HB 5373

Abstract

Amends the Illinois Controlled Substances Act. Provides that decisions regarding the treatment of patients experiencing chronic pain shall be made by the prescriber with dispensing by the pharmacist in accordance with the corresponding responsibility as described in federal regulations and State administrative rules. Provides that ordering, prescribing, dispensing, administering, or paying for controlled substances, including opioids, shall not be predetermined by specific morphine milligram equivalent guidelines. Provides that confidential information received from opioid treatment programs or confidential information otherwise protected under federal confidentiality of substance use disorder patient records shall not be included in the information shared to the central repository under the Prescription Monitoring Program. Provides that an applicant for this information must have a valid court order or subpoena for the confidential information requested. Defines "chronic pain" and "opiates". Effective immediately. House Committee Amendment No. 1 Defines "chronic pain" as pain that persists for more than 12 weeks and is adversely affecting the function or well-being of the individual (rather than just pain that persists for more than 12 weeks). House Floor Amendment No. 2 Provides that nothing in the provisions concerning chronic pain treatment shall interfere with the review of prescriptions by the Prescription Monitoring Program's Advisory Committee. Provides that in reviewing prescriptions for chronic pain, the advisory committee members shall review the most updated clinical guidelines on treating chronic pain for the period the prescriptions were written. Provides that upon review and approval by a licensed prescriber or dispenser, the Prescription Monitoring Program administrator or the Department of Human Service's general legal counsel may release information under the Prescription Monitoring Program that would otherwise be confidential. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Controlled Substances Act. Reinserts the provisions of the engrossed bill. Provides that ordering, prescribing, dispensing, administering, or paying for controlled substances, including opioids, shall not be predetermined by specific morphine milligram equivalent guidelines except as provided under federal law. Provides that nothing in the provisions concerning chronic pain treatment shall interfere with the review of prescriptions by the Prescription Monitoring Program's Peer Review Committee. Provides that in reviewing prescriptions for chronic pain, the peer review committee members shall review the most updated clinical guidelines on treating chronic pain for the period the prescriptions were written. Provides that confidential information received from opioid treatment programs or confidential information otherwise protected under federal confidentiality of substance use disorder patient records regulations under 42 CFR Part 2 shall not be included in the information shared by the Prescription Monitoring Program with any other department or agency. Provides that before the Department of Human Services may release confidential prescription information from the central repository, in addition to other factors, it must be demonstrated in writing to the Department by the applicant, the applicant has a valid court order or subpoena, or an administrative subpoena issued by the Department of Financial and Professional Regulation, for the confidential information requested. Effective immediately.