Sen. Melinda Bush

Filed: 4/5/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2952

2    AMENDMENT NO. ______. Amend Senate Bill 2952 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Controlled Substances Act is
5amended by changing Sections 316 and 320 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.

 

 

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

 

 

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1    the next business day after the date on which a controlled
2    substance is dispensed, or at such other time as may be
3    required by the Department by administrative rule.
4        (3) A dispenser must transmit the information required
5    under this Section by:
6            (A) an electronic device compatible with the
7        receiving device of the central repository;
8            (B) a computer diskette;
9            (C) a magnetic tape; or
10            (D) a pharmacy universal claim form or Pharmacy
11        Inventory Control form;
12        (4) The Department may impose a civil fine of up to
13    $100 per day for willful failure to report controlled
14    substance dispensing to the Prescription Monitoring
15    Program. The fine shall be calculated on no more than the
16    number of days from the time the report was required to be
17    made until the time the problem was resolved, and shall be
18    payable to the Prescription Monitoring Program.
19    (b) The Department, by rule, may include in the
20Prescription Monitoring Program certain other select drugs
21that are not included in Schedule II, III, IV, or V. The
22Prescription Monitoring Program does not apply to controlled
23substance prescriptions as exempted under Section 313.
24    (c) The collection of data on select drugs and scheduled
25substances by the Prescription Monitoring Program may be used
26as a tool for addressing oversight requirements of long-term

 

 

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1care institutions as set forth by Public Act 96-1372. Long-term
2care pharmacies shall transmit patient medication profiles to
3the Prescription Monitoring Program monthly or more frequently
4as established by administrative rule.
5    (d) The Department of Human Services shall appoint a
6full-time Clinical Director of the Prescription Monitoring
7Program.
8    (e) (Blank).
9    (f) Within one year of the effective date of this
10amendatory Act of the 100th General Assembly, the Department
11shall adopt rules requiring all Electronic Health Records
12Systems to interface with the Prescription Monitoring Program
13application program on or before January 1, 2021 to ensure that
14all providers have access to specific patient records during
15the treatment of their patients. These rules shall also address
16the electronic integration of pharmacy records with the
17Prescription Monitoring Program to allow for faster
18transmission of the information required under this Section.
19The Department shall establish actions to be taken if a
20prescriber's Electronic Health Records System does not
21effectively interface with the Prescription Monitoring Program
22within the required timeline.
23    (g) The Department, in consultation with the Advisory
24Committee, shall adopt rules allowing licensed prescribers or
25pharmacists who have registered to access the Prescription
26Monitoring Program to authorize a licensed or non-licensed

 

 

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1designee employed in that licensed prescriber's office or a
2licensed designee in a licensed pharmacist's pharmacy, and who
3has received training in the federal Health Insurance
4Portability and Accountability Act to consult the Prescription
5Monitoring Program on their behalf. The rules shall include
6reasonable parameters concerning a practitioner's authority to
7authorize a designee, and the eligibility of a person to be
8selected as a designee.
9(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
 
10    (720 ILCS 570/320)
11    Sec. 320. Advisory committee.
12    (a) There is created a Prescription Monitoring Program
13Advisory Committee to assist the Department of Human Services
14in implementing the Prescription Monitoring Program created by
15this Article and to advise the Department on the professional
16performance of prescribers and dispensers and other matters
17germane to the advisory committee's field of competence.
18    (b) The Clinical Director of the Prescription Monitoring
19Program shall appoint members to serve on the advisory
20committee. The advisory committee shall be composed of
21prescribers and dispensers as follows: 4 physicians licensed to
22practice medicine in all its branches; one advanced practice
23registered nurse; one physician assistant; one optometrist;
24one dentist; one podiatric physician; and 3 pharmacists. The
25Clinical Director of the Prescription Monitoring Program may

 

 

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1appoint a representative of an organization representing a
2profession required to be appointed. The Clinical Director of
3the Prescription Monitoring Program shall serve as the chair of
4the committee.
5    (c) The advisory committee may appoint its other officers
6as it deems appropriate.
7    (d) The members of the advisory committee shall receive no
8compensation for their services as members of the advisory
9committee but may be reimbursed for their actual expenses
10incurred in serving on the advisory committee.
11    (e) The advisory committee shall:
12        (1) provide a uniform approach to reviewing this Act in
13    order to determine whether changes should be recommended to
14    the General Assembly;
15        (2) review current drug schedules in order to manage
16    changes to the administrative rules pertaining to the
17    utilization of this Act;
18        (3) review the following: current clinical guidelines
19    developed by health care professional organizations on the
20    prescribing of opioids or other controlled substances;
21    accredited continuing education programs related to
22    prescribing and dispensing; programs or information
23    developed by health care professional organizations that
24    may be used to assess patients or help ensure compliance
25    with prescriptions; updates from the Food and Drug
26    Administration, the Centers for Disease Control and

 

 

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1    Prevention, and other public and private organizations
2    which are relevant to prescribing and dispensing; relevant
3    medical studies; and other publications which involve the
4    prescription of controlled substances;
5        (4) make recommendations for inclusion of these
6    materials or other studies which may be effective resources
7    for prescribers and dispensers on the Internet website of
8    the inquiry system established under Section 318;
9        (5) on at least a quarterly basis, review the content
10    of the Internet website of the inquiry system established
11    pursuant to Section 318 to ensure this Internet website has
12    the most current available information;
13        (6) on at least a quarterly basis, review opportunities
14    for federal grants and other forms of funding to support
15    projects which will increase the number of pilot programs
16    which integrate the inquiry system with electronic health
17    records; and
18        (7) on at least a quarterly basis, review communication
19    to be sent to all registered users of the inquiry system
20    established pursuant to Section 318, including
21    recommendations for relevant accredited continuing
22    education and information regarding prescribing and
23    dispensing.
24    (f) The Clinical Director of the Prescription Monitoring
25Program shall select 6 5 members, 3 physicians, and 2
26pharmacists, and one dentist, of the Prescription Monitoring

 

 

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1Program Advisory Committee to serve as members of the peer
2review subcommittee. The purpose of the peer review
3subcommittee is to advise the Program on matters germane to the
4advisory committee's field of competence, establish a formal
5peer review of professional performance of prescribers and
6dispensers, and develop communications to transmit to
7prescribers and dispensers. The deliberations, information,
8and communications of the peer review subcommittee are
9privileged and confidential and shall not be disclosed in any
10manner except in accordance with current law.
11        (1) The peer review subcommittee shall periodically
12    review the data contained within the prescription
13    monitoring program to identify those prescribers or
14    dispensers who may be prescribing or dispensing outside the
15    currently accepted standards in the course of their
16    professional practice.
17        (2) The peer review subcommittee may identify
18    prescribers or dispensers who may be prescribing outside
19    the currently accepted medical standards in the course of
20    their professional practice and send the identified
21    prescriber or dispenser a request for information
22    regarding their prescribing or dispensing practices. This
23    request for information shall be sent via certified mail,
24    return receipt requested. A prescriber or dispenser shall
25    have 30 days to respond to the request for information.
26        (3) The peer review subcommittee shall refer a

 

 

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1    prescriber or a dispenser to the Department of Financial
2    and Professional Regulation in the following situations:
3            (i) if a prescriber or dispenser does not respond
4        to three successive requests for information;
5            (ii) in the opinion of a majority of members of the
6        peer review subcommittee, the prescriber or dispenser
7        does not have a satisfactory explanation for the
8        practices identified by the peer review subcommittee
9        in its request for information; or
10            (iii) following communications with the peer
11        review subcommittee, the prescriber or dispenser does
12        not sufficiently rectify the practices identified in
13        the request for information in the opinion of a
14        majority of the members of the peer review
15        subcommittee.
16        (4) The Department of Financial and Professional
17    Regulation may initiate an investigation and discipline in
18    accordance with current laws and rules for any prescriber
19    or dispenser referred by the peer review subcommittee.
20        (5) The peer review subcommittee shall prepare an
21    annual report starting on July 1, 2017. This report shall
22    contain the following information: the number of times the
23    peer review subcommittee was convened; the number of
24    prescribers or dispensers who were reviewed by the peer
25    review committee; the number of requests for information
26    sent out by the peer review subcommittee; and the number of

 

 

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1    prescribers or dispensers referred to the Department of
2    Financial and Professional Regulation. The annual report
3    shall be delivered electronically to the Department and to
4    the General Assembly. The report prepared by the peer
5    review subcommittee shall not identify any prescriber,
6    dispenser, or patient.
7(Source: P.A. 99-480, eff. 9-9-15; 100-513, eff. 1-1-18.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".