103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3437 Introduced 2/8/2024, by Sen. David Koehler SYNOPSIS AS INTRODUCED: 720 ILCS 570/316.1720 ILCS 570/318 Amends the Illinois Controlled Substances Act. Deletes provision that any entity or system for integration (transmitting the data maintained by the Prescription Monitoring Program) into an Electronic Health Records System, Certified Health IT Module, Pharmacy Dispensing System, or Pharmacy Management System must meet applicable requirements outlined in administrative rules of the Department of Human Services. Provides that any entity or system for integration (transmitting the data maintained by the Prescription Monitoring Program) into an Electronic Health Records System, Certified Health IT Module, Pharmacy Dispensing System, or Pharmacy Management System that meets either the requirements of at least one certification criterion adopted under the Office of National Coordinator for Health Information Technology (ONC) or HITRUST certification shall be deemed qualified by the Department of Human Services to integrate pharmacy records with the Prescription Monitoring Program, subject to specified requirements. Defines "one-to-one secure link". LRB103 38535 RLC 68671 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3437 Introduced 2/8/2024, by Sen. David Koehler SYNOPSIS AS INTRODUCED: 720 ILCS 570/316.1720 ILCS 570/318 720 ILCS 570/316.1 720 ILCS 570/318 Amends the Illinois Controlled Substances Act. Deletes provision that any entity or system for integration (transmitting the data maintained by the Prescription Monitoring Program) into an Electronic Health Records System, Certified Health IT Module, Pharmacy Dispensing System, or Pharmacy Management System must meet applicable requirements outlined in administrative rules of the Department of Human Services. Provides that any entity or system for integration (transmitting the data maintained by the Prescription Monitoring Program) into an Electronic Health Records System, Certified Health IT Module, Pharmacy Dispensing System, or Pharmacy Management System that meets either the requirements of at least one certification criterion adopted under the Office of National Coordinator for Health Information Technology (ONC) or HITRUST certification shall be deemed qualified by the Department of Human Services to integrate pharmacy records with the Prescription Monitoring Program, subject to specified requirements. Defines "one-to-one secure link". LRB103 38535 RLC 68671 b LRB103 38535 RLC 68671 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3437 Introduced 2/8/2024, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
720 ILCS 570/316.1720 ILCS 570/318 720 ILCS 570/316.1 720 ILCS 570/318
720 ILCS 570/316.1
720 ILCS 570/318
Amends the Illinois Controlled Substances Act. Deletes provision that any entity or system for integration (transmitting the data maintained by the Prescription Monitoring Program) into an Electronic Health Records System, Certified Health IT Module, Pharmacy Dispensing System, or Pharmacy Management System must meet applicable requirements outlined in administrative rules of the Department of Human Services. Provides that any entity or system for integration (transmitting the data maintained by the Prescription Monitoring Program) into an Electronic Health Records System, Certified Health IT Module, Pharmacy Dispensing System, or Pharmacy Management System that meets either the requirements of at least one certification criterion adopted under the Office of National Coordinator for Health Information Technology (ONC) or HITRUST certification shall be deemed qualified by the Department of Human Services to integrate pharmacy records with the Prescription Monitoring Program, subject to specified requirements. Defines "one-to-one secure link".
LRB103 38535 RLC 68671 b LRB103 38535 RLC 68671 b
LRB103 38535 RLC 68671 b
A BILL FOR
SB3437LRB103 38535 RLC 68671 b SB3437 LRB103 38535 RLC 68671 b
SB3437 LRB103 38535 RLC 68671 b
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 Sections 316.1 and 318 as follows:
6 (720 ILCS 570/316.1)
7 (This Section may contain text from a Public Act with a
8 delayed effective date)
9 Sec. 316.1. Access to the integration of pharmacy records
10 with the Prescription Monitoring Program.
11 (a) Subject to the requirements and limitations set out in
12 this Section and in administrative rule, the Department shall
13 not require, either expressly or effectively, Electronic
14 Health Records Systems, pharmacies, or other providers to
15 utilize a particular entity or system for access to the
16 integration of pharmacy records with the Prescription
17 Monitoring Program.
18 (1) Any entity or system for integration (transmitting
19 the data maintained by the Prescription Monitoring
20 Program) into an Electronic Health Records System,
21 Certified Health IT Module, Pharmacy Dispensing System, or
22 Pharmacy Management System that meets either the
23 requirements of at least one certification criterion
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3437 Introduced 2/8/2024, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
720 ILCS 570/316.1720 ILCS 570/318 720 ILCS 570/316.1 720 ILCS 570/318
720 ILCS 570/316.1
720 ILCS 570/318
Amends the Illinois Controlled Substances Act. Deletes provision that any entity or system for integration (transmitting the data maintained by the Prescription Monitoring Program) into an Electronic Health Records System, Certified Health IT Module, Pharmacy Dispensing System, or Pharmacy Management System must meet applicable requirements outlined in administrative rules of the Department of Human Services. Provides that any entity or system for integration (transmitting the data maintained by the Prescription Monitoring Program) into an Electronic Health Records System, Certified Health IT Module, Pharmacy Dispensing System, or Pharmacy Management System that meets either the requirements of at least one certification criterion adopted under the Office of National Coordinator for Health Information Technology (ONC) or HITRUST certification shall be deemed qualified by the Department of Human Services to integrate pharmacy records with the Prescription Monitoring Program, subject to specified requirements. Defines "one-to-one secure link".
LRB103 38535 RLC 68671 b LRB103 38535 RLC 68671 b
LRB103 38535 RLC 68671 b
A BILL FOR
720 ILCS 570/316.1
720 ILCS 570/318
LRB103 38535 RLC 68671 b
SB3437 LRB103 38535 RLC 68671 b
SB3437- 2 -LRB103 38535 RLC 68671 b SB3437 - 2 - LRB103 38535 RLC 68671 b
SB3437 - 2 - LRB103 38535 RLC 68671 b
1 adopted under the Office of National Coordinator for
2 Health Information Technology (ONC) or HITRUST
3 certification shall be deemed qualified by the Department
4 to integrate pharmacy records with the Prescription
5 Monitoring Program, subject to must meet applicable
6 requirements outlined in administrative rule, including,
7 but not limited to, the following:
8 (A) enter into a data sharing agreement with the
9 Department of Human Services, Prescription Monitoring
10 Program;
11 (B) all security requirements noted within this
12 Section, administrative rule, and all other applicable
13 State and federal security and privacy requirements;
14 (C) the Prescription Monitoring Program shall have
15 administrative control over the approval of each site
16 and individual integration point and the Prescription
17 Monitoring Program shall have the ability to disable
18 individual integration points, at no additional cost
19 to the State;
20 (D) interstate data sharing shall be completed
21 with written authorization from the Prescription
22 Monitoring Program;
23 (E) data available from the Prescription
24 Monitoring Program shall not be stored, cached, or
25 sold and the State may inspect and review an entity or
26 system for integration to assure and confirm the same,
SB3437 - 2 - LRB103 38535 RLC 68671 b
SB3437- 3 -LRB103 38535 RLC 68671 b SB3437 - 3 - LRB103 38535 RLC 68671 b
SB3437 - 3 - LRB103 38535 RLC 68671 b
1 subject to a reasonable non-disclosure agreement, as
2 permitted by State law, to protect the entity's or
3 system's trade secrets or other proprietary
4 information;
5 (F) analysis of data shall only be allowed with
6 express written permission from the Prescription
7 Monitoring Program; and
8 (G) access to audit data, shall be available in
9 hourly to real-time increments at no cost to the
10 State.
11 (2) Electronic Health Record Systems, Certified Health
12 IT Modules, Pharmacy Management Systems, and Pharmacy
13 Dispensing Systems integrated with the Prescription
14 Monitoring Program must meet applicable requirements
15 outlined in rule, including, but not limited to, the
16 following:
17 (A) provide their customers (healthcare entity,
18 pharmacy, provider, prescriber, dispenser, etc.) the
19 choice of approved integration vendor, meeting the
20 requirements of this Section and administrative rule,
21 or direct connect to the Illinois Prescription
22 Monitoring Program;
23 (B) provide their customers with access to the
24 data provided by the customer's chosen integration
25 vendor as allowed under State and federal statute; and
26 (C) follow all State and federal security and
SB3437 - 3 - LRB103 38535 RLC 68671 b
SB3437- 4 -LRB103 38535 RLC 68671 b SB3437 - 4 - LRB103 38535 RLC 68671 b
SB3437 - 4 - LRB103 38535 RLC 68671 b
1 privacy standards.
2 (3) Customers required to integrate under State or
3 federal law must meet the requirements outlined in
4 administrative rule, including, but not limited to, the
5 following:
6 (A) the customer retains the choice of which
7 integration vendor or direct connect is utilized to
8 connect to the Illinois Prescription Monitoring
9 Program; and
10 (B) customers seeking to contract with a new
11 integration vendor, shall enter into a memorandum of
12 understanding with the Prescription Monitoring
13 Program.
14 (b) The Illinois Prescription Monitoring Program may
15 exercise the power, by rule, to require Memoranda of
16 Understanding with all customers. The general contents of the
17 memorandum of understanding shall be set out in rule and shall
18 include, but not be limited to:
19 (1) the acknowledgment and choice of the customer of
20 the method of integration with the Prescription Monitoring
21 Program and
22 (2) the data use and other requirements on the
23 customer in accessing and using the Prescription
24 Monitoring Program.
25 A fee cannot be levied as part of a memorandum of
26 understanding required by the Department under this Section.
SB3437 - 4 - LRB103 38535 RLC 68671 b
SB3437- 5 -LRB103 38535 RLC 68671 b SB3437 - 5 - LRB103 38535 RLC 68671 b
SB3437 - 5 - LRB103 38535 RLC 68671 b
1 (c) Non-compliance by the Integration Vendor, Electronic
2 Health Record System, Certified Health IT Module, Pharmacy
3 Management System or Pharmacy Dispensing System, customer, or
4 any parties required to comply with this Section may result in
5 the party being prohibited from serving as entity or system
6 for integration with the Prescription Monitoring Program,
7 termination of contracts, agreements, or other business
8 relationships. The Department shall institute appropriate cure
9 notices, as necessary to remedy non-compliance.
10 (Source: P.A. 103-477, eff. 7-1-24.)
11 (720 ILCS 570/318)
12 Sec. 318. Confidentiality of information.
13 (a) Information received by the central repository under
14 Section 316 and former Section 321 is confidential.
15 (a-1) To ensure the federal Health Insurance Portability
16 and Accountability Act and confidentiality of substance use
17 disorder patient records rules that mandate the privacy of an
18 individual's prescription data reported to the Prescription
19 Monitoring Program received from a retail dispenser under this
20 Act, and in order to execute the duties and responsibilities
21 under Section 316 of this Act and rules for disclosure under
22 this Section, the Clinical Director of the Prescription
23 Monitoring Program or his or her designee shall maintain
24 direct access to all Prescription Monitoring Program data. Any
25 request for Prescription Monitoring Program data from any
SB3437 - 5 - LRB103 38535 RLC 68671 b
SB3437- 6 -LRB103 38535 RLC 68671 b SB3437 - 6 - LRB103 38535 RLC 68671 b
SB3437 - 6 - LRB103 38535 RLC 68671 b
1 other department or agency must be approved in writing by the
2 Clinical Director of the Prescription Monitoring Program or
3 his or her designee unless otherwise permitted by law.
4 Prescription Monitoring Program data shall only be disclosed
5 as permitted by law.
6 (a-2) As an active step to address the current opioid
7 crisis in this State and to prevent and reduce addiction
8 resulting from a sports injury or an accident, the
9 Prescription Monitoring Program and the Department of Public
10 Health shall coordinate a continuous review of the
11 Prescription Monitoring Program and the Department of Public
12 Health data to determine if a patient may be at risk of opioid
13 addiction. Each patient discharged from any medical facility
14 with an International Classification of Disease, 10th edition
15 code related to a sport or accident injury shall be subject to
16 the data review. If the discharged patient is dispensed a
17 controlled substance, the Prescription Monitoring Program
18 shall alert the patient's prescriber as to the addiction risk
19 and urge each to follow the Centers for Disease Control and
20 Prevention guidelines or his or her respective profession's
21 treatment guidelines related to the patient's injury. This
22 subsection (a-2), other than this sentence, is inoperative on
23 or after January 1, 2024.
24 (b) The Department must carry out a program to protect the
25 confidentiality of the information described in subsection
26 (a). The Department may disclose the information to another
SB3437 - 6 - LRB103 38535 RLC 68671 b
SB3437- 7 -LRB103 38535 RLC 68671 b SB3437 - 7 - LRB103 38535 RLC 68671 b
SB3437 - 7 - LRB103 38535 RLC 68671 b
1 person only under subsection (c), (d), or (f) and may charge a
2 fee not to exceed the actual cost of furnishing the
3 information.
4 (c) The Department may disclose confidential information
5 described in subsection (a) to any person who is engaged in
6 receiving, processing, or storing the information.
7 (d) The Department may release confidential information
8 described in subsection (a) to the following persons:
9 (1) A governing body that licenses practitioners and
10 is engaged in an investigation, an adjudication, or a
11 prosecution of a violation under any State or federal law
12 that involves a controlled substance.
13 (2) An investigator for the Consumer Protection
14 Division of the office of the Attorney General, a
15 prosecuting attorney, the Attorney General, a deputy
16 Attorney General, or an investigator from the office of
17 the Attorney General, who is engaged in any of the
18 following activities involving controlled substances:
19 (A) an investigation;
20 (B) an adjudication; or
21 (C) a prosecution of a violation under any State
22 or federal law that involves a controlled substance.
23 (3) A law enforcement officer who is:
24 (A) authorized by the Illinois State Police or the
25 office of a county sheriff or State's Attorney or
26 municipal police department of Illinois to receive
SB3437 - 7 - LRB103 38535 RLC 68671 b
SB3437- 8 -LRB103 38535 RLC 68671 b SB3437 - 8 - LRB103 38535 RLC 68671 b
SB3437 - 8 - LRB103 38535 RLC 68671 b
1 information of the type requested for the purpose of
2 investigations involving controlled substances; or
3 (B) approved by the Department to receive
4 information of the type requested for the purpose of
5 investigations involving controlled substances; and
6 (C) engaged in the investigation or prosecution of
7 a violation under any State or federal law that
8 involves a controlled substance.
9 (4) Select representatives of the Department of
10 Children and Family Services through the indirect online
11 request process. Access shall be established by an
12 intergovernmental agreement between the Department of
13 Children and Family Services and the Department of Human
14 Services.
15 (e) Before the Department releases confidential
16 information under subsection (d), the applicant must
17 demonstrate in writing to the Department that:
18 (1) the applicant has reason to believe that a
19 violation under any State or federal law that involves a
20 controlled substance has occurred; and
21 (2) the requested information is reasonably related to
22 the investigation, adjudication, or prosecution of the
23 violation described in subdivision (1).
24 (f) The Department may receive and release prescription
25 record information under Section 316 and former Section 321
26 to:
SB3437 - 8 - LRB103 38535 RLC 68671 b
SB3437- 9 -LRB103 38535 RLC 68671 b SB3437 - 9 - LRB103 38535 RLC 68671 b
SB3437 - 9 - LRB103 38535 RLC 68671 b
1 (1) a governing body that licenses practitioners;
2 (2) an investigator for the Consumer Protection
3 Division of the office of the Attorney General, a
4 prosecuting attorney, the Attorney General, a deputy
5 Attorney General, or an investigator from the office of
6 the Attorney General;
7 (3) any Illinois law enforcement officer who is:
8 (A) authorized to receive the type of information
9 released; and
10 (B) approved by the Department to receive the type
11 of information released; or
12 (4) prescription monitoring entities in other states
13 per the provisions outlined in subsection (g) and (h)
14 below;
15 confidential prescription record information collected under
16 Sections 316 and 321 (now repealed) that identifies vendors or
17 practitioners, or both, who are prescribing or dispensing
18 large quantities of Schedule II, III, IV, or V controlled
19 substances outside the scope of their practice, pharmacy, or
20 business, as determined by the Advisory Committee created by
21 Section 320.
22 (f-5) In accordance with a confidentiality agreement
23 entered into with the Department, a medical director, or a
24 public health administrator and their delegated analysts, of a
25 county or municipal health department or the Department of
26 Public Health shall have access to data from the system for any
SB3437 - 9 - LRB103 38535 RLC 68671 b
SB3437- 10 -LRB103 38535 RLC 68671 b SB3437 - 10 - LRB103 38535 RLC 68671 b
SB3437 - 10 - LRB103 38535 RLC 68671 b
1 of the following purposes:
2 (1) developing education programs or public health
3 interventions relating to prescribing trends and
4 controlled substance use; or
5 (2) conducting analyses and publish reports on
6 prescribing trends in their respective jurisdictions.
7 At a minimum, the confidentiality agreement entered into
8 with the Department shall:
9 (i) prohibit analysis and reports produced under
10 subparagraph (2) from including information that
11 identifies, by name, license, or address, any
12 practitioner, dispenser, ultimate user, or other person
13 administering a controlled substance; and
14 (ii) specify the appropriate technical and physical
15 safeguards that the county or municipal health department
16 must implement to ensure the privacy and security of data
17 obtained from the system. The data from the system shall
18 not be admissible as evidence, nor discoverable in any
19 action of any kind in any court or before any tribunal,
20 board, agency, or person. The disclosure of any such
21 information or data, whether proper or improper, shall not
22 waive or have any effect upon its confidentiality,
23 non-discoverability, or non-admissibility.
24 (g) The information described in subsection (f) may not be
25 released until it has been reviewed by an employee of the
26 Department who is licensed as a prescriber or a dispenser and
SB3437 - 10 - LRB103 38535 RLC 68671 b
SB3437- 11 -LRB103 38535 RLC 68671 b SB3437 - 11 - LRB103 38535 RLC 68671 b
SB3437 - 11 - LRB103 38535 RLC 68671 b
1 until that employee has certified that further investigation
2 is warranted. However, failure to comply with this subsection
3 (g) does not invalidate the use of any evidence that is
4 otherwise admissible in a proceeding described in subsection
5 (h).
6 (h) An investigator or a law enforcement officer receiving
7 confidential information under subsection (c), (d), or (f) may
8 disclose the information to a law enforcement officer or an
9 attorney for the office of the Attorney General for use as
10 evidence in the following:
11 (1) A proceeding under any State or federal law that
12 involves a controlled substance.
13 (2) A criminal proceeding or a proceeding in juvenile
14 court that involves a controlled substance.
15 (i) The Department may compile statistical reports from
16 the information described in subsection (a). The reports must
17 not include information that identifies, by name, license or
18 address, any practitioner, dispenser, ultimate user, or other
19 person administering a controlled substance.
20 (j) Based upon federal, initial and maintenance funding, a
21 prescriber and dispenser inquiry system shall be developed to
22 assist the health care community in its goal of effective
23 clinical practice and to prevent patients from diverting or
24 abusing medications.
25 (1) An inquirer shall have read-only access to a
26 stand-alone database which shall contain records for the
SB3437 - 11 - LRB103 38535 RLC 68671 b
SB3437- 12 -LRB103 38535 RLC 68671 b SB3437 - 12 - LRB103 38535 RLC 68671 b
SB3437 - 12 - LRB103 38535 RLC 68671 b
1 previous 12 months.
2 (2) Dispensers may, upon positive and secure
3 identification, make an inquiry on a patient or customer
4 solely for a medical purpose as delineated within the
5 federal HIPAA law.
6 (3) The Department shall provide a one-to-one secure
7 link and encrypted software necessary to establish the
8 link between an inquirer and the Department. Technical
9 assistance shall also be provided. "One-to-one secure
10 link" only means connecting a provider and the Illinois
11 Prescription Monitoring Program through an electronic
12 health record or a pharmacy management system by issuing
13 unique credentials for each connecting system that can be
14 individually approved or denied by the Illinois
15 Prescription Monitoring Program. "One-to-one secure link"
16 refers only to the access controls and approval of
17 credentials, not the routing path of the transaction.
18 "One-to-one secure link" or "one-to-one connection" does
19 not mean that the integrating service will provide a
20 direct connection between the Electronic health Records
21 System or pharmacy management system and the Illinois
22 Prescription Monitoring Program.
23 (4) Written inquiries are acceptable but must include
24 the fee and the requester's Drug Enforcement
25 Administration license number and submitted upon the
26 requester's business stationery.
SB3437 - 12 - LRB103 38535 RLC 68671 b
SB3437- 13 -LRB103 38535 RLC 68671 b SB3437 - 13 - LRB103 38535 RLC 68671 b
SB3437 - 13 - LRB103 38535 RLC 68671 b
1 (5) As directed by the Prescription Monitoring Program
2 Advisory Committee and the Clinical Director for the
3 Prescription Monitoring Program, aggregate data that does
4 not indicate any prescriber, practitioner, dispenser, or
5 patient may be used for clinical studies.
6 (6) Tracking analysis shall be established and used
7 per administrative rule.
8 (7) Nothing in this Act or Illinois law shall be
9 construed to require a prescriber or dispenser to make use
10 of this inquiry system.
11 (8) If there is an adverse outcome because of a
12 prescriber or dispenser making an inquiry, which is
13 initiated in good faith, the prescriber or dispenser shall
14 be held harmless from any civil liability.
15 (k) The Department shall establish, by rule, the process
16 by which to evaluate possible erroneous association of
17 prescriptions to any licensed prescriber or end user of the
18 Illinois Prescription Information Library (PIL).
19 (l) The Prescription Monitoring Program Advisory Committee
20 is authorized to evaluate the need for and method of
21 establishing a patient specific identifier.
22 (m) Patients who identify prescriptions attributed to them
23 that were not obtained by them shall be given access to their
24 personal prescription history pursuant to the validation
25 process as set forth by administrative rule.
26 (n) The Prescription Monitoring Program is authorized to
SB3437 - 13 - LRB103 38535 RLC 68671 b
SB3437- 14 -LRB103 38535 RLC 68671 b SB3437 - 14 - LRB103 38535 RLC 68671 b
SB3437 - 14 - LRB103 38535 RLC 68671 b
1 develop operational push reports to entities with compatible
2 electronic medical records. The process shall be covered
3 within administrative rule established by the Department.
4 (o) Hospital emergency departments and freestanding
5 healthcare facilities providing healthcare to walk-in patients
6 may obtain, for the purpose of improving patient care, a
7 unique identifier for each shift to utilize the PIL system.
8 (p) The Prescription Monitoring Program shall
9 automatically create a log-in to the inquiry system when a
10 prescriber or dispenser obtains or renews his or her
11 controlled substance license. The Department of Financial and
12 Professional Regulation must provide the Prescription
13 Monitoring Program with electronic access to the license
14 information of a prescriber or dispenser to facilitate the
15 creation of this profile. The Prescription Monitoring Program
16 shall send the prescriber or dispenser information regarding
17 the inquiry system, including instructions on how to log into
18 the system, instructions on how to use the system to promote
19 effective clinical practice, and opportunities for continuing
20 education for the prescribing of controlled substances. The
21 Prescription Monitoring Program shall also send to all
22 enrolled prescribers, dispensers, and designees information
23 regarding the unsolicited reports produced pursuant to Section
24 314.5 of this Act.
25 (q) A prescriber or dispenser may authorize a designee to
26 consult the inquiry system established by the Department under
SB3437 - 14 - LRB103 38535 RLC 68671 b
SB3437- 15 -LRB103 38535 RLC 68671 b SB3437 - 15 - LRB103 38535 RLC 68671 b
SB3437 - 15 - LRB103 38535 RLC 68671 b
1 this subsection on his or her behalf, provided that all the
2 following conditions are met:
3 (1) the designee so authorized is employed by the same
4 hospital or health care system; is employed by the same
5 professional practice; or is under contract with such
6 practice, hospital, or health care system;
7 (2) the prescriber or dispenser takes reasonable steps
8 to ensure that such designee is sufficiently competent in
9 the use of the inquiry system;
10 (3) the prescriber or dispenser remains responsible
11 for ensuring that access to the inquiry system by the
12 designee is limited to authorized purposes and occurs in a
13 manner that protects the confidentiality of the
14 information obtained from the inquiry system, and remains
15 responsible for any breach of confidentiality; and
16 (4) the ultimate decision as to whether or not to
17 prescribe or dispense a controlled substance remains with
18 the prescriber or dispenser.
19 The Prescription Monitoring Program shall send to
20 registered designees information regarding the inquiry system,
21 including instructions on how to log onto the system.
22 (r) The Prescription Monitoring Program shall maintain an
23 Internet website in conjunction with its prescriber and
24 dispenser inquiry system. This website shall include, at a
25 minimum, the following information:
26 (1) current clinical guidelines developed by health
SB3437 - 15 - LRB103 38535 RLC 68671 b
SB3437- 16 -LRB103 38535 RLC 68671 b SB3437 - 16 - LRB103 38535 RLC 68671 b
SB3437 - 16 - LRB103 38535 RLC 68671 b
1 care professional organizations on the prescribing of
2 opioids or other controlled substances as determined by
3 the Advisory Committee;
4 (2) accredited continuing education programs related
5 to prescribing of controlled substances;
6 (3) programs or information developed by health care
7 professionals that may be used to assess patients or help
8 ensure compliance with prescriptions;
9 (4) updates from the Food and Drug Administration, the
10 Centers for Disease Control and Prevention, and other
11 public and private organizations which are relevant to
12 prescribing;
13 (5) relevant medical studies related to prescribing;
14 (6) other information regarding the prescription of
15 controlled substances; and
16 (7) information regarding prescription drug disposal
17 events, including take-back programs or other disposal
18 options or events.
19 The content of the Internet website shall be periodically
20 reviewed by the Prescription Monitoring Program Advisory
21 Committee as set forth in Section 320 and updated in
22 accordance with the recommendation of the advisory committee.
23 (s) The Prescription Monitoring Program shall regularly
24 send electronic updates to the registered users of the
25 Program. The Prescription Monitoring Program Advisory
26 Committee shall review any communications sent to registered
SB3437 - 16 - LRB103 38535 RLC 68671 b
SB3437- 17 -LRB103 38535 RLC 68671 b SB3437 - 17 - LRB103 38535 RLC 68671 b
SB3437 - 17 - LRB103 38535 RLC 68671 b
1 users and also make recommendations for communications as set
2 forth in Section 320. These updates shall include the
3 following information:
4 (1) opportunities for accredited continuing education
5 programs related to prescribing of controlled substances;
6 (2) current clinical guidelines developed by health
7 care professional organizations on the prescribing of
8 opioids or other drugs as determined by the Advisory
9 Committee;
10 (3) programs or information developed by health care
11 professionals that may be used to assess patients or help
12 ensure compliance with prescriptions;
13 (4) updates from the Food and Drug Administration, the
14 Centers for Disease Control and Prevention, and other
15 public and private organizations which are relevant to
16 prescribing;
17 (5) relevant medical studies related to prescribing;
18 (6) other information regarding prescribing of
19 controlled substances;
20 (7) information regarding prescription drug disposal
21 events, including take-back programs or other disposal
22 options or events; and
23 (8) reminders that the Prescription Monitoring Program
24 is a useful clinical tool.
25 (t) Notwithstanding any other provision of this Act,
26 neither the Prescription Monitoring Program nor any other
SB3437 - 17 - LRB103 38535 RLC 68671 b
SB3437- 18 -LRB103 38535 RLC 68671 b SB3437 - 18 - LRB103 38535 RLC 68671 b
SB3437 - 18 - LRB103 38535 RLC 68671 b
SB3437 - 18 - LRB103 38535 RLC 68671 b