Public Act 101-0084
 
SB1135 EnrolledLRB101 00178 KTG 49641 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Clinical Psychologist Licensing Act is
amended by changing Sections 4.2 and 4.3 as follows:
 
    (225 ILCS 15/4.2)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 4.2. Prescribing psychologist license.
    (a) A psychologist may apply to the Department for a
prescribing psychologist license. The application shall be
made on a form approved by the Department, include the payment
of any required fees, and be accompanied by evidence
satisfactory to the Department that the applicant:
        (1) holds a current license to practice clinical
    psychology in Illinois;
        (2) has successfully completed the following minimum
    educational and training requirements either during the
    doctoral program required for licensure under this Section
    or in an accredited undergraduate or master level program
    prior to or subsequent to the doctoral program required
    under this Section:
            (A) specific minimum undergraduate biomedical
        prerequisite coursework, including, but not limited
        to: Medical Terminology (class or proficiency);
        Chemistry or Biochemistry with lab (2 semesters);
        Human Physiology (one semester); Human Anatomy (one
        semester); Anatomy and Physiology; Microbiology with
        lab (one semester); and General Biology for science
        majors or Cell and Molecular Biology (one semester);
            (B) a minimum of 60 credit hours of didactic
        coursework, including, but not limited to:
        Pharmacology; Clinical Psychopharmacology; Clinical
        Anatomy and Integrated Science; Patient Evaluation;
        Advanced Physical Assessment; Research Methods;
        Advanced Pathophysiology; Diagnostic Methods; Problem
        Based Learning; and Clinical and Procedural Skills;
        and
            (C) a full-time practicum of 14 months' months
        supervised clinical training of at least 36 credit
        hours, including a research project; during the
        clinical rotation phase, students complete rotations
        in Emergency Medicine, Family Medicine, Geriatrics,
        Internal Medicine, Obstetrics and Gynecology,
        Pediatrics, Psychiatrics, Surgery, and one elective of
        the students' choice; program approval standards
        addressing faculty qualifications, regular competency
        evaluation and length of clinical rotations, and
        instructional settings, including, but not limited to,
        hospitals, medical centers, health care facilities
        located at federal and State prisons, hospital
        outpatient clinics, community mental health clinics,
        patient-centered medical homes or family-centered
        medical homes, women's medical health centers, and
        Federally Qualified Health Centers; the clinical
        training must meet the standards for: and correctional
        facilities, in accordance with those of the
        Accreditation Review Commission on Education for the
        Physician Assistant shall be set by Department by rule;
                (i) physician assistant education as defined
            by the Accreditation Review Commission on
            Education for the Physician Assistant;
                (ii) advanced practice nurse education as
            defined by the Commission on Collegiate Nursing
            Education for the Advanced Nurse Practitioner or
            the Accreditation Commission for Education in
            Nursing for the Advanced Nurse Practitioner; or
                (iii) medical education as defined by the
            Accreditation Council for Graduate Medical
            Education and shall be set by the Department by
            rule;
        (3) has completed a National Certifying Exam, as
    determined by rule; and
        (4) meets all other requirements for obtaining a
    prescribing psychologist license, as determined by rule.
    (b) The Department may issue a prescribing psychologist
license if it finds that the applicant has met the requirements
of subsection (a) of this Section.
    (c) A prescribing psychologist may only prescribe
medication pursuant to the provisions of this Act if the
prescribing psychologist:
        (1) continues to hold a current license to practice
    psychology in Illinois;
        (2) satisfies the continuing education requirements
    for prescribing psychologists, including 10 hours of
    continuing education annually in pharmacology from
    accredited providers; and
        (3) maintains a written collaborative agreement with a
    collaborating physician pursuant to Section 4.3 of this
    Act.
(Source: P.A. 98-668, eff. 6-25-14.)
 
    (225 ILCS 15/4.3)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 4.3. 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
Act.
    (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:
        (1) 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
    developmental disabilities and intellectual disabilities;
    and
        (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
prescriptive authority:
        (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
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
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
    psychologist practice;
        (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
    treatment;
        (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
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
physician.
    (m) No collaborating physician shall enter into more than 3
collaborative agreements with prescribing psychologists.
(Source: P.A. 98-668, eff. 6-25-14.)
 
    Section 10. The Telehealth Act is amended by changing
Section 5 as follows:
 
    (225 ILCS 150/5)
    Sec. 5. Definitions. As used in this Act:
    "Health care professional" includes physicians, physician
assistants, dentists, optometrists, advanced practice
registered nurses, clinical psychologists licensed in
Illinois, prescribing psychologists licensed in Illinois,
dentists, occupational therapists, pharmacists, physical
therapists, clinical social workers, speech-language
pathologists, audiologists, hearing instrument dispensers, and
mental health professionals and clinicians authorized by
Illinois law to provide mental health services.
    "Telehealth" means the evaluation, diagnosis, or
interpretation of electronically transmitted patient-specific
data between a remote location and a licensed health care
professional that generates interaction or treatment
recommendations. "Telehealth" includes telemedicine and the
delivery of health care services provided by way of an
interactive telecommunications system, as defined in
subsection (a) of Section 356z.22 of the Illinois Insurance
Code.
(Source: P.A. 100-317, eff. 1-1-18; 100-644, eff. 1-1-19;
100-930, eff. 1-1-19; revised 10-22-18.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.