Public Act 100-1005
 
HB4650 EnrolledLRB100 17477 SLF 32646 b


  
    AN ACT concerning criminal law.
  
 
    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 Section 316 as follows:
 



    (720 ILCS 570/316)


    Sec. 316. Prescription Monitoring Program. 
    (a) The Department must provide for a
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 certain other select drugs 
that are not included in Schedule II, III, IV, or V. The 
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). 
    (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. In this 
subsection (g), "pharmacist" shall include a clinical 
pharmacist employed by and designated by a Medicaid Managed 
Care Organization providing services under Article V of the 
Illinois Public Aid Code under a contract with the Department 
of Health and Family Services for the sole purpose of clinical 
review of services provided to persons covered by the entity 
under the contract to determine compliance with subsections (a) 
and (b) of Section 314.5 of this Act.  A managed care entity 
pharmacist shall notify prescribers of review activities. 
(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.