CONTROLLED SUB-TESTOSTERONE

Illinois General Assembly - Full Text of HB4834

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Full Text of HB4834

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HB4834 - 104th General Assembly

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HB4834 Enrolled
LRB104 19323 RLC 32769 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 Section 316 and by adding Section 316.2 as
6
follows:

7

(720 ILCS 570/316)
8

Sec. 316.
Prescription Monitoring Program.
9

(a) The Department must provide for a Prescription
10
Monitoring Program for Schedule II, III, IV, and V controlled
11
substances
, except testosterone,
that includes the following
12
components and requirements:
13

(1) The dispenser must transmit to the central
14

repository, in a form and manner specified by the
15

Department, the following information:
16

(A) The recipient's name and address.
17

(B) The recipient's date of birth and gender.
18

(C) The national drug code number of the
19

controlled substance dispensed.
20

(D) (Blank).
21

(E) The quantity of the controlled substance
22

dispensed and days supply.
23

(F) The dispenser's United States Drug Enforcement

HB4834 Enrolled
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LRB104 19323 RLC 32769 b
1

Administration registration number.
2

(G) The prescriber's United States Drug
3

Enforcement Administration registration number.
4

(H) The dates the controlled substance
5

prescription is filled.
6

(I) The payment type used to purchase the
7

controlled substance (i.e. Medicaid, cash, third party
8

insurance).
9

(J) The patient location code (i.e. home, nursing
10

home, outpatient, etc.) for the controlled substances
11

other than those filled at a retail pharmacy.
12

(K) Any additional information that may be
13

required by the department by administrative rule,
14

including but not limited to information required for
15

compliance with the criteria for electronic reporting
16

of the American Society for Automation and Pharmacy or
17

its successor.
18

(2) The information required to be transmitted under
19

this Section must be transmitted not later than the end of
20

the business day on which a controlled substance is
21

dispensed, or at such other time as may be required by the
22

Department by administrative rule.
23

(3) A dispenser must transmit electronically, as
24

provided by Department rule, the information required to
25

be transmitted under this Section.
26

(3.5) The requirements of paragraphs (1), (2), and (3)

HB4834 Enrolled
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LRB104 19323 RLC 32769 b
1

of this subsection also apply to opioid treatment programs
2

that are licensed or certified by the Department of Human
3

Services' Division of Substance Use Prevention and
4

Recovery and are authorized by the federal Drug
5

Enforcement Administration to prescribe Schedule II, III,
6

IV, or V controlled substances for the treatment of opioid
7

use disorders. Opioid treatment programs shall attempt to
8

obtain written patient consent, shall document attempts to
9

obtain the written consent, and shall not transmit
10

information without patient consent. Documentation
11

obtained under this paragraph shall not be utilized for
12

law enforcement purposes, as proscribed under 42 CFR 2, as
13

amended by 42 U.S.C. 290dd-2. Treatment of a patient shall
14

not be conditioned upon his or her written consent.
15

(4) The Department may impose a civil fine of up to
16

$100 per day for willful failure to report controlled
17

substance dispensing to the Prescription Monitoring
18

Program. The fine shall be calculated on no more than the
19

number of days from the time the report was required to be
20

made until the time the problem was resolved, and shall be
21

payable to the Prescription Monitoring Program.
22

(a-5) Notwithstanding subsection (a), a licensed
23
veterinarian is exempt from the reporting requirements of this
24
Section. If a person who is presenting an animal for treatment
25
is suspected of fraudulently obtaining any controlled
26
substance or prescription for a controlled substance, the

HB4834 Enrolled
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LRB104 19323 RLC 32769 b
1
licensed veterinarian shall report that information to the
2
local law enforcement agency.
3

(b) The Department, by rule, may include in the
4
Prescription Monitoring Program certain other select drugs
5
that are not included in Schedule II, III, IV, or V. The
6
Prescription Monitoring Program does not apply to
7
testosterone, mifepristone, misoprostol, GnRH analogues,
8
estrogen, or
controlled substance prescriptions as exempted
9
under Section 313.
10

(c) The collection of data on select drugs and scheduled
11
substances by the Prescription Monitoring Program may be used
12
as a tool for addressing oversight requirements of long-term
13
care institutions as set forth by Public Act 96-1372.
14
Long-term care pharmacies shall transmit patient medication
15
profiles to the Prescription Monitoring Program monthly or
16
more frequently as established by administrative rule.
17

(d) The Department of Human Services shall appoint a
18
full-time Clinical Director of the Prescription Monitoring
19
Program.
20

(e) (Blank).
21

(f) It is the responsibility of any new, ceased, or
22
unconnected healthcare facility and its selected Electronic
23
Health Records System or Pharmacy Management System to make
24
contact with and ensure integration with the Prescription
25
Monitoring Program. As soon as practicable after the effective
26
date of this amendatory Act of the 103rd General Assembly, the

HB4834 Enrolled
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LRB104 19323 RLC 32769 b
1
Department shall adopt rules requiring Electronic Health
2
Records Systems and Pharmacy Management Systems to interface,
3
by January 1, 2024, with the Prescription Monitoring Program
4
to ensure that providers have access to specific patient
5
records during the treatment of their patients. The Department
6
shall identify actions to be taken if a prescriber's
7
Electronic Health Records System and Pharmacy Management
8
Systems does not effectively interface with the Prescription
9
Monitoring Program once the Prescription Monitoring Program is
10
aware of the non-integrated connection.
11

(g) The Department, in consultation with the Prescription
12
Monitoring Program Advisory Committee, shall adopt rules
13
allowing licensed prescribers or pharmacists who have
14
registered to access the Prescription Monitoring Program to
15
authorize a licensed or non-licensed designee employed in that
16
licensed prescriber's office or a licensed designee in a
17
licensed pharmacist's pharmacy who has received training in
18
the federal Health Insurance Portability and Accountability
19
Act and 42 CFR 2 to consult the Prescription Monitoring
20
Program on their behalf. The rules shall include reasonable
21
parameters concerning a practitioner's authority to authorize
22
a designee, and the eligibility of a person to be selected as a
23
designee. In this subsection (g), "pharmacist" shall include a
24
clinical pharmacist employed by and designated by a Medicaid
25
Managed Care Organization providing services under Article V
26
of the Illinois Public Aid Code under a contract with the

HB4834 Enrolled
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LRB104 19323 RLC 32769 b
1
Department of Healthcare and Family Services for the sole
2
purpose of clinical review of services provided to persons
3
covered by the entity under the contract to determine
4
compliance with subsections (a) and (b) of Section 314.5 of
5
this Act. A managed care entity pharmacist shall notify
6
prescribers of review activities.
7
(Source: P.A. 102-527, eff. 8-20-21; 102-813, eff. 5-13-22;
8
103-477, eff. 8-4-23.)

9

(720 ILCS 570/316.2 new)
10

Sec. 316.2.
Information concerning testosterone.
The
11
Department shall purge from the records of the Prescription
12
Monitoring Program, as established by Section 316 of this Act,
13
all existing information concerning the prescribing or
14
dispensing of testosterone, including any such information
15
contained in the central repository or database created under
16
Section 317 of this Act, on or before January 1, 2027, and
17
shall ensure that no further records concerning the
18
prescribing and dispensing of testosterone are created or
19
maintained by the Prescription Monitoring Program. The
20
Department shall update and adopt rules consistent with this
21
Section no later than January 1, 2027.

22

Section 99.
Effective date.
This Act takes effect upon
23
becoming law.

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