Full Text of HB4578 101st General Assembly
HB4578 101ST GENERAL ASSEMBLY
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
Introduced 2/5/2020, by Rep. Anna Moeller
SYNOPSIS AS INTRODUCED:
Amends the Clinical Psychologist Licensing Act. In language providing
that 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, deletes
an exception for patients who are less than 17 years of age or over 65 years
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Clinical Psychologist Licensing Act is
amended by changing Section 4.3 as follows:
(225 ILCS 15/4.3)
(Section scheduled to be repealed on January 1, 2027)
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
(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:
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
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developmental disabilities and intellectual disabilities;
(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
(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
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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
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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
(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
(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
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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
(m) No collaborating physician shall enter into more than 3
collaborative agreements with prescribing psychologists.
(Source: P.A. 101-84, eff. 7-19-19.)