Illinois General Assembly - Full Text of SB1135
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Full Text of SB1135  101st General Assembly

SB1135enr 101ST GENERAL ASSEMBLY

  
  
  

 


 
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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 Sections 4.2 and 4.3 as follows:
 
6    (225 ILCS 15/4.2)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 4.2. Prescribing psychologist license.
9    (a) A psychologist may apply to the Department for a
10prescribing psychologist license. The application shall be
11made on a form approved by the Department, include the payment
12of any required fees, and be accompanied by evidence
13satisfactory to the Department that the applicant:
14        (1) holds a current license to practice clinical
15    psychology in Illinois;
16        (2) has successfully completed the following minimum
17    educational and training requirements either during the
18    doctoral program required for licensure under this Section
19    or in an accredited undergraduate or master level program
20    prior to or subsequent to the doctoral program required
21    under this Section:
22            (A) specific minimum undergraduate biomedical
23        prerequisite coursework, including, but not limited

 

 

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1        to: Medical Terminology (class or proficiency);
2        Chemistry or Biochemistry with lab (2 semesters);
3        Human Physiology (one semester); Human Anatomy (one
4        semester); Anatomy and Physiology; Microbiology with
5        lab (one semester); and General Biology for science
6        majors or Cell and Molecular Biology (one semester);
7            (B) a minimum of 60 credit hours of didactic
8        coursework, including, but not limited to:
9        Pharmacology; Clinical Psychopharmacology; Clinical
10        Anatomy and Integrated Science; Patient Evaluation;
11        Advanced Physical Assessment; Research Methods;
12        Advanced Pathophysiology; Diagnostic Methods; Problem
13        Based Learning; and Clinical and Procedural Skills;
14        and
15            (C) a full-time practicum of 14 months' months
16        supervised clinical training of at least 36 credit
17        hours, including a research project; during the
18        clinical rotation phase, students complete rotations
19        in Emergency Medicine, Family Medicine, Geriatrics,
20        Internal Medicine, Obstetrics and Gynecology,
21        Pediatrics, Psychiatrics, Surgery, and one elective of
22        the students' choice; program approval standards
23        addressing faculty qualifications, regular competency
24        evaluation and length of clinical rotations, and
25        instructional settings, including, but not limited to,
26        hospitals, medical centers, health care facilities

 

 

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1        located at federal and State prisons, hospital
2        outpatient clinics, community mental health clinics,
3        patient-centered medical homes or family-centered
4        medical homes, women's medical health centers, and
5        Federally Qualified Health Centers; the clinical
6        training must meet the standards for: and correctional
7        facilities, in accordance with those of the
8        Accreditation Review Commission on Education for the
9        Physician Assistant shall be set by Department by rule;
10                (i) physician assistant education as defined
11            by the Accreditation Review Commission on
12            Education for the Physician Assistant;
13                (ii) advanced practice nurse education as
14            defined by the Commission on Collegiate Nursing
15            Education for the Advanced Nurse Practitioner or
16            the Accreditation Commission for Education in
17            Nursing for the Advanced Nurse Practitioner; or
18                (iii) medical education as defined by the
19            Accreditation Council for Graduate Medical
20            Education and shall be set by the Department by
21            rule;
22        (3) has completed a National Certifying Exam, as
23    determined by rule; and
24        (4) meets all other requirements for obtaining a
25    prescribing psychologist license, as determined by rule.
26    (b) The Department may issue a prescribing psychologist

 

 

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1license if it finds that the applicant has met the requirements
2of subsection (a) of this Section.
3    (c) A prescribing psychologist may only prescribe
4medication pursuant to the provisions of this Act if the
5prescribing psychologist:
6        (1) continues to hold a current license to practice
7    psychology in Illinois;
8        (2) satisfies the continuing education requirements
9    for prescribing psychologists, including 10 hours of
10    continuing education annually in pharmacology from
11    accredited providers; and
12        (3) maintains a written collaborative agreement with a
13    collaborating physician pursuant to Section 4.3 of this
14    Act.
15(Source: P.A. 98-668, eff. 6-25-14.)
 
16    (225 ILCS 15/4.3)
17    (Section scheduled to be repealed on January 1, 2027)
18    Sec. 4.3. Written collaborative agreements.
19    (a) A written collaborative agreement is required for all
20prescribing psychologists practicing under a prescribing
21psychologist license issued pursuant to Section 4.2 of this
22Act.
23    (b) A written delegation of prescriptive authority by a
24collaborating physician may only include medications for the
25treatment of mental health disease or illness the collaborating

 

 

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1physician generally provides to his or her patients in the
2normal course of his or her clinical practice with the
3exception of the following:
4        (1) patients who are less than 17 years of age or over
5    65 years of age;
6        (2) patients during pregnancy;
7        (3) patients with serious medical conditions, such as
8    heart disease, cancer, stroke, or seizures, and with
9    developmental disabilities and intellectual disabilities;
10    and
11        (4) prescriptive authority for benzodiazepine Schedule
12    III controlled substances.
13    (c) The collaborating physician shall file with the
14Department notice of delegation of prescriptive authority and
15termination of the delegation, in accordance with rules of the
16Department. Upon receipt of this notice delegating authority to
17prescribe any nonnarcotic Schedule III through V controlled
18substances, the licensed clinical psychologist shall be
19eligible to register for a mid-level practitioner controlled
20substance license under Section 303.05 of the Illinois
21Controlled Substances Act.
22    (d) All of the following shall apply to delegation of
23prescriptive authority:
24        (1) Any delegation of Schedule III through V controlled
25    substances shall identify the specific controlled
26    substance by brand name or generic name. No controlled

 

 

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1    substance to be delivered by injection may be delegated. No
2    Schedule II controlled substance shall be delegated.
3        (2) A prescribing psychologist shall not prescribe
4    narcotic drugs, as defined in Section 102 of the Illinois
5    Controlled Substances Act.
6    Any prescribing psychologist who writes a prescription for
7a controlled substance without having valid and appropriate
8authority may be fined by the Department not more than $50 per
9prescription and the Department may take any other disciplinary
10action provided for in this Act.
11    All prescriptions written by a prescribing psychologist
12must contain the name of the prescribing psychologist and his
13or her signature. The prescribing psychologist shall sign his
14or her own name.
15    (e) The written collaborative agreement shall describe the
16working relationship of the prescribing psychologist with the
17collaborating physician and shall delegate prescriptive
18authority as provided in this Act. Collaboration does not
19require an employment relationship between the collaborating
20physician and prescribing psychologist. Absent an employment
21relationship, an agreement may not restrict third-party
22payment sources accepted by the prescribing psychologist. For
23the purposes of this Section, "collaboration" means the
24relationship between a prescribing psychologist and a
25collaborating physician with respect to the delivery of
26prescribing services in accordance with (1) the prescribing

 

 

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1psychologist's training, education, and experience and (2)
2collaboration and consultation as documented in a jointly
3developed written collaborative agreement.
4    (f) The agreement shall promote the exercise of
5professional judgment by the prescribing psychologist
6corresponding to his or her education and experience.
7    (g) The collaborative agreement shall not be construed to
8require the personal presence of a physician at the place where
9services are rendered. Methods of communication shall be
10available for consultation with the collaborating physician in
11person or by telecommunications in accordance with established
12written guidelines as set forth in the written agreement.
13    (h) Collaboration and consultation pursuant to all
14collaboration agreements shall be adequate if a collaborating
15physician does each of the following:
16        (1) participates in the joint formulation and joint
17    approval of orders or guidelines with the prescribing
18    psychologist and he or she periodically reviews the
19    prescribing psychologist's orders and the services
20    provided patients under the orders in accordance with
21    accepted standards of medical practice and prescribing
22    psychologist practice;
23        (2) provides collaboration and consultation with the
24    prescribing psychologist in person at least once a month
25    for review of safety and quality clinical care or
26    treatment;

 

 

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1        (3) is available through telecommunications for
2    consultation on medical problems, complications,
3    emergencies, or patient referral; and
4        (4) reviews medication orders of the prescribing
5    psychologist no less than monthly, including review of
6    laboratory tests and other tests as available.
7    (i) The written collaborative agreement shall contain
8provisions detailing notice for termination or change of status
9involving a written collaborative agreement, except when the
10notice is given for just cause.
11    (j) A copy of the signed written collaborative agreement
12shall be available to the Department upon request to either the
13prescribing psychologist or the collaborating physician.
14    (k) Nothing in this Section shall be construed to limit the
15authority of a prescribing psychologist to perform all duties
16authorized under this Act.
17    (l) A prescribing psychologist shall inform each
18collaborating physician of all collaborative agreements he or
19she has signed and provide a copy of these to any collaborating
20physician.
21    (m) No collaborating physician shall enter into more than 3
22collaborative agreements with prescribing psychologists.
23(Source: P.A. 98-668, eff. 6-25-14.)
 
24    Section 10. The Telehealth Act is amended by changing
25Section 5 as follows:
 

 

 

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1    (225 ILCS 150/5)
2    Sec. 5. Definitions. As used in this Act:
3    "Health care professional" includes physicians, physician
4assistants, dentists, optometrists, advanced practice
5registered nurses, clinical psychologists licensed in
6Illinois, prescribing psychologists licensed in Illinois,
7dentists, occupational therapists, pharmacists, physical
8therapists, clinical social workers, speech-language
9pathologists, audiologists, hearing instrument dispensers, and
10mental health professionals and clinicians authorized by
11Illinois law to provide mental health services.
12    "Telehealth" means the evaluation, diagnosis, or
13interpretation of electronically transmitted patient-specific
14data between a remote location and a licensed health care
15professional that generates interaction or treatment
16recommendations. "Telehealth" includes telemedicine and the
17delivery of health care services provided by way of an
18interactive telecommunications system, as defined in
19subsection (a) of Section 356z.22 of the Illinois Insurance
20Code.
21(Source: P.A. 100-317, eff. 1-1-18; 100-644, eff. 1-1-19;
22100-930, eff. 1-1-19; revised 10-22-18.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.