(225 ILCS 60/54.5)
(Section scheduled to be repealed on December 31, 2013)
Physician delegation of authority to physician assistants and advanced practice nurses.
(a) Physicians licensed to practice medicine in all its
branches may delegate care and treatment responsibilities to a
physician assistant under guidelines in accordance with the
requirements of the Physician Assistant Practice Act of
1987. A physician licensed to practice medicine in all its
branches may enter into supervising physician agreements with
no more than 5 physician assistants as set forth in subsection (a) of Section 7 of the Physician Assistant Practice Act of 1987.
(b) A physician licensed to practice medicine in all its
branches in active clinical practice may collaborate with an advanced practice
nurse in accordance with the requirements of the Nurse Practice Act. Collaboration
is for the purpose of providing medical consultation,
and no employment relationship is required. A
written collaborative agreement shall
conform to the requirements of Section 65-35 of the Nurse Practice Act. The written collaborative agreement shall
services the collaborating physician generally provides or may provide in
his or her clinical medical practice.
A written collaborative agreement shall be adequate with respect to collaboration
with advanced practice nurses if all of the following apply:
(1) The agreement is written to promote the exercise
of professional judgment by the advanced practice nurse commensurate with his or her education and experience. The agreement need not describe the exact steps that an advanced practice nurse must take with respect to each specific condition, disease, or symptom, but must specify those procedures that require a physician's presence as the procedures are being performed.
(2) Practice guidelines and orders are developed and
approved jointly by the advanced practice nurse and collaborating physician, as needed, based on the practice of the practitioners. Such guidelines and orders and the patient services provided thereunder are periodically reviewed by the collaborating physician.
(3) The advance practice nurse provides services the
collaborating physician generally provides or may provide in his or her clinical medical practice, except as set forth in subsection (b-5) of this Section. With respect to labor and delivery, the collaborating physician must provide delivery services in order to participate with a certified nurse midwife.
(4) The collaborating physician and advanced
practice nurse consult at least once a month to provide collaboration and consultation.
(5) Methods of communication are available with the
collaborating physician in person or through telecommunications for consultation, collaboration, and referral as needed to address patient care needs.
(6) The agreement contains provisions detailing
notice for termination or change of status involving a written collaborative agreement, except when such notice is given for just cause.
(b-5) An anesthesiologist or physician licensed to practice medicine in
all its branches may collaborate with a certified registered nurse anesthetist
in accordance with Section 65-35 of the Nurse Practice Act for the provision of anesthesia services. With respect to the provision of anesthesia services, the collaborating anesthesiologist or physician shall have training and experience in the delivery of anesthesia services consistent with Department rules. Collaboration shall be
(1) an anesthesiologist or a physician participates
in the joint formulation and joint approval of orders or guidelines and periodically reviews such orders and the services provided patients under such orders; and
(2) for anesthesia services, the anesthesiologist or
physician participates through discussion of and agreement with the anesthesia plan and is physically present and available on the premises during the delivery of anesthesia services for diagnosis, consultation, and treatment of emergency medical conditions. Anesthesia services in a hospital shall be conducted in accordance with Section 10.7 of the Hospital Licensing Act and in an ambulatory surgical treatment center in accordance with Section 6.5 of the Ambulatory Surgical Treatment Center Act.
(b-10) The anesthesiologist or operating physician must agree with the
anesthesia plan prior to the delivery of services.
(c) The supervising physician shall have access to the
medical records of all patients attended by a physician
assistant. The collaborating physician shall have access to
the medical records of all patients attended to by an
advanced practice nurse.
(e) A physician shall not be liable for the acts or
omissions of a physician assistant or advanced practice
nurse solely on the basis of having signed a
supervision agreement or guidelines or a collaborative
agreement, an order, a standing medical order, a
standing delegation order, or other order or guideline
authorizing a physician assistant or advanced practice
nurse to perform acts, unless the physician has
reason to believe the physician assistant or advanced
practice nurse lacked the competency to perform
the act or acts or commits willful and wanton misconduct.
(f) A collaborating physician may, but is not required to, delegate prescriptive authority to an advanced practice nurse as part of a written collaborative agreement, and the delegation of prescriptive authority shall conform to the requirements of Section 65-40 of the Nurse Practice Act.
(g) A supervising physician may, but is not required to, delegate prescriptive authority to a physician assistant as part of a written supervision agreement, and the delegation of prescriptive authority shall conform to the requirements of Section 7.5 of the Physician Assistant Practice Act of 1987.
(h) For the purposes of this Section, "generally provides or may provide in his or her clinical medical practice" means categories of care or treatment, not specific tasks or duties, that the physician provides individually or through delegation to other persons so that the physician has the experience and ability to provide collaboration and consultation. This definition shall not be construed to prohibit an advanced practice nurse from providing primary health treatment or care within the scope of his or her training and experience, including, but not limited to, health screenings, patient histories, physical examinations, women's health examinations, or school physicals that may be provided as part of the routine practice of an advanced practice nurse or on a volunteer basis.
(Source: P.A. 97-358, eff. 8-12-11; 97-1071, eff. 8-24-12; 98-192, eff. 1-1-14.)