State of Illinois
2013 and 2014


Introduced , by Rep. Robert Rita


720 ILCS 570/316

    Amends the Illinois Controlled Substances Act. Makes a technical change in a Section concerning the prescription monitoring program.

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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 Section 316 as follows:
6    (720 ILCS 570/316)
7    Sec. 316. Prescription monitoring program.
8    (a) The The Department must provide for a prescription
9monitoring program for Schedule II, III, IV, and V controlled
10substances that includes the following components and
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.
16            (B) The recipient's address.
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.
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 more than 7 days after
20    the date on which a controlled substance is dispensed, or
21    at such other time as may be required by the Department by
22    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 monitoring
13program certain other select drugs that are not included in
14Schedule II, III, IV, or V. The prescription monitoring program
15does not apply to controlled substance prescriptions as
16exempted 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(Source: P.A. 97-334, eff. 1-1-12.)