Bill Text: IL HB0535 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Dental Practice Act, the Medical Practice Act of 1987, the Nurse Practice Act, the Illinois Optometric Practice Act of 1987, the Pharmacy Practice Act, the Physician Assistant Practice Act of 1987, and the Podiatric Medical Practice Act of 1987. Provides that no licensee or registrant under the Acts shall be compelled to release his or her prescription records to any person or entity licensed under the Wholesale Drug Distribution Licensing Act or any other pharmaceutical sales company and may take all acceptable measures necessary to safeguard these records from unwanted release. Prohibits licensees or registrants under the Acts from releasing any prescription record to a person or entity licensed under the Wholesale Drug Distribution Licensing Act or any other pharmaceutical sales company, unless the licensee or registrant has obtained a release waiver from the patient for whom the prescription was initiated or the patient's authorized agent. Amends the Wholesale Drug Distribution Licensing Act to prohibit the compulsion of the release of prescription records from a licensee or registrant and the receipt of prescription records without the provision of proof of a patient waiver.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB0535 Detail]

Download: Illinois-2009-HB0535-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0535 Introduced 2/4/2009, by Rep. Charles E. Jefferson SYNOPSIS AS INTRODUCED:
225 ILCS 25/50.5 new
225 ILCS 60/33 from Ch. 111, par. 4400-33
225 ILCS 65/65-40 was 225 ILCS 65/15-20
225 ILCS 80/6 from Ch. 111, par. 3906
225 ILCS 85/18 from Ch. 111, par. 4138
225 ILCS 95/7.5
225 ILCS 100/20.10 new
225 ILCS 120/50.5 new
Amends the Illinois Dental Practice Act, the Medical Practice Act of 1987, the Nurse Practice Act, the Illinois Optometric Practice Act of 1987, the Pharmacy Practice Act, the Physician Assistant Practice Act of 1987, and the Podiatric Medical Practice Act of 1987. Provides that no licensee or registrant under the Acts shall be compelled to release his or her prescription records to any person or entity licensed under the Wholesale Drug Distribution Licensing Act or any other pharmaceutical sales company and may take all acceptable measures necessary to safeguard these records from unwanted release. Prohibits licensees or registrants under the Acts from releasing any prescription record to a person or entity licensed under the Wholesale Drug Distribution Licensing Act or any other pharmaceutical sales company, unless the licensee or registrant has obtained a release waiver from the patient for whom the prescription was initiated or the patient's authorized agent. Amends the Wholesale Drug Distribution Licensing Act to prohibit the compulsion of the release of prescription records from a licensee or registrant and the receipt of prescription records without the provision of proof of a patient waiver.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Dental Practice Act is amended by
adding Section 50.5 as follows:
(225 ILCS 25/50.5 new)
(Section scheduled to be repealed on January 1, 2016)
Sec. 50.5. Prescription record release prohibited. No
dentist shall be compelled to release his or her prescription
records to any person or entity licensed under the Wholesale
Drug Distribution Licensing Act or any other pharmaceutical
sales company and may take all measures necessary and deemed
acceptable by the Department to safeguard these records from
unwanted release. A dentist is prohibited from releasing any
prescription record to a person or entity licensed under the
Wholesale Drug Distribution Licensing Act or any other
pharmaceutical sales company, unless the dentist has obtained a
release waiver from the patient for whom the prescription was
initiated or the patient's authorized agent.
Section 10. The Medical Practice Act of 1987 is amended by
changing Section 33 as follows:

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(225 ILCS 60/33) (from Ch. 111, par. 4400-33)
(Section scheduled to be repealed on December 31, 2010)
Sec. 33. Any person licensed under this Act to practice
medicine in all of its branches shall be authorized to purchase
legend drugs requiring an order of a person authorized to
prescribe drugs, and to dispense such legend drugs in the
regular course of practicing medicine. The dispensing of such
legend drugs shall be the personal act of the person licensed
under this Act and may not be delegated to any other person not
licensed under this Act or the Pharmacy Practice Act unless
such delegated dispensing functions are under the direct
supervision of the physician authorized to dispense legend
drugs. Except when dispensing manufacturers' samples or other
legend drugs in a maximum 72 hour supply, persons licensed
under this Act shall maintain a book or file of prescriptions
as required in the Pharmacy Practice Act. No licensee shall be
compelled to release his or her prescription records to any
person or entity licensed under the Wholesale Drug Distribution
Licensing Act or any other pharmaceutical sales company and may
take all measures necessary and deemed acceptable by the
Department to safeguard these records from unwanted release. A
licensee is prohibited from releasing any prescription record
to a person or entity licensed under the Wholesale Drug
Distribution Licensing Act or any other pharmaceutical sales
company, unless the licensee has obtained a release waiver from
the patient for whom the prescription was initiated or the

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patient's authorized agent. Any person licensed under this Act
who dispenses any drug or medicine shall dispense such drug or
medicine in good faith and shall affix to the box, bottle,
vessel or package containing the same a label indicating (a)
the date on which such drug or medicine is dispensed; (b) the
name of the patient; (c) the last name of the person dispensing
such drug or medicine; (d) the directions for use thereof; and
(e) the proprietary name or names or, if there are none, the
established name or names of the drug or medicine, the dosage
and quantity, except as otherwise authorized by regulation of
the Department of Professional Regulation. The foregoing
labeling requirements shall not apply to drugs or medicines in
a package which bears a label of the manufacturer containing
information describing its contents which is in compliance with
requirements of the Federal Food, Drug, and Cosmetic Act and
the Illinois Food, Drug, and Cosmetic Act. "Drug" and
"medicine" have the meaning ascribed to them in the Pharmacy
Practice Act, as now or hereafter amended; "good faith" has the
meaning ascribed to it in subsection (v) of Section 102 of the
"Illinois Controlled Substances Act", approved August 16,
1971, as amended.
Prior to dispensing a prescription to a patient, the
physician shall offer a written prescription to the patient
which the patient may elect to have filled by the physician or
any licensed pharmacy.
A violation of any provision of this Section shall

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constitute a violation of this Act and shall be grounds for
disciplinary action provided for in this Act.
(Source: P.A. 95-689, eff. 10-29-07.)
Section 15. The Nurse Practice Act is amended by changing
Section 65-40 as follows:
(225 ILCS 65/65-40) (was 225 ILCS 65/15-20)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65-40. Prescriptive authority.
(a) A collaborating physician or podiatrist may, but is not
required to, delegate prescriptive authority to an advanced
practice nurse as part of a written collaborative agreement.
This authority may, but is not required to, include
prescription of, selection of, orders for, administration of,
storage of, acceptance of samples of, and dispensing over the
counter medications, legend drugs, medical gases, and
controlled substances categorized as Schedule III, III-N, IV,
or V controlled substances, as defined in Article II of the
Illinois Controlled Substances Act, and other preparations,
including, but not limited to, botanical and herbal remedies.
The collaborating physician or podiatrist must have a valid
current Illinois controlled substance license and federal
registration to delegate authority to prescribe delegated
controlled substances.
(b) To prescribe controlled substances under this Section,

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an advanced practice nurse must obtain a mid-level practitioner
controlled substance license. Medication orders shall be
reviewed periodically by the collaborating physician or
podiatrist.
(c) The collaborating physician or podiatrist shall file
with the Department notice of delegation of prescriptive
authority and termination of such delegation, in accordance
with rules of the Department. Upon receipt of this notice
delegating authority to prescribe Schedule III, III-N, IV, or V
controlled substances, the licensed advanced practice nurse
shall be eligible to register for a mid-level practitioner
controlled substance license under Section 303.05 of the
Illinois Controlled Substances Act.
(d) In addition to the requirements of subsections (a),
(b), and (c) of this Section, a collaborating physician may,
but is not required to, delegate authority to an advanced
practice nurse to prescribe Schedule II or II-N controlled
substances, if all of the following conditions apply:
(1) No more than 5 Schedule II or II-N controlled
substances by oral dosage may be delegated.
(2) Any delegation must be controlled substances that
the collaborating physician prescribes.
(3) Any prescription must be limited to no more than a
30-day oral dosage, with any continuation authorized only
after prior approval of the collaborating physician.
(4) The advanced practice nurse must discuss the

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condition of any patients for whom a controlled substance
is prescribed monthly with the delegating physician.
(e) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons.
(f) No advanced practice nurse with prescriptive authority
shall be compelled to release his or her prescription records
to any person or entity licensed under the Wholesale Drug
Distribution Licensing Act or any other pharmaceutical sales
company and may take all measures necessary and deemed
acceptable by the Department to safeguard these records from
unwanted release. An advanced practice nurse with prescriptive
authority is prohibited from releasing any prescription record
to a person or entity licensed under the Wholesale Drug
Distribution Licensing Act or any other pharmaceutical sales
company, unless the advanced practice nurse has obtained a
release waiver from the patient for whom the prescription was
initiated or the patient's authorized agent.
(Source: P.A. 95-639, eff. 10-5-07.)
Section 20. The Illinois Optometric Practice Act of 1987 is
amended by changing Section 6 as follows:
(225 ILCS 80/6) (from Ch. 111, par. 3906)
(Section scheduled to be repealed on January 1, 2017)

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Sec. 6. Display of license; change of address; record of
examinations and prescriptions. Every holder of a license under
this Act shall display such license on a conspicuous place in
the office or offices wherein such holder practices optometry
and every holder shall, whenever requested, exhibit such
license to any representative of the Department, and shall
notify the Department of the address or addresses and of every
change thereof, where such holder shall practice optometry.
Every licensed optometrist shall keep a record of
examinations made and prescriptions issued, which record shall
include the names of persons examined and for whom
prescriptions were prepared, and shall be signed by the
licensed optometrist and retained by him in the office in which
such professional service was rendered. Such records shall be
preserved by the optometrist for a period designated by the
Department. A copy of such records shall be provided, upon
written request, to the person examined, or his or her
designee. No licensed optometrist shall be compelled to release
his or her prescription records to any person or entity
licensed under the Wholesale Drug Distribution Licensing Act or
any other pharmaceutical sales company and may take all
measures necessary and deemed acceptable by the Department to
safeguard these records from unwanted release. A licensed
optometrist is prohibited from releasing any prescription
record to a person or entity licensed under the Wholesale Drug
Distribution Licensing Act or any other pharmaceutical sales

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company, unless the optometrist has obtained a release waiver
from the patient for whom the prescription was initiated or the
patient's authorized agent.
(Source: P.A. 94-787, eff. 5-19-06.)
Section 25. The Pharmacy Practice Act is amended by
changing Section 18 as follows:
(225 ILCS 85/18) (from Ch. 111, par. 4138)
(Section scheduled to be repealed on January 1, 2018)
Sec. 18. Record retention. Except as provided in subsection
(b), there shall be kept in every drugstore or pharmacy a
suitable book, file, or electronic record keeping system in
which shall be preserved for a period of not less than 5 years
the original, or an exact, unalterable image, of every written
prescription and the original transcript or copy of every
verbal prescription filled, compounded, or dispensed, in such
pharmacy; and such book or file of prescriptions shall at all
reasonable times be open to inspection to the pharmacy
coordinator and the duly authorized agents or employees of the
Department.
Every prescription filled or refilled shall contain the
unique identifiers of the persons authorized to practice
pharmacy under the provision of this Act who fills or refills
the prescription.
Records kept pursuant to this Section may be maintained in

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an alternative data retention system, such as a direct digital
imaging system, provided that:
(1) the records maintained in the alternative data
retention system contain all of the information required in
a manual record;
(2) the data processing system is capable of producing
a hard copy of the electronic record on the request of the
Board, its representative, or other authorized local,
State, or federal law enforcement or regulatory agency;
(3) the digital images are recorded and stored only by
means of a technology that does not allow subsequent
revision or replacement of the images; and
(4) the prescriptions may be retained in written form
or recorded in a data processing system, provided that such
order can be produced in printed form upon lawful request.
As used in this Section, "digital imaging system" means a
system, including people, machines, methods of organization,
and procedures, that provides input, storage, processing,
communications, output, and control functions for digitized
representations of original prescription records.
Inpatient drug orders may be maintained within an
institution in a manner approved by the Department.
No licensee or registrant shall be compelled to release
prescription records to any person or entity licensed under the
Wholesale Drug Distribution Licensing Act or any other
pharmaceutical sales company and may take all measures

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necessary and deemed acceptable by the Department to safeguard
these records from unwanted release. A licensee or registrant
is prohibited from releasing any prescription record to a
person or entity licensed under the Wholesale Drug Distribution
Licensing Act or any other pharmaceutical sales company, unless
the licensee or registrant has obtained a release waiver from
the patient for whom the prescription was initiated or the
patient's authorized agent.
(Source: P.A. 94-84, eff. 6-28-05; 95-689, eff. 10-29-07.)
Section 30. The Physician Assistant Practice Act of 1987 is
amended by changing Section 7.5 as follows:
(225 ILCS 95/7.5)
(Section scheduled to be repealed on January 1, 2018)
Sec. 7.5. Prescriptions. A supervising physician may
delegate limited prescriptive authority to a physician
assistant. This authority may, but is not required to, include
prescription and dispensing of legend drugs and legend
controlled substances categorized as Schedule III, IV, or V
controlled substances, as defined in Article II of the Illinois
Controlled Substances Act, as delegated in the written
guidelines required by this Act. To prescribe Schedule III, IV,
or V controlled substances under this Section, a physician
assistant must obtain a mid-level practitioner controlled
substances license. Medication orders issued by a physician

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assistant shall be reviewed periodically by the supervising
physician. The supervising physician shall file with the
Department notice of delegation of prescriptive authority to a
physician assistant and termination of delegation, specifying
the authority delegated or terminated. Upon receipt of this
notice delegating authority to prescribe Schedule III, IV, or V
controlled substances, the physician assistant shall be
eligible to register for a mid-level practitioner controlled
substances license under Section 303.05 of the Illinois
Controlled Substances Act. Nothing in this Act shall be
construed to limit the delegation of tasks or duties by the
supervising physician to a nurse or other appropriately trained
personnel.
No physician assistant with prescriptive authority shall
be compelled to release his or her prescription records to any
person or entity licensed under the Wholesale Drug Distribution
Licensing Act or any other pharmaceutical sales company and may
take all measures necessary and deemed acceptable by the
Department to safeguard these records from unwanted release. A
physician assistant with prescriptive authority is prohibited
from releasing any prescription record to a person or entity
licensed under the Wholesale Drug Distribution Licensing Act or
any other pharmaceutical sales company, unless the physician
assistant has obtained a release waiver from the patient for
whom the prescription was initiated or the patient's authorized
agent.

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The Department shall establish by rule the minimum
requirements for written guidelines to be followed under this
Section.
(Source: P.A. 90-116, eff. 7-14-97; 90-818, eff. 3-23-99.)
Section 35. The Podiatric Medical Practice Act of 1987 is
amended by adding Section 20.10 as follows:
(225 ILCS 100/20.10 new)
(Section scheduled to be repealed on January 1, 2018)
Sec. 20.10. Prescription record release prohibited. No
licensee shall be compelled to release his or her prescription
records to any person or entity licensed under the Wholesale
Drug Distribution Licensing Act or any other pharmaceutical
sales company and may take all measures necessary and deemed
acceptable by the Department to safeguard these records from
unwanted release. A licensee is prohibited from releasing any
prescription record to a person or entity licensed under the
Wholesale Drug Distribution Licensing Act or any other
pharmaceutical sales company, unless the licensee has obtained
a release waiver from the patient for whom the prescription was
initiated or the patient's authorized agent.
Section 40. The Wholesale Drug Distribution Licensing Act
is amended by adding Section 50.5 as follows:

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(225 ILCS 120/50.5 new)
(Section scheduled to be repealed on January 1, 2013)
Sec. 50.5. Prescription record release prohibited. No
licensee under this Act shall compel or attempt to compel a
prescribing agent, as that term is defined by the Department,
to release prescription records. A licensee under this Act is
prohibited from receiving any prescription record from a
prescribing agent, unless that prescribing agent presents
proof that he or she has obtained a release waiver from the
patient for whom the prescription was initiated or the
patient's authorized agent.