Public Act 101-0414
 
SB1665 EnrolledLRB101 05906 SLF 50927 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Controlled Substances Act is
amended by changing Sections 314.5, 316, and 320 as follows:
 
    (720 ILCS 570/314.5)
    Sec. 314.5. Medication shopping; pharmacy shopping.
    (a) It shall be unlawful for any person knowingly or
intentionally to fraudulently obtain or fraudulently seek to
obtain any controlled substance or prescription for a
controlled substance from a prescriber or dispenser while being
supplied with any controlled substance or prescription for a
controlled substance by another prescriber or dispenser,
without disclosing the fact of the existing controlled
substance or prescription for a controlled substance to the
prescriber or dispenser from whom the subsequent controlled
substance or prescription for a controlled substance is sought.
    (b) It shall be unlawful for a person knowingly or
intentionally to fraudulently obtain or fraudulently seek to
obtain any controlled substance from a pharmacy while being
supplied with any controlled substance by another pharmacy,
without disclosing the fact of the existing controlled
substance to the pharmacy from which the subsequent controlled
substance is sought.
    (c) A person may be in violation of Section 3.23 of the
Illinois Food, Drug and Cosmetic Act or Section 406 of this Act
when medication shopping or pharmacy shopping, or both.
    (c-5) Effective January 1, 2018, each prescriber
possessing an Illinois controlled substances license shall
register with the Prescription Monitoring Program.
Notwithstanding any provision of this Act to the contrary,
beginning on and after the effective date of this amendatory
Act of the 101st General Assembly, a licensed veterinarian
shall be exempt from registration and prohibited from accessing
patient information in the Prescription Monitoring Program.
Licensed veterinarians that are existing registrants shall be
removed from the Prescription Monitoring Program. Each
prescriber or his or her designee shall also document an
attempt to access patient information in the Prescription
Monitoring Program to assess patient access to controlled
substances when providing an initial prescription for Schedule
II narcotics such as opioids, except for prescriptions for
oncology treatment or palliative care, or a 7-day or less
supply provided by a hospital emergency department when
treating an acute, traumatic medical condition. This attempt to
access shall be documented in the patient's medical record. The
hospital shall facilitate the designation of a prescriber's
designee for the purpose of accessing the Prescription
Monitoring Program for services provided at the hospital.
    (d) When a person has been identified as having 3 or more
prescribers or 3 or more pharmacies, or both, that do not
utilize a common electronic file as specified in Section 20 of
the Pharmacy Practice Act for controlled substances within the
course of a continuous 30-day period, the Prescription
Monitoring Program may issue an unsolicited report to the
prescribers, dispensers, and their designees informing them of
the potential medication shopping. If an unsolicited report is
issued to a prescriber or prescribers, then the report must
also be sent to the applicable dispensing pharmacy.
    (e) Nothing in this Section shall be construed to create a
requirement that any prescriber, dispenser, or pharmacist
request any patient medication disclosure, report any patient
activity, or prescribe or refuse to prescribe or dispense any
medications.
    (f) This Section shall not be construed to apply to
inpatients or residents at hospitals or other institutions or
to institutional pharmacies.
    (g) Any patient feedback, including grades, ratings, or
written or verbal statements, in opposition to a clinical
decision that the prescription of a controlled substance is not
medically necessary shall not be the basis of any adverse
action, evaluation, or any other type of negative
credentialing, contracting, licensure, or employment action
taken against a prescriber or dispenser.
(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
 
    (720 ILCS 570/316)
    Sec. 316. Prescription Monitoring Program.
    (a) The Department must provide for a Prescription
Monitoring Program for Schedule II, III, IV, and V controlled
substances that includes the following components and
requirements:
        (1) The dispenser must transmit to the central
    repository, in a form and manner specified by the
    Department, the following information:
            (A) The recipient's name and address.
            (B) The recipient's date of birth and gender.
            (C) The national drug code number of the controlled
        substance dispensed.
            (D) The date the controlled substance is
        dispensed.
            (E) The quantity of the controlled substance
        dispensed and days supply.
            (F) The dispenser's United States Drug Enforcement
        Administration registration number.
            (G) The prescriber's United States Drug
        Enforcement Administration registration number.
            (H) The dates the controlled substance
        prescription is filled.
            (I) The payment type used to purchase the
        controlled substance (i.e. Medicaid, cash, third party
        insurance).
            (J) The patient location code (i.e. home, nursing
        home, outpatient, etc.) for the controlled substances
        other than those filled at a retail pharmacy.
            (K) Any additional information that may be
        required by the department by administrative rule,
        including but not limited to information required for
        compliance with the criteria for electronic reporting
        of the American Society for Automation and Pharmacy or
        its successor.
        (2) The information required to be transmitted under
    this Section must be transmitted not later than the end of
    the next business day after the date on which a controlled
    substance is dispensed, or at such other time as may be
    required by the Department by administrative rule.
        (3) A dispenser must transmit the information required
    under this Section by:
            (A) an electronic device compatible with the
        receiving device of the central repository;
            (B) a computer diskette;
            (C) a magnetic tape; or
            (D) a pharmacy universal claim form or Pharmacy
        Inventory Control form. ;
        (4) The Department may impose a civil fine of up to
    $100 per day for willful failure to report controlled
    substance dispensing to the Prescription Monitoring
    Program. The fine shall be calculated on no more than the
    number of days from the time the report was required to be
    made until the time the problem was resolved, and shall be
    payable to the Prescription Monitoring Program.
    (a-5) Notwithstanding subsection (a), a licensed
veterinarian is exempt from the reporting requirements of this
Section. If a person who is presenting an animal for treatment
is suspected of fraudulently obtaining any controlled
substance or prescription for a controlled substance, the
licensed veterinarian shall report that information to the
local law enforcement agency.
    (b) The Department, by rule, may include in the
Prescription Monitoring Program certain other select drugs
that are not included in Schedule II, III, IV, or V. The
Prescription Monitoring Program does not apply to controlled
substance prescriptions as exempted under Section 313.
    (c) The collection of data on select drugs and scheduled
substances by the Prescription Monitoring Program may be used
as a tool for addressing oversight requirements of long-term
care institutions as set forth by Public Act 96-1372. Long-term
care pharmacies shall transmit patient medication profiles to
the Prescription Monitoring Program monthly or more frequently
as established by administrative rule.
    (d) The Department of Human Services shall appoint a
full-time Clinical Director of the Prescription Monitoring
Program.
    (e) (Blank).
    (f) Within one year of January 1, 2018 (the effective date
of Public Act 100-564) this amendatory Act of the 100th General
Assembly, the Department shall adopt rules requiring all
Electronic Health Records Systems to interface with the
Prescription Monitoring Program application program on or
before January 1, 2021 to ensure that all providers have access
to specific patient records during the treatment of their
patients. These rules shall also address the electronic
integration of pharmacy records with the Prescription
Monitoring Program to allow for faster transmission of the
information required under this Section. The Department shall
establish actions to be taken if a prescriber's Electronic
Health Records System does not effectively interface with the
Prescription Monitoring Program within the required timeline.
    (g) The Department, in consultation with the Advisory
Committee, shall adopt rules allowing licensed prescribers or
pharmacists who have registered to access the Prescription
Monitoring Program to authorize a licensed or non-licensed
designee employed in that licensed prescriber's office or a
licensed designee in a licensed pharmacist's pharmacy, and who
has received training in the federal Health Insurance
Portability and Accountability Act to consult the Prescription
Monitoring Program on their behalf. The rules shall include
reasonable parameters concerning a practitioner's authority to
authorize a designee, and the eligibility of a person to be
selected as a designee. In this subsection (g), "pharmacist"
shall include a clinical pharmacist employed by and designated
by a Medicaid Managed Care Organization providing services
under Article V of the Illinois Public Aid Code under a
contract with the Department of Healthcare Health and Family
Services for the sole purpose of clinical review of services
provided to persons covered by the entity under the contract to
determine compliance with subsections (a) and (b) of Section
314.5 of this Act. A managed care entity pharmacist shall
notify prescribers of review activities.
(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18;
100-861, eff. 8-14-18; 100-1005, eff. 8-21-18; 100-1093, eff.
8-26-18; revised 2-20-19.)
 
    (720 ILCS 570/320)
    Sec. 320. Advisory committee.
    (a) There is created a Prescription Monitoring Program
Advisory Committee to assist the Department of Human Services
in implementing the Prescription Monitoring Program created by
this Article and to advise the Department on the professional
performance of prescribers and dispensers and other matters
germane to the advisory committee's field of competence.
    (b) The Prescription Monitoring Program Advisory Committee
shall consist of 15 16 members appointed by the Clinical
Director of the Prescription Monitoring Program composed of
prescribers and dispensers licensed to practice medicine in his
or her respective profession as follows: one family or primary
care physician; one pain specialist physician; 4 other
physicians, one of whom may be an ophthalmologist; 2 advanced
practice registered nurses; one physician assistant; one
optometrist; one dentist; one veterinarian; one clinical
representative from a statewide organization representing
hospitals; and 3 pharmacists. The Advisory Committee members
serving on August 26, 2018 (the effective date of Public Act
100-1093) this amendatory Act of the 100th General Assembly
shall continue to serve until January 1, 2019. Prescriber and
dispenser nominations for membership on the Committee shall be
submitted by their respective professional associations. If
there are more nominees than membership positions for a
prescriber or dispenser category, as provided in this
subsection (b), the Clinical Director of the Prescription
Monitoring Program shall appoint a member or members for each
profession as provided in this subsection (b), from the
nominations to serve on the advisory committee. At the first
meeting of the Committee in 2019 members shall draw lots for
initial terms and 6 members shall serve 3 years, 5 members
shall serve 2 years, and 5 members shall serve one year.
Thereafter, members shall serve 3-year 3 year terms. Members
may serve more than one term but no more than 3 terms. The
Clinical Director of the Prescription Monitoring Program may
appoint a representative of an organization representing a
profession required to be appointed. The Clinical Director of
the Prescription Monitoring Program shall serve as the
Secretary of the committee.
    (c) The advisory committee may appoint a chairperson and
other officers as it deems appropriate.
    (d) The members of the advisory committee shall receive no
compensation for their services as members of the advisory
committee, unless appropriated by the General Assembly, but may
be reimbursed for their actual expenses incurred in serving on
the advisory committee.
    (e) The advisory committee shall:
        (1) provide a uniform approach to reviewing this Act in
    order to determine whether changes should be recommended to
    the General Assembly;
        (2) review current drug schedules in order to manage
    changes to the administrative rules pertaining to the
    utilization of this Act;
        (3) review the following: current clinical guidelines
    developed by health care professional organizations on the
    prescribing of opioids or other controlled substances;
    accredited continuing education programs related to
    prescribing and dispensing; programs or information
    developed by health care professional organizations that
    may be used to assess patients or help ensure compliance
    with prescriptions; updates from the Food and Drug
    Administration, the Centers for Disease Control and
    Prevention, and other public and private organizations
    which are relevant to prescribing and dispensing; relevant
    medical studies; and other publications which involve the
    prescription of controlled substances;
        (4) make recommendations for inclusion of these
    materials or other studies which may be effective resources
    for prescribers and dispensers on the Internet website of
    the inquiry system established under Section 318;
        (5) semi-annually review the content of the Internet
    website of the inquiry system established pursuant to
    Section 318 to ensure this Internet website has the most
    current available information;
        (6) semi-annually review opportunities for federal
    grants and other forms of funding to support projects which
    will increase the number of pilot programs which integrate
    the inquiry system with electronic health records; and
        (7) semi-annually review communication to be sent to
    all registered users of the inquiry system established
    pursuant to Section 318, including recommendations for
    relevant accredited continuing education and information
    regarding prescribing and dispensing.
    (f) The Advisory Committee shall select from its members 10
11 members of the Peer Review Committee composed of: 6, and one
dentist,
        (1) 3 physicians;
        (2) 3 pharmacists;
        (3) one dentist;
        (4) one advanced practice registered nurse;
        (4.5) (blank) one veterinarian;
        (5) one physician assistant; and
        (6) one optometrist.
    The purpose of the Peer Review Committee is to establish a
formal peer review of professional performance of prescribers
and dispensers. The deliberations, information, and
communications of the Peer Review Committee are privileged and
confidential and shall not be disclosed in any manner except in
accordance with current law.
        (1) The Peer Review Committee shall periodically
    review the data contained within the prescription
    monitoring program to identify those prescribers or
    dispensers who may be prescribing or dispensing outside the
    currently accepted standard and practice of their
    profession. The Peer Review Committee member, whose
    profession is the same as the prescriber or dispenser being
    reviewed, shall prepare a preliminary report and
    recommendation for any non-action or action. The
    Prescription Monitoring Program Clinical Director and
    staff shall provide the necessary assistance and data as
    required.
        (2) The Peer Review Committee may identify prescribers
    or dispensers who may be prescribing outside the currently
    accepted medical standards in the course of their
    professional practice and send the identified prescriber
    or dispenser a request for information regarding their
    prescribing or dispensing practices. This request for
    information shall be sent via certified mail, return
    receipt requested. A prescriber or dispenser shall have 30
    days to respond to the request for information.
        (3) The Peer Review Committee shall refer a prescriber
    or a dispenser to the Department of Financial and
    Professional Regulation in the following situations:
            (i) if a prescriber or dispenser does not respond
        to three successive requests for information;
            (ii) in the opinion of a majority of members of the
        Peer Review Committee, the prescriber or dispenser
        does not have a satisfactory explanation for the
        practices identified by the Peer Review Committee in
        its request for information; or
            (iii) following communications with the Peer
        Review Committee, the prescriber or dispenser does not
        sufficiently rectify the practices identified in the
        request for information in the opinion of a majority of
        the members of the Peer Review Committee.
        (4) The Department of Financial and Professional
    Regulation may initiate an investigation and discipline in
    accordance with current laws and rules for any prescriber
    or dispenser referred by the Peer Review Committee peer
    review subcommittee.
        (5) The Peer Review Committee shall prepare an annual
    report starting on July 1, 2017. This report shall contain
    the following information: the number of times the Peer
    Review Committee was convened; the number of prescribers or
    dispensers who were reviewed by the Peer Review Committee;
    the number of requests for information sent out by the Peer
    Review Committee; and the number of prescribers or
    dispensers referred to the Department of Financial and
    Professional Regulation. The annual report shall be
    delivered electronically to the Department and to the
    General Assembly. The report to the General Assembly shall
    be filed with the Clerk of the House of Representatives and
    the Secretary of the Senate in electronic form only, in the
    manner that the Clerk and the Secretary shall direct. The
    report prepared by the Peer Review Committee shall not
    identify any prescriber, dispenser, or patient.
(Source: P.A. 99-480, eff. 9-9-15; 100-513, eff. 1-1-18;
100-861, eff. 8-14-18; 100-1093, eff. 8-26-18; revised
10-3-18.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.