101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1725

 

Introduced 2/15/2019, by Sen. Antonio Muņoz

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Medical Practice Act of 1987. Provides that a physician licensed to practice medicine in all its branches may collaborate with a physician assistant (rather than may delegate care and treatment responsibilities to a physician assistant). Provides that a collaborative agreement shall be for services in the same area of practice or specialty as the collaborating physician in his or her medical practice. Deletes language providing that a physician may enter into collaborative agreements with no more than 7 full-time physician assistants. Amends the Physician Practice Act of 1987. Provides that a physician assistant in a health professional shortage area with a score greater than or equal to 12 shall own his or her own medical practice. Provides that medical and surgical services provided by a physician assistant include: obtaining and performing comprehensive health histories and physical examinations; evaluating, diagnosing, and providing medical treatment; ordering, performing, and interpreting diagnostic studies and therapeutic procedures; educating patients on health promotion and disease prevention; providing consultation upon request; and writing medical orders. Provides other provisions regarding scope of practice. Deletes language requiring: a written collaborative agreement for all physician assistants to practice in the State; and a written collaborative agreement to describe the working relationship of the physician assistant with the collaborating physician and the categories of care, treatment, or procedures to be provided by the physician assistant. Creates the Physician Assistant Medical Licensing Board (rather than the physician assistant advisory committee). Makes other changes. Effective January 1, 2020.


LRB101 08895 JRG 53985 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1725LRB101 08895 JRG 53985 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Medical Practice Act of 1987 is amended by
5changing Section 54.5 as follows:
 
6    (225 ILCS 60/54.5)
7    (Section scheduled to be repealed on December 31, 2019)
8    Sec. 54.5. Physician delegation of authority to physician
9assistants, advanced practice registered nurses without full
10practice authority, and prescribing psychologists.
11    (a) A physician licensed to practice medicine in all its
12branches may collaborate with a physician assistant under
13guidelines in accordance with the requirements of the Physician
14Assistant Practice Act 1987. Collaboration is for the purpose
15of providing medical consultation, and no employment
16relationship is required. A collaborative agreement shall
17conform to the requirements of Section 7 of the Physician
18Assistant Practice Act of 1987. The collaborative agreement
19shall be for services in the same area of practice or specialty
20as the collaborating physician in his or her clinical medical
21practice. A collaborative agreement shall be adequate with
22respect to collaboration with physician assistant if all of the
23following apply:

 

 

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1        (1) The agreement is to promote the exercise of
2    professional judgment by the physician assistant
3    commensurate with his or her education and experience.
4        (2) The physician assistant provides services based
5    upon a collaborative agreement with the collaborating
6    physician, except as set forth in section 7.7 of the
7    Physician Assistant Practice Act of 1987. With respect to
8    labor and delivery, the collaborating physician must
9    provide delivery services in order to participate with the
10    physician assistant.
11        (3) Methods of communication are available with the
12    collaborating physician in person or through
13    telecommunications for consultation, collaboration, and
14    referral as needed to address patient care needs.
15    Physicians licensed to practice medicine in all its
16    branches may delegate care and treatment responsibilities
17    to a physician assistant under guidelines in accordance
18    with the requirements of the Physician Assistant Practice
19    Act of 1987. A physician licensed to practice medicine in
20    all its branches may enter into collaborative agreements
21    with no more than 7 full-time equivalent physician
22    assistants, except in a hospital, hospital affiliate, or
23    ambulatory surgical treatment center as set forth by
24    Section 7.7 of the Physician Assistant Practice Act of 1987
25    and as provided in subsection (a-5).
26    (a-5) (Blank). A physician licensed to practice medicine in

 

 

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1all its branches may collaborate with more than 7 physician
2assistants when the services are provided in a federal primary
3care health professional shortage area with a Health
4Professional Shortage Area score greater than or equal to 12,
5as determined by the United States Department of Health and
6Human Services.
7    The collaborating physician must keep appropriate
8documentation of meeting this exemption and make it available
9to the Department upon request.
10    (b) A physician licensed to practice medicine in all its
11branches in active clinical practice may collaborate with an
12advanced practice registered nurse in accordance with the
13requirements of the Nurse Practice Act. Collaboration is for
14the purpose of providing medical consultation, and no
15employment relationship is required. A written collaborative
16agreement shall conform to the requirements of Section 65-35 of
17the Nurse Practice Act. The written collaborative agreement
18shall be for services in the same area of practice or specialty
19as the collaborating physician in his or her clinical medical
20practice. A written collaborative agreement shall be adequate
21with respect to collaboration with advanced practice
22registered nurses if all of the following apply:
23        (1) The agreement is written to promote the exercise of
24    professional judgment by the advanced practice registered
25    nurse commensurate with his or her education and
26    experience.

 

 

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1        (2) The advanced practice registered nurse provides
2    services based upon a written collaborative agreement with
3    the collaborating physician, except as set forth in
4    subsection (b-5) of this Section. With respect to labor and
5    delivery, the collaborating physician must provide
6    delivery services in order to participate with a certified
7    nurse midwife.
8        (3) Methods of communication are available with the
9    collaborating physician in person or through
10    telecommunications for consultation, collaboration, and
11    referral as needed to address patient care needs.
12    (b-5) An anesthesiologist or physician licensed to
13practice medicine in all its branches may collaborate with a
14certified registered nurse anesthetist in accordance with
15Section 65-35 of the Nurse Practice Act for the provision of
16anesthesia services. With respect to the provision of
17anesthesia services, the collaborating anesthesiologist or
18physician shall have training and experience in the delivery of
19anesthesia services consistent with Department rules.
20Collaboration shall be adequate if:
21        (1) an anesthesiologist or a physician participates in
22    the joint formulation and joint approval of orders or
23    guidelines and periodically reviews such orders and the
24    services provided patients under such orders; and
25        (2) for anesthesia services, the anesthesiologist or
26    physician participates through discussion of and agreement

 

 

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1    with the anesthesia plan and is physically present and
2    available on the premises during the delivery of anesthesia
3    services for diagnosis, consultation, and treatment of
4    emergency medical conditions. Anesthesia services in a
5    hospital shall be conducted in accordance with Section 10.7
6    of the Hospital Licensing Act and in an ambulatory surgical
7    treatment center in accordance with Section 6.5 of the
8    Ambulatory Surgical Treatment Center Act.
9    (b-10) The anesthesiologist or operating physician must
10agree with the anesthesia plan prior to the delivery of
11services.
12    (c) The collaborating physician shall have access to the
13medical records of all patients attended by a physician
14assistant. The collaborating physician shall have access to the
15medical records of all patients attended to by an advanced
16practice registered nurse.
17    (d) (Blank).
18    (e) A physician shall not be liable for the acts or
19omissions of a prescribing psychologist, physician assistant,
20or advanced practice registered nurse solely on the basis of
21having signed a supervision agreement or guidelines or a
22collaborative agreement, an order, a standing medical order, a
23standing delegation order, or other order or guideline
24authorizing a prescribing psychologist, physician assistant,
25or advanced practice registered nurse to perform acts, unless
26the physician has reason to believe the prescribing

 

 

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1psychologist, physician assistant, or advanced practice
2registered nurse lacked the competency to perform the act or
3acts or commits willful and wanton misconduct.
4    (f) A collaborating physician may, but is not required to,
5delegate prescriptive authority to an advanced practice
6registered nurse as part of a written collaborative agreement,
7and the delegation of prescriptive authority shall conform to
8the requirements of Section 65-40 of the Nurse Practice Act.
9    (g) A collaborating physician may, but is not required to,
10delegate prescriptive authority to a physician assistant as
11part of a written collaborative agreement, and the delegation
12of prescriptive authority shall conform to the requirements of
13Section 7.5 of the Physician Assistant Practice Act of 1987.
14    (h) (Blank).
15    (i) A collaborating physician shall delegate prescriptive
16authority to a prescribing psychologist as part of a written
17collaborative agreement, and the delegation of prescriptive
18authority shall conform to the requirements of Section 4.3 of
19the Clinical Psychologist Licensing Act.
20    (j) As set forth in Section 22.2 of this Act, a licensee
21under this Act may not directly or indirectly divide, share, or
22split any professional fee or other form of compensation for
23professional services with anyone in exchange for a referral or
24otherwise, other than as provided in Section 22.2.
25(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
26100-513, eff. 1-1-18; 100-605, eff. 1-1-19; 100-863, eff.

 

 

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18-14-18.)
 
2    Section 10. The Physician Assistant Practice Act of 1987 is
3amended by adding Section 6.1 and changing Sections 1, 4, 5,
45.5, 6, 7, 7.5, 7.7, 11, 21, and 22.1 as follows:
 
5    (225 ILCS 95/1)  (from Ch. 111, par. 4601)
6    (Section scheduled to be repealed on January 1, 2028)
7    Sec. 1. Legislative purpose. The practice as a physician
8assistant in the State of Illinois is hereby declared to affect
9the public health, safety and welfare and to be subject to
10regulation and control in the public interest. The purpose and
11legislative intent of this Act is to encourage and promote the
12more effective utilization of the skills of physicians by
13enabling them to collaborate on delegate certain health tasks
14to physician assistants where such delegation is consistent
15with the health and welfare of the patient and is conducted at
16the direction of and under the responsible supervision of the
17physician.
18    It is further declared to be a matter of public health and
19concern that the practice as a physician assistant, as defined
20in this Act, merit and receive the confidence of the public,
21that only qualified persons be authorized to practice as a
22physician assistant in the State of Illinois. This Act shall be
23liberally construed to best carry out these subjects and
24purposes.

 

 

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1(Source: P.A. 100-453, eff. 8-25-17.)
 
2    (225 ILCS 95/4)  (from Ch. 111, par. 4604)
3    (Section scheduled to be repealed on January 1, 2028)
4    Sec. 4. Definitions. In this Act:
5    1. "Department" means the Department of Financial and
6Professional Regulation.
7    2. "Secretary" means the Secretary of Financial and
8Professional Regulation.
9    3. "Physician assistant" means any person not holding an
10active license or permit issued by the Department pursuant to
11the Medical Practice Act of 1987 who has been certified as a
12physician assistant by the National Commission on the
13Certification of Physician Assistants or equivalent successor
14agency and performs procedures in collaboration with a
15physician as defined in this Act. A physician assistant may
16perform such procedures within the specialty of the
17collaborating physician, except that such physician shall
18exercise such direction, collaboration, and control over such
19physician assistants as will assure that patients shall receive
20quality medical care. Physician assistants shall be capable of
21performing a variety of tasks within the specialty of medical
22care in collaboration with a physician. Collaboration with the
23physician assistant shall not be construed to necessarily
24require the personal presence of the collaborating physician at
25all times at the place where services are rendered, as long as

 

 

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1there is communication available for consultation by radio,
2telephone or telecommunications within established guidelines
3as determined by the physician/physician assistant team. The
4collaborating physician may collaborate on delegate tasks and
5duties with to the physician assistant. Collaborated Delegated
6tasks or duties shall be consistent with physician assistant
7education, training, and experience. The collaborated
8delegated tasks or duties shall be specific to the practice
9setting and shall be implemented and reviewed under a written
10collaborative agreement established by the physician or
11physician/physician assistant team. A physician assistant,
12acting as an agent of the physician, shall be permitted to
13transmit the collaborating physician's orders as determined by
14the institution's by-laws, policies, procedures, or job
15description within which the physician/physician assistant
16team practices. Physician assistants shall practice only in
17accordance with a written collaborative agreement.
18    Any person who holds an active license or permit issued
19pursuant to the Medical Practice Act of 1987 shall have that
20license automatically placed into inactive status upon
21issuance of a physician assistant license. Any person who holds
22an active license as a physician assistant who is issued a
23license or permit pursuant to the Medical Practice Act of 1987
24shall have his or her physician assistant license automatically
25placed into inactive status.
26    3.5. "Physician assistant practice" means the performance

 

 

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1of procedures, including procedures in the behavioral and
2mental health services, within the specialty of the
3collaborating physician. Physician assistants shall be capable
4of performing a variety of tasks within the specialty of
5medical care of the collaborating physician. Collaboration
6with the physician assistant shall not be construed to
7necessarily require the personal presence of the collaborating
8physician at all times at the place where services are
9rendered, as long as there is communication available for
10consultation by radio, telephone, telecommunications, or
11electronic communications. The collaborating physician may
12collaborate on delegate tasks and duties with to the physician
13assistant. Delegated tasks or duties shall be consistent with
14physician assistant education, training, and experience. The
15delegated tasks or duties shall be specific to the practice
16setting and shall be implemented and reviewed under a written
17collaborative agreement established by the physician or
18physician/physician assistant team. A physician assistant
19shall be permitted to transmit the collaborating physician's
20orders as determined by the institution's bylaws, policies, or
21procedures or the job description within which the
22physician/physician assistant team practices. Physician
23assistants shall practice only in accordance with a written
24collaborative agreement, except as provided in Section 7.5 of
25this Act.
26    4. "Board" means the Medical Licensing Board constituted

 

 

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1under the Medical Practice Act of 1987.
2    5. "Disciplinary Board" means the Medical Disciplinary
3Board constituted under the Medical Practice Act of 1987.
4    6. "Physician" means a person licensed to practice medicine
5in all of its branches under the Medical Practice Act of 1987.
6    7. "Collaborating physician" means the physician who,
7within his or her specialty and expertise, may collaborate on
8delegate a variety of tasks and procedures with to the
9physician assistant. Such tasks and procedures shall be
10collaborated delegated in accordance with a written
11collaborative agreement.
12    8. (Blank).
13    9. "Address of record" means the designated address
14recorded by the Department in the applicant's or licensee's
15application file or license file maintained by the Department's
16licensure maintenance unit.
17    10. "Hospital affiliate" means a corporation, partnership,
18joint venture, limited liability company, or similar
19organization, other than a hospital, that is devoted primarily
20to the provision, management, or support of health care
21services and that directly or indirectly controls, is
22controlled by, or is under common control of the hospital. For
23the purposes of this definition, "control" means having at
24least an equal or a majority ownership or membership interest.
25A hospital affiliate shall be 100% owned or controlled by any
26combination of hospitals, their parent corporations, or

 

 

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1physicians licensed to practice medicine in all its branches in
2Illinois. "Hospital affiliate" does not include a health
3maintenance organization regulated under the Health
4Maintenance Organization Act.
5    11. "Email address of record" means the designated email
6address recorded by the Department in the applicant's
7application file or the licensee's license file, as maintained
8by the Department's licensure maintenance unit.
9(Source: P.A. 99-330, eff. 1-1-16; 100-453, eff. 8-25-17.)
 
10    (225 ILCS 95/5.5)
11    (Section scheduled to be repealed on January 1, 2028)
12    Sec. 5.5. Billing. A physician assistant shall not be
13allowed to personally bill patients or in any way charge for
14services. The employer of a physician assistant may charge for
15services rendered by the physician assistant. All claims for
16services rendered by the physician assistant shall be submitted
17using the physician assistant's national provider
18identification number as the rendering provider whenever
19appropriate. Payment for services rendered by a physician
20assistant shall be made to his or her employer if the payor
21would have made payment had the services been provided by a
22physician licensed to provide medicine in all of its branches.
23A physician assistant in a health professional shortage area
24with a score greater than or equal to 12 shall own his or her
25own medical practice.

 

 

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1(Source: P.A. 100-453, eff. 8-25-17; 100-559, eff. 12-8-17.)
 
2    (225 ILCS 95/6)  (from Ch. 111, par. 4606)
3    (Section scheduled to be repealed on January 1, 2028)
4    Sec. 6. Physician assistant title.
5    (a) No physician assistant shall use the title of doctor,
6physician, or associate with his or her name or any other term
7that would indicate to other persons that he or she is
8qualified to engage in the general practice of medicine.
9    (b) A physician assistant shall verbally identify himself
10or herself as a physician assistant, including specialty
11certification, to each patient.
12    (c) Nothing in this Act shall be construed to relieve a
13physician assistant of the professional or legal
14responsibility for the care and treatment of persons attended
15by him or her.
16    (d) The collaborating physician shall file with the
17Department notice of employment, discharge, or collaboration
18with a physician assistant at the time of employment,
19discharge, or assumption of collaboration with a physician
20assistant.
21(Source: P.A. 100-453, eff. 8-25-17.)
 
22    (225 ILCS 95/6.1 new)
23    Sec. 6.1. Scope of practice.
24    (a) Medical and surgical services provided by a physician

 

 

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1assistant include, but are not limited to:
2        (i) obtaining and performing comprehensive health
3    histories and physical examinations;
4        (ii) evaluating, diagnosing, managing, and providing
5    medical treatment;
6        (iii) ordering, performing, and interpreting
7    diagnostic studies and therapeutic procedures;
8        (iv) educating patients on health promotion and
9    disease prevention;
10        (v) providing consultation upon request; and
11        (vi) writing medical orders.
12    (b) A physician assistant may provide services in health
13care facilities or programs including, but not limited to,
14hospitals, nursing facilities, assisted living facilities,
15behavioral and mental health facilities, and hospices.
16    (c) A physician assistant may obtain informed consent.
17    (d) A physician assistant may supervise, delegate, and
18assign therapeutic and diagnostic measures to licensed or
19unlicensed personnel.
20    (e) A physician assistant may certify the health or
21disability of a patient as required by any local, State, or
22federal program.
23    (f) A physician assistant may authenticate any document
24with his or her signature, certification, stamp, verification,
25affidavit, or endorsement if it may be authenticated by the
26signature, certification, stamp, verification, affidavit, or

 

 

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1endorsement of a physician.
2    (g) A physician assistant shall collaborate with, consult
3with, or refer to the appropriate member of the healthcare team
4as indicated by the patient's condition, the education,
5experience, and competencies of the physician assistant, and
6the standard of care. The degree of collaboration shall be
7determined by the practice which may include decisions made by
8the employer, group, hospital service, and the credentialing
9and privileging systems of licensed facilities.
10    (h) A physician assistant is responsible for the care they
11provide.
 
12    (225 ILCS 95/7)  (from Ch. 111, par. 4607)
13    (Section scheduled to be repealed on January 1, 2028)
14    Sec. 7. Collaboration requirements.
15    (a) A collaborating physician shall determine the number of
16physician assistants to collaborate with, provided the
17physician is able to provide adequate collaboration as outlined
18in the written collaborative agreement required under Section
197.5 of this Act and consideration is given to the nature of the
20physician's practice, complexity of the patient population,
21and the experience of each physician assistant. A collaborating
22physician may collaborate with a maximum of 7 full-time
23equivalent physician assistants as described in Section 54.5 of
24the Medical Practice Act of 1987. As used in this Section,
25"full-time equivalent" means the equivalent of 40 hours per

 

 

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1week per individual. Physicians and physician assistants who
2work in a hospital, hospital affiliate, or ambulatory surgical
3treatment center as defined by Section 7.7 of this Act are
4exempt from the collaborative ratio restriction requirements
5of this Section. A physician assistant shall be able to hold
6more than one professional position. A collaborating physician
7shall file a notice of collaboration of each physician
8assistant according to the rules of the Department.
9    Physician assistants shall collaborate only with
10physicians as defined in this Act who are engaged in clinical
11practice, or in clinical practice in public health or other
12community health facilities.
13    Nothing in this Act shall be construed to limit the
14delegation of tasks or duties by a physician to a nurse or
15other appropriately trained personnel.
16    Nothing in this Act shall be construed to prohibit the
17employment of physician assistants by a hospital, nursing home
18or other health care facility where such physician assistants
19function under a collaborating physician.
20    A physician assistant may be employed by a practice group
21or other entity employing multiple physicians at one or more
22locations. In that case, one of the physicians practicing at a
23location shall be designated the collaborating physician. The
24other physicians with that practice group or other entity who
25practice in the same general type of practice or specialty as
26the collaborating physician may collaborate with the physician

 

 

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1assistant with respect to their patients.
2    (b) A physician assistant licensed in this State, or
3licensed or authorized to practice in any other U.S.
4jurisdiction or credentialed by his or her federal employer as
5a physician assistant, who is responding to a need for medical
6care created by an emergency or by a state or local disaster
7may render such care that the physician assistant is able to
8provide without collaboration as it is defined in this Section
9or with such collaboration as is available.
10    Any physician who collaborates with a physician assistant
11providing medical care in response to such an emergency or
12state or local disaster shall not be required to meet the
13requirements set forth in this Section for a collaborating
14physician.
15(Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19.)
 
16    (225 ILCS 95/7.5)
17    (Section scheduled to be repealed on January 1, 2028)
18    Sec. 7.5. Collaborative Written collaborative agreements;
19prescriptive authority.
20    (a) A written collaborative agreement is required for all
21physician assistants to practice in the State, except as
22provided in Section 7.7 of this Act.
23        (1) A written collaborative agreement shall describe
24    the working relationship of the physician assistant with
25    the collaborating physician and shall describe the

 

 

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1    categories of care, treatment, or procedures to be provided
2    by the physician assistant. The written collaborative
3    agreement shall be established at the practice level and
4    shall promote the exercise of professional judgment by the
5    physician assistant commensurate with his or her education
6    and experience. The services to be provided by the
7    physician assistant shall be services that the
8    collaborating physician is authorized to and generally
9    provides to his or her patients in the normal course of his
10    or her clinical medical practice. The written
11    collaborative agreement need not describe the exact steps
12    that a physician assistant must take with respect to each
13    specific condition, disease, or symptom but must specify
14    which authorized procedures require the presence of the
15    collaborating physician as the procedures are being
16    performed. The relationship under a written collaborative
17    agreement shall not be construed to require the personal
18    presence of a physician at the place where services are
19    rendered. Methods of communication shall be available for
20    consultation with the collaborating physician in person or
21    by telecommunications or electronic communications as set
22    forth in the written collaborative agreement. For the
23    purposes of this Act, "generally provides to his or her
24    patients in the normal course of his or her clinical
25    medical practice" means services, not specific tasks or
26    duties, the collaborating physician routinely provides

 

 

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1    individually or through delegation to other persons so that
2    the physician has the experience and ability to collaborate
3    and provide consultation.
4        (2) The written collaborative agreement shall be
5    adequate if a physician does each of the following:
6            (A) Participates in the joint formulation and
7        joint approval of orders or guidelines with the
8        physician assistant and he or she periodically reviews
9        such orders and the services provided patients under
10        such orders in accordance with accepted standards of
11        medical practice and physician assistant practice.
12            (B) Provides consultation at least once a month.
13        (3) A copy of the signed, written collaborative
14    agreement must be available to the Department upon request
15    from both the physician assistant and the collaborating
16    physician.
17        (4) A physician assistant shall inform each
18    collaborating physician of all written collaborative
19    agreements he or she has signed and provide a copy of these
20    to any collaborating physician upon request.
21    (b) A collaborating physician may, but is not required to,
22delegate prescriptive authority to a physician assistant as
23part of a written collaborative agreement. This authority may,
24but is not required to, include prescription of, selection of,
25orders for, administration of, storage of, acceptance of
26samples of, and dispensing medical devices, over the counter

 

 

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1medications, legend drugs, medical gases, and controlled
2substances categorized as Schedule II through V controlled
3substances, as defined in Article II of the Illinois Controlled
4Substances Act, and other preparations, including, but not
5limited to, botanical and herbal remedies. The collaborating
6physician must have a valid, current Illinois controlled
7substance license and federal registration with the Drug
8Enforcement Agency to delegate the authority to prescribe
9controlled substances.
10        (1) To prescribe Schedule II, III, IV, or V controlled
11    substances under this Section, a physician assistant must
12    obtain a mid-level practitioner controlled substances
13    license. Medication orders issued by a physician assistant
14    shall be reviewed periodically by the collaborating
15    physician.
16        (2) The collaborating physician shall file with the
17    Department notice of delegation of prescriptive authority
18    to a physician assistant and termination of delegation,
19    specifying the authority delegated or terminated. Upon
20    receipt of this notice delegating authority to prescribe
21    controlled substances, the physician assistant shall be
22    eligible to register for a mid-level practitioner
23    controlled substances license under Section 303.05 of the
24    Illinois Controlled Substances Act. Nothing in this Act
25    shall be construed to limit the delegation of tasks or
26    duties by the collaborating physician to a nurse or other

 

 

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1    appropriately trained persons in accordance with Section
2    54.2 of the Medical Practice Act of 1987.
3        (3) In addition to the requirements of this subsection
4    (b), a collaborating physician may, but is not required to,
5    delegate authority to a physician assistant to prescribe
6    Schedule II controlled substances, if all of the following
7    conditions apply:
8            (A) Specific Schedule II controlled substances by
9        oral dosage or topical or transdermal application may
10        be delegated, provided that the delegated Schedule II
11        controlled substances are routinely prescribed by the
12        collaborating physician. This delegation must identify
13        the specific Schedule II controlled substances by
14        either brand name or generic name. Schedule II
15        controlled substances to be delivered by injection or
16        other route of administration may not be delegated.
17            (B) (Blank).
18            (C) Any prescription must be limited to no more
19        than a 30-day supply, with any continuation authorized
20        only after prior approval of the collaborating
21        physician.
22            (D) The physician assistant must discuss the
23        condition of any patients for whom a controlled
24        substance is prescribed monthly with the collaborating
25        physician.
26            (E) The physician assistant meets the education

 

 

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1        requirements of Section 303.05 of the Illinois
2        Controlled Substances Act.
3    (c) Nothing in this Act shall be construed to limit the
4delegation of tasks or duties by a physician to a licensed
5practical nurse, a registered professional nurse, or other
6persons. Nothing in this Act shall be construed to limit the
7method of delegation that may be authorized by any means,
8including, but not limited to, oral, written, electronic,
9standing orders, protocols, guidelines, or verbal orders.
10Nothing in this Act shall be construed to authorize a physician
11assistant to provide health care services required by law or
12rule to be performed by a physician.
13    (c-5) Nothing in this Section shall be construed to apply
14to any medication authority, including Schedule II controlled
15substances of a licensed physician assistant for care provided
16in a hospital, hospital affiliate, or ambulatory surgical
17treatment center pursuant to Section 7.7 of this Act.
18    (d) (Blank).
19    (e) Nothing in this Section shall be construed to prohibit
20generic substitution.
21(Source: P.A. 100-453, eff. 8-25-17.)
 
22    (225 ILCS 95/7.7)
23    (Section scheduled to be repealed on January 1, 2028)
24    Sec. 7.7. Physician assistants in hospitals, hospital
25affiliates, or ambulatory surgical treatment centers.

 

 

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1    (a) A physician assistant may provide services in a
2hospital as defined in the Hospital Licensing Act, a hospital
3affiliate as defined in the University of Illinois Hospital
4Act, or a licensed ambulatory surgical treatment center as
5defined in the Ambulatory Surgical Treatment Center Act without
6a written collaborative agreement pursuant to Section 7.5 of
7this Act. A physician assistant must possess clinical
8privileges recommended by the hospital medical staff and
9granted by the hospital or the consulting medical staff
10committee and ambulatory surgical treatment center in order to
11provide services. The medical staff or consulting medical staff
12committee shall periodically review the services of physician
13assistants granted clinical privileges, including any care
14provided in a hospital affiliate. Authority may also be granted
15when recommended by the hospital medical staff and granted by
16the hospital or recommended by the consulting medical staff
17committee and ambulatory surgical treatment center to
18individual physician assistants to select, order, and
19administer medications, including controlled substances, to
20provide delineated care. In a hospital, hospital affiliate, or
21ambulatory surgical treatment center, the attending physician
22shall collaborate with a physician determine a physician
23assistant's role in providing care for his or her patients,
24except as otherwise provided in the medical staff bylaws or
25consulting committee policies.
26    (a-5) Physician assistants practicing in a hospital

 

 

SB1725- 24 -LRB101 08895 JRG 53985 b

1affiliate may be, but are not required to be, granted authority
2to prescribe Schedule II through V controlled substances when
3such authority is recommended by the appropriate physician
4committee of the hospital affiliate and granted by the hospital
5affiliate. This authority may, but is not required to, include
6prescription of, selection of, orders for, administration of,
7storage of, acceptance of samples of, and dispensing
8over-the-counter medications, legend drugs, medical gases, and
9controlled substances categorized as Schedule II through V
10controlled substances, as defined in Article II of the Illinois
11Controlled Substances Act, and other preparations, including,
12but not limited to, botanical and herbal remedies.
13    To prescribe controlled substances under this subsection
14(a-5), a physician assistant must obtain a mid-level
15practitioner controlled substance license. Medication orders
16shall be reviewed periodically by the appropriate hospital
17affiliate physicians committee or its physician designee.
18    The hospital affiliate shall file with the Department
19notice of a grant of prescriptive authority consistent with
20this subsection (a-5) and termination of such a grant of
21authority in accordance with rules of the Department. Upon
22receipt of this notice of grant of authority to prescribe any
23Schedule II through V controlled substances, the licensed
24physician assistant may register for a mid-level practitioner
25controlled substance license under Section 303.05 of the
26Illinois Controlled Substances Act.

 

 

SB1725- 25 -LRB101 08895 JRG 53985 b

1    In addition, a hospital affiliate may, but is not required
2to, grant authority to a physician assistant to prescribe any
3Schedule II controlled substances if all of the following
4conditions apply:
5        (1) specific Schedule II controlled substances by oral
6    dosage or topical or transdermal application may be
7    designated, provided that the designated Schedule II
8    controlled substances are routinely prescribed by
9    physician assistants in their area of certification; this
10    grant of authority must identify the specific Schedule II
11    controlled substances by either brand name or generic name;
12    authority to prescribe or dispense Schedule II controlled
13    substances to be delivered by injection or other route of
14    administration may not be granted;
15        (2) any grant of authority must be controlled
16    substances limited to the practice of the physician
17    assistant;
18        (3) any prescription must be limited to no more than a
19    30-day supply;
20        (4) the physician assistant must discuss the condition
21    of any patients for whom a controlled substance is
22    prescribed monthly with the appropriate physician
23    committee of the hospital affiliate or its physician
24    designee; and
25        (5) the physician assistant must meet the education
26    requirements of Section 303.05 of the Illinois Controlled

 

 

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1    Substances Act.
2    (b) A physician assistant granted authority to order
3medications including controlled substances may complete
4discharge prescriptions provided the prescription is in the
5name of the physician assistant and the attending or
6discharging physician.
7    (c) Physician assistants practicing in a hospital,
8hospital affiliate, or an ambulatory surgical treatment center
9are not required to obtain a mid-level controlled substance
10license to order controlled substances under Section 303.05 of
11the Illinois Controlled Substances Act.
12(Source: P.A. 100-453, eff. 8-25-17.)
 
13    (225 ILCS 95/11)  (from Ch. 111, par. 4611)
14    (Section scheduled to be repealed on January 1, 2028)
15    Sec. 11. Physician Assistant Medical Licensing Board
16Committee. There is established a Physician Assistant Medical
17Licensing Board physician assistant advisory committee to the
18Department and the Medical Licensing Board. The Physician
19Assistant Medical Licensing Board physician assistant advisory
20committee may manage and regulate review and make
21recommendations to the Department and the Board regarding all
22matters relating to physician assistants. Such matters may
23include, but not be limited to:
24        (1) applications for licensure;
25        (2) disciplinary proceedings;

 

 

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1        (3) renewal requirements; and
2        (4) any other issues pertaining to the regulation and
3    practice of physician assistants in the State.
4    The Physician Assistant Medical Licensing Board physician
5assistant advisory committee shall be composed of 7 members.
6Three of the 7 members shall be physicians, 2 of whom shall be
7members of the Board and appointed to the advisory committee by
8the chairman. One physician, not a member of the Board, shall
9be a supervisor of a licensed physician assistant and shall be
10approved by the Governor from a list of Illinois physicians
11supervising licensed physician assistants. Three members shall
12be physician assistants, licensed under the law and appointed
13by the Governor from a list of 10 names recommended by the
14Board of Directors of the Illinois Academy of Physician
15Assistants. One member, not employed or having any material
16interest in any health care field, shall be appointed by the
17Governor and represent the public. The chairman of the
18Physician Assistant Medical Licensing Board physician
19assistant advisory committee shall be a member elected by a
20majority vote of the Physician Assistant Medical Licensing
21Board physician assistant advisory committee unless already a
22member of the Board. The Physician Assistant Medical Licensing
23Board physician assistant advisory committee is required to
24meet and report to the Department and the Board as physician
25assistant issues arise. The terms of office of each of the
26original 7 members shall be at staggered intervals. One

 

 

SB1725- 28 -LRB101 08895 JRG 53985 b

1physician and one physician assistant shall serve for a 2 year
2term. One physician and one physician assistant shall serve a 3
3year term. One physician, one physician assistant and the
4public member shall serve a 4 year term. Upon the expiration of
5the term of any member, his successor shall be appointed for a
6term of 4 years in the same manner as the initial appointment.
7No member shall serve more than 2 consecutive terms.
8    Four members of the Physician Assistant Medical Licensing
9Board physician assistant advisory committee shall constitute
10a quorum. A quorum is required to perform all of the duties of
11the committee.
12    Members of the Physician Assistant Medical Licensing Board
13physician assistant advisory committee shall have no liability
14for any action based upon a disciplinary proceeding or other
15activity performed in good faith as a member of the committee.
16(Source: P.A. 95-703, eff. 12-31-07; 96-720, eff. 8-25-09.)
 
17    Section 99. Effective date. This Act takes effect January
181, 2020.

 

 

SB1725- 29 -LRB101 08895 JRG 53985 b

1 INDEX
2 Statutes amended in order of appearance
3    225 ILCS 60/54.5
4    225 ILCS 95/1from Ch. 111, par. 4601
5    225 ILCS 95/4from Ch. 111, par. 4604
6    225 ILCS 95/5.5
7    225 ILCS 95/6from Ch. 111, par. 4606
8    225 ILCS 95/6.1 new
9    225 ILCS 95/7from Ch. 111, par. 4607
10    225 ILCS 95/7.5
11    225 ILCS 95/7.7
12    225 ILCS 95/11from Ch. 111, par. 4611