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Public Act 100-0564


 

Public Act 0564 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0564
 
SB0772 EnrolledLRB100 05738 SMS 15761 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. 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. 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 3 or more
prescribers or 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 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. 99-480, eff. 9-9-15.)
 
    (720 ILCS 570/316)
    Sec. 316. Prescription Monitoring Program monitoring
program.
    (a) The Department must provide for a Prescription
Monitoring Program 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:
            (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.
    (b) The Department, by rule, may include in the
Prescription Monitoring Program monitoring program certain
other select drugs that are not included in Schedule II, III,
IV, or V. The Prescription Monitoring Program 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). Within one year of the effective date of this
amendatory Act of the 99th General Assembly, the Department
shall adopt rules establishing pilot initiatives involving a
cross-section of hospitals in this State to increase electronic
integration of a hospital's electronic health record with the
Prescription Monitoring Program on or before January 1, 2019 to
ensure all providers have timely access to relevant
prescription information during the treatment of their
patients. These rules shall also establish pilots that enhance
the electronic integration of outpatient pharmacy records with
the Prescription Monitoring Program to allow for faster
transmission of the information required under this Section. In
collaboration with the Department of Human Services, the
Prescription Monitoring Program Advisory Committee shall
identify funding sources to support the pilot projects in this
Section and distribution of funds shall be based on voluntary
and incentive-based models. The rules adopted by the Department
shall also ensure that the Department continues to monitor
updates in Electronic Health Record Technology and how other
states have integrated their prescription monitoring databases
with Electronic Health Records.
    (f) Within one year of the effective date of this
amendatory Act of the 100th General Assembly, 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 Advisory
Committee, shall adopt rules allowing licensed prescribers or
pharmacists who have registered to access the Prescription
Monitoring Program to authorize a designee 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.
(Source: P.A. 99-480, eff. 9-9-15.)
 
    Section 99. Effective date. This Act takes effect on
January 1, 2018.

Effective Date: 1/1/2018