Illinois General Assembly - Full Text of SB2272
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Full Text of SB2272  102nd General Assembly

SB2272 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2272

 

Introduced 2/26/2021, by Sen. Dave Syverson

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 15/4.2
225 ILCS 15/4.3

    Amends the Clinical Psychologist Licensing Act. In provisions concerning clinical training requirements for a prescribing psychologist license, makes changes to facility requirements for that clinical training. In language providing that 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, deletes an exception for patients who are less than 17 years of age or over 65 years of age. In a provision concerning the delegation of prescriptive authority, removes language providing that no Schedule II controlled substance shall be delegated. Effective immediately.


LRB102 17201 SPS 22657 b

 

 

A BILL FOR

 

SB2272LRB102 17201 SPS 22657 b

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 Clinical Psychologist Licensing Act is
5amended 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7    (Section scheduled to be repealed on January 1, 2027)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
10prescribing psychologist license. The application shall be
11made on a form approved by the Department, include the payment
12of any required fees, and be accompanied by evidence
13satisfactory 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' supervised
16        clinical training, including a research project;
17        during the clinical rotation phase, students complete
18        rotations in Emergency Medicine, Family Medicine,
19        Geriatrics, Internal Medicine, Obstetrics and
20        Gynecology, Pediatrics, Psychiatrics, Surgery, and one
21        elective of the students' choice. The clinical
22        training must take place at a facility with ; program
23        approval standards addressing faculty qualifications,
24        regular competency evaluation and length of clinical
25        rotations, and instructional settings, including, but
26        not limited to, hospitals, medical centers, health

 

 

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1        care facilities located at federal and State prisons,
2        hospital outpatient clinics, community mental health
3        clinics, patient-centered medical homes or
4        family-centered medical homes, women's medical health
5        centers, and Federally Qualified Health Centers; the
6        clinical training must meet the standards for:
7                (i) accreditation from the Accreditation
8            Review Commission on Education for the Physician
9            Assistant, the Commission on Collegiate Nursing
10            Education for the Advanced Nurse Practitioner, the
11            Accreditation Commission for Education in Nursing
12            for the Advanced Nurse Practitioner, or the
13            Accreditation Council for Graduate Medical
14            Education physician assistant education as defined
15            by the Accreditation Review Commission on
16            Education for the Physician Assistant; or
17                (ii) an active Memorandum of Understanding
18            with a program accredited by the Accreditation
19            Review Commission on Education for the Physician
20            Assistant, the Commission on Collegiate Nursing
21            Education for the Advanced Nurse Practitioner, the
22            Accreditation Commission for Education in Nursing
23            for the Advanced Nurse Practitioner, or the
24            Accreditation Council for Graduate Medical
25            Education; advanced practice nurse education as
26            defined by the Commission on Collegiate Nursing

 

 

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1            Education for the Advanced Nurse Practitioner or
2            the Accreditation Commission for Education in
3            Nursing for the Advanced Nurse Practitioner; or
4                (iii) medical education as defined by the
5            Accreditation Council for Graduate Medical
6            Education and shall be set by the Department by
7            rule;
8        The training director at the qualified facility must
9    certify that the training meets either the criteria in (i)
10    or (ii);
11        (3) has completed a National Certifying Exam, as
12    determined by rule; and
13        (4) meets all other requirements for obtaining a
14    prescribing psychologist license, as determined by rule.
15    (b) The Department may issue a prescribing psychologist
16license if it finds that the applicant has met the
17requirements of subsection (a) of this Section.
18    (c) A prescribing psychologist may only prescribe
19medication pursuant to the provisions of this Act if the
20prescribing psychologist:
21        (1) continues to hold a current license to practice
22    psychology in Illinois;
23        (2) satisfies the continuing education requirements
24    for prescribing psychologists, including 10 hours of
25    continuing education annually in pharmacology from
26    accredited providers; and

 

 

SB2272- 5 -LRB102 17201 SPS 22657 b

1        (3) maintains a written collaborative agreement with a
2    collaborating physician pursuant to Section 4.3 of this
3    Act.
4(Source: P.A. 101-84, eff. 7-19-19.)
 
5    (225 ILCS 15/4.3)
6    (Section scheduled to be repealed on January 1, 2027)
7    Sec. 4.3. Written collaborative agreements.
8    (a) A written collaborative agreement is required for all
9prescribing psychologists practicing under a prescribing
10psychologist license issued pursuant to Section 4.2 of this
11Act.
12    (b) A written delegation of prescriptive authority by a
13collaborating physician may only include medications for the
14treatment of mental health disease or illness the
15collaborating physician generally provides to his or her
16patients in the normal course of his or her clinical practice
17with the exception of the following:
18        (1) (blank); patients who are less than 17 years of
19    age or over 65 years of age;
20        (2) patients during pregnancy;
21        (3) patients with serious medical conditions, such as
22    heart disease, cancer, stroke, or seizures, and with
23    developmental disabilities and intellectual disabilities;
24    and
25        (4) prescriptive authority for benzodiazepine Schedule

 

 

SB2272- 6 -LRB102 17201 SPS 22657 b

1    III controlled substances.
2    (c) The collaborating physician shall file with the
3Department notice of delegation of prescriptive authority and
4termination of the delegation, in accordance with rules of the
5Department. Upon receipt of this notice delegating authority
6to prescribe any nonnarcotic Schedule III through V controlled
7substances, the licensed clinical psychologist shall be
8eligible to register for a mid-level practitioner controlled
9substance license under Section 303.05 of the Illinois
10Controlled Substances Act.
11    (d) All of the following shall apply to delegation of
12prescriptive authority:
13        (1) Any delegation of Schedule III through V
14    controlled substances shall identify the specific
15    controlled substance by brand name or generic name. No
16    controlled substance to be delivered by injection may be
17    delegated. No Schedule II controlled substance shall be
18    delegated.
19        (2) A prescribing psychologist shall not prescribe
20    narcotic drugs, as defined in Section 102 of the Illinois
21    Controlled Substances Act.
22    Any prescribing psychologist who writes a prescription for
23a controlled substance without having valid and appropriate
24authority may be fined by the Department not more than $50 per
25prescription and the Department may take any other
26disciplinary action provided for in this Act.

 

 

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1    All prescriptions written by a prescribing psychologist
2must contain the name of the prescribing psychologist and his
3or her signature. The prescribing psychologist shall sign his
4or her own name.
5    (e) The written collaborative agreement shall describe the
6working relationship of the prescribing psychologist with the
7collaborating physician and shall delegate prescriptive
8authority as provided in this Act. Collaboration does not
9require an employment relationship between the collaborating
10physician and prescribing psychologist. Absent an employment
11relationship, an agreement may not restrict third-party
12payment sources accepted by the prescribing psychologist. For
13the purposes of this Section, "collaboration" means the
14relationship between a prescribing psychologist and a
15collaborating physician with respect to the delivery of
16prescribing services in accordance with (1) the prescribing
17psychologist's training, education, and experience and (2)
18collaboration and consultation as documented in a jointly
19developed written collaborative agreement.
20    (f) The agreement shall promote the exercise of
21professional judgment by the prescribing psychologist
22corresponding to his or her education and experience.
23    (g) The collaborative agreement shall not be construed to
24require the personal presence of a physician at the place
25where services are rendered. Methods of communication shall be
26available for consultation with the collaborating physician in

 

 

SB2272- 8 -LRB102 17201 SPS 22657 b

1person or by telecommunications in accordance with established
2written guidelines as set forth in the written agreement.
3    (h) Collaboration and consultation pursuant to all
4collaboration agreements shall be adequate if a collaborating
5physician does each of the following:
6        (1) participates in the joint formulation and joint
7    approval of orders or guidelines with the prescribing
8    psychologist and he or she periodically reviews the
9    prescribing psychologist's orders and the services
10    provided patients under the orders in accordance with
11    accepted standards of medical practice and prescribing
12    psychologist practice;
13        (2) provides collaboration and consultation with the
14    prescribing psychologist in person at least once a month
15    for review of safety and quality clinical care or
16    treatment;
17        (3) is available through telecommunications for
18    consultation on medical problems, complications,
19    emergencies, or patient referral; and
20        (4) reviews medication orders of the prescribing
21    psychologist no less than monthly, including review of
22    laboratory tests and other tests as available.
23    (i) The written collaborative agreement shall contain
24provisions detailing notice for termination or change of
25status involving a written collaborative agreement, except
26when the notice is given for just cause.

 

 

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1    (j) A copy of the signed written collaborative agreement
2shall be available to the Department upon request to either
3the prescribing psychologist or the collaborating physician.
4    (k) Nothing in this Section shall be construed to limit
5the authority of a prescribing psychologist to perform all
6duties authorized under this Act.
7    (l) A prescribing psychologist shall inform each
8collaborating physician of all collaborative agreements he or
9she has signed and provide a copy of these to any collaborating
10physician.
11    (m) No collaborating physician shall enter into more than
123 collaborative agreements with prescribing psychologists.
13(Source: P.A. 101-84, eff. 7-19-19.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.