Bill Text: IL HB5776 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Clinical Psychologist Licensing Act. In provisions concerning written collaborative agreements, deletes a provision prohibiting a prescribing psychologist from prescribing medications to patients who are less than 17 years of age or over 65 years of age. Provides that no prescriptive authority for any Schedule II opioid shall be delegated. Provides that after the collaborating physician files a notice delegating authority to prescribe any nonnarcotic, nonopioid Schedule II through V controlled substances (rather than any nonnarcotic Schedule III through V controlled substances), the licensed clinical psychologist shall be eligible to register for a mid-level practitioner controlled substance license under the Illinois Controlled Substances Act. Defines "opioid". Makes corresponding changes in the Illinois Controlled Substances Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-11-16 - Referred to Rules Committee [HB5776 Detail]

Download: Illinois-2021-HB5776-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5776 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
225 ILCS 15/2 from Ch. 111, par. 5352
225 ILCS 15/4.3
720 ILCS 570/303.05
Amends the Clinical Psychologist Licensing Act. In provisions concerning written collaborative agreements, deletes a provision prohibiting a prescribing psychologist from prescribing medications to patients who are less than 17 years of age or over 65 years of age. Provides that no prescriptive authority for any Schedule II opioid shall be delegated. Provides that after the collaborating physician files a notice delegating authority to prescribe any nonnarcotic, nonopioid Schedule II through V controlled substances (rather than any nonnarcotic Schedule III through V controlled substances), the licensed clinical psychologist shall be eligible to register for a mid-level practitioner controlled substance license under the Illinois Controlled Substances Act. Defines "opioid". Makes corresponding changes in the Illinois Controlled Substances Act. Effective immediately.
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A BILL FOR
HB5776 LRB102 28323 AMQ 40194 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Clinical Psychologist Licensing Act is
amended by changing Sections 2 and 4.3 as follows:
(225 ILCS 15/2) (from Ch. 111, par. 5352)
(Section scheduled to be repealed on January 1, 2027)
Sec. 2. Definitions. As used in this Act:
(1) "Department" means the Department of Financial and
Professional Regulation.
(2) "Secretary" means the Secretary of Financial and
Professional Regulation.
(3) "Board" means the Clinical Psychologists Licensing
and Disciplinary Board appointed by the Secretary.
(4) (Blank).
(5) "Clinical psychology" means the independent
evaluation, classification, diagnosis, and treatment of
mental, emotional, behavioral or nervous disorders or
conditions, developmental disabilities, alcoholism and
substance abuse, disorders of habit or conduct, and the
psychological aspects of physical illness. The practice of
clinical psychology includes psychoeducational
evaluation, therapy, remediation and consultation, the use

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of psychological and neuropsychological testing,
assessment, psychotherapy, psychoanalysis, hypnosis,
biofeedback, and behavioral modification when any of these
are used for the purpose of preventing or eliminating
psychopathology, or for the amelioration of psychological
disorders of individuals or groups. "Clinical psychology"
does not include the use of hypnosis by unlicensed persons
pursuant to Section 3.
(6) A person represents himself or herself to be a
"clinical psychologist" or "psychologist" within the
meaning of this Act when he or she holds himself or herself
out to the public by any title or description of services
incorporating the words "psychological", "psychologic",
"psychologist", "psychology", or "clinical psychologist"
or under such title or description offers to render or
renders clinical psychological services as defined in
paragraph (7) of this Section to individuals or the public
for remuneration.
(7) "Clinical psychological services" refers to any
services under paragraph (5) of this Section if the words
"psychological", "psychologic", "psychologist",
"psychology" or "clinical psychologist" are used to
describe such services by the person or organization
offering to render or rendering them.
(8) "Collaborating physician" means a physician
licensed to practice medicine in all of its branches in

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Illinois who generally prescribes medications for the
treatment of mental health disease or illness to his or
her patients in the normal course of his or her clinical
medical practice.
(9) "Prescribing psychologist" means a licensed,
doctoral level psychologist who has undergone specialized
training, has passed an examination as determined by rule,
and has received a current license granting prescriptive
authority under Section 4.2 of this Act that has not been
revoked or suspended from the Department.
(10) "Prescriptive authority" means the authority to
prescribe, administer, discontinue, or distribute drugs or
medicines.
(11) "Prescription" means an order for a drug,
laboratory test, or any medicines, including controlled
substances as defined in the Illinois Controlled
Substances Act.
(12) "Drugs" has the meaning given to that term in the
Pharmacy Practice Act.
(13) "Medicines" has the meaning given to that term in
the Pharmacy Practice Act.
(14) "Address of record" means the designated address
recorded by the Department in the applicant's application
file or the licensee's license file maintained by the
Department's licensure maintenance unit.
(15) "Opioid" means a narcotic drug or substance that

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is a Schedule II controlled substance under paragraph (1),
(2), (3), or (5) of subsection (b) or under subsection (c)
of Section 206 of the Illinois Controlled Substances Act.
This Act shall not apply to persons lawfully carrying on
their particular profession or business under any valid
existing regulatory Act of the State.
(Source: P.A. 98-668, eff. 6-25-14; 99-572, eff. 7-15-16.)
(225 ILCS 15/4.3)
(Section scheduled to be repealed on January 1, 2027)
Sec. 4.3. Written collaborative agreements.
(a) A written collaborative agreement is required for all
prescribing psychologists practicing under a prescribing
psychologist license issued pursuant to Section 4.2 of this
Act.
(b) 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
with the exception of the following:
(1) (blank); patients who are less than 17 years of
age or over 65 years of age;
(2) patients during pregnancy;
(3) patients with serious medical conditions, such as
heart disease, cancer, stroke, or seizures, and with

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developmental disabilities and intellectual disabilities;
and
(4) prescriptive authority for benzodiazepine Schedule
III controlled substances; and .
(5) prescriptive authority for any Schedule II opioid.
(c) The collaborating physician shall file with the
Department notice of delegation of prescriptive authority and
termination of the delegation, in accordance with rules of the
Department. Upon receipt of this notice delegating authority
to prescribe any nonnarcotic, nonopioid Schedule II III
through V controlled substances, the licensed clinical
psychologist shall be eligible to register for a mid-level
practitioner controlled substance license under Section 303.05
of the Illinois Controlled Substances Act.
(d) All of the following shall apply to delegation of
prescriptive authority:
(1) Any delegation of Schedule II III through V
controlled substances shall identify the specific
controlled substance by brand name or generic name. No
controlled substance to be delivered by injection may be
delegated. No Schedule II opioid controlled substance
shall be delegated.
(2) A prescribing psychologist shall not prescribe
narcotic drugs, as defined in Section 102 of the Illinois
Controlled Substances Act.
Any prescribing psychologist who writes a prescription for

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a controlled substance without having valid and appropriate
authority may be fined by the Department not more than $50 per
prescription and the Department may take any other
disciplinary action provided for in this Act.
All prescriptions written by a prescribing psychologist
must contain the name of the prescribing psychologist and his
or her signature. The prescribing psychologist shall sign his
or her own name.
(e) The written collaborative agreement shall describe the
working relationship of the prescribing psychologist with the
collaborating physician and shall delegate prescriptive
authority as provided in this Act. Collaboration does not
require an employment relationship between the collaborating
physician and prescribing psychologist. Absent an employment
relationship, an agreement may not restrict third-party
payment sources accepted by the prescribing psychologist. For
the purposes of this Section, "collaboration" means the
relationship between a prescribing psychologist and a
collaborating physician with respect to the delivery of
prescribing services in accordance with (1) the prescribing
psychologist's training, education, and experience and (2)
collaboration and consultation as documented in a jointly
developed written collaborative agreement.
(f) The agreement shall promote the exercise of
professional judgment by the prescribing psychologist
corresponding to his or her education and experience.

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(g) The collaborative agreement shall not be construed to
require the personal presence of a physician at the place
where services are rendered. Methods of communication shall be
available for consultation with the collaborating physician in
person or by telecommunications in accordance with established
written guidelines as set forth in the written agreement.
(h) Collaboration and consultation pursuant to all
collaboration agreements shall be adequate if a collaborating
physician does each of the following:
(1) participates in the joint formulation and joint
approval of orders or guidelines with the prescribing
psychologist and he or she periodically reviews the
prescribing psychologist's orders and the services
provided patients under the orders in accordance with
accepted standards of medical practice and prescribing
psychologist practice;
(2) provides collaboration and consultation with the
prescribing psychologist in person at least once a month
for review of safety and quality clinical care or
treatment;
(3) is available through telecommunications for
consultation on medical problems, complications,
emergencies, or patient referral; and
(4) reviews medication orders of the prescribing
psychologist no less than monthly, including review of
laboratory tests and other tests as available.

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(i) The written collaborative agreement shall contain
provisions detailing notice for termination or change of
status involving a written collaborative agreement, except
when the notice is given for just cause.
(j) A copy of the signed written collaborative agreement
shall be available to the Department upon request to either
the prescribing psychologist or the collaborating physician.
(k) Nothing in this Section shall be construed to limit
the authority of a prescribing psychologist to perform all
duties authorized under this Act.
(l) A prescribing psychologist shall inform each
collaborating physician of all collaborative agreements he or
she has signed and provide a copy of these to any collaborating
physician.
(m) No collaborating physician shall enter into more than
3 collaborative agreements with prescribing psychologists.
(Source: P.A. 101-84, eff. 7-19-19.)
Section 10. The Illinois Controlled Substances Act is
amended by changing Section 303.05 as follows:
(720 ILCS 570/303.05)
Sec. 303.05. Mid-level practitioner registration.
(a) The Department of Financial and Professional
Regulation shall register licensed physician assistants,
licensed advanced practice registered nurses, and prescribing

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psychologists licensed under Section 4.2 of the Clinical
Psychologist Licensing Act to prescribe and dispense
controlled substances under Section 303 and euthanasia
agencies to purchase, store, or administer animal euthanasia
drugs under the following circumstances:
(1) with respect to physician assistants,
(A) the physician assistant has been delegated
written authority to prescribe any Schedule III
through V controlled substances by a physician
licensed to practice medicine in all its branches in
accordance with Section 7.5 of the Physician Assistant
Practice Act of 1987; and the physician assistant has
completed the appropriate application forms and has
paid the required fees as set by rule; or
(B) the physician assistant has been delegated
authority by a collaborating physician licensed to
practice medicine in all its branches to prescribe or
dispense Schedule II controlled substances through a
written delegation of authority and under the
following conditions:
(i) Specific Schedule II controlled substances
by oral dosage or topical or transdermal
application may be delegated, provided that the
delegated Schedule II controlled substances are
routinely prescribed by the collaborating
physician. This delegation must identify the

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specific Schedule II controlled substances by
either brand name or generic name. Schedule II
controlled substances to be delivered by injection
or other route of administration may not be
delegated;
(ii) any delegation must be of controlled
substances prescribed by the collaborating
physician;
(iii) all prescriptions must be limited to no
more than a 30-day supply, with any continuation
authorized only after prior approval of the
collaborating physician;
(iv) the physician assistant must discuss the
condition of any patients for whom a controlled
substance is prescribed monthly with the
delegating physician;
(v) the physician assistant must have
completed the appropriate application forms and
paid the required fees as set by rule;
(vi) the physician assistant must provide
evidence of satisfactory completion of 45 contact
hours in pharmacology from any physician assistant
program accredited by the Accreditation Review
Commission on Education for the Physician
Assistant (ARC-PA), or its predecessor agency, for
any new license issued with Schedule II authority

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after the effective date of this amendatory Act of
the 97th General Assembly; and
(vii) the physician assistant must annually
complete at least 5 hours of continuing education
in pharmacology;
(2) with respect to advanced practice registered
nurses who do not meet the requirements of Section 65-43
of the Nurse Practice Act,
(A) the advanced practice registered nurse has
been delegated authority to prescribe any Schedule III
through V controlled substances by a collaborating
physician licensed to practice medicine in all its
branches or a collaborating podiatric physician in
accordance with Section 65-40 of the Nurse Practice
Act. The advanced practice registered nurse has
completed the appropriate application forms and has
paid the required fees as set by rule; or
(B) the advanced practice registered nurse has
been delegated authority by a collaborating physician
licensed to practice medicine in all its branches to
prescribe or dispense Schedule II controlled
substances through a written delegation of authority
and under the following conditions:
(i) specific Schedule II controlled substances
by oral dosage or topical or transdermal
application may be delegated, provided that the

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delegated Schedule II controlled substances are
routinely prescribed by the collaborating
physician. This delegation must identify the
specific Schedule II controlled substances by
either brand name or generic name. Schedule II
controlled substances to be delivered by injection
or other route of administration may not be
delegated;
(ii) any delegation must be of controlled
substances prescribed by the collaborating
physician;
(iii) all prescriptions must be limited to no
more than a 30-day supply, with any continuation
authorized only after prior approval of the
collaborating physician;
(iv) the advanced practice registered nurse
must discuss the condition of any patients for
whom a controlled substance is prescribed monthly
with the delegating physician or in the course of
review as required by Section 65-40 of the Nurse
Practice Act;
(v) the advanced practice registered nurse
must have completed the appropriate application
forms and paid the required fees as set by rule;
(vi) the advanced practice registered nurse
must provide evidence of satisfactory completion

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of at least 45 graduate contact hours in
pharmacology for any new license issued with
Schedule II authority after the effective date of
this amendatory Act of the 97th General Assembly;
and
(vii) the advanced practice registered nurse
must annually complete 5 hours of continuing
education in pharmacology;
(2.5) with respect to advanced practice registered
nurses certified as nurse practitioners, nurse midwives,
or clinical nurse specialists who do not meet the
requirements of Section 65-43 of the Nurse Practice Act
practicing in a hospital affiliate,
(A) the advanced practice registered nurse
certified as a nurse practitioner, nurse midwife, or
clinical nurse specialist has been privileged to
prescribe any Schedule II through V controlled
substances by the hospital affiliate upon the
recommendation of the appropriate physician committee
of the hospital affiliate in accordance with Section
65-45 of the Nurse Practice Act, has completed the
appropriate application forms, and has paid the
required fees as set by rule; and
(B) an advanced practice registered nurse
certified as a nurse practitioner, nurse midwife, or
clinical nurse specialist has been privileged to

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prescribe any Schedule II controlled substances by the
hospital affiliate upon the recommendation of the
appropriate physician committee of the hospital
affiliate, then the following conditions must be met:
(i) specific Schedule II controlled substances
by oral dosage or topical or transdermal
application may be designated, provided that the
designated Schedule II controlled substances are
routinely prescribed by advanced practice
registered nurses in their area of certification;
the privileging documents must identify the
specific Schedule II controlled substances by
either brand name or generic name; privileges to
prescribe or dispense Schedule II controlled
substances to be delivered by injection or other
route of administration may not be granted;
(ii) any privileges must be controlled
substances limited to the practice of the advanced
practice registered nurse;
(iii) any prescription must be limited to no
more than a 30-day supply;
(iv) the advanced practice registered nurse
must discuss the condition of any patients for
whom a controlled substance is prescribed monthly
with the appropriate physician committee of the
hospital affiliate or its physician designee; and

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(v) the advanced practice registered nurse
must meet the education requirements of this
Section;
(3) with respect to animal euthanasia agencies, the
euthanasia agency has obtained a license from the
Department of Financial and Professional Regulation and
obtained a registration number from the Department; or
(4) with respect to prescribing psychologists, the
prescribing psychologist has been delegated authority to
prescribe any nonnarcotic, nonopioid Schedule II III
through V controlled substances by a collaborating
physician licensed to practice medicine in all its
branches in accordance with Section 4.3 of the Clinical
Psychologist Licensing Act, and the prescribing
psychologist has completed the appropriate application
forms and has paid the required fees as set by rule.
(b) The mid-level practitioner shall only be licensed to
prescribe those schedules of controlled substances for which a
licensed physician has delegated prescriptive authority,
except that an animal euthanasia agency does not have any
prescriptive authority. A physician assistant and an advanced
practice registered nurse are prohibited from prescribing
medications and controlled substances not set forth in the
required written delegation of authority or as authorized by
their practice Act.
(c) Upon completion of all registration requirements,

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physician assistants, advanced practice registered nurses, and
animal euthanasia agencies may be issued a mid-level
practitioner controlled substances license for Illinois.
(d) A collaborating physician may, but is not required to,
delegate prescriptive authority to an advanced practice
registered nurse as part of a written collaborative agreement,
and the delegation of prescriptive authority shall conform to
the requirements of Section 65-40 of the Nurse Practice Act.
(e) A collaborating physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written collaborative agreement, and the delegation
of prescriptive authority shall conform to the requirements of
Section 7.5 of the Physician Assistant Practice Act of 1987.
(f) Nothing in this Section shall be construed to prohibit
generic substitution.
(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)