Illinois General Assembly - Full Text of HB0163
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Full Text of HB0163  101st General Assembly


Sen. Antonio Muñoz

Filed: 5/3/2019





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2    AMENDMENT NO. ______. Amend House Bill 163 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The State Finance Act is amended by adding
5Section 5.891 as follows:
6    (30 ILCS 105/5.891 new)
7    Sec. 5.891. The Prescription Monitoring Program Fund.
8    Section 10. The Illinois Controlled Substances Act is
9amended by changing Section 316 and by adding Section 322 as
11    (720 ILCS 570/316)
12    Sec. 316. Prescription Monitoring Program.
13    (a) The Department must provide for a Prescription
14Monitoring Program for Schedule II, III, IV, and V controlled



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



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1        required by the department by administrative rule,
2        including but not limited to information required for
3        compliance with the criteria for electronic reporting
4        of the American Society for Automation and Pharmacy or
5        its successor.
6        (2) Any information transmitted to the Prescription
7    Monitoring Program as required by the General Assembly
8    must:
9        (A) be transmitted when a medication is dispensed to
10    the patient or to the individual receiving the medication
11    on behalf of the patient;
12        (B) achieve the "point-of-sale" or "real-time"
13    reporting within 12 months of enactment of this amendatory
14    Act of the 101st General Assembly;
15        (C) not impose a financial burden upon a pharmacy which
16    dispenses to patients;
17        (D) use federal grant funding available to the
18    Prescription Monitoring Program to avoid a financial
19    burden to any pharmacy which is required to achieve this
20    requirement;
21        (E) require that any department or agency of this State
22    applying for or receiving grant funds which relate to
23    medication, in any manner, must include funding for the
24    Prescription Monitoring Program's requirement in this
25    Section unless the Prescription Monitoring Program
26    declines the need for additional funding; and



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1        (F) be transmitted by any pharmacy at the end of the
2    business day until the Prescription Monitoring Program
3    verifies that "point-of-sale" or "real-time" reporting is
4    functional.
5    The information required to be transmitted under this Section
6    must be transmitted not later than the end of the next
7    business day after the date on which a controlled substance
8    is dispensed, or at such other time as may be required by
9    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) (blank) a computer diskette;
15            (C) (Blank) a magnetic tape; or
16            (D) (blank). a pharmacy universal claim form or
17        Pharmacy 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 The
24    fineshall be payable to the Prescription Monitoring
25    Program.
26    (b) The Department, by rule, may include in the



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1Prescription Monitoring Program certain other select drugs
2that are not included in Schedule II, III, IV, or V. The
3Prescription Monitoring Program does not apply to controlled
4substance prescriptions 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).
16    (f) Within 2 years one year of January 1, 2018 (the
17effective date of Public Act 100-564) this amendatory Act of
18the 100th General Assembly, 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 Advisory
5Committee, shall adopt rules allowing licensed prescribers or
6pharmacists who have registered to access the Prescription
7Monitoring Program to authorize a licensed or non-licensed
8designee employed in that licensed prescriber's office or a
9licensed designee in a licensed pharmacist's pharmacy, and who
10has received training in the federal Health Insurance
11Portability and Accountability Act to consult the Prescription
12Monitoring Program on their behalf. The rules shall include
13reasonable parameters concerning a practitioner's authority to
14authorize a designee, and the eligibility of a person to be
15selected as a designee. In this subsection (g), "pharmacist"
16shall include a clinical pharmacist employed by and designated
17by a Medicaid Managed Care Organization providing services
18under Article V of the Illinois Public Aid Code under a
19contract with the Department of Healthcare Health and Family
20Services for the sole purpose of clinical review of services
21provided to persons covered by the entity under the contract to
22determine compliance with subsections (a) and (b) of Section
23314.5 of this Act. A managed care entity pharmacist shall
24notify prescribers of review activities.
25(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18;
26100-861, eff. 8-14-18; 100-1005, eff. 8-21-18; 100-1093, eff.



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18-26-18; revised 2-20-19.)
2    (720 ILCS 570/322 new)
3    Sec. 322. The Prescription Monitoring Program Fund.
4    (a) There is created in the State treasury a special fund
5known as the Prescription Monitoring Program Fund. The
6Prescription Monitoring Program Fund shall receive revenue
8        (1) grants;
9        (2) pass-through grants;
10        (3) donations;
11        (4) appropriations;
12        (5) fees charged for services, work, or both performed
13    as the result of duly authorized requests or contracts such
14    as subpoenas or research agreements;
15        (6) fees as enacted by the General Assembly; and
16        (7) other legal sources.
17    (b) The Department of Human Services or its successor shall
18coordinate to use moneys in the Prescription Monitoring Program
19Fund and perform the duties of collecting and reporting
20prescription and other medication data as authorized by the
21General Assembly.
22    (c) Any surplus funds shall be managed as follows:
23        (1) grant and pass-through fund providers shall be
24    asked for grant extensions or forgiveness. Otherwise, the
25    funds shall be refunded;



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1        (2) donations shall be used to reduce the Prescription
2    Monitoring Program appropriation for the next fiscal year
3    unless otherwise restricted;
4        (3) appropriations in excess of spending shall expire
5    at the end of the fiscal year unless otherwise authorized;
6    and
7        (4) fees and other legal sources of revenue may be
8    retained in the Prescription Monitoring Program Fund for 5
9    fiscal years. The State Treasurer shall invest excess fees
10    with the interest deposited into the General Revenue Fund
11    unless otherwise authorized by the General Assembly.
12    (d) If the Prescription Monitoring Program is able to apply
13for and receive a reimbursement grant, it is authorized to
14apply for the grant. If a reimbursement grant is awarded, the
15Prescription Monitoring Program is authorized to borrow
16available funds from the Department of Human Services or the
17State Treasurer at no interest.".