Public Act 102-0527
 
SB1842 EnrolledLRB102 14897 KMF 20250 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. Findings. The General Assembly finds that:
        (1) Prior to August of 2020, the federal Substance 
    Abuse
and Mental Health Services Administration (SAMHSA) 
    and the
federal Confidentiality of Substance Use Disorder 
    Patient Records set
forth at 42 CFR 2, prohibited the 
    sharing of substance use disorder
treatment information by 
    opioid treatment programs with prescription
monitoring 
    programs.
        (2) In August 2020, SAMHSA amended 42 CFR 2 to permit

    the sharing of substance use disorder treatment 
    information by opioid
treatment programs with prescription 
    monitoring programs.
        (3) In light of the federal modification to 42 CFR 2 
    and the protections
available under federal and State law 
    and the express requirement of patient
consent, the 
    reporting by opioid treatment programs to the prescription

    monitoring program is permitted and will allow for better 
    coordination
of care among treating providers.
 
    Section 10. The Illinois Controlled Substances Act is 
amended  by changing Sections 314.5 and 316 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 5 3 or more 
prescribers or 5 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 6-month 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. 100-564, eff. 1-1-18; 101-414, eff. 8-16-19.)
 



    (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:

        (3.5) The requirements of paragraphs (1), (2), and (3)
 
    of this subsection  also apply to opioid treatment programs 
    that are
 licensed or certified by the Department of Human 
    Services'
Division of Substance Use Prevention and 
    Recovery and are
authorized by the federal Drug 
    Enforcement Administration to
prescribe Schedule II, III, 
    IV, or V controlled substances for
 the treatment of opioid 
    use disorders. Opioid treatment
 programs shall attempt to 
    obtain written patient consent, shall document attempts to 
    obtain the written consent, and shall not transmit 
    information without patient
 consent. Documentation 
    obtained under this paragraph shall not be utilized for 
    law
 enforcement purposes, as proscribed under  42 CFR 2,
 as 
    amended by 42 U.S.C. 290dd-2. Treatment of a patient
shall 
    not be conditioned upon his or her written consent. 
            (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), 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 Prescription 
Monitoring Program 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 who has received training in 
the federal Health Insurance Portability and Accountability 
Act and 42 CFR 2 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 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. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18; 
100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff. 
7-12-19; 101-414, eff. 8-16-19.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.