Full Text of HB5373 103rd General Assembly
HB5373eng 103RD GENERAL ASSEMBLY | | | HB5373 Engrossed | | LRB103 36911 RLC 67024 b |
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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 318 and by adding Section 315.7 as | 6 | | follows: | 7 | | (720 ILCS 570/315.7 new) | 8 | | Sec. 315.7. Chronic pain treatment. | 9 | | (a) In this Section: | 10 | | "Chronic pain" means a state in which pain persists beyond | 11 | | the usual course of an acute disease or healing of an injury, | 12 | | or which may or may not be associated with an acute or chronic | 13 | | pathologic process that causes continuous or intermittent pain | 14 | | over months or years. "Chronic pain" is considered to be pain | 15 | | that persists for more than 12 weeks and is adversely | 16 | | affecting the function or well-being of the individual. | 17 | | "Opioid" means a narcotic drug or substance that is a | 18 | | Schedule II controlled substance under paragraph (1), (2), | 19 | | (3), or (5) of subsection (b) or under subsection (c) of | 20 | | Section 206. | 21 | | (b) Decisions regarding the treatment of patients | 22 | | experiencing chronic pain shall be made by the prescriber with | 23 | | dispensing by the pharmacist in accordance with the |
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| 1 | | corresponding responsibility as described in 21 CFR 1306.04(a) | 2 | | and 77 Ill. Adm. Code 3100.380(a). | 3 | | (c) Ordering, prescribing, dispensing, administering, or | 4 | | paying for controlled substances, including opioids, shall not | 5 | | be predetermined by specific morphine milligram equivalent | 6 | | guidelines. | 7 | | (d) Nothing in this Section shall interfere with the | 8 | | review of prescriptions by the Prescription Monitoring | 9 | | Program's Advisory Committee. In reviewing prescriptions for | 10 | | chronic pain, the advisory committee members shall review the | 11 | | most updated clinical guidelines on treating chronic pain for | 12 | | the period the prescriptions were written. | 13 | | (720 ILCS 570/318) | 14 | | Sec. 318. Confidentiality of information. | 15 | | (a) Information received by the central repository under | 16 | | Section 316 and former Section 321 is confidential. | 17 | | (a-1) To ensure the federal Health Insurance Portability | 18 | | and Accountability Act and confidentiality of substance use | 19 | | disorder patient records rules that mandate the privacy of an | 20 | | individual's prescription data reported to the Prescription | 21 | | Monitoring Program received from a retail dispenser under this | 22 | | Act, and in order to execute the duties and responsibilities | 23 | | under Section 316 of this Act and rules for disclosure under | 24 | | this Section, the Clinical Director of the Prescription | 25 | | Monitoring Program or his or her designee shall maintain |
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| 1 | | direct access to all Prescription Monitoring Program data. Any | 2 | | request for Prescription Monitoring Program data from any | 3 | | other department or agency must be approved in writing by the | 4 | | Clinical Director of the Prescription Monitoring Program or | 5 | | his or her designee unless otherwise permitted by law. | 6 | | Prescription Monitoring Program data shall only be disclosed | 7 | | as permitted by law. Confidential information received from | 8 | | opioid treatment programs or confidential information | 9 | | otherwise protected under federal confidentiality of substance | 10 | | use disorder patient records regulated under 42 CFR Part 2 | 11 | | shall not be included in the information shared. | 12 | | (a-2) As an active step to address the current opioid | 13 | | crisis in this State and to prevent and reduce addiction | 14 | | resulting from a sports injury or an accident, the | 15 | | Prescription Monitoring Program and the Department of Public | 16 | | Health shall coordinate a continuous review of the | 17 | | Prescription Monitoring Program and the Department of Public | 18 | | Health data to determine if a patient may be at risk of opioid | 19 | | addiction. Each patient discharged from any medical facility | 20 | | with an International Classification of Disease, 10th edition | 21 | | code related to a sport or accident injury shall be subject to | 22 | | the data review. If the discharged patient is dispensed a | 23 | | controlled substance, the Prescription Monitoring Program | 24 | | shall alert the patient's prescriber as to the addiction risk | 25 | | and urge each to follow the Centers for Disease Control and | 26 | | Prevention guidelines or his or her respective profession's |
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| 1 | | treatment guidelines related to the patient's injury. This | 2 | | subsection (a-2), other than this sentence, is inoperative on | 3 | | or after January 1, 2024. | 4 | | (b) The Department must carry out a program to protect the | 5 | | confidentiality of the information described in subsection | 6 | | (a). The Department may disclose the information to another | 7 | | person only under subsection (c), (d), or (f) and may charge a | 8 | | fee not to exceed the actual cost of furnishing the | 9 | | information. | 10 | | (c) The Department may disclose confidential information | 11 | | described in subsection (a) to any person who is engaged in | 12 | | receiving, processing, or storing the information. | 13 | | (d) The Department may release confidential information | 14 | | described in subsection (a) to the following persons: | 15 | | (1) A governing body that licenses practitioners and | 16 | | is engaged in an investigation, an adjudication, or a | 17 | | prosecution of a violation under any State or federal law | 18 | | that involves a controlled substance. | 19 | | (2) An investigator for the Consumer Protection | 20 | | Division of the office of the Attorney General, a | 21 | | prosecuting attorney, the Attorney General, a deputy | 22 | | Attorney General, or an investigator from the office of | 23 | | the Attorney General, who is engaged in any of the | 24 | | following activities involving controlled substances: | 25 | | (A) an investigation; | 26 | | (B) an adjudication; or |
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| 1 | | (C) a prosecution of a violation under any State | 2 | | or federal law that involves a controlled substance. | 3 | | (3) A law enforcement officer who is: | 4 | | (A) authorized by the Illinois State Police or the | 5 | | office of a county sheriff or State's Attorney or | 6 | | municipal police department of Illinois to receive | 7 | | information of the type requested for the purpose of | 8 | | investigations involving controlled substances; or | 9 | | (B) approved by the Department to receive | 10 | | information of the type requested for the purpose of | 11 | | investigations involving controlled substances; and | 12 | | (C) engaged in the investigation or prosecution of | 13 | | a violation under any State or federal law that | 14 | | involves a controlled substance. | 15 | | (4) Select representatives of the Department of | 16 | | Children and Family Services through the indirect online | 17 | | request process. Access shall be established by an | 18 | | intergovernmental agreement between the Department of | 19 | | Children and Family Services and the Department of Human | 20 | | Services. | 21 | | (e) Before the Department releases confidential | 22 | | information under subsection (d), the applicant must | 23 | | demonstrate in writing to the Department that: | 24 | | (1) the applicant has reason to believe that a | 25 | | violation under any State or federal law that involves a | 26 | | controlled substance has occurred; and |
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| 1 | | (2) the requested information is reasonably related to | 2 | | the investigation, adjudication, or prosecution of the | 3 | | violation described in subdivision (1) ; and . | 4 | | (3) the applicant has a valid court order or subpoena | 5 | | for the confidential information requested. | 6 | | (f) The Department may receive and release prescription | 7 | | record information under Section 316 and former Section 321 | 8 | | to: | 9 | | (1) a governing body that licenses practitioners; | 10 | | (2) an investigator for the Consumer Protection | 11 | | Division of the office of the Attorney General, a | 12 | | prosecuting attorney, the Attorney General, a deputy | 13 | | Attorney General, or an investigator from the office of | 14 | | the Attorney General; | 15 | | (3) any Illinois law enforcement officer who is: | 16 | | (A) authorized to receive the type of information | 17 | | released; and | 18 | | (B) approved by the Department to receive the type | 19 | | of information released; or | 20 | | (4) prescription monitoring entities in other states | 21 | | per the provisions outlined in subsection (g) and (h) | 22 | | below; | 23 | | confidential prescription record information collected under | 24 | | Sections 316 and 321 (now repealed) that identifies vendors or | 25 | | practitioners, or both, who are prescribing or dispensing | 26 | | large quantities of Schedule II, III, IV, or V controlled |
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| 1 | | substances outside the scope of their practice, pharmacy, or | 2 | | business, as determined by the Advisory Committee created by | 3 | | Section 320. | 4 | | (f-5) In accordance with a confidentiality agreement | 5 | | entered into with the Department, a medical director, or a | 6 | | public health administrator and their delegated analysts, of a | 7 | | county or municipal health department or the Department of | 8 | | Public Health shall have access to data from the system for any | 9 | | of the following purposes: | 10 | | (1) developing education programs or public health | 11 | | interventions relating to prescribing trends and | 12 | | controlled substance use; or | 13 | | (2) conducting analyses and publish reports on | 14 | | prescribing trends in their respective jurisdictions. | 15 | | At a minimum, the confidentiality agreement entered into | 16 | | with the Department shall: | 17 | | (i) prohibit analysis and reports produced under | 18 | | subparagraph (2) from including information that | 19 | | identifies, by name, license, or address, any | 20 | | practitioner, dispenser, ultimate user, or other person | 21 | | administering a controlled substance; and | 22 | | (ii) specify the appropriate technical and physical | 23 | | safeguards that the county or municipal health department | 24 | | must implement to ensure the privacy and security of data | 25 | | obtained from the system. The data from the system shall | 26 | | not be admissible as evidence, nor discoverable in any |
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| 1 | | action of any kind in any court or before any tribunal, | 2 | | board, agency, or person. The disclosure of any such | 3 | | information or data, whether proper or improper, shall not | 4 | | waive or have any effect upon its confidentiality, | 5 | | non-discoverability, or non-admissibility. | 6 | | (g) The information described in subsection (f) may not be | 7 | | released until it has been reviewed by an employee of the | 8 | | Department who is licensed as a prescriber or a dispenser and | 9 | | until that employee has certified that further investigation | 10 | | is warranted. Upon review and approval by a licensed | 11 | | prescriber or dispenser, the Prescription Monitoring Program | 12 | | administrator or the Department's general legal counsel may | 13 | | release information. However, failure to comply with this | 14 | | subsection (g) does not invalidate the use of any evidence | 15 | | that is otherwise admissible in a proceeding described in | 16 | | subsection (h). | 17 | | (h) An investigator or a law enforcement officer receiving | 18 | | confidential information under subsection (c), (d), or (f) may | 19 | | disclose the information to a law enforcement officer or an | 20 | | attorney for the office of the Attorney General for use as | 21 | | evidence in the following: | 22 | | (1) A proceeding under any State or federal law that | 23 | | involves a controlled substance. | 24 | | (2) A criminal proceeding or a proceeding in juvenile | 25 | | court that involves a controlled substance. | 26 | | (i) The Department may compile statistical reports from |
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| 1 | | the information described in subsection (a). The reports must | 2 | | not include information that identifies, by name, license or | 3 | | address, any practitioner, dispenser, ultimate user, or other | 4 | | person administering a controlled substance. | 5 | | (j) Based upon federal, initial and maintenance funding, a | 6 | | prescriber and dispenser inquiry system shall be developed to | 7 | | assist the health care community in its goal of effective | 8 | | clinical practice and to prevent patients from diverting or | 9 | | abusing medications. | 10 | | (1) An inquirer shall have read-only access to a | 11 | | stand-alone database which shall contain records for the | 12 | | previous 12 months. | 13 | | (2) Dispensers may, upon positive and secure | 14 | | identification, make an inquiry on a patient or customer | 15 | | solely for a medical purpose as delineated within the | 16 | | federal HIPAA law. | 17 | | (3) The Department shall provide a one-to-one secure | 18 | | link and encrypted software necessary to establish the | 19 | | link between an inquirer and the Department. Technical | 20 | | assistance shall also be provided. | 21 | | (4) Written inquiries are acceptable but must include | 22 | | the fee and the requester's Drug Enforcement | 23 | | Administration license number and submitted upon the | 24 | | requester's business stationery. | 25 | | (5) As directed by the Prescription Monitoring Program | 26 | | Advisory Committee and the Clinical Director for the |
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| 1 | | Prescription Monitoring Program, aggregate data that does | 2 | | not indicate any prescriber, practitioner, dispenser, or | 3 | | patient may be used for clinical studies. | 4 | | (6) Tracking analysis shall be established and used | 5 | | per administrative rule. | 6 | | (7) Nothing in this Act or Illinois law shall be | 7 | | construed to require a prescriber or dispenser to make use | 8 | | of this inquiry system. | 9 | | (8) If there is an adverse outcome because of a | 10 | | prescriber or dispenser making an inquiry, which is | 11 | | initiated in good faith, the prescriber or dispenser shall | 12 | | be held harmless from any civil liability. | 13 | | (k) The Department shall establish, by rule, the process | 14 | | by which to evaluate possible erroneous association of | 15 | | prescriptions to any licensed prescriber or end user of the | 16 | | Illinois Prescription Information Library (PIL). | 17 | | (l) The Prescription Monitoring Program Advisory Committee | 18 | | is authorized to evaluate the need for and method of | 19 | | establishing a patient specific identifier. | 20 | | (m) Patients who identify prescriptions attributed to them | 21 | | that were not obtained by them shall be given access to their | 22 | | personal prescription history pursuant to the validation | 23 | | process as set forth by administrative rule. | 24 | | (n) The Prescription Monitoring Program is authorized to | 25 | | develop operational push reports to entities with compatible | 26 | | electronic medical records. The process shall be covered |
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| 1 | | within administrative rule established by the Department. | 2 | | (o) Hospital emergency departments and freestanding | 3 | | healthcare facilities providing healthcare to walk-in patients | 4 | | may obtain, for the purpose of improving patient care, a | 5 | | unique identifier for each shift to utilize the PIL system. | 6 | | (p) The Prescription Monitoring Program shall | 7 | | automatically create a log-in to the inquiry system when a | 8 | | prescriber or dispenser obtains or renews his or her | 9 | | controlled substance license. The Department of Financial and | 10 | | Professional Regulation must provide the Prescription | 11 | | Monitoring Program with electronic access to the license | 12 | | information of a prescriber or dispenser to facilitate the | 13 | | creation of this profile. The Prescription Monitoring Program | 14 | | shall send the prescriber or dispenser information regarding | 15 | | the inquiry system, including instructions on how to log into | 16 | | the system, instructions on how to use the system to promote | 17 | | effective clinical practice, and opportunities for continuing | 18 | | education for the prescribing of controlled substances. The | 19 | | Prescription Monitoring Program shall also send to all | 20 | | enrolled prescribers, dispensers, and designees information | 21 | | regarding the unsolicited reports produced pursuant to Section | 22 | | 314.5 of this Act. | 23 | | (q) A prescriber or dispenser may authorize a designee to | 24 | | consult the inquiry system established by the Department under | 25 | | this subsection on his or her behalf, provided that all the | 26 | | following conditions are met: |
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| 1 | | (1) the designee so authorized is employed by the same | 2 | | hospital or health care system; is employed by the same | 3 | | professional practice; or is under contract with such | 4 | | practice, hospital, or health care system; | 5 | | (2) the prescriber or dispenser takes reasonable steps | 6 | | to ensure that such designee is sufficiently competent in | 7 | | the use of the inquiry system; | 8 | | (3) the prescriber or dispenser remains responsible | 9 | | for ensuring that access to the inquiry system by the | 10 | | designee is limited to authorized purposes and occurs in a | 11 | | manner that protects the confidentiality of the | 12 | | information obtained from the inquiry system, and remains | 13 | | responsible for any breach of confidentiality; and | 14 | | (4) the ultimate decision as to whether or not to | 15 | | prescribe or dispense a controlled substance remains with | 16 | | the prescriber or dispenser. | 17 | | The Prescription Monitoring Program shall send to | 18 | | registered designees information regarding the inquiry system, | 19 | | including instructions on how to log onto the system. | 20 | | (r) The Prescription Monitoring Program shall maintain an | 21 | | Internet website in conjunction with its prescriber and | 22 | | dispenser inquiry system. This website shall include, at a | 23 | | minimum, the following information: | 24 | | (1) current clinical guidelines developed by health | 25 | | care professional organizations on the prescribing of | 26 | | opioids or other controlled substances as determined by |
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| 1 | | the Advisory Committee; | 2 | | (2) accredited continuing education programs related | 3 | | to prescribing of controlled substances; | 4 | | (3) programs or information developed by health care | 5 | | professionals that may be used to assess patients or help | 6 | | ensure compliance with prescriptions; | 7 | | (4) updates from the Food and Drug Administration, the | 8 | | Centers for Disease Control and Prevention, and other | 9 | | public and private organizations which are relevant to | 10 | | prescribing; | 11 | | (5) relevant medical studies related to prescribing; | 12 | | (6) other information regarding the prescription of | 13 | | controlled substances; and | 14 | | (7) information regarding prescription drug disposal | 15 | | events, including take-back programs or other disposal | 16 | | options or events. | 17 | | The content of the Internet website shall be periodically | 18 | | reviewed by the Prescription Monitoring Program Advisory | 19 | | Committee as set forth in Section 320 and updated in | 20 | | accordance with the recommendation of the advisory committee. | 21 | | (s) The Prescription Monitoring Program shall regularly | 22 | | send electronic updates to the registered users of the | 23 | | Program. The Prescription Monitoring Program Advisory | 24 | | Committee shall review any communications sent to registered | 25 | | users and also make recommendations for communications as set | 26 | | forth in Section 320. These updates shall include the |
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| 1 | | following information: | 2 | | (1) opportunities for accredited continuing education | 3 | | programs related to prescribing of controlled substances; | 4 | | (2) current clinical guidelines developed by health | 5 | | care professional organizations on the prescribing of | 6 | | opioids or other drugs as determined by the Advisory | 7 | | Committee; | 8 | | (3) programs or information developed by health care | 9 | | professionals that may be used to assess patients or help | 10 | | ensure compliance with prescriptions; | 11 | | (4) updates from the Food and Drug Administration, the | 12 | | Centers for Disease Control and Prevention, and other | 13 | | public and private organizations which are relevant to | 14 | | prescribing; | 15 | | (5) relevant medical studies related to prescribing; | 16 | | (6) other information regarding prescribing of | 17 | | controlled substances; | 18 | | (7) information regarding prescription drug disposal | 19 | | events, including take-back programs or other disposal | 20 | | options or events; and | 21 | | (8) reminders that the Prescription Monitoring Program | 22 | | is a useful clinical tool. | 23 | | (t) Notwithstanding any other provision of this Act, | 24 | | neither the Prescription Monitoring Program nor any other | 25 | | person shall disclose any information in violation of the | 26 | | restrictions and requirements of paragraph (3.5) of subsection |
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| 1 | | (a) of Section 316 as implemented under Public Act 102-527. | 2 | | (Source: P.A. 102-751, eff. 1-1-23 .) | 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law. |
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