Full Text of SB0772 100th General Assembly
SB0772enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Controlled Substances Act is | 5 | | amended 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 | 9 | | intentionally to fraudulently obtain or fraudulently seek to | 10 | | obtain any controlled substance or prescription for a | 11 | | controlled substance from a prescriber or dispenser while being | 12 | | supplied with any controlled substance or prescription for a | 13 | | controlled substance by another prescriber or dispenser, | 14 | | without disclosing the fact of the existing controlled | 15 | | substance or prescription for a controlled substance to the | 16 | | prescriber or dispenser from whom the subsequent controlled | 17 | | substance or prescription for a controlled substance is sought. | 18 | | (b) It shall be unlawful for a person knowingly or | 19 | | intentionally to fraudulently obtain or fraudulently seek to | 20 | | obtain any controlled substance from a pharmacy while being | 21 | | supplied with any controlled substance by another pharmacy, | 22 | | without disclosing the fact of the existing controlled | 23 | | substance to the pharmacy from which the subsequent controlled |
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| 1 | | substance is sought. | 2 | | (c) A person may be in violation of Section 3.23 of the | 3 | | Illinois Food, Drug and Cosmetic Act or Section 406 of this Act | 4 | | when medication shopping or pharmacy shopping, or both. | 5 | | (c-5) Effective January 1, 2018, each prescriber | 6 | | possessing an Illinois controlled substances license shall | 7 | | register with the Prescription Monitoring Program. Each | 8 | | prescriber or his or her designee shall also document an | 9 | | attempt to access patient information in the Prescription | 10 | | Monitoring Program to assess patient access to controlled | 11 | | substances when providing an initial prescription for Schedule | 12 | | II narcotics such as opioids, except for prescriptions for | 13 | | oncology treatment or palliative care, or a 7-day or less | 14 | | supply provided by a hospital emergency department when | 15 | | treating an acute, traumatic medical condition. This attempt to | 16 | | access shall be documented in the patient's medical record. The | 17 | | hospital shall facilitate the designation of a prescriber's | 18 | | designee for the purpose of accessing the Prescription | 19 | | Monitoring Program for services provided at the hospital. | 20 | | (d) When a person has been identified as having 3 or more | 21 | | prescribers or 3 or more pharmacies, or both, that do not | 22 | | utilize a common electronic file as specified in Section 20 of | 23 | | the Pharmacy Practice Act for controlled substances within the | 24 | | course of a continuous 30-day period, the Prescription | 25 | | Monitoring Program may issue an unsolicited report to the | 26 | | prescribers, dispensers, and their designees informing them of |
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| 1 | | the potential medication shopping. If an unsolicited report is | 2 | | issued to a prescriber or prescribers, then the
report must | 3 | | also be sent to the applicable dispensing pharmacy. | 4 | | (e) Nothing in this Section shall be construed to create a | 5 | | requirement that any prescriber, dispenser, or pharmacist | 6 | | request any patient medication disclosure, report any patient | 7 | | activity, or prescribe or refuse to prescribe or dispense any | 8 | | medications. | 9 | | (f) This Section shall not be construed to apply to | 10 | | inpatients or residents at hospitals or other institutions or | 11 | | to institutional pharmacies.
| 12 | | (g) Any patient feedback, including grades, ratings, or | 13 | | written or verbal statements, in opposition to a clinical | 14 | | decision that the prescription of a controlled substance is not | 15 | | medically necessary shall not be the basis of any adverse | 16 | | action, evaluation, or any other type of negative | 17 | | credentialing, contracting, licensure, or employment action | 18 | | taken against a prescriber or dispenser. | 19 | | (Source: P.A. 99-480, eff. 9-9-15.)
| 20 | | (720 ILCS 570/316)
| 21 | | Sec. 316. Prescription Monitoring Program monitoring | 22 | | program . | 23 | | (a) The Department must provide for a
Prescription | 24 | | Monitoring Program prescription monitoring program for | 25 | | Schedule II, III, IV, and V controlled substances that includes |
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| 1 | | the following components and requirements:
| 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 | | (b) The Department, by rule, may include in the | 26 | | Prescription Monitoring Program monitoring program certain |
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| 1 | | other select drugs that are not included in Schedule II, III, | 2 | | IV, or V. The Prescription Monitoring Program prescription | 3 | | monitoring program does not apply to
controlled substance | 4 | | prescriptions as exempted under Section
313.
| 5 | | (c) The collection of data on select drugs and scheduled | 6 | | substances by the Prescription Monitoring Program may be used | 7 | | as a tool for addressing oversight requirements of long-term | 8 | | care institutions as set forth by Public Act 96-1372. Long-term | 9 | | care pharmacies shall transmit patient medication profiles to | 10 | | the Prescription Monitoring Program monthly or more frequently | 11 | | as established by administrative rule. | 12 | | (d) The Department of Human Services shall appoint a | 13 | | full-time Clinical Director of the Prescription Monitoring | 14 | | Program. | 15 | | (e) (Blank). Within one year of the effective date of this | 16 | | amendatory Act of the 99th General Assembly, the Department | 17 | | shall adopt rules establishing pilot initiatives involving a | 18 | | cross-section of hospitals in this State to increase electronic | 19 | | integration of a hospital's electronic health record with the | 20 | | Prescription Monitoring Program on or before January 1, 2019 to | 21 | | ensure all providers have timely access to relevant | 22 | | prescription information during the treatment of their | 23 | | patients. These rules shall also establish pilots that enhance | 24 | | the electronic integration of outpatient pharmacy records with | 25 | | the Prescription Monitoring Program to allow for faster | 26 | | transmission of the information required under this Section. In |
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| 1 | | collaboration with the Department of Human Services, the | 2 | | Prescription Monitoring Program Advisory Committee shall | 3 | | identify funding sources to support the pilot projects in this | 4 | | Section and distribution of funds shall be based on voluntary | 5 | | and incentive-based models. The rules adopted by the Department | 6 | | shall also ensure that the Department continues to monitor | 7 | | updates in Electronic Health Record Technology and how other | 8 | | states have integrated their prescription monitoring databases | 9 | | with Electronic Health Records. | 10 | | (f) Within one year of the effective date of this | 11 | | amendatory Act of the 100th General Assembly, the Department | 12 | | shall adopt rules requiring all Electronic Health Records | 13 | | Systems to interface with the Prescription Monitoring Program | 14 | | application program on or before January 1, 2021 to ensure that | 15 | | all providers have access to specific patient records during | 16 | | the treatment of their patients. These rules shall also address | 17 | | the electronic integration of pharmacy records with the | 18 | | Prescription Monitoring Program to allow for faster | 19 | | transmission of the information required under this Section. | 20 | | The Department shall establish actions to be taken if a | 21 | | prescriber's Electronic Health Records System does not | 22 | | effectively interface with the Prescription Monitoring Program | 23 | | within the required timeline. | 24 | | (g) The Department, in consultation with the Advisory | 25 | | Committee, shall adopt rules allowing licensed prescribers or | 26 | | pharmacists who have registered to access the Prescription |
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| 1 | | Monitoring Program to authorize a designee to consult the | 2 | | Prescription Monitoring Program on their behalf. The rules | 3 | | shall include reasonable parameters concerning a | 4 | | practitioner's authority to authorize a designee, and the | 5 | | eligibility of a person to be selected as a designee. | 6 | | (Source: P.A. 99-480, eff. 9-9-15.)
| 7 | | Section 99. Effective date. This Act takes effect on | 8 | | January 1, 2018.
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