Illinois General Assembly - Full Text of HB2708
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Full Text of HB2708  100th General Assembly

HB2708enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB2708 EnrolledLRB100 09951 RLC 20122 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 Section 318 as follows:
 
6    (720 ILCS 570/318)
7    Sec. 318. Confidentiality of information.
8    (a) Information received by the central repository under
9Section 316 and former Section 321 is confidential.
10    (b) The Department must carry out a program to protect the
11confidentiality of the information described in subsection
12(a). The Department may disclose the information to another
13person only under subsection (c), (d), or (f) and may charge a
14fee not to exceed the actual cost of furnishing the
15information.
16    (c) The Department may disclose confidential information
17described in subsection (a) to any person who is engaged in
18receiving, processing, or storing the information.
19    (d) The Department may release confidential information
20described in subsection (a) to the following persons:
21        (1) A governing body that licenses practitioners and is
22    engaged in an investigation, an adjudication, or a
23    prosecution of a violation under any State or federal law

 

 

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1    that involves a controlled substance.
2        (2) An investigator for the Consumer Protection
3    Division of the office of the Attorney General, a
4    prosecuting attorney, the Attorney General, a deputy
5    Attorney General, or an investigator from the office of the
6    Attorney General, who is engaged in any of the following
7    activities involving controlled substances:
8            (A) an investigation;
9            (B) an adjudication; or
10            (C) a prosecution of a violation under any State or
11        federal law that involves a controlled substance.
12        (3) A law enforcement officer who is:
13            (A) authorized by the Illinois State Police or the
14        office of a county sheriff or State's Attorney or
15        municipal police department of Illinois to receive
16        information of the type requested for the purpose of
17        investigations involving controlled substances; or
18            (B) approved by the Department to receive
19        information of the type requested for the purpose of
20        investigations involving controlled substances; and
21            (C) engaged in the investigation or prosecution of
22        a violation under any State or federal law that
23        involves a controlled substance.
24        (4) Select representatives of the Department of
25    Children and Family Services through the indirect online
26    request process. Access shall be established by an

 

 

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1    intergovernmental agreement between the Department of
2    Children and Family Services and the Department of Human
3    Services.
4    (e) Before the Department releases confidential
5information under subsection (d), the applicant must
6demonstrate in writing to the Department that:
7        (1) the applicant has reason to believe that a
8    violation under any State or federal law that involves a
9    controlled substance has occurred; and
10        (2) the requested information is reasonably related to
11    the investigation, adjudication, or prosecution of the
12    violation described in subdivision (1).
13    (f) The Department may receive and release prescription
14record information under Section 316 and former Section 321 to:
15        (1) a governing body that licenses practitioners;
16        (2) an investigator for the Consumer Protection
17    Division of the office of the Attorney General, a
18    prosecuting attorney, the Attorney General, a deputy
19    Attorney General, or an investigator from the office of the
20    Attorney General;
21        (3) any Illinois law enforcement officer who is:
22            (A) authorized to receive the type of information
23        released; and
24            (B) approved by the Department to receive the type
25        of information released; or
26        (4) prescription monitoring entities in other states

 

 

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1    per the provisions outlined in subsection (g) and (h)
2    below;
3confidential prescription record information collected under
4Sections 316 and 321 (now repealed) that identifies vendors or
5practitioners, or both, who are prescribing or dispensing large
6quantities of Schedule II, III, IV, or V controlled substances
7outside the scope of their practice, pharmacy, or business, as
8determined by the Advisory Committee created by Section 320.
9    (g) The information described in subsection (f) may not be
10released until it has been reviewed by an employee of the
11Department who is licensed as a prescriber or a dispenser and
12until that employee has certified that further investigation is
13warranted. However, failure to comply with this subsection (g)
14does not invalidate the use of any evidence that is otherwise
15admissible in a proceeding described in subsection (h).
16    (h) An investigator or a law enforcement officer receiving
17confidential information under subsection (c), (d), or (f) may
18disclose the information to a law enforcement officer or an
19attorney for the office of the Attorney General for use as
20evidence in the following:
21        (1) A proceeding under any State or federal law that
22    involves a controlled substance.
23        (2) A criminal proceeding or a proceeding in juvenile
24    court that involves a controlled substance.
25    (i) The Department may compile statistical reports from the
26information described in subsection (a). The reports must not

 

 

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1include information that identifies, by name, license or
2address, any practitioner, dispenser, ultimate user, or other
3person administering a controlled substance.
4    (j) Based upon federal, initial and maintenance funding, a
5prescriber and dispenser inquiry system shall be developed to
6assist the health care community in its goal of effective
7clinical practice and to prevent patients from diverting or
8abusing medications.
9        (1) An inquirer shall have read-only access to a
10    stand-alone database which shall contain records for the
11    previous 12 months.
12        (2) Dispensers may, upon positive and secure
13    identification, make an inquiry on a patient or customer
14    solely for a medical purpose as delineated within the
15    federal HIPAA law.
16        (3) The Department shall provide a one-to-one secure
17    link and encrypted software necessary to establish the link
18    between an inquirer and the Department. Technical
19    assistance shall also be provided.
20        (4) Written inquiries are acceptable but must include
21    the fee and the requestor's Drug Enforcement
22    Administration license number and submitted upon the
23    requestor's business stationery.
24        (5) As directed by the Prescription Monitoring Program
25    Advisory Committee and the Clinical Director for the
26    Prescription Monitoring Program, aggregate data that does

 

 

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1    not indicate any prescriber, practitioner, dispenser, or
2    patient may be used for clinical studies.
3        (6) Tracking analysis shall be established and used per
4    administrative rule.
5        (7) Nothing in this Act or Illinois law shall be
6    construed to require a prescriber or dispenser to make use
7    of this inquiry system.
8        (8) If there is an adverse outcome because of a
9    prescriber or dispenser making an inquiry, which is
10    initiated in good faith, the prescriber or dispenser shall
11    be held harmless from any civil liability.
12    (k) The Department shall establish, by rule, the process by
13which to evaluate possible erroneous association of
14prescriptions to any licensed prescriber or end user of the
15Illinois Prescription Information Library (PIL).
16    (l) The Prescription Monitoring Program Advisory Committee
17is authorized to evaluate the need for and method of
18establishing a patient specific identifier.
19    (m) Patients who identify prescriptions attributed to them
20that were not obtained by them shall be given access to their
21personal prescription history pursuant to the validation
22process as set forth by administrative rule.
23    (n) The Prescription Monitoring Program is authorized to
24develop operational push reports to entities with compatible
25electronic medical records. The process shall be covered within
26administrative rule established by the Department.

 

 

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1    (o) Hospital emergency departments and freestanding
2healthcare facilities providing healthcare to walk-in patients
3may obtain, for the purpose of improving patient care, a unique
4identifier for each shift to utilize the PIL system.
5    (p) The Prescription Monitoring Program shall
6automatically create a log-in to the inquiry system when a
7prescriber or dispenser obtains or renews his or her controlled
8substance license. The Department of Financial and
9Professional Regulation must provide the Prescription
10Monitoring Program with electronic access to the license
11information of a prescriber or dispenser to facilitate the
12creation of this profile. The Prescription Monitoring Program
13shall send the prescriber or dispenser information regarding
14the inquiry system, including instructions on how to log into
15the system, instructions on how to use the system to promote
16effective clinical practice, and opportunities for continuing
17education for the prescribing of controlled substances. The
18Prescription Monitoring Program shall also send to all enrolled
19prescribers, dispensers, and designees information regarding
20the unsolicited reports produced pursuant to Section 314.5 of
21this Act.
22    (q) A prescriber or dispenser may authorize a designee to
23consult the inquiry system established by the Department under
24this subsection on his or her behalf, provided that all the
25following conditions are met:
26        (1) the designee so authorized is employed by the same

 

 

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1    hospital or health care system; is employed by the same
2    professional practice; or is under contract with such
3    practice, hospital, or health care system;
4        (2) the prescriber or dispenser takes reasonable steps
5    to ensure that such designee is sufficiently competent in
6    the use of the inquiry system;
7        (3) the prescriber or dispenser remains responsible
8    for ensuring that access to the inquiry system by the
9    designee is limited to authorized purposes and occurs in a
10    manner that protects the confidentiality of the
11    information obtained from the inquiry system, and remains
12    responsible for any breach of confidentiality; and
13        (4) the ultimate decision as to whether or not to
14    prescribe or dispense a controlled substance remains with
15    the prescriber or dispenser.
16    The Prescription Monitoring Program shall send to
17registered designees information regarding the inquiry system,
18including instructions on how to log onto the system.
19    (r) The Prescription Monitoring Program shall maintain an
20Internet website in conjunction with its prescriber and
21dispenser inquiry system. This website shall include, at a
22minimum, the following information:
23        (1) current clinical guidelines developed by health
24    care professional organizations on the prescribing of
25    opioids or other controlled substances as determined by the
26    Advisory Committee;

 

 

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1        (2) accredited continuing education programs related
2    to prescribing of controlled substances;
3        (3) programs or information developed by health care
4    professionals that may be used to assess patients or help
5    ensure compliance with prescriptions;
6        (4) updates from the Food and Drug Administration, the
7    Centers for Disease Control and Prevention, and other
8    public and private organizations which are relevant to
9    prescribing;
10        (5) relevant medical studies related to prescribing;
11        (6) other information regarding the prescription of
12    controlled substances; and
13        (7) information regarding prescription drug disposal
14    events, including take-back programs or other disposal
15    options or events.
16    The content of the Internet website shall be periodically
17reviewed by the Prescription Monitoring Program Advisory
18Committee as set forth in Section 320 and updated in accordance
19with the recommendation of the advisory committee.
20    (s) The Prescription Monitoring Program shall regularly
21send electronic updates to the registered users of the Program.
22The Prescription Monitoring Program Advisory Committee shall
23review any communications sent to registered users and also
24make recommendations for communications as set forth in Section
25320. These updates shall include the following information:
26        (1) opportunities for accredited continuing education

 

 

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1    programs related to prescribing of controlled substances;
2        (2) current clinical guidelines developed by health
3    care professional organizations on the prescribing of
4    opioids or other drugs as determined by the Advisory
5    Committee;
6        (3) programs or information developed by health care
7    professionals that may be used to assess patients or help
8    ensure compliance with prescriptions;
9        (4) updates from the Food and Drug Administration, the
10    Centers for Disease Control and Prevention, and other
11    public and private organizations which are relevant to
12    prescribing;
13        (5) relevant medical studies related to prescribing;
14        (6) other information regarding prescribing of
15    controlled substances;
16        (7) information regarding prescription drug disposal
17    events, including take-back programs or other disposal
18    options or events; and
19        (8) reminders that the Prescription Monitoring Program
20    is a useful clinical tool.
21(Source: P.A. 99-480, eff. 9-9-15.)