093_HB3047eng

 
HB3047 Engrossed                     LRB093 06091 AMC 06196 b

 1        AN ACT concerning physician assistants.

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

 4        Section  5.   The Medical Practice Act of 1987 is amended
 5    by changing Section 54.5 as follows:

 6        (225 ILCS 60/54.5)
 7        (Section scheduled to be repealed on January 1, 2007)
 8        Sec. 54.5.  Physician delegation of authority.
 9        (a)  A physician Physicians licensed to practice medicine
10    in  all  its  branches  may  delegate  care   and   treatment
11    responsibilities to a physician assistant under guidelines in
12    accordance  with the requirements of  the Physician Assistant
13    Practice Act of  1987.   A  physician  licensed  to  practice
14    medicine  in  all  its  branches  may  enter into supervising
15    physician  agreements  with  no   more   than   2   physician
16    assistants.
17        (b)  A physician licensed to practice medicine in all its
18    branches  in active clinical practice may collaborate with an
19    advanced practice nurse in accordance with  the  requirements
20    of Title 15 of the Nursing and Advanced Practice Nursing Act.
21    Collaboration   is  for  the  purpose  of  providing  medical
22    direction, and no employment  relationship  is  required.   A
23    written   collaborative   agreement   shall  conform  to  the
24    requirements of Sections 15-15 and 15-20 of the  Nursing  and
25    Advanced  Practice  Nursing  Act.   The written collaborative
26    agreement shall be for services the  collaborating  physician
27    generally  provides  to  his  or  her  patients in the normal
28    course of  clinical  medical  practice.    Physician  medical
29    direction  shall  be  adequate  with respect to collaboration
30    with certified nurse practitioners, certified nurse midwives,
31    and clinical nurse specialists if a collaborating physician:
 
HB3047 Engrossed            -2-      LRB093 06091 AMC 06196 b
 1             (1)  participates in the joint formulation and joint
 2        approval  of  orders  or  guidelines  with  the  advanced
 3        practice nurse and periodically reviews such  orders  and
 4        the  services  provided  patients  under  such  orders in
 5        accordance with accepted standards  of  medical  practice
 6        and advanced practice nursing practice;
 7             (2)  is  on  site  at  least once a month to provide
 8        medical direction and consultation; and
 9             (3)  is  available  through  telecommunications  for
10        consultation  on  medical  problems,  complications,   or
11        emergencies or patient referral.
12        (b-5)  An   anesthesiologist  or  physician  licensed  to
13    practice medicine in all its branches may collaborate with  a
14    certified  registered  nurse  anesthetist  in accordance with
15    Section 15-25 of the Nursing and  Advanced  Practice  Nursing
16    Act.   Medical  direction  for  a  certified registered nurse
17    anesthetist shall be adequate if:
18             (1) an anesthesiologist or a physician  participates
19        in  the joint formulation and joint approval of orders or
20        guidelines and periodically reviews such orders  and  the
21        services provided patients under such orders; and
22             (2)  for  anesthesia  services, the anesthesiologist
23        or  physician  participates  through  discussion  of  and
24        agreement with the  anesthesia  plan  and  is  physically
25        present and available on the premises during the delivery
26        of  anesthesia  services for diagnosis, consultation, and
27        treatment of  emergency  medical  conditions.  Anesthesia
28        services  in  a hospital shall be conducted in accordance
29        with Section 10.7 of the Hospital Licensing Act and in an
30        ambulatory surgical treatment center in  accordance  with
31        Section  6.5  of the Ambulatory Surgical Treatment Center
32        Act.
33        (b-10)  The anesthesiologist or operating physician  must
34    agree  with  the  anesthesia  plan  prior  to the delivery of
 
HB3047 Engrossed            -3-      LRB093 06091 AMC 06196 b
 1    services.
 2        (c)  The supervising physician shall have access  to  the
 3    medical  records  of  all  patients  attended  by a physician
 4    assistant.  The collaborating physician shall have access  to
 5    the  medical  records  of  all  patients  attended  to  by an
 6    advanced practice nurse.
 7        (d)  Nothing in this Act shall be construed to limit  the
 8    delegation  of  tasks  or  duties  by a physician licensed to
 9    practice medicine in all its branches to a licensed practical
10    nurse, a registered professional nurse, or other personnel.
11        (e)  A physician shall not be  liable  for  the  acts  or
12    omissions of a physician assistant or advanced practice nurse
13    solely  on the basis of having signed a supervision agreement
14    or guidelines or  a  collaborative  agreement,  an  order,  a
15    standing medical order, a standing delegation order, or other
16    order  or  guideline  authorizing  a  physician  assistant or
17    advanced practice nurse to perform acts, unless the physician
18    has reason to believe the  physician  assistant  or  advanced
19    practice  nurse  lacked  the competency to perform the act or
20    acts or commits willful and wanton misconduct.
21    (Source: P.A. 90-742, eff. 8-13-98; 91-414, eff. 8-6-99.)