Full Text of SB1487 96th General Assembly
SB1487 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1487
Introduced 2/18/2009, by Sen. Deanna Demuzio SYNOPSIS AS INTRODUCED: |
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225 ILCS 95/7 |
from Ch. 111, par. 4607 |
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Amends the Physician Assistant Practice Act of 1987. Provides less stringent supervision requirements for physician assistants responding to a need for medical care created by an emergency or by a state or local disaster. Limits civil liability for physician assistants that voluntarily render emergency medical assistance outside the ordinary course of their employment or practice, except for acts or omissions constituting gross, willful, or wanton negligence. Provides that no physician who supervises a physician assistant voluntarily and gratuitously providing emergency care as described shall be liable for civil damages for any personal injuries which result from acts or omissions by the physician assistant rendering emergency care. Effective immediately.
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A BILL FOR
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SB1487 |
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LRB096 07711 ASK 17812 b |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Physician Assistant Practice Act of 1987 is | 5 |
| amended by changing Section 7 as follows:
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| (225 ILCS 95/7) (from Ch. 111, par. 4607)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 7. Supervision requirements. | 9 |
| (a) No more than 2 physician
assistants shall be supervised
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| by
the supervising physician, although a physician assistant | 11 |
| shall be able to
hold more than one professional position. Each | 12 |
| supervising physician shall
file a notice of supervision of | 13 |
| such physician assistant according to the
rules of the | 14 |
| Department. However, the alternate supervising physician may
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| supervise more than 2 physician assistants when
the supervising
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| physician
is unable to provide such supervision consistent with | 17 |
| the definition of
alternate physician in Section 4. It is the | 18 |
| responsibility of the supervising physician to maintain | 19 |
| documentation each time he or she has designated an alternative | 20 |
| supervising physician. This documentation shall include the | 21 |
| date alternate supervisory control began, the date alternate | 22 |
| supervisory control ended, and any other changes. A supervising | 23 |
| physician shall provide a copy of this documentation to the |
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SB1487 |
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LRB096 07711 ASK 17812 b |
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| Department, upon request.
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| Physician assistants shall be supervised only by | 3 |
| physicians as defined in
this Act
who are engaged in clinical | 4 |
| practice, or in clinical practice in
public health or other | 5 |
| community health facilities.
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| Nothing in this Act shall be construed to limit the | 7 |
| delegation of tasks or
duties by a physician to a nurse or | 8 |
| other appropriately trained personnel.
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| Nothing in this Act
shall be construed to prohibit the | 10 |
| employment of physician assistants by
a hospital, nursing home | 11 |
| or other health care facility where such physician
assistants | 12 |
| function under the supervision of a supervising physician.
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| Physician assistants may be employed by the Department of | 14 |
| Corrections or
the Department of Human Services (as successor | 15 |
| to the Department of Mental
Health and Developmental | 16 |
| Disabilities) for service in
facilities maintained by such | 17 |
| Departments and affiliated training
facilities in programs | 18 |
| conducted under the authority of the Director of
Corrections or | 19 |
| the Secretary of Human Services. Each physician assistant
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| employed by the Department of Corrections or the Department of | 21 |
| Human Services
(as successor to the Department of Mental Health | 22 |
| and
Developmental Disabilities) shall be under the supervision | 23 |
| of a physician
engaged in clinical practice and direct patient | 24 |
| care. Duties of each
physician assistant employed by such | 25 |
| Departments are limited to those
within the scope of practice | 26 |
| of the supervising physician who is fully
responsible for all |
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SB1487 |
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LRB096 07711 ASK 17812 b |
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| physician assistant activities.
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| A physician assistant may be employed by a practice group | 3 |
| or other entity
employing multiple physicians at one or more | 4 |
| locations. In that case, one of
the
physicians practicing at a | 5 |
| location shall be designated the supervising
physician. The | 6 |
| other physicians with that practice group or other entity who
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| practice in the same general type of practice or specialty
as | 8 |
| the supervising physician may supervise the physician | 9 |
| assistant with respect
to their patients without being deemed | 10 |
| alternate supervising physicians for the
purpose of this Act.
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| (b) A physician assistant licensed in this State, or | 12 |
| licensed or authorized to practice in any other U.S. | 13 |
| jurisdiction or credentialed by his or her federal employer as | 14 |
| a physician assistant, who is responding to a need for medical | 15 |
| care created by an emergency or by a state or local disaster | 16 |
| may render such care that the physician assistant is able to | 17 |
| provide without supervision as it is defined in this Section or | 18 |
| with such supervision as is available.
For purposes of this | 19 |
| Section, an "emergency situation" shall not include one that | 20 |
| occurs in the place of one's employment. | 21 |
| Any physician who supervises a physician assistant | 22 |
| providing medical care in response to such an emergency or | 23 |
| state or local disaster shall not be required to meet the | 24 |
| requirements set forth in this Section for a supervising | 25 |
| physician. | 26 |
| (c) No physician assistant licensed in this State or |
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| licensed or authorized to practice in any other jurisdiction of | 2 |
| the United States who voluntarily and gratuitously, and other | 3 |
| than in the ordinary course of employment or practice, renders | 4 |
| emergency medical assistance shall be liable for civil damages | 5 |
| for any personal injury that results from an act or omission by | 6 |
| the physician assistant in rendering emergency care which may | 7 |
| constitute ordinary negligence. The immunity granted by this | 8 |
| Section does not apply to acts or omissions constituting gross, | 9 |
| willful, or wanton negligence or when the medical assistance is | 10 |
| rendered at any hospital, physician's office, or other health | 11 |
| care delivery entity where those services are normally | 12 |
| rendered. No physician who supervises a physician assistant | 13 |
| voluntarily and gratuitously providing emergency care as | 14 |
| described in this Section shall be liable for civil damages for | 15 |
| any personal injuries which result from acts or omissions by | 16 |
| the physician assistant rendering emergency care. | 17 |
| (Source: P.A. 95-703, eff. 12-31-07.)
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
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