SB1607 EngrossedLRB100 11093 RLC 21351 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Illinois Controlled Substances Act is 
5amended by changing Sections 314.5 and 316 as follows:

6 (720 ILCS 570/314.5)
7 Sec. 314.5. Medication shopping; pharmacy shopping.
8 (a) It shall be unlawful for any person knowingly or 
9intentionally to fraudulently obtain or fraudulently seek to 
10obtain any controlled substance or prescription for a 
11controlled substance from a prescriber or dispenser while being 
12supplied with any controlled substance or prescription for a 
13controlled substance by another prescriber or dispenser, 
14without disclosing the fact of the existing controlled 
15substance or prescription for a controlled substance to the 
16prescriber or dispenser from whom the subsequent controlled 
17substance or prescription for a controlled substance is sought.
18 (a-5) Before issuing a prescription for a Schedule II, III, 
19IV, or V controlled substance, a prescriber or his or her 
20designee shall access the prescription monitoring program to 
21determine compliance with this Section. A prescriber who 
22prescribes a Schedule II, III, IV, or V controlled
substance in 
23the course of oncology treatment, a condition associated with 
 
 
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1oncology, or
hospice care is exempt from having to check the 
2Prescription Monitoring Program prior to prescribing the 
3controlled
substance. 
4 (b) It shall be unlawful for a person knowingly or 
5intentionally to fraudulently obtain or fraudulently seek to 
6obtain any controlled substance from a pharmacy while being 
7supplied with any controlled substance by another pharmacy, 
8without disclosing the fact of the existing controlled 
9substance to the pharmacy from which the subsequent controlled 
10substance is sought.
11 (c) A person may be in violation of Section 3.23 of the 
12Illinois Food, Drug and Cosmetic Act or Section 406 of this Act 
13when medication shopping or pharmacy shopping, or both.
14 (d) When a person has been identified as having 3 or more 
15prescribers or 3 or more pharmacies, or both, that do not 
16utilize a common electronic file as specified in Section 20 of 
17the Pharmacy Practice Act for controlled substances within the 
18course of a continuous 30-day period, the Prescription 
19Monitoring Program may issue an unsolicited report to the 
20prescribers, dispensers, and their designees informing them of 
21the potential medication shopping. If an unsolicited report is 
22issued to a prescriber or prescribers, then the
report must 
23also be sent to the applicable dispensing pharmacy. 
24 (e) Nothing in this Section shall be construed to create a 
25requirement that any prescriber, dispenser, or pharmacist 
26request any patient medication disclosure, report any patient 
 
 
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1activity, or prescribe or refuse to prescribe or dispense any 
2medications.
3 (f) This Section shall not be construed to apply to 
4inpatients or residents at hospitals or other institutions or 
5to institutional pharmacies.

6 (g) Any patient feedback, including grades, ratings, or 
7written or verbal statements, in opposition to a clinical 
8decision that the prescription of a controlled substance is not 
9medically necessary shall not be the basis of any adverse 
10action, evaluation, or any other type of negative 
11credentialing, contracting, licensure, or employment action 
12taken against a prescriber or dispenser. 
13(Source: P.A. 99-480, eff. 9-9-15.)




14 (720 ILCS 570/316)


15 Sec. 316. Prescription monitoring program. 
16 (a) The Department must provide for a
prescription 
17monitoring program for Schedule II, III, IV, and V controlled 
18substances that includes the following components and 
19requirements:

20  (1) The
dispenser must transmit to the
central 
21 repository, in a form and manner specified by the 
22 Department, the following information:

23   (A) The recipient's name and address.

24   (B) The recipient's date of birth and gender.

25   (C) The national drug code number of the controlled

 
 
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1 substance
dispensed.

2   (D) The date the controlled substance is 
3 dispensed.

4   (E) The quantity of the controlled substance 
5 dispensed and days supply.

6   (F) The dispenser's United States Drug Enforcement 
7 Administration
registration number.

8   (G) The prescriber's United States Drug 
9 Enforcement Administration
registration number.

10   (H) The dates the controlled substance 
11 prescription is filled.
12   (I) The payment type used to purchase the 
13 controlled substance (i.e. Medicaid, cash, third party 
14 insurance).
15   (J) The patient location code (i.e. home, nursing 
16 home, outpatient, etc.) for the controlled substances 
17 other than those filled at a retail pharmacy.
18   (K) Any additional information that may be 
19 required by the department by administrative rule, 
20 including but not limited to information required for 
21 compliance with the criteria for electronic reporting 
22 of the American Society for Automation and Pharmacy or 
23 its successor. 
24  (2) The information required to be transmitted under 
25 this Section must be
transmitted not later than the end of 
26 the next business day after the date on which a
controlled 
 
 
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1 substance is dispensed, or at such other time as may be 
2 required by the Department by administrative rule.

3  (3) A dispenser must transmit the information required 
4 under this Section
by:

5   (A) an electronic device compatible with the 
6 receiving device of the
central repository;

7   (B) a computer diskette;

8   (C) a magnetic tape; or

9   (D) a pharmacy universal claim form or Pharmacy 
10 Inventory Control form;

11  (4) The Department may impose a civil fine of up to 
12 $100 per day for willful failure to report controlled 
13 substance dispensing to the Prescription Monitoring 
14 Program. The fine shall be calculated on no more than the 
15 number of days from the time the report was required to be 
16 made until the time the problem was resolved, and shall be 
17 payable to the Prescription Monitoring Program. 

18 (b) The Department, by rule, may include in the monitoring 
19program certain other select drugs that are not included in 
20Schedule II, III, IV, or V. The prescription monitoring program 
21does not apply to
controlled substance prescriptions as 
22exempted under Section
313.

23 (c) The collection of data on select drugs and scheduled 
24substances by the Prescription Monitoring Program may be used 
25as a tool for addressing oversight requirements of long-term 
26care institutions as set forth by Public Act 96-1372. Long-term 
 
 
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1care pharmacies shall transmit patient medication profiles to 
2the Prescription Monitoring Program monthly or more frequently 
3as established by administrative rule. 
4 (d) The Department of Human Services shall appoint a 
5full-time Clinical Director of the Prescription Monitoring 
6Program.
7 (e) (Blank). Within one year of the effective date of this 
8amendatory Act of the 99th General Assembly, the Department 
9shall adopt rules establishing pilot initiatives involving a 
10cross-section of hospitals in this State to increase electronic 
11integration of a hospital's electronic health record with the 
12Prescription Monitoring Program on or before January 1, 2019 to 
13ensure all providers have timely access to relevant 
14prescription information during the treatment of their 
15patients. These rules shall also establish pilots that enhance 
16the electronic integration of outpatient pharmacy records with 
17the Prescription Monitoring Program to allow for faster 
18transmission of the information required under this Section. In 
19collaboration with the Department of Human Services, the 
20Prescription Monitoring Program Advisory Committee shall 
21identify funding sources to support the pilot projects in this 
22Section and distribution of funds shall be based on voluntary 
23and incentive-based models. The rules adopted by the Department 
24shall also ensure that the Department continues to monitor 
25updates in Electronic Health Record Technology and how other 
26states have integrated their prescription monitoring databases 
 
 
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1with Electronic Health Records. 
2 (f) Within one year of the effective date of this 
3amendatory Act of the 100th General Assembly, the Department 
4shall adopt rules requiring all Electronic Health Records 
5Systems to interface with the Prescription Monitoring Program 
6application program on or before January 1, 2021 to ensure that 
7all providers have access to specific patient records during 
8the treatment of their patients. These rules shall also address 
9the electronic integration of pharmacy records with the 
10Prescription Monitoring Program to allow for faster 
11transmission of the information required under this Section. 
12The Department shall establish actions to be taken if a 
13prescriber's Electronic Health Records System does not 
14effectively interface with the Prescription Monitoring Program 
15within the required timeline.
16 (g) The Department, in consultation with the Advisory 
17Committee, shall adopt rules allowing licensed prescribers or 
18pharmacists who have registered to access the Prescription 
19Monitoring Program to authorize a designee to consult the 
20Prescription Monitoring Program on their behalf. The rules 
21shall include reasonable parameters concerning a 
22practitioner's authority to authorize a designee, and the 
23eligibility of a person to be selected as a designee. 
24(Source: P.A. 99-480, eff. 9-9-15.)