SB1607 EngrossedLRB100 11093 RLC 21351 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 314.5 and 316 as follows:
 
6    (720 ILCS 570/314.5)
7    Sec. 314.5. Medication shopping; pharmacy shopping.
8    (a) It shall be unlawful for any person knowingly or
9intentionally to fraudulently obtain or fraudulently seek to
10obtain any controlled substance or prescription for a
11controlled substance from a prescriber or dispenser while being
12supplied with any controlled substance or prescription for a
13controlled substance by another prescriber or dispenser,
14without disclosing the fact of the existing controlled
15substance or prescription for a controlled substance to the
16prescriber or dispenser from whom the subsequent controlled
17substance or prescription for a controlled substance is sought.
18    (a-5) Before issuing a prescription for a Schedule II, III,
19IV, or V controlled substance, a prescriber or his or her
20designee shall access the prescription monitoring program to
21determine compliance with this Section. A prescriber who
22prescribes a Schedule II, III, IV, or V controlled substance in
23the course of oncology treatment, a condition associated with

 

 

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1oncology, or hospice care is exempt from having to check the
2Prescription Monitoring Program prior to prescribing the
3controlled substance.
4    (b) It shall be unlawful for a person knowingly or
5intentionally to fraudulently obtain or fraudulently seek to
6obtain any controlled substance from a pharmacy while being
7supplied with any controlled substance by another pharmacy,
8without disclosing the fact of the existing controlled
9substance to the pharmacy from which the subsequent controlled
10substance is sought.
11    (c) A person may be in violation of Section 3.23 of the
12Illinois Food, Drug and Cosmetic Act or Section 406 of this Act
13when medication shopping or pharmacy shopping, or both.
14    (d) When a person has been identified as having 3 or more
15prescribers or 3 or more pharmacies, or both, that do not
16utilize a common electronic file as specified in Section 20 of
17the Pharmacy Practice Act for controlled substances within the
18course of a continuous 30-day period, the Prescription
19Monitoring Program may issue an unsolicited report to the
20prescribers, dispensers, and their designees informing them of
21the potential medication shopping. If an unsolicited report is
22issued to a prescriber or prescribers, then the report must
23also be sent to the applicable dispensing pharmacy.
24    (e) Nothing in this Section shall be construed to create a
25requirement that any prescriber, dispenser, or pharmacist
26request any patient medication disclosure, report any patient

 

 

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1activity, or prescribe or refuse to prescribe or dispense any
2medications.
3    (f) This Section shall not be construed to apply to
4inpatients or residents at hospitals or other institutions or
5to institutional pharmacies.
6    (g) Any patient feedback, including grades, ratings, or
7written or verbal statements, in opposition to a clinical
8decision that the prescription of a controlled substance is not
9medically necessary shall not be the basis of any adverse
10action, evaluation, or any other type of negative
11credentialing, contracting, licensure, or employment action
12taken against a prescriber or dispenser.
13(Source: P.A. 99-480, eff. 9-9-15.)
 
14    (720 ILCS 570/316)
15    Sec. 316. Prescription monitoring program.
16    (a) The Department must provide for a prescription
17monitoring program for Schedule II, III, IV, and V controlled
18substances that includes the following components and
19requirements:
20        (1) The dispenser must transmit to the central
21    repository, in a form and manner specified by the
22    Department, the following information:
23            (A) The recipient's name and address.
24            (B) The recipient's date of birth and gender.
25            (C) The national drug code number of the controlled

 

 

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

 

 

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

 

 

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1care pharmacies shall transmit patient medication profiles to
2the Prescription Monitoring Program monthly or more frequently
3as established by administrative rule.
4    (d) The Department of Human Services shall appoint a
5full-time Clinical Director of the Prescription Monitoring
6Program.
7    (e) (Blank). Within one year of the effective date of this
8amendatory Act of the 99th General Assembly, the Department
9shall adopt rules establishing pilot initiatives involving a
10cross-section of hospitals in this State to increase electronic
11integration of a hospital's electronic health record with the
12Prescription Monitoring Program on or before January 1, 2019 to
13ensure all providers have timely access to relevant
14prescription information during the treatment of their
15patients. These rules shall also establish pilots that enhance
16the electronic integration of outpatient pharmacy records with
17the Prescription Monitoring Program to allow for faster
18transmission of the information required under this Section. In
19collaboration with the Department of Human Services, the
20Prescription Monitoring Program Advisory Committee shall
21identify funding sources to support the pilot projects in this
22Section and distribution of funds shall be based on voluntary
23and incentive-based models. The rules adopted by the Department
24shall also ensure that the Department continues to monitor
25updates in Electronic Health Record Technology and how other
26states have integrated their prescription monitoring databases

 

 

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1with Electronic Health Records.
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 designee to consult the
20Prescription Monitoring Program on their behalf. The rules
21shall include reasonable parameters concerning a
22practitioner's authority to authorize a designee, and the
23eligibility of a person to be selected as a designee.
24(Source: P.A. 99-480, eff. 9-9-15.)