Full Text of SB1135 101st General Assembly
SB1135eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Clinical Psychologist Licensing Act is | 5 | | amended by changing Sections 4.2 and 4.3 as follows: | 6 | | (225 ILCS 15/4.2) | 7 | | (Section scheduled to be repealed on January 1, 2027) | 8 | | Sec. 4.2.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 | 10 | | prescribing psychologist license. The application shall be | 11 | | made on a form approved by the Department, include the payment | 12 | | of any required fees, and be accompanied by evidence | 13 | | satisfactory 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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| 1 | | license if it finds that the applicant has met the requirements | 2 | | of subsection (a) of this Section. | 3 | | (c) A prescribing psychologist may only prescribe | 4 | | medication pursuant to the provisions of this Act if the | 5 | | prescribing 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 | 20 | | prescribing psychologists practicing under a prescribing | 21 | | psychologist license issued pursuant to Section 4.2 of this | 22 | | Act. | 23 | | (b) A written delegation of prescriptive authority by a | 24 | | collaborating physician may only include medications for the | 25 | | treatment of mental health disease or illness the collaborating |
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| 1 | | physician generally provides to his or her patients in the | 2 | | normal course of his or her clinical practice with the | 3 | | exception 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 | 14 | | Department notice of delegation of prescriptive authority and | 15 | | termination of the delegation, in accordance with rules of the | 16 | | Department. Upon receipt of this notice delegating authority to | 17 | | prescribe any nonnarcotic Schedule III through V controlled | 18 | | substances, the licensed clinical psychologist shall be | 19 | | eligible to register for a mid-level practitioner controlled | 20 | | substance license under Section 303.05 of the Illinois | 21 | | Controlled Substances Act. | 22 | | (d) All of the following shall apply to delegation of | 23 | | prescriptive 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 | 7 | | a controlled substance without having valid and appropriate | 8 | | authority may be fined by the Department not more than $50 per | 9 | | prescription and the Department may take any other disciplinary | 10 | | action provided for in this Act. | 11 | | All prescriptions written by a prescribing psychologist | 12 | | must contain the name of the prescribing psychologist and his | 13 | | or her signature. The prescribing psychologist shall sign his | 14 | | or her own name. | 15 | | (e) The written collaborative agreement shall describe the | 16 | | working relationship of the prescribing psychologist with the | 17 | | collaborating physician and shall delegate prescriptive | 18 | | authority as provided in this Act. Collaboration does not | 19 | | require an employment relationship between the collaborating | 20 | | physician and prescribing psychologist. Absent an employment | 21 | | relationship, an agreement may not restrict third-party | 22 | | payment sources accepted by the prescribing psychologist. For | 23 | | the purposes of this Section, "collaboration" means the | 24 | | relationship between a prescribing psychologist and a | 25 | | collaborating physician with respect to the delivery of | 26 | | prescribing services in accordance with (1) the prescribing |
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| 1 | | psychologist's training, education, and experience and (2) | 2 | | collaboration and consultation as documented in a jointly | 3 | | developed written collaborative agreement. | 4 | | (f) The agreement shall promote the exercise of | 5 | | professional judgment by the prescribing psychologist | 6 | | corresponding to his or her education and experience. | 7 | | (g) The collaborative agreement shall not be construed to | 8 | | require the personal presence of a physician at the place where | 9 | | services are rendered. Methods of communication shall be | 10 | | available for consultation with the collaborating physician in | 11 | | person or by telecommunications in accordance with established | 12 | | written guidelines as set forth in the written agreement. | 13 | | (h) Collaboration and consultation pursuant to all | 14 | | collaboration agreements shall be adequate if a collaborating | 15 | | physician 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 | 8 | | provisions detailing notice for termination or change of status | 9 | | involving a written collaborative agreement, except when the | 10 | | notice is given for just cause. | 11 | | (j) A copy of the signed written collaborative agreement | 12 | | shall be available to the Department upon request to either the | 13 | | prescribing psychologist or the collaborating physician. | 14 | | (k) Nothing in this Section shall be construed to limit the | 15 | | authority of a prescribing psychologist to perform all duties | 16 | | authorized under this Act. | 17 | | (l) A prescribing psychologist shall inform each | 18 | | collaborating physician of all collaborative agreements he or | 19 | | she has signed and provide a copy of these to any collaborating | 20 | | physician. | 21 | | (m) No collaborating physician shall enter into more than 3 | 22 | | collaborative agreements with prescribing psychologists.
| 23 | | (Source: P.A. 98-668, eff. 6-25-14 .) | 24 | | Section 10. The Telehealth Act is amended by changing | 25 | | Section 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 | 4 | | assistants, dentists, optometrists, advanced practice | 5 | | registered nurses, clinical psychologists licensed in | 6 | | Illinois, prescribing psychologists licensed in Illinois, | 7 | | dentists, occupational therapists, pharmacists, physical | 8 | | therapists, clinical social workers, speech-language | 9 | | pathologists, audiologists, hearing instrument dispensers, and | 10 | | mental health professionals and clinicians authorized by | 11 | | Illinois law to provide mental health services.
| 12 | | "Telehealth" means the evaluation, diagnosis, or | 13 | | interpretation of electronically transmitted patient-specific | 14 | | data between a remote location and a licensed health care | 15 | | professional that generates interaction or treatment | 16 | | recommendations. "Telehealth" includes telemedicine and the | 17 | | delivery of health care services provided by way of an | 18 | | interactive telecommunications system, as defined in | 19 | | subsection (a) of Section 356z.22 of the Illinois Insurance | 20 | | Code.
| 21 | | (Source: P.A. 100-317, eff. 1-1-18; 100-644, eff. 1-1-19; | 22 | | 100-930, eff. 1-1-19; revised 10-22-18.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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