|
substance is sought. |
(c) A person may be in violation of Section 3.23 of the |
Illinois Food, Drug and Cosmetic Act or Section 406 of this Act |
when medication shopping or pharmacy shopping, or both. |
(c-5) Effective January 1, 2018, each prescriber |
possessing an Illinois controlled substances license shall |
register with the Prescription Monitoring Program. Each |
prescriber or his or her designee shall also document an |
attempt to access patient information in the Prescription |
Monitoring Program to assess patient access to controlled |
substances when providing an initial prescription for Schedule |
II narcotics such as opioids, except for prescriptions for |
oncology treatment or palliative care, or a 7-day or less |
supply provided by a hospital emergency department when |
treating an acute, traumatic medical condition. This attempt to |
access shall be documented in the patient's medical record. The |
hospital shall facilitate the designation of a prescriber's |
designee for the purpose of accessing the Prescription |
Monitoring Program for services provided at the hospital. |
(d) When a person has been identified as having 3 or more |
prescribers or 3 or more pharmacies, or both, that do not |
utilize a common electronic file as specified in Section 20 of |
the Pharmacy Practice Act for controlled substances within the |
course of a continuous 30-day period, the Prescription |
Monitoring Program may issue an unsolicited report to the |
prescribers, dispensers, and their designees informing them of |
|
the potential medication shopping. If an unsolicited report is |
issued to a prescriber or prescribers, then the
report must |
also be sent to the applicable dispensing pharmacy. |
(e) Nothing in this Section shall be construed to create a |
requirement that any prescriber, dispenser, or pharmacist |
request any patient medication disclosure, report any patient |
activity, or prescribe or refuse to prescribe or dispense any |
medications. |
(f) This Section shall not be construed to apply to |
inpatients or residents at hospitals or other institutions or |
to institutional pharmacies.
|
(g) Any patient feedback, including grades, ratings, or |
written or verbal statements, in opposition to a clinical |
decision that the prescription of a controlled substance is not |
medically necessary shall not be the basis of any adverse |
action, evaluation, or any other type of negative |
credentialing, contracting, licensure, or employment action |
taken against a prescriber or dispenser. |
(Source: P.A. 99-480, eff. 9-9-15.)
|
(720 ILCS 570/316)
|
Sec. 316. Prescription Monitoring Program monitoring |
program. |
(a) The Department must provide for a
Prescription |
Monitoring Program prescription monitoring program for |
Schedule II, III, IV, and V controlled substances that includes |
|
the following components and requirements:
|
(1) The
dispenser must transmit to the
central |
repository, in a form and manner specified by the |
Department, the following information:
|
(A) The recipient's name and address.
|
(B) The recipient's date of birth and gender.
|
(C) The national drug code number of the controlled
|
substance
dispensed.
|
(D) The date the controlled substance is |
dispensed.
|
(E) The quantity of the controlled substance |
dispensed and days supply.
|
(F) The dispenser's United States Drug Enforcement |
Administration
registration number.
|
(G) The prescriber's United States Drug |
Enforcement Administration
registration number.
|
(H) The dates the controlled substance |
prescription is filled. |
(I) The payment type used to purchase the |
controlled substance (i.e. Medicaid, cash, third party |
insurance). |
(J) The patient location code (i.e. home, nursing |
home, outpatient, etc.) for the controlled substances |
other than those filled at a retail pharmacy. |
(K) Any additional information that may be |
required by the department by administrative rule, |
|
including but not limited to information required for |
compliance with the criteria for electronic reporting |
of the American Society for Automation and Pharmacy or |
its successor. |
(2) The information required to be transmitted under |
this Section must be
transmitted not later than the end of |
the next business day after the date on which a
controlled |
substance is dispensed, or at such other time as may be |
required by the Department by administrative rule.
|
(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;
|
(4) The Department may impose a civil fine of up to |
$100 per day for willful failure to report controlled |
substance dispensing to the Prescription Monitoring |
Program. The fine shall be calculated on no more than the |
number of days from the time the report was required to be |
made until the time the problem was resolved, and shall be |
payable to the Prescription Monitoring Program.
|
(b) The Department, by rule, may include in the |
Prescription Monitoring Program monitoring program certain |
|
other select drugs that are not included in Schedule II, III, |
IV, or V. The Prescription Monitoring Program prescription |
monitoring program does not apply to
controlled substance |
prescriptions as exempted under Section
313.
|
(c) The collection of data on select drugs and scheduled |
substances by the Prescription Monitoring Program may be used |
as a tool for addressing oversight requirements of long-term |
care institutions as set forth by Public Act 96-1372. Long-term |
care pharmacies shall transmit patient medication profiles to |
the Prescription Monitoring Program monthly or more frequently |
as established by administrative rule. |
(d) The Department of Human Services shall appoint a |
full-time Clinical Director of the Prescription Monitoring |
Program. |
(e) (Blank). Within one year of the effective date of this |
amendatory Act of the 99th General Assembly, the Department |
shall adopt rules establishing pilot initiatives involving a |
cross-section of hospitals in this State to increase electronic |
integration of a hospital's electronic health record with the |
Prescription Monitoring Program on or before January 1, 2019 to |
ensure all providers have timely access to relevant |
prescription information during the treatment of their |
patients. These rules shall also establish pilots that enhance |
the electronic integration of outpatient pharmacy records with |
the Prescription Monitoring Program to allow for faster |
transmission of the information required under this Section. In |
|
collaboration with the Department of Human Services, the |
Prescription Monitoring Program Advisory Committee shall |
identify funding sources to support the pilot projects in this |
Section and distribution of funds shall be based on voluntary |
and incentive-based models. The rules adopted by the Department |
shall also ensure that the Department continues to monitor |
updates in Electronic Health Record Technology and how other |
states have integrated their prescription monitoring databases |
with Electronic Health Records. |
(f) Within one year of the effective date of this |
amendatory Act of the 100th General Assembly, the Department |
shall adopt rules requiring all Electronic Health Records |
Systems to interface with the Prescription Monitoring Program |
application program on or before January 1, 2021 to ensure that |
all providers have access to specific patient records during |
the treatment of their patients. These rules shall also address |
the electronic integration of pharmacy records with the |
Prescription Monitoring Program to allow for faster |
transmission of the information required under this Section. |
The Department shall establish actions to be taken if a |
prescriber's Electronic Health Records System does not |
effectively interface with the Prescription Monitoring Program |
within the required timeline. |
(g) The Department, in consultation with the Advisory |
Committee, shall adopt rules allowing licensed prescribers or |
pharmacists who have registered to access the Prescription |