Illinois General Assembly - Full Text of SB1842
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Full Text of SB1842  102nd General Assembly




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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 of 2020, the federal Substance
6    Abuse and Mental Health Services Administration (SAMHSA)
7    and the federal Confidentiality of Substance Use Disorder
8    Patient Records set forth at 42 CFR 2, prohibited the
9    sharing of substance use disorder treatment information by
10    opioid treatment programs with prescription monitoring
11    programs.
12        (2) In August 2020, SAMHSA amended 42 CFR 2 to permit
13    the sharing of substance use disorder treatment
14    information by opioid treatment programs with prescription
15    monitoring programs.
16        (3) In light of the federal modification to 42 CFR 2
17    and the protections available under federal and State law
18    and the express requirement of patient consent, the
19    reporting by opioid treatment programs to the prescription
20    monitoring program is permitted and will allow for better
21    coordination of care among treating providers.
22    Section 10. The Illinois Controlled Substances Act is
23amended by changing Sections 314.5 and 316 as follows:



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1    (720 ILCS 570/314.5)
2    Sec. 314.5. Medication shopping; pharmacy shopping.
3    (a) It shall be unlawful for any person knowingly or
4intentionally to fraudulently obtain or fraudulently seek to
5obtain any controlled substance or prescription for a
6controlled substance from a prescriber or dispenser while
7being supplied with any controlled substance or prescription
8for a controlled substance by another prescriber or dispenser,
9without disclosing the fact of the existing controlled
10substance or prescription for a controlled substance to the
11prescriber or dispenser from whom the subsequent controlled
12substance or prescription for a controlled substance is
14    (b) It shall be unlawful for a person knowingly or
15intentionally to fraudulently obtain or fraudulently seek to
16obtain any controlled substance from a pharmacy while being
17supplied with any controlled substance by another pharmacy,
18without disclosing the fact of the existing controlled
19substance to the pharmacy from which the subsequent controlled
20substance is sought.
21    (c) A person may be in violation of Section 3.23 of the
22Illinois Food, Drug and Cosmetic Act or Section 406 of this Act
23when medication shopping or pharmacy shopping, or both.
24    (c-5) Effective January 1, 2018, each prescriber
25possessing an Illinois controlled substances license shall



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1register with the Prescription Monitoring Program.
2Notwithstanding any provision of this Act to the contrary,
3beginning on and after the effective date of this amendatory
4Act of the 101st General Assembly, a licensed veterinarian
5shall be exempt from registration and prohibited from
6accessing patient information in the Prescription Monitoring
7Program. Licensed veterinarians that are existing registrants
8shall be removed from the Prescription Monitoring Program.
9Each prescriber or his or her designee shall also document an
10attempt to access patient information in the Prescription
11Monitoring Program to assess patient access to controlled
12substances when providing an initial prescription for Schedule
13II narcotics such as opioids, except for prescriptions for
14oncology treatment or palliative care, or a 7-day or less
15supply provided by a hospital emergency department when
16treating an acute, traumatic medical condition. This attempt
17to access shall be documented in the patient's medical record.
18The hospital shall facilitate the designation of a
19prescriber's designee for the purpose of accessing the
20Prescription Monitoring Program for services provided at the
22    (d) When a person has been identified as having 5 3 or more
23prescribers or 5 3 or more pharmacies, or both, that do not
24utilize a common electronic file as specified in Section 20 of
25the Pharmacy Practice Act for controlled substances within the
26course of a 6-month continuous 30-day period, the Prescription



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1Monitoring Program may issue an unsolicited report to the
2prescribers, dispensers, and their designees informing them of
3the potential medication shopping. If an unsolicited report is
4issued to a prescriber or prescribers, then the report must
5also be sent to the applicable dispensing pharmacy.
6    (e) Nothing in this Section shall be construed to create a
7requirement that any prescriber, dispenser, or pharmacist
8request any patient medication disclosure, report any patient
9activity, or prescribe or refuse to prescribe or dispense any
11    (f) This Section shall not be construed to apply to
12inpatients or residents at hospitals or other institutions or
13to institutional pharmacies.
14    (g) Any patient feedback, including grades, ratings, or
15written or verbal statements, in opposition to a clinical
16decision that the prescription of a controlled substance is
17not medically necessary shall not be the basis of any adverse
18action, evaluation, or any other type of negative
19credentialing, contracting, licensure, or employment action
20taken against a prescriber or dispenser.
21(Source: P.A. 100-564, eff. 1-1-18; 101-414, eff. 8-16-19.)
22    (720 ILCS 570/316)
23    Sec. 316. Prescription Monitoring Program.
24    (a) The Department must provide for a Prescription
25Monitoring Program for Schedule II, III, IV, and V controlled



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1substances that includes the following components and
3        (1) The dispenser must transmit to the central
4    repository, in a form and manner specified by the
5    Department, the following information:
6            (A) The recipient's name and address.
7            (B) The recipient's date of birth and gender.
8            (C) The national drug code number of the
9        controlled substance dispensed.
10            (D) The date the controlled substance is
11        dispensed.
12            (E) The quantity of the controlled substance
13        dispensed and days supply.
14            (F) The dispenser's United States Drug Enforcement
15        Administration registration number.
16            (G) The prescriber's United States Drug
17        Enforcement Administration registration 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 the controlled substances
25        other than those filled at a retail pharmacy.
26            (K) Any additional information that may be



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1        required by the department by administrative rule,
2        including but not limited to information required for
3        compliance with the criteria for electronic reporting
4        of the American Society for Automation and Pharmacy or
5        its successor.
6        (2) The information required to be transmitted under
7    this Section must be transmitted not later than the end of
8    the next business day after the date on which a controlled
9    substance is dispensed, or at such other time as may be
10    required by the Department by administrative rule.
11        (3) A dispenser must transmit the information required
12    under this Section by:
13        (3.5) The requirements of paragraphs (1), (2), and (3)
14    of this subsection also apply to opioid treatment programs
15    that are licensed or certified by the Department of Human
16    Services' Division of Substance Use Prevention and
17    Recovery and are authorized by the federal Drug
18    Enforcement Administration to prescribe Schedule II, III,
19    IV, or V controlled substances for the treatment of opioid
20    use disorders. Opioid treatment programs shall attempt to
21    obtain written patient consent, shall document attempts to
22    obtain the written consent, and shall not transmit
23    information without patient consent. Documentation
24    obtained under this paragraph shall not be utilized for
25    law enforcement purposes, as proscribed under 42 CFR 2, as
26    amended by 42 U.S.C. 290dd-2. Treatment of a patient shall



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1    not be conditioned upon his or her written consent.
2            (A) an electronic device compatible with the
3        receiving device of the central repository;
4            (B) a computer diskette;
5            (C) a magnetic tape; or
6            (D) a pharmacy universal claim form or Pharmacy
7        Inventory Control form.
8        (4) The Department may impose a civil fine of up to
9    $100 per day for willful failure to report controlled
10    substance dispensing to the Prescription Monitoring
11    Program. The fine shall be calculated on no more than the
12    number of days from the time the report was required to be
13    made until the time the problem was resolved, and shall be
14    payable to the Prescription Monitoring Program.
15    (a-5) Notwithstanding subsection (a), a licensed
16veterinarian is exempt from the reporting requirements of this
17Section. If a person who is presenting an animal for treatment
18is suspected of fraudulently obtaining any controlled
19substance or prescription for a controlled substance, the
20licensed veterinarian shall report that information to the
21local law enforcement agency.
22    (b) The Department, by rule, may include in the
23Prescription Monitoring Program certain other select drugs
24that are not included in Schedule II, III, IV, or V. The
25Prescription Monitoring Program does not apply to controlled
26substance prescriptions as exempted under Section 313.



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



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1allowing licensed prescribers or pharmacists who have
2registered to access the Prescription Monitoring Program to
3authorize a licensed or non-licensed designee employed in that
4licensed prescriber's office or a licensed designee in a
5licensed pharmacist's pharmacy who has received training in
6the federal Health Insurance Portability and Accountability
7Act and 42 CFR 2 to consult the Prescription Monitoring
8Program on their behalf. The rules shall include reasonable
9parameters concerning a practitioner's authority to authorize
10a designee, and the eligibility of a person to be selected as a
11designee. In this subsection (g), "pharmacist" shall include a
12clinical pharmacist employed by and designated by a Medicaid
13Managed Care Organization providing services under Article V
14of the Illinois Public Aid Code under a contract with the
15Department of Healthcare and Family Services for the sole
16purpose of clinical review of services provided to persons
17covered by the entity under the contract to determine
18compliance with subsections (a) and (b) of Section 314.5 of
19this Act. A managed care entity pharmacist shall notify
20prescribers of review activities.
21(Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18;
22100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff.
237-12-19; 101-414, eff. 8-16-19.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.