Full Text of SB1135 101st General Assembly
SB1135sam001 101ST GENERAL ASSEMBLY | Sen. Don Harmon Filed: 4/5/2019
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| 1 | | AMENDMENT TO SENATE BILL 1135
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1135 by replacing | 3 | | everything after the enacting clause with the following:
| 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| 5 | | amended by changing Sections 4.2 and 4.3 as follows: | 6 | | (225 ILCS 15/4.2) | 7 | | (Section scheduled to be repealed on January 1, 2027) | 8 | | Sec. 4.2.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 |
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| 1 | | educational and training requirements either during the | 2 | | doctoral program required for licensure under this Section | 3 | | or in an accredited undergraduate or master level program | 4 | | prior to or subsequent to the doctoral program required | 5 | | under this Section: | 6 | | (A) specific minimum undergraduate biomedical | 7 | | prerequisite coursework, including, but not limited | 8 | | to: Medical Terminology (class or proficiency); | 9 | | Chemistry or Biochemistry with lab (2 semesters); | 10 | | Human Physiology (one semester); Human Anatomy (one | 11 | | semester); Anatomy and Physiology; Microbiology with | 12 | | lab (one semester); and General Biology for science | 13 | | majors or Cell and Molecular Biology (one semester); | 14 | | (B) a minimum of 60 credit hours of didactic | 15 | | coursework, including, but not limited to: | 16 | | Pharmacology; Clinical Psychopharmacology; Clinical | 17 | | Anatomy and Integrated Science; Patient Evaluation; | 18 | | Advanced Physical Assessment; Research Methods; | 19 | | Advanced Pathophysiology; Diagnostic Methods; Problem | 20 | | Based Learning; and Clinical and Procedural Skills; | 21 | | and | 22 | | (C) a full-time residency practicum of 14 months' | 23 | | months supervised clinical training of at least 36 | 24 | | credit hours , including a research project; during the | 25 | | clinical rotation phase, residents students complete | 26 | | rotations in Emergency Medicine, Family Medicine, |
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| 1 | | Geriatrics, Internal Medicine, Obstetrics and | 2 | | Gynecology, Pediatrics, Psychiatrics, Surgery, and one | 3 | | elective of the residents' students' choice; program | 4 | | approval standards addressing faculty qualifications, | 5 | | regular competency evaluation and length of clinical | 6 | | rotations, and instructional settings, including , but | 7 | | not limited to, hospitals, medical centers, health | 8 | | care facilities located at federal and State prisons, | 9 | | hospital outpatient clinics, community mental health | 10 | | clinics, patient-centered medical homes or | 11 | | family-centered medical homes, women's medical health | 12 | | centers, and Federally Qualified Health Centers; the | 13 | | clinical training must meet the standards for: and | 14 | | correctional facilities, in accordance with those of | 15 | | the Accreditation Review Commission on Education for | 16 | | the Physician Assistant shall be set by Department by | 17 | | rule; | 18 | | (i) physician assistant education as defined | 19 | | by the Accreditation Review Commission on | 20 | | Education for the Physician Assistant; | 21 | | (ii) advanced practice nurse education as | 22 | | defined by the Commission on Collegiate Nursing | 23 | | Education for the Advanced Nurse Practitioner or | 24 | | the Accreditation Commission for Education in | 25 | | Nursing for the Advanced Nurse Practitioner; or | 26 | | (iii) medical education as defined by the |
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| 1 | | Accreditation Council for Graduate Medical | 2 | | Education and shall be set by the Department by | 3 | | rule; | 4 | | (3) has completed a National Certifying Exam, as | 5 | | determined by rule; and | 6 | | (4) meets all other requirements for obtaining a | 7 | | prescribing psychologist license, as determined by rule. | 8 | | (b) The Department may issue a prescribing psychologist | 9 | | license if it finds that the applicant has met the requirements | 10 | | of subsection (a) of this Section. | 11 | | (c) A prescribing psychologist may only prescribe | 12 | | medication pursuant to the provisions of this Act if the | 13 | | prescribing psychologist: | 14 | | (1) continues to hold a current license to practice | 15 | | psychology in Illinois; | 16 | | (2) satisfies the continuing education requirements | 17 | | for prescribing psychologists, including 10 hours of | 18 | | continuing education annually in pharmacology from | 19 | | accredited providers; and | 20 | | (3) maintains a written collaborative agreement with a | 21 | | collaborating physician pursuant to Section 4.3 of this | 22 | | Act.
| 23 | | (Source: P.A. 98-668, eff. 6-25-14 .) | 24 | | (225 ILCS 15/4.3) | 25 | | (Section scheduled to be repealed on January 1, 2027) |
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| 1 | | Sec. 4.3. Written collaborative agreements. | 2 | | (a) A written collaborative agreement is required for all | 3 | | prescribing psychologists practicing under a prescribing | 4 | | psychologist license issued pursuant to Section 4.2 of this | 5 | | Act. | 6 | | (b) A written delegation of prescriptive authority by a | 7 | | collaborating physician may only include medications for the | 8 | | treatment of mental health disease or illness the collaborating | 9 | | physician generally provides to his or her patients in the | 10 | | normal course of his or her clinical practice with the | 11 | | exception of the following: | 12 | | (1) patients who are less than 17 years of age or over | 13 | | 65 years of age; | 14 | | (2) patients during pregnancy; | 15 | | (3) patients with serious medical conditions, such as | 16 | | heart disease, cancer, stroke, or seizures, and with | 17 | | developmental disabilities and intellectual disabilities; | 18 | | and | 19 | | (4) prescriptive authority for benzodiazepine Schedule | 20 | | III controlled substances. | 21 | | (c) The collaborating physician shall file with the | 22 | | Department notice of delegation of prescriptive authority and | 23 | | termination of the delegation, in accordance with rules of the | 24 | | Department. Upon receipt of this notice delegating authority to | 25 | | prescribe any nonnarcotic Schedule III through V controlled | 26 | | substances, the licensed clinical psychologist shall be |
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| 1 | | eligible to register for a mid-level practitioner controlled | 2 | | substance license under Section 303.05 of the Illinois | 3 | | Controlled Substances Act. | 4 | | (d) All of the following shall apply to delegation of | 5 | | prescriptive authority: | 6 | | (1) Any delegation of Schedule III through V controlled | 7 | | substances shall identify the specific controlled | 8 | | substance by brand name or generic name. No controlled | 9 | | substance to be delivered by injection may be delegated. No | 10 | | Schedule II controlled substance shall be delegated. | 11 | | (2) A prescribing psychologist shall not prescribe | 12 | | narcotic drugs, as defined in Section 102 of the Illinois | 13 | | Controlled Substances Act. | 14 | | Any prescribing psychologist who writes a prescription for | 15 | | a controlled substance without having valid and appropriate | 16 | | authority may be fined by the Department not more than $50 per | 17 | | prescription and the Department may take any other disciplinary | 18 | | action provided for in this Act. | 19 | | All prescriptions written by a prescribing psychologist | 20 | | must contain the name of the prescribing psychologist and his | 21 | | or her signature. The prescribing psychologist shall sign his | 22 | | or her own name. | 23 | | (e) The written collaborative agreement shall describe the | 24 | | working relationship of the prescribing psychologist with the | 25 | | collaborating physician and shall delegate prescriptive | 26 | | authority as provided in this Act. Collaboration does not |
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| 1 | | require an employment relationship between the collaborating | 2 | | physician and prescribing psychologist. Absent an employment | 3 | | relationship, an agreement may not restrict third-party | 4 | | payment sources accepted by the prescribing psychologist. For | 5 | | the purposes of this Section, "collaboration" means the | 6 | | relationship between a prescribing psychologist and a | 7 | | collaborating physician with respect to the delivery of | 8 | | prescribing services in accordance with (1) the prescribing | 9 | | psychologist's training, education, and experience and (2) | 10 | | collaboration and consultation as documented in a jointly | 11 | | developed written collaborative agreement. | 12 | | (f) The agreement shall promote the exercise of | 13 | | professional judgment by the prescribing psychologist | 14 | | corresponding to his or her education and experience. | 15 | | (g) The collaborative agreement shall not be construed to | 16 | | require the personal presence of a physician at the place where | 17 | | services are rendered. Methods of communication shall be | 18 | | available for consultation with the collaborating physician in | 19 | | person or by telecommunications in accordance with established | 20 | | written guidelines as set forth in the written agreement. | 21 | | (h) Collaboration and consultation pursuant to all | 22 | | collaboration agreements shall be adequate if a collaborating | 23 | | physician does each of the following: | 24 | | (1) participates in the joint formulation and joint | 25 | | approval of orders or guidelines with the prescribing | 26 | | psychologist and he or she periodically reviews the |
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| 1 | | prescribing psychologist's orders and the services | 2 | | provided patients under the orders in accordance with | 3 | | accepted standards of medical practice and prescribing | 4 | | psychologist practice; | 5 | | (2) provides collaboration and consultation with the | 6 | | prescribing psychologist in person at least once a month | 7 | | for review of safety and quality clinical care or | 8 | | treatment; | 9 | | (3) is available through telecommunications for | 10 | | consultation on medical problems, complications, | 11 | | emergencies, or patient referral; and | 12 | | (4) reviews medication orders of the prescribing | 13 | | psychologist no less than monthly, including review of | 14 | | laboratory tests and other tests as available. | 15 | | (i) The written collaborative agreement shall contain | 16 | | provisions detailing notice for termination or change of status | 17 | | involving a written collaborative agreement, except when the | 18 | | notice is given for just cause. | 19 | | (j) A copy of the signed written collaborative agreement | 20 | | shall be available to the Department upon request to either the | 21 | | prescribing psychologist or the collaborating physician. | 22 | | (k) Nothing in this Section shall be construed to limit the | 23 | | authority of a prescribing psychologist to perform all duties | 24 | | authorized under this Act. | 25 | | (l) A prescribing psychologist shall inform each | 26 | | collaborating physician of all collaborative agreements he or |
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| 1 | | she has signed and provide a copy of these to any collaborating | 2 | | physician. | 3 | | (m) No collaborating physician shall enter into more than 3 | 4 | | collaborative agreements with prescribing psychologists.
| 5 | | (Source: P.A. 98-668, eff. 6-25-14 .) | 6 | | Section 10. The Telehealth Act is amended by changing | 7 | | Section 5 as follows: | 8 | | (225 ILCS 150/5)
| 9 | | Sec. 5. Definitions. As used in this Act: | 10 | | "Health care professional" includes physicians, physician | 11 | | assistants, dentists, optometrists, advanced practice | 12 | | registered nurses, clinical psychologists licensed in | 13 | | Illinois, prescribing psychologists licensed in Illinois, | 14 | | dentists, occupational therapists, pharmacists, physical | 15 | | therapists, clinical social workers, speech-language | 16 | | pathologists, audiologists, hearing instrument dispensers, and | 17 | | mental health professionals and clinicians authorized by | 18 | | Illinois law to provide mental health services.
| 19 | | "Telehealth" means the evaluation, diagnosis, or | 20 | | interpretation of electronically transmitted patient-specific | 21 | | data between a remote location and a licensed health care | 22 | | professional that generates interaction or treatment | 23 | | recommendations. "Telehealth" includes telemedicine and the | 24 | | delivery of health care services provided by way of an |
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| 1 | | interactive telecommunications system, as defined in | 2 | | subsection (a) of Section 356z.22 of the Illinois Insurance | 3 | | Code.
| 4 | | (Source: P.A. 100-317, eff. 1-1-18; 100-644, eff. 1-1-19; | 5 | | 100-930, eff. 1-1-19; revised 10-22-18.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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