Sen. Melinda Bush
Filed: 3/7/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 1607




2 AMENDMENT NO. ______. Amend Senate Bill 1607 by replacing 
3everything after the enacting clause with the following:


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 
 
 
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1substance or prescription for a controlled substance is sought.
2 (a-5) Before issuing a prescription for a Schedule II, III, 
3IV, or V controlled substance, a prescriber or his or her 
4designee shall access the prescription monitoring program to 
5determine compliance with this Section. 
6 (b) It shall be unlawful for a person knowingly or 
7intentionally to fraudulently obtain or fraudulently seek to 
8obtain any controlled substance from a pharmacy while being 
9supplied with any controlled substance by another pharmacy, 
10without disclosing the fact of the existing controlled 
11substance to the pharmacy from which the subsequent controlled 
12substance is sought.
13 (c) A person may be in violation of Section 3.23 of the 
14Illinois Food, Drug and Cosmetic Act or Section 406 of this Act 
15when medication shopping or pharmacy shopping, or both.
16 (d) When a person has been identified as having 3 or more 
17prescribers or 3 or more pharmacies, or both, that do not 
18utilize a common electronic file as specified in Section 20 of 
19the Pharmacy Practice Act for controlled substances within the 
20course of a continuous 30-day period, the Prescription 
21Monitoring Program shall may issue an unsolicited report to the 
22prescribers, dispensers, and their designees informing them of 
23the potential medication shopping. A prescriber who receives 
24the report, either personally or through an agent at his or her 
25place of practice, shall be prohibited from issuing a 
26controlled substance to that same person unless the prescriber 
 
 
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1signs a statement on the prescription acknowledging receipt of 
2the report. If a pharmacy or pharmacist receives a prescription 
3for a person he or she knows or should know to be the subject of 
4the report, and the prescriber fails to provide the required 
5acknowledgement, the pharmacy or pharmacist must contact the 
6prescriber and obtain a signature on the acknowledgement before 
7filling the prescription. 
8 (e) Nothing in this Section shall be construed to create a 
9requirement that any prescriber, dispenser, or pharmacist 
10request any patient medication disclosure, report any patient 
11activity, or prescribe or refuse to prescribe or dispense any 
12medications.
13 (f) This Section shall not be construed to apply to 
14inpatients or residents at hospitals or other institutions or 
15to institutional pharmacies.

16 (g) Any patient feedback, including grades, ratings, or 
17written or verbal statements, in opposition to a clinical 
18decision that the prescription of a controlled substance is not 
19medically necessary shall not be the basis of any adverse 
20action, evaluation, or any other type of negative 
21credentialing, contracting, licensure, or employment action 
22taken against a prescriber or dispenser. 
23(Source: P.A. 99-480, eff. 9-9-15.)




24 (720 ILCS 570/316)


25 Sec. 316. Prescription monitoring program. 
 
 
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1 (a) The Department must provide for a
prescription 
2monitoring program for Schedule II, III, IV, and V controlled 
3substances that includes the following components and 
4requirements:

5  (1) The
dispenser must transmit to the
central 
6 repository, in a form and manner specified by the 
7 Department, the following information:

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

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

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

11 substance
dispensed.

12   (D) The date the controlled substance is 
13 dispensed.

14   (E) The quantity of the controlled substance 
15 dispensed and days supply.

16   (F) The dispenser's United States Drug Enforcement 
17 Administration
registration number.

18   (G) The prescriber's United States Drug 
19 Enforcement Administration
registration number.

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

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

15   (A) an electronic device compatible with the 
16 receiving device of the
central repository;

17   (B) a computer diskette;

18   (C) a magnetic tape; or

19   (D) a pharmacy universal claim form or Pharmacy 
20 Inventory Control form;

21  (4) The Department may impose a civil fine of up to 
22 $100 per day for willful failure to report controlled 
23 substance dispensing to the Prescription Monitoring 
24 Program. The fine shall be calculated on no more than the 
25 number of days from the time the report was required to be 
26 made until the time the problem was resolved, and shall be 
 
 
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1 payable to the Prescription Monitoring Program. 

2 (b) The Department, by rule, may include in the monitoring 
3program certain other select drugs that are not included in 
4Schedule II, III, IV, or V. The prescription monitoring program 
5does not apply to
controlled substance prescriptions as 
6exempted under Section
313.

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