Bill Amendment: IL SB0421 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIMINAL LAW-TECH

Status: 2025-01-07 - Session Sine Die [SB0421 Detail]

Download: Illinois-2023-SB0421-Senate_Amendment_001.html

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Sen. Laura Ellman

Filed: 3/29/2023

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AMENDMENT TO SENATE BILL 421
AMENDMENT NO. ______. Amend Senate Bill 421 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Controlled Substances Act is
amended by changing Sections 316 and 317 as follows:
(720 ILCS 570/316)
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:
(1) The dispenser must transmit to the central
repository, in a form and manner specified by the
Department, the following information:
(A) The recipient's name and address.
(B) The recipient's date of birth and gender.

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(C) The national drug code number of the
controlled substance dispensed.
(D) (Blank). The date the controlled substance is
dispensed.
(E) The quantity of the controlled substance
dispensed and days supply.
(F) The dispenser's United States Drug Enforcement
Administration registration number.
(G) The prescriber's United States Drug
Enforcement Administration registration number.
(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

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the business day on which a controlled substance is
dispensed, or at such other time as may be required by the
Department by administrative rule.
(3) A dispenser must transmit electronically, as
provided by Department rule, the information required to
be transmitted under this Section. by:
(A) an electronic device compatible with the
receiving device of the central repository;
(B) a computer diskette;
(C) a magnetic tape; or
(D) a pharmacy universal claim form or Pharmacy
Inventory Control form.
(3.5) The requirements of paragraphs (1), (2), and (3)
of this subsection also apply to opioid treatment programs
that are licensed or certified by the Department of Human
Services' Division of Substance Use Prevention and
Recovery and are authorized by the federal Drug
Enforcement Administration to prescribe Schedule II, III,
IV, or V controlled substances for the treatment of opioid
use disorders. Opioid treatment programs shall attempt to
obtain written patient consent, shall document attempts to
obtain the written consent, and shall not transmit
information without patient consent. Documentation
obtained under this paragraph shall not be utilized for
law enforcement purposes, as proscribed under 42 CFR 2, as
amended by 42 U.S.C. 290dd-2. Treatment of a patient shall

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not be conditioned upon his or her written consent.
(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.
(a-5) Notwithstanding subsection (a), a licensed
veterinarian is exempt from the reporting requirements of this
Section. If a person who is presenting an animal for treatment
is suspected of fraudulently obtaining any controlled
substance or prescription for a controlled substance, the
licensed veterinarian shall report that information to the
local law enforcement agency.
(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.
(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

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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) It is the responsibility of any new, ceased, or
unconnected healthcare facility and its selected Electronic
Health Records System or Pharmacy Management System to make
contact with and ensure integration with the Prescription
Monitoring Program. As soon as practicable after the effective
date of this amendatory Act of the 103rd General Assembly, the
Department shall adopt rules requiring Electronic Health
Records Systems and Pharmacy Management Systems to interface,
by January 1, 2024, with the Prescription Monitoring Program
to ensure that providers have access to specific patient
records during the treatment of their patients. These rules
may define integration requirements and exceptions, and, in
order to allow for faster transmission of information under
this Section, may address the electronic integration of
pharmacy records with the Prescription Monitoring Program. The
Department shall identify actions to be taken if a
prescriber's Electronic Health Records System and Pharmacy
Management Systems does not effectively interface with the
Prescription Monitoring Program once the Prescription
Monitoring Program is aware of the non-integrated connection.
Within one year of January 1, 2018 (the effective date of

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Public Act 100-564), 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 Prescription
Monitoring Program Advisory Committee, shall adopt rules
allowing licensed prescribers or pharmacists who have
registered to access the Prescription Monitoring Program to
authorize a licensed or non-licensed designee employed in that
licensed prescriber's office or a licensed designee in a
licensed pharmacist's pharmacy who has received training in
the federal Health Insurance Portability and Accountability
Act and 42 CFR 2 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

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Managed Care Organization providing services under Article V
of the Illinois Public Aid Code under a contract with the
Department of Healthcare 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. 101-81, eff. 7-12-19; 101-414, eff. 8-16-19;
102-527, eff. 8-20-21; 102-813, eff. 5-13-22.)
(720 ILCS 570/317)
Sec. 317. Central repository for collection of
information.
(a) The Department must designate a central repository for
the collection of information transmitted under Section 316
and former Section 321.
(b) The central repository must do the following:
(1) Create a database for information required to be
transmitted under Section 316 in the form required under
rules adopted by the Department, including search
capability for the following:
(A) A recipient's name and address.
(B) A recipient's date of birth and gender.
(C) The national drug code number of a controlled
substance dispensed.

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(D) (Blank). The dates a controlled substance is
dispensed.
(E) The quantities and days supply of a controlled
substance dispensed.
(F) A dispenser's Administration registration
number.
(G) A prescriber's Administration registration
number.
(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 controlled substance
prescriptions other than those filled at a retail
pharmacy.
(2) Provide the Department with a database maintained
by the central repository. The Department of Financial and
Professional Regulation must provide the Department with
electronic access to the license information of a
prescriber or dispenser.
(3) Secure the information collected by the central
repository and the database maintained by the central
repository against access by unauthorized persons.
All prescribers shall designate one or more medical

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specialties or fields of medical care and treatment for which
the prescriber prescribes controlled substances when
registering with the Prescription Monitoring Program.
No fee shall be charged for access by a prescriber or
dispenser.
(Source: P.A. 99-480, eff. 9-9-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.".