Section 1300.430  Written Collaborative Agreement − Prescriptive Authority

a)         A collaborating physician or podiatric physician who delegates prescriptive authority to an advanced practice registered nurse shall include that delegation in the written collaborative agreement. This authority may 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 or podiatric physician must have a valid current Illinois controlled substances license and federal registration to delegate authority to prescribe delegated controlled substances.

b)         Pursuant to Section 65-40(d) of the Act, a collaborating physician may, but is not required to, delegate authority to an APRN to prescribe any Schedule II controlled substances by oral dosage or topical or transdermal application if all the following conditions apply:

1)         The delegated Schedule II controlled substance is specifically identified by either brand name or generic name.  For the purposes of this Section generic substitution pursuant to Section 25 of the Pharmacy Practice Act [225 ILCS 85] shall be allowed under this Section when not prohibited by a prescriber's indication on the prescription that the pharmacist "may not substitute".

2)         The delegated Schedule II controlled substances are routinely prescribed by the collaborating physician or podiatric physician.

3)         Any Schedule II controlled substance prescription must be limited to no more than a 30-day supply, with any continuation authorized only after prior approval of the collaborating physician or podiatric physician.

4)         The APRN must discuss the condition of any patients for whom a Schedule II controlled substance is prescribed monthly with the delegating physician or podiatric physician.

5)         The APRN meets the education requirements of Section 303.05 of the Illinois Controlled Substances Act [720 ILCS 570].

c)         An APRN who has been given controlled substances prescriptive authority shall be required to obtain an Illinois mid-level practitioner controlled substances license in accordance with 77 Ill. Adm. Code 3100.  The physician or podiatric physician shall file a notice of delegation of prescriptive authority with the Division and the Prescription Monitoring Program.  (Section 65-40(c) of the Act)  The delegation of authority form shall be submitted to the Division and the Prescription Monitoring Program prior to the issuance of a mid-level controlled substances license.

d)         The APRN may only prescribe and dispense Schedule II controlled substances that the collaborating physician or podiatric physician prescribes.  Licensed dentists may not delegate prescriptive authority.

e)         The APRN shall sign his/her own name when writing and signing prescriptions.  The collaborating physician's or podiatric physician's signature is not required.

f)         An APRN may receive and dispense samples per the collaborative agreement.

g)         Medication orders shall be reviewed periodically by the collaborating physician.

h)         Nothing in this Section shall be construed to apply to an APRN granted full practice authority pursuant to Section 65-43.

i)          Nothing in this Section shall apply to any prescribing authority, including Schedule II controlled substances, of an APRN providing care in a hospital, hospital affiliate, or ambulatory surgical treatment center (see Section 65-45 of the Act).

(Source:  Amended at 45 Ill. Reg. 228, effective January 4, 2021)