State of Illinois
2017 and 2018


Introduced 2/15/2018, by Sen. Mattie Hunter


225 ILCS 65/65-35.1
225 ILCS 65/65-40  was 225 ILCS 65/15-20

    Amends the Nurse Practice Act. In provisions concerning written collaborative agreements, restores the ability of podiatric physicians to collaborate with advanced practice registered nurses. Makes other changes. Effective immediately.

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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Nurse Practice Act is amended by changing
5Sections 65-35.1 and 65-40 as follows:
6    (225 ILCS 65/65-35.1)
7    (Section scheduled to be repealed on January 1, 2028)
8    Sec. 65-35.1. Written collaborative agreement; temporary
9practice. Any advanced practice registered nurse required to
10enter into a written collaborative agreement with a
11collaborating physician or collaborating podiatrist is
12authorized to continue to practice for up to 90 days after the
13termination of a collaborative agreement provided the advanced
14practice registered nurse seeks any needed collaboration at a
15local hospital and refers patients who require services beyond
16the training and experience of the advanced practice registered
17nurse to a physician or other health care provider.
18(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
19    (225 ILCS 65/65-40)   (was 225 ILCS 65/15-20)
20    (Section scheduled to be repealed on January 1, 2028)
21    Sec. 65-40. Written collaborative agreement; prescriptive



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1    (a) A collaborating physician or podiatric physician may,
2but is not required to, delegate prescriptive authority to an
3advanced practice registered nurse as part of a written
4collaborative agreement. This authority may, but is not
5required to, include prescription of, selection of, orders for,
6administration of, storage of, acceptance of samples of, and
7dispensing over the counter medications, legend drugs, medical
8gases, and controlled substances categorized as any Schedule
9III through V controlled substances, as defined in Article II
10of the Illinois Controlled Substances Act, and other
11preparations, including, but not limited to, botanical and
12herbal remedies. The collaborating physician or podiatric
13physician must have a valid current Illinois controlled
14substance license and federal registration to delegate
15authority to prescribe delegated controlled substances.
16    (b) To prescribe controlled substances under this Section,
17an advanced practice registered nurse must obtain a mid-level
18practitioner controlled substance license. Medication orders
19shall be reviewed periodically by the collaborating physician
20or podiatric physician.
21    (c) The collaborating physician or podiatric physician o
22shall file with the Department and the Prescription Monitoring
23Program notice of delegation of prescriptive authority and
24termination of such delegation, in accordance with rules of the
25Department. Upon receipt of this notice delegating authority to
26prescribe any Schedule III through V controlled substances, the



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1licensed advanced practice registered nurse shall be eligible
2to register for a mid-level practitioner controlled substance
3license under Section 303.05 of the Illinois Controlled
4Substances Act.
5    (d) In addition to the requirements of subsections (a),
6(b), and (c) of this Section, a collaborating physician or
7podiatric physician may, but is not required to, delegate
8authority to an advanced practice registered nurse to prescribe
9any Schedule II controlled substances, if all of the following
10conditions apply:
11        (1) Specific Schedule II controlled substances by oral
12    dosage or topical or transdermal application may be
13    delegated, provided that the delegated Schedule II
14    controlled substances are routinely prescribed by the
15    collaborating physician or podiatric physician. This
16    delegation must identify the specific Schedule II
17    controlled substances by either brand name or generic name.
18    Schedule II controlled substances to be delivered by
19    injection or other route of administration may not be
20    delegated.
21        (2) Any delegation must be controlled substances that
22    the collaborating physician or podiatric physician
23    prescribes.
24        (3) Any prescription must be limited to no more than a
25    30-day supply, with any continuation authorized only after
26    prior approval of the collaborating physician or podiatric



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1    physician.
2        (4) The advanced practice registered nurse must
3    discuss the condition of any patients for whom a controlled
4    substance is prescribed monthly with the delegating
5    physician.
6        (5) The advanced practice registered nurse meets the
7    education requirements of Section 303.05 of the Illinois
8    Controlled Substances Act.
9    (e) Nothing in this Act shall be construed to limit the
10delegation of tasks or duties by a physician to a licensed
11practical nurse, a registered professional nurse, or other
12persons. Nothing in this Act shall be construed to limit the
13method of delegation that may be authorized by any means,
14including, but not limited to, oral, written, electronic,
15standing orders, protocols, guidelines, or verbal orders.
16    (f) Nothing in this Section shall be construed to apply to
17any medication authority including Schedule II controlled
18substances of an advanced practice registered nurse for care
19provided in a hospital, hospital affiliate, or ambulatory
20surgical treatment center pursuant to Section 65-45.
21    (g) (Blank).
22    (h) Nothing in this Section shall be construed to prohibit
23generic substitution.
24    (i) Nothing in this Section shall be construed to apply to
25an advanced practice registered nurse who meets the
26requirements of Section 65-43.



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1(Source: P.A. 100-513, eff. 1-1-18.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.