Full Text of SB3024 102nd General Assembly
SB3024sam001 102ND GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 2/15/2022
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| 1 | | AMENDMENT TO SENATE BILL 3024
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3024 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 318 as follows:
| 6 | | (720 ILCS 570/318)
| 7 | | Sec. 318. Confidentiality of information.
| 8 | | (a) Information received by the central repository under | 9 | | Section 316 and former Section 321
is confidential.
| 10 | | (a-1) To ensure the federal Health Insurance Portability | 11 | | and Accountability Act and confidentiality of substance use | 12 | | disorder patient records rules that mandate the privacy of an | 13 | | individual's prescription data reported to the Prescription | 14 | | Monitoring Program received from a retail dispenser under this | 15 | | Act, and in order to execute the duties and responsibilities | 16 | | under Section 316 of this Act and rules for disclosure under |
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| 1 | | this Section, the Clinical Director of the Prescription | 2 | | Monitoring Program or his or her designee shall maintain | 3 | | direct access to all Prescription Monitoring Program data. Any | 4 | | request for Prescription Monitoring Program data from any | 5 | | other department or agency must be approved in writing by the | 6 | | Clinical Director of the Prescription Monitoring Program or | 7 | | his or her designee unless otherwise permitted by law. | 8 | | Prescription Monitoring Program data shall only be disclosed | 9 | | 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 | 13 | | Prescription Monitoring Program and the Department of Public | 14 | | Health shall coordinate a continuous review of the | 15 | | Prescription Monitoring Program and the Department of Public | 16 | | Health data to determine if a patient may be at risk of opioid | 17 | | addiction. Each patient discharged from any medical facility | 18 | | with an International Classification of Disease, 10th edition | 19 | | code related to a sport or accident injury shall be subject to | 20 | | the data review. If the discharged patient is dispensed a | 21 | | controlled substance, the Prescription Monitoring Program | 22 | | shall alert the patient's prescriber as to the addiction risk | 23 | | and urge each to follow the Centers for Disease Control and | 24 | | Prevention guidelines or his or her respective profession's | 25 | | treatment guidelines related to the patient's injury. This | 26 | | subsection (a-2), other than this sentence, is inoperative on |
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| 1 | | or after January 1, 2024. | 2 | | (b) The Department must carry out a program to protect the
| 3 | | confidentiality of the information described in subsection | 4 | | (a). The Department
may
disclose the information to another | 5 | | person only under
subsection (c), (d), or (f) and may charge a | 6 | | fee not to exceed the actual cost
of
furnishing the
| 7 | | information.
| 8 | | (c) The Department may disclose confidential information | 9 | | described
in subsection (a) to any person who is engaged in | 10 | | receiving, processing, or
storing the information.
| 11 | | (d) The Department may release confidential information | 12 | | described
in subsection (a) to the following persons:
| 13 | | (1) A governing body
that licenses practitioners and | 14 | | is engaged in an investigation, an
adjudication,
or a | 15 | | prosecution of a violation under any State or federal law | 16 | | that involves a
controlled substance.
| 17 | | (2) An investigator for the Consumer Protection | 18 | | Division of the office of
the Attorney General, a | 19 | | prosecuting attorney, the Attorney General, a deputy
| 20 | | Attorney General, or an investigator from the office of | 21 | | the Attorney General,
who is engaged in any of the | 22 | | following activities involving controlled
substances:
| 23 | | (A) an investigation;
| 24 | | (B) an adjudication; or
| 25 | | (C) a prosecution
of a violation under any State | 26 | | or federal law that involves a controlled
substance.
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| 1 | | (3) A law enforcement officer who is:
| 2 | | (A) authorized by the Illinois State Police or the | 3 | | office of a county sheriff or State's Attorney or
| 4 | | municipal police department of Illinois to receive
| 5 | | information
of the type requested for the purpose of | 6 | | investigations involving controlled
substances; or
| 7 | | (B) approved by the Department to receive | 8 | | information of the
type requested for the purpose of | 9 | | investigations involving controlled
substances; and
| 10 | | (C) engaged in the investigation or prosecution of | 11 | | a violation
under
any State or federal law that | 12 | | involves a controlled substance.
| 13 | | (4) Select representatives of the Department of | 14 | | Children and Family Services through the indirect online | 15 | | request process. Access shall be established by an | 16 | | intergovernmental agreement between the Department of | 17 | | Children and Family Services and the Department of Human | 18 | | Services. | 19 | | (e) Before the Department releases confidential | 20 | | information under
subsection (d), the applicant must | 21 | | demonstrate in writing to the Department that:
| 22 | | (1) the applicant has reason to believe that a | 23 | | violation under any
State or
federal law that involves a | 24 | | controlled substance has occurred; and
| 25 | | (2) the requested information is reasonably related to | 26 | | the investigation,
adjudication, or prosecution of the |
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| 1 | | violation described in subdivision (1).
| 2 | | (f) The Department may receive and release prescription | 3 | | record information under Section 316 and former Section 321 | 4 | | to:
| 5 | | (1) a governing
body that licenses practitioners;
| 6 | | (2) an investigator for the Consumer Protection | 7 | | Division of the office of
the Attorney General, a | 8 | | prosecuting attorney, the Attorney General, a deputy
| 9 | | Attorney General, or an investigator from the office of | 10 | | the Attorney General;
| 11 | | (3) any Illinois law enforcement officer who is:
| 12 | | (A) authorized to receive the type of
information | 13 | | released; and
| 14 | | (B) approved by the Department to receive the type | 15 | | of
information released; or
| 16 | | (4) prescription monitoring entities in other states | 17 | | per the provisions outlined in subsection (g) and (h) | 18 | | below;
| 19 | | confidential prescription record information collected under | 20 | | Sections 316 and 321 (now repealed) that identifies vendors or
| 21 | | practitioners, or both, who are prescribing or dispensing | 22 | | large quantities of
Schedule II, III, IV, or V controlled
| 23 | | substances outside the scope of their practice, pharmacy, or | 24 | | business, as determined by the Advisory Committee created by | 25 | | Section 320.
| 26 | | (f-5) In accordance with a confidentiality agreement |
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| 1 | | entered into with the Department, a medical director, or a | 2 | | public health administrator and their delegated analysts, of a | 3 | | county or municipal health department or the Department of | 4 | | Public Health shall have access to data from the system for any | 5 | | of the following purposes: | 6 | | (1) developing education programs or public health | 7 | | interventions relating to prescribing trends and | 8 | | controlled substance use; or | 9 | | (2) conducting analyses and publish reports on | 10 | | prescribing trends in their respective jurisdictions. | 11 | | At a minimum, the confidentiality agreement entered into | 12 | | with the Department shall: | 13 | | (i) prohibit analysis and reports produced under | 14 | | subparagraph (2) from including information that | 15 | | identifies, by name, license, or address, any | 16 | | practitioner, dispenser, ultimate user, or other person | 17 | | administering a controlled substance; and | 18 | | (ii) specify the appropriate technical and physical | 19 | | safeguards that the county or municipal health department | 20 | | must implement to ensure the privacy and security of data | 21 | | obtained from the system. The data from the system shall | 22 | | not be admissible as evidence, nor discoverable in any | 23 | | action of any kind in any court or before any tribunal, | 24 | | board, agency, or person. The disclosure of any such | 25 | | information or data, whether proper or improper, shall not | 26 | | waive or have any effect upon its confidentiality, |
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| 1 | | non-discoverability, or non-admissibility. | 2 | | (g) The information described in subsection (f) may not be | 3 | | released until it
has been reviewed by an employee of the | 4 | | Department who is licensed as a
prescriber or a dispenser
and | 5 | | until that employee has certified
that further investigation | 6 | | is warranted. However, failure to comply with this
subsection | 7 | | (g) does not invalidate the use of any evidence that is | 8 | | otherwise
admissible in a proceeding described in subsection | 9 | | (h).
| 10 | | (h) An investigator or a law enforcement officer receiving | 11 | | confidential
information under subsection (c), (d), or (f) may | 12 | | disclose the information to a
law enforcement officer or an | 13 | | attorney for the office of the Attorney General
for use as | 14 | | evidence in the following:
| 15 | | (1) A proceeding under any State or federal law that | 16 | | involves a
controlled substance.
| 17 | | (2) A criminal proceeding or a proceeding in juvenile | 18 | | court that involves
a controlled substance.
| 19 | | (i) The Department may compile statistical reports from | 20 | | the
information described in subsection (a). The reports must | 21 | | not include
information that identifies, by name, license or | 22 | | address, any practitioner, dispenser, ultimate user, or other | 23 | | person
administering a controlled substance.
| 24 | | (j) Based upon federal, initial and maintenance funding, a | 25 | | prescriber and dispenser inquiry system shall be developed to | 26 | | assist the health care community in its goal of effective |
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| 1 | | clinical practice and to prevent patients from diverting or | 2 | | abusing medications.
| 3 | | (1) An inquirer shall have read-only access to a | 4 | | stand-alone database which shall contain records for the | 5 | | previous 12 months. | 6 | | (2) Dispensers may, upon positive and secure | 7 | | identification, make an inquiry on a patient or customer | 8 | | solely for a medical purpose as delineated within the | 9 | | federal HIPAA law. | 10 | | (3) The Department shall provide a one-to-one secure | 11 | | link and encrypted software necessary to establish the | 12 | | link between an inquirer and the Department. Technical | 13 | | assistance shall also be provided. | 14 | | (4) Written inquiries are acceptable but must include | 15 | | the fee and the requester's requestor's Drug Enforcement | 16 | | Administration license number and submitted upon the | 17 | | requester's requestor's business stationery. | 18 | | (5) As directed by the Prescription Monitoring Program | 19 | | Advisory Committee and the Clinical Director for the | 20 | | Prescription Monitoring Program, aggregate data that does | 21 | | not indicate any prescriber, practitioner, dispenser, or | 22 | | patient may be used for clinical studies. | 23 | | (6) Tracking analysis shall be established and used | 24 | | per administrative rule. | 25 | | (7) Nothing in this Act or Illinois law shall be | 26 | | construed to require a prescriber or dispenser to make use |
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| 1 | | of this inquiry system.
| 2 | | (8) If there is an adverse outcome because of a | 3 | | prescriber or dispenser making an inquiry, which is | 4 | | initiated in good faith, the prescriber or dispenser shall | 5 | | be held harmless from any civil liability.
| 6 | | (k) The Department shall establish, by rule, the process | 7 | | by which to evaluate possible erroneous association of | 8 | | prescriptions to any licensed prescriber or end user of the | 9 | | Illinois Prescription Information Library (PIL). | 10 | | (l) The Prescription Monitoring Program Advisory Committee | 11 | | is authorized to evaluate the need for and method of | 12 | | establishing a patient specific identifier. | 13 | | (m) Patients who identify prescriptions attributed to them | 14 | | that were not obtained by them shall be given access to their | 15 | | personal prescription history pursuant to the validation | 16 | | process as set forth by administrative rule. | 17 | | (n) The Prescription Monitoring Program is authorized to | 18 | | develop operational push reports to entities with compatible | 19 | | electronic medical records. The process shall be covered | 20 | | within administrative rule established by the Department. | 21 | | (o) Hospital emergency departments and freestanding | 22 | | healthcare facilities providing healthcare to walk-in patients | 23 | | may obtain, for the purpose of improving patient care, a | 24 | | unique identifier for each shift to utilize the PIL system. | 25 | | (p) The Prescription Monitoring Program shall | 26 | | automatically create a log-in to the inquiry system when a |
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| 1 | | prescriber or dispenser obtains or renews his or her | 2 | | controlled substance license. The Department of Financial and | 3 | | Professional Regulation must provide the Prescription | 4 | | Monitoring Program with electronic access to the license | 5 | | information of a prescriber or dispenser to facilitate the | 6 | | creation of this profile. The Prescription Monitoring Program | 7 | | shall send the prescriber or dispenser information regarding | 8 | | the inquiry system, including instructions on how to log into | 9 | | the system, instructions on how to use the system to promote | 10 | | effective clinical practice, and opportunities for continuing | 11 | | education for the prescribing of controlled substances. The | 12 | | Prescription Monitoring Program shall also send to all | 13 | | enrolled prescribers, dispensers, and designees information | 14 | | regarding the unsolicited reports produced pursuant to Section | 15 | | 314.5 of this Act. | 16 | | (q) A prescriber or dispenser may authorize a designee to | 17 | | consult the inquiry system established by the Department under | 18 | | this subsection on his or her behalf, provided that all the | 19 | | following conditions are met: | 20 | | (1) the designee so authorized is employed by the same | 21 | | hospital or health care system; is employed by the same | 22 | | professional practice; or is under contract with such | 23 | | practice, hospital, or health care system; | 24 | | (2) the prescriber or dispenser takes reasonable steps | 25 | | to ensure that such designee is sufficiently competent in | 26 | | the use of the inquiry system; |
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| 1 | | (3) the prescriber or dispenser remains responsible | 2 | | for ensuring that access to the inquiry system by the | 3 | | designee is limited to authorized purposes and occurs in a | 4 | | manner that protects the confidentiality of the | 5 | | information obtained from the inquiry system, and remains | 6 | | responsible for any breach of confidentiality; and | 7 | | (4) the ultimate decision as to whether or not to | 8 | | prescribe or dispense a controlled substance remains with | 9 | | the prescriber or dispenser. | 10 | | The Prescription Monitoring Program shall send to | 11 | | registered designees information regarding the inquiry system, | 12 | | including instructions on how to log onto the system. | 13 | | (r) The Prescription Monitoring Program shall maintain an | 14 | | Internet website in conjunction with its prescriber and | 15 | | dispenser inquiry system. This website shall include, at a | 16 | | minimum, the following information: | 17 | | (1) current clinical guidelines developed by health | 18 | | care professional organizations on the prescribing of | 19 | | opioids or other controlled substances as determined by | 20 | | the Advisory Committee; | 21 | | (2) accredited continuing education programs related | 22 | | to prescribing of controlled substances; | 23 | | (3) programs or information developed by health care | 24 | | professionals that may be used to assess patients or help | 25 | | ensure compliance with prescriptions; | 26 | | (4) updates from the Food and Drug Administration, the |
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| 1 | | Centers for Disease Control and Prevention, and other | 2 | | public and private organizations which are relevant to | 3 | | prescribing; | 4 | | (5) relevant medical studies related to prescribing; | 5 | | (6) other information regarding the prescription of | 6 | | controlled substances; and | 7 | | (7) information regarding prescription drug disposal | 8 | | events, including take-back programs or other disposal | 9 | | options or events. | 10 | | The content of the Internet website shall be periodically | 11 | | reviewed by the Prescription Monitoring Program Advisory | 12 | | Committee as set forth in Section 320 and updated in | 13 | | accordance with the recommendation of the advisory committee. | 14 | | (s) The Prescription Monitoring Program shall regularly | 15 | | send electronic updates to the registered users of the | 16 | | Program. The Prescription Monitoring Program Advisory | 17 | | Committee shall review any communications sent to registered | 18 | | users and also make recommendations for communications as set | 19 | | forth in Section 320. These updates shall include the | 20 | | following information: | 21 | | (1) opportunities for accredited continuing education | 22 | | programs related to prescribing of controlled substances; | 23 | | (2) current clinical guidelines developed by health | 24 | | care professional organizations on the prescribing of | 25 | | opioids or other drugs as determined by the Advisory | 26 | | Committee; |
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| 1 | | (3) programs or information developed by health care | 2 | | professionals that may be used to assess patients or help | 3 | | ensure compliance with prescriptions; | 4 | | (4) updates from the Food and Drug Administration, the | 5 | | Centers for Disease Control and Prevention, and other | 6 | | public and private organizations which are relevant to | 7 | | prescribing; | 8 | | (5) relevant medical studies related to prescribing; | 9 | | (6) other information regarding prescribing of | 10 | | controlled substances; | 11 | | (7) information regarding prescription drug disposal | 12 | | events, including take-back programs or other disposal | 13 | | options or events; and | 14 | | (8) reminders that the Prescription Monitoring Program | 15 | | is a useful clinical tool. | 16 | | (t) Notwithstanding any other provision of this Act, | 17 | | neither the Prescription Monitoring Program nor any other | 18 | | person shall disclose any information in violation of the | 19 | | restrictions and requirements of paragraph (3.5) of subsection | 20 | | (a) of Section 316 as implemented under Public Act 102-527. | 21 | | (Source: P.A. 99-480, eff. 9-9-15; 100-125, eff. 1-1-18; | 22 | | 100-1093, eff. 8-26-18.)".
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