104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0239 Introduced 1/22/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: See Index Amends the Ambulatory Surgical Treatment Center Act. Removes a provision which provides that, in ambulatory surgical treatment centers, anesthesia service shall be under the direction of a physician who has had specialized preparation or experience in the area or who has completed a residency in anesthesiology. Specifies that with respect to anesthesia service in an ambulatory surgical treatment center, a certified registered nurse anesthetist shall seek consultation regarding development of an anesthesia plan and treatment of patients as is appropriate to the certified registered nurse anesthetist's level of expertise and scope of practice and as is warranted by the needs of the patient. Removes a requirement that an anesthesiologist participate through discussion of and agreement with the anesthesia plan and remain physically present and be available on the premises. Provides that a certified registered nurse anesthetist with clinical privileges may perform acts of advanced assessment and diagnosis and may provide such functions for which the certified registered nurse anesthetist is educationally and experientially prepared. Makes conforming changes to the Hospital Licensing Act. Amends the Medical Practice Act of 1987. Provides that a written collaborative agreement shall be adequate with respect to collaboration with certified registered nurse anesthetists if all of the following apply: (1) the agreement is written to promote exercise of professional judgment by the certified registered nurse anesthetist commensurate with his or her education and experience; (2) the certified registered nurse anesthetist provides service based on a written collaborative agreement with the collaborating physician; and (3) methods of communication are available with the collaborating physician in person or through telecommunications for consultation, collaboration, and referral as needed to address patient care needs. Amends the Nurse Practice Act. Provides that an Illinois-licensed advanced practice registered nurse certified as a certified registered nurse anesthetist shall be deemed by law to possess the ability to practice without a written collaborative agreement. Sets forth requirements of a certified registered nurse anesthetist. Makes conforming changes in the Illinois Dental Practice Act. Effective immediately. LRB104 07525 BAB 17569 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0239 Introduced 1/22/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: See Index See Index Amends the Ambulatory Surgical Treatment Center Act. Removes a provision which provides that, in ambulatory surgical treatment centers, anesthesia service shall be under the direction of a physician who has had specialized preparation or experience in the area or who has completed a residency in anesthesiology. Specifies that with respect to anesthesia service in an ambulatory surgical treatment center, a certified registered nurse anesthetist shall seek consultation regarding development of an anesthesia plan and treatment of patients as is appropriate to the certified registered nurse anesthetist's level of expertise and scope of practice and as is warranted by the needs of the patient. Removes a requirement that an anesthesiologist participate through discussion of and agreement with the anesthesia plan and remain physically present and be available on the premises. Provides that a certified registered nurse anesthetist with clinical privileges may perform acts of advanced assessment and diagnosis and may provide such functions for which the certified registered nurse anesthetist is educationally and experientially prepared. Makes conforming changes to the Hospital Licensing Act. Amends the Medical Practice Act of 1987. Provides that a written collaborative agreement shall be adequate with respect to collaboration with certified registered nurse anesthetists if all of the following apply: (1) the agreement is written to promote exercise of professional judgment by the certified registered nurse anesthetist commensurate with his or her education and experience; (2) the certified registered nurse anesthetist provides service based on a written collaborative agreement with the collaborating physician; and (3) methods of communication are available with the collaborating physician in person or through telecommunications for consultation, collaboration, and referral as needed to address patient care needs. Amends the Nurse Practice Act. Provides that an Illinois-licensed advanced practice registered nurse certified as a certified registered nurse anesthetist shall be deemed by law to possess the ability to practice without a written collaborative agreement. Sets forth requirements of a certified registered nurse anesthetist. Makes conforming changes in the Illinois Dental Practice Act. Effective immediately. LRB104 07525 BAB 17569 b LRB104 07525 BAB 17569 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0239 Introduced 1/22/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: See Index See Index See Index Amends the Ambulatory Surgical Treatment Center Act. Removes a provision which provides that, in ambulatory surgical treatment centers, anesthesia service shall be under the direction of a physician who has had specialized preparation or experience in the area or who has completed a residency in anesthesiology. Specifies that with respect to anesthesia service in an ambulatory surgical treatment center, a certified registered nurse anesthetist shall seek consultation regarding development of an anesthesia plan and treatment of patients as is appropriate to the certified registered nurse anesthetist's level of expertise and scope of practice and as is warranted by the needs of the patient. Removes a requirement that an anesthesiologist participate through discussion of and agreement with the anesthesia plan and remain physically present and be available on the premises. Provides that a certified registered nurse anesthetist with clinical privileges may perform acts of advanced assessment and diagnosis and may provide such functions for which the certified registered nurse anesthetist is educationally and experientially prepared. Makes conforming changes to the Hospital Licensing Act. Amends the Medical Practice Act of 1987. Provides that a written collaborative agreement shall be adequate with respect to collaboration with certified registered nurse anesthetists if all of the following apply: (1) the agreement is written to promote exercise of professional judgment by the certified registered nurse anesthetist commensurate with his or her education and experience; (2) the certified registered nurse anesthetist provides service based on a written collaborative agreement with the collaborating physician; and (3) methods of communication are available with the collaborating physician in person or through telecommunications for consultation, collaboration, and referral as needed to address patient care needs. Amends the Nurse Practice Act. Provides that an Illinois-licensed advanced practice registered nurse certified as a certified registered nurse anesthetist shall be deemed by law to possess the ability to practice without a written collaborative agreement. Sets forth requirements of a certified registered nurse anesthetist. Makes conforming changes in the Illinois Dental Practice Act. Effective immediately. LRB104 07525 BAB 17569 b LRB104 07525 BAB 17569 b LRB104 07525 BAB 17569 b A BILL FOR SB0239LRB104 07525 BAB 17569 b SB0239 LRB104 07525 BAB 17569 b SB0239 LRB104 07525 BAB 17569 b 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 Ambulatory Surgical Treatment Center Act is 5 amended by changing Section 6.5 as follows: 6 (210 ILCS 5/6.5) 7 Sec. 6.5. Clinical privileges; advanced practice 8 registered nurses. All ambulatory surgical treatment centers 9 (ASTC) licensed under this Act shall comply with the following 10 requirements: 11 (1) No ASTC policy, rule, regulation, or practice 12 shall be inconsistent with the provision of adequate 13 collaboration and consultation in accordance with Section 14 54.5 of the Medical Practice Act of 1987. 15 (2) Operative surgical procedures shall be performed 16 only by a physician licensed to practice medicine in all 17 its branches under the Medical Practice Act of 1987, a 18 dentist licensed under the Illinois Dental Practice Act, 19 or a podiatric physician licensed under the Podiatric 20 Medical Practice Act of 1987, with medical staff 21 membership and surgical clinical privileges granted by the 22 consulting committee of the ASTC. A licensed physician, 23 dentist, or podiatric physician may be assisted by a 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0239 Introduced 1/22/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: See Index See Index See Index Amends the Ambulatory Surgical Treatment Center Act. Removes a provision which provides that, in ambulatory surgical treatment centers, anesthesia service shall be under the direction of a physician who has had specialized preparation or experience in the area or who has completed a residency in anesthesiology. Specifies that with respect to anesthesia service in an ambulatory surgical treatment center, a certified registered nurse anesthetist shall seek consultation regarding development of an anesthesia plan and treatment of patients as is appropriate to the certified registered nurse anesthetist's level of expertise and scope of practice and as is warranted by the needs of the patient. Removes a requirement that an anesthesiologist participate through discussion of and agreement with the anesthesia plan and remain physically present and be available on the premises. Provides that a certified registered nurse anesthetist with clinical privileges may perform acts of advanced assessment and diagnosis and may provide such functions for which the certified registered nurse anesthetist is educationally and experientially prepared. Makes conforming changes to the Hospital Licensing Act. Amends the Medical Practice Act of 1987. Provides that a written collaborative agreement shall be adequate with respect to collaboration with certified registered nurse anesthetists if all of the following apply: (1) the agreement is written to promote exercise of professional judgment by the certified registered nurse anesthetist commensurate with his or her education and experience; (2) the certified registered nurse anesthetist provides service based on a written collaborative agreement with the collaborating physician; and (3) methods of communication are available with the collaborating physician in person or through telecommunications for consultation, collaboration, and referral as needed to address patient care needs. Amends the Nurse Practice Act. Provides that an Illinois-licensed advanced practice registered nurse certified as a certified registered nurse anesthetist shall be deemed by law to possess the ability to practice without a written collaborative agreement. Sets forth requirements of a certified registered nurse anesthetist. Makes conforming changes in the Illinois Dental Practice Act. Effective immediately. LRB104 07525 BAB 17569 b LRB104 07525 BAB 17569 b LRB104 07525 BAB 17569 b A BILL FOR See Index LRB104 07525 BAB 17569 b SB0239 LRB104 07525 BAB 17569 b SB0239- 2 -LRB104 07525 BAB 17569 b SB0239 - 2 - LRB104 07525 BAB 17569 b SB0239 - 2 - LRB104 07525 BAB 17569 b 1 physician licensed to practice medicine in all its 2 branches, dentist, dental assistant, podiatric physician, 3 licensed advanced practice registered nurse, licensed 4 physician assistant, licensed registered nurse, licensed 5 practical nurse, surgical assistant, surgical technician, 6 or other individuals granted clinical privileges to assist 7 in surgery by the consulting committee of the ASTC. 8 Payment for services rendered by an assistant in surgery 9 who is not an ambulatory surgical treatment center 10 employee shall be paid at the appropriate non-physician 11 modifier rate if the payor would have made payment had the 12 same services been provided by a physician. 13 (2.5) A registered nurse licensed under the Nurse 14 Practice Act and qualified by training and experience in 15 operating room nursing shall be present in the operating 16 room and function as the circulating nurse during all 17 invasive or operative procedures. For purposes of this 18 paragraph (2.5), "circulating nurse" means a registered 19 nurse who is responsible for coordinating all nursing 20 care, patient safety needs, and the needs of the surgical 21 team in the operating room during an invasive or operative 22 procedure. 23 (3) An advanced practice registered nurse is not 24 required to possess prescriptive authority or a written 25 collaborative agreement meeting the requirements of the 26 Nurse Practice Act to provide advanced practice registered SB0239 - 2 - LRB104 07525 BAB 17569 b SB0239- 3 -LRB104 07525 BAB 17569 b SB0239 - 3 - LRB104 07525 BAB 17569 b SB0239 - 3 - LRB104 07525 BAB 17569 b 1 nursing services in an ambulatory surgical treatment 2 center. An advanced practice registered nurse must possess 3 clinical privileges granted by the consulting medical 4 staff committee and ambulatory surgical treatment center 5 in order to provide services. Individual advanced practice 6 registered nurses may also be granted clinical privileges 7 to order, select, and administer medications, including 8 controlled substances, to provide delineated care. The 9 attending physician must determine the advanced practice 10 registered nurse's role in providing care for his or her 11 patients, except as otherwise provided in the consulting 12 staff policies. The consulting medical staff committee 13 shall periodically review the services of advanced 14 practice registered nurses granted privileges. 15 (4) (Blank). The anesthesia service shall be under the 16 direction of a physician licensed to practice medicine in 17 all its branches who has had specialized preparation or 18 experience in the area or who has completed a residency in 19 anesthesiology. An anesthesiologist, Board certified or 20 Board eligible, is recommended. Anesthesia services may 21 only be administered pursuant to the order of a physician 22 licensed to practice medicine in all its branches, 23 licensed dentist, or licensed podiatric physician. 24 (A) The individuals who, with clinical privileges 25 granted by the medical staff and ASTC, may administer 26 anesthesia services are limited to the following: SB0239 - 3 - LRB104 07525 BAB 17569 b SB0239- 4 -LRB104 07525 BAB 17569 b SB0239 - 4 - LRB104 07525 BAB 17569 b SB0239 - 4 - LRB104 07525 BAB 17569 b 1 (i) an anesthesiologist; or 2 (ii) a physician licensed to practice medicine 3 in all its branches; or 4 (iii) a dentist with authority to administer 5 anesthesia under Section 8.1 of the Illinois 6 Dental Practice Act; or 7 (iv) a licensed certified registered nurse 8 anesthetist; or 9 (v) a podiatric physician licensed under the 10 Podiatric Medical Practice Act of 1987. 11 (B) For anesthesia services, a certified 12 registered nurse anesthetist shall seek consultation 13 regarding development of an anesthesia plan and 14 treatment of patients as is appropriate to the 15 certified registered nurse anesthetist's level of 16 expertise and scope of practice and as is warranted by 17 the needs of the patient an anesthesiologist shall 18 participate through discussion of and agreement with 19 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 clinical privileges, an 25 alternate policy (requiring participation, presence, 26 and availability of a physician licensed to practice SB0239 - 4 - LRB104 07525 BAB 17569 b SB0239- 5 -LRB104 07525 BAB 17569 b SB0239 - 5 - LRB104 07525 BAB 17569 b SB0239 - 5 - LRB104 07525 BAB 17569 b 1 medicine in all its branches) shall be developed by 2 the medical staff consulting committee in consultation 3 with the anesthesia service and included in the 4 medical staff consulting committee policies. 5 (C) A certified registered nurse anesthetist is 6 not required to possess prescriptive authority or a 7 written collaborative agreement meeting the 8 requirements of Section 65-35 of the Nurse Practice 9 Act to provide anesthesia and related services ordered 10 by a licensed physician, dentist, or podiatric 11 physician. Licensed certified registered nurse 12 anesthetists are authorized to select, order, and 13 administer drugs and apply the appropriate medical 14 devices in the provision of anesthesia and related 15 services under the anesthesia plan agreed with by the 16 anesthesiologist or, in the absence of an available 17 anesthesiologist with clinical privileges, agreed with 18 by the operating physician, operating dentist, or 19 operating podiatric physician in accordance with the 20 medical staff consulting committee policies of a 21 licensed ambulatory surgical treatment center. 22 (D) In accordance with the medical staff 23 consulting committee policies of a licensed ambulatory 24 surgical treatment center, a certified registered 25 nurse anesthetist with clinical privileges may perform 26 acts of advanced assessment and diagnosis and may SB0239 - 5 - LRB104 07525 BAB 17569 b SB0239- 6 -LRB104 07525 BAB 17569 b SB0239 - 6 - LRB104 07525 BAB 17569 b SB0239 - 6 - LRB104 07525 BAB 17569 b 1 provide such functions for which the certified 2 registered nurse anesthetist is educationally and 3 experientially prepared. A certified registered nurse 4 anesthetist shall practice in accordance with the 5 scope and all standards of the appropriate national 6 professional nursing association. 7 (Source: P.A. 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.) 8 Section 10. The Hospital Licensing Act is amended by 9 changing Section 10.7 as follows: 10 (210 ILCS 85/10.7) 11 Sec. 10.7. Clinical privileges; advanced practice 12 registered nurses. All hospitals licensed under this Act 13 shall comply with the following requirements: 14 (1) No hospital policy, rule, regulation, or practice 15 shall be inconsistent with the provision of adequate 16 collaboration and consultation in accordance with Section 17 54.5 of the Medical Practice Act of 1987. 18 (2) Operative surgical procedures shall be performed 19 only by a physician licensed to practice medicine in all 20 its branches under the Medical Practice Act of 1987, a 21 dentist licensed under the Illinois Dental Practice Act, 22 or a podiatric physician licensed under the Podiatric 23 Medical Practice Act of 1987, with medical staff 24 membership and surgical clinical privileges granted at the SB0239 - 6 - LRB104 07525 BAB 17569 b SB0239- 7 -LRB104 07525 BAB 17569 b SB0239 - 7 - LRB104 07525 BAB 17569 b SB0239 - 7 - LRB104 07525 BAB 17569 b 1 hospital. A licensed physician, dentist, or podiatric 2 physician may be assisted by a physician licensed to 3 practice medicine in all its branches, dentist, dental 4 assistant, podiatric physician, licensed advanced practice 5 registered nurse, licensed physician assistant, licensed 6 registered nurse, licensed practical nurse, surgical 7 assistant, surgical technician, or other individuals 8 granted clinical privileges to assist in surgery at the 9 hospital. Payment for services rendered by an assistant in 10 surgery who is not a hospital employee shall be paid at the 11 appropriate non-physician modifier rate if the payor would 12 have made payment had the same services been provided by a 13 physician. 14 (2.5) A registered nurse licensed under the Nurse 15 Practice Act and qualified by training and experience in 16 operating room nursing shall be present in the operating 17 room and function as the circulating nurse during all 18 invasive or operative procedures. For purposes of this 19 paragraph (2.5), "circulating nurse" means a registered 20 nurse who is responsible for coordinating all nursing 21 care, patient safety needs, and the needs of the surgical 22 team in the operating room during an invasive or operative 23 procedure. 24 (3) An advanced practice registered nurse is not 25 required to possess prescriptive authority or a written 26 collaborative agreement meeting the requirements of the SB0239 - 7 - LRB104 07525 BAB 17569 b SB0239- 8 -LRB104 07525 BAB 17569 b SB0239 - 8 - LRB104 07525 BAB 17569 b SB0239 - 8 - LRB104 07525 BAB 17569 b 1 Nurse Practice Act to provide advanced practice registered 2 nursing services in a hospital. An advanced practice 3 registered nurse must possess clinical privileges 4 recommended by the medical staff and granted by the 5 hospital in order to provide services. Individual advanced 6 practice registered nurses may also be granted clinical 7 privileges to order, select, and administer medications, 8 including controlled substances, to provide delineated 9 care. The attending physician must determine the advanced 10 practice registered nurse's role in providing care for his 11 or her patients, except as otherwise provided in medical 12 staff bylaws. The medical staff shall periodically review 13 the services of advanced practice registered nurses 14 granted privileges. This review shall be conducted in 15 accordance with item (2) of subsection (a) of Section 10.8 16 of this Act for advanced practice registered nurses 17 employed by the hospital. 18 (4) (Blank). The anesthesia service shall be under the 19 direction of a physician licensed to practice medicine in 20 all its branches who has had specialized preparation or 21 experience in the area or who has completed a residency in 22 anesthesiology. An anesthesiologist, Board certified or 23 Board eligible, is recommended. Anesthesia services may 24 only be administered pursuant to the order of a physician 25 licensed to practice medicine in all its branches, 26 licensed dentist, or licensed podiatric physician. SB0239 - 8 - LRB104 07525 BAB 17569 b SB0239- 9 -LRB104 07525 BAB 17569 b SB0239 - 9 - LRB104 07525 BAB 17569 b SB0239 - 9 - LRB104 07525 BAB 17569 b 1 (A) The individuals who, with clinical privileges 2 granted at the hospital, may administer anesthesia 3 services are limited to the following: 4 (i) an anesthesiologist; or 5 (ii) a physician licensed to practice medicine 6 in all its branches; or 7 (iii) a dentist with authority to administer 8 anesthesia under Section 8.1 of the Illinois 9 Dental Practice Act; or 10 (iv) a licensed certified registered nurse 11 anesthetist; or 12 (v) a podiatric physician licensed under the 13 Podiatric Medical Practice Act of 1987. 14 (B) For anesthesia services, a certified 15 registered nurse anesthetist shall seek consultation 16 regarding development of an anesthesia plan and 17 treatment of patients as is appropriate to the 18 certified registered nurse anesthetist's level of 19 expertise and scope of practice and as is warranted by 20 the needs of the patient an anesthesiologist shall 21 participate through discussion of and agreement with 22 the anesthesia plan and shall remain physically 23 present and be available on the premises during the 24 delivery of anesthesia services for diagnosis, 25 consultation, and treatment of emergency medical 26 conditions. In the absence of 24-hour availability of SB0239 - 9 - LRB104 07525 BAB 17569 b SB0239- 10 -LRB104 07525 BAB 17569 b SB0239 - 10 - LRB104 07525 BAB 17569 b SB0239 - 10 - LRB104 07525 BAB 17569 b 1 anesthesiologists with medical staff privileges, an 2 alternate policy (requiring participation, presence, 3 and availability of a physician licensed to practice 4 medicine in all its branches) shall be developed by 5 the medical staff and licensed hospital in 6 consultation with the anesthesia service. 7 (C) A certified registered nurse anesthetist is 8 not required to possess prescriptive authority or a 9 written collaborative agreement meeting the 10 requirements of Section 65-35 of the Nurse Practice 11 Act to provide anesthesia and related services ordered 12 by a licensed physician, dentist, or podiatric 13 physician. Licensed certified registered nurse 14 anesthetists are authorized to select, order, and 15 administer drugs and apply the appropriate medical 16 devices in the provision of anesthesia and related 17 services under the anesthesia plan agreed with by the 18 anesthesiologist or, in the absence of an available 19 anesthesiologist with clinical privileges, agreed with 20 by the operating physician, operating dentist, or 21 operating podiatric physician in accordance with the 22 hospital's alternative policy. 23 (D) In accordance with the hospital's policies, a 24 certified registered nurse anesthetist with clinical 25 privileges may perform acts of advanced assessment and 26 diagnosis and may provide such functions for which the SB0239 - 10 - LRB104 07525 BAB 17569 b SB0239- 11 -LRB104 07525 BAB 17569 b SB0239 - 11 - LRB104 07525 BAB 17569 b SB0239 - 11 - LRB104 07525 BAB 17569 b 1 CRNA is educationally and experientially prepared. A 2 certified registered nurse anesthetist shall practice 3 in accordance with the scope and all standards of the 4 appropriate national professional nursing association. 5 (Source: P.A. 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.) 6 Section 15. The Medical Practice Act of 1987 is amended by 7 changing Section 54.5 as follows: 8 (225 ILCS 60/54.5) 9 (Section scheduled to be repealed on January 1, 2027) 10 Sec. 54.5. Physician delegation of authority to physician 11 assistants, advanced practice registered nurses without full 12 practice authority, and prescribing psychologists. 13 (a) Physicians licensed to practice medicine in all its 14 branches may delegate care and treatment responsibilities to a 15 physician assistant under guidelines in accordance with the 16 requirements of the Physician Assistant Practice Act of 1987. 17 A physician licensed to practice medicine in all its branches 18 may enter into collaborative agreements with no more than 7 19 full-time equivalent physician assistants, except in a 20 hospital, hospital affiliate, or ambulatory surgical treatment 21 center as set forth by Section 7.7 of the Physician Assistant 22 Practice Act of 1987 and as provided in subsection (a-5). 23 (a-5) A physician licensed to practice medicine in all its 24 branches may collaborate with more than 7 physician assistants SB0239 - 11 - LRB104 07525 BAB 17569 b SB0239- 12 -LRB104 07525 BAB 17569 b SB0239 - 12 - LRB104 07525 BAB 17569 b SB0239 - 12 - LRB104 07525 BAB 17569 b 1 when the services are provided in a federal primary care 2 health professional shortage area with a Health Professional 3 Shortage Area score greater than or equal to 12, as determined 4 by the United States Department of Health and Human Services. 5 The collaborating physician must keep appropriate 6 documentation of meeting this exemption and make it available 7 to the Department upon request. 8 (b) A physician licensed to practice medicine in all its 9 branches in active clinical practice may collaborate with an 10 advanced practice registered nurse in accordance with the 11 requirements of the Nurse Practice Act. Collaboration is for 12 the purpose of providing medical consultation, and no 13 employment relationship is required. A written collaborative 14 agreement shall conform to the requirements of Section 65-35 15 of the Nurse Practice Act. The written collaborative agreement 16 shall be for services for which the collaborating physician 17 can provide adequate collaboration. A written collaborative 18 agreement shall be adequate with respect to collaboration with 19 advanced practice registered nurses if all of the following 20 apply: 21 (1) The agreement is written to promote the exercise 22 of professional judgment by the advanced practice 23 registered nurse commensurate with his or her education 24 and experience. 25 (2) The advanced practice registered nurse provides 26 services based upon a written collaborative agreement with SB0239 - 12 - LRB104 07525 BAB 17569 b SB0239- 13 -LRB104 07525 BAB 17569 b SB0239 - 13 - LRB104 07525 BAB 17569 b SB0239 - 13 - LRB104 07525 BAB 17569 b 1 the collaborating physician, except as set forth in 2 subsection (b-5) of this Section. With respect to labor 3 and delivery, the collaborating physician must provide 4 delivery services in order to participate with a certified 5 nurse midwife. 6 (3) Methods of communication are available with the 7 collaborating physician in person or through 8 telecommunications for consultation, collaboration, and 9 referral as needed to address patient care needs. 10 (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 65-35 of the Nurse Practice Act for the provision of 14 anesthesia and related services. A written collaborative 15 agreement shall be adequate with respect to collaboration with 16 certified registered nurse anesthetists if all of the 17 following apply: 18 (1) The agreement is written to promote exercise of 19 professional judgment by the certified registered nurse 20 anesthetist commensurate with his or her education and 21 experience. 22 (2) The certified registered nurse anesthetist 23 provides service based on a written collaborative 24 agreement with the collaborating physician. 25 (3) Methods of communication are available with the 26 collaborating physician in person or through SB0239 - 13 - LRB104 07525 BAB 17569 b SB0239- 14 -LRB104 07525 BAB 17569 b SB0239 - 14 - LRB104 07525 BAB 17569 b SB0239 - 14 - LRB104 07525 BAB 17569 b 1 telecommunications for consultation, collaboration, and 2 referral as needed to address patient care needs. With 3 respect to the provision of anesthesia services, the 4 collaborating anesthesiologist or physician shall have 5 training and experience in the delivery of anesthesia 6 services consistent with Department rules. Collaboration 7 shall be adequate if: 8 (1) an anesthesiologist or a physician participates in 9 the joint formulation and joint approval of orders or 10 guidelines and periodically reviews such orders and the 11 services provided patients under such orders; and 12 (2) for anesthesia services, the anesthesiologist or 13 physician participates through discussion of and agreement 14 with the anesthesia plan and is physically present and 15 available on the premises during the delivery of 16 anesthesia services for diagnosis, consultation, and 17 treatment of emergency medical conditions. Collaboration 18 with respect to an anesthesia and related Anesthesia 19 services in a hospital shall be conducted in accordance 20 with Section 10.7 of the Hospital Licensing Act and in an 21 ambulatory surgical treatment center in accordance with 22 Section 6.5 of the Ambulatory Surgical Treatment Center 23 Act. 24 (b-10) For anesthesia services, a certified registered 25 nurse anesthetist shall consult with the collaborating 26 physician or other appropriate health care professionals SB0239 - 14 - LRB104 07525 BAB 17569 b SB0239- 15 -LRB104 07525 BAB 17569 b SB0239 - 15 - LRB104 07525 BAB 17569 b SB0239 - 15 - LRB104 07525 BAB 17569 b 1 regarding development of an anesthesia plan and treatment of a 2 patient as is appropriate to the certified registered nurse 3 anesthetist's level of expertise and scope of practice and as 4 is warranted by the needs of the patient The anesthesiologist 5 or operating physician must agree with the anesthesia plan 6 prior to the delivery of services. 7 (c) The collaborating physician shall have access to the 8 medical records of all patients attended by a physician 9 assistant. The collaborating physician shall have access to 10 the medical records of all patients attended to by an advanced 11 practice registered nurse. 12 (d) (Blank). 13 (e) A physician shall not be liable for the acts or 14 omissions of a prescribing psychologist, physician assistant, 15 or advanced practice registered nurse solely on the basis of 16 having signed a supervision agreement or guidelines or a 17 collaborative agreement, an order, a standing medical order, a 18 standing delegation order, or other order or guideline 19 authorizing a prescribing psychologist, physician assistant, 20 or advanced practice registered nurse to perform acts, unless 21 the physician has reason to believe the prescribing 22 psychologist, physician assistant, or advanced practice 23 registered nurse lacked the competency to perform the act or 24 acts or commits willful and wanton misconduct. 25 (f) A collaborating physician may, but is not required to, 26 delegate prescriptive authority to an advanced practice SB0239 - 15 - LRB104 07525 BAB 17569 b SB0239- 16 -LRB104 07525 BAB 17569 b SB0239 - 16 - LRB104 07525 BAB 17569 b SB0239 - 16 - LRB104 07525 BAB 17569 b 1 registered nurse as part of a written collaborative agreement, 2 and the delegation of prescriptive authority shall conform to 3 the requirements of Section 65-40 of the Nurse Practice Act. 4 (g) A collaborating physician may, but is not required to, 5 delegate prescriptive authority to a physician assistant as 6 part of a written collaborative agreement, and the delegation 7 of prescriptive authority shall conform to the requirements of 8 Section 7.5 of the Physician Assistant Practice Act of 1987. 9 (h) (Blank). 10 (i) A collaborating physician shall delegate prescriptive 11 authority to a prescribing psychologist as part of a written 12 collaborative agreement, and the delegation of prescriptive 13 authority shall conform to the requirements of Section 4.3 of 14 the Clinical Psychologist Licensing Act. 15 (j) As set forth in Section 22.2 of this Act, a licensee 16 under this Act may not directly or indirectly divide, share, 17 or split any professional fee or other form of compensation 18 for professional services with anyone in exchange for a 19 referral or otherwise, other than as provided in Section 22.2. 20 (Source: P.A. 103-228, eff. 1-1-24.) 21 Section 20. The Nurse Practice Act is amended by changing 22 Sections 65-35 and 65-45 and by adding Section 65-70 as 23 follows: 24 (225 ILCS 65/65-35) (was 225 ILCS 65/15-15) SB0239 - 16 - LRB104 07525 BAB 17569 b SB0239- 17 -LRB104 07525 BAB 17569 b SB0239 - 17 - LRB104 07525 BAB 17569 b SB0239 - 17 - LRB104 07525 BAB 17569 b 1 (Section scheduled to be repealed on January 1, 2028) 2 Sec. 65-35. Written collaborative agreements. 3 (a) A written collaborative agreement is required for all 4 advanced practice registered nurses engaged in clinical 5 practice prior to meeting the requirements of Section 65-43, 6 except for advanced practice registered nurses who are 7 privileged to practice in a hospital, hospital affiliate, or 8 ambulatory surgical treatment center. 9 (a-5) If an advanced practice registered nurse engages in 10 clinical practice outside of a hospital, hospital affiliate, 11 or ambulatory surgical treatment center in which he or she is 12 privileged to practice, the advanced practice registered nurse 13 must have a written collaborative agreement, except as set 14 forth in Section 65-43 and 65-70. 15 (b) A written collaborative agreement shall describe the 16 relationship of the advanced practice registered nurse with 17 the collaborating physician and shall describe the categories 18 of care, treatment, or procedures to be provided by the 19 advanced practice registered nurse. A collaborative agreement 20 with a podiatric physician must be in accordance with 21 subsection (c-5) or (c-15) of this Section. A collaborative 22 agreement with a dentist must be in accordance with subsection 23 (c-10) of this Section. A collaborative agreement with a 24 podiatric physician must be in accordance with subsection 25 (c-5) of this Section. Collaboration does not require an 26 employment relationship between the collaborating physician SB0239 - 17 - LRB104 07525 BAB 17569 b SB0239- 18 -LRB104 07525 BAB 17569 b SB0239 - 18 - LRB104 07525 BAB 17569 b SB0239 - 18 - LRB104 07525 BAB 17569 b 1 and the advanced practice registered nurse. 2 The collaborative relationship under an agreement shall 3 not be construed to require the personal presence of a 4 collaborating physician at the place where services are 5 rendered. Methods of communication shall be available for 6 consultation with the collaborating physician in person or by 7 telecommunications or electronic communications as set forth 8 in the written agreement. 9 (b-5) Absent an employment relationship, a written 10 collaborative agreement may not (1) restrict the categories of 11 patients of an advanced practice registered nurse within the 12 scope of the advanced practice registered nurses training and 13 experience, (2) limit third party payors or government health 14 programs, such as the medical assistance program or Medicare 15 with which the advanced practice registered nurse contracts, 16 or (3) limit the geographic area or practice location of the 17 advanced practice registered nurse in this State. 18 (c) In the case of anesthesia services provided by a 19 certified registered nurse anesthetist, a certified registered 20 nurse anesthetist shall seek consultation regarding 21 development of an anesthesia plan and treatment of patients as 22 is appropriate to the certified registered nurse anesthetist's 23 level of expertise and scope of practice and as is warranted by 24 the needs of the patient an anesthesiologist, a physician, a 25 dentist, or a podiatric physician must participate through 26 discussion of and agreement with the anesthesia plan and SB0239 - 18 - LRB104 07525 BAB 17569 b SB0239- 19 -LRB104 07525 BAB 17569 b SB0239 - 19 - LRB104 07525 BAB 17569 b SB0239 - 19 - LRB104 07525 BAB 17569 b 1 remain physically present and available on the premises during 2 the delivery of anesthesia services for diagnosis, 3 consultation, and treatment of emergency medical conditions. 4 (c-5) A certified registered nurse anesthetist, who 5 provides anesthesia and related services outside of a hospital 6 or ambulatory surgical treatment center shall enter into a 7 written collaborative agreement with an anesthesiologist or 8 the physician licensed to practice medicine in all its 9 branches or the podiatric physician performing the procedure. 10 The collaborative agreement may, but is not required to, 11 include the following terms: (i) that the certified registered 12 nurse anesthetist providing anesthesia services and the 13 anesthesiologist, physician, or podiatric physician 14 participate through discussion of and reach agreement on the 15 anesthesia plan or (ii) that anesthesia services shall only be 16 delivered when the anesthesiologist, physician, or podiatric 17 physician is present and available on the premises for 18 diagnosis, consultation, and treatment of emergency medical 19 conditions. Outside of a hospital or ambulatory surgical 20 treatment center, the certified registered nurse anesthetist 21 may provide only those services that the collaborating 22 podiatric physician is authorized to provide pursuant to the 23 Podiatric Medical Practice Act of 1987 and rules adopted 24 thereunder. A certified registered nurse anesthetist may 25 select, order, and administer medication, including controlled 26 substances, and apply appropriate medical devices for delivery SB0239 - 19 - LRB104 07525 BAB 17569 b SB0239- 20 -LRB104 07525 BAB 17569 b SB0239 - 20 - LRB104 07525 BAB 17569 b SB0239 - 20 - LRB104 07525 BAB 17569 b 1 of anesthesia and related services under the anesthesia plan 2 agreed with by the anesthesiologist or the operating physician 3 or operating podiatric physician. 4 (c-10) A certified registered nurse anesthetist who 5 provides anesthesia services in a dental office shall enter 6 into a written collaborative agreement with an 7 anesthesiologist or the physician licensed to practice 8 medicine in all its branches or the operating dentist 9 performing the procedure. The agreement shall describe the 10 working relationship of the certified registered nurse 11 anesthetist and dentist and shall authorize the categories of 12 care, treatment, or procedures to be performed by the 13 certified registered nurse anesthetist. The collaborative 14 agreement may, but is not required to, include the following 15 terms: (i) that the certified registered nurse anesthetist 16 providing anesthesia services and the anesthesiologist, 17 physician, or podiatric physician participate through 18 discussion of and reach agreement on the anesthesia plan or 19 (ii) that anesthesia services shall only be delivered when the 20 anesthesiologist, physician, or podiatric physician is present 21 and available on the premises for diagnosis, consultation, and 22 treatment of emergency medical conditions. In a collaborating 23 dentist's office, the certified registered nurse anesthetist 24 may only provide those services that the operating dentist 25 with the appropriate permit is authorized to provide pursuant 26 to the Illinois Dental Practice Act and rules adopted SB0239 - 20 - LRB104 07525 BAB 17569 b SB0239- 21 -LRB104 07525 BAB 17569 b SB0239 - 21 - LRB104 07525 BAB 17569 b SB0239 - 21 - LRB104 07525 BAB 17569 b 1 thereunder. For anesthesia services, a certified registered 2 nurse anesthetist shall seek consultation regarding 3 development of an anesthesia plan and treatment of patients as 4 is appropriate to the certified registered nurse anesthetist's 5 level of expertise and scope of practice and as is warranted by 6 the needs of the patient an anesthesiologist, physician, or 7 operating dentist shall participate through discussion of and 8 agreement with the anesthesia plan and shall remain physically 9 present and be available on the premises during the delivery 10 of anesthesia services for diagnosis, consultation, and 11 treatment of emergency medical conditions. A certified 12 registered nurse anesthetist may select, order, and administer 13 medication, including controlled substances, and apply 14 appropriate medical devices for delivery of anesthesia and 15 related services under the anesthesia plan agreed with by the 16 operating dentist. 17 (c-15) An advanced practice registered nurse who had a 18 written collaborative agreement with a podiatric physician 19 immediately before the effective date of Public Act 100-513 20 may continue in that collaborative relationship or enter into 21 a new written collaborative relationship with a podiatric 22 physician under the requirements of this Section and Section 23 65-40, as those Sections existed immediately before the 24 amendment of those Sections by Public Act 100-513 with regard 25 to a written collaborative agreement between an advanced 26 practice registered nurse and a podiatric physician. SB0239 - 21 - LRB104 07525 BAB 17569 b SB0239- 22 -LRB104 07525 BAB 17569 b SB0239 - 22 - LRB104 07525 BAB 17569 b SB0239 - 22 - LRB104 07525 BAB 17569 b 1 (d) A copy of the signed, written collaborative agreement 2 must be available to the Department upon request from both the 3 advanced practice registered nurse and the collaborating 4 physician, dentist, or podiatric physician. 5 (e) Nothing in this Act shall be construed to limit the 6 delegation of tasks or duties by a physician to a licensed 7 practical nurse, a registered professional nurse, or other 8 persons in accordance with Section 54.2 of the Medical 9 Practice Act of 1987. Nothing in this Act shall be construed to 10 limit the method of delegation that may be authorized by any 11 means, including, but not limited to, oral, written, 12 electronic, standing orders, protocols, guidelines, or verbal 13 orders. 14 (e-5) Nothing in this Act shall be construed to authorize 15 an advanced practice registered nurse to provide health care 16 services required by law or rule to be performed by a 17 physician. The scope of practice of an advanced practice 18 registered nurse does not include operative surgery. Nothing 19 in this Section shall be construed to preclude an advanced 20 practice registered nurse from assisting in surgery. 21 (f) An advanced practice registered nurse shall inform 22 each collaborating physician, dentist, or podiatric physician 23 of all collaborative agreements he or she has signed and 24 provide a copy of these to any collaborating physician, 25 dentist, or podiatric physician upon request. 26 (g) (Blank). SB0239 - 22 - LRB104 07525 BAB 17569 b SB0239- 23 -LRB104 07525 BAB 17569 b SB0239 - 23 - LRB104 07525 BAB 17569 b SB0239 - 23 - LRB104 07525 BAB 17569 b 1 (Source: P.A. 100-513, eff. 1-1-18; 100-577, eff. 1-26-18; 2 100-1096, eff. 8-26-18; 101-13, eff. 6-12-19.) 3 (225 ILCS 65/65-45) (was 225 ILCS 65/15-25) 4 (Section scheduled to be repealed on January 1, 2028) 5 Sec. 65-45. Advanced practice registered nursing in 6 hospitals, hospital affiliates, or ambulatory surgical 7 treatment centers. 8 (a) An advanced practice registered nurse may provide 9 services in a hospital or a hospital affiliate as those terms 10 are defined in the Hospital Licensing Act or the University of 11 Illinois Hospital Act or a licensed ambulatory surgical 12 treatment center without a written collaborative agreement 13 pursuant to Section 65-35 of this Act. An advanced practice 14 registered nurse must possess clinical privileges recommended 15 by the hospital medical staff and granted by the hospital or 16 the consulting medical staff committee and ambulatory surgical 17 treatment center in order to provide services. The medical 18 staff or consulting medical staff committee shall periodically 19 review the services of all advanced practice registered nurses 20 granted clinical privileges, including any care provided in a 21 hospital affiliate. Authority may also be granted when 22 recommended by the hospital medical staff and granted by the 23 hospital or recommended by the consulting medical staff 24 committee and ambulatory surgical treatment center to 25 individual advanced practice registered nurses to select, SB0239 - 23 - LRB104 07525 BAB 17569 b SB0239- 24 -LRB104 07525 BAB 17569 b SB0239 - 24 - LRB104 07525 BAB 17569 b SB0239 - 24 - LRB104 07525 BAB 17569 b 1 order, and administer medications, including controlled 2 substances, to provide delineated care. In a hospital, 3 hospital affiliate, or ambulatory surgical treatment center, 4 the attending physician shall determine an advanced practice 5 registered nurse's role in providing care for his or her 6 patients, except as otherwise provided in the medical staff 7 bylaws or consulting committee policies. 8 (a-2) An advanced practice registered nurse privileged to 9 order medications, including controlled substances, may 10 complete discharge prescriptions provided the prescription is 11 in the name of the advanced practice registered nurse and the 12 attending or discharging physician. 13 (a-3) Advanced practice registered nurses practicing in a 14 hospital or an ambulatory surgical treatment center are not 15 required to obtain a mid-level controlled substance license to 16 order controlled substances under Section 303.05 of the 17 Illinois Controlled Substances Act. 18 (a-4) An advanced practice registered nurse meeting the 19 requirements of Section 65-43 or 65-70 may be privileged to 20 complete discharge orders and prescriptions under the advanced 21 practice registered nurse's name. 22 (a-5) For anesthesia services provided by a certified 23 registered nurse anesthetist, certified registered nurse 24 anesthetist shall seek consultation regarding development of 25 an anesthesia plan and treatment of patients as is appropriate 26 to the certified registered nurse anesthetist's level of SB0239 - 24 - LRB104 07525 BAB 17569 b SB0239- 25 -LRB104 07525 BAB 17569 b SB0239 - 25 - LRB104 07525 BAB 17569 b SB0239 - 25 - LRB104 07525 BAB 17569 b 1 expertise and scope of practice and as is warranted by the 2 needs of the patient an anesthesiologist, physician, dentist, 3 or podiatric physician shall participate through discussion of 4 and agreement with the anesthesia plan and shall remain 5 physically present and be available on the premises during the 6 delivery of anesthesia services for diagnosis, consultation, 7 and treatment of emergency medical conditions, unless hospital 8 policy adopted pursuant to clause (B) of subdivision (3) of 9 Section 10.7 of the Hospital Licensing Act or ambulatory 10 surgical treatment center policy adopted pursuant to clause 11 (B) of subdivision (3) of Section 6.5 of the Ambulatory 12 Surgical Treatment Center Act provides otherwise. A certified 13 registered nurse anesthetist may select, order, and administer 14 medication for anesthesia and related services under the 15 anesthesia plan agreed to by the anesthesiologist or the 16 physician, in accordance with hospital alternative policy or 17 the medical staff consulting committee policies of a licensed 18 ambulatory surgical treatment center. 19 (b) An advanced practice registered nurse who provides 20 services in a hospital shall do so in accordance with Section 21 10.7 of the Hospital Licensing Act and, in an ambulatory 22 surgical treatment center, in accordance with Section 6.5 of 23 the Ambulatory Surgical Treatment Center Act. Nothing in this 24 Act shall be construed to require an advanced practice 25 registered nurse to have a collaborative agreement to practice 26 in a hospital, hospital affiliate, or ambulatory surgical SB0239 - 25 - LRB104 07525 BAB 17569 b SB0239- 26 -LRB104 07525 BAB 17569 b SB0239 - 26 - LRB104 07525 BAB 17569 b SB0239 - 26 - LRB104 07525 BAB 17569 b 1 treatment center. 2 (c) Advanced practice registered nurses certified as nurse 3 practitioners, nurse midwives, or clinical nurse specialists 4 practicing in a hospital affiliate may be, but are not 5 required to be, privileged to prescribe Schedule II through V 6 controlled substances when such authority is recommended by 7 the appropriate physician committee of the hospital affiliate 8 and granted by the hospital affiliate. This authority may, but 9 is not required to, include prescription of, selection of, 10 orders for, administration of, storage of, acceptance of 11 samples of, and dispensing over-the-counter medications, 12 legend drugs, medical gases, and controlled substances 13 categorized as Schedule II through V controlled substances, as 14 defined in Article II of the Illinois Controlled Substances 15 Act, and other preparations, including, but not limited to, 16 botanical and herbal remedies. 17 To prescribe controlled substances under this subsection 18 (c), an advanced practice registered nurse certified as a 19 nurse practitioner, nurse midwife, or clinical nurse 20 specialist must obtain a controlled substance license. 21 Medication orders shall be reviewed periodically by the 22 appropriate hospital affiliate physicians committee or its 23 physician designee. 24 The hospital affiliate shall file with the Department 25 notice of a grant of prescriptive authority consistent with 26 this subsection (c) and termination of such a grant of SB0239 - 26 - LRB104 07525 BAB 17569 b SB0239- 27 -LRB104 07525 BAB 17569 b SB0239 - 27 - LRB104 07525 BAB 17569 b SB0239 - 27 - LRB104 07525 BAB 17569 b 1 authority, in accordance with rules of the Department. Upon 2 receipt of this notice of grant of authority to prescribe any 3 Schedule II through V controlled substances, the licensed 4 advanced practice registered nurse certified as a nurse 5 practitioner, nurse midwife, or clinical nurse specialist may 6 register for a mid-level practitioner controlled substance 7 license under Section 303.05 of the Illinois Controlled 8 Substances Act. 9 In addition, a hospital affiliate may, but is not required 10 to, privilege an advanced practice registered nurse certified 11 as a nurse practitioner, nurse midwife, or clinical nurse 12 specialist to prescribe any Schedule II controlled substances, 13 if all of the following conditions apply: 14 (1) specific Schedule II controlled substances by oral 15 dosage or topical or transdermal application may be 16 designated, provided that the designated Schedule II 17 controlled substances are routinely prescribed by advanced 18 practice registered nurses in their area of certification; 19 the privileging documents must identify the specific 20 Schedule II controlled substances by either brand name or 21 generic name; privileges to prescribe or dispense Schedule 22 II controlled substances to be delivered by injection or 23 other route of administration may not be granted; 24 (2) any privileges must be controlled substances 25 limited to the practice of the advanced practice 26 registered nurse; SB0239 - 27 - LRB104 07525 BAB 17569 b SB0239- 28 -LRB104 07525 BAB 17569 b SB0239 - 28 - LRB104 07525 BAB 17569 b SB0239 - 28 - LRB104 07525 BAB 17569 b 1 (3) any prescription must be limited to no more than a 2 30-day supply; 3 (4) the advanced practice registered nurse must 4 discuss the condition of any patients for whom a 5 controlled substance is prescribed monthly with the 6 appropriate physician committee of the hospital affiliate 7 or its physician designee; and 8 (5) the advanced practice registered nurse must meet 9 the education requirements of Section 303.05 of the 10 Illinois Controlled Substances Act. 11 (d) An advanced practice registered nurse meeting the 12 requirements of Section 65-43 may be privileged to prescribe 13 controlled substances categorized as Schedule II through V in 14 accordance with Section 65-43. 15 (Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.) 16 (225 ILCS 65/65-70 new) 17 Sec. 65-70. Conditions under which a written collaborative 18 agreement not required. 19 (a) An Illinois-licensed advanced practice registered 20 nurse certified as a certified registered nurse anesthetist 21 shall be deemed by law to possess the ability to practice 22 without a written collaborative agreement as set forth in this 23 Act. 24 (b) An advanced practice registered nurse certified as a 25 certified registered nurse anesthetist who (i) has attained SB0239 - 28 - LRB104 07525 BAB 17569 b SB0239- 29 -LRB104 07525 BAB 17569 b SB0239 - 29 - LRB104 07525 BAB 17569 b SB0239 - 29 - LRB104 07525 BAB 17569 b 1 national certification and completed a professional practice 2 doctorate or (ii) files with the Department a notarized 3 attestation of completion of at least 250 hours of continuing 4 education or training and at least 4,000 hours of clinical 5 experience after first attaining national certification, shall 6 not require a written collaborative agreement. Documentation 7 of successful completion shall be provided to the Department 8 upon request. Continuing education or training hours required 9 by this subsection shall be in the certified registered nurse 10 anesthetist's area of certification as set forth by Department 11 rule. 12 The clinical experience must be in the certified 13 registered nurse anesthetist's area of certification. The 14 clinical experience shall be in collaboration with a physician 15 or physicians or a certified registered nurse anesthetist with 16 full practice authority. Completion of the clinical experience 17 must be attested to by the collaborating physician or 18 physicians or employer, collaborating certified registered 19 nurse anesthetist and the certified registered nurse 20 anesthetist. If the collaborating physician or physicians 21 collaborating certified nurse anesthetist, or employer is 22 unable to attest to the completion of the clinical experience, 23 the Department may accept other evidence of clinical 24 experience as established by rule. 25 (c) The scope of practice of a certified registered nurse 26 anesthetist with full practice authority includes: SB0239 - 29 - LRB104 07525 BAB 17569 b SB0239- 30 -LRB104 07525 BAB 17569 b SB0239 - 30 - LRB104 07525 BAB 17569 b SB0239 - 30 - LRB104 07525 BAB 17569 b 1 (1) all matters included in subsection (c) of Section 2 65-30 of this Act; 3 (2) practicing without a written collaborative 4 agreement in all practice settings consistent with 5 national certification; 6 (3) authority to prescribe both legend drugs and 7 Schedule II through V controlled substances; this 8 authority includes prescription of, selection of, orders 9 for, administration of, storage of, acceptance of samples 10 of, and dispensing over the counter medications, legend 11 drugs, and controlled substances categorized as any 12 Schedule II through V controlled substances, as defined in 13 Article II of the Illinois Controlled Substances Act, and 14 other preparations, including, but not limited to, 15 botanical and herbal remedies; 16 (4) prescribing benzodiazepines or Schedule II 17 narcotic drugs, such as opioids; and 18 (5) authority to obtain an Illinois controlled 19 substance license and a federal Drug Enforcement 20 Administration number. 21 (d) The Department may adopt rules necessary to administer 22 this Section, including, but not limited to, requiring the 23 completion of forms and the payment of fees. 24 (e) Nothing in this Act shall be construed to authorize a 25 certified registered nurse anesthetist with full practice 26 authority to provide health care services required by law or SB0239 - 30 - LRB104 07525 BAB 17569 b SB0239- 31 -LRB104 07525 BAB 17569 b SB0239 - 31 - LRB104 07525 BAB 17569 b SB0239 - 31 - LRB104 07525 BAB 17569 b 1 rule to be performed by a physician. 2 Section 25. The Illinois Dental Practice Act is amended by 3 changing Section 8.1 as follows: 4 (225 ILCS 25/8.1) (from Ch. 111, par. 2308.1) 5 (Section scheduled to be repealed on January 1, 2026) 6 Sec. 8.1. Permit for the administration of anesthesia and 7 sedation. 8 (a) No licensed dentist shall administer general 9 anesthesia, deep sedation, or moderate sedation without first 10 applying for and obtaining a permit for such purpose from the 11 Department. The Department shall issue such permit only after 12 ascertaining that the applicant possesses the minimum 13 qualifications necessary to protect public safety. A person 14 with a dental degree who administers anesthesia, deep 15 sedation, or moderate sedation in an approved hospital 16 training program under the supervision of either a licensed 17 dentist holding such permit or a physician licensed to 18 practice medicine in all its branches shall not be required to 19 obtain such permit. 20 (b) The minimum requirements for a permit to administer 21 moderate sedation issued after the effective date of this 22 amendatory Act of the 103rd General Assembly shall include the 23 completion of a minimum of 75 hours of didactic and supervised 24 clinical study in either: SB0239 - 31 - LRB104 07525 BAB 17569 b SB0239- 32 -LRB104 07525 BAB 17569 b SB0239 - 32 - LRB104 07525 BAB 17569 b SB0239 - 32 - LRB104 07525 BAB 17569 b 1 (1) an American Dental Association Commission on 2 Dental Accreditation accredited dental specialty program, 3 general practice residency, or advanced education in 4 general dentistry residency that includes training and 5 documentation in moderate sedation techniques appropriate 6 for each specialty or an American Dental Association 7 Commission on Dental Accreditation accredited dental 8 anesthesiology residency program and proof of completion 9 of 20 individually managed patients utilizing appropriate 10 routes of administration, in which the applicant is the 11 sole provider, which can include, but are not limited to, 12 intravenous, oral, intranasal, or intramuscular or 13 combinations thereof; or 14 (2) a structured course of study provided by an 15 approved continuing education provider that includes 16 training and documentation in moderate sedation, physical 17 evaluation, venipuncture, advanced airway management, 18 technical administration, recognition and management of 19 complications and emergencies and monitoring with 20 additional supervised experience and documentation 21 demonstrating competence in providing moderate sedation 22 utilizing enteral and parenteral routes of administration 23 of medications to competency to 20 individual patient 24 experiences on a 1 to 1 ratio with an instructor, in which 25 the applicant is the sole provider of sedation over a 26 continuous time frame as set by the Department and as SB0239 - 32 - LRB104 07525 BAB 17569 b SB0239- 33 -LRB104 07525 BAB 17569 b SB0239 - 33 - LRB104 07525 BAB 17569 b SB0239 - 33 - LRB104 07525 BAB 17569 b 1 provided in the American Dental Association's Guidelines 2 for Teaching Pain Control and Sedation to Dentists and 3 Dental Students. 4 (b-5) The minimum requirements for a permit to administer 5 deep sedation and general anesthesia issued after the 6 effective date of this amendatory Act of the 103rd General 7 Assembly shall include: 8 (1) the completion of a minimum of 2 years of advanced 9 training in anesthesiology beyond the pre-doctoral level 10 in a training program approved by the American Dental 11 Association's Council on Dental Education and Licensure, 12 as outlined in Guidelines for Teaching Pain Control and 13 Sedation to Dentists and Dental Students, as published by 14 the American Dental Association's Council on Dental 15 Education and Licensure; 16 (2) a specialty license in oral and maxillofacial 17 surgery; 18 (3) completion of an accredited oral or maxillofacial 19 surgery residency program; or 20 (4) the completion of an American Dental Association 21 Commission on Dental Accreditation accredited dental 22 anesthesiology residency program. 23 (b-10) The Department may establish, by rule, additional 24 training programs and training requirements consistent with 25 this Section to ensure patient safety in dental offices 26 administering anesthesia, which shall include, but not be SB0239 - 33 - LRB104 07525 BAB 17569 b SB0239- 34 -LRB104 07525 BAB 17569 b SB0239 - 34 - LRB104 07525 BAB 17569 b SB0239 - 34 - LRB104 07525 BAB 17569 b 1 limited to the following: 2 (1) (blank); 3 (2) establish the standards for properly equipped 4 dental facilities (other than licensed hospitals and 5 ambulatory surgical treatment centers) in which general 6 anesthesia, deep sedation, or moderate sedation is 7 administered, as necessary to protect public safety; 8 (3) establish minimum requirements for all persons who 9 assist the dentist in the administration of general 10 anesthesia, deep sedation, or moderate sedation, including 11 minimum training requirements for each member of the 12 dental team, monitoring requirements, recordkeeping 13 requirements, and emergency procedures; 14 (4) ensure that the dentist has completed and 15 maintains current certification in advanced cardiac life 16 support or pediatric advanced life support and all persons 17 assisting the dentist or monitoring the administration of 18 general anesthesia, deep sedation, or moderate sedation 19 maintain current certification in Basic Life Support 20 (BLS); and 21 (5) establish continuing education requirements in 22 sedation techniques and airway management for dentists who 23 possess a permit under this Section. 24 The Department shall adopt rules that ensure that a 25 continuing education course designed to meet the permit 26 requirements for moderate sedation training is reviewed and SB0239 - 34 - LRB104 07525 BAB 17569 b SB0239- 35 -LRB104 07525 BAB 17569 b SB0239 - 35 - LRB104 07525 BAB 17569 b SB0239 - 35 - LRB104 07525 BAB 17569 b 1 certified by the Department if the course is not accredited by 2 the American Dental Association Commission on Dental 3 Accreditation. 4 When establishing requirements under this Section, the 5 Department shall consider the current American Dental 6 Association guidelines on sedation and general anesthesia, the 7 current "Guidelines for Monitoring and Management of Pediatric 8 Patients During and After Sedation for Diagnostic and 9 Therapeutic Procedures" established by the American Academy of 10 Pediatrics and the American Academy of Pediatric Dentistry, 11 and the current parameters of care and Office Anesthesia 12 Evaluation (OAE) Manual established by the American 13 Association of Oral and Maxillofacial Surgeons. 14 (c) A licensed dentist must hold an appropriate permit 15 issued under this Section in order to perform dentistry while 16 a nurse anesthetist administers moderate sedation, and a valid 17 written collaborative agreement must exist between the dentist 18 and the nurse anesthetist, in accordance with the Nurse 19 Practice Act, unless the nurse anesthetist has full practice 20 authority under the requirements of Section 65-70. 21 A licensed dentist must hold an appropriate permit issued 22 under this Section in order to perform dentistry while a nurse 23 anesthetist administers deep sedation or general anesthesia, 24 and a valid written collaborative agreement must exist between 25 the dentist and the nurse anesthetist, in accordance with the 26 Nurse Practice Act, unless the nurse anesthetist has full SB0239 - 35 - LRB104 07525 BAB 17569 b SB0239- 36 -LRB104 07525 BAB 17569 b SB0239 - 36 - LRB104 07525 BAB 17569 b SB0239 - 36 - LRB104 07525 BAB 17569 b 1 practice authority under the requirements of Section 65-70. 2 For the purposes of this subsection (c), "nurse 3 anesthetist" means a licensed certified registered nurse 4 anesthetist who holds a license as an advanced practice 5 registered nurse. 6 (Source: P.A. 103-628, eff. 7-1-24.) 7 Section 30. The Podiatric Medical Practice Act of 1987 is 8 amended by changing Section 20.5 as follows: 9 (225 ILCS 100/20.5) 10 (Section scheduled to be repealed on January 1, 2028) 11 Sec. 20.5. Delegation of authority to advanced practice 12 registered nurses. 13 (a) A podiatric physician in active clinical practice may 14 collaborate with an advanced practice registered nurse in 15 accordance with the requirements of the Nurse Practice Act. 16 Collaboration shall be for the purpose of providing podiatric 17 care and no employment relationship shall be required. A 18 written collaborative agreement shall conform to the 19 requirements of Section 65-35 of the Nurse Practice Act. A 20 written collaborative agreement and podiatric physician 21 collaboration and consultation shall be adequate with respect 22 to advanced practice registered nurses if all of the following 23 apply: 24 (1) With respect to the provision of anesthesia SB0239 - 36 - LRB104 07525 BAB 17569 b SB0239- 37 -LRB104 07525 BAB 17569 b SB0239 - 37 - LRB104 07525 BAB 17569 b SB0239 - 37 - LRB104 07525 BAB 17569 b 1 services by a certified registered nurse anesthetist, the 2 collaborating podiatric physician must have training and 3 experience in the delivery of anesthesia consistent with 4 Department rules unless the certified registered nurse 5 anesthetist has full practice authority under the 6 requirements of Section 65-70. 7 (2) Methods of communication are available with the 8 collaborating podiatric physician in person or through 9 telecommunications or electronic communications for 10 consultation, collaboration, and referral as needed to 11 address patient care needs. 12 (3) With respect to the provision of anesthesia 13 services by a certified registered nurse anesthetist, 14 certified registered nurse anesthetist shall seek 15 consultation regarding development of an anesthesia plan 16 and treatment of patients as is appropriate to the 17 certified registered nurse anesthetist's level of 18 expertise and scope of practice and as is warranted by the 19 needs of the patient an anesthesiologist, physician, or 20 podiatric physician shall participate through discussion 21 of and agreement with the anesthesia plan and shall remain 22 physically present and be available on the premises during 23 the delivery of anesthesia services for diagnosis, 24 consultation, and treatment of emergency medical 25 conditions. The anesthesiologist or operating podiatric 26 physician must agree with the anesthesia plan prior to the SB0239 - 37 - LRB104 07525 BAB 17569 b SB0239- 38 -LRB104 07525 BAB 17569 b SB0239 - 38 - LRB104 07525 BAB 17569 b SB0239 - 38 - LRB104 07525 BAB 17569 b 1 delivery of services. 2 (b) The collaborating podiatric physician shall have 3 access to the records of all patients attended to by an 4 advanced practice registered nurse. 5 (c) Nothing in this Section shall be construed to limit 6 the delegation of tasks or duties by a podiatric physician to a 7 licensed practical nurse, a registered professional nurse, or 8 other appropriately trained persons. 9 (d) A podiatric physician shall not be liable for the acts 10 or omissions of an advanced practice registered nurse solely 11 on the basis of having signed guidelines or a collaborative 12 agreement, an order, a standing order, a standing delegation 13 order, or other order or guideline authorizing an advanced 14 practice registered nurse to perform acts, unless the 15 podiatric physician has reason to believe the advanced 16 practice registered nurse lacked the competency to perform the 17 act or acts or commits willful or wanton misconduct. 18 (e) A podiatric physician, may, but is not required to 19 delegate prescriptive authority to an advanced practice 20 registered nurse as part of a written collaborative agreement 21 and the delegation of prescriptive authority shall conform to 22 the requirements of Section 65-40 of the Nurse Practice Act. 23 (Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law. SB0239- 39 -LRB104 07525 BAB 17569 b 1 INDEX 2 Statutes amended in order of appearance SB0239- 39 -LRB104 07525 BAB 17569 b SB0239 - 39 - LRB104 07525 BAB 17569 b 1 INDEX 2 Statutes amended in order of appearance SB0239- 39 -LRB104 07525 BAB 17569 b SB0239 - 39 - LRB104 07525 BAB 17569 b SB0239 - 39 - LRB104 07525 BAB 17569 b 1 INDEX 2 Statutes amended in order of appearance SB0239 - 38 - LRB104 07525 BAB 17569 b SB0239- 39 -LRB104 07525 BAB 17569 b SB0239 - 39 - LRB104 07525 BAB 17569 b SB0239 - 39 - LRB104 07525 BAB 17569 b 1 INDEX 2 Statutes amended in order of appearance SB0239 - 39 - LRB104 07525 BAB 17569 b