SB 285

Abstract

Amends the Illinois Controlled Substances Act. Provides that the Department of Human Services shall not require, either expressly or effectively, electronic health records systems, pharmacies, or other providers to utilize a particular entity or system for integration of pharmacy records with the Prescription Monitoring Program. Provides that electronic health records systems and providers may integrate with the Prescription Monitoring Program through the integration entity or system of choice of the electronic health records system or provider, including cloud-based systems and systems that are not part of pharmacy management systems, if the integration entity or system has a HITRUST certification, SOC2 certification, or a security certification by a department of the federal government or another United States state government with which Illinois has a controlled substance data-sharing arrangement. Senate Floor Amendment No. 1 Adds reference to: 720 ILCS 570/316.1 new 720 ILCS 570/317 Replaces everything after the enacting clause. Amends the Illinois Controlled Substances Act. Eliminates the provision that the dispenser of a Schedule II, III, IV, or V controlled substance must transmit to the central repository the date the controlled substance is dispensed. Provides that a dispenser must transmit the information electronically as defined in administrative rules. Provides that it is the responsibility of any new, ceased, or unconnected healthcare facility and its selected Electronic Health Records System or Pharmacy Management System to make contact with and ensure integration with the Prescription Monitoring Program. Provides that as soon as practicable after the effective date of the amendatory Act, the Department of Human Services shall adopt rules requiring Electronic Health Records Systems and Pharmacy Management Systems to interface, by January 1, 2024, with the Prescription Monitoring Program to ensure that providers have access to specific patient records during the treatment of their patients. Provides that the Department shall identify actions to be taken if a prescriber's Electronic Health Records System and Pharmacy Management Systems does not effectively interface with the Prescription Monitoring Program once the Prescription Monitoring Program is aware of the non-integrated connection. Provides that subject to specified statutory requirements and limitations and as provided in administrative rule, the Department of Human Services shall not require, either expressly or effectively, Electronic Health Records Systems, pharmacies, or other providers to utilize a particular entity or system for access to the integration of pharmacy records with the Prescription Monitoring Program. Provides that customers required to integrate under State or federal law, must meet the requirements outlined in administrative rule, including, but not limited to, the following: (1) the acknowledgment and choice of the customer of the method of integration with the Prescription Monitoring Program and (2) the data use and other requirements on the customer in accessing and using the Prescription Monitoring Program. Provides that a fee cannot be levied as part of a memorandum of understanding required by the Department under this provision. Provides that non-compliance by the Integration Vendor, Electronic Health Record System, Certified Health IT Module, Pharmacy Management System or Pharmacy Dispensing System, customer, or any parties required to comply with this provision may result in the party being prohibited from serving as entity or system for integration with the Prescription Monitoring Program, termination of contracts, agreements, or other business relationships. Provides that the Department shall institute appropriate cure notices, as necessary to remedy non-compliance. Effective immediately, except that some provisions take effect July 1, 2024.