TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1300 NURSE PRACTICE ACT
SECTION 1300.430 PRESCRIPTIVE AUTHORITY


 

Section 1300.430  Prescriptive Authority

 

a)         A collaborating physician or podiatric physician who delegates prescriptive authority to an advanced practice nurse shall include that delegation in the written collaborative agreement. This authority may include prescription of, selection of, orders for, administration of, storage of, acceptance of samples of, and dispensing over the counter medications, legend drugs, medical gases, and controlled substances categorized as any Schedule III through V controlled substances, as defined in Article II of the Illinois Controlled Substances Act, and other preparations, including, but not limited to, botanical and herbal remedies. The collaborating physician or podiatric physician must have a valid current Illinois controlled substance license and federal registration to delegate authority to prescribe delegated controlled substances.

 

b)         Pursuant to Section 65-40(d) of the Act, a collaborating physician may, but is not required to, delegate authority to an advanced practice nurse to prescribe any Schedule II controlled substances by oral dosage or topical or transdermal application if all the following conditions apply:

 

1)         The delegated Schedule II controlled substance is specifically identified by either brand name or generic name. For the purposes of this Section generic substitution pursuant to Section 25 of the Pharmacy Practice Act shall be allowed under this Section when not prohibited by a prescriber's indication on the prescription that the pharmacist "may not substitute".

 

2)         The delegated Schedule II controlled substances are routinely prescribed by the collaborating physician or podiatric physician.

 

3)         Any prescription must be limited to no more than a 30-day supply, with any continuation authorized only after prior approval of the collaborating physician or podiatric physician.

 

4)         The advanced practice nurse must discuss the condition of any patients for whom a controlled substance is prescribed monthly with the delegating physician or podiatric physician.

 

5)         The advanced practice nurse meets the education requirements of Section 303.05 of the Illinois Controlled Substances Act [720 ILCS 570].

 

c)         An APN who has been given controlled substances prescriptive authority shall be required to obtain an Illinois mid-level practitioner controlled substances license in accordance with 77 Ill. Adm. Code 3100.  The physician or podiatric physician shall file a notice of delegation of prescriptive authority with the Division.  The delegation of authority form shall be submitted to the Division prior to the issuance of a controlled substance license.

 

d)         The APN may only prescribe and dispense controlled substances that the collaborating physician or podiatric physician prescribes.  Licensed dentists may not delegate prescriptive authority.

 

e)         All prescriptions written and signed by an advanced practice nurse shall indicate the name of the collaborating physician or podiatric physician.  The collaborating physician's or podiatric physician's signature is not required.  The APN nurse shall sign his/her own name.

 

f)         An APN may receive and dispense samples per the collaborative agreement.

 

g)         Medication orders shall be reviewed periodically by the collaborating physician or podiatric physician.

 

(Source:  Amended at 39 Ill. Reg. 15764, effective November 24, 2015)