Bill Text: IL HB3734 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Medical Practice Act of 1987 to allow a physician licensed to practice medicine in all its branches to delegate the use of a rigid and flexible endoscope to a speech-language pathologist that is licensed under the Illinois Speech-Language Pathology and Audiology Practice Act. Amends the Illinois Speech-Language Pathology and Audiology Practice Act to include the use of rigid and flexible endoscopes within the definition of "the practice of speech-language pathology". Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB3734 Detail]

Download: Illinois-2009-HB3734-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3734 Introduced 2/25/2009, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED:
225 ILCS 60/54.5
225 ILCS 110/3 from Ch. 111, par. 7903
Amends the Medical Practice Act of 1987 to allow a physician licensed to practice medicine in all its branches to delegate the use of a rigid and flexible endoscope to a speech-language pathologist that is licensed under the Illinois Speech-Language Pathology and Audiology Practice Act. Amends the Illinois Speech-Language Pathology and Audiology Practice Act to include the use of rigid and flexible endoscopes within the definition of "the practice of speech-language pathology". Effective immediately.
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A BILL FOR
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AN ACT concerning professional regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Medical Practice Act of 1987 is amended by
changing Section 54.5 as follows:
(225 ILCS 60/54.5)
(Section scheduled to be repealed on December 31, 2010)
Sec. 54.5. Physician delegation of authority.
(a) Physicians licensed to practice medicine in all its
branches may delegate care and treatment responsibilities to a
physician assistant under guidelines in accordance with the
requirements of the Physician Assistant Practice Act of 1987. A
physician licensed to practice medicine in all its branches may
enter into supervising physician agreements with no more than 2
physician assistants.
(b) A physician licensed to practice medicine in all its
branches in active clinical practice may collaborate with an
advanced practice nurse in accordance with the requirements of
the Nurse Practice Act. Collaboration is for the purpose of
providing medical consultation, and no employment relationship
is required. A written collaborative agreement shall conform to
the requirements of Section 65-35 of the Nurse Practice Act.
The written collaborative agreement shall be for services the

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collaborating physician generally provides to his or her
patients in the normal course of clinical medical practice. A
written collaborative agreement shall be adequate with respect
to collaboration with advanced practice nurses if all of the
following apply:
(1) The agreement is written to promote the exercise of
professional judgment by the advanced practice nurse
commensurate with his or her education and experience. The
agreement need not describe the exact steps that an
advanced practice nurse must take with respect to each
specific condition, disease, or symptom, but must specify
those procedures that require a physician's presence as the
procedures are being performed.
(2) Practice guidelines and orders are developed and
approved jointly by the advanced practice nurse and
collaborating physician, as needed, based on the practice
of the practitioners. Such guidelines and orders and the
patient services provided thereunder are periodically
reviewed by the collaborating physician.
(3) The advance practice nurse provides services the
collaborating physician generally provides to his or her
patients in the normal course of clinical practice, except
as set forth in subsection (b-5) of this Section. With
respect to labor and delivery, the collaborating physician
must provide delivery services in order to participate with
a certified nurse midwife.

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(4) The collaborating physician and advanced practice
nurse meet in person at least once a month to provide
collaboration and consultation.
(5) Methods of communication are available with the
collaborating physician in person or through
telecommunications for consultation, collaboration, and
referral as needed to address patient care needs.
(6) The agreement contains provisions detailing notice
for termination or change of status involving a written
collaborative agreement, except when such notice is given
for just cause.
(b-5) An anesthesiologist or physician licensed to
practice medicine in all its branches may collaborate with a
certified registered nurse anesthetist in accordance with
Section 65-35 of the Nurse Practice Act for the provision of
anesthesia services. With respect to the provision of
anesthesia services, the collaborating anesthesiologist or
physician shall have training and experience in the delivery of
anesthesia services consistent with Department rules.
Collaboration shall be adequate if:
(1) an anesthesiologist or a physician participates in
the joint formulation and joint approval of orders or
guidelines and periodically reviews such orders and the
services provided patients under such orders; and
(2) for anesthesia services, the anesthesiologist or
physician participates through discussion of and agreement

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with the anesthesia plan and is physically present and
available on the premises during the delivery of anesthesia
services for diagnosis, consultation, and treatment of
emergency medical conditions. Anesthesia services in a
hospital shall be conducted in accordance with Section 10.7
of the Hospital Licensing Act and in an ambulatory surgical
treatment center in accordance with Section 6.5 of the
Ambulatory Surgical Treatment Center Act.
(b-10) The anesthesiologist or operating physician must
agree with the anesthesia plan prior to the delivery of
services.
(c) The supervising physician shall have access to the
medical records of all patients attended by a physician
assistant. The collaborating physician shall have access to the
medical records of all patients attended to by an advanced
practice nurse.
(d) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician licensed to
practice medicine in all its branches to a licensed practical
nurse, a registered professional nurse, or other persons.
(e) A physician shall not be liable for the acts or
omissions of a physician assistant or advanced practice nurse
solely on the basis of having signed a supervision agreement or
guidelines or a collaborative agreement, an order, a standing
medical order, a standing delegation order, or other order or
guideline authorizing a physician assistant or advanced

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practice nurse to perform acts, unless the physician has reason
to believe the physician assistant or advanced practice nurse
lacked the competency to perform the act or acts or commits
willful and wanton misconduct.
(f) Physicians licensed to practice medicine in all its
branches may delegate the use of rigid and flexible endoscopes
to a speech-language pathologist licensed under the Illinois
Speech-Language Pathology and Audiology Practice Act.
(Source: P.A. 95-639, eff. 10-5-07.)
Section 10. The Illinois Speech-Language Pathology and
Audiology Practice Act is amended by changing Section 3 as
follows:
(225 ILCS 110/3) (from Ch. 111, par. 7903)
(Section scheduled to be repealed on January 1, 2018)
Sec. 3. Definitions. The following words and phrases shall
have the meaning ascribed to them in this Section unless the
context clearly indicates otherwise:
(a) "Department" means the Department of Financial and
Professional Regulation.
(b) "Secretary" means the Secretary of Financial and
Professional Regulation.
(c) "Board" means the Board of Speech-Language Pathology
and Audiology established under Section 5 of this Act.
(d) "Speech-Language Pathologist" means a person who has

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received a license pursuant to this Act and who engages in the
practice of speech-language pathology.
(e) "Audiologist" means a person who has received a license
pursuant to this Act and who engages in the practice of
audiology.
(f) "Public member" means a person who is not a health
professional. For purposes of board membership, any person with
a significant financial interest in a health service or
profession is not a public member.
(g) "The practice of audiology" is the application of
nonmedical methods and procedures for the identification,
measurement, testing, appraisal, prediction, habilitation,
rehabilitation, or instruction related to hearing and
disorders of hearing. These procedures are for the purpose of
counseling, consulting and rendering or offering to render
services or for participating in the planning, directing or
conducting of programs that are designed to modify
communicative disorders involving speech, language or auditory
function related to hearing loss. The practice of audiology may
include, but shall not be limited to, the following:
(1) any task, procedure, act, or practice that is
necessary for the evaluation of hearing or vestibular
function;
(2) training in the use of amplification devices;
(3) the fitting, dispensing, or servicing of hearing
instruments; and

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(4) performing basic speech and language screening
tests and procedures consistent with audiology training.
(h) "The practice of speech-language pathology" is the
application of nonmedical methods and procedures for the
identification, measurement, testing, appraisal, prediction,
habilitation, rehabilitation, and modification related to
communication development, and disorders or disabilities of
speech, language, voice, swallowing, and other speech,
language and voice related disorders. These procedures are for
the purpose of counseling, consulting and rendering or offering
to render services, or for participating in the planning,
directing or conducting of programs that are designed to modify
communicative disorders and conditions in individuals or
groups of individuals involving speech, language, voice and
swallowing function.
"The practice of speech-language pathology" shall include,
but shall not be limited to, the following:
(1) hearing screening tests and aural rehabilitation
procedures consistent with speech-language pathology
training;
(2) tasks, procedures, acts or practices that are
necessary for the evaluation of, and training in the use
of, augmentative communication systems, communication
variation, cognitive rehabilitation, non-spoken language
production and comprehension; and .
(3) the use of rigid and flexible endoscopes pursuant

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to the provisions of Section 54.5(f) of the Medical
Practice Act of 1987.
(i) "Speech-language pathology assistant" means a person
who has received a license pursuant to this Act to assist a
speech-language pathologist in the manner provided in this Act.
(Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.