Full Text of SB0411 101st General Assembly
SB0411sam001 101ST GENERAL ASSEMBLY | Sen. Thomas Cullerton Filed: 3/11/2019
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| 1 | | AMENDMENT TO SENATE BILL 411
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 411 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Controlled Substances Act is | 5 | | amended by changing Section 314.5 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 |
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| 1 | | substance or prescription for a controlled substance is sought. | 2 | | (b) It shall be unlawful for a person knowingly or | 3 | | intentionally to fraudulently obtain or fraudulently seek to | 4 | | obtain any controlled substance from a pharmacy while being | 5 | | supplied with any controlled substance by another pharmacy, | 6 | | without disclosing the fact of the existing controlled | 7 | | substance to the pharmacy from which the subsequent controlled | 8 | | substance is sought. | 9 | | (c) A person may be in violation of Section 3.23 of the | 10 | | Illinois Food, Drug and Cosmetic Act or Section 406 of this Act | 11 | | when medication shopping or pharmacy shopping, or both. | 12 | | (c-5) Effective January 1, 2018, each prescriber | 13 | | possessing an Illinois controlled substances license shall | 14 | | register with the Prescription Monitoring Program. Each | 15 | | prescriber or his or her designee shall also document an | 16 | | attempt to access patient information in the Prescription | 17 | | Monitoring Program to assess patient access to controlled | 18 | | substances when providing an initial prescription or | 19 | | prescription refill for Schedule II narcotics such as opioids, | 20 | | except for prescriptions for oncology treatment or palliative | 21 | | care, or a 7-day or less supply provided by a hospital | 22 | | emergency department when treating an acute, traumatic medical | 23 | | condition. This attempt to access shall be documented in the | 24 | | patient's medical record. The hospital shall facilitate the | 25 | | designation of a prescriber's designee for the purpose of | 26 | | accessing the Prescription Monitoring Program for services |
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| 1 | | provided at the hospital. | 2 | | (d) When a person has been identified as having 2 3 or more | 3 | | prescribers or 2 3 or more pharmacies, or both, that do not | 4 | | utilize a common electronic file as specified in Section 20 of | 5 | | the Pharmacy Practice Act for controlled substances within the | 6 | | course of a continuous 30-day period, the Prescription | 7 | | Monitoring Program shall may issue an unsolicited report to the | 8 | | prescribers, dispensers, and their designees informing them of | 9 | | the potential medication shopping. If an unsolicited report is | 10 | | issued to a prescriber or prescribers, then the
report must | 11 | | also be sent to the applicable dispensing pharmacy. | 12 | | (e) Nothing in this Section shall be construed to create a | 13 | | requirement that any prescriber, dispenser, or pharmacist | 14 | | request any patient medication disclosure, report any patient | 15 | | activity, or prescribe or refuse to prescribe or dispense any | 16 | | medications. | 17 | | (f) This Section shall not be construed to apply to | 18 | | inpatients or residents at hospitals or other institutions or | 19 | | to institutional pharmacies.
| 20 | | (g) Any patient feedback, including grades, ratings, or | 21 | | written or verbal statements, in opposition to a clinical | 22 | | decision that the prescription of a controlled substance is not | 23 | | medically necessary shall not be the basis of any adverse | 24 | | action, evaluation, or any other type of negative | 25 | | credentialing, contracting, licensure, or employment action | 26 | | taken against a prescriber or dispenser. |
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| 1 | | (Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)".
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