Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1908 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1908 Introduced 2/6/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: 225 ILCS 65/50-10 was 225 ILCS 65/5-10225 ILCS 65/65-35 was 225 ILCS 65/15-15225 ILCS 65/65-40 was 225 ILCS 65/15-20225 ILCS 65/65-43 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. LRB104 08797 AAS 18852 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1908 Introduced 2/6/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: 225 ILCS 65/50-10 was 225 ILCS 65/5-10225 ILCS 65/65-35 was 225 ILCS 65/15-15225 ILCS 65/65-40 was 225 ILCS 65/15-20225 ILCS 65/65-43 225 ILCS 65/50-10 was 225 ILCS 65/5-10 225 ILCS 65/65-35 was 225 ILCS 65/15-15 225 ILCS 65/65-40 was 225 ILCS 65/15-20 225 ILCS 65/65-43 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. LRB104 08797 AAS 18852 b LRB104 08797 AAS 18852 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1908 Introduced 2/6/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
33 225 ILCS 65/50-10 was 225 ILCS 65/5-10225 ILCS 65/65-35 was 225 ILCS 65/15-15225 ILCS 65/65-40 was 225 ILCS 65/15-20225 ILCS 65/65-43 225 ILCS 65/50-10 was 225 ILCS 65/5-10 225 ILCS 65/65-35 was 225 ILCS 65/15-15 225 ILCS 65/65-40 was 225 ILCS 65/15-20 225 ILCS 65/65-43
44 225 ILCS 65/50-10 was 225 ILCS 65/5-10
55 225 ILCS 65/65-35 was 225 ILCS 65/15-15
66 225 ILCS 65/65-40 was 225 ILCS 65/15-20
77 225 ILCS 65/65-43
88 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.
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1414 1 AN ACT concerning regulation.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Nurse Practice Act is amended by changing
1818 5 Sections 50-10, 65-35, 65-40, and 65-43 as follows:
1919 6 (225 ILCS 65/50-10) (was 225 ILCS 65/5-10)
2020 7 (Section scheduled to be repealed on January 1, 2028)
2121 8 Sec. 50-10. Definitions. Each of the following terms, when
2222 9 used in this Act, shall have the meaning ascribed to it in this
2323 10 Section, except where the context clearly indicates otherwise:
2424 11 "Academic year" means the customary annual schedule of
2525 12 courses at a college, university, or approved school,
2626 13 customarily regarded as the school year as distinguished from
2727 14 the calendar year.
2828 15 "Address of record" means the designated address recorded
2929 16 by the Department in the applicant's or licensee's application
3030 17 file or license file as maintained by the Department's
3131 18 licensure maintenance unit.
3232 19 "Advanced practice registered nurse" or "APRN" means a
3333 20 person who has met the qualifications for a (i) certified
3434 21 nurse midwife (CNM); (ii) certified nurse practitioner (CNP);
3535 22 (iii) certified registered nurse anesthetist (CRNA); or (iv)
3636 23 clinical nurse specialist (CNS) and has been licensed by the
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4141 225 ILCS 65/50-10 was 225 ILCS 65/5-10225 ILCS 65/65-35 was 225 ILCS 65/15-15225 ILCS 65/65-40 was 225 ILCS 65/15-20225 ILCS 65/65-43 225 ILCS 65/50-10 was 225 ILCS 65/5-10 225 ILCS 65/65-35 was 225 ILCS 65/15-15 225 ILCS 65/65-40 was 225 ILCS 65/15-20 225 ILCS 65/65-43
4242 225 ILCS 65/50-10 was 225 ILCS 65/5-10
4343 225 ILCS 65/65-35 was 225 ILCS 65/15-15
4444 225 ILCS 65/65-40 was 225 ILCS 65/15-20
4545 225 ILCS 65/65-43
4646 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.
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5858 225 ILCS 65/65-43
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7777 1 Department. All advanced practice registered nurses licensed
7878 2 and practicing in the State of Illinois shall use the title
7979 3 APRN and may use specialty credentials CNM, CNP, CRNA, or CNS
8080 4 after their name. All advanced practice registered nurses may
8181 5 only practice in accordance with national certification and
8282 6 this Act.
8383 7 "Advisory Board" means the Illinois Nursing Workforce
8484 8 Center Advisory Board.
8585 9 "Approved program of professional nursing education" and
8686 10 "approved program of practical nursing education" are programs
8787 11 of professional or practical nursing, respectively, approved
8888 12 by the Department under the provisions of this Act.
8989 13 "Board" means the Board of Nursing appointed by the
9090 14 Secretary.
9191 15 "Center" means the Illinois Nursing Workforce Center.
9292 16 "Collaboration" means a process involving 2 or more health
9393 17 care professionals working together, each contributing one's
9494 18 respective area of expertise to provide more comprehensive
9595 19 patient care.
9696 20 "Competence" means an expected and measurable level of
9797 21 performance that integrates knowledge, skills, abilities, and
9898 22 judgment based on established scientific knowledge and
9999 23 expectations for nursing practice.
100100 24 "Comprehensive nursing assessment" means the gathering of
101101 25 information about the patient's physiological, psychological,
102102 26 sociological, and spiritual status on an ongoing basis by a
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113113 1 registered professional nurse and is the first step in
114114 2 implementing and guiding the nursing plan of care.
115115 3 "Consultation" means the process whereby an advanced
116116 4 practice registered nurse seeks the advice or opinion of
117117 5 another health care professional.
118118 6 "Credentialed" means the process of assessing and
119119 7 validating the qualifications of a health care professional.
120120 8 "Dentist" means a person licensed to practice dentistry
121121 9 under the Illinois Dental Practice Act.
122122 10 "Department" means the Department of Financial and
123123 11 Professional Regulation.
124124 12 "Email address of record" means the designated email
125125 13 address recorded by the Department in the applicant's
126126 14 application file or the licensee's license file, as maintained
127127 15 by the Department's licensure maintenance unit.
128128 16 "Focused nursing assessment" means an appraisal of an
129129 17 individual's status and current situation, contributing to the
130130 18 comprehensive nursing assessment performed by the registered
131131 19 professional nurse or advanced practice registered nurse or
132132 20 the assessment by the physician assistant, physician, dentist,
133133 21 podiatric physician, or other licensed health care
134134 22 professional, as determined by the Department, supporting
135135 23 ongoing data collection, and deciding who needs to be informed
136136 24 of the information and when to inform.
137137 25 "Full practice authority" means the authority of an
138138 26 advanced practice registered nurse licensed in Illinois and
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149149 1 certified as a nurse practitioner, clinical nurse specialist,
150150 2 or nurse midwife to practice without a written collaborative
151151 3 agreement and:
152152 4 (1) to be fully accountable to patients for the
153153 5 quality of advanced nursing care rendered;
154154 6 (2) to be fully accountable for recognizing limits of
155155 7 knowledge and experience and for planning for the
156156 8 management of situations beyond the advanced practice
157157 9 registered nurse's expertise; the full practice authority
158158 10 for advanced practice registered nurses includes accepting
159159 11 referrals from, consulting with, collaborating with, or
160160 12 referring to other health care professionals as warranted
161161 13 by the needs of the patient; and
162162 14 (3) to possess the authority to prescribe medications,
163163 15 including Schedule II through V controlled substances, as
164164 16 provided in Section 65-43.
165165 17 "Full practice authority-pending advanced practice
166166 18 registered nurse" means an advanced practice registered nurse
167167 19 licensed in Illinois and certified as a nurse practitioner,
168168 20 clinical nurse specialist, or nurse midwife who has provided a
169169 21 notarized attestation of completion of at least 250 hours of
170170 22 continuing education or training in the advanced practice
171171 23 registered nurse's area of certification and at least 4,000
172172 24 hours of clinical experience after first attaining national
173173 25 certification and who has submitted an application to the
174174 26 Department to be granted full practice authority.
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185185 1 "Hospital affiliate" means a corporation, partnership,
186186 2 joint venture, limited liability company, or similar
187187 3 organization, other than a hospital, that is devoted primarily
188188 4 to the provision, management, or support of health care
189189 5 services and that directly or indirectly controls, is
190190 6 controlled by, or is under common control of the hospital. For
191191 7 the purposes of this definition, "control" means having at
192192 8 least an equal or a majority ownership or membership interest.
193193 9 A hospital affiliate shall be 100% owned or controlled by any
194194 10 combination of hospitals, their parent corporations, or
195195 11 physicians licensed to practice medicine in all its branches
196196 12 in Illinois. "Hospital affiliate" does not include a health
197197 13 maintenance organization regulated under the Health
198198 14 Maintenance Organization Act.
199199 15 "Impaired nurse" means a nurse licensed under this Act who
200200 16 is unable to practice with reasonable skill and safety because
201201 17 of a physical or mental disability as evidenced by a written
202202 18 determination or written consent based on clinical evidence,
203203 19 including loss of motor skills, abuse of drugs or alcohol, or a
204204 20 psychiatric disorder, of sufficient degree to diminish his or
205205 21 her ability to deliver competent patient care.
206206 22 "License-pending advanced practice registered nurse" means
207207 23 a registered professional nurse who has completed all
208208 24 requirements for licensure as an advanced practice registered
209209 25 nurse except the certification examination and has applied to
210210 26 take the next available certification exam and received a
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221221 1 temporary permit from the Department.
222222 2 "License-pending registered nurse" means a person who has
223223 3 passed the Department-approved registered nurse licensure exam
224224 4 and has applied for a license from the Department. A
225225 5 license-pending registered nurse shall use the title "RN lic
226226 6 pend" on all documentation related to nursing practice.
227227 7 "Nursing intervention" means any treatment based on
228228 8 clinical nursing judgment or knowledge that a nurse performs.
229229 9 An individual or entity shall not mandate that a registered
230230 10 professional nurse delegate nursing interventions if the
231231 11 registered professional nurse determines it is inappropriate
232232 12 to do so. A nurse shall not be subject to disciplinary or any
233233 13 other adverse action for refusing to delegate a nursing
234234 14 intervention based on patient safety.
235235 15 "Physician" means a person licensed to practice medicine
236236 16 in all its branches under the Medical Practice Act of 1987.
237237 17 "Podiatric physician" means a person licensed to practice
238238 18 podiatry under the Podiatric Medical Practice Act of 1987.
239239 19 "Practical nurse" or "licensed practical nurse" means a
240240 20 person who is licensed as a practical nurse under this Act and
241241 21 practices practical nursing as defined in this Act. Only a
242242 22 practical nurse licensed under this Act is entitled to use the
243243 23 title "licensed practical nurse" and the abbreviation
244244 24 "L.P.N.".
245245 25 "Practical nursing" means the performance of nursing
246246 26 interventions requiring the nursing knowledge, judgment, and
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257257 1 skill acquired by means of completion of an approved practical
258258 2 nursing education program. Practical nursing includes
259259 3 assisting in the nursing process under the guidance of a
260260 4 registered professional nurse or an advanced practice
261261 5 registered nurse. The practical nurse may work under the
262262 6 direction of a licensed physician, dentist, podiatric
263263 7 physician, or other health care professional determined by the
264264 8 Department.
265265 9 "Privileged" means the authorization granted by the
266266 10 governing body of a healthcare facility, agency, or
267267 11 organization to provide specific patient care services within
268268 12 well-defined limits, based on qualifications reviewed in the
269269 13 credentialing process.
270270 14 "Registered Nurse" or "Registered Professional Nurse"
271271 15 means a person who is licensed as a professional nurse under
272272 16 this Act and practices nursing as defined in this Act. Only a
273273 17 registered nurse licensed under this Act is entitled to use
274274 18 the titles "registered nurse" and "registered professional
275275 19 nurse" and the abbreviation, "R.N.".
276276 20 "Registered professional nursing practice" means a
277277 21 scientific process founded on a professional body of knowledge
278278 22 that includes, but is not limited to, the protection,
279279 23 promotion, and optimization of health and abilities,
280280 24 prevention of illness and injury, development and
281281 25 implementation of the nursing plan of care, facilitation of
282282 26 nursing interventions to alleviate suffering, care
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293293 1 coordination, and advocacy in the care of individuals,
294294 2 families, groups, communities, and populations. "Registered
295295 3 professional nursing practice" does not include the act of
296296 4 medical diagnosis or prescription of medical therapeutic or
297297 5 corrective measures.
298298 6 "Professional assistance program for nurses" means a
299299 7 professional assistance program that meets criteria
300300 8 established by the Board of Nursing and approved by the
301301 9 Secretary, which provides a non-disciplinary treatment
302302 10 approach for nurses licensed under this Act whose ability to
303303 11 practice is compromised by alcohol or chemical substance
304304 12 addiction.
305305 13 "Secretary" means the Secretary of Financial and
306306 14 Professional Regulation.
307307 15 "Unencumbered license" means a license issued in good
308308 16 standing.
309309 17 "Written collaborative agreement" means a written
310310 18 agreement between an advanced practice registered nurse and a
311311 19 collaborating physician, dentist, certified nurse midwife with
312312 20 full practice authority, or podiatric physician pursuant to
313313 21 Section 65-35.
314314 22 (Source: P.A. 103-154, eff. 6-30-23; 103-686, eff. 1-1-25.)
315315 23 (225 ILCS 65/65-35) (was 225 ILCS 65/15-15)
316316 24 (Section scheduled to be repealed on January 1, 2028)
317317 25 Sec. 65-35. Written collaborative agreements.
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328328 1 (a) A written collaborative agreement is required for all
329329 2 advanced practice registered nurses engaged in clinical
330330 3 practice prior to meeting the requirements of Section 65-43,
331331 4 except for advanced practice registered nurses who are
332332 5 privileged to practice in a hospital, hospital affiliate, or
333333 6 ambulatory surgical treatment center.
334334 7 (a-5) If an advanced practice registered nurse engages in
335335 8 clinical practice outside of a hospital, hospital affiliate,
336336 9 or ambulatory surgical treatment center in which he or she is
337337 10 privileged to practice, the advanced practice registered nurse
338338 11 must have a written collaborative agreement, except as set
339339 12 forth in Section 65-43.
340340 13 (b) A written collaborative agreement shall describe the
341341 14 relationship of the advanced practice registered nurse with
342342 15 the collaborating physician or certified nurse midwife with
343343 16 full practice authority and shall describe the categories of
344344 17 care, treatment, or procedures to be provided by the advanced
345345 18 practice registered nurse. A collaborative agreement with a
346346 19 podiatric physician must be in accordance with subsection
347347 20 (c-5) or (c-15) of this Section. A collaborative agreement
348348 21 with a dentist must be in accordance with subsection (c-10) of
349349 22 this Section. A collaborative agreement with a podiatric
350350 23 physician must be in accordance with subsection (c-5) of this
351351 24 Section. A collaborative agreement between an advanced
352352 25 practice registered nurse certified as a certified nurse
353353 26 midwife and a certified nurse midwife with full practice
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364364 1 authority must be in accordance with subsection (c-20) of this
365365 2 Section. Collaboration does not require an employment
366366 3 relationship between the collaborating physician or certified
367367 4 nurse midwife with full practice authority and the advanced
368368 5 practice registered nurse.
369369 6 The collaborative relationship under an agreement shall
370370 7 not be construed to require the personal presence of a
371371 8 collaborating physician or certified nurse midwife with full
372372 9 practice authority at the place where services are rendered.
373373 10 Methods of communication shall be available for consultation
374374 11 with the collaborating physician or certified nurse midwife
375375 12 with full practice authority in person or by
376376 13 telecommunications or electronic communications as set forth
377377 14 in the written agreement.
378378 15 (b-5) Absent an employment relationship, a written
379379 16 collaborative agreement may not (1) restrict the categories of
380380 17 patients of an advanced practice registered nurse within the
381381 18 scope of the advanced practice registered nurses training and
382382 19 experience, (2) limit third party payors or government health
383383 20 programs, such as the medical assistance program or Medicare
384384 21 with which the advanced practice registered nurse contracts,
385385 22 or (3) limit the geographic area or practice location of the
386386 23 advanced practice registered nurse in this State.
387387 24 (c) In the case of anesthesia services provided by a
388388 25 certified registered nurse anesthetist, an anesthesiologist, a
389389 26 physician, a dentist, or a podiatric physician must
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400400 1 participate through discussion of and agreement with the
401401 2 anesthesia plan and remain physically present and available on
402402 3 the premises during the delivery of anesthesia services for
403403 4 diagnosis, consultation, and treatment of emergency medical
404404 5 conditions.
405405 6 (c-5) A certified registered nurse anesthetist, who
406406 7 provides anesthesia services outside of a hospital or
407407 8 ambulatory surgical treatment center shall enter into a
408408 9 written collaborative agreement with an anesthesiologist or
409409 10 the physician licensed to practice medicine in all its
410410 11 branches or the podiatric physician performing the procedure.
411411 12 Outside of a hospital or ambulatory surgical treatment center,
412412 13 the certified registered nurse anesthetist may provide only
413413 14 those services that the collaborating podiatric physician is
414414 15 authorized to provide pursuant to the Podiatric Medical
415415 16 Practice Act of 1987 and rules adopted thereunder. A certified
416416 17 registered nurse anesthetist may select, order, and administer
417417 18 medication, including controlled substances, and apply
418418 19 appropriate medical devices for delivery of anesthesia
419419 20 services under the anesthesia plan agreed with by the
420420 21 anesthesiologist or the operating physician or operating
421421 22 podiatric physician.
422422 23 (c-10) A certified registered nurse anesthetist who
423423 24 provides anesthesia services in a dental office shall enter
424424 25 into a written collaborative agreement with an
425425 26 anesthesiologist or the physician licensed to practice
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436436 1 medicine in all its branches or the operating dentist
437437 2 performing the procedure. The agreement shall describe the
438438 3 working relationship of the certified registered nurse
439439 4 anesthetist and dentist and shall authorize the categories of
440440 5 care, treatment, or procedures to be performed by the
441441 6 certified registered nurse anesthetist. In a collaborating
442442 7 dentist's office, the certified registered nurse anesthetist
443443 8 may only provide those services that the operating dentist
444444 9 with the appropriate permit is authorized to provide pursuant
445445 10 to the Illinois Dental Practice Act and rules adopted
446446 11 thereunder. For anesthesia services, an anesthesiologist,
447447 12 physician, or operating dentist shall participate through
448448 13 discussion of and agreement with the anesthesia plan and shall
449449 14 remain physically present and be available on the premises
450450 15 during the delivery of anesthesia services for diagnosis,
451451 16 consultation, and treatment of emergency medical conditions. A
452452 17 certified registered nurse anesthetist may select, order, and
453453 18 administer medication, including controlled substances, and
454454 19 apply appropriate medical devices for delivery of anesthesia
455455 20 services under the anesthesia plan agreed with by the
456456 21 operating dentist.
457457 22 (c-15) An advanced practice registered nurse who had a
458458 23 written collaborative agreement with a podiatric physician
459459 24 immediately before the effective date of Public Act 100-513
460460 25 may continue in that collaborative relationship or enter into
461461 26 a new written collaborative relationship with a podiatric
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472472 1 physician under the requirements of this Section and Section
473473 2 65-40, as those Sections existed immediately before the
474474 3 amendment of those Sections by Public Act 100-513 with regard
475475 4 to a written collaborative agreement between an advanced
476476 5 practice registered nurse and a podiatric physician.
477477 6 (c-20) An advanced practice registered nurse certified as
478478 7 a certified nurse midwife may enter into a written
479479 8 collaborative agreement with a certified nurse midwife with
480480 9 full practice authority or a physician.
481481 10 (d) A copy of the signed, written collaborative agreement
482482 11 must be available to the Department upon request from both the
483483 12 advanced practice registered nurse and the collaborating
484484 13 physician, dentist, certified nurse midwife with full practice
485485 14 authority, or podiatric physician.
486486 15 (e) Nothing in this Act shall be construed to limit the
487487 16 delegation of tasks or duties by a physician to a licensed
488488 17 practical nurse, a registered professional nurse, or other
489489 18 persons in accordance with Section 54.2 of the Medical
490490 19 Practice Act of 1987. Nothing in this Act shall be construed to
491491 20 limit the method of delegation that may be authorized by any
492492 21 means, including, but not limited to, oral, written,
493493 22 electronic, standing orders, protocols, guidelines, or verbal
494494 23 orders.
495495 24 (e-5) Nothing in this Act shall be construed to authorize
496496 25 an advanced practice registered nurse to provide health care
497497 26 services required by law or rule to be performed by a
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508508 1 physician. The scope of practice of an advanced practice
509509 2 registered nurse does not include operative surgery. Nothing
510510 3 in this Section shall be construed to preclude an advanced
511511 4 practice registered nurse from assisting in surgery.
512512 5 (f) An advanced practice registered nurse shall inform
513513 6 each collaborating physician, dentist, certified nurse midwife
514514 7 with full practice authority, or podiatric physician of all
515515 8 collaborative agreements he or she has signed and provide a
516516 9 copy of these to any collaborating physician, dentist,
517517 10 certified nurse midwife with full practice authority, or
518518 11 podiatric physician upon request.
519519 12 (g) (Blank).
520520 13 (Source: P.A. 100-513, eff. 1-1-18; 100-577, eff. 1-26-18;
521521 14 100-1096, eff. 8-26-18; 101-13, eff. 6-12-19.)
522522 15 (225 ILCS 65/65-40) (was 225 ILCS 65/15-20)
523523 16 (Section scheduled to be repealed on January 1, 2028)
524524 17 Sec. 65-40. Written collaborative agreement; prescriptive
525525 18 authority.
526526 19 (a) A collaborating physician or certified nurse midwife
527527 20 with full practice authority may, but is not required to,
528528 21 delegate prescriptive authority to an advanced practice
529529 22 registered nurse as part of a written collaborative agreement.
530530 23 This authority may, but is not required to, include
531531 24 prescription of, selection of, orders for, administration of,
532532 25 storage of, acceptance of samples of, and dispensing over the
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543543 1 counter medications, legend drugs, medical gases, and
544544 2 controlled substances categorized as any Schedule III through
545545 3 V controlled substances, as defined in Article II of the
546546 4 Illinois Controlled Substances Act, and other preparations,
547547 5 including, but not limited to, botanical and herbal remedies.
548548 6 The collaborating physician must have a valid current Illinois
549549 7 controlled substance license and federal registration to
550550 8 delegate authority to prescribe delegated controlled
551551 9 substances.
552552 10 (b) To prescribe controlled substances under this Section,
553553 11 an advanced practice registered nurse must obtain a mid-level
554554 12 practitioner controlled substance license. Medication orders
555555 13 shall be reviewed periodically by the collaborating physician.
556556 14 (c) The collaborating physician or certified nurse midwife
557557 15 with full practice authority shall file with the Department
558558 16 and the Prescription Monitoring Program notice of delegation
559559 17 of prescriptive authority and termination of such delegation,
560560 18 in accordance with rules of the Department. Upon receipt of
561561 19 this notice delegating authority to prescribe any Schedule III
562562 20 through V controlled substances, the licensed advanced
563563 21 practice registered nurse shall be eligible to register for a
564564 22 mid-level practitioner controlled substance license under
565565 23 Section 303.05 of the Illinois Controlled Substances Act.
566566 24 (d) In addition to the requirements of subsections (a),
567567 25 (b), and (c) of this Section, a collaborating physician or
568568 26 certified nurse midwife with full practice authority may, but
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579579 1 is not required to, delegate authority to an advanced practice
580580 2 registered nurse to prescribe any Schedule II controlled
581581 3 substances, if all of the following conditions apply:
582582 4 (1) Specific Schedule II controlled substances by oral
583583 5 dosage or topical or transdermal application may be
584584 6 delegated, provided that the delegated Schedule II
585585 7 controlled substances are routinely prescribed by the
586586 8 collaborating physician or certified nurse midwife with
587587 9 full practice authority. This delegation must identify the
588588 10 specific Schedule II controlled substances by either brand
589589 11 name or generic name. Schedule II controlled substances to
590590 12 be delivered by injection or other route of administration
591591 13 may not be delegated.
592592 14 (2) Any delegation must be controlled substances that
593593 15 the collaborating physician or certified nurse midwife
594594 16 with full practice authority prescribes.
595595 17 (3) Any prescription must be limited to no more than a
596596 18 30-day supply, with any continuation authorized only after
597597 19 prior approval of the collaborating physician or certified
598598 20 nurse midwife with full practice authority.
599599 21 (4) The advanced practice registered nurse must
600600 22 discuss the condition of any patients for whom a
601601 23 controlled substance is prescribed monthly with the
602602 24 delegating physician or certified nurse midwife with full
603603 25 practice authority.
604604 26 (5) The advanced practice registered nurse meets the
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615615 1 education requirements of Section 303.05 of the Illinois
616616 2 Controlled Substances Act.
617617 3 (e) Nothing in this Act shall be construed to limit the
618618 4 delegation of tasks or duties by a physician to a licensed
619619 5 practical nurse, a registered professional nurse, or other
620620 6 persons. Nothing in this Act shall be construed to limit the
621621 7 method of delegation that may be authorized by any means,
622622 8 including, but not limited to, oral, written, electronic,
623623 9 standing orders, protocols, guidelines, or verbal orders.
624624 10 (f) Nothing in this Section shall be construed to apply to
625625 11 any medication authority including Schedule II controlled
626626 12 substances of an advanced practice registered nurse for care
627627 13 provided in a hospital, hospital affiliate, or ambulatory
628628 14 surgical treatment center pursuant to Section 65-45.
629629 15 (g) (Blank).
630630 16 (h) Nothing in this Section shall be construed to prohibit
631631 17 generic substitution.
632632 18 (i) Nothing in this Section shall be construed to apply to
633633 19 an advanced practice registered nurse who meets the
634634 20 requirements of Section 65-43.
635635 21 (Source: P.A. 100-513, eff. 1-1-18; 101-81, eff. 7-12-19.)
636636 22 (225 ILCS 65/65-43)
637637 23 (Section scheduled to be repealed on January 1, 2028)
638638 24 Sec. 65-43. Full practice authority.
639639 25 (a) An Illinois-licensed advanced practice registered
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650650 1 nurse certified as a nurse practitioner, nurse midwife, or
651651 2 clinical nurse specialist shall be deemed by law to possess
652652 3 the ability to practice without a written collaborative
653653 4 agreement as set forth in this Section.
654654 5 (b) An advanced practice registered nurse certified as a
655655 6 nurse midwife, clinical nurse specialist, or nurse
656656 7 practitioner who files with the Department a notarized
657657 8 attestation of completion of at least 250 hours of continuing
658658 9 education or training and at least 4,000 hours of clinical
659659 10 experience after first attaining national certification shall
660660 11 not require a written collaborative agreement. Documentation
661661 12 of successful completion shall be provided to the Department
662662 13 upon request.
663663 14 Continuing education or training hours required by
664664 15 subsection (b) shall be in the advanced practice registered
665665 16 nurse's area of certification as set forth by Department rule.
666666 17 The clinical experience must be in the advanced practice
667667 18 registered nurse's area of certification. The clinical
668668 19 experience shall be in collaboration with a physician or
669669 20 physicians. For an advanced practice registered nurse
670670 21 certified as a nurse midwife, the clinical experience shall be
671671 22 in collaboration with a certified nurse midwife with full
672672 23 practice authority. Completion of the clinical experience must
673673 24 be attested to by the collaborating physician or physicians,
674674 25 collaborating certified nurse midwife with full practice
675675 26 authority, or employer and the advanced practice registered
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686686 1 nurse. If the collaborating physician or physicians,
687687 2 collaborating certified nurse midwife with full practice
688688 3 authority, or employer is unable to attest to the completion
689689 4 of the clinical experience, the Department may accept other
690690 5 evidence of clinical experience as established by rule.
691691 6 (c) The scope of practice of an advanced practice
692692 7 registered nurse with full practice authority includes:
693693 8 (1) all matters included in subsection (c) of Section
694694 9 65-30 of this Act;
695695 10 (2) practicing without a written collaborative
696696 11 agreement in all practice settings consistent with
697697 12 national certification, except in the case of an advanced
698698 13 practice registered nurse with full practice authority who
699699 14 is certified as a nurse midwife, who may enter into a
700700 15 written collaborative agreement with a licensed certified
701701 16 nurse midwife pursuant to Section 65-35;
702702 17 (3) authority to prescribe both legend drugs and
703703 18 Schedule II through V controlled substances; this
704704 19 authority includes prescription of, selection of, orders
705705 20 for, administration of, storage of, acceptance of samples
706706 21 of, and dispensing over the counter medications, legend
707707 22 drugs, and controlled substances categorized as any
708708 23 Schedule II through V controlled substances, as defined in
709709 24 Article II of the Illinois Controlled Substances Act, and
710710 25 other preparations, including, but not limited to,
711711 26 botanical and herbal remedies;
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722722 1 (4) prescribing Schedule II narcotic drugs, such as
723723 2 opioids, only in a consultation relationship with a
724724 3 physician; this consultation relationship shall be
725725 4 recorded in the Prescription Monitoring Program website,
726726 5 pursuant to Section 316 of the Illinois Controlled
727727 6 Substances Act, by the physician and advanced practice
728728 7 registered nurse with full practice authority and is not
729729 8 required to be filed with the Department; the specific
730730 9 Schedule II narcotic drug must be identified by either
731731 10 brand name or generic name; the specific Schedule II
732732 11 narcotic drug, such as an opioid, may be administered by
733733 12 oral dosage or topical or transdermal application;
734734 13 delivery by injection or other route of administration is
735735 14 not permitted; at least monthly, the advanced practice
736736 15 registered nurse and the physician must discuss the
737737 16 condition of any patients for whom an opioid is
738738 17 prescribed; nothing in this subsection shall be construed
739739 18 to require a prescription by an advanced practice
740740 19 registered nurse with full practice authority to require a
741741 20 physician name;
742742 21 (4.5) prescribing up to a 120-day supply of
743743 22 benzodiazepines without a consultation relationship with a
744744 23 physician; thereafter, continued prescription of
745745 24 benzodiazepines shall require a consultation with a
746746 25 physician; nothing in this subsection shall be construed
747747 26 to require a prescription by an advanced practice
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