Full Text of SB0318 96th General Assembly
SB0318eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Medical Practice Act of 1987 is amended by | 5 |
| changing Section 54.5 and by adding Section 54.2 as follows: | 6 |
| (225 ILCS 60/54.2 new) | 7 |
| (Section scheduled to be repealed on December 31, 2010) | 8 |
| Sec. 54.2. Physician delegation of authority. | 9 |
| (a) Nothing in this Act shall be construed to limit the | 10 |
| delegation of tasks or duties by a physician licensed to | 11 |
| practice medicine in all its branches to a licensed practical | 12 |
| nurse, a registered professional nurse, or other licensed | 13 |
| person practicing within the scope of his or her individual | 14 |
| licensing Act. | 15 |
| (b) A physician licensed to practice medicine in all its | 16 |
| branches may delegate tasks and duties to an appropriately | 17 |
| trained licensed or unlicensed person. Any such task or duty | 18 |
| delegated to a licensed or unlicensed person must be within the | 19 |
| education, training, or experience of the delegating physician | 20 |
| and within the context of a physician-patient relationship. | 21 |
| (c) A chiropractic physician may delegate tasks and duties | 22 |
| to an appropriately trained licensed or unlicensed person. Any | 23 |
| task or duty delegated to a licensed or unlicensed person by |
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| the chiropractic physician: | 2 |
| (1) must fall within the scope of practice of the | 3 |
| chiropractic physician as defined by this Act; | 4 |
| (2) must be within the education, training, or | 5 |
| experience of the delegating chiropractic physician; and | 6 |
| (3) can only be delegated within the context of a | 7 |
| physician-patient relationship.
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| (225 ILCS 60/54.5)
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| (Section scheduled to be repealed on December 31, 2010)
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| Sec. 54.5. Physician delegation of authority to physician | 11 |
| assistants and advanced practice nurses .
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| (a) Physicians licensed to practice medicine in all its
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| branches may delegate care and treatment responsibilities to a
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| physician assistant under guidelines in accordance with the
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| requirements of the Physician Assistant Practice Act of
1987. A | 16 |
| physician licensed to practice medicine in all its
branches may | 17 |
| enter into supervising physician agreements with
no more than 2 | 18 |
| physician assistants.
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| (b) A physician licensed to practice medicine in all its
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| branches in active clinical practice may collaborate with an | 21 |
| advanced practice
nurse in accordance with the requirements of | 22 |
| the Nurse Practice Act. Collaboration
is for the purpose of | 23 |
| providing medical consultation,
and no employment relationship | 24 |
| is required. A
written collaborative agreement shall
conform to | 25 |
| the requirements of Section 65-35 of the Nurse Practice Act. |
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| The written collaborative agreement shall
be for
services the | 2 |
| collaborating physician generally provides to
his or her | 3 |
| patients in the normal course of clinical medical practice.
A | 4 |
| written collaborative agreement shall be adequate with respect | 5 |
| to collaboration
with advanced practice nurses if all of the | 6 |
| following apply:
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| (1) The agreement is written to promote the exercise of | 8 |
| professional judgment by the advanced practice nurse | 9 |
| commensurate with his or her education and experience. The | 10 |
| agreement need not describe the exact steps that an | 11 |
| advanced practice nurse must take with respect to each | 12 |
| specific condition, disease, or symptom, but must specify | 13 |
| those procedures that require a physician's presence as the | 14 |
| procedures are being performed.
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| (2) Practice guidelines and orders are developed and | 16 |
| approved jointly by the advanced practice nurse and | 17 |
| collaborating physician, as needed, based on the practice | 18 |
| of the practitioners. Such guidelines and orders and the | 19 |
| patient services provided thereunder are periodically | 20 |
| reviewed by the collaborating physician.
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| (3) The advance practice nurse provides services the | 22 |
| collaborating physician generally provides to his or her | 23 |
| patients in the normal course of clinical practice, except | 24 |
| as set forth in subsection (b-5) of this Section. With | 25 |
| respect to labor and delivery, the collaborating physician | 26 |
| must provide delivery services in order to participate with |
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| a certified nurse midwife. | 2 |
| (4) The collaborating physician and advanced practice | 3 |
| nurse meet in person at least once a month to provide | 4 |
| collaboration and consultation. | 5 |
| (5) Methods of communication are available with the | 6 |
| collaborating physician in person or through | 7 |
| telecommunications for consultation, collaboration, and | 8 |
| referral as needed to address patient care needs. | 9 |
| (6) The agreement contains provisions detailing notice | 10 |
| for termination or change of status involving a written | 11 |
| collaborative agreement, except when such notice is given | 12 |
| for just cause.
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| (b-5) An anesthesiologist or physician licensed to | 14 |
| practice medicine in
all its branches may collaborate with a | 15 |
| certified registered nurse anesthetist
in accordance with | 16 |
| Section 65-35 of the Nurse Practice Act for the provision of | 17 |
| anesthesia services. With respect to the provision of | 18 |
| anesthesia services, the collaborating anesthesiologist or | 19 |
| physician shall have training and experience in the delivery of | 20 |
| anesthesia services consistent with Department rules. | 21 |
| Collaboration shall be
adequate if:
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| (1) an anesthesiologist or a physician
participates in | 23 |
| the joint formulation and joint approval of orders or
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| guidelines and periodically reviews such orders and the | 25 |
| services provided
patients under such orders; and
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| (2) for anesthesia services, the anesthesiologist
or |
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| physician participates through discussion of and agreement | 2 |
| with the
anesthesia plan and is physically present and | 3 |
| available on the premises during
the delivery of anesthesia | 4 |
| services for
diagnosis, consultation, and treatment of | 5 |
| emergency medical conditions.
Anesthesia services in a | 6 |
| hospital shall be conducted in accordance with
Section 10.7 | 7 |
| of the Hospital Licensing Act and in an ambulatory surgical
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| treatment center in accordance with Section 6.5 of the | 9 |
| Ambulatory Surgical
Treatment Center Act.
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| (b-10) The anesthesiologist or operating physician must | 11 |
| agree with the
anesthesia plan prior to the delivery of | 12 |
| services.
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| (c) The supervising physician shall have access to the
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| medical records of all patients attended by a physician
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| assistant. The collaborating physician shall have access to
the | 16 |
| medical records of all patients attended to by an
advanced | 17 |
| practice nurse.
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| (d) Nothing in this Act
shall be construed to limit the | 19 |
| delegation of
tasks or duties by a physician licensed to | 20 |
| practice medicine
in all its branches to a licensed practical | 21 |
| nurse, a registered professional
nurse, or other persons in | 22 |
| accordance with Section 54.2 .
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| (e) A physician shall not be liable for the acts or
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| omissions of a physician assistant or advanced practice
nurse | 25 |
| solely on the basis of having signed a
supervision agreement or | 26 |
| guidelines or a collaborative
agreement, an order, a standing |
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| medical order, a
standing delegation order, or other order or | 2 |
| guideline
authorizing a physician assistant or advanced | 3 |
| practice
nurse to perform acts, unless the physician has
reason | 4 |
| to believe the physician assistant or advanced
practice nurse | 5 |
| lacked the competency to perform
the act or acts or commits | 6 |
| willful and wanton misconduct.
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| (Source: P.A. 95-639, eff. 10-5-07 .)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law. |
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