Full Text of HB5794 101st General Assembly
HB5794 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5794 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 720 ILCS 570/102 | from Ch. 56 1/2, par. 1102 | 720 ILCS 570/203 | from Ch. 56 1/2, par. 1203 | 720 ILCS 570/205 | from Ch. 56 1/2, par. 1205 | 720 ILCS 570/207 | from Ch. 56 1/2, par. 1207 | 720 ILCS 570/209 | from Ch. 56 1/2, par. 1209 | 720 ILCS 570/211 | from Ch. 56 1/2, par. 1211 | 720 ILCS 570/316 | | 720 ILCS 570/317 | | 720 ILCS 570/318 | | 720 ILCS 570/320 | | 720 ILCS 570/507.2 | |
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Amends the Illinois Controlled Substances Act. Provides that the Department of Financial and Professional Regulation (instead of the Department of Human Services) must provide for a
Prescription Monitoring Program for Schedule II, III, IV, and V controlled substances. Makes conforming and related changes. Provides that within one year after the effective date of the amendatory Act (instead of within one year of January 1, 2018) the Department of Financial and Professional Regulation (instead of the Department of Human Services) shall adopt rules requiring all Electronic Health Records Systems to interface with the Prescription Monitoring Program application program on or before January 1, 2022 (instead of January 1, 2021) to ensure that all providers have access to specific patient records during the treatment of their patients. Contains provisions concerning the transfer of rulemaking authority to the Department of Financial and Professional Regulation from the Department of Human Services. Effective immediately.
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Controlled Substances Act is | 5 | | amended by changing Sections 102, 203, 205, 207, 208, 209, 211, | 6 | | 316, 317, 318, 320, and 507.2 as follows: | 7 | | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 8 | | Sec. 102. Definitions. As used in this Act, unless the | 9 | | context
otherwise requires:
| 10 | | (a) "Addict" means any person who habitually uses any drug, | 11 | | chemical,
substance or dangerous drug other than alcohol so as | 12 | | to endanger the public
morals, health, safety or welfare or who | 13 | | is so far addicted to the use of a
dangerous drug or controlled | 14 | | substance other than alcohol as to have lost
the power of self | 15 | | control with reference to his or her addiction.
| 16 | | (b) "Administer" means the direct application of a | 17 | | controlled
substance, whether by injection, inhalation, | 18 | | ingestion, or any other
means, to the body of a patient, | 19 | | research subject, or animal (as
defined by the Humane | 20 | | Euthanasia in Animal Shelters Act) by:
| 21 | | (1) a practitioner (or, in his or her presence, by his | 22 | | or her authorized agent),
| 23 | | (2) the patient or research subject pursuant to an |
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| 1 | | order, or
| 2 | | (3) a euthanasia technician as defined by the Humane | 3 | | Euthanasia in
Animal Shelters Act.
| 4 | | (c) "Agent" means an authorized person who acts on behalf | 5 | | of or at
the direction of a manufacturer, distributor, | 6 | | dispenser, prescriber, or practitioner. It does not
include a | 7 | | common or contract carrier, public warehouseman or employee of
| 8 | | the carrier or warehouseman.
| 9 | | (c-1) "Anabolic Steroids" means any drug or hormonal | 10 | | substance,
chemically and pharmacologically related to | 11 | | testosterone (other than
estrogens, progestins, | 12 | | corticosteroids, and dehydroepiandrosterone),
and includes:
| 13 | | (i) 3[beta],17-dihydroxy-5a-androstane, | 14 | | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | 15 | | (iii) 5[alpha]-androstan-3,17-dione, | 16 | | (iv) 1-androstenediol (3[beta], | 17 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 18 | | (v) 1-androstenediol (3[alpha], | 19 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 20 | | (vi) 4-androstenediol | 21 | | (3[beta],17[beta]-dihydroxy-androst-4-ene), | 22 | | (vii) 5-androstenediol | 23 | | (3[beta],17[beta]-dihydroxy-androst-5-ene), | 24 | | (viii) 1-androstenedione | 25 | | ([5alpha]-androst-1-en-3,17-dione), | 26 | | (ix) 4-androstenedione |
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| 1 | | (androst-4-en-3,17-dione), | 2 | | (x) 5-androstenedione | 3 | | (androst-5-en-3,17-dione), | 4 | | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | 5 | | hydroxyandrost-4-en-3-one), | 6 | | (xii) boldenone (17[beta]-hydroxyandrost- | 7 | | 1,4,-diene-3-one), | 8 | | (xiii) boldione (androsta-1,4- | 9 | | diene-3,17-dione), | 10 | | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | 11 | | [beta]-hydroxyandrost-4-en-3-one), | 12 | | (xv) clostebol (4-chloro-17[beta]- | 13 | | hydroxyandrost-4-en-3-one), | 14 | | (xvi) dehydrochloromethyltestosterone (4-chloro- | 15 | | 17[beta]-hydroxy-17[alpha]-methyl- | 16 | | androst-1,4-dien-3-one), | 17 | | (xvii) desoxymethyltestosterone | 18 | | (17[alpha]-methyl-5[alpha] | 19 | | -androst-2-en-17[beta]-ol)(a.k.a., madol), | 20 | | (xviii) [delta]1-dihydrotestosterone (a.k.a. | 21 | | '1-testosterone') (17[beta]-hydroxy- | 22 | | 5[alpha]-androst-1-en-3-one), | 23 | | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | 24 | | androstan-3-one), | 25 | | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | 26 | | 5[alpha]-androstan-3-one), |
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| 1 | | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | 2 | | hydroxyestr-4-ene), | 3 | | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | 4 | | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | 5 | | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | 6 | | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | 7 | | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | 8 | | hydroxyandrostano[2,3-c]-furazan), | 9 | | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, | 10 | | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | 11 | | androst-4-en-3-one), | 12 | | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | 13 | | dihydroxy-estr-4-en-3-one), | 14 | | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | 15 | | hydroxy-5-androstan-3-one), | 16 | | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | 17 | | [5a]-androstan-3-one), | 18 | | (xxx) methandienone (17[alpha]-methyl-17[beta]- | 19 | | hydroxyandrost-1,4-dien-3-one), | 20 | | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | 21 | | dihydroxyandrost-5-ene), | 22 | | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | 23 | | 5[alpha]-androst-1-en-3-one), | 24 | | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | 25 | | dihydroxy-5a-androstane, | 26 | | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy |
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| 1 | | -5a-androstane, | 2 | | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | 3 | | dihydroxyandrost-4-ene), | 4 | | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | 5 | | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | 6 | | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | 7 | | hydroxyestra-4,9(10)-dien-3-one), | 8 | | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | 9 | | hydroxyestra-4,9-11-trien-3-one), | 10 | | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | 11 | | hydroxyandrost-4-en-3-one), | 12 | | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | 13 | | hydroxyestr-4-en-3-one), | 14 | | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | 15 | | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | 16 | | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | 17 | | 1-testosterone'), | 18 | | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | 19 | | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | 20 | | dihydroxyestr-4-ene), | 21 | | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | 22 | | dihydroxyestr-4-ene), | 23 | | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | 24 | | dihydroxyestr-5-ene), | 25 | | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | 26 | | dihydroxyestr-5-ene), |
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| 1 | | (xlvii) 19-nor-4,9(10)-androstadienedione | 2 | | (estra-4,9(10)-diene-3,17-dione), | 3 | | (xlviii) 19-nor-4-androstenedione (estr-4- | 4 | | en-3,17-dione), | 5 | | (xlix) 19-nor-5-androstenedione (estr-5- | 6 | | en-3,17-dione), | 7 | | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | 8 | | hydroxygon-4-en-3-one), | 9 | | (li) norclostebol (4-chloro-17[beta]- | 10 | | hydroxyestr-4-en-3-one), | 11 | | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | 12 | | hydroxyestr-4-en-3-one), | 13 | | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | 14 | | hydroxyestr-4-en-3-one), | 15 | | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | 16 | | 2-oxa-5[alpha]-androstan-3-one), | 17 | | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | 18 | | dihydroxyandrost-4-en-3-one), | 19 | | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | 20 | | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | 21 | | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | 22 | | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | 23 | | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | 24 | | (5[alpha]-androst-1-en-3-one), | 25 | | (lix) testolactone (13-hydroxy-3-oxo-13,17- | 26 | | secoandrosta-1,4-dien-17-oic |
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| 1 | | acid lactone), | 2 | | (lx) testosterone (17[beta]-hydroxyandrost- | 3 | | 4-en-3-one), | 4 | | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | 5 | | diethyl-17[beta]-hydroxygon- | 6 | | 4,9,11-trien-3-one), | 7 | | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | 8 | | 11-trien-3-one).
| 9 | | Any person who is otherwise lawfully in possession of an | 10 | | anabolic
steroid, or who otherwise lawfully manufactures, | 11 | | distributes, dispenses,
delivers, or possesses with intent to | 12 | | deliver an anabolic steroid, which
anabolic steroid is | 13 | | expressly intended for and lawfully allowed to be
administered | 14 | | through implants to livestock or other nonhuman species, and
| 15 | | which is approved by the Secretary of Health and Human Services | 16 | | for such
administration, and which the person intends to | 17 | | administer or have
administered through such implants, shall | 18 | | not be considered to be in
unauthorized possession or to | 19 | | unlawfully manufacture, distribute, dispense,
deliver, or | 20 | | possess with intent to deliver such anabolic steroid for
| 21 | | purposes of this Act.
| 22 | | (d) "Administration" means the Drug Enforcement | 23 | | Administration,
United States Department of Justice, or its | 24 | | successor agency.
| 25 | | (d-5) "Clinical Director, Prescription Monitoring Program" | 26 | | means a Department of Financial and Professional Regulation |
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| 1 | | Human Services administrative employee licensed to either | 2 | | prescribe or dispense controlled substances who shall run the | 3 | | clinical aspects of the Department of Financial and | 4 | | Professional Regulation Human Services Prescription Monitoring | 5 | | Program and the its Prescription Information Library. | 6 | | (d-10) "Compounding" means the preparation and mixing of | 7 | | components, excluding flavorings, (1) as the result of a | 8 | | prescriber's prescription drug order or initiative based on the | 9 | | prescriber-patient-pharmacist relationship in the course of | 10 | | professional practice or (2) for the purpose of, or incident | 11 | | to, research, teaching, or chemical analysis and not for sale | 12 | | or dispensing. "Compounding" includes the preparation of drugs | 13 | | or devices in anticipation of receiving prescription drug | 14 | | orders based on routine, regularly observed dispensing | 15 | | patterns. Commercially available products may be compounded | 16 | | for dispensing to individual patients only if both of the | 17 | | following conditions are met: (i) the commercial product is not | 18 | | reasonably available from normal distribution channels in a | 19 | | timely manner to meet the patient's needs and (ii) the | 20 | | prescribing practitioner has requested that the drug be | 21 | | compounded. | 22 | | (e) "Control" means to add a drug or other substance, or | 23 | | immediate
precursor, to a Schedule whether by
transfer from | 24 | | another Schedule or otherwise.
| 25 | | (f) "Controlled Substance" means (i) a drug, substance, | 26 | | immediate
precursor, or synthetic drug in the Schedules of |
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| 1 | | Article II of this Act or (ii) a drug or other substance, or | 2 | | immediate precursor, designated as a controlled substance by | 3 | | the Department through administrative rule. The term does not | 4 | | include distilled spirits, wine, malt beverages, or tobacco, as | 5 | | those terms are
defined or used in the Liquor Control Act of | 6 | | 1934 and the Tobacco Products Tax
Act of 1995.
| 7 | | (f-5) "Controlled substance analog" means a substance: | 8 | | (1) the chemical structure of which is substantially | 9 | | similar to the chemical structure of a controlled substance | 10 | | in Schedule I or II; | 11 | | (2) which has a stimulant, depressant, or | 12 | | hallucinogenic effect on the central nervous system that is | 13 | | substantially similar to or greater than the stimulant, | 14 | | depressant, or hallucinogenic effect on the central | 15 | | nervous system of a controlled substance in Schedule I or | 16 | | II; or | 17 | | (3) with respect to a particular person, which such | 18 | | person represents or intends to have a stimulant, | 19 | | depressant, or hallucinogenic effect on the central | 20 | | nervous system that is substantially similar to or greater | 21 | | than the stimulant, depressant, or hallucinogenic effect | 22 | | on the central nervous system of a controlled substance in | 23 | | Schedule I or II. | 24 | | (g) "Counterfeit substance" means a controlled substance, | 25 | | which, or
the container or labeling of which, without | 26 | | authorization bears the
trademark, trade name, or other |
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| 1 | | identifying mark, imprint, number or
device, or any likeness | 2 | | thereof, of a manufacturer, distributor, or
dispenser other | 3 | | than the person who in fact manufactured, distributed,
or | 4 | | dispensed the substance.
| 5 | | (h) "Deliver" or "delivery" means the actual, constructive | 6 | | or
attempted transfer of possession of a controlled substance, | 7 | | with or
without consideration, whether or not there is an | 8 | | agency relationship.
| 9 | | (i) "Department" means the Illinois Department of Human | 10 | | Services (as
successor to the Department of Alcoholism and | 11 | | Substance Abuse) or its successor agency.
| 12 | | (j) (Blank).
| 13 | | (k) "Department of Corrections" means the Department of | 14 | | Corrections
of the State of Illinois or its successor agency.
| 15 | | (l) "Department of Financial and Professional Regulation" | 16 | | means the Department
of Financial and Professional Regulation | 17 | | of the State of Illinois or its successor agency.
| 18 | | (m) "Depressant" means any drug that (i) causes an overall | 19 | | depression of central nervous system functions, (ii) causes | 20 | | impaired consciousness and awareness, and (iii) can be | 21 | | habit-forming or lead to a substance abuse problem, including | 22 | | but not limited to alcohol, cannabis and its active principles | 23 | | and their analogs, benzodiazepines and their analogs, | 24 | | barbiturates and their analogs, opioids (natural and | 25 | | synthetic) and their analogs, and chloral hydrate and similar | 26 | | sedative hypnotics.
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| 1 | | (n) (Blank).
| 2 | | (o) "Director" means the Director of the Illinois State | 3 | | Police or his or her designated agents.
| 4 | | (p) "Dispense" means to deliver a controlled substance to | 5 | | an
ultimate user or research subject by or pursuant to the | 6 | | lawful order of
a prescriber, including the prescribing, | 7 | | administering, packaging,
labeling, or compounding necessary | 8 | | to prepare the substance for that
delivery.
| 9 | | (q) "Dispenser" means a practitioner who dispenses.
| 10 | | (r) "Distribute" means to deliver, other than by | 11 | | administering or
dispensing, a controlled substance.
| 12 | | (s) "Distributor" means a person who distributes.
| 13 | | (t) "Drug" means (1) substances recognized as drugs in the | 14 | | official
United States Pharmacopoeia, Official Homeopathic | 15 | | Pharmacopoeia of the
United States, or official National | 16 | | Formulary, or any supplement to any
of them; (2) substances | 17 | | intended for use in diagnosis, cure, mitigation,
treatment, or | 18 | | prevention of disease in man or animals; (3) substances
(other | 19 | | than food) intended to affect the structure of any function of
| 20 | | the body of man or animals and (4) substances intended for use | 21 | | as a
component of any article specified in clause (1), (2), or | 22 | | (3) of this
subsection. It does not include devices or their | 23 | | components, parts, or
accessories.
| 24 | | (t-3) "Electronic health record" or "EHR" means an | 25 | | electronic record of health-related information on an | 26 | | individual that is created, gathered, managed, and consulted by |
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| 1 | | authorized health care clinicians and staff. | 2 | | (t-4) "Emergency medical services personnel" has the | 3 | | meaning ascribed to it in the Emergency Medical Services (EMS) | 4 | | Systems Act. | 5 | | (t-5) "Euthanasia agency" means
an entity certified by the | 6 | | Department of Financial and Professional Regulation for the
| 7 | | purpose of animal euthanasia that holds an animal control | 8 | | facility license or
animal
shelter license under the Animal | 9 | | Welfare Act. A euthanasia agency is
authorized to purchase, | 10 | | store, possess, and utilize Schedule II nonnarcotic and
| 11 | | Schedule III nonnarcotic drugs for the sole purpose of animal | 12 | | euthanasia.
| 13 | | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 14 | | substances
(nonnarcotic controlled substances) that are used | 15 | | by a euthanasia agency for
the purpose of animal euthanasia.
| 16 | | (u) "Good faith" means the prescribing or dispensing of a | 17 | | controlled
substance by a practitioner in the regular course of | 18 | | professional
treatment to or for any person who is under his or | 19 | | her treatment for a
pathology or condition other than that | 20 | | individual's physical or
psychological dependence upon or | 21 | | addiction to a controlled substance,
except as provided herein: | 22 | | and application of the term to a pharmacist
shall mean the | 23 | | dispensing of a controlled substance pursuant to the
| 24 | | prescriber's order which in the professional judgment of the | 25 | | pharmacist
is lawful. The pharmacist shall be guided by | 26 | | accepted professional
standards including, but not limited to |
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| 1 | | the following, in making the
judgment:
| 2 | | (1) lack of consistency of prescriber-patient | 3 | | relationship,
| 4 | | (2) frequency of prescriptions for same drug by one | 5 | | prescriber for
large numbers of patients,
| 6 | | (3) quantities beyond those normally prescribed,
| 7 | | (4) unusual dosages (recognizing that there may be | 8 | | clinical circumstances where more or less than the usual | 9 | | dose may be used legitimately),
| 10 | | (5) unusual geographic distances between patient, | 11 | | pharmacist and
prescriber,
| 12 | | (6) consistent prescribing of habit-forming drugs.
| 13 | | (u-0.5) "Hallucinogen" means a drug that causes markedly | 14 | | altered sensory perception leading to hallucinations of any | 15 | | type. | 16 | | (u-1) "Home infusion services" means services provided by a | 17 | | pharmacy in
compounding solutions for direct administration to | 18 | | a patient in a private
residence, long-term care facility, or | 19 | | hospice setting by means of parenteral,
intravenous, | 20 | | intramuscular, subcutaneous, or intraspinal infusion.
| 21 | | (u-5) "Illinois State Police" means the State
Police of the | 22 | | State of Illinois, or its successor agency. | 23 | | (v) "Immediate precursor" means a substance:
| 24 | | (1) which the Department has found to be and by rule | 25 | | designated as
being a principal compound used, or produced | 26 | | primarily for use, in the
manufacture of a controlled |
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| 1 | | substance;
| 2 | | (2) which is an immediate chemical intermediary used or | 3 | | likely to
be used in the manufacture of such controlled | 4 | | substance; and
| 5 | | (3) the control of which is necessary to prevent, | 6 | | curtail or limit
the manufacture of such controlled | 7 | | substance.
| 8 | | (w) "Instructional activities" means the acts of teaching, | 9 | | educating
or instructing by practitioners using controlled | 10 | | substances within
educational facilities approved by the State | 11 | | Board of Education or
its successor agency.
| 12 | | (x) "Local authorities" means a duly organized State, | 13 | | County or
Municipal peace unit or police force.
| 14 | | (y) "Look-alike substance" means a substance, other than a | 15 | | controlled
substance which (1) by overall dosage unit | 16 | | appearance, including shape,
color, size, markings or lack | 17 | | thereof, taste, consistency, or any other
identifying physical | 18 | | characteristic of the substance, would lead a reasonable
person | 19 | | to believe that the substance is a controlled substance, or (2) | 20 | | is
expressly or impliedly represented to be a controlled | 21 | | substance or is
distributed under circumstances which would | 22 | | lead a reasonable person to
believe that the substance is a | 23 | | controlled substance. For the purpose of
determining whether | 24 | | the representations made or the circumstances of the
| 25 | | distribution would lead a reasonable person to believe the | 26 | | substance to be
a controlled substance under this clause (2) of |
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| 1 | | subsection (y), the court or
other authority may consider the | 2 | | following factors in addition to any other
factor that may be | 3 | | relevant:
| 4 | | (a) statements made by the owner or person in control | 5 | | of the substance
concerning its nature, use or effect;
| 6 | | (b) statements made to the buyer or recipient that the | 7 | | substance may
be resold for profit;
| 8 | | (c) whether the substance is packaged in a manner | 9 | | normally used for the
illegal distribution of controlled | 10 | | substances;
| 11 | | (d) whether the distribution or attempted distribution | 12 | | included an
exchange of or demand for money or other | 13 | | property as consideration, and
whether the amount of the | 14 | | consideration was substantially greater than the
| 15 | | reasonable retail market value of the substance.
| 16 | | Clause (1) of this subsection (y) shall not apply to a | 17 | | noncontrolled
substance in its finished dosage form that was | 18 | | initially introduced into
commerce prior to the initial | 19 | | introduction into commerce of a controlled
substance in its | 20 | | finished dosage form which it may substantially resemble.
| 21 | | Nothing in this subsection (y) prohibits the dispensing or | 22 | | distributing
of noncontrolled substances by persons authorized | 23 | | to dispense and
distribute controlled substances under this | 24 | | Act, provided that such action
would be deemed to be carried | 25 | | out in good faith under subsection (u) if the
substances | 26 | | involved were controlled substances.
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| 1 | | Nothing in this subsection (y) or in this Act prohibits the | 2 | | manufacture,
preparation, propagation, compounding, | 3 | | processing, packaging, advertising
or distribution of a drug or | 4 | | drugs by any person registered pursuant to
Section 510 of the | 5 | | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 6 | | (y-1) "Mail-order pharmacy" means a pharmacy that is | 7 | | located in a state
of the United States that delivers, | 8 | | dispenses or
distributes, through the United States Postal | 9 | | Service or other common
carrier, to Illinois residents, any | 10 | | substance which requires a prescription.
| 11 | | (z) "Manufacture" means the production, preparation, | 12 | | propagation,
compounding, conversion or processing of a | 13 | | controlled substance other than methamphetamine, either
| 14 | | directly or indirectly, by extraction from substances of | 15 | | natural origin,
or independently by means of chemical | 16 | | synthesis, or by a combination of
extraction and chemical | 17 | | synthesis, and includes any packaging or
repackaging of the | 18 | | substance or labeling of its container, except that
this term | 19 | | does not include:
| 20 | | (1) by an ultimate user, the preparation or compounding | 21 | | of a
controlled substance for his or her own use; or
| 22 | | (2) by a practitioner, or his or her authorized agent | 23 | | under his or her
supervision, the preparation, | 24 | | compounding, packaging, or labeling of a
controlled | 25 | | substance:
| 26 | | (a) as an incident to his or her administering or |
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| 1 | | dispensing of a
controlled substance in the course of | 2 | | his or her professional practice; or
| 3 | | (b) as an incident to lawful research, teaching or | 4 | | chemical
analysis and not for sale.
| 5 | | (z-1) (Blank).
| 6 | | (z-5) "Medication shopping" means the conduct prohibited | 7 | | under subsection (a) of Section 314.5 of this Act. | 8 | | (z-10) "Mid-level practitioner" means (i) a physician | 9 | | assistant who has been delegated authority to prescribe through | 10 | | a written delegation of authority by a physician licensed to | 11 | | practice medicine in all of its branches, in accordance with | 12 | | Section 7.5 of the Physician Assistant Practice Act of 1987, | 13 | | (ii) an advanced practice registered nurse who has been | 14 | | delegated authority to prescribe through a written delegation | 15 | | of authority by a physician licensed to practice medicine in | 16 | | all of its branches or by a podiatric physician, in accordance | 17 | | with Section 65-40 of the Nurse Practice Act, (iii) an advanced | 18 | | practice registered nurse certified as a nurse practitioner, | 19 | | nurse midwife, or clinical nurse specialist who has been | 20 | | granted authority to prescribe by a hospital affiliate in | 21 | | accordance with Section 65-45 of the Nurse Practice Act, (iv) | 22 | | an animal euthanasia agency, or (v) a prescribing psychologist. | 23 | | (aa) "Narcotic drug" means any of the following, whether | 24 | | produced
directly or indirectly by extraction from substances | 25 | | of vegetable origin,
or independently by means of chemical | 26 | | synthesis, or by a combination of
extraction and chemical |
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| 1 | | synthesis:
| 2 | | (1) opium, opiates, derivatives of opium and opiates, | 3 | | including their isomers, esters, ethers, salts, and salts | 4 | | of isomers, esters, and ethers, whenever the existence of | 5 | | such isomers, esters, ethers, and salts is possible within | 6 | | the specific chemical designation; however the term | 7 | | "narcotic drug" does not include the isoquinoline | 8 | | alkaloids of opium;
| 9 | | (2) (blank);
| 10 | | (3) opium poppy and poppy straw;
| 11 | | (4) coca leaves, except coca leaves and extracts of | 12 | | coca leaves from which substantially all of the cocaine and | 13 | | ecgonine, and their isomers, derivatives and salts, have | 14 | | been removed;
| 15 | | (5) cocaine, its salts, optical and geometric isomers, | 16 | | and salts of isomers; | 17 | | (6) ecgonine, its derivatives, their salts, isomers, | 18 | | and salts of isomers; | 19 | | (7) any compound, mixture, or preparation which | 20 | | contains any quantity of any of the substances referred to | 21 | | in subparagraphs (1) through (6). | 22 | | (bb) "Nurse" means a registered nurse licensed under the
| 23 | | Nurse Practice Act.
| 24 | | (cc) (Blank).
| 25 | | (dd) "Opiate" means any substance having an addiction | 26 | | forming or
addiction sustaining liability similar to morphine |
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| 1 | | or being capable of
conversion into a drug having addiction | 2 | | forming or addiction sustaining
liability.
| 3 | | (ee) "Opium poppy" means the plant of the species Papaver
| 4 | | somniferum L., except its seeds.
| 5 | | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | 6 | | solution or other liquid form of medication intended for | 7 | | administration by mouth, but the term does not include a form | 8 | | of medication intended for buccal, sublingual, or transmucosal | 9 | | administration. | 10 | | (ff) "Parole and Pardon Board" means the Parole and Pardon | 11 | | Board of
the State of Illinois or its successor agency.
| 12 | | (gg) "Person" means any individual, corporation, | 13 | | mail-order pharmacy,
government or governmental subdivision or | 14 | | agency, business trust, estate,
trust, partnership or | 15 | | association, or any other entity.
| 16 | | (hh) "Pharmacist" means any person who holds a license or | 17 | | certificate of
registration as a registered pharmacist, a local | 18 | | registered pharmacist
or a registered assistant pharmacist | 19 | | under the Pharmacy Practice Act.
| 20 | | (ii) "Pharmacy" means any store, ship or other place in | 21 | | which
pharmacy is authorized to be practiced under the Pharmacy | 22 | | Practice Act.
| 23 | | (ii-5) "Pharmacy shopping" means the conduct prohibited | 24 | | under subsection (b) of Section 314.5 of this Act. | 25 | | (ii-10) "Physician" (except when the context otherwise | 26 | | requires) means a person licensed to practice medicine in all |
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| 1 | | of its branches. | 2 | | (jj) "Poppy straw" means all parts, except the seeds, of | 3 | | the opium
poppy, after mowing.
| 4 | | (kk) "Practitioner" means a physician licensed to practice | 5 | | medicine in all
its branches, dentist, optometrist, podiatric | 6 | | physician,
veterinarian, scientific investigator, pharmacist, | 7 | | physician assistant,
advanced practice registered nurse,
| 8 | | licensed practical
nurse, registered nurse, emergency medical | 9 | | services personnel, hospital, laboratory, or pharmacy, or | 10 | | other
person licensed, registered, or otherwise lawfully | 11 | | permitted by the
United States or this State to distribute, | 12 | | dispense, conduct research
with respect to, administer or use | 13 | | in teaching or chemical analysis, a
controlled substance in the | 14 | | course of professional practice or research.
| 15 | | (ll) "Pre-printed prescription" means a written | 16 | | prescription upon which
the designated drug has been indicated | 17 | | prior to the time of issuance; the term does not mean a written | 18 | | prescription that is individually generated by machine or | 19 | | computer in the prescriber's office.
| 20 | | (mm) "Prescriber" means a physician licensed to practice | 21 | | medicine in all
its branches, dentist, optometrist, | 22 | | prescribing psychologist licensed under Section 4.2 of the | 23 | | Clinical Psychologist Licensing Act with prescriptive | 24 | | authority delegated under Section 4.3 of the Clinical | 25 | | Psychologist Licensing Act, podiatric physician, or
| 26 | | veterinarian who issues a prescription, a physician assistant |
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| 1 | | who
issues a
prescription for a controlled substance
in | 2 | | accordance
with Section 303.05, a written delegation, and a | 3 | | written collaborative agreement required under Section 7.5
of | 4 | | the
Physician Assistant Practice Act of 1987, an advanced | 5 | | practice registered
nurse with prescriptive authority | 6 | | delegated under Section 65-40 of the Nurse Practice Act and in | 7 | | accordance with Section 303.05, a written delegation,
and a | 8 | | written
collaborative agreement under Section 65-35 of the | 9 | | Nurse Practice Act, an advanced practice registered nurse | 10 | | certified as a nurse practitioner, nurse midwife, or clinical | 11 | | nurse specialist who has been granted authority to prescribe by | 12 | | a hospital affiliate in accordance with Section 65-45 of the | 13 | | Nurse Practice Act and in accordance with Section 303.05, or an | 14 | | advanced practice registered nurse certified as a nurse | 15 | | practitioner, nurse midwife, or clinical nurse specialist who | 16 | | has full practice authority pursuant to Section 65-43 of the | 17 | | Nurse Practice Act.
| 18 | | (nn) "Prescription" means a written, facsimile, or oral | 19 | | order, or an electronic order that complies with applicable | 20 | | federal requirements,
of
a physician licensed to practice | 21 | | medicine in all its branches,
dentist, podiatric physician or | 22 | | veterinarian for any controlled
substance, of an optometrist in | 23 | | accordance with Section 15.1 of the Illinois Optometric | 24 | | Practice Act of 1987, of a prescribing psychologist licensed | 25 | | under Section 4.2 of the Clinical Psychologist Licensing Act | 26 | | with prescriptive authority delegated under Section 4.3 of the |
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| 1 | | Clinical Psychologist Licensing Act, of a physician assistant | 2 | | for a
controlled substance
in accordance with Section 303.05, a | 3 | | written delegation, and a written collaborative agreement | 4 | | required under
Section 7.5 of the
Physician Assistant Practice | 5 | | Act of 1987, of an advanced practice registered
nurse with | 6 | | prescriptive authority delegated under Section 65-40 of the | 7 | | Nurse Practice Act who issues a prescription for a
controlled | 8 | | substance in accordance
with
Section 303.05, a written | 9 | | delegation, and a written collaborative agreement under | 10 | | Section 65-35 of the Nurse Practice Act, of an advanced | 11 | | practice registered nurse certified as a nurse practitioner, | 12 | | nurse midwife, or clinical nurse specialist who has been | 13 | | granted authority to prescribe by a hospital affiliate in | 14 | | accordance with Section 65-45 of the Nurse Practice Act and in | 15 | | accordance with Section 303.05 when required by law, or of an | 16 | | advanced practice registered nurse certified as a nurse | 17 | | practitioner, nurse midwife, or clinical nurse specialist who | 18 | | has full practice authority pursuant to Section 65-43 of the | 19 | | Nurse Practice Act.
| 20 | | (nn-5) "Prescription Information Library" (PIL) means an | 21 | | electronic library that contains reported controlled substance | 22 | | data. | 23 | | (nn-10) "Prescription Monitoring Program" (PMP) means the | 24 | | entity that collects, tracks, and stores reported data on | 25 | | controlled substances and select drugs pursuant to Section 316. | 26 | | (oo) "Production" or "produce" means manufacture, |
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| 1 | | planting,
cultivating, growing, or harvesting of a controlled | 2 | | substance other than methamphetamine.
| 3 | | (pp) "Registrant" means every person who is required to | 4 | | register
under Section 302 of this Act.
| 5 | | (qq) "Registry number" means the number assigned to each | 6 | | person
authorized to handle controlled substances under the | 7 | | laws of the United
States and of this State.
| 8 | | (qq-5) "Secretary" means, as the context requires, either | 9 | | the Secretary of the Department or the Secretary of the | 10 | | Department of Financial and Professional Regulation, and the | 11 | | Secretary's designated agents. | 12 | | (rr) "State" includes the State of Illinois and any state, | 13 | | district,
commonwealth, territory, insular possession thereof, | 14 | | and any area
subject to the legal authority of the United | 15 | | States of America.
| 16 | | (rr-5) "Stimulant" means any drug that (i) causes an | 17 | | overall excitation of central nervous system functions, (ii) | 18 | | causes impaired consciousness and awareness, and (iii) can be | 19 | | habit-forming or lead to a substance abuse problem, including | 20 | | but not limited to amphetamines and their analogs, | 21 | | methylphenidate and its analogs, cocaine, and phencyclidine | 22 | | and its analogs. | 23 | | (rr-10) "Synthetic drug" includes, but is not limited to, | 24 | | any synthetic cannabinoids or piperazines or any synthetic | 25 | | cathinones as provided for in Schedule I. | 26 | | (ss) "Ultimate user" means a person who lawfully possesses |
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| 1 | | a
controlled substance for his or her own use or for the use of | 2 | | a member of his or her
household or for administering to an | 3 | | animal owned by him or her or by a member
of his or her | 4 | | household.
| 5 | | (Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15; | 6 | | 99-371, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff. 7-28-16; | 7 | | 100-280, eff. 1-1-18; 100-453, eff. 8-25-17; 100-513, eff. | 8 | | 1-1-18; 100-789, eff. 1-1-19; 100-863, eff. 8-14-18 .)
| 9 | | (720 ILCS 570/203) (from Ch. 56 1/2, par. 1203)
| 10 | | Sec. 203.
The Department, taking into consideration the | 11 | | recommendations of the its Prescription Monitoring Program | 12 | | Advisory Committee, may issue a rule scheduling a substance in | 13 | | Schedule I if
it finds that:
| 14 | | (1) the substance has high potential for abuse; and
| 15 | | (2) the substance has no currently accepted medical use | 16 | | in treatment in
the United States or lacks accepted safety | 17 | | for use in treatment under
medical supervision.
| 18 | | (Source: P.A. 97-334, eff. 1-1-12.)
| 19 | | (720 ILCS 570/205) (from Ch. 56 1/2, par. 1205)
| 20 | | Sec. 205.
The Department, taking into consideration the | 21 | | recommendations of the its Prescription Monitoring Program | 22 | | Advisory Committee, may issue a rule scheduling a substance
in | 23 | | Schedule II if
it finds that:
| 24 | | (1) the substance has high potential for abuse;
|
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| 1 | | (2) the substance has currently accepted medical use in | 2 | | treatment in the
United States, or currently accepted | 3 | | medical use with severe restrictions;
and
| 4 | | (3) the abuse of the substance may lead to severe | 5 | | psychological or
physiological dependence.
| 6 | | (Source: P.A. 97-334, eff. 1-1-12.)
| 7 | | (720 ILCS 570/207) (from Ch. 56 1/2, par. 1207)
| 8 | | Sec. 207.
The Department, taking into consideration the | 9 | | recommendations of the its Prescription Monitoring Program | 10 | | Advisory Committee, may issue a rule scheduling a substance
in | 11 | | Schedule III
if it finds that:
| 12 | | (1) the substance has a potential for abuse less than | 13 | | the substances
listed in Schedule I and II;
| 14 | | (2) the substance has currently accepted medical use in | 15 | | treatment in the
United States; and
| 16 | | (3) abuse of the substance may lead to moderate or low | 17 | | physiological
dependence or high psychological dependence.
| 18 | | (Source: P.A. 97-334, eff. 1-1-12.)
| 19 | | (720 ILCS 570/209) (from Ch. 56 1/2, par. 1209)
| 20 | | Sec. 209.
The Department, taking into consideration the | 21 | | recommendations of the its Prescription Monitoring Program | 22 | | Advisory Committee, may issue a rule scheduling a substance
in | 23 | | Schedule IV if
it finds that:
| 24 | | (1) the substance has a low potential for abuse |
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| 1 | | relative to substances
in Schedule III;
| 2 | | (2) the substance has currently accepted medical use in | 3 | | treatment in the
United States; and
| 4 | | (3) abuse of the substance may lead to limited | 5 | | physiological dependence
or psychological dependence | 6 | | relative to the substances in Schedule III.
| 7 | | (Source: P.A. 97-334, eff. 1-1-12.)
| 8 | | (720 ILCS 570/211) (from Ch. 56 1/2, par. 1211)
| 9 | | Sec. 211. The Department, taking into consideration the | 10 | | recommendations of the its Prescription Monitoring Program | 11 | | Advisory Committee, may issue a rule scheduling a substance
in | 12 | | Schedule V if
it finds that:
| 13 | | (1) the substance has low potential for abuse relative | 14 | | to the controlled
substances listed in Schedule IV;
| 15 | | (2) the substance has currently accepted medical use in | 16 | | treatment in the
United States; and
| 17 | | (3) abuse of the substance may lead to limited | 18 | | physiological dependence
or psychological dependence | 19 | | relative to the substances in Schedule IV, or the substance | 20 | | is a targeted methamphetamine precursor as defined in the | 21 | | Methamphetamine Precursor Control Act.
| 22 | | (Source: P.A. 97-334, eff. 1-1-12.)
| 23 | | (720 ILCS 570/316)
| 24 | | Sec. 316. Prescription Monitoring Program. |
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| 1 | | (a) The Department of Financial and Professional | 2 | | Regulation must provide for a
Prescription Monitoring Program | 3 | | for Schedule II, III, IV, and V controlled substances that | 4 | | includes the following components and requirements:
| 5 | | (1) The
dispenser must transmit to the
central | 6 | | repository, in a form and manner specified by the | 7 | | Department of Financial and Professional Regulation , the | 8 | | following information:
| 9 | | (A) The recipient's name and address.
| 10 | | (B) The recipient's date of birth and gender.
| 11 | | (C) The national drug code number of the controlled
| 12 | | substance
dispensed.
| 13 | | (D) The date the controlled substance is | 14 | | dispensed.
| 15 | | (E) The quantity of the controlled substance | 16 | | dispensed and days supply.
| 17 | | (F) The dispenser's United States Drug Enforcement | 18 | | Administration
registration number.
| 19 | | (G) The prescriber's United States Drug | 20 | | Enforcement Administration
registration number.
| 21 | | (H) The dates the controlled substance | 22 | | prescription is filled. | 23 | | (I) The payment type used to purchase the | 24 | | controlled substance (i.e. Medicaid, cash, third party | 25 | | insurance). | 26 | | (J) The patient location code (i.e. home, nursing |
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| 1 | | home, outpatient, etc.) for the controlled substances | 2 | | other than those filled at a retail pharmacy. | 3 | | (K) Any additional information that may be | 4 | | required by the Department of Financial and | 5 | | Professional Regulation department by administrative | 6 | | rule, including but not limited to information | 7 | | required for compliance with the criteria for | 8 | | electronic reporting of the American Society for | 9 | | Automation and Pharmacy or 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 of Financial and Professional | 15 | | Regulation by administrative rule.
| 16 | | (3) A dispenser must transmit the information required | 17 | | under this Section
by:
| 18 | | (A) an electronic device compatible with the | 19 | | receiving device of the
central repository;
| 20 | | (B) a computer diskette;
| 21 | | (C) a magnetic tape; or
| 22 | | (D) a pharmacy universal claim form or Pharmacy | 23 | | Inventory Control form.
| 24 | | (4) The Department of Financial and Professional | 25 | | Regulation may impose a civil fine of up to $100 per day | 26 | | for willful failure to report controlled substance |
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| 1 | | dispensing to the Prescription Monitoring Program. The | 2 | | fine shall be calculated on no more than the number of days | 3 | | from the time the report was required to be made until the | 4 | | time the problem was resolved, and shall be payable to the | 5 | | Prescription Monitoring Program.
| 6 | | (a-5) Notwithstanding subsection (a), a licensed | 7 | | veterinarian is exempt from the reporting requirements of this | 8 | | Section. If a person who is presenting an animal for treatment | 9 | | is suspected of fraudulently obtaining any controlled | 10 | | substance or prescription for a controlled substance, the | 11 | | licensed veterinarian shall report that information to the | 12 | | local law enforcement agency. | 13 | | (b) The Department of Financial and Professional | 14 | | Regulation , by rule, may include in the Prescription Monitoring | 15 | | Program certain other select drugs that are not included in | 16 | | Schedule II, III, IV, or V. The Prescription Monitoring Program | 17 | | does not apply to
controlled substance prescriptions as | 18 | | exempted under Section
313.
| 19 | | (c) The collection of data on select drugs and scheduled | 20 | | substances by the Prescription Monitoring Program may be used | 21 | | as a tool for addressing oversight requirements of long-term | 22 | | care institutions as set forth by Public Act 96-1372. Long-term | 23 | | care pharmacies shall transmit patient medication profiles to | 24 | | the Prescription Monitoring Program monthly or more frequently | 25 | | as established by administrative rule. | 26 | | (d) The Department of Financial and Professional |
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| 1 | | Regulation Human Services shall appoint a full-time Clinical | 2 | | Director of the Prescription Monitoring Program. | 3 | | (e) (Blank). | 4 | | (f) Within one year after the effective date of this | 5 | | amendatory Act of the 101st General Assembly of January 1, 2018 | 6 | | (the effective date of Public Act 100-564) , the Department of | 7 | | Financial and Professional Regulation shall adopt rules | 8 | | requiring all Electronic Health Records Systems to interface | 9 | | with the Prescription Monitoring Program application program | 10 | | on or before January 1, 2022 January 1, 2021 to ensure that all | 11 | | providers have access to specific patient records during the | 12 | | treatment of their patients. These rules shall also address the | 13 | | electronic integration of pharmacy records with the | 14 | | Prescription Monitoring Program to allow for faster | 15 | | transmission of the information required under this Section. | 16 | | The Department of Financial and Professional Regulation shall | 17 | | establish actions to be taken if a prescriber's Electronic | 18 | | Health Records System does not effectively interface with the | 19 | | Prescription Monitoring Program within the required timeline. | 20 | | (g) The Department of Financial and Professional | 21 | | Regulation , in consultation with the Advisory Committee, shall | 22 | | adopt rules allowing licensed prescribers or pharmacists who | 23 | | have registered to access the Prescription Monitoring Program | 24 | | to authorize a licensed or non-licensed designee employed in | 25 | | that licensed prescriber's office or a licensed designee in a | 26 | | licensed pharmacist's pharmacy who has received training in the |
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| 1 | | federal Health Insurance Portability and Accountability Act to | 2 | | consult the Prescription Monitoring Program on their behalf. | 3 | | The rules shall include reasonable parameters concerning a | 4 | | practitioner's authority to authorize a designee, and the | 5 | | eligibility of a person to be selected as a designee. In this | 6 | | subsection (g), "pharmacist" shall include a clinical | 7 | | pharmacist employed by and designated by a Medicaid Managed | 8 | | Care Organization providing services under Article V of the | 9 | | Illinois Public Aid Code under a contract with the Department | 10 | | of Healthcare and Family Services for the sole purpose of | 11 | | clinical review of services provided to persons covered by the | 12 | | entity under the contract to determine compliance with | 13 | | subsections (a) and (b) of Section 314.5 of this Act. A managed | 14 | | care entity pharmacist shall notify prescribers of review | 15 | | activities. | 16 | | (Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18; | 17 | | 100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff. | 18 | | 7-12-19; 101-414, eff. 8-16-19.)
| 19 | | (720 ILCS 570/317)
| 20 | | Sec. 317. Central repository for collection of | 21 | | information.
| 22 | | (a) The Department of Financial and Professional | 23 | | Regulation must designate a central repository for
the | 24 | | collection of information transmitted under Section 316 and | 25 | | former Section 321.
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| 1 | | (b) The central repository must do the following:
| 2 | | (1) Create a database for information required to be | 3 | | transmitted under
Section 316 in the form required under | 4 | | rules adopted by the
Department of Financial and | 5 | | Professional Regulation , including search capability for | 6 | | the following:
| 7 | | (A) A recipient's name and address.
| 8 | | (B) A recipient's date of birth and gender.
| 9 | | (C) The national drug code number of a controlled | 10 | | substance
dispensed.
| 11 | | (D) The dates a controlled substance is dispensed.
| 12 | | (E) The quantities and days supply of a controlled | 13 | | substance dispensed.
| 14 | | (F) A dispenser's Administration
registration | 15 | | number.
| 16 | | (G) A prescriber's Administration
registration | 17 | | 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 controlled substance | 25 | | prescriptions other than those filled at a retail | 26 | | pharmacy. |
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| 1 | | (2) Provide the Department of Financial and | 2 | | Professional Regulation with a database maintained by the | 3 | | central
repository. The Department of Financial and
| 4 | | Professional
Regulation must provide the
Department with | 5 | | electronic access to the license information of a | 6 | | prescriber or
dispenser.
| 7 | | (3) Secure the information collected by the central | 8 | | repository and the
database maintained by the central | 9 | | repository against access by unauthorized
persons. | 10 | | All prescribers shall designate one or more medical | 11 | | specialties or fields of medical care and treatment for which | 12 | | the prescriber prescribes controlled substances when | 13 | | registering with the Prescription Monitoring Program. | 14 | | No fee shall be charged for access by a prescriber or | 15 | | dispenser.
| 16 | | (Source: P.A. 99-480, eff. 9-9-15.)
| 17 | | (720 ILCS 570/318)
| 18 | | Sec. 318. Confidentiality of information.
| 19 | | (a) Information received by the central repository under | 20 | | Section 316 and former Section 321
is confidential.
| 21 | | (a-1) To ensure the federal Health Insurance Portability | 22 | | and Accountability Act privacy of an individual's prescription | 23 | | data reported to the Prescription Monitoring Program received | 24 | | from a retail dispenser under this Act, and in order to execute | 25 | | the duties and responsibilities under Section 316 of this Act |
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| 1 | | and rules for disclosure under this Section, the Clinical | 2 | | Director of the Prescription Monitoring Program or his or her | 3 | | designee shall maintain direct access to all Prescription | 4 | | Monitoring Program data. Any request for Prescription | 5 | | Monitoring Program data from any other department or agency | 6 | | must be approved in writing by the Clinical Director of the | 7 | | Prescription Monitoring Program or his or her designee unless | 8 | | otherwise permitted by law. Prescription Monitoring Program | 9 | | data shall only be disclosed as permitted by law. | 10 | | (a-2) As an active step to address the current opioid | 11 | | crisis in this State and to prevent and reduce addiction | 12 | | resulting from a sports injury or an accident, the Prescription | 13 | | Monitoring Program and the Department of Public Health shall | 14 | | coordinate a continuous review of the Prescription Monitoring | 15 | | Program and the Department of Public Health data to determine | 16 | | if a patient may be at risk of opioid addiction. Each patient | 17 | | discharged from any medical facility with an International | 18 | | Classification of Disease, 10th edition code related to a sport | 19 | | or accident injury shall be subject to the data review. If the | 20 | | discharged patient is dispensed a controlled substance, the | 21 | | Prescription Monitoring Program shall alert the patient's | 22 | | prescriber as to the addiction risk and urge each to follow the | 23 | | Centers for Disease Control and Prevention guidelines or his or | 24 | | her respective profession's treatment guidelines related to | 25 | | the patient's injury. This subsection (a-2), other than this | 26 | | sentence, is inoperative on or after January 1, 2024. |
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| 1 | | (b) The Department of Financial and Professional | 2 | | Regulation must carry out a program to protect the
| 3 | | confidentiality of the information described in subsection | 4 | | (a). The Department
of Financial and Professional Regulation | 5 | | may
disclose the information to another person only under
| 6 | | subsection (c), (d), or (f) and may charge a fee not to exceed | 7 | | the actual cost
of
furnishing the
information.
| 8 | | (c) The Department of Financial and Professional | 9 | | Regulation may disclose confidential information described
in | 10 | | subsection (a) to any person who is engaged in receiving, | 11 | | processing, or
storing the information.
| 12 | | (d) The Department of Financial and Professional | 13 | | Regulation may release confidential information described
in | 14 | | subsection (a) to the following persons:
| 15 | | (1) A governing body
that licenses practitioners and is | 16 | | engaged in an investigation, an
adjudication,
or a | 17 | | prosecution of a violation under any State or federal law | 18 | | that involves a
controlled substance.
| 19 | | (2) An investigator for the Consumer Protection | 20 | | Division of the office of
the Attorney General, a | 21 | | prosecuting attorney, the Attorney General, a deputy
| 22 | | Attorney General, or an investigator from the office of the | 23 | | Attorney General,
who is engaged in any of the following | 24 | | activities involving controlled
substances:
| 25 | | (A) an investigation;
| 26 | | (B) an adjudication; or
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| 1 | | (C) a prosecution
of a violation under any State or | 2 | | federal law that involves a controlled
substance.
| 3 | | (3) A law enforcement officer who is:
| 4 | | (A) authorized by the Illinois State Police or the | 5 | | office of a county sheriff or State's Attorney or
| 6 | | municipal police department of Illinois to receive
| 7 | | information
of the type requested for the purpose of | 8 | | investigations involving controlled
substances; or
| 9 | | (B) approved by the Department of Financial and | 10 | | Professional Regulation to receive information of the
| 11 | | type requested for the purpose of investigations | 12 | | involving controlled
substances; and
| 13 | | (C) engaged in the investigation or prosecution of | 14 | | a violation
under
any State or federal law that | 15 | | involves a controlled substance.
| 16 | | (4) Select representatives of the Department of | 17 | | Children and Family Services through the indirect online | 18 | | request process. Access shall be established by an | 19 | | intergovernmental agreement between the Department of | 20 | | Children and Family Services and the Department of | 21 | | Financial and Professional Regulation Human Services . | 22 | | (e) Before the Department of Financial and Professional | 23 | | Regulation releases confidential information under
subsection | 24 | | (d), the applicant must demonstrate in writing to the | 25 | | Department of Financial and Professional Regulation that:
| 26 | | (1) the applicant has reason to believe that a |
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| 1 | | violation under any
State or
federal law that involves a | 2 | | controlled substance has occurred; and
| 3 | | (2) the requested information is reasonably related to | 4 | | the investigation,
adjudication, or prosecution of the | 5 | | violation described in subdivision (1).
| 6 | | (f) The Department of Financial and Professional | 7 | | Regulation may receive and release prescription record | 8 | | information under Section 316 and former Section 321 to:
| 9 | | (1) a governing
body that licenses practitioners;
| 10 | | (2) an investigator for the Consumer Protection | 11 | | Division of the office of
the Attorney General, a | 12 | | prosecuting attorney, the Attorney General, a deputy
| 13 | | Attorney General, or an investigator from the office of the | 14 | | Attorney General;
| 15 | | (3) any Illinois law enforcement officer who is:
| 16 | | (A) authorized to receive the type of
information | 17 | | released; and
| 18 | | (B) approved by the Department of Financial and | 19 | | Professional Regulation to receive the type of
| 20 | | information released; or
| 21 | | (4) prescription monitoring entities in other states | 22 | | per the provisions outlined in subsection (g) and (h) | 23 | | below;
| 24 | | confidential prescription record information collected under | 25 | | Sections 316 and 321 (now repealed) that identifies vendors or
| 26 | | practitioners, or both, who are prescribing or dispensing large |
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| 1 | | quantities of
Schedule II, III, IV, or V controlled
substances | 2 | | outside the scope of their practice, pharmacy, or business, as | 3 | | determined by the Advisory Committee created by Section 320.
| 4 | | (g) The information described in subsection (f) may not be | 5 | | released until it
has been reviewed by an employee of the | 6 | | Department of Financial and Professional Regulation who is | 7 | | licensed as a
prescriber or a dispenser
and until that employee | 8 | | has certified
that further investigation is warranted. | 9 | | However, failure to comply with this
subsection (g) does not | 10 | | invalidate the use of any evidence that is otherwise
admissible | 11 | | in a proceeding described in subsection (h).
| 12 | | (h) An investigator or a law enforcement officer receiving | 13 | | confidential
information under subsection (c), (d), or (f) may | 14 | | disclose the information to a
law enforcement officer or an | 15 | | attorney for the office of the Attorney General
for use as | 16 | | evidence in the following:
| 17 | | (1) A proceeding under any State or federal law that | 18 | | involves a
controlled substance.
| 19 | | (2) A criminal proceeding or a proceeding in juvenile | 20 | | court that involves
a controlled substance.
| 21 | | (i) The Department of Financial and Professional | 22 | | Regulation may compile statistical reports from the
| 23 | | information described in subsection (a). The reports must not | 24 | | include
information that identifies, by name, license or | 25 | | address, any practitioner, dispenser, ultimate user, or other | 26 | | person
administering a controlled substance.
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| 1 | | (j) Based upon federal, initial and maintenance funding, a | 2 | | prescriber and dispenser inquiry system shall be developed to | 3 | | assist the health care community in its goal of effective | 4 | | clinical practice and to prevent patients from diverting or | 5 | | abusing medications.
| 6 | | (1) An inquirer shall have read-only access to a | 7 | | stand-alone database which shall contain records for the | 8 | | previous 12 months. | 9 | | (2) Dispensers may, upon positive and secure | 10 | | identification, make an inquiry on a patient or customer | 11 | | solely for a medical purpose as delineated within the | 12 | | federal HIPAA law. | 13 | | (3) The Department of Financial and Professional | 14 | | Regulation shall provide a one-to-one secure link and | 15 | | encrypted software necessary to establish the link between | 16 | | an inquirer and the Department of Financial and | 17 | | Professional Regulation . Technical assistance shall also | 18 | | be provided. | 19 | | (4) Written inquiries are acceptable but must include | 20 | | the fee and the requestor's Drug Enforcement | 21 | | Administration license number and submitted upon the | 22 | | requestor's business stationery. | 23 | | (5) As directed by the Prescription Monitoring Program | 24 | | Advisory Committee and the Clinical Director for the | 25 | | Prescription Monitoring Program, aggregate data that does | 26 | | not indicate any prescriber, practitioner, dispenser, or |
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| 1 | | patient may be used for clinical studies. | 2 | | (6) Tracking analysis shall be established and used per | 3 | | administrative rule. | 4 | | (7) Nothing in this Act or Illinois law shall be | 5 | | construed to require a prescriber or dispenser to make use | 6 | | of this inquiry system.
| 7 | | (8) If there is an adverse outcome because of a | 8 | | prescriber or dispenser making an inquiry, which is | 9 | | initiated in good faith, the prescriber or dispenser shall | 10 | | be held harmless from any civil liability.
| 11 | | (k) The Department of Financial and Professional | 12 | | Regulation shall establish, by rule, the process by which to | 13 | | evaluate possible erroneous association of prescriptions to | 14 | | any licensed prescriber or end user of the Illinois | 15 | | 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 of Financial |
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| 1 | | and Professional Regulation . | 2 | | (o) Hospital emergency departments and freestanding | 3 | | healthcare facilities providing healthcare to walk-in patients | 4 | | may obtain, for the purpose of improving patient care, a unique | 5 | | identifier for each shift to utilize the PIL system. | 6 | | (p) The Prescription Monitoring Program shall | 7 | | automatically create a log-in to the inquiry system when a | 8 | | prescriber or dispenser obtains or renews his or her controlled | 9 | | substance license. The Department of Financial and | 10 | | Professional Regulation must provide the Prescription | 11 | | Monitoring Program with electronic access to the license | 12 | | information of a prescriber or dispenser to facilitate the | 13 | | creation of this profile. The Prescription Monitoring Program | 14 | | shall send the prescriber or dispenser information regarding | 15 | | the inquiry system, including instructions on how to log into | 16 | | the system, instructions on how to use the system to promote | 17 | | effective clinical practice, and opportunities for continuing | 18 | | education for the prescribing of controlled substances. The | 19 | | Prescription Monitoring Program shall also send to all enrolled | 20 | | prescribers, dispensers, and designees information regarding | 21 | | the unsolicited reports produced pursuant to Section 314.5 of | 22 | | this Act. | 23 | | (q) A prescriber or dispenser may authorize a designee to | 24 | | consult the inquiry system established by the Department of | 25 | | Financial and Professional Regulation under this subsection on | 26 | | his or her behalf, provided that all the following conditions |
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| 1 | | are met: | 2 | | (1) the designee so authorized is employed by the same | 3 | | hospital or health care system; is employed by the same | 4 | | professional practice; or is under contract with such | 5 | | practice, hospital, or health care system; | 6 | | (2) the prescriber or dispenser takes reasonable steps | 7 | | to ensure that such designee is sufficiently competent in | 8 | | the use of the inquiry system; | 9 | | (3) the prescriber or dispenser remains responsible | 10 | | for ensuring that access to the inquiry system by the | 11 | | designee is limited to authorized purposes and occurs in a | 12 | | manner that protects the confidentiality of the | 13 | | information obtained from the inquiry system, and remains | 14 | | responsible for any breach of confidentiality; and | 15 | | (4) the ultimate decision as to whether or not to | 16 | | prescribe or dispense a controlled substance remains with | 17 | | the prescriber or dispenser. | 18 | | The Prescription Monitoring Program shall send to | 19 | | registered designees information regarding the inquiry system, | 20 | | including instructions on how to log onto the system. | 21 | | (r) The Prescription Monitoring Program shall maintain an | 22 | | Internet website in conjunction with its prescriber and | 23 | | dispenser inquiry system. This website shall include, at a | 24 | | minimum, the following information: | 25 | | (1) current clinical guidelines developed by health | 26 | | care professional organizations on the prescribing of |
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| 1 | | opioids or other controlled substances as determined by the | 2 | | Advisory Committee; | 3 | | (2) accredited continuing education programs related | 4 | | to prescribing of controlled substances; | 5 | | (3) programs or information developed by health care | 6 | | professionals that may be used to assess patients or help | 7 | | ensure compliance with prescriptions; | 8 | | (4) updates from the Food and Drug Administration, the | 9 | | Centers for Disease Control and Prevention, and other | 10 | | public and private organizations which are relevant to | 11 | | prescribing; | 12 | | (5) relevant medical studies related to prescribing; | 13 | | (6) other information regarding the prescription of | 14 | | controlled substances; and | 15 | | (7) information regarding prescription drug disposal | 16 | | events, including take-back programs or other disposal | 17 | | options or events. | 18 | | The content of the Internet website shall be periodically | 19 | | reviewed by the Prescription Monitoring Program Advisory | 20 | | Committee as set forth in Section 320 and updated in accordance | 21 | | with the recommendation of the advisory committee. | 22 | | (s) The Prescription Monitoring Program shall regularly | 23 | | send electronic updates to the registered users of the Program. | 24 | | The Prescription Monitoring Program Advisory Committee shall | 25 | | review any communications sent to registered users and also | 26 | | make recommendations for communications as set forth in Section |
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| 1 | | 320. These updates shall include the following information: | 2 | | (1) opportunities for accredited continuing education | 3 | | programs related to prescribing of controlled substances; | 4 | | (2) current clinical guidelines developed by health | 5 | | care professional organizations on the prescribing of | 6 | | opioids or other drugs as determined by the Advisory | 7 | | Committee; | 8 | | (3) programs or information developed by health care | 9 | | professionals that may be used to assess patients or help | 10 | | ensure compliance with prescriptions; | 11 | | (4) updates from the Food and Drug Administration, the | 12 | | Centers for Disease Control and Prevention, and other | 13 | | public and private organizations which are relevant to | 14 | | prescribing; | 15 | | (5) relevant medical studies related to prescribing; | 16 | | (6) other information regarding prescribing of | 17 | | controlled substances; | 18 | | (7) information regarding prescription drug disposal | 19 | | events, including take-back programs or other disposal | 20 | | options or events; and | 21 | | (8) reminders that the Prescription Monitoring Program | 22 | | is a useful clinical tool. | 23 | | (Source: P.A. 99-480, eff. 9-9-15; 100-125, eff. 1-1-18; | 24 | | 100-1093, eff. 8-26-18.)
| 25 | | (720 ILCS 570/320)
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| 1 | | Sec. 320. Advisory committee.
| 2 | | (a) There is created a Prescription Monitoring Program | 3 | | Advisory Committee to
assist the Department of Financial and | 4 | | Professional Regulation Human Services in implementing the | 5 | | Prescription Monitoring Program created by this Article and to | 6 | | advise the Department Financial and Professional Regulation on | 7 | | the professional performance of prescribers and dispensers and | 8 | | other matters germane to the advisory committee's field of | 9 | | competence.
| 10 | | (b) The Prescription Monitoring Program Advisory Committee | 11 | | shall consist of 15 members appointed by the Clinical Director | 12 | | of the Prescription Monitoring Program composed of prescribers | 13 | | and dispensers licensed to practice medicine in his or her | 14 | | respective profession as follows: one family or primary care | 15 | | physician; one pain specialist physician; 4 other physicians, | 16 | | one of whom may be an ophthalmologist; 2 advanced practice | 17 | | registered nurses; one physician assistant; one optometrist; | 18 | | one dentist; one clinical representative from a statewide | 19 | | organization representing hospitals; and 3 pharmacists. The | 20 | | Advisory Committee members serving on August 26, 2018 (the | 21 | | effective date of Public Act 100-1093) shall continue to serve | 22 | | until January 1, 2019. Prescriber and dispenser nominations for | 23 | | membership on the Committee shall be submitted by their | 24 | | respective professional associations. If there are more | 25 | | nominees than membership positions for a prescriber or | 26 | | dispenser category, as provided in this subsection (b), the |
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| 1 | | Clinical Director of the Prescription Monitoring Program shall | 2 | | appoint a member or members for each profession as provided in | 3 | | this subsection (b), from the nominations to
serve on the | 4 | | advisory committee. At the first meeting of the Committee in | 5 | | 2019 members shall draw lots for initial terms and 6 members | 6 | | shall serve 3 years, 5 members shall serve 2 years, and 5 | 7 | | members shall serve one year. Thereafter, members shall serve | 8 | | 3-year terms. Members may serve more than one term but no more | 9 | | than 3 terms. The Clinical Director of the Prescription | 10 | | Monitoring Program may appoint a representative of an | 11 | | organization representing a profession required to be | 12 | | appointed. The Clinical Director of the Prescription | 13 | | Monitoring Program shall serve as the Secretary of the | 14 | | committee.
| 15 | | (c) The advisory committee may appoint a chairperson and | 16 | | other officers as it deems
appropriate.
| 17 | | (d) The members of the advisory committee shall receive no | 18 | | compensation for
their services as members of the advisory | 19 | | committee, unless appropriated by the General Assembly, but may | 20 | | be reimbursed for
their actual expenses incurred in serving on | 21 | | the advisory committee.
| 22 | | (e) The advisory committee shall: | 23 | | (1) provide a uniform approach to reviewing this Act in | 24 | | order to determine whether changes should be recommended to | 25 | | the General Assembly; | 26 | | (2) review current drug schedules in order to manage |
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| 1 | | changes to the administrative rules pertaining to the | 2 | | utilization of this Act; | 3 | | (3) review the following: current clinical guidelines | 4 | | developed by health care professional organizations on the | 5 | | prescribing of opioids or other controlled substances; | 6 | | accredited continuing education programs related to | 7 | | prescribing and dispensing; programs or information | 8 | | developed by health care professional organizations that | 9 | | may be used to assess patients or help ensure compliance | 10 | | with prescriptions; updates from the Food and Drug | 11 | | Administration, the Centers for Disease Control and | 12 | | Prevention, and other public and private organizations | 13 | | which are relevant to prescribing and dispensing; relevant | 14 | | medical studies; and other publications which involve the | 15 | | prescription of controlled substances; | 16 | | (4) make recommendations for inclusion of these | 17 | | materials or other studies which may be effective resources | 18 | | for prescribers and dispensers on the Internet website of | 19 | | the inquiry system established under Section 318; | 20 | | (5) semi-annually review the content of the Internet | 21 | | website of the inquiry system established pursuant to | 22 | | Section 318 to ensure this Internet website has the most | 23 | | current available information; | 24 | | (6) semi-annually review opportunities for federal | 25 | | grants and other forms of funding to support projects which | 26 | | will increase the number of pilot programs which integrate |
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| 1 | | the inquiry system with electronic health records; and | 2 | | (7) semi-annually review communication to be sent to | 3 | | all registered users of the inquiry system established | 4 | | pursuant to Section 318, including recommendations for | 5 | | relevant accredited continuing education and information | 6 | | regarding prescribing and dispensing. | 7 | | (f) The Advisory Committee shall select from its members 10 | 8 | | members of the Peer Review Committee composed of: | 9 | | (1) 3 physicians; | 10 | | (2) 3 pharmacists; | 11 | | (3) one dentist; | 12 | | (4) one advanced practice registered nurse; | 13 | | (4.5) (blank); | 14 | | (5) one physician assistant; and | 15 | | (6) one optometrist. | 16 | | The purpose of the Peer Review Committee is to establish a | 17 | | formal peer review of professional performance of prescribers | 18 | | and dispensers. The deliberations, information, and | 19 | | communications of the Peer Review Committee are privileged and | 20 | | confidential and shall not be disclosed in any manner except in | 21 | | accordance with current law. | 22 | | (1) The Peer Review Committee shall periodically | 23 | | review the data contained within the prescription | 24 | | monitoring program to identify those prescribers or | 25 | | dispensers who may be prescribing or dispensing outside the | 26 | | currently accepted standard and practice of their |
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| 1 | | profession. The Peer Review Committee member, whose | 2 | | profession is the same as the prescriber or dispenser being | 3 | | reviewed, shall prepare a preliminary report and | 4 | | recommendation for any non-action or action. The | 5 | | Prescription Monitoring Program Clinical Director and | 6 | | staff shall provide the necessary assistance and data as | 7 | | required. | 8 | | (2) The Peer Review Committee may identify prescribers | 9 | | or dispensers who may be prescribing outside the currently | 10 | | accepted medical standards in the course of their | 11 | | professional practice and send the identified prescriber | 12 | | or dispenser a request for information regarding their | 13 | | prescribing or dispensing practices. This request for | 14 | | information shall be sent via certified mail, return | 15 | | receipt requested. A prescriber or dispenser shall have 30 | 16 | | days to respond to the request for information. | 17 | | (3) The Peer Review Committee shall refer a prescriber | 18 | | or a dispenser to the Department of Financial and | 19 | | Professional Regulation in the following situations: | 20 | | (i) if a prescriber or dispenser does not respond | 21 | | to three successive requests for information; | 22 | | (ii) in the opinion of a majority of members of the | 23 | | Peer Review Committee, the prescriber or dispenser | 24 | | does not have a satisfactory explanation for the | 25 | | practices identified by the Peer Review Committee in | 26 | | its request for information; or |
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| 1 | | (iii) following communications with the Peer | 2 | | Review Committee, the prescriber or dispenser does not | 3 | | sufficiently rectify the practices identified in the | 4 | | request for information in the opinion of a majority of | 5 | | the members of the Peer Review Committee. | 6 | | (4) The Department of Financial and Professional | 7 | | Regulation may initiate an investigation and discipline in | 8 | | accordance with current laws and rules for any prescriber | 9 | | or dispenser referred by the Peer Review Committee. | 10 | | (5) The Peer Review Committee shall prepare an annual | 11 | | report starting on July 1, 2017. This report shall contain | 12 | | the following information: the number of times the Peer | 13 | | Review Committee was convened; the number of prescribers or | 14 | | dispensers who were reviewed by the Peer Review Committee; | 15 | | the number of requests for information sent out by the Peer | 16 | | Review Committee; and the number of prescribers or | 17 | | dispensers referred to the Department of Financial and | 18 | | Professional Regulation. The annual report shall be | 19 | | delivered electronically to the Department of Financial | 20 | | and Professional Regulation and to the General Assembly. | 21 | | The report to the General Assembly shall be filed with the | 22 | | Clerk of the House of Representatives and the Secretary of | 23 | | the Senate in electronic form only, in the manner that the | 24 | | Clerk and the Secretary shall direct. The report prepared | 25 | | by the Peer Review Committee shall not identify any | 26 | | prescriber, dispenser, or patient. |
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| 1 | | (Source: P.A. 100-513, eff. 1-1-18; 100-861, eff. 8-14-18; | 2 | | 100-1093, eff. 8-26-18;101-81, eff. 7-12-19; 101-414, eff. | 3 | | 8-16-19.)
| 4 | | (720 ILCS 570/507.2) | 5 | | Sec. 507.2. Rulemaking authority. The Department of | 6 | | Financial and Professional Regulation Human Services is | 7 | | granted rulemaking authority concerning implementation, | 8 | | maintenance, and compliance with the Prescription Monitoring | 9 | | Program. | 10 | | The rules of the Department of Human Services that are in | 11 | | effect on the effective date of this amendatory Act of the | 12 | | 101st General Assembly and that pertain to the rights, powers, | 13 | | duties, and functions transferred to the Department of | 14 | | Financial and Professional Regulation under this amendatory | 15 | | Act of the 101st General Assembly shall become the rules of the | 16 | | Department of Financial and Professional Regulation on the | 17 | | effective date of this amendatory Act of the 101st General | 18 | | Assembly and shall continue in effect until amended or repealed | 19 | | by the Department of Financial and Professional Regulation. | 20 | | Any rules pertaining to the rights, powers, duties, and | 21 | | functions transferred to the Department of Financial and | 22 | | Professional Regulation under this amendatory Act of the 101st | 23 | | General Assembly that have been proposed by the Department of | 24 | | Human Services but have not taken effect or been finally | 25 | | adopted by the effective date of this amendatory Act of the |
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| 1 | | 101st General Assembly shall become proposed rules of the | 2 | | Department of Financial and Professional Regulation on the | 3 | | effective date of this amendatory Act of the 101st General | 4 | | Assembly, and any rulemaking procedures that have already been | 5 | | completed by the Department of Human Services for those | 6 | | proposed rules need not be repealed. | 7 | | As soon as practical after the effective date of this | 8 | | amendatory Act of the 101st General Assembly, the Department of | 9 | | Financial and Professional Regulation shall revise and clarify | 10 | | the rules transferred to it under this amendatory Act of the | 11 | | 101st General Assembly to reflect the transfer of rights, | 12 | | powers, duties, and functions effected by this amendatory Act | 13 | | of the 101st General Assembly using the procedures for | 14 | | recodification of rules available under the Illinois | 15 | | Administrative Procedure Act, except that existing title, | 16 | | part, and section numbering for the affected rules may be | 17 | | retained. The Department of Financial and Professional | 18 | | Regulation may propose and adopt under the Illinois | 19 | | Administrative Procedure Act any other rules necessary to | 20 | | consolidate and clarify those rules.
| 21 | | (Source: P.A. 97-334, eff. 1-1-12.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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