Bill Text: IL SB2255 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Nurse Practice Act. Provides that a collaborating physician or podiatrist may, but is not required to, delegate prescriptive authority to an advanced practice nurse as part of a written collaborative agreement of Schedule II (instead of III) through V controlled substances. Effective immediately.

Sponsorship: Moderate Partisan Bill (Democrat 9-1)

Status: (Passed) 2011-08-12 - Public Act . . . . . . . . . 97-0358 [SB2255 Detail]

Download: Illinois-2011-SB2255-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB2255 Introduced 2/15/2011, by Sen. William R. Haine SYNOPSIS AS INTRODUCED:
225 ILCS 65/65-40 was 225 ILCS 65/15-20
Amends the Nurse Practice Act. Provides that a collaborating physician or podiatrist may, but is not required to, delegate prescriptive authority to an advanced practice nurse as part of a written collaborative agreement of Schedule II (instead of III) through V controlled substances. Effective immediately.
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A BILL FOR
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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
Section 65-40 as follows:
(225 ILCS 65/65-40) (was 225 ILCS 65/15-20)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65-40. Prescriptive authority.
(a) A collaborating physician or podiatrist may, but is not
required to, delegate prescriptive authority to an advanced
practice 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 II 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 podiatrist
must have a valid current Illinois controlled substance license
and federal registration to delegate authority to prescribe
delegated controlled substances.

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(b) To prescribe controlled substances under this Section,
an advanced practice nurse must obtain a mid-level practitioner
controlled substance license. Medication orders shall be
reviewed periodically by the collaborating physician or
podiatrist.
(c) The collaborating physician or podiatrist shall file
with the Department 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 licensed advanced practice 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) (Blank). In addition to the requirements of subsections
(a), (b), and (c) of this Section, a collaborating physician
may, but is not required to, delegate authority to an advanced
practice nurse to prescribe any Schedule II controlled
substances, if all of the following conditions apply:
(1) No more than 5 Schedule II controlled substances by
oral dosage may be delegated.
(2) Any delegation must be controlled substances that
the collaborating physician prescribes.
(3) Any prescription must be limited to no more than a
30-day oral dosage, with any continuation authorized only
after prior approval of the collaborating physician.

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(4) The advanced practice nurse must discuss the
condition of any patients for whom a controlled substance
is prescribed monthly with the delegating physician.
(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.
(Source: P.A. 95-639, eff. 10-5-07; 96-189, eff. 8-10-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.