Full Text of SB2952 100th General Assembly
SB2952sam004 100TH GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 5/3/2018
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| 1 | | AMENDMENT TO SENATE BILL 2952
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2952, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Controlled Substances Act is | 6 | | amended by changing Sections 316, 318, and 320 as follows:
| 7 | | (720 ILCS 570/316)
| 8 | | Sec. 316. Prescription Monitoring Program. | 9 | | (a) The Department must provide for a
Prescription | 10 | | Monitoring Program for Schedule II, III, IV, and V controlled | 11 | | substances that includes the following components and | 12 | | requirements:
| 13 | | (1) The
dispenser must transmit to the
central | 14 | | repository, in a form and manner specified by the | 15 | | Department, the following information:
| 16 | | (A) The recipient's name and address.
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| 1 | | (B) The recipient's date of birth and gender.
| 2 | | (C) The national drug code number of the controlled
| 3 | | substance
dispensed.
| 4 | | (D) The date the controlled substance is | 5 | | dispensed.
| 6 | | (E) The quantity of the controlled substance | 7 | | dispensed and days supply.
| 8 | | (F) The dispenser's United States Drug Enforcement | 9 | | Administration
registration number.
| 10 | | (G) The prescriber's United States Drug | 11 | | Enforcement Administration
registration number.
| 12 | | (H) The dates the controlled substance | 13 | | prescription is filled. | 14 | | (I) The payment type used to purchase the | 15 | | controlled substance (i.e. Medicaid, cash, third party | 16 | | insurance). | 17 | | (J) The patient location code (i.e. home, nursing | 18 | | home, outpatient, etc.) for the controlled substances | 19 | | other than those filled at a retail pharmacy. | 20 | | (K) Any additional information that may be | 21 | | required by the department by administrative rule, | 22 | | including but not limited to information required for | 23 | | compliance with the criteria for electronic reporting | 24 | | of the American Society for Automation and Pharmacy or | 25 | | its successor. | 26 | | (2) The information required to be transmitted under |
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| 1 | | this Section must be
transmitted not later than the end of | 2 | | the next business day after the date on which a
controlled | 3 | | substance is dispensed, or at such other time as may be | 4 | | required by the Department by administrative rule.
| 5 | | (3) A dispenser must transmit the information required | 6 | | under this Section
by:
| 7 | | (A) an electronic device compatible with the | 8 | | receiving device of the
central repository;
| 9 | | (B) a computer diskette;
| 10 | | (C) a magnetic tape; or
| 11 | | (D) a pharmacy universal claim form or Pharmacy | 12 | | Inventory Control form;
| 13 | | (4) The Department may impose a civil fine of up to | 14 | | $100 per day for willful failure to report controlled | 15 | | substance dispensing to the Prescription Monitoring | 16 | | Program. The fine shall be calculated on no more than the | 17 | | number of days from the time the report was required to be | 18 | | made until the time the problem was resolved, and shall be | 19 | | payable to the Prescription Monitoring Program.
| 20 | | (b) The Department, by rule, may include in the | 21 | | Prescription Monitoring Program certain other select drugs | 22 | | that are not included in Schedule II, III, IV, or V. The | 23 | | Prescription Monitoring Program does not apply to
controlled | 24 | | substance prescriptions as exempted under Section
313.
| 25 | | (c) The collection of data on select drugs and scheduled | 26 | | substances by the Prescription Monitoring Program may be used |
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| 1 | | as a tool for addressing oversight requirements of long-term | 2 | | care institutions as set forth by Public Act 96-1372. Long-term | 3 | | care pharmacies shall transmit patient medication profiles to | 4 | | the Prescription Monitoring Program monthly or more frequently | 5 | | as established by administrative rule. | 6 | | (d) The Department of Human Services shall appoint a | 7 | | full-time Clinical Director of the Prescription Monitoring | 8 | | Program. | 9 | | (e) (Blank). | 10 | | (f) Within one year of the effective date of this | 11 | | amendatory Act of the 100th General Assembly, the Department | 12 | | shall adopt rules requiring all Electronic Health Records | 13 | | Systems to interface with the Prescription Monitoring Program | 14 | | application program on or before January 1, 2021 to ensure that | 15 | | all providers have access to specific patient records during | 16 | | the treatment of their patients. These rules shall also address | 17 | | the electronic integration of pharmacy records with the | 18 | | Prescription Monitoring Program to allow for faster | 19 | | transmission of the information required under this Section. | 20 | | The Department shall establish actions to be taken if a | 21 | | prescriber's Electronic Health Records System does not | 22 | | effectively interface with the Prescription Monitoring Program | 23 | | within the required timeline. | 24 | | (g) The Department, in consultation with the Advisory | 25 | | Committee, shall adopt rules allowing licensed prescribers or | 26 | | pharmacists who have registered to access the Prescription |
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| 1 | | Monitoring Program to authorize a licensed or non-licensed | 2 | | designee employed in that licensed prescriber's office or a | 3 | | licensed designee in a licensed pharmacist's pharmacy, and who | 4 | | has received training in the federal Health Insurance | 5 | | Portability and Accountability Act to consult the Prescription | 6 | | Monitoring Program on their behalf. The rules shall include | 7 | | reasonable parameters concerning a practitioner's authority to | 8 | | authorize a designee, and the eligibility of a person to be | 9 | | selected as a designee. | 10 | | (Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
| 11 | | (720 ILCS 570/318)
| 12 | | Sec. 318. Confidentiality of information.
| 13 | | (a) Information received by the central repository under | 14 | | Section 316 and former Section 321
is confidential.
| 15 | | (a-1) To ensure the federal Health Insurance Portability | 16 | | and Accountability Act privacy of an individual's prescription | 17 | | data reported to the Prescription Monitoring Program received | 18 | | from a retail dispenser under this Act, and in order to execute | 19 | | the duties and responsibilities under Section 316 of this Act | 20 | | and rules for disclosure under this Section, the Clinical | 21 | | Director of the Prescription Monitoring Program or his or her | 22 | | designee shall maintain direct access to all Prescription | 23 | | Monitoring Program data. Any request for Prescription | 24 | | Monitoring Program data from any other department or agency | 25 | | must be approved in writing by the Clinical Director of the |
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| 1 | | Prescription Monitoring Program or his or her designee unless | 2 | | otherwise permitted by law. Prescription Monitoring Program | 3 | | data shall only be disclosed as permitted by law. | 4 | | (a-2) As an active step to address the current opioid | 5 | | crisis in this State and to prevent and reduce addiction | 6 | | resulting from a sports injury or an accident, the Prescription | 7 | | Monitoring Program and the Department of Public Health shall | 8 | | coordinate a continuous review of the Prescription Monitoring | 9 | | Program and the Department of Public Health data to determine | 10 | | if a patient may be at risk of opioid addiction. Each patient | 11 | | discharged from any medical facility with an International | 12 | | Classification of Disease, 10th edition code related to a sport | 13 | | or accident injury shall be subject to the data review. If the | 14 | | discharged patient is dispensed a controlled substance, the | 15 | | Prescription Monitoring Program shall alert the patient's | 16 | | prescriber as to the addiction risk and urge each to follow the | 17 | | Centers for Disease Control and Prevention guidelines or his or | 18 | | her respective profession's treatment guidelines related to | 19 | | the patient's injury. This subsection (a-2), other than this | 20 | | sentence, is inoperative on or after January 1, 2024. | 21 | | (b) The Department must carry out a program to protect the
| 22 | | confidentiality of the information described in subsection | 23 | | (a). The Department
may
disclose the information to another | 24 | | person only under
subsection (c), (d), or (f) and may charge a | 25 | | fee not to exceed the actual cost
of
furnishing the
| 26 | | information.
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| 1 | | (c) The Department may disclose confidential information | 2 | | described
in subsection (a) to any person who is engaged in | 3 | | receiving, processing, or
storing the information.
| 4 | | (d) The Department may release confidential information | 5 | | described
in subsection (a) to the following persons:
| 6 | | (1) A governing body
that licenses practitioners and is | 7 | | engaged in an investigation, an
adjudication,
or a | 8 | | prosecution of a violation under any State or federal law | 9 | | that involves a
controlled substance.
| 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 the | 14 | | Attorney General,
who is engaged in any of the following | 15 | | activities involving controlled
substances:
| 16 | | (A) an investigation;
| 17 | | (B) an adjudication; or
| 18 | | (C) a prosecution
of a violation under any State or | 19 | | federal law that involves a controlled
substance.
| 20 | | (3) A law enforcement officer who is:
| 21 | | (A) authorized by the Illinois State Police or the | 22 | | office of a county sheriff or State's Attorney or
| 23 | | municipal police department of Illinois to receive
| 24 | | information
of the type requested for the purpose of | 25 | | investigations involving controlled
substances; or
| 26 | | (B) approved by the Department to receive |
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| 1 | | information of the
type requested for the purpose of | 2 | | investigations involving controlled
substances; and
| 3 | | (C) engaged in the investigation or prosecution of | 4 | | a violation
under
any State or federal law that | 5 | | involves a controlled substance.
| 6 | | (4) Select representatives of the Department of | 7 | | Children and Family Services through the indirect online | 8 | | request process. Access shall be established by an | 9 | | intergovernmental agreement between the Department of | 10 | | Children and Family Services and the Department of Human | 11 | | Services. | 12 | | (e) Before the Department releases confidential | 13 | | information under
subsection (d), the applicant must | 14 | | demonstrate in writing to the Department that:
| 15 | | (1) the applicant has reason to believe that a | 16 | | violation under any
State or
federal law that involves a | 17 | | controlled substance has occurred; and
| 18 | | (2) the requested information is reasonably related to | 19 | | the investigation,
adjudication, or prosecution of the | 20 | | violation described in subdivision (1).
| 21 | | (f) The Department may receive and release prescription | 22 | | record information under Section 316 and former Section 321 to:
| 23 | | (1) a governing
body that licenses practitioners;
| 24 | | (2) an investigator for the Consumer Protection | 25 | | Division of the office of
the Attorney General, a | 26 | | prosecuting attorney, the Attorney General, a deputy
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| 1 | | Attorney General, or an investigator from the office of the | 2 | | Attorney General;
| 3 | | (3) any Illinois law enforcement officer who is:
| 4 | | (A) authorized to receive the type of
information | 5 | | released; and
| 6 | | (B) approved by the Department to receive the type | 7 | | of
information released; or
| 8 | | (4) prescription monitoring entities in other states | 9 | | per the provisions outlined in subsection (g) and (h) | 10 | | below;
| 11 | | confidential prescription record information collected under | 12 | | Sections 316 and 321 (now repealed) that identifies vendors or
| 13 | | practitioners, or both, who are prescribing or dispensing large | 14 | | quantities of
Schedule II, III, IV, or V controlled
substances | 15 | | outside the scope of their practice, pharmacy, or business, as | 16 | | determined by the Advisory Committee created by Section 320.
| 17 | | (g) The information described in subsection (f) may not be | 18 | | released until it
has been reviewed by an employee of the | 19 | | Department who is licensed as a
prescriber or a dispenser
and | 20 | | until that employee has certified
that further investigation is | 21 | | warranted. However, failure to comply with this
subsection (g) | 22 | | does not invalidate the use of any evidence that is otherwise
| 23 | | admissible in a proceeding described in subsection (h).
| 24 | | (h) An investigator or a law enforcement officer receiving | 25 | | confidential
information under subsection (c), (d), or (f) may | 26 | | disclose the information to a
law enforcement officer or an |
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| 1 | | attorney for the office of the Attorney General
for use as | 2 | | evidence in the following:
| 3 | | (1) A proceeding under any State or federal law that | 4 | | involves a
controlled substance.
| 5 | | (2) A criminal proceeding or a proceeding in juvenile | 6 | | court that involves
a controlled substance.
| 7 | | (i) The Department may compile statistical reports from the
| 8 | | information described in subsection (a). The reports must not | 9 | | include
information that identifies, by name, license or | 10 | | address, any practitioner, dispenser, ultimate user, or other | 11 | | person
administering a controlled substance.
| 12 | | (j) Based upon federal, initial and maintenance funding, a | 13 | | prescriber and dispenser inquiry system shall be developed to | 14 | | assist the health care community in its goal of effective | 15 | | clinical practice and to prevent patients from diverting or | 16 | | abusing medications.
| 17 | | (1) An inquirer shall have read-only access to a | 18 | | stand-alone database which shall contain records for the | 19 | | previous 12 months. | 20 | | (2) Dispensers may, upon positive and secure | 21 | | identification, make an inquiry on a patient or customer | 22 | | solely for a medical purpose as delineated within the | 23 | | federal HIPAA law. | 24 | | (3) The Department shall provide a one-to-one secure | 25 | | link and encrypted software necessary to establish the link | 26 | | between an inquirer and the Department. Technical |
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| 1 | | assistance shall also be provided. | 2 | | (4) Written inquiries are acceptable but must include | 3 | | the fee and the requestor's Drug Enforcement | 4 | | Administration license number and submitted upon the | 5 | | requestor's business stationery. | 6 | | (5) As directed by the Prescription Monitoring Program | 7 | | Advisory Committee and the Clinical Director for the | 8 | | Prescription Monitoring Program, aggregate data that does | 9 | | not indicate any prescriber, practitioner, dispenser, or | 10 | | patient may be used for clinical studies. | 11 | | (6) Tracking analysis shall be established and used per | 12 | | administrative rule. | 13 | | (7) Nothing in this Act or Illinois law shall be | 14 | | construed to require a prescriber or dispenser to make use | 15 | | of this inquiry system.
| 16 | | (8) If there is an adverse outcome because of a | 17 | | prescriber or dispenser making an inquiry, which is | 18 | | initiated in good faith, the prescriber or dispenser shall | 19 | | be held harmless from any civil liability.
| 20 | | (k) The Department shall establish, by rule, the process by | 21 | | which to evaluate possible erroneous association of | 22 | | prescriptions to any licensed prescriber or end user of the | 23 | | Illinois Prescription Information Library (PIL). | 24 | | (l) The Prescription Monitoring Program Advisory Committee | 25 | | is authorized to evaluate the need for and method of | 26 | | establishing a patient specific identifier. |
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| 1 | | (m) Patients who identify prescriptions attributed to them | 2 | | that were not obtained by them shall be given access to their | 3 | | personal prescription history pursuant to the validation | 4 | | process as set forth by administrative rule. | 5 | | (n) The Prescription Monitoring Program is authorized to | 6 | | develop operational push reports to entities with compatible | 7 | | electronic medical records. The process shall be covered within | 8 | | administrative rule established by the Department. | 9 | | (o) Hospital emergency departments and freestanding | 10 | | healthcare facilities providing healthcare to walk-in patients | 11 | | may obtain, for the purpose of improving patient care, a unique | 12 | | identifier for each shift to utilize the PIL system. | 13 | | (p) The Prescription Monitoring Program shall | 14 | | automatically create a log-in to the inquiry system when a | 15 | | prescriber or dispenser obtains or renews his or her controlled | 16 | | substance license. The Department of Financial and | 17 | | Professional Regulation must provide the Prescription | 18 | | Monitoring Program with electronic access to the license | 19 | | information of a prescriber or dispenser to facilitate the | 20 | | creation of this profile. The Prescription Monitoring Program | 21 | | shall send the prescriber or dispenser information regarding | 22 | | the inquiry system, including instructions on how to log into | 23 | | the system, instructions on how to use the system to promote | 24 | | effective clinical practice, and opportunities for continuing | 25 | | education for the prescribing of controlled substances. The | 26 | | Prescription Monitoring Program shall also send to all enrolled |
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| 1 | | prescribers, dispensers, and designees information regarding | 2 | | the unsolicited reports produced pursuant to Section 314.5 of | 3 | | this Act. | 4 | | (q) A prescriber or dispenser may authorize a designee to | 5 | | consult the inquiry system established by the Department under | 6 | | this subsection on his or her behalf, provided that all the | 7 | | following conditions are met: | 8 | | (1) the designee so authorized is employed by the same | 9 | | hospital or health care system; is employed by the same | 10 | | professional practice; or is under contract with such | 11 | | practice, hospital, or health care system; | 12 | | (2) the prescriber or dispenser takes reasonable steps | 13 | | to ensure that such designee is sufficiently competent in | 14 | | the use of the inquiry system; | 15 | | (3) the prescriber or dispenser remains responsible | 16 | | for ensuring that access to the inquiry system by the | 17 | | designee is limited to authorized purposes and occurs in a | 18 | | manner that protects the confidentiality of the | 19 | | information obtained from the inquiry system, and remains | 20 | | responsible for any breach of confidentiality; and | 21 | | (4) the ultimate decision as to whether or not to | 22 | | prescribe or dispense a controlled substance remains with | 23 | | the prescriber or dispenser. | 24 | | The Prescription Monitoring Program shall send to | 25 | | registered designees information regarding the inquiry system, | 26 | | including instructions on how to log onto the system. |
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| 1 | | (r) The Prescription Monitoring Program shall maintain an | 2 | | Internet website in conjunction with its prescriber and | 3 | | dispenser inquiry system. This website shall include, at a | 4 | | minimum, the following information: | 5 | | (1) current clinical guidelines developed by health | 6 | | care professional organizations on the prescribing of | 7 | | opioids or other controlled substances as determined by the | 8 | | Advisory Committee; | 9 | | (2) accredited continuing education programs related | 10 | | to prescribing of controlled substances; | 11 | | (3) programs or information developed by health care | 12 | | professionals that may be used to assess patients or help | 13 | | ensure compliance with prescriptions; | 14 | | (4) updates from the Food and Drug Administration, the | 15 | | Centers for Disease Control and Prevention, and other | 16 | | public and private organizations which are relevant to | 17 | | prescribing; | 18 | | (5) relevant medical studies related to prescribing; | 19 | | (6) other information regarding the prescription of | 20 | | controlled substances; and | 21 | | (7) information regarding prescription drug disposal | 22 | | events, including take-back programs or other disposal | 23 | | options or events. | 24 | | The content of the Internet website shall be periodically | 25 | | reviewed by the Prescription Monitoring Program Advisory | 26 | | Committee as set forth in Section 320 and updated in accordance |
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| 1 | | with the recommendation of the advisory committee. | 2 | | (s) The Prescription Monitoring Program shall regularly | 3 | | send electronic updates to the registered users of the Program. | 4 | | The Prescription Monitoring Program Advisory Committee shall | 5 | | review any communications sent to registered users and also | 6 | | make recommendations for communications as set forth in Section | 7 | | 320. These updates shall include the following information: | 8 | | (1) opportunities for accredited continuing education | 9 | | programs related to prescribing of controlled substances; | 10 | | (2) current clinical guidelines developed by health | 11 | | care professional organizations on the prescribing of | 12 | | opioids or other drugs as determined by the Advisory | 13 | | Committee; | 14 | | (3) programs or information developed by health care | 15 | | professionals that may be used to assess patients or help | 16 | | ensure compliance with prescriptions; | 17 | | (4) updates from the Food and Drug Administration, the | 18 | | Centers for Disease Control and Prevention, and other | 19 | | public and private organizations which are relevant to | 20 | | prescribing; | 21 | | (5) relevant medical studies related to prescribing; | 22 | | (6) other information regarding prescribing of | 23 | | controlled substances; | 24 | | (7) information regarding prescription drug disposal | 25 | | events, including take-back programs or other disposal | 26 | | options or events; and |
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| 1 | | (8) reminders that the Prescription Monitoring Program | 2 | | is a useful clinical tool. | 3 | | (Source: P.A. 99-480, eff. 9-9-15; 100-125, eff. 1-1-18 .)
| 4 | | (720 ILCS 570/320)
| 5 | | Sec. 320. Advisory committee.
| 6 | | (a) There is created a Prescription Monitoring Program | 7 | | Advisory Committee to
assist the Department of Human Services | 8 | | in implementing the Prescription Monitoring Program created by | 9 | | this Article and to advise the Department on the professional | 10 | | performance of prescribers and dispensers and other matters | 11 | | germane to the advisory committee's field of competence.
| 12 | | (b) The Prescription Monitoring Program Advisory Committee | 13 | | shall consist of 12 members appointed by the Clinical Director | 14 | | of the Prescription Monitoring Program The Clinical Director of | 15 | | the Prescription Monitoring Program shall appoint members to
| 16 | | serve on the advisory committee. The advisory committee shall | 17 | | be composed of prescribers and dispensers licensed to practice | 18 | | medicine in his or her respective profession as follows: 4 | 19 | | physicians licensed to practice medicine in all its branches ; | 20 | | one advanced practice registered nurse; one physician | 21 | | assistant; one optometrist or ophthalmologist ; one dentist; | 22 | | one podiatric physician; and 3 pharmacists. The Advisory | 23 | | Committee members serving on the effective date of this | 24 | | amendatory Act of the 100th General Assembly shall continue to | 25 | | serve until January 1, 2019. Prescriber and dispenser |
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| 1 | | nominations for membership on the Committee shall be submitted | 2 | | by their respective professional associations. If there are | 3 | | more nominees than membership positions for a prescriber or | 4 | | dispenser category, as provided in this subsection (b), the | 5 | | Clinical Director of the Prescription Monitoring Program shall | 6 | | appoint a member or members for each profession as provided in | 7 | | this subsection (b), from the nominations to
serve on the | 8 | | advisory committee. At the first meeting of the Committee in | 9 | | 2019 members shall draw lots for initial terms and 4 members | 10 | | shall serve 3 years, 4 members shall serve 2 years, and 4 | 11 | | members shall serve one year. Thereafter, members shall serve 3 | 12 | | year terms. Members may serve more than one term but no more | 13 | | than 3 terms. The Clinical Director of the Prescription | 14 | | Monitoring Program may appoint a representative of an | 15 | | organization representing a profession required to be | 16 | | appointed. The Clinical Director of the Prescription | 17 | | Monitoring Program shall serve as the Secretary chair of the | 18 | | committee.
| 19 | | (c) The advisory committee may appoint a chairperson and | 20 | | its other officers as it deems
appropriate.
| 21 | | (d) The members of the advisory committee shall receive no | 22 | | compensation for
their services as members of the advisory | 23 | | committee , unless appropriated by the General Assembly, but may | 24 | | be reimbursed for
their actual expenses incurred in serving on | 25 | | the advisory committee.
| 26 | | (e) The advisory committee shall: |
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| 1 | | (1) provide a uniform approach to reviewing this Act in | 2 | | order to determine whether changes should be recommended to | 3 | | the General Assembly; | 4 | | (2) review current drug schedules in order to manage | 5 | | changes to the administrative rules pertaining to the | 6 | | utilization of this Act; | 7 | | (3) review the following: current clinical guidelines | 8 | | developed by health care professional organizations on the | 9 | | prescribing of opioids or other controlled substances; | 10 | | accredited continuing education programs related to | 11 | | prescribing and dispensing; programs or information | 12 | | developed by health care professional organizations that | 13 | | may be used to assess patients or help ensure compliance | 14 | | with prescriptions; updates from the Food and Drug | 15 | | Administration, the Centers for Disease Control and | 16 | | Prevention, and other public and private organizations | 17 | | which are relevant to prescribing and dispensing; relevant | 18 | | medical studies; and other publications which involve the | 19 | | prescription of controlled substances; | 20 | | (4) make recommendations for inclusion of these | 21 | | materials or other studies which may be effective resources | 22 | | for prescribers and dispensers on the Internet website of | 23 | | the inquiry system established under Section 318; | 24 | | (5) semi-annually on at least a quarterly basis, review | 25 | | the content of the Internet website of the inquiry system | 26 | | established pursuant to Section 318 to ensure this Internet |
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| 1 | | website has the most current available information; | 2 | | (6) semi-annually on at least a quarterly basis, review | 3 | | opportunities for federal grants and other forms of funding | 4 | | to support projects which will increase the number of pilot | 5 | | programs which integrate the inquiry system with | 6 | | electronic health records; and | 7 | | (7) semi-annually on at least a quarterly basis, review | 8 | | communication to be sent to all registered users of the | 9 | | inquiry system established pursuant to Section 318, | 10 | | including recommendations for relevant accredited | 11 | | continuing education and information regarding prescribing | 12 | | and dispensing. | 13 | | (f) The Advisory Committee shall select from its members 11 | 14 | | members of the Peer Review Committee composed of: The Clinical | 15 | | Director of the Prescription Monitoring Program shall select 5 | 16 | | members, 3 physicians and 2 pharmacists, of the Prescription | 17 | | Monitoring Program Advisory Committee to serve as members of | 18 | | the peer review subcommittee. | 19 | | (1) 3 physicians; | 20 | | (2) 3 pharmacists; | 21 | | (3) one dentist; | 22 | | (4) one advanced practice registered nurse; | 23 | | (4.5) one veterinarian; | 24 | | (5) one physician assistant; and | 25 | | (6) one optometrist or ophthalmologist. | 26 | | The purpose of the Peer Review Committee peer review |
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| 1 | | subcommittee is to advise the Program on matters germane to the | 2 | | advisory committee's field of competence, establish a formal | 3 | | peer review of professional performance of prescribers and | 4 | | dispensers , and develop communications to transmit to | 5 | | prescribers and dispensers . The deliberations, information, | 6 | | and communications of the Peer Review Committee peer review | 7 | | subcommittee are privileged and confidential and shall not be | 8 | | disclosed in any manner except in accordance with current law. | 9 | | (1) The Peer Review Committee peer review subcommittee | 10 | | shall periodically review the data contained within the | 11 | | prescription monitoring program to identify those | 12 | | prescribers or dispensers who may be prescribing or | 13 | | dispensing outside the currently accepted standard and | 14 | | practice standards in the course of their profession | 15 | | professional practice . The Peer Review Committee member, | 16 | | whose profession is the same as the prescriber or dispenser | 17 | | being reviewed, shall prepare a preliminary report and | 18 | | recommendation for any non-action or action. The | 19 | | Prescription Monitoring Program Clinical Director and | 20 | | staff shall provide the necessary assistance and data as | 21 | | required. | 22 | | (2) The Peer Review Committee peer review subcommittee | 23 | | may identify prescribers or dispensers who may be | 24 | | prescribing outside the currently accepted medical | 25 | | standards in the course of their professional practice and | 26 | | send the identified prescriber or dispenser a request for |
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| 1 | | information regarding their prescribing or dispensing | 2 | | practices. This request for information shall be sent via | 3 | | certified mail, return receipt requested. A prescriber or | 4 | | dispenser shall have 30 days to respond to the request for | 5 | | information. | 6 | | (3) The Peer Review Committee peer review subcommittee | 7 | | shall refer a prescriber or a dispenser to the Department | 8 | | of Financial and Professional Regulation in the following | 9 | | situations: | 10 | | (i) if a prescriber or dispenser does not respond | 11 | | to three successive requests for information; | 12 | | (ii) in the opinion of a majority of members of the | 13 | | Peer Review Committee peer review subcommittee , the | 14 | | prescriber or dispenser does not have a satisfactory | 15 | | explanation for the practices identified by the Peer | 16 | | Review Committee peer review subcommittee in its | 17 | | request for information; or | 18 | | (iii) following communications with the Peer | 19 | | Review Committee peer review subcommittee , the | 20 | | prescriber or dispenser does not sufficiently rectify | 21 | | the practices identified in the request for | 22 | | information in the opinion of a majority of the members | 23 | | of the Peer Review Committee peer review subcommittee . | 24 | | (4) The Department of Financial and Professional | 25 | | Regulation may initiate an investigation and discipline in | 26 | | accordance with current laws and rules for any prescriber |
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| 1 | | or dispenser referred by the peer review subcommittee. | 2 | | (5) The Peer Review Committee peer review subcommittee | 3 | | shall prepare an annual report starting on July 1, 2017. | 4 | | This report shall contain the following information: the | 5 | | number of times the Peer Review Committee peer review | 6 | | subcommittee was convened; the number of prescribers or | 7 | | dispensers who were reviewed by the Peer Review Committee | 8 | | peer review committee ; the number of requests for | 9 | | information sent out by the Peer Review Committee peer | 10 | | review subcommittee ; and the number of prescribers or | 11 | | dispensers referred to the Department of Financial and | 12 | | Professional Regulation. The annual report shall be | 13 | | delivered electronically to the Department and to the | 14 | | General Assembly. The report to the General Assembly shall | 15 | | be filed with the Clerk of the House of Representatives and | 16 | | the Secretary of the Senate in electronic form only, in the | 17 | | manner that the Clerk and the Secretary shall direct. The | 18 | | report prepared by the Peer Review Committee peer review | 19 | | subcommittee shall not identify any prescriber, dispenser, | 20 | | or patient. | 21 | | (Source: P.A. 99-480, eff. 9-9-15; 100-513, eff. 1-1-18 .)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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