Bill Text: IL SB3184 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Controlled Substances Act. Creates the offense of unauthorized request or possession of a prescriber's Illinois controlled substance license or United States Drug Enforcement Administration registration. Provides that a person commits the offense when he or she knowingly: (1) requests the license number or registration number other than for: (A) prescribing or dispensing controlled substances; (B) insurance processing related to controlled substances; (C) professional employment; or (D) collecting credentials data under the Health Care Professional Credentials Data Collection Act; (2) possesses without authorization the prescriber's Illinois controlled substance license or United States Drug Enforcement Administration registration or prescriber's Illinois controlled substance license number or United States Drug Enforcement Administration registration number; or (3) uses the prescriber's Illinois controlled substance license number or United States Drug Enforcement Administration registration number to obtain any medication or to create a fraudulent prescription or order. Provides that a violation is a Class 4 felony for the first offense and a Class 3 felony for each subsequent offense. Provides that the fine for the first offense may not exceed $100,000 and the fine for each subsequent offense may not exceed $200,000. Adds a purpose clause concerning the opioid crisis.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB3184 Detail]

Download: Illinois-2017-SB3184-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB3184 Introduced 2/15/2018, by Sen. Scott M. Bennett SYNOPSIS AS INTRODUCED:
720 ILCS 570/406.3 new
Amends the Illinois Controlled Substances Act. Creates the offense of unauthorized request or possession of a prescriber's Illinois controlled substance license or United States Drug Enforcement Administration registration. Provides that a person commits the offense when he or she knowingly: (1) requests the license number or registration number other than for: (A) prescribing or dispensing controlled substances; (B) insurance processing related to controlled substances; (C) professional employment; or (D) collecting credentials data under the Health Care Professional Credentials Data Collection Act; (2) possesses without authorization the prescriber's Illinois controlled substance license or United States Drug Enforcement Administration registration or prescriber's Illinois controlled substance license number or United States Drug Enforcement Administration registration number; or (3) uses the prescriber's Illinois controlled substance license number or United States Drug Enforcement Administration registration number to obtain any medication or to create a fraudulent prescription or order. Provides that a violation is a Class 4 felony for the first offense and a Class 3 felony for each subsequent offense. Provides that the fine for the first offense may not exceed $100,000 and the fine for each subsequent offense may not exceed $200,000. Adds a purpose clause concerning the opioid crisis.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Opioid crisis. In response to the opioid crisis,
myriad federal and state actions have been declared:
(1) On October 26, 2017, the President of the United States
directed the United States Department of Health and Human
Services to declare the opioid crisis a public health
emergency, and directed all relevant executive agencies to use
all appropriate emergency authorities to address America's
deadly opioid crisis.
(2) On September 6, 2017, Illinois Governor Bruce Rauner
unveiled the Illinois Opioid Crisis Action plan, which seeks to
reduce the anticipated number of opioid-related deaths by 33%
in 3 years. Prevention, which is one of the 3 areas of focus
for the plan, is addressed in the plan through the priority of
safer prescribing and dispensing of opioids.
(3) Drug Enforcement Administration numbers can be found in
electronic health records, which are vulnerable to snooping by
rogue employees and cyberattacks.
(4) Drug Enforcement Administration numbers can also be
found on every page of a prescriber's prescription pad, thus
requiring someone who wants to forge a prescription to first
obtain a prescriber's legitimate Drug Enforcement

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Administration number.
(5) Drug Enforcement Administration numbers are intended
to be used to identify authorized prescribers of controlled
substances. These numbers are often used by insurance companies
and pharmacies, including mail order pharmacies, as a means of
identifying providers for non-narcotic prescriptions and other
administrative requirements.
(6) Unauthorized use of a prescriber's Drug Enforcement
Administration number exposes prescribers to identity theft,
billing fraud, and criminal investigation. This can mean that a
prescriber is stripped of his or her license or his or her Drug
Enforcement Administration prescribing privileges.
(7) It is in the interest of public health, and in keeping
with the federal and State government's treatment of opioid
addiction as a critical problem, that Drug Enforcement
Administration numbers only be accessible for their intended
purpose, which is the prescription on controlled substances.
The more accessible Drug Enforcement Administration and other
identification numbers are, the more likely it is that they
will be used to request an illegal narcotic prescription.
Section 5. The Illinois Controlled Substances Act is
amended by adding Section 406.3 as follows:
(720 ILCS 570/406.3 new)
Sec. 406.3. Unauthorized request or possession of a

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prescriber's Illinois controlled substance license or United
States Drug Enforcement Administration registration.
(a) A person commits unauthorized request or possession of
a prescriber's Illinois controlled substance license or United
States Drug Enforcement Administration registration when he or
she knowingly:
(1) requests the license number or registration number
other than for:
(A) prescribing or dispensing controlled
substances;
(B) insurance processing related to controlled
substances;
(C) professional employment; or
(D) collecting credentials data under the Health
Care Professional Credentials Data Collection Act;
(2) possesses without authorization the prescriber's
Illinois controlled substance license or United States
Drug Enforcement Administration registration or
prescriber's Illinois controlled substance license number
or United States Drug Enforcement Administration
registration number; or
(3) uses the prescriber's Illinois controlled
substance license number or United States Drug Enforcement
Administration registration number to obtain any
medication or to create a fraudulent prescription or order.
(b) Knowledge shall be determined by an evaluation of all

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circumstances surrounding possession or use of the
prescriber's Illinois controlled substance license number or
United States Drug Enforcement Administration registration
number.
(c) Sentence. Unauthorized request or possession of a
prescriber's Illinois controlled substance license or United
States Drug Enforcement Administration registration is a Class
4 felony for the first offense and a Class 3 felony for each
subsequent offense. The fine for the first offense may not
exceed $100,000. The fine for each subsequent offense may not
exceed $200,000.