Bill Text: IL SB1607 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Controlled Substances Act. Makes a technical change in a Section concerning the prescription monitoring program.
Spectrum: Moderate Partisan Bill (Democrat 16-2)
Status: (Passed) 2018-01-08 - Public Act . . . . . . . . . 100-0575 [SB1607 Detail]
Download: Illinois-2017-SB1607-Engrossed.html
Bill Title: Amends the Illinois Controlled Substances Act. Makes a technical change in a Section concerning the prescription monitoring program.
Spectrum: Moderate Partisan Bill (Democrat 16-2)
Status: (Passed) 2018-01-08 - Public Act . . . . . . . . . 100-0575 [SB1607 Detail]
Download: Illinois-2017-SB1607-Engrossed.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning criminal law.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Controlled Substances Act is | ||||||
5 | amended by changing Sections 314.5 and 316 as follows:
| ||||||
6 | (720 ILCS 570/314.5) | ||||||
7 | Sec. 314.5. Medication shopping; pharmacy shopping. | ||||||
8 | (a) It shall be unlawful for any person knowingly or | ||||||
9 | intentionally to fraudulently obtain or fraudulently seek to | ||||||
10 | obtain any controlled substance or prescription for a | ||||||
11 | controlled substance from a prescriber or dispenser while being | ||||||
12 | supplied with any controlled substance or prescription for a | ||||||
13 | controlled substance by another prescriber or dispenser, | ||||||
14 | without disclosing the fact of the existing controlled | ||||||
15 | substance or prescription for a controlled substance to the | ||||||
16 | prescriber or dispenser from whom the subsequent controlled | ||||||
17 | substance or prescription for a controlled substance is sought. | ||||||
18 | (a-5) Before issuing a prescription for a Schedule II, III, | ||||||
19 | IV, or V controlled substance, a prescriber or his or her | ||||||
20 | designee shall access the prescription monitoring program to | ||||||
21 | determine compliance with this Section. A prescriber who | ||||||
22 | prescribes a Schedule II, III, IV, or V controlled
substance in | ||||||
23 | the course of oncology treatment, a condition associated with |
| |||||||
| |||||||
1 | oncology, or
hospice care is exempt from having to check the | ||||||
2 | Prescription Monitoring Program prior to prescribing the | ||||||
3 | controlled
substance. | ||||||
4 | (b) It shall be unlawful for a person knowingly or | ||||||
5 | intentionally to fraudulently obtain or fraudulently seek to | ||||||
6 | obtain any controlled substance from a pharmacy while being | ||||||
7 | supplied with any controlled substance by another pharmacy, | ||||||
8 | without disclosing the fact of the existing controlled | ||||||
9 | substance to the pharmacy from which the subsequent controlled | ||||||
10 | substance is sought. | ||||||
11 | (c) A person may be in violation of Section 3.23 of the | ||||||
12 | Illinois Food, Drug and Cosmetic Act or Section 406 of this Act | ||||||
13 | when medication shopping or pharmacy shopping, or both. | ||||||
14 | (d) When a person has been identified as having 3 or more | ||||||
15 | prescribers or 3 or more pharmacies, or both, that do not | ||||||
16 | utilize a common electronic file as specified in Section 20 of | ||||||
17 | the Pharmacy Practice Act for controlled substances within the | ||||||
18 | course of a continuous 30-day period, the Prescription | ||||||
19 | Monitoring Program may issue an unsolicited report to the | ||||||
20 | prescribers, dispensers, and their designees informing them of | ||||||
21 | the potential medication shopping. If an unsolicited report is | ||||||
22 | issued to a prescriber or prescribers, then the
report must | ||||||
23 | also be sent to the applicable dispensing pharmacy. | ||||||
24 | (e) Nothing in this Section shall be construed to create a | ||||||
25 | requirement that any prescriber, dispenser, or pharmacist | ||||||
26 | request any patient medication disclosure, report any patient |
| |||||||
| |||||||
1 | activity, or prescribe or refuse to prescribe or dispense any | ||||||
2 | medications. | ||||||
3 | (f) This Section shall not be construed to apply to | ||||||
4 | inpatients or residents at hospitals or other institutions or | ||||||
5 | to institutional pharmacies.
| ||||||
6 | (g) Any patient feedback, including grades, ratings, or | ||||||
7 | written or verbal statements, in opposition to a clinical | ||||||
8 | decision that the prescription of a controlled substance is not | ||||||
9 | medically necessary shall not be the basis of any adverse | ||||||
10 | action, evaluation, or any other type of negative | ||||||
11 | credentialing, contracting, licensure, or employment action | ||||||
12 | taken against a prescriber or dispenser. | ||||||
13 | (Source: P.A. 99-480, eff. 9-9-15.)
| ||||||
14 | (720 ILCS 570/316)
| ||||||
15 | Sec. 316. Prescription monitoring program. | ||||||
16 | (a) The Department must provide for a
prescription | ||||||
17 | monitoring program for Schedule II, III, IV, and V controlled | ||||||
18 | substances that includes the following components and | ||||||
19 | requirements:
| ||||||
20 | (1) The
dispenser must transmit to the
central | ||||||
21 | repository, in a form and manner specified by the | ||||||
22 | Department, the following information:
| ||||||
23 | (A) The recipient's name and address.
| ||||||
24 | (B) The recipient's date of birth and gender.
| ||||||
25 | (C) The national drug code number of the controlled
|
| |||||||
| |||||||
1 | substance
dispensed.
| ||||||
2 | (D) The date the controlled substance is | ||||||
3 | dispensed.
| ||||||
4 | (E) The quantity of the controlled substance | ||||||
5 | dispensed and days supply.
| ||||||
6 | (F) The dispenser's United States Drug Enforcement | ||||||
7 | Administration
registration number.
| ||||||
8 | (G) The prescriber's United States Drug | ||||||
9 | Enforcement Administration
registration number.
| ||||||
10 | (H) The dates the controlled substance | ||||||
11 | prescription is filled. | ||||||
12 | (I) The payment type used to purchase the | ||||||
13 | controlled substance (i.e. Medicaid, cash, third party | ||||||
14 | insurance). | ||||||
15 | (J) The patient location code (i.e. home, nursing | ||||||
16 | home, outpatient, etc.) for the controlled substances | ||||||
17 | other than those filled at a retail pharmacy. | ||||||
18 | (K) Any additional information that may be | ||||||
19 | required by the department by administrative rule, | ||||||
20 | including but not limited to information required for | ||||||
21 | compliance with the criteria for electronic reporting | ||||||
22 | of the American Society for Automation and Pharmacy or | ||||||
23 | its successor. | ||||||
24 | (2) The information required to be transmitted under | ||||||
25 | this Section must be
transmitted not later than the end of | ||||||
26 | the next business day after the date on which a
controlled |
| |||||||
| |||||||
1 | substance is dispensed, or at such other time as may be | ||||||
2 | required by the Department by administrative rule.
| ||||||
3 | (3) A dispenser must transmit the information required | ||||||
4 | under this Section
by:
| ||||||
5 | (A) an electronic device compatible with the | ||||||
6 | receiving device of the
central repository;
| ||||||
7 | (B) a computer diskette;
| ||||||
8 | (C) a magnetic tape; or
| ||||||
9 | (D) a pharmacy universal claim form or Pharmacy | ||||||
10 | Inventory Control form;
| ||||||
11 | (4) The Department may impose a civil fine of up to | ||||||
12 | $100 per day for willful failure to report controlled | ||||||
13 | substance dispensing to the Prescription Monitoring | ||||||
14 | Program. The fine shall be calculated on no more than the | ||||||
15 | number of days from the time the report was required to be | ||||||
16 | made until the time the problem was resolved, and shall be | ||||||
17 | payable to the Prescription Monitoring Program.
| ||||||
18 | (b) The Department, by rule, may include in the monitoring | ||||||
19 | program certain other select drugs that are not included in | ||||||
20 | Schedule II, III, IV, or V. The prescription monitoring program | ||||||
21 | does not apply to
controlled substance prescriptions as | ||||||
22 | exempted under Section
313.
| ||||||
23 | (c) The collection of data on select drugs and scheduled | ||||||
24 | substances by the Prescription Monitoring Program may be used | ||||||
25 | as a tool for addressing oversight requirements of long-term | ||||||
26 | care institutions as set forth by Public Act 96-1372. Long-term |
| |||||||
| |||||||
1 | care pharmacies shall transmit patient medication profiles to | ||||||
2 | the Prescription Monitoring Program monthly or more frequently | ||||||
3 | as established by administrative rule. | ||||||
4 | (d) The Department of Human Services shall appoint a | ||||||
5 | full-time Clinical Director of the Prescription Monitoring | ||||||
6 | Program. | ||||||
7 | (e) (Blank). Within one year of the effective date of this | ||||||
8 | amendatory Act of the 99th General Assembly, the Department | ||||||
9 | shall adopt rules establishing pilot initiatives involving a | ||||||
10 | cross-section of hospitals in this State to increase electronic | ||||||
11 | integration of a hospital's electronic health record with the | ||||||
12 | Prescription Monitoring Program on or before January 1, 2019 to | ||||||
13 | ensure all providers have timely access to relevant | ||||||
14 | prescription information during the treatment of their | ||||||
15 | patients. These rules shall also establish pilots that enhance | ||||||
16 | the electronic integration of outpatient pharmacy records with | ||||||
17 | the Prescription Monitoring Program to allow for faster | ||||||
18 | transmission of the information required under this Section. In | ||||||
19 | collaboration with the Department of Human Services, the | ||||||
20 | Prescription Monitoring Program Advisory Committee shall | ||||||
21 | identify funding sources to support the pilot projects in this | ||||||
22 | Section and distribution of funds shall be based on voluntary | ||||||
23 | and incentive-based models. The rules adopted by the Department | ||||||
24 | shall also ensure that the Department continues to monitor | ||||||
25 | updates in Electronic Health Record Technology and how other | ||||||
26 | states have integrated their prescription monitoring databases |
| |||||||
| |||||||
1 | with Electronic Health Records. | ||||||
2 | (f) Within one year of the effective date of this | ||||||
3 | amendatory Act of the 100th General Assembly, the Department | ||||||
4 | shall adopt rules requiring all Electronic Health Records | ||||||
5 | Systems to interface with the Prescription Monitoring Program | ||||||
6 | application program on or before January 1, 2021 to ensure that | ||||||
7 | all providers have access to specific patient records during | ||||||
8 | the treatment of their patients. These rules shall also address | ||||||
9 | the electronic integration of pharmacy records with the | ||||||
10 | Prescription Monitoring Program to allow for faster | ||||||
11 | transmission of the information required under this Section. | ||||||
12 | The Department shall establish actions to be taken if a | ||||||
13 | prescriber's Electronic Health Records System does not | ||||||
14 | effectively interface with the Prescription Monitoring Program | ||||||
15 | within the required timeline. | ||||||
16 | (g) The Department, in consultation with the Advisory | ||||||
17 | Committee, shall adopt rules allowing licensed prescribers or | ||||||
18 | pharmacists who have registered to access the Prescription | ||||||
19 | Monitoring Program to authorize a designee to consult the | ||||||
20 | Prescription Monitoring Program on their behalf. The rules | ||||||
21 | shall include reasonable parameters concerning a | ||||||
22 | practitioner's authority to authorize a designee, and the | ||||||
23 | eligibility of a person to be selected as a designee. | ||||||
24 | (Source: P.A. 99-480, eff. 9-9-15.)
|