Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 102-0527


 

Public Act 0527 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0527
 
SB1842 EnrolledLRB102 14897 KMF 20250 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. Findings. The General Assembly finds that:
        (1) Prior to August of 2020, the federal Substance
    Abuse and Mental Health Services Administration (SAMHSA)
    and the federal Confidentiality of Substance Use Disorder
    Patient Records set forth at 42 CFR 2, prohibited the
    sharing of substance use disorder treatment information by
    opioid treatment programs with prescription monitoring
    programs.
        (2) In August 2020, SAMHSA amended 42 CFR 2 to permit
    the sharing of substance use disorder treatment
    information by opioid treatment programs with prescription
    monitoring programs.
        (3) In light of the federal modification to 42 CFR 2
    and the protections available under federal and State law
    and the express requirement of patient consent, the
    reporting by opioid treatment programs to the prescription
    monitoring program is permitted and will allow for better
    coordination of care among treating providers.
 
    Section 10. The Illinois Controlled Substances Act is
amended by changing Sections 314.5 and 316 as follows:
 
    (720 ILCS 570/314.5)
    Sec. 314.5. Medication shopping; pharmacy shopping.
    (a) It shall be unlawful for any person knowingly or
intentionally to fraudulently obtain or fraudulently seek to
obtain any controlled substance or prescription for a
controlled substance from a prescriber or dispenser while
being supplied with any controlled substance or prescription
for a controlled substance by another prescriber or dispenser,
without disclosing the fact of the existing controlled
substance or prescription for a controlled substance to the
prescriber or dispenser from whom the subsequent controlled
substance or prescription for a controlled substance is
sought.
    (b) It shall be unlawful for a person knowingly or
intentionally to fraudulently obtain or fraudulently seek to
obtain any controlled substance from a pharmacy while being
supplied with any controlled substance by another pharmacy,
without disclosing the fact of the existing controlled
substance to the pharmacy from which the subsequent controlled
substance is sought.
    (c) A person may be in violation of Section 3.23 of the
Illinois Food, Drug and Cosmetic Act or Section 406 of this Act
when medication shopping or pharmacy shopping, or both.
    (c-5) Effective January 1, 2018, each prescriber
possessing an Illinois controlled substances license shall
register with the Prescription Monitoring Program.
Notwithstanding any provision of this Act to the contrary,
beginning on and after the effective date of this amendatory
Act of the 101st General Assembly, a licensed veterinarian
shall be exempt from registration and prohibited from
accessing patient information in the Prescription Monitoring
Program. Licensed veterinarians that are existing registrants
shall be removed from the Prescription Monitoring Program.
Each prescriber or his or her designee shall also document an
attempt to access patient information in the Prescription
Monitoring Program to assess patient access to controlled
substances when providing an initial prescription for Schedule
II narcotics such as opioids, except for prescriptions for
oncology treatment or palliative care, or a 7-day or less
supply provided by a hospital emergency department when
treating an acute, traumatic medical condition. This attempt
to access shall be documented in the patient's medical record.
The hospital shall facilitate the designation of a
prescriber's designee for the purpose of accessing the
Prescription Monitoring Program for services provided at the
hospital.
    (d) When a person has been identified as having 5 3 or more
prescribers or 5 3 or more pharmacies, or both, that do not
utilize a common electronic file as specified in Section 20 of
the Pharmacy Practice Act for controlled substances within the
course of a 6-month continuous 30-day period, the Prescription
Monitoring Program may issue an unsolicited report to the
prescribers, dispensers, and their designees informing them of
the potential medication shopping. If an unsolicited report is
issued to a prescriber or prescribers, then the report must
also be sent to the applicable dispensing pharmacy.
    (e) Nothing in this Section shall be construed to create a
requirement that any prescriber, dispenser, or pharmacist
request any patient medication disclosure, report any patient
activity, or prescribe or refuse to prescribe or dispense any
medications.
    (f) This Section shall not be construed to apply to
inpatients or residents at hospitals or other institutions or
to institutional pharmacies.
    (g) Any patient feedback, including grades, ratings, or
written or verbal statements, in opposition to a clinical
decision that the prescription of a controlled substance is
not medically necessary shall not be the basis of any adverse
action, evaluation, or any other type of negative
credentialing, contracting, licensure, or employment action
taken against a prescriber or dispenser.
(Source: P.A. 100-564, eff. 1-1-18; 101-414, eff. 8-16-19.)
 
    (720 ILCS 570/316)
    Sec. 316. Prescription Monitoring Program.
    (a) The Department must provide for a Prescription
Monitoring Program for Schedule II, III, IV, and V controlled
substances that includes the following components and
requirements:
        (1) The dispenser must transmit to the central
    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 substance dispensed.
            (D) The date the controlled substance is
        dispensed.
            (E) The quantity of the controlled substance
        dispensed and days supply.
            (F) The dispenser's United States Drug Enforcement
        Administration registration number.
            (G) The prescriber's United States Drug
        Enforcement Administration registration number.
            (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
        insurance).
            (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
        its successor.
        (2) The information required to be transmitted under
    this Section must be transmitted not later than the end of
    the next business day after the date on which a controlled
    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 by:
        (3.5) The requirements of paragraphs (1), (2), and (3)
    of this subsection also apply to opioid treatment programs
    that are licensed or certified by the Department of Human
    Services' Division of Substance Use Prevention and
    Recovery and are authorized by the federal Drug
    Enforcement Administration to prescribe Schedule II, III,
    IV, or V controlled substances for the treatment of opioid
    use disorders. Opioid treatment programs shall attempt to
    obtain written patient consent, shall document attempts to
    obtain the written consent, and shall not transmit
    information without patient consent. Documentation
    obtained under this paragraph shall not be utilized for
    law enforcement purposes, as proscribed under 42 CFR 2, as
    amended by 42 U.S.C. 290dd-2. Treatment of a patient shall
    not be conditioned upon his or her written consent.
            (A) an electronic device compatible with the
        receiving device of the central repository;
            (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.
    (a-5) Notwithstanding subsection (a), a licensed
veterinarian is exempt from the reporting requirements of this
Section. If a person who is presenting an animal for treatment
is suspected of fraudulently obtaining any controlled
substance or prescription for a controlled substance, the
licensed veterinarian shall report that information to the
local law enforcement agency.
    (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 controlled
substance prescriptions as exempted under Section 313.
    (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
Program.
    (e) (Blank).
    (f) Within one year of January 1, 2018 (the effective date
of Public Act 100-564), 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 Prescription
Monitoring Program 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 who has received training in
the federal Health Insurance Portability and Accountability
Act and 42 CFR 2 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 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 Healthcare and Family 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. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18;
100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff.
7-12-19; 101-414, eff. 8-16-19.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/20/2021