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









 











HB3734

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1
 AN ACT concerning professional regulation.


2
 Be it enacted by the People of the State of Illinois,

3
represented in the General Assembly:



4
 Section 5. The Medical Practice Act of 1987 is amended by 
5
changing Section 54.5 as follows:




6
 (225 ILCS 60/54.5)


7
 (Section scheduled to be repealed on December 31, 2010)

8
 Sec. 54.5. Physician delegation of authority. 

9
 (a) Physicians licensed to practice medicine in all its

10
branches may delegate care and treatment responsibilities to a

11
physician assistant under guidelines in accordance with the

12
requirements of the Physician Assistant Practice Act of
1987. A 
13
physician licensed to practice medicine in all its
branches may 
14
enter into supervising physician agreements with
no more than 2 
15
physician assistants.

16
 (b) A physician licensed to practice medicine in all its

17
branches in active clinical practice may collaborate with an 
18
advanced practice
nurse in accordance with the requirements of 
19
the Nurse Practice Act. Collaboration
is for the purpose of 
20
providing medical consultation,
and no employment relationship 
21
is required. A
written collaborative agreement shall
conform to 
22
the requirements of Section 65-35 of the Nurse Practice Act. 
23
The written collaborative agreement shall
be for
services the 
 


 






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1
collaborating physician generally provides to
his or her 
2
patients in the normal course of clinical medical practice.
A 
3
written collaborative agreement shall be adequate with respect 
4
to collaboration
with advanced practice nurses if all of the 
5
following apply:


6
  (1) The agreement is written to promote the exercise of 
7
 professional judgment by the advanced practice nurse 
8
 commensurate with his or her education and experience. The 
9
 agreement need not describe the exact steps that an 
10
 advanced practice nurse must take with respect to each 
11
 specific condition, disease, or symptom, but must specify 
12
 those procedures that require a physician's presence as the 
13
 procedures are being performed.


14
  (2) Practice guidelines and orders are developed and 
15
 approved jointly by the advanced practice nurse and 
16
 collaborating physician, as needed, based on the practice 
17
 of the practitioners. Such guidelines and orders and the 
18
 patient services provided thereunder are periodically 
19
 reviewed by the collaborating physician.


20
  (3) The advance practice nurse provides services the 
21
 collaborating physician generally provides to his or her 
22
 patients in the normal course of clinical practice, except 
23
 as set forth in subsection (b-5) of this Section. With 
24
 respect to labor and delivery, the collaborating physician 
25
 must provide delivery services in order to participate with 
26
 a certified nurse midwife.
 


 






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  (4) The collaborating physician and advanced practice 
2
 nurse meet in person at least once a month to provide 
3
 collaboration and consultation.
4
  (5) Methods of communication are available with the 
5
 collaborating physician in person or through 
6
 telecommunications for consultation, collaboration, and 
7
 referral as needed to address patient care needs.
8
  (6) The agreement contains provisions detailing notice 
9
 for termination or change of status involving a written 
10
 collaborative agreement, except when such notice is given 
11
 for just cause.


12
 (b-5) An anesthesiologist or physician licensed to 
13
practice medicine in
all its branches may collaborate with a 
14
certified registered nurse anesthetist
in accordance with 
15
Section 65-35 of the Nurse Practice Act for the provision of 
16
anesthesia services. With respect to the provision of 
17
anesthesia services, the collaborating anesthesiologist or 
18
physician shall have training and experience in the delivery of 
19
anesthesia services consistent with Department rules. 
20
Collaboration shall be
adequate if:


21
  (1) an anesthesiologist or a physician
participates in 
22
 the joint formulation and joint approval of orders or

23
 guidelines and periodically reviews such orders and the 
24
 services provided
patients under such orders; and


25
  (2) for anesthesia services, the anesthesiologist
or 
26
 physician participates through discussion of and agreement 
 


 






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1
 with the
anesthesia plan and is physically present and 
2
 available on the premises during
the delivery of anesthesia 
3
 services for
diagnosis, consultation, and treatment of 
4
 emergency medical conditions.
Anesthesia services in a 
5
 hospital shall be conducted in accordance with
Section 10.7 
6
 of the Hospital Licensing Act and in an ambulatory surgical

7
 treatment center in accordance with Section 6.5 of the 
8
 Ambulatory Surgical
Treatment Center Act.

9
 (b-10) The anesthesiologist or operating physician must 
10
agree with the
anesthesia plan prior to the delivery of 
11
services.

12
 (c) The supervising physician shall have access to the

13
medical records of all patients attended by a physician

14
assistant. The collaborating physician shall have access to
the 
15
medical records of all patients attended to by an
advanced 
16
practice nurse.

17
 (d) Nothing in this Act
shall be construed to limit the 
18
delegation of
tasks or duties by a physician licensed to 
19
practice medicine
in all its branches to a licensed practical 
20
nurse, a registered professional
nurse, or other persons.

21
 (e) A physician shall not be liable for the acts or

22
omissions of a physician assistant or advanced practice
nurse 
23
solely on the basis of having signed a
supervision agreement or 
24
guidelines or a collaborative
agreement, an order, a standing 
25
medical order, a
standing delegation order, or other order or 
26
guideline
authorizing a physician assistant or advanced 
 


 






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practice
nurse to perform acts, unless the physician has
reason 
2
to believe the physician assistant or advanced
practice nurse 
3
lacked the competency to perform
the act or acts or commits 
4
willful and wanton misconduct.

5
 (f) Physicians licensed to practice medicine in all its 
6
branches may delegate the use of rigid and flexible endoscopes 
7
to a speech-language pathologist licensed under the Illinois 
8
Speech-Language Pathology and Audiology Practice Act. 
9
(Source: P.A. 95-639, eff. 10-5-07.)


10
 Section 10. The Illinois Speech-Language Pathology and

11
Audiology Practice Act is amended by changing Section 3 as 
12
follows:




13
 (225 ILCS 110/3) (from Ch. 111, par. 7903)



14
 (Section scheduled to be repealed on January 1, 2018)

15
 Sec. 3. Definitions. The following words and phrases shall 
16
have the
meaning ascribed to them in this Section unless the 
17
context clearly indicates
otherwise:

18
 (a) "Department" means the Department of Financial and

19
Professional
Regulation.

20
 (b) "Secretary" means the Secretary of Financial and 
21
Professional Regulation.

22
 (c) "Board" means the Board of Speech-Language Pathology 
23
and Audiology
established under Section 5 of this Act.

24
 (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 
2
practice
of speech-language pathology.

3
 (e) "Audiologist" means a person who has received a license 
4
pursuant to this
Act and who engages in the practice of 
5
audiology.

6
 (f) "Public member" means a person who is not a health 
7
professional.
For purposes of board membership, any person with 
8
a significant financial
interest in a health service or 
9
profession is not a public member.

10
 (g) "The practice of audiology" is the application of 
11
nonmedical methods
and procedures for the identification, 
12
measurement, testing,
appraisal, prediction, habilitation, 
13
rehabilitation, or instruction
related to hearing
and 
14
disorders of hearing. These procedures are for the
purpose of 
15
counseling, consulting and rendering or offering to render

16
services or for participating in the planning, directing or 
17
conducting of
programs that are designed to modify 
18
communicative disorders
involving
speech, language or auditory 
19
function related to hearing loss.
The practice of audiology may 
20
include, but shall not be limited to, the
following:


21
  (1) any task, procedure, act, or practice that is 
22
 necessary for the
evaluation of hearing or
vestibular 
23
 function;


24
  (2) training in the use of amplification devices;

25
  (3) the fitting, dispensing, or servicing of hearing 
26
 instruments; and


 


 






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  (4) performing basic speech and language screening 
2
 tests and procedures
consistent with audiology training.

3
 (h) "The practice of speech-language pathology" is the 
4
application of
nonmedical methods and procedures for the 
5
identification,
measurement, testing, appraisal, prediction, 
6
habilitation, rehabilitation,
and modification related to 
7
communication development, and disorders or
disabilities of 
8
speech, language, voice, swallowing, and other speech,

9
language and voice related disorders. These procedures are for 
10
the
purpose of counseling, consulting and rendering or offering 
11
to render
services, or for participating in the planning, 
12
directing or conducting of
programs that are designed to modify 
13
communicative disorders and
conditions in individuals or 
14
groups of individuals involving speech,
language, voice and 
15
swallowing function.

16
 "The practice of speech-language pathology" shall include, 
17
but
shall not be
limited to, the following:


18
  (1) hearing screening tests and aural rehabilitation 
19
 procedures
consistent with speech-language pathology 
20
 training;


21
  (2) tasks, procedures, acts or practices that are 
22
 necessary for the
evaluation of, and training in the use 
23
 of, augmentative communication
systems, communication 
24
 variation, cognitive rehabilitation, non-spoken
language 
25
 production and comprehension; and .

26
  (3) the use of rigid and flexible endoscopes pursuant 
 


 






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1
 to the provisions of Section 54.5(f) of the Medical 
2
 Practice Act of 1987. 
3
 (i) "Speech-language pathology assistant" means a person 
4
who has received
a license pursuant to this Act to assist a 
5
speech-language
pathologist in the manner provided in this Act.

6
(Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07.)




7
 Section 99. Effective date. This Act takes effect upon 
8
becoming law.