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225 ILCS 130/40

    (225 ILCS 130/40)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 40. Application of Act. This Act shall not be construed to prohibit the following:
        (1) A person licensed in this State under any other
    
Act from engaging in the practice for which he or she is licensed, including but not limited to a physician licensed to practice medicine in all its branches, physician assistant, advanced practice registered nurse, or nurse performing surgery-related tasks within the scope of his or her license, nor are these individuals required to be registered under this Act.
        (2) A person from engaging in practice as a surgical
    
assistant or surgical technologist in the discharge of his or her official duties as an employee of the United States government.
        (3) One or more registered surgical assistants or
    
surgical technologists from forming a professional service corporation in accordance with the Professional Service Corporation Act and applying for licensure as a corporation providing surgical assistant or surgical technologist services.
        (4) A student engaging in practice as a surgical
    
assistant or surgical technologist under the direct supervision of a physician licensed to practice medicine in all of its branches as part of his or her program of study at a school approved by the Department or in preparation to qualify for the examination as prescribed under Sections 45 and 50 of this Act.
        (5) A person from assisting in surgery at a
    
physician's discretion, including but not limited to medical students and residents, nor are medical students and residents required to be registered under this Act.
        (6) A hospital, health system or network, ambulatory
    
surgical treatment center, physician licensed to practice medicine in all its branches, physician medical group, or other entity that provides surgery-related services from employing individuals that the entity considers competent to assist in surgery. These entities are not required to utilize registered surgical assistants or registered surgical technologists when providing surgery-related services to patients. Nothing in this subsection shall be construed to limit the ability of an employer to utilize the services of any person to assist in surgery within the employment setting consistent with the individual's skill and training.
(Source: P.A. 100-513, eff. 1-1-18.)