Bill Text: IL HB0601 | 2021-2022 | 102nd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 2012. Provides that commission of possession of burglary tools includes when a person, knowingly and with the intent to enter the motor vehicle and with the intent to commit therein a felony or theft, possesses a device designed to: (1) unlock or start a motor vehicle without the use or possession of the key to the motor vehicle; or (2) capture or duplicate a signal from the key fob of a motor vehicle to unlock or start the motor vehicle without the use or possession of the key to the motor vehicle.
Spectrum: Moderate Partisan Bill (Democrat 31-8)
Status: (Passed) 2022-05-26 - Public Act . . . . . . . . . 102-0903 [HB0601 Detail]
Download: Illinois-2021-HB0601-Engrossed.html
Bill Title: Amends the Criminal Code of 2012. Provides that commission of possession of burglary tools includes when a person, knowingly and with the intent to enter the motor vehicle and with the intent to commit therein a felony or theft, possesses a device designed to: (1) unlock or start a motor vehicle without the use or possession of the key to the motor vehicle; or (2) capture or duplicate a signal from the key fob of a motor vehicle to unlock or start the motor vehicle without the use or possession of the key to the motor vehicle.
Spectrum: Moderate Partisan Bill (Democrat 31-8)
Status: (Passed) 2022-05-26 - Public Act . . . . . . . . . 102-0903 [HB0601 Detail]
Download: Illinois-2021-HB0601-Engrossed.html
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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. Findings. The General Assembly finds that: | ||||||
5 | (1) Prior to August of 2020, the federal Substance | ||||||
6 | Abuse
and Mental Health Services Administration (SAMHSA) | ||||||
7 | and the
federal Confidentiality of Substance Use Disorder | ||||||
8 | Patient Records set
forth at 42 CFR 2, prohibited the | ||||||
9 | sharing of substance use disorder
treatment information by | ||||||
10 | opioid treatment programs with prescription
monitoring | ||||||
11 | programs. | ||||||
12 | (2) In August 2020, SAMHSA amended 42 CFR 2 to permit
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13 | the sharing of substance use disorder treatment | ||||||
14 | information by opioid
treatment programs with prescription | ||||||
15 | monitoring programs. | ||||||
16 | (3) In light of the federal modification to 42 CFR 2 | ||||||
17 | and the protections
available under federal and State law | ||||||
18 | and the express requirement of patient
consent, the | ||||||
19 | reporting by opioid treatment programs to the prescription
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20 | monitoring program is permitted and will allow for better | ||||||
21 | coordination
of care among treating providers.
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22 | Section 10. The Illinois Controlled Substances Act is | ||||||
23 | amended by changing Section 316 as follows:
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1 | (720 ILCS 570/316)
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2 | Sec. 316. Prescription Monitoring Program. | ||||||
3 | (a) The Department must provide for a
Prescription | ||||||
4 | Monitoring Program for Schedule II, III, IV, and V controlled | ||||||
5 | substances that includes the following components and | ||||||
6 | requirements:
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7 | (1) The
dispenser must transmit to the
central | ||||||
8 | repository, in a form and manner specified by the | ||||||
9 | Department, the following information:
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10 | (A) The recipient's name and address.
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11 | (B) The recipient's date of birth and gender.
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12 | (C) The national drug code number of the | ||||||
13 | controlled
substance
dispensed.
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14 | (D) The date the controlled substance is | ||||||
15 | dispensed.
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16 | (E) The quantity of the controlled substance | ||||||
17 | dispensed and days supply.
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18 | (F) The dispenser's United States Drug Enforcement | ||||||
19 | Administration
registration number.
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20 | (G) The prescriber's United States Drug | ||||||
21 | Enforcement Administration
registration number.
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22 | (H) The dates the controlled substance | ||||||
23 | prescription is filled. | ||||||
24 | (I) The payment type used to purchase the | ||||||
25 | controlled substance (i.e. Medicaid, cash, third party |
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1 | insurance). | ||||||
2 | (J) The patient location code (i.e. home, nursing | ||||||
3 | home, outpatient, etc.) for the controlled substances | ||||||
4 | other than those filled at a retail pharmacy. | ||||||
5 | (K) Any additional information that may be | ||||||
6 | required by the department by administrative rule, | ||||||
7 | including but not limited to information required for | ||||||
8 | compliance with the criteria for electronic reporting | ||||||
9 | of the American Society for Automation and Pharmacy or | ||||||
10 | its successor. | ||||||
11 | (2) The information required to be transmitted under | ||||||
12 | this Section must be
transmitted not later than the end of | ||||||
13 | the next business day after the date on which a
controlled | ||||||
14 | substance is dispensed, or at such other time as may be | ||||||
15 | required by the Department by administrative rule.
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16 | (3) A dispenser must transmit the information required | ||||||
17 | under this Section
by:
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18 | (A) an electronic device compatible with the | ||||||
19 | receiving device of the
central repository;
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20 | (B) a computer diskette;
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21 | (C) a magnetic tape; or
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22 | (D) a pharmacy universal claim form or Pharmacy | ||||||
23 | Inventory Control form.
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24 | (3.5) The requirements of paragraphs (1), (2), and (3)
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25 | of this subsection also apply to opioid treatment programs | ||||||
26 | that are
licensed or certified by the Department of Human |
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1 | Services's
Division of Substance Use Prevention and | ||||||
2 | Recovery and are
authorized by the federal Drug | ||||||
3 | Enforcement Administration to
prescribe Schedule II, III, | ||||||
4 | IV, or V controlled substances for
the treatment of opioid | ||||||
5 | use disorders. Opioid treatment
programs shall attempt to | ||||||
6 | obtain written patient consent, shall document attempts to | ||||||
7 | obtain the written consent, and shall not transmit | ||||||
8 | information without patient
consent. Documentation | ||||||
9 | obtained under this paragraph shall not be utilized for | ||||||
10 | law
enforcement purposes, as proscribed under 42 CFR 2,
as | ||||||
11 | amended by 42 U.S.C. 290dd-2. Treatment of a patient
shall | ||||||
12 | not be conditioned upon his or her written consent. | ||||||
13 | (4) The Department may impose a civil fine of up to | ||||||
14 | $100 per day for willful failure to report controlled | ||||||
15 | substance dispensing to the Prescription Monitoring | ||||||
16 | Program. The fine shall be calculated on no more than the | ||||||
17 | number of days from the time the report was required to be | ||||||
18 | made until the time the problem was resolved, and shall be | ||||||
19 | payable to the Prescription Monitoring Program.
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20 | (a-5) Notwithstanding subsection (a), a licensed | ||||||
21 | veterinarian is exempt from the reporting requirements of this | ||||||
22 | Section. If a person who is presenting an animal for treatment | ||||||
23 | is suspected of fraudulently obtaining any controlled | ||||||
24 | substance or prescription for a controlled substance, the | ||||||
25 | licensed veterinarian shall report that information to the | ||||||
26 | local law enforcement agency. |
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1 | (b) The Department, by rule, may include in the | ||||||
2 | Prescription Monitoring Program certain other select drugs | ||||||
3 | that are not included in Schedule II, III, IV, or V. The | ||||||
4 | Prescription Monitoring Program does not apply to
controlled | ||||||
5 | substance prescriptions as exempted under Section
313.
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6 | (c) The collection of data on select drugs and scheduled | ||||||
7 | substances by the Prescription Monitoring Program may be used | ||||||
8 | as a tool for addressing oversight requirements of long-term | ||||||
9 | care institutions as set forth by Public Act 96-1372. | ||||||
10 | Long-term care pharmacies shall transmit patient medication | ||||||
11 | profiles to the Prescription Monitoring Program monthly or | ||||||
12 | more frequently as established by administrative rule. | ||||||
13 | (d) The Department of Human Services shall appoint a | ||||||
14 | full-time Clinical Director of the Prescription Monitoring | ||||||
15 | Program. | ||||||
16 | (e) (Blank). | ||||||
17 | (f) Within one year of January 1, 2018 (the effective date | ||||||
18 | of Public Act 100-564), the Department shall adopt rules | ||||||
19 | requiring all Electronic Health Records Systems to interface | ||||||
20 | with the Prescription Monitoring Program application program | ||||||
21 | on or before January 1, 2021 to ensure that all providers have | ||||||
22 | access to specific patient records during the treatment of | ||||||
23 | their patients. These rules shall also address the electronic | ||||||
24 | integration of pharmacy records with the Prescription | ||||||
25 | Monitoring Program to allow for faster transmission of the | ||||||
26 | information required under this Section. The Department shall |
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1 | establish actions to be taken if a prescriber's Electronic | ||||||
2 | Health Records System does not effectively interface with the | ||||||
3 | Prescription Monitoring Program within the required timeline. | ||||||
4 | (g) The Department, in consultation with the Prescription | ||||||
5 | Monitoring Program Advisory Committee, shall adopt rules | ||||||
6 | allowing licensed prescribers or pharmacists who have | ||||||
7 | registered to access the Prescription Monitoring Program to | ||||||
8 | authorize a licensed or non-licensed designee employed in that | ||||||
9 | licensed prescriber's office or a licensed designee in a | ||||||
10 | licensed pharmacist's pharmacy who has received training in | ||||||
11 | the federal Health Insurance Portability and Accountability | ||||||
12 | Act and 42 CFR 2 to consult the Prescription Monitoring | ||||||
13 | Program on their behalf. The rules shall include reasonable | ||||||
14 | parameters concerning a practitioner's authority to authorize | ||||||
15 | a designee, and the eligibility of a person to be selected as a | ||||||
16 | designee. In this subsection (g), "pharmacist" shall include a | ||||||
17 | clinical pharmacist employed by and designated by a Medicaid | ||||||
18 | Managed Care Organization providing services under Article V | ||||||
19 | of the Illinois Public Aid Code under a contract with the | ||||||
20 | Department of Healthcare and Family Services for the sole | ||||||
21 | purpose of clinical review of services provided to persons | ||||||
22 | covered by the entity under the contract to determine | ||||||
23 | compliance with subsections (a) and (b) of Section 314.5 of | ||||||
24 | this Act. A managed care entity pharmacist shall notify | ||||||
25 | prescribers of review activities. | ||||||
26 | (Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18; |
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1 | 100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff. | ||||||
2 | 7-12-19; 101-414, eff. 8-16-19.)
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