Bill Text: IL HB5337 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Nurse Practice Act and Physician Assistant Practice Act of 1987. Defines "hospital affiliate" in both Acts.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5337 Detail]

Download: Illinois-2013-HB5337-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5337 Introduced , by Rep. Patrick J. Verschoore SYNOPSIS AS INTRODUCED:
225 ILCS 65/50-10 was 225 ILCS 65/5-10
225 ILCS 95/4 from Ch. 111, par. 4604
Amends the Nurse Practice Act and Physician Assistant Practice Act of 1987. Defines "hospital affiliate" in both Acts.
LRB098 16916 ZMM 51991 b
A BILL FOR
HB5337 LRB098 16916 ZMM 51991 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nurse Practice Act is amended by changing
Section 50-10 as follows:
(225 ILCS 65/50-10) (was 225 ILCS 65/5-10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-10. Definitions. Each of the following terms, when
used in this Act, shall have the meaning ascribed to it in this
Section, except where the context clearly indicates otherwise:
"Academic year" means the customary annual schedule of
courses at a college, university, or approved school,
customarily regarded as the school year as distinguished from
the calendar year.
"Advanced practice nurse" or "APN" means a person who has
met the qualifications for a (i) certified nurse midwife (CNM);
(ii) certified nurse practitioner (CNP); (iii) certified
registered nurse anesthetist (CRNA); or (iv) clinical nurse
specialist (CNS) and has been licensed by the Department. All
advanced practice nurses licensed and practicing in the State
of Illinois shall use the title APN and may use specialty
credentials after their name.
"Approved program of professional nursing education" and

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"approved program of practical nursing education" are programs
of professional or practical nursing, respectively, approved
by the Department under the provisions of this Act.
"Board" means the Board of Nursing appointed by the
Secretary.
"Collaboration" means a process involving 2 or more health
care professionals working together, each contributing one's
respective area of expertise to provide more comprehensive
patient care.
"Consultation" means the process whereby an advanced
practice nurse seeks the advice or opinion of another health
care professional.
"Credentialed" means the process of assessing and
validating the qualifications of a health care professional.
"Current nursing practice update course" means a planned
nursing education curriculum approved by the Department
consisting of activities that have educational objectives,
instructional methods, content or subject matter, clinical
practice, and evaluation methods, related to basic review and
updating content and specifically planned for those nurses
previously licensed in the United States or its territories and
preparing for reentry into nursing practice.
"Dentist" means a person licensed to practice dentistry
under the Illinois Dental Practice Act.
"Department" means the Department of Financial and
Professional Regulation.

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"Hospital affiliate" means a corporation, partnership,
joint venture, limited liability company, or similar
organization, other than a hospital, that is devoted primarily
to the provision, management, or support of health care
services and that directly or indirectly controls, is
controlled by, or is under common control of the hospital. For
the purposes of this definition, "control" means having at
least an equal or a majority ownership or membership interest.
A hospital affiliate shall be 100% owned or controlled by any
combination of hospitals, their parent corporations, or
physicians licensed to practice medicine in all its branches in
Illinois. "Hospital affiliate" does not include a health
maintenance organization regulated under the Health
Maintenance Organization Act.
"Impaired nurse" means a nurse licensed under this Act who
is unable to practice with reasonable skill and safety because
of a physical or mental disability as evidenced by a written
determination or written consent based on clinical evidence,
including loss of motor skills, abuse of drugs or alcohol, or a
psychiatric disorder, of sufficient degree to diminish his or
her ability to deliver competent patient care.
"License-pending advanced practice nurse" means a
registered professional nurse who has completed all
requirements for licensure as an advanced practice nurse except
the certification examination and has applied to take the next
available certification exam and received a temporary license

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from the Department.
"License-pending registered nurse" means a person who has
passed the Department-approved registered nurse licensure exam
and has applied for a license from the Department. A
license-pending registered nurse shall use the title "RN lic
pend" on all documentation related to nursing practice.
"Physician" means a person licensed to practice medicine in
all its branches under the Medical Practice Act of 1987.
"Podiatric physician" means a person licensed to practice
podiatry under the Podiatric Medical Practice Act of 1987.
"Practical nurse" or "licensed practical nurse" means a
person who is licensed as a practical nurse under this Act and
practices practical nursing as defined in this Act. Only a
practical nurse licensed under this Act is entitled to use the
title "licensed practical nurse" and the abbreviation
"L.P.N.".
"Practical nursing" means the performance of nursing acts
requiring the basic nursing knowledge, judgement, and skill
acquired by means of completion of an approved practical
nursing education program. Practical nursing includes
assisting in the nursing process as delegated by a registered
professional nurse or an advanced practice nurse. The practical
nurse may work under the direction of a licensed physician,
dentist, podiatric physician, or other health care
professional determined by the Department.
"Privileged" means the authorization granted by the

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governing body of a healthcare facility, agency, or
organization to provide specific patient care services within
well-defined limits, based on qualifications reviewed in the
credentialing process.
"Registered Nurse" or "Registered Professional Nurse"
means a person who is licensed as a professional nurse under
this Act and practices nursing as defined in this Act. Only a
registered nurse licensed under this Act is entitled to use the
titles "registered nurse" and "registered professional nurse"
and the abbreviation, "R.N.".
"Registered professional nursing practice" is a scientific
process founded on a professional body of knowledge; it is a
learned profession based on the understanding of the human
condition across the life span and environment and includes all
nursing specialties and means the performance of any nursing
act based upon professional knowledge, judgment, and skills
acquired by means of completion of an approved professional
nursing education program. A registered professional nurse
provides holistic nursing care through the nursing process to
individuals, groups, families, or communities, that includes
but is not limited to: (1) the assessment of healthcare needs,
nursing diagnosis, planning, implementation, and nursing
evaluation; (2) the promotion, maintenance, and restoration of
health; (3) counseling, patient education, health education,
and patient advocacy; (4) the administration of medications and
treatments as prescribed by a physician licensed to practice

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medicine in all of its branches, a licensed dentist, a licensed
podiatric physician, or a licensed optometrist or as prescribed
by a physician assistant in accordance with written guidelines
required under the Physician Assistant Practice Act of 1987 or
by an advanced practice nurse in accordance with Article 65 of
this Act; (5) the coordination and management of the nursing
plan of care; (6) the delegation to and supervision of
individuals who assist the registered professional nurse
implementing the plan of care; and (7) teaching nursing
students. The foregoing shall not be deemed to include those
acts of medical diagnosis or prescription of therapeutic or
corrective measures.
"Professional assistance program for nurses" means a
professional assistance program that meets criteria
established by the Board of Nursing and approved by the
Secretary, which provides a non-disciplinary treatment
approach for nurses licensed under this Act whose ability to
practice is compromised by alcohol or chemical substance
addiction.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Unencumbered license" means a license issued in good
standing.
"Written collaborative agreement" means a written
agreement between an advanced practice nurse and a
collaborating physician, dentist, or podiatric physician

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pursuant to Section 65-35.
(Source: P.A. 97-813, eff. 7-13-12; 98-214, eff. 8-9-13.)
Section 10. The Physician Assistant Practice Act of 1987 is
amended by changing Section 4 as follows:
(225 ILCS 95/4) (from Ch. 111, par. 4604)
(Section scheduled to be repealed on January 1, 2018)
Sec. 4. In this Act:
1. "Department" means the Department of Financial and
Professional Regulation.
2. "Secretary" means the Secretary of Financial and
Professional Regulation.
3. "Physician assistant" means any person who has been
certified as a physician assistant by the National Commission
on the Certification of Physician Assistants or equivalent
successor agency and performs procedures under the supervision
of a physician as defined in this Act. A physician assistant
may perform such procedures within the specialty of the
supervising physician, except that such physician shall
exercise such direction, supervision and control over such
physician assistants as will assure that patients shall receive
quality medical care. Physician assistants shall be capable of
performing a variety of tasks within the specialty of medical
care under the supervision of a physician. Supervision of the
physician assistant shall not be construed to necessarily

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require the personal presence of the supervising physician at
all times at the place where services are rendered, as long as
there is communication available for consultation by radio,
telephone or telecommunications within established guidelines
as determined by the physician/physician assistant team. The
supervising physician may delegate tasks and duties to the
physician assistant. Delegated tasks or duties shall be
consistent with physician assistant education, training, and
experience. The delegated tasks or duties shall be specific to
the practice setting and shall be implemented and reviewed
under a written supervision agreement established by the
physician or physician/physician assistant team. A physician
assistant, acting as an agent of the physician, shall be
permitted to transmit the supervising physician's orders as
determined by the institution's by-laws, policies, procedures,
or job description within which the physician/physician
assistant team practices. Physician assistants shall practice
only in accordance with a written supervision agreement.
4. "Board" means the Medical Licensing Board constituted
under the Medical Practice Act of 1987.
5. "Disciplinary Board" means the Medical Disciplinary
Board constituted under the Medical Practice Act of 1987.
6. "Physician" means, for purposes of this Act, a person
licensed to practice medicine in all its branches under the
Medical Practice Act of 1987.
7. "Supervising Physician" means, for the purposes of this

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Act, the primary supervising physician of a physician
assistant, who, within his specialty and expertise may delegate
a variety of tasks and procedures to the physician assistant.
Such tasks and procedures shall be delegated in accordance with
a written supervision agreement. The supervising physician
maintains the final responsibility for the care of the patient
and the performance of the physician assistant.
8. "Alternate supervising physician" means, for the
purpose of this Act, any physician designated by the
supervising physician to provide supervision in the event that
he or she is unable to provide that supervision. The Department
may further define "alternate supervising physician" by rule.
The alternate supervising physicians shall maintain all
the same responsibilities as the supervising physician.
Nothing in this Act shall be construed as relieving any
physician of the professional or legal responsibility for the
care and treatment of persons attended by him or by physician
assistants under his supervision. Nothing in this Act shall be
construed as to limit the reasonable number of alternate
supervising physicians, provided they are designated by the
supervising physician.
9. "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address, and

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such changes must be made either through the Department's
website or by contacting the Department's licensure
maintenance unit.
10. "Hospital affiliate" means a corporation, partnership,
joint venture, limited liability company, or similar
organization, other than a hospital, that is devoted primarily
to the provision, management, or support of health care
services and that directly or indirectly controls, is
controlled by, or is under common control of the hospital. For
the purposes of this definition, "control" means having at
least an equal or a majority ownership or membership interest.
A hospital affiliate shall be 100% owned or controlled by any
combination of hospitals, their parent corporations, or
physicians licensed to practice medicine in all its branches in
Illinois. "Hospital affiliate" does not include a health
maintenance organization regulated under the Health
Maintenance Organization Act.
(Source: P.A. 96-268, eff. 8-11-09; 97-1071, eff. 8-24-12.)