Bill Text: IL SB2952 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Controlled Substances Act. Provides that the Department of Human Services, 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 (rather than any designee) employed in that licensed prescriber's office or licensed pharmacist's pharmacy and who has received training in the federal Health Insurance Portability and Accountability Act to consult the Prescription Monitoring Program on their behalf. Requires the Clinical Director of the Prescription Monitoring Program to select 6 members (rather than 5 members), 3 physicians, 2 pharmacists, and one dentist, of the Prescription Monitoring Program Advisory Committee to serve as members of the peer review subcommittee. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2018-08-26 - Public Act . . . . . . . . . 100-1093 [SB2952 Detail]

Download: Illinois-2017-SB2952-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB2952 Introduced 2/14/2018, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED:
720 ILCS 570/316
720 ILCS 570/320
Amends the Illinois Controlled Substances Act. Provides that the Department of Human Services, 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 (rather than any designee) employed in that licensed prescriber's office or licensed pharmacist's pharmacy and who has received training in the federal Health Insurance Portability and Accountability Act to consult the Prescription Monitoring Program on their behalf. Requires the Clinical Director of the Prescription Monitoring Program to select 6 members (rather than 5 members), 3 physicians, 2 pharmacists, and one dentist, of the Prescription Monitoring Program Advisory Committee to serve as members of the peer review subcommittee. Effective immediately.
LRB100 16820 RLC 31961 b
A BILL FOR
SB2952 LRB100 16820 RLC 31961 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 320 as follows:
(720 ILCS 570/316)
Sec. 316. Prescription Monitoring Program.
(a) The Department must provide for a Prescription
Monitoring Program for Schedule II, III, IV, and V controlled
substances that includes the following components and
requirements:
(1) The dispenser must transmit to the central
repository, in a form and manner specified by the
Department, the following information:
(A) The recipient's name and address.
(B) The recipient's date of birth and gender.
(C) The national drug code number of the controlled
substance dispensed.
(D) The date the controlled substance is
dispensed.
(E) The quantity of the controlled substance
dispensed and days supply.
(F) The dispenser's United States Drug Enforcement

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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 next business day after the date on which a controlled
substance is dispensed, or at such other time as may be
required by the Department by administrative rule.
(3) A dispenser must transmit the information required
under this Section by:
(A) an electronic device compatible with the
receiving device of the central repository;

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(B) a computer diskette;
(C) a magnetic tape; or
(D) a pharmacy universal claim form or Pharmacy
Inventory Control form;
(4) The Department may impose a civil fine of up to
$100 per day for willful failure to report controlled
substance dispensing to the Prescription Monitoring
Program. The fine shall be calculated on no more than the
number of days from the time the report was required to be
made until the time the problem was resolved, and shall be
payable to the Prescription Monitoring Program.
(b) The Department, by rule, may include in the
Prescription Monitoring Program certain other select drugs
that are not included in Schedule II, III, IV, or V. The
Prescription Monitoring Program does not apply to controlled
substance prescriptions as exempted under Section 313.
(c) The collection of data on select drugs and scheduled
substances by the Prescription Monitoring Program may be used
as a tool for addressing oversight requirements of long-term
care institutions as set forth by Public Act 96-1372. Long-term
care pharmacies shall transmit patient medication profiles to
the Prescription Monitoring Program monthly or more frequently
as established by administrative rule.
(d) The Department of Human Services shall appoint a
full-time Clinical Director of the Prescription Monitoring
Program.

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(e) (Blank).
(f) Within one year of the effective date of this
amendatory Act of the 100th General Assembly, the Department
shall adopt rules requiring all Electronic Health Records
Systems to interface with the Prescription Monitoring Program
application program on or before January 1, 2021 to ensure that
all providers have access to specific patient records during
the treatment of their patients. These rules shall also address
the electronic integration of pharmacy records with the
Prescription Monitoring Program to allow for faster
transmission of the information required under this Section.
The Department shall establish actions to be taken if a
prescriber's Electronic Health Records System does not
effectively interface with the Prescription Monitoring Program
within the required timeline.
(g) The Department, in consultation with the Advisory
Committee, shall adopt rules allowing licensed prescribers or
pharmacists who have registered to access the Prescription
Monitoring Program to authorize a licensed or non-licensed
designee employed in that licensed prescriber's office or
licensed pharmacist's pharmacy and who has received training in
the 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.

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(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
(720 ILCS 570/320)
Sec. 320. Advisory committee.
(a) There is created a Prescription Monitoring Program
Advisory Committee to assist the Department of Human Services
in implementing the Prescription Monitoring Program created by
this Article and to advise the Department on the professional
performance of prescribers and dispensers and other matters
germane to the advisory committee's field of competence.
(b) The Clinical Director of the Prescription Monitoring
Program shall appoint members to serve on the advisory
committee. The advisory committee shall be composed of
prescribers and dispensers as follows: 4 physicians licensed to
practice medicine in all its branches; one advanced practice
registered nurse; one physician assistant; one optometrist;
one dentist; one podiatric physician; and 3 pharmacists. 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 chair of
the committee.
(c) The advisory committee may appoint its 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

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committee 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
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;

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(5) on at least a quarterly basis, 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) on at least a quarterly basis, review opportunities
for federal grants and other forms of funding to support
projects which will increase the number of pilot programs
which integrate the inquiry system with electronic health
records; and
(7) on at least a quarterly basis, 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 Clinical Director of the Prescription Monitoring
Program shall select 6 5 members, 3 physicians, and 2
pharmacists, and one dentist, of the Prescription Monitoring
Program Advisory Committee to serve as members of the peer
review subcommittee. The purpose of the peer review
subcommittee is to advise the Program on matters germane to the
advisory committee's field of competence, establish a formal
peer review of professional performance of prescribers and
dispensers, and develop communications to transmit to
prescribers and dispensers. The deliberations, information,
and communications of the peer review subcommittee are

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privileged and confidential and shall not be disclosed in any
manner except in accordance with current law.
(1) The peer review subcommittee 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 standards in the course of their
professional practice.
(2) The peer review subcommittee 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 subcommittee 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 subcommittee, the prescriber or dispenser
does not have a satisfactory explanation for the
practices identified by the peer review subcommittee

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in its request for information; or
(iii) following communications with the peer
review subcommittee, 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
subcommittee.
(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 subcommittee.
(5) The peer review subcommittee shall prepare an
annual report starting on July 1, 2017. This report shall
contain the following information: the number of times the
peer review subcommittee 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 subcommittee; 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 and to
the General Assembly. The report prepared by the peer
review subcommittee shall not identify any prescriber,
dispenser, or patient.
(Source: P.A. 99-480, eff. 9-9-15; 100-513, eff. 1-1-18.)
Section 99. Effective date. This Act takes effect upon

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becoming law.