100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4907

 

Introduced , by Rep. Michael P. McAuliffe

 

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 20501 RLC 35867 b

 

 

A BILL FOR

 

HB4907LRB100 20501 RLC 35867 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Controlled Substances Act is
5amended by changing Sections 316 and 320 as follows:
 
6    (720 ILCS 570/316)
7    Sec. 316. Prescription Monitoring Program.
8    (a) The Department must provide for a Prescription
9Monitoring Program for Schedule II, III, IV, and V controlled
10substances that includes the following components and
11requirements:
12        (1) The dispenser must transmit to the central
13    repository, in a form and manner specified by the
14    Department, the following information:
15            (A) The recipient's name and address.
16            (B) The recipient's date of birth and gender.
17            (C) The national drug code number of the controlled
18        substance dispensed.
19            (D) The date the controlled substance is
20        dispensed.
21            (E) The quantity of the controlled substance
22        dispensed and days supply.
23            (F) The dispenser's United States Drug Enforcement

 

 

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1        Administration registration number.
2            (G) The prescriber's United States Drug
3        Enforcement Administration registration number.
4            (H) The dates the controlled substance
5        prescription is filled.
6            (I) The payment type used to purchase the
7        controlled substance (i.e. Medicaid, cash, third party
8        insurance).
9            (J) The patient location code (i.e. home, nursing
10        home, outpatient, etc.) for the controlled substances
11        other than those filled at a retail pharmacy.
12            (K) Any additional information that may be
13        required by the department by administrative rule,
14        including but not limited to information required for
15        compliance with the criteria for electronic reporting
16        of the American Society for Automation and Pharmacy or
17        its successor.
18        (2) The information required to be transmitted under
19    this Section must be transmitted not later than the end of
20    the next business day after the date on which a controlled
21    substance is dispensed, or at such other time as may be
22    required by the Department by administrative rule.
23        (3) A dispenser must transmit the information required
24    under this Section by:
25            (A) an electronic device compatible with the
26        receiving device of the central repository;

 

 

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1            (B) a computer diskette;
2            (C) a magnetic tape; or
3            (D) a pharmacy universal claim form or Pharmacy
4        Inventory Control form;
5        (4) The Department may impose a civil fine of up to
6    $100 per day for willful failure to report controlled
7    substance dispensing to the Prescription Monitoring
8    Program. The fine shall be calculated on no more than the
9    number of days from the time the report was required to be
10    made until the time the problem was resolved, and shall be
11    payable to the Prescription Monitoring Program.
12    (b) The Department, by rule, may include in the
13Prescription Monitoring Program certain other select drugs
14that are not included in Schedule II, III, IV, or V. The
15Prescription Monitoring Program does not apply to controlled
16substance prescriptions as exempted under Section 313.
17    (c) The collection of data on select drugs and scheduled
18substances by the Prescription Monitoring Program may be used
19as a tool for addressing oversight requirements of long-term
20care institutions as set forth by Public Act 96-1372. Long-term
21care pharmacies shall transmit patient medication profiles to
22the Prescription Monitoring Program monthly or more frequently
23as established by administrative rule.
24    (d) The Department of Human Services shall appoint a
25full-time Clinical Director of the Prescription Monitoring
26Program.

 

 

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1    (e) (Blank).
2    (f) Within one year of the effective date of this
3amendatory Act of the 100th General Assembly, the Department
4shall adopt rules requiring all Electronic Health Records
5Systems to interface with the Prescription Monitoring Program
6application program on or before January 1, 2021 to ensure that
7all providers have access to specific patient records during
8the treatment of their patients. These rules shall also address
9the electronic integration of pharmacy records with the
10Prescription Monitoring Program to allow for faster
11transmission of the information required under this Section.
12The Department shall establish actions to be taken if a
13prescriber's Electronic Health Records System does not
14effectively interface with the Prescription Monitoring Program
15within the required timeline.
16    (g) The Department, in consultation with the Advisory
17Committee, shall adopt rules allowing licensed prescribers or
18pharmacists who have registered to access the Prescription
19Monitoring Program to authorize a licensed or non-licensed
20designee employed in that licensed prescriber's office or
21licensed pharmacist's pharmacy and who has received training in
22the federal Health Insurance Portability and Accountability
23Act to consult the Prescription Monitoring Program on their
24behalf. The rules shall include reasonable parameters
25concerning a practitioner's authority to authorize a designee,
26and the eligibility of a person to be selected as a designee.

 

 

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1(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
 
2    (720 ILCS 570/320)
3    Sec. 320. Advisory committee.
4    (a) There is created a Prescription Monitoring Program
5Advisory Committee to assist the Department of Human Services
6in implementing the Prescription Monitoring Program created by
7this Article and to advise the Department on the professional
8performance of prescribers and dispensers and other matters
9germane to the advisory committee's field of competence.
10    (b) The Clinical Director of the Prescription Monitoring
11Program shall appoint members to serve on the advisory
12committee. The advisory committee shall be composed of
13prescribers and dispensers as follows: 4 physicians licensed to
14practice medicine in all its branches; one advanced practice
15registered nurse; one physician assistant; one optometrist;
16one dentist; one podiatric physician; and 3 pharmacists. The
17Clinical Director of the Prescription Monitoring Program may
18appoint a representative of an organization representing a
19profession required to be appointed. The Clinical Director of
20the Prescription Monitoring Program shall serve as the chair of
21the committee.
22    (c) The advisory committee may appoint its other officers
23as it deems appropriate.
24    (d) The members of the advisory committee shall receive no
25compensation for their services as members of the advisory

 

 

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1committee but may be reimbursed for their actual expenses
2incurred in serving on the advisory committee.
3    (e) The advisory committee shall:
4        (1) provide a uniform approach to reviewing this Act in
5    order to determine whether changes should be recommended to
6    the General Assembly;
7        (2) review current drug schedules in order to manage
8    changes to the administrative rules pertaining to the
9    utilization of this Act;
10        (3) review the following: current clinical guidelines
11    developed by health care professional organizations on the
12    prescribing of opioids or other controlled substances;
13    accredited continuing education programs related to
14    prescribing and dispensing; programs or information
15    developed by health care professional organizations that
16    may be used to assess patients or help ensure compliance
17    with prescriptions; updates from the Food and Drug
18    Administration, the Centers for Disease Control and
19    Prevention, and other public and private organizations
20    which are relevant to prescribing and dispensing; relevant
21    medical studies; and other publications which involve the
22    prescription of controlled substances;
23        (4) make recommendations for inclusion of these
24    materials or other studies which may be effective resources
25    for prescribers and dispensers on the Internet website of
26    the inquiry system established under Section 318;

 

 

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1        (5) on at least a quarterly basis, review the content
2    of the Internet website of the inquiry system established
3    pursuant to Section 318 to ensure this Internet website has
4    the most current available information;
5        (6) on at least a quarterly basis, review opportunities
6    for federal grants and other forms of funding to support
7    projects which will increase the number of pilot programs
8    which integrate the inquiry system with electronic health
9    records; and
10        (7) on at least a quarterly basis, review communication
11    to be sent to all registered users of the inquiry system
12    established pursuant to Section 318, including
13    recommendations for relevant accredited continuing
14    education and information regarding prescribing and
15    dispensing.
16    (f) The Clinical Director of the Prescription Monitoring
17Program shall select 6 5 members, 3 physicians, and 2
18pharmacists, and one dentist, of the Prescription Monitoring
19Program Advisory Committee to serve as members of the peer
20review subcommittee. The purpose of the peer review
21subcommittee is to advise the Program on matters germane to the
22advisory committee's field of competence, establish a formal
23peer review of professional performance of prescribers and
24dispensers, and develop communications to transmit to
25prescribers and dispensers. The deliberations, information,
26and communications of the peer review subcommittee are

 

 

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1privileged and confidential and shall not be disclosed in any
2manner except in accordance with current law.
3        (1) The peer review subcommittee shall periodically
4    review the data contained within the prescription
5    monitoring program to identify those prescribers or
6    dispensers who may be prescribing or dispensing outside the
7    currently accepted standards in the course of their
8    professional practice.
9        (2) The peer review subcommittee may identify
10    prescribers or dispensers who may be prescribing outside
11    the currently accepted medical standards in the course of
12    their professional practice and send the identified
13    prescriber or dispenser a request for information
14    regarding their prescribing or dispensing practices. This
15    request for information shall be sent via certified mail,
16    return receipt requested. A prescriber or dispenser shall
17    have 30 days to respond to the request for information.
18        (3) The peer review subcommittee shall refer a
19    prescriber or a dispenser to the Department of Financial
20    and Professional Regulation in the following situations:
21            (i) if a prescriber or dispenser does not respond
22        to three successive requests for information;
23            (ii) in the opinion of a majority of members of the
24        peer review subcommittee, the prescriber or dispenser
25        does not have a satisfactory explanation for the
26        practices identified by the peer review subcommittee

 

 

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1        in its request for information; or
2            (iii) following communications with the peer
3        review subcommittee, the prescriber or dispenser does
4        not sufficiently rectify the practices identified in
5        the request for information in the opinion of a
6        majority of the members of the peer review
7        subcommittee.
8        (4) The Department of Financial and Professional
9    Regulation may initiate an investigation and discipline in
10    accordance with current laws and rules for any prescriber
11    or dispenser referred by the peer review subcommittee.
12        (5) The peer review subcommittee shall prepare an
13    annual report starting on July 1, 2017. This report shall
14    contain the following information: the number of times the
15    peer review subcommittee was convened; the number of
16    prescribers or dispensers who were reviewed by the peer
17    review committee; the number of requests for information
18    sent out by the peer review subcommittee; and the number of
19    prescribers or dispensers referred to the Department of
20    Financial and Professional Regulation. The annual report
21    shall be delivered electronically to the Department and to
22    the General Assembly. The report prepared by the peer
23    review subcommittee shall not identify any prescriber,
24    dispenser, or patient.
25(Source: P.A. 99-480, eff. 9-9-15; 100-513, eff. 1-1-18.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.