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| Public Act 100-1005 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Controlled Substances Act is | ||||
amended by changing Section 316 as follows:
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(720 ILCS 570/316)
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Sec. 316. Prescription Monitoring Program. | ||||
(a) The Department must provide for a
Prescription | ||||
Monitoring Program for Schedule II, III, IV, and V controlled | ||||
substances that includes the following components and | ||||
requirements:
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(1) The
dispenser must transmit to the
central | ||||
repository, in a form and manner specified by the | ||||
Department, the following information:
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(A) The recipient's name and address.
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(B) The recipient's date of birth and gender.
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(C) The national drug code number of the controlled
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substance
dispensed.
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(D) The date the controlled substance is | ||||
dispensed.
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(E) The quantity of the controlled substance | ||||
dispensed and days supply.
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(F) The dispenser's United States Drug Enforcement | ||||
Administration
registration number.
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(G) The prescriber's United States Drug | ||
Enforcement Administration
registration number.
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(H) The dates the controlled substance | ||
prescription is filled. | ||
(I) The payment type used to purchase the | ||
controlled substance (i.e. Medicaid, cash, third party | ||
insurance). | ||
(J) The patient location code (i.e. home, nursing | ||
home, outpatient, etc.) for the controlled substances | ||
other than those filled at a retail pharmacy. | ||
(K) Any additional information that may be | ||
required by the department by administrative rule, | ||
including but not limited to information required for | ||
compliance with the criteria for electronic reporting | ||
of the American Society for Automation and Pharmacy or | ||
its successor. | ||
(2) The information required to be transmitted under | ||
this Section must be
transmitted not later than the end of | ||
the next business day after the date on which a
controlled | ||
substance is dispensed, or at such other time as may be | ||
required by the Department by administrative rule.
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(3) A dispenser must transmit the information required | ||
under this Section
by:
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(A) an electronic device compatible with the | ||
receiving device of the
central repository;
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(B) a computer diskette;
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(C) a magnetic tape; or
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(D) a pharmacy universal claim form or Pharmacy | ||
Inventory Control form;
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(4) The Department may impose a civil fine of up to | ||
$100 per day for willful failure to report controlled | ||
substance dispensing to the Prescription Monitoring | ||
Program. The fine shall be calculated on no more than the | ||
number of days from the time the report was required to be | ||
made until the time the problem was resolved, and shall be | ||
payable to the Prescription Monitoring Program.
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(b) The Department, by rule, may include in the | ||
Prescription Monitoring Program certain other select drugs | ||
that are not included in Schedule II, III, IV, or V. The | ||
Prescription Monitoring Program does not apply to
controlled | ||
substance prescriptions as exempted under Section
313.
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(c) The collection of data on select drugs and scheduled | ||
substances by the Prescription Monitoring Program may be used | ||
as a tool for addressing oversight requirements of long-term | ||
care institutions as set forth by Public Act 96-1372. Long-term | ||
care pharmacies shall transmit patient medication profiles to | ||
the Prescription Monitoring Program monthly or more frequently | ||
as established by administrative rule. | ||
(d) The Department of Human Services shall appoint a | ||
full-time Clinical Director of the Prescription Monitoring | ||
Program. | ||
(e) (Blank). | ||
(f) Within one year of the effective date of this | ||
amendatory Act of the 100th General Assembly, the Department | ||
shall adopt rules requiring all Electronic Health Records | ||
Systems to interface with the Prescription Monitoring Program | ||
application program on or before January 1, 2021 to ensure that | ||
all providers have access to specific patient records during | ||
the treatment of their patients. These rules shall also address | ||
the electronic integration of pharmacy records with the | ||
Prescription Monitoring Program to allow for faster | ||
transmission of the information required under this Section. | ||
The Department shall establish actions to be taken if a | ||
prescriber's Electronic Health Records System does not | ||
effectively interface with the Prescription Monitoring Program | ||
within the required timeline. | ||
(g) The Department, in consultation with the Advisory | ||
Committee, shall adopt rules allowing licensed prescribers or | ||
pharmacists who have registered to access the Prescription | ||
Monitoring Program to authorize a designee to consult the | ||
Prescription Monitoring Program on their behalf. The rules | ||
shall include reasonable parameters concerning a | ||
practitioner's authority to authorize a designee, and the | ||
eligibility of a person to be selected as a designee. In this | ||
subsection (g), "pharmacist" shall include a clinical | ||
pharmacist employed by and designated by a Medicaid Managed | ||
Care Organization providing services under Article V of the | ||
Illinois Public Aid Code under a contract with the Department | ||
of Health and Family Services for the sole purpose of clinical | ||
review of services provided to persons covered by the entity | ||
under the contract to determine compliance with subsections (a) | ||
and (b) of Section 314.5 of this Act. A managed care entity | ||
pharmacist shall notify prescribers of review activities. | ||
(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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