093_HB3047enr

 
HB3047 Enrolled                      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 Physician Assistant Practice Act of 1987
 5    is amended by changing Section 7 as follows:

 6        (225 ILCS 95/7) (from Ch. 111, par. 4607)
 7        (Section scheduled to be repealed on January 1, 2008)
 8        Sec.  7.  Supervision  requirements.  No  more   than   2
 9    physician  assistants  shall be supervised by the supervising
10    physician, although a physician assistant shall  be  able  to
11    hold  more  than one professional position.  Each supervising
12    physician  shall  file  a  notice  of  supervision  of   such
13    physician assistant according to the rules of the Department.
14    However,  the  alternate  supervising physician may supervise
15    more  than  2  physician  assistants  when  the   supervising
16    physician  is  unable  to provide such supervision consistent
17    with the definition of alternate physician in Section 4.
18        Physician  assistants  shall  be   supervised   only   by
19    physicians as defined in this Act who are engaged in clinical
20    practice,  or  in clinical practice in public health or other
21    community health facilities.
22        Nothing in this Act  shall  be  construed  to  limit  the
23    delegation  of  tasks  or duties by a physician to a nurse or
24    other appropriately trained personnel.
25        Nothing in this Act shall be construed  to  prohibit  the
26    employment  of  physician  assistants  by a hospital, nursing
27    home or other  health  care  facility  where  such  physician
28    assistants  function  under  the supervision of a supervising
29    physician.
30        Physician assistants may be employed by the Department of
31    Corrections or the Department of Human Services (as successor
 
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 1    to  the  Department  of  Mental  Health   and   Developmental
 2    Disabilities)  for  service  in facilities maintained by such
 3    Departments and affiliated training  facilities  in  programs
 4    conducted  under the authority of the Director of Corrections
 5    or the Secretary of Human Services.  Each physician assistant
 6    employed by the Department of Corrections or  the  Department
 7    of  Human  Services (as successor to the Department of Mental
 8    Health and Developmental Disabilities)  shall  be  under  the
 9    supervision  of  a physician engaged in clinical practice and
10    direct patient care.   Duties  of  each  physician  assistant
11    employed  by such Departments are limited to those within the
12    scope of practice of the supervising physician who  is  fully
13    responsible for all physician assistant activities.
14        A physician assistant may be employed by a practice group
15    or  other entity employing multiple physicians at one or more
16    locations.  In that case, one of the physicians practicing at
17    a location shall be  designated  the  supervising  physician.
18    The other physicians with that practice group or other entity
19    who  practice  in  the  same  general  type  of  practice  or
20    specialty  as  the  supervising  physician  may supervise the
21    physician assistant with respect to  their  patients  without
22    being deemed alternate supervising physicians for the purpose
23    of this Act.
24    (Source: P.A. 89-507, eff. 7-1-97; 90-116, eff. 7-14-97.)

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

27        (420 ILCS 40/5) (from Ch. 111 1/2, par. 210-5)
28        (Section scheduled to be repealed on January 1, 2011)
29        Sec. 5.  Limitations on application of radiation to human
30    beings and requirements for radiation installation  operators
31    providing mammography services.
32        (a)  No  person  shall intentionally administer radiation
 
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 1    to a human being unless such person is licensed to practice a
 2    treatment  of  human  ailments  by  virtue  of  the  Illinois
 3    Medical, Dental or Podiatric Medical Practice  Acts,  or,  as
 4    physician  assistant,  advanced  practice  nurse, technician,
 5    nurse, or other assistant, is acting under  the  supervision,
 6    prescription  or direction of such licensed person.  However,
 7    no  such  physician  assistant,  advanced   practice   nurse,
 8    technician,  nurse,  or  other  assistant  acting  under  the
 9    supervision  of  a person licensed under the Medical Practice
10    Act of 1987,  shall  administer  radiation  to  human  beings
11    unless accredited by the Department of Nuclear Safety, except
12    that  persons  enrolled  in a course of education approved by
13    the Department of Nuclear Safety may apply ionizing radiation
14    to human beings as required by their  course  of  study  when
15    under  the  direct supervision of a person licensed under the
16    Medical Practice Act of 1987.  No person authorized  by  this
17    Section   to   apply  ionizing  radiation  shall  apply  such
18    radiation except to those parts of the human  body  specified
19    in  the  Act  under  which  such  person or his supervisor is
20    licensed. No person  may  operate  a  radiation  installation
21    where  ionizing  radiation  is  administered  to human beings
22    unless all persons who administer ionizing radiation in  that
23    radiation  installation are licensed, accredited, or exempted
24    in accordance with this Section.   Nothing  in  this  Section
25    shall  be  deemed to relieve a person from complying with the
26    provisions of Section 10.
27        (b)  In addition, no  person  shall  provide  mammography
28    services unless all of the following requirements are met:
29             (1)  the  mammography procedures are performed using
30        a radiation machine that  is  specifically  designed  for
31        mammography;
32             (2)  the  mammography procedures are performed using
33        a radiation machine that is used  solely  for  performing
34        mammography procedures;
 
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 1             (3)  the  mammography procedures are performed using
 2        equipment that has been subjected to a quality  assurance
 3        program  that  satisfies  quality  assurance requirements
 4        which the Department shall establish by rule;
 5             (4)  beginning one year after the effective date  of
 6        this amendatory Act of 1991, if the mammography procedure
 7        is   performed   by   a   radiologic  technologist,  that
 8        technologist, in addition  to  being  accredited  by  the
 9        Department to perform radiography, has satisfied training
10        requirements   specific   to   mammography,   which   the
11        Department shall establish by rule.
12        (c)  Every  operator of a radiation installation at which
13    mammography services  are  provided  shall  ensure  and  have
14    confirmed  by  each  mammography  patient that the patient is
15    provided with a pamphlet which is orally  reviewed  with  the
16    patient and which contains the following:
17             (1)  how to perform breast self-examination;
18             (2)  that   early  detection  of  breast  cancer  is
19        maximized through  a  combined  approach,  using  monthly
20        breast  self-examination, a thorough physical examination
21        performed by a physician, and  mammography  performed  at
22        recommended intervals;
23             (3)  that  mammography  is  the most accurate method
24        for making an early detection of breast cancer,  however,
25        no diagnostic tool is 100% effective;
26             (4)  that  if  the patient is self-referred and does
27        not have a primary care physician, or if the  patient  is
28        unfamiliar  with  the breast examination procedures, that
29        the patient has  received  information  regarding  public
30        health services where she can obtain a breast examination
31        and instructions.
32    (Source: P.A. 89-187, eff. 7-19-95.)

33        (420 ILCS 40/6) (from Ch. 111 1/2, par. 210-6)
 
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 1        (Section scheduled to be repealed on January 1, 2011)
 2        Sec.  6.   Accreditation  of administrators of radiation;
 3    Limited   scope   accreditation;   Rules   and   regulations;
 4    Education.
 5        (a)  The  Department  shall  promulgate  such  rules  and
 6    regulations  as  are  necessary  to  establish  accreditation
 7    standards and  procedures,  including  a  minimum  course  of
 8    education   and  continuing  education  requirements  in  the
 9    administration  of  radiation  to  human  beings,  which  are
10    appropriate to the classification of accreditation and  which
11    are  to be met by all physician assistants, advanced practice
12    nurses,  nurses,  technicians,  or   other   assistants   who
13    administer radiation to human beings under the supervision of
14    a  person  licensed  under  the Medical Practice Act of 1987.
15    Such rules and regulations may provide for different  classes
16    of accreditation based on evidence of national certification,
17    clinical  experience  or  community hardship as conditions of
18    initial  and  continuing   accreditation.   The   rules   and
19    regulations  of  the  Department  shall  be  consistent  with
20    national  standards in regard to the protection of the health
21    and safety of the general public.
22        (b)  The rules and regulations shall  also  provide  that
23    persons  who  have  been  accredited  by  the  Department, in
24    accordance with the Radiation Protection Act, without passing
25    an examination, will remain accredited as provided in Section
26    43 of this Act and that  those  persons  may  be  accredited,
27    without  passing  an  examination,  to  use  other equipment,
28    procedures, or supervision within the  original  category  of
29    accreditation  if  the Department receives written assurances
30    from a person licensed under  the  Medical  Practice  Act  of
31    1987,  that the person accredited has the necessary skill and
32    qualifications for such additional  equipment  procedures  or
33    supervision.    The  Department  shall,  in  accordance  with
34    subsection (c) of this Section, provide for the accreditation
 
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 1    of nurses, technicians, or other assistants, unless  exempted
 2    elsewhere  in  this  Act,  to  perform  a  limited  scope  of
 3    diagnostic   radiography   procedures   of   the  chest,  the
 4    extremities, skull and sinuses, or the spine, while under the
 5    supervision of a person licensed under the  Medical  Practice
 6    Act of 1987.
 7        (c)  The   rules   or   regulations  promulgated  by  the
 8    Department  pursuant  to  subsection  (a)   shall   establish
 9    standards and procedures for accrediting persons to perform a
10    limited scope of diagnostic radiography procedures. The rules
11    or  regulations  shall  require persons seeking limited scope
12    accreditation  to  register  with   the   Department   as   a
13    "student-in-training,"  and declare those procedures in which
14    the   student    will    be    receiving    training.     The
15    student-in-training  registration shall be valid for a period
16    of 16 months, during which the time the  student  may,  under
17    the  supervision  of  a  person  licensed  under  the Medical
18    Practice Act of  1987,  perform  the  diagnostic  radiography
19    procedures   listed   on   the  student's  registration.  The
20    student-in-training registration shall be nonrenewable.
21        Upon expiration of the  16  month  training  period,  the
22    student   shall  be  prohibited  from  performing  diagnostic
23    radiography procedures unless accredited by the Department to
24    perform such  procedures.   In  order  to  be  accredited  to
25    perform a limited scope of diagnostic radiography procedures,
26    an  individual  must  pass  an  examination  offered  by  the
27    Department.    The   examination  shall  be  consistent  with
28    national standards in regard to protection of  public  health
29    and  safety.  The examination shall consist of a standardized
30    component   covering   general   principles   applicable   to
31    diagnostic radiography procedures and  a  clinical  component
32    specific  to  the types of procedures for which accreditation
33    is being sought.  The Department may assess a reasonable  fee
34    for  such  examinations  to  cover  the costs incurred by the
 
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 1    Department in conjunction with offering the examinations.
 2        (d)  The Department shall by rule  or  regulation  exempt
 3    from  accreditation  physician  assistants, advanced practice
 4    nurses,  nurses,  technicians,  or   other   assistants   who
 5    administer  radiation  to human beings under supervision of a
 6    person licensed to practice under the Medical Practice Act of
 7    1987 when the  services  are  performed  on  employees  of  a
 8    business  at  a  medical  facility  owned and operated by the
 9    business.  Such exemption shall only apply to the  equipment,
10    procedures  and  supervision specific to the medical facility
11    owned and operated by the business.
12    (Source: P.A. 90-14, eff. 7-1-97.)

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