Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1785 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0228
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3	2		SB1785 Enrolled LRB103 26967 AMQ 53333 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Medical Practice Act of 1987 is amended by
8		-	changing Section 54.5 as follows:
9		-	(225 ILCS 60/54.5)
10		-	(Section scheduled to be repealed on January 1, 2027)
11		-	Sec. 54.5. Physician delegation of authority to physician
12		-	assistants, advanced practice registered nurses without full
13		-	practice authority, and prescribing psychologists.
14		-	(a) Physicians licensed to practice medicine in all its
15		-	branches may delegate care and treatment responsibilities to a
16		-	physician assistant under guidelines in accordance with the
17		-	requirements of the Physician Assistant Practice Act of 1987.
18		-	A physician licensed to practice medicine in all its branches
19		-	may enter into collaborative agreements with no more than 7
20		-	full-time equivalent physician assistants, except in a
21		-	hospital, hospital affiliate, or ambulatory surgical treatment
22		-	center as set forth by Section 7.7 of the Physician Assistant
23		-	Practice Act of 1987 and as provided in subsection (a-5).
24		-	(a-5) A physician licensed to practice medicine in all its
25		-	branches may collaborate with more than 7 physician assistants
26		-	when the services are provided in a federal primary care
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Medical Practice Act of 1987 is amended by
	7	+	5 changing Section 54.5 as follows:
	8	+	6 (225 ILCS 60/54.5)
	9	+	7 (Section scheduled to be repealed on January 1, 2027)
	10	+	8 Sec. 54.5. Physician delegation of authority to physician
	11	+	9 assistants, advanced practice registered nurses without full
	12	+	10 practice authority, and prescribing psychologists.
	13	+	11 (a) Physicians licensed to practice medicine in all its
	14	+	12 branches may delegate care and treatment responsibilities to a
	15	+	13 physician assistant under guidelines in accordance with the
	16	+	14 requirements of the Physician Assistant Practice Act of 1987.
	17	+	15 A physician licensed to practice medicine in all its branches
	18	+	16 may enter into collaborative agreements with no more than 7
	19	+	17 full-time equivalent physician assistants, except in a
	20	+	18 hospital, hospital affiliate, or ambulatory surgical treatment
	21	+	19 center as set forth by Section 7.7 of the Physician Assistant
	22	+	20 Practice Act of 1987 and as provided in subsection (a-5).
	23	+	21 (a-5) A physician licensed to practice medicine in all its
	24	+	22 branches may collaborate with more than 7 physician assistants
	25	+	23 when the services are provided in a federal primary care
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33		-	health professional shortage area with a Health Professional
34		-	Shortage Area score greater than or equal to 12, as determined
35		-	by the United States Department of Health and Human Services.
36		-	The collaborating physician must keep appropriate
37		-	documentation of meeting this exemption and make it available
38		-	to the Department upon request.
39		-	(b) A physician licensed to practice medicine in all its
40		-	branches in active clinical practice may collaborate with an
41		-	advanced practice registered nurse in accordance with the
42		-	requirements of the Nurse Practice Act. Collaboration is for
43		-	the purpose of providing medical consultation, and no
44		-	employment relationship is required. A written collaborative
45		-	agreement shall conform to the requirements of Section 65-35
46		-	of the Nurse Practice Act. The written collaborative agreement
47		-	shall be for services for which the collaborating physician
48		-	can provide adequate collaboration in the same area of
49		-	practice or specialty as the collaborating physician in his or
50		-	her clinical medical practice. A written collaborative
51		-	agreement shall be adequate with respect to collaboration with
52		-	advanced practice registered nurses if all of the following
53		-	apply:
54		-	(1) The agreement is written to promote the exercise
55		-	of professional judgment by the advanced practice
56		-	registered nurse commensurate with his or her education
57		-	and experience.
58		-	(2) The advanced practice registered nurse provides
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	34	+	1 health professional shortage area with a Health Professional
	35	+	2 Shortage Area score greater than or equal to 12, as determined
	36	+	3 by the United States Department of Health and Human Services.
	37	+	4 The collaborating physician must keep appropriate
	38	+	5 documentation of meeting this exemption and make it available
	39	+	6 to the Department upon request.
	40	+	7 (b) A physician licensed to practice medicine in all its
	41	+	8 branches in active clinical practice may collaborate with an
	42	+	9 advanced practice registered nurse in accordance with the
	43	+	10 requirements of the Nurse Practice Act. Collaboration is for
	44	+	11 the purpose of providing medical consultation, and no
	45	+	12 employment relationship is required. A written collaborative
	46	+	13 agreement shall conform to the requirements of Section 65-35
	47	+	14 of the Nurse Practice Act. The written collaborative agreement
	48	+	15 shall be for services for which the collaborating physician
	49	+	16 can provide adequate collaboration in the same area of
	50	+	17 practice or specialty as the collaborating physician in his or
	51	+	18 her clinical medical practice. A written collaborative
	52	+	19 agreement shall be adequate with respect to collaboration with
	53	+	20 advanced practice registered nurses if all of the following
	54	+	21 apply:
	55	+	22 (1) The agreement is written to promote the exercise
	56	+	23 of professional judgment by the advanced practice
	57	+	24 registered nurse commensurate with his or her education
	58	+	25 and experience.
	59	+	26 (2) The advanced practice registered nurse provides
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61		-	services based upon a written collaborative agreement with
62		-	the collaborating physician, except as set forth in
63		-	subsection (b-5) of this Section. With respect to labor
64		-	and delivery, the collaborating physician must provide
65		-	delivery services in order to participate with a certified
66		-	nurse midwife.
67		-	(3) Methods of communication are available with the
68		-	collaborating physician in person or through
69		-	telecommunications for consultation, collaboration, and
70		-	referral as needed to address patient care needs.
71		-	(b-5) An anesthesiologist or physician licensed to
72		-	practice medicine in all its branches may collaborate with a
73		-	certified registered nurse anesthetist in accordance with
74		-	Section 65-35 of the Nurse Practice Act for the provision of
75		-	anesthesia services. With respect to the provision of
76		-	anesthesia services, the collaborating anesthesiologist or
77		-	physician shall have training and experience in the delivery
78		-	of anesthesia services consistent with Department rules.
79		-	Collaboration shall be adequate if:
80		-	(1) an anesthesiologist or a physician participates in
81		-	the joint formulation and joint approval of orders or
82		-	guidelines and periodically reviews such orders and the
83		-	services provided patients under such orders; and
84		-	(2) for anesthesia services, the anesthesiologist or
85		-	physician participates through discussion of and agreement
86		-	with the anesthesia plan and is physically present and
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89		-	available on the premises during the delivery of
90		-	anesthesia services for diagnosis, consultation, and
91		-	treatment of emergency medical conditions. Anesthesia
92		-	services in a hospital shall be conducted in accordance
93		-	with Section 10.7 of the Hospital Licensing Act and in an
94		-	ambulatory surgical treatment center in accordance with
95		-	Section 6.5 of the Ambulatory Surgical Treatment Center
96		-	Act.
97		-	(b-10) The anesthesiologist or operating physician must
98		-	agree with the anesthesia plan prior to the delivery of
99		-	services.
100		-	(c) The collaborating physician shall have access to the
101		-	medical records of all patients attended by a physician
102		-	assistant. The collaborating physician shall have access to
103		-	the medical records of all patients attended to by an advanced
104		-	practice registered nurse.
105		-	(d) (Blank).
106		-	(e) A physician shall not be liable for the acts or
107		-	omissions of a prescribing psychologist, physician assistant,
108		-	or advanced practice registered nurse solely on the basis of
109		-	having signed a supervision agreement or guidelines or a
110		-	collaborative agreement, an order, a standing medical order, a
111		-	standing delegation order, or other order or guideline
112		-	authorizing a prescribing psychologist, physician assistant,
113		-	or advanced practice registered nurse to perform acts, unless
114		-	the physician has reason to believe the prescribing
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117		-	psychologist, physician assistant, or advanced practice
118		-	registered nurse lacked the competency to perform the act or
119		-	acts or commits willful and wanton misconduct.
120		-	(f) A collaborating physician may, but is not required to,
121		-	delegate prescriptive authority to an advanced practice
122		-	registered nurse as part of a written collaborative agreement,
123		-	and the delegation of prescriptive authority shall conform to
124		-	the requirements of Section 65-40 of the Nurse Practice Act.
125		-	(g) A collaborating physician may, but is not required to,
126		-	delegate prescriptive authority to a physician assistant as
127		-	part of a written collaborative agreement, and the delegation
128		-	of prescriptive authority shall conform to the requirements of
129		-	Section 7.5 of the Physician Assistant Practice Act of 1987.
130		-	(h) (Blank).
131		-	(i) A collaborating physician shall delegate prescriptive
132		-	authority to a prescribing psychologist as part of a written
133		-	collaborative agreement, and the delegation of prescriptive
134		-	authority shall conform to the requirements of Section 4.3 of
135		-	the Clinical Psychologist Licensing Act.
136		-	(j) As set forth in Section 22.2 of this Act, a licensee
137		-	under this Act may not directly or indirectly divide, share,
138		-	or split any professional fee or other form of compensation
139		-	for professional services with anyone in exchange for a
140		-	referral or otherwise, other than as provided in Section 22.2.
141		-	(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
142		-	100-513, eff. 1-1-18; 100-605, eff. 1-1-19; 100-863, eff.
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	70	+	1 services based upon a written collaborative agreement with
	71	+	2 the collaborating physician, except as set forth in
	72	+	3 subsection (b-5) of this Section. With respect to labor
	73	+	4 and delivery, the collaborating physician must provide
	74	+	5 delivery services in order to participate with a certified
	75	+	6 nurse midwife.
	76	+	7 (3) Methods of communication are available with the
	77	+	8 collaborating physician in person or through
	78	+	9 telecommunications for consultation, collaboration, and
	79	+	10 referral as needed to address patient care needs.
	80	+	11 (b-5) An anesthesiologist or physician licensed to
	81	+	12 practice medicine in all its branches may collaborate with a
	82	+	13 certified registered nurse anesthetist in accordance with
	83	+	14 Section 65-35 of the Nurse Practice Act for the provision of
	84	+	15 anesthesia services. With respect to the provision of
	85	+	16 anesthesia services, the collaborating anesthesiologist or
	86	+	17 physician shall have training and experience in the delivery
	87	+	18 of anesthesia services consistent with Department rules.
	88	+	19 Collaboration shall be adequate if:
	89	+	20 (1) an anesthesiologist or a physician participates in
	90	+	21 the joint formulation and joint approval of orders or
	91	+	22 guidelines and periodically reviews such orders and the
	92	+	23 services provided patients under such orders; and
	93	+	24 (2) for anesthesia services, the anesthesiologist or
	94	+	25 physician participates through discussion of and agreement
	95	+	26 with the anesthesia plan and is physically present and
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145		-	8-14-18.)
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	106	+	1 available on the premises during the delivery of
	107	+	2 anesthesia services for diagnosis, consultation, and
	108	+	3 treatment of emergency medical conditions. Anesthesia
	109	+	4 services in a hospital shall be conducted in accordance
	110	+	5 with Section 10.7 of the Hospital Licensing Act and in an
	111	+	6 ambulatory surgical treatment center in accordance with
	112	+	7 Section 6.5 of the Ambulatory Surgical Treatment Center
	113	+	8 Act.
	114	+	9 (b-10) The anesthesiologist or operating physician must
	115	+	10 agree with the anesthesia plan prior to the delivery of
	116	+	11 services.
	117	+	12 (c) The collaborating physician shall have access to the
	118	+	13 medical records of all patients attended by a physician
	119	+	14 assistant. The collaborating physician shall have access to
	120	+	15 the medical records of all patients attended to by an advanced
	121	+	16 practice registered nurse.
	122	+	17 (d) (Blank).
	123	+	18 (e) A physician shall not be liable for the acts or
	124	+	19 omissions of a prescribing psychologist, physician assistant,
	125	+	20 or advanced practice registered nurse solely on the basis of
	126	+	21 having signed a supervision agreement or guidelines or a
	127	+	22 collaborative agreement, an order, a standing medical order, a
	128	+	23 standing delegation order, or other order or guideline
	129	+	24 authorizing a prescribing psychologist, physician assistant,
	130	+	25 or advanced practice registered nurse to perform acts, unless
	131	+	26 the physician has reason to believe the prescribing
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	142	+	1 psychologist, physician assistant, or advanced practice
	143	+	2 registered nurse lacked the competency to perform the act or
	144	+	3 acts or commits willful and wanton misconduct.
	145	+	4 (f) A collaborating physician may, but is not required to,
	146	+	5 delegate prescriptive authority to an advanced practice
	147	+	6 registered nurse as part of a written collaborative agreement,
	148	+	7 and the delegation of prescriptive authority shall conform to
	149	+	8 the requirements of Section 65-40 of the Nurse Practice Act.
	150	+	9 (g) A collaborating physician may, but is not required to,
	151	+	10 delegate prescriptive authority to a physician assistant as
	152	+	11 part of a written collaborative agreement, and the delegation
	153	+	12 of prescriptive authority shall conform to the requirements of
	154	+	13 Section 7.5 of the Physician Assistant Practice Act of 1987.
	155	+	14 (h) (Blank).
	156	+	15 (i) A collaborating physician shall delegate prescriptive
	157	+	16 authority to a prescribing psychologist as part of a written
	158	+	17 collaborative agreement, and the delegation of prescriptive
	159	+	18 authority shall conform to the requirements of Section 4.3 of
	160	+	19 the Clinical Psychologist Licensing Act.
	161	+	20 (j) As set forth in Section 22.2 of this Act, a licensee
	162	+	21 under this Act may not directly or indirectly divide, share,
	163	+	22 or split any professional fee or other form of compensation
	164	+	23 for professional services with anyone in exchange for a
	165	+	24 referral or otherwise, other than as provided in Section 22.2.
	166	+	25 (Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
	167	+	26 100-513, eff. 1-1-18; 100-605, eff. 1-1-19; 100-863, eff.
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	178	+	1 8-14-18.)
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