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Public Act 102-0527 | ||||
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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. Findings. The General Assembly finds that: | ||||
(1) Prior to August of 2020, the federal Substance | ||||
Abuse
and Mental Health Services Administration (SAMHSA) | ||||
and the
federal Confidentiality of Substance Use Disorder | ||||
Patient Records set
forth at 42 CFR 2, prohibited the | ||||
sharing of substance use disorder
treatment information by | ||||
opioid treatment programs with prescription
monitoring | ||||
programs. | ||||
(2) In August 2020, SAMHSA amended 42 CFR 2 to permit
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the sharing of substance use disorder treatment | ||||
information by opioid
treatment programs with prescription | ||||
monitoring programs. | ||||
(3) In light of the federal modification to 42 CFR 2 | ||||
and the protections
available under federal and State law | ||||
and the express requirement of patient
consent, the | ||||
reporting by opioid treatment programs to the prescription
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monitoring program is permitted and will allow for better | ||||
coordination
of care among treating providers. | ||||
Section 10. The Illinois Controlled Substances Act is | ||||
amended by changing Sections 314.5 and 316 as follows: |
(720 ILCS 570/314.5) | ||
Sec. 314.5. Medication shopping; pharmacy shopping. | ||
(a) It shall be unlawful for any person knowingly or | ||
intentionally to fraudulently obtain or fraudulently seek to | ||
obtain any controlled substance or prescription for a | ||
controlled substance from a prescriber or dispenser while | ||
being supplied with any controlled substance or prescription | ||
for a controlled substance by another prescriber or dispenser, | ||
without disclosing the fact of the existing controlled | ||
substance or prescription for a controlled substance to the | ||
prescriber or dispenser from whom the subsequent controlled | ||
substance or prescription for a controlled substance is | ||
sought. | ||
(b) It shall be unlawful for a person knowingly or | ||
intentionally to fraudulently obtain or fraudulently seek to | ||
obtain any controlled substance from a pharmacy while being | ||
supplied with any controlled substance by another pharmacy, | ||
without disclosing the fact of the existing controlled | ||
substance to the pharmacy from which the subsequent controlled | ||
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. | ||
Notwithstanding any provision of this Act to the contrary, | ||
beginning on and after the effective date of this amendatory | ||
Act of the 101st General Assembly, a licensed veterinarian | ||
shall be exempt from registration and prohibited from | ||
accessing patient information in the Prescription Monitoring | ||
Program. Licensed veterinarians that are existing registrants | ||
shall be removed from 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 5 3 or more | ||
prescribers or 5 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 6-month 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.
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(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. 100-564, eff. 1-1-18; 101-414, eff. 8-16-19.)
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(720 ILCS 570/316)
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Sec. 316. Prescription Monitoring Program. | ||
(a) The Department must provide for a
Prescription | ||
Monitoring Program for Schedule II, III, IV, and V controlled |
substances that includes the following components and | ||
requirements:
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(1) The
dispenser must transmit to the
central | ||
repository, in a form and manner specified by the | ||
Department, the following information:
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(A) The recipient's name and address.
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(B) The recipient's date of birth and gender.
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(C) The national drug code number of the | ||
controlled
substance
dispensed.
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(D) The date the controlled substance is | ||
dispensed.
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(E) The quantity of the controlled substance | ||
dispensed and days supply.
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(F) The dispenser's United States Drug Enforcement | ||
Administration
registration number.
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(G) The prescriber's United States Drug | ||
Enforcement Administration
registration number.
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(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.
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(3) A dispenser must transmit the information required | ||
under this Section
by:
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(3.5) The requirements of paragraphs (1), (2), and (3)
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of this subsection also apply to opioid treatment programs | ||
that are
licensed or certified by the Department of Human | ||
Services'
Division of Substance Use Prevention and | ||
Recovery and are
authorized by the federal Drug | ||
Enforcement Administration to
prescribe Schedule II, III, | ||
IV, or V controlled substances for
the treatment of opioid | ||
use disorders. Opioid treatment
programs shall attempt to | ||
obtain written patient consent, shall document attempts to | ||
obtain the written consent, and shall not transmit | ||
information without patient
consent. Documentation | ||
obtained under this paragraph shall not be utilized for | ||
law
enforcement purposes, as proscribed under 42 CFR 2,
as | ||
amended by 42 U.S.C. 290dd-2. Treatment of a patient
shall |
not be conditioned upon his or her written consent. | ||
(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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(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.
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(a-5) Notwithstanding subsection (a), a licensed | ||
veterinarian is exempt from the reporting requirements of this | ||
Section. If a person who is presenting an animal for treatment | ||
is suspected of fraudulently obtaining any controlled | ||
substance or prescription for a controlled substance, the | ||
licensed veterinarian shall report that information to the | ||
local law enforcement agency. | ||
(b) The Department, by rule, may include in the | ||
Prescription Monitoring Program certain other select drugs | ||
that are not included in Schedule II, III, IV, or V. The | ||
Prescription Monitoring Program does not apply to
controlled | ||
substance prescriptions as exempted under Section
313.
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(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). | ||
(f) Within one year of January 1, 2018 (the effective date | ||
of Public Act 100-564), 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 Prescription | ||
Monitoring Program Advisory Committee, shall adopt rules |
allowing licensed prescribers or pharmacists who have | ||
registered to access the Prescription Monitoring Program to | ||
authorize a licensed or non-licensed designee employed in that | ||
licensed prescriber's office or a licensed designee in a | ||
licensed pharmacist's pharmacy who has received training in | ||
the federal Health Insurance Portability and Accountability | ||
Act and 42 CFR 2 to consult the Prescription Monitoring | ||
Program on their behalf. The rules shall include reasonable | ||
parameters concerning a practitioner's authority to authorize | ||
a designee, and the eligibility of a person to be selected as a | ||
designee. In this subsection (g), "pharmacist" shall include a | ||
clinical pharmacist employed by and designated by a Medicaid | ||
Managed Care Organization providing services under Article V | ||
of the Illinois Public Aid Code under a contract with the | ||
Department of Healthcare and Family Services for the sole | ||
purpose of clinical review of services provided to persons | ||
covered by the entity under the contract to determine | ||
compliance with subsections (a) and (b) of Section 314.5 of | ||
this Act. A managed care entity pharmacist shall notify | ||
prescribers of review activities. | ||
(Source: P.A. 100-564, eff. 1-1-18; 100-861, eff. 8-14-18; | ||
100-1005, eff. 8-21-18; 100-1093, eff. 8-26-18; 101-81, eff. | ||
7-12-19; 101-414, eff. 8-16-19.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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