Bill Text: IL HB5794 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Controlled Substances Act. Provides that the Department of Financial and Professional Regulation (instead of the Department of Human Services) must provide for a Prescription Monitoring Program for Schedule II, III, IV, and V controlled substances. Makes conforming and related changes. Provides that within one year after the effective date of the amendatory Act (instead of within one year of January 1, 2018) the Department of Financial and Professional Regulation (instead of the Department of Human Services) shall adopt rules requiring all Electronic Health Records Systems to interface with the Prescription Monitoring Program application program on or before January 1, 2022 (instead of January 1, 2021) to ensure that all providers have access to specific patient records during the treatment of their patients. Contains provisions concerning the transfer of rulemaking authority to the Department of Financial and Professional Regulation from the Department of Human Services. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-22 - Referred to Rules Committee [HB5794 Detail]

Download: Illinois-2019-HB5794-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5794 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED:
720 ILCS 570/102 from Ch. 56 1/2, par. 1102
720 ILCS 570/203 from Ch. 56 1/2, par. 1203
720 ILCS 570/205 from Ch. 56 1/2, par. 1205
720 ILCS 570/207 from Ch. 56 1/2, par. 1207
720 ILCS 570/209 from Ch. 56 1/2, par. 1209
720 ILCS 570/211 from Ch. 56 1/2, par. 1211
720 ILCS 570/316
720 ILCS 570/317
720 ILCS 570/318
720 ILCS 570/320
720 ILCS 570/507.2
Amends the Illinois Controlled Substances Act. Provides that the Department of Financial and Professional Regulation (instead of the Department of Human Services) must provide for a Prescription Monitoring Program for Schedule II, III, IV, and V controlled substances. Makes conforming and related changes. Provides that within one year after the effective date of the amendatory Act (instead of within one year of January 1, 2018) the Department of Financial and Professional Regulation (instead of the Department of Human Services) shall adopt rules requiring all Electronic Health Records Systems to interface with the Prescription Monitoring Program application program on or before January 1, 2022 (instead of January 1, 2021) to ensure that all providers have access to specific patient records during the treatment of their patients. Contains provisions concerning the transfer of rulemaking authority to the Department of Financial and Professional Regulation from the Department of Human Services. Effective immediately.
LRB101 21383 CPF 72011 b
A BILL FOR
HB5794 LRB101 21383 CPF 72011 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 Sections 102, 203, 205, 207, 208, 209, 211,
316, 317, 318, 320, and 507.2 as follows:
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Addict" means any person who habitually uses any drug,
chemical, substance or dangerous drug other than alcohol so as
to endanger the public morals, health, safety or welfare or who
is so far addicted to the use of a dangerous drug or controlled
substance other than alcohol as to have lost the power of self
control with reference to his or her addiction.
(b) "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient,
research subject, or animal (as defined by the Humane
Euthanasia in Animal Shelters Act) by:
(1) a practitioner (or, in his or her presence, by his
or her authorized agent),
(2) the patient or research subject pursuant to an

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order, or
(3) a euthanasia technician as defined by the Humane
Euthanasia in Animal Shelters Act.
(c) "Agent" means an authorized person who acts on behalf
of or at the direction of a manufacturer, distributor,
dispenser, prescriber, or practitioner. It does not include a
common or contract carrier, public warehouseman or employee of
the carrier or warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins,
corticosteroids, and dehydroepiandrosterone), and includes:
(i) 3[beta],17-dihydroxy-5a-androstane,
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
(iii) 5[alpha]-androstan-3,17-dione,
(iv) 1-androstenediol (3[beta],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(v) 1-androstenediol (3[alpha],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(vi) 4-androstenediol
(3[beta],17[beta]-dihydroxy-androst-4-ene),
(vii) 5-androstenediol
(3[beta],17[beta]-dihydroxy-androst-5-ene),
(viii) 1-androstenedione
([5alpha]-androst-1-en-3,17-dione),
(ix) 4-androstenedione

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(androst-4-en-3,17-dione),
(x) 5-androstenedione
(androst-5-en-3,17-dione),
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xii) boldenone (17[beta]-hydroxyandrost-
1,4,-diene-3-one),
(xiii) boldione (androsta-1,4-
diene-3,17-dione),
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
[beta]-hydroxyandrost-4-en-3-one),
(xv) clostebol (4-chloro-17[beta]-
hydroxyandrost-4-en-3-one),
(xvi) dehydrochloromethyltestosterone (4-chloro-
17[beta]-hydroxy-17[alpha]-methyl-
androst-1,4-dien-3-one),
(xvii) desoxymethyltestosterone
(17[alpha]-methyl-5[alpha]
-androst-2-en-17[beta]-ol)(a.k.a., madol),
(xviii) [delta]1-dihydrotestosterone (a.k.a.
'1-testosterone') (17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
androstan-3-one),
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
5[alpha]-androstan-3-one),

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(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-ene),
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
17[beta]-dihydroxyandrost-1,4-dien-3-one),
(xxiv) furazabol (17[alpha]-methyl-17[beta]-
hydroxyandrostano[2,3-c]-furazan),
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
androst-4-en-3-one),
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
dihydroxy-estr-4-en-3-one),
(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
hydroxy-5-androstan-3-one),
(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
[5a]-androstan-3-one),
(xxx) methandienone (17[alpha]-methyl-17[beta]-
hydroxyandrost-1,4-dien-3-one),
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-5-ene),
(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
dihydroxy-5a-androstane,
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy

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-5a-androstane,
(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-4-ene),
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9(10)-dien-3-one),
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9-11-trien-3-one),
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
hydroxyestr-4-en-3-one),
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
1-testosterone'),
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
dihydroxyestr-4-ene),
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-4-ene),
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
dihydroxyestr-5-ene),
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-5-ene),

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(xlvii) 19-nor-4,9(10)-androstadienedione
(estra-4,9(10)-diene-3,17-dione),
(xlviii) 19-nor-4-androstenedione (estr-4-
en-3,17-dione),
(xlix) 19-nor-5-androstenedione (estr-5-
en-3,17-dione),
(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
hydroxygon-4-en-3-one),
(li) norclostebol (4-chloro-17[beta]-
hydroxyestr-4-en-3-one),
(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-en-3-one),
(liii) normethandrolone (17[alpha]-methyl-17[beta]-
hydroxyestr-4-en-3-one),
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
2-oxa-5[alpha]-androstan-3-one),
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
dihydroxyandrost-4-en-3-one),
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
17[beta]-hydroxy-(5[alpha]-androstan-3-one),
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
(5[alpha]-androst-1-en-3-one),
(lix) testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic

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acid lactone),
(lx) testosterone (17[beta]-hydroxyandrost-
4-en-3-one),
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
diethyl-17[beta]-hydroxygon-
4,9,11-trien-3-one),
(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
11-trien-3-one).
Any person who is otherwise lawfully in possession of an
anabolic steroid, or who otherwise lawfully manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver an anabolic steroid, which anabolic steroid is
expressly intended for and lawfully allowed to be administered
through implants to livestock or other nonhuman species, and
which is approved by the Secretary of Health and Human Services
for such administration, and which the person intends to
administer or have administered through such implants, shall
not be considered to be in unauthorized possession or to
unlawfully manufacture, distribute, dispense, deliver, or
possess with intent to deliver such anabolic steroid for
purposes of this Act.
(d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
(d-5) "Clinical Director, Prescription Monitoring Program"
means a Department of Financial and Professional Regulation

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Human Services administrative employee licensed to either
prescribe or dispense controlled substances who shall run the
clinical aspects of the Department of Financial and
Professional Regulation Human Services Prescription Monitoring
Program and the its Prescription Information Library.
(d-10) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug
orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if both of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule whether by transfer from
another Schedule or otherwise.
(f) "Controlled Substance" means (i) a drug, substance,
immediate precursor, or synthetic drug in the Schedules of

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Article II of this Act or (ii) a drug or other substance, or
immediate precursor, designated as a controlled substance by
the Department through administrative rule. The term does not
include distilled spirits, wine, malt beverages, or tobacco, as
those terms are defined or used in the Liquor Control Act of
1934 and the Tobacco Products Tax Act of 1995.
(f-5) "Controlled substance analog" means a substance:
(1) the chemical structure of which is substantially
similar to the chemical structure of a controlled substance
in Schedule I or II;
(2) which has a stimulant, depressant, or
hallucinogenic effect on the central nervous system that is
substantially similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the central
nervous system of a controlled substance in Schedule I or
II; or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the central
nervous system that is substantially similar to or greater
than the stimulant, depressant, or hallucinogenic effect
on the central nervous system of a controlled substance in
Schedule I or II.
(g) "Counterfeit substance" means a controlled substance,
which, or the container or labeling of which, without
authorization bears the trademark, trade name, or other

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identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other
than the person who in fact manufactured, distributed, or
dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession of a controlled substance,
with or without consideration, whether or not there is an
agency relationship.
(i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
(j) (Blank).
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
(l) "Department of Financial and Professional Regulation"
means the Department of Financial and Professional Regulation
of the State of Illinois or its successor agency.
(m) "Depressant" means any drug that (i) causes an overall
depression of central nervous system functions, (ii) causes
impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including
but not limited to alcohol, cannabis and its active principles
and their analogs, benzodiazepines and their analogs,
barbiturates and their analogs, opioids (natural and
synthetic) and their analogs, and chloral hydrate and similar
sedative hypnotics.

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(n) (Blank).
(o) "Director" means the Director of the Illinois State
Police or his or her designated agents.
(p) "Dispense" means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the
lawful order of a prescriber, including the prescribing,
administering, packaging, labeling, or compounding necessary
to prepare the substance for that delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in the
official United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them; (2) substances
intended for use in diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (3) substances (other
than food) intended to affect the structure of any function of
the body of man or animals and (4) substances intended for use
as a component of any article specified in clause (1), (2), or
(3) of this subsection. It does not include devices or their
components, parts, or accessories.
(t-3) "Electronic health record" or "EHR" means an
electronic record of health-related information on an
individual that is created, gathered, managed, and consulted by

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authorized health care clinicians and staff.
(t-4) "Emergency medical services personnel" has the
meaning ascribed to it in the Emergency Medical Services (EMS)
Systems Act.
(t-5) "Euthanasia agency" means an entity certified by the
Department of Financial and Professional Regulation for the
purpose of animal euthanasia that holds an animal control
facility license or animal shelter license under the Animal
Welfare Act. A euthanasia agency is authorized to purchase,
store, possess, and utilize Schedule II nonnarcotic and
Schedule III nonnarcotic drugs for the sole purpose of animal
euthanasia.
(t-10) "Euthanasia drugs" means Schedule II or Schedule III
substances (nonnarcotic controlled substances) that are used
by a euthanasia agency for the purpose of animal euthanasia.
(u) "Good faith" means the prescribing or dispensing of a
controlled substance by a practitioner in the regular course of
professional treatment to or for any person who is under his or
her treatment for a pathology or condition other than that
individual's physical or psychological dependence upon or
addiction to a controlled substance, except as provided herein:
and application of the term to a pharmacist shall mean the
dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the
pharmacist is lawful. The pharmacist shall be guided by
accepted professional standards including, but not limited to

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the following, in making the judgment:
(1) lack of consistency of prescriber-patient
relationship,
(2) frequency of prescriptions for same drug by one
prescriber for large numbers of patients,
(3) quantities beyond those normally prescribed,
(4) unusual dosages (recognizing that there may be
clinical circumstances where more or less than the usual
dose may be used legitimately),
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(u-0.5) "Hallucinogen" means a drug that causes markedly
altered sensory perception leading to hallucinations of any
type.
(u-1) "Home infusion services" means services provided by a
pharmacy in compounding solutions for direct administration to
a patient in a private residence, long-term care facility, or
hospice setting by means of parenteral, intravenous,
intramuscular, subcutaneous, or intraspinal infusion.
(u-5) "Illinois State Police" means the State Police of the
State of Illinois, or its successor agency.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by rule
designated as being a principal compound used, or produced
primarily for use, in the manufacture of a controlled

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substance;
(2) which is an immediate chemical intermediary used or
likely to be used in the manufacture of such controlled
substance; and
(3) the control of which is necessary to prevent,
curtail or limit the manufacture of such controlled
substance.
(w) "Instructional activities" means the acts of teaching,
educating or instructing by practitioners using controlled
substances within educational facilities approved by the State
Board of Education or its successor agency.
(x) "Local authorities" means a duly organized State,
County or Municipal peace unit or police force.
(y) "Look-alike substance" means a substance, other than a
controlled substance which (1) by overall dosage unit
appearance, including shape, color, size, markings or lack
thereof, taste, consistency, or any other identifying physical
characteristic of the substance, would lead a reasonable person
to believe that the substance is a controlled substance, or (2)
is expressly or impliedly represented to be a controlled
substance or is distributed under circumstances which would
lead a reasonable person to believe that the substance is a
controlled substance. For the purpose of determining whether
the representations made or the circumstances of the
distribution would lead a reasonable person to believe the
substance to be a controlled substance under this clause (2) of

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subsection (y), the court or other authority may consider the
following factors in addition to any other factor that may be
relevant:
(a) statements made by the owner or person in control
of the substance concerning its nature, use or effect;
(b) statements made to the buyer or recipient that the
substance may be resold for profit;
(c) whether the substance is packaged in a manner
normally used for the illegal distribution of controlled
substances;
(d) whether the distribution or attempted distribution
included an exchange of or demand for money or other
property as consideration, and whether the amount of the
consideration was substantially greater than the
reasonable retail market value of the substance.
Clause (1) of this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that was
initially introduced into commerce prior to the initial
introduction into commerce of a controlled substance in its
finished dosage form which it may substantially resemble.
Nothing in this subsection (y) prohibits the dispensing or
distributing of noncontrolled substances by persons authorized
to dispense and distribute controlled substances under this
Act, provided that such action would be deemed to be carried
out in good faith under subsection (u) if the substances
involved were controlled substances.

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Nothing in this subsection (y) or in this Act prohibits the
manufacture, preparation, propagation, compounding,
processing, packaging, advertising or distribution of a drug or
drugs by any person registered pursuant to Section 510 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
(y-1) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States that delivers,
dispenses or distributes, through the United States Postal
Service or other common carrier, to Illinois residents, any
substance which requires a prescription.
(z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance other than methamphetamine, either
directly or indirectly, by extraction from substances of
natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the
substance or labeling of its container, except that this term
does not include:
(1) by an ultimate user, the preparation or compounding
of a controlled substance for his or her own use; or
(2) by a practitioner, or his or her authorized agent
under his or her supervision, the preparation,
compounding, packaging, or labeling of a controlled
substance:
(a) as an incident to his or her administering or

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dispensing of a controlled substance in the course of
his or her professional practice; or
(b) as an incident to lawful research, teaching or
chemical analysis and not for sale.
(z-1) (Blank).
(z-5) "Medication shopping" means the conduct prohibited
under subsection (a) of Section 314.5 of this Act.
(z-10) "Mid-level practitioner" means (i) a physician
assistant who has been delegated authority to prescribe through
a written delegation of authority by a physician licensed to
practice medicine in all of its branches, in accordance with
Section 7.5 of the Physician Assistant Practice Act of 1987,
(ii) an advanced practice registered nurse who has been
delegated authority to prescribe through a written delegation
of authority by a physician licensed to practice medicine in
all of its branches or by a podiatric physician, in accordance
with Section 65-40 of the Nurse Practice Act, (iii) an advanced
practice registered nurse certified as a nurse practitioner,
nurse midwife, or clinical nurse specialist who has been
granted authority to prescribe by a hospital affiliate in
accordance with Section 65-45 of the Nurse Practice Act, (iv)
an animal euthanasia agency, or (v) a prescribing psychologist.
(aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical

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synthesis:
(1) opium, opiates, derivatives of opium and opiates,
including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of
such isomers, esters, ethers, and salts is possible within
the specific chemical designation; however the term
"narcotic drug" does not include the isoquinoline
alkaloids of opium;
(2) (blank);
(3) opium poppy and poppy straw;
(4) coca leaves, except coca leaves and extracts of
coca leaves from which substantially all of the cocaine and
ecgonine, and their isomers, derivatives and salts, have
been removed;
(5) cocaine, its salts, optical and geometric isomers,
and salts of isomers;
(6) ecgonine, its derivatives, their salts, isomers,
and salts of isomers;
(7) any compound, mixture, or preparation which
contains any quantity of any of the substances referred to
in subparagraphs (1) through (6).
(bb) "Nurse" means a registered nurse licensed under the
Nurse Practice Act.
(cc) (Blank).
(dd) "Opiate" means any substance having an addiction
forming or addiction sustaining liability similar to morphine

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or being capable of conversion into a drug having addiction
forming or addiction sustaining liability.
(ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
solution or other liquid form of medication intended for
administration by mouth, but the term does not include a form
of medication intended for buccal, sublingual, or transmucosal
administration.
(ff) "Parole and Pardon Board" means the Parole and Pardon
Board of the State of Illinois or its successor agency.
(gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision or
agency, business trust, estate, trust, partnership or
association, or any other entity.
(hh) "Pharmacist" means any person who holds a license or
certificate of registration as a registered pharmacist, a local
registered pharmacist or a registered assistant pharmacist
under the Pharmacy Practice Act.
(ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the Pharmacy
Practice Act.
(ii-5) "Pharmacy shopping" means the conduct prohibited
under subsection (b) of Section 314.5 of this Act.
(ii-10) "Physician" (except when the context otherwise
requires) means a person licensed to practice medicine in all

HB5794 - 20 - LRB101 21383 CPF 72011 b
of its branches.
(jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(kk) "Practitioner" means a physician licensed to practice
medicine in all its branches, dentist, optometrist, podiatric
physician, veterinarian, scientific investigator, pharmacist,
physician assistant, advanced practice registered nurse,
licensed practical nurse, registered nurse, emergency medical
services personnel, hospital, laboratory, or pharmacy, or
other person licensed, registered, or otherwise lawfully
permitted by the United States or this State to distribute,
dispense, conduct research with respect to, administer or use
in teaching or chemical analysis, a controlled substance in the
course of professional practice or research.
(ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been indicated
prior to the time of issuance; the term does not mean a written
prescription that is individually generated by machine or
computer in the prescriber's office.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, optometrist,
prescribing psychologist licensed under Section 4.2 of the
Clinical Psychologist Licensing Act with prescriptive
authority delegated under Section 4.3 of the Clinical
Psychologist Licensing Act, podiatric physician, or
veterinarian who issues a prescription, a physician assistant

HB5794 - 21 - LRB101 21383 CPF 72011 b
who issues a prescription for a controlled substance in
accordance with Section 303.05, a written delegation, and a
written collaborative agreement required under Section 7.5 of
the Physician Assistant Practice Act of 1987, an advanced
practice registered nurse with prescriptive authority
delegated under Section 65-40 of the Nurse Practice Act and in
accordance with Section 303.05, a written delegation, and a
written collaborative agreement under Section 65-35 of the
Nurse Practice Act, an advanced practice registered nurse
certified as a nurse practitioner, nurse midwife, or clinical
nurse specialist who has been granted authority to prescribe by
a hospital affiliate in accordance with Section 65-45 of the
Nurse Practice Act and in accordance with Section 303.05, or an
advanced practice registered nurse certified as a nurse
practitioner, nurse midwife, or clinical nurse specialist who
has full practice authority pursuant to Section 65-43 of the
Nurse Practice Act.
(nn) "Prescription" means a written, facsimile, or oral
order, or an electronic order that complies with applicable
federal requirements, of a physician licensed to practice
medicine in all its branches, dentist, podiatric physician or
veterinarian for any controlled substance, of an optometrist in
accordance with Section 15.1 of the Illinois Optometric
Practice Act of 1987, of a prescribing psychologist licensed
under Section 4.2 of the Clinical Psychologist Licensing Act
with prescriptive authority delegated under Section 4.3 of the

HB5794 - 22 - LRB101 21383 CPF 72011 b
Clinical Psychologist Licensing Act, of a physician assistant
for a controlled substance in accordance with Section 303.05, a
written delegation, and a written collaborative agreement
required under Section 7.5 of the Physician Assistant Practice
Act of 1987, of an advanced practice registered nurse with
prescriptive authority delegated under Section 65-40 of the
Nurse Practice Act who issues a prescription for a controlled
substance in accordance with Section 303.05, a written
delegation, and a written collaborative agreement under
Section 65-35 of the Nurse Practice Act, of an advanced
practice registered nurse certified as a nurse practitioner,
nurse midwife, or clinical nurse specialist who has been
granted authority to prescribe by a hospital affiliate in
accordance with Section 65-45 of the Nurse Practice Act and in
accordance with Section 303.05 when required by law, or of an
advanced practice registered nurse certified as a nurse
practitioner, nurse midwife, or clinical nurse specialist who
has full practice authority pursuant to Section 65-43 of the
Nurse Practice Act.
(nn-5) "Prescription Information Library" (PIL) means an
electronic library that contains reported controlled substance
data.
(nn-10) "Prescription Monitoring Program" (PMP) means the
entity that collects, tracks, and stores reported data on
controlled substances and select drugs pursuant to Section 316.
(oo) "Production" or "produce" means manufacture,

HB5794 - 23 - LRB101 21383 CPF 72011 b
planting, cultivating, growing, or harvesting of a controlled
substance other than methamphetamine.
(pp) "Registrant" means every person who is required to
register under Section 302 of this Act.
(qq) "Registry number" means the number assigned to each
person authorized to handle controlled substances under the
laws of the United States and of this State.
(qq-5) "Secretary" means, as the context requires, either
the Secretary of the Department or the Secretary of the
Department of Financial and Professional Regulation, and the
Secretary's designated agents.
(rr) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United
States of America.
(rr-5) "Stimulant" means any drug that (i) causes an
overall excitation of central nervous system functions, (ii)
causes impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including
but not limited to amphetamines and their analogs,
methylphenidate and its analogs, cocaine, and phencyclidine
and its analogs.
(rr-10) "Synthetic drug" includes, but is not limited to,
any synthetic cannabinoids or piperazines or any synthetic
cathinones as provided for in Schedule I.
(ss) "Ultimate user" means a person who lawfully possesses

HB5794 - 24 - LRB101 21383 CPF 72011 b
a controlled substance for his or her own use or for the use of
a member of his or her household or for administering to an
animal owned by him or her or by a member of his or her
household.
(Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15;
99-371, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff. 7-28-16;
100-280, eff. 1-1-18; 100-453, eff. 8-25-17; 100-513, eff.
1-1-18; 100-789, eff. 1-1-19; 100-863, eff. 8-14-18.)
(720 ILCS 570/203) (from Ch. 56 1/2, par. 1203)
Sec. 203. The Department, taking into consideration the
recommendations of the its Prescription Monitoring Program
Advisory Committee, may issue a rule scheduling a substance in
Schedule I if it finds that:
(1) the substance has high potential for abuse; and
(2) the substance has no currently accepted medical use
in treatment in the United States or lacks accepted safety
for use in treatment under medical supervision.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/205) (from Ch. 56 1/2, par. 1205)
Sec. 205. The Department, taking into consideration the
recommendations of the its Prescription Monitoring Program
Advisory Committee, may issue a rule scheduling a substance in
Schedule II if it finds that:
(1) the substance has high potential for abuse;

HB5794 - 25 - LRB101 21383 CPF 72011 b
(2) the substance has currently accepted medical use in
treatment in the United States, or currently accepted
medical use with severe restrictions; and
(3) the abuse of the substance may lead to severe
psychological or physiological dependence.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/207) (from Ch. 56 1/2, par. 1207)
Sec. 207. The Department, taking into consideration the
recommendations of the its Prescription Monitoring Program
Advisory Committee, may issue a rule scheduling a substance in
Schedule III if it finds that:
(1) the substance has a potential for abuse less than
the substances listed in Schedule I and II;
(2) the substance has currently accepted medical use in
treatment in the United States; and
(3) abuse of the substance may lead to moderate or low
physiological dependence or high psychological dependence.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/209) (from Ch. 56 1/2, par. 1209)
Sec. 209. The Department, taking into consideration the
recommendations of the its Prescription Monitoring Program
Advisory Committee, may issue a rule scheduling a substance in
Schedule IV if it finds that:
(1) the substance has a low potential for abuse

HB5794 - 26 - LRB101 21383 CPF 72011 b
relative to substances in Schedule III;
(2) the substance has currently accepted medical use in
treatment in the United States; and
(3) abuse of the substance may lead to limited
physiological dependence or psychological dependence
relative to the substances in Schedule III.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/211) (from Ch. 56 1/2, par. 1211)
Sec. 211. The Department, taking into consideration the
recommendations of the its Prescription Monitoring Program
Advisory Committee, may issue a rule scheduling a substance in
Schedule V if it finds that:
(1) the substance has low potential for abuse relative
to the controlled substances listed in Schedule IV;
(2) the substance has currently accepted medical use in
treatment in the United States; and
(3) abuse of the substance may lead to limited
physiological dependence or psychological dependence
relative to the substances in Schedule IV, or the substance
is a targeted methamphetamine precursor as defined in the
Methamphetamine Precursor Control Act.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/316)
Sec. 316. Prescription Monitoring Program.

HB5794 - 27 - LRB101 21383 CPF 72011 b
(a) The Department of Financial and Professional
Regulation 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 of Financial and Professional Regulation, 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

HB5794 - 28 - LRB101 21383 CPF 72011 b
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 of Financial and
Professional Regulation 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 of Financial and Professional
Regulation 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 of Financial and Professional
Regulation may impose a civil fine of up to $100 per day
for willful failure to report controlled substance

HB5794 - 29 - LRB101 21383 CPF 72011 b
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 of Financial and Professional
Regulation, 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 Financial and Professional

HB5794 - 30 - LRB101 21383 CPF 72011 b
Regulation Human Services shall appoint a full-time Clinical
Director of the Prescription Monitoring Program.
(e) (Blank).
(f) Within one year after the effective date of this
amendatory Act of the 101st General Assembly of January 1, 2018
(the effective date of Public Act 100-564), the Department of
Financial and Professional Regulation shall adopt rules
requiring all Electronic Health Records Systems to interface
with the Prescription Monitoring Program application program
on or before January 1, 2022 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 of Financial and Professional Regulation 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 of Financial and Professional
Regulation, 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 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

HB5794 - 31 - LRB101 21383 CPF 72011 b
federal Health Insurance Portability and Accountability Act 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 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. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18;
100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff.
7-12-19; 101-414, eff. 8-16-19.)
(720 ILCS 570/317)
Sec. 317. Central repository for collection of
information.
(a) The Department of Financial and Professional
Regulation must designate a central repository for the
collection of information transmitted under Section 316 and
former Section 321.

HB5794 - 32 - LRB101 21383 CPF 72011 b
(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 of Financial and
Professional Regulation, 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.
(D) 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.

HB5794 - 33 - LRB101 21383 CPF 72011 b
(2) Provide the Department of Financial and
Professional Regulation 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
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.)
(720 ILCS 570/318)
Sec. 318. Confidentiality of information.
(a) Information received by the central repository under
Section 316 and former Section 321 is confidential.
(a-1) To ensure the federal Health Insurance Portability
and Accountability Act privacy of an individual's prescription
data reported to the Prescription Monitoring Program received
from a retail dispenser under this Act, and in order to execute
the duties and responsibilities under Section 316 of this Act

HB5794 - 34 - LRB101 21383 CPF 72011 b
and rules for disclosure under this Section, the Clinical
Director of the Prescription Monitoring Program or his or her
designee shall maintain direct access to all Prescription
Monitoring Program data. Any request for Prescription
Monitoring Program data from any other department or agency
must be approved in writing by the Clinical Director of the
Prescription Monitoring Program or his or her designee unless
otherwise permitted by law. Prescription Monitoring Program
data shall only be disclosed as permitted by law.
(a-2) As an active step to address the current opioid
crisis in this State and to prevent and reduce addiction
resulting from a sports injury or an accident, the Prescription
Monitoring Program and the Department of Public Health shall
coordinate a continuous review of the Prescription Monitoring
Program and the Department of Public Health data to determine
if a patient may be at risk of opioid addiction. Each patient
discharged from any medical facility with an International
Classification of Disease, 10th edition code related to a sport
or accident injury shall be subject to the data review. If the
discharged patient is dispensed a controlled substance, the
Prescription Monitoring Program shall alert the patient's
prescriber as to the addiction risk and urge each to follow the
Centers for Disease Control and Prevention guidelines or his or
her respective profession's treatment guidelines related to
the patient's injury. This subsection (a-2), other than this
sentence, is inoperative on or after January 1, 2024.

HB5794 - 35 - LRB101 21383 CPF 72011 b
(b) The Department of Financial and Professional
Regulation must carry out a program to protect the
confidentiality of the information described in subsection
(a). The Department of Financial and Professional Regulation
may disclose the information to another person only under
subsection (c), (d), or (f) and may charge a fee not to exceed
the actual cost of furnishing the information.
(c) The Department of Financial and Professional
Regulation may disclose confidential information described in
subsection (a) to any person who is engaged in receiving,
processing, or storing the information.
(d) The Department of Financial and Professional
Regulation may release confidential information described in
subsection (a) to the following persons:
(1) A governing body that licenses practitioners and is
engaged in an investigation, an adjudication, or a
prosecution of a violation under any State or federal law
that involves a controlled substance.
(2) An investigator for the Consumer Protection
Division of the office of the Attorney General, a
prosecuting attorney, the Attorney General, a deputy
Attorney General, or an investigator from the office of the
Attorney General, who is engaged in any of the following
activities involving controlled substances:
(A) an investigation;
(B) an adjudication; or

HB5794 - 36 - LRB101 21383 CPF 72011 b
(C) a prosecution of a violation under any State or
federal law that involves a controlled substance.
(3) A law enforcement officer who is:
(A) authorized by the Illinois State Police or the
office of a county sheriff or State's Attorney or
municipal police department of Illinois to receive
information of the type requested for the purpose of
investigations involving controlled substances; or
(B) approved by the Department of Financial and
Professional Regulation to receive information of the
type requested for the purpose of investigations
involving controlled substances; and
(C) engaged in the investigation or prosecution of
a violation under any State or federal law that
involves a controlled substance.
(4) Select representatives of the Department of
Children and Family Services through the indirect online
request process. Access shall be established by an
intergovernmental agreement between the Department of
Children and Family Services and the Department of
Financial and Professional Regulation Human Services.
(e) Before the Department of Financial and Professional
Regulation releases confidential information under subsection
(d), the applicant must demonstrate in writing to the
Department of Financial and Professional Regulation that:
(1) the applicant has reason to believe that a

HB5794 - 37 - LRB101 21383 CPF 72011 b
violation under any State or federal law that involves a
controlled substance has occurred; and
(2) the requested information is reasonably related to
the investigation, adjudication, or prosecution of the
violation described in subdivision (1).
(f) The Department of Financial and Professional
Regulation may receive and release prescription record
information under Section 316 and former Section 321 to:
(1) a governing body that licenses practitioners;
(2) an investigator for the Consumer Protection
Division of the office of the Attorney General, a
prosecuting attorney, the Attorney General, a deputy
Attorney General, or an investigator from the office of the
Attorney General;
(3) any Illinois law enforcement officer who is:
(A) authorized to receive the type of information
released; and
(B) approved by the Department of Financial and
Professional Regulation to receive the type of
information released; or
(4) prescription monitoring entities in other states
per the provisions outlined in subsection (g) and (h)
below;
confidential prescription record information collected under
Sections 316 and 321 (now repealed) that identifies vendors or
practitioners, or both, who are prescribing or dispensing large

HB5794 - 38 - LRB101 21383 CPF 72011 b
quantities of Schedule II, III, IV, or V controlled substances
outside the scope of their practice, pharmacy, or business, as
determined by the Advisory Committee created by Section 320.
(g) The information described in subsection (f) may not be
released until it has been reviewed by an employee of the
Department of Financial and Professional Regulation who is
licensed as a prescriber or a dispenser and until that employee
has certified that further investigation is warranted.
However, failure to comply with this subsection (g) does not
invalidate the use of any evidence that is otherwise admissible
in a proceeding described in subsection (h).
(h) An investigator or a law enforcement officer receiving
confidential information under subsection (c), (d), or (f) may
disclose the information to a law enforcement officer or an
attorney for the office of the Attorney General for use as
evidence in the following:
(1) A proceeding under any State or federal law that
involves a controlled substance.
(2) A criminal proceeding or a proceeding in juvenile
court that involves a controlled substance.
(i) The Department of Financial and Professional
Regulation may compile statistical reports from the
information described in subsection (a). The reports must not
include information that identifies, by name, license or
address, any practitioner, dispenser, ultimate user, or other
person administering a controlled substance.

HB5794 - 39 - LRB101 21383 CPF 72011 b
(j) Based upon federal, initial and maintenance funding, a
prescriber and dispenser inquiry system shall be developed to
assist the health care community in its goal of effective
clinical practice and to prevent patients from diverting or
abusing medications.
(1) An inquirer shall have read-only access to a
stand-alone database which shall contain records for the
previous 12 months.
(2) Dispensers may, upon positive and secure
identification, make an inquiry on a patient or customer
solely for a medical purpose as delineated within the
federal HIPAA law.
(3) The Department of Financial and Professional
Regulation shall provide a one-to-one secure link and
encrypted software necessary to establish the link between
an inquirer and the Department of Financial and
Professional Regulation. Technical assistance shall also
be provided.
(4) Written inquiries are acceptable but must include
the fee and the requestor's Drug Enforcement
Administration license number and submitted upon the
requestor's business stationery.
(5) As directed by the Prescription Monitoring Program
Advisory Committee and the Clinical Director for the
Prescription Monitoring Program, aggregate data that does
not indicate any prescriber, practitioner, dispenser, or

HB5794 - 40 - LRB101 21383 CPF 72011 b
patient may be used for clinical studies.
(6) Tracking analysis shall be established and used per
administrative rule.
(7) Nothing in this Act or Illinois law shall be
construed to require a prescriber or dispenser to make use
of this inquiry system.
(8) If there is an adverse outcome because of a
prescriber or dispenser making an inquiry, which is
initiated in good faith, the prescriber or dispenser shall
be held harmless from any civil liability.
(k) The Department of Financial and Professional
Regulation shall establish, by rule, the process by which to
evaluate possible erroneous association of prescriptions to
any licensed prescriber or end user of the Illinois
Prescription Information Library (PIL).
(l) The Prescription Monitoring Program Advisory Committee
is authorized to evaluate the need for and method of
establishing a patient specific identifier.
(m) Patients who identify prescriptions attributed to them
that were not obtained by them shall be given access to their
personal prescription history pursuant to the validation
process as set forth by administrative rule.
(n) The Prescription Monitoring Program is authorized to
develop operational push reports to entities with compatible
electronic medical records. The process shall be covered within
administrative rule established by the Department of Financial

HB5794 - 41 - LRB101 21383 CPF 72011 b
and Professional Regulation.
(o) Hospital emergency departments and freestanding
healthcare facilities providing healthcare to walk-in patients
may obtain, for the purpose of improving patient care, a unique
identifier for each shift to utilize the PIL system.
(p) The Prescription Monitoring Program shall
automatically create a log-in to the inquiry system when a
prescriber or dispenser obtains or renews his or her controlled
substance license. The Department of Financial and
Professional Regulation must provide the Prescription
Monitoring Program with electronic access to the license
information of a prescriber or dispenser to facilitate the
creation of this profile. The Prescription Monitoring Program
shall send the prescriber or dispenser information regarding
the inquiry system, including instructions on how to log into
the system, instructions on how to use the system to promote
effective clinical practice, and opportunities for continuing
education for the prescribing of controlled substances. The
Prescription Monitoring Program shall also send to all enrolled
prescribers, dispensers, and designees information regarding
the unsolicited reports produced pursuant to Section 314.5 of
this Act.
(q) A prescriber or dispenser may authorize a designee to
consult the inquiry system established by the Department of
Financial and Professional Regulation under this subsection on
his or her behalf, provided that all the following conditions

HB5794 - 42 - LRB101 21383 CPF 72011 b
are met:
(1) the designee so authorized is employed by the same
hospital or health care system; is employed by the same
professional practice; or is under contract with such
practice, hospital, or health care system;
(2) the prescriber or dispenser takes reasonable steps
to ensure that such designee is sufficiently competent in
the use of the inquiry system;
(3) the prescriber or dispenser remains responsible
for ensuring that access to the inquiry system by the
designee is limited to authorized purposes and occurs in a
manner that protects the confidentiality of the
information obtained from the inquiry system, and remains
responsible for any breach of confidentiality; and
(4) the ultimate decision as to whether or not to
prescribe or dispense a controlled substance remains with
the prescriber or dispenser.
The Prescription Monitoring Program shall send to
registered designees information regarding the inquiry system,
including instructions on how to log onto the system.
(r) The Prescription Monitoring Program shall maintain an
Internet website in conjunction with its prescriber and
dispenser inquiry system. This website shall include, at a
minimum, the following information:
(1) current clinical guidelines developed by health
care professional organizations on the prescribing of

HB5794 - 43 - LRB101 21383 CPF 72011 b
opioids or other controlled substances as determined by the
Advisory Committee;
(2) accredited continuing education programs related
to prescribing of controlled substances;
(3) programs or information developed by health care
professionals that may be used to assess patients or help
ensure compliance with prescriptions;
(4) updates from the Food and Drug Administration, the
Centers for Disease Control and Prevention, and other
public and private organizations which are relevant to
prescribing;
(5) relevant medical studies related to prescribing;
(6) other information regarding the prescription of
controlled substances; and
(7) information regarding prescription drug disposal
events, including take-back programs or other disposal
options or events.
The content of the Internet website shall be periodically
reviewed by the Prescription Monitoring Program Advisory
Committee as set forth in Section 320 and updated in accordance
with the recommendation of the advisory committee.
(s) The Prescription Monitoring Program shall regularly
send electronic updates to the registered users of the Program.
The Prescription Monitoring Program Advisory Committee shall
review any communications sent to registered users and also
make recommendations for communications as set forth in Section

HB5794 - 44 - LRB101 21383 CPF 72011 b
320. These updates shall include the following information:
(1) opportunities for accredited continuing education
programs related to prescribing of controlled substances;
(2) current clinical guidelines developed by health
care professional organizations on the prescribing of
opioids or other drugs as determined by the Advisory
Committee;
(3) programs or information developed by health care
professionals that may be used to assess patients or help
ensure compliance with prescriptions;
(4) updates from the Food and Drug Administration, the
Centers for Disease Control and Prevention, and other
public and private organizations which are relevant to
prescribing;
(5) relevant medical studies related to prescribing;
(6) other information regarding prescribing of
controlled substances;
(7) information regarding prescription drug disposal
events, including take-back programs or other disposal
options or events; and
(8) reminders that the Prescription Monitoring Program
is a useful clinical tool.
(Source: P.A. 99-480, eff. 9-9-15; 100-125, eff. 1-1-18;
100-1093, eff. 8-26-18.)
(720 ILCS 570/320)

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Sec. 320. Advisory committee.
(a) There is created a Prescription Monitoring Program
Advisory Committee to assist the Department of Financial and
Professional Regulation Human Services in implementing the
Prescription Monitoring Program created by this Article and to
advise the Department Financial and Professional Regulation on
the professional performance of prescribers and dispensers and
other matters germane to the advisory committee's field of
competence.
(b) The Prescription Monitoring Program Advisory Committee
shall consist of 15 members appointed by the Clinical Director
of the Prescription Monitoring Program composed of prescribers
and dispensers licensed to practice medicine in his or her
respective profession as follows: one family or primary care
physician; one pain specialist physician; 4 other physicians,
one of whom may be an ophthalmologist; 2 advanced practice
registered nurses; one physician assistant; one optometrist;
one dentist; one clinical representative from a statewide
organization representing hospitals; and 3 pharmacists. The
Advisory Committee members serving on August 26, 2018 (the
effective date of Public Act 100-1093) shall continue to serve
until January 1, 2019. Prescriber and dispenser nominations for
membership on the Committee shall be submitted by their
respective professional associations. If there are more
nominees than membership positions for a prescriber or
dispenser category, as provided in this subsection (b), the

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Clinical Director of the Prescription Monitoring Program shall
appoint a member or members for each profession as provided in
this subsection (b), from the nominations to serve on the
advisory committee. At the first meeting of the Committee in
2019 members shall draw lots for initial terms and 6 members
shall serve 3 years, 5 members shall serve 2 years, and 5
members shall serve one year. Thereafter, members shall serve
3-year terms. Members may serve more than one term but no more
than 3 terms. The Clinical Director of the Prescription
Monitoring Program may appoint a representative of an
organization representing a profession required to be
appointed. The Clinical Director of the Prescription
Monitoring Program shall serve as the Secretary of the
committee.
(c) The advisory committee may appoint a chairperson and
other officers as it deems appropriate.
(d) The members of the advisory committee shall receive no
compensation for their services as members of the advisory
committee, unless appropriated by the General Assembly, but may
be reimbursed for their actual expenses incurred in serving on
the advisory committee.
(e) The advisory committee shall:
(1) provide a uniform approach to reviewing this Act in
order to determine whether changes should be recommended to
the General Assembly;
(2) review current drug schedules in order to manage

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changes to the administrative rules pertaining to the
utilization of this Act;
(3) review the following: current clinical guidelines
developed by health care professional organizations on the
prescribing of opioids or other controlled substances;
accredited continuing education programs related to
prescribing and dispensing; programs or information
developed by health care professional organizations that
may be used to assess patients or help ensure compliance
with prescriptions; updates from the Food and Drug
Administration, the Centers for Disease Control and
Prevention, and other public and private organizations
which are relevant to prescribing and dispensing; relevant
medical studies; and other publications which involve the
prescription of controlled substances;
(4) make recommendations for inclusion of these
materials or other studies which may be effective resources
for prescribers and dispensers on the Internet website of
the inquiry system established under Section 318;
(5) semi-annually review the content of the Internet
website of the inquiry system established pursuant to
Section 318 to ensure this Internet website has the most
current available information;
(6) semi-annually review opportunities for federal
grants and other forms of funding to support projects which
will increase the number of pilot programs which integrate

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the inquiry system with electronic health records; and
(7) semi-annually review communication to be sent to
all registered users of the inquiry system established
pursuant to Section 318, including recommendations for
relevant accredited continuing education and information
regarding prescribing and dispensing.
(f) The Advisory Committee shall select from its members 10
members of the Peer Review Committee composed of:
(1) 3 physicians;
(2) 3 pharmacists;
(3) one dentist;
(4) one advanced practice registered nurse;
(4.5) (blank);
(5) one physician assistant; and
(6) one optometrist.
The purpose of the Peer Review Committee is to establish a
formal peer review of professional performance of prescribers
and dispensers. The deliberations, information, and
communications of the Peer Review Committee are privileged and
confidential and shall not be disclosed in any manner except in
accordance with current law.
(1) The Peer Review Committee shall periodically
review the data contained within the prescription
monitoring program to identify those prescribers or
dispensers who may be prescribing or dispensing outside the
currently accepted standard and practice of their

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profession. The Peer Review Committee member, whose
profession is the same as the prescriber or dispenser being
reviewed, shall prepare a preliminary report and
recommendation for any non-action or action. The
Prescription Monitoring Program Clinical Director and
staff shall provide the necessary assistance and data as
required.
(2) The Peer Review Committee may identify prescribers
or dispensers who may be prescribing outside the currently
accepted medical standards in the course of their
professional practice and send the identified prescriber
or dispenser a request for information regarding their
prescribing or dispensing practices. This request for
information shall be sent via certified mail, return
receipt requested. A prescriber or dispenser shall have 30
days to respond to the request for information.
(3) The Peer Review Committee shall refer a prescriber
or a dispenser to the Department of Financial and
Professional Regulation in the following situations:
(i) if a prescriber or dispenser does not respond
to three successive requests for information;
(ii) in the opinion of a majority of members of the
Peer Review Committee, the prescriber or dispenser
does not have a satisfactory explanation for the
practices identified by the Peer Review Committee in
its request for information; or

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(iii) following communications with the Peer
Review Committee, the prescriber or dispenser does not
sufficiently rectify the practices identified in the
request for information in the opinion of a majority of
the members of the Peer Review Committee.
(4) The Department of Financial and Professional
Regulation may initiate an investigation and discipline in
accordance with current laws and rules for any prescriber
or dispenser referred by the Peer Review Committee.
(5) The Peer Review Committee shall prepare an annual
report starting on July 1, 2017. This report shall contain
the following information: the number of times the Peer
Review Committee was convened; the number of prescribers or
dispensers who were reviewed by the Peer Review Committee;
the number of requests for information sent out by the Peer
Review Committee; and the number of prescribers or
dispensers referred to the Department of Financial and
Professional Regulation. The annual report shall be
delivered electronically to the Department of Financial
and Professional Regulation and to the General Assembly.
The report to the General Assembly shall be filed with the
Clerk of the House of Representatives and the Secretary of
the Senate in electronic form only, in the manner that the
Clerk and the Secretary shall direct. The report prepared
by the Peer Review Committee shall not identify any
prescriber, dispenser, or patient.

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(Source: P.A. 100-513, eff. 1-1-18; 100-861, eff. 8-14-18;
100-1093, eff. 8-26-18;101-81, eff. 7-12-19; 101-414, eff.
8-16-19.)
(720 ILCS 570/507.2)
Sec. 507.2. Rulemaking authority. The Department of
Financial and Professional Regulation Human Services is
granted rulemaking authority concerning implementation,
maintenance, and compliance with the Prescription Monitoring
Program.
The rules of the Department of Human Services that are in
effect on the effective date of this amendatory Act of the
101st General Assembly and that pertain to the rights, powers,
duties, and functions transferred to the Department of
Financial and Professional Regulation under this amendatory
Act of the 101st General Assembly shall become the rules of the
Department of Financial and Professional Regulation on the
effective date of this amendatory Act of the 101st General
Assembly and shall continue in effect until amended or repealed
by the Department of Financial and Professional Regulation.
Any rules pertaining to the rights, powers, duties, and
functions transferred to the Department of Financial and
Professional Regulation under this amendatory Act of the 101st
General Assembly that have been proposed by the Department of
Human Services but have not taken effect or been finally
adopted by the effective date of this amendatory Act of the

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101st General Assembly shall become proposed rules of the
Department of Financial and Professional Regulation on the
effective date of this amendatory Act of the 101st General
Assembly, and any rulemaking procedures that have already been
completed by the Department of Human Services for those
proposed rules need not be repealed.
As soon as practical after the effective date of this
amendatory Act of the 101st General Assembly, the Department of
Financial and Professional Regulation shall revise and clarify
the rules transferred to it under this amendatory Act of the
101st General Assembly to reflect the transfer of rights,
powers, duties, and functions effected by this amendatory Act
of the 101st General Assembly using the procedures for
recodification of rules available under the Illinois
Administrative Procedure Act, except that existing title,
part, and section numbering for the affected rules may be
retained. The Department of Financial and Professional
Regulation may propose and adopt under the Illinois
Administrative Procedure Act any other rules necessary to
consolidate and clarify those rules.
(Source: P.A. 97-334, eff. 1-1-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.