101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5794

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 570/102  from Ch. 56 1/2, par. 1102
720 ILCS 570/203  from Ch. 56 1/2, par. 1203
720 ILCS 570/205  from Ch. 56 1/2, par. 1205
720 ILCS 570/207  from Ch. 56 1/2, par. 1207
720 ILCS 570/209  from Ch. 56 1/2, par. 1209
720 ILCS 570/211  from Ch. 56 1/2, par. 1211
720 ILCS 570/316
720 ILCS 570/317
720 ILCS 570/318
720 ILCS 570/320
720 ILCS 570/507.2

    Amends the Illinois Controlled Substances Act. Provides that the Department of Financial and Professional Regulation (instead of the Department of Human Services) must provide for a Prescription Monitoring Program for Schedule II, III, IV, and V controlled substances. Makes conforming and related changes. Provides that within one year after the effective date of the amendatory Act (instead of within one year of January 1, 2018) the Department of Financial and Professional Regulation (instead of the Department of Human Services) shall adopt rules requiring all Electronic Health Records Systems to interface with the Prescription Monitoring Program application program on or before January 1, 2022 (instead of January 1, 2021) to ensure that all providers have access to specific patient records during the treatment of their patients. Contains provisions concerning the transfer of rulemaking authority to the Department of Financial and Professional Regulation from the Department of Human Services. Effective immediately.


LRB101 21383 CPF 72011 b

 

 

A BILL FOR

 

HB5794LRB101 21383 CPF 72011 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 Sections 102, 203, 205, 207, 208, 209, 211,
6316, 317, 318, 320, and 507.2 as follows:
 
7    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
8    Sec. 102. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Addict" means any person who habitually uses any drug,
11chemical, substance or dangerous drug other than alcohol so as
12to endanger the public morals, health, safety or welfare or who
13is so far addicted to the use of a dangerous drug or controlled
14substance other than alcohol as to have lost the power of self
15control with reference to his or her addiction.
16    (b) "Administer" means the direct application of a
17controlled substance, whether by injection, inhalation,
18ingestion, or any other means, to the body of a patient,
19research subject, or animal (as defined by the Humane
20Euthanasia in Animal Shelters Act) by:
21        (1) a practitioner (or, in his or her presence, by his
22    or her authorized agent),
23        (2) the patient or research subject pursuant to an

 

 

HB5794- 2 -LRB101 21383 CPF 72011 b

1    order, or
2        (3) a euthanasia technician as defined by the Humane
3    Euthanasia in Animal Shelters Act.
4    (c) "Agent" means an authorized person who acts on behalf
5of or at the direction of a manufacturer, distributor,
6dispenser, prescriber, or practitioner. It does not include a
7common or contract carrier, public warehouseman or employee of
8the carrier or warehouseman.
9    (c-1) "Anabolic Steroids" means any drug or hormonal
10substance, chemically and pharmacologically related to
11testosterone (other than estrogens, progestins,
12corticosteroids, and dehydroepiandrosterone), and includes:
13    (i) 3[beta],17-dihydroxy-5a-androstane, 
14    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
15    (iii) 5[alpha]-androstan-3,17-dione, 
16    (iv) 1-androstenediol (3[beta], 
17        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
18    (v) 1-androstenediol (3[alpha], 
19        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
20    (vi) 4-androstenediol  
21        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
22    (vii) 5-androstenediol  
23        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
24    (viii) 1-androstenedione  
25        ([5alpha]-androst-1-en-3,17-dione), 
26    (ix) 4-androstenedione  

 

 

HB5794- 3 -LRB101 21383 CPF 72011 b

1        (androst-4-en-3,17-dione), 
2    (x) 5-androstenedione  
3        (androst-5-en-3,17-dione), 
4    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
5        hydroxyandrost-4-en-3-one), 
6    (xii) boldenone (17[beta]-hydroxyandrost- 
7        1,4,-diene-3-one), 
8    (xiii) boldione (androsta-1,4- 
9        diene-3,17-dione), 
10    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
11        [beta]-hydroxyandrost-4-en-3-one), 
12    (xv) clostebol (4-chloro-17[beta]- 
13        hydroxyandrost-4-en-3-one), 
14    (xvi) dehydrochloromethyltestosterone (4-chloro- 
15        17[beta]-hydroxy-17[alpha]-methyl- 
16        androst-1,4-dien-3-one), 
17    (xvii) desoxymethyltestosterone 
18    (17[alpha]-methyl-5[alpha] 
19        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
20    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
21        '1-testosterone') (17[beta]-hydroxy- 
22        5[alpha]-androst-1-en-3-one), 
23    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
24        androstan-3-one), 
25    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
26        5[alpha]-androstan-3-one), 

 

 

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1    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
2        hydroxyestr-4-ene), 
3    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
4        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
5    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
6        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
7    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
8        hydroxyandrostano[2,3-c]-furazan), 
9    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, 
10    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
11        androst-4-en-3-one), 
12    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
13        dihydroxy-estr-4-en-3-one), 
14    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
15        hydroxy-5-androstan-3-one), 
16    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
17        [5a]-androstan-3-one), 
18    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
19        hydroxyandrost-1,4-dien-3-one), 
20    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
21        dihydroxyandrost-5-ene), 
22    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
23        5[alpha]-androst-1-en-3-one), 
24    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
25        dihydroxy-5a-androstane, 
26    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 

 

 

HB5794- 5 -LRB101 21383 CPF 72011 b

1        -5a-androstane, 
2    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
3        dihydroxyandrost-4-ene), 
4    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
5        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
6    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
7        hydroxyestra-4,9(10)-dien-3-one), 
8    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
9        hydroxyestra-4,9-11-trien-3-one), 
10    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
11        hydroxyandrost-4-en-3-one), 
12    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
13        hydroxyestr-4-en-3-one), 
14    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
15        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
16        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
17        1-testosterone'), 
18    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
19    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
20        dihydroxyestr-4-ene), 
21    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
22        dihydroxyestr-4-ene), 
23    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
24        dihydroxyestr-5-ene), 
25    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
26        dihydroxyestr-5-ene), 

 

 

HB5794- 6 -LRB101 21383 CPF 72011 b

1    (xlvii) 19-nor-4,9(10)-androstadienedione  
2        (estra-4,9(10)-diene-3,17-dione), 
3    (xlviii) 19-nor-4-androstenedione (estr-4- 
4        en-3,17-dione), 
5    (xlix) 19-nor-5-androstenedione (estr-5- 
6        en-3,17-dione), 
7    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
8        hydroxygon-4-en-3-one), 
9    (li) norclostebol (4-chloro-17[beta]- 
10        hydroxyestr-4-en-3-one), 
11    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
12        hydroxyestr-4-en-3-one), 
13    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
14        hydroxyestr-4-en-3-one), 
15    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
16        2-oxa-5[alpha]-androstan-3-one), 
17    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
18        dihydroxyandrost-4-en-3-one), 
19    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
20        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
21    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
22        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
23    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
24        (5[alpha]-androst-1-en-3-one), 
25    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
26        secoandrosta-1,4-dien-17-oic 

 

 

HB5794- 7 -LRB101 21383 CPF 72011 b

1        acid lactone), 
2    (lx) testosterone (17[beta]-hydroxyandrost- 
3        4-en-3-one), 
4    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
5        diethyl-17[beta]-hydroxygon- 
6        4,9,11-trien-3-one), 
7    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
8        11-trien-3-one). 
9    Any person who is otherwise lawfully in possession of an
10anabolic steroid, or who otherwise lawfully manufactures,
11distributes, dispenses, delivers, or possesses with intent to
12deliver an anabolic steroid, which anabolic steroid is
13expressly intended for and lawfully allowed to be administered
14through implants to livestock or other nonhuman species, and
15which is approved by the Secretary of Health and Human Services
16for such administration, and which the person intends to
17administer or have administered through such implants, shall
18not be considered to be in unauthorized possession or to
19unlawfully manufacture, distribute, dispense, deliver, or
20possess with intent to deliver such anabolic steroid for
21purposes of this Act.
22    (d) "Administration" means the Drug Enforcement
23Administration, United States Department of Justice, or its
24successor agency.
25    (d-5) "Clinical Director, Prescription Monitoring Program"
26means a Department of Financial and Professional Regulation

 

 

HB5794- 8 -LRB101 21383 CPF 72011 b

1Human Services administrative employee licensed to either
2prescribe or dispense controlled substances who shall run the
3clinical aspects of the Department of Financial and
4Professional Regulation Human Services Prescription Monitoring
5Program and the its Prescription Information Library.
6    (d-10) "Compounding" means the preparation and mixing of
7components, excluding flavorings, (1) as the result of a
8prescriber's prescription drug order or initiative based on the
9prescriber-patient-pharmacist relationship in the course of
10professional practice or (2) for the purpose of, or incident
11to, research, teaching, or chemical analysis and not for sale
12or dispensing. "Compounding" includes the preparation of drugs
13or devices in anticipation of receiving prescription drug
14orders based on routine, regularly observed dispensing
15patterns. Commercially available products may be compounded
16for dispensing to individual patients only if both of the
17following conditions are met: (i) the commercial product is not
18reasonably available from normal distribution channels in a
19timely manner to meet the patient's needs and (ii) the
20prescribing practitioner has requested that the drug be
21compounded.
22    (e) "Control" means to add a drug or other substance, or
23immediate precursor, to a Schedule whether by transfer from
24another Schedule or otherwise.
25    (f) "Controlled Substance" means (i) a drug, substance,
26immediate precursor, or synthetic drug in the Schedules of

 

 

HB5794- 9 -LRB101 21383 CPF 72011 b

1Article II of this Act or (ii) a drug or other substance, or
2immediate precursor, designated as a controlled substance by
3the Department through administrative rule. The term does not
4include distilled spirits, wine, malt beverages, or tobacco, as
5those terms are defined or used in the Liquor Control Act of
61934 and the Tobacco Products Tax Act of 1995.
7    (f-5) "Controlled substance analog" means a substance:
8        (1) the chemical structure of which is substantially
9    similar to the chemical structure of a controlled substance
10    in Schedule I or II;
11        (2) which has a stimulant, depressant, or
12    hallucinogenic effect on the central nervous system that is
13    substantially similar to or greater than the stimulant,
14    depressant, or hallucinogenic effect on the central
15    nervous system of a controlled substance in Schedule I or
16    II; or
17        (3) with respect to a particular person, which such
18    person represents or intends to have a stimulant,
19    depressant, or hallucinogenic effect on the central
20    nervous system that is substantially similar to or greater
21    than the stimulant, depressant, or hallucinogenic effect
22    on the central nervous system of a controlled substance in
23    Schedule I or II.
24    (g) "Counterfeit substance" means a controlled substance,
25which, or the container or labeling of which, without
26authorization bears the trademark, trade name, or other

 

 

HB5794- 10 -LRB101 21383 CPF 72011 b

1identifying mark, imprint, number or device, or any likeness
2thereof, of a manufacturer, distributor, or dispenser other
3than the person who in fact manufactured, distributed, or
4dispensed the substance.
5    (h) "Deliver" or "delivery" means the actual, constructive
6or attempted transfer of possession of a controlled substance,
7with or without consideration, whether or not there is an
8agency relationship.
9    (i) "Department" means the Illinois Department of Human
10Services (as successor to the Department of Alcoholism and
11Substance Abuse) or its successor agency.
12    (j) (Blank).
13    (k) "Department of Corrections" means the Department of
14Corrections of the State of Illinois or its successor agency.
15    (l) "Department of Financial and Professional Regulation"
16means the Department of Financial and Professional Regulation
17of the State of Illinois or its successor agency.
18    (m) "Depressant" means any drug that (i) causes an overall
19depression of central nervous system functions, (ii) causes
20impaired consciousness and awareness, and (iii) can be
21habit-forming or lead to a substance abuse problem, including
22but not limited to alcohol, cannabis and its active principles
23and their analogs, benzodiazepines and their analogs,
24barbiturates and their analogs, opioids (natural and
25synthetic) and their analogs, and chloral hydrate and similar
26sedative hypnotics.

 

 

HB5794- 11 -LRB101 21383 CPF 72011 b

1    (n) (Blank).
2    (o) "Director" means the Director of the Illinois State
3Police or his or her designated agents.
4    (p) "Dispense" means to deliver a controlled substance to
5an ultimate user or research subject by or pursuant to the
6lawful order of a prescriber, including the prescribing,
7administering, packaging, labeling, or compounding necessary
8to prepare the substance for that delivery.
9    (q) "Dispenser" means a practitioner who dispenses.
10    (r) "Distribute" means to deliver, other than by
11administering or dispensing, a controlled substance.
12    (s) "Distributor" means a person who distributes.
13    (t) "Drug" means (1) substances recognized as drugs in the
14official United States Pharmacopoeia, Official Homeopathic
15Pharmacopoeia of the United States, or official National
16Formulary, or any supplement to any of them; (2) substances
17intended for use in diagnosis, cure, mitigation, treatment, or
18prevention of disease in man or animals; (3) substances (other
19than food) intended to affect the structure of any function of
20the body of man or animals and (4) substances intended for use
21as a component of any article specified in clause (1), (2), or
22(3) of this subsection. It does not include devices or their
23components, parts, or accessories.
24    (t-3) "Electronic health record" or "EHR" means an
25electronic record of health-related information on an
26individual that is created, gathered, managed, and consulted by

 

 

HB5794- 12 -LRB101 21383 CPF 72011 b

1authorized health care clinicians and staff.
2    (t-4) "Emergency medical services personnel" has the
3meaning ascribed to it in the Emergency Medical Services (EMS)
4Systems Act.
5    (t-5) "Euthanasia agency" means an entity certified by the
6Department of Financial and Professional Regulation for the
7purpose of animal euthanasia that holds an animal control
8facility license or animal shelter license under the Animal
9Welfare Act. A euthanasia agency is authorized to purchase,
10store, possess, and utilize Schedule II nonnarcotic and
11Schedule III nonnarcotic drugs for the sole purpose of animal
12euthanasia.
13    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
14substances (nonnarcotic controlled substances) that are used
15by a euthanasia agency for the purpose of animal euthanasia.
16    (u) "Good faith" means the prescribing or dispensing of a
17controlled substance by a practitioner in the regular course of
18professional treatment to or for any person who is under his or
19her treatment for a pathology or condition other than that
20individual's physical or psychological dependence upon or
21addiction to a controlled substance, except as provided herein:
22and application of the term to a pharmacist shall mean the
23dispensing of a controlled substance pursuant to the
24prescriber's order which in the professional judgment of the
25pharmacist is lawful. The pharmacist shall be guided by
26accepted professional standards including, but not limited to

 

 

HB5794- 13 -LRB101 21383 CPF 72011 b

1the following, in making the judgment:
2        (1) lack of consistency of prescriber-patient
3    relationship,
4        (2) frequency of prescriptions for same drug by one
5    prescriber for large numbers of patients,
6        (3) quantities beyond those normally prescribed,
7        (4) unusual dosages (recognizing that there may be
8    clinical circumstances where more or less than the usual
9    dose may be used legitimately),
10        (5) unusual geographic distances between patient,
11    pharmacist and prescriber,
12        (6) consistent prescribing of habit-forming drugs.
13    (u-0.5) "Hallucinogen" means a drug that causes markedly
14altered sensory perception leading to hallucinations of any
15type.
16    (u-1) "Home infusion services" means services provided by a
17pharmacy in compounding solutions for direct administration to
18a patient in a private residence, long-term care facility, or
19hospice setting by means of parenteral, intravenous,
20intramuscular, subcutaneous, or intraspinal infusion.
21    (u-5) "Illinois State Police" means the State Police of the
22State of Illinois, or its successor agency.
23    (v) "Immediate precursor" means a substance:
24        (1) which the Department has found to be and by rule
25    designated as being a principal compound used, or produced
26    primarily for use, in the manufacture of a controlled

 

 

HB5794- 14 -LRB101 21383 CPF 72011 b

1    substance;
2        (2) which is an immediate chemical intermediary used or
3    likely to be used in the manufacture of such controlled
4    substance; and
5        (3) the control of which is necessary to prevent,
6    curtail or limit the manufacture of such controlled
7    substance.
8    (w) "Instructional activities" means the acts of teaching,
9educating or instructing by practitioners using controlled
10substances within educational facilities approved by the State
11Board of Education or its successor agency.
12    (x) "Local authorities" means a duly organized State,
13County or Municipal peace unit or police force.
14    (y) "Look-alike substance" means a substance, other than a
15controlled substance which (1) by overall dosage unit
16appearance, including shape, color, size, markings or lack
17thereof, taste, consistency, or any other identifying physical
18characteristic of the substance, would lead a reasonable person
19to believe that the substance is a controlled substance, or (2)
20is expressly or impliedly represented to be a controlled
21substance or is distributed under circumstances which would
22lead a reasonable person to believe that the substance is a
23controlled substance. For the purpose of determining whether
24the representations made or the circumstances of the
25distribution would lead a reasonable person to believe the
26substance to be a controlled substance under this clause (2) of

 

 

HB5794- 15 -LRB101 21383 CPF 72011 b

1subsection (y), the court or other authority may consider the
2following factors in addition to any other factor that may be
3relevant:
4        (a) statements made by the owner or person in control
5    of the substance concerning its nature, use or effect;
6        (b) statements made to the buyer or recipient that the
7    substance may be resold for profit;
8        (c) whether the substance is packaged in a manner
9    normally used for the illegal distribution of controlled
10    substances;
11        (d) whether the distribution or attempted distribution
12    included an exchange of or demand for money or other
13    property as consideration, and whether the amount of the
14    consideration was substantially greater than the
15    reasonable retail market value of the substance.
16    Clause (1) of this subsection (y) shall not apply to a
17noncontrolled substance in its finished dosage form that was
18initially introduced into commerce prior to the initial
19introduction into commerce of a controlled substance in its
20finished dosage form which it may substantially resemble.
21    Nothing in this subsection (y) prohibits the dispensing or
22distributing of noncontrolled substances by persons authorized
23to dispense and distribute controlled substances under this
24Act, provided that such action would be deemed to be carried
25out in good faith under subsection (u) if the substances
26involved were controlled substances.

 

 

HB5794- 16 -LRB101 21383 CPF 72011 b

1    Nothing in this subsection (y) or in this Act prohibits the
2manufacture, preparation, propagation, compounding,
3processing, packaging, advertising or distribution of a drug or
4drugs by any person registered pursuant to Section 510 of the
5Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
6    (y-1) "Mail-order pharmacy" means a pharmacy that is
7located in a state of the United States that delivers,
8dispenses or distributes, through the United States Postal
9Service or other common carrier, to Illinois residents, any
10substance which requires a prescription.
11    (z) "Manufacture" means the production, preparation,
12propagation, compounding, conversion or processing of a
13controlled substance other than methamphetamine, either
14directly or indirectly, by extraction from substances of
15natural origin, or independently by means of chemical
16synthesis, or by a combination of extraction and chemical
17synthesis, and includes any packaging or repackaging of the
18substance or labeling of its container, except that this term
19does not include:
20        (1) by an ultimate user, the preparation or compounding
21    of a controlled substance for his or her own use; or
22        (2) by a practitioner, or his or her authorized agent
23    under his or her supervision, the preparation,
24    compounding, packaging, or labeling of a controlled
25    substance:
26            (a) as an incident to his or her administering or

 

 

HB5794- 17 -LRB101 21383 CPF 72011 b

1        dispensing of a controlled substance in the course of
2        his or her professional practice; or
3            (b) as an incident to lawful research, teaching or
4        chemical analysis and not for sale.
5    (z-1) (Blank).
6    (z-5) "Medication shopping" means the conduct prohibited
7under subsection (a) of Section 314.5 of this Act.
8    (z-10) "Mid-level practitioner" means (i) a physician
9assistant who has been delegated authority to prescribe through
10a written delegation of authority by a physician licensed to
11practice medicine in all of its branches, in accordance with
12Section 7.5 of the Physician Assistant Practice Act of 1987,
13(ii) an advanced practice registered nurse who has been
14delegated authority to prescribe through a written delegation
15of authority by a physician licensed to practice medicine in
16all of its branches or by a podiatric physician, in accordance
17with Section 65-40 of the Nurse Practice Act, (iii) an advanced
18practice registered nurse certified as a nurse practitioner,
19nurse midwife, or clinical nurse specialist who has been
20granted authority to prescribe by a hospital affiliate in
21accordance with Section 65-45 of the Nurse Practice Act, (iv)
22an animal euthanasia agency, or (v) a prescribing psychologist.
23    (aa) "Narcotic drug" means any of the following, whether
24produced directly or indirectly by extraction from substances
25of vegetable origin, or independently by means of chemical
26synthesis, or by a combination of extraction and chemical

 

 

HB5794- 18 -LRB101 21383 CPF 72011 b

1synthesis:
2        (1) opium, opiates, derivatives of opium and opiates,
3    including their isomers, esters, ethers, salts, and salts
4    of isomers, esters, and ethers, whenever the existence of
5    such isomers, esters, ethers, and salts is possible within
6    the specific chemical designation; however the term
7    "narcotic drug" does not include the isoquinoline
8    alkaloids of opium;
9        (2) (blank);
10        (3) opium poppy and poppy straw;
11        (4) coca leaves, except coca leaves and extracts of
12    coca leaves from which substantially all of the cocaine and
13    ecgonine, and their isomers, derivatives and salts, have
14    been removed;
15        (5) cocaine, its salts, optical and geometric isomers,
16    and salts of isomers;
17        (6) ecgonine, its derivatives, their salts, isomers,
18    and salts of isomers;
19        (7) any compound, mixture, or preparation which
20    contains any quantity of any of the substances referred to
21    in subparagraphs (1) through (6).
22    (bb) "Nurse" means a registered nurse licensed under the
23Nurse Practice Act.
24    (cc) (Blank).
25    (dd) "Opiate" means any substance having an addiction
26forming or addiction sustaining liability similar to morphine

 

 

HB5794- 19 -LRB101 21383 CPF 72011 b

1or being capable of conversion into a drug having addiction
2forming or addiction sustaining liability.
3    (ee) "Opium poppy" means the plant of the species Papaver
4somniferum L., except its seeds.
5    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
6solution or other liquid form of medication intended for
7administration by mouth, but the term does not include a form
8of medication intended for buccal, sublingual, or transmucosal
9administration.
10    (ff) "Parole and Pardon Board" means the Parole and Pardon
11Board of the State of Illinois or its successor agency.
12    (gg) "Person" means any individual, corporation,
13mail-order pharmacy, government or governmental subdivision or
14agency, business trust, estate, trust, partnership or
15association, or any other entity.
16    (hh) "Pharmacist" means any person who holds a license or
17certificate of registration as a registered pharmacist, a local
18registered pharmacist or a registered assistant pharmacist
19under the Pharmacy Practice Act.
20    (ii) "Pharmacy" means any store, ship or other place in
21which pharmacy is authorized to be practiced under the Pharmacy
22Practice Act.
23    (ii-5) "Pharmacy shopping" means the conduct prohibited
24under subsection (b) of Section 314.5 of this Act.
25    (ii-10) "Physician" (except when the context otherwise
26requires) means a person licensed to practice medicine in all

 

 

HB5794- 20 -LRB101 21383 CPF 72011 b

1of its branches.
2    (jj) "Poppy straw" means all parts, except the seeds, of
3the opium poppy, after mowing.
4    (kk) "Practitioner" means a physician licensed to practice
5medicine in all its branches, dentist, optometrist, podiatric
6physician, veterinarian, scientific investigator, pharmacist,
7physician assistant, advanced practice registered nurse,
8licensed practical nurse, registered nurse, emergency medical
9services personnel, hospital, laboratory, or pharmacy, or
10other person licensed, registered, or otherwise lawfully
11permitted by the United States or this State to distribute,
12dispense, conduct research with respect to, administer or use
13in teaching or chemical analysis, a controlled substance in the
14course of professional practice or research.
15    (ll) "Pre-printed prescription" means a written
16prescription upon which the designated drug has been indicated
17prior to the time of issuance; the term does not mean a written
18prescription that is individually generated by machine or
19computer in the prescriber's office.
20    (mm) "Prescriber" means a physician licensed to practice
21medicine in all its branches, dentist, optometrist,
22prescribing psychologist licensed under Section 4.2 of the
23Clinical Psychologist Licensing Act with prescriptive
24authority delegated under Section 4.3 of the Clinical
25Psychologist Licensing Act, podiatric physician, or
26veterinarian who issues a prescription, a physician assistant

 

 

HB5794- 21 -LRB101 21383 CPF 72011 b

1who issues a prescription for a controlled substance in
2accordance with Section 303.05, a written delegation, and a
3written collaborative agreement required under Section 7.5 of
4the Physician Assistant Practice Act of 1987, an advanced
5practice registered nurse with prescriptive authority
6delegated under Section 65-40 of the Nurse Practice Act and in
7accordance with Section 303.05, a written delegation, and a
8written collaborative agreement under Section 65-35 of the
9Nurse Practice Act, an advanced practice registered nurse
10certified as a nurse practitioner, nurse midwife, or clinical
11nurse specialist who has been granted authority to prescribe by
12a hospital affiliate in accordance with Section 65-45 of the
13Nurse Practice Act and in accordance with Section 303.05, or an
14advanced practice registered nurse certified as a nurse
15practitioner, nurse midwife, or clinical nurse specialist who
16has full practice authority pursuant to Section 65-43 of the
17Nurse Practice Act.
18    (nn) "Prescription" means a written, facsimile, or oral
19order, or an electronic order that complies with applicable
20federal requirements, of a physician licensed to practice
21medicine in all its branches, dentist, podiatric physician or
22veterinarian for any controlled substance, of an optometrist in
23accordance with Section 15.1 of the Illinois Optometric
24Practice Act of 1987, of a prescribing psychologist licensed
25under Section 4.2 of the Clinical Psychologist Licensing Act
26with prescriptive authority delegated under Section 4.3 of the

 

 

HB5794- 22 -LRB101 21383 CPF 72011 b

1Clinical Psychologist Licensing Act, of a physician assistant
2for a controlled substance in accordance with Section 303.05, a
3written delegation, and a written collaborative agreement
4required under Section 7.5 of the Physician Assistant Practice
5Act of 1987, of an advanced practice registered nurse with
6prescriptive authority delegated under Section 65-40 of the
7Nurse Practice Act who issues a prescription for a controlled
8substance in accordance with Section 303.05, a written
9delegation, and a written collaborative agreement under
10Section 65-35 of the Nurse Practice Act, of an advanced
11practice registered nurse certified as a nurse practitioner,
12nurse midwife, or clinical nurse specialist who has been
13granted authority to prescribe by a hospital affiliate in
14accordance with Section 65-45 of the Nurse Practice Act and in
15accordance with Section 303.05 when required by law, or of an
16advanced practice registered nurse certified as a nurse
17practitioner, nurse midwife, or clinical nurse specialist who
18has full practice authority pursuant to Section 65-43 of the
19Nurse Practice Act.
20    (nn-5) "Prescription Information Library" (PIL) means an
21electronic library that contains reported controlled substance
22data.
23    (nn-10) "Prescription Monitoring Program" (PMP) means the
24entity that collects, tracks, and stores reported data on
25controlled substances and select drugs pursuant to Section 316.
26    (oo) "Production" or "produce" means manufacture,

 

 

HB5794- 23 -LRB101 21383 CPF 72011 b

1planting, cultivating, growing, or harvesting of a controlled
2substance other than methamphetamine.
3    (pp) "Registrant" means every person who is required to
4register under Section 302 of this Act.
5    (qq) "Registry number" means the number assigned to each
6person authorized to handle controlled substances under the
7laws of the United States and of this State.
8    (qq-5) "Secretary" means, as the context requires, either
9the Secretary of the Department or the Secretary of the
10Department of Financial and Professional Regulation, and the
11Secretary's designated agents.
12    (rr) "State" includes the State of Illinois and any state,
13district, commonwealth, territory, insular possession thereof,
14and any area subject to the legal authority of the United
15States of America.
16    (rr-5) "Stimulant" means any drug that (i) causes an
17overall excitation of central nervous system functions, (ii)
18causes impaired consciousness and awareness, and (iii) can be
19habit-forming or lead to a substance abuse problem, including
20but not limited to amphetamines and their analogs,
21methylphenidate and its analogs, cocaine, and phencyclidine
22and its analogs.
23    (rr-10) "Synthetic drug" includes, but is not limited to,
24any synthetic cannabinoids or piperazines or any synthetic
25cathinones as provided for in Schedule I.
26    (ss) "Ultimate user" means a person who lawfully possesses

 

 

HB5794- 24 -LRB101 21383 CPF 72011 b

1a controlled substance for his or her own use or for the use of
2a member of his or her household or for administering to an
3animal owned by him or her or by a member of his or her
4household.
5(Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15;
699-371, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff. 7-28-16;
7100-280, eff. 1-1-18; 100-453, eff. 8-25-17; 100-513, eff.
81-1-18; 100-789, eff. 1-1-19; 100-863, eff. 8-14-18.)
 
9    (720 ILCS 570/203)  (from Ch. 56 1/2, par. 1203)
10    Sec. 203. The Department, taking into consideration the
11recommendations of the its Prescription Monitoring Program
12Advisory Committee, may issue a rule scheduling a substance in
13Schedule I if it finds that:
14        (1) the substance has high potential for abuse; and
15        (2) the substance has no currently accepted medical use
16    in treatment in the United States or lacks accepted safety
17    for use in treatment under medical supervision.
18(Source: P.A. 97-334, eff. 1-1-12.)
 
19    (720 ILCS 570/205)  (from Ch. 56 1/2, par. 1205)
20    Sec. 205. The Department, taking into consideration the
21recommendations of the its Prescription Monitoring Program
22Advisory Committee, may issue a rule scheduling a substance in
23Schedule II if it finds that:
24        (1) the substance has high potential for abuse;

 

 

HB5794- 25 -LRB101 21383 CPF 72011 b

1        (2) the substance has currently accepted medical use in
2    treatment in the United States, or currently accepted
3    medical use with severe restrictions; and
4        (3) the abuse of the substance may lead to severe
5    psychological or physiological dependence.
6(Source: P.A. 97-334, eff. 1-1-12.)
 
7    (720 ILCS 570/207)  (from Ch. 56 1/2, par. 1207)
8    Sec. 207. The Department, taking into consideration the
9recommendations of the its Prescription Monitoring Program
10Advisory Committee, may issue a rule scheduling a substance in
11Schedule III if it finds that:
12        (1) the substance has a potential for abuse less than
13    the substances listed in Schedule I and II;
14        (2) the substance has currently accepted medical use in
15    treatment in the United States; and
16        (3) abuse of the substance may lead to moderate or low
17    physiological dependence or high psychological dependence.
18(Source: P.A. 97-334, eff. 1-1-12.)
 
19    (720 ILCS 570/209)  (from Ch. 56 1/2, par. 1209)
20    Sec. 209. The Department, taking into consideration the
21recommendations of the its Prescription Monitoring Program
22Advisory Committee, may issue a rule scheduling a substance in
23Schedule IV if it finds that:
24        (1) the substance has a low potential for abuse

 

 

HB5794- 26 -LRB101 21383 CPF 72011 b

1    relative to substances in Schedule III;
2        (2) the substance has currently accepted medical use in
3    treatment in the United States; and
4        (3) abuse of the substance may lead to limited
5    physiological dependence or psychological dependence
6    relative to the substances in Schedule III.
7(Source: P.A. 97-334, eff. 1-1-12.)
 
8    (720 ILCS 570/211)  (from Ch. 56 1/2, par. 1211)
9    Sec. 211. The Department, taking into consideration the
10recommendations of the its Prescription Monitoring Program
11Advisory Committee, may issue a rule scheduling a substance in
12Schedule V if it finds that:
13        (1) the substance has low potential for abuse relative
14    to the controlled substances listed in Schedule IV;
15        (2) the substance has currently accepted medical use in
16    treatment in the United States; and
17        (3) abuse of the substance may lead to limited
18    physiological dependence or psychological dependence
19    relative to the substances in Schedule IV, or the substance
20    is a targeted methamphetamine precursor as defined in the
21    Methamphetamine Precursor Control Act.
22(Source: P.A. 97-334, eff. 1-1-12.)
 
23    (720 ILCS 570/316)
24    Sec. 316. Prescription Monitoring Program.

 

 

HB5794- 27 -LRB101 21383 CPF 72011 b

1    (a) The Department of Financial and Professional
2Regulation must provide for a Prescription Monitoring Program
3for Schedule II, III, IV, and V controlled substances that
4includes the following components and requirements:
5        (1) The dispenser must transmit to the central
6    repository, in a form and manner specified by the
7    Department of Financial and Professional Regulation, the
8    following information:
9            (A) The recipient's name and address.
10            (B) The recipient's date of birth and gender.
11            (C) The national drug code number of the controlled
12        substance dispensed.
13            (D) The date the controlled substance is
14        dispensed.
15            (E) The quantity of the controlled substance
16        dispensed and days supply.
17            (F) The dispenser's United States Drug Enforcement
18        Administration registration number.
19            (G) The prescriber's United States Drug
20        Enforcement Administration registration number.
21            (H) The dates the controlled substance
22        prescription is filled.
23            (I) The payment type used to purchase the
24        controlled substance (i.e. Medicaid, cash, third party
25        insurance).
26            (J) The patient location code (i.e. home, nursing

 

 

HB5794- 28 -LRB101 21383 CPF 72011 b

1        home, outpatient, etc.) for the controlled substances
2        other than those filled at a retail pharmacy.
3            (K) Any additional information that may be
4        required by the Department of Financial and
5        Professional Regulation department by administrative
6        rule, including but not limited to information
7        required for compliance with the criteria for
8        electronic reporting of the American Society for
9        Automation and Pharmacy or its successor.
10        (2) The information required to be transmitted under
11    this Section must be transmitted not later than the end of
12    the next business day after the date on which a controlled
13    substance is dispensed, or at such other time as may be
14    required by the Department of Financial and Professional
15    Regulation by administrative rule.
16        (3) A dispenser must transmit the information required
17    under this Section by:
18            (A) an electronic device compatible with the
19        receiving device of the central repository;
20            (B) a computer diskette;
21            (C) a magnetic tape; or
22            (D) a pharmacy universal claim form or Pharmacy
23        Inventory Control form.
24        (4) The Department of Financial and Professional
25    Regulation may impose a civil fine of up to $100 per day
26    for willful failure to report controlled substance

 

 

HB5794- 29 -LRB101 21383 CPF 72011 b

1    dispensing to the Prescription Monitoring Program. The
2    fine shall be calculated on no more than the number of days
3    from the time the report was required to be made until the
4    time the problem was resolved, and shall be payable to the
5    Prescription Monitoring Program.
6    (a-5) Notwithstanding subsection (a), a licensed
7veterinarian is exempt from the reporting requirements of this
8Section. If a person who is presenting an animal for treatment
9is suspected of fraudulently obtaining any controlled
10substance or prescription for a controlled substance, the
11licensed veterinarian shall report that information to the
12local law enforcement agency.
13    (b) The Department of Financial and Professional
14Regulation, by rule, may include in the Prescription Monitoring
15Program certain other select drugs that are not included in
16Schedule II, III, IV, or V. The Prescription Monitoring Program
17does not apply to controlled substance prescriptions as
18exempted under Section 313.
19    (c) The collection of data on select drugs and scheduled
20substances by the Prescription Monitoring Program may be used
21as a tool for addressing oversight requirements of long-term
22care institutions as set forth by Public Act 96-1372. Long-term
23care pharmacies shall transmit patient medication profiles to
24the Prescription Monitoring Program monthly or more frequently
25as established by administrative rule.
26    (d) The Department of Financial and Professional

 

 

HB5794- 30 -LRB101 21383 CPF 72011 b

1Regulation Human Services shall appoint a full-time Clinical
2Director of the Prescription Monitoring Program.
3    (e) (Blank).
4    (f) Within one year after the effective date of this
5amendatory Act of the 101st General Assembly of January 1, 2018
6(the effective date of Public Act 100-564), the Department of
7Financial and Professional Regulation shall adopt rules
8requiring all Electronic Health Records Systems to interface
9with the Prescription Monitoring Program application program
10on or before January 1, 2022 January 1, 2021 to ensure that all
11providers have access to specific patient records during the
12treatment of their patients. These rules shall also address the
13electronic integration of pharmacy records with the
14Prescription Monitoring Program to allow for faster
15transmission of the information required under this Section.
16The Department of Financial and Professional Regulation shall
17establish actions to be taken if a prescriber's Electronic
18Health Records System does not effectively interface with the
19Prescription Monitoring Program within the required timeline.
20    (g) The Department of Financial and Professional
21Regulation, in consultation with the Advisory Committee, shall
22adopt rules allowing licensed prescribers or pharmacists who
23have registered to access the Prescription Monitoring Program
24to authorize a licensed or non-licensed designee employed in
25that licensed prescriber's office or a licensed designee in a
26licensed pharmacist's pharmacy who has received training in the

 

 

HB5794- 31 -LRB101 21383 CPF 72011 b

1federal Health Insurance Portability and Accountability Act to
2consult the Prescription Monitoring Program on their behalf.
3The rules shall include reasonable parameters concerning a
4practitioner's authority to authorize a designee, and the
5eligibility of a person to be selected as a designee. In this
6subsection (g), "pharmacist" shall include a clinical
7pharmacist employed by and designated by a Medicaid Managed
8Care Organization providing services under Article V of the
9Illinois Public Aid Code under a contract with the Department
10of Healthcare and Family Services for the sole purpose of
11clinical review of services provided to persons covered by the
12entity under the contract to determine compliance with
13subsections (a) and (b) of Section 314.5 of this Act. A managed
14care entity pharmacist shall notify prescribers of review
15activities.
16(Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18;
17100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff.
187-12-19; 101-414, eff. 8-16-19.)
 
19    (720 ILCS 570/317)
20    Sec. 317. Central repository for collection of
21information.
22    (a) The Department of Financial and Professional
23Regulation must designate a central repository for the
24collection of information transmitted under Section 316 and
25former Section 321.

 

 

HB5794- 32 -LRB101 21383 CPF 72011 b

1    (b) The central repository must do the following:
2        (1) Create a database for information required to be
3    transmitted under Section 316 in the form required under
4    rules adopted by the Department of Financial and
5    Professional Regulation, including search capability for
6    the following:
7            (A) A recipient's name and address.
8            (B) A recipient's date of birth and gender.
9            (C) The national drug code number of a controlled
10        substance dispensed.
11            (D) The dates a controlled substance is dispensed.
12            (E) The quantities and days supply of a controlled
13        substance dispensed.
14            (F) A dispenser's Administration registration
15        number.
16            (G) A prescriber's Administration registration
17        number.
18            (H) The dates the controlled substance
19        prescription is filled.
20            (I) The payment type used to purchase the
21        controlled substance (i.e. Medicaid, cash, third party
22        insurance).
23            (J) The patient location code (i.e. home, nursing
24        home, outpatient, etc.) for controlled substance
25        prescriptions other than those filled at a retail
26        pharmacy.

 

 

HB5794- 33 -LRB101 21383 CPF 72011 b

1        (2) Provide the Department of Financial and
2    Professional Regulation with a database maintained by the
3    central repository. The Department of Financial and
4    Professional Regulation must provide the Department with
5    electronic access to the license information of a
6    prescriber or dispenser.
7        (3) Secure the information collected by the central
8    repository and the database maintained by the central
9    repository against access by unauthorized persons.
10    All prescribers shall designate one or more medical
11specialties or fields of medical care and treatment for which
12the prescriber prescribes controlled substances when
13registering with the Prescription Monitoring Program.
14    No fee shall be charged for access by a prescriber or
15dispenser.
16(Source: P.A. 99-480, eff. 9-9-15.)
 
17    (720 ILCS 570/318)
18    Sec. 318. Confidentiality of information.
19    (a) Information received by the central repository under
20Section 316 and former Section 321 is confidential.
21    (a-1) To ensure the federal Health Insurance Portability
22and Accountability Act privacy of an individual's prescription
23data reported to the Prescription Monitoring Program received
24from a retail dispenser under this Act, and in order to execute
25the duties and responsibilities under Section 316 of this Act

 

 

HB5794- 34 -LRB101 21383 CPF 72011 b

1and rules for disclosure under this Section, the Clinical
2Director of the Prescription Monitoring Program or his or her
3designee shall maintain direct access to all Prescription
4Monitoring Program data. Any request for Prescription
5Monitoring Program data from any other department or agency
6must be approved in writing by the Clinical Director of the
7Prescription Monitoring Program or his or her designee unless
8otherwise permitted by law. Prescription Monitoring Program
9data shall only be disclosed as permitted by law.
10    (a-2) As an active step to address the current opioid
11crisis in this State and to prevent and reduce addiction
12resulting from a sports injury or an accident, the Prescription
13Monitoring Program and the Department of Public Health shall
14coordinate a continuous review of the Prescription Monitoring
15Program and the Department of Public Health data to determine
16if a patient may be at risk of opioid addiction. Each patient
17discharged from any medical facility with an International
18Classification of Disease, 10th edition code related to a sport
19or accident injury shall be subject to the data review. If the
20discharged patient is dispensed a controlled substance, the
21Prescription Monitoring Program shall alert the patient's
22prescriber as to the addiction risk and urge each to follow the
23Centers for Disease Control and Prevention guidelines or his or
24her respective profession's treatment guidelines related to
25the patient's injury. This subsection (a-2), other than this
26sentence, is inoperative on or after January 1, 2024.

 

 

HB5794- 35 -LRB101 21383 CPF 72011 b

1    (b) The Department of Financial and Professional
2Regulation must carry out a program to protect the
3confidentiality of the information described in subsection
4(a). The Department of Financial and Professional Regulation
5may disclose the information to another person only under
6subsection (c), (d), or (f) and may charge a fee not to exceed
7the actual cost of furnishing the information.
8    (c) The Department of Financial and Professional
9Regulation may disclose confidential information described in
10subsection (a) to any person who is engaged in receiving,
11processing, or storing the information.
12    (d) The Department of Financial and Professional
13Regulation may release confidential information described in
14subsection (a) to the following persons:
15        (1) A governing body that licenses practitioners and is
16    engaged in an investigation, an adjudication, or a
17    prosecution of a violation under any State or federal law
18    that involves a controlled substance.
19        (2) An investigator for the Consumer Protection
20    Division of the office of the Attorney General, a
21    prosecuting attorney, the Attorney General, a deputy
22    Attorney General, or an investigator from the office of the
23    Attorney General, who is engaged in any of the following
24    activities involving controlled substances:
25            (A) an investigation;
26            (B) an adjudication; or

 

 

HB5794- 36 -LRB101 21383 CPF 72011 b

1            (C) a prosecution of a violation under any State or
2        federal law that involves a controlled substance.
3        (3) A law enforcement officer who is:
4            (A) authorized by the Illinois State Police or the
5        office of a county sheriff or State's Attorney or
6        municipal police department of Illinois to receive
7        information of the type requested for the purpose of
8        investigations involving controlled substances; or
9            (B) approved by the Department of Financial and
10        Professional Regulation to receive information of the
11        type requested for the purpose of investigations
12        involving controlled substances; and
13            (C) engaged in the investigation or prosecution of
14        a violation under any State or federal law that
15        involves a controlled substance.
16        (4) Select representatives of the Department of
17    Children and Family Services through the indirect online
18    request process. Access shall be established by an
19    intergovernmental agreement between the Department of
20    Children and Family Services and the Department of
21    Financial and Professional Regulation Human Services.
22    (e) Before the Department of Financial and Professional
23Regulation releases confidential information under subsection
24(d), the applicant must demonstrate in writing to the
25Department of Financial and Professional Regulation that:
26        (1) the applicant has reason to believe that a

 

 

HB5794- 37 -LRB101 21383 CPF 72011 b

1    violation under any State or federal law that involves a
2    controlled substance has occurred; and
3        (2) the requested information is reasonably related to
4    the investigation, adjudication, or prosecution of the
5    violation described in subdivision (1).
6    (f) The Department of Financial and Professional
7Regulation may receive and release prescription record
8information under Section 316 and former Section 321 to:
9        (1) a governing body that licenses practitioners;
10        (2) an investigator for the Consumer Protection
11    Division of the office of the Attorney General, a
12    prosecuting attorney, the Attorney General, a deputy
13    Attorney General, or an investigator from the office of the
14    Attorney General;
15        (3) any Illinois law enforcement officer who is:
16            (A) authorized to receive the type of information
17        released; and
18            (B) approved by the Department of Financial and
19        Professional Regulation to receive the type of
20        information released; or
21        (4) prescription monitoring entities in other states
22    per the provisions outlined in subsection (g) and (h)
23    below;
24confidential prescription record information collected under
25Sections 316 and 321 (now repealed) that identifies vendors or
26practitioners, or both, who are prescribing or dispensing large

 

 

HB5794- 38 -LRB101 21383 CPF 72011 b

1quantities of Schedule II, III, IV, or V controlled substances
2outside the scope of their practice, pharmacy, or business, as
3determined by the Advisory Committee created by Section 320.
4    (g) The information described in subsection (f) may not be
5released until it has been reviewed by an employee of the
6Department of Financial and Professional Regulation who is
7licensed as a prescriber or a dispenser and until that employee
8has certified that further investigation is warranted.
9However, failure to comply with this subsection (g) does not
10invalidate the use of any evidence that is otherwise admissible
11in a proceeding described in subsection (h).
12    (h) An investigator or a law enforcement officer receiving
13confidential information under subsection (c), (d), or (f) may
14disclose the information to a law enforcement officer or an
15attorney for the office of the Attorney General for use as
16evidence in the following:
17        (1) A proceeding under any State or federal law that
18    involves a controlled substance.
19        (2) A criminal proceeding or a proceeding in juvenile
20    court that involves a controlled substance.
21    (i) The Department of Financial and Professional
22Regulation may compile statistical reports from the
23information described in subsection (a). The reports must not
24include information that identifies, by name, license or
25address, any practitioner, dispenser, ultimate user, or other
26person administering a controlled substance.

 

 

HB5794- 39 -LRB101 21383 CPF 72011 b

1    (j) Based upon federal, initial and maintenance funding, a
2prescriber and dispenser inquiry system shall be developed to
3assist the health care community in its goal of effective
4clinical practice and to prevent patients from diverting or
5abusing medications.
6        (1) An inquirer shall have read-only access to a
7    stand-alone database which shall contain records for the
8    previous 12 months.
9        (2) Dispensers may, upon positive and secure
10    identification, make an inquiry on a patient or customer
11    solely for a medical purpose as delineated within the
12    federal HIPAA law.
13        (3) The Department of Financial and Professional
14    Regulation shall provide a one-to-one secure link and
15    encrypted software necessary to establish the link between
16    an inquirer and the Department of Financial and
17    Professional Regulation. Technical assistance shall also
18    be provided.
19        (4) Written inquiries are acceptable but must include
20    the fee and the requestor's Drug Enforcement
21    Administration license number and submitted upon the
22    requestor's business stationery.
23        (5) As directed by the Prescription Monitoring Program
24    Advisory Committee and the Clinical Director for the
25    Prescription Monitoring Program, aggregate data that does
26    not indicate any prescriber, practitioner, dispenser, or

 

 

HB5794- 40 -LRB101 21383 CPF 72011 b

1    patient may be used for clinical studies.
2        (6) Tracking analysis shall be established and used per
3    administrative rule.
4        (7) Nothing in this Act or Illinois law shall be
5    construed to require a prescriber or dispenser to make use
6    of this inquiry system.
7        (8) If there is an adverse outcome because of a
8    prescriber or dispenser making an inquiry, which is
9    initiated in good faith, the prescriber or dispenser shall
10    be held harmless from any civil liability.
11    (k) The Department of Financial and Professional
12Regulation shall establish, by rule, the process by which to
13evaluate possible erroneous association of prescriptions to
14any licensed prescriber or end user of the Illinois
15Prescription Information Library (PIL).
16    (l) The Prescription Monitoring Program Advisory Committee
17is authorized to evaluate the need for and method of
18establishing a patient specific identifier.
19    (m) Patients who identify prescriptions attributed to them
20that were not obtained by them shall be given access to their
21personal prescription history pursuant to the validation
22process as set forth by administrative rule.
23    (n) The Prescription Monitoring Program is authorized to
24develop operational push reports to entities with compatible
25electronic medical records. The process shall be covered within
26administrative rule established by the Department of Financial

 

 

HB5794- 41 -LRB101 21383 CPF 72011 b

1and Professional Regulation.
2    (o) Hospital emergency departments and freestanding
3healthcare facilities providing healthcare to walk-in patients
4may obtain, for the purpose of improving patient care, a unique
5identifier for each shift to utilize the PIL system.
6    (p) The Prescription Monitoring Program shall
7automatically create a log-in to the inquiry system when a
8prescriber or dispenser obtains or renews his or her controlled
9substance license. The Department of Financial and
10Professional Regulation must provide the Prescription
11Monitoring Program with electronic access to the license
12information of a prescriber or dispenser to facilitate the
13creation of this profile. The Prescription Monitoring Program
14shall send the prescriber or dispenser information regarding
15the inquiry system, including instructions on how to log into
16the system, instructions on how to use the system to promote
17effective clinical practice, and opportunities for continuing
18education for the prescribing of controlled substances. The
19Prescription Monitoring Program shall also send to all enrolled
20prescribers, dispensers, and designees information regarding
21the unsolicited reports produced pursuant to Section 314.5 of
22this Act.
23    (q) A prescriber or dispenser may authorize a designee to
24consult the inquiry system established by the Department of
25Financial and Professional Regulation under this subsection on
26his or her behalf, provided that all the following conditions

 

 

HB5794- 42 -LRB101 21383 CPF 72011 b

1are met:
2        (1) the designee so authorized is employed by the same
3    hospital or health care system; is employed by the same
4    professional practice; or is under contract with such
5    practice, hospital, or health care system;
6        (2) the prescriber or dispenser takes reasonable steps
7    to ensure that such designee is sufficiently competent in
8    the use of the inquiry system;
9        (3) the prescriber or dispenser remains responsible
10    for ensuring that access to the inquiry system by the
11    designee is limited to authorized purposes and occurs in a
12    manner that protects the confidentiality of the
13    information obtained from the inquiry system, and remains
14    responsible for any breach of confidentiality; and
15        (4) the ultimate decision as to whether or not to
16    prescribe or dispense a controlled substance remains with
17    the prescriber or dispenser.
18    The Prescription Monitoring Program shall send to
19registered designees information regarding the inquiry system,
20including instructions on how to log onto the system.
21    (r) The Prescription Monitoring Program shall maintain an
22Internet website in conjunction with its prescriber and
23dispenser inquiry system. This website shall include, at a
24minimum, the following information:
25        (1) current clinical guidelines developed by health
26    care professional organizations on the prescribing of

 

 

HB5794- 43 -LRB101 21383 CPF 72011 b

1    opioids or other controlled substances as determined by the
2    Advisory Committee;
3        (2) accredited continuing education programs related
4    to prescribing of controlled substances;
5        (3) programs or information developed by health care
6    professionals that may be used to assess patients or help
7    ensure compliance with prescriptions;
8        (4) updates from the Food and Drug Administration, the
9    Centers for Disease Control and Prevention, and other
10    public and private organizations which are relevant to
11    prescribing;
12        (5) relevant medical studies related to prescribing;
13        (6) other information regarding the prescription of
14    controlled substances; and
15        (7) information regarding prescription drug disposal
16    events, including take-back programs or other disposal
17    options or events.
18    The content of the Internet website shall be periodically
19reviewed by the Prescription Monitoring Program Advisory
20Committee as set forth in Section 320 and updated in accordance
21with the recommendation of the advisory committee.
22    (s) The Prescription Monitoring Program shall regularly
23send electronic updates to the registered users of the Program.
24The Prescription Monitoring Program Advisory Committee shall
25review any communications sent to registered users and also
26make recommendations for communications as set forth in Section

 

 

HB5794- 44 -LRB101 21383 CPF 72011 b

1320. These updates shall include the following information:
2        (1) opportunities for accredited continuing education
3    programs related to prescribing of controlled substances;
4        (2) current clinical guidelines developed by health
5    care professional organizations on the prescribing of
6    opioids or other drugs as determined by the Advisory
7    Committee;
8        (3) programs or information developed by health care
9    professionals that may be used to assess patients or help
10    ensure compliance with prescriptions;
11        (4) updates from the Food and Drug Administration, the
12    Centers for Disease Control and Prevention, and other
13    public and private organizations which are relevant to
14    prescribing;
15        (5) relevant medical studies related to prescribing;
16        (6) other information regarding prescribing of
17    controlled substances;
18        (7) information regarding prescription drug disposal
19    events, including take-back programs or other disposal
20    options or events; and
21        (8) reminders that the Prescription Monitoring Program
22    is a useful clinical tool.
23(Source: P.A. 99-480, eff. 9-9-15; 100-125, eff. 1-1-18;
24100-1093, eff. 8-26-18.)
 
25    (720 ILCS 570/320)

 

 

HB5794- 45 -LRB101 21383 CPF 72011 b

1    Sec. 320. Advisory committee.
2    (a) There is created a Prescription Monitoring Program
3Advisory Committee to assist the Department of Financial and
4Professional Regulation Human Services in implementing the
5Prescription Monitoring Program created by this Article and to
6advise the Department Financial and Professional Regulation on
7the professional performance of prescribers and dispensers and
8other matters germane to the advisory committee's field of
9competence.
10    (b) The Prescription Monitoring Program Advisory Committee
11shall consist of 15 members appointed by the Clinical Director
12of the Prescription Monitoring Program composed of prescribers
13and dispensers licensed to practice medicine in his or her
14respective profession as follows: one family or primary care
15physician; one pain specialist physician; 4 other physicians,
16one of whom may be an ophthalmologist; 2 advanced practice
17registered nurses; one physician assistant; one optometrist;
18one dentist; one clinical representative from a statewide
19organization representing hospitals; and 3 pharmacists. The
20Advisory Committee members serving on August 26, 2018 (the
21effective date of Public Act 100-1093) shall continue to serve
22until January 1, 2019. Prescriber and dispenser nominations for
23membership on the Committee shall be submitted by their
24respective professional associations. If there are more
25nominees than membership positions for a prescriber or
26dispenser category, as provided in this subsection (b), the

 

 

HB5794- 46 -LRB101 21383 CPF 72011 b

1Clinical Director of the Prescription Monitoring Program shall
2appoint a member or members for each profession as provided in
3this subsection (b), from the nominations to serve on the
4advisory committee. At the first meeting of the Committee in
52019 members shall draw lots for initial terms and 6 members
6shall serve 3 years, 5 members shall serve 2 years, and 5
7members shall serve one year. Thereafter, members shall serve
83-year terms. Members may serve more than one term but no more
9than 3 terms. The Clinical Director of the Prescription
10Monitoring Program may appoint a representative of an
11organization representing a profession required to be
12appointed. The Clinical Director of the Prescription
13Monitoring Program shall serve as the Secretary of the
14committee.
15    (c) The advisory committee may appoint a chairperson and
16other officers as it deems appropriate.
17    (d) The members of the advisory committee shall receive no
18compensation for their services as members of the advisory
19committee, unless appropriated by the General Assembly, but may
20be reimbursed for their actual expenses incurred in serving on
21the advisory committee.
22    (e) The advisory committee shall:
23        (1) provide a uniform approach to reviewing this Act in
24    order to determine whether changes should be recommended to
25    the General Assembly;
26        (2) review current drug schedules in order to manage

 

 

HB5794- 47 -LRB101 21383 CPF 72011 b

1    changes to the administrative rules pertaining to the
2    utilization of this Act;
3        (3) review the following: current clinical guidelines
4    developed by health care professional organizations on the
5    prescribing of opioids or other controlled substances;
6    accredited continuing education programs related to
7    prescribing and dispensing; programs or information
8    developed by health care professional organizations that
9    may be used to assess patients or help ensure compliance
10    with prescriptions; updates from the Food and Drug
11    Administration, the Centers for Disease Control and
12    Prevention, and other public and private organizations
13    which are relevant to prescribing and dispensing; relevant
14    medical studies; and other publications which involve the
15    prescription of controlled substances;
16        (4) make recommendations for inclusion of these
17    materials or other studies which may be effective resources
18    for prescribers and dispensers on the Internet website of
19    the inquiry system established under Section 318;
20        (5) semi-annually review the content of the Internet
21    website of the inquiry system established pursuant to
22    Section 318 to ensure this Internet website has the most
23    current available information;
24        (6) semi-annually review opportunities for federal
25    grants and other forms of funding to support projects which
26    will increase the number of pilot programs which integrate

 

 

HB5794- 48 -LRB101 21383 CPF 72011 b

1    the inquiry system with electronic health records; and
2        (7) semi-annually review communication to be sent to
3    all registered users of the inquiry system established
4    pursuant to Section 318, including recommendations for
5    relevant accredited continuing education and information
6    regarding prescribing and dispensing.
7    (f) The Advisory Committee shall select from its members 10
8members of the Peer Review Committee composed of:
9        (1) 3 physicians;
10        (2) 3 pharmacists;
11        (3) one dentist;
12        (4) one advanced practice registered nurse;
13        (4.5) (blank);
14        (5) one physician assistant; and
15        (6) one optometrist.
16    The purpose of the Peer Review Committee is to establish a
17formal peer review of professional performance of prescribers
18and dispensers. The deliberations, information, and
19communications of the Peer Review Committee are privileged and
20confidential and shall not be disclosed in any manner except in
21accordance with current law.
22        (1) The Peer Review Committee shall periodically
23    review the data contained within the prescription
24    monitoring program to identify those prescribers or
25    dispensers who may be prescribing or dispensing outside the
26    currently accepted standard and practice of their

 

 

HB5794- 49 -LRB101 21383 CPF 72011 b

1    profession. The Peer Review Committee member, whose
2    profession is the same as the prescriber or dispenser being
3    reviewed, shall prepare a preliminary report and
4    recommendation for any non-action or action. The
5    Prescription Monitoring Program Clinical Director and
6    staff shall provide the necessary assistance and data as
7    required.
8        (2) The Peer Review Committee may identify prescribers
9    or dispensers who may be prescribing outside the currently
10    accepted medical standards in the course of their
11    professional practice and send the identified prescriber
12    or dispenser a request for information regarding their
13    prescribing or dispensing practices. This request for
14    information shall be sent via certified mail, return
15    receipt requested. A prescriber or dispenser shall have 30
16    days to respond to the request for information.
17        (3) The Peer Review Committee shall refer a prescriber
18    or a dispenser to the Department of Financial and
19    Professional Regulation in the following situations:
20            (i) if a prescriber or dispenser does not respond
21        to three successive requests for information;
22            (ii) in the opinion of a majority of members of the
23        Peer Review Committee, the prescriber or dispenser
24        does not have a satisfactory explanation for the
25        practices identified by the Peer Review Committee in
26        its request for information; or

 

 

HB5794- 50 -LRB101 21383 CPF 72011 b

1            (iii) following communications with the Peer
2        Review Committee, the prescriber or dispenser does not
3        sufficiently rectify the practices identified in the
4        request for information in the opinion of a majority of
5        the members of the Peer Review Committee.
6        (4) The Department of Financial and Professional
7    Regulation may initiate an investigation and discipline in
8    accordance with current laws and rules for any prescriber
9    or dispenser referred by the Peer Review Committee.
10        (5) The Peer Review Committee shall prepare an annual
11    report starting on July 1, 2017. This report shall contain
12    the following information: the number of times the Peer
13    Review Committee was convened; the number of prescribers or
14    dispensers who were reviewed by the Peer Review Committee;
15    the number of requests for information sent out by the Peer
16    Review Committee; and the number of prescribers or
17    dispensers referred to the Department of Financial and
18    Professional Regulation. The annual report shall be
19    delivered electronically to the Department of Financial
20    and Professional Regulation and to the General Assembly.
21    The report to the General Assembly shall be filed with the
22    Clerk of the House of Representatives and the Secretary of
23    the Senate in electronic form only, in the manner that the
24    Clerk and the Secretary shall direct. The report prepared
25    by the Peer Review Committee shall not identify any
26    prescriber, dispenser, or patient.

 

 

HB5794- 51 -LRB101 21383 CPF 72011 b

1(Source: P.A. 100-513, eff. 1-1-18; 100-861, eff. 8-14-18;
2100-1093, eff. 8-26-18;101-81, eff. 7-12-19; 101-414, eff.
38-16-19.)
 
4    (720 ILCS 570/507.2)
5    Sec. 507.2. Rulemaking authority. The Department of
6Financial and Professional Regulation Human Services is
7granted rulemaking authority concerning implementation,
8maintenance, and compliance with the Prescription Monitoring
9Program.
10    The rules of the Department of Human Services that are in
11effect on the effective date of this amendatory Act of the
12101st General Assembly and that pertain to the rights, powers,
13duties, and functions transferred to the Department of
14Financial and Professional Regulation under this amendatory
15Act of the 101st General Assembly shall become the rules of the
16Department of Financial and Professional Regulation on the
17effective date of this amendatory Act of the 101st General
18Assembly and shall continue in effect until amended or repealed
19by the Department of Financial and Professional Regulation.
20    Any rules pertaining to the rights, powers, duties, and
21functions transferred to the Department of Financial and
22Professional Regulation under this amendatory Act of the 101st
23General Assembly that have been proposed by the Department of
24Human Services but have not taken effect or been finally
25adopted by the effective date of this amendatory Act of the

 

 

HB5794- 52 -LRB101 21383 CPF 72011 b

1101st General Assembly shall become proposed rules of the
2Department of Financial and Professional Regulation on the
3effective date of this amendatory Act of the 101st General
4Assembly, and any rulemaking procedures that have already been
5completed by the Department of Human Services for those
6proposed rules need not be repealed.
7    As soon as practical after the effective date of this
8amendatory Act of the 101st General Assembly, the Department of
9Financial and Professional Regulation shall revise and clarify
10the rules transferred to it under this amendatory Act of the
11101st General Assembly to reflect the transfer of rights,
12powers, duties, and functions effected by this amendatory Act
13of the 101st General Assembly using the procedures for
14recodification of rules available under the Illinois
15Administrative Procedure Act, except that existing title,
16part, and section numbering for the affected rules may be
17retained. The Department of Financial and Professional
18Regulation may propose and adopt under the Illinois
19Administrative Procedure Act any other rules necessary to
20consolidate and clarify those rules.
21(Source: P.A. 97-334, eff. 1-1-12.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.