Full Text of SB3116 100th General Assembly
SB3116enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Nurse Practice Act is amended by changing | 5 | | Section 65-35 as follows:
| 6 | | (225 ILCS 65/65-35)
(was 225 ILCS 65/15-15)
| 7 | | (Section scheduled to be repealed on January 1, 2028)
| 8 | | Sec. 65-35. Written collaborative
agreements. | 9 | | (a) A written collaborative agreement is required for all | 10 | | advanced practice registered nurses engaged in clinical | 11 | | practice prior to meeting the requirements of Section 65-43, | 12 | | except for advanced practice registered nurses who are | 13 | | privileged to practice in a hospital, hospital affiliate, or | 14 | | ambulatory surgical treatment center. | 15 | | (a-5) If an advanced practice registered nurse engages in | 16 | | clinical practice outside of a hospital, hospital affiliate, or | 17 | | ambulatory surgical treatment center in which he or she is | 18 | | privileged to practice, the advanced practice registered nurse | 19 | | must have a written collaborative agreement, except as set | 20 | | forth in Section 65-43.
| 21 | | (b) A written collaborative
agreement shall describe the | 22 | | relationship of the
advanced practice registered nurse with the | 23 | | collaborating
physician and shall describe the categories of
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| 1 | | care, treatment, or procedures to be provided by the advanced
| 2 | | practice registered nurse. A collaborative agreement with a | 3 | | podiatric physician must be in accordance with subsection (c-5) | 4 | | or (c-15) of this Section. A collaborative agreement with a | 5 | | dentist must be in accordance with subsection (c-10) of this | 6 | | Section. A collaborative agreement with a podiatric physician | 7 | | must be in accordance with subsection (c-5) of this Section. | 8 | | Collaboration does not require an
employment relationship | 9 | | between the collaborating physician
and the advanced practice | 10 | | registered nurse.
| 11 | | The collaborative
relationship under an agreement shall | 12 | | not be
construed to require the personal presence of a | 13 | | collaborating physician at the place where services are | 14 | | rendered.
Methods of communication shall
be available for | 15 | | consultation with the collaborating
physician in person or by | 16 | | telecommunications or electronic communications as set forth | 17 | | in the written
agreement.
| 18 | | (b-5) Absent an employment relationship, a written | 19 | | collaborative agreement may not (1) restrict the categories of | 20 | | patients of an advanced practice registered nurse within the | 21 | | scope of the advanced practice registered nurses training and | 22 | | experience, (2) limit third party payors or government health | 23 | | programs, such as the medical assistance program or Medicare | 24 | | with which the advanced practice registered nurse contracts, or | 25 | | (3) limit the geographic area or practice location of the | 26 | | advanced practice registered nurse in this State. |
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| 1 | | (c)
In the case of anesthesia services provided by a | 2 | | certified registered nurse anesthetist, an anesthesiologist, a | 3 | | physician, a dentist, or a podiatric physician must participate | 4 | | through discussion of and agreement with the anesthesia plan | 5 | | and remain physically present and available on the premises | 6 | | during the delivery of anesthesia services for diagnosis, | 7 | | consultation, and treatment of emergency medical conditions.
| 8 | | (c-5) A certified registered nurse anesthetist, who | 9 | | provides anesthesia services outside of a hospital or | 10 | | ambulatory surgical treatment center shall enter into a written | 11 | | collaborative agreement with an anesthesiologist or the | 12 | | physician licensed to practice medicine in all its branches or | 13 | | the podiatric physician performing the procedure. Outside of a | 14 | | hospital or ambulatory surgical treatment center, the | 15 | | certified registered nurse anesthetist may provide only those | 16 | | services that the collaborating podiatric physician is | 17 | | authorized to provide pursuant to the Podiatric Medical | 18 | | Practice Act of 1987 and rules adopted thereunder. A certified | 19 | | registered nurse anesthetist may select, order, and administer | 20 | | medication, including controlled substances, and apply | 21 | | appropriate medical devices for delivery of anesthesia | 22 | | services under the anesthesia plan agreed with by the | 23 | | anesthesiologist or the operating physician or operating | 24 | | podiatric physician. | 25 | | (c-10) A certified registered nurse anesthetist who | 26 | | provides anesthesia services in a dental office shall enter |
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| 1 | | into a written collaborative agreement with an | 2 | | anesthesiologist or the physician licensed to practice | 3 | | medicine in all its branches or the operating dentist | 4 | | performing the procedure. The agreement shall describe the | 5 | | working relationship of the certified registered nurse | 6 | | anesthetist and dentist and shall authorize the categories of | 7 | | care, treatment, or procedures to be performed by the certified | 8 | | registered nurse anesthetist. In a collaborating dentist's | 9 | | office, the certified registered nurse anesthetist may only | 10 | | provide those services that the operating dentist with the | 11 | | appropriate permit is authorized to provide pursuant to the | 12 | | Illinois Dental Practice Act and rules adopted thereunder. For | 13 | | anesthesia services, an anesthesiologist, physician, or | 14 | | operating dentist shall participate through discussion of and | 15 | | agreement with the anesthesia plan and shall remain physically | 16 | | present and be available on the premises during the delivery of | 17 | | anesthesia services for diagnosis, consultation, and treatment | 18 | | of emergency medical conditions. A certified registered nurse | 19 | | anesthetist may select, order, and administer medication, | 20 | | including controlled substances, and apply appropriate medical | 21 | | devices for delivery of anesthesia services under the | 22 | | anesthesia plan agreed with by the operating dentist. | 23 | | (c-15) An advanced practice registered nurse who had a | 24 | | written collaborative agreement with a podiatric physician | 25 | | immediately before the effective date of Public Act 100-513 may | 26 | | continue in that collaborative relationship or enter into a new |
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| 1 | | written collaborative relationship with a podiatric physician | 2 | | under the requirements of this Section and Section 65-40, as | 3 | | those Sections existed immediately before the amendment of | 4 | | those Sections by Public Act 100-513 with regard to a written | 5 | | collaborative agreement between an advanced practice | 6 | | registered nurse and a podiatric physician , until the | 7 | | collaborative relationship between the advanced practice | 8 | | registered nurse and podiatric physician terminates . | 9 | | (d) A copy of the signed, written collaborative agreement | 10 | | must be available
to the Department upon request from both the | 11 | | advanced practice registered nurse
and the collaborating | 12 | | physician, dentist, or podiatric physician. | 13 | | (e) Nothing in this Act shall be construed to limit the | 14 | | delegation of tasks or duties by a physician to a licensed | 15 | | practical nurse, a registered professional nurse, or other | 16 | | persons in accordance with Section 54.2 of the Medical Practice | 17 | | Act of 1987. Nothing in this Act shall be construed to limit | 18 | | the method of delegation that may be authorized by any means, | 19 | | including, but not limited to, oral, written, electronic, | 20 | | standing orders, protocols, guidelines, or verbal orders. | 21 | | (e-5) Nothing in this Act shall be construed to authorize | 22 | | an advanced practice registered nurse to provide health care | 23 | | services required by law or rule to be performed by a | 24 | | physician, including those acts to be performed by a physician | 25 | | in Section 3.1 of the Illinois Abortion Law of 1975. | 26 | | (f) An advanced
practice registered nurse shall inform each |
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| 1 | | collaborating physician, dentist, or podiatric physician of | 2 | | all collaborative
agreements he or she
has signed and provide a | 3 | | copy of these to any collaborating physician, dentist, or | 4 | | podiatric physician upon
request.
| 5 | | (g) (Blank). | 6 | | (Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18; | 7 | | 100-577, eff. 1-26-18.)
| 8 | | Section 99. Effective date. This Act takes effect January | 9 | | 1, 2018.
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