98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5337

 

Introduced , by Rep. Patrick J. Verschoore

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 65/50-10  was 225 ILCS 65/5-10
225 ILCS 95/4  from Ch. 111, par. 4604

    Amends the Nurse Practice Act and Physician Assistant Practice Act of 1987. Defines "hospital affiliate" in both Acts.


LRB098 16916 ZMM 51991 b

 

 

A BILL FOR

 

HB5337LRB098 16916 ZMM 51991 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 Nurse Practice Act is amended by changing
5Section 50-10 as follows:
 
6    (225 ILCS 65/50-10)   (was 225 ILCS 65/5-10)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 50-10. Definitions. Each of the following terms, when
9used in this Act, shall have the meaning ascribed to it in this
10Section, except where the context clearly indicates otherwise:
11    "Academic year" means the customary annual schedule of
12courses at a college, university, or approved school,
13customarily regarded as the school year as distinguished from
14the calendar year.
15    "Advanced practice nurse" or "APN" means a person who has
16met the qualifications for a (i) certified nurse midwife (CNM);
17(ii) certified nurse practitioner (CNP); (iii) certified
18registered nurse anesthetist (CRNA); or (iv) clinical nurse
19specialist (CNS) and has been licensed by the Department. All
20advanced practice nurses licensed and practicing in the State
21of Illinois shall use the title APN and may use specialty
22credentials after their name.
23    "Approved program of professional nursing education" and

 

 

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1"approved program of practical nursing education" are programs
2of professional or practical nursing, respectively, approved
3by the Department under the provisions of this Act.
4    "Board" means the Board of Nursing appointed by the
5Secretary.
6    "Collaboration" means a process involving 2 or more health
7care professionals working together, each contributing one's
8respective area of expertise to provide more comprehensive
9patient care.
10    "Consultation" means the process whereby an advanced
11practice nurse seeks the advice or opinion of another health
12care professional.
13    "Credentialed" means the process of assessing and
14validating the qualifications of a health care professional.
15    "Current nursing practice update course" means a planned
16nursing education curriculum approved by the Department
17consisting of activities that have educational objectives,
18instructional methods, content or subject matter, clinical
19practice, and evaluation methods, related to basic review and
20updating content and specifically planned for those nurses
21previously licensed in the United States or its territories and
22preparing for reentry into nursing practice.
23    "Dentist" means a person licensed to practice dentistry
24under the Illinois Dental Practice Act.
25    "Department" means the Department of Financial and
26Professional Regulation.

 

 

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1    "Hospital affiliate" means a corporation, partnership,
2joint venture, limited liability company, or similar
3organization, other than a hospital, that is devoted primarily
4to the provision, management, or support of health care
5services and that directly or indirectly controls, is
6controlled by, or is under common control of the hospital. For
7the purposes of this definition, "control" means having at
8least an equal or a majority ownership or membership interest.
9A hospital affiliate shall be 100% owned or controlled by any
10combination of hospitals, their parent corporations, or
11physicians licensed to practice medicine in all its branches in
12Illinois. "Hospital affiliate" does not include a health
13maintenance organization regulated under the Health
14Maintenance Organization Act.
15    "Impaired nurse" means a nurse licensed under this Act who
16is unable to practice with reasonable skill and safety because
17of a physical or mental disability as evidenced by a written
18determination or written consent based on clinical evidence,
19including loss of motor skills, abuse of drugs or alcohol, or a
20psychiatric disorder, of sufficient degree to diminish his or
21her ability to deliver competent patient care.
22    "License-pending advanced practice nurse" means a
23registered professional nurse who has completed all
24requirements for licensure as an advanced practice nurse except
25the certification examination and has applied to take the next
26available certification exam and received a temporary license

 

 

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1from the Department.
2    "License-pending registered nurse" means a person who has
3passed the Department-approved registered nurse licensure exam
4and has applied for a license from the Department. A
5license-pending registered nurse shall use the title "RN lic
6pend" on all documentation related to nursing practice.
7    "Physician" means a person licensed to practice medicine in
8all its branches under the Medical Practice Act of 1987.
9    "Podiatric physician" means a person licensed to practice
10podiatry under the Podiatric Medical Practice Act of 1987.
11    "Practical nurse" or "licensed practical nurse" means a
12person who is licensed as a practical nurse under this Act and
13practices practical nursing as defined in this Act. Only a
14practical nurse licensed under this Act is entitled to use the
15title "licensed practical nurse" and the abbreviation
16"L.P.N.".
17    "Practical nursing" means the performance of nursing acts
18requiring the basic nursing knowledge, judgement, and skill
19acquired by means of completion of an approved practical
20nursing education program. Practical nursing includes
21assisting in the nursing process as delegated by a registered
22professional nurse or an advanced practice nurse. The practical
23nurse may work under the direction of a licensed physician,
24dentist, podiatric physician, or other health care
25professional determined by the Department.
26    "Privileged" means the authorization granted by the

 

 

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1governing body of a healthcare facility, agency, or
2organization to provide specific patient care services within
3well-defined limits, based on qualifications reviewed in the
4credentialing process.
5    "Registered Nurse" or "Registered Professional Nurse"
6means a person who is licensed as a professional nurse under
7this Act and practices nursing as defined in this Act. Only a
8registered nurse licensed under this Act is entitled to use the
9titles "registered nurse" and "registered professional nurse"
10and the abbreviation, "R.N.".
11    "Registered professional nursing practice" is a scientific
12process founded on a professional body of knowledge; it is a
13learned profession based on the understanding of the human
14condition across the life span and environment and includes all
15nursing specialties and means the performance of any nursing
16act based upon professional knowledge, judgment, and skills
17acquired by means of completion of an approved professional
18nursing education program. A registered professional nurse
19provides holistic nursing care through the nursing process to
20individuals, groups, families, or communities, that includes
21but is not limited to: (1) the assessment of healthcare needs,
22nursing diagnosis, planning, implementation, and nursing
23evaluation; (2) the promotion, maintenance, and restoration of
24health; (3) counseling, patient education, health education,
25and patient advocacy; (4) the administration of medications and
26treatments as prescribed by a physician licensed to practice

 

 

HB5337- 6 -LRB098 16916 ZMM 51991 b

1medicine in all of its branches, a licensed dentist, a licensed
2podiatric physician, or a licensed optometrist or as prescribed
3by a physician assistant in accordance with written guidelines
4required under the Physician Assistant Practice Act of 1987 or
5by an advanced practice nurse in accordance with Article 65 of
6this Act; (5) the coordination and management of the nursing
7plan of care; (6) the delegation to and supervision of
8individuals who assist the registered professional nurse
9implementing the plan of care; and (7) teaching nursing
10students. The foregoing shall not be deemed to include those
11acts of medical diagnosis or prescription of therapeutic or
12corrective measures.
13    "Professional assistance program for nurses" means a
14professional assistance program that meets criteria
15established by the Board of Nursing and approved by the
16Secretary, which provides a non-disciplinary treatment
17approach for nurses licensed under this Act whose ability to
18practice is compromised by alcohol or chemical substance
19addiction.
20    "Secretary" means the Secretary of Financial and
21Professional Regulation.
22    "Unencumbered license" means a license issued in good
23standing.
24    "Written collaborative agreement" means a written
25agreement between an advanced practice nurse and a
26collaborating physician, dentist, or podiatric physician

 

 

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1pursuant to Section 65-35.
2(Source: P.A. 97-813, eff. 7-13-12; 98-214, eff. 8-9-13.)
 
3    Section 10. The Physician Assistant Practice Act of 1987 is
4amended by changing Section 4 as follows:
 
5    (225 ILCS 95/4)  (from Ch. 111, par. 4604)
6    (Section scheduled to be repealed on January 1, 2018)
7    Sec. 4. In this Act:
8    1. "Department" means the Department of Financial and
9Professional Regulation.
10    2. "Secretary" means the Secretary of Financial and
11Professional Regulation.
12    3. "Physician assistant" means any person who has been
13certified as a physician assistant by the National Commission
14on the Certification of Physician Assistants or equivalent
15successor agency and performs procedures under the supervision
16of a physician as defined in this Act. A physician assistant
17may perform such procedures within the specialty of the
18supervising physician, except that such physician shall
19exercise such direction, supervision and control over such
20physician assistants as will assure that patients shall receive
21quality medical care. Physician assistants shall be capable of
22performing a variety of tasks within the specialty of medical
23care under the supervision of a physician. Supervision of the
24physician assistant shall not be construed to necessarily

 

 

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1require the personal presence of the supervising physician at
2all times at the place where services are rendered, as long as
3there is communication available for consultation by radio,
4telephone or telecommunications within established guidelines
5as determined by the physician/physician assistant team. The
6supervising physician may delegate tasks and duties to the
7physician assistant. Delegated tasks or duties shall be
8consistent with physician assistant education, training, and
9experience. The delegated tasks or duties shall be specific to
10the practice setting and shall be implemented and reviewed
11under a written supervision agreement established by the
12physician or physician/physician assistant team. A physician
13assistant, acting as an agent of the physician, shall be
14permitted to transmit the supervising physician's orders as
15determined by the institution's by-laws, policies, procedures,
16or job description within which the physician/physician
17assistant team practices. Physician assistants shall practice
18only in accordance with a written supervision agreement.
19    4. "Board" means the Medical Licensing Board constituted
20under the Medical Practice Act of 1987.
21    5. "Disciplinary Board" means the Medical Disciplinary
22Board constituted under the Medical Practice Act of 1987.
23    6. "Physician" means, for purposes of this Act, a person
24licensed to practice medicine in all its branches under the
25Medical Practice Act of 1987.
26    7. "Supervising Physician" means, for the purposes of this

 

 

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1Act, the primary supervising physician of a physician
2assistant, who, within his specialty and expertise may delegate
3a variety of tasks and procedures to the physician assistant.
4Such tasks and procedures shall be delegated in accordance with
5a written supervision agreement. The supervising physician
6maintains the final responsibility for the care of the patient
7and the performance of the physician assistant.
8    8. "Alternate supervising physician" means, for the
9purpose of this Act, any physician designated by the
10supervising physician to provide supervision in the event that
11he or she is unable to provide that supervision. The Department
12may further define "alternate supervising physician" by rule.
13    The alternate supervising physicians shall maintain all
14the same responsibilities as the supervising physician.
15Nothing in this Act shall be construed as relieving any
16physician of the professional or legal responsibility for the
17care and treatment of persons attended by him or by physician
18assistants under his supervision. Nothing in this Act shall be
19construed as to limit the reasonable number of alternate
20supervising physicians, provided they are designated by the
21supervising physician.
22    9. "Address of record" means the designated address
23recorded by the Department in the applicant's or licensee's
24application file or license file maintained by the Department's
25licensure maintenance unit. It is the duty of the applicant or
26licensee to inform the Department of any change of address, and

 

 

HB5337- 10 -LRB098 16916 ZMM 51991 b

1such changes must be made either through the Department's
2website or by contacting the Department's licensure
3maintenance unit.
4    10. "Hospital affiliate" means a corporation, partnership,
5joint venture, limited liability company, or similar
6organization, other than a hospital, that is devoted primarily
7to the provision, management, or support of health care
8services and that directly or indirectly controls, is
9controlled by, or is under common control of the hospital. For
10the purposes of this definition, "control" means having at
11least an equal or a majority ownership or membership interest.
12A hospital affiliate shall be 100% owned or controlled by any
13combination of hospitals, their parent corporations, or
14physicians licensed to practice medicine in all its branches in
15Illinois. "Hospital affiliate" does not include a health
16maintenance organization regulated under the Health
17Maintenance Organization Act.
18(Source: P.A. 96-268, eff. 8-11-09; 97-1071, eff. 8-24-12.)