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(720 ILCS 570/318)
Confidentiality of information.
(a) Information received by the central repository under Section 316 and former Section 321
(b) The Department must carry out a program to protect the
confidentiality of the information described in subsection (a). The Department
disclose the information to another person only under
subsection (c), (d), or (f) and may charge a fee not to exceed the actual cost
(c) The Department may disclose confidential information described
in subsection (a) to any person who is engaged in receiving, processing, or
storing the information.
(d) The Department may release confidential information described
in subsection (a) to the following persons:
(1) A governing body that licenses practitioners and
is engaged in an investigation, an adjudication, or a prosecution of a violation under any State or federal law that involves a controlled substance.
(2) An investigator for the Consumer Protection
Division of the office of the Attorney General, a prosecuting attorney, the Attorney General, a deputy Attorney General, or an investigator from the office of the Attorney General, who is engaged in any of the following activities involving controlled substances:
(A) an investigation;
(B) an adjudication; or
(C) a prosecution of a violation under any State
or federal law that involves a controlled substance.
(3) A law enforcement officer who is:
(A) authorized by the Illinois State Police or
the office of a county sheriff or State's Attorney or municipal police department of Illinois to receive information of the type requested for the purpose of investigations involving controlled substances; or
(B) approved by the Department to receive
information of the type requested for the purpose of investigations involving controlled substances; and
(C) engaged in the investigation or prosecution
of a violation under any State or federal law that involves a controlled substance.
(e) Before the Department releases confidential information under
subsection (d), the applicant must demonstrate in writing to the Department that:
(1) the applicant has reason to believe that a
violation under any State or federal law that involves a controlled substance has occurred; and
(2) the requested information is reasonably related
to the investigation, adjudication, or prosecution of the violation described in subdivision (1).
(f) The Department may receive and release prescription record information under Section 316 and former Section 321 to:
(1) a governing
body that licenses practitioners;
(2) an investigator for the Consumer Protection
Division of the office of the Attorney General, a prosecuting attorney, the Attorney General, a deputy Attorney General, or an investigator from the office of the Attorney General;
(3) any Illinois law enforcement officer who is:
(A) authorized to receive the type of information
(B) approved by the Department to receive the
type of information released; or
(4) prescription monitoring entities in other states
per the provisions outlined in subsection (g) and (h) below;
confidential prescription record information collected under Sections 316 and 321 (now repealed) that identifies vendors or
practitioners, or both, who are prescribing or dispensing large quantities of
Schedule II, III, IV, or V controlled
substances outside the scope of their practice, pharmacy, or business, as determined by the Advisory Committee created by Section 320.
(g) The information described in subsection (f) may not be released until it
has been reviewed by an employee of the Department who is licensed as a
prescriber or a dispenser
and until that employee has certified
that further investigation is warranted. However, failure to comply with this
subsection (g) does not invalidate the use of any evidence that is otherwise
admissible in a proceeding described in subsection (h).
(h) An investigator or a law enforcement officer receiving confidential
information under subsection (c), (d), or (f) may disclose the information to a
law enforcement officer or an attorney for the office of the Attorney General
for use as evidence in the following:
(1) A proceeding under any State or federal law that
involves a controlled substance.
(2) A criminal proceeding or a proceeding in juvenile
court that involves a controlled substance.
(i) The Department may compile statistical reports from the
information described in subsection (a). The reports must not include
information that identifies, by name, license or address, any practitioner, dispenser, ultimate user, or other person
administering a controlled substance.
(j) Based upon federal, initial and maintenance funding, a prescriber and dispenser inquiry system shall be developed to assist the health care community in its goal of effective clinical practice and to prevent patients from diverting or abusing medications.
(1) An inquirer shall have read-only access to a
stand-alone database which shall contain records for the previous 12 months.
(2) Dispensers may, upon positive and secure
identification, make an inquiry on a patient or customer solely for a medical purpose as delineated within the federal HIPAA law.
(3) The Department shall provide a one-to-one secure
link and encrypted software necessary to establish the link between an inquirer and the Department. Technical assistance shall also be provided.
(4) Written inquiries are acceptable but must
include the fee and the requestor's Drug Enforcement Administration license number and submitted upon the requestor's business stationery.
(5) As directed by the Prescription Monitoring
Program Advisory Committee and the Clinical Director for the Prescription Monitoring Program, aggregate data that does not indicate any prescriber, practitioner, dispenser, or patient may be used for clinical studies.
(6) Tracking analysis shall be established and used
(7) Nothing in this Act or Illinois law shall be
construed to require a prescriber or dispenser to make use of this inquiry system.
(8) If there is an adverse outcome because of a
prescriber or dispenser making an inquiry, which is initiated in good faith, the prescriber or dispenser shall be held harmless from any civil liability.
(k) The Department shall establish, by rule, the process by which to evaluate possible erroneous association of prescriptions to any licensed prescriber or end user of the Illinois Prescription Information Library (PIL).
(l) The Prescription Monitoring Program Advisory Committee is authorized to evaluate the need for and method of establishing a patient specific identifier.
(m) Patients who identify prescriptions attributed to them that were not obtained by them shall be given access to their personal prescription history pursuant to the validation process as set forth by administrative rule.
(n) The Prescription Monitoring Program is authorized to develop operational push reports to entities with compatible electronic medical records. The process shall be covered within administrative rule established by the Department.
(o) Hospital emergency departments and freestanding healthcare facilities providing healthcare to walk-in patients may obtain, for the purpose of improving patient care, a unique identifier for each shift to utilize the PIL system.
(Source: P.A. 97-334, eff. 1-1-12; 97-813, eff. 7-13-12.)