HB4907 EnrolledLRB100 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 a
21licensed designee in a licensed pharmacist's pharmacy, and who
22has received training in the federal Health Insurance
23Portability and Accountability Act to consult the Prescription
24Monitoring Program on their behalf. The rules shall include
25reasonable parameters concerning a practitioner's authority to
26authorize a designee, and the eligibility of a person to be

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        practices identified by the peer review subcommittee
2        in its request for information; or
3            (iii) following communications with the peer
4        review subcommittee, the prescriber or dispenser does
5        not sufficiently rectify the practices identified in
6        the request for information in the opinion of a
7        majority of the members of the peer review
8        subcommittee.
9        (4) The Department of Financial and Professional
10    Regulation may initiate an investigation and discipline in
11    accordance with current laws and rules for any prescriber
12    or dispenser referred by the peer review subcommittee.
13        (5) The peer review subcommittee shall prepare an
14    annual report starting on July 1, 2017. This report shall
15    contain the following information: the number of times the
16    peer review subcommittee was convened; the number of
17    prescribers or dispensers who were reviewed by the peer
18    review committee; the number of requests for information
19    sent out by the peer review subcommittee; and the number of
20    prescribers or dispensers referred to the Department of
21    Financial and Professional Regulation. The annual report
22    shall be delivered electronically to the Department and to
23    the General Assembly. The report to the General Assembly
24    shall be filed with the Clerk of the House of
25    Representatives and the Secretary of the Senate in
26    electronic form only, in the manner that the Clerk and the

 

 

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1    Secretary shall direct. The report prepared by the peer
2    review subcommittee shall not identify any prescriber,
3    dispenser, or patient.
4(Source: P.A. 99-480, eff. 9-9-15; 100-513, eff. 1-1-18.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.