093_HB3047sam001











                                     LRB093 06091 AMC 14785 a

 1                    AMENDMENT TO HOUSE BILL 3047

 2        AMENDMENT NO.     .  Amend House Bill 3047  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Physician Assistant Practice Act of 1987
 5    is amended by changing Section 7 as follows:

 6        (225 ILCS 95/7) (from Ch. 111, par. 4607)
 7        (Section scheduled to be repealed on January 1, 2008)
 8        Sec.   7.   Supervision  requirements.  No  more  than  2
 9    physician assistants shall be supervised by  the  supervising
10    physician,  although  a  physician assistant shall be able to
11    hold more than one professional position.   Each  supervising
12    physician   shall  file  a  notice  of  supervision  of  such
13    physician assistant according to the rules of the Department.
14    However, the alternate supervising  physician  may  supervise
15    more   than  2  physician  assistants  when  the  supervising
16    physician is unable to provide  such  supervision  consistent
17    with the definition of alternate physician in Section 4.
18        Physician   assistants   shall   be  supervised  only  by
19    physicians as defined in this Act who are engaged in clinical
20    practice, or in clinical practice in public health  or  other
21    community health facilities.
22        Nothing  in  this  Act  shall  be  construed to limit the
 
                            -2-      LRB093 06091 AMC 14785 a
 1    delegation of tasks or duties by a physician to  a  nurse  or
 2    other appropriately trained personnel.
 3        Nothing  in  this  Act shall be construed to prohibit the
 4    employment of physician assistants  by  a  hospital,  nursing
 5    home  or  other  health  care  facility  where such physician
 6    assistants function under the supervision  of  a  supervising
 7    physician.
 8        Physician assistants may be employed by the Department of
 9    Corrections or the Department of Human Services (as successor
10    to   the   Department  of  Mental  Health  and  Developmental
11    Disabilities) for service in facilities  maintained  by  such
12    Departments  and  affiliated  training facilities in programs
13    conducted under the authority of the Director of  Corrections
14    or the Secretary of Human Services.  Each physician assistant
15    employed  by  the Department of Corrections or the Department
16    of Human Services (as successor to the Department  of  Mental
17    Health  and  Developmental  Disabilities)  shall be under the
18    supervision of a physician engaged in clinical  practice  and
19    direct  patient  care.   Duties  of  each physician assistant
20    employed by such Departments are limited to those within  the
21    scope  of  practice of the supervising physician who is fully
22    responsible for all physician assistant activities.
23        A physician assistant may be employed by a practice group
24    or other entity employing multiple physicians at one or  more
25    locations.  In that case, one of the physicians practicing at
26    a  location  shall  be  designated the supervising physician.
27    The other physicians with that practice group or other entity
28    who  practice  in  the  same  general  type  of  practice  or
29    specialty as the  supervising  physician  may  supervise  the
30    physician  assistant  with  respect to their patients without
31    being deemed alternate supervising physicians for the purpose
32    of this Act.
33    (Source: P.A. 89-507, eff. 7-1-97; 90-116, eff. 7-14-97.)
 
                            -3-      LRB093 06091 AMC 14785 a
 1        Section 10.  The Radiation  Protection  Act  of  1990  is
 2    amended by changing Sections 5 and 6 as follows:

 3        (420 ILCS 40/5) (from Ch. 111 1/2, par. 210-5)
 4        (Section scheduled to be repealed on January 1, 2011)
 5        Sec. 5.  Limitations on application of radiation to human
 6    beings  and requirements for radiation installation operators
 7    providing mammography services.
 8        (a)  No person shall intentionally  administer  radiation
 9    to a human being unless such person is licensed to practice a
10    treatment  of  human  ailments  by  virtue  of  the  Illinois
11    Medical,  Dental  or  Podiatric Medical Practice Acts, or, as
12    physician assistant,  advanced  practice  nurse,  technician,
13    nurse,  or  other assistant, is acting under the supervision,
14    prescription or direction of such licensed person.   However,
15    no   such   physician  assistant,  advanced  practice  nurse,
16    technician,  nurse,  or  other  assistant  acting  under  the
17    supervision of a person licensed under the  Medical  Practice
18    Act  of  1987,  shall  administer  radiation  to human beings
19    unless accredited by the Department of Nuclear Safety, except
20    that persons enrolled in a course of  education  approved  by
21    the Department of Nuclear Safety may apply ionizing radiation
22    to  human  beings  as  required by their course of study when
23    under the direct supervision of a person licensed  under  the
24    Medical  Practice  Act of 1987.  No person authorized by this
25    Section  to  apply  ionizing  radiation  shall   apply   such
26    radiation  except  to those parts of the human body specified
27    in the Act under which  such  person  or  his  supervisor  is
28    licensed.  No  person  may  operate  a radiation installation
29    where ionizing radiation  is  administered  to  human  beings
30    unless  all persons who administer ionizing radiation in that
31    radiation installation are licensed, accredited, or  exempted
32    in  accordance  with  this  Section.  Nothing in this Section
33    shall be deemed to relieve a person from complying  with  the
 
                            -4-      LRB093 06091 AMC 14785 a
 1    provisions of Section 10.
 2        (b)  In  addition,  no  person  shall provide mammography
 3    services unless all of the following requirements are met:
 4             (1)  the mammography procedures are performed  using
 5        a  radiation  machine  that  is specifically designed for
 6        mammography;
 7             (2)  the mammography procedures are performed  using
 8        a  radiation  machine  that is used solely for performing
 9        mammography procedures;
10             (3)  the mammography procedures are performed  using
11        equipment  that has been subjected to a quality assurance
12        program that  satisfies  quality  assurance  requirements
13        which the Department shall establish by rule;
14             (4)  beginning  one year after the effective date of
15        this amendatory Act of 1991, if the mammography procedure
16        is  performed  by   a   radiologic   technologist,   that
17        technologist,  in  addition  to  being  accredited by the
18        Department to perform radiography, has satisfied training
19        requirements   specific   to   mammography,   which   the
20        Department shall establish by rule.
21        (c)  Every operator of a radiation installation at  which
22    mammography  services  are  provided  shall  ensure  and have
23    confirmed by each mammography patient  that  the  patient  is
24    provided  with  a  pamphlet which is orally reviewed with the
25    patient and which contains the following:
26             (1)  how to perform breast self-examination;
27             (2)  that  early  detection  of  breast  cancer   is
28        maximized  through  a  combined  approach,  using monthly
29        breast self-examination, a thorough physical  examination
30        performed  by  a  physician, and mammography performed at
31        recommended intervals;
32             (3)  that mammography is the  most  accurate  method
33        for  making an early detection of breast cancer, however,
34        no diagnostic tool is 100% effective;
 
                            -5-      LRB093 06091 AMC 14785 a
 1             (4)  that if the patient is self-referred  and  does
 2        not  have  a primary care physician, or if the patient is
 3        unfamiliar with the breast examination  procedures,  that
 4        the  patient  has  received  information regarding public
 5        health services where she can obtain a breast examination
 6        and instructions.
 7    (Source: P.A. 89-187, eff. 7-19-95.)

 8        (420 ILCS 40/6) (from Ch. 111 1/2, par. 210-6)
 9        (Section scheduled to be repealed on January 1, 2011)
10        Sec. 6.  Accreditation of  administrators  of  radiation;
11    Limited   scope   accreditation;   Rules   and   regulations;
12    Education.
13        (a)  The  Department  shall  promulgate  such  rules  and
14    regulations  as  are  necessary  to  establish  accreditation
15    standards  and  procedures,  including  a  minimum  course of
16    education  and  continuing  education  requirements  in   the
17    administration  of  radiation  to  human  beings,  which  are
18    appropriate  to the classification of accreditation and which
19    are to be met by all physician assistants, advanced  practice
20    nurses,   nurses,   technicians,   or  other  assistants  who
21    administer radiation to human beings under the supervision of
22    a person licensed under the Medical  Practice  Act  of  1987.
23    Such  rules and regulations may provide for different classes
24    of accreditation based on evidence of national certification,
25    clinical experience or community hardship  as  conditions  of
26    initial   and   continuing   accreditation.   The  rules  and
27    regulations  of  the  Department  shall  be  consistent  with
28    national standards in regard to the protection of the  health
29    and safety of the general public.
30        (b)  The  rules  and  regulations shall also provide that
31    persons who  have  been  accredited  by  the  Department,  in
32    accordance with the Radiation Protection Act, without passing
33    an examination, will remain accredited as provided in Section
 
                            -6-      LRB093 06091 AMC 14785 a
 1    43  of  this  Act  and  that those persons may be accredited,
 2    without passing  an  examination,  to  use  other  equipment,
 3    procedures,  or  supervision  within the original category of
 4    accreditation if the Department receives  written  assurances
 5    from  a  person  licensed  under  the Medical Practice Act of
 6    1987, that the person accredited has the necessary skill  and
 7    qualifications  for  such  additional equipment procedures or
 8    supervision.   The  Department  shall,  in  accordance   with
 9    subsection (c) of this Section, provide for the accreditation
10    of  nurses, technicians, or other assistants, unless exempted
11    elsewhere  in  this  Act,  to  perform  a  limited  scope  of
12    diagnostic  radiography  procedures   of   the   chest,   the
13    extremities, skull and sinuses, or the spine, while under the
14    supervision  of  a person licensed under the Medical Practice
15    Act of 1987.
16        (c)  The  rules  or  regulations   promulgated   by   the
17    Department   pursuant   to  subsection  (a)  shall  establish
18    standards and procedures for accrediting persons to perform a
19    limited scope of diagnostic radiography procedures. The rules
20    or regulations shall require persons  seeking  limited  scope
21    accreditation   to   register   with   the  Department  as  a
22    "student-in-training," and declare those procedures in  which
23    the    student    will    be    receiving    training.    The
24    student-in-training registration shall be valid for a  period
25    of  16  months,  during which the time the student may, under
26    the supervision  of  a  person  licensed  under  the  Medical
27    Practice  Act  of  1987,  perform  the diagnostic radiography
28    procedures  listed  on  the   student's   registration.   The
29    student-in-training registration shall be nonrenewable.
30        Upon  expiration  of  the  16  month training period, the
31    student  shall  be  prohibited  from  performing   diagnostic
32    radiography procedures unless accredited by the Department to
33    perform  such  procedures.   In  order  to  be  accredited to
34    perform a limited scope of diagnostic radiography procedures,
 
                            -7-      LRB093 06091 AMC 14785 a
 1    an  individual  must  pass  an  examination  offered  by  the
 2    Department.   The  examination  shall  be   consistent   with
 3    national  standards  in regard to protection of public health
 4    and safety. The examination shall consist of  a  standardized
 5    component   covering   general   principles   applicable   to
 6    diagnostic  radiography  procedures  and a clinical component
 7    specific to the types of procedures for  which  accreditation
 8    is  being sought.  The Department may assess a reasonable fee
 9    for such examinations to cover  the  costs  incurred  by  the
10    Department in conjunction with offering the examinations.
11        (d)  The  Department  shall  by rule or regulation exempt
12    from accreditation physician  assistants,  advanced  practice
13    nurses,   nurses,   technicians,   or  other  assistants  who
14    administer radiation to human beings under supervision  of  a
15    person licensed to practice under the Medical Practice Act of
16    1987  when  the  services  are  performed  on  employees of a
17    business at a medical facility  owned  and  operated  by  the
18    business.   Such exemption shall only apply to the equipment,
19    procedures and supervision specific to the  medical  facility
20    owned and operated by the business.
21    (Source: P.A. 90-14, eff. 7-1-97.)

22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.".