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.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 1. Opioid crisis. In response to the opioid crisis,
5myriad federal and state actions have been declared:
6    (1) On October 26, 2017, the President of the United States
7directed the United States Department of Health and Human
8Services to declare the opioid crisis a public health
9emergency, and directed all relevant executive agencies to use
10all appropriate emergency authorities to address America's
11deadly opioid crisis.
12    (2) On September 6, 2017, Illinois Governor Bruce Rauner
13unveiled the Illinois Opioid Crisis Action plan, which seeks to
14reduce the anticipated number of opioid-related deaths by 33%
15in 3 years. Prevention, which is one of the 3 areas of focus
16for the plan, is addressed in the plan through the priority of
17safer prescribing and dispensing of opioids.
18    (3) Drug Enforcement Administration numbers can be found in
19electronic health records, which are vulnerable to snooping by
20rogue employees and cyberattacks.
21    (4) Drug Enforcement Administration numbers can also be
22found on every page of a prescriber's prescription pad, thus
23requiring someone who wants to forge a prescription to first
24obtain a prescriber's legitimate Drug Enforcement

 

 

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1Administration number.
2    (5) Drug Enforcement Administration numbers are intended
3to be used to identify authorized prescribers of controlled
4substances. These numbers are often used by insurance companies
5and pharmacies, including mail order pharmacies, as a means of
6identifying providers for non-narcotic prescriptions and other
7administrative requirements.
8    (6) Unauthorized use of a prescriber's Drug Enforcement
9Administration number exposes prescribers to identity theft,
10billing fraud, and criminal investigation. This can mean that a
11prescriber is stripped of his or her license or his or her Drug
12Enforcement Administration prescribing privileges.
13    (7) It is in the interest of public health, and in keeping
14with the federal and State government's treatment of opioid
15addiction as a critical problem, that Drug Enforcement
16Administration numbers only be accessible for their intended
17purpose, which is the prescription on controlled substances.
18The more accessible Drug Enforcement Administration and other
19identification numbers are, the more likely it is that they
20will be used to request an illegal narcotic prescription.
 
21    Section 5. The Illinois Controlled Substances Act is
22amended by adding Section 406.3 as follows:
 
23    (720 ILCS 570/406.3 new)
24    Sec. 406.3. Unauthorized request or possession of a

 

 

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1prescriber's Illinois controlled substance license or United
2States Drug Enforcement Administration registration.
3    (a) A person commits unauthorized request or possession of
4a prescriber's Illinois controlled substance license or United
5States Drug Enforcement Administration registration when he or
6she knowingly:
7        (1) requests the license number or registration number
8    other than for:
9            (A) prescribing or dispensing controlled
10        substances;
11            (B) insurance processing related to controlled
12        substances;
13            (C) professional employment; or
14            (D) collecting credentials data under the Health
15        Care Professional Credentials Data Collection Act;
16        (2) possesses without authorization the prescriber's
17    Illinois controlled substance license or United States
18    Drug Enforcement Administration registration or
19    prescriber's Illinois controlled substance license number
20    or United States Drug Enforcement Administration
21    registration number; or
22        (3) uses the prescriber's Illinois controlled
23    substance license number or United States Drug Enforcement
24    Administration registration number to obtain any
25    medication or to create a fraudulent prescription or order.
26    (b) Knowledge shall be determined by an evaluation of all

 

 

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1circumstances surrounding possession or use of the
2prescriber's Illinois controlled substance license number or
3United States Drug Enforcement Administration registration
4number.
5    (c) Sentence. Unauthorized request or possession of a
6prescriber's Illinois controlled substance license or United
7States Drug Enforcement Administration registration is a Class
84 felony for the first offense and a Class 3 felony for each
9subsequent offense. The fine for the first offense may not
10exceed $100,000. The fine for each subsequent offense may not
11exceed $200,000.