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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Controlled Substances Act is
5 amended by changing Section 318 and by adding Section 315.7 as
6 follows:
7 (720 ILCS 570/315.7 new)
8 Sec. 315.7. Chronic pain treatment.
9 (a) In this Section:
10 "Chronic pain" means a state in which pain persists beyond
11 the usual course of an acute disease or healing of an injury,
12 or which may or may not be associated with an acute or chronic
13 pathologic process that causes continuous or intermittent pain
14 over months or years. "Chronic pain" is considered to be pain
15 that persists for more than 12 weeks and is adversely
16 affecting the function or well-being of the individual.
17 "Opioid" means a narcotic drug or substance that is a
18 Schedule II controlled substance under paragraph (1), (2),
19 (3), or (5) of subsection (b) or under subsection (c) of
20 Section 206.
21 (b) Decisions regarding the treatment of patients
22 experiencing chronic pain shall be made by the prescriber with
23 dispensing by the pharmacist in accordance with the
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1 corresponding responsibility as described in 21 CFR 1306.04(a)
2 and 77 Ill. Adm. Code 3100.380(a).
3 (c) Ordering, prescribing, dispensing, administering, or
4 paying for controlled substances, including opioids, shall not
5 in any way be predetermined by specific morphine milligram
6 equivalent guidelines except as provided under federal law.
7 (d) Nothing in this Section shall interfere with the
8 review of prescriptions by the Prescription Monitoring
9 Program's Peer Review Committee. In reviewing prescriptions
10 for chronic pain, the peer review committee members shall
11 review the most updated clinical guidelines on treating
12 chronic pain for the period the prescriptions were written.
13 (720 ILCS 570/318)
14 (Text of Section before amendment by P.A. 103-881)
15 Sec. 318. Confidentiality of information.
16 (a) Information received by the central repository under
17 Section 316 and former Section 321 is confidential.
18 (a-1) To ensure the federal Health Insurance Portability
19 and Accountability Act and confidentiality of substance use
20 disorder patient records rules that mandate the privacy of an
21 individual's prescription data reported to the Prescription
22 Monitoring Program received from a retail dispenser under this
23 Act, and in order to execute the duties and responsibilities
24 under Section 316 of this Act and rules for disclosure under
25 this Section, the Clinical Director of the Prescription
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1 Monitoring Program or his or her designee shall maintain
2 direct access to all Prescription Monitoring Program data. Any
3 request for Prescription Monitoring Program data from any
4 other department or agency must be approved in writing by the
5 Clinical Director of the Prescription Monitoring Program or
6 his or her designee unless otherwise permitted by law.
7 Prescription Monitoring Program data shall only be disclosed
8 as permitted by law. Confidential information received from
9 opioid treatment programs or confidential information
10 otherwise protected under federal confidentiality of substance
11 use disorder patient records regulations under 42 CFR Part 2
12 shall not be included in the information shared.
13 (a-2) As an active step to address the current opioid
14 crisis in this State and to prevent and reduce addiction
15 resulting from a sports injury or an accident, the
16 Prescription Monitoring Program and the Department of Public
17 Health shall coordinate a continuous review of the
18 Prescription Monitoring Program and the Department of Public
19 Health data to determine if a patient may be at risk of opioid
20 addiction. Each patient discharged from any medical facility
21 with an International Classification of Disease, 10th edition
22 code related to a sport or accident injury shall be subject to
23 the data review. If the discharged patient is dispensed a
24 controlled substance, the Prescription Monitoring Program
25 shall alert the patient's prescriber as to the addiction risk
26 and urge each to follow the Centers for Disease Control and
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1 Prevention guidelines or his or her respective profession's
2 treatment guidelines related to the patient's injury. This
3 subsection (a-2), other than this sentence, is inoperative on
4 or after January 1, 2024.
5 (b) The Department must carry out a program to protect the
6 confidentiality of the information described in subsection
7 (a). The Department may disclose the information to another
8 person only under subsection (c), (d), or (f) and may charge a
9 fee not to exceed the actual cost of furnishing the
10 information.
11 (c) The Department may disclose confidential information
12 described in subsection (a) to any person who is engaged in
13 receiving, processing, or storing the information.
14 (d) The Department may release confidential information
15 described in subsection (a) to the following persons:
16 (1) A governing body that licenses practitioners and
17 is engaged in an investigation, an adjudication, or a
18 prosecution of a violation under any State or federal law
19 that involves a controlled substance.
20 (2) An investigator for the Consumer Protection
21 Division of the office of the Attorney General, a
22 prosecuting attorney, the Attorney General, a deputy
23 Attorney General, or an investigator from the office of
24 the Attorney General, who is engaged in any of the
25 following activities involving controlled substances:
26 (A) an investigation;
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1 (B) an adjudication; or
2 (C) a prosecution of a violation under any State
3 or federal law that involves a controlled substance.
4 (3) A law enforcement officer who is:
5 (A) authorized by the Illinois State Police or the
6 office of a county sheriff or State's Attorney or
7 municipal police department of Illinois to receive
8 information of the type requested for the purpose of
9 investigations involving controlled substances; or
10 (B) approved by the Department to receive
11 information of the type requested for the purpose of
12 investigations involving controlled substances; and
13 (C) engaged in the investigation or prosecution of
14 a violation under any State or federal law that
15 involves a controlled substance.
16 (4) Select representatives of the Department of
17 Children and Family Services through the indirect online
18 request process. Access shall be established by an
19 intergovernmental agreement between the Department of
20 Children and Family Services and the Department of Human
21 Services.
22 (e) Before the Department releases confidential
23 information under subsection (d), all of the following must be
24 demonstrated the applicant must demonstrate in writing to the
25 Department by the applicant that:
26 (1) the applicant has reason to believe that a
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1 violation under any State or federal law that involves a
2 controlled substance has occurred; and
3 (2) the requested information is reasonably related to
4 the investigation, adjudication, or prosecution of the
5 violation described in subdivision (1); and .
6 (3) the applicant has a valid court order or subpoena,
7 or an administrative subpoena issued by the Department of
8 Financial and Professional Regulation, for the
9 confidential information requested.
10 (f) The Department may receive and release confidential
11 prescription record information collected under Sections 316
12 and 321 (now repealed) that identifies vendors or
13 practitioners, or both, who are prescribing or dispensing
14 large quantities of Schedule II, III, IV, or V controlled
15 substances outside the scope of their practice, pharmacy, or
16 business, as determined by the Advisory Committee created by
17 Section 320, prescription record information under Section 316
18 and former Section 321 to:
19 (1) a governing body that licenses practitioners;
20 (2) an investigator for the Consumer Protection
21 Division of the office of the Attorney General, a
22 prosecuting attorney, the Attorney General, a deputy
23 Attorney General, or an investigator from the office of
24 the Attorney General;
25 (3) any Illinois law enforcement officer who is:
26 (A) authorized to receive the type of information
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1 released; and
2 (B) approved by the Department to receive the type
3 of information released; or
4 (4) prescription monitoring entities in other states
5 per the provisions outlined in subsection (g) and (h)
6 below. ;
7 confidential prescription record information collected under
8 Sections 316 and 321 (now repealed) that identifies vendors or
9 practitioners, or both, who are prescribing or dispensing
10 large quantities of Schedule II, III, IV, or V controlled
11 substances outside the scope of their practice, pharmacy, or
12 business, as determined by the Advisory Committee created by
13 Section 320.
14 (f-5) In accordance with a confidentiality agreement
15 entered into with the Department, a medical director, or a
16 public health administrator and their delegated analysts, of a
17 county or municipal health department or the Department of
18 Public Health shall have access to data from the system for any
19 of the following purposes:
20 (1) developing education programs or public health
21 interventions relating to prescribing trends and
22 controlled substance use; or
23 (2) conducting analyses and publish reports on
24 prescribing trends in their respective jurisdictions.
25 At a minimum, the confidentiality agreement entered into
26 with the Department shall:
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1 (i) prohibit analysis and reports produced under
2 subparagraph (2) from including information that
3 identifies, by name, license, or address, any
4 practitioner, dispenser, ultimate user, or other person
5 administering a controlled substance; and
6 (ii) specify the appropriate technical and physical
7 safeguards that the county or municipal health department
8 must implement to ensure the privacy and security of data
9 obtained from the system. The data from the system shall
10 not be admissible as evidence, nor discoverable in any
11 action of any kind in any court or before any tribunal,
12 board, agency, or person. The disclosure of any such
13 information or data, whether proper or improper, shall not
14 waive or have any effect upon its confidentiality,
15 non-discoverability, or non-admissibility.
16 (g) The information described in subsection (f) may not be
17 released until it has been reviewed by an employee of the
18 Department who is licensed as a prescriber or a dispenser and
19 until that employee has certified that further investigation
20 is warranted. Upon review and approval by a licensed
21 prescriber or dispenser, or trained designee, the Prescription
22 Monitoring Program may release information described in
23 subsection (f). However, failure to comply with this
24 subsection (g) does not invalidate the use of any evidence
25 that is otherwise admissible in a proceeding described in
26 subsection (h).
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1 (h) An investigator or a law enforcement officer receiving
2 confidential information under subsection (c), (d), or (f) may
3 disclose the information to a law enforcement officer or an
4 attorney for the office of the Attorney General for use as
5 evidence in the following:
6 (1) A proceeding under any State or federal law that
7 involves a controlled substance.
8 (2) A criminal proceeding or a proceeding in juvenile
9 court that involves a controlled substance.
10 (i) The Department may compile statistical reports from
11 the information described in subsection (a). The reports must
12 not include information that identifies, by name, license or
13 address, any practitioner, dispenser, ultimate user, or other
14 person administering a controlled substance.
15 (j) Based upon federal, initial and maintenance funding, a
16 prescriber and dispenser inquiry system shall be developed to
17 assist the health care community in its goal of effective
18 clinical practice and to prevent patients from diverting or
19 abusing medications.
20 (1) An inquirer shall have read-only access to a
21 stand-alone database which shall contain records for the
22 previous 12 months.
23 (2) Dispensers may, upon positive and secure
24 identification, make an inquiry on a patient or customer
25 solely for a medical purpose as delineated within the
26 federal HIPAA law.
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1 (3) The Department shall provide a one-to-one secure
2 link and encrypted software necessary to establish the
3 link between an inquirer and the Department. Technical
4 assistance shall also be provided.
5 (4) Written inquiries are acceptable but must include
6 the fee and the requester's Drug Enforcement
7 Administration license number and submitted upon the
8 requester's business stationery.
9 (5) As directed by the Prescription Monitoring Program
10 Advisory Committee and the Clinical Director for the
11 Prescription Monitoring Program, aggregate data that does
12 not indicate any prescriber, practitioner, dispenser, or
13 patient may be used for clinical studies.
14 (6) Tracking analysis shall be established and used
15 per administrative rule.
16 (7) Nothing in this Act or Illinois law shall be
17 construed to require a prescriber or dispenser to make use
18 of this inquiry system.
19 (8) If there is an adverse outcome because of a
20 prescriber or dispenser making an inquiry, which is
21 initiated in good faith, the prescriber or dispenser shall
22 be held harmless from any civil liability.
23 (k) The Department shall establish, by rule, the process
24 by which to evaluate possible erroneous association of
25 prescriptions to any licensed prescriber or end user of the
26 Illinois Prescription Information Library (PIL).
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1 (l) The Prescription Monitoring Program Advisory Committee
2 is authorized to evaluate the need for and method of
3 establishing a patient specific identifier.
4 (m) Patients who identify prescriptions attributed to them
5 that were not obtained by them shall be given access to their
6 personal prescription history pursuant to the validation
7 process as set forth by administrative rule.
8 (n) The Prescription Monitoring Program is authorized to
9 develop operational push reports to entities with compatible
10 electronic medical records. The process shall be covered
11 within administrative rule established by the Department.
12 (o) Hospital emergency departments and freestanding
13 healthcare facilities providing healthcare to walk-in patients
14 may obtain, for the purpose of improving patient care, a
15 unique identifier for each shift to utilize the PIL system.
16 (p) The Prescription Monitoring Program shall
17 automatically create a log-in to the inquiry system when a
18 prescriber or dispenser obtains or renews his or her
19 controlled substance license. The Department of Financial and
20 Professional Regulation must provide the Prescription
21 Monitoring Program with electronic access to the license
22 information of a prescriber or dispenser to facilitate the
23 creation of this profile. The Prescription Monitoring Program
24 shall send the prescriber or dispenser information regarding
25 the inquiry system, including instructions on how to log into
26 the system, instructions on how to use the system to promote
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1 effective clinical practice, and opportunities for continuing
2 education for the prescribing of controlled substances. The
3 Prescription Monitoring Program shall also send to all
4 enrolled prescribers, dispensers, and designees information
5 regarding the unsolicited reports produced pursuant to Section
6 314.5 of this Act.
7 (q) A prescriber or dispenser may authorize a designee to
8 consult the inquiry system established by the Department under
9 this subsection on his or her behalf, provided that all the
10 following conditions are met:
11 (1) the designee so authorized is employed by the same
12 hospital or health care system; is employed by the same
13 professional practice; or is under contract with such
14 practice, hospital, or health care system;
15 (2) the prescriber or dispenser takes reasonable steps
16 to ensure that such designee is sufficiently competent in
17 the use of the inquiry system;
18 (3) the prescriber or dispenser remains responsible
19 for ensuring that access to the inquiry system by the
20 designee is limited to authorized purposes and occurs in a
21 manner that protects the confidentiality of the
22 information obtained from the inquiry system, and remains
23 responsible for any breach of confidentiality; and
24 (4) the ultimate decision as to whether or not to
25 prescribe or dispense a controlled substance remains with
26 the prescriber or dispenser.
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1 The Prescription Monitoring Program shall send to
2 registered designees information regarding the inquiry system,
3 including instructions on how to log onto the system.
4 (r) The Prescription Monitoring Program shall maintain an
5 Internet website in conjunction with its prescriber and
6 dispenser inquiry system. This website shall include, at a
7 minimum, the following information:
8 (1) current clinical guidelines developed by health
9 care professional organizations on the prescribing of
10 opioids or other controlled substances as determined by
11 the Advisory Committee;
12 (2) accredited continuing education programs related
13 to prescribing of controlled substances;
14 (3) programs or information developed by health care
15 professionals that may be used to assess patients or help
16 ensure compliance with prescriptions;
17 (4) updates from the Food and Drug Administration, the
18 Centers for Disease Control and Prevention, and other
19 public and private organizations which are relevant to
20 prescribing;
21 (5) relevant medical studies related to prescribing;
22 (6) other information regarding the prescription of
23 controlled substances; and
24 (7) information regarding prescription drug disposal
25 events, including take-back programs or other disposal
26 options or events.
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1 The content of the Internet website shall be periodically
2 reviewed by the Prescription Monitoring Program Advisory
3 Committee as set forth in Section 320 and updated in
4 accordance with the recommendation of the advisory committee.
5 (s) The Prescription Monitoring Program shall regularly
6 send electronic updates to the registered users of the
7 Program. The Prescription Monitoring Program Advisory
8 Committee shall review any communications sent to registered
9 users and also make recommendations for communications as set
10 forth in Section 320. These updates shall include the
11 following information:
12 (1) opportunities for accredited continuing education
13 programs related to prescribing of controlled substances;
14 (2) current clinical guidelines developed by health
15 care professional organizations on the prescribing of
16 opioids or other drugs as determined by the Advisory
17 Committee;
18 (3) programs or information developed by health care
19 professionals that may be used to assess patients or help
20 ensure compliance with prescriptions;
21 (4) updates from the Food and Drug Administration, the
22 Centers for Disease Control and Prevention, and other
23 public and private organizations which are relevant to
24 prescribing;
25 (5) relevant medical studies related to prescribing;
26 (6) other information regarding prescribing of
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1 controlled substances;
2 (7) information regarding prescription drug disposal
3 events, including take-back programs or other disposal
4 options or events; and
5 (8) reminders that the Prescription Monitoring Program
6 is a useful clinical tool.
7 (t) Notwithstanding any other provision of this Act,
8 neither the Prescription Monitoring Program nor any other
9 person shall disclose any information in violation of the
10 restrictions and requirements of paragraph (3.5) of subsection
11 (a) of Section 316 as implemented under Public Act 102-527.
12 (Source: P.A. 102-751, eff. 1-1-23.)
13 (Text of Section after amendment by P.A. 103-881)
14 Sec. 318. Confidentiality of information.
15 (a) Information received by the central repository under
16 Section 316 and former Section 321 is confidential.
17 (a-1) To ensure the federal Health Insurance Portability
18 and Accountability Act and confidentiality of substance use
19 disorder patient records rules that mandate the privacy of an
20 individual's prescription data reported to the Prescription
21 Monitoring Program received from a retail dispenser under this
22 Act, and in order to execute the duties and responsibilities
23 under Section 316 of this Act and rules for disclosure under
24 this Section, the Clinical Director of the Prescription
25 Monitoring Program or his or her designee shall maintain
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1 direct access to all Prescription Monitoring Program data. Any
2 request for Prescription Monitoring Program data from any
3 other department or agency must be approved in writing by the
4 Clinical Director of the Prescription Monitoring Program or
5 his or her designee unless otherwise permitted by law.
6 Prescription Monitoring Program data shall only be disclosed
7 as permitted by law. Confidential information received from
8 opioid treatment programs or confidential information
9 otherwise protected under federal confidentiality of substance
10 use disorder patient records regulations under 42 CFR Part 2
11 shall not be included in the information shared.
12 (a-2) As an active step to address the current opioid
13 crisis in this State and to prevent and reduce substance use
14 disorders resulting from a sports injury or an accident, the
15 Prescription Monitoring Program and the Department of Public
16 Health shall coordinate a continuous review of the
17 Prescription Monitoring Program and the Department of Public
18 Health data to determine if a patient may be at risk of opioid
19 use disorder. Each patient discharged from any medical
20 facility with an International Classification of Disease, 10th
21 edition code related to a sport or accident injury shall be
22 subject to the data review. If the discharged patient is
23 dispensed a controlled substance, the Prescription Monitoring
24 Program shall alert the patient's prescriber as to the risk of
25 developing a substance use disorder and urge each to follow
26 the Centers for Disease Control and Prevention guidelines or
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1 his or her respective profession's treatment guidelines
2 related to the patient's injury. This subsection (a-2), other
3 than this sentence, is inoperative on or after January 1,
4 2024.
5 (b) The Department must carry out a program to protect the
6 confidentiality of the information described in subsection
7 (a). The Department may disclose the information to another
8 person only under subsection (c), (d), or (f) and may charge a
9 fee not to exceed the actual cost of furnishing the
10 information.
11 (c) The Department may disclose confidential information
12 described in subsection (a) to any person who is engaged in
13 receiving, processing, or storing the information.
14 (d) The Department may release confidential information
15 described in subsection (a) to the following persons:
16 (1) A governing body that licenses practitioners and
17 is engaged in an investigation, an adjudication, or a
18 prosecution of a violation under any State or federal law
19 that involves a controlled substance.
20 (2) An investigator for the Consumer Protection
21 Division of the office of the Attorney General, a
22 prosecuting attorney, the Attorney General, a deputy
23 Attorney General, or an investigator from the office of
24 the Attorney General, who is engaged in any of the
25 following activities involving controlled substances:
26 (A) an investigation;
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1 (B) an adjudication; or
2 (C) a prosecution of a violation under any State
3 or federal law that involves a controlled substance.
4 (3) A law enforcement officer who is:
5 (A) authorized by the Illinois State Police or the
6 office of a county sheriff or State's Attorney or
7 municipal police department of Illinois to receive
8 information of the type requested for the purpose of
9 investigations involving controlled substances; or
10 (B) approved by the Department to receive
11 information of the type requested for the purpose of
12 investigations involving controlled substances; and
13 (C) engaged in the investigation or prosecution of
14 a violation under any State or federal law that
15 involves a controlled substance.
16 (4) Select representatives of the Department of
17 Children and Family Services through the indirect online
18 request process. Access shall be established by an
19 intergovernmental agreement between the Department of
20 Children and Family Services and the Department of Human
21 Services.
22 (e) Before the Department releases confidential
23 information under subsection (d), all of the following must be
24 demonstrated the applicant must demonstrate in writing to the
25 Department by the applicant that:
26 (1) the applicant has reason to believe that a
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1 violation under any State or federal law that involves a
2 controlled substance has occurred; and
3 (2) the requested information is reasonably related to
4 the investigation, adjudication, or prosecution of the
5 violation described in subdivision (1); and .
6 (3) the applicant has a valid court order or subpoena,
7 or an administrative subpoena issued by the Department of
8 Financial and Professional Regulation, for the
9 confidential information requested.
10 (f) The Department may receive and release confidential
11 prescription record information collected under Sections 316
12 and 321 (now repealed) that identifies vendors or
13 practitioners, or both, who are prescribing or dispensing
14 large quantities of Schedule II, III, IV, or V controlled
15 substances outside the scope of their practice, pharmacy, or
16 business, as determined by the Advisory Committee created by
17 Section 320, prescription record information under Section 316
18 and former Section 321 to:
19 (1) a governing body that licenses practitioners;
20 (2) an investigator for the Consumer Protection
21 Division of the office of the Attorney General, a
22 prosecuting attorney, the Attorney General, a deputy
23 Attorney General, or an investigator from the office of
24 the Attorney General;
25 (3) any Illinois law enforcement officer who is:
26 (A) authorized to receive the type of information
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1 released; and
2 (B) approved by the Department to receive the type
3 of information released; or
4 (4) prescription monitoring entities in other states
5 per the provisions outlined in subsection (g) and (h)
6 below. ;
7 confidential prescription record information collected under
8 Sections 316 and 321 (now repealed) that identifies vendors or
9 practitioners, or both, who are prescribing or dispensing
10 large quantities of Schedule II, III, IV, or V controlled
11 substances outside the scope of their practice, pharmacy, or
12 business, as determined by the Advisory Committee created by
13 Section 320.
14 (f-5) In accordance with a confidentiality agreement
15 entered into with the Department, a medical director, or a
16 public health administrator and their delegated analysts, of a
17 county or municipal health department or the Department of
18 Public Health shall have access to data from the system for any
19 of the following purposes:
20 (1) developing education programs or public health
21 interventions relating to prescribing trends and
22 controlled substance use; or
23 (2) conducting analyses and publish reports on
24 prescribing trends in their respective jurisdictions.
25 At a minimum, the confidentiality agreement entered into
26 with the Department shall:
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1 (i) prohibit analysis and reports produced under
2 subparagraph (2) from including information that
3 identifies, by name, license, or address, any
4 practitioner, dispenser, ultimate user, or other person
5 administering a controlled substance; and
6 (ii) specify the appropriate technical and physical
7 safeguards that the county or municipal health department
8 must implement to ensure the privacy and security of data
9 obtained from the system. The data from the system shall
10 not be admissible as evidence, nor discoverable in any
11 action of any kind in any court or before any tribunal,
12 board, agency, or person. The disclosure of any such
13 information or data, whether proper or improper, shall not
14 waive or have any effect upon its confidentiality,
15 non-discoverability, or non-admissibility.
16 (g) The information described in subsection (f) may not be
17 released until it has been reviewed by an employee of the
18 Department who is licensed as a prescriber or a dispenser and
19 until that employee has certified that further investigation
20 is warranted. Upon review and approval by a licensed
21 prescriber or dispenser, or trained designee, the Prescription
22 Monitoring Program may release information described in
23 subsection (f). However, failure to comply with this
24 subsection (g) does not invalidate the use of any evidence
25 that is otherwise admissible in a proceeding described in
26 subsection (h).
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1 (h) An investigator or a law enforcement officer receiving
2 confidential information under subsection (c), (d), or (f) may
3 disclose the information to a law enforcement officer or an
4 attorney for the office of the Attorney General for use as
5 evidence in the following:
6 (1) A proceeding under any State or federal law that
7 involves a controlled substance.
8 (2) A criminal proceeding or a proceeding in juvenile
9 court that involves a controlled substance.
10 (i) The Department may compile statistical reports from
11 the information described in subsection (a). The reports must
12 not include information that identifies, by name, license or
13 address, any practitioner, dispenser, ultimate user, or other
14 person administering a controlled substance.
15 (j) Based upon federal, initial and maintenance funding, a
16 prescriber and dispenser inquiry system shall be developed to
17 assist the health care community in its goal of effective
18 clinical practice and to prevent patients from diverting or
19 abusing medications.
20 (1) An inquirer shall have read-only access to a
21 stand-alone database which shall contain records for the
22 previous 12 months.
23 (2) Dispensers may, upon positive and secure
24 identification, make an inquiry on a patient or customer
25 solely for a medical purpose as delineated within the
26 federal HIPAA law.
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1 (3) The Department shall provide a one-to-one secure
2 link and encrypted software necessary to establish the
3 link between an inquirer and the Department. Technical
4 assistance shall also be provided.
5 (4) Written inquiries are acceptable but must include
6 the fee and the requester's Drug Enforcement
7 Administration license number and submitted upon the
8 requester's business stationery.
9 (5) As directed by the Prescription Monitoring Program
10 Advisory Committee and the Clinical Director for the
11 Prescription Monitoring Program, aggregate data that does
12 not indicate any prescriber, practitioner, dispenser, or
13 patient may be used for clinical studies.
14 (6) Tracking analysis shall be established and used
15 per administrative rule.
16 (7) Nothing in this Act or Illinois law shall be
17 construed to require a prescriber or dispenser to make use
18 of this inquiry system.
19 (8) If there is an adverse outcome because of a
20 prescriber or dispenser making an inquiry, which is
21 initiated in good faith, the prescriber or dispenser shall
22 be held harmless from any civil liability.
23 (k) The Department shall establish, by rule, the process
24 by which to evaluate possible erroneous association of
25 prescriptions to any licensed prescriber or end user of the
26 Illinois Prescription Information Library (PIL).
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1 (l) The Prescription Monitoring Program Advisory Committee
2 is authorized to evaluate the need for and method of
3 establishing a patient specific identifier.
4 (m) Patients who identify prescriptions attributed to them
5 that were not obtained by them shall be given access to their
6 personal prescription history pursuant to the validation
7 process as set forth by administrative rule.
8 (n) The Prescription Monitoring Program is authorized to
9 develop operational push reports to entities with compatible
10 electronic medical records. The process shall be covered
11 within administrative rule established by the Department.
12 (o) Hospital emergency departments and freestanding
13 healthcare facilities providing healthcare to walk-in patients
14 may obtain, for the purpose of improving patient care, a
15 unique identifier for each shift to utilize the PIL system.
16 (p) The Prescription Monitoring Program shall
17 automatically create a log-in to the inquiry system when a
18 prescriber or dispenser obtains or renews his or her
19 controlled substance license. The Department of Financial and
20 Professional Regulation must provide the Prescription
21 Monitoring Program with electronic access to the license
22 information of a prescriber or dispenser to facilitate the
23 creation of this profile. The Prescription Monitoring Program
24 shall send the prescriber or dispenser information regarding
25 the inquiry system, including instructions on how to log into
26 the system, instructions on how to use the system to promote
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1 effective clinical practice, and opportunities for continuing
2 education for the prescribing of controlled substances. The
3 Prescription Monitoring Program shall also send to all
4 enrolled prescribers, dispensers, and designees information
5 regarding the unsolicited reports produced pursuant to Section
6 314.5 of this Act.
7 (q) A prescriber or dispenser may authorize a designee to
8 consult the inquiry system established by the Department under
9 this subsection on his or her behalf, provided that all the
10 following conditions are met:
11 (1) the designee so authorized is employed by the same
12 hospital or health care system; is employed by the same
13 professional practice; or is under contract with such
14 practice, hospital, or health care system;
15 (2) the prescriber or dispenser takes reasonable steps
16 to ensure that such designee is sufficiently competent in
17 the use of the inquiry system;
18 (3) the prescriber or dispenser remains responsible
19 for ensuring that access to the inquiry system by the
20 designee is limited to authorized purposes and occurs in a
21 manner that protects the confidentiality of the
22 information obtained from the inquiry system, and remains
23 responsible for any breach of confidentiality; and
24 (4) the ultimate decision as to whether or not to
25 prescribe or dispense a controlled substance remains with
26 the prescriber or dispenser.
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1 The Prescription Monitoring Program shall send to
2 registered designees information regarding the inquiry system,
3 including instructions on how to log onto the system.
4 (r) The Prescription Monitoring Program shall maintain an
5 Internet website in conjunction with its prescriber and
6 dispenser inquiry system. This website shall include, at a
7 minimum, the following information:
8 (1) current clinical guidelines developed by health
9 care professional organizations on the prescribing of
10 opioids or other controlled substances as determined by
11 the Advisory Committee;
12 (2) accredited continuing education programs related
13 to prescribing of controlled substances;
14 (3) programs or information developed by health care
15 professionals that may be used to assess patients or help
16 ensure compliance with prescriptions;
17 (4) updates from the Food and Drug Administration, the
18 Centers for Disease Control and Prevention, and other
19 public and private organizations which are relevant to
20 prescribing;
21 (5) relevant medical studies related to prescribing;
22 (6) other information regarding the prescription of
23 controlled substances; and
24 (7) information regarding prescription drug disposal
25 events, including take-back programs or other disposal
26 options or events.
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1 The content of the Internet website shall be periodically
2 reviewed by the Prescription Monitoring Program Advisory
3 Committee as set forth in Section 320 and updated in
4 accordance with the recommendation of the advisory committee.
5 (s) The Prescription Monitoring Program shall regularly
6 send electronic updates to the registered users of the
7 Program. The Prescription Monitoring Program Advisory
8 Committee shall review any communications sent to registered
9 users and also make recommendations for communications as set
10 forth in Section 320. These updates shall include the
11 following information:
12 (1) opportunities for accredited continuing education
13 programs related to prescribing of controlled substances;
14 (2) current clinical guidelines developed by health
15 care professional organizations on the prescribing of
16 opioids or other drugs as determined by the Advisory
17 Committee;
18 (3) programs or information developed by health care
19 professionals that may be used to assess patients or help
20 ensure compliance with prescriptions;
21 (4) updates from the Food and Drug Administration, the
22 Centers for Disease Control and Prevention, and other
23 public and private organizations which are relevant to
24 prescribing;
25 (5) relevant medical studies related to prescribing;
26 (6) other information regarding prescribing of
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1 controlled substances;
2 (7) information regarding prescription drug disposal
3 events, including take-back programs or other disposal
4 options or events; and
5 (8) reminders that the Prescription Monitoring Program
6 is a useful clinical tool.
7 (t) Notwithstanding any other provision of this Act,
8 neither the Prescription Monitoring Program nor any other
9 person shall disclose any information in violation of the
10 restrictions and requirements of paragraph (3.5) of subsection
11 (a) of Section 316 as implemented under Public Act 102-527.
12 (Source: P.A. 102-751, eff. 1-1-23; 103-881, eff. 1-1-25.)
13 Section 95. No acceleration or delay. Where this Act makes
14 changes in a statute that is represented in this Act by text
15 that is not yet or no longer in effect (for example, a Section
16 represented by multiple versions), the use of that text does
17 not accelerate or delay the taking effect of (i) the changes
18 made by this Act or (ii) provisions derived from any other
19 Public Act.
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