Bill Text: IL SB1665 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Controlled Substances Act concerning the Prescription Monitoring Program. Provides that beginning on and after the effective date of the amendatory Act, a licensed veterinarian shall be exempt from registration and prohibited from accessing patient information in the Prescription Monitoring Program. Provides that licensed veterinarians that are existing registrants shall be removed from the Prescription Monitoring Program. Exempts licensed veterinarians from the reporting requirements of the Program. Provides that if a person who is presenting an animal for treatment is suspected of fraudulently obtaining any controlled substance or prescription for a controlled substance, the licensed veterinarian shall report that information to the local law enforcement agency. Removes veterinarian members from the Prescription Monitoring Program Advisory Committee and the Peer Review Committee. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 13-7)
Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0414 [SB1665 Detail]
Download: Illinois-2019-SB1665-Enrolled.html
Bill Title: Amends the Illinois Controlled Substances Act concerning the Prescription Monitoring Program. Provides that beginning on and after the effective date of the amendatory Act, a licensed veterinarian shall be exempt from registration and prohibited from accessing patient information in the Prescription Monitoring Program. Provides that licensed veterinarians that are existing registrants shall be removed from the Prescription Monitoring Program. Exempts licensed veterinarians from the reporting requirements of the Program. Provides that if a person who is presenting an animal for treatment is suspected of fraudulently obtaining any controlled substance or prescription for a controlled substance, the licensed veterinarian shall report that information to the local law enforcement agency. Removes veterinarian members from the Prescription Monitoring Program Advisory Committee and the Peer Review Committee. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 13-7)
Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0414 [SB1665 Detail]
Download: Illinois-2019-SB1665-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Controlled Substances Act is | ||||||
5 | amended by changing Sections 314.5, 316, and 320 as follows:
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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 being | ||||||
12 | supplied with any controlled substance or prescription for a | ||||||
13 | 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 sought. | ||||||
18 | (b) It shall be unlawful for a person knowingly or | ||||||
19 | intentionally to fraudulently obtain or fraudulently seek to | ||||||
20 | obtain any controlled substance from a pharmacy while being | ||||||
21 | supplied with any controlled substance by another pharmacy, | ||||||
22 | without disclosing the fact of the existing controlled | ||||||
23 | substance to the pharmacy from which the subsequent controlled |
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1 | substance is sought. | ||||||
2 | (c) A person may be in violation of Section 3.23 of the | ||||||
3 | Illinois Food, Drug and Cosmetic Act or Section 406 of this Act | ||||||
4 | when medication shopping or pharmacy shopping, or both. | ||||||
5 | (c-5) Effective January 1, 2018, each prescriber | ||||||
6 | possessing an Illinois controlled substances license shall | ||||||
7 | register with the Prescription Monitoring Program. | ||||||
8 | Notwithstanding any provision of this Act to the contrary, | ||||||
9 | beginning on and after the effective date of this amendatory | ||||||
10 | Act of the 101st General Assembly, a licensed veterinarian | ||||||
11 | shall be exempt from registration and prohibited from accessing | ||||||
12 | patient information in the Prescription Monitoring Program. | ||||||
13 | Licensed veterinarians that are existing registrants shall be | ||||||
14 | removed from the Prescription Monitoring Program. Each | ||||||
15 | prescriber or his or her designee shall also document an | ||||||
16 | attempt to access patient information in the Prescription | ||||||
17 | Monitoring Program to assess patient access to controlled | ||||||
18 | substances when providing an initial prescription for Schedule | ||||||
19 | II narcotics such as opioids, except for prescriptions for | ||||||
20 | oncology treatment or palliative care, or a 7-day or less | ||||||
21 | supply provided by a hospital emergency department when | ||||||
22 | treating an acute, traumatic medical condition. This attempt to | ||||||
23 | access shall be documented in the patient's medical record. The | ||||||
24 | hospital shall facilitate the designation of a prescriber's | ||||||
25 | designee for the purpose of accessing the Prescription | ||||||
26 | Monitoring Program for services provided at the hospital. |
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1 | (d) When a person has been identified as having 3 or more | ||||||
2 | prescribers or 3 or more pharmacies, or both, that do not | ||||||
3 | utilize a common electronic file as specified in Section 20 of | ||||||
4 | the Pharmacy Practice Act for controlled substances within the | ||||||
5 | course of a continuous 30-day period, the Prescription | ||||||
6 | Monitoring Program may issue an unsolicited report to the | ||||||
7 | prescribers, dispensers, and their designees informing them of | ||||||
8 | the potential medication shopping. If an unsolicited report is | ||||||
9 | issued to a prescriber or prescribers, then the
report must | ||||||
10 | also be sent to the applicable dispensing pharmacy. | ||||||
11 | (e) Nothing in this Section shall be construed to create a | ||||||
12 | requirement that any prescriber, dispenser, or pharmacist | ||||||
13 | request any patient medication disclosure, report any patient | ||||||
14 | activity, or prescribe or refuse to prescribe or dispense any | ||||||
15 | medications. | ||||||
16 | (f) This Section shall not be construed to apply to | ||||||
17 | inpatients or residents at hospitals or other institutions or | ||||||
18 | to institutional pharmacies.
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19 | (g) Any patient feedback, including grades, ratings, or | ||||||
20 | written or verbal statements, in opposition to a clinical | ||||||
21 | decision that the prescription of a controlled substance is not | ||||||
22 | medically necessary shall not be the basis of any adverse | ||||||
23 | action, evaluation, or any other type of negative | ||||||
24 | credentialing, contracting, licensure, or employment action | ||||||
25 | taken against a prescriber or dispenser. | ||||||
26 | (Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
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1 | (720 ILCS 570/316)
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2 | Sec. 316. Prescription Monitoring Program. | ||||||
3 | (a) The Department must provide for a
Prescription | ||||||
4 | Monitoring Program for Schedule II, III, IV, and V controlled | ||||||
5 | substances that includes the following components and | ||||||
6 | requirements:
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7 | (1) The
dispenser must transmit to the
central | ||||||
8 | repository, in a form and manner specified by the | ||||||
9 | Department, the following information:
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10 | (A) The recipient's name and address.
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11 | (B) The recipient's date of birth and gender.
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12 | (C) The national drug code number of the controlled
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13 | substance
dispensed.
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14 | (D) The date the controlled substance is | ||||||
15 | dispensed.
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16 | (E) The quantity of the controlled substance | ||||||
17 | dispensed and days supply.
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18 | (F) The dispenser's United States Drug Enforcement | ||||||
19 | Administration
registration number.
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20 | (G) The prescriber's United States Drug | ||||||
21 | Enforcement Administration
registration number.
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22 | (H) The dates the controlled substance | ||||||
23 | prescription is filled. | ||||||
24 | (I) The payment type used to purchase the | ||||||
25 | controlled substance (i.e. Medicaid, cash, third party |
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1 | insurance). | ||||||
2 | (J) The patient location code (i.e. home, nursing | ||||||
3 | home, outpatient, etc.) for the controlled substances | ||||||
4 | other than those filled at a retail pharmacy. | ||||||
5 | (K) Any additional information that may be | ||||||
6 | required by the department by administrative rule, | ||||||
7 | including but not limited to information required for | ||||||
8 | compliance with the criteria for electronic reporting | ||||||
9 | of the American Society for Automation and Pharmacy or | ||||||
10 | its successor. | ||||||
11 | (2) The information required to be transmitted under | ||||||
12 | this Section must be
transmitted not later than the end of | ||||||
13 | the next business day after the date on which a
controlled | ||||||
14 | substance is dispensed, or at such other time as may be | ||||||
15 | required by the Department by administrative rule.
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16 | (3) A dispenser must transmit the information required | ||||||
17 | under this Section
by:
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18 | (A) an electronic device compatible with the | ||||||
19 | receiving device of the
central repository;
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20 | (B) a computer diskette;
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21 | (C) a magnetic tape; or
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22 | (D) a pharmacy universal claim form or Pharmacy | ||||||
23 | Inventory Control form . ;
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24 | (4) The Department may impose a civil fine of up to | ||||||
25 | $100 per day for willful failure to report controlled | ||||||
26 | substance dispensing to the Prescription Monitoring |
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1 | Program. The fine shall be calculated on no more than the | ||||||
2 | number of days from the time the report was required to be | ||||||
3 | made until the time the problem was resolved, and shall be | ||||||
4 | payable to the Prescription Monitoring Program.
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5 | (a-5) Notwithstanding subsection (a), a licensed | ||||||
6 | veterinarian is exempt from the reporting requirements of this | ||||||
7 | Section. If a person who is presenting an animal for treatment | ||||||
8 | is suspected of fraudulently obtaining any controlled | ||||||
9 | substance or prescription for a controlled substance, the | ||||||
10 | licensed veterinarian shall report that information to the | ||||||
11 | local law enforcement agency. | ||||||
12 | (b) The Department, by rule, may include in the | ||||||
13 | Prescription Monitoring Program certain other select drugs | ||||||
14 | that are not included in Schedule II, III, IV, or V. The | ||||||
15 | Prescription Monitoring Program does not apply to
controlled | ||||||
16 | substance prescriptions as exempted under Section
313.
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17 | (c) The collection of data on select drugs and scheduled | ||||||
18 | substances by the Prescription Monitoring Program may be used | ||||||
19 | as a tool for addressing oversight requirements of long-term | ||||||
20 | care institutions as set forth by Public Act 96-1372. Long-term | ||||||
21 | care pharmacies shall transmit patient medication profiles to | ||||||
22 | the Prescription Monitoring Program monthly or more frequently | ||||||
23 | as established by administrative rule. | ||||||
24 | (d) The Department of Human Services shall appoint a | ||||||
25 | full-time Clinical Director of the Prescription Monitoring | ||||||
26 | Program. |
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1 | (e) (Blank). | ||||||
2 | (f) Within one year of January 1, 2018 ( the effective date | ||||||
3 | of Public Act 100-564) this amendatory Act of the 100th General | ||||||
4 | Assembly , the Department shall adopt rules requiring all | ||||||
5 | Electronic Health Records Systems to interface with the | ||||||
6 | Prescription Monitoring Program application program on or | ||||||
7 | before January 1, 2021 to ensure that all providers have access | ||||||
8 | to specific patient records during the treatment of their | ||||||
9 | patients. These rules shall also address the electronic | ||||||
10 | integration of pharmacy records with the Prescription | ||||||
11 | Monitoring Program to allow for faster transmission of the | ||||||
12 | information required under this Section. The Department shall | ||||||
13 | establish actions to be taken if a prescriber's Electronic | ||||||
14 | Health Records System does not effectively interface with the | ||||||
15 | Prescription Monitoring Program within the required timeline. | ||||||
16 | (g) The Department, in consultation with the Advisory | ||||||
17 | Committee, shall adopt rules allowing licensed prescribers or | ||||||
18 | pharmacists who have registered to access the Prescription | ||||||
19 | Monitoring Program to authorize a licensed or non-licensed | ||||||
20 | designee employed in that licensed prescriber's office or a | ||||||
21 | licensed designee in a licensed pharmacist's pharmacy , and who | ||||||
22 | has received training in the federal Health Insurance | ||||||
23 | Portability and Accountability Act to consult the Prescription | ||||||
24 | Monitoring Program on their behalf. The rules shall include | ||||||
25 | reasonable parameters concerning a practitioner's authority to | ||||||
26 | authorize a designee, and the eligibility of a person to be |
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1 | selected as a designee. In this subsection (g), "pharmacist" | ||||||
2 | shall include a clinical pharmacist employed by and designated | ||||||
3 | by a Medicaid Managed Care Organization providing services | ||||||
4 | under Article V of the Illinois Public Aid Code under a | ||||||
5 | contract with the Department of Healthcare Health and Family | ||||||
6 | Services for the sole purpose of clinical review of services | ||||||
7 | provided to persons covered by the entity under the contract to | ||||||
8 | determine compliance with subsections (a) and (b) of Section | ||||||
9 | 314.5 of this Act. A managed care entity pharmacist shall | ||||||
10 | notify prescribers of review activities. | ||||||
11 | (Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18; | ||||||
12 | 100-861, eff. 8-14-18; 100-1005, eff. 8-21-18; 100-1093, eff. | ||||||
13 | 8-26-18; revised 2-20-19.)
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14 | (720 ILCS 570/320)
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15 | Sec. 320. Advisory committee.
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16 | (a) There is created a Prescription Monitoring Program | ||||||
17 | Advisory Committee to
assist the Department of Human Services | ||||||
18 | in implementing the Prescription Monitoring Program created by | ||||||
19 | this Article and to advise the Department on the professional | ||||||
20 | performance of prescribers and dispensers and other matters | ||||||
21 | germane to the advisory committee's field of competence.
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22 | (b) The Prescription Monitoring Program Advisory Committee | ||||||
23 | shall consist of 15 16 members appointed by the Clinical | ||||||
24 | Director of the Prescription Monitoring Program composed of | ||||||
25 | prescribers and dispensers licensed to practice medicine in his |
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1 | or her respective profession as follows: one family or primary | ||||||
2 | care physician; one pain specialist physician; 4 other | ||||||
3 | physicians, one of whom may be an ophthalmologist; 2 advanced | ||||||
4 | practice registered nurses; one physician assistant; one | ||||||
5 | optometrist; one dentist; one veterinarian; one clinical | ||||||
6 | representative from a statewide organization representing | ||||||
7 | hospitals; and 3 pharmacists. The Advisory Committee members | ||||||
8 | serving on August 26, 2018 ( the effective date of Public Act | ||||||
9 | 100-1093) this amendatory Act of the 100th General Assembly | ||||||
10 | shall continue to serve until January 1, 2019. Prescriber and | ||||||
11 | dispenser nominations for membership on the Committee shall be | ||||||
12 | submitted by their respective professional associations. If | ||||||
13 | there are more nominees than membership positions for a | ||||||
14 | prescriber or dispenser category, as provided in this | ||||||
15 | subsection (b), the Clinical Director of the Prescription | ||||||
16 | Monitoring Program shall appoint a member or members for each | ||||||
17 | profession as provided in this subsection (b), from the | ||||||
18 | nominations to
serve on the advisory committee. At the first | ||||||
19 | meeting of the Committee in 2019 members shall draw lots for | ||||||
20 | initial terms and 6 members shall serve 3 years, 5 members | ||||||
21 | shall serve 2 years, and 5 members shall serve one year. | ||||||
22 | Thereafter, members shall serve 3-year 3 year terms. Members | ||||||
23 | may serve more than one term but no more than 3 terms. The | ||||||
24 | Clinical Director of the Prescription Monitoring Program may | ||||||
25 | appoint a representative of an organization representing a | ||||||
26 | profession required to be appointed. The Clinical Director of |
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1 | the Prescription Monitoring Program shall serve as the | ||||||
2 | Secretary of the committee.
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3 | (c) The advisory committee may appoint a chairperson and | ||||||
4 | other officers as it deems
appropriate.
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5 | (d) The members of the advisory committee shall receive no | ||||||
6 | compensation for
their services as members of the advisory | ||||||
7 | committee, unless appropriated by the General Assembly, but may | ||||||
8 | be reimbursed for
their actual expenses incurred in serving on | ||||||
9 | the advisory committee.
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10 | (e) The advisory committee shall: | ||||||
11 | (1) provide a uniform approach to reviewing this Act in | ||||||
12 | order to determine whether changes should be recommended to | ||||||
13 | the General Assembly; | ||||||
14 | (2) review current drug schedules in order to manage | ||||||
15 | changes to the administrative rules pertaining to the | ||||||
16 | utilization of this Act; | ||||||
17 | (3) review the following: current clinical guidelines | ||||||
18 | developed by health care professional organizations on the | ||||||
19 | prescribing of opioids or other controlled substances; | ||||||
20 | accredited continuing education programs related to | ||||||
21 | prescribing and dispensing; programs or information | ||||||
22 | developed by health care professional organizations that | ||||||
23 | may be used to assess patients or help ensure compliance | ||||||
24 | with prescriptions; updates from the Food and Drug | ||||||
25 | Administration, the Centers for Disease Control and | ||||||
26 | Prevention, and other public and private organizations |
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1 | which are relevant to prescribing and dispensing; relevant | ||||||
2 | medical studies; and other publications which involve the | ||||||
3 | prescription of controlled substances; | ||||||
4 | (4) make recommendations for inclusion of these | ||||||
5 | materials or other studies which may be effective resources | ||||||
6 | for prescribers and dispensers on the Internet website of | ||||||
7 | the inquiry system established under Section 318; | ||||||
8 | (5) semi-annually review the content of the Internet | ||||||
9 | website of the inquiry system established pursuant to | ||||||
10 | Section 318 to ensure this Internet website has the most | ||||||
11 | current available information; | ||||||
12 | (6) semi-annually review opportunities for federal | ||||||
13 | grants and other forms of funding to support projects which | ||||||
14 | will increase the number of pilot programs which integrate | ||||||
15 | the inquiry system with electronic health records; and | ||||||
16 | (7) semi-annually review communication to be sent to | ||||||
17 | all registered users of the inquiry system established | ||||||
18 | pursuant to Section 318, including recommendations for | ||||||
19 | relevant accredited continuing education and information | ||||||
20 | regarding prescribing and dispensing. | ||||||
21 | (f) The Advisory Committee shall select from its members 10 | ||||||
22 | 11 members of the Peer Review Committee composed of: 6, and one | ||||||
23 | dentist, | ||||||
24 | (1) 3 physicians; | ||||||
25 | (2) 3 pharmacists; | ||||||
26 | (3) one dentist; |
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1 | (4) one advanced practice registered nurse; | ||||||
2 | (4.5) (blank) one veterinarian ; | ||||||
3 | (5) one physician assistant; and | ||||||
4 | (6) one optometrist. | ||||||
5 | The purpose of the Peer Review Committee is to establish a | ||||||
6 | formal peer review of professional performance of prescribers | ||||||
7 | and dispensers. The deliberations, information, and | ||||||
8 | communications of the Peer Review Committee are privileged and | ||||||
9 | confidential and shall not be disclosed in any manner except in | ||||||
10 | accordance with current law. | ||||||
11 | (1) The Peer Review Committee shall periodically | ||||||
12 | review the data contained within the prescription | ||||||
13 | monitoring program to identify those prescribers or | ||||||
14 | dispensers who may be prescribing or dispensing outside the | ||||||
15 | currently accepted standard and practice of their | ||||||
16 | profession. The Peer Review Committee member, whose | ||||||
17 | profession is the same as the prescriber or dispenser being | ||||||
18 | reviewed, shall prepare a preliminary report and | ||||||
19 | recommendation for any non-action or action. The | ||||||
20 | Prescription Monitoring Program Clinical Director and | ||||||
21 | staff shall provide the necessary assistance and data as | ||||||
22 | required. | ||||||
23 | (2) The Peer Review Committee may identify prescribers | ||||||
24 | or dispensers who may be prescribing outside the currently | ||||||
25 | accepted medical standards in the course of their | ||||||
26 | professional practice and send the identified prescriber |
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1 | or dispenser a request for information regarding their | ||||||
2 | prescribing or dispensing practices. This request for | ||||||
3 | information shall be sent via certified mail, return | ||||||
4 | receipt requested. A prescriber or dispenser shall have 30 | ||||||
5 | days to respond to the request for information. | ||||||
6 | (3) The Peer Review Committee shall refer a prescriber | ||||||
7 | or a dispenser to the Department of Financial and | ||||||
8 | Professional Regulation in the following situations: | ||||||
9 | (i) if a prescriber or dispenser does not respond | ||||||
10 | to three successive requests for information; | ||||||
11 | (ii) in the opinion of a majority of members of the | ||||||
12 | Peer Review Committee, the prescriber or dispenser | ||||||
13 | does not have a satisfactory explanation for the | ||||||
14 | practices identified by the Peer Review Committee in | ||||||
15 | its request for information; or | ||||||
16 | (iii) following communications with the Peer | ||||||
17 | Review Committee, the prescriber or dispenser does not | ||||||
18 | sufficiently rectify the practices identified in the | ||||||
19 | request for information in the opinion of a majority of | ||||||
20 | the members of the Peer Review Committee. | ||||||
21 | (4) The Department of Financial and Professional | ||||||
22 | Regulation may initiate an investigation and discipline in | ||||||
23 | accordance with current laws and rules for any prescriber | ||||||
24 | or dispenser referred by the Peer Review Committee peer | ||||||
25 | review subcommittee . | ||||||
26 | (5) The Peer Review Committee shall prepare an annual |
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1 | report starting on July 1, 2017. This report shall contain | ||||||
2 | the following information: the number of times the Peer | ||||||
3 | Review Committee was convened; the number of prescribers or | ||||||
4 | dispensers who were reviewed by the Peer Review Committee; | ||||||
5 | the number of requests for information sent out by the Peer | ||||||
6 | Review Committee; and the number of prescribers or | ||||||
7 | dispensers referred to the Department of Financial and | ||||||
8 | Professional Regulation. The annual report shall be | ||||||
9 | delivered electronically to the Department and to the | ||||||
10 | General Assembly. The report to the General Assembly shall | ||||||
11 | be filed with the Clerk of the House of Representatives and | ||||||
12 | the Secretary of the Senate in electronic form only, in the | ||||||
13 | manner that the Clerk and the Secretary shall direct. The | ||||||
14 | report prepared by the Peer Review Committee shall not | ||||||
15 | identify any prescriber, dispenser, or patient. | ||||||
16 | (Source: P.A. 99-480, eff. 9-9-15; 100-513, eff. 1-1-18; | ||||||
17 | 100-861, eff. 8-14-18; 100-1093, eff. 8-26-18; revised | ||||||
18 | 10-3-18.)
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
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