Illinois General Assembly - Full Text of HB3047
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Full Text of HB3047  93rd General Assembly

HB3047 93rd General Assembly


093_HB3047

 
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 1        AN ACT concerning physician assistants.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Medical Practice Act of 1987 is amended
 5    by changing Section 54.5 as follows:

 6        (225 ILCS 60/54.5)
 7        (Section scheduled to be repealed on January 1, 2007)
 8        Sec. 54.5.  Physician delegation of authority.
 9        (a)  Physicians licensed to practice medicine in all  its
10    branches  may delegate care and treatment responsibilities to
11    a physician assistant under guidelines in accordance with the
12    requirements of  the  Physician  Assistant  Practice  Act  of
13    1987.   A  physician licensed to practice medicine in all its
14    branches may enter into supervising physician agreements with
15    no more than 2 physician assistants.
16        (b)  A physician licensed to practice medicine in all its
17    branches in active clinical practice may collaborate with  an
18    advanced  practice  nurse in accordance with the requirements
19    of Title 15 of the Nursing and Advanced Practice Nursing Act.
20    Collaboration  is  for  the  purpose  of  providing   medical
21    direction,  and  no  employment  relationship is required.  A
22    written  collaborative  agreement  shall   conform   to   the
23    requirements  of  Sections 15-15 and 15-20 of the Nursing and
24    Advanced Practice Nursing  Act.   The  written  collaborative
25    agreement  shall  be for services the collaborating physician
26    generally provides to his  or  her  patients  in  the  normal
27    course  of  clinical  medical  practice.    Physician medical
28    direction shall be adequate  with  respect  to  collaboration
29    with certified nurse practitioners, certified nurse midwives,
30    and clinical nurse specialists if a collaborating physician:
31             (1)  participates in the joint formulation and joint
 
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 1        approval  of  orders  or  guidelines  with  the  advanced
 2        practice  nurse  and periodically reviews such orders and
 3        the services  provided  patients  under  such  orders  in
 4        accordance  with  accepted  standards of medical practice
 5        and advanced practice nursing practice;
 6             (2)  is on site at least once  a  month  to  provide
 7        medical direction and consultation; and
 8             (3)  is  available  through  telecommunications  for
 9        consultation   on  medical  problems,  complications,  or
10        emergencies or patient referral.
11        (b-5)  An  anesthesiologist  or  physician  licensed   to
12    practice  medicine in all its branches may collaborate with a
13    certified registered nurse  anesthetist  in  accordance  with
14    Section  15-25  of  the Nursing and Advanced Practice Nursing
15    Act.  Medical direction  for  a  certified  registered  nurse
16    anesthetist shall be adequate if:
17             (1)  an anesthesiologist or a physician participates
18        in the joint formulation and joint approval of orders  or
19        guidelines  and  periodically reviews such orders and the
20        services provided patients under such orders; and
21             (2)  for anesthesia services,  the  anesthesiologist
22        or  physician  participates  through  discussion  of  and
23        agreement  with  the  anesthesia  plan  and is physically
24        present and available on the premises during the delivery
25        of anesthesia services for diagnosis,  consultation,  and
26        treatment  of  emergency  medical  conditions. Anesthesia
27        services in a hospital shall be conducted  in  accordance
28        with Section 10.7 of the Hospital Licensing Act and in an
29        ambulatory  surgical  treatment center in accordance with
30        Section 6.5 of the Ambulatory Surgical  Treatment  Center
31        Act.
32        (b-10)  The  anesthesiologist or operating physician must
33    agree with the anesthesia  plan  prior  to  the  delivery  of
34    services.
 
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 1        (c)  The  supervising  physician shall have access to the
 2    medical records of  all  patients  attended  by  a  physician
 3    assistant.   The collaborating physician shall have access to
 4    the medical  records  of  all  patients  attended  to  by  an
 5    advanced practice nurse.
 6        (d)  Nothing  in this Act shall be construed to limit the
 7    delegation of tasks or duties  by  a  physician  licensed  to
 8    practice medicine in all its branches to a licensed practical
 9    nurse, a registered professional nurse, or other personnel.
10        (e)  A  physician  shall  not  be  liable for the acts or
11    omissions of a physician assistant or advanced practice nurse
12    solely on the basis of having signed a supervision  agreement
13    or  guidelines  or  a  collaborative  agreement,  an order, a
14    standing medical order, a standing delegation order, or other
15    order or  guideline  authorizing  a  physician  assistant  or
16    advanced practice nurse to perform acts, unless the physician
17    has  reason  to  believe  the physician assistant or advanced
18    practice nurse lacked the competency to perform  the  act  or
19    acts or commits willful and wanton misconduct.
20    (Source: P.A. 90-742, eff. 8-13-98; 91-414, eff. 8-6-99.)

21        Section 10.  The Physician Assistant Practice Act of 1987
22    is amended by changing Section 7 as follows:

23        (225 ILCS 95/7) (from Ch. 111, par. 4607)
24        (Section scheduled to be repealed on January 1, 2008)
25        Sec.   7.   Supervision  requirements.  No  more  than  2
26    Physician assistants shall be supervised by  the  supervising
27    physician,  although  a  physician assistant shall be able to
28    hold more than one professional position.   Each  supervising
29    physician   shall  file  a  notice  of  supervision  of  such
30    physician assistant according to the rules of the Department.
31    However, the alternate supervising  physician  may  supervise
32    more   than  2  physician  assistants  when  the  supervising
 
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 1    physician is unable to provide  such  supervision  consistent
 2    with  the  definition  of  alternate  physician in Section 4.
 3    Physician assistants shall be supervised only  by  physicians
 4    as  defined in this Act who are engaged in clinical practice,
 5    or in clinical practice in public health or  other  community
 6    health  facilities. Nothing in this Act shall be construed to
 7    limit the delegation of tasks or duties by a physician  to  a
 8    nurse  or  other  appropriately trained personnel. Nothing in
 9    this Act shall be construed to  prohibit  the  employment  of
10    physician  assistants  by  a  hospital, nursing home or other
11    health care facility where such physician assistants function
12    under the supervision of a supervising physician.   Physician
13    assistants  may  be employed by the Department of Corrections
14    or the Department of Human  Services  (as  successor  to  the
15    Department  of  Mental Health and Developmental Disabilities)
16    for service in facilities maintained by such Departments  and
17    affiliated  training  facilities  in programs conducted under
18    the authority of the Director of Corrections or the Secretary
19    of Human Services.  Each physician assistant employed by  the
20    Department of Corrections or the Department of Human Services
21    (as   successor  to  the  Department  of  Mental  Health  and
22    Developmental Disabilities) shall be under the supervision of
23    a physician engaged in clinical practice and  direct  patient
24    care.   Duties  of  each physician assistant employed by such
25    Departments are limited to those within the scope of practice
26    of the supervising physician who is fully responsible for all
27    physician assistant activities.
28    (Source: P.A. 89-507, eff. 7-1-97; 90-116, eff. 7-14-97.)

29        Section 99.  Effective date.  This Act takes effect  upon
30    becoming law.