Bill Text: IL SB1908 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Nurse Practice Act. Provides that a certified nurse midwife with full practice authority may enter into a written collaborative agreement with an advanced practice registered nurse. Provides that an advanced practice registered nurse certified as a nurse midwife may enter into a written collaborative agreement with an advanced practice registered nurse with full practice authority who is certified as a nurse midwife or a physician. Provides that, for an advanced practice registered nurse certified as a nurse midwife, the clinical experience shall be in collaboration with a certified nurse midwife with full practice authority. Makes conforming changes in provisions concerning written collaborative agreements, prescriptive authority under a written collaborative agreement, and full practice authority.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2025-03-21 - Rule 3-9(a) / Re-referred to Assignments [SB1908 Detail]
Download: Illinois-2025-SB1908-Introduced.html
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| 1 | AN ACT concerning regulation.
| |||||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||
| 3 | represented in the General Assembly:
| |||||||||||||||||||||||||
| 4 | Section 5. The Nurse Practice Act is amended by changing | |||||||||||||||||||||||||
| 5 | Sections 50-10, 65-35, 65-40, and 65-43 as follows:
| |||||||||||||||||||||||||
| 6 | (225 ILCS 65/50-10) (was 225 ILCS 65/5-10) | |||||||||||||||||||||||||
| 7 | (Section scheduled to be repealed on January 1, 2028) | |||||||||||||||||||||||||
| 8 | Sec. 50-10. Definitions. Each of the following terms, when | |||||||||||||||||||||||||
| 9 | used in this Act, shall have the meaning ascribed to it in this | |||||||||||||||||||||||||
| 10 | Section, except where the context clearly indicates otherwise: | |||||||||||||||||||||||||
| 11 | "Academic year" means the customary annual schedule of | |||||||||||||||||||||||||
| 12 | courses at a college, university, or approved school, | |||||||||||||||||||||||||
| 13 | customarily regarded as the school year as distinguished from | |||||||||||||||||||||||||
| 14 | the calendar year. | |||||||||||||||||||||||||
| 15 | "Address of record" means the designated address recorded | |||||||||||||||||||||||||
| 16 | by the Department in the applicant's or licensee's application | |||||||||||||||||||||||||
| 17 | file or license file as maintained by the Department's | |||||||||||||||||||||||||
| 18 | licensure maintenance unit. | |||||||||||||||||||||||||
| 19 | "Advanced practice registered nurse" or "APRN" means a | |||||||||||||||||||||||||
| 20 | person who has met the qualifications for a (i) certified | |||||||||||||||||||||||||
| 21 | nurse midwife (CNM); (ii) certified nurse practitioner (CNP); | |||||||||||||||||||||||||
| 22 | (iii) certified registered nurse anesthetist (CRNA); or (iv) | |||||||||||||||||||||||||
| 23 | clinical nurse specialist (CNS) and has been licensed by the | |||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | Department. All advanced practice registered nurses licensed | ||||||
| 2 | and practicing in the State of Illinois shall use the title | ||||||
| 3 | APRN and may use specialty credentials CNM, CNP, CRNA, or CNS | ||||||
| 4 | after their name. All advanced practice registered nurses may | ||||||
| 5 | only practice in accordance with national certification and | ||||||
| 6 | this Act. | ||||||
| 7 | "Advisory Board" means the Illinois Nursing Workforce | ||||||
| 8 | Center Advisory Board. | ||||||
| 9 | "Approved program of professional nursing education" and | ||||||
| 10 | "approved program of practical nursing education" are programs | ||||||
| 11 | of professional or practical nursing, respectively, approved | ||||||
| 12 | by the Department under the provisions of this Act. | ||||||
| 13 | "Board" means the Board of Nursing appointed by the | ||||||
| 14 | Secretary. | ||||||
| 15 | "Center" means the Illinois Nursing Workforce Center. | ||||||
| 16 | "Collaboration" means a process involving 2 or more health | ||||||
| 17 | care professionals working together, each contributing one's | ||||||
| 18 | respective area of expertise to provide more comprehensive | ||||||
| 19 | patient care. | ||||||
| 20 | "Competence" means an expected and measurable level of | ||||||
| 21 | performance that integrates knowledge, skills, abilities, and | ||||||
| 22 | judgment based on established scientific knowledge and | ||||||
| 23 | expectations for nursing practice. | ||||||
| 24 | "Comprehensive nursing assessment" means the gathering of | ||||||
| 25 | information about the patient's physiological, psychological, | ||||||
| 26 | sociological, and spiritual status on an ongoing basis by a | ||||||
| |||||||
| |||||||
| 1 | registered professional nurse and is the first step in | ||||||
| 2 | implementing and guiding the nursing plan of care. | ||||||
| 3 | "Consultation" means the process whereby an advanced | ||||||
| 4 | practice registered nurse seeks the advice or opinion of | ||||||
| 5 | another health care professional. | ||||||
| 6 | "Credentialed" means the process of assessing and | ||||||
| 7 | validating the qualifications of a health care professional. | ||||||
| 8 | "Dentist" means a person licensed to practice dentistry | ||||||
| 9 | under the Illinois Dental Practice Act. | ||||||
| 10 | "Department" means the Department of Financial and | ||||||
| 11 | Professional Regulation. | ||||||
| 12 | "Email address of record" means the designated email | ||||||
| 13 | address recorded by the Department in the applicant's | ||||||
| 14 | application file or the licensee's license file, as maintained | ||||||
| 15 | by the Department's licensure maintenance unit. | ||||||
| 16 | "Focused nursing assessment" means an appraisal of an | ||||||
| 17 | individual's status and current situation, contributing to the | ||||||
| 18 | comprehensive nursing assessment performed by the registered | ||||||
| 19 | professional nurse or advanced practice registered nurse or | ||||||
| 20 | the assessment by the physician assistant, physician, dentist, | ||||||
| 21 | podiatric physician, or other licensed health care | ||||||
| 22 | professional, as determined by the Department, supporting | ||||||
| 23 | ongoing data collection, and deciding who needs to be informed | ||||||
| 24 | of the information and when to inform. | ||||||
| 25 | "Full practice authority" means the authority of an | ||||||
| 26 | advanced practice registered nurse licensed in Illinois and | ||||||
| |||||||
| |||||||
| 1 | certified as a nurse practitioner, clinical nurse specialist, | ||||||
| 2 | or nurse midwife to practice without a written collaborative | ||||||
| 3 | agreement and: | ||||||
| 4 | (1) to be fully accountable to patients for the | ||||||
| 5 | quality of advanced nursing care rendered; | ||||||
| 6 | (2) to be fully accountable for recognizing limits of | ||||||
| 7 | knowledge and experience and for planning for the | ||||||
| 8 | management of situations beyond the advanced practice | ||||||
| 9 | registered nurse's expertise; the full practice authority | ||||||
| 10 | for advanced practice registered nurses includes accepting | ||||||
| 11 | referrals from, consulting with, collaborating with, or | ||||||
| 12 | referring to other health care professionals as warranted | ||||||
| 13 | by the needs of the patient; and | ||||||
| 14 | (3) to possess the authority to prescribe medications, | ||||||
| 15 | including Schedule II through V controlled substances, as | ||||||
| 16 | provided in Section 65-43. | ||||||
| 17 | "Full practice authority-pending advanced practice | ||||||
| 18 | registered nurse" means an advanced practice registered nurse | ||||||
| 19 | licensed in Illinois and certified as a nurse practitioner, | ||||||
| 20 | clinical nurse specialist, or nurse midwife who has provided a | ||||||
| 21 | notarized attestation of completion of at least 250 hours of | ||||||
| 22 | continuing education or training in the advanced practice | ||||||
| 23 | registered nurse's area of certification and at least 4,000 | ||||||
| 24 | hours of clinical experience after first attaining national | ||||||
| 25 | certification and who has submitted an application to the | ||||||
| 26 | Department to be granted full practice authority. | ||||||
| |||||||
| |||||||
| 1 | "Hospital affiliate" means a corporation, partnership, | ||||||
| 2 | joint venture, limited liability company, or similar | ||||||
| 3 | organization, other than a hospital, that is devoted primarily | ||||||
| 4 | to the provision, management, or support of health care | ||||||
| 5 | services and that directly or indirectly controls, is | ||||||
| 6 | controlled by, or is under common control of the hospital. For | ||||||
| 7 | the purposes of this definition, "control" means having at | ||||||
| 8 | least an equal or a majority ownership or membership interest. | ||||||
| 9 | A hospital affiliate shall be 100% owned or controlled by any | ||||||
| 10 | combination of hospitals, their parent corporations, or | ||||||
| 11 | physicians licensed to practice medicine in all its branches | ||||||
| 12 | in Illinois. "Hospital affiliate" does not include a health | ||||||
| 13 | maintenance organization regulated under the Health | ||||||
| 14 | Maintenance Organization Act. | ||||||
| 15 | "Impaired nurse" means a nurse licensed under this Act who | ||||||
| 16 | is unable to practice with reasonable skill and safety because | ||||||
| 17 | of a physical or mental disability as evidenced by a written | ||||||
| 18 | determination or written consent based on clinical evidence, | ||||||
| 19 | including loss of motor skills, abuse of drugs or alcohol, or a | ||||||
| 20 | psychiatric disorder, of sufficient degree to diminish his or | ||||||
| 21 | her ability to deliver competent patient care. | ||||||
| 22 | "License-pending advanced practice registered nurse" means | ||||||
| 23 | a registered professional nurse who has completed all | ||||||
| 24 | requirements for licensure as an advanced practice registered | ||||||
| 25 | nurse except the certification examination and has applied to | ||||||
| 26 | take the next available certification exam and received a | ||||||
| |||||||
| |||||||
| 1 | temporary permit from the Department. | ||||||
| 2 | "License-pending registered nurse" means a person who has | ||||||
| 3 | passed the Department-approved registered nurse licensure exam | ||||||
| 4 | and has applied for a license from the Department. A | ||||||
| 5 | license-pending registered nurse shall use the title "RN lic | ||||||
| 6 | pend" on all documentation related to nursing practice. | ||||||
| 7 | "Nursing intervention" means any treatment based on | ||||||
| 8 | clinical nursing judgment or knowledge that a nurse performs. | ||||||
| 9 | An individual or entity shall not mandate that a registered | ||||||
| 10 | professional nurse delegate nursing interventions if the | ||||||
| 11 | registered professional nurse determines it is inappropriate | ||||||
| 12 | to do so. A nurse shall not be subject to disciplinary or any | ||||||
| 13 | other adverse action for refusing to delegate a nursing | ||||||
| 14 | intervention based on patient safety. | ||||||
| 15 | "Physician" means a person licensed to practice medicine | ||||||
| 16 | in all its branches under the Medical Practice Act of 1987. | ||||||
| 17 | "Podiatric physician" means a person licensed to practice | ||||||
| 18 | podiatry under the Podiatric Medical Practice Act of 1987. | ||||||
| 19 | "Practical nurse" or "licensed practical nurse" means a | ||||||
| 20 | person who is licensed as a practical nurse under this Act and | ||||||
| 21 | practices practical nursing as defined in this Act. Only a | ||||||
| 22 | practical nurse licensed under this Act is entitled to use the | ||||||
| 23 | title "licensed practical nurse" and the abbreviation | ||||||
| 24 | "L.P.N.". | ||||||
| 25 | "Practical nursing" means the performance of nursing | ||||||
| 26 | interventions requiring the nursing knowledge, judgment, and | ||||||
| |||||||
| |||||||
| 1 | skill acquired by means of completion of an approved practical | ||||||
| 2 | nursing education program. Practical nursing includes | ||||||
| 3 | assisting in the nursing process under the guidance of a | ||||||
| 4 | registered professional nurse or an advanced practice | ||||||
| 5 | registered nurse. The practical nurse may work under the | ||||||
| 6 | direction of a licensed physician, dentist, podiatric | ||||||
| 7 | physician, or other health care professional determined by the | ||||||
| 8 | Department. | ||||||
| 9 | "Privileged" means the authorization granted by the | ||||||
| 10 | governing body of a healthcare facility, agency, or | ||||||
| 11 | organization to provide specific patient care services within | ||||||
| 12 | well-defined limits, based on qualifications reviewed in the | ||||||
| 13 | credentialing process. | ||||||
| 14 | "Registered Nurse" or "Registered Professional Nurse" | ||||||
| 15 | means a person who is licensed as a professional nurse under | ||||||
| 16 | this Act and practices nursing as defined in this Act. Only a | ||||||
| 17 | registered nurse licensed under this Act is entitled to use | ||||||
| 18 | the titles "registered nurse" and "registered professional | ||||||
| 19 | nurse" and the abbreviation, "R.N.". | ||||||
| 20 | "Registered professional nursing practice" means a | ||||||
| 21 | scientific process founded on a professional body of knowledge | ||||||
| 22 | that includes, but is not limited to, the protection, | ||||||
| 23 | promotion, and optimization of health and abilities, | ||||||
| 24 | prevention of illness and injury, development and | ||||||
| 25 | implementation of the nursing plan of care, facilitation of | ||||||
| 26 | nursing interventions to alleviate suffering, care | ||||||
| |||||||
| |||||||
| 1 | coordination, and advocacy in the care of individuals, | ||||||
| 2 | families, groups, communities, and populations. "Registered | ||||||
| 3 | professional nursing practice" does not include the act of | ||||||
| 4 | medical diagnosis or prescription of medical therapeutic or | ||||||
| 5 | corrective measures. | ||||||
| 6 | "Professional assistance program for nurses" means a | ||||||
| 7 | professional assistance program that meets criteria | ||||||
| 8 | established by the Board of Nursing and approved by the | ||||||
| 9 | Secretary, which provides a non-disciplinary treatment | ||||||
| 10 | approach for nurses licensed under this Act whose ability to | ||||||
| 11 | practice is compromised by alcohol or chemical substance | ||||||
| 12 | addiction. | ||||||
| 13 | "Secretary" means the Secretary of Financial and | ||||||
| 14 | Professional Regulation. | ||||||
| 15 | "Unencumbered license" means a license issued in good | ||||||
| 16 | standing. | ||||||
| 17 | "Written collaborative agreement" means a written | ||||||
| 18 | agreement between an advanced practice registered nurse and a | ||||||
| 19 | collaborating physician, dentist, certified nurse midwife with | ||||||
| 20 | full practice authority, or podiatric physician pursuant to | ||||||
| 21 | Section 65-35. | ||||||
| 22 | (Source: P.A. 103-154, eff. 6-30-23; 103-686, eff. 1-1-25.)
| ||||||
| 23 | (225 ILCS 65/65-35) (was 225 ILCS 65/15-15) | ||||||
| 24 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 25 | Sec. 65-35. Written collaborative agreements. | ||||||
| |||||||
| |||||||
| 1 | (a) A written collaborative agreement is required for all | ||||||
| 2 | advanced practice registered nurses engaged in clinical | ||||||
| 3 | practice prior to meeting the requirements of Section 65-43, | ||||||
| 4 | except for advanced practice registered nurses who are | ||||||
| 5 | privileged to practice in a hospital, hospital affiliate, or | ||||||
| 6 | ambulatory surgical treatment center. | ||||||
| 7 | (a-5) If an advanced practice registered nurse engages in | ||||||
| 8 | clinical practice outside of a hospital, hospital affiliate, | ||||||
| 9 | or ambulatory surgical treatment center in which he or she is | ||||||
| 10 | privileged to practice, the advanced practice registered nurse | ||||||
| 11 | must have a written collaborative agreement, except as set | ||||||
| 12 | forth in Section 65-43. | ||||||
| 13 | (b) A written collaborative agreement shall describe the | ||||||
| 14 | relationship of the advanced practice registered nurse with | ||||||
| 15 | the collaborating physician or certified nurse midwife with | ||||||
| 16 | full practice authority and shall describe the categories of | ||||||
| 17 | care, treatment, or procedures to be provided by the advanced | ||||||
| 18 | practice registered nurse. A collaborative agreement with a | ||||||
| 19 | podiatric physician must be in accordance with subsection | ||||||
| 20 | (c-5) or (c-15) of this Section. A collaborative agreement | ||||||
| 21 | with a dentist must be in accordance with subsection (c-10) of | ||||||
| 22 | this Section. A collaborative agreement with a podiatric | ||||||
| 23 | physician must be in accordance with subsection (c-5) of this | ||||||
| 24 | Section. A collaborative agreement between an advanced | ||||||
| 25 | practice registered nurse certified as a certified nurse | ||||||
| 26 | midwife and a certified nurse midwife with full practice | ||||||
| |||||||
| |||||||
| 1 | authority must be in accordance with subsection (c-20) of this | ||||||
| 2 | Section. Collaboration does not require an employment | ||||||
| 3 | relationship between the collaborating physician or certified | ||||||
| 4 | nurse midwife with full practice authority and the advanced | ||||||
| 5 | practice registered nurse. | ||||||
| 6 | The collaborative relationship under an agreement shall | ||||||
| 7 | not be construed to require the personal presence of a | ||||||
| 8 | collaborating physician or certified nurse midwife with full | ||||||
| 9 | practice authority at the place where services are rendered. | ||||||
| 10 | Methods of communication shall be available for consultation | ||||||
| 11 | with the collaborating physician or certified nurse midwife | ||||||
| 12 | with full practice authority in person or by | ||||||
| 13 | telecommunications or electronic communications as set forth | ||||||
| 14 | in the written agreement. | ||||||
| 15 | (b-5) Absent an employment relationship, a written | ||||||
| 16 | collaborative agreement may not (1) restrict the categories of | ||||||
| 17 | patients of an advanced practice registered nurse within the | ||||||
| 18 | scope of the advanced practice registered nurses training and | ||||||
| 19 | experience, (2) limit third party payors or government health | ||||||
| 20 | programs, such as the medical assistance program or Medicare | ||||||
| 21 | with which the advanced practice registered nurse contracts, | ||||||
| 22 | or (3) limit the geographic area or practice location of the | ||||||
| 23 | advanced practice registered nurse in this State. | ||||||
| 24 | (c) In the case of anesthesia services provided by a | ||||||
| 25 | certified registered nurse anesthetist, an anesthesiologist, a | ||||||
| 26 | physician, a dentist, or a podiatric physician must | ||||||
| |||||||
| |||||||
| 1 | participate through discussion of and agreement with the | ||||||
| 2 | anesthesia plan and remain physically present and available on | ||||||
| 3 | the premises during the delivery of anesthesia services for | ||||||
| 4 | diagnosis, consultation, and treatment of emergency medical | ||||||
| 5 | conditions. | ||||||
| 6 | (c-5) A certified registered nurse anesthetist, who | ||||||
| 7 | provides anesthesia services outside of a hospital or | ||||||
| 8 | ambulatory surgical treatment center shall enter into a | ||||||
| 9 | written collaborative agreement with an anesthesiologist or | ||||||
| 10 | the physician licensed to practice medicine in all its | ||||||
| 11 | branches or the podiatric physician performing the procedure. | ||||||
| 12 | Outside of a hospital or ambulatory surgical treatment center, | ||||||
| 13 | the certified registered nurse anesthetist may provide only | ||||||
| 14 | those services that the collaborating podiatric physician is | ||||||
| 15 | authorized to provide pursuant to the Podiatric Medical | ||||||
| 16 | Practice Act of 1987 and rules adopted thereunder. A certified | ||||||
| 17 | registered nurse anesthetist may select, order, and administer | ||||||
| 18 | medication, including controlled substances, and apply | ||||||
| 19 | appropriate medical devices for delivery of anesthesia | ||||||
| 20 | services under the anesthesia plan agreed with by the | ||||||
| 21 | anesthesiologist or the operating physician or operating | ||||||
| 22 | podiatric physician. | ||||||
| 23 | (c-10) A certified registered nurse anesthetist who | ||||||
| 24 | provides anesthesia services in a dental office shall enter | ||||||
| 25 | into a written collaborative agreement with an | ||||||
| 26 | anesthesiologist or the physician licensed to practice | ||||||
| |||||||
| |||||||
| 1 | medicine in all its branches or the operating dentist | ||||||
| 2 | performing the procedure. The agreement shall describe the | ||||||
| 3 | working relationship of the certified registered nurse | ||||||
| 4 | anesthetist and dentist and shall authorize the categories of | ||||||
| 5 | care, treatment, or procedures to be performed by the | ||||||
| 6 | certified registered nurse anesthetist. In a collaborating | ||||||
| 7 | dentist's office, the certified registered nurse anesthetist | ||||||
| 8 | may only provide those services that the operating dentist | ||||||
| 9 | with the appropriate permit is authorized to provide pursuant | ||||||
| 10 | to the Illinois Dental Practice Act and rules adopted | ||||||
| 11 | thereunder. For anesthesia services, an anesthesiologist, | ||||||
| 12 | physician, or operating dentist shall participate through | ||||||
| 13 | discussion of and agreement with the anesthesia plan and shall | ||||||
| 14 | remain physically present and be available on the premises | ||||||
| 15 | during the delivery of anesthesia services for diagnosis, | ||||||
| 16 | consultation, and treatment of emergency medical conditions. A | ||||||
| 17 | certified registered nurse anesthetist may select, order, and | ||||||
| 18 | administer medication, including controlled substances, and | ||||||
| 19 | apply appropriate medical devices for delivery of anesthesia | ||||||
| 20 | services under the anesthesia plan agreed with by the | ||||||
| 21 | operating dentist. | ||||||
| 22 | (c-15) An advanced practice registered nurse who had a | ||||||
| 23 | written collaborative agreement with a podiatric physician | ||||||
| 24 | immediately before the effective date of Public Act 100-513 | ||||||
| 25 | may continue in that collaborative relationship or enter into | ||||||
| 26 | a new written collaborative relationship with a podiatric | ||||||
| |||||||
| |||||||
| 1 | physician under the requirements of this Section and Section | ||||||
| 2 | 65-40, as those Sections existed immediately before the | ||||||
| 3 | amendment of those Sections by Public Act 100-513 with regard | ||||||
| 4 | to a written collaborative agreement between an advanced | ||||||
| 5 | practice registered nurse and a podiatric physician. | ||||||
| 6 | (c-20) An advanced practice registered nurse certified as | ||||||
| 7 | a certified nurse midwife may enter into a written | ||||||
| 8 | collaborative agreement with a certified nurse midwife with | ||||||
| 9 | full practice authority or a physician. | ||||||
| 10 | (d) A copy of the signed, written collaborative agreement | ||||||
| 11 | must be available to the Department upon request from both the | ||||||
| 12 | advanced practice registered nurse and the collaborating | ||||||
| 13 | physician, dentist, certified nurse midwife with full practice | ||||||
| 14 | authority, or podiatric physician. | ||||||
| 15 | (e) Nothing in this Act shall be construed to limit the | ||||||
| 16 | delegation of tasks or duties by a physician to a licensed | ||||||
| 17 | practical nurse, a registered professional nurse, or other | ||||||
| 18 | persons in accordance with Section 54.2 of the Medical | ||||||
| 19 | Practice Act of 1987. Nothing in this Act shall be construed to | ||||||
| 20 | limit the method of delegation that may be authorized by any | ||||||
| 21 | means, including, but not limited to, oral, written, | ||||||
| 22 | electronic, standing orders, protocols, guidelines, or verbal | ||||||
| 23 | orders. | ||||||
| 24 | (e-5) Nothing in this Act shall be construed to authorize | ||||||
| 25 | an advanced practice registered nurse to provide health care | ||||||
| 26 | services required by law or rule to be performed by a | ||||||
| |||||||
| |||||||
| 1 | physician. The scope of practice of an advanced practice | ||||||
| 2 | registered nurse does not include operative surgery. Nothing | ||||||
| 3 | in this Section shall be construed to preclude an advanced | ||||||
| 4 | practice registered nurse from assisting in surgery. | ||||||
| 5 | (f) An advanced practice registered nurse shall inform | ||||||
| 6 | each collaborating physician, dentist, certified nurse midwife | ||||||
| 7 | with full practice authority, or podiatric physician of all | ||||||
| 8 | collaborative agreements he or she has signed and provide a | ||||||
| 9 | copy of these to any collaborating physician, dentist, | ||||||
| 10 | certified nurse midwife with full practice authority, or | ||||||
| 11 | podiatric physician upon request. | ||||||
| 12 | (g) (Blank). | ||||||
| 13 | (Source: P.A. 100-513, eff. 1-1-18; 100-577, eff. 1-26-18; | ||||||
| 14 | 100-1096, eff. 8-26-18; 101-13, eff. 6-12-19.)
| ||||||
| 15 | (225 ILCS 65/65-40) (was 225 ILCS 65/15-20) | ||||||
| 16 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 17 | Sec. 65-40. Written collaborative agreement; prescriptive | ||||||
| 18 | authority. | ||||||
| 19 | (a) A collaborating physician or certified nurse midwife | ||||||
| 20 | with full practice authority may, but is not required to, | ||||||
| 21 | delegate prescriptive authority to an advanced practice | ||||||
| 22 | registered nurse as part of a written collaborative agreement. | ||||||
| 23 | This authority may, but is not required to, include | ||||||
| 24 | prescription of, selection of, orders for, administration of, | ||||||
| 25 | storage of, acceptance of samples of, and dispensing over the | ||||||
| |||||||
| |||||||
| 1 | counter medications, legend drugs, medical gases, and | ||||||
| 2 | controlled substances categorized as any Schedule III through | ||||||
| 3 | V controlled substances, as defined in Article II of the | ||||||
| 4 | Illinois Controlled Substances Act, and other preparations, | ||||||
| 5 | including, but not limited to, botanical and herbal remedies. | ||||||
| 6 | The collaborating physician must have a valid current Illinois | ||||||
| 7 | controlled substance license and federal registration to | ||||||
| 8 | delegate authority to prescribe delegated controlled | ||||||
| 9 | substances. | ||||||
| 10 | (b) To prescribe controlled substances under this Section, | ||||||
| 11 | an advanced practice registered nurse must obtain a mid-level | ||||||
| 12 | practitioner controlled substance license. Medication orders | ||||||
| 13 | shall be reviewed periodically by the collaborating physician. | ||||||
| 14 | (c) The collaborating physician or certified nurse midwife | ||||||
| 15 | with full practice authority shall file with the Department | ||||||
| 16 | and the Prescription Monitoring Program notice of delegation | ||||||
| 17 | of prescriptive authority and termination of such delegation, | ||||||
| 18 | in accordance with rules of the Department. Upon receipt of | ||||||
| 19 | this notice delegating authority to prescribe any Schedule III | ||||||
| 20 | through V controlled substances, the licensed advanced | ||||||
| 21 | practice registered nurse shall be eligible to register for a | ||||||
| 22 | mid-level practitioner controlled substance license under | ||||||
| 23 | Section 303.05 of the Illinois Controlled Substances Act. | ||||||
| 24 | (d) In addition to the requirements of subsections (a), | ||||||
| 25 | (b), and (c) of this Section, a collaborating physician or | ||||||
| 26 | certified nurse midwife with full practice authority may, but | ||||||
| |||||||
| |||||||
| 1 | is not required to, delegate authority to an advanced practice | ||||||
| 2 | registered nurse to prescribe any Schedule II controlled | ||||||
| 3 | substances, if all of the following conditions apply: | ||||||
| 4 | (1) Specific Schedule II controlled substances by oral | ||||||
| 5 | dosage or topical or transdermal application may be | ||||||
| 6 | delegated, provided that the delegated Schedule II | ||||||
| 7 | controlled substances are routinely prescribed by the | ||||||
| 8 | collaborating physician or certified nurse midwife with | ||||||
| 9 | full practice authority. This delegation must identify the | ||||||
| 10 | specific Schedule II controlled substances by either brand | ||||||
| 11 | name or generic name. Schedule II controlled substances to | ||||||
| 12 | be delivered by injection or other route of administration | ||||||
| 13 | may not be delegated. | ||||||
| 14 | (2) Any delegation must be controlled substances that | ||||||
| 15 | the collaborating physician or certified nurse midwife | ||||||
| 16 | with full practice authority prescribes. | ||||||
| 17 | (3) Any prescription must be limited to no more than a | ||||||
| 18 | 30-day supply, with any continuation authorized only after | ||||||
| 19 | prior approval of the collaborating physician or certified | ||||||
| 20 | nurse midwife with full practice authority. | ||||||
| 21 | (4) The advanced practice registered nurse must | ||||||
| 22 | discuss the condition of any patients for whom a | ||||||
| 23 | controlled substance is prescribed monthly with the | ||||||
| 24 | delegating physician or certified nurse midwife with full | ||||||
| 25 | practice authority. | ||||||
| 26 | (5) The advanced practice registered nurse meets the | ||||||
| |||||||
| |||||||
| 1 | education requirements of Section 303.05 of the Illinois | ||||||
| 2 | Controlled Substances Act. | ||||||
| 3 | (e) Nothing in this Act shall be construed to limit the | ||||||
| 4 | delegation of tasks or duties by a physician to a licensed | ||||||
| 5 | practical nurse, a registered professional nurse, or other | ||||||
| 6 | persons. Nothing in this Act shall be construed to limit the | ||||||
| 7 | method of delegation that may be authorized by any means, | ||||||
| 8 | including, but not limited to, oral, written, electronic, | ||||||
| 9 | standing orders, protocols, guidelines, or verbal orders. | ||||||
| 10 | (f) Nothing in this Section shall be construed to apply to | ||||||
| 11 | any medication authority including Schedule II controlled | ||||||
| 12 | substances of an advanced practice registered nurse for care | ||||||
| 13 | provided in a hospital, hospital affiliate, or ambulatory | ||||||
| 14 | surgical treatment center pursuant to Section 65-45. | ||||||
| 15 | (g) (Blank). | ||||||
| 16 | (h) Nothing in this Section shall be construed to prohibit | ||||||
| 17 | generic substitution. | ||||||
| 18 | (i) Nothing in this Section shall be construed to apply to | ||||||
| 19 | an advanced practice registered nurse who meets the | ||||||
| 20 | requirements of Section 65-43. | ||||||
| 21 | (Source: P.A. 100-513, eff. 1-1-18; 101-81, eff. 7-12-19.)
| ||||||
| 22 | (225 ILCS 65/65-43) | ||||||
| 23 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 24 | Sec. 65-43. Full practice authority. | ||||||
| 25 | (a) An Illinois-licensed advanced practice registered | ||||||
| |||||||
| |||||||
| 1 | nurse certified as a nurse practitioner, nurse midwife, or | ||||||
| 2 | clinical nurse specialist shall be deemed by law to possess | ||||||
| 3 | the ability to practice without a written collaborative | ||||||
| 4 | agreement as set forth in this Section. | ||||||
| 5 | (b) An advanced practice registered nurse certified as a | ||||||
| 6 | nurse midwife, clinical nurse specialist, or nurse | ||||||
| 7 | practitioner who files with the Department a notarized | ||||||
| 8 | attestation of completion of at least 250 hours of continuing | ||||||
| 9 | education or training and at least 4,000 hours of clinical | ||||||
| 10 | experience after first attaining national certification shall | ||||||
| 11 | not require a written collaborative agreement. Documentation | ||||||
| 12 | of successful completion shall be provided to the Department | ||||||
| 13 | upon request. | ||||||
| 14 | Continuing education or training hours required by | ||||||
| 15 | subsection (b) shall be in the advanced practice registered | ||||||
| 16 | nurse's area of certification as set forth by Department rule. | ||||||
| 17 | The clinical experience must be in the advanced practice | ||||||
| 18 | registered nurse's area of certification. The clinical | ||||||
| 19 | experience shall be in collaboration with a physician or | ||||||
| 20 | physicians. For an advanced practice registered nurse | ||||||
| 21 | certified as a nurse midwife, the clinical experience shall be | ||||||
| 22 | in collaboration with a certified nurse midwife with full | ||||||
| 23 | practice authority. Completion of the clinical experience must | ||||||
| 24 | be attested to by the collaborating physician or physicians, | ||||||
| 25 | collaborating certified nurse midwife with full practice | ||||||
| 26 | authority, or employer and the advanced practice registered | ||||||
| |||||||
| |||||||
| 1 | nurse. If the collaborating physician or physicians, | ||||||
| 2 | collaborating certified nurse midwife with full practice | ||||||
| 3 | authority, or employer is unable to attest to the completion | ||||||
| 4 | of the clinical experience, the Department may accept other | ||||||
| 5 | evidence of clinical experience as established by rule. | ||||||
| 6 | (c) The scope of practice of an advanced practice | ||||||
| 7 | registered nurse with full practice authority includes: | ||||||
| 8 | (1) all matters included in subsection (c) of Section | ||||||
| 9 | 65-30 of this Act; | ||||||
| 10 | (2) practicing without a written collaborative | ||||||
| 11 | agreement in all practice settings consistent with | ||||||
| 12 | national certification, except in the case of an advanced | ||||||
| 13 | practice registered nurse with full practice authority who | ||||||
| 14 | is certified as a nurse midwife, who may enter into a | ||||||
| 15 | written collaborative agreement with a licensed certified | ||||||
| 16 | nurse midwife pursuant to Section 65-35; | ||||||
| 17 | (3) authority to prescribe both legend drugs and | ||||||
| 18 | Schedule II through V controlled substances; this | ||||||
| 19 | authority includes prescription of, selection of, orders | ||||||
| 20 | for, administration of, storage of, acceptance of samples | ||||||
| 21 | of, and dispensing over the counter medications, legend | ||||||
| 22 | drugs, and controlled substances categorized as any | ||||||
| 23 | Schedule II through V controlled substances, as defined in | ||||||
| 24 | Article II of the Illinois Controlled Substances Act, and | ||||||
| 25 | other preparations, including, but not limited to, | ||||||
| 26 | botanical and herbal remedies; | ||||||
| |||||||
| |||||||
| 1 | (4) prescribing Schedule II narcotic drugs, such as | ||||||
| 2 | opioids, only in a consultation relationship with a | ||||||
| 3 | physician; this consultation relationship shall be | ||||||
| 4 | recorded in the Prescription Monitoring Program website, | ||||||
| 5 | pursuant to Section 316 of the Illinois Controlled | ||||||
| 6 | Substances Act, by the physician and advanced practice | ||||||
| 7 | registered nurse with full practice authority and is not | ||||||
| 8 | required to be filed with the Department; the specific | ||||||
| 9 | Schedule II narcotic drug must be identified by either | ||||||
| 10 | brand name or generic name; the specific Schedule II | ||||||
| 11 | narcotic drug, such as an opioid, may be administered by | ||||||
| 12 | oral dosage or topical or transdermal application; | ||||||
| 13 | delivery by injection or other route of administration is | ||||||
| 14 | not permitted; at least monthly, the advanced practice | ||||||
| 15 | registered nurse and the physician must discuss the | ||||||
| 16 | condition of any patients for whom an opioid is | ||||||
| 17 | prescribed; nothing in this subsection shall be construed | ||||||
| 18 | to require a prescription by an advanced practice | ||||||
| 19 | registered nurse with full practice authority to require a | ||||||
| 20 | physician name; | ||||||
| 21 | (4.5) prescribing up to a 120-day supply of | ||||||
| 22 | benzodiazepines without a consultation relationship with a | ||||||
| 23 | physician; thereafter, continued prescription of | ||||||
| 24 | benzodiazepines shall require a consultation with a | ||||||
| 25 | physician; nothing in this subsection shall be construed | ||||||
| 26 | to require a prescription by an advanced practice | ||||||
| |||||||
| |||||||
| 1 | registered nurse with full practice authority to require a | ||||||
| 2 | physician name; | ||||||
| 3 | (5) authority to obtain an Illinois controlled | ||||||
| 4 | substance license and a federal Drug Enforcement | ||||||
| 5 | Administration number; and | ||||||
| 6 | (6) use of only local anesthetic. | ||||||
| 7 | The scope of practice of an advanced practice registered | ||||||
| 8 | nurse does not include operative surgery. Nothing in this | ||||||
| 9 | Section shall be construed to preclude an advanced practice | ||||||
| 10 | registered nurse from assisting in surgery. | ||||||
| 11 | (d) The Department may adopt rules necessary to administer | ||||||
| 12 | this Section, including, but not limited to, requiring the | ||||||
| 13 | completion of forms and the payment of fees. | ||||||
| 14 | (e) Nothing in this Act shall be construed to authorize an | ||||||
| 15 | advanced practice registered nurse with full practice | ||||||
| 16 | authority to provide health care services required by law or | ||||||
| 17 | rule to be performed by a physician. | ||||||
| 18 | (Source: P.A. 102-75, eff. 1-1-22; 103-60, eff. 1-1-24.) | ||||||
