Full Text of HB4650 100th General Assembly
HB4650eng 100TH GENERAL ASSEMBLY |
| | HB4650 Engrossed | | LRB100 17477 SLF 32646 b |
|
| 1 | | AN ACT concerning criminal law.
| 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 |
| | | HB4650 Engrossed | - 2 - | LRB100 17477 SLF 32646 b |
|
| 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 |
| | | HB4650 Engrossed | - 3 - | LRB100 17477 SLF 32646 b |
|
| 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 or pharmacist feedback, including grades, | 13 | | ratings, or written or verbal statements, in opposition to a | 14 | | clinical decision that the prescription of a controlled | 15 | | substance is not medically necessary shall not be the basis of | 16 | | any adverse 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; 100-564, eff. 1-1-18.)
| 20 | | (720 ILCS 570/316)
| 21 | | Sec. 316. Prescription Monitoring Program. | 22 | | (a) The Department must provide for a
Prescription | 23 | | Monitoring Program for Schedule II, III, IV, and V controlled | 24 | | substances that includes the following components and | 25 | | requirements:
|
| | | HB4650 Engrossed | - 4 - | LRB100 17477 SLF 32646 b |
|
| 1 | | (1) The
dispenser must transmit to the
central | 2 | | repository, in a form and manner specified by the | 3 | | Department, the following information:
| 4 | | (A) The recipient's name and address.
| 5 | | (B) The recipient's date of birth and gender.
| 6 | | (C) The national drug code number of the controlled
| 7 | | substance
dispensed.
| 8 | | (D) The date the controlled substance is | 9 | | dispensed.
| 10 | | (E) The quantity of the controlled substance | 11 | | dispensed and days supply.
| 12 | | (F) The dispenser's United States Drug Enforcement | 13 | | Administration
registration number.
| 14 | | (G) The prescriber's United States Drug | 15 | | Enforcement Administration
registration number.
| 16 | | (H) The dates the controlled substance | 17 | | prescription is filled. | 18 | | (I) The payment type used to purchase the | 19 | | controlled substance (i.e. Medicaid, cash, third party | 20 | | insurance). | 21 | | (J) The patient location code (i.e. home, nursing | 22 | | home, outpatient, etc.) for the controlled substances | 23 | | other than those filled at a retail pharmacy. | 24 | | (K) Any additional information that may be | 25 | | required by the department by administrative rule, | 26 | | including but not limited to information required for |
| | | HB4650 Engrossed | - 5 - | LRB100 17477 SLF 32646 b |
|
| 1 | | compliance with the criteria for electronic reporting | 2 | | of the American Society for Automation and Pharmacy or | 3 | | its successor. | 4 | | (2) The information required to be transmitted under | 5 | | this Section must be
transmitted not later than the end of | 6 | | the next business day after the date on which a
controlled | 7 | | substance is dispensed, or at such other time as may be | 8 | | required by the Department by administrative rule.
| 9 | | (3) A dispenser must transmit the information required | 10 | | under this Section
by:
| 11 | | (A) an electronic device compatible with the | 12 | | receiving device of the
central repository;
| 13 | | (B) a computer diskette;
| 14 | | (C) a magnetic tape; or
| 15 | | (D) a pharmacy universal claim form or Pharmacy | 16 | | Inventory Control form;
| 17 | | (4) The Department may impose a civil fine of up to | 18 | | $100 per day for willful failure to report controlled | 19 | | substance dispensing to the Prescription Monitoring | 20 | | Program. The fine shall be calculated on no more than the | 21 | | number of days from the time the report was required to be | 22 | | made until the time the problem was resolved, and shall be | 23 | | payable to the Prescription Monitoring Program.
| 24 | | (b) The Department, by rule, may include in the | 25 | | Prescription Monitoring Program certain other select drugs | 26 | | that are not included in Schedule II, III, IV, or V. The |
| | | HB4650 Engrossed | - 6 - | LRB100 17477 SLF 32646 b |
|
| 1 | | Prescription Monitoring Program does not apply to
controlled | 2 | | substance prescriptions as exempted under Section
313.
| 3 | | (c) The collection of data on select drugs and scheduled | 4 | | substances by the Prescription Monitoring Program may be used | 5 | | as a tool for addressing oversight requirements of long-term | 6 | | care institutions as set forth by Public Act 96-1372. Long-term | 7 | | care pharmacies shall transmit patient medication profiles to | 8 | | the Prescription Monitoring Program monthly or more frequently | 9 | | as established by administrative rule. | 10 | | (d) The Department of Human Services shall appoint a | 11 | | full-time Clinical Director of the Prescription Monitoring | 12 | | Program. | 13 | | (e) (Blank). | 14 | | (f) Within one year of the effective date of this | 15 | | amendatory Act of the 100th General Assembly, the Department | 16 | | shall adopt rules requiring all Electronic Health Records | 17 | | Systems to interface with the Prescription Monitoring Program | 18 | | application program on or before January 1, 2021 to ensure that | 19 | | all providers have access to specific patient records during | 20 | | the treatment of their patients. These rules shall also address | 21 | | the electronic integration of pharmacy records with the | 22 | | Prescription Monitoring Program to allow for faster | 23 | | transmission of the information required under this Section. | 24 | | The Department shall establish actions to be taken if a | 25 | | prescriber's Electronic Health Records System does not | 26 | | effectively interface with the Prescription Monitoring Program |
| | | HB4650 Engrossed | - 7 - | LRB100 17477 SLF 32646 b |
|
| 1 | | within the required timeline. | 2 | | (g) The Department, in consultation with the Advisory | 3 | | Committee, shall adopt rules allowing licensed prescribers or | 4 | | pharmacists who have registered to access the Prescription | 5 | | Monitoring Program to authorize a designee to consult the | 6 | | Prescription Monitoring Program on their behalf. The rules | 7 | | shall include reasonable parameters concerning a | 8 | | practitioner's authority to authorize a designee, and the | 9 | | eligibility of a person to be selected as a designee. In this | 10 | | subsection (g), "pharmacist" shall include a clinical | 11 | | pharmacist employed by and designated by a Medicaid Managed | 12 | | Care Organization providing services under Article V of the | 13 | | Illinois Public Aid Code under a contract with the Department | 14 | | of Health and Family Services for the sole purpose of clinical | 15 | | review of services provided to persons covered by the entity | 16 | | under the contract to determine compliance with subsections (a) | 17 | | and (b) of Section 314.5 of this Act. A managed care entity | 18 | | pharmacist shall notify prescribers of review activities. | 19 | | (Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
|
|