Sen. Melinda Bush
Filed: 5/15/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 1607




2 AMENDMENT NO. ______. Amend Senate Bill 1607, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5 "Section 5. The Illinois Controlled Substances Act is 
6amended by changing Sections 314.5 and 316 as follows:

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

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




22 (720 ILCS 570/316)


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

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

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

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

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

9 substance
dispensed.

10   (D) The date the controlled substance is 
11 dispensed.

12   (E) The quantity of the controlled substance 
13 dispensed and days supply.

14   (F) The dispenser's United States Drug Enforcement 
15 Administration
registration number.

16   (G) The prescriber's United States Drug 
17 Enforcement Administration
registration number.

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

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

13   (A) an electronic device compatible with the 
14 receiving device of the
central repository;

15   (B) a computer diskette;

16   (C) a magnetic tape; or

17   (D) a pharmacy universal claim form or Pharmacy 
18 Inventory Control form;

19  (4) The Department may impose a civil fine of up to 
20 $100 per day for willful failure to report controlled 
21 substance dispensing to the Prescription Monitoring 
22 Program. The fine shall be calculated on no more than the 
23 number of days from the time the report was required to be 
24 made until the time the problem was resolved, and shall be 
25 payable to the Prescription Monitoring Program. 

26 (b) The Department, by rule, may include in the monitoring 
 
 
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1program certain other select drugs that are not included in 
2Schedule II, III, IV, or V. The prescription monitoring program 
3does not apply to
controlled substance prescriptions as 
4exempted under Section
313.

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