Full Text of HB0445 96th General Assembly
HB0445sam003 96TH GENERAL ASSEMBLY
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Sen. Heather Steans
Filed: 5/12/2009
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| AMENDMENT TO HOUSE BILL 445
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| AMENDMENT NO. ______. Amend House Bill 445 on page 1, line | 3 |
| 5, by inserting "318," after "204,"; and
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| on page 11, by inserting immediately below line 3 the | 5 |
| following:
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| "(720 ILCS 570/318)
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| Sec. 318. Confidentiality of information.
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| (a) Information received by the central repository under | 9 |
| Section 316 and 321
is confidential.
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| (b) The Department must carry out a program to protect the
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| confidentiality of the information described in subsection | 12 |
| (a). The Department
may
disclose the information to another | 13 |
| person only under
subsection (c), (d), or (f) and may charge a | 14 |
| fee not to exceed the actual cost
of
furnishing the
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| information.
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| (c) The Department may disclose confidential information |
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| described
in subsection (a) to any person who is engaged in | 2 |
| receiving, processing, or
storing the information.
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| (d) The Department may release confidential information | 4 |
| described
in subsection (a) to the following persons:
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| (1) A governing body
that licenses practitioners and is | 6 |
| engaged in an investigation, an
adjudication,
or a | 7 |
| prosecution of a violation under any State or federal law | 8 |
| that involves a
controlled substance.
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| (2) An investigator for the Consumer Protection | 10 |
| Division of the office of
the Attorney General, a | 11 |
| prosecuting attorney, the Attorney General, a deputy
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| Attorney General, or an investigator from the office of the | 13 |
| Attorney General,
who is engaged in any of the following | 14 |
| activities involving controlled
substances:
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| (A) an investigation;
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| (B) an adjudication; or
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| (C) a prosecution
of a violation under any State or | 18 |
| federal law that involves a controlled
substance.
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| (3) A law enforcement officer who is:
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| (A) authorized by the Department of State Police or | 21 |
| the office of a county sheriff or State's Attorney or
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| municipal police department of Illinois to receive
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| information
of the type requested for the purpose of | 24 |
| investigations involving controlled
substances; or
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| (B) approved by the Department to receive | 26 |
| information of the
type requested for the purpose of |
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| investigations involving controlled
substances; and
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| (C) engaged in the investigation or prosecution of | 3 |
| a violation
under
any State or federal law that | 4 |
| involves a controlled substance.
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| (e) Before the Department releases confidential | 6 |
| information under
subsection (d), the applicant must | 7 |
| demonstrate in writing to the Department that:
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| (1) the applicant has reason to believe that a | 9 |
| violation under any
State or
federal law that involves a | 10 |
| controlled substance has occurred; and
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| (2) the requested information is reasonably related to | 12 |
| the investigation,
adjudication, or prosecution of the | 13 |
| violation described in subdivision (1).
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| (f) The Department may receive and release prescription | 15 |
| record information to:
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| (1) a governing
body that licenses practitioners;
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| (2) an investigator for the Consumer Protection | 18 |
| Division of the office of
the Attorney General, a | 19 |
| prosecuting attorney, the Attorney General, a deputy
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| Attorney General, or an investigator from the office of the | 21 |
| Attorney General;
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| (3) any Illinois law enforcement officer who is:
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| (A) authorized to receive the type of
information | 24 |
| released; and
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| (B) approved by the Department to receive the type | 26 |
| of
information released; or
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| (4) prescription monitoring entities in other states | 2 |
| per the provisions outlined in subsection (g) and (h) | 3 |
| below;
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| confidential prescription record information collected under | 5 |
| Sections 316 and 321 that identifies vendors or
practitioners, | 6 |
| or both, who are prescribing or dispensing large quantities of
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| Schedule II, III, IV, or V controlled
substances outside the | 8 |
| scope of their practice, pharmacy, or business, as determined | 9 |
| by the Advisory Committee created by Section 320.
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| (g) The information described in subsection (f) may not be | 11 |
| released until it
has been reviewed by an employee of the | 12 |
| Department who is licensed as a
prescriber or a dispenser
and | 13 |
| until that employee has certified
that further investigation is | 14 |
| warranted. However, failure to comply with this
subsection (g) | 15 |
| does not invalidate the use of any evidence that is otherwise
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| admissible in a proceeding described in subsection (h).
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| (h) An investigator or a law enforcement officer receiving | 18 |
| confidential
information under subsection (c), (d), or (f) may | 19 |
| disclose the information to a
law enforcement officer or an | 20 |
| attorney for the office of the Attorney General
for use as | 21 |
| evidence in the following:
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| (1) A proceeding under any State or federal law that | 23 |
| involves a
controlled substance.
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| (2) A criminal proceeding or a proceeding in juvenile | 25 |
| court that involves
a controlled substance.
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| (i) The Department may compile statistical reports from the
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| information described in subsection (a). The reports must not | 2 |
| include
information that identifies, by name, license or | 3 |
| address, any practitioner, dispenser, ultimate user, or other | 4 |
| person
administering a controlled substance.
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| (j) Based upon federal, initial and maintenance funding, a | 6 |
| prescriber and dispenser inquiry system shall be developed to | 7 |
| assist the medical community in its goal of effective clinical | 8 |
| practice and to prevent patients from diverting or abusing | 9 |
| medications.
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| (1) An inquirer shall have read-only access to a | 11 |
| stand-alone database which shall contain records for the | 12 |
| previous 6 months. | 13 |
| (2) Dispensers may, upon positive and secure | 14 |
| identification, make an inquiry on a patient or customer | 15 |
| solely for a medical purpose as delineated within the | 16 |
| federal HIPAA law. | 17 |
| (3) The Department shall provide a one-to-one secure | 18 |
| link and encrypted software necessary to establish the link | 19 |
| between an inquirer and the Department. Technical | 20 |
| assistance shall also be provided. | 21 |
| (4) Written inquiries are acceptable but must include | 22 |
| the fee and the requestor's Drug Enforcement | 23 |
| Administration license number and submitted upon the | 24 |
| requestor's business stationary. | 25 |
| (5) No data shall be stored in the database beyond 24 | 26 |
| months. |
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| (6) Tracking analysis shall be established and used per | 2 |
| administrative rule. | 3 |
| (7) Nothing in this Act or Illinois law shall be | 4 |
| construed to require a prescriber or dispenser to make use | 5 |
| of this inquiry system.
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| (8) If there is an adverse outcome because of a | 7 |
| prescriber or dispenser making an inquiry, which is | 8 |
| initiated in good faith, the prescriber or dispenser shall | 9 |
| be held harmless from any civil liability.
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| (k) Based upon federal and initial and maintenance funding, | 11 |
| unless appropriated or otherwise authorized by the General | 12 |
| Assembly, a restricted and secure inquiry system shall be | 13 |
| developed to assist the law enforcement community in its goal | 14 |
| to enforce federal and State law as well as local ordinances | 15 |
| related to prescription medications.
Criteria for the inquiry | 16 |
| system shall follow the criteria provided in subsection (j), | 17 |
| except that the records shall be for the previous 24 months and | 18 |
| with the addition that any person making an inquiry must attest | 19 |
| that the inquiry is strictly for the purpose of conducting a | 20 |
| probable cause investigation only. | 21 |
| (Source: P.A. 95-442, eff. 1-1-08.)".
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