Public Act 100-0861
 
HB4907 EnrolledLRB100 20501 RLC 35867 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Controlled Substances Act is
amended by changing Sections 316 and 320 as follows:
 
    (720 ILCS 570/316)
    Sec. 316. Prescription Monitoring Program.
    (a) The Department must provide for a Prescription
Monitoring Program for Schedule II, III, IV, and V controlled
substances that includes the following components and
requirements:
        (1) The dispenser must transmit to the central
    repository, in a form and manner specified by the
    Department, the following information:
            (A) The recipient's name and address.
            (B) The recipient's date of birth and gender.
            (C) The national drug code number of the controlled
        substance dispensed.
            (D) The date the controlled substance is
        dispensed.
            (E) The quantity of the controlled substance
        dispensed and days supply.
            (F) The dispenser's United States Drug Enforcement
        Administration registration number.
            (G) The prescriber's United States Drug
        Enforcement Administration registration number.
            (H) The dates the controlled substance
        prescription is filled.
            (I) The payment type used to purchase the
        controlled substance (i.e. Medicaid, cash, third party
        insurance).
            (J) The patient location code (i.e. home, nursing
        home, outpatient, etc.) for the controlled substances
        other than those filled at a retail pharmacy.
            (K) Any additional information that may be
        required by the department by administrative rule,
        including but not limited to information required for
        compliance with the criteria for electronic reporting
        of the American Society for Automation and Pharmacy or
        its successor.
        (2) The information required to be transmitted under
    this Section must be transmitted not later than the end of
    the next business day after the date on which a controlled
    substance is dispensed, or at such other time as may be
    required by the Department by administrative rule.
        (3) A dispenser must transmit the information required
    under this Section by:
            (A) an electronic device compatible with the
        receiving device of the central repository;
            (B) a computer diskette;
            (C) a magnetic tape; or
            (D) a pharmacy universal claim form or Pharmacy
        Inventory Control form;
        (4) The Department may impose a civil fine of up to
    $100 per day for willful failure to report controlled
    substance dispensing to the Prescription Monitoring
    Program. The fine shall be calculated on no more than the
    number of days from the time the report was required to be
    made until the time the problem was resolved, and shall be
    payable to the Prescription Monitoring Program.
    (b) The Department, by rule, may include in the
Prescription Monitoring Program certain other select drugs
that are not included in Schedule II, III, IV, or V. The
Prescription Monitoring Program does not apply to controlled
substance prescriptions as exempted under Section 313.
    (c) The collection of data on select drugs and scheduled
substances by the Prescription Monitoring Program may be used
as a tool for addressing oversight requirements of long-term
care institutions as set forth by Public Act 96-1372. Long-term
care pharmacies shall transmit patient medication profiles to
the Prescription Monitoring Program monthly or more frequently
as established by administrative rule.
    (d) The Department of Human Services shall appoint a
full-time Clinical Director of the Prescription Monitoring
Program.
    (e) (Blank).
    (f) Within one year of the effective date of this
amendatory Act of the 100th General Assembly, the Department
shall adopt rules requiring all Electronic Health Records
Systems to interface with the Prescription Monitoring Program
application program on or before January 1, 2021 to ensure that
all providers have access to specific patient records during
the treatment of their patients. These rules shall also address
the electronic integration of pharmacy records with the
Prescription Monitoring Program to allow for faster
transmission of the information required under this Section.
The Department shall establish actions to be taken if a
prescriber's Electronic Health Records System does not
effectively interface with the Prescription Monitoring Program
within the required timeline.
    (g) The Department, 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 employed in that licensed prescriber's office or a
licensed designee in a 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. The rules shall include
reasonable parameters concerning a practitioner's authority to
authorize a designee, and the eligibility of a person to be
selected as a designee.
(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
 
    (720 ILCS 570/320)
    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 5 members, 3 physicians, and 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.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.