HB4650 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4650

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 570/316

    Amends the Illinois Controlled Substance Act. In a provision allowing pharmacists to authorize a designee to consult the Prescription Monitoring Program on their behalf, defines "pharmacist" to include, but be not limited to, a pharmacist associated with a health maintenance organization or a Medicaid managed care entity providing services under the Illinois Public Aid Code. Effective immediately.


LRB100 17477 SLF 32646 b

 

 

A BILL FOR

 

HB4650LRB100 17477 SLF 32646 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 316 as follows:
 
6    (720 ILCS 570/316)
7    Sec. 316. Prescription Monitoring Program.
8    (a) The Department must provide for a Prescription
9Monitoring Program for Schedule II, III, IV, and V controlled
10substances that includes the following components and
11requirements:
12        (1) The dispenser must transmit to the central
13    repository, in a form and manner specified by the
14    Department, the following information:
15            (A) The recipient's name and address.
16            (B) The recipient's date of birth and gender.
17            (C) The national drug code number of the controlled
18        substance dispensed.
19            (D) The date the controlled substance is
20        dispensed.
21            (E) The quantity of the controlled substance
22        dispensed and days supply.
23            (F) The dispenser's United States Drug Enforcement

 

 

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1        Administration registration number.
2            (G) The prescriber's United States Drug
3        Enforcement Administration registration number.
4            (H) The dates the controlled substance
5        prescription is filled.
6            (I) The payment type used to purchase the
7        controlled substance (i.e. Medicaid, cash, third party
8        insurance).
9            (J) The patient location code (i.e. home, nursing
10        home, outpatient, etc.) for the controlled substances
11        other than those filled at a retail pharmacy.
12            (K) Any additional information that may be
13        required by the department by administrative rule,
14        including but not limited to information required for
15        compliance with the criteria for electronic reporting
16        of the American Society for Automation and Pharmacy or
17        its successor.
18        (2) The information required to be transmitted under
19    this Section must be transmitted not later than the end of
20    the next business day after the date on which a controlled
21    substance is dispensed, or at such other time as may be
22    required by the Department by administrative rule.
23        (3) A dispenser must transmit the information required
24    under this Section by:
25            (A) an electronic device compatible with the
26        receiving device of the central repository;

 

 

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1            (B) a computer diskette;
2            (C) a magnetic tape; or
3            (D) a pharmacy universal claim form or Pharmacy
4        Inventory Control form;
5        (4) The Department may impose a civil fine of up to
6    $100 per day for willful failure to report controlled
7    substance dispensing to the Prescription Monitoring
8    Program. The fine shall be calculated on no more than the
9    number of days from the time the report was required to be
10    made until the time the problem was resolved, and shall be
11    payable to the Prescription Monitoring Program.
12    (b) The Department, by rule, may include in the
13Prescription Monitoring Program certain other select drugs
14that are not included in Schedule II, III, IV, or V. The
15Prescription Monitoring Program does not apply to controlled
16substance prescriptions as exempted under Section 313.
17    (c) The collection of data on select drugs and scheduled
18substances by the Prescription Monitoring Program may be used
19as a tool for addressing oversight requirements of long-term
20care institutions as set forth by Public Act 96-1372. Long-term
21care pharmacies shall transmit patient medication profiles to
22the Prescription Monitoring Program monthly or more frequently
23as established by administrative rule.
24    (d) The Department of Human Services shall appoint a
25full-time Clinical Director of the Prescription Monitoring
26Program.

 

 

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1    (e) (Blank).
2    (f) Within one year of the effective date of this
3amendatory Act of the 100th General Assembly, the Department
4shall adopt rules requiring all Electronic Health Records
5Systems to interface with the Prescription Monitoring Program
6application program on or before January 1, 2021 to ensure that
7all providers have access to specific patient records during
8the treatment of their patients. These rules shall also address
9the electronic integration of pharmacy records with the
10Prescription Monitoring Program to allow for faster
11transmission of the information required under this Section.
12The Department shall establish actions to be taken if a
13prescriber's Electronic Health Records System does not
14effectively interface with the Prescription Monitoring Program
15within the required timeline.
16    (g) The Department, in consultation with the Advisory
17Committee, shall adopt rules allowing licensed prescribers or
18pharmacists who have registered to access the Prescription
19Monitoring Program to authorize a designee to consult the
20Prescription Monitoring Program on their behalf. The rules
21shall include reasonable parameters concerning a
22practitioner's authority to authorize a designee, and the
23eligibility of a person to be selected as a designee. In this
24subsection (g), "pharmacist" includes, but is not limited to, a
25pharmacist associated with a health maintenance organization
26or a Medicaid managed care entity providing services under

 

 

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1Article V of the Illinois Public Aid Code.
2(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.