Sen. Don Harmon

Filed: 4/5/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 1135 by replacing
3everything after the enacting clause with the following:
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7    (Section scheduled to be repealed on January 1, 2027)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



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1    educational and training requirements either during the
2    doctoral program required for licensure under this Section
3    or in an accredited undergraduate or master level program
4    prior to or subsequent to the doctoral program required
5    under this Section:
6            (A) specific minimum undergraduate biomedical
7        prerequisite coursework, including, but not limited
8        to: Medical Terminology (class or proficiency);
9        Chemistry or Biochemistry with lab (2 semesters);
10        Human Physiology (one semester); Human Anatomy (one
11        semester); Anatomy and Physiology; Microbiology with
12        lab (one semester); and General Biology for science
13        majors or Cell and Molecular Biology (one semester);
14            (B) a minimum of 60 credit hours of didactic
15        coursework, including, but not limited to:
16        Pharmacology; Clinical Psychopharmacology; Clinical
17        Anatomy and Integrated Science; Patient Evaluation;
18        Advanced Physical Assessment; Research Methods;
19        Advanced Pathophysiology; Diagnostic Methods; Problem
20        Based Learning; and Clinical and Procedural Skills;
21        and
22            (C) a full-time residency practicum of 14 months'
23        months supervised clinical training of at least 36
24        credit hours, including a research project; during the
25        clinical rotation phase, residents students complete
26        rotations in Emergency Medicine, Family Medicine,



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1        Geriatrics, Internal Medicine, Obstetrics and
2        Gynecology, Pediatrics, Psychiatrics, Surgery, and one
3        elective of the residents' students' choice; program
4        approval standards addressing faculty qualifications,
5        regular competency evaluation and length of clinical
6        rotations, and instructional settings, including, but
7        not limited to, hospitals, medical centers, health
8        care facilities located at federal and State prisons,
9        hospital outpatient clinics, community mental health
10        clinics, patient-centered medical homes or
11        family-centered medical homes, women's medical health
12        centers, and Federally Qualified Health Centers; the
13        clinical training must meet the standards for: and
14        correctional facilities, in accordance with those of
15        the Accreditation Review Commission on Education for
16        the Physician Assistant shall be set by Department by
17        rule;
18                (i) physician assistant education as defined
19            by the Accreditation Review Commission on
20            Education for the Physician Assistant;
21                (ii) advanced practice nurse education as
22            defined by the Commission on Collegiate Nursing
23            Education for the Advanced Nurse Practitioner or
24            the Accreditation Commission for Education in
25            Nursing for the Advanced Nurse Practitioner; or
26                (iii) medical education as defined by the



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1            Accreditation Council for Graduate Medical
2            Education and shall be set by the Department by
3            rule;
4        (3) has completed a National Certifying Exam, as
5    determined by rule; and
6        (4) meets all other requirements for obtaining a
7    prescribing psychologist license, as determined by rule.
8    (b) The Department may issue a prescribing psychologist
9license if it finds that the applicant has met the requirements
10of subsection (a) of this Section.
11    (c) A prescribing psychologist may only prescribe
12medication pursuant to the provisions of this Act if the
13prescribing psychologist:
14        (1) continues to hold a current license to practice
15    psychology in Illinois;
16        (2) satisfies the continuing education requirements
17    for prescribing psychologists, including 10 hours of
18    continuing education annually in pharmacology from
19    accredited providers; and
20        (3) maintains a written collaborative agreement with a
21    collaborating physician pursuant to Section 4.3 of this
22    Act.
23(Source: P.A. 98-668, eff. 6-25-14.)
24    (225 ILCS 15/4.3)
25    (Section scheduled to be repealed on January 1, 2027)



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1    Sec. 4.3. Written collaborative agreements.
2    (a) A written collaborative agreement is required for all
3prescribing psychologists practicing under a prescribing
4psychologist license issued pursuant to Section 4.2 of this
6    (b) A written delegation of prescriptive authority by a
7collaborating physician may only include medications for the
8treatment of mental health disease or illness the collaborating
9physician generally provides to his or her patients in the
10normal course of his or her clinical practice with the
11exception of the following:
12        (1) patients who are less than 17 years of age or over
13    65 years of age;
14        (2) patients during pregnancy;
15        (3) patients with serious medical conditions, such as
16    heart disease, cancer, stroke, or seizures, and with
17    developmental disabilities and intellectual disabilities;
18    and
19        (4) prescriptive authority for benzodiazepine Schedule
20    III controlled substances.
21    (c) The collaborating physician shall file with the
22Department notice of delegation of prescriptive authority and
23termination of the delegation, in accordance with rules of the
24Department. Upon receipt of this notice delegating authority to
25prescribe any nonnarcotic Schedule III through V controlled
26substances, the licensed clinical psychologist shall be



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1eligible to register for a mid-level practitioner controlled
2substance license under Section 303.05 of the Illinois
3Controlled Substances Act.
4    (d) All of the following shall apply to delegation of
5prescriptive authority:
6        (1) Any delegation of Schedule III through V controlled
7    substances shall identify the specific controlled
8    substance by brand name or generic name. No controlled
9    substance to be delivered by injection may be delegated. No
10    Schedule II controlled substance shall be delegated.
11        (2) A prescribing psychologist shall not prescribe
12    narcotic drugs, as defined in Section 102 of the Illinois
13    Controlled Substances Act.
14    Any prescribing psychologist who writes a prescription for
15a controlled substance without having valid and appropriate
16authority may be fined by the Department not more than $50 per
17prescription and the Department may take any other disciplinary
18action provided for in this Act.
19    All prescriptions written by a prescribing psychologist
20must contain the name of the prescribing psychologist and his
21or her signature. The prescribing psychologist shall sign his
22or her own name.
23    (e) The written collaborative agreement shall describe the
24working relationship of the prescribing psychologist with the
25collaborating physician and shall delegate prescriptive
26authority as provided in this Act. Collaboration does not



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1require an employment relationship between the collaborating
2physician and prescribing psychologist. Absent an employment
3relationship, an agreement may not restrict third-party
4payment sources accepted by the prescribing psychologist. For
5the purposes of this Section, "collaboration" means the
6relationship between a prescribing psychologist and a
7collaborating physician with respect to the delivery of
8prescribing services in accordance with (1) the prescribing
9psychologist's training, education, and experience and (2)
10collaboration and consultation as documented in a jointly
11developed written collaborative agreement.
12    (f) The agreement shall promote the exercise of
13professional judgment by the prescribing psychologist
14corresponding to his or her education and experience.
15    (g) The collaborative agreement shall not be construed to
16require the personal presence of a physician at the place where
17services are rendered. Methods of communication shall be
18available for consultation with the collaborating physician in
19person or by telecommunications in accordance with established
20written guidelines as set forth in the written agreement.
21    (h) Collaboration and consultation pursuant to all
22collaboration agreements shall be adequate if a collaborating
23physician does each of the following:
24        (1) participates in the joint formulation and joint
25    approval of orders or guidelines with the prescribing
26    psychologist and he or she periodically reviews the



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1    prescribing psychologist's orders and the services
2    provided patients under the orders in accordance with
3    accepted standards of medical practice and prescribing
4    psychologist practice;
5        (2) provides collaboration and consultation with the
6    prescribing psychologist in person at least once a month
7    for review of safety and quality clinical care or
8    treatment;
9        (3) is available through telecommunications for
10    consultation on medical problems, complications,
11    emergencies, or patient referral; and
12        (4) reviews medication orders of the prescribing
13    psychologist no less than monthly, including review of
14    laboratory tests and other tests as available.
15    (i) The written collaborative agreement shall contain
16provisions detailing notice for termination or change of status
17involving a written collaborative agreement, except when the
18notice is given for just cause.
19    (j) A copy of the signed written collaborative agreement
20shall be available to the Department upon request to either the
21prescribing psychologist or the collaborating physician.
22    (k) Nothing in this Section shall be construed to limit the
23authority of a prescribing psychologist to perform all duties
24authorized under this Act.
25    (l) A prescribing psychologist shall inform each
26collaborating physician of all collaborative agreements he or



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1she has signed and provide a copy of these to any collaborating
3    (m) No collaborating physician shall enter into more than 3
4collaborative agreements with prescribing psychologists.
5(Source: P.A. 98-668, eff. 6-25-14.)
6    Section 10. The Telehealth Act is amended by changing
7Section 5 as follows:
8    (225 ILCS 150/5)
9    Sec. 5. Definitions. As used in this Act:
10    "Health care professional" includes physicians, physician
11assistants, dentists, optometrists, advanced practice
12registered nurses, clinical psychologists licensed in
13Illinois, prescribing psychologists licensed in Illinois,
14dentists, occupational therapists, pharmacists, physical
15therapists, clinical social workers, speech-language
16pathologists, audiologists, hearing instrument dispensers, and
17mental health professionals and clinicians authorized by
18Illinois law to provide mental health services.
19    "Telehealth" means the evaluation, diagnosis, or
20interpretation of electronically transmitted patient-specific
21data between a remote location and a licensed health care
22professional that generates interaction or treatment
23recommendations. "Telehealth" includes telemedicine and the
24delivery of health care services provided by way of an



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1interactive telecommunications system, as defined in
2subsection (a) of Section 356z.22 of the Illinois Insurance
4(Source: P.A. 100-317, eff. 1-1-18; 100-644, eff. 1-1-19;
5100-930, eff. 1-1-19; revised 10-22-18.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".