102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 2/8/2021, by Rep. La Shawn K. Ford
SYNOPSIS AS INTRODUCED:
Amends the Illinois Controlled Substances Act. Provides that the
requirements for transmitting information to the central repository under
the Prescription Monitoring Program also apply to opioid treatment
programs that prescribe Schedule II, III, IV, or V controlled substances
for the treatment of opioid use disorder.
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Illinois Controlled Substances Act is
amended by changing Section 316 as follows:
(720 ILCS 570/316)
Prescription Monitoring Program.
(a) The Department must provide for a
Monitoring Program for Schedule II, III, IV, and V controlled
substances that includes the following components and
dispenser must transmit to the
repository, in a form and manner specified by the
Department, the following information:
(A) The recipient's name and address.
(B) The recipient's date of birth and gender.
(C) The national drug code number of the
(D) The date the controlled substance is
(E) The quantity of the controlled substance
dispensed and days supply.
(F) The dispenser's United States Drug Enforcement
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(G) The prescriber's United States Drug
(H) The dates the controlled substance
prescription is filled.
(I) The payment type used to purchase the
controlled substance (i.e. Medicaid, cash, third party
(J) The patient location code (i.e. home, nursing
home, outpatient, etc.) for the controlled substances
other than those filled at a retail pharmacy.
(K) Any additional information that may be
required by the department by administrative rule,
including but not limited to information required for
compliance with the criteria for electronic reporting
of the American Society for Automation and Pharmacy or
(2) The information required to be transmitted under
this Section must be
transmitted not later than the end of
the next business day after the date on which a
substance is dispensed, or at such other time as may be
required by the Department by administrative rule.
(3) A dispenser must transmit the information required
under this Section
(A) an electronic device compatible with the
receiving device of the
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(B) a computer diskette;
(C) a magnetic tape; or
(D) a pharmacy universal claim form or Pharmacy
Inventory Control form.
(3.5) The requirements of paragraphs (1), (2), and (3)
of this subsection (a) also apply to opioid treatment
programs that prescribe Schedule II, III, IV, or V
controlled substances for the treatment of opioid use
(4) The Department may impose a civil fine of up to
$100 per day for willful failure to report controlled
substance dispensing to the Prescription Monitoring
Program. The fine shall be calculated on no more than the
number of days from the time the report was required to be
made until the time the problem was resolved, and shall be
payable to the Prescription Monitoring Program.
(a-5) Notwithstanding subsection (a), a licensed
veterinarian is exempt from the reporting requirements of this
Section. If a person who is presenting an animal for treatment
is suspected of fraudulently obtaining any controlled
substance or prescription for a controlled substance, the
licensed veterinarian shall report that information to the
local law enforcement agency.
(b) The Department, by rule, may include in the
Prescription Monitoring Program certain other select drugs
that are not included in Schedule II, III, IV, or V. The
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Prescription Monitoring Program does not apply to
substance prescriptions as exempted under Section
(c) The collection of data on select drugs and scheduled
substances by the Prescription Monitoring Program may be used
as a tool for addressing oversight requirements of long-term
care institutions as set forth by Public Act 96-1372.
Long-term care pharmacies shall transmit patient medication
profiles to the Prescription Monitoring Program monthly or
more frequently as established by administrative rule.
(d) The Department of Human Services shall appoint a
full-time Clinical Director of the Prescription Monitoring
(f) Within one year of January 1, 2018 (the effective date
of Public Act 100-564), the Department shall adopt rules
requiring all Electronic Health Records Systems to interface
with the Prescription Monitoring Program application program
on or before January 1, 2021 to ensure that all providers have
access to specific patient records during the treatment of
their patients. These rules shall also address the electronic
integration of pharmacy records with the Prescription
Monitoring Program to allow for faster transmission of the
information required under this Section. The Department shall
establish actions to be taken if a prescriber's Electronic
Health Records System does not effectively interface with the
Prescription Monitoring Program within the required timeline.
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(g) The Department, in consultation with the Advisory
Committee, shall adopt rules allowing licensed prescribers or
pharmacists who have registered to access the Prescription
Monitoring Program to authorize a licensed or non-licensed
designee employed in that licensed prescriber's office or a
licensed designee in a licensed pharmacist's pharmacy who has
received training in the federal Health Insurance Portability
and Accountability Act to consult the Prescription Monitoring
Program on their behalf. The rules shall include reasonable
parameters concerning a practitioner's authority to authorize
a designee, and the eligibility of a person to be selected as a
designee. In this subsection (g), "pharmacist" shall include a
clinical pharmacist employed by and designated by a Medicaid
Managed Care Organization providing services under Article V
of the Illinois Public Aid Code under a contract with the
Department of Healthcare and Family Services for the sole
purpose of clinical review of services provided to persons
covered by the entity under the contract to determine
compliance with subsections (a) and (b) of Section 314.5 of
this Act. A managed care entity pharmacist shall notify
prescribers of review activities.
(Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18;
100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff.
7-12-19; 101-414, eff. 8-16-19.)