Bill Status of HB 691   95th General Assembly

Short Description:  PROHIBIT INTERNET PRESCRIBING

House Sponsors
Rep. Karen May-Mary E. Flowers-Elizabeth Coulson-Patricia R. Bellock-David E. Miller, Maria Antonia Berrios, Susana A Mendoza, Daniel J. Burke, Elaine Nekritz, Constance A. Howard, Karen A. Yarbrough, William Davis, Sara Feigenholtz, Kathleen A. Ryg, Naomi D. Jakobsson, Esther Golar, Jim Sacia, Ron Stephens, Bill Mitchell, Carolyn H. Krause and Mike Fortner

Senate Sponsors
(Sen. Donne E. Trotter and Dan Kotowski-Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
410 ILCS 620/3.23 new

Synopsis As Introduced
Amends the Illinois Food, Drug and Cosmetic Act. Provides that licensed prescribers may not knowingly prescribe medications for a patient via the Internet, World Wide Web, telephone, facsimile, or any other electronic means unless (1) the patient has been physically examined by the prescriber or has been given a documented patient evaluation, including health history and a physical examination, to establish the diagnosis for which any legend drug is prescribed; (2) the prescriber and the patient have discussed treatment options and the risks and benefits of treatment; and (3) the prescriber has maintained the patient's medical records. Provides that these provisions shall not be construed to prohibit patient care in certain circumstances or to prevent the electronic distribution of a prescription to a pharmacy. Provides that a person convicted of violating these provisions is guilty of a business offense and shall be fined not less than $1,000 for the first violation and not less than $2,000 for a second or subsequent violation. Requires a person convicted of violating this Section to be reported to the Division of Professional Regulation of the Department of Financial and Professional Regulation for appropriate licensing board review.

House Amendment No. 1
Provides that licensed prescribers may not knowingly prescribe controlled substances under the Illinois Controlled Substances Act for a patient via the Internet, World Wide Web, telephone, facsimile, or any other electronic means unless certain elements have been met.

House Amendment No. 2
Deletes reference to:
410 ILCS 620/3.23 new
Adds reference to:
225 ILCS 60/49.7 new

Deletes the reference to the Illinois Food, Drug and Cosmetic Act and replaces it with the Medical Practice Act of 1987.

 Fiscal Note, House Amendment No. 1 (Financial & Professional Regulation)
 HB 691 (H-AM 1) has a total fiscal impact of $242,352.00 to the Illinois Department of Financial and Professional Regulation, due to the need to hire two additional headcount titled Drug Compliance Investigator and Health Services Investigator 1, Option B. These positions are needed to absorb the estimated increase of case loads proposed by this legislation. The costs are as follows: (1) Personal Service and Related = $197,152.00 and (2) Other Operations = $37,600.00.

House Amendment No. 3
Deletes reference to:
410 ILCS 620/3.23 new
Adds reference to:
New Act
225 ILCS 25/23from Ch. 111, par. 2323
225 ILCS 60/22from Ch. 111, par. 4400-22
225 ILCS 65/15-50
225 ILCS 80/24from Ch. 111, par. 3924
225 ILCS 90/17from Ch. 111, par. 4267
225 ILCS 100/24from Ch. 111, par. 4824

Deletes everything after the enacting clause. Creates the Internet Prescribing Prohibition Act. Provides that licensed prescribers may not knowingly prescribe medications for a patient via the Internet, World Wide Web, telephone, facsimile, or any other electronic means unless (1) the patient has been physically examined by the prescriber or has been given a documented patient evaluation, including health history and a physical examination, to establish the diagnosis for which any legend drug is prescribed; (2) the prescriber and the patient have discussed treatment options and the risks and benefits of treatment; and (3) the prescriber has maintained the patient's medical records. Provides that these provisions shall not be construed to prohibit patient care in certain circumstances or to prevent the electronic distribution of a prescription to a pharmacy. Provides that a person convicted of violating these provisions is guilty of a business offense and shall be fined not less than $1,000 for the first violation and not less than $2,000 for a second or subsequent violation. Requires a person convicted of violating the Act to be reported to the Division of Professional Regulation of the Department of Financial and Professional Regulation for appropriate licensing board review. Amends the Medical Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Illinois Optometric Practice Act of 1987, the Illinois Dental Practice Act, the Illinois Physical Therapy Act, and the Nursing and Advanced Practice Nursing Act to provide that violation of the Internet Prescribing Prohibition Act constitutes grounds for disciplinary action under those Acts.

House Amendment No. 4
Deletes reference to:
225 ILCS 90/17from Ch. 11, par. 4267
Adds reference to:
225 ILCS 95/21

Provides that the Internet Prescribing Prohibition Act shall not be construed to prohibit patient care where a prescriber or his or her designee electronically or telephonically prescribes medication for a patient with an existing physician-patient relationship with the prescriber. Deletes a reference to the Illinois Physical Therapy Act. Amends the Physician Assistant Practice Act of 1987 to provide that a violation of the Internet Prescribing Prohibition Act constitutes grounds for disciplinary action under the Act.

Senate Committee Amendment No. 1
Deletes reference to:
225 ILCS 25/23
225 ILCS 80/24
225 ILCS 65/15-50
225 ILCS 95/21
225 ILCS 100/24
225 ILCS 60/22
Adds reference to:
New Act

Deletes everything after the enacting clause. Creates the Internet Prescribing Prohibition Act. Contains only a short title provision.

Senate Floor Amendment No. 2
Deletes reference to:
New Act
Adds reference to:
5 ILCS 375/10from Ch. 127, par. 530
20 ILCS 1705/18.5
30 ILCS 105/5.675 new
30 ILCS 105/6z-69 new
30 ILCS 105/8.27from Ch. 127, par. 144.27
210 ILCS 85/8from Ch. 111 1/2, par. 149
305 ILCS 5/5-5.4from Ch. 23, par. 5-5.4
305 ILCS 5/5-27 new
305 ILCS 5/5B-8from Ch. 23, par. 5B-8

Replaces everything after the enacting clause. Creates the FY08 Human Services Budget Implementation Act. Amends the State Employees Group Insurance Act of 1971, the Mental Health and Developmental Disabilities Administrative Act, the State Finance Act, the Hospital Licensing Act, and the Illinois Public Aid Code. Provides that the Local Government Health Insurance Reserve Fund is created as a nonappropriated trust fund to be held outside the State Treasury, with the State Treasurer as custodian, and that interest earned on moneys in the Local Government Health Insurance Reserve Fund shall be deposited into the Fund. Provides that beginning in State fiscal year 2008, any funds paid to the State by the federal government under Title XIX or Title XXI of the Social Security Act for services delivered through the Children's Residential Waiver and the Children's In-Home Support Waiver shall be deposited directly into the Community Developmental Disability Services Medicaid Trust Fund and shall not be subject to provisions authorizing transfers of moneys from that fund to the General Revenue Fund. Creates the Priority Capital Grant Program Fund as a special fund in the State treasury, provides that the Department of Human Services shall use moneys in the Fund to make grants to the Illinois Facilities Fund, a not-for-profit corporation, to make long term below market rate loans and grants to assist nonprofit human service providers working under contract to the State of Illinois to assist those providers in meeting their capital needs, and contains other provisions regarding the Fund. Provides that federal funds received pursuant to the John H. Chafee Foster Care Independence Program shall be deposited into the DCFS Children's Services Fund. Provides that, subject to specified provisions and prior to January 1, 2012, the Department of Public Health shall consider the re-licensing of an existing hospital structure according to the standards for an existing hospital, as set forth in the Department's rules, and that re-licensing under this provision shall occur only if that facility operated as a licensed hospital on July 1, 2005, has had no intervening use as other than a hospital, and exists in a county with a population of less than 20,000 that does not have another licensed hospital. In connection with Medicaid rates for nursing homes, provides that the socio-development component of the rate as of July 1, 2007 shall be increased by a factor of 2.53. Provides that the numerator of the ratio used by the Department of Healthcare and Family Services to compute the rate payable to nursing homes using the Minimum Data Set (MDS) methodology shall incorporate the following annual amounts as the additional funds appropriated to the Department specifically to pay for rates based on the MDS nursing component methodology in excess of the funding in effect on December 31, 2006: (i) for rates taking effect January 1, 2007, $60,000,000; and (ii) for rates taking effect October 1, 2007, $110,000,000. Provides that the support component of the rates taking effect on October 1, 2007 shall be computed using the most recent cost reports on file with the Department of Healthcare and Family Services no later than April 1, 2005, updated for inflation to January 1, 2006. Provides that for facilities licensed by the Department of Public Health under the Nursing Home Care Act as Intermediate Care for the Developmentally Disabled facilities or Long Term Care for Under Age 22 facilities, the rates taking effect on October 1, 2007 shall include a statewide increase of 2.5%, as defined by the Department of Healthcare and Family Services. Provides that: the Department of Healthcare and Family Services shall implement in State fiscal year 2008 a pilot mandatory managed care program requiring recipients to enroll with a Managed Care Entity that meets specified requirements and is under contract with the Department; the program shall be implemented in at least 2 contiguous counties with not less than 200,000 inhabitants and not more than 2,000,000 inhabitants; and the program shall have specified features. Authorizes disbursements from the Long-Term Care Provider Fund for reimbursement of expenses incurred by long-term care facilities, and payment of administrative expenses incurred by the Department of Public Health, in relation to the conduct and analysis of background checks for identified offenders under the Nursing Home Care Act. Effective immediately.

Actions 
DateChamber Action
  2/6/2007HouseFiled with the Clerk by Rep. Karen May
  2/6/2007HouseFirst Reading
  2/6/2007HouseReferred to Rules Committee
  2/8/2007HouseAssigned to Human Services Committee
  2/22/2007HouseHouse Amendment No. 1 Filed with Clerk by Human Services Committee
  2/22/2007HouseHouse Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  2/22/2007HouseDo Pass as Amended / Short Debate Human Services Committee; 009-000-000
  2/22/2007HousePlaced on Calendar 2nd Reading - Short Debate
  2/28/2007HouseHouse Amendment No. 2 Filed with Clerk by Rep. Karen May
  2/28/2007HouseHouse Amendment No. 2 Referred to Rules Committee
  3/1/2007HouseHouse Amendment No. 1 Fiscal Note Filed as Amended
  3/6/2007HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  3/6/2007HouseHouse Amendment No. 3 Filed with Clerk by Rep. Karen May
  3/6/2007HouseHouse Amendment No. 3 Referred to Rules Committee
  3/7/2007HouseHouse Amendment No. 3 Rules Refers to Human Services Committee
  3/8/2007HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  3/8/2007HouseAdded Chief Co-Sponsor Rep. Elizabeth Coulson
  3/8/2007HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  3/8/2007HouseAdded Chief Co-Sponsor Rep. David E. Miller
  3/14/2007HouseHouse Amendment No. 3 Recommends Be Adopted Human Services Committee; 009-000-000
  3/22/2007HouseHouse Amendment No. 4 Filed with Clerk by Rep. Karen May
  3/22/2007HouseHouse Amendment No. 4 Referred to Rules Committee
  3/22/2007HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  3/22/2007HouseAdded Co-Sponsor Rep. Susana A Mendoza
  3/22/2007HouseAdded Co-Sponsor Rep. Daniel J. Burke
  3/22/2007HouseAdded Co-Sponsor Rep. Elaine Nekritz
  3/22/2007HouseAdded Co-Sponsor Rep. Constance A. Howard
  3/22/2007HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  3/22/2007HouseAdded Co-Sponsor Rep. William Davis
  3/22/2007HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  3/27/2007HouseHouse Amendment No. 4 Recommends Be Adopted Rules Committee; 004-000-000
  3/27/2007HouseSecond Reading - Short Debate
  3/27/2007HouseHouse Amendment No. 2 Adopted by Voice Vote
  3/27/2007HouseHouse Amendment No. 3 Adopted by Voice Vote
  3/27/2007HouseHouse Amendment No. 4 Adopted by Voice Vote
  3/27/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/28/2007HouseAdded Co-Sponsor Rep. Kathleen A. Ryg
  3/28/2007HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  3/28/2007HouseAdded Co-Sponsor Rep. Esther Golar
  3/28/2007HouseAdded Co-Sponsor Rep. Jim Sacia
  3/28/2007HouseAdded Co-Sponsor Rep. Ron Stephens
  3/28/2007HouseAdded Co-Sponsor Rep. Bill Mitchell
  3/28/2007HouseAdded Co-Sponsor Rep. Carolyn H. Krause
  3/28/2007HouseAdded Co-Sponsor Rep. Mike Fortner
  3/28/2007HouseThird Reading - Short Debate - Passed 116-000-000
  3/29/2007SenateArrive in Senate
  3/29/2007SenatePlaced on Calendar Order of First Reading March 30, 2007
  3/29/2007SenateChief Senate Sponsor Sen. Susan Garrett
  4/20/2007SenateFirst Reading
  4/20/2007SenateReferred to Rules
  4/25/2007SenateAssigned to Public Health
  5/15/2007SenatePostponed - Public Health
  5/15/2007SenateRule 3-9(a) / Re-referred to Rules
  5/15/2007SenateAdded as Alternate Co-Sponsor Sen. Dan Kotowski
  8/4/2007SenateAssigned to Executive
  8/6/2007SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Donne E. Trotter
  8/6/2007SenateSenate Committee Amendment No. 1 Referred to Rules
  8/6/2007SenateSenate Committee Amendment No. 1 Rules Refers to Executive
  8/6/2007SenateWaive Posting Notice
  8/6/2007SenateRule 2-10 Committee Deadline Established As December 31, 2007
  8/6/2007SenateRule 2-10 Third Reading Deadline Established As December 31, 2007
  8/6/2007SenateSenate Committee Amendment No. 1 Adopted
  8/6/2007SenateDo Pass as Amended Executive; 012-000-000
  8/6/2007SenatePlaced on Calendar Order of 2nd Reading August 6, 2007
  8/6/2007SenateSecond Reading
  8/6/2007SenatePlaced on Calendar Order of 3rd Reading August 7, 2007
  8/7/2007SenateAlternate Chief Sponsor Changed to Sen. Donne E. Trotter
  8/14/2007SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Donne E. Trotter
  8/14/2007SenateSenate Floor Amendment No. 2 Referred to Rules
  8/14/2007SenateSenate Floor Amendment No. 2 Rules Refers to Executive
  8/14/2007SenateSenate Floor Amendment No. 2 Recommend Do Adopt Executive; 011-000-000
  8/14/2007SenateRecalled to Second Reading
  8/14/2007SenateSenate Floor Amendment No. 2 Adopted; Trotter
  8/14/2007SenatePlaced on Calendar Order of 3rd Reading
  8/14/2007SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  8/14/2007Senate3/5 Vote Required
  8/14/2007SenateThird Reading - Passed; 037-000-000
  8/14/2007HouseArrived in House
  8/16/2007HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1,2
  8/24/2007HouseFinal Action Deadline Extended-9(b) September 5, 2007
  9/5/2007HouseFinal Action Deadline Extended-9(b) October 5, 2007
  10/5/2007HouseFinal Action Deadline Extended-9(b) October 12, 2007
  10/12/2007HouseFinal Action Deadline Extended-9(b) November 2, 2007
  11/2/2007HouseFinal Action Deadline Extended-9(b) November 30, 2007
  11/30/2007HouseFinal Action Deadline Extended-9(b) January 10, 2008
  1/10/2008HouseRule 19(a) / Re-referred to Rules Committee
  1/13/2009HouseSession Sine Die

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