Bill Text: IL HB4650 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the Illinois Controlled Substance Act. In a provision allowing pharmacists to authorize a designee to consult the Prescription Monitoring Program on their behalf, defines "pharmacist" to include, but be not limited to, a pharmacist associated with a health maintenance organization or a Medicaid managed care entity providing services under the Illinois Public Aid Code. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Passed) 2018-08-21 - Public Act . . . . . . . . . 100-1005 [HB4650 Detail]

Download: Illinois-2017-HB4650-Chaptered.html

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Public Act 100-1005
HB4650 Enrolled LRB100 17477 SLF 32646 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Controlled Substances Act is
amended by changing Section 316 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.
(C) The national drug code number of the controlled
substance dispensed.
(D) 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
the next business day after the date 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 the information required
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;
(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.
(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 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) Within one year of the effective date of this
amendatory Act of the 100th General Assembly, 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 Advisory
Committee, shall adopt rules allowing licensed prescribers or
pharmacists who have registered to access the Prescription
Monitoring Program to authorize a designee 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 Managed
Care Organization providing services under Article V of the

Illinois Public Aid Code under a contract with the Department
of Health 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. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.