Full Text of HB4907 100th General Assembly
HB4907enr 100TH 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 Sections 316 and 320 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 the effective date of this | 3 | | amendatory Act of the 100th General Assembly, the Department | 4 | | shall adopt rules requiring all Electronic Health Records | 5 | | Systems to interface with the Prescription Monitoring Program | 6 | | application program on or before January 1, 2021 to ensure that | 7 | | all providers have access to specific patient records during | 8 | | the treatment of their patients. These rules shall also address | 9 | | the electronic integration of pharmacy records with the | 10 | | Prescription Monitoring Program to allow for faster | 11 | | transmission of the information required under this Section. | 12 | | The Department shall establish actions to be taken if a | 13 | | 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. | 2 | | (Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
| 3 | | (720 ILCS 570/320)
| 4 | | Sec. 320. Advisory committee.
| 5 | | (a) There is created a Prescription Monitoring Program | 6 | | Advisory Committee to
assist the Department of Human Services | 7 | | in implementing the Prescription Monitoring Program created by | 8 | | this Article and to advise the Department on the professional | 9 | | performance of prescribers and dispensers and other matters | 10 | | germane to the advisory committee's field of competence.
| 11 | | (b) The Clinical Director of the Prescription Monitoring | 12 | | Program shall appoint members to
serve on the advisory | 13 | | committee. The advisory committee shall be composed of | 14 | | prescribers and dispensers as follows: 4 physicians licensed to | 15 | | practice medicine in all its branches; one advanced practice | 16 | | registered nurse; one physician assistant; one optometrist; | 17 | | one dentist; one podiatric physician; and 3 pharmacists. The | 18 | | Clinical Director of the Prescription Monitoring Program may | 19 | | appoint a representative of an organization representing a | 20 | | profession required to be appointed. The Clinical Director of | 21 | | the Prescription Monitoring Program shall serve as the chair of | 22 | | the committee.
| 23 | | (c) The advisory committee may appoint its other officers | 24 | | as it deems
appropriate.
| 25 | | (d) The members of the advisory committee shall receive no |
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| 1 | | compensation for
their services as members of the advisory | 2 | | committee but may be reimbursed for
their actual expenses | 3 | | incurred in serving on the advisory committee.
| 4 | | (e) The advisory committee shall: | 5 | | (1) provide a uniform approach to reviewing this Act in | 6 | | order to determine whether changes should be recommended to | 7 | | the General Assembly; | 8 | | (2) review current drug schedules in order to manage | 9 | | changes to the administrative rules pertaining to the | 10 | | utilization of this Act; | 11 | | (3) review the following: current clinical guidelines | 12 | | developed by health care professional organizations on the | 13 | | prescribing of opioids or other controlled substances; | 14 | | accredited continuing education programs related to | 15 | | prescribing and dispensing; programs or information | 16 | | developed by health care professional organizations that | 17 | | may be used to assess patients or help ensure compliance | 18 | | with prescriptions; updates from the Food and Drug | 19 | | Administration, the Centers for Disease Control and | 20 | | Prevention, and other public and private organizations | 21 | | which are relevant to prescribing and dispensing; relevant | 22 | | medical studies; and other publications which involve the | 23 | | prescription of controlled substances; | 24 | | (4) make recommendations for inclusion of these | 25 | | materials or other studies which may be effective resources | 26 | | for prescribers and dispensers on the Internet website of |
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| 1 | | the inquiry system established under Section 318; | 2 | | (5) on at least a quarterly basis, review the content | 3 | | of the Internet website of the inquiry system established | 4 | | pursuant to Section 318 to ensure this Internet website has | 5 | | the most current available information; | 6 | | (6) on at least a quarterly basis, review opportunities | 7 | | for federal grants and other forms of funding to support | 8 | | projects which will increase the number of pilot programs | 9 | | which integrate the inquiry system with electronic health | 10 | | records; and | 11 | | (7) on at least a quarterly basis, review communication | 12 | | to be sent to all registered users of the inquiry system | 13 | | established pursuant to Section 318, including | 14 | | recommendations for relevant accredited continuing | 15 | | education and information regarding prescribing and | 16 | | dispensing. | 17 | | (f) The Clinical Director of the Prescription Monitoring | 18 | | Program shall select 6 5 members, 3 physicians , and 2 | 19 | | pharmacists, and one dentist, of the Prescription Monitoring | 20 | | Program Advisory Committee to serve as members of the peer | 21 | | review subcommittee. The purpose of the peer review | 22 | | subcommittee is to advise the Program on matters germane to the | 23 | | advisory committee's field of competence, establish a formal | 24 | | peer review of professional performance of prescribers and | 25 | | dispensers, and develop communications to transmit to | 26 | | prescribers and dispensers. The deliberations, information, |
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| 1 | | and communications of the peer review subcommittee are | 2 | | privileged and confidential and shall not be disclosed in any | 3 | | manner except in accordance with current law. | 4 | | (1) The peer review subcommittee shall periodically | 5 | | review the data contained within the prescription | 6 | | monitoring program to identify those prescribers or | 7 | | dispensers who may be prescribing or dispensing outside the | 8 | | currently accepted standards in the course of their | 9 | | professional practice. | 10 | | (2) The peer review subcommittee may identify | 11 | | prescribers or dispensers who may be prescribing outside | 12 | | the currently accepted medical standards in the course of | 13 | | their professional practice and send the identified | 14 | | prescriber or dispenser a request for information | 15 | | regarding their prescribing or dispensing practices. This | 16 | | request for information shall be sent via certified mail, | 17 | | return receipt requested. A prescriber or dispenser shall | 18 | | have 30 days to respond to the request for information. | 19 | | (3) The peer review subcommittee shall refer a | 20 | | prescriber or a dispenser to the Department of Financial | 21 | | and Professional Regulation in the following situations: | 22 | | (i) if a prescriber or dispenser does not respond | 23 | | to three successive requests for information; | 24 | | (ii) in the opinion of a majority of members of the | 25 | | peer review subcommittee, the prescriber or dispenser | 26 | | does not have a satisfactory explanation for the |
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| 1 | | practices identified by the peer review subcommittee | 2 | | in its request for information; or | 3 | | (iii) following communications with the peer | 4 | | review subcommittee, the prescriber or dispenser does | 5 | | not sufficiently rectify the practices identified in | 6 | | the request for information in the opinion of a | 7 | | majority of the members of the peer review | 8 | | subcommittee. | 9 | | (4) The Department of Financial and Professional | 10 | | Regulation may initiate an investigation and discipline in | 11 | | accordance with current laws and rules for any prescriber | 12 | | or dispenser referred by the peer review subcommittee. | 13 | | (5) The peer review subcommittee shall prepare an | 14 | | annual report starting on July 1, 2017. This report shall | 15 | | contain the following information: the number of times the | 16 | | peer review subcommittee was convened; the number of | 17 | | prescribers or dispensers who were reviewed by the peer | 18 | | review committee; the number of requests for information | 19 | | sent out by the peer review subcommittee; and the number of | 20 | | prescribers or dispensers referred to the Department of | 21 | | Financial and Professional Regulation. The annual report | 22 | | shall be delivered electronically to the Department and to | 23 | | the General Assembly. The report to the General Assembly | 24 | | shall be filed with the Clerk of the House of | 25 | | Representatives and the Secretary of the Senate in | 26 | | electronic form only, in the manner that the Clerk and the |
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| 1 | | Secretary shall direct. The report prepared by the peer | 2 | | review subcommittee shall not identify any prescriber, | 3 | | dispenser, or patient. | 4 | | (Source: P.A. 99-480, eff. 9-9-15; 100-513, eff. 1-1-18 .)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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