Bill Text: IL HB3382 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Medical Practice Act of 1987. Removes the requirement that physicians remain physically present during delivery of anesthesia administered by a certified registered nurse anesthetist. Amends the Ambulatory Surgical Treatment Center Act, the Hospital Licensing Act, and the Nurse Practice Act to make related changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB3382 Detail]
Download: Illinois-2017-HB3382-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Ambulatory Surgical Treatment Center Act is | |||||||||||||||||||||||||||
5 | amended by changing Section 6.5 as follows:
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6 | (210 ILCS 5/6.5)
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7 | Sec. 6.5. Clinical privileges; advanced practice nurses. | |||||||||||||||||||||||||||
8 | All ambulatory surgical treatment centers (ASTC) licensed | |||||||||||||||||||||||||||
9 | under this Act
shall
comply with the following requirements:
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10 | (1) No ASTC policy, rule, regulation, or practice shall | |||||||||||||||||||||||||||
11 | be inconsistent
with the provision of adequate | |||||||||||||||||||||||||||
12 | collaboration and consultation in accordance with Section | |||||||||||||||||||||||||||
13 | 54.5 of the Medical
Practice Act of 1987.
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14 | (2) Operative surgical procedures shall be performed | |||||||||||||||||||||||||||
15 | only by a physician
licensed to
practice medicine in
all | |||||||||||||||||||||||||||
16 | its branches under the Medical Practice Act of 1987, a | |||||||||||||||||||||||||||
17 | dentist
licensed under the
Illinois Dental Practice Act, or | |||||||||||||||||||||||||||
18 | a podiatric physician licensed under the Podiatric
Medical | |||||||||||||||||||||||||||
19 | Practice Act of 1987,
with medical staff membership and | |||||||||||||||||||||||||||
20 | surgical clinical privileges granted by the
consulting
| |||||||||||||||||||||||||||
21 | committee of the ASTC. A licensed physician, dentist, or | |||||||||||||||||||||||||||
22 | podiatric physician may
be assisted by
a physician licensed | |||||||||||||||||||||||||||
23 | to practice medicine in all its branches, dentist, dental
|
| |||||||
| |||||||
1 | assistant, podiatric physician, licensed
advanced practice | ||||||
2 | nurse, licensed physician assistant, licensed
registered | ||||||
3 | nurse, licensed practical nurse,
surgical
assistant, | ||||||
4 | surgical technician, or other individuals granted clinical
| ||||||
5 | privileges to assist in surgery
by the consulting committee | ||||||
6 | of the ASTC.
Payment for services rendered by an assistant | ||||||
7 | in surgery who is not an
ambulatory surgical treatment | ||||||
8 | center employee shall be paid
at the appropriate | ||||||
9 | non-physician modifier
rate if the payor would have made | ||||||
10 | payment had the same services been provided
by a physician.
| ||||||
11 | (2.5) A registered nurse licensed under the Nurse | ||||||
12 | Practice Act and qualified by training and experience in | ||||||
13 | operating room nursing shall be present in the operating | ||||||
14 | room and function as the circulating nurse during all | ||||||
15 | invasive or operative procedures. For purposes of this | ||||||
16 | paragraph (2.5), "circulating nurse" means a registered | ||||||
17 | nurse who is responsible for coordinating all nursing care, | ||||||
18 | patient safety needs, and the needs of the surgical team in | ||||||
19 | the operating room during an invasive or operative | ||||||
20 | procedure.
| ||||||
21 | (3) An advanced practice nurse is not required to | ||||||
22 | possess prescriptive authority or a written collaborative | ||||||
23 | agreement meeting the requirements of the Nurse Practice | ||||||
24 | Act to provide advanced practice nursing services in an | ||||||
25 | ambulatory surgical treatment center. An advanced practice | ||||||
26 | nurse must possess clinical privileges granted by the |
| |||||||
| |||||||
1 | consulting medical staff committee and ambulatory surgical | ||||||
2 | treatment center in order to provide services. Individual | ||||||
3 | advanced practice nurses may also be granted clinical | ||||||
4 | privileges to order, select, and administer medications, | ||||||
5 | including controlled substances, to provide delineated | ||||||
6 | care. The attending physician must determine the advanced | ||||||
7 | practice nurse's role in providing care for his or her | ||||||
8 | patients, except as otherwise provided in the consulting | ||||||
9 | staff policies. The consulting medical staff committee | ||||||
10 | shall periodically review the services of advanced | ||||||
11 | practice nurses granted privileges.
| ||||||
12 | (4) The anesthesia service shall be under the direction | ||||||
13 | of a physician
licensed to practice
medicine in all its | ||||||
14 | branches who has had specialized preparation or experience
| ||||||
15 | in the area
or who has completed a residency in | ||||||
16 | anesthesiology. An anesthesiologist, Board
certified or
| ||||||
17 | Board eligible, is recommended. Anesthesia services may
| ||||||
18 | only be
administered pursuant to the order of a physician | ||||||
19 | licensed to practice medicine
in all its
branches, licensed | ||||||
20 | dentist, or licensed podiatric physician.
| ||||||
21 | (A) The individuals who, with clinical privileges | ||||||
22 | granted by the medical
staff and ASTC, may
administer | ||||||
23 | anesthesia services are limited to the
following:
| ||||||
24 | (i) an anesthesiologist; or
| ||||||
25 | (ii) a physician licensed to practice medicine | ||||||
26 | in all its branches; or
|
| |||||||
| |||||||
1 | (iii) a dentist with authority to administer | ||||||
2 | anesthesia under Section
8.1 of the
Illinois | ||||||
3 | Dental Practice Act; or
| ||||||
4 | (iv) a licensed certified registered nurse | ||||||
5 | anesthetist; or | ||||||
6 | (v) a podiatric physician licensed under the | ||||||
7 | Podiatric Medical Practice Act of 1987.
| ||||||
8 | (B) For anesthesia services, an anesthesiologist
| ||||||
9 | shall
participate through discussion of and agreement | ||||||
10 | with the anesthesia plan and
shall remain physically | ||||||
11 | present and be
available on
the premises during the | ||||||
12 | delivery of anesthesia services for
diagnosis, | ||||||
13 | consultation, and treatment of emergency medical
| ||||||
14 | conditions.
In the absence of 24-hour availability of | ||||||
15 | anesthesiologists with clinical
privileges, an | ||||||
16 | alternate policy (requiring
participation, presence,
| ||||||
17 | and availability of a
physician licensed to practice | ||||||
18 | medicine in all its
branches) shall be
developed by the | ||||||
19 | medical staff consulting committee in consultation | ||||||
20 | with the
anesthesia service and included in the medical
| ||||||
21 | staff
consulting committee policies.
| ||||||
22 | (C) A certified registered nurse anesthetist is | ||||||
23 | not required to possess
prescriptive authority or a | ||||||
24 | written collaborative agreement meeting the
| ||||||
25 | requirements of Section 65-35 of the Nurse Practice Act
| ||||||
26 | to provide anesthesia services
ordered by a licensed |
| |||||||
| |||||||
1 | physician, dentist, or podiatric physician. Licensed | ||||||
2 | certified
registered nurse anesthetists are authorized | ||||||
3 | to
select, order, and
administer drugs and apply the | ||||||
4 | appropriate medical devices in the provision of
| ||||||
5 | anesthesia
services under the anesthesia plan agreed | ||||||
6 | with by the
anesthesiologist or, in the absence of an | ||||||
7 | available anesthesiologist with
clinical privileges,
| ||||||
8 | agreed with by the
operating physician, operating | ||||||
9 | dentist, or operating podiatric physician in | ||||||
10 | accordance
with the medical
staff consulting committee | ||||||
11 | policies of a licensed ambulatory surgical treatment
| ||||||
12 | center.
| ||||||
13 | (Source: P.A. 98-214, eff. 8-9-13; 99-642, eff. 7-28-16.)
| ||||||
14 | Section 10. The Hospital Licensing Act is amended by | ||||||
15 | changing Section 10.7 as follows:
| ||||||
16 | (210 ILCS 85/10.7)
| ||||||
17 | Sec. 10.7. Clinical privileges; advanced practice nurses.
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18 | All hospitals licensed under this Act shall comply with the | ||||||
19 | following
requirements:
| ||||||
20 | (1) No hospital policy, rule, regulation, or practice
| ||||||
21 | shall be inconsistent
with the provision of adequate | ||||||
22 | collaboration and consultation in accordance with Section | ||||||
23 | 54.5 of the
Medical Practice Act of 1987.
| ||||||
24 | (2) Operative surgical procedures shall be performed |
| |||||||
| |||||||
1 | only by a physician
licensed to practice medicine in all | ||||||
2 | its branches under the Medical Practice
Act of 1987, a | ||||||
3 | dentist licensed under the Illinois Dental Practice Act, or | ||||||
4 | a podiatric physician
licensed under the Podiatric Medical | ||||||
5 | Practice Act of 1987,
with medical staff membership and | ||||||
6 | surgical clinical privileges granted at the
hospital. A | ||||||
7 | licensed physician, dentist, or podiatric physician may be | ||||||
8 | assisted by a
physician licensed to practice medicine in | ||||||
9 | all its branches, dentist, dental
assistant, podiatric | ||||||
10 | physician, licensed advanced practice nurse, licensed | ||||||
11 | physician
assistant, licensed registered
nurse, licensed | ||||||
12 | practical nurse, surgical
assistant, surgical technician, | ||||||
13 | or other individuals granted clinical
privileges to assist | ||||||
14 | in surgery
at the hospital.
Payment for services rendered | ||||||
15 | by an assistant in surgery who is not a
hospital employee | ||||||
16 | shall be paid
at the appropriate non-physician modifier | ||||||
17 | rate if the payor would have
made payment had the same | ||||||
18 | services been provided by a physician.
| ||||||
19 | (2.5) A registered nurse licensed under the Nurse | ||||||
20 | Practice Act and qualified by training and experience in | ||||||
21 | operating room nursing shall be present in the operating | ||||||
22 | room and function as the circulating nurse during all | ||||||
23 | invasive or operative procedures. For purposes of this | ||||||
24 | paragraph (2.5), "circulating nurse" means a registered | ||||||
25 | nurse who is responsible for coordinating all nursing care, | ||||||
26 | patient safety needs, and the needs of the surgical team in |
| |||||||
| |||||||
1 | the operating room during an invasive or operative | ||||||
2 | procedure.
| ||||||
3 | (3) An advanced practice nurse is not required to | ||||||
4 | possess prescriptive authority or a written collaborative | ||||||
5 | agreement meeting the requirements of the Nurse Practice | ||||||
6 | Act to provide advanced practice nursing services in a | ||||||
7 | hospital. An advanced practice nurse must possess clinical | ||||||
8 | privileges recommended by the medical staff and granted by | ||||||
9 | the hospital in order to provide services. Individual | ||||||
10 | advanced practice nurses may also be granted clinical | ||||||
11 | privileges to order, select, and administer medications, | ||||||
12 | including controlled substances, to provide delineated | ||||||
13 | care. The attending physician must determine the advanced | ||||||
14 | practice nurse's role in providing care for his or her | ||||||
15 | patients, except as otherwise provided in medical staff | ||||||
16 | bylaws. The medical staff shall periodically review the | ||||||
17 | services of advanced practice nurses granted privileges. | ||||||
18 | This review shall be conducted in accordance with item (2) | ||||||
19 | of subsection (a) of Section 10.8 of this Act for advanced | ||||||
20 | practice nurses employed by the hospital.
| ||||||
21 | (4) The anesthesia service shall be under the direction | ||||||
22 | of a physician
licensed to practice
medicine in all its | ||||||
23 | branches who has had specialized preparation or
experience | ||||||
24 | in the area
or who has completed a residency in | ||||||
25 | anesthesiology. An anesthesiologist, Board
certified or | ||||||
26 | Board eligible, is recommended. Anesthesia services may
|
| |||||||
| |||||||
1 | only be administered pursuant to the order of a physician | ||||||
2 | licensed to practice
medicine in all its branches, licensed | ||||||
3 | dentist, or licensed podiatric physician.
| ||||||
4 | (A) The individuals who, with clinical privileges | ||||||
5 | granted at the hospital,
may administer anesthesia | ||||||
6 | services are limited
to the following:
| ||||||
7 | (i) an anesthesiologist; or
| ||||||
8 | (ii) a physician licensed to practice medicine | ||||||
9 | in all its branches; or
| ||||||
10 | (iii) a dentist with authority to administer | ||||||
11 | anesthesia under Section
8.1 of
the Illinois | ||||||
12 | Dental Practice Act; or
| ||||||
13 | (iv) a licensed certified registered nurse | ||||||
14 | anesthetist; or | ||||||
15 | (v) a podiatric physician licensed under the | ||||||
16 | Podiatric Medical Practice Act of 1987.
| ||||||
17 | (B) For anesthesia services, an anesthesiologist
| ||||||
18 | shall
participate through discussion of and agreement | ||||||
19 | with the anesthesia plan and
shall remain physically | ||||||
20 | present and be
available on
the premises during the | ||||||
21 | delivery of anesthesia services for
diagnosis, | ||||||
22 | consultation, and treatment of emergency medical | ||||||
23 | conditions.
In the absence
of 24-hour availability of
| ||||||
24 | anesthesiologists with medical staff privileges,
an | ||||||
25 | alternate
policy (requiring participation, presence, | ||||||
26 | and availability of a physician
licensed to practice
|
| |||||||
| |||||||
1 | medicine in all its branches) shall be developed by the | ||||||
2 | medical staff and
licensed
hospital in consultation | ||||||
3 | with the anesthesia service.
| ||||||
4 | (C) A certified registered nurse anesthetist is | ||||||
5 | not required to possess
prescriptive authority or a | ||||||
6 | written collaborative agreement meeting
the | ||||||
7 | requirements of Section 65-35 of the Nurse Practice Act
| ||||||
8 | to provide anesthesia services
ordered by a licensed | ||||||
9 | physician, dentist, or podiatric physician. Licensed | ||||||
10 | certified
registered nurse anesthetists are authorized | ||||||
11 | to
select, order, and
administer drugs and apply the | ||||||
12 | appropriate medical devices in the provision of
| ||||||
13 | anesthesia
services under the anesthesia plan agreed | ||||||
14 | with by the
anesthesiologist or, in the absence of an | ||||||
15 | available anesthesiologist with
clinical privileges,
| ||||||
16 | agreed with by the
operating physician, operating | ||||||
17 | dentist, or operating podiatric physician in | ||||||
18 | accordance
with the hospital's alternative policy.
| ||||||
19 | (Source: P.A. 98-214, eff. 8-9-13; 99-642, eff. 7-28-16.)
| ||||||
20 | Section 15. The Medical Practice Act of 1987 is amended by | ||||||
21 | changing Section 54.5 as follows:
| ||||||
22 | (225 ILCS 60/54.5)
| ||||||
23 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
24 | Sec. 54.5. Physician delegation of authority to physician |
| |||||||
| |||||||
1 | assistants, advanced practice nurses, and prescribing | ||||||
2 | psychologists.
| ||||||
3 | (a) Physicians licensed to practice medicine in all its
| ||||||
4 | branches may delegate care and treatment responsibilities to a
| ||||||
5 | physician assistant under guidelines in accordance with the
| ||||||
6 | requirements of the Physician Assistant Practice Act of
1987. A | ||||||
7 | physician licensed to practice medicine in all its
branches may | ||||||
8 | enter into supervising physician agreements with
no more than 5 | ||||||
9 | physician assistants as set forth in subsection (a) of Section | ||||||
10 | 7 of the Physician Assistant Practice Act of 1987.
| ||||||
11 | (b) A physician licensed to practice medicine in all its
| ||||||
12 | branches in active clinical practice may collaborate with an | ||||||
13 | advanced practice
nurse in accordance with the requirements of | ||||||
14 | the Nurse Practice Act. Collaboration
is for the purpose of | ||||||
15 | providing medical consultation,
and no employment relationship | ||||||
16 | is required. A
written collaborative agreement shall
conform to | ||||||
17 | the requirements of Section 65-35 of the Nurse Practice Act. | ||||||
18 | The written collaborative agreement shall
be for
services in | ||||||
19 | the same area of practice or specialty as the collaborating | ||||||
20 | physician in
his or her clinical medical practice.
A written | ||||||
21 | collaborative agreement shall be adequate with respect to | ||||||
22 | collaboration
with advanced practice nurses if all of the | ||||||
23 | following apply:
| ||||||
24 | (1) The agreement is written to promote the exercise of | ||||||
25 | professional judgment by the advanced practice nurse | ||||||
26 | commensurate with his or her education and experience.
|
| |||||||
| |||||||
1 | (2) The advance practice nurse provides services based | ||||||
2 | upon a written collaborative agreement with the | ||||||
3 | collaborating physician, except as set forth in subsection | ||||||
4 | (b-5) of this Section. With respect to labor and delivery, | ||||||
5 | the collaborating physician must provide delivery services | ||||||
6 | in order to participate with a certified nurse midwife. | ||||||
7 | (3) Methods of communication are available with the | ||||||
8 | collaborating physician in person or through | ||||||
9 | telecommunications for consultation, collaboration, and | ||||||
10 | referral as needed to address patient care needs.
| ||||||
11 | (b-5) An anesthesiologist or physician licensed to | ||||||
12 | practice medicine in
all its branches may collaborate with a | ||||||
13 | certified registered nurse anesthetist
in accordance with | ||||||
14 | Section 65-35 of the Nurse Practice Act for the provision of | ||||||
15 | anesthesia services. With respect to the provision of | ||||||
16 | anesthesia services, the collaborating anesthesiologist or | ||||||
17 | physician shall have training and experience in the delivery of | ||||||
18 | anesthesia services consistent with Department rules. | ||||||
19 | Collaboration shall be
adequate if:
| ||||||
20 | (1) an anesthesiologist or a physician
participates in | ||||||
21 | the joint formulation and joint approval of orders or
| ||||||
22 | guidelines and periodically reviews such orders and the | ||||||
23 | services provided
patients under such orders; and
| ||||||
24 | (2) for anesthesia services, the anesthesiologist
or | ||||||
25 | physician participates through discussion of and agreement | ||||||
26 | with the
anesthesia plan and is physically present and |
| |||||||
| |||||||
1 | available on the premises during
the delivery of anesthesia | ||||||
2 | services for
diagnosis, consultation, and treatment of | ||||||
3 | emergency medical conditions.
Anesthesia services in a | ||||||
4 | hospital shall be conducted in accordance with
Section 10.7 | ||||||
5 | of the Hospital Licensing Act and in an ambulatory surgical
| ||||||
6 | treatment center in accordance with Section 6.5 of the | ||||||
7 | Ambulatory Surgical
Treatment Center Act.
| ||||||
8 | (b-10) The anesthesiologist or operating physician must | ||||||
9 | agree with the
anesthesia plan prior to the delivery of | ||||||
10 | services.
| ||||||
11 | (c) The supervising physician shall have access to the
| ||||||
12 | medical records of all patients attended by a physician
| ||||||
13 | assistant. The collaborating physician shall have access to
the | ||||||
14 | medical records of all patients attended to by an
advanced | ||||||
15 | practice nurse.
| ||||||
16 | (d) (Blank).
| ||||||
17 | (e) A physician shall not be liable for the acts or
| ||||||
18 | omissions of a prescribing psychologist, physician assistant, | ||||||
19 | or advanced practice
nurse solely on the basis of having signed | ||||||
20 | a
supervision agreement or guidelines or a collaborative
| ||||||
21 | agreement, an order, a standing medical order, a
standing | ||||||
22 | delegation order, or other order or guideline
authorizing a | ||||||
23 | prescribing psychologist, physician assistant, or advanced | ||||||
24 | practice
nurse to perform acts, unless the physician has
reason | ||||||
25 | to believe the prescribing psychologist, physician assistant, | ||||||
26 | or advanced
practice nurse lacked the competency to perform
the |
| |||||||
| |||||||
1 | act or acts or commits willful and wanton misconduct.
| ||||||
2 | (f) A collaborating physician may, but is not required to, | ||||||
3 | delegate prescriptive authority to an advanced practice nurse | ||||||
4 | as part of a written collaborative agreement, and the | ||||||
5 | delegation of prescriptive authority shall conform to the | ||||||
6 | requirements of Section 65-40 of the Nurse Practice Act. | ||||||
7 | (g) A supervising physician may, but is not required to, | ||||||
8 | delegate prescriptive authority to a physician assistant as | ||||||
9 | part of a written supervision agreement, and the delegation of | ||||||
10 | prescriptive authority shall conform to the requirements of | ||||||
11 | Section 7.5 of the Physician Assistant Practice Act of 1987. | ||||||
12 | (h) (Blank). | ||||||
13 | (i) A collaborating physician shall delegate prescriptive | ||||||
14 | authority to a prescribing psychologist as part of a written | ||||||
15 | collaborative agreement, and the delegation of prescriptive | ||||||
16 | authority shall conform to the requirements of Section 4.3 of | ||||||
17 | the Clinical Psychologist Licensing Act. | ||||||
18 | (Source: P.A. 98-192, eff. 1-1-14; 98-668, eff. 6-25-14; | ||||||
19 | 99-173, eff. 7-29-15 .)
| ||||||
20 | Section 20. The Nurse Practice Act is amended by changing | ||||||
21 | Sections 65-35 and 65-45 as follows:
| ||||||
22 | (225 ILCS 65/65-35)
(was 225 ILCS 65/15-15)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
24 | Sec. 65-35. Written collaborative
agreements. |
| |||||||
| |||||||
1 | (a) A written collaborative agreement is required for all | ||||||
2 | advanced practice nurses engaged in clinical practice, except | ||||||
3 | for advanced practice nurses who are authorized to practice in | ||||||
4 | a hospital, hospital affiliate, or ambulatory surgical | ||||||
5 | treatment center. | ||||||
6 | (a-5) If an advanced practice nurse engages in clinical | ||||||
7 | practice outside of a hospital, hospital affiliate, or | ||||||
8 | ambulatory surgical treatment center in which he or she is | ||||||
9 | authorized to practice, the advanced practice nurse must have a | ||||||
10 | written collaborative agreement.
| ||||||
11 | (b) A written collaborative
agreement shall describe the | ||||||
12 | relationship of the
advanced practice nurse with the | ||||||
13 | collaborating
physician or podiatric physician and shall | ||||||
14 | describe the categories of
care, treatment, or procedures to be | ||||||
15 | provided by the advanced
practice nurse. A collaborative | ||||||
16 | agreement with a dentist must be in accordance with subsection | ||||||
17 | (c-10) of this Section. Collaboration does not require an
| ||||||
18 | employment relationship between the collaborating physician
or | ||||||
19 | podiatric physician and advanced practice nurse.
| ||||||
20 | The collaborative
relationship under an agreement shall | ||||||
21 | not be
construed to require the personal presence of a | ||||||
22 | physician or podiatric physician at the place where services | ||||||
23 | are rendered.
Methods of communication shall
be available for | ||||||
24 | consultation with the collaborating
physician or podiatric | ||||||
25 | physician in person or by telecommunications or electronic | ||||||
26 | communications as set forth in the written
agreement.
|
| |||||||
| |||||||
1 | (b-5) Absent an employment relationship, a written | ||||||
2 | collaborative agreement may not (1) restrict the categories of | ||||||
3 | patients of an advanced practice nurse within the scope of the | ||||||
4 | advanced practice nurses training and experience, (2) limit | ||||||
5 | third party payors or government health programs, such as the | ||||||
6 | medical assistance program or Medicare with which the advanced | ||||||
7 | practice nurse contracts, or (3) limit the geographic area or | ||||||
8 | practice location of the advanced practice nurse in this State. | ||||||
9 | (c)
In the case of anesthesia services provided by a | ||||||
10 | certified registered nurse anesthetist, an anesthesiologist, a | ||||||
11 | physician, a dentist, or a podiatric physician must participate | ||||||
12 | through discussion of and agreement with the anesthesia plan | ||||||
13 | and remain physically present and available on the premises | ||||||
14 | during the delivery of anesthesia services for diagnosis, | ||||||
15 | consultation, and treatment of emergency medical conditions.
| ||||||
16 | (c-5) A certified registered nurse anesthetist, who | ||||||
17 | provides anesthesia services outside of a hospital or | ||||||
18 | ambulatory surgical treatment center shall enter into a written | ||||||
19 | collaborative agreement with an anesthesiologist or the | ||||||
20 | physician licensed to practice medicine in all its branches or | ||||||
21 | the podiatric physician performing the procedure. Outside of a | ||||||
22 | hospital or ambulatory surgical treatment center, the | ||||||
23 | certified registered nurse anesthetist may provide only those | ||||||
24 | services that the collaborating podiatric physician is | ||||||
25 | authorized to provide pursuant to the Podiatric Medical | ||||||
26 | Practice Act of 1987 and rules adopted thereunder. A certified |
| |||||||
| |||||||
1 | registered nurse anesthetist may select, order, and administer | ||||||
2 | medication, including controlled substances, and apply | ||||||
3 | appropriate medical devices for delivery of anesthesia | ||||||
4 | services under the anesthesia plan agreed with by the | ||||||
5 | anesthesiologist or the operating physician or operating | ||||||
6 | podiatric physician. | ||||||
7 | (c-10) A certified registered nurse anesthetist who | ||||||
8 | provides anesthesia services in a dental office shall enter | ||||||
9 | into a written collaborative agreement with an | ||||||
10 | anesthesiologist or the physician licensed to practice | ||||||
11 | medicine in all its branches or the operating dentist | ||||||
12 | performing the procedure. The agreement shall describe the | ||||||
13 | working relationship of the certified registered nurse | ||||||
14 | anesthetist and dentist and shall authorize the categories of | ||||||
15 | care, treatment, or procedures to be performed by the certified | ||||||
16 | registered nurse anesthetist. In a collaborating dentist's | ||||||
17 | office, the certified registered nurse anesthetist may only | ||||||
18 | provide those services that the operating dentist with the | ||||||
19 | appropriate permit is authorized to provide pursuant to the | ||||||
20 | Illinois Dental Practice Act and rules adopted thereunder. For | ||||||
21 | anesthesia services, an anesthesiologist, physician, or | ||||||
22 | operating dentist shall participate through discussion of and | ||||||
23 | agreement with the anesthesia plan and shall remain physically | ||||||
24 | present and be available on the premises during the delivery of | ||||||
25 | anesthesia services for diagnosis, consultation, and treatment | ||||||
26 | of emergency medical conditions. A certified registered nurse |
| |||||||
| |||||||
1 | anesthetist may select, order, and administer medication, | ||||||
2 | including controlled substances, and apply appropriate medical | ||||||
3 | devices for delivery of anesthesia services under the | ||||||
4 | anesthesia plan agreed with by the operating dentist. | ||||||
5 | (d) A copy of the signed, written collaborative agreement | ||||||
6 | must be available
to the Department upon request from both the | ||||||
7 | advanced practice nurse
and the collaborating physician, | ||||||
8 | dentist, or podiatric physician. | ||||||
9 | (e) Nothing in this Act shall be construed to limit the | ||||||
10 | delegation of tasks or duties by a physician to a licensed | ||||||
11 | practical nurse, a registered professional nurse, or other | ||||||
12 | persons in accordance with Section 54.2 of the Medical Practice | ||||||
13 | Act of 1987. Nothing in this Act shall be construed to limit | ||||||
14 | the method of delegation that may be authorized by any means, | ||||||
15 | including, but not limited to, oral, written, electronic, | ||||||
16 | standing orders, protocols, guidelines, or verbal orders. | ||||||
17 | Nothing in this Act shall be construed to authorize an advanced | ||||||
18 | practice nurse to provide health care services required by law | ||||||
19 | or rule to be performed by a physician. | ||||||
20 | (f) An advanced
practice nurse shall inform each | ||||||
21 | collaborating physician, dentist, or podiatric physician of | ||||||
22 | all collaborative
agreements he or she
has signed and provide a | ||||||
23 | copy of these to any collaborating physician, dentist, or | ||||||
24 | podiatric physician upon
request.
| ||||||
25 | (g) (Blank). | ||||||
26 | (Source: P.A. 98-192, eff. 1-1-14; 98-214, eff. 8-9-13; 98-756, |
| |||||||
| |||||||
1 | eff. 7-16-14; 99-173, eff. 7-29-15.)
| ||||||
2 | (225 ILCS 65/65-45)
(was 225 ILCS 65/15-25)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
4 | Sec. 65-45. Advanced practice nursing in hospitals, | ||||||
5 | hospital affiliates, or ambulatory surgical treatment centers.
| ||||||
6 | (a) An advanced practice nurse may provide
services in a | ||||||
7 | hospital or a hospital affiliate as those terms are defined in | ||||||
8 | the Hospital Licensing Act or the University of Illinois | ||||||
9 | Hospital Act or a licensed ambulatory surgical
treatment center | ||||||
10 | without a written collaborative agreement pursuant to Section | ||||||
11 | 65-35 of this Act. An advanced practice nurse must possess | ||||||
12 | clinical privileges recommended by the hospital medical staff | ||||||
13 | and granted by the hospital or the consulting medical staff | ||||||
14 | committee and ambulatory surgical treatment center in order to | ||||||
15 | provide services. The medical staff or consulting medical staff | ||||||
16 | committee shall periodically review the services of advanced | ||||||
17 | practice nurses granted clinical privileges, including any | ||||||
18 | care provided in a hospital affiliate. Authority may also be | ||||||
19 | granted when recommended by the hospital medical staff and | ||||||
20 | granted by the hospital or recommended by the consulting | ||||||
21 | medical staff committee and ambulatory surgical treatment | ||||||
22 | center to individual advanced practice nurses to select, order, | ||||||
23 | and administer medications, including controlled substances, | ||||||
24 | to provide delineated care. In a hospital, hospital affiliate, | ||||||
25 | or ambulatory surgical treatment center, the attending |
| |||||||
| |||||||
1 | physician shall determine an advanced practice nurse's role in | ||||||
2 | providing care for his or her patients, except as otherwise | ||||||
3 | provided in the medical staff bylaws or consulting committee | ||||||
4 | policies.
| ||||||
5 | (a-2) An advanced practice nurse granted authority to order | ||||||
6 | medications including controlled substances may complete | ||||||
7 | discharge prescriptions provided the prescription is in the | ||||||
8 | name of the advanced practice nurse and the attending or | ||||||
9 | discharging physician. | ||||||
10 | (a-3) Advanced practice nurses practicing in a hospital or | ||||||
11 | an ambulatory surgical treatment center are not required to | ||||||
12 | obtain a mid-level controlled substance license to order | ||||||
13 | controlled substances under Section 303.05 of the Illinois | ||||||
14 | Controlled Substances Act. | ||||||
15 | (a-5) For
anesthesia services provided by a certified | ||||||
16 | registered nurse anesthetist, an anesthesiologist,
physician, | ||||||
17 | dentist,
or podiatric physician shall participate through | ||||||
18 | discussion of and agreement with the
anesthesia plan and shall
| ||||||
19 | remain
physically present
and be available on the premises | ||||||
20 | during the delivery of anesthesia services for
diagnosis, | ||||||
21 | consultation, and treatment of
emergency medical conditions, | ||||||
22 | unless hospital policy adopted pursuant to
clause (B) of | ||||||
23 | subdivision (3) of Section 10.7 of the Hospital Licensing Act
| ||||||
24 | or ambulatory surgical treatment center policy adopted | ||||||
25 | pursuant to
clause (B) of subdivision (3) of Section 6.5 of the | ||||||
26 | Ambulatory Surgical
Treatment Center Act
provides otherwise. A |
| |||||||
| |||||||
1 | certified registered nurse anesthetist may select, order, and | ||||||
2 | administer medication for anesthesia services under the | ||||||
3 | anesthesia plan agreed to by the anesthesiologist or the | ||||||
4 | physician, in accordance with hospital alternative policy or | ||||||
5 | the medical staff consulting committee policies of a licensed | ||||||
6 | ambulatory surgical treatment center.
| ||||||
7 | (b) An advanced practice nurse who provides
services in a | ||||||
8 | hospital shall do so in accordance with Section 10.7 of the
| ||||||
9 | Hospital
Licensing Act and, in an
ambulatory surgical treatment | ||||||
10 | center, in accordance with Section 6.5 of the
Ambulatory
| ||||||
11 | Surgical Treatment Center Act.
| ||||||
12 | (c) Advanced practice nurses certified as nurse | ||||||
13 | practitioners, nurse midwives, or clinical nurse specialists | ||||||
14 | practicing in a hospital affiliate may be, but are not required | ||||||
15 | to be, granted authority to prescribe Schedule II through V | ||||||
16 | controlled substances when such authority is recommended by the | ||||||
17 | appropriate physician committee of the hospital affiliate and | ||||||
18 | granted by the hospital affiliate. This authority may, but is | ||||||
19 | not required to, include prescription of, selection of, orders | ||||||
20 | for, administration of, storage of, acceptance of samples of, | ||||||
21 | and dispensing over-the-counter medications, legend drugs, | ||||||
22 | medical gases, and controlled substances categorized as | ||||||
23 | Schedule II through V controlled substances, as defined in | ||||||
24 | Article II of the Illinois Controlled Substances Act, and other | ||||||
25 | preparations, including, but not limited to, botanical and | ||||||
26 | herbal remedies. |
| |||||||
| |||||||
1 | To prescribe controlled substances under this subsection | ||||||
2 | (c), an advanced practice nurse certified as a nurse | ||||||
3 | practitioner, nurse midwife, or clinical nurse specialist must | ||||||
4 | obtain a mid-level practitioner controlled substance license. | ||||||
5 | Medication orders shall be reviewed periodically by the | ||||||
6 | appropriate hospital affiliate physicians committee or its | ||||||
7 | physician designee. | ||||||
8 | The hospital affiliate shall file with the Department | ||||||
9 | notice of a grant of prescriptive authority consistent with | ||||||
10 | this subsection (c) and termination of such a grant of | ||||||
11 | authority, in accordance with rules of the Department. Upon | ||||||
12 | receipt of this notice of grant of authority to prescribe any | ||||||
13 | Schedule II through V controlled substances, the licensed | ||||||
14 | advanced practice nurse certified as a nurse practitioner, | ||||||
15 | nurse midwife, or clinical nurse specialist may register for a | ||||||
16 | mid-level practitioner controlled substance license under | ||||||
17 | Section 303.05 of the Illinois Controlled Substances Act. | ||||||
18 | In addition, a hospital affiliate may, but is not required | ||||||
19 | to, grant authority to an advanced practice nurse certified as | ||||||
20 | a nurse practitioner, nurse midwife, or clinical nurse | ||||||
21 | specialist to prescribe any Schedule II controlled substances, | ||||||
22 | if all of the following conditions apply: | ||||||
23 | (1) specific Schedule II controlled substances by oral | ||||||
24 | dosage or topical or transdermal application may be | ||||||
25 | designated, provided that the designated Schedule II | ||||||
26 | controlled substances are routinely prescribed by advanced |
| |||||||
| |||||||
1 | practice nurses in their area of certification; this grant | ||||||
2 | of authority must identify the specific Schedule II | ||||||
3 | controlled substances by either brand name or generic name; | ||||||
4 | authority to prescribe or dispense Schedule II controlled | ||||||
5 | substances to be delivered by injection or other route of | ||||||
6 | administration may not be granted; | ||||||
7 | (2) any grant of authority must be controlled | ||||||
8 | substances limited to the practice of the advanced practice | ||||||
9 | nurse; | ||||||
10 | (3) any prescription must be limited to no more than a | ||||||
11 | 30-day supply; | ||||||
12 | (4) the advanced practice nurse must discuss the | ||||||
13 | condition of any patients for whom a controlled substance | ||||||
14 | is prescribed monthly with the appropriate physician | ||||||
15 | committee of the hospital affiliate or its physician | ||||||
16 | designee; and | ||||||
17 | (5) the advanced practice nurse must meet the education | ||||||
18 | requirements of Section 303.05 of the Illinois Controlled | ||||||
19 | Substances Act. | ||||||
20 | (Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)
|