Full Text of HB0163 101st General Assembly
HB0163eng 101ST GENERAL ASSEMBLY
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Illinois Controlled Substances Act is
amended by changing Section 316 as follows:
(720 ILCS 570/316)
Prescription Monitoring Program.
(a) The Department must provide for a
Monitoring Program for Schedule II, III, IV, and V controlled
substances that includes the following components and
dispenser must transmit to the
repository, in a form and manner specified by the
Department, the following information:
(A) The recipient's name and address.
(B) The recipient's date of birth and gender.
(C) The national drug code number of the controlled
(D) The date the controlled substance is
(E) The quantity of the controlled substance
dispensed and days supply.
(F) The dispenser's United States Drug Enforcement
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(G) The prescriber's United States Drug
(H) The dates the controlled substance
prescription is filled.
(I) The payment type used to purchase the
controlled substance (i.e. Medicaid, cash, third party
(J) The patient location code (i.e. home, nursing
home, outpatient, etc.) for the controlled substances
other than those filled at a retail pharmacy.
(K) Any additional information that may be
required by the department by administrative rule,
including but not limited to information required for
compliance with the criteria for electronic reporting
of the American Society for Automation and Pharmacy or
(2) The information required to be transmitted under
this Section must be
transmitted not later than the end of
after the date
on which a
substance is dispensed, or at such other time as may be
required by the Department by administrative rule.
(3) A dispenser must transmit the information required
under this Section
(A) an electronic device compatible with the
receiving device of the
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(B) a computer diskette;
(C) a magnetic tape; or
(D) a pharmacy universal claim form or Pharmacy
Inventory Control form
(4) The Department may impose a civil fine of up to
$100 per day for willful failure to report controlled
substance dispensing to the Prescription Monitoring
Program. The fine shall be calculated on no more than the
number of days from the time the report was required to be
made until the time the problem was resolved, and shall be
payable to the Prescription Monitoring Program.
(b) The Department, by rule, may include in the
Prescription Monitoring Program certain other select drugs
that are not included in Schedule II, III, IV, or V. The
Prescription Monitoring Program does not apply to
substance prescriptions as exempted under Section
(c) The collection of data on select drugs and scheduled
substances by the Prescription Monitoring Program may be used
as a tool for addressing oversight requirements of long-term
care institutions as set forth by Public Act 96-1372. Long-term
care pharmacies shall transmit patient medication profiles to
the Prescription Monitoring Program monthly or more frequently
as established by administrative rule.
(d) The Department of Human Services shall appoint a
full-time Clinical Director of the Prescription Monitoring
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(f) Within one year of
January 1, 2018 (
the effective date
this amendatory Act of the 100th General Assembly
the Department shall adopt rules requiring all Electronic
Health Records Systems to interface with the Prescription
Monitoring Program application program on or before January 1,
2021 to ensure that all providers have access to specific
patient records during the treatment of their patients. These
rules shall also address the electronic integration of pharmacy
records with the Prescription Monitoring Program to allow for
faster transmission of the information required under this
Section. The Department shall establish actions to be taken if
a prescriber's Electronic Health Records System does not
effectively interface with the Prescription Monitoring Program
within the required timeline.
(g) The Department, in consultation with the Advisory
Committee, shall adopt rules allowing licensed prescribers or
pharmacists who have registered to access the Prescription
Monitoring Program to authorize a licensed or non-licensed
designee employed in that licensed prescriber's office or a
licensed designee in a licensed pharmacist's pharmacy
has received training in the federal Health Insurance
Portability and Accountability Act to consult the Prescription
Monitoring Program on their behalf. The rules shall include
reasonable parameters concerning a practitioner's authority to
authorize a designee, and the eligibility of a person to be
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selected as a designee. In this subsection (g), "pharmacist"
shall include a clinical pharmacist employed by and designated
by a Medicaid Managed Care Organization providing services
under Article V of the Illinois Public Aid Code under a
contract with the Department of
Services for the sole purpose of clinical review of services
provided to persons covered by the entity under the contract to
determine compliance with subsections (a) and (b) of Section
314.5 of this Act. A managed care entity pharmacist shall
notify prescribers of review activities.
(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18;
100-861, eff. 8-14-18; 100-1005, eff. 8-21-18; 100-1093, eff.
8-26-18; revised 10-9-18.)