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Full Text of HB5148
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Full Text
HB5148 - 104th General Assembly
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House Amendment 001
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Introduced
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House Amendment 001
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HB5148 Enrolled
LRB104 17903 RLC 31339 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 314.5 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
9
intentionally to fraudulently obtain or fraudulently seek to
10
obtain any controlled substance or prescription for a
11
controlled substance from a prescriber or dispenser while
12
being supplied with any controlled substance or prescription
13
for a controlled substance by another prescriber or dispenser,
14
without disclosing the fact of the existing controlled
15
substance or prescription for a controlled substance to the
16
prescriber or dispenser from whom the subsequent controlled
17
substance or prescription for a controlled substance is
18
sought.
19
(b) It shall be unlawful for a person knowingly or
20
intentionally to fraudulently obtain or fraudulently seek to
21
obtain any controlled substance from a pharmacy while being
22
supplied with any controlled substance by another pharmacy,
23
without disclosing the fact of the existing controlled
HB5148 Enrolled
- 2 -
LRB104 17903 RLC 31339 b
1
substance to the pharmacy from which the subsequent controlled
2
substance is sought.
3
(c) A person may be in violation of Section 3.23 of the
4
Illinois Food, Drug and Cosmetic Act or Section 406 of this Act
5
when medication shopping or pharmacy shopping, or both.
6
(c-5)
Each
Effective January 1, 2018, each
prescriber
7
possessing an Illinois controlled substances license shall
8
register with the Prescription Monitoring Program.
A
9
prescriber is not subject to criminal liability or
10
professional discipline for failure to register with the
11
Prescription Monitoring Program due to technological or
12
electrical failures or operational issues that prevent
13
registration.
Notwithstanding any provision of this Act to the
14
contrary, beginning on and after the effective date of this
15
amendatory Act of the 101st General Assembly, a licensed
16
veterinarian shall be exempt from registration and prohibited
17
from accessing patient information in the Prescription
18
Monitoring Program. Licensed veterinarians that are existing
19
registrants shall be removed from the Prescription Monitoring
20
Program. Each prescriber or
the prescriber's
his or her
21
designee shall also document an attempt to access patient
22
information in the Prescription Monitoring Program to assess
23
patient access to controlled substances when providing
an
24
initial prescription for any stimulant substances listed in
25
Schedule II and all prescriptions
an initial prescription
for
26
Schedule II
opioids and Schedule IV benzodiazepine,
narcotics
HB5148 Enrolled
- 3 -
LRB104 17903 RLC 31339 b
1
such as opioids,
except for prescriptions for oncology
2
treatment or palliative care, or a 7-day or less supply
3
provided by a hospital emergency department when treating
a
an
4
acute, traumatic
medical condition. This attempt to access
5
shall be documented in the patient's medical record. The
6
hospital shall facilitate the designation of a prescriber's
7
designee for the purpose of accessing the Prescription
8
Monitoring Program for services provided at the hospital.
9
(d) When a person has been identified as having 5 or more
10
prescribers or 5 or more pharmacies, or both, that do not
11
utilize a common electronic file as specified in Section 20 of
12
the Pharmacy Practice Act for controlled substances within the
13
course of a 6-month period, the Prescription Monitoring
14
Program may issue an unsolicited report to the prescribers,
15
dispensers, and their designees informing them of the
16
potential medication shopping. If an unsolicited report is
17
issued to a prescriber or prescribers, then the report must
18
also be sent to the applicable dispensing pharmacy.
19
(e) Nothing in this Section shall be construed to create a
20
requirement that any prescriber, dispenser, or pharmacist
21
request any patient medication disclosure, report any patient
22
activity, or prescribe or refuse to prescribe or dispense any
23
medications.
24
(f) This Section shall not be construed to apply to
25
inpatients or residents at hospitals or other institutions or
26
to institutional pharmacies.
HB5148 Enrolled
- 4 -
LRB104 17903 RLC 31339 b
1
(g) Any patient feedback, including grades, ratings, or
2
written or verbal statements, in opposition to a clinical
3
decision that the prescription of a controlled substance is
4
not medically necessary shall not be the basis of any adverse
5
action, evaluation, or any other type of negative
6
credentialing, contracting, licensure, or employment action
7
taken against a prescriber or dispenser.
8
(Source: P.A. 101-414, eff. 8-16-19; 102-527, eff. 8-20-21.)
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