Illinois General Assembly - Full Text of SB1844
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Full Text of SB1844  102nd General Assembly

SB1844 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1844

 

Introduced 2/26/2021, by Sen. Mattie Hunter

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 570/316

    Amends the Illinois Controlled Substances Act. Provides that specified requirements also apply to opioid treatment programs that are licensed or certified by the Department of Human Services's Division of Substance Use Prevention and Recovery and are authorized by the federal Drug Enforcement Administration to prescribe Schedule II, III, IV, or V controlled substances for the treatment of opioid use disorders. Requires opioid treatment programs to attempt to obtain written patient consent, document attempts to obtain the written consent, and not transmit information without patient consent. Provides that the documentation obtained shall not be utilized for law enforcement purposes. Provides that treatment of a patient shall not be conditioned upon his or her written consent. Makes other changes.


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A BILL FOR

 

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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. Findings. The General Assembly finds that:
5        (1) Prior to August of 2020, the federal Substance
6    Abuse and Mental Health Services Administration (SAMHSA)
7    and the federal Confidentiality of Substance Use Disorder
8    Patient Records set forth at 42 CFR 2, prohibited the
9    sharing of substance use disorder treatment information by
10    opioid treatment programs with prescription monitoring
11    programs.
12        (2) In August 2020, SAMHSA amended 42 CFR 2 to permit
13    the sharing of substance use disorder treatment
14    information by opioid treatment programs with prescription
15    monitoring programs.
16        (3) In light of the federal modification to 42 CFR 2
17    and the protections available under federal and State law
18    and the express requirement of patient consent, the
19    reporting by opioid treatment programs to the prescription
20    monitoring program is permitted and will allow for better
21    coordination of care among treating providers.
 
22    Section 10. The Illinois Controlled Substances Act is
23amended by changing Section 316 as follows:
 

 

 

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1    (720 ILCS 570/316)
2    Sec. 316. Prescription Monitoring Program.
3    (a) The Department must provide for a Prescription
4Monitoring Program for Schedule II, III, IV, and V controlled
5substances that includes the following components and
6requirements:
7        (1) The dispenser must transmit to the central
8    repository, in a form and manner specified by the
9    Department, the following information:
10            (A) The recipient's name and address.
11            (B) The recipient's date of birth and gender.
12            (C) The national drug code number of the
13        controlled substance dispensed.
14            (D) The date the controlled substance is
15        dispensed.
16            (E) The quantity of the controlled substance
17        dispensed and days supply.
18            (F) The dispenser's United States Drug Enforcement
19        Administration registration number.
20            (G) The prescriber's United States Drug
21        Enforcement Administration registration number.
22            (H) The dates the controlled substance
23        prescription is filled.
24            (I) The payment type used to purchase the
25        controlled substance (i.e. Medicaid, cash, third party

 

 

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1        insurance).
2            (J) The patient location code (i.e. home, nursing
3        home, outpatient, etc.) for the controlled substances
4        other than those filled at a retail pharmacy.
5            (K) Any additional information that may be
6        required by the department by administrative rule,
7        including but not limited to information required for
8        compliance with the criteria for electronic reporting
9        of the American Society for Automation and Pharmacy or
10        its successor.
11        (2) The information required to be transmitted under
12    this Section must be transmitted not later than the end of
13    the next business day after the date on which a controlled
14    substance is dispensed, or at such other time as may be
15    required by the Department by administrative rule.
16        (3) A dispenser must transmit the information required
17    under this Section by:
18            (A) an electronic device compatible with the
19        receiving device of the central repository;
20            (B) a computer diskette;
21            (C) a magnetic tape; or
22            (D) a pharmacy universal claim form or Pharmacy
23        Inventory Control form.
24        (3.5) The requirements of paragraphs (1), (2), and (3)
25    of this subsection also apply to opioid treatment programs
26    that are licensed or certified by the Department of Human

 

 

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1    Services's Division of Substance Use Prevention and
2    Recovery and are authorized by the federal Drug
3    Enforcement Administration to prescribe Schedule II, III,
4    IV, or V controlled substances for the treatment of opioid
5    use disorders. Opioid treatment programs shall attempt to
6    obtain written patient consent, shall document attempts to
7    obtain the written consent, and shall not transmit
8    information without patient consent. Documentation
9    obtained under this paragraph shall not be utilized for
10    law enforcement purposes, as proscribed under 42 CFR 2, as
11    amended by 42 U.S.C. 290dd-2. Treatment of a patient shall
12    not be conditioned upon his or her written consent.
13        (4) The Department may impose a civil fine of up to
14    $100 per day for willful failure to report controlled
15    substance dispensing to the Prescription Monitoring
16    Program. The fine shall be calculated on no more than the
17    number of days from the time the report was required to be
18    made until the time the problem was resolved, and shall be
19    payable to the Prescription Monitoring Program.
20    (a-5) Notwithstanding subsection (a), a licensed
21veterinarian is exempt from the reporting requirements of this
22Section. If a person who is presenting an animal for treatment
23is suspected of fraudulently obtaining any controlled
24substance or prescription for a controlled substance, the
25licensed veterinarian shall report that information to the
26local law enforcement agency.

 

 

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1    (b) The Department, by rule, may include in the
2Prescription Monitoring Program certain other select drugs
3that are not included in Schedule II, III, IV, or V. The
4Prescription Monitoring Program does not apply to controlled
5substance prescriptions as exempted under Section 313.
6    (c) The collection of data on select drugs and scheduled
7substances by the Prescription Monitoring Program may be used
8as a tool for addressing oversight requirements of long-term
9care institutions as set forth by Public Act 96-1372.
10Long-term care pharmacies shall transmit patient medication
11profiles to the Prescription Monitoring Program monthly or
12more frequently as established by administrative rule.
13    (d) The Department of Human Services shall appoint a
14full-time Clinical Director of the Prescription Monitoring
15Program.
16    (e) (Blank).
17    (f) Within one year of January 1, 2018 (the effective date
18of Public Act 100-564), the Department shall adopt rules
19requiring all Electronic Health Records Systems to interface
20with the Prescription Monitoring Program application program
21on or before January 1, 2021 to ensure that all providers have
22access to specific patient records during the treatment of
23their patients. These rules shall also address the electronic
24integration of pharmacy records with the Prescription
25Monitoring Program to allow for faster transmission of the
26information required under this Section. The Department shall

 

 

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1establish actions to be taken if a prescriber's Electronic
2Health Records System does not effectively interface with the
3Prescription Monitoring Program within the required timeline.
4    (g) The Department, in consultation with the Prescription
5Monitoring Program Advisory Committee, shall adopt rules
6allowing licensed prescribers or pharmacists who have
7registered to access the Prescription Monitoring Program to
8authorize a licensed or non-licensed designee employed in that
9licensed prescriber's office or a licensed designee in a
10licensed pharmacist's pharmacy who has received training in
11the federal Health Insurance Portability and Accountability
12Act and 42 CFR 2 to consult the Prescription Monitoring
13Program on their behalf. The rules shall include reasonable
14parameters concerning a practitioner's authority to authorize
15a designee, and the eligibility of a person to be selected as a
16designee. In this subsection (g), "pharmacist" shall include a
17clinical pharmacist employed by and designated by a Medicaid
18Managed Care Organization providing services under Article V
19of the Illinois Public Aid Code under a contract with the
20Department of Healthcare and Family Services for the sole
21purpose of clinical review of services provided to persons
22covered by the entity under the contract to determine
23compliance with subsections (a) and (b) of Section 314.5 of
24this Act. A managed care entity pharmacist shall notify
25prescribers of review activities.
26(Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18;

 

 

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1100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff.
27-12-19; 101-414, eff. 8-16-19.)