Bill Text: IL SB1135 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Clinical Psychologist Licensing Act. Requires a psychologist applying for a prescribing psychologist license to have completed a full-time residency (rather than a practicum) of 14 months' supervised clinical training (removing a requirement of at least 36 credit hours). Adds medical centers, health care facilities located at federal and State prisons, patient-centered medical homes or family-centered medical homes, women's medical health centers, and Federally Qualified Health Centers as possible instructional settings for the residency. Adds specified clinical training standards to the residency requirements. In provisions regarding delegation of prescriptive authority, provides that all prescriptions written by a prescribing psychologist must contain the prescribing psychologist's name and signature. Amends the Telehealth Act. Expands the definition of "health care professional" to include prescribing psychologists. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-07-19 - Public Act . . . . . . . . . 101-0084 [SB1135 Detail]

Download: Illinois-2019-SB1135-Chaptered.html



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(Section scheduled to be repealed on January 1, 2027)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.
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