Full Text of SB1607 100th General Assembly
SB1607eng 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 Sections 314.5 and 316 as follows: | 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 | 17 | | substance or prescription for a controlled substance is sought. | 18 | | (a-5) Before issuing a prescription for a Schedule II, III, | 19 | | IV, or V controlled substance, a prescriber or his or her | 20 | | designee shall access the prescription monitoring program to | 21 | | determine compliance with this Section. A prescriber who | 22 | | prescribes a Schedule II, III, IV, or V controlled
substance in | 23 | | the course of oncology treatment, a condition associated with |
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| 1 | | oncology, or
hospice care is exempt from having to check the | 2 | | Prescription Monitoring Program prior to prescribing the | 3 | | controlled
substance. | 4 | | (b) It shall be unlawful for a person knowingly or | 5 | | intentionally to fraudulently obtain or fraudulently seek to | 6 | | obtain any controlled substance from a pharmacy while being | 7 | | supplied with any controlled substance by another pharmacy, | 8 | | without disclosing the fact of the existing controlled | 9 | | substance to the pharmacy from which the subsequent controlled | 10 | | substance is sought. | 11 | | (c) A person may be in violation of Section 3.23 of the | 12 | | Illinois Food, Drug and Cosmetic Act or Section 406 of this Act | 13 | | when medication shopping or pharmacy shopping, or both. | 14 | | (d) When a person has been identified as having 3 or more | 15 | | prescribers or 3 or more pharmacies, or both, that do not | 16 | | utilize a common electronic file as specified in Section 20 of | 17 | | the Pharmacy Practice Act for controlled substances within the | 18 | | course of a continuous 30-day period, the Prescription | 19 | | Monitoring Program may issue an unsolicited report to the | 20 | | prescribers, dispensers, and their designees informing them of | 21 | | the potential medication shopping. If an unsolicited report is | 22 | | issued to a prescriber or prescribers, then the
report must | 23 | | also be sent to the applicable dispensing pharmacy. | 24 | | (e) Nothing in this Section shall be construed to create a | 25 | | requirement that any prescriber, dispenser, or pharmacist | 26 | | request any patient medication disclosure, report any patient |
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| 1 | | activity, or prescribe or refuse to prescribe or dispense any | 2 | | medications. | 3 | | (f) This Section shall not be construed to apply to | 4 | | inpatients or residents at hospitals or other institutions or | 5 | | to institutional pharmacies.
| 6 | | (g) Any patient feedback, including grades, ratings, or | 7 | | written or verbal statements, in opposition to a clinical | 8 | | decision that the prescription of a controlled substance is not | 9 | | medically necessary shall not be the basis of any adverse | 10 | | action, evaluation, or any other type of negative | 11 | | credentialing, contracting, licensure, or employment action | 12 | | taken against a prescriber or dispenser. | 13 | | (Source: P.A. 99-480, eff. 9-9-15.)
| 14 | | (720 ILCS 570/316)
| 15 | | Sec. 316. Prescription monitoring program. | 16 | | (a) The Department must provide for a
prescription | 17 | | monitoring program for Schedule II, III, IV, and V controlled | 18 | | substances that includes the following components and | 19 | | requirements:
| 20 | | (1) The
dispenser must transmit to the
central | 21 | | repository, in a form and manner specified by the | 22 | | Department, the following information:
| 23 | | (A) The recipient's name and address.
| 24 | | (B) The recipient's date of birth and gender.
| 25 | | (C) The national drug code number of the controlled
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| 1 | | substance
dispensed.
| 2 | | (D) The date the controlled substance is | 3 | | dispensed.
| 4 | | (E) The quantity of the controlled substance | 5 | | dispensed and days supply.
| 6 | | (F) The dispenser's United States Drug Enforcement | 7 | | Administration
registration number.
| 8 | | (G) The prescriber's United States Drug | 9 | | Enforcement Administration
registration number.
| 10 | | (H) The dates the controlled substance | 11 | | prescription is filled. | 12 | | (I) The payment type used to purchase the | 13 | | controlled substance (i.e. Medicaid, cash, third party | 14 | | insurance). | 15 | | (J) The patient location code (i.e. home, nursing | 16 | | home, outpatient, etc.) for the controlled substances | 17 | | other than those filled at a retail pharmacy. | 18 | | (K) Any additional information that may be | 19 | | required by the department by administrative rule, | 20 | | including but not limited to information required for | 21 | | compliance with the criteria for electronic reporting | 22 | | of the American Society for Automation and Pharmacy or | 23 | | its successor. | 24 | | (2) The information required to be transmitted under | 25 | | this Section must be
transmitted not later than the end of | 26 | | the next business day after the date on which a
controlled |
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| 1 | | substance is dispensed, or at such other time as may be | 2 | | required by the Department by administrative rule.
| 3 | | (3) A dispenser must transmit the information required | 4 | | under this Section
by:
| 5 | | (A) an electronic device compatible with the | 6 | | receiving device of the
central repository;
| 7 | | (B) a computer diskette;
| 8 | | (C) a magnetic tape; or
| 9 | | (D) a pharmacy universal claim form or Pharmacy | 10 | | Inventory Control form;
| 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 | | (b) The Department, by rule, may include in the monitoring | 19 | | program certain other select drugs that are not included in | 20 | | Schedule II, III, IV, or V. The prescription monitoring program | 21 | | does not apply to
controlled substance prescriptions as | 22 | | exempted under Section
313.
| 23 | | (c) The collection of data on select drugs and scheduled | 24 | | substances by the Prescription Monitoring Program may be used | 25 | | as a tool for addressing oversight requirements of long-term | 26 | | care institutions as set forth by Public Act 96-1372. Long-term |
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| 1 | | care pharmacies shall transmit patient medication profiles to | 2 | | the Prescription Monitoring Program monthly or more frequently | 3 | | as established by administrative rule. | 4 | | (d) The Department of Human Services shall appoint a | 5 | | full-time Clinical Director of the Prescription Monitoring | 6 | | Program. | 7 | | (e) (Blank). Within one year of the effective date of this | 8 | | amendatory Act of the 99th General Assembly, the Department | 9 | | shall adopt rules establishing pilot initiatives involving a | 10 | | cross-section of hospitals in this State to increase electronic | 11 | | integration of a hospital's electronic health record with the | 12 | | Prescription Monitoring Program on or before January 1, 2019 to | 13 | | ensure all providers have timely access to relevant | 14 | | prescription information during the treatment of their | 15 | | patients. These rules shall also establish pilots that enhance | 16 | | the electronic integration of outpatient pharmacy records with | 17 | | the Prescription Monitoring Program to allow for faster | 18 | | transmission of the information required under this Section. In | 19 | | collaboration with the Department of Human Services, the | 20 | | Prescription Monitoring Program Advisory Committee shall | 21 | | identify funding sources to support the pilot projects in this | 22 | | Section and distribution of funds shall be based on voluntary | 23 | | and incentive-based models. The rules adopted by the Department | 24 | | shall also ensure that the Department continues to monitor | 25 | | updates in Electronic Health Record Technology and how other | 26 | | states have integrated their prescription monitoring databases |
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| 1 | | with Electronic Health Records. | 2 | | (f) Within one year of the effective date of this | 3 | | amendatory Act of the 100th General Assembly, the Department | 4 | | shall adopt rules requiring all Electronic Health Records | 5 | | Systems to interface with the Prescription Monitoring Program | 6 | | application program on or before January 1, 2021 to ensure that | 7 | | all providers have access to specific patient records during | 8 | | the treatment of their patients. These rules shall also address | 9 | | the electronic integration of pharmacy records with the | 10 | | Prescription Monitoring Program to allow for faster | 11 | | transmission of the information required under this Section. | 12 | | The Department shall establish actions to be taken if a | 13 | | prescriber's Electronic Health Records System does not | 14 | | effectively interface with the Prescription Monitoring Program | 15 | | within the required timeline. | 16 | | (g) The Department, in consultation with the Advisory | 17 | | Committee, shall adopt rules allowing licensed prescribers or | 18 | | pharmacists who have registered to access the Prescription | 19 | | Monitoring Program to authorize a designee to consult the | 20 | | Prescription Monitoring Program on their behalf. The rules | 21 | | shall include reasonable parameters concerning a | 22 | | practitioner's authority to authorize a designee, and the | 23 | | eligibility of a person to be selected as a designee. | 24 | | (Source: P.A. 99-480, eff. 9-9-15.)
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