HB5517 94TH GENERAL ASSEMBLY

LRB094 16958 RAS 52237 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5517

Introduced 1/27/2006, by Rep. John E. Bradley

SYNOPSIS AS INTRODUCED:

225 ILCS 95/7	from Ch. 111, par. 4607
745 ILCS 49/46

Amends the Physician Assistant Practice Act of 1987. Allows a physician assistant who is licensed under the Act, licensed or certified by another regulatory jurisdiction in the United States, or credentialed as a physician assistant by a federal employer to respond to a need for medical care created by a natural disaster, accident, or other emergency and to render the care that he or she is able to provide without supervision or with supervision, as it is available. Exempts a physician who supervises a physician assistant who is providing medical care in response to a natural disaster, accident, or other emergency from the requirements of the Act as they relate to supervising physicians. Amends the Good Samaritan Act to exempt a physician assistant who is licensed or certified by another regulatory jurisdiction in the United States or credentialed as a physician assistant by a federal employer from civil liability for emergency care. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

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(Section scheduled to be repealed on January 1, 2008)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 prohibit, in response to a natural disaster, accident, or other emergency, a physician assistant who is licensed under this Act, licensed or certified by another regulatory jurisdiction in the United States, or credentialed as a physician assistant by a federal employer from responding to a need for medical care created by a natural disaster, accident, or other emergency and rendering that care that he or she is able to provide without supervision or with supervision, as it is available.

A physician who supervises a physician assistant who is providing medical care in response to a natural disaster, accident, or other emergency is not required to comply with the statutory requirements of this Act as they relate to supervising physicians.

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. 93-149, eff. 7-10-03.)

Section 10. The Good Samaritan Act is amended by changing Section 46 as follows:

(745 ILCS 49/46)

Sec. 46. Physician assistant; exemption from civil liability for emergency care. A person licensed as a physician assistant under the Physician Assistant Practice Act of 1987, licensed or certified by another regulatory jurisdiction in the United States, or credentialed as a physician assistant by a federal employer, who in good faith provides emergency care without fee to a person, shall not be liable for civil damages as a result of his or her acts or omissions, except for willful or wanton misconduct on the part of the person in providing the care.

(Source: P.A. 91-446, eff. 8-6-99.)

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