Full Text of HB4650 100th General Assembly
HB4650ham001 100TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 4/23/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4650
| 2 | | AMENDMENT NO. ______. Amend House Bill 4650 on page 1, line | 3 | | 5, by replacing "Section" with "Sections 314.5 and"; and | 4 | | on page 1, immediately below line 5, by inserting the | 5 | | following: | 6 | | "(720 ILCS 570/314.5) | 7 | | Sec. 314.5. Medication shopping; pharmacy shopping. | 8 | | (a) It shall be unlawful for any person knowingly or | 9 | | intentionally to fraudulently obtain or fraudulently seek to | 10 | | obtain any controlled substance or prescription for a | 11 | | controlled substance from a prescriber or dispenser while being | 12 | | supplied with any controlled substance or prescription for a | 13 | | controlled substance by another prescriber or dispenser, | 14 | | without disclosing the fact of the existing controlled | 15 | | substance or prescription for a controlled substance to the | 16 | | prescriber or dispenser from whom the subsequent controlled |
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| 1 | | substance or prescription for a controlled substance is sought. | 2 | | (b) It shall be unlawful for a person knowingly or | 3 | | intentionally to fraudulently obtain or fraudulently seek to | 4 | | obtain any controlled substance from a pharmacy while being | 5 | | supplied with any controlled substance by another pharmacy, | 6 | | without disclosing the fact of the existing controlled | 7 | | substance to the pharmacy from which the subsequent controlled | 8 | | substance is sought. | 9 | | (c) A person may be in violation of Section 3.23 of the | 10 | | Illinois Food, Drug and Cosmetic Act or Section 406 of this Act | 11 | | when medication shopping or pharmacy shopping, or both. | 12 | | (c-5) Effective January 1, 2018, each prescriber | 13 | | possessing an Illinois controlled substances license shall | 14 | | register with the Prescription Monitoring Program. Each | 15 | | prescriber or his or her designee shall also document an | 16 | | attempt to access patient information in the Prescription | 17 | | Monitoring Program to assess patient access to controlled | 18 | | substances when providing an initial prescription for Schedule | 19 | | II narcotics such as opioids, except for prescriptions for | 20 | | oncology treatment or palliative care, or a 7-day or less | 21 | | supply provided by a hospital emergency department when | 22 | | treating an acute, traumatic medical condition. This attempt to | 23 | | access shall be documented in the patient's medical record. The | 24 | | hospital shall facilitate the designation of a prescriber's | 25 | | designee for the purpose of accessing the Prescription | 26 | | Monitoring Program for services provided at the hospital. |
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| 1 | | (d) When a person has been identified as having 3 or more | 2 | | prescribers or 3 or more pharmacies, or both, that do not | 3 | | utilize a common electronic file as specified in Section 20 of | 4 | | the Pharmacy Practice Act for controlled substances within the | 5 | | course of a continuous 30-day period, the Prescription | 6 | | Monitoring Program may issue an unsolicited report to the | 7 | | prescribers, dispensers, and their designees informing them of | 8 | | the potential medication shopping. If an unsolicited report is | 9 | | issued to a prescriber or prescribers, then the
report must | 10 | | also be sent to the applicable dispensing pharmacy. | 11 | | (e) Nothing in this Section shall be construed to create a | 12 | | requirement that any prescriber, dispenser, or pharmacist | 13 | | request any patient medication disclosure, report any patient | 14 | | activity, or prescribe or refuse to prescribe or dispense any | 15 | | medications. | 16 | | (f) This Section shall not be construed to apply to | 17 | | inpatients or residents at hospitals or other institutions or | 18 | | to institutional pharmacies.
| 19 | | (g) Any patient or pharmacist feedback, including grades, | 20 | | ratings, or written or verbal statements, in opposition to a | 21 | | clinical decision that the prescription of a controlled | 22 | | substance is not medically necessary shall not be the basis of | 23 | | any adverse action, evaluation, or any other type of negative | 24 | | credentialing, contracting, licensure, or employment action | 25 | | taken against a prescriber or dispenser. | 26 | | (Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)"; and |
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| 1 | | by replacing line 23 on page 4 through line 1 on page 5 with the | 2 | | following:
| 3 | | "eligibility of a person to be selected as a designee. In this | 4 | | subsection (g), "pharmacist" shall include a clinical | 5 | | pharmacist employed by and designated by a Medicaid Managed | 6 | | Care Organization providing services under Article V of the | 7 | | Illinois Public Aid Code under a contract with the Department | 8 | | of Health and Family Services for the sole purpose of clinical | 9 | | review of services provided to persons covered by the entity | 10 | | under the contract to determine compliance with subsections (a) | 11 | | and (b) of Section 314.5 of this Act. A managed care entity | 12 | | pharmacist shall notify prescribers of review activities. ".
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