Full Text of HB2708 100th General Assembly
HB2708enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Controlled Substances Act is | 5 | | amended by changing Section 318 as follows:
| 6 | | (720 ILCS 570/318)
| 7 | | Sec. 318. Confidentiality of information.
| 8 | | (a) Information received by the central repository under | 9 | | Section 316 and former Section 321
is confidential.
| 10 | | (b) The Department must carry out a program to protect the
| 11 | | confidentiality of the information described in subsection | 12 | | (a). The Department
may
disclose the information to another | 13 | | person only under
subsection (c), (d), or (f) and may charge a | 14 | | fee not to exceed the actual cost
of
furnishing the
| 15 | | information.
| 16 | | (c) The Department may disclose confidential information | 17 | | described
in subsection (a) to any person who is engaged in | 18 | | receiving, processing, or
storing the information.
| 19 | | (d) The Department may release confidential information | 20 | | described
in subsection (a) to the following persons:
| 21 | | (1) A governing body
that licenses practitioners and is | 22 | | engaged in an investigation, an
adjudication,
or a | 23 | | prosecution of a violation under any State or federal law |
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| 1 | | that involves a
controlled substance.
| 2 | | (2) An investigator for the Consumer Protection | 3 | | Division of the office of
the Attorney General, a | 4 | | prosecuting attorney, the Attorney General, a deputy
| 5 | | Attorney General, or an investigator from the office of the | 6 | | Attorney General,
who is engaged in any of the following | 7 | | activities involving controlled
substances:
| 8 | | (A) an investigation;
| 9 | | (B) an adjudication; or
| 10 | | (C) a prosecution
of a violation under any State or | 11 | | federal law that involves a controlled
substance.
| 12 | | (3) A law enforcement officer who is:
| 13 | | (A) authorized by the Illinois State Police or the | 14 | | office of a county sheriff or State's Attorney or
| 15 | | municipal police department of Illinois to receive
| 16 | | information
of the type requested for the purpose of | 17 | | investigations involving controlled
substances; or
| 18 | | (B) approved by the Department to receive | 19 | | information of the
type requested for the purpose of | 20 | | investigations involving controlled
substances; and
| 21 | | (C) engaged in the investigation or prosecution of | 22 | | a violation
under
any State or federal law that | 23 | | involves a controlled substance.
| 24 | | (4) Select representatives of the Department of | 25 | | Children and Family Services through the indirect online | 26 | | request process. Access shall be established by an |
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| 1 | | intergovernmental agreement between the Department of | 2 | | Children and Family Services and the Department of Human | 3 | | Services. | 4 | | (e) Before the Department releases confidential | 5 | | information under
subsection (d), the applicant must | 6 | | demonstrate in writing to the Department that:
| 7 | | (1) the applicant has reason to believe that a | 8 | | violation under any
State or
federal law that involves a | 9 | | controlled substance has occurred; and
| 10 | | (2) the requested information is reasonably related to | 11 | | the investigation,
adjudication, or prosecution of the | 12 | | violation described in subdivision (1).
| 13 | | (f) The Department may receive and release prescription | 14 | | record information under Section 316 and former Section 321 to:
| 15 | | (1) a governing
body that licenses practitioners;
| 16 | | (2) an investigator for the Consumer Protection | 17 | | Division of the office of
the Attorney General, a | 18 | | prosecuting attorney, the Attorney General, a deputy
| 19 | | Attorney General, or an investigator from the office of the | 20 | | Attorney General;
| 21 | | (3) any Illinois law enforcement officer who is:
| 22 | | (A) authorized to receive the type of
information | 23 | | released; and
| 24 | | (B) approved by the Department to receive the type | 25 | | of
information released; or
| 26 | | (4) prescription monitoring entities in other states |
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| 1 | | per the provisions outlined in subsection (g) and (h) | 2 | | below;
| 3 | | confidential prescription record information collected under | 4 | | Sections 316 and 321 (now repealed) that identifies vendors or
| 5 | | practitioners, or both, who are prescribing or dispensing large | 6 | | quantities of
Schedule II, III, IV, or V controlled
substances | 7 | | outside the scope of their practice, pharmacy, or business, as | 8 | | determined by the Advisory Committee created by Section 320.
| 9 | | (g) The information described in subsection (f) may not be | 10 | | released until it
has been reviewed by an employee of the | 11 | | Department who is licensed as a
prescriber or a dispenser
and | 12 | | until that employee has certified
that further investigation is | 13 | | warranted. However, failure to comply with this
subsection (g) | 14 | | does not invalidate the use of any evidence that is otherwise
| 15 | | admissible in a proceeding described in subsection (h).
| 16 | | (h) An investigator or a law enforcement officer receiving | 17 | | confidential
information under subsection (c), (d), or (f) may | 18 | | disclose the information to a
law enforcement officer or an | 19 | | attorney for the office of the Attorney General
for use as | 20 | | evidence in the following:
| 21 | | (1) A proceeding under any State or federal law that | 22 | | involves a
controlled substance.
| 23 | | (2) A criminal proceeding or a proceeding in juvenile | 24 | | court that involves
a controlled substance.
| 25 | | (i) The Department may compile statistical reports from the
| 26 | | information described in subsection (a). The reports must not |
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| 1 | | include
information that identifies, by name, license or | 2 | | address, any practitioner, dispenser, ultimate user, or other | 3 | | person
administering a controlled substance.
| 4 | | (j) Based upon federal, initial and maintenance funding, a | 5 | | prescriber and dispenser inquiry system shall be developed to | 6 | | assist the health care community in its goal of effective | 7 | | clinical practice and to prevent patients from diverting or | 8 | | abusing medications.
| 9 | | (1) An inquirer shall have read-only access to a | 10 | | stand-alone database which shall contain records for the | 11 | | previous 12 months. | 12 | | (2) Dispensers may, upon positive and secure | 13 | | identification, make an inquiry on a patient or customer | 14 | | solely for a medical purpose as delineated within the | 15 | | federal HIPAA law. | 16 | | (3) The Department shall provide a one-to-one secure | 17 | | link and encrypted software necessary to establish the link | 18 | | between an inquirer and the Department. Technical | 19 | | assistance shall also be provided. | 20 | | (4) Written inquiries are acceptable but must include | 21 | | the fee and the requestor's Drug Enforcement | 22 | | Administration license number and submitted upon the | 23 | | requestor's business stationery. | 24 | | (5) As directed by the Prescription Monitoring Program | 25 | | Advisory Committee and the Clinical Director for the | 26 | | Prescription Monitoring Program, aggregate data that does |
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| 1 | | not indicate any prescriber, practitioner, dispenser, or | 2 | | patient may be used for clinical studies. | 3 | | (6) Tracking analysis shall be established and used per | 4 | | administrative rule. | 5 | | (7) Nothing in this Act or Illinois law shall be | 6 | | construed to require a prescriber or dispenser to make use | 7 | | of this inquiry system.
| 8 | | (8) If there is an adverse outcome because of a | 9 | | prescriber or dispenser making an inquiry, which is | 10 | | initiated in good faith, the prescriber or dispenser shall | 11 | | be held harmless from any civil liability.
| 12 | | (k) The Department shall establish, by rule, the process by | 13 | | which to evaluate possible erroneous association of | 14 | | prescriptions to any licensed prescriber or end user of the | 15 | | Illinois Prescription Information Library (PIL). | 16 | | (l) The Prescription Monitoring Program Advisory Committee | 17 | | is authorized to evaluate the need for and method of | 18 | | establishing a patient specific identifier. | 19 | | (m) Patients who identify prescriptions attributed to them | 20 | | that were not obtained by them shall be given access to their | 21 | | personal prescription history pursuant to the validation | 22 | | process as set forth by administrative rule. | 23 | | (n) The Prescription Monitoring Program is authorized to | 24 | | develop operational push reports to entities with compatible | 25 | | electronic medical records. The process shall be covered within | 26 | | administrative rule established by the Department. |
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| 1 | | (o) Hospital emergency departments and freestanding | 2 | | healthcare facilities providing healthcare to walk-in patients | 3 | | may obtain, for the purpose of improving patient care, a unique | 4 | | identifier for each shift to utilize the PIL system. | 5 | | (p) The Prescription Monitoring Program shall | 6 | | automatically create a log-in to the inquiry system when a | 7 | | prescriber or dispenser obtains or renews his or her controlled | 8 | | substance license. The Department of Financial and | 9 | | Professional Regulation must provide the Prescription | 10 | | Monitoring Program with electronic access to the license | 11 | | information of a prescriber or dispenser to facilitate the | 12 | | creation of this profile. The Prescription Monitoring Program | 13 | | shall send the prescriber or dispenser information regarding | 14 | | the inquiry system, including instructions on how to log into | 15 | | the system, instructions on how to use the system to promote | 16 | | effective clinical practice, and opportunities for continuing | 17 | | education for the prescribing of controlled substances. The | 18 | | Prescription Monitoring Program shall also send to all enrolled | 19 | | prescribers, dispensers, and designees information regarding | 20 | | the unsolicited reports produced pursuant to Section 314.5 of | 21 | | this Act. | 22 | | (q) A prescriber or dispenser may authorize a designee to | 23 | | consult the inquiry system established by the Department under | 24 | | this subsection on his or her behalf, provided that all the | 25 | | following conditions are met: | 26 | | (1) the designee so authorized is employed by the same |
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| 1 | | hospital or health care system; is employed by the same | 2 | | professional practice; or is under contract with such | 3 | | practice, hospital, or health care system; | 4 | | (2) the prescriber or dispenser takes reasonable steps | 5 | | to ensure that such designee is sufficiently competent in | 6 | | the use of the inquiry system; | 7 | | (3) the prescriber or dispenser remains responsible | 8 | | for ensuring that access to the inquiry system by the | 9 | | designee is limited to authorized purposes and occurs in a | 10 | | manner that protects the confidentiality of the | 11 | | information obtained from the inquiry system, and remains | 12 | | responsible for any breach of confidentiality; and | 13 | | (4) the ultimate decision as to whether or not to | 14 | | prescribe or dispense a controlled substance remains with | 15 | | the prescriber or dispenser. | 16 | | The Prescription Monitoring Program shall send to | 17 | | registered designees information regarding the inquiry system, | 18 | | including instructions on how to log onto the system. | 19 | | (r) The Prescription Monitoring Program shall maintain an | 20 | | Internet website in conjunction with its prescriber and | 21 | | dispenser inquiry system. This website shall include, at a | 22 | | minimum, the following information: | 23 | | (1) current clinical guidelines developed by health | 24 | | care professional organizations on the prescribing of | 25 | | opioids or other controlled substances as determined by the | 26 | | Advisory Committee; |
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| 1 | | (2) accredited continuing education programs related | 2 | | to prescribing of controlled substances; | 3 | | (3) programs or information developed by health care | 4 | | professionals that may be used to assess patients or help | 5 | | ensure compliance with prescriptions; | 6 | | (4) updates from the Food and Drug Administration, the | 7 | | Centers for Disease Control and Prevention, and other | 8 | | public and private organizations which are relevant to | 9 | | prescribing; | 10 | | (5) relevant medical studies related to prescribing; | 11 | | (6) other information regarding the prescription of | 12 | | controlled substances; and | 13 | | (7) information regarding prescription drug disposal | 14 | | events, including take-back programs or other disposal | 15 | | options or events. | 16 | | The content of the Internet website shall be periodically | 17 | | reviewed by the Prescription Monitoring Program Advisory | 18 | | Committee as set forth in Section 320 and updated in accordance | 19 | | with the recommendation of the advisory committee. | 20 | | (s) The Prescription Monitoring Program shall regularly | 21 | | send electronic updates to the registered users of the Program. | 22 | | The Prescription Monitoring Program Advisory Committee shall | 23 | | review any communications sent to registered users and also | 24 | | make recommendations for communications as set forth in Section | 25 | | 320. These updates shall include the following information: | 26 | | (1) opportunities for accredited continuing education |
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| 1 | | programs related to prescribing of controlled substances; | 2 | | (2) current clinical guidelines developed by health | 3 | | care professional organizations on the prescribing of | 4 | | opioids or other drugs as determined by the Advisory | 5 | | Committee; | 6 | | (3) programs or information developed by health care | 7 | | professionals that may be used to assess patients or help | 8 | | ensure compliance with prescriptions; | 9 | | (4) updates from the Food and Drug Administration, the | 10 | | Centers for Disease Control and Prevention, and other | 11 | | public and private organizations which are relevant to | 12 | | prescribing; | 13 | | (5) relevant medical studies related to prescribing; | 14 | | (6) other information regarding prescribing of | 15 | | controlled substances; | 16 | | (7) information regarding prescription drug disposal | 17 | | events, including take-back programs or other disposal | 18 | | options or events; and | 19 | | (8) reminders that the Prescription Monitoring Program | 20 | | is a useful clinical tool. | 21 | | (Source: P.A. 99-480, eff. 9-9-15.)
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