Full Text of SB1842 102nd General Assembly
SB1842enr 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 Sections 314.5 and 316 as follows: |
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| 1 | | (720 ILCS 570/314.5) | 2 | | Sec. 314.5. Medication shopping; pharmacy shopping. | 3 | | (a) It shall be unlawful for any person knowingly or | 4 | | intentionally to fraudulently obtain or fraudulently seek to | 5 | | obtain any controlled substance or prescription for a | 6 | | controlled substance from a prescriber or dispenser while | 7 | | being supplied with any controlled substance or prescription | 8 | | for a controlled substance by another prescriber or dispenser, | 9 | | without disclosing the fact of the existing controlled | 10 | | substance or prescription for a controlled substance to the | 11 | | prescriber or dispenser from whom the subsequent controlled | 12 | | substance or prescription for a controlled substance is | 13 | | sought. | 14 | | (b) It shall be unlawful for a person knowingly or | 15 | | intentionally to fraudulently obtain or fraudulently seek to | 16 | | obtain any controlled substance from a pharmacy while being | 17 | | supplied with any controlled substance by another pharmacy, | 18 | | without disclosing the fact of the existing controlled | 19 | | substance to the pharmacy from which the subsequent controlled | 20 | | substance is sought. | 21 | | (c) A person may be in violation of Section 3.23 of the | 22 | | Illinois Food, Drug and Cosmetic Act or Section 406 of this Act | 23 | | when medication shopping or pharmacy shopping, or both. | 24 | | (c-5) Effective January 1, 2018, each prescriber | 25 | | possessing an Illinois controlled substances license shall |
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| 1 | | register with the Prescription Monitoring Program. | 2 | | Notwithstanding any provision of this Act to the contrary, | 3 | | beginning on and after the effective date of this amendatory | 4 | | Act of the 101st General Assembly, a licensed veterinarian | 5 | | shall be exempt from registration and prohibited from | 6 | | accessing patient information in the Prescription Monitoring | 7 | | Program. Licensed veterinarians that are existing registrants | 8 | | shall be removed from the Prescription Monitoring Program. | 9 | | Each prescriber or his or her designee shall also document an | 10 | | attempt to access patient information in the Prescription | 11 | | Monitoring Program to assess patient access to controlled | 12 | | substances when providing an initial prescription for Schedule | 13 | | II narcotics such as opioids, except for prescriptions for | 14 | | oncology treatment or palliative care, or a 7-day or less | 15 | | supply provided by a hospital emergency department when | 16 | | treating an acute, traumatic medical condition. This attempt | 17 | | to access shall be documented in the patient's medical record. | 18 | | The hospital shall facilitate the designation of a | 19 | | prescriber's designee for the purpose of accessing the | 20 | | Prescription Monitoring Program for services provided at the | 21 | | hospital. | 22 | | (d) When a person has been identified as having 5 3 or more | 23 | | prescribers or 5 3 or more pharmacies, or both, that do not | 24 | | utilize a common electronic file as specified in Section 20 of | 25 | | the Pharmacy Practice Act for controlled substances within the | 26 | | course of a 6-month continuous 30-day period, the Prescription |
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| 1 | | Monitoring Program may issue an unsolicited report to the | 2 | | prescribers, dispensers, and their designees informing them of | 3 | | the potential medication shopping. If an unsolicited report is | 4 | | issued to a prescriber or prescribers, then the
report must | 5 | | also be sent to the applicable dispensing pharmacy. | 6 | | (e) Nothing in this Section shall be construed to create a | 7 | | requirement that any prescriber, dispenser, or pharmacist | 8 | | request any patient medication disclosure, report any patient | 9 | | activity, or prescribe or refuse to prescribe or dispense any | 10 | | medications. | 11 | | (f) This Section shall not be construed to apply to | 12 | | inpatients or residents at hospitals or other institutions or | 13 | | to institutional pharmacies.
| 14 | | (g) Any patient feedback, including grades, ratings, or | 15 | | written or verbal statements, in opposition to a clinical | 16 | | decision that the prescription of a controlled substance is | 17 | | not medically necessary shall not be the basis of any adverse | 18 | | action, evaluation, or any other type of negative | 19 | | credentialing, contracting, licensure, or employment action | 20 | | taken against a prescriber or dispenser. | 21 | | (Source: P.A. 100-564, eff. 1-1-18; 101-414, eff. 8-16-19.)
| 22 | | (720 ILCS 570/316)
| 23 | | Sec. 316. Prescription Monitoring Program. | 24 | | (a) The Department must provide for a
Prescription | 25 | | Monitoring Program for Schedule II, III, IV, and V controlled |
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| 1 | | substances that includes the following components and | 2 | | requirements:
| 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 | 9 | | controlled
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 | | (3.5) The requirements of paragraphs (1), (2), and (3)
| 14 | | of this subsection also apply to opioid treatment programs | 15 | | that are
licensed or certified by the Department of Human | 16 | | Services'
Division of Substance Use Prevention and | 17 | | Recovery and are
authorized by the federal Drug | 18 | | Enforcement Administration to
prescribe Schedule II, III, | 19 | | IV, or V controlled substances for
the treatment of opioid | 20 | | use disorders. Opioid treatment
programs shall attempt to | 21 | | obtain written patient consent, shall document attempts to | 22 | | obtain the written consent, and shall not transmit | 23 | | information without patient
consent. Documentation | 24 | | obtained under this paragraph shall not be utilized for | 25 | | law
enforcement purposes, as proscribed under 42 CFR 2,
as | 26 | | amended by 42 U.S.C. 290dd-2. Treatment of a patient
shall |
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| 1 | | not be conditioned upon his or her written consent. | 2 | | (A) an electronic device compatible with the | 3 | | receiving device of the
central repository;
| 4 | | (B) a computer diskette;
| 5 | | (C) a magnetic tape; or
| 6 | | (D) a pharmacy universal claim form or Pharmacy | 7 | | Inventory Control form.
| 8 | | (4) The Department may impose a civil fine of up to | 9 | | $100 per day for willful failure to report controlled | 10 | | substance dispensing to the Prescription Monitoring | 11 | | Program. The fine shall be calculated on no more than the | 12 | | number of days from the time the report was required to be | 13 | | made until the time the problem was resolved, and shall be | 14 | | payable to the Prescription Monitoring Program.
| 15 | | (a-5) Notwithstanding subsection (a), a licensed | 16 | | veterinarian is exempt from the reporting requirements of this | 17 | | Section. If a person who is presenting an animal for treatment | 18 | | is suspected of fraudulently obtaining any controlled | 19 | | substance or prescription for a controlled substance, the | 20 | | licensed veterinarian shall report that information to the | 21 | | local law enforcement agency. | 22 | | (b) The Department, by rule, may include in the | 23 | | Prescription Monitoring Program certain other select drugs | 24 | | that are not included in Schedule II, III, IV, or V. The | 25 | | Prescription Monitoring Program does not apply to
controlled | 26 | | substance prescriptions as exempted under Section
313.
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| 1 | | (c) The collection of data on select drugs and scheduled | 2 | | substances by the Prescription Monitoring Program may be used | 3 | | as a tool for addressing oversight requirements of long-term | 4 | | care institutions as set forth by Public Act 96-1372. | 5 | | Long-term care pharmacies shall transmit patient medication | 6 | | profiles to the Prescription Monitoring Program monthly or | 7 | | more frequently as established by administrative rule. | 8 | | (d) The Department of Human Services shall appoint a | 9 | | full-time Clinical Director of the Prescription Monitoring | 10 | | Program. | 11 | | (e) (Blank). | 12 | | (f) Within one year of January 1, 2018 (the effective date | 13 | | of Public Act 100-564), the Department shall adopt rules | 14 | | requiring all Electronic Health Records Systems to interface | 15 | | with the Prescription Monitoring Program application program | 16 | | on or before January 1, 2021 to ensure that all providers have | 17 | | access to specific patient records during the treatment of | 18 | | their patients. These rules shall also address the electronic | 19 | | integration of pharmacy records with the Prescription | 20 | | Monitoring Program to allow for faster transmission of the | 21 | | information required under this Section. The Department shall | 22 | | establish actions to be taken if a prescriber's Electronic | 23 | | Health Records System does not effectively interface with the | 24 | | Prescription Monitoring Program within the required timeline. | 25 | | (g) The Department, in consultation with the Prescription | 26 | | Monitoring Program Advisory Committee, shall adopt rules |
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| 1 | | allowing licensed prescribers or pharmacists who have | 2 | | registered to access the Prescription Monitoring Program to | 3 | | authorize a licensed or non-licensed designee employed in that | 4 | | licensed prescriber's office or a licensed designee in a | 5 | | licensed pharmacist's pharmacy who has received training in | 6 | | the federal Health Insurance Portability and Accountability | 7 | | Act and 42 CFR 2 to consult the Prescription Monitoring | 8 | | Program on their behalf. The rules shall include reasonable | 9 | | parameters concerning a practitioner's authority to authorize | 10 | | a designee, and the eligibility of a person to be selected as a | 11 | | designee. In this subsection (g), "pharmacist" shall include a | 12 | | clinical pharmacist employed by and designated by a Medicaid | 13 | | Managed Care Organization providing services under Article V | 14 | | of the Illinois Public Aid Code under a contract with the | 15 | | Department of Healthcare and Family Services for the sole | 16 | | purpose of clinical review of services provided to persons | 17 | | covered by the entity under the contract to determine | 18 | | compliance with subsections (a) and (b) of Section 314.5 of | 19 | | this Act. A managed care entity pharmacist shall notify | 20 | | prescribers of review activities. | 21 | | (Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18; | 22 | | 100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff. | 23 | | 7-12-19; 101-414, eff. 8-16-19.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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