State of Illinois
2019 and 2020


Introduced 2/15/2019, by Sen. Michael E. Hastings


720 ILCS 570/314.5
720 ILCS 570/316

    Amends the Illinois Controlled Substances Act concerning the Prescription Monitoring Program. Excludes licensed veterinarians from the reporting requirements under the Program. Provides that a licensed veterinarian shall report information required under the Prescription Monitoring Program if the person who is presenting an animal for treatment is suspected of fraudulently obtaining any controlled substance or prescription for a controlled substance to the Department of Human Services. Provides that a licensed veterinarian may not be subject to any licensure or disciplinary action by the Department of Financial and Professional Regulation for the failure to report such a person. Effective immediately.

LRB101 05906 SLF 50927 b





SB1665LRB101 05906 SLF 50927 b

1    AN ACT concerning criminal law.
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, except a
6licensed veterinarian, possessing an Illinois controlled
7substances license shall register with the Prescription
8Monitoring Program. Each prescriber or his or her designee
9shall also document an attempt to access patient information in
10the Prescription Monitoring Program to assess patient access to
11controlled substances when providing an initial prescription
12for Schedule II narcotics such as opioids, except for
13prescriptions for oncology treatment or palliative care, or a
147-day or less supply provided by a hospital emergency
15department when treating an acute, traumatic medical
16condition. This attempt to access shall be documented in the
17patient's medical record. The hospital shall facilitate the
18designation of a prescriber's designee for the purpose of
19accessing the Prescription Monitoring Program for services
20provided at the hospital.
21    (d) When a person has been identified as having 3 or more
22prescribers or 3 or more pharmacies, or both, that do not
23utilize a common electronic file as specified in Section 20 of
24the Pharmacy Practice Act for controlled substances within the
25course of a continuous 30-day period, the Prescription
26Monitoring Program may issue an unsolicited report to the



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1prescribers, dispensers, and their designees informing them of
2the potential medication shopping. If an unsolicited report is
3issued to a prescriber or prescribers, then the report must
4also be sent to the applicable dispensing pharmacy.
5    (e) Nothing in this Section shall be construed to create a
6requirement that any prescriber, dispenser, or pharmacist
7request any patient medication disclosure, report any patient
8activity, or prescribe or refuse to prescribe or dispense any
10    (f) This Section shall not be construed to apply to
11inpatients or residents at hospitals or other institutions or
12to institutional pharmacies.
13    (g) Any patient feedback, including grades, ratings, or
14written or verbal statements, in opposition to a clinical
15decision that the prescription of a controlled substance is not
16medically necessary shall not be the basis of any adverse
17action, evaluation, or any other type of negative
18credentialing, contracting, licensure, or employment action
19taken against a prescriber or dispenser.
20(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
21    (720 ILCS 570/316)
22    Sec. 316. Prescription Monitoring Program.
23    (a) The Department must provide for a Prescription
24Monitoring Program for Schedule II, III, IV, and V controlled
25substances that includes the following components and



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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    (a-5) A licensed veterinarian shall report information
26required under the Prescription Monitoring Program if the



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1person who is presenting an animal for treatment is suspected
2of fraudulently obtaining any controlled substance or
3prescription for a controlled substance to the Department of
4Human Services. A licensed veterinarian may not be subject to
5any licensure or disciplinary action by the Department of
6Financial and Professional Regulation for the failure to report
7such a person.
8    (b) The Department, by rule, may include in the
9Prescription Monitoring Program certain other select drugs
10that are not included in Schedule II, III, IV, or V. The
11Prescription Monitoring Program does not apply to controlled
12substance prescriptions 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).
24    (f) Within one year of January 1, 2008 (the effective date
25of 100-564) this amendatory Act of the 100th General Assembly,
26the Department shall adopt rules requiring all Electronic



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1Health Records Systems to interface with the Prescription
2Monitoring Program application program on or before January 1,
32021 to ensure that all providers have access to specific
4patient records during the treatment of their patients. These
5rules shall also address the electronic integration of pharmacy
6records with the Prescription Monitoring Program to allow for
7faster transmission of the information required under this
8Section. The Department shall establish actions to be taken if
9a prescriber's Electronic Health Records System does not
10effectively interface with the Prescription Monitoring Program
11within the required timeline.
12    (g) The Department, in consultation with the Advisory
13Committee, shall adopt rules allowing licensed prescribers or
14pharmacists who have registered to access the Prescription
15Monitoring Program to authorize a licensed or non-licensed
16designee employed in that licensed prescriber's office or a
17licensed designee in a licensed pharmacist's pharmacy, and who
18has received training in the federal Health Insurance
19Portability and Accountability Act to consult the Prescription
20Monitoring Program on their behalf. The rules shall include
21reasonable parameters concerning a practitioner's authority to
22authorize a designee, and the eligibility of a person to be
23selected as a designee. In this subsection (g), "pharmacist"
24shall include a clinical pharmacist employed by and designated
25by a Medicaid Managed Care Organization providing services
26under Article V of the Illinois Public Aid Code under a



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1contract with the Department of Healthcare Health and Family
2Services for the sole purpose of clinical review of services
3provided to persons covered by the entity under the contract to
4determine compliance with subsections (a) and (b) of Section
5314.5 of this Act. A managed care entity pharmacist shall
6notify prescribers of review activities.
7(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18;
8100-861, eff. 8-14-18; 100-1005, eff. 8-21-18; 100-1093, eff.
98-26-18; revised 10-9-18.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.