Bill Text: IL SB0318 | 2009-2010 | 96th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Medical Practice Act of 1987. Provides that nothing in the Act shall be construed to limit the right of persons licensed under the Act to delegate tasks or duties to licensed or unlicensed personnel who have the training or experience to perform the tasks or duties so delegated. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2009-08-24 - Public Act . . . . . . . . . 96-0618 [SB0318 Detail]
Download: Illinois-2009-SB0318-Engrossed.html
Bill Title: Amends the Medical Practice Act of 1987. Provides that nothing in the Act shall be construed to limit the right of persons licensed under the Act to delegate tasks or duties to licensed or unlicensed personnel who have the training or experience to perform the tasks or duties so delegated. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2009-08-24 - Public Act . . . . . . . . . 96-0618 [SB0318 Detail]
Download: Illinois-2009-SB0318-Engrossed.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 Medical Practice Act of 1987 is amended by | ||||||
5 | changing Section 54.5 and by adding Section 54.2 as follows:
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6 | (225 ILCS 60/54.2 new) | ||||||
7 | (Section scheduled to be repealed on December 31, 2010) | ||||||
8 | Sec. 54.2. Physician delegation of authority. | ||||||
9 | (a) Nothing in this Act shall be construed to limit the | ||||||
10 | delegation of tasks or duties by a physician licensed to | ||||||
11 | practice medicine in all its branches to a licensed practical | ||||||
12 | nurse, a registered professional nurse, or other licensed | ||||||
13 | person practicing within the scope of his or her individual | ||||||
14 | licensing Act. | ||||||
15 | (b) A physician licensed to practice medicine in all its | ||||||
16 | branches may delegate tasks and duties to an appropriately | ||||||
17 | trained licensed or unlicensed person. Any such task or duty | ||||||
18 | delegated to a licensed or unlicensed person must be within the | ||||||
19 | education, training, or experience of the delegating physician | ||||||
20 | and within the context of a physician-patient relationship. | ||||||
21 | (c) A chiropractic physician may delegate tasks and duties | ||||||
22 | to an appropriately trained licensed or unlicensed person. Any | ||||||
23 | task or duty delegated to a licensed or unlicensed person by |
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1 | the chiropractic physician: | ||||||
2 | (1) must fall within the scope of practice of the | ||||||
3 | chiropractic physician as defined by this Act; | ||||||
4 | (2) must be within the education, training, or | ||||||
5 | experience of the delegating chiropractic physician; and | ||||||
6 | (3) can only be delegated within the context of a | ||||||
7 | physician-patient relationship.
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8 | (225 ILCS 60/54.5)
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9 | (Section scheduled to be repealed on December 31, 2010)
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10 | Sec. 54.5. Physician delegation of authority to physician | ||||||
11 | assistants and advanced practice nurses .
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12 | (a) Physicians licensed to practice medicine in all its
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13 | branches may delegate care and treatment responsibilities to a
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14 | physician assistant under guidelines in accordance with the
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15 | requirements of the Physician Assistant Practice Act of
1987. A | ||||||
16 | physician licensed to practice medicine in all its
branches may | ||||||
17 | enter into supervising physician agreements with
no more than 2 | ||||||
18 | physician assistants.
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19 | (b) A physician licensed to practice medicine in all its
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20 | branches in active clinical practice may collaborate with an | ||||||
21 | advanced practice
nurse in accordance with the requirements of | ||||||
22 | the Nurse Practice Act. Collaboration
is for the purpose of | ||||||
23 | providing medical consultation,
and no employment relationship | ||||||
24 | is required. A
written collaborative agreement shall
conform to | ||||||
25 | the requirements of Section 65-35 of the Nurse Practice Act. |
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1 | The written collaborative agreement shall
be for
services the | ||||||
2 | collaborating physician generally provides to
his or her | ||||||
3 | patients in the normal course of clinical medical practice.
A | ||||||
4 | written collaborative agreement shall be adequate with respect | ||||||
5 | to collaboration
with advanced practice nurses if all of the | ||||||
6 | following apply:
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7 | (1) The agreement is written to promote the exercise of | ||||||
8 | professional judgment by the advanced practice nurse | ||||||
9 | commensurate with his or her education and experience. The | ||||||
10 | agreement need not describe the exact steps that an | ||||||
11 | advanced practice nurse must take with respect to each | ||||||
12 | specific condition, disease, or symptom, but must specify | ||||||
13 | those procedures that require a physician's presence as the | ||||||
14 | procedures are being performed.
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15 | (2) Practice guidelines and orders are developed and | ||||||
16 | approved jointly by the advanced practice nurse and | ||||||
17 | collaborating physician, as needed, based on the practice | ||||||
18 | of the practitioners. Such guidelines and orders and the | ||||||
19 | patient services provided thereunder are periodically | ||||||
20 | reviewed by the collaborating physician.
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21 | (3) The advance practice nurse provides services the | ||||||
22 | collaborating physician generally provides to his or her | ||||||
23 | patients in the normal course of clinical practice, except | ||||||
24 | as set forth in subsection (b-5) of this Section. With | ||||||
25 | respect to labor and delivery, the collaborating physician | ||||||
26 | must provide delivery services in order to participate with |
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1 | a certified nurse midwife. | ||||||
2 | (4) The collaborating physician and advanced practice | ||||||
3 | nurse meet in person at least once a month to provide | ||||||
4 | collaboration and consultation. | ||||||
5 | (5) Methods of communication are available with the | ||||||
6 | collaborating physician in person or through | ||||||
7 | telecommunications for consultation, collaboration, and | ||||||
8 | referral as needed to address patient care needs. | ||||||
9 | (6) The agreement contains provisions detailing notice | ||||||
10 | for termination or change of status involving a written | ||||||
11 | collaborative agreement, except when such notice is given | ||||||
12 | for just cause.
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13 | (b-5) An anesthesiologist or physician licensed to | ||||||
14 | practice medicine in
all its branches may collaborate with a | ||||||
15 | certified registered nurse anesthetist
in accordance with | ||||||
16 | Section 65-35 of the Nurse Practice Act for the provision of | ||||||
17 | anesthesia services. With respect to the provision of | ||||||
18 | anesthesia services, the collaborating anesthesiologist or | ||||||
19 | physician shall have training and experience in the delivery of | ||||||
20 | anesthesia services consistent with Department rules. | ||||||
21 | Collaboration shall be
adequate if:
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22 | (1) an anesthesiologist or a physician
participates in | ||||||
23 | the joint formulation and joint approval of orders or
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24 | guidelines and periodically reviews such orders and the | ||||||
25 | services provided
patients under such orders; and
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26 | (2) for anesthesia services, the anesthesiologist
or |
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1 | physician participates through discussion of and agreement | ||||||
2 | with the
anesthesia plan and is physically present and | ||||||
3 | available on the premises during
the delivery of anesthesia | ||||||
4 | services for
diagnosis, consultation, and treatment of | ||||||
5 | emergency medical conditions.
Anesthesia services in a | ||||||
6 | hospital shall be conducted in accordance with
Section 10.7 | ||||||
7 | of the Hospital Licensing Act and in an ambulatory surgical
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8 | treatment center in accordance with Section 6.5 of the | ||||||
9 | Ambulatory Surgical
Treatment Center Act.
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10 | (b-10) The anesthesiologist or operating physician must | ||||||
11 | agree with the
anesthesia plan prior to the delivery of | ||||||
12 | services.
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13 | (c) The supervising physician shall have access to the
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14 | medical records of all patients attended by a physician
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15 | assistant. The collaborating physician shall have access to
the | ||||||
16 | medical records of all patients attended to by an
advanced | ||||||
17 | practice nurse.
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18 | (d) Nothing in this Act
shall be construed to limit the | ||||||
19 | delegation of
tasks or duties by a physician licensed to | ||||||
20 | practice medicine
in all its branches to a licensed practical | ||||||
21 | nurse, a registered professional
nurse, or other persons in | ||||||
22 | accordance with Section 54.2 .
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23 | (e) A physician shall not be liable for the acts or
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24 | omissions of a physician assistant or advanced practice
nurse | ||||||
25 | solely on the basis of having signed a
supervision agreement or | ||||||
26 | guidelines or a collaborative
agreement, an order, a standing |
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1 | medical order, a
standing delegation order, or other order or | ||||||
2 | guideline
authorizing a physician assistant or advanced | ||||||
3 | practice
nurse to perform acts, unless the physician has
reason | ||||||
4 | to believe the physician assistant or advanced
practice nurse | ||||||
5 | lacked the competency to perform
the act or acts or commits | ||||||
6 | willful and wanton misconduct.
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7 | (Source: P.A. 95-639, eff. 10-5-07 .)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 |