Full Text of HB5156 100th General Assembly
HB5156 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5156 Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
| 225 ILCS 65/65-35.1 | | 225 ILCS 65/65-40 | was 225 ILCS 65/15-20 |
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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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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Nurse Practice Act is amended by changing | 5 | | Sections 65-35.1 and 65-40 as follows: | 6 | | (225 ILCS 65/65-35.1) | 7 | | (Section scheduled to be repealed on January 1, 2028) | 8 | | Sec. 65-35.1.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 | 9 | | practice. Any advanced practice registered nurse required to | 10 | | enter into a written collaborative agreement with a | 11 | | collaborating physician or collaborating podiatrist is | 12 | | authorized to continue to practice for up to 90 days after the | 13 | | termination of a collaborative agreement provided the advanced | 14 | | practice registered nurse seeks any needed collaboration at a | 15 | | local hospital and refers patients who require services beyond | 16 | | the training and experience of the advanced practice registered | 17 | | nurse 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| 20 | | (Section scheduled to be repealed on January 1, 2028)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 | 22 | | authority.
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| 1 | | (a) A collaborating
physician or podiatric physician may, | 2 | | but is not required to, delegate
prescriptive authority to an | 3 | | advanced practice registered
nurse as part of a written | 4 | | collaborative agreement. This authority may, but is
not | 5 | | required to, include
prescription of, selection of, orders for, | 6 | | administration of, storage of, acceptance of samples of, and | 7 | | dispensing over the counter medications, legend drugs, medical | 8 | | gases, and controlled
substances categorized as
any Schedule | 9 | | III through V controlled substances, as defined in Article II | 10 | | of the
Illinois Controlled Substances Act, and other | 11 | | preparations, including, but not limited to, botanical and | 12 | | herbal remedies. The collaborating physician or podiatric | 13 | | physician must have a valid current Illinois controlled | 14 | | substance license and federal registration to delegate | 15 | | authority to prescribe delegated controlled substances.
| 16 | | (b) To prescribe controlled
substances under this Section, | 17 | | an advanced practice registered
nurse must obtain a mid-level | 18 | | practitioner controlled substance license.
Medication orders | 19 | | shall be
reviewed
periodically by the collaborating physician | 20 | | or podiatric physician .
| 21 | | (c) The collaborating physician or podiatric physician o | 22 | | shall file with the
Department and the Prescription Monitoring | 23 | | Program notice of delegation of prescriptive authority
and
| 24 | | termination of such delegation, in accordance with rules of the | 25 | | Department.
Upon receipt of this notice delegating authority to | 26 | | prescribe any Schedule III through V controlled substances, the |
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| 1 | | licensed advanced practice registered nurse shall be
eligible | 2 | | to register for a mid-level practitioner controlled substance | 3 | | license
under Section 303.05 of the Illinois Controlled | 4 | | Substances Act.
| 5 | | (d) In addition to the requirements of subsections (a), | 6 | | (b), and (c) of this Section, a collaborating physician or | 7 | | podiatric physician may, but is not required to, delegate | 8 | | authority to an advanced practice registered nurse to prescribe | 9 | | any Schedule II controlled substances, if all of the following | 10 | | conditions 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 | 10 | | delegation of tasks
or duties by a physician to a licensed | 11 | | practical nurse, a registered
professional nurse, or other | 12 | | persons. Nothing in this Act shall be construed to limit the | 13 | | method of delegation that may be authorized by any means, | 14 | | including, but not limited to, oral, written, electronic, | 15 | | standing orders, protocols, guidelines, or verbal orders.
| 16 | | (f) Nothing in this Section shall be construed to apply to | 17 | | any medication authority including Schedule II controlled | 18 | | substances of an advanced practice registered nurse for care | 19 | | provided in a hospital, hospital affiliate, or ambulatory | 20 | | surgical treatment center pursuant to Section 65-45. | 21 | | (g) ( Blank ). | 22 | | (h) Nothing in this Section shall be construed to prohibit | 23 | | generic substitution. | 24 | | (i) Nothing in this Section shall be construed to apply to | 25 | | an advanced practice registered nurse who meets the | 26 | | requirements 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 | 3 | | becoming law. |
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