Illinois General Assembly - Illinois Compiled Statutes

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225 ILCS 65/65-40

(225 ILCS 65/65-40)

(was 225 ILCS 65/15-20)

(Section scheduled to be repealed on January 1, 2028)

Sec. 65-40. Written collaborative agreement; prescriptive authority.

(a) A collaborating
physician may, but is not required to,  delegate
prescriptive authority to an advanced practice registered
nurse as part of a written collaborative agreement.  This authority may, but is
not required to, include
prescription of, selection of, orders for, administration of, storage of, acceptance of samples of, and dispensing over the counter medications, legend drugs, medical gases, and controlled
substances categorized as
any Schedule III through V controlled substances, as defined in Article II of the
Illinois Controlled Substances Act, and other preparations, including, but not limited to, botanical and herbal remedies.  The collaborating physician must have a valid current Illinois controlled substance license and federal registration to delegate authority to prescribe delegated controlled substances.

(b) To prescribe controlled
substances under this Section, an advanced practice registered
nurse must obtain a mid-level practitioner controlled substance license.
 Medication orders shall be
reviewed
periodically by the collaborating physician.

(c) The collaborating physician shall file with the
Department and the Prescription Monitoring Program notice of delegation of prescriptive authority
and
termination of such delegation, in accordance with  rules of the Department.
 Upon receipt of this notice delegating authority to prescribe any Schedule III through V controlled substances, the licensed advanced practice registered nurse shall be
eligible to register for a mid-level practitioner controlled substance license
under Section 303.05 of the Illinois Controlled Substances Act.

(d) In addition to the requirements of subsections (a), (b), and (c) of this Section, a collaborating physician may, but is not required to, delegate authority to an advanced practice registered nurse to prescribe any Schedule II controlled substances, if all of  the following conditions apply:

(1) Specific Schedule II controlled substances by

oral dosage or topical or transdermal application may be delegated, provided that the delegated Schedule II controlled substances are routinely prescribed by the collaborating physician. This delegation must identify the specific Schedule II controlled substances by either brand name or generic name. Schedule II controlled substances to be delivered by injection or other route of administration may not be delegated.

(2) Any delegation must be controlled substances that

the collaborating physician prescribes.

(3) Any prescription must be limited to no more than

a 30-day supply, with any continuation authorized only after prior approval of the collaborating physician.

(4) The advanced practice registered nurse must

discuss the condition of any patients for whom a controlled substance is prescribed monthly with the delegating physician.

(5) The advanced practice registered nurse meets the

education requirements of Section 303.05 of the Illinois Controlled Substances Act.

(e) Nothing in this Act shall be construed to limit the delegation of tasks
or duties by a physician to a licensed practical nurse, a registered
professional nurse, or other persons. Nothing in this Act shall be construed to limit the method of delegation that may be authorized by any means, including, but not limited to, oral, written, electronic, standing orders, protocols, guidelines, or verbal orders.

(f) Nothing in this Section shall be construed to apply to any medication authority including Schedule II controlled substances of an advanced practice registered nurse for care provided in a hospital, hospital affiliate, or ambulatory surgical treatment center pursuant to Section 65-45.

    (g) (Blank).
    (h) Nothing in this Section shall be construed to prohibit generic substitution.

(i) Nothing in this Section shall be construed to apply to an advanced practice registered nurse who meets the requirements of Section 65-43.

(Source: P.A. 100-513, eff. 1-1-18; 101-81, eff. 7-12-19.)