Full Text of SB2952 100th General Assembly
SB2952sam002 100TH GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 4/20/2018
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| 1 | | AMENDMENT TO SENATE BILL 2952
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2952 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Controlled Substances Act is | 5 | | amended by changing Sections 316, 318, and 320 as follows:
| 6 | | (720 ILCS 570/316)
| 7 | | Sec. 316. Prescription Monitoring Program. | 8 | | (a) The Department must provide for a
Prescription | 9 | | Monitoring Program for Schedule II, III, IV, and V controlled | 10 | | substances that includes the following components and | 11 | | requirements:
| 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.
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| 1 | | (C) The national drug code number of the controlled
| 2 | | substance
dispensed.
| 3 | | (D) The date the controlled substance is | 4 | | dispensed.
| 5 | | (E) The quantity of the controlled substance | 6 | | dispensed and days supply.
| 7 | | (F) The dispenser's United States Drug Enforcement | 8 | | Administration
registration number.
| 9 | | (G) The prescriber's United States Drug | 10 | | Enforcement Administration
registration number.
| 11 | | (H) The dates the controlled substance | 12 | | prescription is filled. | 13 | | (I) The payment type used to purchase the | 14 | | controlled substance (i.e. Medicaid, cash, third party | 15 | | insurance). | 16 | | (J) The patient location code (i.e. home, nursing | 17 | | home, outpatient, etc.) for the controlled substances | 18 | | other than those filled at a retail pharmacy. | 19 | | (K) Any additional information that may be | 20 | | required by the department by administrative rule, | 21 | | including but not limited to information required for | 22 | | compliance with the criteria for electronic reporting | 23 | | of the American Society for Automation and Pharmacy or | 24 | | its successor. | 25 | | (2) The information required to be transmitted under | 26 | | this Section must be
transmitted not later than the end of |
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| 1 | | the next business day after the date on which a
controlled | 2 | | substance is dispensed, or at such other time as may be | 3 | | required by the Department by administrative rule.
| 4 | | (3) A dispenser must transmit the information required | 5 | | under this Section
by:
| 6 | | (A) an electronic device compatible with the | 7 | | receiving device of the
central repository;
| 8 | | (B) a computer diskette;
| 9 | | (C) a magnetic tape; or
| 10 | | (D) a pharmacy universal claim form or Pharmacy | 11 | | Inventory Control form;
| 12 | | (4) The Department may impose a civil fine of up to | 13 | | $100 per day for willful failure to report controlled | 14 | | substance dispensing to the Prescription Monitoring | 15 | | Program. The fine shall be calculated on no more than the | 16 | | number of days from the time the report was required to be | 17 | | made until the time the problem was resolved, and shall be | 18 | | payable to the Prescription Monitoring Program.
| 19 | | (b) The Department, by rule, may include in the | 20 | | Prescription Monitoring Program certain other select drugs | 21 | | that are not included in Schedule II, III, IV, or V. The | 22 | | Prescription Monitoring Program does not apply to
controlled | 23 | | substance prescriptions as exempted under Section
313.
| 24 | | (c) The collection of data on select drugs and scheduled | 25 | | substances by the Prescription Monitoring Program may be used | 26 | | as a tool for addressing oversight requirements of long-term |
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| 1 | | care institutions as set forth by Public Act 96-1372. Long-term | 2 | | care pharmacies shall transmit patient medication profiles to | 3 | | the Prescription Monitoring Program monthly or more frequently | 4 | | as established by administrative rule. | 5 | | (d) The Department of Human Services shall appoint a | 6 | | full-time Clinical Director of the Prescription Monitoring | 7 | | Program. | 8 | | (e) (Blank). | 9 | | (f) Within one year of the effective date of this | 10 | | amendatory Act of the 100th General Assembly, the Department | 11 | | shall adopt rules requiring all Electronic Health Records | 12 | | Systems to interface with the Prescription Monitoring Program | 13 | | application program on or before January 1, 2021 to ensure that | 14 | | all providers have access to specific patient records during | 15 | | the treatment of their patients. These rules shall also address | 16 | | the electronic integration of pharmacy records with the | 17 | | Prescription Monitoring Program to allow for faster | 18 | | transmission of the information required under this Section. | 19 | | The Department shall establish actions to be taken if a | 20 | | prescriber's Electronic Health Records System does not | 21 | | effectively interface with the Prescription Monitoring Program | 22 | | within the required timeline. | 23 | | (g) The Department, in consultation with the Advisory | 24 | | Committee, shall adopt rules allowing licensed prescribers or | 25 | | pharmacists who have registered to access the Prescription | 26 | | Monitoring Program to authorize a licensed or non-licensed |
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| 1 | | designee employed in that licensed prescriber's office or a | 2 | | licensed designee in a licensed pharmacist's pharmacy, and who | 3 | | has received training in the federal Health Insurance | 4 | | Portability and Accountability Act to consult the Prescription | 5 | | Monitoring Program on their behalf. The rules shall include | 6 | | reasonable parameters concerning a practitioner's authority to | 7 | | authorize a designee, and the eligibility of a person to be | 8 | | selected as a designee. | 9 | | (Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
| 10 | | (720 ILCS 570/318)
| 11 | | Sec. 318. Confidentiality of information.
| 12 | | (a) Information received by the central repository under | 13 | | Section 316 and former Section 321
is confidential.
| 14 | | (a-1) To ensure the federal Health Insurance Portability | 15 | | and Accountability Act privacy of an individual's prescription | 16 | | data reported to the Prescription Monitoring Program received | 17 | | from a retail dispenser under this Act, the data shall be | 18 | | stored and isolated from any other database and remain under | 19 | | the full and complete control of the Prescription Monitoring | 20 | | Program. | 21 | | (a-2) As an active step to address the current opioid | 22 | | crisis in this State and to prevent and reduce addiction | 23 | | resulting from a sports injury or an accident, the Prescription | 24 | | Monitoring Program and the Department of Public Health shall | 25 | | coordinate a continuous review of the Prescription Monitoring |
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| 1 | | Program and the Department of Public Health data to determine | 2 | | if a patient may be at risk of opioid addiction. Each patient | 3 | | discharged from any medical facility with an International | 4 | | Classification of Disease, 10th edition code related to a sport | 5 | | or accident injury shall be subject to the data review. If the | 6 | | discharged patient is dispensed a controlled substance, the | 7 | | Prescription Monitoring Program shall alert the patient's | 8 | | prescriber and dispenser as to the addiction risk and urge each | 9 | | to follow the Centers for Disease Control and Prevention | 10 | | guidelines or his or her respective profession's treatment | 11 | | guidelines related to the patient's injury. This subsection | 12 | | (a-2), other than this sentence, is inoperative on or after | 13 | | January 1, 2024. | 14 | | (b) The Department must carry out a program to protect the
| 15 | | confidentiality of the information described in subsection | 16 | | (a). The Department
may
disclose the information to another | 17 | | person only under
subsection (c), (d), or (f) and may charge a | 18 | | fee not to exceed the actual cost
of
furnishing the
| 19 | | information.
| 20 | | (c) The Department may disclose confidential information | 21 | | described
in subsection (a) to any person who is engaged in | 22 | | receiving, processing, or
storing the information.
| 23 | | (d) The Department may release confidential information | 24 | | described
in subsection (a) to the following persons:
| 25 | | (1) A governing body
that licenses practitioners and is | 26 | | engaged in an investigation, an
adjudication,
or a |
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| 1 | | prosecution of a violation under any State or federal law | 2 | | that involves a
controlled substance.
| 3 | | (2) An investigator for the Consumer Protection | 4 | | Division of the office of
the Attorney General, a | 5 | | prosecuting attorney, the Attorney General, a deputy
| 6 | | Attorney General, or an investigator from the office of the | 7 | | Attorney General,
who is engaged in any of the following | 8 | | activities involving controlled
substances:
| 9 | | (A) an investigation;
| 10 | | (B) an adjudication; or
| 11 | | (C) a prosecution
of a violation under any State or | 12 | | federal law that involves a controlled
substance.
| 13 | | (3) A law enforcement officer who is:
| 14 | | (A) authorized by the Illinois State Police or the | 15 | | office of a county sheriff or State's Attorney or
| 16 | | municipal police department of Illinois to receive
| 17 | | information
of the type requested for the purpose of | 18 | | investigations involving controlled
substances; or
| 19 | | (B) approved by the Department to receive | 20 | | information of the
type requested for the purpose of | 21 | | investigations involving controlled
substances; and
| 22 | | (C) engaged in the investigation or prosecution of | 23 | | a violation
under
any State or federal law that | 24 | | involves a controlled substance.
| 25 | | (4) Select representatives of the Department of | 26 | | Children and Family Services through the indirect online |
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| 1 | | request process. Access shall be established by an | 2 | | intergovernmental agreement between the Department of | 3 | | Children and Family Services and the Department of Human | 4 | | Services. | 5 | | (e) Before the Department releases confidential | 6 | | information under
subsection (d), the applicant must | 7 | | demonstrate in writing to the Department that:
| 8 | | (1) the applicant has reason to believe that a | 9 | | violation under any
State or
federal law that involves a | 10 | | controlled substance has occurred; and
| 11 | | (2) the requested information is reasonably related to | 12 | | the investigation,
adjudication, or prosecution of the | 13 | | violation described in subdivision (1).
| 14 | | (f) The Department may receive and release prescription | 15 | | record information under Section 316 and former Section 321 to:
| 16 | | (1) a governing
body that licenses practitioners;
| 17 | | (2) an investigator for the Consumer Protection | 18 | | Division of the office of
the Attorney General, a | 19 | | prosecuting attorney, the Attorney General, a deputy
| 20 | | Attorney General, or an investigator from the office of the | 21 | | Attorney General;
| 22 | | (3) any Illinois law enforcement officer who is:
| 23 | | (A) authorized to receive the type of
information | 24 | | released; and
| 25 | | (B) approved by the Department to receive the type | 26 | | of
information released; or
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| 1 | | (4) prescription monitoring entities in other states | 2 | | per the provisions outlined in subsection (g) and (h) | 3 | | below;
| 4 | | confidential prescription record information collected under | 5 | | Sections 316 and 321 (now repealed) that identifies vendors or
| 6 | | practitioners, or both, who are prescribing or dispensing large | 7 | | quantities of
Schedule II, III, IV, or V controlled
substances | 8 | | outside the scope of their practice, pharmacy, or business, as | 9 | | determined by the Advisory Committee created by Section 320.
| 10 | | (g) The information described in subsection (f) may not be | 11 | | released until it
has been reviewed by an employee of the | 12 | | Department who is licensed as a
prescriber or a dispenser
and | 13 | | until that employee has certified
that further investigation is | 14 | | warranted. However, failure to comply with this
subsection (g) | 15 | | does not invalidate the use of any evidence that is otherwise
| 16 | | admissible in a proceeding described in subsection (h).
| 17 | | (h) An investigator or a law enforcement officer receiving | 18 | | confidential
information under subsection (c), (d), or (f) may | 19 | | disclose the information to a
law enforcement officer or an | 20 | | attorney for the office of the Attorney General
for use as | 21 | | evidence in the following:
| 22 | | (1) A proceeding under any State or federal law that | 23 | | involves a
controlled substance.
| 24 | | (2) A criminal proceeding or a proceeding in juvenile | 25 | | court that involves
a controlled substance.
| 26 | | (i) The Department may compile statistical reports from the
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| 1 | | information described in subsection (a). The reports must not | 2 | | include
information that identifies, by name, license or | 3 | | address, any practitioner, dispenser, ultimate user, or other | 4 | | person
administering a controlled substance.
| 5 | | (j) Based upon federal, initial and maintenance funding, a | 6 | | prescriber and dispenser inquiry system shall be developed to | 7 | | assist the health care community in its goal of effective | 8 | | clinical practice and to prevent patients from diverting or | 9 | | abusing medications.
| 10 | | (1) An inquirer shall have read-only access to a | 11 | | stand-alone database which shall contain records for the | 12 | | previous 12 months. | 13 | | (2) Dispensers may, upon positive and secure | 14 | | identification, make an inquiry on a patient or customer | 15 | | solely for a medical purpose as delineated within the | 16 | | federal HIPAA law. | 17 | | (3) The Department shall provide a one-to-one secure | 18 | | link and encrypted software necessary to establish the link | 19 | | between an inquirer and the Department. Technical | 20 | | assistance shall also be provided. | 21 | | (4) Written inquiries are acceptable but must include | 22 | | the fee and the requestor's Drug Enforcement | 23 | | Administration license number and submitted upon the | 24 | | requestor's business stationery. | 25 | | (5) As directed by the Prescription Monitoring Program | 26 | | Advisory Committee and the Clinical Director for the |
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| 1 | | Prescription Monitoring Program, aggregate data that does | 2 | | not indicate any prescriber, practitioner, dispenser, or | 3 | | patient may be used for clinical studies. | 4 | | (6) Tracking analysis shall be established and used per | 5 | | administrative rule. | 6 | | (7) Nothing in this Act or Illinois law shall be | 7 | | construed to require a prescriber or dispenser to make use | 8 | | of this inquiry system.
| 9 | | (8) If there is an adverse outcome because of a | 10 | | prescriber or dispenser making an inquiry, which is | 11 | | initiated in good faith, the prescriber or dispenser shall | 12 | | be held harmless from any civil liability.
| 13 | | (k) The Department shall establish, by rule, the process by | 14 | | which to evaluate possible erroneous association of | 15 | | prescriptions to any licensed prescriber or end user of the | 16 | | Illinois Prescription Information Library (PIL). | 17 | | (l) The Prescription Monitoring Program Advisory Committee | 18 | | is authorized to evaluate the need for and method of | 19 | | establishing a patient specific identifier. | 20 | | (m) Patients who identify prescriptions attributed to them | 21 | | that were not obtained by them shall be given access to their | 22 | | personal prescription history pursuant to the validation | 23 | | process as set forth by administrative rule. | 24 | | (n) The Prescription Monitoring Program is authorized to | 25 | | develop operational push reports to entities with compatible | 26 | | electronic medical records. The process shall be covered within |
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| 1 | | administrative rule established by the Department. | 2 | | (o) Hospital emergency departments and freestanding | 3 | | healthcare facilities providing healthcare to walk-in patients | 4 | | may obtain, for the purpose of improving patient care, a unique | 5 | | identifier for each shift to utilize the PIL system. | 6 | | (p) The Prescription Monitoring Program shall | 7 | | automatically create a log-in to the inquiry system when a | 8 | | prescriber or dispenser obtains or renews his or her controlled | 9 | | substance license. The Department of Financial and | 10 | | Professional Regulation must provide the Prescription | 11 | | Monitoring Program with electronic access to the license | 12 | | information of a prescriber or dispenser to facilitate the | 13 | | creation of this profile. The Prescription Monitoring Program | 14 | | shall send the prescriber or dispenser information regarding | 15 | | the inquiry system, including instructions on how to log into | 16 | | the system, instructions on how to use the system to promote | 17 | | effective clinical practice, and opportunities for continuing | 18 | | education for the prescribing of controlled substances. The | 19 | | Prescription Monitoring Program shall also send to all enrolled | 20 | | prescribers, dispensers, and designees information regarding | 21 | | the unsolicited reports produced pursuant to Section 314.5 of | 22 | | this Act. | 23 | | (q) A prescriber or dispenser may authorize a designee to | 24 | | consult the inquiry system established by the Department under | 25 | | this subsection on his or her behalf, provided that all the | 26 | | following conditions are met: |
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| 1 | | (1) the designee so authorized is employed by the same | 2 | | hospital or health care system; is employed by the same | 3 | | professional practice; or is under contract with such | 4 | | practice, hospital, or health care system; | 5 | | (2) the prescriber or dispenser takes reasonable steps | 6 | | to ensure that such designee is sufficiently competent in | 7 | | the use of the inquiry system; | 8 | | (3) the prescriber or dispenser remains responsible | 9 | | for ensuring that access to the inquiry system by the | 10 | | designee is limited to authorized purposes and occurs in a | 11 | | manner that protects the confidentiality of the | 12 | | information obtained from the inquiry system, and remains | 13 | | responsible for any breach of confidentiality; and | 14 | | (4) the ultimate decision as to whether or not to | 15 | | prescribe or dispense a controlled substance remains with | 16 | | the prescriber or dispenser. | 17 | | The Prescription Monitoring Program shall send to | 18 | | registered designees information regarding the inquiry system, | 19 | | including instructions on how to log onto the system. | 20 | | (r) The Prescription Monitoring Program shall maintain an | 21 | | Internet website in conjunction with its prescriber and | 22 | | dispenser inquiry system. This website shall include, at a | 23 | | minimum, the following information: | 24 | | (1) current clinical guidelines developed by health | 25 | | care professional organizations on the prescribing of | 26 | | opioids or other controlled substances as determined by the |
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| 1 | | Advisory Committee; | 2 | | (2) accredited continuing education programs related | 3 | | to prescribing of controlled substances; | 4 | | (3) programs or information developed by health care | 5 | | professionals that may be used to assess patients or help | 6 | | ensure compliance with prescriptions; | 7 | | (4) updates from the Food and Drug Administration, the | 8 | | Centers for Disease Control and Prevention, and other | 9 | | public and private organizations which are relevant to | 10 | | prescribing; | 11 | | (5) relevant medical studies related to prescribing; | 12 | | (6) other information regarding the prescription of | 13 | | controlled substances; and | 14 | | (7) information regarding prescription drug disposal | 15 | | events, including take-back programs or other disposal | 16 | | options or events. | 17 | | The content of the Internet website shall be periodically | 18 | | reviewed by the Prescription Monitoring Program Advisory | 19 | | Committee as set forth in Section 320 and updated in accordance | 20 | | with the recommendation of the advisory committee. | 21 | | (s) The Prescription Monitoring Program shall regularly | 22 | | send electronic updates to the registered users of the Program. | 23 | | The Prescription Monitoring Program Advisory Committee shall | 24 | | review any communications sent to registered users and also | 25 | | make recommendations for communications as set forth in Section | 26 | | 320. These updates shall include the following information: |
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| 1 | | (1) opportunities for accredited continuing education | 2 | | programs related to prescribing of controlled substances; | 3 | | (2) current clinical guidelines developed by health | 4 | | care professional organizations on the prescribing of | 5 | | opioids or other drugs as determined by the Advisory | 6 | | Committee; | 7 | | (3) programs or information developed by health care | 8 | | professionals that may be used to assess patients or help | 9 | | ensure compliance with prescriptions; | 10 | | (4) updates from the Food and Drug Administration, the | 11 | | Centers for Disease Control and Prevention, and other | 12 | | public and private organizations which are relevant to | 13 | | prescribing; | 14 | | (5) relevant medical studies related to prescribing; | 15 | | (6) other information regarding prescribing of | 16 | | controlled substances; | 17 | | (7) information regarding prescription drug disposal | 18 | | events, including take-back programs or other disposal | 19 | | options or events; and | 20 | | (8) reminders that the Prescription Monitoring Program | 21 | | is a useful clinical tool. | 22 | | (Source: P.A. 99-480, eff. 9-9-15; 100-125, eff. 1-1-18 .)
| 23 | | (720 ILCS 570/320)
| 24 | | Sec. 320. Advisory committee.
| 25 | | (a) There is created a Prescription Monitoring Program |
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| 1 | | Advisory Committee to
assist the Department of Human Services | 2 | | in implementing the Prescription Monitoring Program created by | 3 | | this Article and to advise the Department on the professional | 4 | | performance of prescribers and dispensers and other matters | 5 | | germane to the advisory committee's field of competence.
| 6 | | (b) The Prescription Monitoring Program Advisory Committee | 7 | | shall consist of 12 members appointed by the Clinical Director | 8 | | of the Prescription Monitoring Program The Clinical Director of | 9 | | the Prescription Monitoring Program shall appoint members to
| 10 | | serve on the advisory committee. The advisory committee shall | 11 | | be composed of prescribers and dispensers licensed to practice | 12 | | medicine in his or her respective profession as follows: 4 | 13 | | physicians licensed to practice medicine in all its branches ; | 14 | | one advanced practice registered nurse; one physician | 15 | | assistant; one optometrist or ophthalmologist ; one dentist; | 16 | | one podiatric physician; and 3 pharmacists. The Advisory | 17 | | Committee members serving on the effective date of this | 18 | | amendatory Act of the 100th General Assembly shall continue to | 19 | | serve until January 1, 2019. Prescriber and dispenser | 20 | | nominations for membership on the Committee shall be submitted | 21 | | by their respective professional associations. If there are | 22 | | more nominees than membership positions for a prescriber or | 23 | | dispenser category, as provided in this subsection (b), the | 24 | | Clinical Director of the Prescription Monitoring Program shall | 25 | | appoint a member or members for each profession as provided in | 26 | | this subsection (b), from the nominations to
serve on the |
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| 1 | | advisory committee. At the first meeting of the Committee in | 2 | | 2019 members shall draw lots for initial terms and 4 members | 3 | | shall serve 3 years, 4 members shall serve 2 years, and 4 | 4 | | members shall serve one year. Thereafter, members shall serve 3 | 5 | | year terms. Members may serve more than one term but no more | 6 | | than 3 terms. The Clinical Director of the Prescription | 7 | | Monitoring Program may appoint a representative of an | 8 | | organization representing a profession required to be | 9 | | appointed. The Clinical Director of the Prescription | 10 | | Monitoring Program shall serve as the Secretary chair of the | 11 | | committee.
| 12 | | (c) The advisory committee may appoint a chairperson and | 13 | | its other officers as it deems
appropriate.
| 14 | | (d) The members of the advisory committee shall receive no | 15 | | compensation for
their services as members of the advisory | 16 | | committee , unless appropriated by the General Assembly, but may | 17 | | be reimbursed for
their actual expenses incurred in serving on | 18 | | the advisory committee.
| 19 | | (e) The advisory committee shall: | 20 | | (1) provide a uniform approach to reviewing this Act in | 21 | | order to determine whether changes should be recommended to | 22 | | the General Assembly; | 23 | | (2) review current drug schedules in order to manage | 24 | | changes to the administrative rules pertaining to the | 25 | | utilization of this Act; | 26 | | (3) review the following: current clinical guidelines |
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| 1 | | developed by health care professional organizations on the | 2 | | prescribing of opioids or other controlled substances; | 3 | | accredited continuing education programs related to | 4 | | prescribing and dispensing; programs or information | 5 | | developed by health care professional organizations that | 6 | | may be used to assess patients or help ensure compliance | 7 | | with prescriptions; updates from the Food and Drug | 8 | | Administration, the Centers for Disease Control and | 9 | | Prevention, and other public and private organizations | 10 | | which are relevant to prescribing and dispensing; relevant | 11 | | medical studies; and other publications which involve the | 12 | | prescription of controlled substances; | 13 | | (4) make recommendations for inclusion of these | 14 | | materials or other studies which may be effective resources | 15 | | for prescribers and dispensers on the Internet website of | 16 | | the inquiry system established under Section 318; | 17 | | (5) semi-annually on at least a quarterly basis, review | 18 | | the content of the Internet website of the inquiry system | 19 | | established pursuant to Section 318 to ensure this Internet | 20 | | website has the most current available information; | 21 | | (6) semi-annually on at least a quarterly basis, review | 22 | | opportunities for federal grants and other forms of funding | 23 | | to support projects which will increase the number of pilot | 24 | | programs which integrate the inquiry system with | 25 | | electronic health records; and | 26 | | (7) semi-annually on at least a quarterly basis, review |
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| 1 | | communication to be sent to all registered users of the | 2 | | inquiry system established pursuant to Section 318, | 3 | | including recommendations for relevant accredited | 4 | | continuing education and information regarding prescribing | 5 | | and dispensing. | 6 | | (f) The Advisory Committee shall select from its members 7 | 7 | | members of the Peer Review Committee composed of: The Clinical | 8 | | Director of the Prescription Monitoring Program shall select 5 | 9 | | members, 3 physicians and 2 pharmacists, of the Prescription | 10 | | Monitoring Program Advisory Committee to serve as members of | 11 | | the peer review subcommittee. | 12 | | (1) 2 physicians; | 13 | | (2) one pharmacist; | 14 | | (3) one dentist; | 15 | | (4) one advanced practice registered nurse; | 16 | | (5) one physician assistant; and | 17 | | (6) one optometrist or ophthalmologist. | 18 | | The purpose of the Peer Review Committee peer review | 19 | | subcommittee is to advise the Program on matters germane to the | 20 | | advisory committee's field of competence, establish a formal | 21 | | peer review of professional performance of prescribers and | 22 | | dispensers , and develop communications to transmit to | 23 | | prescribers and dispensers . The deliberations, information, | 24 | | and communications of the Peer Review Committee peer review | 25 | | subcommittee are privileged and confidential and shall not be | 26 | | disclosed in any manner except in accordance with current law. |
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| 1 | | (1) The Peer Review Committee peer review subcommittee | 2 | | shall periodically review the data contained within the | 3 | | prescription monitoring program to identify those | 4 | | prescribers or dispensers who may be prescribing or | 5 | | dispensing outside the currently accepted standard and | 6 | | practice standards in the course of their profession | 7 | | professional practice . The Peer Review Committee member, | 8 | | whose profession is the same as the prescriber or dispenser | 9 | | being reviewed, shall prepare a preliminary report and | 10 | | recommendation for any non-action or action. The | 11 | | Prescription Monitoring Program Clinical Director and | 12 | | staff shall provide the necessary assistance and data as | 13 | | required. | 14 | | (2) The Peer Review Committee peer review subcommittee | 15 | | may identify prescribers or dispensers who may be | 16 | | prescribing outside the currently accepted medical | 17 | | standards in the course of their professional practice and | 18 | | send the identified prescriber or dispenser a request for | 19 | | information regarding their prescribing or dispensing | 20 | | practices. This request for information shall be sent via | 21 | | certified mail, return receipt requested. A prescriber or | 22 | | dispenser shall have 30 days to respond to the request for | 23 | | information. | 24 | | (3) The Peer Review Committee peer review subcommittee | 25 | | shall refer a prescriber or a dispenser to the Department | 26 | | of Financial and Professional Regulation in the following |
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| 1 | | situations: | 2 | | (i) if a prescriber or dispenser does not respond | 3 | | to three successive requests for information; | 4 | | (ii) in the opinion of a majority of members of the | 5 | | Peer Review Committee peer review subcommittee , the | 6 | | prescriber or dispenser does not have a satisfactory | 7 | | explanation for the practices identified by the Peer | 8 | | Review Committee peer review subcommittee in its | 9 | | request for information; or | 10 | | (iii) following communications with the Peer | 11 | | Review Committee peer review subcommittee , the | 12 | | prescriber or dispenser does not sufficiently rectify | 13 | | the practices identified in the request for | 14 | | information in the opinion of a majority of the members | 15 | | of the Peer Review Committee peer review subcommittee . | 16 | | (4) The Department of Financial and Professional | 17 | | Regulation may initiate an investigation and discipline in | 18 | | accordance with current laws and rules for any prescriber | 19 | | or dispenser referred by the peer review subcommittee. | 20 | | (5) The Peer Review Committee peer review subcommittee | 21 | | shall prepare an annual report starting on July 1, 2017. | 22 | | This report shall contain the following information: the | 23 | | number of times the Peer Review Committee peer review | 24 | | subcommittee was convened; the number of prescribers or | 25 | | dispensers who were reviewed by the Peer Review Committee | 26 | | peer review committee ; the number of requests for |
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| 1 | | information sent out by the Peer Review Committee peer | 2 | | review subcommittee ; and the number of prescribers or | 3 | | dispensers referred to the Department of Financial and | 4 | | Professional Regulation. The annual report shall be | 5 | | delivered electronically to the Department and to the | 6 | | General Assembly. The report to the General Assembly shall | 7 | | be filed with the Clerk of the House of Representatives and | 8 | | the Secretary of the Senate in electronic form only, in the | 9 | | manner that the Clerk and the Secretary shall direct. The | 10 | | report prepared by the Peer Review Committee peer review | 11 | | subcommittee shall not identify any prescriber, dispenser, | 12 | | or patient. | 13 | | (Source: P.A. 99-480, eff. 9-9-15; 100-513, eff. 1-1-18 .)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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