Bill Text: IL SB1586 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Clinical Psychologist Licensing Act. In provisions concerning written collaborative agreements, removes 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. Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall provide coverage and reimbursement for prescription management services provided by prescribing psychologists for persons who are otherwise eligible for medical assistance under the Article. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB1586 Detail]

Download: Illinois-2023-SB1586-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1586 Introduced 2/8/2023, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
225 ILCS 15/2 from Ch. 111, par. 5352
225 ILCS 15/4.3
305 ILCS 5/5-5 from Ch. 23, par. 5-5
720 ILCS 570/303.05
Amends the Clinical Psychologist Licensing Act. In provisions concerning written collaborative agreements, removes 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. Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall provide coverage and reimbursement for prescription management services provided by prescribing psychologists for persons who are otherwise eligible for medical assistance under the Article. Effective immediately.
LRB103 25489 AMQ 51838 b
A BILL FOR
SB1586 LRB103 25489 AMQ 51838 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

SB1586 - 2 - LRB103 25489 AMQ 51838 b
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

SB1586 - 3 - LRB103 25489 AMQ 51838 b
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

SB1586 - 4 - LRB103 25489 AMQ 51838 b
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

SB1586 - 5 - LRB103 25489 AMQ 51838 b
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

SB1586 - 6 - LRB103 25489 AMQ 51838 b
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.

SB1586 - 7 - LRB103 25489 AMQ 51838 b
(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.

SB1586 - 8 - LRB103 25489 AMQ 51838 b
(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 Public Aid Code is amended by
changing Section 5-5 as follows:
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the rate
of reimbursement for the medical assistance for which payment
will be authorized, and the medical services to be provided,

SB1586 - 9 - LRB103 25489 AMQ 51838 b
which may include all or part of the following: (1) inpatient
hospital services; (2) outpatient hospital services; (3) other
laboratory and X-ray services; (4) skilled nursing home
services; (5) physicians' services whether furnished in the
office, the patient's home, a hospital, a skilled nursing
home, or elsewhere; (6) medical care, or any other type of
remedial care furnished by licensed practitioners; (7) home
health care services; (8) private duty nursing service; (9)
clinic services; (10) dental services, including prevention
and treatment of periodontal disease and dental caries disease
for pregnant individuals, provided by an individual licensed
to practice dentistry or dental surgery; for purposes of this
item (10), "dental services" means diagnostic, preventive, or
corrective procedures provided by or under the supervision of
a dentist in the practice of his or her profession; (11)
physical therapy and related services; (12) prescribed drugs,
dentures, and prosthetic devices; and eyeglasses prescribed by
a physician skilled in the diseases of the eye, or by an
optometrist, whichever the person may select; (13) other
diagnostic, screening, preventive, and rehabilitative
services, including to ensure that the individual's need for
intervention or treatment of mental disorders or substance use
disorders or co-occurring mental health and substance use
disorders is determined using a uniform screening, assessment,
and evaluation process inclusive of criteria, for children and
adults; for purposes of this item (13), a uniform screening,

SB1586 - 10 - LRB103 25489 AMQ 51838 b
assessment, and evaluation process refers to a process that
includes an appropriate evaluation and, as warranted, a
referral; "uniform" does not mean the use of a singular
instrument, tool, or process that all must utilize; (14)
transportation and such other expenses as may be necessary;
(15) medical treatment of sexual assault survivors, as defined
in Section 1a of the Sexual Assault Survivors Emergency
Treatment Act, for injuries sustained as a result of the
sexual assault, including examinations and laboratory tests to
discover evidence which may be used in criminal proceedings
arising from the sexual assault; (16) the diagnosis and
treatment of sickle cell anemia; (16.5) services performed by
a chiropractic physician licensed under the Medical Practice
Act of 1987 and acting within the scope of his or her license,
including, but not limited to, chiropractic manipulative
treatment; and (17) any other medical care, and any other type
of remedial care recognized under the laws of this State. The
term "any other type of remedial care" shall include nursing
care and nursing home service for persons who rely on
treatment by spiritual means alone through prayer for healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug Administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this

SB1586 - 11 - LRB103 25489 AMQ 51838 b
Article.
Notwithstanding any other provision of this Code,
reproductive health care that is otherwise legal in Illinois
shall be covered under the medical assistance program for
persons who are otherwise eligible for medical assistance
under this Article.
Notwithstanding any other provision of this Section, all
tobacco cessation medications approved by the United States
Food and Drug Administration and all individual and group
tobacco cessation counseling services and telephone-based
counseling services and tobacco cessation medications provided
through the Illinois Tobacco Quitline shall be covered under
the medical assistance program for persons who are otherwise
eligible for assistance under this Article. The Department
shall comply with all federal requirements necessary to obtain
federal financial participation, as specified in 42 CFR
433.15(b)(7), for telephone-based counseling services provided
through the Illinois Tobacco Quitline, including, but not
limited to: (i) entering into a memorandum of understanding or
interagency agreement with the Department of Public Health, as
administrator of the Illinois Tobacco Quitline; and (ii)
developing a cost allocation plan for Medicaid-allowable
Illinois Tobacco Quitline services in accordance with 45 CFR
95.507. The Department shall submit the memorandum of
understanding or interagency agreement, the cost allocation
plan, and all other necessary documentation to the Centers for

SB1586 - 12 - LRB103 25489 AMQ 51838 b
Medicare and Medicaid Services for review and approval.
Coverage under this paragraph shall be contingent upon federal
approval.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of payment
for any laboratory test authorized under this Article, that a
physician's handwritten signature appear on the laboratory
test order form. The Illinois Department may, however, impose
other appropriate requirements regarding laboratory test order
documentation.
Upon receipt of federal approval of an amendment to the
Illinois Title XIX State Plan for this purpose, the Department
shall authorize the Chicago Public Schools (CPS) to procure a
vendor or vendors to manufacture eyeglasses for individuals
enrolled in a school within the CPS system. CPS shall ensure
that its vendor or vendors are enrolled as providers in the
medical assistance program and in any capitated Medicaid
managed care entity (MCE) serving individuals enrolled in a
school within the CPS system. Under any contract procured
under this provision, the vendor or vendors must serve only
individuals enrolled in a school within the CPS system. Claims
for services provided by CPS's vendor or vendors to recipients
of benefits in the medical assistance program under this Code,
the Children's Health Insurance Program, or the Covering ALL
KIDS Health Insurance Program shall be submitted to the
Department or the MCE in which the individual is enrolled for

SB1586 - 13 - LRB103 25489 AMQ 51838 b
payment and shall be reimbursed at the Department's or the
MCE's established rates or rate methodologies for eyeglasses.
On and after July 1, 2012, the Department of Healthcare
and Family Services may provide the following services to
persons eligible for assistance under this Article who are
participating in education, training or employment programs
operated by the Department of Human Services as successor to
the Department of Public Aid:
(1) dental services provided by or under the
supervision of a dentist; and
(2) eyeglasses prescribed by a physician skilled in
the diseases of the eye, or by an optometrist, whichever
the person may select.
On and after July 1, 2018, the Department of Healthcare
and Family Services shall provide dental services to any adult
who is otherwise eligible for assistance under the medical
assistance program. As used in this paragraph, "dental
services" means diagnostic, preventative, restorative, or
corrective procedures, including procedures and services for
the prevention and treatment of periodontal disease and dental
caries disease, provided by an individual who is licensed to
practice dentistry or dental surgery or who is under the
supervision of a dentist in the practice of his or her
profession.
On and after July 1, 2018, targeted dental services, as
set forth in Exhibit D of the Consent Decree entered by the

SB1586 - 14 - LRB103 25489 AMQ 51838 b
United States District Court for the Northern District of
Illinois, Eastern Division, in the matter of Memisovski v.
Maram, Case No. 92 C 1982, that are provided to adults under
the medical assistance program shall be established at no less
than the rates set forth in the "New Rate" column in Exhibit D
of the Consent Decree for targeted dental services that are
provided to persons under the age of 18 under the medical
assistance program.
Notwithstanding any other provision of this Code and
subject to federal approval, the Department may adopt rules to
allow a dentist who is volunteering his or her service at no
cost to render dental services through an enrolled
not-for-profit health clinic without the dentist personally
enrolling as a participating provider in the medical
assistance program. A not-for-profit health clinic shall
include a public health clinic or Federally Qualified Health
Center or other enrolled provider, as determined by the
Department, through which dental services covered under this
Section are performed. The Department shall establish a
process for payment of claims for reimbursement for covered
dental services rendered under this provision.
On and after January 1, 2022, the Department of Healthcare
and Family Services shall administer and regulate a
school-based dental program that allows for the out-of-office
delivery of preventative dental services in a school setting
to children under 19 years of age. The Department shall

SB1586 - 15 - LRB103 25489 AMQ 51838 b
establish, by rule, guidelines for participation by providers
and set requirements for follow-up referral care based on the
requirements established in the Dental Office Reference Manual
published by the Department that establishes the requirements
for dentists participating in the All Kids Dental School
Program. Every effort shall be made by the Department when
developing the program requirements to consider the different
geographic differences of both urban and rural areas of the
State for initial treatment and necessary follow-up care. No
provider shall be charged a fee by any unit of local government
to participate in the school-based dental program administered
by the Department. Nothing in this paragraph shall be
construed to limit or preempt a home rule unit's or school
district's authority to establish, change, or administer a
school-based dental program in addition to, or independent of,
the school-based dental program administered by the
Department.
The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in
accordance with the classes of persons designated in Section
5-2.
The Department of Healthcare and Family Services must
provide coverage and reimbursement for amino acid-based
elemental formulas, regardless of delivery method, for the
diagnosis and treatment of (i) eosinophilic disorders and (ii)
short bowel syndrome when the prescribing physician has issued

SB1586 - 16 - LRB103 25489 AMQ 51838 b
a written order stating that the amino acid-based elemental
formula is medically necessary.
The Illinois Department shall authorize the provision of,
and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for
individuals 35 years of age or older who are eligible for
medical assistance under this Article, as follows:
(A) A baseline mammogram for individuals 35 to 39
years of age.
(B) An annual mammogram for individuals 40 years of
age or older.
(C) A mammogram at the age and intervals considered
medically necessary by the individual's health care
provider for individuals under 40 years of age and having
a family history of breast cancer, prior personal history
of breast cancer, positive genetic testing, or other risk
factors.
(D) A comprehensive ultrasound screening and MRI of an
entire breast or breasts if a mammogram demonstrates
heterogeneous or dense breast tissue or when medically
necessary as determined by a physician licensed to
practice medicine in all of its branches.
(E) A screening MRI when medically necessary, as
determined by a physician licensed to practice medicine in
all of its branches.
(F) A diagnostic mammogram when medically necessary,

SB1586 - 17 - LRB103 25489 AMQ 51838 b
as determined by a physician licensed to practice medicine
in all its branches, advanced practice registered nurse,
or physician assistant.
The Department shall not impose a deductible, coinsurance,
copayment, or any other cost-sharing requirement on the
coverage provided under this paragraph; except that this
sentence does not apply to coverage of diagnostic mammograms
to the extent such coverage would disqualify a high-deductible
health plan from eligibility for a health savings account
pursuant to Section 223 of the Internal Revenue Code (26
U.S.C. 223).
All screenings shall include a physical breast exam,
instruction on self-examination and information regarding the
frequency of self-examination and its value as a preventative
tool.
For purposes of this Section:
"Diagnostic mammogram" means a mammogram obtained using
diagnostic mammography.
"Diagnostic mammography" means a method of screening that
is designed to evaluate an abnormality in a breast, including
an abnormality seen or suspected on a screening mammogram or a
subjective or objective abnormality otherwise detected in the
breast.
"Low-dose mammography" means the x-ray examination of the
breast using equipment dedicated specifically for mammography,
including the x-ray tube, filter, compression device, and

SB1586 - 18 - LRB103 25489 AMQ 51838 b
image receptor, with an average radiation exposure delivery of
less than one rad per breast for 2 views of an average size
breast. The term also includes digital mammography and
includes breast tomosynthesis.
"Breast tomosynthesis" means a radiologic procedure that
involves the acquisition of projection images over the
stationary breast to produce cross-sectional digital
three-dimensional images of the breast.
If, at any time, the Secretary of the United States
Department of Health and Human Services, or its successor
agency, promulgates rules or regulations to be published in
the Federal Register or publishes a comment in the Federal
Register or issues an opinion, guidance, or other action that
would require the State, pursuant to any provision of the
Patient Protection and Affordable Care Act (Public Law
111-148), including, but not limited to, 42 U.S.C.
18031(d)(3)(B) or any successor provision, to defray the cost
of any coverage for breast tomosynthesis outlined in this
paragraph, then the requirement that an insurer cover breast
tomosynthesis is inoperative other than any such coverage
authorized under Section 1902 of the Social Security Act, 42
U.S.C. 1396a, and the State shall not assume any obligation
for the cost of coverage for breast tomosynthesis set forth in
this paragraph.
On and after January 1, 2016, the Department shall ensure
that all networks of care for adult clients of the Department

SB1586 - 19 - LRB103 25489 AMQ 51838 b
include access to at least one breast imaging Center of
Imaging Excellence as certified by the American College of
Radiology.
On and after January 1, 2012, providers participating in a
quality improvement program approved by the Department shall
be reimbursed for screening and diagnostic mammography at the
same rate as the Medicare program's rates, including the
increased reimbursement for digital mammography and, after
January 1, 2023 (the effective date of Public Act 102-1018)
this amendatory Act of the 102nd General Assembly, breast
tomosynthesis.
The Department shall convene an expert panel including
representatives of hospitals, free-standing mammography
facilities, and doctors, including radiologists, to establish
quality standards for mammography.
On and after January 1, 2017, providers participating in a
breast cancer treatment quality improvement program approved
by the Department shall be reimbursed for breast cancer
treatment at a rate that is no lower than 95% of the Medicare
program's rates for the data elements included in the breast
cancer treatment quality program.
The Department shall convene an expert panel, including
representatives of hospitals, free-standing breast cancer
treatment centers, breast cancer quality organizations, and
doctors, including breast surgeons, reconstructive breast
surgeons, oncologists, and primary care providers to establish

SB1586 - 20 - LRB103 25489 AMQ 51838 b
quality standards for breast cancer treatment.
Subject to federal approval, the Department shall
establish a rate methodology for mammography at federally
qualified health centers and other encounter-rate clinics.
These clinics or centers may also collaborate with other
hospital-based mammography facilities. By January 1, 2016, the
Department shall report to the General Assembly on the status
of the provision set forth in this paragraph.
The Department shall establish a methodology to remind
individuals who are age-appropriate for screening mammography,
but who have not received a mammogram within the previous 18
months, of the importance and benefit of screening
mammography. The Department shall work with experts in breast
cancer outreach and patient navigation to optimize these
reminders and shall establish a methodology for evaluating
their effectiveness and modifying the methodology based on the
evaluation.
The Department shall establish a performance goal for
primary care providers with respect to their female patients
over age 40 receiving an annual mammogram. This performance
goal shall be used to provide additional reimbursement in the
form of a quality performance bonus to primary care providers
who meet that goal.
The Department shall devise a means of case-managing or
patient navigation for beneficiaries diagnosed with breast
cancer. This program shall initially operate as a pilot

SB1586 - 21 - LRB103 25489 AMQ 51838 b
program in areas of the State with the highest incidence of
mortality related to breast cancer. At least one pilot program
site shall be in the metropolitan Chicago area and at least one
site shall be outside the metropolitan Chicago area. On or
after July 1, 2016, the pilot program shall be expanded to
include one site in western Illinois, one site in southern
Illinois, one site in central Illinois, and 4 sites within
metropolitan Chicago. An evaluation of the pilot program shall
be carried out measuring health outcomes and cost of care for
those served by the pilot program compared to similarly
situated patients who are not served by the pilot program.
The Department shall require all networks of care to
develop a means either internally or by contract with experts
in navigation and community outreach to navigate cancer
patients to comprehensive care in a timely fashion. The
Department shall require all networks of care to include
access for patients diagnosed with cancer to at least one
academic commission on cancer-accredited cancer program as an
in-network covered benefit.
The Department shall provide coverage and reimbursement
for a human papillomavirus (HPV) vaccine that is approved for
marketing by the federal Food and Drug Administration for all
persons between the ages of 9 and 45 and persons of the age of
46 and above who have been diagnosed with cervical dysplasia
with a high risk of recurrence or progression. The Department
shall disallow any preauthorization requirements for the

SB1586 - 22 - LRB103 25489 AMQ 51838 b
administration of the human papillomavirus (HPV) vaccine.
On or after July 1, 2022, individuals who are otherwise
eligible for medical assistance under this Article shall
receive coverage for perinatal depression screenings for the
12-month period beginning on the last day of their pregnancy.
Medical assistance coverage under this paragraph shall be
conditioned on the use of a screening instrument approved by
the Department.
Any medical or health care provider shall immediately
recommend, to any pregnant individual who is being provided
prenatal services and is suspected of having a substance use
disorder as defined in the Substance Use Disorder Act,
referral to a local substance use disorder treatment program
licensed by the Department of Human Services or to a licensed
hospital which provides substance abuse treatment services.
The Department of Healthcare and Family Services shall assure
coverage for the cost of treatment of the drug abuse or
addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department
of Human Services.
All medical providers providing medical assistance to
pregnant individuals under this Code shall receive information
from the Department on the availability of services under any
program providing case management services for addicted
individuals, including information on appropriate referrals
for other social services that may be needed by addicted

SB1586 - 23 - LRB103 25489 AMQ 51838 b
individuals in addition to treatment for addiction.
The Illinois Department, in cooperation with the
Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through
a public awareness campaign, may provide information
concerning treatment for alcoholism and drug abuse and
addiction, prenatal health care, and other pertinent programs
directed at reducing the number of drug-affected infants born
to recipients of medical assistance.
Neither the Department of Healthcare and Family Services
nor the Department of Human Services shall sanction the
recipient solely on the basis of the recipient's substance
abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this Article
as it shall deem appropriate. The Department should seek the
advice of formal professional advisory committees appointed by
the Director of the Illinois Department for the purpose of
providing regular advice on policy and administrative matters,
information dissemination and educational activities for
medical and health care providers, and consistency in
procedures to the Illinois Department.
The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration

SB1586 - 24 - LRB103 25489 AMQ 51838 b
projects in certain geographic areas. The Partnership shall be
represented by a sponsor organization. The Department, by
rule, shall develop qualifications for sponsors of
Partnerships. Nothing in this Section shall be construed to
require that the sponsor organization be a medical
organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse
medical services delivered by Partnership providers to clients
in target areas according to provisions of this Article and
the Illinois Health Finance Reform Act, except that:
(1) Physicians participating in a Partnership and
providing certain services, which shall be determined by
the Illinois Department, to persons in areas covered by
the Partnership may receive an additional surcharge for
such services.
(2) The Department may elect to consider and negotiate
financial incentives to encourage the development of
Partnerships and the efficient delivery of medical care.
(3) Persons receiving medical services through
Partnerships may receive medical and case management

SB1586 - 25 - LRB103 25489 AMQ 51838 b
services above the level usually offered through the
medical assistance program.
Medical providers shall be required to meet certain
qualifications to participate in Partnerships to ensure the
delivery of high quality medical services. These
qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership
sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical
services by clients. In order to ensure patient freedom of
choice, the Illinois Department shall immediately promulgate
all rules and take all other necessary actions so that
provided services may be accessed from therapeutically
certified optometrists to the full extent of the Illinois
Optometric Practice Act of 1987 without discriminating between
service providers.
The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
The Illinois Department shall require health care
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance

SB1586 - 26 - LRB103 25489 AMQ 51838 b
under this Article. Such records must be retained for a period
of not less than 6 years from the date of service or as
provided by applicable State law, whichever period is longer,
except that if an audit is initiated within the required
retention period then the records must be retained until the
audit is completed and every exception is resolved. The
Illinois Department shall require health care providers to
make available, when authorized by the patient, in writing,
the medical records in a timely fashion to other health care
providers who are treating or serving persons eligible for
Medical Assistance under this Article. All dispensers of
medical services shall be required to maintain and retain
business and professional records sufficient to fully and
accurately document the nature, scope, details and receipt of
the health care provided to persons eligible for medical
assistance under this Code, in accordance with regulations
promulgated by the Illinois Department. The rules and
regulations shall require that proof of the receipt of
prescription drugs, dentures, prosthetic devices and
eyeglasses by eligible persons under this Section accompany
each claim for reimbursement submitted by the dispenser of
such medical services. No such claims for reimbursement shall
be approved for payment by the Illinois Department without
such proof of receipt, unless the Illinois Department shall
have put into effect and shall be operating a system of
post-payment audit and review which shall, on a sampling

SB1586 - 27 - LRB103 25489 AMQ 51838 b
basis, be deemed adequate by the Illinois Department to assure
that such drugs, dentures, prosthetic devices and eyeglasses
for which payment is being made are actually being received by
eligible recipients. Within 90 days after September 16, 1984
(the effective date of Public Act 83-1439), the Illinois
Department shall establish a current list of acquisition costs
for all prosthetic devices and any other items recognized as
medical equipment and supplies reimbursable under this Article
and shall update such list on a quarterly basis, except that
the acquisition costs of all prescription drugs shall be
updated no less frequently than every 30 days as required by
Section 5-5.12.
Notwithstanding any other law to the contrary, the
Illinois Department shall, within 365 days after July 22, 2013
(the effective date of Public Act 98-104), establish
procedures to permit skilled care facilities licensed under
the Nursing Home Care Act to submit monthly billing claims for
reimbursement purposes. Following development of these
procedures, the Department shall, by July 1, 2016, test the
viability of the new system and implement any necessary
operational or structural changes to its information
technology platforms in order to allow for the direct
acceptance and payment of nursing home claims.
Notwithstanding any other law to the contrary, the
Illinois Department shall, within 365 days after August 15,
2014 (the effective date of Public Act 98-963), establish

SB1586 - 28 - LRB103 25489 AMQ 51838 b
procedures to permit ID/DD facilities licensed under the ID/DD
Community Care Act and MC/DD facilities licensed under the
MC/DD Act to submit monthly billing claims for reimbursement
purposes. Following development of these procedures, the
Department shall have an additional 365 days to test the
viability of the new system and to ensure that any necessary
operational or structural changes to its information
technology platforms are implemented.
The Illinois Department shall require all dispensers of
medical services, other than an individual practitioner or
group of practitioners, desiring to participate in the Medical
Assistance program established under this Article to disclose
all financial, beneficial, ownership, equity, surety or other
interests in any and all firms, corporations, partnerships,
associations, business enterprises, joint ventures, agencies,
institutions or other legal entities providing any form of
health care services in this State under this Article.
The Illinois Department may require that all dispensers of
medical services desiring to participate in the medical
assistance program established under this Article disclose,
under such terms and conditions as the Illinois Department may
by rule establish, all inquiries from clients and attorneys
regarding medical bills paid by the Illinois Department, which
inquiries could indicate potential existence of claims or
liens for the Illinois Department.
Enrollment of a vendor shall be subject to a provisional

SB1586 - 29 - LRB103 25489 AMQ 51838 b
period and shall be conditional for one year. During the
period of conditional enrollment, the Department may terminate
the vendor's eligibility to participate in, or may disenroll
the vendor from, the medical assistance program without cause.
Unless otherwise specified, such termination of eligibility or
disenrollment is not subject to the Department's hearing
process. However, a disenrolled vendor may reapply without
penalty.
The Department has the discretion to limit the conditional
enrollment period for vendors based upon category of risk of
the vendor.
Prior to enrollment and during the conditional enrollment
period in the medical assistance program, all vendors shall be
subject to enhanced oversight, screening, and review based on
the risk of fraud, waste, and abuse that is posed by the
category of risk of the vendor. The Illinois Department shall
establish the procedures for oversight, screening, and review,
which may include, but need not be limited to: criminal and
financial background checks; fingerprinting; license,
certification, and authorization verifications; unscheduled or
unannounced site visits; database checks; prepayment audit
reviews; audits; payment caps; payment suspensions; and other
screening as required by federal or State law.
The Department shall define or specify the following: (i)
by provider notice, the "category of risk of the vendor" for
each type of vendor, which shall take into account the level of

SB1586 - 30 - LRB103 25489 AMQ 51838 b
screening applicable to a particular category of vendor under
federal law and regulations; (ii) by rule or provider notice,
the maximum length of the conditional enrollment period for
each category of risk of the vendor; and (iii) by rule, the
hearing rights, if any, afforded to a vendor in each category
of risk of the vendor that is terminated or disenrolled during
the conditional enrollment period.
To be eligible for payment consideration, a vendor's
payment claim or bill, either as an initial claim or as a
resubmitted claim following prior rejection, must be received
by the Illinois Department, or its fiscal intermediary, no
later than 180 days after the latest date on the claim on which
medical goods or services were provided, with the following
exceptions:
(1) In the case of a provider whose enrollment is in
process by the Illinois Department, the 180-day period
shall not begin until the date on the written notice from
the Illinois Department that the provider enrollment is
complete.
(2) In the case of errors attributable to the Illinois
Department or any of its claims processing intermediaries
which result in an inability to receive, process, or
adjudicate a claim, the 180-day period shall not begin
until the provider has been notified of the error.
(3) In the case of a provider for whom the Illinois
Department initiates the monthly billing process.

SB1586 - 31 - LRB103 25489 AMQ 51838 b
(4) In the case of a provider operated by a unit of
local government with a population exceeding 3,000,000
when local government funds finance federal participation
for claims payments.
For claims for services rendered during a period for which
a recipient received retroactive eligibility, claims must be
filed within 180 days after the Department determines the
applicant is eligible. For claims for which the Illinois
Department is not the primary payer, claims must be submitted
to the Illinois Department within 180 days after the final
adjudication by the primary payer.
In the case of long term care facilities, within 120
calendar days of receipt by the facility of required
prescreening information, new admissions with associated
admission documents shall be submitted through the Medical
Electronic Data Interchange (MEDI) or the Recipient
Eligibility Verification (REV) System or shall be submitted
directly to the Department of Human Services using required
admission forms. Effective September 1, 2014, admission
documents, including all prescreening information, must be
submitted through MEDI or REV. Confirmation numbers assigned
to an accepted transaction shall be retained by a facility to
verify timely submittal. Once an admission transaction has
been completed, all resubmitted claims following prior
rejection are subject to receipt no later than 180 days after
the admission transaction has been completed.

SB1586 - 32 - LRB103 25489 AMQ 51838 b
Claims that are not submitted and received in compliance
with the foregoing requirements shall not be eligible for
payment under the medical assistance program, and the State
shall have no liability for payment of those claims.
To the extent consistent with applicable information and
privacy, security, and disclosure laws, State and federal
agencies and departments shall provide the Illinois Department
access to confidential and other information and data
necessary to perform eligibility and payment verifications and
other Illinois Department functions. This includes, but is not
limited to: information pertaining to licensure;
certification; earnings; immigration status; citizenship; wage
reporting; unearned and earned income; pension income;
employment; supplemental security income; social security
numbers; National Provider Identifier (NPI) numbers; the
National Practitioner Data Bank (NPDB); program and agency
exclusions; taxpayer identification numbers; tax delinquency;
corporate information; and death records.
The Illinois Department shall enter into agreements with
State agencies and departments, and is authorized to enter
into agreements with federal agencies and departments, under
which such agencies and departments shall share data necessary
for medical assistance program integrity functions and
oversight. The Illinois Department shall develop, in
cooperation with other State departments and agencies, and in
compliance with applicable federal laws and regulations,

SB1586 - 33 - LRB103 25489 AMQ 51838 b
appropriate and effective methods to share such data. At a
minimum, and to the extent necessary to provide data sharing,
the Illinois Department shall enter into agreements with State
agencies and departments, and is authorized to enter into
agreements with federal agencies and departments, including,
but not limited to: the Secretary of State; the Department of
Revenue; the Department of Public Health; the Department of
Human Services; and the Department of Financial and
Professional Regulation.
Beginning in fiscal year 2013, the Illinois Department
shall set forth a request for information to identify the
benefits of a pre-payment, post-adjudication, and post-edit
claims system with the goals of streamlining claims processing
and provider reimbursement, reducing the number of pending or
rejected claims, and helping to ensure a more transparent
adjudication process through the utilization of: (i) provider
data verification and provider screening technology; and (ii)
clinical code editing; and (iii) pre-pay, pre- or
post-adjudicated predictive modeling with an integrated case
management system with link analysis. Such a request for
information shall not be considered as a request for proposal
or as an obligation on the part of the Illinois Department to
take any action or acquire any products or services.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the
acquisition, repair and replacement of orthotic and prosthetic

SB1586 - 34 - LRB103 25489 AMQ 51838 b
devices and durable medical equipment. Such rules shall
provide, but not be limited to, the following services: (1)
immediate repair or replacement of such devices by recipients;
and (2) rental, lease, purchase or lease-purchase of durable
medical equipment in a cost-effective manner, taking into
consideration the recipient's medical prognosis, the extent of
the recipient's needs, and the requirements and costs for
maintaining such equipment. Subject to prior approval, such
rules shall enable a recipient to temporarily acquire and use
alternative or substitute devices or equipment pending repairs
or replacements of any device or equipment previously
authorized for such recipient by the Department.
Notwithstanding any provision of Section 5-5f to the contrary,
the Department may, by rule, exempt certain replacement
wheelchair parts from prior approval and, for wheelchairs,
wheelchair parts, wheelchair accessories, and related seating
and positioning items, determine the wholesale price by
methods other than actual acquisition costs.
The Department shall require, by rule, all providers of
durable medical equipment to be accredited by an accreditation
organization approved by the federal Centers for Medicare and
Medicaid Services and recognized by the Department in order to
bill the Department for providing durable medical equipment to
recipients. No later than 15 months after the effective date
of the rule adopted pursuant to this paragraph, all providers
must meet the accreditation requirement.

SB1586 - 35 - LRB103 25489 AMQ 51838 b
In order to promote environmental responsibility, meet the
needs of recipients and enrollees, and achieve significant
cost savings, the Department, or a managed care organization
under contract with the Department, may provide recipients or
managed care enrollees who have a prescription or Certificate
of Medical Necessity access to refurbished durable medical
equipment under this Section (excluding prosthetic and
orthotic devices as defined in the Orthotics, Prosthetics, and
Pedorthics Practice Act and complex rehabilitation technology
products and associated services) through the State's
assistive technology program's reutilization program, using
staff with the Assistive Technology Professional (ATP)
Certification if the refurbished durable medical equipment:
(i) is available; (ii) is less expensive, including shipping
costs, than new durable medical equipment of the same type;
(iii) is able to withstand at least 3 years of use; (iv) is
cleaned, disinfected, sterilized, and safe in accordance with
federal Food and Drug Administration regulations and guidance
governing the reprocessing of medical devices in health care
settings; and (v) equally meets the needs of the recipient or
enrollee. The reutilization program shall confirm that the
recipient or enrollee is not already in receipt of the same or
similar equipment from another service provider, and that the
refurbished durable medical equipment equally meets the needs
of the recipient or enrollee. Nothing in this paragraph shall
be construed to limit recipient or enrollee choice to obtain

SB1586 - 36 - LRB103 25489 AMQ 51838 b
new durable medical equipment or place any additional prior
authorization conditions on enrollees of managed care
organizations.
The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the
Department of Human Services and the Department on Aging, to
effect the following: (i) intake procedures and common
eligibility criteria for those persons who are receiving
non-institutional services; and (ii) the establishment and
development of non-institutional services in areas of the
State where they are not currently available or are
undeveloped; and (iii) notwithstanding any other provision of
law, subject to federal approval, on and after July 1, 2012, an
increase in the determination of need (DON) scores from 29 to
37 for applicants for institutional and home and
community-based long term care; if and only if federal
approval is not granted, the Department may, in conjunction
with other affected agencies, implement utilization controls
or changes in benefit packages to effectuate a similar savings
amount for this population; and (iv) no later than July 1,
2013, minimum level of care eligibility criteria for
institutional and home and community-based long term care; and
(v) no later than October 1, 2013, establish procedures to
permit long term care providers access to eligibility scores
for individuals with an admission date who are seeking or
receiving services from the long term care provider. In order

SB1586 - 37 - LRB103 25489 AMQ 51838 b
to select the minimum level of care eligibility criteria, the
Governor shall establish a workgroup that includes affected
agency representatives and stakeholders representing the
institutional and home and community-based long term care
interests. This Section shall not restrict the Department from
implementing lower level of care eligibility criteria for
community-based services in circumstances where federal
approval has been granted.
The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation
and programs for monitoring of utilization of health care
services and facilities, as it affects persons eligible for
medical assistance under this Code.
The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of
medical services by public aid recipients;
(b) actual statistics and trends in the provision of
the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors; and
(d) efforts at utilization review and control by the
Illinois Department.

SB1586 - 38 - LRB103 25489 AMQ 51838 b
The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the General
Assembly. The requirement for reporting to the General
Assembly shall be satisfied by filing copies of the report as
required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate
of reimbursement for services or other payments in accordance
with Section 5-5e.
Because kidney transplantation can be an appropriate,
cost-effective alternative to renal dialysis when medically
necessary and notwithstanding the provisions of Section 1-11
of this Code, beginning October 1, 2014, the Department shall
cover kidney transplantation for noncitizens with end-stage

SB1586 - 39 - LRB103 25489 AMQ 51838 b
renal disease who are not eligible for comprehensive medical
benefits, who meet the residency requirements of Section 5-3
of this Code, and who would otherwise meet the financial
requirements of the appropriate class of eligible persons
under Section 5-2 of this Code. To qualify for coverage of
kidney transplantation, such person must be receiving
emergency renal dialysis services covered by the Department.
Providers under this Section shall be prior approved and
certified by the Department to perform kidney transplantation
and the services under this Section shall be limited to
services associated with kidney transplantation.
Notwithstanding any other provision of this Code to the
contrary, on or after July 1, 2015, all FDA approved forms of
medication assisted treatment prescribed for the treatment of
alcohol dependence or treatment of opioid dependence shall be
covered under both fee for service and managed care medical
assistance programs for persons who are otherwise eligible for
medical assistance under this Article and shall not be subject
to any (1) utilization control, other than those established
under the American Society of Addiction Medicine patient
placement criteria, (2) prior authorization mandate, or (3)
lifetime restriction limit mandate.
On or after July 1, 2015, opioid antagonists prescribed
for the treatment of an opioid overdose, including the
medication product, administration devices, and any pharmacy
fees or hospital fees related to the dispensing, distribution,

SB1586 - 40 - LRB103 25489 AMQ 51838 b
and administration of the opioid antagonist, shall be covered
under the medical assistance program for persons who are
otherwise eligible for medical assistance under this Article.
As used in this Section, "opioid antagonist" means a drug that
binds to opioid receptors and blocks or inhibits the effect of
opioids acting on those receptors, including, but not limited
to, naloxone hydrochloride or any other similarly acting drug
approved by the U.S. Food and Drug Administration. The
Department shall not impose a copayment on the coverage
provided for naloxone hydrochloride under the medical
assistance program.
Upon federal approval, the Department shall provide
coverage and reimbursement for all drugs that are approved for
marketing by the federal Food and Drug Administration and that
are recommended by the federal Public Health Service or the
United States Centers for Disease Control and Prevention for
pre-exposure prophylaxis and related pre-exposure prophylaxis
services, including, but not limited to, HIV and sexually
transmitted infection screening, treatment for sexually
transmitted infections, medical monitoring, assorted labs, and
counseling to reduce the likelihood of HIV infection among
individuals who are not infected with HIV but who are at high
risk of HIV infection.
A federally qualified health center, as defined in Section
1905(l)(2)(B) of the federal Social Security Act, shall be
reimbursed by the Department in accordance with the federally

SB1586 - 41 - LRB103 25489 AMQ 51838 b
qualified health center's encounter rate for services provided
to medical assistance recipients that are performed by a
dental hygienist, as defined under the Illinois Dental
Practice Act, working under the general supervision of a
dentist and employed by a federally qualified health center.
Within 90 days after October 8, 2021 (the effective date
of Public Act 102-665), the Department shall seek federal
approval of a State Plan amendment to expand coverage for
family planning services that includes presumptive eligibility
to individuals whose income is at or below 208% of the federal
poverty level. Coverage under this Section shall be effective
beginning no later than December 1, 2022.
Subject to approval by the federal Centers for Medicare
and Medicaid Services of a Title XIX State Plan amendment
electing the Program of All-Inclusive Care for the Elderly
(PACE) as a State Medicaid option, as provided for by Subtitle
I (commencing with Section 4801) of Title IV of the Balanced
Budget Act of 1997 (Public Law 105-33) and Part 460
(commencing with Section 460.2) of Subchapter E of Title 42 of
the Code of Federal Regulations, PACE program services shall
become a covered benefit of the medical assistance program,
subject to criteria established in accordance with all
applicable laws.
Notwithstanding any other provision of this Code,
community-based pediatric palliative care from a trained
interdisciplinary team shall be covered under the medical

SB1586 - 42 - LRB103 25489 AMQ 51838 b
assistance program as provided in Section 15 of the Pediatric
Palliative Care Act.
Notwithstanding any other provision of this Code, within
12 months after June 2, 2022 (the effective date of Public Act
102-1037) this amendatory Act of the 102nd General Assembly
and subject to federal approval, acupuncture services
performed by an acupuncturist licensed under the Acupuncture
Practice Act who is acting within the scope of his or her
license shall be covered under the medical assistance program.
The Department shall apply for any federal waiver or State
Plan amendment, if required, to implement this paragraph. The
Department may adopt any rules, including standards and
criteria, necessary to implement this paragraph.
Notwithstanding any other provision of this Code, the
Department shall provide coverage and reimbursement for
prescription management services provided by prescribing
psychologists for persons who are otherwise eligible for
medical assistance under this Article.
(Source: P.A. 101-209, eff. 8-5-19; 101-580, eff. 1-1-20;
102-43, Article 30, Section 30-5, eff. 7-6-21; 102-43, Article
35, Section 35-5, eff. 7-6-21; 102-43, Article 55, Section
55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123, eff. 1-1-22;
102-558, eff. 8-20-21; 102-598, eff. 1-1-22; 102-655, eff.
1-1-22; 102-665, eff. 10-8-21; 102-813, eff. 5-13-22;
102-1018, eff. 1-1-23; 102-1037, eff. 6-2-22; 102-1038 eff.
1-1-23; revised 12-14-22.)

SB1586 - 43 - LRB103 25489 AMQ 51838 b
Section 15. 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
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

SB1586 - 44 - LRB103 25489 AMQ 51838 b
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
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

SB1586 - 45 - LRB103 25489 AMQ 51838 b
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
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

SB1586 - 46 - LRB103 25489 AMQ 51838 b
(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
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

SB1586 - 47 - LRB103 25489 AMQ 51838 b
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
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

SB1586 - 48 - LRB103 25489 AMQ 51838 b
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
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

SB1586 - 49 - LRB103 25489 AMQ 51838 b
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
(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

SB1586 - 50 - LRB103 25489 AMQ 51838 b
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,
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.)

SB1586 - 51 - LRB103 25489 AMQ 51838 b