Bill Text: IL HB5442 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Open Meetings Act. Provides that, for the purposes of the Act, "public body" does not include a Metropolitan Enforcement Group (MEG) Policy Board or drug task force composed or created by any combination of local law enforcement agencies. Amends the Criminal Code of 2012. Provides that a person commits drug-induced homicide when he or she violates delivery of a controlled substance or methamphetamine or a similar law of another jurisdiction, by unlawfully delivering a controlled substance to another, and the injection, inhalation, absorption, or ingestion of any amount of that controlled substance is a contributing cause of the person's death. Amends the Illinois Controlled Substances Act. Provides that controlled substances which are lawfully administered in hospitals or institutions licensed under the Hospital Licensing Act shall be reported under (rather than, exempt from) specified reporting provisions under the Act, and the prescription for the controlled substances ordered and the quantity actually administered (rather than, the reporting requirement only applies for more than a 72-hour supply of a discharge medication to be consumed outside of the hospital or institution). Provides that the information required to be transmitted under the prescription monitoring program must be transmitted not later than the end of the business day on which a controlled substance is dispensed, or at such other time as may be required by the Department of Human Services by administrative rule (rather than, at the end of the next business day on which the controlled substance is dispensed).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-04-13 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB5442 Detail]

Download: Illinois-2017-HB5442-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5442 Introduced , by Rep. Jim Durkin SYNOPSIS AS INTRODUCED:
See Index
Amends the Open Meetings Act. Provides that, for the purposes of the Act, "public body" does not include a Metropolitan Enforcement Group (MEG) Policy Board or drug task force composed or created by any combination of local law enforcement agencies. Amends the Criminal Code of 2012. Provides that a person commits drug-induced homicide when he or she violates delivery of a controlled substance or methamphetamine or a similar law of another jurisdiction, by unlawfully delivering a controlled substance to another, and the injection, inhalation, absorption, or ingestion of any amount of that controlled substance is a contributing cause of the person's death. Amends the Illinois Controlled Substances Act. Provides that controlled substances which are lawfully administered in hospitals or institutions licensed under the Hospital Licensing Act shall be reported under (rather than, exempt from) specified reporting provisions under the Act, and the prescription for the controlled substances ordered and the quantity actually administered (rather than, the reporting requirement only applies for more than a 72-hour supply of a discharge medication to be consumed outside of the hospital or institution). Provides that the information required to be transmitted under the prescription monitoring program must be transmitted not later than the end of the business day on which a controlled substance is dispensed, or at such other time as may be required by the Department of Human Services by administrative rule (rather than, at the end of the next business day on which the controlled substance is dispensed).
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning controlled substances.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Open Meetings Act is amended by changing
Section 1.02 as follows:
(5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
Sec. 1.02. For the purposes of this Act:
"Meeting" means any gathering, whether in person or by
video or audio conference, telephone call, electronic means
(such as, without limitation, electronic mail, electronic
chat, and instant messaging), or other means of contemporaneous
interactive communication, of a majority of a quorum of the
members of a public body held for the purpose of discussing
public business or, for a 5-member public body, a quorum of the
members of a public body held for the purpose of discussing
public business.
Accordingly, for a 5-member public body, 3 members of the
body constitute a quorum and the affirmative vote of 3 members
is necessary to adopt any motion, resolution, or ordinance,
unless a greater number is otherwise required.
"Public body" includes all legislative, executive,
administrative or advisory bodies of the State, counties,
townships, cities, villages, incorporated towns, school

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districts and all other municipal corporations, boards,
bureaus, committees or commissions of this State, and any
subsidiary bodies of any of the foregoing including but not
limited to committees and subcommittees which are supported in
whole or in part by tax revenue, or which expend tax revenue,
except the General Assembly and committees or commissions
thereof. "Public body" includes tourism boards and convention
or civic center boards located in counties that are contiguous
to the Mississippi River with populations of more than 250,000
but less than 300,000. "Public body" includes the Health
Facilities and Services Review Board. "Public body" does not
include a child death review team or the Illinois Child Death
Review Teams Executive Council established under the Child
Death Review Team Act, an ethics commission acting under the
State Officials and Employees Ethics Act, a regional youth
advisory board or the Statewide Youth Advisory Board
established under the Department of Children and Family
Services Statewide Youth Advisory Board Act, or the Illinois
Independent Tax Tribunal, or a Metropolitan Enforcement Group
(MEG) Policy Board established under the Intergovernmental
Drug Laws Enforcement Act or drug task force composed of or
created by any combination of local law enforcement agencies.
(Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15.)
Section 10. The Criminal Code of 2012 is amended by
changing Section 9-3.3 as follows:

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(720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
Sec. 9-3.3. Drug-induced homicide.
(a) A person commits drug-induced homicide when he or she
violates Section 401 of the Illinois Controlled Substances Act
or Section 55 of the Methamphetamine Control and Community
Protection Act by unlawfully delivering a controlled substance
to another, and any person's death is caused by the injection,
inhalation, absorption, or ingestion of any amount of that
controlled substance or the injection, inhalation, absorption,
or ingestion of any amount of that controlled substance is a
contributing cause of the person's death.
(a-5) A person commits drug-induced homicide when he or she
violates the law of another jurisdiction, which if the
violation had been committed in this State could be charged
under Section 401 of the Illinois Controlled Substances Act or
Section 55 of the Methamphetamine Control and Community
Protection Act, by unlawfully delivering a controlled
substance to another, and any person's death is caused in this
State by the injection, inhalation, absorption, or ingestion of
any amount of that controlled substance or the injection,
inhalation, absorption, or ingestion of any amount of that
controlled substance is a contributing cause of the person's
death.
(b) Sentence. Drug-induced homicide is a Class X felony,
except:

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(1) A person who commits drug-induced homicide by
violating subsection (a) or subsection (c) of Section 401
of the Illinois Controlled Substances Act or Section 55 of
the Methamphetamine Control and Community Protection Act
commits a Class X felony for which the defendant shall in
addition to a sentence authorized by law, be sentenced to a
term of imprisonment of not less than 15 years and not more
than 30 years or an extended term of not less than 30 years
and not more than 60 years.
(2) A person who commits drug-induced homicide by
violating the law of another jurisdiction, which if the
violation had been committed in this State could be charged
under subsection (a) or subsection (c) of Section 401 of
the Illinois Controlled Substances Act or Section 55 of the
Methamphetamine Control and Community Protection Act,
commits a Class X felony for which the defendant shall, in
addition to a sentence authorized by law, be sentenced to a
term of imprisonment of not less than 15 years and not more
than 30 years or an extended term of not less than 30 years
and not more than 60 years.
(Source: P.A. 100-404, eff. 1-1-18.)
Section 15. The Illinois Controlled Substances Act is
amended by changing Sections 313 and 316 as follows:
(720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)

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Sec. 313. Lawful dispensing and administering of
controlled substances; requirements.
(a) Controlled substances which are lawfully administered
in hospitals or institutions licensed under the Hospital
Licensing Act shall be reported under exempt from the
requirements of Sections 312 and 316, and except that the
prescription for the controlled substance shall be in writing
on the patient's record, signed by the prescriber, and dated,
and shall state the name and quantity of controlled substances
ordered and the quantity actually administered. The records of
such prescriptions shall be maintained for two years and shall
be available for inspection by officers and employees of the
Illinois State Police and the Department of Financial and
Professional Regulation.
The exemption under this subsection (a) does not apply to a
prescription (including an outpatient prescription from an
emergency department or outpatient clinic) for more than a
72-hour supply of a discharge medication to be consumed outside
of the hospital or institution.
(b) Controlled substances that can lawfully be
administered or dispensed directly to a patient in a long-term
care facility licensed by the Department of Public Health as a
skilled nursing facility, intermediate care facility, or
long-term care facility for residents under 22 years of age,
are exempt from the requirements of Section 312 except that a
prescription for a Schedule II controlled substance must be

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either a prescription signed by the prescriber or a
prescription transmitted by the prescriber or prescriber's
agent to the dispensing pharmacy by facsimile. The facsimile
serves as the original prescription and must be maintained for
2 years from the date of issue in the same manner as a written
prescription signed by the prescriber.
(c) A prescription that is generated for a Schedule II
controlled substance to be compounded for direct
administration to a patient in a private residence, long-term
care facility, or hospice program may be transmitted by
facsimile by the prescriber or the prescriber's agent to the
pharmacy providing the home infusion services. The facsimile
serves as the original prescription for purposes of this
paragraph (c) and it shall be maintained in the same manner as
the original prescription.
(c-1) A prescription generated for a Schedule II controlled
substance for a patient residing in a hospice certified by
Medicare under Title XVIII of the Social Security Act or
licensed by the State may be transmitted by the practitioner or
the practitioner's agent to the dispensing pharmacy by
facsimile or electronically as provided in Section 311.5. The
practitioner or practitioner's agent must note on the
prescription that the patient is a hospice patient. The
facsimile or electronic record serves as the original
prescription for purposes of this paragraph (c-1) and it shall
be maintained in the same manner as the original prescription.

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(d) Controlled substances which are lawfully administered
and/or dispensed in drug abuse treatment programs licensed by
the Department shall be exempt from the requirements of
Sections 312 and 316, except that the prescription for such
controlled substances shall be issued and authenticated on
official prescription logs prepared and maintained in
accordance with 77 Ill. Adm. Code 2060: Alcoholism and
Substance Abuse Treatment and Intervention Licenses, and in
compliance with other applicable State and federal laws. The
Department-licensed drug treatment program shall report
applicable prescriptions via electronic record keeping
software approved by the Department. This software must be
compatible with the specifications of the Department. Drug
abuse treatment programs shall report to the Department
methadone prescriptions or medications dispensed through the
use of Department-approved File Transfer Protocols (FTPs).
Methadone prescription records must be maintained in
accordance with the applicable requirements as set forth by the
Department in accordance with 77 Ill. Adm. Code 2060:
Alcoholism and Substance Abuse Treatment and Intervention
Licenses, and in compliance with other applicable State and
federal laws.
(e) Nothing in this Act shall be construed to limit the
authority of a hospital pursuant to Section 65-45 of the Nurse
Practice Act to grant hospital clinical privileges to an
individual advanced practice registered nurse to select, order

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or administer medications, including controlled substances to
provide services within a hospital. Nothing in this Act shall
be construed to limit the authority of an ambulatory surgical
treatment center pursuant to Section 65-45 of the Nurse
Practice Act to grant ambulatory surgical treatment center
clinical privileges to an individual advanced practice
registered nurse to select, order or administer medications,
including controlled substances to provide services within an
ambulatory surgical treatment center.
(Source: P.A. 100-513, eff. 1-1-18.)
(720 ILCS 570/316)
Sec. 316. Prescription Monitoring Program.
(a) The Department must provide for a Prescription
Monitoring Program for Schedule II, III, IV, and V controlled
substances that includes the following components and
requirements:
(1) The dispenser must transmit to the central
repository, in a form and manner specified by the
Department, the following information:
(A) The recipient's name and address.
(B) The recipient's date of birth and gender.
(C) The national drug code number of the controlled
substance dispensed.
(D) The date the controlled substance is
dispensed.

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(E) The quantity of the controlled substance
dispensed and days supply.
(F) The dispenser's United States Drug Enforcement
Administration registration number.
(G) The prescriber's United States Drug
Enforcement Administration registration number.
(H) The dates the controlled substance
prescription is filled.
(I) The payment type used to purchase the
controlled substance (i.e. Medicaid, cash, third party
insurance).
(J) The patient location code (i.e. home, nursing
home, outpatient, etc.) for the controlled substances
other than those filled at a retail pharmacy.
(K) Any additional information that may be
required by the department by administrative rule,
including but not limited to information required for
compliance with the criteria for electronic reporting
of the American Society for Automation and Pharmacy or
its successor.
(2) The information required to be transmitted under
this Section must be transmitted not later than the end of
the next business day after the date on which a controlled
substance is dispensed, or at such other time as may be
required by the Department by administrative rule.
(3) A dispenser must transmit the information required

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under this Section by:
(A) an electronic device compatible with the
receiving device of the central repository;
(B) a computer diskette;
(C) a magnetic tape; or
(D) a pharmacy universal claim form or Pharmacy
Inventory Control form;
(4) The Department may impose a civil fine of up to
$100 per day for willful failure to report controlled
substance dispensing to the Prescription Monitoring
Program. The fine shall be calculated on no more than the
number of days from the time the report was required to be
made until the time the problem was resolved, and shall be
payable to the Prescription Monitoring Program.
(b) The Department, by rule, may include in the
Prescription Monitoring Program certain other select drugs
that are not included in Schedule II, III, IV, or V. The
Prescription Monitoring Program does not apply to controlled
substance prescriptions as exempted under Section 313.
(c) The collection of data on select drugs and scheduled
substances by the Prescription Monitoring Program may be used
as a tool for addressing oversight requirements of long-term
care institutions as set forth by Public Act 96-1372. Long-term
care pharmacies shall transmit patient medication profiles to
the Prescription Monitoring Program monthly or more frequently
as established by administrative rule.

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(d) The Department of Human Services shall appoint a
full-time Clinical Director of the Prescription Monitoring
Program.
(e) (Blank).
(f) Within one year of the effective date of this
amendatory Act of the 100th General Assembly, the Department
shall adopt rules requiring all Electronic Health Records
Systems to interface with the Prescription Monitoring Program
application program on or before January 1, 2021 to ensure that
all providers have access to specific patient records during
the treatment of their patients. These rules shall also address
the electronic integration of pharmacy records with the
Prescription Monitoring Program to allow for faster
transmission of the information required under this Section.
The Department shall establish actions to be taken if a
prescriber's Electronic Health Records System does not
effectively interface with the Prescription Monitoring Program
within the required timeline.
(g) The Department, in consultation with the Advisory
Committee, shall adopt rules allowing licensed prescribers or
pharmacists who have registered to access the Prescription
Monitoring Program to authorize a designee to consult the
Prescription Monitoring Program on their behalf. The rules
shall include reasonable parameters concerning a
practitioner's authority to authorize a designee, and the
eligibility of a person to be selected as a designee.

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(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
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INDEX
Statutes amended in order of appearance
5 ILCS 120/1.02 from Ch. 102, par. 41.02
720 ILCS 5/9-3.3 from Ch. 38, par. 9-3.3
720 ILCS 570/313 from Ch. 56 1/2, par. 1313
720 ILCS 570/316