Ill. Admin. Code tit. 77 § 2080.190

Current through Register Vol. 48, No. 49, December 6, 2024

Section 2080.190 - Reports

a) For the purpose of intervention to prevent misuse, a prescriber or dispenser may request that reports about their patients be sent to them via a secure method if a patient meets the current PMP indications of potential misuse criteria set forth by the PMPAC.

b) A personal information report of a patient's prescription profile may be obtained if:

1) The patient, parent, or guardian completes a notarized request; and

2) The patient, parent, or guardian submits the notarized request by mail to the ILPMP at:

Illinois Prescription Monitoring Program

401 North 4^th Street, First Floor

Springfield, Illinois 62702

c)When a person has been identified as having 5 or more prescribers or 5 or more pharmacies, or both, that do not utilize a common electronic file as specified in Section 20 of the Pharmacy Practice Act [225 ILCS 85 ] for controlled substances within the course of a 6-month period, the ILPMP may issue an unsolicited report to the prescribers informing them of the potential medication shopping [720 ILCS 570/314.5(d)] . If an unsolicited report is issued to a prescriber or prescribers, then the report must also be sent to the applicable dispensing pharmacy. The individual prescriber's judgment determines what actions, if any, they should take upon receipt of the unsolicited 5-5-6 reports.

d)The ILPMP is authorized to develop operational reports to entities with compatible electronic medical records [720 ILCS 570/318(n)] . The report will only include information for patients that are in the entity's electronic health record (EHR). It is the responsibility of the entity to keep the access to this confidential patient information secure. These entities must:

1) Meet and maintain the ILPMP's current security standards as set forth by the Office of the National Coordinator for Health Information Technology (ONC) at https://www.healthit.gov/topic/privacy-security-and-hipaa/health-it-privacy-and-security-resources-providers prior to the electronic transfer of information from the ILPMP to its respective EHR;

2) Be a licensed healthcare entity; and

3) Only use this confidential patient information for the treatment of the relevant patient.

e) Technical error and administrative function reports needed to determine that the records are received and maintained in good order may be used.

f) Sample trend analysis reports may be prepared extemporaneously by ILPMP staff. The distribution of all extemporaneous reports shall be at the discretion of the Clinical Director of the ILPMP.

g) Authorized persons listed in this subsection may request information from the ILPMP.

1) Official inquiries must be from any one of the following:

A) DFPR;

B) An investigator from the Illinois Consumer Protection Division of the Office of the Attorney General;

C) A law enforcement officer; or

D) Representatives of the Department of Children and Family Services.

2) All written notices, request and communications may be made by electronic mail to dhs.pmp@illinois.gov. Inquiries must demonstrate that:

A)The applicant has reason to believe that a violation under State or federal law that involves a controlled substance by an individual has occurred; and [720 ILCS 570/318(e)(1)]

B)The requested information is reasonably related to the investigation of the individual, adjudication, or prosecution of the violation. [720 ILCS 570/318(e)(2)]

3) The Department may impose a fee for the cost of generating and furnishing the requested information.

h) Any other reports concerning the information received from dispensers shall only be prepared at the direction of the Clinical Director [720 ILCS 570/102 (d-5)] or successor administrator who meets the statutory requirements. The information described in720 ILCS 570/318(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 [720 ILCS 570/318(g)] .

i) As directed by the Clinical Director for the ILPMP, aggregate data that does not indicate any prescriber, practitioner, dispenser, or patient may be used for clinical studies under Article VIII, Part 21 of the Code of Civil Procedure [735 ILCS 5/Art. VIII, Part 21] (Medical Studies).

Ill. Admin. Code tit. 77, § 2080.190

Added at 26 Ill. Reg. 3975, effective March 4, 2002

Amended at 39 Ill. Reg. 6421, effective 4/22/2015

Amended at 41 Ill. Reg. 11909, effective 9/13/2017

Amended at 47 Ill. Reg. 13500, effective 9/8/2023