Bill Text: IL HB0163 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the Illinois Controlled Substances Act. Provides that the information required to be transmitted under the prescription monitoring program must be transmitted not later than the end of the business day on which a controlled substance is dispensed, or at such other time as may be required by the Department of Human Services by administrative rule (rather than, at the end of the next business day on which the controlled substance is dispensed).

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Engrossed) 2019-05-17 - Rule 3-9(a) / Re-referred to Assignments [HB0163 Detail]

Download: Illinois-2019-HB0163-Engrossed.html



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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Controlled Substances Act is
5amended by changing Section 316 as follows:
6 (720 ILCS 570/316)
7 Sec. 316. Prescription Monitoring Program.
8 (a) The Department must provide for a Prescription
9Monitoring Program for Schedule II, III, IV, and V controlled
10substances that includes the following components and
11requirements:
12 (1) The dispenser must transmit to the central
13 repository, in a form and manner specified by the
14 Department, the following information:
15 (A) The recipient's name and address.
16 (B) The recipient's date of birth and gender.
17 (C) The national drug code number of the controlled
18 substance dispensed.
19 (D) The date the controlled substance is
20 dispensed.
21 (E) The quantity of the controlled substance
22 dispensed and days supply.
23 (F) The dispenser's United States Drug Enforcement

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1 Administration registration number.
2 (G) The prescriber's United States Drug
3 Enforcement Administration registration number.
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.
23 (3) A dispenser must transmit the information required
24 under this Section by:
25 (A) an electronic device compatible with the
26 receiving device of the central repository;

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1 (B) a computer diskette;
2 (C) a magnetic tape; or
3 (D) a pharmacy universal claim form or Pharmacy
4 Inventory Control form. ;
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.
12 (b) The Department, by rule, may include in the
13Prescription Monitoring Program certain other select drugs
14that are not included in Schedule II, III, IV, or V. The
15Prescription Monitoring Program does not apply to controlled
16substance prescriptions as exempted under Section 313.
17 (c) The collection of data on select drugs and scheduled
18substances by the Prescription Monitoring Program may be used
19as a tool for addressing oversight requirements of long-term
20care institutions as set forth by Public Act 96-1372. Long-term
21care pharmacies shall transmit patient medication profiles to
22the Prescription Monitoring Program monthly or more frequently
23as established by administrative rule.
24 (d) The Department of Human Services shall appoint a
25full-time Clinical Director of the Prescription Monitoring
26Program.

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1 (e) (Blank).
2 (f) Within one year of January 1, 2018 (the effective date
3of 100-564) this amendatory Act of the 100th General Assembly,
4the Department shall adopt rules requiring all Electronic
5Health Records Systems to interface with the Prescription
6Monitoring Program application program on or before January 1,
72021 to ensure that all providers have access to specific
8patient records during the treatment of their patients. These
9rules shall also address the electronic integration of pharmacy
10records with the Prescription Monitoring Program to allow for
11faster transmission of the information required under this
12Section. The Department shall establish actions to be taken if
13a prescriber's Electronic Health Records System does not
14effectively interface with the Prescription Monitoring Program
15within the required timeline.
16 (g) The Department, in consultation with the Advisory
17Committee, shall adopt rules allowing licensed prescribers or
18pharmacists who have registered to access the Prescription
19Monitoring Program to authorize a licensed or non-licensed
20designee employed in that licensed prescriber's office or a
21licensed designee in a licensed pharmacist's pharmacy, and who
22has received training in the federal Health Insurance
23Portability and Accountability Act to consult the Prescription
24Monitoring Program on their behalf. The rules shall include
25reasonable parameters concerning a practitioner's authority to
26authorize a designee, and the eligibility of a person to be

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1selected as a designee. In this subsection (g), "pharmacist"
2shall include a clinical pharmacist employed by and designated
3by a Medicaid Managed Care Organization providing services
4under Article V of the Illinois Public Aid Code under a
5contract with the Department of Healthcare Health and Family
6Services for the sole purpose of clinical review of services
7provided to persons covered by the entity under the contract to
8determine compliance with subsections (a) and (b) of Section
9314.5 of this Act. A managed care entity pharmacist shall
10notify prescribers of review activities.
11(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18;
12100-861, eff. 8-14-18; 100-1005, eff. 8-21-18; 100-1093, eff.
138-26-18; revised 10-9-18.)
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