Illinois General Assembly - Full Text of HB4578
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Full Text of HB4578  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/5/2020, by Rep. Anna Moeller


225 ILCS 15/4.3

    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 of age.

LRB101 17286 SPS 66691 b





HB4578LRB101 17286 SPS 66691 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 Clinical Psychologist Licensing Act is
5amended by changing Section 4.3 as follows:
6    (225 ILCS 15/4.3)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 4.3. Written collaborative agreements.
9    (a) A written collaborative agreement is required for all
10prescribing psychologists practicing under a prescribing
11psychologist license issued pursuant to Section 4.2 of this
13    (b) A written delegation of prescriptive authority by a
14collaborating physician may only include medications for the
15treatment of mental health disease or illness the collaborating
16physician generally provides to his or her patients in the
17normal course of his or her clinical practice with the
18exception of the following:
19        (1) (blank); patients who are less than 17 years of age
20    or over 65 years of age;
21        (2) patients during pregnancy;
22        (3) patients with serious medical conditions, such as
23    heart disease, cancer, stroke, or seizures, and with



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1    developmental disabilities and intellectual disabilities;
2    and
3        (4) prescriptive authority for benzodiazepine Schedule
4    III controlled substances.
5    (c) The collaborating physician shall file with the
6Department notice of delegation of prescriptive authority and
7termination of the delegation, in accordance with rules of the
8Department. Upon receipt of this notice delegating authority to
9prescribe any nonnarcotic Schedule III through V controlled
10substances, the licensed clinical psychologist shall be
11eligible to register for a mid-level practitioner controlled
12substance license under Section 303.05 of the Illinois
13Controlled Substances Act.
14    (d) All of the following shall apply to delegation of
15prescriptive authority:
16        (1) Any delegation of Schedule III through V controlled
17    substances shall identify the specific controlled
18    substance by brand name or generic name. No controlled
19    substance to be delivered by injection may be delegated. No
20    Schedule II controlled substance shall be delegated.
21        (2) A prescribing psychologist shall not prescribe
22    narcotic drugs, as defined in Section 102 of the Illinois
23    Controlled Substances Act.
24    Any prescribing psychologist who writes a prescription for
25a controlled substance without having valid and appropriate
26authority may be fined by the Department not more than $50 per



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1prescription and the Department may take any other disciplinary
2action provided for in this Act.
3    All prescriptions written by a prescribing psychologist
4must contain the name of the prescribing psychologist and his
5or her signature. The prescribing psychologist shall sign his
6or her own name.
7    (e) The written collaborative agreement shall describe the
8working relationship of the prescribing psychologist with the
9collaborating physician and shall delegate prescriptive
10authority as provided in this Act. Collaboration does not
11require an employment relationship between the collaborating
12physician and prescribing psychologist. Absent an employment
13relationship, an agreement may not restrict third-party
14payment sources accepted by the prescribing psychologist. For
15the purposes of this Section, "collaboration" means the
16relationship between a prescribing psychologist and a
17collaborating physician with respect to the delivery of
18prescribing services in accordance with (1) the prescribing
19psychologist's training, education, and experience and (2)
20collaboration and consultation as documented in a jointly
21developed written collaborative agreement.
22    (f) The agreement shall promote the exercise of
23professional judgment by the prescribing psychologist
24corresponding to his or her education and experience.
25    (g) The collaborative agreement shall not be construed to
26require the personal presence of a physician at the place where



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1services are rendered. Methods of communication shall be
2available for consultation with the collaborating physician in
3person or by telecommunications in accordance with established
4written guidelines as set forth in the written agreement.
5    (h) Collaboration and consultation pursuant to all
6collaboration agreements shall be adequate if a collaborating
7physician does each of the following:
8        (1) participates in the joint formulation and joint
9    approval of orders or guidelines with the prescribing
10    psychologist and he or she periodically reviews the
11    prescribing psychologist's orders and the services
12    provided patients under the orders in accordance with
13    accepted standards of medical practice and prescribing
14    psychologist practice;
15        (2) provides collaboration and consultation with the
16    prescribing psychologist in person at least once a month
17    for review of safety and quality clinical care or
18    treatment;
19        (3) is available through telecommunications for
20    consultation on medical problems, complications,
21    emergencies, or patient referral; and
22        (4) reviews medication orders of the prescribing
23    psychologist no less than monthly, including review of
24    laboratory tests and other tests as available.
25    (i) The written collaborative agreement shall contain
26provisions detailing notice for termination or change of status



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1involving a written collaborative agreement, except when the
2notice is given for just cause.
3    (j) A copy of the signed written collaborative agreement
4shall be available to the Department upon request to either the
5prescribing psychologist or the collaborating physician.
6    (k) Nothing in this Section shall be construed to limit the
7authority of a prescribing psychologist to perform all duties
8authorized under this Act.
9    (l) A prescribing psychologist shall inform each
10collaborating physician of all collaborative agreements he or
11she has signed and provide a copy of these to any collaborating
13    (m) No collaborating physician shall enter into more than 3
14collaborative agreements with prescribing psychologists.
15(Source: P.A. 101-84, eff. 7-19-19.)