Full Text of HB4579 101st General Assembly
HB4579 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4579 Introduced 2/5/2020, by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: |
| 225 ILCS 65/65-35 | was 225 ILCS 65/15-15 |
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Amends the Nurse Practice Act. Provides that, in the case of anesthesia services provided by a certified registered nurse anesthetist, a physician, a dentist, or a podiatric physician must participate through discussion of and agreement with the anesthesia plan and remain available during the delivery of surgical anesthesia services for diagnosis, consultation, and treatment of emergency medical conditions (rather than an anesthesiologist, a physician, a dentist, or a podiatric physician must participate through discussion of and agreement with the anesthesia plan and remain physically present and available on the premises during the delivery of anesthesia services for diagnosis, consultation, and treatment of emergency medical conditions). Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Nurse Practice Act is amended by changing | 5 | | Section 65-35 as follows:
| 6 | | (225 ILCS 65/65-35)
(was 225 ILCS 65/15-15)
| 7 | | (Section scheduled to be repealed on January 1, 2028)
| 8 | | Sec. 65-35. Written collaborative
agreements. | 9 | | (a) A written collaborative agreement is required for all | 10 | | advanced practice registered nurses engaged in clinical | 11 | | practice prior to meeting the requirements of Section 65-43, | 12 | | except for advanced practice registered nurses who are | 13 | | privileged to practice in a hospital, hospital affiliate, or | 14 | | ambulatory surgical treatment center. | 15 | | (a-5) If an advanced practice registered nurse engages in | 16 | | clinical practice outside of a hospital, hospital affiliate, or | 17 | | ambulatory surgical treatment center in which he or she is | 18 | | privileged to practice, the advanced practice registered nurse | 19 | | must have a written collaborative agreement, except as set | 20 | | forth in Section 65-43.
| 21 | | (b) A written collaborative
agreement shall describe the | 22 | | relationship of the
advanced practice registered nurse with the | 23 | | collaborating
physician and shall describe the categories of
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| 1 | | care, treatment, or procedures to be provided by the advanced
| 2 | | practice registered nurse. A collaborative agreement with a | 3 | | podiatric physician must be in accordance with subsection (c-5) | 4 | | or (c-15) of this Section. A collaborative agreement with a | 5 | | dentist must be in accordance with subsection (c-10) of this | 6 | | Section. A collaborative agreement with a podiatric physician | 7 | | must be in accordance with subsection (c-5) of this Section. | 8 | | Collaboration does not require an
employment relationship | 9 | | between the collaborating physician
and the advanced practice | 10 | | registered nurse.
| 11 | | The collaborative
relationship under an agreement shall | 12 | | not be
construed to require the personal presence of a | 13 | | collaborating physician at the place where services are | 14 | | rendered.
Methods of communication shall
be available for | 15 | | consultation with the collaborating
physician in person or by | 16 | | telecommunications or electronic communications as set forth | 17 | | in the written
agreement.
| 18 | | (b-5) Absent an employment relationship, a written | 19 | | collaborative agreement may not (1) restrict the categories of | 20 | | patients of an advanced practice registered nurse within the | 21 | | scope of the advanced practice registered nurses training and | 22 | | experience, (2) limit third party payors or government health | 23 | | programs, such as the medical assistance program or Medicare | 24 | | with which the advanced practice registered nurse contracts, or | 25 | | (3) limit the geographic area or practice location of the | 26 | | advanced practice registered nurse in this State. |
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| 1 | | (c)
In the case of anesthesia services provided by a | 2 | | certified registered nurse anesthetist, an anesthesiologist, a | 3 | | physician, a dentist, or a podiatric physician must participate | 4 | | through discussion of and agreement with the anesthesia plan | 5 | | and remain physically present and available on the premises | 6 | | during the delivery of surgical anesthesia services for | 7 | | diagnosis, consultation, and treatment of emergency medical | 8 | | conditions.
| 9 | | (c-5) A certified registered nurse anesthetist, who | 10 | | provides anesthesia services outside of a hospital or | 11 | | ambulatory surgical treatment center shall enter into a written | 12 | | collaborative agreement with an anesthesiologist or the | 13 | | physician licensed to practice medicine in all its branches or | 14 | | the podiatric physician performing the procedure. Outside of a | 15 | | hospital or ambulatory surgical treatment center, the | 16 | | certified registered nurse anesthetist may provide only those | 17 | | services that the collaborating podiatric physician is | 18 | | authorized to provide pursuant to the Podiatric Medical | 19 | | Practice Act of 1987 and rules adopted thereunder. A certified | 20 | | registered nurse anesthetist may select, order, and administer | 21 | | medication, including controlled substances, and apply | 22 | | appropriate medical devices for delivery of anesthesia | 23 | | services under the anesthesia plan agreed with by the | 24 | | anesthesiologist or the operating physician or operating | 25 | | podiatric physician. | 26 | | (c-10) A certified registered nurse anesthetist who |
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| 1 | | provides anesthesia services in a dental office shall enter | 2 | | into a written collaborative agreement with an | 3 | | anesthesiologist or the physician licensed to practice | 4 | | medicine in all its branches or the operating dentist | 5 | | performing the procedure. The agreement shall describe the | 6 | | working relationship of the certified registered nurse | 7 | | anesthetist and dentist and shall authorize the categories of | 8 | | care, treatment, or procedures to be performed by the certified | 9 | | registered nurse anesthetist. In a collaborating dentist's | 10 | | office, the certified registered nurse anesthetist may only | 11 | | provide those services that the operating dentist with the | 12 | | appropriate permit is authorized to provide pursuant to the | 13 | | Illinois Dental Practice Act and rules adopted thereunder. For | 14 | | anesthesia services, an anesthesiologist, physician, or | 15 | | operating dentist shall participate through discussion of and | 16 | | agreement with the anesthesia plan and shall remain physically | 17 | | present and be available on the premises during the delivery of | 18 | | anesthesia services for diagnosis, consultation, and treatment | 19 | | of emergency medical conditions. A certified registered nurse | 20 | | anesthetist may select, order, and administer medication, | 21 | | including controlled substances, and apply appropriate medical | 22 | | devices for delivery of anesthesia services under the | 23 | | anesthesia plan agreed with by the operating dentist. | 24 | | (c-15) An advanced practice registered nurse who had a | 25 | | written collaborative agreement with a podiatric physician | 26 | | immediately before the effective date of Public Act 100-513 may |
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| 1 | | continue in that collaborative relationship or enter into a new | 2 | | written collaborative relationship with a podiatric physician | 3 | | under the requirements of this Section and Section 65-40, as | 4 | | those Sections existed immediately before the amendment of | 5 | | those Sections by Public Act 100-513 with regard to a written | 6 | | collaborative agreement between an advanced practice | 7 | | registered nurse and a podiatric physician. | 8 | | (d) A copy of the signed, written collaborative agreement | 9 | | must be available
to the Department upon request from both the | 10 | | advanced practice registered nurse
and the collaborating | 11 | | physician, dentist, or podiatric physician. | 12 | | (e) Nothing in this Act shall be construed to limit the | 13 | | delegation of tasks or duties by a physician to a licensed | 14 | | practical nurse, a registered professional nurse, or other | 15 | | persons in accordance with Section 54.2 of the Medical Practice | 16 | | Act of 1987. Nothing in this Act shall be construed to limit | 17 | | the method of delegation that may be authorized by any means, | 18 | | including, but not limited to, oral, written, electronic, | 19 | | standing orders, protocols, guidelines, or verbal orders. | 20 | | (e-5) Nothing in this Act shall be construed to authorize | 21 | | an advanced practice registered nurse to provide health care | 22 | | services required by law or rule to be performed by a | 23 | | physician. The scope of practice of an advanced practice | 24 | | registered nurse does not include operative surgery. Nothing in | 25 | | this Section shall be construed to preclude an advanced | 26 | | practice registered nurse from assisting in surgery. |
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| 1 | | (f) An advanced
practice registered nurse shall inform each | 2 | | collaborating physician, dentist, or podiatric physician of | 3 | | all collaborative
agreements he or she
has signed and provide a | 4 | | copy of these to any collaborating physician, dentist, or | 5 | | podiatric physician upon
request.
| 6 | | (g) (Blank). | 7 | | (Source: P.A. 100-513, eff. 1-1-18; 100-577, eff. 1-26-18; | 8 | | 100-1096, eff. 8-26-18; 101-13, eff. 6-12-19.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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