Illinois General Assembly - Full Text of SB0772
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Full Text of SB0772  100th General Assembly




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1    AN ACT concerning regulation.
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    (b) It shall be unlawful for a person knowingly or
19intentionally to fraudulently obtain or fraudulently seek to
20obtain any controlled substance from a pharmacy while being
21supplied with any controlled substance by another pharmacy,
22without disclosing the fact of the existing controlled
23substance to the pharmacy from which the subsequent controlled



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1substance is sought.
2    (c) A person may be in violation of Section 3.23 of the
3Illinois Food, Drug and Cosmetic Act or Section 406 of this Act
4when medication shopping or pharmacy shopping, or both.
5    (c-5) Effective January 1, 2018, each prescriber
6possessing an Illinois controlled substances license shall
7register with the Prescription Monitoring Program. Each
8prescriber or his or her designee shall also document an
9attempt to access patient information in the Prescription
10Monitoring Program to assess patient access to controlled
11substances when providing an initial prescription for Schedule
12II narcotics such as opioids, except for prescriptions for
13oncology treatment or palliative care, or a 7-day or less
14supply provided by a hospital emergency department when
15treating an acute, traumatic medical condition. This attempt to
16access shall be documented in the patient's medical record. The
17hospital shall facilitate the designation of a prescriber's
18designee for the purpose of accessing the Prescription
19Monitoring Program for services provided at the hospital.
20    (d) When a person has been identified as having 3 or more
21prescribers or 3 or more pharmacies, or both, that do not
22utilize a common electronic file as specified in Section 20 of
23the Pharmacy Practice Act for controlled substances within the
24course of a continuous 30-day period, the Prescription
25Monitoring Program may issue an unsolicited report to the
26prescribers, dispensers, and their designees informing them of



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1the potential medication shopping. If an unsolicited report is
2issued to a prescriber or prescribers, then the report must
3also be sent to the applicable dispensing pharmacy.
4    (e) Nothing in this Section shall be construed to create a
5requirement that any prescriber, dispenser, or pharmacist
6request any patient medication disclosure, report any patient
7activity, or prescribe or refuse to prescribe or dispense any
9    (f) This Section shall not be construed to apply to
10inpatients or residents at hospitals or other institutions or
11to institutional pharmacies.
12    (g) Any patient feedback, including grades, ratings, or
13written or verbal statements, in opposition to a clinical
14decision that the prescription of a controlled substance is not
15medically necessary shall not be the basis of any adverse
16action, evaluation, or any other type of negative
17credentialing, contracting, licensure, or employment action
18taken against a prescriber or dispenser.
19(Source: P.A. 99-480, eff. 9-9-15.)
20    (720 ILCS 570/316)
21    Sec. 316. Prescription Monitoring Program monitoring
23    (a) The Department must provide for a Prescription
24Monitoring Program prescription monitoring program for
25Schedule II, III, IV, and V controlled substances that includes



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1the following components and requirements:
2        (1) The dispenser must transmit to the central
3    repository, in a form and manner specified by the
4    Department, the following information:
5            (A) The recipient's name and address.
6            (B) The recipient's date of birth and gender.
7            (C) The national drug code number of the controlled
8        substance dispensed.
9            (D) The date the controlled substance is
10        dispensed.
11            (E) The quantity of the controlled substance
12        dispensed and days supply.
13            (F) The dispenser's United States Drug Enforcement
14        Administration registration number.
15            (G) The prescriber's United States Drug
16        Enforcement Administration registration number.
17            (H) The dates the controlled substance
18        prescription is filled.
19            (I) The payment type used to purchase the
20        controlled substance (i.e. Medicaid, cash, third party
21        insurance).
22            (J) The patient location code (i.e. home, nursing
23        home, outpatient, etc.) for the controlled substances
24        other than those filled at a retail pharmacy.
25            (K) Any additional information that may be
26        required by the department by administrative rule,



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1        including but not limited to information required for
2        compliance with the criteria for electronic reporting
3        of the American Society for Automation and Pharmacy or
4        its successor.
5        (2) The information required to be transmitted under
6    this Section must be transmitted not later than the end of
7    the next business day after the date on which a controlled
8    substance is dispensed, or at such other time as may be
9    required by the Department by administrative rule.
10        (3) A dispenser must transmit the information required
11    under this Section by:
12            (A) an electronic device compatible with the
13        receiving device of the central repository;
14            (B) a computer diskette;
15            (C) a magnetic tape; or
16            (D) a pharmacy universal claim form or Pharmacy
17        Inventory Control form;
18        (4) The Department may impose a civil fine of up to
19    $100 per day for willful failure to report controlled
20    substance dispensing to the Prescription Monitoring
21    Program. The fine shall be calculated on no more than the
22    number of days from the time the report was required to be
23    made until the time the problem was resolved, and shall be
24    payable to the Prescription Monitoring Program.
25    (b) The Department, by rule, may include in the
26Prescription Monitoring Program monitoring program certain



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1other select drugs that are not included in Schedule II, III,
2IV, or V. The Prescription Monitoring Program prescription
3monitoring program does not apply to controlled substance
4prescriptions as exempted under Section 313.
5    (c) The collection of data on select drugs and scheduled
6substances by the Prescription Monitoring Program may be used
7as a tool for addressing oversight requirements of long-term
8care institutions as set forth by Public Act 96-1372. Long-term
9care pharmacies shall transmit patient medication profiles to
10the Prescription Monitoring Program monthly or more frequently
11as established by administrative rule.
12    (d) The Department of Human Services shall appoint a
13full-time Clinical Director of the Prescription Monitoring
15    (e) (Blank). Within one year of the effective date of this
16amendatory Act of the 99th General Assembly, the Department
17shall adopt rules establishing pilot initiatives involving a
18cross-section of hospitals in this State to increase electronic
19integration of a hospital's electronic health record with the
20Prescription Monitoring Program on or before January 1, 2019 to
21ensure all providers have timely access to relevant
22prescription information during the treatment of their
23patients. These rules shall also establish pilots that enhance
24the electronic integration of outpatient pharmacy records with
25the Prescription Monitoring Program to allow for faster
26transmission of the information required under this Section. In



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1collaboration with the Department of Human Services, the
2Prescription Monitoring Program Advisory Committee shall
3identify funding sources to support the pilot projects in this
4Section and distribution of funds shall be based on voluntary
5and incentive-based models. The rules adopted by the Department
6shall also ensure that the Department continues to monitor
7updates in Electronic Health Record Technology and how other
8states have integrated their prescription monitoring databases
9with Electronic Health Records.
10    (f) Within one year of the effective date of this
11amendatory Act of the 100th General Assembly, the Department
12shall adopt rules requiring all Electronic Health Records
13Systems to interface with the Prescription Monitoring Program
14application program on or before January 1, 2021 to ensure that
15all providers have access to specific patient records during
16the treatment of their patients. These rules shall also address
17the electronic integration of pharmacy records with the
18Prescription Monitoring Program to allow for faster
19transmission of the information required under this Section.
20The Department shall establish actions to be taken if a
21prescriber's Electronic Health Records System does not
22effectively interface with the Prescription Monitoring Program
23within the required timeline.
24    (g) The Department, in consultation with the Advisory
25Committee, shall adopt rules allowing licensed prescribers or
26pharmacists who have registered to access the Prescription



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1Monitoring Program to authorize a designee to consult the
2Prescription Monitoring Program on their behalf. The rules
3shall include reasonable parameters concerning a
4practitioner's authority to authorize a designee, and the
5eligibility of a person to be selected as a designee.
6(Source: P.A. 99-480, eff. 9-9-15.)
7    Section 99. Effective date. This Act takes effect on
8January 1, 2018.