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Full Text of SB1607  100th General Assembly

SB1607sam003 100TH GENERAL ASSEMBLY

Sen. Melinda Bush

Filed: 5/15/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1607

2    AMENDMENT NO. ______. Amend Senate Bill 1607, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Controlled Substances Act is
6amended by changing Sections 314.5 and 316 as follows:
 
7    (720 ILCS 570/314.5)
8    Sec. 314.5. Medication shopping; pharmacy shopping.
9    (a) It shall be unlawful for any person knowingly or
10intentionally to fraudulently obtain or fraudulently seek to
11obtain any controlled substance or prescription for a
12controlled substance from a prescriber or dispenser while being
13supplied with any controlled substance or prescription for a
14controlled substance by another prescriber or dispenser,
15without disclosing the fact of the existing controlled
16substance or prescription for a controlled substance to the

 

 

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1prescriber or dispenser from whom the subsequent controlled
2substance or prescription for a controlled substance is sought.
3    (a-5) Before issuing a prescription for a Schedule II, III,
4IV, or V controlled substance, a prescriber or his or her
5designee shall access the prescription monitoring program to
6determine compliance with this Section. A prescriber who
7prescribes a Schedule II, III, IV, or V controlled substance in
8the course of oncology treatment, a condition associated with
9oncology, or hospice care is exempt from having to check the
10Prescription Monitoring Program prior to prescribing the
11controlled substance.
12    (b) It shall be unlawful for a person knowingly or
13intentionally to fraudulently obtain or fraudulently seek to
14obtain any controlled substance from a pharmacy while being
15supplied with any controlled substance by another pharmacy,
16without disclosing the fact of the existing controlled
17substance to the pharmacy from which the subsequent controlled
18substance is sought.
19    (c) A person may be in violation of Section 3.23 of the
20Illinois Food, Drug and Cosmetic Act or Section 406 of this Act
21when medication shopping or pharmacy shopping, or both.
22    (d) When a person has been identified as having 3 or more
23prescribers or 3 or more pharmacies, or both, that do not
24utilize a common electronic file as specified in Section 20 of
25the Pharmacy Practice Act for controlled substances within the
26course of a continuous 30-day period, the Prescription

 

 

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1Monitoring Program may issue an unsolicited report to the
2prescribers, dispensers, and their designees informing them of
3the potential medication shopping. If an unsolicited report is
4issued to a prescriber or prescribers, then the report must
5also be sent to the applicable dispensing pharmacy.
6    (e) Nothing in this Section shall be construed to create a
7requirement that any prescriber, dispenser, or pharmacist
8request any patient medication disclosure, report any patient
9activity, or prescribe or refuse to prescribe or dispense any
10medications.
11    (f) This Section shall not be construed to apply to
12inpatients or residents at hospitals or other institutions or
13to institutional pharmacies.
14    (g) Any patient feedback, including grades, ratings, or
15written or verbal statements, in opposition to a clinical
16decision that the prescription of a controlled substance is not
17medically necessary shall not be the basis of any adverse
18action, evaluation, or any other type of negative
19credentialing, contracting, licensure, or employment action
20taken against a prescriber or dispenser.
21(Source: P.A. 99-480, eff. 9-9-15.)
 
22    (720 ILCS 570/316)
23    Sec. 316. Prescription monitoring program.
24    (a) The Department must provide for a prescription
25monitoring program for Schedule II, III, IV, and V controlled

 

 

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1substances that includes the following components and
2requirements:
3        (1) The dispenser must transmit to the central
4    repository, in a form and manner specified by the
5    Department, the following information:
6            (A) The recipient's name and address.
7            (B) The recipient's date of birth and gender.
8            (C) The national drug code number of the controlled
9        substance dispensed.
10            (D) The date the controlled substance is
11        dispensed.
12            (E) The quantity of the controlled substance
13        dispensed and days supply.
14            (F) The dispenser's United States Drug Enforcement
15        Administration registration number.
16            (G) The prescriber's United States Drug
17        Enforcement Administration registration number.
18            (H) The dates the controlled substance
19        prescription is filled.
20            (I) The payment type used to purchase the
21        controlled substance (i.e. Medicaid, cash, third party
22        insurance).
23            (J) The patient location code (i.e. home, nursing
24        home, outpatient, etc.) for the controlled substances
25        other than those filled at a retail pharmacy.
26            (K) Any additional information that may be

 

 

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1        required by the department by administrative rule,
2        including but not limited to information required for
3        compliance with the criteria for electronic reporting
4        of the American Society for Automation and Pharmacy or
5        its successor.
6        (2) The information required to be transmitted under
7    this Section must be transmitted not later than the end of
8    the next business day after the date on which a controlled
9    substance is dispensed, or at such other time as may be
10    required by the Department by administrative rule.
11        (3) A dispenser must transmit the information required
12    under this Section by:
13            (A) an electronic device compatible with the
14        receiving device of the central repository;
15            (B) a computer diskette;
16            (C) a magnetic tape; or
17            (D) a pharmacy universal claim form or Pharmacy
18        Inventory Control form;
19        (4) The Department may impose a civil fine of up to
20    $100 per day for willful failure to report controlled
21    substance dispensing to the Prescription Monitoring
22    Program. The fine shall be calculated on no more than the
23    number of days from the time the report was required to be
24    made until the time the problem was resolved, and shall be
25    payable to the Prescription Monitoring Program.
26    (b) The Department, by rule, may include in the monitoring

 

 

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1program certain other select drugs that are not included in
2Schedule II, III, IV, or V. The prescription monitoring program
3does not apply to controlled substance prescriptions as
4exempted under Section 313.
5    (c) The collection of data on select drugs and scheduled
6substances by the Prescription Monitoring Program may be used
7as a tool for addressing oversight requirements of long-term
8care institutions as set forth by Public Act 96-1372. Long-term
9care pharmacies shall transmit patient medication profiles to
10the Prescription Monitoring Program monthly or more frequently
11as established by administrative rule.
12    (d) The Department of Human Services shall appoint a
13full-time Clinical Director of the Prescription Monitoring
14Program.
15    (e) (Blank). Within one year of the effective date of this
16amendatory Act of the 99th General Assembly, the Department
17shall adopt rules establishing pilot initiatives involving a
18cross-section of hospitals in this State to increase electronic
19integration of a hospital's electronic health record with the
20Prescription Monitoring Program on or before January 1, 2019 to
21ensure all providers have timely access to relevant
22prescription information during the treatment of their
23patients. These rules shall also establish pilots that enhance
24the electronic integration of outpatient pharmacy records with
25the Prescription Monitoring Program to allow for faster
26transmission of the information required under this Section. In

 

 

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1collaboration with the Department of Human Services, the
2Prescription Monitoring Program Advisory Committee shall
3identify funding sources to support the pilot projects in this
4Section and distribution of funds shall be based on voluntary
5and incentive-based models. The rules adopted by the Department
6shall also ensure that the Department continues to monitor
7updates in Electronic Health Record Technology and how other
8states have integrated their prescription monitoring databases
9with Electronic Health Records.
10    (f) Within one year of the effective date of this
11amendatory Act of the 100th General Assembly, the Department
12shall adopt rules requiring all Electronic Health Records
13Systems to interface with the Prescription Monitoring Program
14application program on or before January 1, 2021 to ensure that
15all providers have access to specific patient records during
16the treatment of their patients. These rules shall also address
17the electronic integration of pharmacy records with the
18Prescription Monitoring Program to allow for faster
19transmission of the information required under this Section.
20The Department shall establish actions to be taken if a
21prescriber's Electronic Health Records System does not
22effectively interface with the Prescription Monitoring Program
23within the required timeline.
24    (g) The Department, in consultation with the Advisory
25Committee, shall adopt rules allowing licensed prescribers or
26pharmacists who have registered to access the Prescription

 

 

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1Monitoring Program to authorize a designee to consult the
2Prescription Monitoring Program on their behalf. The rules
3shall include reasonable parameters concerning a
4practitioner's authority to authorize a designee, and the
5eligibility of a person to be selected as a designee.
6(Source: P.A. 99-480, eff. 9-9-15.)".