Bill Text: IL HB4357 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Medical Practice Act of 1987. Provides that an on-site physician examination prior to the performance of a non-ablative laser procedure shall not be required when: (1) the laser hair removal facility follows a physician supervision protocol, made available to the Department of Financial and Professional Regulation upon request; (2) the procedure is performed by a registered nurse or licensed practical nurse; (3) an advanced practice registered nurse or a physician assistant examines the patient and determines a course of treatment appropriate to the patient prior to a non-ablative laser procedure being performed; and (4) an advanced practice registered nurse, physician assistant, or physician is available for on-site supervision or by telephone or other electronic means to respond promptly to any questions or complications that may occur.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-04-19 - Referred to Assignments [HB4357 Detail]

Download: Illinois-2023-HB4357-Engrossed.html

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HB4357 Engrossed LRB103 35918 SPS 66005 b
AN ACT concerning 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 54.2 as follows:
(225 ILCS 60/54.2)
(Section scheduled to be repealed on January 1, 2027)
Sec. 54.2. Physician delegation of authority.
(a) Nothing in this Act shall be construed to limit the
delegation of patient care tasks or duties by a physician, to a
licensed practical nurse, a registered professional nurse, or
other licensed person practicing within the scope of his or
her individual licensing Act. Delegation by a physician
licensed to practice medicine in all its branches to physician
assistants or advanced practice registered nurses is also
addressed in Section 54.5 of this Act. No physician may
delegate any patient care task or duty that is statutorily or
by rule mandated to be performed by a physician.
(b) In an office or practice setting and within a
physician-patient relationship, a physician may delegate
patient care tasks or duties to an unlicensed person who
possesses appropriate training and experience provided a
health care professional, who is practicing within the scope

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of such licensed professional's individual licensing Act, is
on site to provide assistance.
(c) Any such patient care task or duty delegated to a
licensed or unlicensed person must be within the scope of
practice, education, training, or experience of the delegating
physician and within the context of a physician-patient
relationship.
(d) Nothing in this Section shall be construed to affect
referrals for professional services required by law.
(e) The Department shall have the authority to adopt
promulgate rules concerning a physician's delegation,
including but not limited to, the use of light emitting
devices for patient care or treatment. An on-site physician
examination prior to the performance of a non-ablative laser
procedure shall not be required when:
(1) the laser hair removal facility follows a
physician supervision protocol, made available to the
Department upon request;
(2) the procedure is performed by a registered nurse
or licensed practical nurse;
(3) an advanced practice registered nurse or a
physician assistant examines the patient and determines a
course of treatment appropriate to the patient prior to a
non-ablative laser procedure being performed; and
(4) an advanced practice registered nurse, physician
assistant, or physician is available for on-site

HB4357 Engrossed - 3 - LRB103 35918 SPS 66005 b
supervision or by telephone or other electronic means to
respond promptly to any questions or complications that
may occur.
(f) Nothing in this Act shall be construed to limit the
method of delegation that may be authorized by any means,
including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
(g) A physician licensed to practice medicine in all of
its branches under this Act may delegate any and all authority
prescribed to him or her by law to international medical
graduate physicians, so long as the tasks or duties are within
the scope of practice, education, training, or experience of
the delegating physician who is on site to provide assistance.
An international medical graduate working in Illinois pursuant
to this subsection is subject to all statutory and regulatory
requirements of this Act, as applicable, relating to the
standards of care. An international medical graduate physician
is limited to providing treatment under the supervision of a
physician licensed to practice medicine in all of its
branches. The supervising physician or employer must keep
record of and make available upon request by the Department
the following: (1) evidence of education certified by the
Educational Commission for Foreign Medical Graduates; (2)
evidence of passage of Step 1, Step 2 Clinical Knowledge, and
Step 3 of the United States Medical Licensing Examination as
required by this Act; and (3) evidence of an unencumbered

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