Public Act 103-0228
 
SB1785 EnrolledLRB103 26967 AMQ 53333 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Medical Practice Act of 1987 is amended by
changing Section 54.5 as follows:
 
    (225 ILCS 60/54.5)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 54.5. Physician delegation of authority to physician
assistants, advanced practice registered nurses without full
practice authority, and prescribing psychologists.
    (a) Physicians licensed to practice medicine in all its
branches may delegate care and treatment responsibilities to a
physician assistant under guidelines in accordance with the
requirements of the Physician Assistant Practice Act of 1987.
A physician licensed to practice medicine in all its branches
may enter into collaborative agreements with no more than 7
full-time equivalent physician assistants, except in a
hospital, hospital affiliate, or ambulatory surgical treatment
center as set forth by Section 7.7 of the Physician Assistant
Practice Act of 1987 and as provided in subsection (a-5).
    (a-5) A physician licensed to practice medicine in all its
branches may collaborate with more than 7 physician assistants
when the services are provided in a federal primary care
health professional shortage area with a Health Professional
Shortage Area score greater than or equal to 12, as determined
by the United States Department of Health and Human Services.
    The collaborating physician must keep appropriate
documentation of meeting this exemption and make it available
to the Department upon request.
    (b) A physician licensed to practice medicine in all its
branches in active clinical practice may collaborate with an
advanced practice registered nurse in accordance with the
requirements of the Nurse Practice Act. Collaboration is for
the purpose of providing medical consultation, and no
employment relationship is required. A written collaborative
agreement shall conform to the requirements of Section 65-35
of the Nurse Practice Act. The written collaborative agreement
shall be for services for which the collaborating physician
can provide adequate collaboration in the same area of
practice or specialty as the collaborating physician in his or
her clinical medical practice. A written collaborative
agreement shall be adequate with respect to collaboration with
advanced practice registered nurses if all of the following
apply:
        (1) The agreement is written to promote the exercise
    of professional judgment by the advanced practice
    registered nurse commensurate with his or her education
    and experience.
        (2) The advanced practice registered nurse provides
    services based upon a written collaborative agreement with
    the collaborating physician, except as set forth in
    subsection (b-5) of this Section. With respect to labor
    and delivery, the collaborating physician must provide
    delivery services in order to participate with a certified
    nurse midwife.
        (3) Methods of communication are available with the
    collaborating physician in person or through
    telecommunications for consultation, collaboration, and
    referral as needed to address patient care needs.
    (b-5) An anesthesiologist or physician licensed to
practice medicine in all its branches may collaborate with a
certified registered nurse anesthetist in accordance with
Section 65-35 of the Nurse Practice Act for the provision of
anesthesia services. With respect to the provision of
anesthesia services, the collaborating anesthesiologist or
physician shall have training and experience in the delivery
of anesthesia services consistent with Department rules.
Collaboration shall be adequate if:
        (1) an anesthesiologist or a physician participates in
    the joint formulation and joint approval of orders or
    guidelines and periodically reviews such orders and the
    services provided patients under such orders; and
        (2) for anesthesia services, the anesthesiologist or
    physician participates through discussion of and agreement
    with the anesthesia plan and is physically present and
    available on the premises during the delivery of
    anesthesia services for diagnosis, consultation, and
    treatment of emergency medical conditions. Anesthesia
    services in a hospital shall be conducted in accordance
    with Section 10.7 of the Hospital Licensing Act and in an
    ambulatory surgical treatment center in accordance with
    Section 6.5 of the Ambulatory Surgical Treatment Center
    Act.
    (b-10) The anesthesiologist or operating physician must
agree with the anesthesia plan prior to the delivery of
services.
    (c) The collaborating physician shall have access to the
medical records of all patients attended by a physician
assistant. The collaborating physician shall have access to
the medical records of all patients attended to by an advanced
practice registered nurse.
    (d) (Blank).
    (e) A physician shall not be liable for the acts or
omissions of a prescribing psychologist, physician assistant,
or advanced practice registered nurse solely on the basis of
having signed a supervision agreement or guidelines or a
collaborative agreement, an order, a standing medical order, a
standing delegation order, or other order or guideline
authorizing a prescribing psychologist, physician assistant,
or advanced practice registered nurse to perform acts, unless
the physician has reason to believe the prescribing
psychologist, physician assistant, or advanced practice
registered nurse lacked the competency to perform the act or
acts or commits willful and wanton misconduct.
    (f) A collaborating physician may, but is not required to,
delegate prescriptive authority to an advanced practice
registered nurse as part of a written collaborative agreement,
and the delegation of prescriptive authority shall conform to
the requirements of Section 65-40 of the Nurse Practice Act.
    (g) A collaborating physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written collaborative agreement, and the delegation
of prescriptive authority shall conform to the requirements of
Section 7.5 of the Physician Assistant Practice Act of 1987.
    (h) (Blank).
    (i) A collaborating physician shall delegate prescriptive
authority to a prescribing psychologist as part of a written
collaborative agreement, and the delegation of prescriptive
authority shall conform to the requirements of Section 4.3 of
the Clinical Psychologist Licensing Act.
    (j) As set forth in Section 22.2 of this Act, a licensee
under this Act may not directly or indirectly divide, share,
or split any professional fee or other form of compensation
for professional services with anyone in exchange for a
referral or otherwise, other than as provided in Section 22.2.
(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
100-513, eff. 1-1-18; 100-605, eff. 1-1-19; 100-863, eff.
8-14-18.)

Effective Date: 1/1/2024