SB0030 Enrolled LRB095 04252 RLC 24293 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Controlled Substances Act is
5 amended by changing Sections 313, 316, 317, 318, 319, and 320
6 and by adding Section 321 as follows:
 
7     (720 ILCS 570/313)  (from Ch. 56 1/2, par. 1313)
8     Sec. 313. (a) Controlled substances which are lawfully
9 administered in hospitals or institutions licensed under the
10 "Hospital Licensing Act" shall be exempt from the requirements
11 of Sections 312 and 316 except that the prescription for the
12 controlled substance shall be in writing on the patient's
13 record, signed by the prescriber, dated, and shall state the
14 name, and quantity of controlled substances ordered and the
15 quantity actually administered. The records of such
16 prescriptions shall be maintained for two years and shall be
17 available for inspection by officers and employees of the
18 Department of State Police, and the Department of Professional
19 Regulation.
20     (b) Controlled substances that can lawfully be
21 administered or dispensed directly to a patient in a long-term
22 care facility licensed by the Department of Public Health as a
23 skilled nursing facility, intermediate care facility, or

 

 

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1 long-term care facility for residents under 22 years of age,
2 are exempt from the requirements of Section 312 except that a
3 prescription for a Schedule II controlled substance must be
4 either a written prescription signed by the prescriber or a
5 written prescription transmitted by the prescriber or
6 prescriber's agent to the dispensing pharmacy by facsimile. The
7 facsimile serves as the original prescription and must be
8 maintained for 2 years from the date of issue in the same
9 manner as a written prescription signed by the prescriber.
10     (c) A prescription that is written for a Schedule II
11 controlled substance to be compounded for direct
12 administration by parenteral, intravenous, intramuscular,
13 subcutaneous, or intraspinal infusion to a patient in a private
14 residence, long-term care facility, or hospice program setting
15 may be transmitted by facsimile by the prescriber or the
16 prescriber's agent to the pharmacy providing the home infusion
17 services. The facsimile serves as the original written
18 prescription for purposes of this paragraph (c) and it shall be
19 maintained in the same manner as the original written
20 prescription.
21     (c-1) A prescription written for a Schedule II controlled
22 substance for a patient residing in a hospice certified by
23 Medicare under Title XVIII of the Social Security Act or
24 licensed by the State may be transmitted by the practitioner or
25 the practitioner's agent to the dispensing pharmacy by
26 facsimile. The practitioner or practitioner's agent must note

 

 

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1 on the prescription that the patient is a hospice patient. The
2 facsimile serves as the original written prescription for
3 purposes of this paragraph (c-1) and it shall be maintained in
4 the same manner as the original written prescription.
5     (d) Controlled substances which are lawfully administered
6 and/or dispensed in drug abuse treatment programs licensed by
7 the Department shall be exempt from the requirements of
8 Sections 312 and 316, except that the prescription for such
9 controlled substances shall be issued and authenticated on
10 official prescription logs prepared and supplied by the
11 Department. The official prescription logs issued by the
12 Department shall be printed in triplicate on distinctively
13 marked paper and furnished to programs at reasonable cost. The
14 official prescription logs furnished to the programs shall
15 contain, in preprinted form, such information as the Department
16 may require. The official prescription logs shall be properly
17 endorsed by a physician licensed to practice medicine in all
18 its branches issuing the order, with his own signature and the
19 date of ordering, and further endorsed by the practitioner
20 actually administering or dispensing the dosage at the time of
21 such administering or dispensing in accordance with
22 requirements issued by the Department. The duplicate copy shall
23 be retained by the program for a period of not less than three
24 years nor more than seven years; the original and triplicate
25 copy shall be returned to the Department at its principal
26 office in accordance with requirements set forth by the

 

 

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1 Department.
2 (Source: P.A. 91-576, eff. 4-1-00; 91-714, eff. 6-2-00.)
 
3     (720 ILCS 570/316)
4     Sec. 316. Schedule II controlled substance prescription
5 monitoring program.
6     The Department must provide for a Schedule II controlled
7 substance prescription monitoring program that includes the
8 following components:
9         (1) The Each time a Schedule II controlled substance is
10     dispensed, the dispenser must transmit to the central
11     repository the following information:
12             (A) The recipient's name.
13             (B) The recipient's address.
14             (C) The national drug code number of the Schedule
15         II controlled substance dispensed.
16             (D) The date the Schedule II controlled substance
17         is dispensed.
18             (E) The quantity of the Schedule II controlled
19         substance dispensed.
20             (F) The dispenser's United States Drug Enforcement
21         Administration Agency registration number.
22             (G) The prescriber's United States Drug
23         Enforcement Administration Agency registration number.
24         (2) The information required to be transmitted under
25     this Section must be transmitted not more than 7 15 days

 

 

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1     after the date on which a Schedule II controlled substance
2     is dispensed.
3         (3) A dispenser must transmit the information required
4     under this Section by:
5             (A) an electronic device compatible with the
6         receiving device of the central repository;
7             (B) a computer diskette;
8             (C) a magnetic tape; or
9             (D) a pharmacy universal claim form or Pharmacy
10         Inventory Control form;
11     that meets specifications prescribed by the Department.
12     Controlled Schedule II controlled substance prescription
13 monitoring does not apply to Schedule II controlled substance
14 prescriptions as exempted under Section 313.
15 (Source: P.A. 91-576, eff. 4-1-00; 91-714, eff. 6-2-00.)
 
16     (720 ILCS 570/317)
17     Sec. 317. Central repository for collection of
18 information.
19     (a) The Department must designate a central repository for
20 the collection of information transmitted under Section 316 and
21 321.
22     (b) The central repository must do the following:
23         (1) Create a database for information required to be
24     transmitted under Section 316 in the form required under
25     rules adopted by the Department, including search

 

 

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1     capability for the following:
2             (A) A recipient's name.
3             (B) A recipient's address.
4             (C) The national drug code number of a controlled
5         substance dispensed.
6             (D) The dates a Schedule II controlled substance is
7         dispensed.
8             (E) The quantities of a Schedule II controlled
9         substance dispensed.
10             (F) A dispenser's United States Drug Enforcement
11         Administration Agency registration number.
12             (G) A prescriber's United States Drug Enforcement
13         Administration Agency registration number.
14         (2) Provide the Department with a continuing 24 hour a
15     day on-line access to the database maintained by the
16     central repository. The Department of Financial and
17     Professional Regulation must provide the Department with
18     electronic access to the license information of a
19     prescriber or dispenser. The Department of Financial and
20     Professional Regulation may charge a fee for this access
21     not to exceed the actual cost of furnishing the
22     information.
23         (3) Secure the information collected by the central
24     repository and the database maintained by the central
25     repository against access by unauthorized persons.
26     No fee shall be charged for access by a prescriber or

 

 

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1 dispenser.
2 (Source: P.A. 91-576, eff. 4-1-00.)
 
3     (720 ILCS 570/318)
4     Sec. 318. Confidentiality of information.
5     (a) Information received by the central repository under
6 Section 316 and 321 is confidential.
7     (b) The Department must carry out a program to protect the
8 confidentiality of the information described in subsection
9 (a). The Department may disclose the information to another
10 person only under subsection (c), (d), or (f) and may charge a
11 fee not to exceed the actual cost of furnishing the
12 information.
13     (c) The Department may disclose confidential information
14 described in subsection (a) to any person who is engaged in
15 receiving, processing, or storing the information.
16     (d) The Department may release confidential information
17 described in subsection (a) to the following persons:
18         (1) A governing body that licenses practitioners and is
19     engaged in an investigation, an adjudication, or a
20     prosecution of a violation under any State or federal law
21     that involves a controlled substance.
22         (2) An investigator for the Consumer Protection
23     Division of the office of the Attorney General, a
24     prosecuting attorney, the Attorney General, a deputy
25     Attorney General, or an investigator from the office of the

 

 

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1     Attorney General, who is engaged in any of the following
2     activities involving controlled substances:
3             (A) an investigation;
4             (B) an adjudication; or
5             (C) a prosecution of a violation under any State or
6         federal law that involves a controlled substance.
7         (3) A law enforcement officer who is:
8             (A) authorized by the Department of State Police or
9         the office of a county sheriff or State's Attorney or
10         municipal police department of Illinois to receive
11         information of the type requested for the purpose of
12         investigations involving controlled substances; or
13             (B) approved by the Department to receive
14         information of the type requested for the purpose of
15         investigations involving controlled substances; and
16             (C) engaged in the investigation or prosecution of
17         a violation under any State or federal law that
18         involves a controlled substance.
19     (e) Before the Department releases confidential
20 information under subsection (d), the applicant must
21 demonstrate in writing to the Department that:
22         (1) the applicant has reason to believe that a
23     violation under any State or federal law that involves a
24     Schedule II controlled substance has occurred; and
25         (2) the requested information is reasonably related to
26     the investigation, adjudication, or prosecution of the

 

 

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1     violation described in subdivision (1).
2     (f) The Department may receive and release prescription
3 record information release to:
4         (1) a governing body that licenses practitioners;
5         (2) an investigator for the Consumer Protection
6     Division of the office of the Attorney General, a
7     prosecuting attorney, the Attorney General, a deputy
8     Attorney General, or an investigator from the office of the
9     Attorney General; or
10         (3) any Illinois a law enforcement officer who is:
11             (A) authorized by the Department of State Police to
12         receive the type of information released; and
13             (B) approved by the Department to receive the type
14         of information released; or
15         (4) prescription monitoring entities in other states
16     per the provisions outlined in subsection (g) and (h)
17     below;
18 confidential prescription record information collected under
19 Sections 316 and 321 generated from computer records that
20 identifies vendors or practitioners, or both, who are
21 prescribing or dispensing large quantities of a Schedule II,
22 III, IV, or V controlled substances outside the scope of their
23 practice, pharmacy, or business, substance as determined by the
24 Advisory Committee created by Section 320.
25     (g) The information described in subsection (f) may not be
26 released until it has been reviewed by an employee of the

 

 

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1 Department who is licensed as a prescriber or a dispenser and
2 until that employee has certified that further investigation is
3 warranted. However, failure to comply with this subsection (g)
4 does not invalidate the use of any evidence that is otherwise
5 admissible in a proceeding described in subsection (h).
6     (h) An investigator or a law enforcement officer receiving
7 confidential information under subsection (c), (d), or (f) may
8 disclose the information to a law enforcement officer or an
9 attorney for the office of the Attorney General for use as
10 evidence in the following:
11         (1) A proceeding under any State or federal law that
12     involves a Schedule II controlled substance.
13         (2) A criminal proceeding or a proceeding in juvenile
14     court that involves a Schedule II controlled substance.
15     (i) The Department may compile statistical reports from the
16 information described in subsection (a). The reports must not
17 include information that identifies, by name, license or
18 address, any practitioner, dispenser, ultimate user, or other
19 person administering a controlled substance.
20     (j) Based upon federal, initial and maintenance funding, a
21 prescriber and dispenser inquiry system shall be developed to
22 assist the medical community in its goal of effective clinical
23 practice and to prevent patients from diverting or abusing
24 medications.
25         (1) An inquirer shall have read-only access to a
26     stand-alone database which shall contain records for the

 

 

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1     previous 6 months.
2         (2) Dispensers may, upon positive and secure
3     identification, make an inquiry on a patient or customer
4     solely for a medical purpose as delineated within the
5     federal HIPAA law.
6         (3) The Department shall provide a one-to-one secure
7     link and encrypted software necessary to establish the link
8     between an inquirer and the Department. Technical
9     assistance shall also be provided.
10         (4) Written inquiries are acceptable but must include
11     the fee and the requestor's Drug Enforcement
12     Administration license number and submitted upon the
13     requestor's business stationary.
14         (5) No data shall be stored in the database beyond 24
15     months.
16         (6) Tracking analysis shall be established and used per
17     administrative rule.
18         (7) Nothing in this Act or Illinois law shall be
19     construed to require a prescriber or dispenser to make use
20     of this inquiry system.
21         (8) If there is an adverse outcome because of a
22     prescriber or dispenser making an inquiry, which is
23     initiated in good faith, the prescriber or dispenser shall
24     be held harmless from any civil liability.
25 (Source: P.A. 91-576, eff. 4-1-00.)
 

 

 

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1     (720 ILCS 570/319)
2     Sec. 319. Rules. The Department must adopt rules under the
3 Illinois Administrative Procedure Act to implement Sections
4 316 through 321 318, including the following:
5         (1) Information collection and retrieval procedures
6     for the central repository, including the Schedule II
7     controlled substances to be included in the program
8     required under Section 316 and 321.
9         (2) Design for the creation of the database required
10     under Section 317.
11         (3) Requirements for the development and installation
12     of on-line electronic access by the Department to
13     information collected by the central repository.
14 (Source: P.A. 91-576, eff. 4-1-00.)
 
15     (720 ILCS 570/320)
16     Sec. 320. Advisory committee.
17     (a) The Secretary of Human Services must appoint an
18 advisory committee to assist the Department in implementing the
19 Schedule II controlled substance prescription monitoring
20 program created by Section 316 and 321 of this Act. The
21 Advisory Committee consists of prescribers and dispensers.
22     (b) The Secretary of Human Services must determine the
23 number of members to serve on the advisory committee. The
24 Secretary must choose one of the members of the advisory
25 committee to serve as chair of the committee.

 

 

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1     (c) The advisory committee may appoint its other officers
2 as it deems appropriate.
3     (d) The members of the advisory committee shall receive no
4 compensation for their services as members of the advisory
5 committee but may be reimbursed for their actual expenses
6 incurred in serving on the advisory committee.
7 (Source: P.A. 91-576, eff. 4-1-00.)
 
8     (720 ILCS 570/321 new)
9     Sec. 321. Schedule III, IV, and V controlled substance
10 prescription monitoring program.
11     (a) The Department shall provide for a Schedule III, IV,
12 and V controlled substances prescription monitoring program
13 contingent upon full funding from the authorized federal agency
14 less incidental expenses.
15     (b) Prescription data collected for Schedules III, IV, and
16 V shall include the components listed in Section 316(1), (2),
17 and (3).
18     (c) The information required to be transmitted under this
19 Section must be transmitted not more than 7 days after the date
20 on which a controlled substance is dispensed.
21     (d) If federal funding is not provided, the Department
22 shall cease data collection for Schedules III, IV, and V.
23     (e) All requirements for this Section shall comply with the
24 federal HIPAA statute.