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| | 10100SB0411sam001 | - 2 - | LRB101 04187 SLF 57073 a |
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| 1 | | substance or prescription for a controlled substance is sought. |
| 2 | | (b) It shall be unlawful for a person knowingly or |
| 3 | | intentionally to fraudulently obtain or fraudulently seek to |
| 4 | | obtain any controlled substance from a pharmacy while being |
| 5 | | supplied with any controlled substance by another pharmacy, |
| 6 | | without disclosing the fact of the existing controlled |
| 7 | | substance to the pharmacy from which the subsequent controlled |
| 8 | | substance is sought. |
| 9 | | (c) A person may be in violation of Section 3.23 of the |
| 10 | | Illinois Food, Drug and Cosmetic Act or Section 406 of this Act |
| 11 | | when medication shopping or pharmacy shopping, or both. |
| 12 | | (c-5) Effective January 1, 2018, each prescriber |
| 13 | | possessing an Illinois controlled substances license shall |
| 14 | | register with the Prescription Monitoring Program. Each |
| 15 | | prescriber or his or her designee shall also document an |
| 16 | | attempt to access patient information in the Prescription |
| 17 | | Monitoring Program to assess patient access to controlled |
| 18 | | substances when providing an initial prescription or |
| 19 | | prescription refill for Schedule II narcotics such as opioids, |
| 20 | | except for prescriptions for oncology treatment or palliative |
| 21 | | care, or a 7-day or less supply provided by a hospital |
| 22 | | emergency department when treating an acute, traumatic medical |
| 23 | | condition. This attempt to access shall be documented in the |
| 24 | | patient's medical record. The hospital shall facilitate the |
| 25 | | designation of a prescriber's designee for the purpose of |
| 26 | | accessing the Prescription Monitoring Program for services |
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| | 10100SB0411sam001 | - 3 - | LRB101 04187 SLF 57073 a |
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| 1 | | provided at the hospital. |
| 2 | | (d) When a person has been identified as having 2 3 or more |
| 3 | | prescribers or 2 3 or more pharmacies, or both, that do not |
| 4 | | utilize a common electronic file as specified in Section 20 of |
| 5 | | the Pharmacy Practice Act for controlled substances within the |
| 6 | | course of a continuous 30-day period, the Prescription |
| 7 | | Monitoring Program shall may issue an unsolicited report to the |
| 8 | | prescribers, dispensers, and their designees informing them of |
| 9 | | the potential medication shopping. If an unsolicited report is |
| 10 | | issued to a prescriber or prescribers, then the
report must |
| 11 | | also be sent to the applicable dispensing pharmacy. |
| 12 | | (e) Nothing in this Section shall be construed to create a |
| 13 | | requirement that any prescriber, dispenser, or pharmacist |
| 14 | | request any patient medication disclosure, report any patient |
| 15 | | activity, or prescribe or refuse to prescribe or dispense any |
| 16 | | medications. |
| 17 | | (f) This Section shall not be construed to apply to |
| 18 | | inpatients or residents at hospitals or other institutions or |
| 19 | | to institutional pharmacies.
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| 20 | | (g) Any patient feedback, including grades, ratings, or |
| 21 | | written or verbal statements, in opposition to a clinical |
| 22 | | decision that the prescription of a controlled substance is not |
| 23 | | medically necessary shall not be the basis of any adverse |
| 24 | | action, evaluation, or any other type of negative |
| 25 | | credentialing, contracting, licensure, or employment action |
| 26 | | taken against a prescriber or dispenser. |