Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1482 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1482 Introduced 1/31/2025, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: New Act5 ILCS 80/4.40210 ILCS 5/6.5210 ILCS 85/10.7225 ILCS 60/7.1225 ILCS 60/54.5225 ILCS 60/54.7 new Creates the Certified Anesthesiologist Assistant Practice Act. Provides for the licensure of certified anesthesiologist assistants by the Department of Financial and Professional Regulation. Sets forth provisions concerning: email address and address of record for all applicants and licensees; the function, powers, and duties of the Department; supervision requirements; applications for licensure; qualifications for licensure; endorsement by the Department of certified anesthesiologist assistants from another jurisdictions; criminal history records background checks; and other specified requirements. Amends the Regulatory Sunset Act to repeal the Certified Anesthesiologist Assistant Practice Act on January 1, 2030. Amends the Ambulatory Surgical Treatment Center Act and the Hospital Licensing Act. Provides that, in addition to the specified professionals, a licensed certified anesthesiologist assistant may assist a licensed physician, dentist, or podiatric physician. Provides that, in addition to the specified professionals, a licensed anesthesiologist assistant under the supervision of an anesthesiologist is an individual who, with clinical privileges granted at the hospital, may administer anesthesia services. Amends the Medical Practice Act of 1987. Provides that one member of the Illinois State Medical Board shall be a certified anesthesiologist assistant licensed to practice in Illinois. Establishes delegation of authority from a supervising anesthesiologist to a certified anesthesiologist assistant. Provides that the Act does not preclude a certified anesthesiologist assistant from performing specified actions. LRB104 06901 BAB 16937 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1482 Introduced 1/31/2025, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: New Act5 ILCS 80/4.40210 ILCS 5/6.5210 ILCS 85/10.7225 ILCS 60/7.1225 ILCS 60/54.5225 ILCS 60/54.7 new New Act 5 ILCS 80/4.40 210 ILCS 5/6.5 210 ILCS 85/10.7 225 ILCS 60/7.1 225 ILCS 60/54.5 225 ILCS 60/54.7 new Creates the Certified Anesthesiologist Assistant Practice Act. Provides for the licensure of certified anesthesiologist assistants by the Department of Financial and Professional Regulation. Sets forth provisions concerning: email address and address of record for all applicants and licensees; the function, powers, and duties of the Department; supervision requirements; applications for licensure; qualifications for licensure; endorsement by the Department of certified anesthesiologist assistants from another jurisdictions; criminal history records background checks; and other specified requirements. Amends the Regulatory Sunset Act to repeal the Certified Anesthesiologist Assistant Practice Act on January 1, 2030. Amends the Ambulatory Surgical Treatment Center Act and the Hospital Licensing Act. Provides that, in addition to the specified professionals, a licensed certified anesthesiologist assistant may assist a licensed physician, dentist, or podiatric physician. Provides that, in addition to the specified professionals, a licensed anesthesiologist assistant under the supervision of an anesthesiologist is an individual who, with clinical privileges granted at the hospital, may administer anesthesia services. Amends the Medical Practice Act of 1987. Provides that one member of the Illinois State Medical Board shall be a certified anesthesiologist assistant licensed to practice in Illinois. Establishes delegation of authority from a supervising anesthesiologist to a certified anesthesiologist assistant. Provides that the Act does not preclude a certified anesthesiologist assistant from performing specified actions. LRB104 06901 BAB 16937 b LRB104 06901 BAB 16937 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1482 Introduced 1/31/2025, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
3	3	New Act5 ILCS 80/4.40210 ILCS 5/6.5210 ILCS 85/10.7225 ILCS 60/7.1225 ILCS 60/54.5225 ILCS 60/54.7 new New Act 5 ILCS 80/4.40 210 ILCS 5/6.5 210 ILCS 85/10.7 225 ILCS 60/7.1 225 ILCS 60/54.5 225 ILCS 60/54.7 new
4	4	New Act
5	5	5 ILCS 80/4.40
6	6	210 ILCS 5/6.5
7	7	210 ILCS 85/10.7
8	8	225 ILCS 60/7.1
9	9	225 ILCS 60/54.5
10	10	225 ILCS 60/54.7 new
11	11	Creates the Certified Anesthesiologist Assistant Practice Act. Provides for the licensure of certified anesthesiologist assistants by the Department of Financial and Professional Regulation. Sets forth provisions concerning: email address and address of record for all applicants and licensees; the function, powers, and duties of the Department; supervision requirements; applications for licensure; qualifications for licensure; endorsement by the Department of certified anesthesiologist assistants from another jurisdictions; criminal history records background checks; and other specified requirements. Amends the Regulatory Sunset Act to repeal the Certified Anesthesiologist Assistant Practice Act on January 1, 2030. Amends the Ambulatory Surgical Treatment Center Act and the Hospital Licensing Act. Provides that, in addition to the specified professionals, a licensed certified anesthesiologist assistant may assist a licensed physician, dentist, or podiatric physician. Provides that, in addition to the specified professionals, a licensed anesthesiologist assistant under the supervision of an anesthesiologist is an individual who, with clinical privileges granted at the hospital, may administer anesthesia services. Amends the Medical Practice Act of 1987. Provides that one member of the Illinois State Medical Board shall be a certified anesthesiologist assistant licensed to practice in Illinois. Establishes delegation of authority from a supervising anesthesiologist to a certified anesthesiologist assistant. Provides that the Act does not preclude a certified anesthesiologist assistant from performing specified actions.
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14	14	A BILL FOR
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16	16	SB1482 LRB104 06901 BAB 16937 b
17	17	1 AN ACT concerning regulation.
18	18	2 Be it enacted by the People of the State of Illinois,
19	19	3 represented in the General Assembly:
20	20	4 Section 1. Short title. This Act may be cited as the
21	21	5 Certified Anesthesiologist Assistant Practice Act.
22	22	6 Section 5. Findings. The practice of anesthesiology is the
23	23	7 practice of medicine. The practice as a certified
24	24	8 anesthesiologist assistant in this State is declared to affect
25	25	9 the public health, safety, and welfare and to be subject to
26	26	10 regulation and control in the public interest. The purpose and
27	27	11 legislative intent of this Act is to encourage and promote the
28	28	12 more effective utilization of the skills of anesthesiologists
29	29	13 by enabling them to delegate certain medical care to certified
30	30	14 anesthesiologist assistants where such delegation is
31	31	15 consistent with the health and welfare of the patient and is
32	32	16 conducted at the direction of and under the responsible
33	33	17 supervision of an anesthesiologist.
34	34	18 It is further declared to be a matter of public health and
35	35	19 concern that the practice as a certified anesthesiologist
36	36	20 assistant, as defined in this Act, merit and receive the
37	37	21 confidence of the public and that only qualified persons be
38	38	22 authorized to practice as a certified anesthesiologist
39	39	23 assistant in this State. This Act shall be liberally construed
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43	43	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1482 Introduced 1/31/2025, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
44	44	New Act5 ILCS 80/4.40210 ILCS 5/6.5210 ILCS 85/10.7225 ILCS 60/7.1225 ILCS 60/54.5225 ILCS 60/54.7 new New Act 5 ILCS 80/4.40 210 ILCS 5/6.5 210 ILCS 85/10.7 225 ILCS 60/7.1 225 ILCS 60/54.5 225 ILCS 60/54.7 new
45	45	New Act
46	46	5 ILCS 80/4.40
47	47	210 ILCS 5/6.5
48	48	210 ILCS 85/10.7
49	49	225 ILCS 60/7.1
50	50	225 ILCS 60/54.5
51	51	225 ILCS 60/54.7 new
52	52	Creates the Certified Anesthesiologist Assistant Practice Act. Provides for the licensure of certified anesthesiologist assistants by the Department of Financial and Professional Regulation. Sets forth provisions concerning: email address and address of record for all applicants and licensees; the function, powers, and duties of the Department; supervision requirements; applications for licensure; qualifications for licensure; endorsement by the Department of certified anesthesiologist assistants from another jurisdictions; criminal history records background checks; and other specified requirements. Amends the Regulatory Sunset Act to repeal the Certified Anesthesiologist Assistant Practice Act on January 1, 2030. Amends the Ambulatory Surgical Treatment Center Act and the Hospital Licensing Act. Provides that, in addition to the specified professionals, a licensed certified anesthesiologist assistant may assist a licensed physician, dentist, or podiatric physician. Provides that, in addition to the specified professionals, a licensed anesthesiologist assistant under the supervision of an anesthesiologist is an individual who, with clinical privileges granted at the hospital, may administer anesthesia services. Amends the Medical Practice Act of 1987. Provides that one member of the Illinois State Medical Board shall be a certified anesthesiologist assistant licensed to practice in Illinois. Establishes delegation of authority from a supervising anesthesiologist to a certified anesthesiologist assistant. Provides that the Act does not preclude a certified anesthesiologist assistant from performing specified actions.
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54	54	LRB104 06901 BAB 16937 b
55	55	A BILL FOR
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61	61	New Act
62	62	5 ILCS 80/4.40
63	63	210 ILCS 5/6.5
64	64	210 ILCS 85/10.7
65	65	225 ILCS 60/7.1
66	66	225 ILCS 60/54.5
67	67	225 ILCS 60/54.7 new
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86	86	1 to best carry out these subjects and purposes.
87	87	2 Section 10. Definitions. As used in this Act:
88	88	3 "Address of record" means the address recorded by the
89	89	4 Department in the applicant's application file or the
90	90	5 licensee's license file, as maintained by the Department's
91	91	6 licensure maintenance unit.
92	92	7 "Anesthesiologist" means a physician licensed to practice
93	93	8 medicine in all its branches by the Department who has
94	94	9 completed a residency in anesthesiology approved by the
95	95	10 American Board of Anesthesiology or the American Osteopathic
96	96	11 Board of Anesthesiology, is board eligible or board certified,
97	97	12 holds an unrestricted license, and is actively engaged in
98	98	13 clinical practice.
99	99	14 "Board" means the Illinois State Medical Board constituted
100	100	15 under the Medical Practice Act of 1987.
101	101	16 "Certified anesthesiologist assistant" means an individual
102	102	17 licensed by the Department to provide anesthesia services
103	103	18 under the supervision of an anesthesiologist.
104	104	19 "Department" means the Department of Financial and
105	105	20 Professional Regulation.
106	106	21 "Email address of record" means the designated email
107	107	22 address recorded by the Department in the applicant's
108	108	23 application file or the licensee's license file, as maintained
109	109	24 by the Department's licensure maintenance unit.
110	110	25 "Secretary" means the Secretary of Financial and
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121	121	1 Professional Regulation.
122	122	2 "Supervision" means overseeing the activities of, and
123	123	3 accepting responsibility for, the medical services rendered by
124	124	4 the certified anesthesiologist assistant and maintaining
125	125	5 physical proximity that allows the anesthesiologist to return
126	126	6 to reestablish direct contact with the patient to meet medical
127	127	7 needs and address any urgent or emergent clinical problems at
128	128	8 all times that medical services are rendered by the certified
129	129	9 anesthesiologist assistant.
130	130	10 Section 15. Address of record; email address of record.
131	131	11 All applicants and licensees shall:
132	132	12 (1) provide a valid address and email address to the
133	133	13 Department, which shall serve as the address of record and
134	134	14 email address of record, respectively, at the time of
135	135	15 application for licensure or renewal of a license; and
136	136	16 (2) inform the Department of any change of address of
137	137	17 record or email address of record within 14 days after
138	138	18 such change either through the Department's website or by
139	139	19 contacting the Department's licensure maintenance unit.
140	140	20 Section 20. Powers and duties of the Department. Subject
141	141	21 to the provisions of this Act, the Department shall exercise
142	142	22 the following functions, powers, and duties:
143	143	23 (1) Conduct or authorize examinations to ascertain the
144	144	24 qualifications and fitness of candidates for a license to
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155	155	1 engage in the practice of certified anesthesiologist
156	156	2 assistant, pass upon the qualifications of applicants for
157	157	3 licenses, and issue licenses to those who are found to be
158	158	4 fit and qualified.
159	159	5 (2) Adopt rules required for the administration and
160	160	6 enforcement of this Act.
161	161	7 (3) Prescribe forms to be issued or electronic means
162	162	8 for the administration and enforcement of this Act and
163	163	9 rules adopted pursuant to this Act.
164	164	10 (4) Conduct investigations related to possible
165	165	11 violations of this Act and rules adopted pursuant to this
166	166	12 Act.
167	167	13 (5) Conduct hearings on proceedings to refuse to issue
168	168	14 or renew licenses or to revoke, suspend, place on
169	169	15 probation, reprimand, or otherwise discipline a license
170	170	16 under this Act or take other nondisciplinary action.
171	171	17 Section 25. Applicability. This Act does not prohibit:
172	172	18 (1) Any person licensed in this State under any other
173	173	19 Act from engaging in the practice for which the person is
174	174	20 licensed.
175	175	21 (2) The practice as a certified anesthesiologist
176	176	22 assistant by a person who is employed by the United States
177	177	23 government or any bureau, division, or agency thereof
178	178	24 while in the discharge of the employee's official duties.
179	179	25 (3) The practice as a certified anesthesiologist
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190	190	1 assistant that is included in the certified
191	191	2 anesthesiologist assistant's program of study by students
192	192	3 enrolled in schools.
193	193	4 Section 30. Title; advertising; billing.
194	194	5 (a) No certified anesthesiologist assistant shall use the
195	195	6 title of doctor or associate with the licensee's name or any
196	196	7 other term in the clinical setting or while in contact with
197	197	8 patients under the licensee's care that would indicate to
198	198	9 other persons that the licensee is qualified to engage in the
199	199	10 general independent practice of anesthesiology or
200	200	11 interventional pain management.
201	201	12 (b) A licensee shall include in every advertisement for
202	202	13 services regulated under this Act the licensee's title as it
203	203	14 appears on the license or the initials authorized under this
204	204	15 Act.
205	205	16 (c) A certified anesthesiologist assistant shall not be
206	206	17 allowed to bill patients or in any way charge for services.
207	207	18 Nothing in this Act, however, shall be so construed as to
208	208	19 prevent the employer of a certified anesthesiologist assistant
209	209	20 from charging for services rendered by the certified
210	210	21 anesthesiologist assistant. Payment for services rendered by a
211	211	22 certified anesthesiologist assistant shall be made to the
212	212	23 certified anesthesiologist assistant's employer if the payor
213	213	24 would have made payment had the services been provided by an
214	214	25 anesthesiologist.
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225	225	1 Section 35. Supervision requirements.
226	226	2 (a) As used in this Section, "supervision" means the use
227	227	3 of the powers of direction and decision to coordinate, direct,
228	228	4 and inspect the accomplishment of another, and to oversee the
229	229	5 implementation of the anesthesiologist's intentions.
230	230	6 (b) A certified anesthesiologist assistant may deliver
231	231	7 medical care only under the supervision of an anesthesiologist
232	232	8 and only as described in a supervision agreement between the
233	233	9 certified anesthesiologist assistant and an anesthesiologist
234	234	10 who represents the certified anesthesiologist assistant's
235	235	11 employer. The supervising anesthesiologist shall be
236	236	12 immediately available at all times while supervising a
237	237	13 certified anesthesiologist assistant. The Department shall
238	238	14 establish by rule the maximum number of certified
239	239	15 anesthesiologist assistants that may be supervised by the
240	240	16 supervising anesthesiologist and that number shall align with
241	241	17 the national standards and maximum ratio set by the Centers
242	242	18 for Medicare and Medicaid Services.
243	243	19 For the purposes of this Section, "immediately available"
244	244	20 means the medically directing anesthesiologist being in such
245	245	21 physical proximity to allow the anesthesiologist to return to
246	246	22 reestablish direct contact with the patient to meet the
247	247	23 patient's medical needs and address any urgent or emergent
248	248	24 problems. These responsibilities may also be met through
249	249	25 careful coordination among anesthesiologists of the same group
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260	260	1 or department. It is recognized that the design and size of
261	261	2 various facilities, the severity of patient illnesses, and the
262	262	3 complexity and demands of the particular surgical procedures
263	263	4 make it impossible to define a specific time or distance for
264	264	5 physical proximity.
265	265	6 (c) A certified anesthesiologist assistant's practice may
266	266	7 not exceed the licensee's education and training, the scope of
267	267	8 practice of the supervising anesthesiologist, and the practice
268	268	9 outlined in the certified anesthesiologist assistant
269	269	10 supervision agreement. A medical care task assigned by the
270	270	11 supervising anesthesiologist to the certified anesthesiologist
271	271	12 assistant may not be delegated by the certified
272	272	13 anesthesiologist assistant to another person, except for the
273	273	14 preceptorship of a student in an anesthesiologist assistant
274	274	15 training program.
275	275	16 (d) A certified anesthesiologist assistant may assist only
276	276	17 the supervising anesthesiologist in the delivery of medical
277	277	18 care and may perform medical care tasks as well as any other
278	278	19 tasks within the scope of training and education of the
279	279	20 certified anesthesiologist assistant as assigned by the
280	280	21 supervising anesthesiologist.
281	281	22 (e) An anesthesiologist who represents a certified
282	282	23 anesthesiologist assistant's employer shall review the
283	283	24 supervision agreement with the certified anesthesiologist
284	284	25 assistant at least annually. The supervision agreement shall
285	285	26 be available for inspection at the location where the
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296	296	1 certified anesthesiologist assistant practices. The
297	297	2 supervision agreement may limit the practice of a certified
298	298	3 anesthesiologist assistant to less than the full scope of
299	299	4 practice authorized under this Act.
300	300	5 (f) A certified anesthesiologist assistant shall be
301	301	6 employed by a health care provider that is licensed in this
302	302	7 State for the primary purpose of providing the medical
303	303	8 services of physicians or that is an entity. If a certified
304	304	9 anesthesiologist assistant's employer is not an
305	305	10 anesthesiologist, the employer shall provide for, and not
306	306	11 interfere with, an anesthesiologist's supervision of the
307	307	12 certified anesthesiologist assistant.
308	308	13 (g) A student in an anesthesiologist assistant training
309	309	14 program may assist only an anesthesiologist in the delivery of
310	310	15 medical care and may perform only medical care tasks assigned
311	311	16 by the anesthesiologist. An anesthesiologist may delegate the
312	312	17 preceptorship of a student in an anesthesiologist assistant
313	313	18 training program to a qualified anesthesia provider. This
314	314	19 Section shall not be interpreted to limit the number of other
315	315	20 qualified anesthesia providers an anesthesiologist may
316	316	21 supervise.
317	317	22 (h) A student in an anesthesiologist assistant training
318	318	23 program shall be identified as a student anesthesiologist
319	319	24 assistant or an anesthesiologist assistant student and may not
320	320	25 be identified as an "intern", "resident", or "fellow".
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331	331	1 Section 40. Application for licensure. An application for
332	332	2 an original license shall be made to the Department in writing
333	333	3 on forms or electronically as prescribed by the Department and
334	334	4 shall be accompanied by the required fee, which shall not be
335	335	5 refundable. An application shall require information that, in
336	336	6 the judgment of the Department, will enable the Department to
337	337	7 pass on the qualifications of the applicant for a license.
338	338	8 An applicant has 3 years from the date of application to
339	339	9 complete the application process. If the process has not been
340	340	10 completed in 3 years, the application shall be denied, the fee
341	341	11 shall be forfeited, and the applicant must reapply and meet
342	342	12 the requirements in effect at the time of reapplication.
343	343	13 Section 45. Social security number on license application.
344	344	14 In addition to any other information required to be contained
345	345	15 in the application, every application for an original license
346	346	16 under this Act shall include the applicant's social security
347	347	17 number or federal individual taxpayer identification number,
348	348	18 which shall be retained in the agency's records pertaining to
349	349	19 the license.
350	350	20 As soon as practical, the Department shall assign a
351	351	21 customer's identification number to each applicant for a
352	352	22 license. Every application for a renewal or restored license
353	353	23 shall require the applicant's customer identification number.
354	354	24 Section 50. Qualifications for licensure. A person shall
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365	365	1 be qualified for licensure as a certified anesthesiologist
366	366	2 assistant and the Department may issue a certified
367	367	3 anesthesiologist assistant license to such person, if the
368	368	4 person has done all of the following:
369	369	5 (1) Applied in writing or electronically in a form and
370	370	6 substance satisfactory to the Department and has not
371	371	7 violated any of the provisions of this Act or the rules
372	372	8 adopted under this Act. The Department may take into
373	373	9 consideration any felony conviction of the applicant but
374	374	10 shall deny the application if any conviction constitutes a
375	375	11 bar to licensure or is otherwise prohibited as provided by
376	376	12 law.
377	377	13 (2) Submitted evidence satisfactory to the Department
378	378	14 that the applicant has:
379	379	15 (A) obtained a master's degree in anesthesia from
380	380	16 an anesthesiologist assistant program approved by the
381	381	17 Department; and
382	382	18 (B) passed an examination approved by the
383	383	19 Department.
384	384	20 (3) Complied with all applicable rules of the
385	385	21 Department.
386	386	22 Section 55. Endorsement. Upon payment of the required fee,
387	387	23 the Department may, in its discretion, license as a certified
388	388	24 anesthesiologist assistant any person who is a certified
389	389	25 anesthesiologist assistant licensed in another jurisdiction,
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400	400	1 if the requirements for licensure in that jurisdiction were on
401	401	2 the date of licensure either substantially equivalent to the
402	402	3 requirements in force in this State on that date or equivalent
403	403	4 to the requirements of this Act and the rules adopted under
404	404	5 this Act and not otherwise prohibited by law.
405	405	6 Section 60. Criminal history records background check.
406	406	7 Each applicant for licensure under Sections 40, 50, and 55
407	407	8 shall have the applicant's fingerprints submitted to the
408	408	9 Illinois State Police in an electronic format that complies
409	409	10 with the form and manner for requesting and furnishing
410	410	11 criminal history record information as prescribed by the
411	411	12 Illinois State Police. These fingerprints shall be checked
412	412	13 against the Illinois State Police and Federal Bureau of
413	413	14 Investigation criminal history record databases now and
414	414	15 hereafter filed. The Illinois State Police shall charge
415	415	16 applicants a fee for conducting the criminal history records
416	416	17 check, which shall be deposited into the State Police Services
417	417	18 Fund and shall not exceed the actual cost of the records check.
418	418	19 The Illinois State Police shall furnish, pursuant to positive
419	419	20 identification, records of Illinois convictions to the
420	420	21 Department. The Department may require applicants to pay a
421	421	22 separate fingerprinting fee, either to the Department or to a
422	422	23 vendor designated or approved by the Department. The
423	423	24 Department, in its discretion, may allow an applicant who does
424	424	25 not have reasonable access to a designated vendor to provide
425	425
426	426
427	427
428	428
429	429
430	430	SB1482 - 11 - LRB104 06901 BAB 16937 b
431	431
432	432
433	433	SB1482- 12 -LRB104 06901 BAB 16937 b SB1482 - 12 - LRB104 06901 BAB 16937 b
434	434	SB1482 - 12 - LRB104 06901 BAB 16937 b
435	435	1 the applicant's fingerprints in an alternative manner. The
436	436	2 Department may adopt any rules necessary to implement this
437	437	3 Section.
438	438	4 Section 65. Fees; deposit of fees and fines.
439	439	5 (a) The fees for the administration and enforcement of
440	440	6 this Act, including, but not limited to, fees for original
441	441	7 licensure, renewal, and restoration, shall be set by rule. The
442	442	8 fees shall not be refundable.
443	443	9 (b) All of the fees and fines collected under this Act
444	444	10 shall be deposited into the Illinois State Medical
445	445	11 Disciplinary Fund and be appropriated to the Department for
446	446	12 the ordinary and contingent expenses of the Department in the
447	447	13 administration and enforcement of this Act.
448	448	14 Section 70. Checks or order to Department dishonored
449	449	15 because of insufficient funds. Any person who delivers a check
450	450	16 or other payment to the Department that is returned to the
451	451	17 Department unpaid by the financial institution upon which it
452	452	18 is drawn shall pay to the Department, in addition to the amount
453	453	19 already owed to the Department, a fine of $50. The fines
454	454	20 imposed by this Section are in addition to any other
455	455	21 discipline provided under this Act for unlicensed practice or
456	456	22 practice on a nonrenewed license. The Department shall notify
457	457	23 the person that payment of fees and fines shall be paid to the
458	458	24 Department by certified check or money order within 30
459	459
460	460
461	461
462	462
463	463
464	464	SB1482 - 12 - LRB104 06901 BAB 16937 b
465	465
466	466
467	467	SB1482- 13 -LRB104 06901 BAB 16937 b SB1482 - 13 - LRB104 06901 BAB 16937 b
468	468	SB1482 - 13 - LRB104 06901 BAB 16937 b
469	469	1 calendar days after the notification. If, after the expiration
470	470	2 of 30 days after the date of the notification, the person has
471	471	3 failed to submit the necessary remittance, the Department
472	472	4 shall automatically terminate the license or deny the
473	473	5 application, without hearing. If, after termination or denial,
474	474	6 the person seeks a license, the person shall apply to the
475	475	7 Department for restoration or issuance of the license and pay
476	476	8 all fees and fines due to the Department. The Department may
477	477	9 establish a fee for the processing of an application for
478	478	10 restoration of a license to pay all expenses of processing
479	479	11 this application. The Secretary may waive the fines due under
480	480	12 this Section in individual cases in which the Secretary finds
481	481	13 that the fines would be unreasonable or unnecessarily
482	482	14 burdensome.
483	483	15 Section 75. Identification. No person may designate
484	484	16 oneself as a certified anesthesiologist assistant, use or
485	485	17 assume the title "certified anesthesiologist assistant", or
486	486	18 append to the person's name the words or letters "certified
487	487	19 anesthesiologist assistant" or "C.A.A." or any other titles,
488	488	20 letters, or designation that represents or may tend to
489	489	21 represent the person as a certified anesthesiologist assistant
490	490	22 unless the person is licensed as a certified anesthesiologist
491	491	23 assistant by the Department. A certified anesthesiologist
492	492	24 assistant shall be clearly identified as a certified
493	493	25 anesthesiologist assistant.
494	494
495	495
496	496
497	497
498	498
499	499	SB1482 - 13 - LRB104 06901 BAB 16937 b
500	500
501	501
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503	503	SB1482 - 14 - LRB104 06901 BAB 16937 b
504	504	1 Section 80. Unlicensed practice; violation; civil penalty.
505	505	2 (a) Any person who practices, offers to practice, attempts
506	506	3 to practice, or holds oneself out to practice as a certified
507	507	4 anesthesiologist assistant without being licensed under this
508	508	5 Act shall, in addition to any other penalty provided by law,
509	509	6 pay a civil penalty to the Department in an amount not to
510	510	7 exceed $10,000 for each offense as determined by the
511	511	8 Department. The civil penalty shall be assessed by the
512	512	9 Department after a hearing is held in accordance with the
513	513	10 provisions set forth in this Act regarding the provision of a
514	514	11 hearing for the discipline of a licensee.
515	515	12 (b) The Department has the authority and power to
516	516	13 investigate any and all unlicensed activity.
517	517	14 (c) The civil penalty shall be paid within 60 days after
518	518	15 the effective date of the order imposing the civil penalty.
519	519	16 The order shall constitute a judgment and may be filed and
520	520	17 execution had thereon in the same manner as any judgment from
521	521	18 any court of record.
522	522	19 Section 85. Expiration and renewal of license. The
523	523	20 expiration date and renewal period for each license issued
524	524	21 under this Act shall be set by rule. Renewal shall be
525	525	22 conditioned on paying the required fee and by meeting such
526	526	23 other requirements as may be established by law or rule,
527	527	24 including completion of continuing education.
528	528
529	529
530	530
531	531
532	532
533	533	SB1482 - 14 - LRB104 06901 BAB 16937 b
534	534
535	535
536	536	SB1482- 15 -LRB104 06901 BAB 16937 b SB1482 - 15 - LRB104 06901 BAB 16937 b
537	537	SB1482 - 15 - LRB104 06901 BAB 16937 b
538	538	1 Any certified anesthesiologist assistant who has permitted
539	539	2 the license to expire or who has had the license on inactive
540	540	3 status may have the license restored by making application to
541	541	4 the Department and filing proof acceptable to the Department
542	542	5 of the individual's fitness to have the license restored, and
543	543	6 by paying the required fees. Proof of fitness may include
544	544	7 sworn evidence certifying to active lawful practice in another
545	545	8 jurisdiction.
546	546	9 If the certified anesthesiologist assistant has not
547	547	10 maintained an active practice in another jurisdiction
548	548	11 satisfactory to the Department, the Department shall
549	549	12 determine, by an evaluation program established by rule, the
550	550	13 individual's fitness for restoration of the license and shall
551	551	14 establish procedures and requirements for such restoration.
552	552	15 However, any certified anesthesiologist assistant whose
553	553	16 license expired while the individual was (i) in federal
554	554	17 service on active duty with the Armed Forces of the United
555	555	18 States, or the State Militia called into service or training,
556	556	19 or (ii) in training or education under the supervision of the
557	557	20 United States preliminary to induction into the military
558	558	21 service, may have the individual's license restored without
559	559	22 paying any lapsed renewal fees if within 2 years after
560	560	23 honorable termination of such service, training, or education
561	561	24 the individual furnishes the Department with satisfactory
562	562	25 evidence to the effect that the individual has been so engaged
563	563	26 and that the individual's service, training, or education has
564	564
565	565
566	566
567	567
568	568
569	569	SB1482 - 15 - LRB104 06901 BAB 16937 b
570	570
571	571
572	572	SB1482- 16 -LRB104 06901 BAB 16937 b SB1482 - 16 - LRB104 06901 BAB 16937 b
573	573	SB1482 - 16 - LRB104 06901 BAB 16937 b
574	574	1 been so terminated.
575	575	2 Section 90. Inactive status. Any certified
576	576	3 anesthesiologist assistant who notifies the Department in
577	577	4 writing on forms prescribed by the Department, may elect to
578	578	5 place the license on an inactive status and shall, subject to
579	579	6 rules of the Department, be excused from payment of renewal
580	580	7 fees until the individual notifies the Department in writing
581	581	8 of the individual's intention to restore the license.
582	582	9 Any certified anesthesiologist assistant requesting
583	583	10 restoration from inactive status shall be required to pay the
584	584	11 current renewal fee and shall be required to restore the
585	585	12 license, as provided in Section 85.
586	586	13 Any certified anesthesiologist assistant whose license is
587	587	14 in an inactive status shall not practice in this State.
588	588	15 Any certified anesthesiologist assistant who engages in
589	589	16 practice while the license is lapsed or on inactive status
590	590	17 shall be considered to be practicing without a license, which
591	591	18 shall be grounds for discipline under Sections 80 and 95.
592	592	19 Section 95. Grounds for disciplinary action.
593	593	20 (a) The Department may refuse to issue or renew, or may
594	594	21 revoke, suspend, place on probation, reprimand, or take other
595	595	22 disciplinary or nondisciplinary action with regard to any
596	596	23 license issued under this Act as the Department may deem
597	597	24 proper, including the issuance of fines not to exceed $10,000
598	598
599	599
600	600
601	601
602	602
603	603	SB1482 - 16 - LRB104 06901 BAB 16937 b
604	604
605	605
606	606	SB1482- 17 -LRB104 06901 BAB 16937 b SB1482 - 17 - LRB104 06901 BAB 16937 b
607	607	SB1482 - 17 - LRB104 06901 BAB 16937 b
608	608	1 for each violation, for any one or a combination of the
609	609	2 following causes:
610	610	3 (1) Material misstatement in furnishing information to
611	611	4 the Department.
612	612	5 (2) Violations of this Act or the rules adopted under
613	613	6 this Act.
614	614	7 (3) Conviction by plea of guilty or nolo contendere,
615	615	8 finding of guilt, jury verdict, or entry of judgment or
616	616	9 sentencing, including, but not limited to, convictions,
617	617	10 preceding sentences of supervision, conditional discharge,
618	618	11 or first offender probation, under the laws of any
619	619	12 jurisdiction of the United States that is: (i) a felony;
620	620	13 or (ii) a misdemeanor an essential element of which is
621	621	14 dishonesty or that is directly related to the practice of
622	622	15 the profession.
623	623	16 (4) Making any misrepresentation for the purpose of
624	624	17 obtaining licenses.
625	625	18 (5) Professional incompetence.
626	626	19 (6) Aiding or assisting another person in violating
627	627	20 any provision of this Act or its rules.
628	628	21 (7) Failing, within 60 days, to provide information in
629	629	22 response to a written request made by the Department.
630	630	23 (8) Engaging in dishonorable, unethical, or
631	631	24 unprofessional conduct, as defined by rule, of a character
632	632	25 likely to deceive, defraud, or harm the public.
633	633	26 (9) Habitual or excessive use or addiction to alcohol,
634	634
635	635
636	636
637	637
638	638
639	639	SB1482 - 17 - LRB104 06901 BAB 16937 b
640	640
641	641
642	642	SB1482- 18 -LRB104 06901 BAB 16937 b SB1482 - 18 - LRB104 06901 BAB 16937 b
643	643	SB1482 - 18 - LRB104 06901 BAB 16937 b
644	644	1 narcotics, stimulants, or any other chemical agent or drug
645	645	2 that results in a certified anesthesiologist assistant's
646	646	3 inability to practice with reasonable judgment, skill, or
647	647	4 safety.
648	648	5 (10) Discipline by another U.S. jurisdiction or
649	649	6 foreign nation, if at least one of the grounds for
650	650	7 discipline is the same or substantially equivalent to
651	651	8 those set forth in this Section.
652	652	9 (11) Directly or indirectly giving to or receiving
653	653	10 from any person, firm, corporation, partnership, or
654	654	11 association any fee, commission, rebate, or other form of
655	655	12 compensation for any professional services not actually or
656	656	13 personally rendered. Nothing in this paragraph affects any
657	657	14 bona fide independent contractor or employment
658	658	15 arrangements, which may include provisions for
659	659	16 compensation, health insurance, pension, or other
660	660	17 employment benefits, with persons or entities authorized
661	661	18 under this Act for the provision of services within the
662	662	19 scope of the licensee's practice under this Act.
663	663	20 (12) A finding by the Board that the licensee, after
664	664	21 having the licensee's license placed on probationary
665	665	22 status has violated the terms of probation.
666	666	23 (13) Abandonment of a patient.
667	667	24 (14) Willfully making or filing false records or
668	668	25 reports in the certified anesthesiologist assistant's
669	669	26 practice, including, but not limited to, false records
670	670
671	671
672	672
673	673
674	674
675	675	SB1482 - 18 - LRB104 06901 BAB 16937 b
676	676
677	677
678	678	SB1482- 19 -LRB104 06901 BAB 16937 b SB1482 - 19 - LRB104 06901 BAB 16937 b
679	679	SB1482 - 19 - LRB104 06901 BAB 16937 b
680	680	1 filed with State agencies or departments.
681	681	2 (15) Willfully failing to report an instance of
682	682	3 suspected child abuse or neglect as required by the Abused
683	683	4 and Neglected Child Reporting Act.
684	684	5 (16) Physical illness or mental illness or impairment
685	685	6 that results in the inability to practice the profession
686	686	7 with reasonable judgment, skill, or safety, including, but
687	687	8 not limited to, deterioration through the aging process or
688	688	9 loss of motor skill.
689	689	10 (17) Being named as a perpetrator in an indicated
690	690	11 report by the Department of Children and Family Services
691	691	12 under the Abused and Neglected Child Reporting Act, and
692	692	13 upon proof by clear and convincing evidence that the
693	693	14 licensee has caused a child to be an abused child or
694	694	15 neglected child as defined in the Abused and Neglected
695	695	16 Child Reporting Act.
696	696	17 (18) Gross negligence resulting in the permanent
697	697	18 injury or death of a patient.
698	698	19 (19) Employment of fraud, deception, or any unlawful
699	699	20 means in applying for or securing a license as a certified
700	700	21 anesthesiologist assistant.
701	701	22 (20) Exceeding the authority delegated to the
702	702	23 certified anesthesiologist assistant by the certified
703	703	24 anesthesiologist assistant's supervising
704	704	25 anesthesiologist.
705	705	26 (21) Immoral conduct in the commission of any act,
706	706
707	707
708	708
709	709
710	710
711	711	SB1482 - 19 - LRB104 06901 BAB 16937 b
712	712
713	713
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715	715	SB1482 - 20 - LRB104 06901 BAB 16937 b
716	716	1 such as sexual abuse, sexual misconduct, or sexual
717	717	2 exploitation related to the licensee's practice.
718	718	3 (22) Violation of the Health Care Worker Self-Referral
719	719	4 Act.
720	720	5 (23) Practicing under a false or assumed name, except
721	721	6 as provided by law.
722	722	7 (24) Making a false or misleading statement regarding
723	723	8 the certified anesthesiologist assistant's skill or the
724	724	9 efficacy or value of the medicine, treatment, or remedy
725	725	10 prescribed by the certified anesthesiologist assistant in
726	726	11 the course of treatment.
727	727	12 (25) Allowing another person to use the certified
728	728	13 anesthesiologist assistant's license to practice.
729	729	14 (26) Prescribing, selling, administering,
730	730	15 distributing, giving, or self-administering a drug
731	731	16 classified as a controlled substance for other than
732	732	17 medically accepted therapeutic purposes.
733	733	18 (27) Promotion of the sale of drugs, devices,
734	734	19 appliances, or goods provided for a patient in a manner to
735	735	20 exploit the patient for financial gain.
736	736	21 (28) A pattern of practice or other behavior that
737	737	22 demonstrates incapacity or incompetence to practice under
738	738	23 this Act.
739	739	24 (29) Violating State or federal laws, rules, or
740	740	25 regulations relating to controlled substances or other
741	741	26 legend drugs or ephedra as defined in the Ephedra
742	742
743	743
744	744
745	745
746	746
747	747	SB1482 - 20 - LRB104 06901 BAB 16937 b
748	748
749	749
750	750	SB1482- 21 -LRB104 06901 BAB 16937 b SB1482 - 21 - LRB104 06901 BAB 16937 b
751	751	SB1482 - 21 - LRB104 06901 BAB 16937 b
752	752	1 Prohibition Act.
753	753	2 (30) Failure to establish and maintain records of
754	754	3 patient care and treatment as required by law.
755	755	4 (31) Attempting to subvert or cheat on the designated
756	756	5 examination for licensure.
757	757	6 (32) Willfully or negligently violating the
758	758	7 confidentiality between the certified anesthesiologist
759	759	8 assistant and patient, except as required by law.
760	760	9 (33) Willfully failing to report an instance of
761	761	10 suspected abuse, neglect, financial exploitation, or
762	762	11 self-neglect of an eligible adult as defined in and
763	763	12 required by the Adult Protective Services Act.
764	764	13 (34) Being named as an abuser in a verified report by
765	765	14 the Department on Aging under the Adult Protective
766	766	15 Services Act and upon proof by clear and convincing
767	767	16 evidence that the licensee abused, neglected, or
768	768	17 financially exploited an eligible adult as defined in the
769	769	18 Adult Protective Services Act.
770	770	19 (35) Failure to report to the Department an adverse
771	771	20 final action taken against the certified anesthesiologist
772	772	21 assistant by another licensing jurisdiction of the United
773	773	22 States or a foreign state or country, a peer review body, a
774	774	23 health care institution, a professional society or
775	775	24 association, a governmental agency, a law enforcement
776	776	25 agency, or a court for acts or conduct similar to acts or
777	777	26 conduct that would constitute grounds for action under
778	778
779	779
780	780
781	781
782	782
783	783	SB1482 - 21 - LRB104 06901 BAB 16937 b
784	784
785	785
786	786	SB1482- 22 -LRB104 06901 BAB 16937 b SB1482 - 22 - LRB104 06901 BAB 16937 b
787	787	SB1482 - 22 - LRB104 06901 BAB 16937 b
788	788	1 this Section.
789	789	2 (36) Failure to provide copies of records of patient
790	790	3 care or treatment, except as required by law.
791	791	4 (37) Violating the Compassionate Use of Medical
792	792	5 Cannabis Program Act.
793	793	6 (b) The Department may, without a hearing, refuse to issue
794	794	7 or renew or may suspend the license of any person who (i) fails
795	795	8 to file a return, or to pay the tax, penalty, or interest shown
796	796	9 in a filed return, or to pay any final assessment of the tax,
797	797	10 penalty, or interest as required by any tax Act administered
798	798	11 by the Department of Revenue, until the requirements of any
799	799	12 such tax Act are satisfied or (ii) fails to pay any
800	800	13 court-ordered child support as determined by a court order or
801	801	14 by referral from the Department of Healthcare and Family
802	802	15 Services, until the requirements of any such court order are
803	803	16 satisfied.
804	804	17 (c) The determination by a circuit court that a licensee
805	805	18 is subject to involuntary admission or judicial admission as
806	806	19 provided in the Mental Health and Developmental Disabilities
807	807	20 Code operates as an automatic suspension. The suspension will
808	808	21 end only upon a finding by a court that the patient is no
809	809	22 longer subject to involuntary admission or judicial admission
810	810	23 and issues an order so finding and discharging the patient,
811	811	24 and upon the recommendation of the Board to the Secretary that
812	812	25 the licensee be allowed to resume the licensee's practice.
813	813	26 (d) In enforcing this Section, the Department upon a
814	814
815	815
816	816
817	817
818	818
819	819	SB1482 - 22 - LRB104 06901 BAB 16937 b
820	820
821	821
822	822	SB1482- 23 -LRB104 06901 BAB 16937 b SB1482 - 23 - LRB104 06901 BAB 16937 b
823	823	SB1482 - 23 - LRB104 06901 BAB 16937 b
824	824	1 showing of a possible violation may compel an individual
825	825	2 licensed to practice under this Act, or who has applied for
826	826	3 licensure under this Act, to submit to a mental or physical
827	827	4 examination, or both, which may include a substance abuse or
828	828	5 sexual offender evaluation, as required by and at the expense
829	829	6 of the Department.
830	830	7 The Department shall specifically designate the examining
831	831	8 physician licensed to practice medicine in all of its branches
832	832	9 or, if applicable, the multidisciplinary team involved in
833	833	10 providing the mental or physical examination or both. The
834	834	11 multidisciplinary team shall be led by a physician licensed to
835	835	12 practice medicine in all of its branches and may consist of one
836	836	13 or more or a combination of physicians licensed to practice
837	837	14 medicine in all of its branches, licensed clinical
838	838	15 psychologists, licensed clinical social workers, licensed
839	839	16 clinical professional counselors, and other professional and
840	840	17 administrative staff. Any examining physician or member of the
841	841	18 multidisciplinary team may require any person ordered to
842	842	19 submit to an examination pursuant to this Section to submit to
843	843	20 any additional supplemental testing deemed necessary to
844	844	21 complete any examination or evaluation process, including, but
845	845	22 not limited to, blood testing, urinalysis, psychological
846	846	23 testing, or neuropsychological testing.
847	847	24 The Department may order the examining physician or any
848	848	25 member of the multidisciplinary team to provide to the
849	849	26 Department any and all records, including business records,
850	850
851	851
852	852
853	853
854	854
855	855	SB1482 - 23 - LRB104 06901 BAB 16937 b
856	856
857	857
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859	859	SB1482 - 24 - LRB104 06901 BAB 16937 b
860	860	1 that relate to the examination and evaluation, including any
861	861	2 supplemental testing performed.
862	862	3 The Department may order the examining physician or any
863	863	4 member of the multidisciplinary team to present testimony
864	864	5 concerning the mental or physical examination of the licensee
865	865	6 or applicant. No information, report, record, or other
866	866	7 documents in any way related to the examination shall be
867	867	8 excluded by reason of any common law or statutory privilege
868	868	9 relating to communications between the licensee or applicant
869	869	10 and the examining physician or any member of the
870	870	11 multidisciplinary team. No authorization is necessary from the
871	871	12 licensee or applicant ordered to undergo an examination for
872	872	13 the examining physician or any member of the multidisciplinary
873	873	14 team to provide information, reports, records, or other
874	874	15 documents or to provide any testimony regarding the
875	875	16 examination and evaluation.
876	876	17 The individual to be examined may have, at the
877	877	18 individual's own expense, another physician of the
878	878	19 individual's choice present during all aspects of this
879	879	20 examination. However, that physician shall be present only to
880	880	21 observe and may not interfere in any way with the examination.
881	881	22 Failure of an individual to submit to a mental or physical
882	882	23 examination, when ordered, shall result in an automatic
883	883	24 suspension of the individual's license until the individual
884	884	25 submits to the examination.
885	885	26 If the Department finds an individual unable to practice
886	886
887	887
888	888
889	889
890	890
891	891	SB1482 - 24 - LRB104 06901 BAB 16937 b
892	892
893	893
894	894	SB1482- 25 -LRB104 06901 BAB 16937 b SB1482 - 25 - LRB104 06901 BAB 16937 b
895	895	SB1482 - 25 - LRB104 06901 BAB 16937 b
896	896	1 because of the reasons set forth in this Section, the
897	897	2 Department may require that individual to submit to care,
898	898	3 counseling, or treatment by physicians approved or designated
899	899	4 by the Department, as a condition, term, or restriction for
900	900	5 continued, reinstated, or renewed licensure to practice; or,
901	901	6 in lieu of care, counseling, or treatment, the Department may
902	902	7 file a complaint to immediately suspend, revoke, or otherwise
903	903	8 discipline the license of the individual. An individual whose
904	904	9 license was granted, continued, reinstated, renewed,
905	905	10 disciplined, or supervised subject to such terms, conditions,
906	906	11 or restrictions, and who fails to comply with such terms,
907	907	12 conditions, or restrictions, shall be referred to the
908	908	13 Secretary for a determination as to whether the individual
909	909	14 shall have the individual's license suspended immediately,
910	910	15 pending a hearing by the Department.
911	911	16 In instances in which the Secretary immediately suspends
912	912	17 an individual's license under this Section, a hearing on that
913	913	18 individual's license must be convened by the Department within
914	914	19 30 days after the suspension and completed without appreciable
915	915	20 delay. The Department shall have the authority to review the
916	916	21 subject individual's record of treatment and counseling
917	917	22 regarding the impairment to the extent permitted by applicable
918	918	23 federal statutes and regulations safeguarding the
919	919	24 confidentiality of medical records.
920	920	25 An individual licensed under this Act and affected under
921	921	26 this Section shall be afforded an opportunity to demonstrate
922	922
923	923
924	924
925	925
926	926
927	927	SB1482 - 25 - LRB104 06901 BAB 16937 b
928	928
929	929
930	930	SB1482- 26 -LRB104 06901 BAB 16937 b SB1482 - 26 - LRB104 06901 BAB 16937 b
931	931	SB1482 - 26 - LRB104 06901 BAB 16937 b
932	932	1 to the Department that the individual can resume practice in
933	933	2 compliance with acceptable and prevailing standards under the
934	934	3 provisions of the individual's license.
935	935	4 (e) An individual or organization acting in good faith,
936	936	5 and not in a willful and wanton manner, in complying with this
937	937	6 Section by providing a report or other information to the
938	938	7 Board, by assisting in the investigation or preparation of a
939	939	8 report or information, by participating in proceedings of the
940	940	9 Board, or by serving as a member of the Board, shall not be
941	941	10 subject to criminal prosecution or civil damages as a result
942	942	11 of such actions.
943	943	12 (f) Members of the Board shall be indemnified by the State
944	944	13 for any actions occurring within the scope of services of the
945	945	14 Board, done in good faith and not willful and wanton in nature.
946	946	15 The Attorney General shall defend all such actions unless the
947	947	16 Attorney General determines either that there would be a
948	948	17 conflict of interest in such representation or that the
949	949	18 actions complained of were not in good faith or were willful
950	950	19 and wanton.
951	951	20 If the Attorney General declines representation, the
952	952	21 member has the right to employ counsel of the member's choice,
953	953	22 whose fees shall be provided by the State, after approval by
954	954	23 the Attorney General, unless there is a determination by a
955	955	24 court that the member's actions were not in good faith or were
956	956	25 willful and wanton.
957	957	26 The member must notify the Attorney General within 7 days
958	958
959	959
960	960
961	961
962	962
963	963	SB1482 - 26 - LRB104 06901 BAB 16937 b
964	964
965	965
966	966	SB1482- 27 -LRB104 06901 BAB 16937 b SB1482 - 27 - LRB104 06901 BAB 16937 b
967	967	SB1482 - 27 - LRB104 06901 BAB 16937 b
968	968	1 after receipt of notice of the initiation of any action
969	969	2 involving services of the Board. Failure to so notify the
970	970	3 Attorney General constitutes an absolute waiver of the right
971	971	4 to a defense and indemnification.
972	972	5 The Attorney General shall determine, within 7 days after
973	973	6 receiving such notice, whether the Attorney General will
974	974	7 undertake to represent the member.
975	975	8 Section 100. Continuing education. The Department shall
976	976	9 adopt rules for continuing education for persons licensed
977	977	10 under this Act. The continuing education rules shall ensure
978	978	11 that licensees are given the opportunity to participate in
979	979	12 programs sponsored by or through their State or national
980	980	13 professional organizations, hospitals, or other providers of
981	981	14 continuing education. The rules shall also address waivers in
982	982	15 part or in whole for good cause, including, but not limited to,
983	983	16 illness or hardship. Each licensee is responsible for
984	984	17 maintaining records of completion of continuing education and
985	985	18 shall be prepared to produce the records when requested by the
986	986	19 Department.
987	987	20 Section 105. Violations; injunction; cease and desist
988	988	21 order.
989	989	22 (a) If any person violates the provisions of this Act, the
990	990	23 Secretary may, in the name of the People of the State of
991	991	24 Illinois, through the Attorney General, petition for an order
992	992
993	993
994	994
995	995
996	996
997	997	SB1482 - 27 - LRB104 06901 BAB 16937 b
998	998
999	999
1000	1000	SB1482- 28 -LRB104 06901 BAB 16937 b SB1482 - 28 - LRB104 06901 BAB 16937 b
1001	1001	SB1482 - 28 - LRB104 06901 BAB 16937 b
1002	1002	1 enjoining such violation or for an order enforcing compliance
1003	1003	2 with this Act. Upon the filing of a verified petition, the
1004	1004	3 court with appropriate jurisdiction may issue a temporary
1005	1005	4 restraining order without notice or bond, and may
1006	1006	5 preliminarily and permanently enjoin such violation. If it is
1007	1007	6 established that such person has violated or is violating the
1008	1008	7 injunction, the court may punish the offender for contempt of
1009	1009	8 court. Proceedings under this Section shall be in addition to
1010	1010	9 all other remedies and penalties provided by this Act.
1011	1011	10 (b) Whenever, in the opinion of the Department, a person
1012	1012	11 violates any provision of this Act, the Department may issue a
1013	1013	12 rule to show cause why an order to cease and desist should not
1014	1014	13 be entered against such person. The rule shall clearly set
1015	1015	14 forth the grounds relied upon by the Department and shall
1016	1016	15 allow at least 7 days from the date of the rule to file an
1017	1017	16 answer satisfactory to the Department. Failure to answer to
1018	1018	17 the satisfaction of the Department shall cause an order to
1019	1019	18 cease and desist to be issued.
1020	1020	19 Section 110. Investigations; notice and hearing.
1021	1021	20 (a) The Department may investigate the actions of any
1022	1022	21 applicant or of any person holding or claiming to hold a
1023	1023	22 license under this Act.
1024	1024	23 (b) The Department shall, before disciplining an applicant
1025	1025	24 or licensee, at least 30 days prior to the date set for the
1026	1026	25 hearing: (i) notify, in writing, the accused of the charges
1027	1027
1028	1028
1029	1029
1030	1030
1031	1031
1032	1032	SB1482 - 28 - LRB104 06901 BAB 16937 b
1033	1033
1034	1034
1035	1035	SB1482- 29 -LRB104 06901 BAB 16937 b SB1482 - 29 - LRB104 06901 BAB 16937 b
1036	1036	SB1482 - 29 - LRB104 06901 BAB 16937 b
1037	1037	1 made and the time and place for the hearing on the charges,
1038	1038	2 (ii) direct the person to file a written answer to the charges
1039	1039	3 under oath within 20 days after the service of the notice, and
1040	1040	4 (iii) inform the applicant or licensee that failure to file an
1041	1041	5 answer will result in a default being entered against the
1042	1042	6 applicant or licensee.
1043	1043	7 (c) Written or electronic notice, and any notice in the
1044	1044	8 subsequent proceeding, may be served by personal delivery, by
1045	1045	9 email, or by mail to the applicant or licensee at the
1046	1046	10 applicant's or licensee's address of record or email address
1047	1047	11 of record.
1048	1048	12 (d) At the time and place fixed in the notice, the Board or
1049	1049	13 hearing officer appointed by the Secretary shall proceed to
1050	1050	14 hear the charges and the parties or their counsel shall be
1051	1051	15 accorded ample opportunity to present any statements,
1052	1052	16 testimony, evidence, and argument as may be pertinent to the
1053	1053	17 charges or to their defense. The Board or hearing officer may
1054	1054	18 continue the hearing from time to time.
1055	1055	19 (e) In case the person, after receiving the notice, fails
1056	1056	20 to file an answer, the person's license may, in the discretion
1057	1057	21 of the Secretary, having first received the recommendation of
1058	1058	22 the Board, be suspended, revoked, or placed on probationary
1059	1059	23 status, or be subject to whatever disciplinary action the
1060	1060	24 Secretary deems proper, including limiting the scope, nature,
1061	1061	25 or extent of the person's practice or the imposition of a fine,
1062	1062	26 without hearing, if the act or acts charged constitute
1063	1063
1064	1064
1065	1065
1066	1066
1067	1067
1068	1068	SB1482 - 29 - LRB104 06901 BAB 16937 b
1069	1069
1070	1070
1071	1071	SB1482- 30 -LRB104 06901 BAB 16937 b SB1482 - 30 - LRB104 06901 BAB 16937 b
1072	1072	SB1482 - 30 - LRB104 06901 BAB 16937 b
1073	1073	1 sufficient grounds for that action under the Act.
1074	1074	2 Section 115. Record of proceedings; transcript. The
1075	1075	3 Department, at its expense, shall preserve a record of all
1076	1076	4 proceedings at the formal hearing of any case. The notice of
1077	1077	5 hearing, complaint, all other documents in the nature of
1078	1078	6 pleadings, written motions filed in the proceedings, the
1079	1079	7 transcript of testimony, the report of the Board, and orders
1080	1080	8 of the Department shall be in the record of such proceeding.
1081	1081	9 The Department shall furnish a copy of the record to any person
1082	1082	10 upon payment of the fee required under Section 2105-115 of the
1083	1083	11 Department of Professional Regulation Law.
1084	1084	12 Section 120. Subpoenas; depositions; oaths. The Department
1085	1085	13 shall have the power to subpoena and to bring before it any
1086	1086	14 person and to take testimony either orally or by deposition,
1087	1087	15 or both, with the same fees and mileage and in the same manner
1088	1088	16 as prescribed in civil cases in the courts of this State.
1089	1089	17 The Secretary, the designated hearing officer, and every
1090	1090	18 member of the Board shall have power to administer oaths to
1091	1091	19 witnesses at any hearing which the Department is authorized to
1092	1092	20 conduct, and any other oath authorized in any Act administered
1093	1093	21 by the Department.
1094	1094	22 Section 125. Compelling testimony. Any court, upon
1095	1095	23 application of the Department, designated hearing officer, or
1096	1096
1097	1097
1098	1098
1099	1099
1100	1100
1101	1101	SB1482 - 30 - LRB104 06901 BAB 16937 b
1102	1102
1103	1103
1104	1104	SB1482- 31 -LRB104 06901 BAB 16937 b SB1482 - 31 - LRB104 06901 BAB 16937 b
1105	1105	SB1482 - 31 - LRB104 06901 BAB 16937 b
1106	1106	1 the applicant or licensee against whom proceedings under this
1107	1107	2 Act are pending, may enter an order requiring the attendance
1108	1108	3 of witnesses and their testimony, and the production of
1109	1109	4 papers, files, books, and records in connection with any
1110	1110	5 hearing or investigation. The court may compel obedience to
1111	1111	6 its order by proceedings for contempt.
1112	1112	7 Section 130. Findings and recommendations. At the
1113	1113	8 conclusion of the hearing, the Board shall present to the
1114	1114	9 Secretary a written report of its findings of fact,
1115	1115	10 conclusions of law, and recommendations. The report shall
1116	1116	11 contain a finding whether or not the licensee violated this
1117	1117	12 Act or failed to comply with the conditions required in this
1118	1118	13 Act. The Board shall specify the nature of the violation or
1119	1119	14 failure to comply, and shall make its recommendations to the
1120	1120	15 Secretary.
1121	1121	16 Section 135. Hearing; motion for rehearing.
1122	1122	17 (a) The Board or hearing officer appointed by the
1123	1123	18 Secretary shall hear evidence in support of the formal charges
1124	1124	19 and evidence produced by the licensee. At the conclusion of
1125	1125	20 the hearing, the Board shall present to the Secretary a
1126	1126	21 written report of its findings of fact, conclusions of law,
1127	1127	22 and recommendations.
1128	1128	23 (b) At the conclusion of the hearing, a copy of the hearing
1129	1129	24 officer's or Board's report shall be served upon the applicant
1130	1130
1131	1131
1132	1132
1133	1133
1134	1134
1135	1135	SB1482 - 31 - LRB104 06901 BAB 16937 b
1136	1136
1137	1137
1138	1138	SB1482- 32 -LRB104 06901 BAB 16937 b SB1482 - 32 - LRB104 06901 BAB 16937 b
1139	1139	SB1482 - 32 - LRB104 06901 BAB 16937 b
1140	1140	1 or licensee by the Department, either personally or as
1141	1141	2 provided in this Act for the service of the notice of hearing.
1142	1142	3 Within 20 calendar days after service, the applicant or
1143	1143	4 licensee may present to the Secretary a motion in writing for a
1144	1144	5 rehearing which shall specify the particular grounds for
1145	1145	6 rehearing. The Department may respond to the motion for
1146	1146	7 rehearing within 20 calendar days after its service on the
1147	1147	8 Department. If no motion for rehearing is filed, then upon the
1148	1148	9 expiration of the time specified for filing such a motion, or
1149	1149	10 upon denial of a motion for rehearing, the Secretary may enter
1150	1150	11 an order in accordance with the recommendations of the Board
1151	1151	12 or hearing officer. If the applicant or licensee orders from
1152	1152	13 the reporting service and pays for a transcript of the record
1153	1153	14 within the time for filing a motion for rehearing, the 20-day
1154	1154	15 period within which a motion may be filed shall commence upon
1155	1155	16 the delivery of the transcript to the applicant or licensee.
1156	1156	17 (c) If the Secretary disagrees in any regard with the
1157	1157	18 report of the Board, the Secretary may issue an order contrary
1158	1158	19 to the report.
1159	1159	20 (d) Whenever the Secretary is not satisfied that
1160	1160	21 substantial justice has been done, the Secretary may order a
1161	1161	22 rehearing by the same or another hearing officer.
1162	1162	23 (e) At any point in any investigation or disciplinary
1163	1163	24 proceeding provided for in this Act, both parties may agree to
1164	1164	25 a negotiated consent order. The consent order shall be final
1165	1165	26 upon signature of the Secretary.
1166	1166
1167	1167
1168	1168
1169	1169
1170	1170
1171	1171	SB1482 - 32 - LRB104 06901 BAB 16937 b
1172	1172
1173	1173
1174	1174	SB1482- 33 -LRB104 06901 BAB 16937 b SB1482 - 33 - LRB104 06901 BAB 16937 b
1175	1175	SB1482 - 33 - LRB104 06901 BAB 16937 b
1176	1176	1 Section 140. Appointment of a hearing officer.
1177	1177	2 Notwithstanding any other provision of this Act, the Secretary
1178	1178	3 has the authority to appoint any attorney duly licensed to
1179	1179	4 practice law in the State of Illinois to serve as the hearing
1180	1180	5 officer in any action for refusal to issue or renew a license
1181	1181	6 or to discipline a licensee. The hearing officer shall have
1182	1182	7 full authority to conduct the hearing. The hearing officer
1183	1183	8 shall report the hearing officer's findings of fact,
1184	1184	9 conclusions of law, and recommendations to the Board.
1185	1185	10 Section 145. Order or certified copy thereof; prima facie
1186	1186	11 proof. An order or a certified copy thereof, over the seal of
1187	1187	12 the Department and purporting to be signed by the Secretary,
1188	1188	13 shall be prima facie proof that:
1189	1189	14 (1) such signature is the genuine signature of the
1190	1190	15 Secretary;
1191	1191	16 (2) such Secretary is duly appointed and qualified;
1192	1192	17 and
1193	1193	18 (3) the Board and the members thereof are qualified to
1194	1194	19 act.
1195	1195	20 Section 150. Restoration. At any time after the successful
1196	1196	21 completion of the minimum term of probation, suspension, or
1197	1197	22 revocation of any license, the Department may restore the
1198	1198	23 license to the licensee upon the written recommendation of the
1199	1199
1200	1200
1201	1201
1202	1202
1203	1203
1204	1204	SB1482 - 33 - LRB104 06901 BAB 16937 b
1205	1205
1206	1206
1207	1207	SB1482- 34 -LRB104 06901 BAB 16937 b SB1482 - 34 - LRB104 06901 BAB 16937 b
1208	1208	SB1482 - 34 - LRB104 06901 BAB 16937 b
1209	1209	1 Board unless after an investigation and hearing the Board or
1210	1210	2 Secretary determines that restoration is not in the public
1211	1211	3 interest. Where circumstances of suspension or revocation so
1212	1212	4 indicate, the Secretary may require an examination of the
1213	1213	5 licensee prior to restoring the license. No person whose
1214	1214	6 license has been revoked as authorized in this Act may apply
1215	1215	7 for restoration of that license until such time as provided
1216	1216	8 for in the Civil Administrative Code of Illinois.
1217	1217	9 Section 155. Surrender of license. Upon the revocation or
1218	1218	10 suspension of any license, the licensee shall immediately
1219	1219	11 surrender the license to the Department. If the licensee fails
1220	1220	12 to do so, the Department shall have the right to seize the
1221	1221	13 license.
1222	1222	14 Section 160. Summary suspension of a license. The
1223	1223	15 Secretary may summarily suspend the license of a certified
1224	1224	16 anesthesiologist assistant without a hearing simultaneously
1225	1225	17 with the institution of proceedings for a hearing provided for
1226	1226	18 in this Act if the Secretary finds that evidence in the
1227	1227	19 Secretary's possession indicates that a licensee's
1228	1228	20 continuation in practice would constitute an imminent danger
1229	1229	21 to the public. In the event the Secretary summarily suspends
1230	1230	22 such license without a hearing, a hearing by the Board or
1231	1231	23 hearing officer shall be commenced within 30 calendar days
1232	1232	24 after the suspension has occurred.
1233	1233
1234	1234
1235	1235
1236	1236
1237	1237
1238	1238	SB1482 - 34 - LRB104 06901 BAB 16937 b
1239	1239
1240	1240
1241	1241	SB1482- 35 -LRB104 06901 BAB 16937 b SB1482 - 35 - LRB104 06901 BAB 16937 b
1242	1242	SB1482 - 35 - LRB104 06901 BAB 16937 b
1243	1243	1 Section 165. Administrative review.
1244	1244	2 (a) All final administrative decisions of the Secretary
1245	1245	3 are subject to judicial review pursuant to the Administrative
1246	1246	4 Review Law and all rules adopted pursuant thereto. The term
1247	1247	5 "administrative decision" is defined as in Section 3-101 of
1248	1248	6 the Code of Civil Procedure.
1249	1249	7 (b) Proceedings for judicial review shall be commenced in
1250	1250	8 the circuit court of the county in which the party applying for
1251	1251	9 review resides, but if the party is not a resident of Illinois,
1252	1252	10 the venue shall be in Sangamon County.
1253	1253	11 Section 170. Certification of record; costs. The
1254	1254	12 Department shall not be required to certify any record to the
1255	1255	13 court, to file an answer in court, or to otherwise appear in
1256	1256	14 any court in a judicial review proceeding, unless and until
1257	1257	15 the Department has received from the plaintiff payment of the
1258	1258	16 cost of furnishing and certifying the record, which costs
1259	1259	17 shall be determined by the Department. Failure on the part of
1260	1260	18 the plaintiff to file a receipt in court shall be grounds for
1261	1261	19 dismissal of the action.
1262	1262	20 Section 175. Confidentiality. All information collected by
1263	1263	21 the Department in the course of an examination or
1264	1264	22 investigation of a licensee or applicant, including, but not
1265	1265	23 limited to, any complaint against a licensee filed with the
1266	1266
1267	1267
1268	1268
1269	1269
1270	1270
1271	1271	SB1482 - 35 - LRB104 06901 BAB 16937 b
1272	1272
1273	1273
1274	1274	SB1482- 36 -LRB104 06901 BAB 16937 b SB1482 - 36 - LRB104 06901 BAB 16937 b
1275	1275	SB1482 - 36 - LRB104 06901 BAB 16937 b
1276	1276	1 Department and information collected to investigate any such
1277	1277	2 complaint, shall be maintained for the confidential use of the
1278	1278	3 Department and shall not be disclosed. The Department may not
1279	1279	4 disclose the information to anyone other than law enforcement
1280	1280	5 officials, other regulatory agencies that have an appropriate
1281	1281	6 regulatory interest as determined by the Secretary, or a party
1282	1282	7 presenting a lawful subpoena to the Department. Information
1283	1283	8 and documents disclosed to a federal, State, county, or local
1284	1284	9 law enforcement agency shall not be disclosed by the agency
1285	1285	10 for any purpose to any other agency or person. A formal
1286	1286	11 complaint filed against a licensee by the Department or any
1287	1287	12 order issued by the Department against a licensee or applicant
1288	1288	13 shall be a public record, except as otherwise prohibited by
1289	1289	14 law.
1290	1290	15 Section 180. Illinois Administrative Procedure Act. The
1291	1291	16 Illinois Administrative Procedure Act is hereby expressly
1292	1292	17 adopted and incorporated herein as if all of the provisions of
1293	1293	18 that Act were included in this Act, except that the provision
1294	1294	19 of subsection (d) of Section 10-65 of the Illinois
1295	1295	20 Administrative Procedure Act that provides that at hearings
1296	1296	21 the licensee has the right to show compliance with all lawful
1297	1297	22 requirements for retention, continuation, or renewal of the
1298	1298	23 license is specifically excluded.
1299	1299	24 Section 185. Home rule. It is declared to be the public
1300	1300
1301	1301
1302	1302
1303	1303
1304	1304
1305	1305	SB1482 - 36 - LRB104 06901 BAB 16937 b
1306	1306
1307	1307
1308	1308	SB1482- 37 -LRB104 06901 BAB 16937 b SB1482 - 37 - LRB104 06901 BAB 16937 b
1309	1309	SB1482 - 37 - LRB104 06901 BAB 16937 b
1310	1310	1 policy of this State, pursuant to paragraph (h) of Section 6 of
1311	1311	2 Article VII of the Illinois Constitution of 1970, that any
1312	1312	3 power or function set forth in this Act to be exercised by the
1313	1313	4 State is an exclusive State power or function. Such power or
1314	1314	5 function shall not be exercised concurrently, either directly
1315	1315	6 or indirectly, by any unit of local government, including home
1316	1316	7 rule units, except as otherwise provided in this Act.
1317	1317	8 Section 900. The Regulatory Sunset Act is amended by
1318	1318	9 changing Section 4.40 as follows:
1319	1319	10 (5 ILCS 80/4.40)
1320	1320	11 Sec. 4.40. Acts repealed on January 1, 2030. The following
1321	1321	12 Acts are repealed on January 1, 2030:
1322	1322	13 The Auction License Act.
1323	1323	14 The Certified Anesthesiologist Assistant Practice Act.
1324	1324	15 The Genetic Counselor Licensing Act.
1325	1325	16 The Illinois Architecture Practice Act of 1989.
1326	1326	17 The Illinois Certified Shorthand Reporters Act of 1984.
1327	1327	18 The Illinois Professional Land Surveyor Act of 1989.
1328	1328	19 The Orthotics, Prosthetics, and Pedorthics Practice Act.
1329	1329	20 The Perfusionist Practice Act.
1330	1330	21 The Professional Engineering Practice Act of 1989.
1331	1331	22 The Real Estate License Act of 2000.
1332	1332	23 The Structural Engineering Practice Act of 1989.
1333	1333	24 (Source: P.A. 102-558, eff. 8-20-21; 103-763, eff. 1-1-25;
1334	1334
1335	1335
1336	1336
1337	1337
1338	1338
1339	1339	SB1482 - 37 - LRB104 06901 BAB 16937 b
1340	1340
1341	1341
1342	1342	SB1482- 38 -LRB104 06901 BAB 16937 b SB1482 - 38 - LRB104 06901 BAB 16937 b
1343	1343	SB1482 - 38 - LRB104 06901 BAB 16937 b
1344	1344	1 103-816, eff. 8-9-24; revised 11-26-24.)
1345	1345	2 Section 905. The Ambulatory Surgical Treatment Center Act
1346	1346	3 is amended by changing Section 6.5 as follows:
1347	1347	4 (210 ILCS 5/6.5)
1348	1348	5 Sec. 6.5. Clinical privileges; advanced practice
1349	1349	6 registered nurses. All ambulatory surgical treatment centers
1350	1350	7 (ASTC) licensed under this Act shall comply with the following
1351	1351	8 requirements:
1352	1352	9 (1) No ASTC policy, rule, regulation, or practice
1353	1353	10 shall be inconsistent with the provision of adequate
1354	1354	11 collaboration and consultation in accordance with Section
1355	1355	12 54.5 of the Medical Practice Act of 1987.
1356	1356	13 (2) Operative surgical procedures shall be performed
1357	1357	14 only by a physician licensed to practice medicine in all
1358	1358	15 its branches under the Medical Practice Act of 1987, a
1359	1359	16 dentist licensed under the Illinois Dental Practice Act,
1360	1360	17 or a podiatric physician licensed under the Podiatric
1361	1361	18 Medical Practice Act of 1987, with medical staff
1362	1362	19 membership and surgical clinical privileges granted by the
1363	1363	20 consulting committee of the ASTC. A licensed physician,
1364	1364	21 dentist, or podiatric physician may be assisted by a
1365	1365	22 physician licensed to practice medicine in all its
1366	1366	23 branches, dentist, dental assistant, podiatric physician,
1367	1367	24 licensed advanced practice registered nurse, licensed
1368	1368
1369	1369
1370	1370
1371	1371
1372	1372
1373	1373	SB1482 - 38 - LRB104 06901 BAB 16937 b
1374	1374
1375	1375
1376	1376	SB1482- 39 -LRB104 06901 BAB 16937 b SB1482 - 39 - LRB104 06901 BAB 16937 b
1377	1377	SB1482 - 39 - LRB104 06901 BAB 16937 b
1378	1378	1 physician assistant, licensed registered nurse, licensed
1379	1379	2 practical nurse, surgical assistant, surgical technician,
1380	1380	3 licensed certified anesthesiologist assistant, or other
1381	1381	4 individuals granted clinical privileges to assist in
1382	1382	5 surgery by the consulting committee of the ASTC. Payment
1383	1383	6 for services rendered by an assistant in surgery who is
1384	1384	7 not an ambulatory surgical treatment center employee shall
1385	1385	8 be paid at the appropriate non-physician modifier rate if
1386	1386	9 the payor would have made payment had the same services
1387	1387	10 been provided by a physician.
1388	1388	11 (2.5) A registered nurse licensed under the Nurse
1389	1389	12 Practice Act and qualified by training and experience in
1390	1390	13 operating room nursing shall be present in the operating
1391	1391	14 room and function as the circulating nurse during all
1392	1392	15 invasive or operative procedures. For purposes of this
1393	1393	16 paragraph (2.5), "circulating nurse" means a registered
1394	1394	17 nurse who is responsible for coordinating all nursing
1395	1395	18 care, patient safety needs, and the needs of the surgical
1396	1396	19 team in the operating room during an invasive or operative
1397	1397	20 procedure.
1398	1398	21 (3) An advanced practice registered nurse is not
1399	1399	22 required to possess prescriptive authority or a written
1400	1400	23 collaborative agreement meeting the requirements of the
1401	1401	24 Nurse Practice Act to provide advanced practice registered
1402	1402	25 nursing services in an ambulatory surgical treatment
1403	1403	26 center. An advanced practice registered nurse must possess
1404	1404
1405	1405
1406	1406
1407	1407
1408	1408
1409	1409	SB1482 - 39 - LRB104 06901 BAB 16937 b
1410	1410
1411	1411
1412	1412	SB1482- 40 -LRB104 06901 BAB 16937 b SB1482 - 40 - LRB104 06901 BAB 16937 b
1413	1413	SB1482 - 40 - LRB104 06901 BAB 16937 b
1414	1414	1 clinical privileges granted by the consulting medical
1415	1415	2 staff committee and ambulatory surgical treatment center
1416	1416	3 in order to provide services. Individual advanced practice
1417	1417	4 registered nurses may also be granted clinical privileges
1418	1418	5 to order, select, and administer medications, including
1419	1419	6 controlled substances, to provide delineated care. The
1420	1420	7 attending physician must determine the advanced practice
1421	1421	8 registered nurse's role in providing care for his or her
1422	1422	9 patients, except as otherwise provided in the consulting
1423	1423	10 staff policies. The consulting medical staff committee
1424	1424	11 shall periodically review the services of advanced
1425	1425	12 practice registered nurses granted privileges.
1426	1426	13 (4) The anesthesia service shall be under the
1427	1427	14 direction of a physician licensed to practice medicine in
1428	1428	15 all its branches who has had specialized preparation or
1429	1429	16 experience in the area or who has completed a residency in
1430	1430	17 anesthesiology. An anesthesiologist, Board certified or
1431	1431	18 Board eligible, is recommended. Anesthesia services may
1432	1432	19 only be administered pursuant to the order of a physician
1433	1433	20 licensed to practice medicine in all its branches,
1434	1434	21 licensed dentist, or licensed podiatric physician.
1435	1435	22 (A) The individuals who, with clinical privileges
1436	1436	23 granted by the medical staff and ASTC, may administer
1437	1437	24 anesthesia services are limited to the following:
1438	1438	25 (i) an anesthesiologist; or
1439	1439	26 (ii) a physician licensed to practice medicine
1440	1440
1441	1441
1442	1442
1443	1443
1444	1444
1445	1445	SB1482 - 40 - LRB104 06901 BAB 16937 b
1446	1446
1447	1447
1448	1448	SB1482- 41 -LRB104 06901 BAB 16937 b SB1482 - 41 - LRB104 06901 BAB 16937 b
1449	1449	SB1482 - 41 - LRB104 06901 BAB 16937 b
1450	1450	1 in all its branches; or
1451	1451	2 (iii) a dentist with authority to administer
1452	1452	3 anesthesia under Section 8.1 of the Illinois
1453	1453	4 Dental Practice Act; or
1454	1454	5 (iv) a licensed certified registered nurse
1455	1455	6 anesthetist; or
1456	1456	7 (v) a podiatric physician licensed under the
1457	1457	8 Podiatric Medical Practice Act of 1987; or .
1458	1458	9 (vi) a licensed certified anesthesiologist
1459	1459	10 assistant under the supervision of an
1460	1460	11 anesthesiologist.
1461	1461	12 (B) For anesthesia services, an anesthesiologist
1462	1462	13 shall participate through discussion of and agreement
1463	1463	14 with the anesthesia plan and shall remain physically
1464	1464	15 present and be available on the premises during the
1465	1465	16 delivery of anesthesia services for diagnosis,
1466	1466	17 consultation, and treatment of emergency medical
1467	1467	18 conditions. In the absence of 24-hour availability of
1468	1468	19 anesthesiologists with clinical privileges, an
1469	1469	20 alternate policy (requiring participation, presence,
1470	1470	21 and availability of a physician licensed to practice
1471	1471	22 medicine in all its branches) shall be developed by
1472	1472	23 the medical staff consulting committee in consultation
1473	1473	24 with the anesthesia service and included in the
1474	1474	25 medical staff consulting committee policies.
1475	1475	26 (C) A certified registered nurse anesthetist is
1476	1476
1477	1477
1478	1478
1479	1479
1480	1480
1481	1481	SB1482 - 41 - LRB104 06901 BAB 16937 b
1482	1482
1483	1483
1484	1484	SB1482- 42 -LRB104 06901 BAB 16937 b SB1482 - 42 - LRB104 06901 BAB 16937 b
1485	1485	SB1482 - 42 - LRB104 06901 BAB 16937 b
1486	1486	1 not required to possess prescriptive authority or a
1487	1487	2 written collaborative agreement meeting the
1488	1488	3 requirements of Section 65-35 of the Nurse Practice
1489	1489	4 Act to provide anesthesia services ordered by a
1490	1490	5 licensed physician, dentist, or podiatric physician.
1491	1491	6 Licensed certified registered nurse anesthetists are
1492	1492	7 authorized to select, order, and administer drugs and
1493	1493	8 apply the appropriate medical devices in the provision
1494	1494	9 of anesthesia services under the anesthesia plan
1495	1495	10 agreed with by the anesthesiologist or, in the absence
1496	1496	11 of an available anesthesiologist with clinical
1497	1497	12 privileges, agreed with by the operating physician,
1498	1498	13 operating dentist, or operating podiatric physician in
1499	1499	14 accordance with the medical staff consulting committee
1500	1500	15 policies of a licensed ambulatory surgical treatment
1501	1501	16 center.
1502	1502	17 (Source: P.A. 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
1503	1503	18 Section 910. The Hospital Licensing Act is amended by
1504	1504	19 changing Section 10.7 as follows:
1505	1505	20 (210 ILCS 85/10.7)
1506	1506	21 Sec. 10.7. Clinical privileges; advanced practice
1507	1507	22 registered nurses. All hospitals licensed under this Act
1508	1508	23 shall comply with the following requirements:
1509	1509	24 (1) No hospital policy, rule, regulation, or practice
1510	1510
1511	1511
1512	1512
1513	1513
1514	1514
1515	1515	SB1482 - 42 - LRB104 06901 BAB 16937 b
1516	1516
1517	1517
1518	1518	SB1482- 43 -LRB104 06901 BAB 16937 b SB1482 - 43 - LRB104 06901 BAB 16937 b
1519	1519	SB1482 - 43 - LRB104 06901 BAB 16937 b
1520	1520	1 shall be inconsistent with the provision of adequate
1521	1521	2 collaboration and consultation in accordance with Section
1522	1522	3 54.5 of the Medical Practice Act of 1987.
1523	1523	4 (2) Operative surgical procedures shall be performed
1524	1524	5 only by a physician licensed to practice medicine in all
1525	1525	6 its branches under the Medical Practice Act of 1987, a
1526	1526	7 dentist licensed under the Illinois Dental Practice Act,
1527	1527	8 or a podiatric physician licensed under the Podiatric
1528	1528	9 Medical Practice Act of 1987, with medical staff
1529	1529	10 membership and surgical clinical privileges granted at the
1530	1530	11 hospital. A licensed physician, dentist, or podiatric
1531	1531	12 physician may be assisted by a physician licensed to
1532	1532	13 practice medicine in all its branches, dentist, dental
1533	1533	14 assistant, podiatric physician, licensed advanced practice
1534	1534	15 registered nurse, licensed physician assistant, licensed
1535	1535	16 registered nurse, licensed practical nurse, surgical
1536	1536	17 assistant, surgical technician, licensed certified
1537	1537	18 anesthesiologist assistant, or other individuals granted
1538	1538	19 clinical privileges to assist in surgery at the hospital.
1539	1539	20 Payment for services rendered by an assistant in surgery
1540	1540	21 who is not a hospital employee shall be paid at the
1541	1541	22 appropriate non-physician modifier rate if the payor would
1542	1542	23 have made payment had the same services been provided by a
1543	1543	24 physician.
1544	1544	25 (2.5) A registered nurse licensed under the Nurse
1545	1545	26 Practice Act and qualified by training and experience in
1546	1546
1547	1547
1548	1548
1549	1549
1550	1550
1551	1551	SB1482 - 43 - LRB104 06901 BAB 16937 b
1552	1552
1553	1553
1554	1554	SB1482- 44 -LRB104 06901 BAB 16937 b SB1482 - 44 - LRB104 06901 BAB 16937 b
1555	1555	SB1482 - 44 - LRB104 06901 BAB 16937 b
1556	1556	1 operating room nursing shall be present in the operating
1557	1557	2 room and function as the circulating nurse during all
1558	1558	3 invasive or operative procedures. For purposes of this
1559	1559	4 paragraph (2.5), "circulating nurse" means a registered
1560	1560	5 nurse who is responsible for coordinating all nursing
1561	1561	6 care, patient safety needs, and the needs of the surgical
1562	1562	7 team in the operating room during an invasive or operative
1563	1563	8 procedure.
1564	1564	9 (3) An advanced practice registered nurse is not
1565	1565	10 required to possess prescriptive authority or a written
1566	1566	11 collaborative agreement meeting the requirements of the
1567	1567	12 Nurse Practice Act to provide advanced practice registered
1568	1568	13 nursing services in a hospital. An advanced practice
1569	1569	14 registered nurse must possess clinical privileges
1570	1570	15 recommended by the medical staff and granted by the
1571	1571	16 hospital in order to provide services. Individual advanced
1572	1572	17 practice registered nurses may also be granted clinical
1573	1573	18 privileges to order, select, and administer medications,
1574	1574	19 including controlled substances, to provide delineated
1575	1575	20 care. The attending physician must determine the advanced
1576	1576	21 practice registered nurse's role in providing care for his
1577	1577	22 or her patients, except as otherwise provided in medical
1578	1578	23 staff bylaws. The medical staff shall periodically review
1579	1579	24 the services of advanced practice registered nurses
1580	1580	25 granted privileges. This review shall be conducted in
1581	1581	26 accordance with item (2) of subsection (a) of Section 10.8
1582	1582
1583	1583
1584	1584
1585	1585
1586	1586
1587	1587	SB1482 - 44 - LRB104 06901 BAB 16937 b
1588	1588
1589	1589
1590	1590	SB1482- 45 -LRB104 06901 BAB 16937 b SB1482 - 45 - LRB104 06901 BAB 16937 b
1591	1591	SB1482 - 45 - LRB104 06901 BAB 16937 b
1592	1592	1 of this Act for advanced practice registered nurses
1593	1593	2 employed by the hospital.
1594	1594	3 (4) The anesthesia service shall be under the
1595	1595	4 direction of a physician licensed to practice medicine in
1596	1596	5 all its branches who has had specialized preparation or
1597	1597	6 experience in the area or who has completed a residency in
1598	1598	7 anesthesiology. An anesthesiologist, Board certified or
1599	1599	8 Board eligible, is recommended. Anesthesia services may
1600	1600	9 only be administered pursuant to the order of a physician
1601	1601	10 licensed to practice medicine in all its branches,
1602	1602	11 licensed dentist, or licensed podiatric physician.
1603	1603	12 (A) The individuals who, with clinical privileges
1604	1604	13 granted at the hospital, may administer anesthesia
1605	1605	14 services are limited to the following:
1606	1606	15 (i) an anesthesiologist; or
1607	1607	16 (ii) a physician licensed to practice medicine
1608	1608	17 in all its branches; or
1609	1609	18 (iii) a dentist with authority to administer
1610	1610	19 anesthesia under Section 8.1 of the Illinois
1611	1611	20 Dental Practice Act; or
1612	1612	21 (iv) a licensed certified registered nurse
1613	1613	22 anesthetist; or
1614	1614	23 (v) a podiatric physician licensed under the
1615	1615	24 Podiatric Medical Practice Act of 1987; or .
1616	1616	25 (vi) a licensed certified anesthesiologist
1617	1617	26 assistant under the supervision of an
1618	1618
1619	1619
1620	1620
1621	1621
1622	1622
1623	1623	SB1482 - 45 - LRB104 06901 BAB 16937 b
1624	1624
1625	1625
1626	1626	SB1482- 46 -LRB104 06901 BAB 16937 b SB1482 - 46 - LRB104 06901 BAB 16937 b
1627	1627	SB1482 - 46 - LRB104 06901 BAB 16937 b
1628	1628	1 anesthesiologist.
1629	1629	2 (B) For anesthesia services, an anesthesiologist
1630	1630	3 shall participate through discussion of and agreement
1631	1631	4 with the anesthesia plan and shall remain physically
1632	1632	5 present and be available on the premises during the
1633	1633	6 delivery of anesthesia services for diagnosis,
1634	1634	7 consultation, and treatment of emergency medical
1635	1635	8 conditions. In the absence of 24-hour availability of
1636	1636	9 anesthesiologists with medical staff privileges, an
1637	1637	10 alternate policy (requiring participation, presence,
1638	1638	11 and availability of a physician licensed to practice
1639	1639	12 medicine in all its branches) shall be developed by
1640	1640	13 the medical staff and licensed hospital in
1641	1641	14 consultation with the anesthesia service.
1642	1642	15 (C) A certified registered nurse anesthetist is
1643	1643	16 not required to possess prescriptive authority or a
1644	1644	17 written collaborative agreement meeting the
1645	1645	18 requirements of Section 65-35 of the Nurse Practice
1646	1646	19 Act to provide anesthesia services ordered by a
1647	1647	20 licensed physician, dentist, or podiatric physician.
1648	1648	21 Licensed certified registered nurse anesthetists are
1649	1649	22 authorized to select, order, and administer drugs and
1650	1650	23 apply the appropriate medical devices in the provision
1651	1651	24 of anesthesia services under the anesthesia plan
1652	1652	25 agreed with by the anesthesiologist or, in the absence
1653	1653	26 of an available anesthesiologist with clinical
1654	1654
1655	1655
1656	1656
1657	1657
1658	1658
1659	1659	SB1482 - 46 - LRB104 06901 BAB 16937 b
1660	1660
1661	1661
1662	1662	SB1482- 47 -LRB104 06901 BAB 16937 b SB1482 - 47 - LRB104 06901 BAB 16937 b
1663	1663	SB1482 - 47 - LRB104 06901 BAB 16937 b
1664	1664	1 privileges, agreed with by the operating physician,
1665	1665	2 operating dentist, or operating podiatric physician in
1666	1666	3 accordance with the hospital's alternative policy.
1667	1667	4 (Source: P.A. 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
1668	1668	5 Section 915. The Medical Practice Act of 1987 is amended
1669	1669	6 by changing Sections 7.1 and 54.5 and by adding Section 54.7 as
1670	1670	7 follows:
1671	1671	8 (225 ILCS 60/7.1)
1672	1672	9 (Section scheduled to be repealed on January 1, 2027)
1673	1673	10 Sec. 7.1. Medical Board.
1674	1674	11 (A) There is hereby created the Illinois State Medical
1675	1675	12 Board. The Medical Board shall consist of 18 17 members, to be
1676	1676	13 appointed by the Governor by and with the advice and consent of
1677	1677	14 the Senate. All members shall be residents of the State, not
1678	1678	15 more than 9 8 of whom shall be members of the same political
1679	1679	16 party. All members shall be voting members. Eight members
1680	1680	17 shall be physicians licensed to practice medicine in all of
1681	1681	18 its branches in Illinois possessing the degree of doctor of
1682	1682	19 medicine. Two members shall be physicians licensed to practice
1683	1683	20 medicine in all its branches in Illinois possessing the degree
1684	1684	21 of doctor of osteopathy or osteopathic medicine. Two of the
1685	1685	22 physician members shall be physicians who collaborate with
1686	1686	23 physician assistants. Two members shall be chiropractic
1687	1687	24 physicians licensed to practice in Illinois and possessing the
1688	1688
1689	1689
1690	1690
1691	1691
1692	1692
1693	1693	SB1482 - 47 - LRB104 06901 BAB 16937 b
1694	1694
1695	1695
1696	1696	SB1482- 48 -LRB104 06901 BAB 16937 b SB1482 - 48 - LRB104 06901 BAB 16937 b
1697	1697	SB1482 - 48 - LRB104 06901 BAB 16937 b
1698	1698	1 degree of doctor of chiropractic. Two members shall be
1699	1699	2 physician assistants licensed to practice in Illinois. One
1700	1700	3 member shall be a certified anesthesiologist assistant
1701	1701	4 licensed to practice in Illinois. Three members shall be
1702	1702	5 members of the public, who shall not be engaged in any way,
1703	1703	6 directly or indirectly, as providers of health care.
1704	1704	7 (B) Members of the Medical Board shall be appointed for
1705	1705	8 terms of 4 years. Upon the expiration of the term of any
1706	1706	9 member, their successor shall be appointed for a term of 4
1707	1707	10 years by the Governor by and with the advice and consent of the
1708	1708	11 Senate. The Governor shall fill any vacancy for the remainder
1709	1709	12 of the unexpired term with the advice and consent of the
1710	1710	13 Senate. Upon recommendation of the Medical Board, any member
1711	1711	14 of the Medical Board may be removed by the Governor for
1712	1712	15 misfeasance, malfeasance, or willful neglect of duty, after
1713	1713	16 notice, and a public hearing, unless such notice and hearing
1714	1714	17 shall be expressly waived in writing. Each member shall serve
1715	1715	18 on the Medical Board until their successor is appointed and
1716	1716	19 qualified. No member of the Medical Board shall serve more
1717	1717	20 than 2 consecutive 4-year terms.
1718	1718	21 In making appointments the Governor shall attempt to
1719	1719	22 ensure that the various social and geographic regions of the
1720	1720	23 State of Illinois are properly represented.
1721	1721	24 In making the designation of persons to act for the
1722	1722	25 several professions represented on the Medical Board, the
1723	1723	26 Governor shall give due consideration to recommendations by
1724	1724
1725	1725
1726	1726
1727	1727
1728	1728
1729	1729	SB1482 - 48 - LRB104 06901 BAB 16937 b
1730	1730
1731	1731
1732	1732	SB1482- 49 -LRB104 06901 BAB 16937 b SB1482 - 49 - LRB104 06901 BAB 16937 b
1733	1733	SB1482 - 49 - LRB104 06901 BAB 16937 b
1734	1734	1 members of the respective professions and by organizations
1735	1735	2 therein.
1736	1736	3 (C) The Medical Board shall annually elect one of its
1737	1737	4 voting members as chairperson and one as vice chairperson. No
1738	1738	5 officer shall be elected more than twice in succession to the
1739	1739	6 same office. Each officer shall serve until their successor
1740	1740	7 has been elected and qualified.
1741	1741	8 (D) A majority of the Medical Board members currently
1742	1742	9 appointed shall constitute a quorum. A vacancy in the
1743	1743	10 membership of the Medical Board shall not impair the right of a
1744	1744	11 quorum to exercise all the rights and perform all the duties of
1745	1745	12 the Medical Board. Any action taken by the Medical Board under
1746	1746	13 this Act may be authorized by resolution at any regular or
1747	1747	14 special meeting and each such resolution shall take effect
1748	1748	15 immediately. The Medical Board shall meet at least quarterly.
1749	1749	16 (E) Each member shall be paid their necessary expenses
1750	1750	17 while engaged in the performance of their duties.
1751	1751	18 (F) The Secretary shall select a Chief Medical Coordinator
1752	1752	19 and not less than 2 Deputy Medical Coordinators who shall not
1753	1753	20 be members of the Medical Board. Each medical coordinator
1754	1754	21 shall be a physician licensed to practice medicine in all of
1755	1755	22 its branches, and the Secretary shall set their rates of
1756	1756	23 compensation. The Secretary shall assign at least one medical
1757	1757	24 coordinator to a region composed of Cook County and such other
1758	1758	25 counties as the Secretary may deem appropriate, and such
1759	1759	26 medical coordinator or coordinators shall locate their office
1760	1760
1761	1761
1762	1762
1763	1763
1764	1764
1765	1765	SB1482 - 49 - LRB104 06901 BAB 16937 b
1766	1766
1767	1767
1768	1768	SB1482- 50 -LRB104 06901 BAB 16937 b SB1482 - 50 - LRB104 06901 BAB 16937 b
1769	1769	SB1482 - 50 - LRB104 06901 BAB 16937 b
1770	1770	1 in Chicago. The Secretary shall assign at least one medical
1771	1771	2 coordinator to a region composed of the balance of counties in
1772	1772	3 the State, and such medical coordinator or coordinators shall
1773	1773	4 locate their office in Springfield. The Chief Medical
1774	1774	5 Coordinator shall be the chief enforcement officer of this
1775	1775	6 Act. None of the functions, powers, or duties of the
1776	1776	7 Department with respect to policies regarding enforcement or
1777	1777	8 discipline under this Act, including the adoption of such
1778	1778	9 rules as may be necessary for the administration of this Act,
1779	1779	10 shall be exercised by the Department except upon review of the
1780	1780	11 Medical Board.
1781	1781	12 (G) The Secretary shall employ, in conformity with the
1782	1782	13 Personnel Code, investigators who are college graduates with
1783	1783	14 at least 2 years of investigative experience or one year of
1784	1784	15 advanced medical education. Upon the written request of the
1785	1785	16 Medical Board, the Secretary shall employ, in conformity with
1786	1786	17 the Personnel Code, such other professional, technical,
1787	1787	18 investigative, and clerical help, either on a full or
1788	1788	19 part-time basis as the Medical Board deems necessary for the
1789	1789	20 proper performance of its duties.
1790	1790	21 (H) Upon the specific request of the Medical Board, signed
1791	1791	22 by either the chairperson, vice chairperson, or a medical
1792	1792	23 coordinator of the Medical Board, the Department of Human
1793	1793	24 Services, the Department of Healthcare and Family Services,
1794	1794	25 the Department of State Police, or any other law enforcement
1795	1795	26 agency located in this State shall make available any and all
1796	1796
1797	1797
1798	1798
1799	1799
1800	1800
1801	1801	SB1482 - 50 - LRB104 06901 BAB 16937 b
1802	1802
1803	1803
1804	1804	SB1482- 51 -LRB104 06901 BAB 16937 b SB1482 - 51 - LRB104 06901 BAB 16937 b
1805	1805	SB1482 - 51 - LRB104 06901 BAB 16937 b
1806	1806	1 information that they have in their possession regarding a
1807	1807	2 particular case then under investigation by the Medical Board.
1808	1808	3 (I) Members of the Medical Board shall be immune from suit
1809	1809	4 in any action based upon any disciplinary proceedings or other
1810	1810	5 acts performed in good faith as members of the Medical Board.
1811	1811	6 (J) The Medical Board may compile and establish a
1812	1812	7 statewide roster of physicians and other medical
1813	1813	8 professionals, including the several medical specialties, of
1814	1814	9 such physicians and medical professionals, who have agreed to
1815	1815	10 serve from time to time as advisors to the medical
1816	1816	11 coordinators. Such advisors shall assist the medical
1817	1817	12 coordinators or the Medical Board in their investigations and
1818	1818	13 participation in complaints against physicians. Such advisors
1819	1819	14 shall serve under contract and shall be reimbursed at a
1820	1820	15 reasonable rate for the services provided, plus reasonable
1821	1821	16 expenses incurred. While serving in this capacity, the
1822	1822	17 advisor, for any act undertaken in good faith and in the
1823	1823	18 conduct of his or her duties under this Section, shall be
1824	1824	19 immune from civil suit.
1825	1825	20 (Source: P.A. 102-20, eff. 1-1-22.)
1826	1826	21 (225 ILCS 60/54.5)
1827	1827	22 (Section scheduled to be repealed on January 1, 2027)
1828	1828	23 Sec. 54.5. Physician delegation of authority to physician
1829	1829	24 assistants, certified anesthesiologist assistants, advanced
1830	1830	25 practice registered nurses without full practice authority,
1831	1831
1832	1832
1833	1833
1834	1834
1835	1835
1836	1836	SB1482 - 51 - LRB104 06901 BAB 16937 b
1837	1837
1838	1838
1839	1839	SB1482- 52 -LRB104 06901 BAB 16937 b SB1482 - 52 - LRB104 06901 BAB 16937 b
1840	1840	SB1482 - 52 - LRB104 06901 BAB 16937 b
1841	1841	1 and prescribing psychologists.
1842	1842	2 (a) Physicians licensed to practice medicine in all its
1843	1843	3 branches may delegate care and treatment responsibilities to a
1844	1844	4 physician assistant under guidelines in accordance with the
1845	1845	5 requirements of the Physician Assistant Practice Act of 1987.
1846	1846	6 A physician licensed to practice medicine in all its branches
1847	1847	7 may enter into collaborative agreements with no more than 7
1848	1848	8 full-time equivalent physician assistants, except in a
1849	1849	9 hospital, hospital affiliate, or ambulatory surgical treatment
1850	1850	10 center as set forth by Section 7.7 of the Physician Assistant
1851	1851	11 Practice Act of 1987 and as provided in subsection (a-5).
1852	1852	12 (a-5) A physician licensed to practice medicine in all its
1853	1853	13 branches may collaborate with more than 7 physician assistants
1854	1854	14 when the services are provided in a federal primary care
1855	1855	15 health professional shortage area with a Health Professional
1856	1856	16 Shortage Area score greater than or equal to 12, as determined
1857	1857	17 by the United States Department of Health and Human Services.
1858	1858	18 The collaborating physician must keep appropriate
1859	1859	19 documentation of meeting this exemption and make it available
1860	1860	20 to the Department upon request.
1861	1861	21 (b) A physician licensed to practice medicine in all its
1862	1862	22 branches in active clinical practice may collaborate with an
1863	1863	23 advanced practice registered nurse in accordance with the
1864	1864	24 requirements of the Nurse Practice Act. Collaboration is for
1865	1865	25 the purpose of providing medical consultation, and no
1866	1866	26 employment relationship is required. A written collaborative
1867	1867
1868	1868
1869	1869
1870	1870
1871	1871
1872	1872	SB1482 - 52 - LRB104 06901 BAB 16937 b
1873	1873
1874	1874
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1876	1876	SB1482 - 53 - LRB104 06901 BAB 16937 b
1877	1877	1 agreement shall conform to the requirements of Section 65-35
1878	1878	2 of the Nurse Practice Act. The written collaborative agreement
1879	1879	3 shall be for services for which the collaborating physician
1880	1880	4 can provide adequate collaboration. A written collaborative
1881	1881	5 agreement shall be adequate with respect to collaboration with
1882	1882	6 advanced practice registered nurses if all of the following
1883	1883	7 apply:
1884	1884	8 (1) The agreement is written to promote the exercise
1885	1885	9 of professional judgment by the advanced practice
1886	1886	10 registered nurse commensurate with his or her education
1887	1887	11 and experience.
1888	1888	12 (2) The advanced practice registered nurse provides
1889	1889	13 services based upon a written collaborative agreement with
1890	1890	14 the collaborating physician, except as set forth in
1891	1891	15 subsection (b-5) of this Section. With respect to labor
1892	1892	16 and delivery, the collaborating physician must provide
1893	1893	17 delivery services in order to participate with a certified
1894	1894	18 nurse midwife.
1895	1895	19 (3) Methods of communication are available with the
1896	1896	20 collaborating physician in person or through
1897	1897	21 telecommunications for consultation, collaboration, and
1898	1898	22 referral as needed to address patient care needs.
1899	1899	23 (b-5) An anesthesiologist or physician licensed to
1900	1900	24 practice medicine in all its branches may collaborate with a
1901	1901	25 certified registered nurse anesthetist in accordance with
1902	1902	26 Section 65-35 of the Nurse Practice Act for the provision of
1903	1903
1904	1904
1905	1905
1906	1906
1907	1907
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1909	1909
1910	1910
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1912	1912	SB1482 - 54 - LRB104 06901 BAB 16937 b
1913	1913	1 anesthesia services. With respect to the provision of
1914	1914	2 anesthesia services, the collaborating anesthesiologist or
1915	1915	3 physician shall have training and experience in the delivery
1916	1916	4 of anesthesia services consistent with Department rules.
1917	1917	5 Collaboration shall be adequate if:
1918	1918	6 (1) an anesthesiologist or a physician participates in
1919	1919	7 the joint formulation and joint approval of orders or
1920	1920	8 guidelines and periodically reviews such orders and the
1921	1921	9 services provided patients under such orders; and
1922	1922	10 (2) for anesthesia services, the anesthesiologist or
1923	1923	11 physician participates through discussion of and agreement
1924	1924	12 with the anesthesia plan and is physically present and
1925	1925	13 available on the premises during the delivery of
1926	1926	14 anesthesia services for diagnosis, consultation, and
1927	1927	15 treatment of emergency medical conditions. Anesthesia
1928	1928	16 services in a hospital shall be conducted in accordance
1929	1929	17 with Section 10.7 of the Hospital Licensing Act and in an
1930	1930	18 ambulatory surgical treatment center in accordance with
1931	1931	19 Section 6.5 of the Ambulatory Surgical Treatment Center
1932	1932	20 Act.
1933	1933	21 (b-10) The anesthesiologist or operating physician must
1934	1934	22 agree with the anesthesia plan prior to the delivery of
1935	1935	23 services.
1936	1936	24 (b-15) Under delegation from a supervising
1937	1937	25 anesthesiologist, a certified anesthesiologist assistant
1938	1938	26 licensed under the Certified Anesthesiologist Assistant
1939	1939
1940	1940
1941	1941
1942	1942
1943	1943
1944	1944	SB1482 - 54 - LRB104 06901 BAB 16937 b
1945	1945
1946	1946
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1948	1948	SB1482 - 55 - LRB104 06901 BAB 16937 b
1949	1949	1 Practice Act is authorized to select, order, and administer
1950	1950	2 drugs, performing skill sets within the scope of the certified
1951	1951	3 anesthesiologist assistant's education and training, and apply
1952	1952	4 the appropriate medical devices in the provision of anesthesia
1953	1953	5 services under the anesthesia plan agreed to by the
1954	1954	6 supervising anesthesiologist.
1955	1955	7 (c) The collaborating physician shall have access to the
1956	1956	8 medical records of all patients attended by a physician
1957	1957	9 assistant. The collaborating physician shall have access to
1958	1958	10 the medical records of all patients attended to by an advanced
1959	1959	11 practice registered nurse.
1960	1960	12 (d) (Blank).
1961	1961	13 (e) A physician shall not be liable for the acts or
1962	1962	14 omissions of a prescribing psychologist, physician assistant,
1963	1963	15 or advanced practice registered nurse solely on the basis of
1964	1964	16 having signed a supervision agreement or guidelines or a
1965	1965	17 collaborative agreement, an order, a standing medical order, a
1966	1966	18 standing delegation order, or other order or guideline
1967	1967	19 authorizing a prescribing psychologist, physician assistant,
1968	1968	20 or advanced practice registered nurse to perform acts, unless
1969	1969	21 the physician has reason to believe the prescribing
1970	1970	22 psychologist, physician assistant, or advanced practice
1971	1971	23 registered nurse lacked the competency to perform the act or
1972	1972	24 acts or commits willful and wanton misconduct.
1973	1973	25 (f) A collaborating physician may, but is not required to,
1974	1974	26 delegate prescriptive authority to an advanced practice
1975	1975
1976	1976
1977	1977
1978	1978
1979	1979
1980	1980	SB1482 - 55 - LRB104 06901 BAB 16937 b
1981	1981
1982	1982
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1984	1984	SB1482 - 56 - LRB104 06901 BAB 16937 b
1985	1985	1 registered nurse as part of a written collaborative agreement,
1986	1986	2 and the delegation of prescriptive authority shall conform to
1987	1987	3 the requirements of Section 65-40 of the Nurse Practice Act.
1988	1988	4 (g) A collaborating physician may, but is not required to,
1989	1989	5 delegate prescriptive authority to a physician assistant as
1990	1990	6 part of a written collaborative agreement, and the delegation
1991	1991	7 of prescriptive authority shall conform to the requirements of
1992	1992	8 Section 7.5 of the Physician Assistant Practice Act of 1987.
1993	1993	9 (h) (Blank).
1994	1994	10 (i) A collaborating physician shall delegate prescriptive
1995	1995	11 authority to a prescribing psychologist as part of a written
1996	1996	12 collaborative agreement, and the delegation of prescriptive
1997	1997	13 authority shall conform to the requirements of Section 4.3 of
1998	1998	14 the Clinical Psychologist Licensing Act.
1999	1999	15 (j) As set forth in Section 22.2 of this Act, a licensee
2000	2000	16 under this Act may not directly or indirectly divide, share,
2001	2001	17 or split any professional fee or other form of compensation
2002	2002	18 for professional services with anyone in exchange for a
2003	2003	19 referral or otherwise, other than as provided in Section 22.2.
2004	2004	20 (Source: P.A. 103-228, eff. 1-1-24.)
2005	2005	21 (225 ILCS 60/54.7 new)
2006	2006	22 Sec. 54.7. Certified anesthesiologist assistants;
2007	2007	23 administration of anesthesia. Nothing in this Act precludes a
2008	2008	24 certified anesthesiologist assistant licensed under the
2009	2009	25 Certified Anesthesiologist Assistant Practice Act from
2010	2010
2011	2011
2012	2012
2013	2013
2014	2014
2015	2015	SB1482 - 56 - LRB104 06901 BAB 16937 b
2016	2016
2017	2017
2018	2018	SB1482- 57 -LRB104 06901 BAB 16937 b SB1482 - 57 - LRB104 06901 BAB 16937 b
2019	2019	SB1482 - 57 - LRB104 06901 BAB 16937 b
2020	2020
2021	2021
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2023	2023
2024	2024
2025	2025	SB1482 - 57 - LRB104 06901 BAB 16937 b