Public Act 93-0149

HB3047 Enrolled                      LRB093 06091 AMC 06196 b

    AN ACT concerning physician assistants.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

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

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    (Section scheduled to be repealed on January 1, 2008)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

    Section  10.  The  Radiation  Protection  Act  of 1990 is
amended by changing Sections 5 and 6 as follows:

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

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

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