(720 ILCS 570/320)
    (Text of Section from P.A. 100-861)
    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 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;
        (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 members, 3 physicians, 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 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 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 to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct. 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; 100-861, eff. 8-14-18.)
 
    (Text of Section from P.A. 100-1093)
    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 Prescription Monitoring Program Advisory Committee shall consist of 16 members appointed by the Clinical Director of the Prescription Monitoring Program composed of prescribers and dispensers licensed to practice medicine in his or her respective profession as follows: one family or primary care physician; one pain specialist physician; 4 other physicians, one of whom may be an ophthalmologist; 2 advanced practice registered nurses; one physician assistant; one optometrist; one dentist; one veterinarian; one clinical representative from a statewide organization representing hospitals; and 3 pharmacists. The Advisory Committee members serving on the effective date of this amendatory Act of the 100th General Assembly shall continue to serve until January 1, 2019. Prescriber and dispenser nominations for membership on the Committee shall be submitted by their respective professional associations. If there are more nominees than membership positions for a prescriber or dispenser category, as provided in this subsection (b), the Clinical Director of the Prescription Monitoring Program shall appoint a member or members for each profession as provided in this subsection (b), from the nominations to serve on the advisory committee. At the first meeting of the Committee in 2019 members shall draw lots for initial terms and 6 members shall serve 3 years, 5 members shall serve 2 years, and 5 members shall serve one year. Thereafter, members shall serve 3 year terms. Members may serve more than one term but no more than 3 terms. 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 Secretary of the committee.
    (c) The advisory committee may appoint a chairperson and 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 committee, unless appropriated by the General Assembly, 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;
        (5) semi-annually 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) semi-annually 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) semi-annually 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 Advisory Committee shall select from its members 11 members of the Peer Review Committee composed of:
        (1) 3 physicians;
        (2) 3 pharmacists;
        (3) one dentist;
        (4) one advanced practice registered nurse;
        (4.5) one veterinarian;
        (5) one physician assistant; and
        (6) one optometrist.
    The purpose of the Peer Review Committee is to establish a formal peer review of professional performance of prescribers and dispensers. The deliberations, information, and communications of the Peer Review Committee are privileged and confidential and shall not be disclosed in any manner except in accordance with current law.
        (1) The Peer Review Committee 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 standard and practice of their profession. The Peer Review Committee member, whose profession is the same as the prescriber or dispenser being reviewed, shall prepare a preliminary report and recommendation for any non-action or action. The Prescription Monitoring Program Clinical Director and staff shall provide the necessary assistance and data as required.
        (2) The Peer Review Committee 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 Committee 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 Committee, the prescriber or dispenser does not have a satisfactory explanation for the practices identified by the Peer Review Committee in its request for information; or
            (iii) following communications with the Peer
        
Review Committee, 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 Committee.
        (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 Committee shall prepare an annual
    
report starting on July 1, 2017. This report shall contain the following information: the number of times the Peer Review Committee 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 Committee; 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 to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct. The report prepared by the Peer Review Committee shall not identify any prescriber, dispenser, or patient.
(Source: P.A. 99-480, eff. 9-9-15; 100-513, eff. 1-1-18; 100-1093, eff. 8-26-18.)