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| Public Act 095-0442 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
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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
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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.
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(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
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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
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prescriber's agent to the dispensing pharmacy by facsimile. The
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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.
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(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
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residence, long-term care facility, or hospice program
setting
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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
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prescription for purposes of this paragraph (c) and it shall be | ||
maintained in
the same manner as the original written | ||
prescription.
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(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
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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
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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.
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(d) Controlled substances which are lawfully administered
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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.
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(Source: P.A. 91-576, eff. 4-1-00; 91-714, eff. 6-2-00.)
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(720 ILCS 570/316)
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Sec. 316. Schedule II controlled substance prescription | ||
monitoring program.
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The Department must provide for a Schedule II controlled | ||
substance
prescription monitoring program that includes the | ||
following components:
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(1) The
Each time a Schedule II controlled substance is
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dispensed, the
dispenser must transmit to the
central | ||
repository the following information:
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(A) The recipient's name.
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(B) The recipient's address.
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(C) The national drug code number of the Schedule | ||
II controlled
substance
dispensed.
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(D) The date the Schedule II controlled substance | ||
is dispensed.
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(E) The quantity of the Schedule II controlled | ||
substance dispensed.
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(F) The dispenser's United States Drug Enforcement | ||
Administration
Agency
registration number.
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(G) The prescriber's United States Drug | ||
Enforcement Administration
Agency
registration number.
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(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.
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(3) A dispenser must transmit the information required | ||
under this Section
by:
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(A) an electronic device compatible with the | ||
receiving device of the
central repository;
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(B) a computer diskette;
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(C) a magnetic tape; or
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(D) a pharmacy universal claim form or Pharmacy | ||
Inventory Control form;
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that meets specifications prescribed by the Department.
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Controlled
Schedule II controlled substance prescription | ||
monitoring does not apply to
Schedule II controlled substance | ||
prescriptions as exempted under Section
313.
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(Source: P.A. 91-576, eff. 4-1-00; 91-714, eff. 6-2-00.)
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(720 ILCS 570/317)
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Sec. 317. Central repository for collection of | ||
information.
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(a) The Department must designate a central repository for
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the collection of information transmitted under Section 316 and | ||
321.
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(b) The central repository must do the following:
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(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:
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(A) A recipient's name.
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(B) A recipient's address.
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(C) The national drug code number of a controlled | ||
substance
dispensed.
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(D) The dates a Schedule II controlled substance is | ||
dispensed.
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(E) The quantities of a Schedule II controlled | ||
substance dispensed.
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(F) A dispenser's United States Drug Enforcement | ||
Administration
Agency
registration number.
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(G) A prescriber's United States Drug Enforcement | ||
Administration
Agency
registration number.
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(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
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Professional
Regulation must provide the
Department with | ||
electronic access to the license information of a | ||
prescriber or
dispenser. The Department of Financial and
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Professional Regulation may charge a fee for this
access | ||
not to exceed the actual cost of furnishing the | ||
information.
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(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.
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(Source: P.A. 91-576, eff. 4-1-00.)
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(720 ILCS 570/318)
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Sec. 318. Confidentiality of information.
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(a) Information received by the central repository under | ||
Section 316 and 321
is confidential.
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(b) The Department must carry out a program to protect the
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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
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information.
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(c) The Department may disclose confidential information | ||
described
in subsection (a) to any person who is engaged in | ||
receiving, processing, or
storing the information.
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(d) The Department may release confidential information | ||
described
in subsection (a) to the following persons:
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(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.
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(2) An investigator for the Consumer Protection | ||
Division of the office of
the Attorney General, a | ||
prosecuting attorney, the Attorney General, a deputy
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Attorney General, or an investigator from the office of the | ||
Attorney General,
who is engaged in any of the following | ||
activities involving controlled
substances:
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(A) an investigation;
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(B) an adjudication; or
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(C) a prosecution
of a violation under any State or | ||
federal law that involves a controlled
substance.
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(3) A law enforcement officer who is:
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(A) authorized by the Department of State Police or | ||
the office of a county sheriff or State's Attorney or
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municipal police department of Illinois to receive
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information
of the type requested for the purpose of | ||
investigations involving controlled
substances; or
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(B) approved by the Department to receive | ||
information of the
type requested for the purpose of | ||
investigations involving controlled
substances; and
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(C) engaged in the investigation or prosecution of | ||
a violation
under
any State or federal law that | ||
involves a controlled substance.
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(e) Before the Department releases confidential | ||
information under
subsection (d), the applicant must | ||
demonstrate in writing to the Department that:
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(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
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(2) the requested information is reasonably related to | ||
the investigation,
adjudication, or prosecution of the | ||
violation described in subdivision (1).
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(f) The Department may receive and release prescription | ||
record information
release to:
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(1) a governing
body that licenses practitioners;
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(2) an investigator for the Consumer Protection | ||
Division of the office of
the Attorney General, a | ||
prosecuting attorney, the Attorney General, a deputy
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Attorney General, or an investigator from the office of the | ||
Attorney General;
or
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(3) any Illinois
a law enforcement officer who is:
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(A) authorized by the Department of State Police to | ||
receive the type of
information released; and
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(B) approved by the Department to receive the type | ||
of
information released; or
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(4) prescription monitoring entities in other states | ||
per the provisions outlined in subsection (g) and (h) | ||
below;
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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.
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(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
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admissible in a proceeding described in subsection (h).
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(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:
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(1) A proceeding under any State or federal law that | ||
involves a
Schedule II controlled substance.
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(2) A criminal proceeding or a proceeding in juvenile | ||
court that involves
a Schedule II controlled substance.
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(i) The Department may compile statistical reports from the
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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.
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(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.
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(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.
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(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.
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(Source: P.A. 91-576, eff. 4-1-00.)
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(720 ILCS 570/319)
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Sec. 319. Rules. The Department must adopt rules under the | ||
Illinois
Administrative
Procedure Act to
implement Sections | ||
316 through 321
318, including the following:
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(1) Information collection and retrieval procedures | ||
for the central
repository, including the Schedule II
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controlled substances to be included in
the program
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required under Section 316 and 321.
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(2) Design for the creation of the database required | ||
under Section
317.
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(3) Requirements for the development and installation | ||
of on-line
electronic access by the Department to | ||
information collected by the
central repository.
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(Source: P.A. 91-576, eff. 4-1-00.)
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(720 ILCS 570/320)
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Sec. 320. Advisory committee.
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(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.
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(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.
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(c) The advisory committee may appoint its other officers | ||
as it deems
appropriate.
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(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.
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(Source: P.A. 91-576, eff. 4-1-00.)
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(720 ILCS 570/321 new)
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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.
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