Governor Signs Electronic Prescription Requirement and Dental Practice Act Legislation

Aug 11, 2023
We want to thank all our members who contacted their legislators on this legislation. Your advocacy efforts are critical to our statewide advocacy.

ISDS is pleased to announce that Governor Pritzker recently signed ISDS-initiated legislation that clarified the requirement for when healthcare providers, including dentists, submit prescriptions for controlled substances electronically and changes to the Dental Practice Act.

The law requires that beginning on January 1, 2024 all healthcare providers, including dentists, prescribing controlled substances Schedule II-IV to submit them electronically. However, the legislation provides several exemptions from this requirement which includes a provider who does not issue more than 150 prescriptions during a 12-month period.

Additionally, the legislation made several changes to the Dental Practice Act. These changes include allowing a licensed dentist or dental hygienist who is a military service member to use a streamlined licensing process. Additionally, the changes provide consistency with the Illinois Civil Procedure Code that addresses patient notification in the event of a dental office closure.  This legislation is now law and will be effective January 1, 2024.

We want to thank all our members who contacted their legislators on this legislation. Your advocacy efforts are critical to our statewide advocacy.

The requirements of these changes are outlined below:

E-Prescription Requirement

Beginning January 1, 2024, all healthcare providers prescribing controlled substances schedule II-V must submit prescriptions electronically. During this session, ISDS worked with other stakeholders to pursue legislation to outline further and clarify the requirement. The legislation provides for the following exemptions to submitting the prescriptions electronically:

  • A provider does not issue more than 150 prescriptions during a 12-month period until December 31, 2028. Starting January 1, 2029, a prescriber would be exempt if they do not issue more than 50 prescriptions during a 12-month period.
  • Before January 1, 2026 the prescriber demonstrates financial difficulty in buying or managing an electronic prescription option.
  • On and after January 1, 2026, the prescriber provides proof of a waiver from the Centers for Medicare and Medicaid Services for economic hardship.
  • Temporary technological or electrical failure that prevents an electronic prescription from being issued.
  • The practitioner determines it would be impractical for the patient to obtain in a timely manner if prescribed electronically and would adversely impact the patient’s medical condition.
  • Patients in certain locations and situations, such as nursing homes, correctional facilities, or undergoing hospice care.

Dental Practice Act Changes

This past session, ISDS introduced legislation that provides several clean-up changes to the Illinois Dental Practice Act. Some of the items addressed included the following:

  • Clarifying language to existing provisions to correct an oversight from the workforce legislation passed last spring.
  • Allowing a holder of a faculty limited license to advertise their specialty degree as part of their ability to practice at the dental facility.
  • Allows a licensed dentist or dental hygienist who is a military service member to apply for licensure by credentialing.
  • Continuing education providers must disclose that a course is approved for continuing education in Illinois.
  • Clarifies the provisions regarding patient records when an office closes, which is consistent with the other provisions in Illinois law.