Public Act 101-0084
 
SB1135 EnrolledLRB101 00178 KTG 49641 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Clinical Psychologist Licensing Act is 
amended  by changing Sections 4.2 and 4.3 as follows:
 
    (225 ILCS 15/4.2)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 4.2. Prescribing psychologist license. 
    (a) A psychologist may apply to the Department for a 
prescribing psychologist license. The application shall be 
made on a form approved by the Department, include the payment 
of any required fees,  and be accompanied by evidence 
satisfactory to the Department that the applicant:
        (1) holds a current license to practice clinical 
    psychology in Illinois;
        (2) has successfully completed the following minimum 
    educational and training requirements either during the 
    doctoral program required for licensure under this Section 
    or in an accredited undergraduate or master level program 
    prior to or subsequent to the doctoral program required 
    under this Section:
            (A)  specific minimum  undergraduate biomedical 
        prerequisite coursework, including, but not limited 
        to:  Medical Terminology (class or proficiency); 
        Chemistry or Biochemistry with lab (2 semesters); 
        Human Physiology (one semester); Human Anatomy (one 
        semester); Anatomy and Physiology; Microbiology with 
        lab (one semester); and General Biology for science 
        majors or Cell and Molecular Biology (one semester);
            (B)  a minimum of 60 credit hours of didactic 
        coursework, including, but not limited to: 
        Pharmacology; Clinical Psychopharmacology;  Clinical 
        Anatomy and Integrated Science;   Patient Evaluation; 
        Advanced Physical Assessment; Research Methods; 
        Advanced Pathophysiology;  Diagnostic Methods; Problem 
        Based Learning; and    Clinical and Procedural Skills; 
        and
            (C)   a full-time practicum of 14 months' months 
        supervised clinical training of at least 36 credit 
        hours, including a research project; during the 
        clinical rotation phase, students complete rotations 
        in Emergency Medicine, Family Medicine, Geriatrics, 
        Internal Medicine, Obstetrics and Gynecology, 
        Pediatrics, Psychiatrics, Surgery, and one elective of 
        the students' choice; program approval standards 
        addressing faculty qualifications, regular competency 
        evaluation and length of clinical rotations, and 
        instructional settings, including, but not limited to, 
        hospitals, medical centers, health care facilities 
        located at federal and State prisons, hospital 
        outpatient clinics, community mental health clinics, 
        patient-centered medical homes or family-centered 
        medical homes, women's medical health centers, and 
        Federally Qualified Health Centers; the clinical 
        training must meet the standards for: and correctional 
        facilities, in accordance with those of the 
        Accreditation Review Commission on Education for the 
        Physician Assistant shall be set by Department by rule;
                (i) physician assistant education as defined 
            by the Accreditation Review Commission on 
            Education for the Physician Assistant;
                (ii) advanced practice nurse education as 
            defined by  the Commission on Collegiate Nursing 
            Education for the Advanced Nurse Practitioner or 
            the Accreditation Commission for Education in 
            Nursing for the Advanced Nurse Practitioner; or
                (iii) medical education as defined by the 
            Accreditation Council for Graduate Medical 
            Education and shall be set by the Department by 
            rule;
        (3)  has completed a National Certifying Exam, as 
    determined by rule; and
        (4) meets all other requirements for obtaining a 
    prescribing psychologist license, as determined by rule.
    (b) The Department may issue a prescribing psychologist 
license if it finds that the applicant has met the requirements 
of subsection (a) of this Section.
    (c) A prescribing psychologist may only prescribe 
medication pursuant to the provisions of this Act if the 
prescribing psychologist:
        (1) continues to hold a current license to practice 
    psychology in Illinois;
        (2) satisfies the continuing education requirements 
    for prescribing psychologists, including 10 hours of 
    continuing education annually in pharmacology from 
    accredited providers; and
        (3) maintains a written collaborative agreement with a 
    collaborating physician pursuant to Section 4.3 of this 
    Act. 

(Source: P.A. 98-668, eff. 6-25-14.)
 
    (225 ILCS 15/4.3)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 4.3. Written collaborative agreements. 
    (a) A written collaborative agreement is required for all 
prescribing psychologists practicing under a prescribing 
psychologist license issued pursuant to Section 4.2 of this 
Act.
    (b) A written delegation of prescriptive authority by a 
collaborating physician may only include medications for the 
treatment of mental health disease or illness the collaborating 
physician generally provides to his or her patients in the 
normal course of his or her clinical practice with the 
exception of the following:
        (1) patients who are less than 17 years of age or over 
    65 years of age;
        (2) patients during pregnancy;
        (3) patients with serious medical conditions, such as 
    heart disease, cancer, stroke, or seizures, and with 
    developmental disabilities and intellectual disabilities; 
    and
        (4) prescriptive authority for benzodiazepine Schedule 
    III controlled substances.
    (c) The collaborating physician shall file with the 
Department notice of delegation of prescriptive authority and 
termination of the delegation, in accordance with rules of the 
Department.  Upon receipt of this notice delegating authority to 
prescribe any  nonnarcotic Schedule III through V controlled 
substances, the licensed clinical psychologist shall be 
eligible to register for a mid-level practitioner controlled 
substance license under Section 303.05 of the Illinois 
Controlled Substances Act.
    (d) All of the following shall apply to delegation of 
prescriptive authority:
        (1) Any delegation of Schedule III through V controlled 
    substances shall identify the specific controlled 
    substance by brand name or generic name. No controlled 
    substance to be delivered by  injection may be delegated. No 
    Schedule II controlled substance shall be delegated. 
        (2) A prescribing psychologist shall not prescribe 
    narcotic drugs, as defined in Section 102 of the Illinois 
    Controlled Substances Act.
    Any prescribing psychologist who writes a prescription for 
a controlled substance without having valid and appropriate 
authority may be fined by the Department not more than $50 per 
prescription and the Department may take any other disciplinary 
action provided for in this Act.
    All prescriptions written by a prescribing psychologist 
must contain the name of the prescribing psychologist and his 
or her signature. The prescribing psychologist shall sign his 
or her own name. 
    (e) The written collaborative agreement shall describe the 
working relationship of the prescribing psychologist with the 
collaborating physician and shall delegate prescriptive 
authority as provided in this Act. Collaboration does not 
require an employment relationship between the collaborating 
physician and prescribing psychologist. Absent an employment 
relationship, an agreement may not restrict third-party 
payment sources accepted by the prescribing  psychologist. For 
the purposes of this Section, "collaboration" means the 
relationship between a prescribing psychologist and a 
collaborating physician with respect to the delivery of 
prescribing services in accordance with (1) the prescribing 
psychologist's training, education, and experience and (2) 
collaboration and consultation as documented in a jointly 
developed written collaborative agreement.
    (f)  The agreement shall promote the exercise of 
professional judgment by the prescribing psychologist 
corresponding to his or her education and experience.
    (g) The collaborative agreement shall not be construed to 
require the personal presence of a physician at the place where 
services are rendered. Methods of communication shall be 
available for consultation with the collaborating physician in 
person or by telecommunications in accordance with established 
written guidelines as set forth in the written agreement.
    (h) Collaboration and consultation pursuant to all 
collaboration agreements shall be adequate if a collaborating 
physician does each of the following:
        (1) participates in the joint formulation and joint 
    approval of orders or guidelines with the prescribing 
    psychologist and he or she periodically reviews the 
    prescribing psychologist's orders and the services 
    provided patients under the orders in accordance with 
    accepted standards of medical practice and prescribing 
    psychologist practice;
        (2) provides collaboration and consultation with the 
    prescribing psychologist in person at least once a month 
    for review of safety and quality clinical care or 
    treatment;
        (3) is available through telecommunications for 
    consultation on medical problems, complications, 
    emergencies, or patient referral; and
        (4) reviews medication orders of the prescribing 
    psychologist no less than monthly, including review of 
    laboratory tests and other tests as available.
    (i) The written collaborative agreement shall contain 
provisions detailing notice for termination or change of status 
involving a written collaborative agreement, except when the 
notice is given for just cause.
    (j) A copy of the signed written collaborative agreement 
shall be available to the Department upon request to either the 
prescribing psychologist or the collaborating physician.
    (k) Nothing in this Section shall be construed to limit the 
authority of a prescribing psychologist to perform all duties 
authorized under this Act.
    (l) A prescribing psychologist shall inform each 
collaborating physician of all collaborative agreements he or 
she has signed and provide a copy of these to any collaborating 
physician.
    (m) No collaborating physician shall enter into more than 3 
collaborative agreements with prescribing psychologists.

(Source: P.A. 98-668, eff. 6-25-14.)
 
    Section 10. The Telehealth Act is amended  by changing 
Section 5 as follows:
 
    (225 ILCS 150/5)

    Sec. 5. Definitions. As used in this Act:
    "Health care professional" includes physicians, physician 
assistants, dentists, optometrists, advanced practice 
registered nurses, clinical psychologists licensed in 
Illinois, prescribing psychologists licensed in Illinois, 
dentists, occupational therapists, pharmacists, physical 
therapists, clinical social workers, speech-language 
pathologists, audiologists, hearing instrument dispensers, and 
mental health professionals and clinicians authorized by 
Illinois law to provide mental health services.

    "Telehealth" means the evaluation, diagnosis, or 
interpretation of electronically transmitted patient-specific 
data between a remote location and a licensed health care 
professional that generates interaction or treatment 
recommendations. "Telehealth" includes telemedicine and the 
delivery of health care services provided by way of an 
interactive telecommunications system, as defined in 
subsection (a) of Section 356z.22 of the Illinois Insurance 
Code.

(Source: P.A. 100-317, eff. 1-1-18; 100-644, eff. 1-1-19; 
100-930, eff. 1-1-19; revised 10-22-18.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.