Bill Text: IL SB2364 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Controlled Substances Act. Eliminates the provision that the dispenser of a Schedule II, III, IV, or V controlled substance must transmit to the central repository the date the controlled substance is dispensed. Provides that a dispenser must transmit the information electronically as defined in administrative rules. Provides that it is the responsibility of the healthcare facility and its selected Electronic Health Records System or Pharmacy Management System to ensure integration with the Prescription Monitoring Program. Provides that within one year after the effective date of the amendatory Act, the Department of Human Services shall adopt rules requiring Electronic Health Records Systems and Pharmacy Management Systems to interface with the Prescription Monitoring Program application program on or before January 1, 2024 to ensure that providers have access to specific patient records during the treatment of their patients. Provides that these rules may define integration requirements and exceptions. Provides that these rules may also address the electronic integration of pharmacy records with the Prescription Monitoring Program to allow for faster transmission of the information required by these provisions. Provides that the Department may establish actions to be taken if a prescriber's Electronic Health Records System and Pharmacy Management Systems does not effectively interface with the Prescription Monitoring Program. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-10 - Referred to Assignments [SB2364 Detail]

Download: Illinois-2023-SB2364-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2364 Introduced 2/10/2023, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
720 ILCS 570/316
720 ILCS 570/317
Amends the Illinois Controlled Substances Act. Eliminates the provision that the dispenser of a Schedule II, III, IV, or V controlled substance must transmit to the central repository the date the controlled substance is dispensed. Provides that a dispenser must transmit the information electronically as defined in administrative rules. Provides that it is the responsibility of the healthcare facility and its selected Electronic Health Records System or Pharmacy Management System to ensure integration with the Prescription Monitoring Program. Provides that within one year after the effective date of the amendatory Act, the Department of Human Services shall adopt rules requiring Electronic Health Records Systems and Pharmacy Management Systems to interface with the Prescription Monitoring Program application program on or before January 1, 2024 to ensure that providers have access to specific patient records during the treatment of their patients. Provides that these rules may define integration requirements and exceptions. Provides that these rules may also address the electronic integration of pharmacy records with the Prescription Monitoring Program to allow for faster transmission of the information required by these provisions. Provides that the Department may establish actions to be taken if a prescriber's Electronic Health Records System and Pharmacy Management Systems does not effectively interface with the Prescription Monitoring Program. Effective immediately.
LRB103 26987 RLC 53354 b
A BILL FOR
SB2364 LRB103 26987 RLC 53354 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 316 and 317 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) (Blank). 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

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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 business day 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
electronically as defined in administrative rules required
under this Section by:
(A) an electronic device compatible with the

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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.
(3.5) The requirements of paragraphs (1), (2), and (3)
of this subsection also apply to opioid treatment programs
that are licensed or certified by the Department of Human
Services' Division of Substance Use Prevention and
Recovery and are authorized by the federal Drug
Enforcement Administration to prescribe Schedule II, III,
IV, or V controlled substances for the treatment of opioid
use disorders. Opioid treatment programs shall attempt to
obtain written patient consent, shall document attempts to
obtain the written consent, and shall not transmit
information without patient consent. Documentation
obtained under this paragraph shall not be utilized for
law enforcement purposes, as proscribed under 42 CFR 2, as
amended by 42 U.S.C. 290dd-2. Treatment of a patient shall
not be conditioned upon his or her written consent.
(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

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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, 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) It is the responsibility of the healthcare facility
and its selected Electronic Health Records System or Pharmacy

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Management System to ensure integration with the Prescription
Monitoring Program. Within one year after the effective date
of this amendatory Act of the 103rd General Assembly, the
Department shall adopt rules requiring Electronic Health
Records Systems and Pharmacy Management Systems to interface
with the Prescription Monitoring Program application program
on or before January 1, 2024 to ensure that providers have
access to specific patient records during the treatment of
their patients. These rules may define integration
requirements and exceptions. These rules may 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 may establish actions to be taken if a
prescriber's Electronic Health Records System and Pharmacy
Management Systems does not effectively interface with the
Prescription Monitoring Program. Within one year of January 1,
2018 (the effective date of Public Act 100-564), 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

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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 Prescription
Monitoring Program 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 federal Health Insurance Portability and Accountability
Act and 42 CFR 2 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.

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(Source: P.A. 101-81, eff. 7-12-19; 101-414, eff. 8-16-19;
102-527, eff. 8-20-21; 102-813, eff. 5-13-22.)
(720 ILCS 570/317)
Sec. 317. Central repository for collection of
information.
(a) The Department must designate a central repository for
the collection of information transmitted under Section 316
and former Section 321.
(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, 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) (Blank). 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.

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(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.
(2) Provide the Department 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.)
Section 99. Effective date. This Act takes effect upon
becoming law.