Sen. David Luechtefeld

Filed: 3/8/2007

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 30

2     AMENDMENT NO. ______. Amend Senate Bill 30 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Controlled Substances Act is
5 amended by changing Sections 316, 317, 318, 319, and 320 and by
6 adding Section 321 as follows:
 
7     (720 ILCS 570/316)
8     Sec. 316. Schedule II controlled substance prescription
9 monitoring program.
10     The Department must provide for a Schedule II controlled
11 substance prescription monitoring program that includes the
12 following components:
13         (1) The Each time a Schedule II controlled substance is
14     dispensed, the dispenser must transmit to the central
15     repository the following information:
16             (A) The recipient's name.

 

 

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1             (B) The recipient's address.
2             (C) The national drug code number of the Schedule
3         II controlled substance dispensed.
4             (D) The date the Schedule II controlled substance
5         is dispensed.
6             (E) The quantity of the Schedule II controlled
7         substance dispensed.
8             (F) The dispenser's United States Drug Enforcement
9         Administration Agency registration number.
10             (G) The prescriber's United States Drug
11         Enforcement Administration Agency registration number.
12         (2) The information required to be transmitted under
13     this Section must be transmitted not more than 7 15 days
14     after the date on which a Schedule II controlled substance
15     is dispensed.
16         (3) A dispenser must transmit the information required
17     under this Section by:
18             (A) an electronic device compatible with the
19         receiving device of the central repository;
20             (B) a computer diskette;
21             (C) a magnetic tape; or
22             (D) a pharmacy universal claim form or Pharmacy
23         Inventory Control form;
24     that meets specifications prescribed by the Department.
25     Controlled Schedule II controlled substance prescription
26 monitoring does not apply to Schedule II controlled substance

 

 

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1 prescriptions as exempted under Section 313.
2 (Source: P.A. 91-576, eff. 4-1-00; 91-714, eff. 6-2-00.)
 
3     (720 ILCS 570/317)
4     Sec. 317. Central repository for collection of
5 information.
6     (a) The Department must designate a central repository for
7 the collection of information transmitted under Section 316 and
8 321.
9     (b) The central repository must do the following:
10         (1) Create a database for information required to be
11     transmitted under Section 316 in the form required under
12     rules adopted by the Department, including search
13     capability for the following:
14             (A) A recipient's name.
15             (B) A recipient's address.
16             (C) The national drug code number of a controlled
17         substance dispensed.
18             (D) The dates a Schedule II controlled substance is
19         dispensed.
20             (E) The quantities of a Schedule II controlled
21         substance dispensed.
22             (F) A dispenser's United States Drug Enforcement
23         Administration Agency registration number.
24             (G) A prescriber's United States Drug Enforcement
25         Administration Agency registration number.

 

 

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1         (2) Provide the Department with a continuing 24 hour a
2     day on-line access to the database maintained by the
3     central repository. The Department of Financial and
4     Professional Regulation must provide the Department with
5     electronic access to the license information of a
6     prescriber or dispenser. The Department of Financial and
7     Professional Regulation may charge a fee for this access
8     not to exceed the actual cost of furnishing the
9     information.
10         (3) Secure the information collected by the central
11     repository and the database maintained by the central
12     repository against access by unauthorized persons.
13     No fee shall be charged for access by a prescriber or
14 dispenser.
15 (Source: P.A. 91-576, eff. 4-1-00.)
 
16     (720 ILCS 570/318)
17     Sec. 318. Confidentiality of information.
18     (a) Information received by the central repository under
19 Section 316 and 321 is confidential.
20     (b) The Department must carry out a program to protect the
21 confidentiality of the information described in subsection
22 (a). The Department may disclose the information to another
23 person only under subsection (c), (d), or (f) and may charge a
24 fee not to exceed the actual cost of furnishing the
25 information.

 

 

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1     (c) The Department may disclose confidential information
2 described in subsection (a) to any person who is engaged in
3 receiving, processing, or storing the information.
4     (d) The Department may release confidential information
5 described in subsection (a) to the following persons:
6         (1) A governing body that licenses practitioners and is
7     engaged in an investigation, an adjudication, or a
8     prosecution of a violation under any State or federal law
9     that involves a controlled substance.
10         (2) An investigator for the Consumer Protection
11     Division of the office of the Attorney General, a
12     prosecuting attorney, the Attorney General, a deputy
13     Attorney General, or an investigator from the office of the
14     Attorney General, who is engaged in any of the following
15     activities involving controlled substances:
16             (A) an investigation;
17             (B) an adjudication; or
18             (C) a prosecution of a violation under any State or
19         federal law that involves a controlled substance.
20         (3) A law enforcement officer who is:
21             (A) authorized by the Department of State Police to
22         receive information of the type requested for the
23         purpose of investigations involving controlled
24         substances;
25             (B) approved by the Department to receive
26         information of the type requested for the purpose of

 

 

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1         investigations involving controlled substances; and
2             (C) engaged in the investigation or prosecution of
3         a violation under any State or federal law that
4         involves a controlled substance.
5     (e) Before the Department releases confidential
6 information under subsection (d), the applicant must
7 demonstrate in writing to the Department that:
8         (1) the applicant has reason to believe that a
9     violation under any State or federal law that involves a
10     Schedule II controlled substance has occurred; and
11         (2) the requested information is reasonably related to
12     the investigation, adjudication, or prosecution of the
13     violation described in subdivision (1).
14     (f) The Department may release to:
15         (1) a governing body that licenses practitioners;
16         (2) an investigator for the Consumer Protection
17     Division of the office of the Attorney General, a
18     prosecuting attorney, the Attorney General, a deputy
19     Attorney General, or an investigator from the office of the
20     Attorney General; or
21         (3) a law enforcement officer who is:
22             (A) authorized by the Department of State Police to
23         receive the type of information released; and
24             (B) approved by the Department to receive the type
25         of information released; or
26         (4) prescription monitoring entities in other states

 

 

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1     per the provisions outlined in subsection (g) and (h)
2     below;
3 confidential prescription record information collected under
4 Sections 316 and 321 generated from computer records that
5 identifies vendors or practitioners, or both, who are
6 prescribing or dispensing large quantities of a Schedule II,
7 III, IV, or V controlled substances outside the scope of their
8 practice, pharmacy, or business, substance as determined by the
9 Advisory Committee created by Section 320.
10     (g) The information described in subsection (f) may not be
11 released until it has been reviewed by an employee of the
12 Department who is licensed as a prescriber or a dispenser and
13 until that employee has certified that further investigation is
14 warranted. However, failure to comply with this subsection (g)
15 does not invalidate the use of any evidence that is otherwise
16 admissible in a proceeding described in subsection (h).
17     (h) An investigator or a law enforcement officer receiving
18 confidential information under subsection (c), (d), or (f) may
19 disclose the information to a law enforcement officer or an
20 attorney for the office of the Attorney General for use as
21 evidence in the following:
22         (1) A proceeding under any State or federal law that
23     involves a Schedule II controlled substance.
24         (2) A criminal proceeding or a proceeding in juvenile
25     court that involves a Schedule II controlled substance.
26     (i) The Department may compile statistical reports from the

 

 

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1 information described in subsection (a). The reports must not
2 include information that identifies, by name, license or
3 address, any practitioner, dispenser, ultimate user, or other
4 person administering a controlled substance.
5     (j) Based upon Federal, initial and maintenance funding, a
6 prescriber and dispenser inquiry system shall be developed to
7 assist the medical community in its goal of effective clinical
8 practice and to prevent patients from diverting or abusing
9 medications.
10         (1) An inquirer shall have read only access to a
11     stand-alone database which shall contain records for the
12     previous 6 months.
13         (2) Dispensers may, upon positive and secure
14     identification, make an inquiry on a patient or customer
15     solely for a medical purpose as delineated within the
16     Federal HIPAA law.
17         (3) The Department shall provide a one-to-one secure
18     link and encrypted software necessary to establish the link
19     between an inquirer and the Department. Technical
20     assistance shall also be provided.
21         (4) Written inquiries are acceptable but must include
22     the fee and the requestor's Drug Enforcement
23     Administration license number and submitted upon the
24     requestor's business stationary.
25         (5) No data shall be stored in the database beyond 24
26     months.

 

 

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1         (6) Tracking analysis shall be established and used per
2     administrative rule.
3         (7) Nothing in this Act or Illinois law shall be
4     construed to require a prescriber or dispenser to make use
5     of this inquiry system.
6         (8) If there is an adverse outcome because of a
7     prescriber making an inquiry, which is initiated in good
8     faith, the prescriber shall be held harmless from any civil
9     liability.
10 (Source: P.A. 91-576, eff. 4-1-00.)
 
11     (720 ILCS 570/319)
12     Sec. 319. Rules. The Department must adopt rules under the
13 Illinois Administrative Procedure Act to implement Sections
14 316 through 321 318, including the following:
15         (1) Information collection and retrieval procedures
16     for the central repository, including the Schedule II
17     controlled substances to be included in the program
18     required under Section 316 and 321.
19         (2) Design for the creation of the database required
20     under Section 317.
21         (3) Requirements for the development and installation
22     of on-line electronic access by the Department to
23     information collected by the central repository.
24 (Source: P.A. 91-576, eff. 4-1-00.)
 

 

 

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1     (720 ILCS 570/320)
2     Sec. 320. Advisory committee.
3     (a) The Secretary of Human Services must appoint an
4 advisory committee to assist the Department in implementing the
5 Schedule II controlled substance prescription monitoring
6 program created by Section 316 and 321 of this Act. The
7 Advisory Committee consists of prescribers and dispensers.
8     (b) The Secretary of Human Services must determine the
9 number of members to serve on the advisory committee. The
10 Secretary must choose one of the members of the advisory
11 committee to serve as chair of the committee.
12     (c) The advisory committee may appoint its other officers
13 as it deems appropriate.
14     (d) The members of the advisory committee shall receive no
15 compensation for their services as members of the advisory
16 committee but may be reimbursed for their actual expenses
17 incurred in serving on the advisory committee.
18 (Source: P.A. 91-576, eff. 4-1-00.)
 
19     (720 ILCS 570/321 new)
20     Sec. 321. Schedule III, IV, and V controlled substance
21 prescription monitoring program.
22     (a) The Department shall provide for a Schedule III, IV,
23 and V controlled substances prescription monitoring program
24 contingent upon full funding from the authorized Federal agency
25 less incidental expenses.

 

 

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1     (b) Prescription data collected for Schedules III, IV, and
2 V shall include the components listed in Section 316(1), (2),
3 and (3).
4     (c) The information required to be transmitted under this
5 Section must be transmitted not more than 7 days after the date
6 on which a controlled substance is dispensed.
7     (d) If Federal funding is not provided, the Department
8 shall cease data collection for Schedules III, IV, and V.
9     (e) All requirements for this Section shall comply with the
10 federal HIPAA statute.".