HB4357 EngrossedLRB103 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7    (Section scheduled to be repealed on January 1, 2027)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 Engrossed- 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 adopt
11promulgate rules concerning a physician's delegation,
12including but not limited to, the use of light emitting
13devices for patient care or treatment. An on-site physician
14examination prior to the performance of a non-ablative laser
15procedure shall not be required when:
16        (1) the laser hair removal facility follows a
17    physician supervision protocol, made available to the
18    Department upon request;
19        (2) the procedure is performed by a registered nurse
20    or licensed practical nurse;
21        (3) an advanced practice registered nurse or a
22    physician assistant examines the patient and determines a
23    course of treatment appropriate to the patient prior to a
24    non-ablative laser procedure being performed; and
25        (4) an advanced practice registered nurse, physician
26    assistant, or physician is available for on-site

 

 

HB4357 Engrossed- 3 -LRB103 35918 SPS 66005 b

1    supervision or by telephone or other electronic means to
2    respond promptly to any questions or complications that
3    may occur.
4    (f) Nothing in this Act shall be construed to limit the
5method of delegation that may be authorized by any means,
6including, but not limited to, oral, written, electronic,
7standing orders, protocols, guidelines, or verbal orders.
8    (g) A physician licensed to practice medicine in all of
9its branches under this Act may delegate any and all authority
10prescribed to him or her by law to international medical
11graduate physicians, so long as the tasks or duties are within
12the scope of practice, education, training, or experience of
13the delegating physician who is on site to provide assistance.
14An international medical graduate working in Illinois pursuant
15to this subsection is subject to all statutory and regulatory
16requirements of this Act, as applicable, relating to the
17standards of care. An international medical graduate physician
18is limited to providing treatment under the supervision of a
19physician licensed to practice medicine in all of its
20branches. The supervising physician or employer must keep
21record of and make available upon request by the Department
22the following: (1) evidence of education certified by the
23Educational Commission for Foreign Medical Graduates; (2)
24evidence of passage of Step 1, Step 2 Clinical Knowledge, and
25Step 3 of the United States Medical Licensing Examination as
26required by this Act; and (3) evidence of an unencumbered

 

 

HB4357 Engrossed- 4 -LRB103 35918 SPS 66005 b

1license from another country. This subsection does not apply
2to any international medical graduate whose license as a
3physician is revoked, suspended, or otherwise encumbered. This
4subsection is inoperative upon the adoption of rules
5implementing Section 15.5.
6(Source: P.A. 103-1, eff. 4-27-23; 103-102, eff. 6-16-23.)