(720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
Sec. 302. (a) Every person who manufactures, distributes, or dispenses any controlled substances, or engages in chemical analysis, and instructional activities which utilize controlled substances, or who purchases, stores, or administers euthanasia drugs, within this State or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance, or to engage in chemical analysis, and instructional activities which utilize controlled substances, or to engage in purchasing, storing, or administering euthanasia drugs, within this State, must obtain a registration issued by the Department of Professional Regulation in accordance with its rules. The rules shall include, but not be limited to, setting the expiration date and renewal period for each registration under this Act. The Department, any facility or service licensed by the Department, and any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 or maintained by a State‑supported or publicly funded university or college shall be exempt from the regulation requirements of this Section.
(b) Persons registered by the Department of Professional Regulation under this Act to manufacture, distribute, or dispense controlled substances, or purchase, store, or administer euthanasia drugs, may possess, manufacture, distribute, or dispense those substances, or purchase, store, or administer euthanasia drugs, to the extent authorized by their registration and in conformity with the other provisions of this Article.
(c) The following persons need not register and may lawfully possess controlled substances under this Act:
(1) an agent or employee of any registered
| manufacturer, distributor, or dispenser of any controlled substance if he is acting in the usual course of his employer's lawful business or employment; | |
(2) a common or contract carrier or warehouseman, or |
| an agent or employee thereof, whose possession of any controlled substance is in the usual lawful course of such business or employment; | |
(3) an ultimate user or a person in possession of any |
| controlled substance pursuant to a lawful prescription of a practitioner or in lawful possession of a Schedule V substance; | |
(4) officers and employees of this State or of the |
| United States while acting in the lawful course of their official duties which requires possession of controlled substances; | |
(5) a registered pharmacist who is employed in, or |
| the owner of, a pharmacy licensed under this Act and the Federal Controlled Substances Act, at the licensed location, or if he is acting in the usual course of his lawful profession, business, or employment. | |
(d) A separate registration is required at each place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances, or purchases, stores, or administers euthanasia drugs. Persons are required to obtain a separate registration for each place of business or professional practice where controlled substances are located or stored. A separate registration is not required for every location at which a controlled substance may be prescribed.
(e) The Department of Professional Regulation or the Department of State Police may inspect the controlled premises, as defined in Section 502 of this Act, of a registrant or applicant for registration in accordance with this Act and the rules promulgated hereunder and with regard to persons licensed by the Department, in accordance with subsection (bb) of Section 30‑5 of the Alcoholism and Other Drug Abuse and Dependency Act and the rules and regulations promulgated thereunder.
(Source: P.A. 96‑219, eff. 8‑10‑09.) |
(720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
Sec. 303. (a) The Department of Professional Regulation shall license an applicant to manufacture, distribute or dispense controlled substances included in Sections 204, 206, 208, 210 and 212 of this Act or purchase, store, or administer euthanasia drugs unless it determines that the issuance of that license would be inconsistent with the public interest. In determining the public interest, the Department of Professional Regulation shall consider the following:
(1) maintenance of effective controls against |
| diversion of controlled substances into other than lawful medical, scientific, or industrial channels; | |
(2) compliance with applicable Federal, State and |
| |
(3) any convictions of the applicant under any law of |
| the United States or of any State relating to any controlled substance; | |
(4) past experience in the manufacture or |
| distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion; | |
(5) furnishing by the applicant of false or |
| fraudulent material in any application filed under this Act; | |
(6) suspension or revocation of the applicant's |
| Federal registration to manufacture, distribute, or dispense controlled substances, or purchase, store, or administer euthanasia drugs, as authorized by Federal law; | |
(7) whether the applicant is suitably equipped with |
| the facilities appropriate to carry on the operation described in his application; | |
(8) whether the applicant is of good moral character |
| or, if the applicant is a partnership, association, corporation or other organization, whether the partners, directors, governing committee and managing officers are of good moral character; | |
(9) any other factors relevant to and consistent with |
| the public health and safety; and | |
(10) evidence from court, medical disciplinary and |
| pharmacy board records and those of State and Federal investigatory bodies that the applicant has not or does not prescribe controlled substances within the provisions of this Act. | |
(b) No license shall be granted to or renewed for any person who has within 5 years been convicted of a wilful violation of any law of the United States or any law of any State relating to controlled substances, or who is found to be deficient in any of the matters enumerated in subsections (a)(1) through (a)(8).
(c) Licensure under subsection (a) does not entitle a registrant to manufacture, distribute or dispense controlled substances in Schedules I or II other than those specified in the registration.
(d) Practitioners who are licensed to dispense any controlled substances in Schedules II through V are authorized to conduct instructional activities with controlled substances in Schedules II through V under the law of this State.
(e) If an applicant for registration is registered under the Federal law to manufacture, distribute or dispense controlled substances, or purchase, store, or administer euthanasia drugs, upon filing a completed application for licensure in this State and payment of all fees due hereunder, he shall be licensed in this State to the same extent as his Federal registration, unless, within 30 days after completing his application in this State, the Department of Professional Regulation notifies the applicant that his application has not been granted. A practitioner who is in compliance with the Federal law with respect to registration to dispense controlled substances in Schedules II through V need only send a current copy of that Federal registration to the Department of Professional Regulation and he shall be deemed in compliance with the registration provisions of this State.
(e‑5) Beginning July 1, 2003, all of the fees and fines collected under this Section 303 shall be deposited into the Illinois State Pharmacy Disciplinary Fund.
(f) The fee for registration as a manufacturer or wholesale distributor of controlled substances shall be $50.00 per year, except that the fee for registration as a manufacturer or wholesale distributor of controlled substances that may be dispensed without a prescription under this Act shall be $15.00 per year. The expiration date and renewal period for each controlled substance license issued under this Act shall be set by rule.
(Source: P.A. 93‑32, eff. 7‑1‑03; 93‑626, eff. 12‑23‑03.) |
(720 ILCS 570/303.05)
Sec. 303.05. Mid‑level practitioner registration.
(a) The Department of Financial and Professional Regulation shall register licensed physician assistants and licensed advanced practice nurses to prescribe and dispense controlled substances under Section 303 and euthanasia agencies to purchase, store, or administer animal euthanasia drugs under the following circumstances:
(1) with respect to physician assistants,
(A) the physician assistant has been delegated |
| authority to prescribe any Schedule III through V controlled substances by a physician licensed to practice medicine in all its branches in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987; and the physician assistant has completed the appropriate application forms and has paid the required fees as set by rule; or |
|
(B) the physician assistant has been delegated |
| authority by a supervising physician licensed to practice medicine in all its branches to prescribe or dispense Schedule II controlled substances through a written delegation of authority and under the following conditions: |
|
(i) no more than 5 Schedule II controlled |
| substances by oral dosage may be delegated; |
|
(ii) any delegation must be of controlled |
| substances prescribed by the supervising physician; |
|
(iii) all prescriptions must be limited to no |
| more than a 30‑day oral dosage, with any continuation authorized only after prior approval of the supervising physician; |
|
(iv) the physician assistant must discuss the |
| condition of any patients for whom a controlled substance is prescribed monthly with the delegating physician; and |
|
(v) the physician assistant must have |
| completed the appropriate application forms and paid the required fees as set by rule; |
|
(2) with respect to advanced practice nurses,
(A) the advanced practice nurse has been |
| delegated authority to prescribe any Schedule III through V controlled substances by a physician licensed to practice medicine in all its branches or a podiatrist in accordance with Section 65‑40 of the Nurse Practice Act. The advanced practice nurse has completed the appropriate application forms and has paid the required fees as set by rule; or |
|
(B) the advanced practice nurse has been |
| delegated authority by a collaborating physician licensed to practice medicine in all its branches to prescribe or dispense Schedule II controlled substances through a written delegation of authority and under the following conditions: |
|
(i) no more than 5 Schedule II controlled |
| substances by oral dosage may be delegated; |
|
(ii) any delegation must be of controlled |
| substances prescribed by the collaborating physician; |
|
(iii) all prescriptions must be limited to no |
| more than a 30‑day oral dosage, with any continuation authorized only after prior approval of the collaborating physician; |
|
(iv) the advanced practice nurse must discuss |
| the condition of any patients for whom a controlled substance is prescribed monthly with the delegating physician; and |
|
(v) the advanced practice nurse must have |
| completed the appropriate application forms and paid the required fees as set by rule; or |
|
(3) with respect to animal euthanasia agencies, the |
| euthanasia agency has obtained a license from the Department of Professional Regulation and obtained a registration number from the Department. |
|
(b) The mid‑level practitioner shall only be licensed to prescribe those schedules of controlled substances for which a licensed physician or licensed podiatrist has delegated prescriptive authority, except that an animal euthanasia agency does not have any prescriptive authority. A physician assistant and an advanced practice nurse are prohibited from prescribing medications and controlled substances not set forth in the required written delegation of authority.
(c) Upon completion of all registration requirements, physician assistants, advanced practice nurses, and animal euthanasia agencies shall be issued a mid‑level practitioner controlled substances license for Illinois.
(Source: P.A. 95‑639, eff. 10‑5‑07; 96‑189, eff. 8‑10‑09; 96‑268, eff. 8‑11‑09; 96‑1000, eff. 7‑2‑10.) |
(720 ILCS 570/304) (from Ch. 56 1/2, par. 1304)
Sec. 304. (a) A registration under Section 303 to manufacture, distribute, or dispense a controlled substance or purchase, store, or administer euthanasia drugs may be suspended or revoked by the Department of Professional Regulation upon a finding that the registrant:
(1) has furnished any false or fraudulent material
| information in any application filed under this Act; or | |
(2) has been convicted of a felony under any law of |
| the United States or any State relating to any controlled substance; or | |
(3) has had suspended or revoked his Federal |
| registration to manufacture, distribute, or dispense controlled substances or purchase, store, or administer euthanasia drugs; or | |
(4) has been convicted of bribery, perjury, or other |
| infamous crime under the laws of the United States or of any State; or | |
(5) has violated any provision of this Act or any |
| rules promulgated hereunder, or any provision of the Methamphetamine Precursor Control Act or rules promulgated thereunder, whether or not he has been convicted of such violation; or | |
(6) has failed to provide effective controls against |
| the diversion of controlled substances in other than legitimate medical, scientific or industrial channels. | |
(b) The Department of Professional Regulation may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
(c) The Department of Professional Regulation shall promptly notify the Administration, the Department and the Department of State Police or their successor agencies, of all orders denying, suspending or revoking registration, all forfeitures of controlled substances, and all final court dispositions, if any, of such denials, suspensions, revocations or forfeitures.
(d) If Federal registration of any registrant is suspended, revoked, refused renewal or refused issuance, then the Department of Professional Regulation shall issue a notice and conduct a hearing in accordance with Section 305 of this Act.
(Source: P.A. 93‑626, eff. 12‑23‑03; 94‑694, eff. 1‑15‑06.) |
(720 ILCS 570/305) (from Ch. 56 1/2, par. 1305)
Sec. 305. (a) Before denying, refusing renewal of, suspending or revoking a registration, the Department of Professional Regulation shall serve upon the applicant or registrant, by registered mail at the address in the application or registration or by any other means authorized under the Civil Practice Law or Rules of the Illinois Supreme Court for the service of summons or subpoenas, a notice of hearing to determine why registration should not be denied, refused renewal, suspended or revoked. The notice shall contain a statement of the basis therefor and shall call upon the applicant or registrant to appear before the Department of Professional Regulation at a reasonable time and place. These proceedings shall be conducted in accordance with Sections 2105‑5, 2105‑15, 2105‑100, 2105‑105, 2105‑110, 2105‑115, 2105‑120, 2105‑125, 2105‑175, and 2105‑325 of the Department of Professional Regulation Law (20 ILCS 2105/2105‑5, 2105/2105‑15, 2105/2105‑100, 2105/2105‑105, 2105/2105‑110, 2105/2105‑115, 2105/2105‑120, 2105/2105‑125, 2105/2105‑175, and 2105/2105‑325), without regard to any criminal prosecution or other proceeding. Except as authorized in subsection (c), proceedings to refuse renewal or suspend or revoke registration shall not abate the existing registration, which shall remain in effect until the Department of Professional Regulation has held the hearing called for in the notice and found, with input from the appropriate licensure or disciplinary board, that the registration shall no longer remain in effect.
(b) The Director may appoint an attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action to deny, refuse to renew, suspend, or revoke, or take any other disciplinary action with regard to a registration. The hearing officer shall have full authority to conduct the hearing. The hearing officer shall report his or her findings and recommendations to the appropriate licensure or disciplinary board within 30 days after receiving the record. The Disciplinary Board shall have 60 days from receipt of the report to review the report of the hearing officer and present its findings of fact, conclusions of law, and recommendations to the Director.
(c) If the Department of Professional Regulation finds that there is an imminent danger to the public health or safety by the continued manufacture, distribution or dispensing of controlled substances by the registrant, the Department of Professional Regulation may, upon the issuance of a written ruling stating the reasons for such finding and without notice or hearing, suspend such registrant. The suspension shall continue in effect for not more than 14 days during which time the registrant shall be given a hearing on the issues involved in the suspension. If after the hearing, and after input from the appropriate licensure or disciplinary board, the Department of Professional Regulation finds that the public health or safety requires the suspension to remain in effect it shall so remain until the ruling is terminated by its own terms or subsequent ruling or is dissolved by a circuit court upon determination that the suspension was wholly without basis in fact and law.
(d) If, after a hearing as provided in subsection (a), the Department of Professional Regulation finds that a registration should be refused renewal, suspended or revoked, a written ruling to that effect shall be entered. The Department of Professional Regulation's ruling shall remain in effect until the ruling is terminated by its own terms or subsequent ruling or is dissolved by a circuit court upon a determination that the refusal to renew suspension or revocation was wholly without basis in fact and law.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
Sec. 312. Requirements for dispensing controlled substances.
(a) A practitioner, in good faith, may dispense a Schedule II controlled substance, which is a narcotic drug listed in Section 206 of this Act; or which contains any quantity of amphetamine or methamphetamine, their salts, optical isomers or salts of optical isomers; phenmetrazine and its salts; or pentazocine; and Schedule III, IV, or V controlled substances to any person upon a written prescription of any prescriber, dated and signed by the person prescribing on the day when issued and bearing the name and address of the patient for whom, or the owner of the animal for which the controlled substance is dispensed, and the full name, address and registry number under the laws of the United States relating to controlled substances of the prescriber, if he is required by those laws to be registered. If the prescription is for an animal it shall state the species of animal for which it is ordered. The practitioner filling the prescription shall write the date of filling and his own signature on the face of the written prescription. The written prescription shall be retained on file by the practitioner who filled it or pharmacy in which the prescription was filled for a period of 2 years, so as to be readily accessible for inspection or removal by any officer or employee engaged in the enforcement of this Act. Whenever the practitioner's or pharmacy's copy of any prescription is removed by an officer or employee engaged in the enforcement of this Act, for the purpose of investigation or as evidence, such officer or employee shall give to the practitioner or pharmacy a receipt in lieu thereof. A prescription for a Schedule II controlled substance shall not be filled more than 90 days after the date of issuance. A written prescription for Schedule III, IV or V controlled substances shall not be filled or refilled more than 6 months after the date thereof or refilled more than 5 times unless renewed, in writing, by the prescriber.
(b) In lieu of a written prescription required by this Section, a pharmacist, in good faith, may dispense Schedule III, IV, or V substances to any person either upon receiving a facsimile of a written, signed prescription transmitted by the prescriber or the prescriber's agent or upon a lawful oral prescription of a prescriber which oral prescription shall be reduced promptly to writing by the pharmacist and such written memorandum thereof shall be dated on the day when such oral prescription is received by the pharmacist and shall bear the full name and address of the ultimate user for whom, or of the owner of the animal for which the controlled substance is dispensed, and the full name, address, and registry number under the law of the United States relating to controlled substances of the prescriber prescribing if he is required by those laws to be so registered, and the pharmacist filling such oral prescription shall write the date of filling and his own signature on the face of such written memorandum thereof. The facsimile copy of the prescription or written memorandum of the oral prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of not less than two years, so as to be readily accessible for inspection by any officer or employee engaged in the enforcement of this Act in the same manner as a written prescription. The facsimile copy of the prescription or oral prescription and the written memorandum thereof shall not be filled or refilled more than 6 months after the date thereof or be refilled more than 5 times, unless renewed, in writing, by the prescriber.
(c) Except for any non‑prescription targeted methamphetamine precursor regulated by the Methamphetamine Precursor Control Act, a controlled substance included in Schedule V shall not be distributed or dispensed other than for a medical purpose and not for the purpose of evading this Act, and then:
(1) only personally by a person registered to
| dispense a Schedule V controlled substance and then only to his patients, or | |
(2) only personally by a pharmacist, and then only |
| to a person over 21 years of age who has identified himself to the pharmacist by means of 2 positive documents of identification. | |
(3) the dispenser shall record the name and address |
| of the purchaser, the name and quantity of the product, the date and time of the sale, and the dispenser's signature. | |
(4) no person shall purchase or be dispensed more |
| than 120 milliliters or more than 120 grams of any Schedule V substance which contains codeine, dihydrocodeine, or any salts thereof, or ethylmorphine, or any salts thereof, in any 96 hour period. The purchaser shall sign a form, approved by the Department of Professional Regulation, attesting that he has not purchased any Schedule V controlled substances within the immediately preceding 96 hours. | |
(5) a copy of the records of sale, including all |
| information required by paragraph (3), shall be forwarded to the Department of Professional Regulation at its principal office by the 15th day of the following month. | |
(6) all records of purchases and sales shall be |
| maintained for not less than 2 years. | |
(7) no person shall obtain or attempt to obtain |
| within any consecutive 96 hour period any Schedule V substances of more than 120 milliliters or more than 120 grams containing codeine, dihydrocodeine or any of its salts, or ethylmorphine or any of its salts. Any person obtaining any such preparations or combination of preparations in excess of this limitation shall be in unlawful possession of such controlled substance. | |
(8) a person qualified to dispense controlled |
| substances under this Act and registered thereunder shall at no time maintain or keep in stock a quantity of Schedule V controlled substances defined and listed in Section 212 (b) (1), (2) or (3) in excess of 4.5 liters for each substance; a pharmacy shall at no time maintain or keep in stock a quantity of Schedule V controlled substances as defined in excess of 4.5 liters for each substance, plus the additional quantity of controlled substances necessary to fill the largest number of prescription orders filled by that pharmacy for such controlled substances in any one week in the previous year. These limitations shall not apply to Schedule V controlled substances which Federal law prohibits from being dispensed without a prescription. | |
(9) no person shall distribute or dispense butyl |
| nitrite for inhalation or other introduction into the human body for euphoric or physical effect. | |
(d) Every practitioner shall keep a record of controlled substances received by him and a record of all such controlled substances administered, dispensed or professionally used by him otherwise than by prescription. It shall, however, be sufficient compliance with this paragraph if any practitioner utilizing controlled substances listed in Schedules III, IV and V shall keep a record of all those substances dispensed and distributed by him other than those controlled substances which are administered by the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject. A practitioner who dispenses, other than by administering, a controlled substance in Schedule II, which is a narcotic drug listed in Section 206 of this Act, or which contains any quantity of amphetamine or methamphetamine, their salts, optical isomers or salts of optical isomers, pentazocine, or methaqualone shall do so only upon the issuance of a written prescription blank by a prescriber.
(e) Whenever a manufacturer distributes a controlled substance in a package prepared by him, and whenever a wholesale distributor distributes a controlled substance in a package prepared by him or the manufacturer, he shall securely affix to each package in which that substance is contained a label showing in legible English the name and address of the manufacturer, the distributor and the quantity, kind and form of controlled substance contained therein. No person except a pharmacist and only for the purposes of filling a prescription under this Act, shall alter, deface or remove any label so affixed.
(f) Whenever a practitioner dispenses any controlled substance except a non‑prescription targeted methamphetamine precursor regulated by the Methamphetamine Precursor Control Act, he shall affix to the container in which such substance is sold or dispensed, a label indicating the date of initial filling, the practitioner's name and address, the name of the patient, the name of the prescriber, the directions for use and cautionary statements, if any, contained in any prescription or required by law, the proprietary name or names or the established name of the controlled substance, and the dosage and quantity, except as otherwise authorized by regulation by the Department of Professional Regulation. No person shall alter, deface or remove any label so affixed.
(g) A person to whom or for whose use any controlled substance has been prescribed or dispensed by a practitioner, or other persons authorized under this Act, and the owner of any animal for which such substance has been prescribed or dispensed by a veterinarian, may lawfully possess such substance only in the container in which it was delivered to him by the person dispensing such substance.
(h) The responsibility for the proper prescribing or dispensing of controlled substances is upon the prescriber and the responsibility for the proper filling of a prescription for controlled substance drugs rests with the pharmacist. An order purporting to be a prescription issued to any individual, which is not in the regular course of professional treatment nor part of an authorized methadone maintenance program, nor in legitimate and authorized research instituted by any accredited hospital, educational institution, charitable foundation, or federal, state or local governmental agency, and which is intended to provide that individual with controlled substances sufficient to maintain that individual's or any other individual's physical or psychological addiction, habitual or customary use, dependence, or diversion of that controlled substance is not a prescription within the meaning and intent of this Act; and the person issuing it, shall be subject to the penalties provided for violations of the law relating to controlled substances.
(i) A prescriber shall not preprint or cause to be preprinted a prescription for any controlled substance; nor shall any practitioner issue, fill or cause to be issued or filled, a preprinted prescription for any controlled substance.
(j) No person shall manufacture, dispense, deliver, possess with intent to deliver, prescribe, or administer or cause to be administered under his direction any anabolic steroid, for any use in humans other than the treatment of disease in accordance with the order of a physician licensed to practice medicine in all its branches for a valid medical purpose in the course of professional practice. The use of anabolic steroids for the purpose of hormonal manipulation that is intended to increase muscle mass, strength or weight without a medical necessity to do so, or for the intended purpose of improving physical appearance or performance in any form of exercise, sport, or game, is not a valid medical purpose or in the course of professional practice.
(Source: P.A. 96‑166, eff. 1‑1‑10.) |
(720 ILCS 570/316)
Sec. 316. Schedule II controlled substance prescription monitoring program. The Department must provide for a Schedule II controlled substance prescription monitoring program that includes the following components:
(1) The dispenser must transmit to the central
| repository the following information: | |
(A) The recipient's name.
(B) The recipient's address.
(C) The national drug code number of the |
| Schedule II controlled substance dispensed. | |
(D) The date the controlled substance is |
| |
(E) The quantity of the controlled substance |
| |
(F) The dispenser's United States Drug |
| Enforcement Administration registration number. | |
(G) The prescriber's United States Drug |
| Enforcement Administration registration number. | |
(2) The information required to be transmitted under |
| this Section must be transmitted not more than 7 days after the date on which a controlled substance is dispensed. | |
(3) A dispenser must transmit the information |
| required 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 |
| |
that meets specifications prescribed by the Department.
Controlled substance prescription monitoring does not apply to controlled substance prescriptions as exempted under Section 313.
(Source: P.A. 95‑442, eff. 1‑1‑08.) |
(720 ILCS 570/317)
Sec. 317. Central repository for collection of information.
(a) The Department must designate a central repository for the collection of information transmitted under Section 316 and 321.
(b) The central repository must do the following:
(1) Create a database for information required to be
| transmitted under Section 316 in the form required under rules adopted by the Department, including search capability for the following: | |
(A) A recipient's name.
(B) A recipient's address.
(C) The national drug code number of a |
| controlled substance dispensed. | |
(D) The dates a controlled substance is |
| |
(E) The quantities of a controlled substance |
| |
(F) A dispenser's United States Drug Enforcement |
| Administration registration number. | |
(G) A prescriber's United States Drug |
| Enforcement Administration registration number. | |
(2) Provide the Department with a database |
| maintained by the central repository. The Department of Financial and Professional Regulation must provide the Department with electronic access to the license information of a prescriber or dispenser. The Department of Financial and Professional Regulation may charge a fee for this access not to exceed the actual cost of furnishing the information. | |
(3) Secure the information collected by the central |
| repository and the database maintained by the central repository against access by unauthorized persons. | |
No fee shall be charged for access by a prescriber or |
| |
(Source: P.A. 95‑442, eff. 1‑1‑08.) |
(720 ILCS 570/318)
Sec. 318. Confidentiality of information.
(a) Information received by the central repository under Section 316 and 321 is confidential.
(b) The Department must carry out a program to protect the confidentiality of the information described in subsection (a). The Department may disclose the information to another person only under subsection (c), (d), or (f) and may charge a fee not to exceed the actual cost of furnishing the information.
(c) The Department may disclose confidential information described in subsection (a) to any person who is engaged in receiving, processing, or storing the information.
(d) The Department may release confidential information described in subsection (a) to the following persons:
(1) A governing body that licenses practitioners and
| is engaged in an investigation, an adjudication, or a prosecution of a violation under any State or federal law that involves a controlled substance. | |
(2) An investigator for the Consumer Protection |
| Division of the office of the Attorney General, a prosecuting attorney, the Attorney General, a deputy Attorney General, or an investigator from the office of the Attorney General, who is engaged in any of the following activities involving controlled substances: | |
(A) an investigation;
(B) an adjudication; or
(C) a prosecution of a violation under any State |
| or federal law that involves a controlled substance. | |
(3) A law enforcement officer who is:
(A) authorized by the Department of State Police |
| or the office of a county sheriff or State's Attorney or municipal police department of Illinois to receive information of the type requested for the purpose of investigations involving controlled substances; or | |
(B) approved by the Department to receive |
| information of the type requested for the purpose of investigations involving controlled substances; and | |
(C) engaged in the investigation or prosecution |
| of a violation under any State or federal law that involves a controlled substance. | |
(e) Before the Department releases confidential information under subsection (d), the applicant must demonstrate in writing to the Department that:
(1) the applicant has reason to believe that a |
| violation under any State or federal law that involves a controlled substance has occurred; and | |
(2) the requested information is reasonably related |
| to the investigation, adjudication, or prosecution of the violation described in subdivision (1). | |
(f) The Department may receive and release prescription record information to:
(1) a governing body that licenses practitioners;
(2) an investigator for the Consumer Protection |
| Division of the office of the Attorney General, a prosecuting attorney, the Attorney General, a deputy Attorney General, or an investigator from the office of the Attorney General; | |
(3) any Illinois law enforcement officer who is:
(A) authorized to receive the type of |
| information released; and | |
(B) approved by the Department to receive the |
| type of information released; or | |
(4) prescription monitoring entities in other states |
| per the provisions outlined in subsection (g) and (h) below; | |
confidential prescription record information collected under Sections 316 and 321 that identifies vendors or practitioners, or both, who are prescribing or dispensing large quantities of Schedule II, III, IV, or V controlled substances outside the scope of their practice, pharmacy, or business, as determined by the Advisory Committee created by Section 320.
(g) The information described in subsection (f) may not be released until it has been reviewed by an employee of the Department who is licensed as a prescriber or a dispenser and until that employee has certified that further investigation is warranted. However, failure to comply with this subsection (g) does not invalidate the use of any evidence that is otherwise admissible in a proceeding described in subsection (h).
(h) An investigator or a law enforcement officer receiving confidential information under subsection (c), (d), or (f) may disclose the information to a law enforcement officer or an attorney for the office of the Attorney General for use as evidence in the following:
(1) A proceeding under any State or federal law that |
| involves a controlled substance. | |
(2) A criminal proceeding or a proceeding in |
| juvenile court that involves a controlled substance. | |
(i) The Department may compile statistical reports from the information described in subsection (a). The reports must not include information that identifies, by name, license or address, any practitioner, dispenser, ultimate user, or other person administering a controlled substance.
(j) Based upon federal, initial and maintenance funding, a prescriber and dispenser inquiry system shall be developed to assist the medical community in its goal of effective clinical practice and to prevent patients from diverting or abusing medications.
(1) An inquirer shall have read‑only access to a |
| stand‑alone database which shall contain records for the previous 6 months. | |
(2) Dispensers may, upon positive and secure |
| identification, make an inquiry on a patient or customer solely for a medical purpose as delineated within the federal HIPAA law. | |
(3) The Department shall provide a one‑to‑one secure |
| link and encrypted software necessary to establish the link between an inquirer and the Department. Technical assistance shall also be provided. | |
(4) Written inquiries are acceptable but must |
| include the fee and the requestor's Drug Enforcement Administration license number and submitted upon the requestor's business stationary. | |
(5) No data shall be stored in the database beyond |
| |
(6) Tracking analysis shall be established and used |
| |
(7) Nothing in this Act or Illinois law shall be |
| construed to require a prescriber or dispenser to make use of this inquiry system. | |
(8) If there is an adverse outcome because of a |
| prescriber or dispenser making an inquiry, which is initiated in good faith, the prescriber or dispenser shall be held harmless from any civil liability. | |
(Source: P.A. 95‑442, eff. 1‑1‑08.) |
