Full Text of HB0163 101st General Assembly
HB0163eng 101ST GENERAL ASSEMBLY |
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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 Section 316 as follows:
| 6 | | (720 ILCS 570/316)
| 7 | | Sec. 316. Prescription Monitoring Program. | 8 | | (a) The Department must provide for a
Prescription | 9 | | Monitoring Program for Schedule II, III, IV, and V controlled | 10 | | substances that includes the following components and | 11 | | requirements:
| 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 controlled
| 18 | | 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 | | (4) The Department may impose a civil fine of up to | 6 | | $100 per day for willful failure to report controlled | 7 | | substance dispensing to the Prescription Monitoring | 8 | | Program. The fine shall be calculated on no more than the | 9 | | number of days from the time the report was required to be | 10 | | made until the time the problem was resolved, and shall be | 11 | | payable to the Prescription Monitoring Program.
| 12 | | (b) The Department, by rule, may include in the | 13 | | Prescription Monitoring Program certain other select drugs | 14 | | that are not included in Schedule II, III, IV, or V. The | 15 | | Prescription Monitoring Program does not apply to
controlled | 16 | | substance prescriptions as exempted under Section
313.
| 17 | | (c) The collection of data on select drugs and scheduled | 18 | | substances by the Prescription Monitoring Program may be used | 19 | | as a tool for addressing oversight requirements of long-term | 20 | | care institutions as set forth by Public Act 96-1372. Long-term | 21 | | care pharmacies shall transmit patient medication profiles to | 22 | | the Prescription Monitoring Program monthly or more frequently | 23 | | as established by administrative rule. | 24 | | (d) The Department of Human Services shall appoint a | 25 | | full-time Clinical Director of the Prescription Monitoring | 26 | | Program. |
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| 1 | | (e) (Blank). | 2 | | (f) Within one year of January 1, 2018 ( the effective date | 3 | | of 100-564) this amendatory Act of the 100th General Assembly , | 4 | | the Department shall adopt rules requiring all Electronic | 5 | | Health Records Systems to interface with the Prescription | 6 | | Monitoring Program application program on or before January 1, | 7 | | 2021 to ensure that all providers have access to specific | 8 | | patient records during the treatment of their patients. These | 9 | | rules shall also address the electronic integration of pharmacy | 10 | | records with the Prescription Monitoring Program to allow for | 11 | | faster transmission of the information required under this | 12 | | Section. The Department shall establish actions to be taken if | 13 | | a prescriber's Electronic Health Records System does not | 14 | | effectively interface with the Prescription Monitoring Program | 15 | | within the required timeline. | 16 | | (g) The Department, in consultation with the Advisory | 17 | | Committee, shall adopt rules allowing licensed prescribers or | 18 | | pharmacists who have registered to access the Prescription | 19 | | Monitoring Program to authorize a licensed or non-licensed | 20 | | designee employed in that licensed prescriber's office or a | 21 | | licensed designee in a licensed pharmacist's pharmacy , and who | 22 | | has received training in the federal Health Insurance | 23 | | Portability and Accountability Act to consult the Prescription | 24 | | Monitoring Program on their behalf. The rules shall include | 25 | | reasonable parameters concerning a practitioner's authority to | 26 | | authorize a designee, and the eligibility of a person to be |
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| 1 | | selected as a designee. In this subsection (g), "pharmacist" | 2 | | shall include a clinical pharmacist employed by and designated | 3 | | by a Medicaid Managed Care Organization providing services | 4 | | under Article V of the Illinois Public Aid Code under a | 5 | | contract with the Department of Healthcare Health and Family | 6 | | Services for the sole purpose of clinical review of services | 7 | | provided to persons covered by the entity under the contract to | 8 | | determine compliance with subsections (a) and (b) of Section | 9 | | 314.5 of this Act. A managed care entity pharmacist shall | 10 | | notify prescribers of review activities. | 11 | | (Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18; | 12 | | 100-861, eff. 8-14-18; 100-1005, eff. 8-21-18; 100-1093, eff. | 13 | | 8-26-18; revised 10-9-18.)
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