Bill Text: IL HB5156 | 2017-2018 | 100th General Assembly | Introduced

---

Bill Title: Amends the Nurse Practice Act. In provisions concerning written collaborative agreements, restores the ability of podiatric physicians to collaborate with advanced practice registered nurses. Makes other changes. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5156 Detail]

Download: Illinois-2017-HB5156-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5156 Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
225 ILCS 65/65-35.1
225 ILCS 65/65-40 was 225 ILCS 65/15-20
Amends the Nurse Practice Act. In provisions concerning written collaborative agreements, restores the ability of podiatric physicians to collaborate with advanced practice registered nurses. Makes other changes. Effective immediately.
LRB100 17650 XWW 32821 b
A BILL FOR
HB5156 LRB100 17650 XWW 32821 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nurse Practice Act is amended by changing
Sections 65-35.1 and 65-40 as follows:
(225 ILCS 65/65-35.1)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-35.1. Written collaborative agreement; temporary
practice. Any advanced practice registered nurse required to
enter into a written collaborative agreement with a
collaborating physician or collaborating podiatrist is
authorized to continue to practice for up to 90 days after the
termination of a collaborative agreement provided the advanced
practice registered nurse seeks any needed collaboration at a
local hospital and refers patients who require services beyond
the training and experience of the advanced practice registered
nurse to a physician or other health care provider.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
(225 ILCS 65/65-40) (was 225 ILCS 65/15-20)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-40. Written collaborative agreement; prescriptive
authority.

HB5156 - 2 - LRB100 17650 XWW 32821 b
(a) A collaborating physician or podiatric physician may,
but is not required to, delegate prescriptive authority to an
advanced practice registered nurse as part of a written
collaborative agreement. This authority may, but is not
required to, include prescription of, selection of, orders for,
administration of, storage of, acceptance of samples of, and
dispensing over the counter medications, legend drugs, medical
gases, and controlled substances categorized as any Schedule
III through V controlled substances, as defined in Article II
of the Illinois Controlled Substances Act, and other
preparations, including, but not limited to, botanical and
herbal remedies. The collaborating physician or podiatric
physician must have a valid current Illinois controlled
substance license and federal registration to delegate
authority to prescribe delegated controlled substances.
(b) To prescribe controlled substances under this Section,
an advanced practice registered nurse must obtain a mid-level
practitioner controlled substance license. Medication orders
shall be reviewed periodically by the collaborating physician
or podiatric physician.
(c) The collaborating physician or podiatric physician o
shall file with the Department and the Prescription Monitoring
Program notice of delegation of prescriptive authority and
termination of such delegation, in accordance with rules of the
Department. Upon receipt of this notice delegating authority to
prescribe any Schedule III through V controlled substances, the

HB5156 - 3 - LRB100 17650 XWW 32821 b
licensed advanced practice registered nurse shall be eligible
to register for a mid-level practitioner controlled substance
license under Section 303.05 of the Illinois Controlled
Substances Act.
(d) In addition to the requirements of subsections (a),
(b), and (c) of this Section, a collaborating physician or
podiatric physician may, but is not required to, delegate
authority to an advanced practice registered nurse to prescribe
any Schedule II controlled substances, if all of the following
conditions apply:
(1) 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 or podiatric 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.
(2) Any delegation must be controlled substances that
the collaborating physician or podiatric physician
prescribes.
(3) Any prescription must be limited to no more than a
30-day supply, with any continuation authorized only after
prior approval of the collaborating physician or podiatric

HB5156 - 4 - LRB100 17650 XWW 32821 b
physician.
(4) The advanced practice registered nurse must
discuss the condition of any patients for whom a controlled
substance is prescribed monthly with the delegating
physician.
(5) The advanced practice registered nurse meets the
education requirements of Section 303.05 of the Illinois
Controlled Substances Act.
(e) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons. Nothing in this Act shall be construed to limit the
method of delegation that may be authorized by any means,
including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
(f) Nothing in this Section shall be construed to apply to
any medication authority including Schedule II controlled
substances of an advanced practice registered nurse for care
provided in a hospital, hospital affiliate, or ambulatory
surgical treatment center pursuant to Section 65-45.
(g) (Blank).
(h) Nothing in this Section shall be construed to prohibit
generic substitution.
(i) Nothing in this Section shall be construed to apply to
an advanced practice registered nurse who meets the
requirements of Section 65-43.

HB5156 - 5 - LRB100 17650 XWW 32821 b
(Source: P.A. 100-513, eff. 1-1-18.)