Rep. La Shawn K. Ford

Filed: 3/5/2021





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2    AMENDMENT NO. ______. Amend House Bill 601 by replacing
3everything after the enacting clause with the following:
4    "Section 5. Findings. The General Assembly finds that:
5        (1) Prior to August of 2020, the federal Substance
6    Abuse and Mental Health Services Administration (SAMHSA)
7    and the federal Confidentiality of Substance Use Disorder
8    Patient Records set forth at 42 CFR 2, prohibited the
9    sharing of substance use disorder treatment information by
10    opioid treatment programs with prescription monitoring
11    programs.
12        (2) In August 2020, SAMHSA amended 42 CFR 2 to permit
13    the sharing of substance use disorder treatment
14    information by opioid treatment programs with prescription
15    monitoring programs.
16        (3) In light of the federal modification to 42 CFR 2
17    and the protections available under federal and State law



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1    and the express requirement of patient consent, the
2    reporting by opioid treatment programs to the prescription
3    monitoring program is permitted and will allow for better
4    coordination of care among treating providers.
5    Section 10. The Illinois Controlled Substances Act is
6amended by changing Section 316 as follows:
7    (720 ILCS 570/316)
8    Sec. 316. Prescription Monitoring Program.
9    (a) The Department must provide for a Prescription
10Monitoring Program for Schedule II, III, IV, and V controlled
11substances that includes the following components and
13        (1) The dispenser must transmit to the central
14    repository, in a form and manner specified by the
15    Department, the following information:
16            (A) The recipient's name and address.
17            (B) The recipient's date of birth and gender.
18            (C) The national drug code number of the
19        controlled substance dispensed.
20            (D) The date the controlled substance is
21        dispensed.
22            (E) The quantity of the controlled substance
23        dispensed and days supply.
24            (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 also apply to opioid treatment programs
7    that are licensed or certified by the Department of Human
8    Services's Division of Substance Use Prevention and
9    Recovery and are authorized by the federal Drug
10    Enforcement Administration to prescribe Schedule II, III,
11    IV, or V controlled substances for the treatment of opioid
12    use disorders. Opioid treatment programs shall attempt to
13    obtain written patient consent, shall document attempts to
14    obtain the written consent, and shall not transmit
15    information without patient consent. Documentation
16    obtained under this paragraph shall not be utilized for
17    law enforcement purposes, as proscribed under 42 CFR 2, as
18    amended by 42 U.S.C. 290dd-2. Treatment of a patient shall
19    not be conditioned upon his or her written consent.
20        (4) The Department may impose a civil fine of up to
21    $100 per day for willful failure to report controlled
22    substance dispensing to the Prescription Monitoring
23    Program. The fine shall be calculated on no more than the
24    number of days from the time the report was required to be
25    made until the time the problem was resolved, and shall be
26    payable to the Prescription Monitoring Program.



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1    (a-5) Notwithstanding subsection (a), a licensed
2veterinarian is exempt from the reporting requirements of this
3Section. If a person who is presenting an animal for treatment
4is suspected of fraudulently obtaining any controlled
5substance or prescription for a controlled substance, the
6licensed veterinarian shall report that information to the
7local law enforcement agency.
8    (b) The Department, by rule, may include in the
9Prescription Monitoring Program certain other select drugs
10that are not included in Schedule II, III, IV, or V. The
11Prescription Monitoring Program does not apply to controlled
12substance prescriptions as exempted under Section 313.
13    (c) The collection of data on select drugs and scheduled
14substances by the Prescription Monitoring Program may be used
15as a tool for addressing oversight requirements of long-term
16care institutions as set forth by Public Act 96-1372.
17Long-term care pharmacies shall transmit patient medication
18profiles to the Prescription Monitoring Program monthly or
19more frequently as established by administrative rule.
20    (d) The Department of Human Services shall appoint a
21full-time Clinical Director of the Prescription Monitoring
23    (e) (Blank).
24    (f) Within one year of January 1, 2018 (the effective date
25of Public Act 100-564), the Department shall adopt rules
26requiring all Electronic Health Records Systems to interface



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1with the Prescription Monitoring Program application program
2on or before January 1, 2021 to ensure that all providers have
3access to specific patient records during the treatment of
4their patients. These rules shall also address the electronic
5integration of pharmacy records with the Prescription
6Monitoring Program to allow for faster transmission of the
7information required under this Section. The Department shall
8establish actions to be taken if a prescriber's Electronic
9Health Records System does not effectively interface with the
10Prescription Monitoring Program within the required timeline.
11    (g) The Department, in consultation with the Prescription
12Monitoring Program Advisory Committee, shall adopt rules
13allowing licensed prescribers or pharmacists who have
14registered to access the Prescription Monitoring Program to
15authorize a licensed or non-licensed designee employed in that
16licensed prescriber's office or a licensed designee in a
17licensed pharmacist's pharmacy who has received training in
18the federal Health Insurance Portability and Accountability
19Act and 42 CFR 2 to consult the Prescription Monitoring
20Program on their behalf. The rules shall include reasonable
21parameters concerning a practitioner's authority to authorize
22a designee, and the eligibility of a person to be selected as a
23designee. In this subsection (g), "pharmacist" shall include a
24clinical pharmacist employed by and designated by a Medicaid
25Managed Care Organization providing services under Article V
26of the Illinois Public Aid Code under a contract with the



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1Department of Healthcare and Family Services for the sole
2purpose of clinical review of services provided to persons
3covered by the entity under the contract to determine
4compliance with subsections (a) and (b) of Section 314.5 of
5this Act. A managed care entity pharmacist shall notify
6prescribers of review activities.
7(Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18;
8100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff.
97-12-19; 101-414, eff. 8-16-19.)".