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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Controlled Substances Act is | |||||||||||||||||||||
5 | amended by changing Sections 316 and 320 as follows:
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6 | (720 ILCS 570/316)
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7 | Sec. 316. Prescription Monitoring Program. | |||||||||||||||||||||
8 | (a) The Department must provide for a
Prescription | |||||||||||||||||||||
9 | Monitoring Program for Schedule II, III, IV, and V controlled | |||||||||||||||||||||
10 | substances that includes the following components and | |||||||||||||||||||||
11 | requirements:
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12 | (1) The
dispenser must transmit to the
central | |||||||||||||||||||||
13 | repository, in a form and manner specified by the | |||||||||||||||||||||
14 | Department, the following information:
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15 | (A) The recipient's name and address.
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16 | (B) The recipient's date of birth and gender.
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17 | (C) The national drug code number of the controlled
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18 | substance
dispensed.
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19 | (D) The date the controlled substance is | |||||||||||||||||||||
20 | dispensed.
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21 | (E) The quantity of the controlled substance | |||||||||||||||||||||
22 | dispensed and days supply.
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23 | (F) The dispenser's United States Drug Enforcement |
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1 | Administration
registration number.
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2 | (G) The prescriber's United States Drug | ||||||
3 | Enforcement Administration
registration number.
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4 | (H) The dates the controlled substance | ||||||
5 | prescription is filled. | ||||||
6 | (I) The payment type used to purchase the | ||||||
7 | controlled substance (i.e. Medicaid, cash, third party | ||||||
8 | insurance). | ||||||
9 | (J) The patient location code (i.e. home, nursing | ||||||
10 | home, outpatient, etc.) for the controlled substances | ||||||
11 | other than those filled at a retail pharmacy. | ||||||
12 | (K) Any additional information that may be | ||||||
13 | required by the department by administrative rule, | ||||||
14 | including but not limited to information required for | ||||||
15 | compliance with the criteria for electronic reporting | ||||||
16 | of the American Society for Automation and Pharmacy or | ||||||
17 | its successor. | ||||||
18 | (2) The information required to be transmitted under | ||||||
19 | this Section must be
transmitted not later than the end of | ||||||
20 | the next business day after the date on which a
controlled | ||||||
21 | substance is dispensed, or at such other time as may be | ||||||
22 | required by the Department by administrative rule.
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23 | (3) A dispenser must transmit the information required | ||||||
24 | under this Section
by:
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25 | (A) an electronic device compatible with the | ||||||
26 | receiving device of the
central repository;
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1 | (B) a computer diskette;
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2 | (C) a magnetic tape; or
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3 | (D) a pharmacy universal claim form or Pharmacy | ||||||
4 | Inventory Control form;
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5 | (4) The Department may impose a civil fine of up to | ||||||
6 | $100 per day for willful failure to report controlled | ||||||
7 | substance dispensing to the Prescription Monitoring | ||||||
8 | Program. The fine shall be calculated on no more than the | ||||||
9 | number of days from the time the report was required to be | ||||||
10 | made until the time the problem was resolved, and shall be | ||||||
11 | payable to the Prescription Monitoring Program.
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12 | (b) The Department, by rule, may include in the | ||||||
13 | Prescription Monitoring Program certain other select drugs | ||||||
14 | that are not included in Schedule II, III, IV, or V. The | ||||||
15 | Prescription Monitoring Program does not apply to
controlled | ||||||
16 | substance prescriptions as exempted under Section
313.
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17 | (c) The collection of data on select drugs and scheduled | ||||||
18 | substances by the Prescription Monitoring Program may be used | ||||||
19 | as a tool for addressing oversight requirements of long-term | ||||||
20 | care institutions as set forth by Public Act 96-1372. Long-term | ||||||
21 | care pharmacies shall transmit patient medication profiles to | ||||||
22 | the Prescription Monitoring Program monthly or more frequently | ||||||
23 | as established by administrative rule. | ||||||
24 | (d) The Department of Human Services shall appoint a | ||||||
25 | full-time Clinical Director of the Prescription Monitoring | ||||||
26 | Program. |
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1 | (e) (Blank). | ||||||
2 | (f) Within one year of the effective date of this | ||||||
3 | amendatory Act of the 100th General Assembly, the Department | ||||||
4 | shall adopt rules requiring all Electronic Health Records | ||||||
5 | Systems to interface with the Prescription Monitoring Program | ||||||
6 | application program on or before January 1, 2021 to ensure that | ||||||
7 | all providers have access to specific patient records during | ||||||
8 | the treatment of their patients. These rules shall also address | ||||||
9 | the electronic integration of pharmacy records with the | ||||||
10 | Prescription Monitoring Program to allow for faster | ||||||
11 | transmission of the information required under this Section. | ||||||
12 | The Department shall establish actions to be taken if a | ||||||
13 | prescriber's Electronic Health Records System does not | ||||||
14 | effectively interface with the Prescription Monitoring Program | ||||||
15 | within the required timeline. | ||||||
16 | (g) The Department, in consultation with the Advisory | ||||||
17 | Committee, shall adopt rules allowing licensed prescribers or | ||||||
18 | pharmacists who have registered to access the Prescription | ||||||
19 | Monitoring Program to authorize a licensed or non-licensed | ||||||
20 | designee employed in that licensed prescriber's office or | ||||||
21 | licensed pharmacist's pharmacy and who has received training in | ||||||
22 | the federal Health Insurance Portability and Accountability | ||||||
23 | Act to consult the Prescription Monitoring Program on their | ||||||
24 | behalf. The rules shall include reasonable parameters | ||||||
25 | concerning a practitioner's authority to authorize a designee, | ||||||
26 | and the eligibility of a person to be selected as a designee. |
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1 | (Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
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2 | (720 ILCS 570/320)
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3 | Sec. 320. Advisory committee.
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4 | (a) There is created a Prescription Monitoring Program | ||||||
5 | Advisory Committee to
assist the Department of Human Services | ||||||
6 | in implementing the Prescription Monitoring Program created by | ||||||
7 | this Article and to advise the Department on the professional | ||||||
8 | performance of prescribers and dispensers and other matters | ||||||
9 | germane to the advisory committee's field of competence.
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10 | (b) The Clinical Director of the Prescription Monitoring | ||||||
11 | Program shall appoint members to
serve on the advisory | ||||||
12 | committee. The advisory committee shall be composed of | ||||||
13 | prescribers and dispensers as follows: 4 physicians licensed to | ||||||
14 | practice medicine in all its branches; one advanced practice | ||||||
15 | registered nurse; one physician assistant; one optometrist; | ||||||
16 | one dentist; one podiatric physician; and 3 pharmacists. The | ||||||
17 | Clinical Director of the Prescription Monitoring Program may | ||||||
18 | appoint a representative of an organization representing a | ||||||
19 | profession required to be appointed. The Clinical Director of | ||||||
20 | the Prescription Monitoring Program shall serve as the chair of | ||||||
21 | the committee.
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22 | (c) The advisory committee may appoint its other officers | ||||||
23 | as it deems
appropriate.
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24 | (d) The members of the advisory committee shall receive no | ||||||
25 | compensation for
their services as members of the advisory |
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1 | committee but may be reimbursed for
their actual expenses | ||||||
2 | incurred in serving on the advisory committee.
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3 | (e) The advisory committee shall: | ||||||
4 | (1) provide a uniform approach to reviewing this Act in | ||||||
5 | order to determine whether changes should be recommended to | ||||||
6 | the General Assembly; | ||||||
7 | (2) review current drug schedules in order to manage | ||||||
8 | changes to the administrative rules pertaining to the | ||||||
9 | utilization of this Act; | ||||||
10 | (3) review the following: current clinical guidelines | ||||||
11 | developed by health care professional organizations on the | ||||||
12 | prescribing of opioids or other controlled substances; | ||||||
13 | accredited continuing education programs related to | ||||||
14 | prescribing and dispensing; programs or information | ||||||
15 | developed by health care professional organizations that | ||||||
16 | may be used to assess patients or help ensure compliance | ||||||
17 | with prescriptions; updates from the Food and Drug | ||||||
18 | Administration, the Centers for Disease Control and | ||||||
19 | Prevention, and other public and private organizations | ||||||
20 | which are relevant to prescribing and dispensing; relevant | ||||||
21 | medical studies; and other publications which involve the | ||||||
22 | prescription of controlled substances; | ||||||
23 | (4) make recommendations for inclusion of these | ||||||
24 | materials or other studies which may be effective resources | ||||||
25 | for prescribers and dispensers on the Internet website of | ||||||
26 | the inquiry system established under Section 318; |
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1 | (5) on at least a quarterly basis, review the content | ||||||
2 | of the Internet website of the inquiry system established | ||||||
3 | pursuant to Section 318 to ensure this Internet website has | ||||||
4 | the most current available information; | ||||||
5 | (6) on at least a quarterly basis, review opportunities | ||||||
6 | for federal grants and other forms of funding to support | ||||||
7 | projects which will increase the number of pilot programs | ||||||
8 | which integrate the inquiry system with electronic health | ||||||
9 | records; and | ||||||
10 | (7) on at least a quarterly basis, review communication | ||||||
11 | to be sent to all registered users of the inquiry system | ||||||
12 | established pursuant to Section 318, including | ||||||
13 | recommendations for relevant accredited continuing | ||||||
14 | education and information regarding prescribing and | ||||||
15 | dispensing. | ||||||
16 | (f) The Clinical Director of the Prescription Monitoring | ||||||
17 | Program shall select 6 5 members, 3 physicians , and 2 | ||||||
18 | pharmacists, and one dentist, of the Prescription Monitoring | ||||||
19 | Program Advisory Committee to serve as members of the peer | ||||||
20 | review subcommittee. The purpose of the peer review | ||||||
21 | subcommittee is to advise the Program on matters germane to the | ||||||
22 | advisory committee's field of competence, establish a formal | ||||||
23 | peer review of professional performance of prescribers and | ||||||
24 | dispensers, and develop communications to transmit to | ||||||
25 | prescribers and dispensers. The deliberations, information, | ||||||
26 | and communications of the peer review subcommittee are |
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1 | privileged and confidential and shall not be disclosed in any | ||||||
2 | manner except in accordance with current law. | ||||||
3 | (1) The peer review subcommittee shall periodically | ||||||
4 | review the data contained within the prescription | ||||||
5 | monitoring program to identify those prescribers or | ||||||
6 | dispensers who may be prescribing or dispensing outside the | ||||||
7 | currently accepted standards in the course of their | ||||||
8 | professional practice. | ||||||
9 | (2) The peer review subcommittee may identify | ||||||
10 | prescribers or dispensers who may be prescribing outside | ||||||
11 | the currently accepted medical standards in the course of | ||||||
12 | their professional practice and send the identified | ||||||
13 | prescriber or dispenser a request for information | ||||||
14 | regarding their prescribing or dispensing practices. This | ||||||
15 | request for information shall be sent via certified mail, | ||||||
16 | return receipt requested. A prescriber or dispenser shall | ||||||
17 | have 30 days to respond to the request for information. | ||||||
18 | (3) The peer review subcommittee shall refer a | ||||||
19 | prescriber or a dispenser to the Department of Financial | ||||||
20 | and Professional Regulation in the following situations: | ||||||
21 | (i) if a prescriber or dispenser does not respond | ||||||
22 | to three successive requests for information; | ||||||
23 | (ii) in the opinion of a majority of members of the | ||||||
24 | peer review subcommittee, the prescriber or dispenser | ||||||
25 | does not have a satisfactory explanation for the | ||||||
26 | practices identified by the peer review subcommittee |
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1 | in its request for information; or | ||||||
2 | (iii) following communications with the peer | ||||||
3 | review subcommittee, the prescriber or dispenser does | ||||||
4 | not sufficiently rectify the practices identified in | ||||||
5 | the request for information in the opinion of a | ||||||
6 | majority of the members of the peer review | ||||||
7 | subcommittee. | ||||||
8 | (4) The Department of Financial and Professional | ||||||
9 | Regulation may initiate an investigation and discipline in | ||||||
10 | accordance with current laws and rules for any prescriber | ||||||
11 | or dispenser referred by the peer review subcommittee. | ||||||
12 | (5) The peer review subcommittee shall prepare an | ||||||
13 | annual report starting on July 1, 2017. This report shall | ||||||
14 | contain the following information: the number of times the | ||||||
15 | peer review subcommittee was convened; the number of | ||||||
16 | prescribers or dispensers who were reviewed by the peer | ||||||
17 | review committee; the number of requests for information | ||||||
18 | sent out by the peer review subcommittee; and the number of | ||||||
19 | prescribers or dispensers referred to the Department of | ||||||
20 | Financial and Professional Regulation. The annual report | ||||||
21 | shall be delivered electronically to the Department and to | ||||||
22 | the General Assembly. The report prepared by the peer | ||||||
23 | review subcommittee shall not identify any prescriber, | ||||||
24 | dispenser, or patient. | ||||||
25 | (Source: P.A. 99-480, eff. 9-9-15; 100-513, eff. 1-1-18 .)
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26 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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