Public Act 095-0442
 
SB0030 Enrolled LRB095 04252 RLC 24293 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Controlled Substances Act is
amended by changing Sections 313, 316, 317, 318, 319, and 320
and by adding Section 321 as follows:
 
    (720 ILCS 570/313)  (from Ch. 56 1/2, par. 1313)
    Sec. 313. (a) Controlled substances which are lawfully
administered in hospitals or institutions licensed under the
"Hospital Licensing Act" shall be exempt from the requirements
of Sections 312 and 316 except that the prescription for the
controlled substance shall be in writing on the patient's
record, signed by the prescriber, dated, and shall state the
name, and quantity of controlled substances ordered and the
quantity actually administered. The records of such
prescriptions shall be maintained for two years and shall be
available for inspection by officers and employees of the
Department of State Police, and the Department of Professional
Regulation.
    (b) Controlled substances that can lawfully be
administered or dispensed directly to a patient in a long-term
care facility licensed by the Department of Public Health as a
skilled nursing facility, intermediate care facility, or
long-term care facility for residents under 22 years of age,
are exempt from the requirements of Section 312 except that a
prescription for a Schedule II controlled substance must be
either a written prescription signed by the prescriber or a
written prescription transmitted by the prescriber or
prescriber's agent to the dispensing pharmacy by facsimile. The
facsimile serves as the original prescription and must be
maintained for 2 years from the date of issue in the same
manner as a written prescription signed by the prescriber.
    (c) A prescription that is written for a Schedule II
controlled substance to be compounded for direct
administration by parenteral, intravenous, intramuscular,
subcutaneous, or intraspinal infusion to a patient in a private
residence, long-term care facility, or hospice program setting
may be transmitted by facsimile by the prescriber or the
prescriber's agent to the pharmacy providing the home infusion
services. The facsimile serves as the original written
prescription for purposes of this paragraph (c) and it shall be
maintained in the same manner as the original written
prescription.
    (c-1) A prescription written for a Schedule II controlled
substance for a patient residing in a hospice certified by
Medicare under Title XVIII of the Social Security Act or
licensed by the State may be transmitted by the practitioner or
the practitioner's agent to the dispensing pharmacy by
facsimile. The practitioner or practitioner's agent must note
on the prescription that the patient is a hospice patient. The
facsimile serves as the original written prescription for
purposes of this paragraph (c-1) and it shall be maintained in
the same manner as the original written prescription.
    (d) Controlled substances which are lawfully administered
and/or dispensed in drug abuse treatment programs licensed by
the Department shall be exempt from the requirements of
Sections 312 and 316, except that the prescription for such
controlled substances shall be issued and authenticated on
official prescription logs prepared and supplied by the
Department. The official prescription logs issued by the
Department shall be printed in triplicate on distinctively
marked paper and furnished to programs at reasonable cost. The
official prescription logs furnished to the programs shall
contain, in preprinted form, such information as the Department
may require. The official prescription logs shall be properly
endorsed by a physician licensed to practice medicine in all
its branches issuing the order, with his own signature and the
date of ordering, and further endorsed by the practitioner
actually administering or dispensing the dosage at the time of
such administering or dispensing in accordance with
requirements issued by the Department. The duplicate copy shall
be retained by the program for a period of not less than three
years nor more than seven years; the original and triplicate
copy shall be returned to the Department at its principal
office in accordance with requirements set forth by the
Department.
(Source: P.A. 91-576, eff. 4-1-00; 91-714, eff. 6-2-00.)
 
    (720 ILCS 570/316)
    Sec. 316. Schedule II controlled substance prescription
monitoring program.
    The Department must provide for a Schedule II controlled
substance prescription monitoring program that includes the
following components:
        (1) The Each time a Schedule II controlled substance is
    dispensed, the dispenser must transmit to the central
    repository the following information:
            (A) The recipient's name.
            (B) The recipient's address.
            (C) The national drug code number of the Schedule
        II controlled substance dispensed.
            (D) The date the Schedule II controlled substance
        is dispensed.
            (E) The quantity of the Schedule II controlled
        substance dispensed.
            (F) The dispenser's United States Drug Enforcement
        Administration Agency registration number.
            (G) The prescriber's United States Drug
        Enforcement Administration Agency registration number.
        (2) The information required to be transmitted under
    this Section must be transmitted not more than 7 15 days
    after the date on which a Schedule II controlled substance
    is dispensed.
        (3) A dispenser must transmit the information required
    under this Section by:
            (A) an electronic device compatible with the
        receiving device of the central repository;
            (B) a computer diskette;
            (C) a magnetic tape; or
            (D) a pharmacy universal claim form or Pharmacy
        Inventory Control form;
    that meets specifications prescribed by the Department.
    Controlled Schedule II controlled substance prescription
monitoring does not apply to Schedule II controlled substance
prescriptions as exempted under Section 313.
(Source: P.A. 91-576, eff. 4-1-00; 91-714, eff. 6-2-00.)
 
    (720 ILCS 570/317)
    Sec. 317. Central repository for collection of
information.
    (a) The Department must designate a central repository for
the collection of information transmitted under Section 316 and
321.
    (b) The central repository must do the following:
        (1) Create a database for information required to be
    transmitted under Section 316 in the form required under
    rules adopted by the Department, including search
    capability for the following:
            (A) A recipient's name.
            (B) A recipient's address.
            (C) The national drug code number of a controlled
        substance dispensed.
            (D) The dates a Schedule II controlled substance is
        dispensed.
            (E) The quantities of a Schedule II controlled
        substance dispensed.
            (F) A dispenser's United States Drug Enforcement
        Administration Agency registration number.
            (G) A prescriber's United States Drug Enforcement
        Administration Agency registration number.
        (2) Provide the Department with a continuing 24 hour a
    day on-line access to the database maintained by the
    central repository. The Department of Financial and
    Professional Regulation must provide the Department with
    electronic access to the license information of a
    prescriber or dispenser. The Department of Financial and
    Professional Regulation may charge a fee for this access
    not to exceed the actual cost of furnishing the
    information.
        (3) Secure the information collected by the central
    repository and the database maintained by the central
    repository against access by unauthorized persons.
    No fee shall be charged for access by a prescriber or
dispenser.
(Source: P.A. 91-576, eff. 4-1-00.)
 
    (720 ILCS 570/318)
    Sec. 318. Confidentiality of information.
    (a) Information received by the central repository under
Section 316 and 321 is confidential.
    (b) The Department must carry out a program to protect the
confidentiality of the information described in subsection
(a). The Department may disclose the information to another
person only under subsection (c), (d), or (f) and may charge a
fee not to exceed the actual cost of furnishing the
information.
    (c) The Department may disclose confidential information
described in subsection (a) to any person who is engaged in
receiving, processing, or storing the information.
    (d) The Department may release confidential information
described in subsection (a) to the following persons:
        (1) A governing body that licenses practitioners and is
    engaged in an investigation, an adjudication, or a
    prosecution of a violation under any State or federal law
    that involves a controlled substance.
        (2) An investigator for the Consumer Protection
    Division of the office of the Attorney General, a
    prosecuting attorney, the Attorney General, a deputy
    Attorney General, or an investigator from the office of the
    Attorney General, who is engaged in any of the following
    activities involving controlled substances:
            (A) an investigation;
            (B) an adjudication; or
            (C) a prosecution of a violation under any State or
        federal law that involves a controlled substance.
        (3) A law enforcement officer who is:
            (A) authorized by the Department of State Police or
        the office of a county sheriff or State's Attorney or
        municipal police department of Illinois to receive
        information of the type requested for the purpose of
        investigations involving controlled substances; or
            (B) approved by the Department to receive
        information of the type requested for the purpose of
        investigations involving controlled substances; and
            (C) engaged in the investigation or prosecution of
        a violation under any State or federal law that
        involves a controlled substance.
    (e) Before the Department releases confidential
information under subsection (d), the applicant must
demonstrate in writing to the Department that:
        (1) the applicant has reason to believe that a
    violation under any State or federal law that involves a
    Schedule II controlled substance has occurred; and
        (2) the requested information is reasonably related to
    the investigation, adjudication, or prosecution of the
    violation described in subdivision (1).
    (f) The Department may receive and release prescription
record information release to:
        (1) a governing body that licenses practitioners;
        (2) an investigator for the Consumer Protection
    Division of the office of the Attorney General, a
    prosecuting attorney, the Attorney General, a deputy
    Attorney General, or an investigator from the office of the
    Attorney General; or
        (3) any Illinois a law enforcement officer who is:
            (A) authorized by the Department of State Police to
        receive the type of information released; and
            (B) approved by the Department to receive the type
        of information released; or
        (4) prescription monitoring entities in other states
    per the provisions outlined in subsection (g) and (h)
    below;
confidential prescription record information collected under
Sections 316 and 321 generated from computer records that
identifies vendors or practitioners, or both, who are
prescribing or dispensing large quantities of a Schedule II,
III, IV, or V controlled substances outside the scope of their
practice, pharmacy, or business, substance as determined by the
Advisory Committee created by Section 320.
    (g) The information described in subsection (f) may not be
released until it has been reviewed by an employee of the
Department who is licensed as a prescriber or a dispenser and
until that employee has certified that further investigation is
warranted. However, failure to comply with this subsection (g)
does not invalidate the use of any evidence that is otherwise
admissible in a proceeding described in subsection (h).
    (h) An investigator or a law enforcement officer receiving
confidential information under subsection (c), (d), or (f) may
disclose the information to a law enforcement officer or an
attorney for the office of the Attorney General for use as
evidence in the following:
        (1) A proceeding under any State or federal law that
    involves a Schedule II controlled substance.
        (2) A criminal proceeding or a proceeding in juvenile
    court that involves a Schedule II controlled substance.
    (i) The Department may compile statistical reports from the
information described in subsection (a). The reports must not
include information that identifies, by name, license or
address, any practitioner, dispenser, ultimate user, or other
person administering a controlled substance.
    (j) Based upon federal, initial and maintenance funding, a
prescriber and dispenser inquiry system shall be developed to
assist the medical community in its goal of effective clinical
practice and to prevent patients from diverting or abusing
medications.
        (1) An inquirer shall have read-only access to a
    stand-alone database which shall contain records for the
    previous 6 months.
        (2) Dispensers may, upon positive and secure
    identification, make an inquiry on a patient or customer
    solely for a medical purpose as delineated within the
    federal HIPAA law.
        (3) The Department shall provide a one-to-one secure
    link and encrypted software necessary to establish the link
    between an inquirer and the Department. Technical
    assistance shall also be provided.
        (4) Written inquiries are acceptable but must include
    the fee and the requestor's Drug Enforcement
    Administration license number and submitted upon the
    requestor's business stationary.
        (5) No data shall be stored in the database beyond 24
    months.
        (6) Tracking analysis shall be established and used per
    administrative rule.
        (7) Nothing in this Act or Illinois law shall be
    construed to require a prescriber or dispenser to make use
    of this inquiry system.
        (8) If there is an adverse outcome because of a
    prescriber or dispenser making an inquiry, which is
    initiated in good faith, the prescriber or dispenser shall
    be held harmless from any civil liability.
(Source: P.A. 91-576, eff. 4-1-00.)
 
    (720 ILCS 570/319)
    Sec. 319. Rules. The Department must adopt rules under the
Illinois Administrative Procedure Act to implement Sections
316 through 321 318, including the following:
        (1) Information collection and retrieval procedures
    for the central repository, including the Schedule II
    controlled substances to be included in the program
    required under Section 316 and 321.
        (2) Design for the creation of the database required
    under Section 317.
        (3) Requirements for the development and installation
    of on-line electronic access by the Department to
    information collected by the central repository.
(Source: P.A. 91-576, eff. 4-1-00.)
 
    (720 ILCS 570/320)
    Sec. 320. Advisory committee.
    (a) The Secretary of Human Services must appoint an
advisory committee to assist the Department in implementing the
Schedule II controlled substance prescription monitoring
program created by Section 316 and 321 of this Act. The
Advisory Committee consists of prescribers and dispensers.
    (b) The Secretary of Human Services must determine the
number of members to serve on the advisory committee. The
Secretary must choose one of the members of the advisory
committee to serve as chair of the committee.
    (c) The advisory committee may appoint its other officers
as it deems appropriate.
    (d) The members of the advisory committee shall receive no
compensation for their services as members of the advisory
committee but may be reimbursed for their actual expenses
incurred in serving on the advisory committee.
(Source: P.A. 91-576, eff. 4-1-00.)
 
    (720 ILCS 570/321 new)
    Sec. 321. Schedule III, IV, and V controlled substance
prescription monitoring program.
    (a) The Department shall provide for a Schedule III, IV,
and V controlled substances prescription monitoring program
contingent upon full funding from the authorized federal agency
less incidental expenses.
    (b) Prescription data collected for Schedules III, IV, and
V shall include the components listed in Section 316(1), (2),
and (3).
    (c) The information required to be transmitted under this
Section must be transmitted not more than 7 days after the date
on which a controlled substance is dispensed.
    (d) If federal funding is not provided, the Department
shall cease data collection for Schedules III, IV, and V.
    (e) All requirements for this Section shall comply with the
federal HIPAA statute.