Full Text of HB0601 102nd General Assembly
HB0601eng 102ND GENERAL ASSEMBLY |
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| 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. Findings. The General Assembly finds that: | 5 | | (1) Prior to August of 2020, the federal Substance | 6 | | Abuse
and Mental Health Services Administration (SAMHSA) | 7 | | and the
federal Confidentiality of Substance Use Disorder | 8 | | Patient Records set
forth at 42 CFR 2, prohibited the | 9 | | sharing of substance use disorder
treatment information by | 10 | | opioid treatment programs with prescription
monitoring | 11 | | programs. | 12 | | (2) In August 2020, SAMHSA amended 42 CFR 2 to permit
| 13 | | the sharing of substance use disorder treatment | 14 | | information by opioid
treatment programs with prescription | 15 | | monitoring programs. | 16 | | (3) In light of the federal modification to 42 CFR 2 | 17 | | and the protections
available under federal and State law | 18 | | and the express requirement of patient
consent, the | 19 | | reporting by opioid treatment programs to the prescription
| 20 | | monitoring program is permitted and will allow for better | 21 | | coordination
of care among treating providers. | 22 | | Section 10. The Illinois Controlled Substances Act is | 23 | | amended by changing Section 316 as follows:
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| 1 | | (720 ILCS 570/316)
| 2 | | Sec. 316. Prescription Monitoring Program. | 3 | | (a) The Department must provide for a
Prescription | 4 | | Monitoring Program for Schedule II, III, IV, and V controlled | 5 | | substances that includes the following components and | 6 | | requirements:
| 7 | | (1) The
dispenser must transmit to the
central | 8 | | repository, in a form and manner specified by the | 9 | | Department, the following information:
| 10 | | (A) The recipient's name and address.
| 11 | | (B) The recipient's date of birth and gender.
| 12 | | (C) The national drug code number of the | 13 | | controlled
substance
dispensed.
| 14 | | (D) The date the controlled substance is | 15 | | dispensed.
| 16 | | (E) The quantity of the controlled substance | 17 | | dispensed and days supply.
| 18 | | (F) The dispenser's United States Drug Enforcement | 19 | | Administration
registration number.
| 20 | | (G) The prescriber's United States Drug | 21 | | Enforcement Administration
registration number.
| 22 | | (H) The dates the controlled substance | 23 | | prescription is filled. | 24 | | (I) The payment type used to purchase the | 25 | | controlled substance (i.e. Medicaid, cash, third party |
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| 1 | | insurance). | 2 | | (J) The patient location code (i.e. home, nursing | 3 | | home, outpatient, etc.) for the controlled substances | 4 | | other than those filled at a retail pharmacy. | 5 | | (K) Any additional information that may be | 6 | | required by the department by administrative rule, | 7 | | including but not limited to information required for | 8 | | compliance with the criteria for electronic reporting | 9 | | of the American Society for Automation and Pharmacy or | 10 | | its successor. | 11 | | (2) The information required to be transmitted under | 12 | | this Section must be
transmitted not later than the end of | 13 | | the next business day after the date on which a
controlled | 14 | | substance is dispensed, or at such other time as may be | 15 | | required by the Department by administrative rule.
| 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 | | (3.5) The requirements of paragraphs (1), (2), and (3)
| 25 | | of this subsection also apply to opioid treatment programs | 26 | | that are
licensed or certified by the Department of Human |
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| 1 | | Services's
Division of Substance Use Prevention and | 2 | | Recovery and are
authorized by the federal Drug | 3 | | Enforcement Administration to
prescribe Schedule II, III, | 4 | | IV, or V controlled substances for
the treatment of opioid | 5 | | use disorders. Opioid treatment
programs shall attempt to | 6 | | obtain written patient consent, shall document attempts to | 7 | | obtain the written consent, and shall not transmit | 8 | | information without patient
consent. Documentation | 9 | | obtained under this paragraph shall not be utilized for | 10 | | law
enforcement purposes, as proscribed under 42 CFR 2,
as | 11 | | amended by 42 U.S.C. 290dd-2. Treatment of a patient
shall | 12 | | not be conditioned upon his or her written consent. | 13 | | (4) The Department may impose a civil fine of up to | 14 | | $100 per day for willful failure to report controlled | 15 | | substance dispensing to the Prescription Monitoring | 16 | | Program. The fine shall be calculated on no more than the | 17 | | number of days from the time the report was required to be | 18 | | made until the time the problem was resolved, and shall be | 19 | | payable to the Prescription Monitoring Program.
| 20 | | (a-5) Notwithstanding subsection (a), a licensed | 21 | | veterinarian is exempt from the reporting requirements of this | 22 | | Section. If a person who is presenting an animal for treatment | 23 | | is suspected of fraudulently obtaining any controlled | 24 | | substance or prescription for a controlled substance, the | 25 | | licensed veterinarian shall report that information to the | 26 | | local law enforcement agency. |
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| 1 | | (b) The Department, by rule, may include in the | 2 | | Prescription Monitoring Program certain other select drugs | 3 | | that are not included in Schedule II, III, IV, or V. The | 4 | | Prescription Monitoring Program does not apply to
controlled | 5 | | substance prescriptions as exempted under Section
313.
| 6 | | (c) The collection of data on select drugs and scheduled | 7 | | substances by the Prescription Monitoring Program may be used | 8 | | as a tool for addressing oversight requirements of long-term | 9 | | care institutions as set forth by Public Act 96-1372. | 10 | | Long-term care pharmacies shall transmit patient medication | 11 | | profiles to the Prescription Monitoring Program monthly or | 12 | | more frequently as established by administrative rule. | 13 | | (d) The Department of Human Services shall appoint a | 14 | | full-time Clinical Director of the Prescription Monitoring | 15 | | Program. | 16 | | (e) (Blank). | 17 | | (f) Within one year of January 1, 2018 (the effective date | 18 | | of Public Act 100-564), the Department shall adopt rules | 19 | | requiring all Electronic Health Records Systems to interface | 20 | | with the Prescription Monitoring Program application program | 21 | | on or before January 1, 2021 to ensure that all providers have | 22 | | access to specific patient records during the treatment of | 23 | | their patients. These rules shall also address the electronic | 24 | | integration of pharmacy records with the Prescription | 25 | | Monitoring Program to allow for faster transmission of the | 26 | | information required under this Section. The Department shall |
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| 1 | | establish actions to be taken if a prescriber's Electronic | 2 | | Health Records System does not effectively interface with the | 3 | | Prescription Monitoring Program within the required timeline. | 4 | | (g) The Department, in consultation with the Prescription | 5 | | Monitoring Program Advisory Committee, shall adopt rules | 6 | | allowing licensed prescribers or pharmacists who have | 7 | | registered to access the Prescription Monitoring Program to | 8 | | authorize a licensed or non-licensed designee employed in that | 9 | | licensed prescriber's office or a licensed designee in a | 10 | | licensed pharmacist's pharmacy who has received training in | 11 | | the federal Health Insurance Portability and Accountability | 12 | | Act and 42 CFR 2 to consult the Prescription Monitoring | 13 | | Program on their behalf. The rules shall include reasonable | 14 | | parameters concerning a practitioner's authority to authorize | 15 | | a designee, and the eligibility of a person to be selected as a | 16 | | designee. In this subsection (g), "pharmacist" shall include a | 17 | | clinical pharmacist employed by and designated by a Medicaid | 18 | | Managed Care Organization providing services under Article V | 19 | | of the Illinois Public Aid Code under a contract with the | 20 | | Department of Healthcare and Family Services for the sole | 21 | | purpose of clinical review of services provided to persons | 22 | | covered by the entity under the contract to determine | 23 | | compliance with subsections (a) and (b) of Section 314.5 of | 24 | | this Act. A managed care entity pharmacist shall notify | 25 | | prescribers of review activities. | 26 | | (Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18; |
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| 1 | | 100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff. | 2 | | 7-12-19; 101-414, eff. 8-16-19.)
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