Summary as Introduced
Amends the Illinois Controlled Substances Act. Provides that in accordance with an agreement entered into with the Department of Human Services, an authorized employee of a county or municipal health department or the Department of Public Health shall have access to data from the prescription inquiry system for any of the following purposes: (1) developing education programs or public health interventions relating to specific prescribing practices, controlled substances and the prevention of fraud and abuse; or (2) conducting analyses and publish reports on prescribing trends in their respective jurisdictions. Provides that analyses and reports must not include information that identifies, by name, license, or address, any practitioner, dispenser, ultimate user, or other person administering a controlled substance. Provides that any county or municipal health department accessing data from the system shall implement appropriate technical and physical safeguards to ensure the privacy and security of data obtained from the system.
Staff Analysis
Amends the Illinois Controlled Substances Act. Provides that, in accordance with a confidentiality agreement entered into with the Department of Human Services, a medical director, or a public health administrator and their delegated analysts, of a county or municipal health department or the Department of Public Health shall have access to data from the prescription monitoring system for any of the following purposes: (1) developing education programs or public health interventions relating to prescribing trends and controlled substance use; or (2) conducting analyses and publish reports on prescribing trends in their respective jurisdictions. Provides that, at a minimum, the confidentiality agreement entered into with the Department shall: (i) prohibit analysis and reports produced under subparagraph (2) from including information that identifies, by name, license, or address, any practitioner, dispenser, ultimate user, or other person administering a controlled substance; and (ii) specify the appropriate technical and physical safeguards that the county or municipal health department must implement to ensure the privacy and security of data obtained from the system. Provides that the data from the system shall not be admissible as evidence, nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or person. Provides that the disclosure of any such information or data, whether proper or improper, shall not waive or have any effect upon its confidentiality, non-discoverability, or non-admissibility. Provides that, notwithstanding any other provision of the Act, neither the Prescription Monitoring Program nor any other person shall disclose any information in violation of the restrictions and requirements implemented under Public Act 102-527 concerning opioid treatment programs licensed or certified by the Department of Human Services' Division of Substance Use Prevention and Recovery that are authorized by the federal Drug Enforcement Administration to prescribe Schedule II, III, IV, or V controlled substances for the treatment of opioid use disorders.