SB3184 100TH GENERAL ASSEMBLY

LRB100 20115 RLC 35398 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3184

Introduced 2/15/2018, by Sen. Scott M. Bennett

SYNOPSIS AS INTRODUCED:

720 ILCS 570/406.3 new

Amends the Illinois Controlled Substances Act. Creates the offense of unauthorized request or possession of a prescriber's Illinois controlled substance license or United States Drug Enforcement Administration registration. Provides that a person commits the offense when he or she knowingly: (1) requests the license number or registration number other than for: (A) prescribing or dispensing controlled substances; (B) insurance processing related to controlled substances; (C) professional employment; or (D) collecting credentials data under the Health Care Professional Credentials Data Collection Act; (2) possesses without authorization the prescriber's Illinois controlled substance license or United States Drug Enforcement Administration registration or prescriber's Illinois controlled substance license number or United States Drug Enforcement Administration registration number; or (3) uses the prescriber's Illinois controlled substance license number or United States Drug Enforcement Administration registration number to obtain any medication or to create a fraudulent prescription or order. Provides that a violation is a Class 4 felony for the first offense and a Class 3 felony for each subsequent offense. Provides that the fine for the first offense may not exceed $100,000 and the fine for each subsequent offense may not exceed $200,000. Adds a purpose clause concerning the opioid crisis.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Opioid crisis. In response to the opioid crisis, myriad federal and state actions have been declared:

(1) On October 26, 2017, the President of the United States directed the United States Department of Health and Human Services to declare the opioid crisis a public health emergency, and directed all relevant executive agencies to use all appropriate emergency authorities to address America's deadly opioid crisis.

(2) On September 6, 2017, Illinois Governor Bruce Rauner unveiled the Illinois Opioid Crisis Action plan, which seeks to reduce the anticipated number of opioid-related deaths by 33% in 3 years. Prevention, which is one of the 3 areas of focus for the plan, is addressed in the plan through the priority of safer prescribing and dispensing of opioids.

(3) Drug Enforcement Administration numbers can be found in electronic health records, which are vulnerable to snooping by rogue employees and cyberattacks.

(4) Drug Enforcement Administration numbers can also be found on every page of a prescriber's prescription pad, thus requiring someone who wants to forge a prescription to first obtain a prescriber's legitimate Drug Enforcement Administration number.

(5) Drug Enforcement Administration numbers are intended to be used to identify authorized prescribers of controlled substances. These numbers are often used by insurance companies and pharmacies, including mail order pharmacies, as a means of identifying providers for non-narcotic prescriptions and other administrative requirements.

(6) Unauthorized use of a prescriber's Drug Enforcement Administration number exposes prescribers to identity theft, billing fraud, and criminal investigation. This can mean that a prescriber is stripped of his or her license or his or her Drug Enforcement Administration prescribing privileges.

(7) It is in the interest of public health, and in keeping with the federal and State government's treatment of opioid addiction as a critical problem, that Drug Enforcement Administration numbers only be accessible for their intended purpose, which is the prescription on controlled substances. The more accessible Drug Enforcement Administration and other identification numbers are, the more likely it is that they will be used to request an illegal narcotic prescription.

Section 5. The Illinois Controlled Substances Act is amended by adding Section 406.3 as follows:

(720 ILCS 570/406.3 new)

Sec. 406.3. Unauthorized request or possession of a prescriber's Illinois controlled substance license or United States Drug Enforcement Administration registration.

(a) A person commits unauthorized request or possession of a prescriber's Illinois controlled substance license or United States Drug Enforcement Administration registration when he or she knowingly:

(1) requests the license number or registration number other than for:

(A) prescribing or dispensing controlled substances;

(B) insurance processing related to controlled substances;

(C) professional employment; or

(D) collecting credentials data under the Health Care Professional Credentials Data Collection Act;

(2) possesses without authorization the prescriber's Illinois controlled substance license or United States Drug Enforcement Administration registration or prescriber's Illinois controlled substance license number or United States Drug Enforcement Administration registration number; or

(3) uses the prescriber's Illinois controlled substance license number or United States Drug Enforcement Administration registration number to obtain any medication or to create a fraudulent prescription or order.

(b) Knowledge shall be determined by an evaluation of all circumstances surrounding possession or use of the prescriber's Illinois controlled substance license number or United States Drug Enforcement Administration registration number.

(c) Sentence. Unauthorized request or possession of a prescriber's Illinois controlled substance license or United States Drug Enforcement Administration registration is a Class 4 felony for the first offense and a Class 3 felony for each subsequent offense. The fine for the first offense may not exceed $100,000. The fine for each subsequent offense may not exceed $200,000.