103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2364

 

Introduced 2/10/2023, by Sen. Laura Ellman

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 570/316
720 ILCS 570/317

    Amends the Illinois Controlled Substances Act. Eliminates the provision that the dispenser of a Schedule II, III, IV, or V controlled substance must transmit to the central repository the date the controlled substance is dispensed. Provides that a dispenser must transmit the information electronically as defined in administrative rules. Provides that it is the responsibility of the healthcare facility and its selected Electronic Health Records System or Pharmacy Management System to ensure integration with the Prescription Monitoring Program. Provides that within one year after the effective date of the amendatory Act, the Department of Human Services shall adopt rules requiring Electronic Health Records Systems and Pharmacy Management Systems to interface with the Prescription Monitoring Program application program on or before January 1, 2024 to ensure that providers have access to specific patient records during the treatment of their patients. Provides that these rules may define integration requirements and exceptions. Provides that these rules may also address the electronic integration of pharmacy records with the Prescription Monitoring Program to allow for faster transmission of the information required by these provisions. Provides that the Department may establish actions to be taken if a prescriber's Electronic Health Records System and Pharmacy Management Systems does not effectively interface with the Prescription Monitoring Program. Effective immediately.


LRB103 26987 RLC 53354 b

 

 

A BILL FOR

 

SB2364LRB103 26987 RLC 53354 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Controlled Substances Act is
5amended by changing Sections 316 and 317 as follows:
 
6    (720 ILCS 570/316)
7    Sec. 316. Prescription Monitoring Program.
8    (a) The Department must provide for a Prescription
9Monitoring Program for Schedule II, III, IV, and V controlled
10substances that includes the following components and
11requirements:
12        (1) The dispenser must transmit to the central
13    repository, in a form and manner specified by the
14    Department, the following information:
15            (A) The recipient's name and address.
16            (B) The recipient's date of birth and gender.
17            (C) The national drug code number of the
18        controlled substance dispensed.
19            (D) (Blank). The date the controlled substance is
20        dispensed.
21            (E) The quantity of the controlled substance
22        dispensed and days supply.
23            (F) The dispenser's United States Drug Enforcement

 

 

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1        Administration registration number.
2            (G) The prescriber's United States Drug
3        Enforcement Administration registration number.
4            (H) The dates the controlled substance
5        prescription is filled.
6            (I) The payment type used to purchase the
7        controlled substance (i.e. Medicaid, cash, third party
8        insurance).
9            (J) The patient location code (i.e. home, nursing
10        home, outpatient, etc.) for the controlled substances
11        other than those filled at a retail pharmacy.
12            (K) Any additional information that may be
13        required by the department by administrative rule,
14        including but not limited to information required for
15        compliance with the criteria for electronic reporting
16        of the American Society for Automation and Pharmacy or
17        its successor.
18        (2) The information required to be transmitted under
19    this Section must be transmitted not later than the end of
20    the business day on which a controlled substance is
21    dispensed, or at such other time as may be required by the
22    Department by administrative rule.
23        (3) A dispenser must transmit the information
24    electronically as defined in administrative rules required
25    under this Section by:
26            (A) an electronic device compatible with the

 

 

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1        receiving device of the central repository;
2            (B) a computer diskette;
3            (C) a magnetic tape; or
4            (D) a pharmacy universal claim form or Pharmacy
5        Inventory Control form.
6        (3.5) The requirements of paragraphs (1), (2), and (3)
7    of this subsection also apply to opioid treatment programs
8    that are licensed or certified by the Department of Human
9    Services' Division of Substance Use Prevention and
10    Recovery and are authorized by the federal Drug
11    Enforcement Administration to prescribe Schedule II, III,
12    IV, or V controlled substances for the treatment of opioid
13    use disorders. Opioid treatment programs shall attempt to
14    obtain written patient consent, shall document attempts to
15    obtain the written consent, and shall not transmit
16    information without patient consent. Documentation
17    obtained under this paragraph shall not be utilized for
18    law enforcement purposes, as proscribed under 42 CFR 2, as
19    amended by 42 U.S.C. 290dd-2. Treatment of a patient shall
20    not be conditioned upon his or her written consent.
21        (4) The Department may impose a civil fine of up to
22    $100 per day for willful failure to report controlled
23    substance dispensing to the Prescription Monitoring
24    Program. The fine shall be calculated on no more than the
25    number of days from the time the report was required to be
26    made until the time the problem was resolved, and shall be

 

 

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1    payable to the Prescription Monitoring Program.
2    (a-5) Notwithstanding subsection (a), a licensed
3veterinarian is exempt from the reporting requirements of this
4Section. If a person who is presenting an animal for treatment
5is suspected of fraudulently obtaining any controlled
6substance or prescription for a controlled substance, the
7licensed veterinarian shall report that information to the
8local law enforcement agency.
9    (b) The Department, by rule, may include in the
10Prescription Monitoring Program certain other select drugs
11that are not included in Schedule II, III, IV, or V. The
12Prescription Monitoring Program does not apply to controlled
13substance prescriptions as exempted under Section 313.
14    (c) The collection of data on select drugs and scheduled
15substances by the Prescription Monitoring Program may be used
16as a tool for addressing oversight requirements of long-term
17care institutions as set forth by Public Act 96-1372.
18Long-term care pharmacies shall transmit patient medication
19profiles to the Prescription Monitoring Program monthly or
20more frequently as established by administrative rule.
21    (d) The Department of Human Services shall appoint a
22full-time Clinical Director of the Prescription Monitoring
23Program.
24    (e) (Blank).
25    (f) It is the responsibility of the healthcare facility
26and its selected Electronic Health Records System or Pharmacy

 

 

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1Management System to ensure integration with the Prescription
2Monitoring Program. Within one year after the effective date
3of this amendatory Act of the 103rd General Assembly, the
4Department shall adopt rules requiring Electronic Health
5Records Systems and Pharmacy Management Systems to interface
6with the Prescription Monitoring Program application program
7on or before January 1, 2024 to ensure that providers have
8access to specific patient records during the treatment of
9their patients. These rules may define integration
10requirements and exceptions. These rules may also address the
11electronic integration of pharmacy records with the
12Prescription Monitoring Program to allow for faster
13transmission of the information required under this Section.
14The Department may establish actions to be taken if a
15prescriber's Electronic Health Records System and Pharmacy
16Management Systems does not effectively interface with the
17Prescription Monitoring Program. Within one year of January 1,
182018 (the effective date of Public Act 100-564), the
19Department shall adopt rules requiring all Electronic Health
20Records Systems to interface with the Prescription Monitoring
21Program application program on or before January 1, 2021 to
22ensure that all providers have access to specific patient
23records during the treatment of their patients. These rules
24shall also address the electronic integration of pharmacy
25records with the Prescription Monitoring Program to allow for
26faster transmission of the information required under this

 

 

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1Section. The Department shall establish actions to be taken if
2a prescriber's Electronic Health Records System does not
3effectively interface with the Prescription Monitoring Program
4within the required timeline.
5    (g) The Department, in consultation with the Prescription
6Monitoring Program Advisory Committee, shall adopt rules
7allowing licensed prescribers or pharmacists who have
8registered to access the Prescription Monitoring Program to
9authorize a licensed or non-licensed designee employed in that
10licensed prescriber's office or a licensed designee in a
11licensed pharmacist's pharmacy who has received training in
12the federal Health Insurance Portability and Accountability
13Act and 42 CFR 2 to consult the Prescription Monitoring
14Program on their behalf. The rules shall include reasonable
15parameters concerning a practitioner's authority to authorize
16a designee, and the eligibility of a person to be selected as a
17designee. In this subsection (g), "pharmacist" shall include a
18clinical pharmacist employed by and designated by a Medicaid
19Managed Care Organization providing services under Article V
20of the Illinois Public Aid Code under a contract with the
21Department of Healthcare and Family Services for the sole
22purpose of clinical review of services provided to persons
23covered by the entity under the contract to determine
24compliance with subsections (a) and (b) of Section 314.5 of
25this Act. A managed care entity pharmacist shall notify
26prescribers of review activities.

 

 

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1(Source: P.A. 101-81, eff. 7-12-19; 101-414, eff. 8-16-19;
2102-527, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
3    (720 ILCS 570/317)
4    Sec. 317. Central repository for collection of
5information.
6    (a) The Department must designate a central repository for
7the collection of information transmitted under Section 316
8and former Section 321.
9    (b) The central repository must do the following:
10        (1) Create a database for information required to be
11    transmitted under Section 316 in the form required under
12    rules adopted by the Department, including search
13    capability for the following:
14            (A) A recipient's name and address.
15            (B) A recipient's date of birth and gender.
16            (C) The national drug code number of a controlled
17        substance dispensed.
18            (D) (Blank). The dates a controlled substance is
19        dispensed.
20            (E) The quantities and days supply of a controlled
21        substance dispensed.
22            (F) A dispenser's Administration registration
23        number.
24            (G) A prescriber's Administration registration
25        number.

 

 

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1            (H) The dates the controlled substance
2        prescription is filled.
3            (I) The payment type used to purchase the
4        controlled substance (i.e. Medicaid, cash, third party
5        insurance).
6            (J) The patient location code (i.e. home, nursing
7        home, outpatient, etc.) for controlled substance
8        prescriptions other than those filled at a retail
9        pharmacy.
10        (2) Provide the Department with a database maintained
11    by the central repository. The Department of Financial and
12    Professional Regulation must provide the Department with
13    electronic access to the license information of a
14    prescriber or dispenser.
15        (3) Secure the information collected by the central
16    repository and the database maintained by the central
17    repository against access by unauthorized persons.
18    All prescribers shall designate one or more medical
19specialties or fields of medical care and treatment for which
20the prescriber prescribes controlled substances when
21registering with the Prescription Monitoring Program.
22    No fee shall be charged for access by a prescriber or
23dispenser.
24(Source: P.A. 99-480, eff. 9-9-15.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.