State of Illinois
2019 and 2020


Introduced 2/5/2019, by Sen. Don Harmon


See Index

    Amends the Hospital Licensing Act. Permits hospitals that admit patients for treatment of mental illness to grant medical staff privileges to licensed prescribing psychologists. Amends the Clinical Psychologist Licensing Act. Requires a psychologist applying for a prescribing psychologist license to have completed 30 psychology doctoral graduate credit hours and 31 credit hours in a Master of Science degree program. Provides that clinical rotation training requirements for prescribing psychologists shall be completed under the administrative supervision of a Director or other faculty member of a regionally approved University that provides training for the master's degree in clinical psychopharmacology. Requires the clinical rotation training to be housed in a healthcare setting and to meet certain academic standards. Provides that all prescriptions written by a prescribing psychologist must contain the prescribing psychologist's name and signature. Provides that physicians may provide collaboration and consultation with prescribing psychologists via telehealth. Permits persons who have 5 years of experience as a prescribing psychologist in another state or at a federal medical facility to apply for an Illinois prescribing psychologist license by endorsement. Makes changes to the Clinical Psychologists Licensing and Disciplinary Board. Amends the Telehealth Act. Expands the definition of "health care professional" to include prescribing psychologists. Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to reimburse prescribing psychologists for behavioral health services provided via telehealth. Requires the Department to, by rule, establish rates to be paid for specified services provided by clinical psychologists and prescribing psychologists. Effective immediately.

LRB101 00178 KTG 49641 b






SB1135LRB101 00178 KTG 49641 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 1. The Hospital Licensing Act is amended by
5changing Section 10.4 as follows:
6    (210 ILCS 85/10.4)  (from Ch. 111 1/2, par. 151.4)
7    Sec. 10.4. Medical staff privileges.
8    (a) Any hospital licensed under this Act or any hospital
9organized under the University of Illinois Hospital Act shall,
10prior to the granting of any medical staff privileges to an
11applicant, or renewing a current medical staff member's
12privileges, request of the Director of Professional Regulation
13information concerning the licensure status and any
14disciplinary action taken against the applicant's or medical
15staff member's license, except: (1) for medical personnel who
16enter a hospital to obtain organs and tissues for transplant
17from a donor in accordance with the Illinois Anatomical Gift
18Act; or (2) for medical personnel who have been granted
19disaster privileges pursuant to the procedures and
20requirements established by rules adopted by the Department.
21Any hospital and any employees of the hospital or others
22involved in granting privileges who, in good faith, grant
23disaster privileges pursuant to this Section to respond to an



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1emergency shall not, as a result of their acts or omissions, be
2liable for civil damages for granting or denying disaster
3privileges except in the event of willful and wanton
4misconduct, as that term is defined in Section 10.2 of this
5Act. Individuals granted privileges who provide care in an
6emergency situation, in good faith and without direct
7compensation, shall not, as a result of their acts or
8omissions, except for acts or omissions involving willful and
9wanton misconduct, as that term is defined in Section 10.2 of
10this Act, on the part of the person, be liable for civil
11damages. The Director of Professional Regulation shall
12transmit, in writing and in a timely fashion, such information
13regarding the license of the applicant or the medical staff
14member, including the record of imposition of any periods of
15supervision or monitoring as a result of alcohol or substance
16abuse, as provided by Section 23 of the Medical Practice Act of
171987, and such information as may have been submitted to the
18Department indicating that the application or medical staff
19member has been denied, or has surrendered, medical staff
20privileges at a hospital licensed under this Act, or any
21equivalent facility in another state or territory of the United
22States. The Director of Professional Regulation shall define by
23rule the period for timely response to such requests.
24    No transmittal of information by the Director of
25Professional Regulation, under this Section shall be to other
26than the president, chief operating officer, chief



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1administrative officer, or chief of the medical staff of a
2hospital licensed under this Act, a hospital organized under
3the University of Illinois Hospital Act, or a hospital operated
4by the United States, or any of its instrumentalities. The
5information so transmitted shall be afforded the same status as
6is information concerning medical studies by Part 21 of Article
7VIII of the Code of Civil Procedure, as now or hereafter
9    (b) All hospitals licensed under this Act, except county
10hospitals as defined in subsection (c) of Section 15-1 of the
11Illinois Public Aid Code, shall comply with, and the medical
12staff bylaws of these hospitals shall include rules consistent
13with, the provisions of this Section in granting, limiting,
14renewing, or denying medical staff membership and clinical
15staff privileges. Hospitals that require medical staff members
16to possess faculty status with a specific institution of higher
17education are not required to comply with subsection (1) below
18when the physician does not possess faculty status.
19        (1) Minimum procedures for pre-applicants and
20    applicants for medical staff membership shall include the
21    following:
22            (A) Written procedures relating to the acceptance
23        and processing of pre-applicants or applicants for
24        medical staff membership, which should be contained in
25        medical staff bylaws.
26            (B) Written procedures to be followed in



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1        determining a pre-applicant's or an applicant's
2        qualifications for being granted medical staff
3        membership and privileges.
4            (C) Written criteria to be followed in evaluating a
5        pre-applicant's or an applicant's qualifications.
6            (D) An evaluation of a pre-applicant's or an
7        applicant's current health status and current license
8        status in Illinois.
9            (E) A written response to each pre-applicant or
10        applicant that explains the reason or reasons for any
11        adverse decision (including all reasons based in whole
12        or in part on the applicant's medical qualifications or
13        any other basis, including economic factors).
14        (2) Minimum procedures with respect to medical staff
15    and clinical privilege determinations concerning current
16    members of the medical staff shall include the following:
17            (A) A written notice of an adverse decision.
18            (B) An explanation of the reasons for an adverse
19        decision including all reasons based on the quality of
20        medical care or any other basis, including economic
21        factors.
22            (C) A statement of the medical staff member's right
23        to request a fair hearing on the adverse decision
24        before a hearing panel whose membership is mutually
25        agreed upon by the medical staff and the hospital
26        governing board. The hearing panel shall have



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1        independent authority to recommend action to the
2        hospital governing board. Upon the request of the
3        medical staff member or the hospital governing board,
4        the hearing panel shall make findings concerning the
5        nature of each basis for any adverse decision
6        recommended to and accepted by the hospital governing
7        board.
8                (i) Nothing in this subparagraph (C) limits a
9            hospital's or medical staff's right to summarily
10            suspend, without a prior hearing, a person's
11            medical staff membership or clinical privileges if
12            the continuation of practice of a medical staff
13            member constitutes an immediate danger to the
14            public, including patients, visitors, and hospital
15            employees and staff. In the event that a hospital
16            or the medical staff imposes a summary suspension,
17            the Medical Executive Committee, or other
18            comparable governance committee of the medical
19            staff as specified in the bylaws, must meet as soon
20            as is reasonably possible to review the suspension
21            and to recommend whether it should be affirmed,
22            lifted, expunged, or modified if the suspended
23            physician requests such review. A summary
24            suspension may not be implemented unless there is
25            actual documentation or other reliable information
26            that an immediate danger exists. This



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1            documentation or information must be available at
2            the time the summary suspension decision is made
3            and when the decision is reviewed by the Medical
4            Executive Committee. If the Medical Executive
5            Committee recommends that the summary suspension
6            should be lifted, expunged, or modified, this
7            recommendation must be reviewed and considered by
8            the hospital governing board, or a committee of the
9            board, on an expedited basis. Nothing in this
10            subparagraph (C) shall affect the requirement that
11            any requested hearing must be commenced within 15
12            days after the summary suspension and completed
13            without delay unless otherwise agreed to by the
14            parties. A fair hearing shall be commenced within
15            15 days after the suspension and completed without
16            delay, except that when the medical staff member's
17            license to practice has been suspended or revoked
18            by the State's licensing authority, no hearing
19            shall be necessary.
20                (ii) Nothing in this subparagraph (C) limits a
21            medical staff's right to permit, in the medical
22            staff bylaws, summary suspension of membership or
23            clinical privileges in designated administrative
24            circumstances as specifically approved by the
25            medical staff. This bylaw provision must
26            specifically describe both the administrative



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1            circumstance that can result in a summary
2            suspension and the length of the summary
3            suspension. The opportunity for a fair hearing is
4            required for any administrative summary
5            suspension. Any requested hearing must be
6            commenced within 15 days after the summary
7            suspension and completed without delay. Adverse
8            decisions other than suspension or other
9            restrictions on the treatment or admission of
10            patients may be imposed summarily and without a
11            hearing under designated administrative
12            circumstances as specifically provided for in the
13            medical staff bylaws as approved by the medical
14            staff.
15                (iii) If a hospital exercises its option to
16            enter into an exclusive contract and that contract
17            results in the total or partial termination or
18            reduction of medical staff membership or clinical
19            privileges of a current medical staff member, the
20            hospital shall provide the affected medical staff
21            member 60 days prior notice of the effect on his or
22            her medical staff membership or privileges. An
23            affected medical staff member desiring a hearing
24            under subparagraph (C) of this paragraph (2) must
25            request the hearing within 14 days after the date
26            he or she is so notified. The requested hearing



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1            shall be commenced and completed (with a report and
2            recommendation to the affected medical staff
3            member, hospital governing board, and medical
4            staff) within 30 days after the date of the medical
5            staff member's request. If agreed upon by both the
6            medical staff and the hospital governing board,
7            the medical staff bylaws may provide for longer
8            time periods.
9            (C-5) All peer review used for the purpose of
10        credentialing, privileging, disciplinary action, or
11        other recommendations affecting medical staff
12        membership or exercise of clinical privileges, whether
13        relying in whole or in part on internal or external
14        reviews, shall be conducted in accordance with the
15        medical staff bylaws and applicable rules,
16        regulations, or policies of the medical staff. If
17        external review is obtained, any adverse report
18        utilized shall be in writing and shall be made part of
19        the internal peer review process under the bylaws. The
20        report shall also be shared with a medical staff peer
21        review committee and the individual under review. If
22        the medical staff peer review committee or the
23        individual under review prepares a written response to
24        the report of the external peer review within 30 days
25        after receiving such report, the governing board shall
26        consider the response prior to the implementation of



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1        any final actions by the governing board which may
2        affect the individual's medical staff membership or
3        clinical privileges. Any peer review that involves
4        willful or wanton misconduct shall be subject to civil
5        damages as provided for under Section 10.2 of this Act.
6            (D) A statement of the member's right to inspect
7        all pertinent information in the hospital's possession
8        with respect to the decision.
9            (E) A statement of the member's right to present
10        witnesses and other evidence at the hearing on the
11        decision.
12            (E-5) The right to be represented by a personal
13        attorney.
14            (F) A written notice and written explanation of the
15        decision resulting from the hearing.
16            (F-5) A written notice of a final adverse decision
17        by a hospital governing board.
18            (G) Notice given 15 days before implementation of
19        an adverse medical staff membership or clinical
20        privileges decision based substantially on economic
21        factors. This notice shall be given after the medical
22        staff member exhausts all applicable procedures under
23        this Section, including item (iii) of subparagraph (C)
24        of this paragraph (2), and under the medical staff
25        bylaws in order to allow sufficient time for the
26        orderly provision of patient care.



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1            (H) Nothing in this paragraph (2) of this
2        subsection (b) limits a medical staff member's right to
3        waive, in writing, the rights provided in
4        subparagraphs (A) through (G) of this paragraph (2) of
5        this subsection (b) upon being granted the written
6        exclusive right to provide particular services at a
7        hospital, either individually or as a member of a
8        group. If an exclusive contract is signed by a
9        representative of a group of physicians, a waiver
10        contained in the contract shall apply to all members of
11        the group unless stated otherwise in the contract.
12        (3) Every adverse medical staff membership and
13    clinical privilege decision based substantially on
14    economic factors shall be reported to the Hospital
15    Licensing Board before the decision takes effect. These
16    reports shall not be disclosed in any form that reveals the
17    identity of any hospital or physician. These reports shall
18    be utilized to study the effects that hospital medical
19    staff membership and clinical privilege decisions based
20    upon economic factors have on access to care and the
21    availability of physician services. The Hospital Licensing
22    Board shall submit an initial study to the Governor and the
23    General Assembly by January 1, 1996, and subsequent reports
24    shall be submitted periodically thereafter.
25        (4) As used in this Section:
26        "Adverse decision" means a decision reducing,



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1    restricting, suspending, revoking, denying, or not
2    renewing medical staff membership or clinical privileges.
3        "Economic factor" means any information or reasons for
4    decisions unrelated to quality of care or professional
5    competency.
6        "Pre-applicant" means a physician licensed to practice
7    medicine in all its branches who requests an application
8    for medical staff membership or privileges.
9        "Privilege" means permission to provide medical or
10    other patient care services and permission to use hospital
11    resources, including equipment, facilities and personnel
12    that are necessary to effectively provide medical or other
13    patient care services. This definition shall not be
14    construed to require a hospital to acquire additional
15    equipment, facilities, or personnel to accommodate the
16    granting of privileges.
17        (5) Any amendment to medical staff bylaws required
18    because of this amendatory Act of the 91st General Assembly
19    shall be adopted on or before July 1, 2001.
20    (b-5)(1) As used in this subsection:
21    "Mental illness" has the meaning ascribed to that term in
22the Mental Health and Developmental Disabilities Code.
23    "Prescribing psychologist" has the meaning ascribed to
24that term in the Clinical Psychologist Licensing Act.
25    (2) A hospital licensed under this Act or organized under
26the University of Illinois Hospital Act that admits patients



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1for treatment of mental illness may grant to a prescribing
2psychologist who is licensed under the Clinical Psychologist
3Licensing Act an opportunity to obtain medical staff privileges
4to admit, treat, and discharge patients. Each hospital may
5determine whether the applicant's training, experience, and
6demonstrated competence are sufficient to justify the granting
7of medical staff privileges or of limited medical staff
9    (3) If a hospital grants a prescribing psychologist medical
10staff privileges or limited medical staff privileges under
11paragraph (2), the prescribing psychologist or the hospital
12shall, prior to or at the time of hospital admission of a
13patient, identify an appropriate physician with admitting
14privileges at the hospital who shall be responsible for the
15medical evaluation and medical management of the patient for
16the duration of his or her hospitalization.
17    (c) All hospitals shall consult with the medical staff
18prior to closing membership in the entire or any portion of the
19medical staff or a department. If the hospital closes
20membership in the medical staff, any portion of the medical
21staff, or the department over the objections of the medical
22staff, then the hospital shall provide a detailed written
23explanation for the decision to the medical staff 10 days prior
24to the effective date of any closure. No applications need to
25be provided when membership in the medical staff or any
26relevant portion of the medical staff is closed.



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1(Source: P.A. 96-445, eff. 8-14-09; 97-1006, eff. 8-17-12.)
2    Section 5. The Clinical Psychologist Licensing Act is
3amended by changing Sections 4.2, 4.3, 4.5, and 7 as follows:
4    (225 ILCS 15/4.2)
5    (Section scheduled to be repealed on January 1, 2027)
6    Sec. 4.2. Prescribing psychologist license.
7    (a) A psychologist may apply to the Department for a
8prescribing psychologist license. The application shall be
9made on a form approved by the Department, include the payment
10of any required fees, and be accompanied by evidence
11satisfactory to the Department that the applicant:
12        (1) holds a current license to practice clinical
13    psychology in Illinois;
14        (2) has successfully completed the following minimum
15    educational and training requirements either during the
16    doctoral program required for licensure under this Section
17    or in an accredited undergraduate or master level program
18    prior to or subsequent to the doctoral program required
19    under this Section:
20            (A) specific minimum undergraduate biomedical
21        prerequisite coursework, including, but not limited
22        to: Medical Terminology (class or proficiency);
23        Chemistry or Biochemistry with lab (2 semesters);
24        Human Physiology (one semester); Human Anatomy (one



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1        semester); Anatomy and Physiology; Microbiology with
2        lab (one semester); and General Biology for science
3        majors or Cell and Molecular Biology (one semester);
4            (B) a minimum of 60 credit hours of didactic
5        coursework, including, a minimum of 30 psychology
6        doctoral graduate credit hours from a psychology
7        doctoral program accredited by the American
8        Psychological Association and 31 credit hours in a
9        Master of Science degree program from a regionally
10        accredited university adhering to the American
11        Psychological Association's model training curriculum
12        in clinical psychopharmacology. Topics of didactic
13        coursework shall include, but not limited to:
14        Pharmacology; Clinical Psychopharmacology; Clinical
15        Anatomy and Integrated Science; Patient Evaluation;
16        Advanced Physical Assessment; Research Methods;
17        Advanced Pathophysiology; Diagnostic Methods; Problem
18        Based Learning; and Clinical and Procedural Skills. If
19        the psychology doctoral graduate credits are from a
20        psychology doctoral program that is not accredited by
21        the American Psychological Association, the Department
22        may determine in its discretion whether the coursework
23        satisfies the requirements of this subparagraph; and
24            (C) a full-time practicum of 14 months supervised
25        clinical training of at least 36 credit hours,
26        including a research project; during the clinical



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1        rotation phase, students complete rotations in
2        Emergency Medicine, Family Medicine, Geriatrics,
3        Internal Medicine, Obstetrics and Gynecology,
4        Pediatrics, Psychiatrics, Surgery, and one elective of
5        the students' choice; program approval standards
6        addressing faculty qualifications, regular competency
7        evaluation and length of clinical rotations, and
8        instructional settings, including hospitals, hospital
9        outpatient clinics, community mental health clinics,
10        and correctional facilities, in accordance with those
11        of the Accreditation Review Commission on Education
12        for the Physician Assistant shall be set by Department
13        by rule;
14        (3) has completed a National Certifying Exam, as
15    determined by rule; and
16        (4) meets all other requirements for obtaining a
17    prescribing psychologist license, as determined by rule.
18    (a-5) The clinical rotation training required under
19subparagraph (C) of paragraph (2) of subsection (a) shall be
20completed under the administrative supervision of a Director or
21other faculty member of a regionally approved University that
22provides training for the master's degree in clinical
23psychopharmacology. The clinical training must also be
24supervised by the clinical site's designated supervisor which
25may include a hospital administrator, a clinic administrator, a
26prison administrator, a facility clinical training director,



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1or any other staff employee of a healthcare facility who has
2been designated to conduct the clinical supervision of
3prescribing psychology trainees or prescribing psychology
4residents. The clinical rotation training must be housed in a
5healthcare setting, including, but not limited to: a hospital,
6a medical center, a healthcare facility located at a federal or
7State prison, a community mental health center, a medical home
8or Patient or Family Centered Medical Home, a women's medical
9health center, or a Federally Qualified Healthcare Center. The
10clinical rotation training program must meet the standards for:
11(i) physician assistant education as defined by the
12Accreditation Review Commission on Education for the Physician
13Assistant; (ii) advanced practice nurse education as defined by
14the Commission on Collegiate Nursing Education for the Advanced
15Nurse Practitioner or the Accreditation Commission for
16Education in Nursing for the Advanced Nurse Practitioner; or
17(iii) medical education as defined by the Accreditation Council
18for Graduate Medical Education.
19    (b) The Department may issue a prescribing psychologist
20license if it finds that the applicant has met the requirements
21of subsection (a) of this Section.
22    (c) A prescribing psychologist may only prescribe
23medication pursuant to the provisions of this Act if the
24prescribing psychologist:
25        (1) continues to hold a current license to practice
26    psychology in Illinois;



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1        (2) satisfies the continuing education requirements
2    for prescribing psychologists, including 10 hours of
3    continuing education annually in pharmacology from
4    accredited providers; and
5        (3) maintains a written collaborative agreement with a
6    collaborating physician pursuant to Section 4.3 of this
7    Act.
8(Source: P.A. 98-668, eff. 6-25-14.)
9    (225 ILCS 15/4.3)
10    (Section scheduled to be repealed on January 1, 2027)
11    Sec. 4.3. Written collaborative agreements.
12    (a) A written collaborative agreement is required for all
13prescribing psychologists practicing under a prescribing
14psychologist license issued pursuant to Section 4.2 of this
16    (b) A written delegation of prescriptive authority by a
17collaborating physician may only include medications for the
18treatment of mental health disease or illness the collaborating
19physician generally provides to his or her patients in the
20normal course of his or her clinical practice with the
21exception of the following:
22        (1) patients who are less than 17 years of age or over
23    65 years of age;
24        (2) patients during pregnancy;
25        (3) patients with serious medical conditions, such as



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



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1authority may be fined by the Department not more than $50 per
2prescription and the Department may take any other disciplinary
3action provided for in this Act.
4    All prescriptions written by a prescribing psychologist
5must contain the name of the prescribing psychologist and his
6or her signature. The prescribing psychologist shall sign his
7or her own name.
8    (e) The written collaborative agreement shall describe the
9working relationship of the prescribing psychologist with the
10collaborating physician and shall delegate prescriptive
11authority as provided in this Act. Collaboration does not
12require an employment relationship between the collaborating
13physician and prescribing psychologist. Absent an employment
14relationship, an agreement may not restrict third-party
15payment sources accepted by the prescribing psychologist. For
16the purposes of this Section, "collaboration" means the
17relationship between a prescribing psychologist and a
18collaborating physician with respect to the delivery of
19prescribing services in accordance with (1) the prescribing
20psychologist's training, education, and experience and (2)
21collaboration and consultation as documented in a jointly
22developed written collaborative agreement.
23    (f) The agreement shall promote the exercise of
24professional judgment by the prescribing psychologist
25corresponding to his or her education and experience.
26    (g) The collaborative agreement shall not be construed to



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



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1provisions detailing notice for termination or change of status
2involving a written collaborative agreement, except when the
3notice is given for just cause.
4    (j) A copy of the signed written collaborative agreement
5shall be available to the Department upon request to either the
6prescribing psychologist or the collaborating physician.
7    (k) Nothing in this Section shall be construed to limit the
8authority of a prescribing psychologist to perform all duties
9authorized under this Act.
10    (l) A prescribing psychologist shall inform each
11collaborating physician of all collaborative agreements he or
12she has signed and provide a copy of these to any collaborating
14    (m) No collaborating physician shall enter into more than 3
15collaborative agreements with prescribing psychologists.
16(Source: P.A. 98-668, eff. 6-25-14.)
17    (225 ILCS 15/4.5)
18    (Section scheduled to be repealed on January 1, 2027)
19    Sec. 4.5. Endorsement.
20    (a) Individuals who are already licensed as medical or
21prescribing psychologists in another state may apply for an
22Illinois prescribing psychologist license by endorsement from
23that state, or acceptance of that state's examination if one of
24the following apply:
25        (1) They they meet the requirements set forth in this



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1    Act and its rules, including proof of successful completion
2    of the educational, testing, and experience standards.
3    Applicants from other states who qualify for an Illinois
4    prescribing psychologist license by endorsement under this
5    paragraph may not be required to pass the examination
6    required for licensure as a prescribing psychologist in
7    Illinois if they meet requirements set forth in this Act
8    and its rules, such as proof of education, testing, payment
9    of any fees, and experience.
10        (2) They have at least 5 years of experience as a
11    prescribing psychologist in that state or 5 years of
12    experience as a prescribing psychologist at a federal
13    facility, including, but not limited to, a federal prison,
14    an Indian Health Services facility, a facility operated by
15    the United States Department of Veterans Affairs, or a
16    facility operated by the United States Department of
17    Defense Military Health Service. Applicants from other
18    states who qualify for an Illinois prescribing
19    psychologist license by endorsement under this paragraph
20    may not be required to pass the examination required for
21    licensure as a prescribing psychologist in Illinois if they
22    meet the requirements set forth in this paragraph.
23    (b) Individuals who graduated from the Department of
24Defense Psychopharmacology Demonstration Project may apply for
25an Illinois prescribing psychologist license by endorsement.
26Applicants from the Department of Defense Psychopharmacology



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1Demonstration Project may not be required to pass the
2examination required for licensure as a prescribing
3psychologist in Illinois if they meet requirements set forth in
4this Act and its rules, such as proof of education, testing,
5payment of any fees, and experience.
6    (c) Individuals applying for a prescribing psychologist
7license by endorsement shall be required to first obtain a
8clinical psychologist license under this Act.
9(Source: P.A. 98-668, eff. 6-25-14.)
10    (225 ILCS 15/7)  (from Ch. 111, par. 5357)
11    (Section scheduled to be repealed on January 1, 2027)
12    Sec. 7. Board. The Secretary shall appoint a Board that
13shall serve in an advisory capacity to the Secretary.
14    The Board shall consist of 9 11 persons: 4 of whom are
15licensed clinical psychologists and actively engaged in the
16practice of clinical psychology; 2 of whom are licensed
17prescribing psychologists; 2 of whom are physicians licensed to
18practice medicine in all its branches in Illinois who generally
19prescribe medications for the treatment of mental health
20disease or illness in the normal course of clinical medical
21practice, one of whom shall be a psychiatrist and the other a
22primary care or family physician; 2 of whom are licensed
23clinical psychologists and are full time faculty members of
24accredited colleges or universities who are engaged in training
25clinical psychologists; and one of whom is a public member who



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1is not a licensed health care provider. In appointing members
2of the Board, the Secretary shall give due consideration to the
3adequate representation of the various fields of health care
4psychology such as clinical psychology, school psychology and
5counseling psychology. In appointing members of the Board, the
6Secretary shall give due consideration to recommendations by
7members of the profession of clinical psychology and by the
8State-wide organizations representing the interests of
9clinical psychologists and organizations representing the
10interests of academic programs as well as recommendations by
11approved doctoral level psychology programs in the State of
12Illinois, and, with respect to the 2 physician members of the
13Board, the Secretary shall give due consideration to
14recommendations by the Statewide professional associations or
15societies representing physicians licensed to practice
16medicine in all its branches in Illinois. The members shall be
17appointed for a term of 4 years. No member shall be eligible to
18serve for more than 2 full terms. Any appointment to fill a
19vacancy shall be for the unexpired portion of the term. A
20member appointed to fill a vacancy for an unexpired term for a
21duration of 2 years or more may be reappointed for a maximum of
22one term and a member appointed to fill a vacancy for an
23unexpired term for a duration of less than 2 years may be
24reappointed for a maximum of 2 terms. The Secretary may remove
25any member for cause at any time prior to the expiration of his
26or her term.



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1    The 2 initial appointees to the Board who are licensed
2prescribing psychologists may hold a medical or prescription
3license issued by another state so long as the license is
4deemed by the Secretary to be substantially equivalent to a
5prescribing psychologist license under this Act and so long as
6the appointees also maintain an Illinois clinical psychologist
7license. Such initial appointees shall serve on the Board until
8the Department adopts rules necessary to implement licensure
9under Section 4.2 of this Act.
10    The Board shall annually elect a chairperson and vice
12    The members of the Board shall be reimbursed for all
13authorized legitimate and necessary expenses incurred in
14attending the meetings of the Board.
15    The Secretary shall give due consideration to all
16recommendations of the Board.
17    The Board may make recommendations on all matters relating
18to continuing education including the number of hours necessary
19for license renewal, waivers for those unable to meet such
20requirements and acceptable course content. Such
21recommendations shall not impose an undue burden on the
22Department or an unreasonable restriction on those seeking
23license renewal.
24    The 2 licensed prescribing psychologist members of the
25Board and the 2 physician members of the Board shall only
26deliberate and make recommendations related to the licensure



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1and discipline of prescribing psychologists. Four members
2shall constitute a quorum, except that all deliberations and
3recommendations related to the licensure and discipline of
4prescribing psychologists shall require a quorum of 5 6
5members. A quorum is required for all Board decisions.
6    Members of the Board shall have no liability in any action
7based upon any disciplinary proceeding or other activity
8performed in good faith as a member of the Board.
9    The Secretary may terminate the appointment of any member
10for cause which in the opinion of the Secretary reasonably
11justifies such termination.
12(Source: P.A. 98-668, eff. 6-25-14; 99-572, eff. 7-15-16.)
13    Section 10. The Telehealth Act is amended by changing
14Section 5 as follows:
15    (225 ILCS 150/5)
16    Sec. 5. Definitions. As used in this Act:
17    "Health care professional" includes physicians, physician
18assistants, dentists, optometrists, advanced practice
19registered nurses, clinical psychologists licensed in
20Illinois, prescribing psychologists licensed in Illinois,
21dentists, occupational therapists, pharmacists, physical
22therapists, clinical social workers, speech-language
23pathologists, audiologists, hearing instrument dispensers, and
24mental health professionals and clinicians authorized by



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1Illinois law to provide mental health services.
2    "Telehealth" means the evaluation, diagnosis, or
3interpretation of electronically transmitted patient-specific
4data between a remote location and a licensed health care
5professional that generates interaction or treatment
6recommendations. "Telehealth" includes telemedicine and the
7delivery of health care services provided by way of an
8interactive telecommunications system, as defined in
9subsection (a) of Section 356z.22 of the Illinois Insurance
11(Source: P.A. 100-317, eff. 1-1-18; 100-644, eff. 1-1-19;
12100-930, eff. 1-1-19; revised 10-22-18.)
13    Section 15. The Illinois Public Aid Code is amended by
14changing Section 5-5.25 and by by adding Section 5-5.27 as
16    (305 ILCS 5/5-5.25)
17    Sec. 5-5.25. Access to behavioral health and medical
19    (a) The General Assembly finds that providing access to
20behavioral health and medical services in a timely manner will
21improve the quality of life for persons suffering from illness
22and will contain health care costs by avoiding the need for
23more costly inpatient hospitalization.
24    (b) The Department of Healthcare and Family Services shall



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1reimburse psychiatrists, federally qualified health centers as
2defined in Section 1905(l)(2)(B) of the federal Social Security
3Act, clinical psychologists, prescribing psychologists,
4clinical social workers, advanced practice registered nurses
5certified in psychiatric and mental health nursing, and mental
6health professionals and clinicians authorized by Illinois law
7to provide behavioral health services and advanced practice
8registered nurses certified in psychiatric and mental health
9nursing to recipients via telehealth. The Department, by rule,
10shall establish: (i) criteria for such services to be
11reimbursed, including appropriate facilities and equipment to
12be used at both sites and requirements for a physician or other
13licensed health care professional to be present at the site
14where the patient is located; however, the Department shall not
15require that a physician or other licensed health care
16professional be physically present in the same room as the
17patient for the entire time during which the patient is
18receiving telehealth services; and (ii) a method to reimburse
19providers for mental health services provided by telehealth.
20    (c) The Department shall reimburse any Medicaid certified
21eligible facility or provider organization that acts as the
22location of the patient at the time a telehealth service is
23rendered, including substance abuse centers licensed by the
24Department of Human Services' Division of Alcoholism and
25Substance Abuse.
26    (d) On and after July 1, 2012, the Department shall reduce



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1any rate of reimbursement for services or other payments or
2alter any methodologies authorized by this Code to reduce any
3rate of reimbursement for services or other payments in
4accordance with Section 5-5e.
5(Source: P.A. 100-385, eff. 1-1-18; 100-790, eff. 8-10-18;
6100-1019, eff. 1-1-19; revised 10-3-18.)
7    (305 ILCS 5/5-5.27 new)
8    Sec. 5-5.27. Behavioral health services; provider rates.
9Notwithstanding any other law, the Department shall, by rule,
10set rates to be paid for services provided by clinical
11psychologists and prescribing psychologists who are authorized
12to participate in the medical assistance program according to
13the following guidelines:
14        (1) Reimbursement rates for psychiatric diagnostic
15    evaluations provided by prescribing psychologists, with or
16    without medical services, must be equal to the rates at
17    which the Department reimburses psychiatrists for
18    psychiatric diagnostic evaluations with or without medical
19    services.
20        (2) Reimbursement rates for psychiatric diagnostic
21    evaluations provided by clinical psychologists must be
22    commensurate with the time undertaken to conduct such
23    evaluations.
24        (3) Reimbursement rates for neuropsychological exams
25    must be equal to the rates at which the Department



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1    reimburses psychiatric diagnostic evaluations provided by
2    psychiatrists.
3    The rates established by the Department in accordance with
4this Section must be implemented no later than July 1, 2020.
5    Section 99. Effective date. This Act takes effect upon
6becoming law.



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2 Statutes amended in order of appearance
3    210 ILCS 85/10.4from Ch. 111 1/2, par. 151.4
4    225 ILCS 15/4.2
5    225 ILCS 15/4.3
6    225 ILCS 15/4.5
7    225 ILCS 15/7from Ch. 111, par. 5357
8    225 ILCS 150/5
9    305 ILCS 5/5-5.25
10    305 ILCS 5/5-5.27 new