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


Rep. Cynthia Soto

Filed: 11/2/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 772, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Illinois Controlled Substances Act is
6amended by changing Sections 314.5 and 316 as follows:
7    (720 ILCS 570/314.5)
8    Sec. 314.5. Medication shopping; pharmacy shopping.
9    (a) It shall be unlawful for any person knowingly or
10intentionally to fraudulently obtain or fraudulently seek to
11obtain any controlled substance or prescription for a
12controlled substance from a prescriber or dispenser while being
13supplied with any controlled substance or prescription for a
14controlled substance by another prescriber or dispenser,
15without disclosing the fact of the existing controlled
16substance or prescription for a controlled substance to the



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1prescriber or dispenser from whom the subsequent controlled
2substance or prescription for a controlled substance is sought.
3    (b) It shall be unlawful for a person knowingly or
4intentionally to fraudulently obtain or fraudulently seek to
5obtain any controlled substance from a pharmacy while being
6supplied with any controlled substance by another pharmacy,
7without disclosing the fact of the existing controlled
8substance to the pharmacy from which the subsequent controlled
9substance is sought.
10    (c) A person may be in violation of Section 3.23 of the
11Illinois Food, Drug and Cosmetic Act or Section 406 of this Act
12when medication shopping or pharmacy shopping, or both.
13    (c-5) Effective January 1, 2018, each prescriber
14possessing an Illinois controlled substances license shall
15register with the Prescription Monitoring Program. Each
16prescriber or his or her designee shall also document an
17attempt to access patient information in the Prescription
18Monitoring Program to assess patient access to controlled
19substances when providing an initial prescription for Schedule
20II narcotics such as opioids, except for prescriptions for
21oncology treatment or palliative care, or a 7-day or less
22supply provided by a hospital emergency department when
23treating an acute, traumatic medical condition. This attempt to
24access shall be documented in the patient's medical record. The
25hospital shall facilitate the designation of a prescriber's
26designee for the purpose of accessing the Prescription



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1Monitoring Program for services provided at the hospital.
2    (d) When a person has been identified as having 3 or more
3prescribers or 3 or more pharmacies, or both, that do not
4utilize a common electronic file as specified in Section 20 of
5the Pharmacy Practice Act for controlled substances within the
6course of a continuous 30-day period, the Prescription
7Monitoring Program may issue an unsolicited report to the
8prescribers, dispensers, and their designees informing them of
9the potential medication shopping. If an unsolicited report is
10issued to a prescriber or prescribers, then the report must
11also be sent to the applicable dispensing pharmacy.
12    (e) Nothing in this Section shall be construed to create a
13requirement that any prescriber, dispenser, or pharmacist
14request any patient medication disclosure, report any patient
15activity, or prescribe or refuse to prescribe or dispense any
17    (f) This Section shall not be construed to apply to
18inpatients or residents at hospitals or other institutions or
19to institutional pharmacies.
20    (g) Any patient feedback, including grades, ratings, or
21written or verbal statements, in opposition to a clinical
22decision that the prescription of a controlled substance is not
23medically necessary shall not be the basis of any adverse
24action, evaluation, or any other type of negative
25credentialing, contracting, licensure, or employment action
26taken against a prescriber or dispenser.



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1(Source: P.A. 99-480, eff. 9-9-15.)
2    (720 ILCS 570/316)
3    Sec. 316. Prescription Monitoring Program monitoring
5    (a) The Department must provide for a Prescription
6Monitoring Program prescription monitoring program for
7Schedule II, III, IV, and V controlled substances that includes
8the following components and requirements:
9        (1) The dispenser must transmit to the central
10    repository, in a form and manner specified by the
11    Department, the following information:
12            (A) The recipient's name and address.
13            (B) The recipient's date of birth and gender.
14            (C) The national drug code number of the controlled
15        substance dispensed.
16            (D) The date the controlled substance is
17        dispensed.
18            (E) The quantity of the controlled substance
19        dispensed and days supply.
20            (F) The dispenser's United States Drug Enforcement
21        Administration registration number.
22            (G) The prescriber's United States Drug
23        Enforcement Administration registration number.
24            (H) The dates the controlled substance
25        prescription is filled.



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



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1    $100 per day for willful failure to report controlled
2    substance dispensing to the Prescription Monitoring
3    Program. The fine shall be calculated on no more than the
4    number of days from the time the report was required to be
5    made until the time the problem was resolved, and shall be
6    payable to the Prescription Monitoring Program.
7    (b) The Department, by rule, may include in the
8Prescription Monitoring Program monitoring program certain
9other select drugs that are not included in Schedule II, III,
10IV, or V. The Prescription Monitoring Program prescription
11monitoring program does not apply to controlled substance
12prescriptions as exempted under Section 313.
13    (c) The collection of data on select drugs and scheduled
14substances by the Prescription Monitoring Program may be used
15as a tool for addressing oversight requirements of long-term
16care institutions as set forth by Public Act 96-1372. Long-term
17care pharmacies shall transmit patient medication profiles to
18the Prescription Monitoring Program monthly or more frequently
19as established by administrative rule.
20    (d) The Department of Human Services shall appoint a
21full-time Clinical Director of the Prescription Monitoring
23    (e) (Blank). Within one year of the effective date of this
24amendatory Act of the 99th General Assembly, the Department
25shall adopt rules establishing pilot initiatives involving a
26cross-section of hospitals in this State to increase electronic



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1integration of a hospital's electronic health record with the
2Prescription Monitoring Program on or before January 1, 2019 to
3ensure all providers have timely access to relevant
4prescription information during the treatment of their
5patients. These rules shall also establish pilots that enhance
6the electronic integration of outpatient pharmacy records with
7the Prescription Monitoring Program to allow for faster
8transmission of the information required under this Section. In
9collaboration with the Department of Human Services, the
10Prescription Monitoring Program Advisory Committee shall
11identify funding sources to support the pilot projects in this
12Section and distribution of funds shall be based on voluntary
13and incentive-based models. The rules adopted by the Department
14shall also ensure that the Department continues to monitor
15updates in Electronic Health Record Technology and how other
16states have integrated their prescription monitoring databases
17with Electronic Health Records.
18    (f) Within one year of the effective date of this
19amendatory Act of the 100th General Assembly, the Department
20shall adopt rules requiring all Electronic Health Records
21Systems to interface with the Prescription Monitoring Program
22application program on or before January 1, 2021 to ensure that
23all providers have access to specific patient records during
24the treatment of their patients. These rules shall also address
25the electronic integration of pharmacy records with the
26Prescription Monitoring Program to allow for faster



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1transmission of the information required under this Section.
2The Department shall establish actions to be taken if a
3prescriber's Electronic Health Records System does not
4effectively interface with the Prescription Monitoring Program
5within the required timeline.
6    (g) The Department, in consultation with the Advisory
7Committee, shall adopt rules allowing licensed prescribers or
8pharmacists who have registered to access the Prescription
9Monitoring Program to authorize a designee to consult the
10Prescription Monitoring Program on their behalf. The rules
11shall include reasonable parameters concerning a
12practitioner's authority to authorize a designee, and the
13eligibility of a person to be selected as a designee.
14(Source: P.A. 99-480, eff. 9-9-15.)
15    Section 99. Effective date. This Act takes effect on
16January 1, 2018.".