103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4357

 

Introduced 1/16/2024, by Rep. Margaret Croke

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 60/54.2

    Amends the Medical Practice Act of 1987. Provides that rules adopted by the Department of Financial and Professional Regulation concerning light emitting devices for patient care or treatment shall not require a delegating physician to be present in person to supervise a laser hair removal consultation, examination, or procedure if the laser hair removal consultation, examination, or procedure is performed in an office or practice setting by a physician assistant, advanced practice registered nurse, registered nurse, or licensed practical nurse and the delegating physician is available by two-way, real-time interactive communication.


LRB103 35918 SPS 66005 b

 

 

A BILL FOR

 

HB4357LRB103 35918 SPS 66005 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 54.2 as follows:
 
6    (225 ILCS 60/54.2)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 54.2. Physician delegation of authority.
9    (a) Nothing in this Act shall be construed to limit the
10delegation of patient care tasks or duties by a physician, to a
11licensed practical nurse, a registered professional nurse, or
12other licensed person practicing within the scope of his or
13her individual licensing Act. Delegation by a physician
14licensed to practice medicine in all its branches to physician
15assistants or advanced practice registered nurses is also
16addressed in Section 54.5 of this Act. No physician may
17delegate any patient care task or duty that is statutorily or
18by rule mandated to be performed by a physician.
19    (b) In an office or practice setting and within a
20physician-patient relationship, a physician may delegate
21patient care tasks or duties to an unlicensed person who
22possesses appropriate training and experience provided a
23health care professional, who is practicing within the scope

 

 

HB4357- 2 -LRB103 35918 SPS 66005 b

1of such licensed professional's individual licensing Act, is
2on site to provide assistance.
3    (c) Any such patient care task or duty delegated to a
4licensed or unlicensed person must be within the scope of
5practice, education, training, or experience of the delegating
6physician and within the context of a physician-patient
7relationship.
8    (d) Nothing in this Section shall be construed to affect
9referrals for professional services required by law.
10    (e) The Department shall have the authority to promulgate
11rules concerning a physician's delegation, including but not
12limited to, the use of light emitting devices for patient care
13or treatment; however a delegating physician shall not be
14required to be present in person to supervise a laser hair
15removal consultation, examination, or procedure if the laser
16hair removal consultation, examination, or procedure is
17performed in an office or practice setting by a physician
18assistant, advanced practice registered nurse, registered
19nurse, or licensed practical nurse and the delegating
20physician is available by two-way, real-time interactive
21communication.
22    (f) Nothing in this Act shall be construed to limit the
23method of delegation that may be authorized by any means,
24including, but not limited to, oral, written, electronic,
25standing orders, protocols, guidelines, or verbal orders.
26    (g) A physician licensed to practice medicine in all of

 

 

HB4357- 3 -LRB103 35918 SPS 66005 b

1its branches under this Act may delegate any and all authority
2prescribed to him or her by law to international medical
3graduate physicians, so long as the tasks or duties are within
4the scope of practice, education, training, or experience of
5the delegating physician who is on site to provide assistance.
6An international medical graduate working in Illinois pursuant
7to this subsection is subject to all statutory and regulatory
8requirements of this Act, as applicable, relating to the
9standards of care. An international medical graduate physician
10is limited to providing treatment under the supervision of a
11physician licensed to practice medicine in all of its
12branches. The supervising physician or employer must keep
13record of and make available upon request by the Department
14the following: (1) evidence of education certified by the
15Educational Commission for Foreign Medical Graduates; (2)
16evidence of passage of Step 1, Step 2 Clinical Knowledge, and
17Step 3 of the United States Medical Licensing Examination as
18required by this Act; and (3) evidence of an unencumbered
19license from another country. This subsection does not apply
20to any international medical graduate whose license as a
21physician is revoked, suspended, or otherwise encumbered. This
22subsection is inoperative upon the adoption of rules
23implementing Section 15.5.
24(Source: P.A. 103-1, eff. 4-27-23; 103-102, eff. 6-16-23.)