103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0199

 

Introduced 1/31/2023, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 65/65-43

    Amends the Nurse Practice Act. Removes a provision providing that the scope of practice of an advanced practice registered nurse with full practice authority includes prescribing benzodiazepines or Schedule II narcotic drugs.


LRB103 25368 AMQ 51713 b

 

 

A BILL FOR

 

SB0199LRB103 25368 AMQ 51713 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nurse Practice Act is amended by changing
5Section 65-43 as follows:
 
6    (225 ILCS 65/65-43)
7    (Section scheduled to be repealed on January 1, 2028)
8    Sec. 65-43. Full practice authority.
9    (a) An Illinois-licensed advanced practice registered
10nurse certified as a nurse practitioner, nurse midwife, or
11clinical nurse specialist shall be deemed by law to possess
12the ability to practice without a written collaborative
13agreement as set forth in this Section.
14    (b) An advanced practice registered nurse certified as a
15nurse midwife, clinical nurse specialist, or nurse
16practitioner who files with the Department a notarized
17attestation of completion of at least 250 hours of continuing
18education or training and at least 4,000 hours of clinical
19experience after first attaining national certification shall
20not require a written collaborative agreement. Documentation
21of successful completion shall be provided to the Department
22upon request.
23    Continuing education or training hours required by

 

 

SB0199- 2 -LRB103 25368 AMQ 51713 b

1subsection (b) shall be in the advanced practice registered
2nurse's area of certification as set forth by Department rule.
3    The clinical experience must be in the advanced practice
4registered nurse's area of certification. The clinical
5experience shall be in collaboration with a physician or
6physicians. Completion of the clinical experience must be
7attested to by the collaborating physician or physicians or
8employer and the advanced practice registered nurse. If the
9collaborating physician or physicians or employer is unable to
10attest to the completion of the clinical experience, the
11Department may accept other evidence of clinical experience as
12established by rule.
13    (c) The scope of practice of an advanced practice
14registered nurse with full practice authority includes:
15        (1) all matters included in subsection (c) of Section
16    65-30 of this Act;
17        (2) practicing without a written collaborative
18    agreement in all practice settings consistent with
19    national certification;
20        (3) authority to prescribe both legend drugs and
21    Schedule II through V controlled substances; this
22    authority includes prescription of, selection of, orders
23    for, administration of, storage of, acceptance of samples
24    of, and dispensing over the counter medications, legend
25    drugs, and controlled substances categorized as any
26    Schedule II through V controlled substances, as defined in

 

 

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1    Article II of the Illinois Controlled Substances Act, and
2    other preparations, including, but not limited to,
3    botanical and herbal remedies;
4        (4) (blank) prescribing benzodiazepines or Schedule II
5    narcotic drugs, such as opioids, only in a consultation
6    relationship with a physician; this consultation
7    relationship shall be recorded in the Prescription
8    Monitoring Program website, pursuant to Section 316 of the
9    Illinois Controlled Substances Act, by the physician and
10    advanced practice registered nurse with full practice
11    authority and is not required to be filed with the
12    Department; the specific Schedule II narcotic drug must be
13    identified by either brand name or generic name; the
14    specific Schedule II narcotic drug, such as an opioid, may
15    be administered by oral dosage or topical or transdermal
16    application; delivery by injection or other route of
17    administration is not permitted; at least monthly, the
18    advanced practice registered nurse and the physician must
19    discuss the condition of any patients for whom a
20    benzodiazepine or opioid is prescribed; nothing in this
21    subsection shall be construed to require a prescription by
22    an advanced practice registered nurse with full practice
23    authority to require a physician name;
24        (5) authority to obtain an Illinois controlled
25    substance license and a federal Drug Enforcement
26    Administration number; and

 

 

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1        (6) use of only local anesthetic.
2    The scope of practice of an advanced practice registered
3nurse does not include operative surgery. Nothing in this
4Section shall be construed to preclude an advanced practice
5registered nurse from assisting in surgery.
6    (d) The Department may adopt rules necessary to administer
7this Section, including, but not limited to, requiring the
8completion of forms and the payment of fees.
9    (e) Nothing in this Act shall be construed to authorize an
10advanced practice registered nurse with full practice
11authority to provide health care services required by law or
12rule to be performed by a physician.
13(Source: P.A. 101-13, eff. 6-12-19; 102-75, eff. 1-1-22.)