Full Text of HB2557 94th General Assembly
HB2557 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2557
Introduced 02/18/05, by Rep. Angelo Saviano - Gary Hannig - Elizabeth Coulson SYNOPSIS AS INTRODUCED: |
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225 ILCS 60/54.5 |
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225 ILCS 95/7 |
from Ch. 111, par. 4607 |
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Amends the Medical Practice Act of 1987 and the Physician Assistant Practice
Act of 1987 to allow supervising physicians to supervise more than 2 physician
assistants. Effective immediately.
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A BILL FOR
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HB2557 |
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LRB094 10647 RAS 41005 b |
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| AN ACT concerning physician assistants.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Medical Practice Act of 1987 is amended by | 5 |
| changing Section
54.5 as follows:
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| (225 ILCS 60/54.5)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 54.5. Physician delegation of authority.
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| (a) Physicians licensed to practice medicine in all its
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| branches may delegate care and treatment responsibilities to a
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| physician assistant under guidelines in accordance with the
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| requirements of the Physician Assistant Practice Act of
1987. A | 13 |
| physician licensed to practice medicine in all its
branches may | 14 |
| enter into supervising physician agreements with
no more than 2
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| physician assistants.
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| (b) A physician licensed to practice medicine in all its
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| branches in active clinical practice may collaborate with an | 18 |
| advanced practice
nurse in accordance with the requirements of | 19 |
| Title 15 of
the Nursing and Advanced Practice Nursing Act. | 20 |
| Collaboration
is for the purpose of providing medical | 21 |
| direction,
and no employment relationship is required. A
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| written collaborative agreement shall
conform to the | 23 |
| requirements of Sections 15-15 and 15-20
of the Nursing and
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| Advanced Practice Nursing Act. The written collaborative | 25 |
| agreement shall
be for
services the collaborating physician | 26 |
| generally provides to
his or her patients in the normal course | 27 |
| of clinical medical practice.
Physician medical direction | 28 |
| shall be adequate with respect to collaboration
with certified | 29 |
| nurse practitioners, certified nurse midwives, and clinical
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| nurse
specialists if a collaborating physician:
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| (1) participates in the joint formulation and joint | 32 |
| approval of orders or
guidelines with the advanced practice |
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HB2557 |
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LRB094 10647 RAS 41005 b |
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| nurse and periodically reviews such
orders and the services
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| provided patients under such orders in accordance with | 3 |
| accepted standards of
medical practice and advanced | 4 |
| practice nursing practice;
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| (2) is on site at least once a month to provide medical | 6 |
| direction and
consultation; and
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| (3) is available through telecommunications for | 8 |
| consultation on medical
problems, complications, or | 9 |
| emergencies or patient referral.
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| (b-5) An anesthesiologist or physician licensed to | 11 |
| practice medicine in
all its branches may collaborate with a | 12 |
| certified registered nurse anesthetist
in accordance with | 13 |
| Section 15-25 of the Nursing and Advanced Practice Nursing
Act. | 14 |
| Medical direction for a certified registered nurse anesthetist | 15 |
| shall be
adequate if:
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| (1) an anesthesiologist or a physician
participates in | 17 |
| the joint formulation and joint approval of orders or
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| guidelines and periodically reviews such orders and the | 19 |
| services provided
patients under such orders; and
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| (2) for anesthesia services, the anesthesiologist
or | 21 |
| physician participates through discussion of and agreement | 22 |
| with the
anesthesia plan and is physically present and | 23 |
| available on the premises during
the delivery of anesthesia | 24 |
| services for
diagnosis, consultation, and treatment of | 25 |
| emergency medical conditions.
Anesthesia services in a | 26 |
| hospital shall be conducted in accordance with
Section 10.7 | 27 |
| of the Hospital Licensing Act and in an ambulatory surgical
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| treatment center in accordance with Section 6.5 of the | 29 |
| Ambulatory Surgical
Treatment Center Act.
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| (b-10) The anesthesiologist or operating physician must | 31 |
| agree with the
anesthesia plan prior to the delivery of | 32 |
| services.
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| (c) The supervising physician shall have access to the
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| medical records of all patients attended by a physician
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| assistant. The collaborating physician shall have access to
the | 36 |
| medical records of all patients attended to by an
advanced |
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HB2557 |
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LRB094 10647 RAS 41005 b |
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| practice nurse.
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| (d) Nothing in this Act
shall be construed to limit the | 3 |
| delegation of
tasks or duties by a physician licensed to | 4 |
| practice medicine
in all its branches to a licensed practical | 5 |
| nurse, a registered professional
nurse, or other personnel.
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| (e) A physician shall not be liable for the acts or
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| omissions of a physician assistant or advanced practice
nurse | 8 |
| solely on the basis of having signed a
supervision agreement or | 9 |
| guidelines or a collaborative
agreement, an order, a standing | 10 |
| medical order, a
standing delegation order, or other order or | 11 |
| guideline
authorizing a physician assistant or advanced | 12 |
| practice
nurse to perform acts, unless the physician has
reason | 13 |
| to believe the physician assistant or advanced
practice nurse | 14 |
| lacked the competency to perform
the act or acts or commits | 15 |
| willful and wanton misconduct.
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| (Source: P.A. 90-742, eff. 8-13-98; 91-414, eff. 8-6-99.)
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| Section 10. The Physician Assistant Practice Act of 1987 is | 18 |
| 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, 2008)
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| Sec. 7. Supervision requirements. Physician
No more than 2 | 22 |
| physician
assistants shall be supervised
by
the supervising | 23 |
| physician, although a physician assistant shall be able to
hold | 24 |
| more than one professional position. Each supervising | 25 |
| physician shall
file a notice of supervision of such physician | 26 |
| assistant according to the
rules of the Department. However, | 27 |
| the alternate supervising physician may
supervise more than 2 | 28 |
| physician assistants when
the supervising
physician
is unable | 29 |
| to provide such supervision consistent with the definition of
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| alternate physician in Section 4. Physician assistants | 31 |
| shall be supervised only by physicians as defined in
this Act
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| who are engaged in clinical practice, or in clinical practice | 33 |
| in
public health or other community health facilities.
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| Nothing in this Act shall be construed to limit the |
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HB2557 |
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LRB094 10647 RAS 41005 b |
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| delegation of tasks or
duties by a physician to a nurse or | 2 |
| other appropriately trained personnel.
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| Nothing in this Act
shall be construed to prohibit the | 4 |
| employment of physician assistants by
a hospital, nursing home | 5 |
| or other health care facility where such physician
assistants | 6 |
| function under the supervision of a supervising physician.
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| Physician assistants may be employed by the Department of | 8 |
| Corrections or
the Department of Human Services (as successor | 9 |
| to the Department of Mental
Health and Developmental | 10 |
| Disabilities) for service in
facilities maintained by such | 11 |
| Departments and affiliated training
facilities in programs | 12 |
| conducted under the authority of the Director of
Corrections or | 13 |
| the Secretary of Human Services. Each physician assistant
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| employed by the Department of Corrections or the Department of | 15 |
| Human Services
(as successor to the Department of Mental Health | 16 |
| and
Developmental Disabilities) shall be under the supervision | 17 |
| of a physician
engaged in clinical practice and direct patient | 18 |
| care. Duties of each
physician assistant employed by such | 19 |
| Departments are limited to those
within the scope of practice | 20 |
| of the supervising physician who is fully
responsible for all | 21 |
| physician assistant activities.
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| A physician assistant may be employed by a practice group | 23 |
| or other entity
employing multiple physicians at one or more | 24 |
| locations. In that case, one of
the
physicians practicing at a | 25 |
| location shall be designated the supervising
physician. The | 26 |
| 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 | 28 |
| the supervising physician may supervise the physician | 29 |
| assistant with respect
to their patients without being deemed | 30 |
| alternate supervising physicians for the
purpose of this Act.
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| (Source: P.A. 93-149, eff. 7-10-03.)
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| Section 99. Effective date. This Act takes effect upon | 33 |
| becoming law. |
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