Full Text of SB0030 95th General Assembly
SB0030enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Controlled Substances Act is | 5 |
| amended by changing Sections 313, 316, 317, 318, 319, and 320 | 6 |
| and by adding Section 321 as follows:
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| (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
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| Sec. 313. (a) Controlled substances which are lawfully | 9 |
| administered in
hospitals or institutions licensed under the | 10 |
| "Hospital Licensing Act" shall
be exempt from the requirements | 11 |
| of Sections 312 and 316 except
that the
prescription for the | 12 |
| controlled substance shall be in writing on the
patient's | 13 |
| record, signed by the prescriber, dated, and shall state the
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| name, and quantity of controlled substances ordered and the | 15 |
| quantity
actually administered. The records of such | 16 |
| prescriptions shall be
maintained for two years and shall be | 17 |
| available for inspection by officers
and employees of the | 18 |
| Department of State Police, and the Department of
Professional | 19 |
| Regulation.
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| (b) Controlled substances that can lawfully be | 21 |
| administered or dispensed
directly to a patient in a long-term | 22 |
| care facility licensed by the Department
of Public Health as a | 23 |
| skilled nursing facility, intermediate care facility, or
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| long-term care facility for residents under 22 years of age, | 2 |
| are exempt from
the requirements of Section 312 except that a | 3 |
| prescription
for a
Schedule II controlled substance must be | 4 |
| either a written prescription signed
by the prescriber or a | 5 |
| written prescription transmitted by the prescriber or
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| prescriber's agent to the dispensing pharmacy by facsimile. The
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| facsimile serves as the original prescription and must be | 8 |
| maintained for 2
years from the date of issue in the same | 9 |
| manner as a written prescription
signed by the prescriber.
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| (c) A prescription that is written for a Schedule II | 11 |
| controlled substance
to be compounded for direct | 12 |
| administration by parenteral, intravenous,
intramuscular, | 13 |
| subcutaneous, or intraspinal infusion to a patient in a private
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| residence, long-term care facility, or hospice program
setting
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| may be transmitted by
facsimile by the prescriber or the | 16 |
| prescriber's agent to the pharmacy providing
the home infusion | 17 |
| services. The facsimile serves as the original written
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| prescription for purposes of this paragraph (c) and it shall be | 19 |
| maintained in
the same manner as the original written | 20 |
| prescription.
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| (c-1) A prescription written for a Schedule II controlled | 22 |
| substance for a
patient residing in a hospice certified by | 23 |
| Medicare under Title XVIII of the
Social Security Act or
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| licensed by the State may be transmitted by the practitioner or | 25 |
| the
practitioner's
agent to the dispensing pharmacy by | 26 |
| facsimile. The practitioner or
practitioner's
agent must note |
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| on the prescription that the patient is a hospice patient. The
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| facsimile serves as the original written prescription for | 3 |
| purposes of this
paragraph (c-1) and it shall be maintained in | 4 |
| the same manner as the original
written prescription.
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| (d) Controlled substances which are lawfully administered
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| and/or dispensed
in drug abuse treatment programs licensed by | 7 |
| the Department shall be exempt
from the requirements of | 8 |
| Sections 312 and 316, except that the
prescription
for such | 9 |
| controlled substances shall be issued and authenticated
on | 10 |
| official prescription logs prepared and supplied by the | 11 |
| Department.
The official prescription logs issued by the | 12 |
| Department shall be printed
in triplicate on distinctively | 13 |
| marked paper and furnished to programs at
reasonable cost. The | 14 |
| official prescription logs furnished to the programs
shall | 15 |
| contain, in preprinted form, such information as the Department | 16 |
| may
require. The official prescription logs shall be properly | 17 |
| endorsed by a
physician licensed to practice medicine in all | 18 |
| its branches issuing the
order, with his own signature and the | 19 |
| date of
ordering, and further endorsed by the practitioner | 20 |
| actually administering
or dispensing the dosage at the time of | 21 |
| such administering or dispensing in
accordance with | 22 |
| requirements issued by the Department. The duplicate copy
shall | 23 |
| be retained by the program for a period of not less than three | 24 |
| years
nor more than seven years; the original and triplicate | 25 |
| copy shall be
returned to the Department at its principal | 26 |
| office in accordance with
requirements set forth by the |
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| Department.
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| (Source: P.A. 91-576, eff. 4-1-00; 91-714, eff. 6-2-00.)
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| (720 ILCS 570/316)
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| Sec. 316. Schedule II controlled substance prescription | 5 |
| monitoring program.
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| The Department must provide for a Schedule II controlled | 7 |
| substance
prescription monitoring program that includes the | 8 |
| following components:
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| (1) The
Each time a Schedule II controlled substance is
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| dispensed, the
dispenser must transmit to the
central | 11 |
| repository the following information:
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| (A) The recipient's name.
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| (B) The recipient's address.
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| (C) The national drug code number of the Schedule | 15 |
| II controlled
substance
dispensed.
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| (D) The date the Schedule II controlled substance | 17 |
| is dispensed.
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| (E) The quantity of the Schedule II controlled | 19 |
| substance dispensed.
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| (F) The dispenser's United States Drug Enforcement | 21 |
| Administration
Agency
registration number.
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| (G) The prescriber's United States Drug | 23 |
| Enforcement Administration
Agency
registration number.
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| (2) The information required to be transmitted under | 25 |
| this Section must be
transmitted not more than 7
15 days |
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| after the date on which a
Schedule II controlled substance | 2 |
| is dispensed.
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| (3) A dispenser must transmit the information required | 4 |
| under this Section
by:
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| (A) an electronic device compatible with the | 6 |
| receiving device of the
central repository;
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| (B) a computer diskette;
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| (C) a magnetic tape; or
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| (D) a pharmacy universal claim form or Pharmacy | 10 |
| Inventory Control form;
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| that meets specifications prescribed by the Department.
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| Controlled
Schedule II controlled substance prescription | 13 |
| monitoring does not apply to
Schedule II controlled substance | 14 |
| prescriptions as exempted under Section
313.
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| (Source: P.A. 91-576, eff. 4-1-00; 91-714, eff. 6-2-00.)
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| (720 ILCS 570/317)
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| Sec. 317. Central repository for collection of | 18 |
| information.
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| (a) The Department must designate a central repository for
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| the collection of information transmitted under Section 316 and | 21 |
| 321 .
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| (b) The central repository must do the following:
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| (1) Create a database for information required to be | 24 |
| transmitted under
Section 316 in the form required under | 25 |
| rules adopted by the
Department, including search |
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| capability for the following:
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| (A) A recipient's name.
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| (B) A recipient's address.
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| (C) The national drug code number of a controlled | 5 |
| substance
dispensed.
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| (D) The dates a Schedule II controlled substance is | 7 |
| dispensed.
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| (E) The quantities of a Schedule II controlled | 9 |
| substance dispensed.
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| (F) A dispenser's United States Drug Enforcement | 11 |
| Administration
Agency
registration number.
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| (G) A prescriber's United States Drug Enforcement | 13 |
| Administration
Agency
registration number.
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| (2) Provide the Department with a
continuing 24
hour a | 15 |
| day on-line access to the database maintained by the | 16 |
| central
repository. The Department of Financial and
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| Professional
Regulation must provide the
Department with | 18 |
| electronic access to the license information of a | 19 |
| prescriber or
dispenser. The Department of Financial and
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| Professional Regulation may charge a fee for this
access | 21 |
| not to exceed the actual cost of furnishing the | 22 |
| information.
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| (3) Secure the information collected by the central | 24 |
| repository and the
database maintained by the central | 25 |
| repository against access by unauthorized
persons. | 26 |
| No fee shall be charged for access by a prescriber or |
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| dispenser.
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| (Source: P.A. 91-576, eff. 4-1-00.)
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| (720 ILCS 570/318)
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| Sec. 318. Confidentiality of information.
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| (a) Information received by the central repository under | 6 |
| Section 316 and 321
is confidential.
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| (b) The Department must carry out a program to protect the
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| confidentiality of the information described in subsection | 9 |
| (a). The Department
may
disclose the information to another | 10 |
| person only under
subsection (c), (d), or (f) and may charge a | 11 |
| fee not to exceed the actual cost
of
furnishing the
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| information.
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| (c) The Department may disclose confidential information | 14 |
| described
in subsection (a) to any person who is engaged in | 15 |
| receiving, processing, or
storing the information.
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| (d) The Department may release confidential information | 17 |
| described
in subsection (a) to the following persons:
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| (1) A governing body
that licenses practitioners and is | 19 |
| engaged in an investigation, an
adjudication,
or a | 20 |
| prosecution of a violation under any State or federal law | 21 |
| that involves a
controlled substance.
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| (2) An investigator for the Consumer Protection | 23 |
| Division of the office of
the Attorney General, a | 24 |
| prosecuting attorney, the Attorney General, a deputy
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| Attorney General, or an investigator from the office of the |
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| Attorney General,
who is engaged in any of the following | 2 |
| activities involving controlled
substances:
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| (A) an investigation;
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| (B) an adjudication; or
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| (C) a prosecution
of a violation under any State or | 6 |
| federal law that involves a controlled
substance.
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| (3) A law enforcement officer who is:
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| (A) authorized by the Department of State Police or | 9 |
| the office of a county sheriff or State's Attorney or
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| municipal police department of Illinois to receive
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| information
of the type requested for the purpose of | 12 |
| investigations involving controlled
substances; or
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| (B) approved by the Department to receive | 14 |
| information of the
type requested for the purpose of | 15 |
| investigations involving controlled
substances; and
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| (C) engaged in the investigation or prosecution of | 17 |
| a violation
under
any State or federal law that | 18 |
| involves a controlled substance.
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| (e) Before the Department releases confidential | 20 |
| information under
subsection (d), the applicant must | 21 |
| demonstrate in writing to the Department that:
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| (1) the applicant has reason to believe that a | 23 |
| violation under any
State or
federal law that involves a | 24 |
| Schedule II controlled substance has occurred; and
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| (2) the requested information is reasonably related to | 26 |
| the investigation,
adjudication, or prosecution of the |
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| violation described in subdivision (1).
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| (f) The Department may receive and release prescription | 3 |
| record information
release to:
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| (1) a governing
body that licenses practitioners;
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| (2) an investigator for the Consumer Protection | 6 |
| Division of the office of
the Attorney General, a | 7 |
| prosecuting attorney, the Attorney General, a deputy
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| Attorney General, or an investigator from the office of the | 9 |
| Attorney General;
or
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| (3) any Illinois
a law enforcement officer who is:
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| (A) authorized by the Department of State Police to | 12 |
| receive the type of
information released; and
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| (B) approved by the Department to receive the type | 14 |
| of
information released; or
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| (4) prescription monitoring entities in other states | 16 |
| per the provisions outlined in subsection (g) and (h) | 17 |
| below;
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| confidential prescription record information collected under | 19 |
| Sections 316 and 321
generated from computer records that | 20 |
| identifies vendors or
practitioners , or both, who are | 21 |
| prescribing or dispensing large quantities of a
Schedule II , | 22 |
| III, IV, or V controlled
substances outside the scope of their | 23 |
| practice, pharmacy, or business,
substance as determined by the | 24 |
| Advisory Committee created by Section 320.
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| (g) The information described in subsection (f) may not be | 26 |
| released until it
has been reviewed by an employee of the |
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| Department who is licensed as a
prescriber or a dispenser
and | 2 |
| until that employee has certified
that further investigation is | 3 |
| warranted. However, failure to comply with this
subsection (g) | 4 |
| does not invalidate the use of any evidence that is otherwise
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| admissible in a proceeding described in subsection (h).
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| (h) An investigator or a law enforcement officer receiving | 7 |
| confidential
information under subsection (c), (d), or (f) may | 8 |
| disclose the information to a
law enforcement officer or an | 9 |
| attorney for the office of the Attorney General
for use as | 10 |
| evidence in the following:
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| (1) A proceeding under any State or federal law that | 12 |
| involves a
Schedule II controlled substance.
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| (2) A criminal proceeding or a proceeding in juvenile | 14 |
| court that involves
a Schedule II controlled substance.
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| (i) The Department may compile statistical reports from the
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| information described in subsection (a). The reports must not | 17 |
| include
information that identifies , by name, license or | 18 |
| address, any practitioner, dispenser, ultimate user, or other | 19 |
| person
administering a controlled substance.
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| (j) Based upon federal, initial and maintenance funding, a | 21 |
| prescriber and dispenser inquiry system shall be developed to | 22 |
| assist the medical community in its goal of effective clinical | 23 |
| practice and to prevent patients from diverting or abusing | 24 |
| medications.
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| (1) An inquirer shall have read-only access to a | 26 |
| stand-alone database which shall contain records for the |
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| previous 6 months. | 2 |
| (2) Dispensers may, upon positive and secure | 3 |
| identification, make an inquiry on a patient or customer | 4 |
| solely for a medical purpose as delineated within the | 5 |
| federal HIPAA law. | 6 |
| (3) The Department shall provide a one-to-one secure | 7 |
| link and encrypted software necessary to establish the link | 8 |
| between an inquirer and the Department. Technical | 9 |
| assistance shall also be provided. | 10 |
| (4) Written inquiries are acceptable but must include | 11 |
| the fee and the requestor's Drug Enforcement | 12 |
| Administration license number and submitted upon the | 13 |
| requestor's business stationary. | 14 |
| (5) No data shall be stored in the database beyond 24 | 15 |
| months. | 16 |
| (6) Tracking analysis shall be established and used per | 17 |
| administrative rule. | 18 |
| (7) Nothing in this Act or Illinois law shall be | 19 |
| construed to require a prescriber or dispenser to make use | 20 |
| of this inquiry system.
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| (8) If there is an adverse outcome because of a | 22 |
| prescriber or dispenser making an inquiry, which is | 23 |
| initiated in good faith, the prescriber or dispenser shall | 24 |
| be held harmless from any civil liability.
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| (Source: P.A. 91-576, eff. 4-1-00.)
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| (720 ILCS 570/319)
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| Sec. 319. Rules. The Department must adopt rules under the | 3 |
| Illinois
Administrative
Procedure Act to
implement Sections | 4 |
| 316 through 321
318 , including the following:
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| (1) Information collection and retrieval procedures | 6 |
| for the central
repository, including the Schedule II
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| controlled substances to be included in
the program
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| required under Section 316 and 321 .
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| (2) Design for the creation of the database required | 10 |
| under Section
317.
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| (3) Requirements for the development and installation | 12 |
| of on-line
electronic access by the Department to | 13 |
| information collected by the
central repository.
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| (Source: P.A. 91-576, eff. 4-1-00.)
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| (720 ILCS 570/320)
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| Sec. 320. Advisory committee.
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| (a) The Secretary of Human Services must appoint an | 18 |
| advisory committee to
assist the Department in implementing the | 19 |
| Schedule II controlled substance
prescription
monitoring | 20 |
| program created by Section 316 and 321 of this Act.
The | 21 |
| Advisory Committee consists of prescribers and dispensers.
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| (b) The Secretary of Human Services must determine the | 23 |
| number of members to
serve on the advisory committee. The | 24 |
| Secretary must choose one of the members
of the advisory | 25 |
| committee to serve as chair of the committee.
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| (c) The advisory committee may appoint its other officers | 2 |
| as it deems
appropriate.
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| (d) The members of the advisory committee shall receive no | 4 |
| compensation for
their services as members of the advisory | 5 |
| committee but may be reimbursed for
their actual expenses | 6 |
| incurred in serving on the advisory committee.
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| (Source: P.A. 91-576, eff. 4-1-00.)
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| (720 ILCS 570/321 new)
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| Sec. 321. Schedule III, IV, and V controlled substance | 10 |
| prescription monitoring program. | 11 |
| (a) The Department shall provide for a Schedule III, IV, | 12 |
| and V controlled substances prescription monitoring program | 13 |
| contingent upon full funding from the authorized federal agency | 14 |
| less incidental expenses. | 15 |
| (b) Prescription data collected for Schedules III, IV, and | 16 |
| V shall include the components listed in Section 316(1), (2), | 17 |
| and (3). | 18 |
| (c) The information required to be transmitted under this | 19 |
| Section must be transmitted not more than 7 days after the date | 20 |
| on which a controlled substance is dispensed. | 21 |
| (d) If federal funding is not provided, the Department | 22 |
| shall cease data collection for Schedules III, IV, and V. | 23 |
| (e) All requirements for this Section shall comply with the | 24 |
| federal HIPAA statute.
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