State of Illinois
2021 and 2022


Introduced 2/8/2021, by Rep. La Shawn K. Ford


720 ILCS 570/316

    Amends the Illinois Controlled Substances Act. Provides that the requirements for transmitting information to the central repository under the Prescription Monitoring Program also apply to opioid treatment programs that prescribe Schedule II, III, IV, or V controlled substances for the treatment of opioid use disorder.

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1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Controlled Substances Act is
5amended by changing Section 316 as follows:
6    (720 ILCS 570/316)
7    Sec. 316. Prescription Monitoring Program.
8    (a) The Department must provide for a Prescription
9Monitoring Program for Schedule II, III, IV, and V controlled
10substances that includes the following components and
12        (1) The dispenser must transmit to the central
13    repository, in a form and manner specified by the
14    Department, the following information:
15            (A) The recipient's name and address.
16            (B) The recipient's date of birth and gender.
17            (C) The national drug code number of the
18        controlled substance dispensed.
19            (D) The date the controlled substance is
20        dispensed.
21            (E) The quantity of the controlled substance
22        dispensed and days supply.
23            (F) The dispenser's United States Drug Enforcement



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1        Administration registration number.
2            (G) The prescriber's United States Drug
3        Enforcement Administration registration number.
4            (H) The dates the controlled substance
5        prescription is filled.
6            (I) The payment type used to purchase the
7        controlled substance (i.e. Medicaid, cash, third party
8        insurance).
9            (J) The patient location code (i.e. home, nursing
10        home, outpatient, etc.) for the controlled substances
11        other than those filled at a retail pharmacy.
12            (K) Any additional information that may be
13        required by the department by administrative rule,
14        including but not limited to information required for
15        compliance with the criteria for electronic reporting
16        of the American Society for Automation and Pharmacy or
17        its successor.
18        (2) The information required to be transmitted under
19    this Section must be transmitted not later than the end of
20    the next business day after the date on which a controlled
21    substance is dispensed, or at such other time as may be
22    required by the Department by administrative rule.
23        (3) A dispenser must transmit the information required
24    under this Section by:
25            (A) an electronic device compatible with the
26        receiving device of the central repository;



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1            (B) a computer diskette;
2            (C) a magnetic tape; or
3            (D) a pharmacy universal claim form or Pharmacy
4        Inventory Control form.
5        (3.5) The requirements of paragraphs (1), (2), and (3)
6    of this subsection (a) also apply to opioid treatment
7    programs that prescribe Schedule II, III, IV, or V
8    controlled substances for the treatment of opioid use
9    disorder.
10        (4) The Department may impose a civil fine of up to
11    $100 per day for willful failure to report controlled
12    substance dispensing to the Prescription Monitoring
13    Program. The fine shall be calculated on no more than the
14    number of days from the time the report was required to be
15    made until the time the problem was resolved, and shall be
16    payable to the Prescription Monitoring Program.
17    (a-5) Notwithstanding subsection (a), a licensed
18veterinarian is exempt from the reporting requirements of this
19Section. If a person who is presenting an animal for treatment
20is suspected of fraudulently obtaining any controlled
21substance or prescription for a controlled substance, the
22licensed veterinarian shall report that information to the
23local law enforcement agency.
24    (b) The Department, by rule, may include in the
25Prescription Monitoring Program certain other select drugs
26that are not included in Schedule II, III, IV, or V. The



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1Prescription Monitoring Program does not apply to controlled
2substance prescriptions as exempted under Section 313.
3    (c) The collection of data on select drugs and scheduled
4substances by the Prescription Monitoring Program may be used
5as a tool for addressing oversight requirements of long-term
6care institutions as set forth by Public Act 96-1372.
7Long-term care pharmacies shall transmit patient medication
8profiles to the Prescription Monitoring Program monthly or
9more frequently as established by administrative rule.
10    (d) The Department of Human Services shall appoint a
11full-time Clinical Director of the Prescription Monitoring
13    (e) (Blank).
14    (f) Within one year of January 1, 2018 (the effective date
15of Public Act 100-564), the Department shall adopt rules
16requiring all Electronic Health Records Systems to interface
17with the Prescription Monitoring Program application program
18on or before January 1, 2021 to ensure that all providers have
19access to specific patient records during the treatment of
20their patients. These rules shall also address the electronic
21integration of pharmacy records with the Prescription
22Monitoring Program to allow for faster transmission of the
23information required under this Section. The Department shall
24establish actions to be taken if a prescriber's Electronic
25Health Records System does not effectively interface with the
26Prescription Monitoring Program within the required timeline.



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1    (g) The Department, in consultation with the Advisory
2Committee, shall adopt rules allowing licensed prescribers or
3pharmacists who have registered to access the Prescription
4Monitoring Program to authorize a licensed or non-licensed
5designee employed in that licensed prescriber's office or a
6licensed designee in a licensed pharmacist's pharmacy who has
7received training in the federal Health Insurance Portability
8and Accountability Act to consult the Prescription Monitoring
9Program on their behalf. The rules shall include reasonable
10parameters concerning a practitioner's authority to authorize
11a designee, and the eligibility of a person to be selected as a
12designee. In this subsection (g), "pharmacist" shall include a
13clinical pharmacist employed by and designated by a Medicaid
14Managed Care Organization providing services under Article V
15of the Illinois Public Aid Code under a contract with the
16Department of Healthcare and Family Services for the sole
17purpose of clinical review of services provided to persons
18covered by the entity under the contract to determine
19compliance with subsections (a) and (b) of Section 314.5 of
20this Act. A managed care entity pharmacist shall notify
21prescribers of review activities.
22(Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18;
23100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff.
247-12-19; 101-414, eff. 8-16-19.)