102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3448

 

Introduced 2/22/2021, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 570/316

    Amends the Illinois Controlled Substances Act. Provides that specified requirements concerning a Prescription Monitoring Program shall also apply to opioid treatment programs licensed or certified by the Department of Human Services. Provides that opioid treatment programs shall document an attempt to obtain patient consent and shall not transmit information without patient consent, and reports so made may not be utilized for law enforcement purposes. Provides that treatment of a patient may not be conditioned upon their consent to reporting. Provides findings provisions. Makes other changes.


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A BILL FOR

 

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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. Findings. The General Assembly finds that:
5    (1) Prior to August 2020, the federal Substance Abuse and
6Mental Health Services Administration (SAMHSA) and the federal
7Confidentiality of Substance Use Disorder Patient Records set
8forth at 42 C.F.R Part 2, prohibited the sharing of substance
9use disorder treatment information by opioid treatment
10programs with prescription monitoring programs.
11    (2) In August 2020, SAMHSA amended 42 C.F.R. Part 2 to
12permit the sharing of substance use disorder treatment
13information by opioid treatment programs with prescription
14monitoring programs.
15    (3) In light of the federal modification to 42 C.F.R. Part
162 and the protections available under federal and State law
17and the express requirement of patient consent, the reporting
18by opioid treatment programs to the prescription monitoring
19program is permitted and will allow for better coordination of
20care among treating providers.
 
21    Section 10. The Illinois Controlled Substances Act is
22amended by changing Section 316 as follows:
 

 

 

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1    (720 ILCS 570/316)
2    Sec. 316. Prescription Monitoring Program.
3    (a) The Department must provide for a Prescription
4Monitoring Program for Schedule II, III, IV, and V controlled
5substances that includes the following components and
6requirements:
7        (1) The dispenser must transmit to the central
8    repository, in a form and manner specified by the
9    Department, the following information:
10            (A) The recipient's name and address.
11            (B) The recipient's date of birth and gender.
12            (C) The national drug code number of the
13        controlled substance dispensed.
14            (D) The date the controlled substance is
15        dispensed.
16            (E) The quantity of the controlled substance
17        dispensed and days supply.
18            (F) The dispenser's United States Drug Enforcement
19        Administration registration number.
20            (G) The prescriber's United States Drug
21        Enforcement Administration registration number.
22            (H) The dates the controlled substance
23        prescription is filled.
24            (I) The payment type used to purchase the
25        controlled substance (i.e. Medicaid, cash, third party
26        insurance).

 

 

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1            (J) The patient location code (i.e. home, nursing
2        home, outpatient, etc.) for the controlled substances
3        other than those filled at a retail pharmacy.
4            (K) Any additional information that may be
5        required by the department by administrative rule,
6        including but not limited to information required for
7        compliance with the criteria for electronic reporting
8        of the American Society for Automation and Pharmacy or
9        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 by administrative rule.
15        (3) A dispenser must transmit the information required
16    under this Section by:
17            (A) an electronic device compatible with the
18        receiving device of the central repository;
19            (B) a computer diskette;
20            (C) a magnetic tape; or
21            (D) a pharmacy universal claim form or Pharmacy
22        Inventory Control form.
23        (3.5) The requirements of paragraphs (1), (2), and (3)
24    of this subsection (a) also apply to opioid treatment
25    programs licensed or certified by the Department of Human
26    Services, Division of Substance Use Prevention and

 

 

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1    Recovery, and are authorized by the federal Drug
2    Enforcement Administration to prescribe Schedule II, III,
3    IV, or V controlled substances for the treatment of opioid
4    use disorder. Opioid treatment programs shall document an
5    attempt to obtain patient consent and shall not transmit
6    information without patient consent and reports so made
7    may not be utilized for law enforcement purposes, each as
8    proscribed by 42 C.F.R. Part 2, as amended by 42 U.S.C. §
9    290dd-2. Treatment of a patient may not be conditioned
10    upon their consent to reporting.
11        (4) The Department may impose a civil fine of up to
12    $100 per day for willful failure to report controlled
13    substance dispensing to the Prescription Monitoring
14    Program. The fine shall be calculated on no more than the
15    number of days from the time the report was required to be
16    made until the time the problem was resolved, and shall be
17    payable to the Prescription Monitoring Program.
18    (a-5) Notwithstanding subsection (a), a licensed
19veterinarian is exempt from the reporting requirements of this
20Section. If a person who is presenting an animal for treatment
21is suspected of fraudulently obtaining any controlled
22substance or prescription for a controlled substance, the
23licensed veterinarian shall report that information to the
24local law enforcement agency.
25    (b) The Department, by rule, may include in the
26Prescription Monitoring Program certain other select drugs

 

 

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1that are not included in Schedule II, III, IV, or V. The
2Prescription Monitoring Program does not apply to controlled
3substance prescriptions as exempted under Section 313.
4    (c) The collection of data on select drugs and scheduled
5substances by the Prescription Monitoring Program may be used
6as a tool for addressing oversight requirements of long-term
7care institutions as set forth by Public Act 96-1372.
8Long-term care pharmacies shall transmit patient medication
9profiles to the Prescription Monitoring Program monthly or
10more frequently as established by administrative rule.
11    (d) The Department of Human Services shall appoint a
12full-time Clinical Director of the Prescription Monitoring
13Program.
14    (e) (Blank).
15    (f) Within one year of January 1, 2018 (the effective date
16of Public Act 100-564), the Department shall adopt rules
17requiring all Electronic Health Records Systems to interface
18with the Prescription Monitoring Program application program
19on or before January 1, 2021 to ensure that all providers have
20access to specific patient records during the treatment of
21their patients. These rules shall also address the electronic
22integration of pharmacy records with the Prescription
23Monitoring Program to allow for faster transmission of the
24information required under this Section. The Department shall
25establish actions to be taken if a prescriber's Electronic
26Health Records System does not effectively interface with the

 

 

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1Prescription Monitoring Program within the required timeline.
2    (g) The Department, in consultation with the Advisory
3Committee, shall adopt rules allowing licensed prescribers or
4pharmacists who have registered to access the Prescription
5Monitoring Program to authorize a licensed or non-licensed
6designee employed in that licensed prescriber's office or a
7licensed designee in a licensed pharmacist's pharmacy who has
8received training in the federal Health Insurance Portability
9and Accountability Act and 42 C.F.R. Part 2 to consult the
10Prescription Monitoring Program on their behalf. The rules
11shall include reasonable parameters concerning a
12practitioner's authority to authorize a designee, and the
13eligibility of a person to be selected as a designee. In this
14subsection (g), "pharmacist" shall include a clinical
15pharmacist employed by and designated by a Medicaid Managed
16Care Organization providing services under Article V of the
17Illinois Public Aid Code under a contract with the Department
18of Healthcare and Family Services for the sole purpose of
19clinical review of services provided to persons covered by the
20entity under the contract to determine compliance with
21subsections (a) and (b) of Section 314.5 of this Act. A managed
22care entity pharmacist shall notify prescribers of review
23activities.
24(Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18;
25100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff.
267-12-19; 101-414, eff. 8-16-19.)