Bill Text: IL SB0145 | 2021-2022 | 102nd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Physician Assistant Practice Act of 1987. Provides that the collaborating physician shall file with the Department of Financial and Professional Regulation notice of employment, discharge, or collaboration with a physician assistant within 60 days (rather than at the time) of employment, discharge, or assumption of collaboration with a physician assistant. Provides that nothing in the amendatory Act shall prevent a physician assistant from beginning his or her employment before the notice of employment or collaboration has been filed.
Spectrum: Bipartisan Bill
Status: (Passed) 2022-05-06 - Public Act . . . . . . . . . 102-0735 [SB0145 Detail]
Download: Illinois-2021-SB0145-Introduced.html
Bill Title: Amends the Physician Assistant Practice Act of 1987. Provides that the collaborating physician shall file with the Department of Financial and Professional Regulation notice of employment, discharge, or collaboration with a physician assistant within 60 days (rather than at the time) of employment, discharge, or assumption of collaboration with a physician assistant. Provides that nothing in the amendatory Act shall prevent a physician assistant from beginning his or her employment before the notice of employment or collaboration has been filed.
Spectrum: Bipartisan Bill
Status: (Passed) 2022-05-06 - Public Act . . . . . . . . . 102-0735 [SB0145 Detail]
Download: Illinois-2021-SB0145-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Medical Practice Act of 1987 is amended by | ||||||||||||||||||||||||||||||||||||||
5 | changing Section 54.5 as follows:
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6 | (225 ILCS 60/54.5)
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7 | (Section scheduled to be repealed on January 1, 2022)
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8 | Sec. 54.5. Physician delegation of authority to physician | ||||||||||||||||||||||||||||||||||||||
9 | assistants, advanced practice registered nurses without full | ||||||||||||||||||||||||||||||||||||||
10 | practice authority, and prescribing psychologists.
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11 | (a) A physician licensed to practice medicine in all its | ||||||||||||||||||||||||||||||||||||||
12 | branches may collaborate with a physician assistant under | ||||||||||||||||||||||||||||||||||||||
13 | guidelines in accordance with the requirements of the | ||||||||||||||||||||||||||||||||||||||
14 | Physician Assistant Practice Act of 1987. Collaboration is for | ||||||||||||||||||||||||||||||||||||||
15 | the purpose of providing medical consultation, and no | ||||||||||||||||||||||||||||||||||||||
16 | employment relationship is required. A collaborative agreement | ||||||||||||||||||||||||||||||||||||||
17 | shall conform to the requirements of Section 7 of the | ||||||||||||||||||||||||||||||||||||||
18 | Physician Assistant Practice Act of 1987. The collaborative | ||||||||||||||||||||||||||||||||||||||
19 | agreement shall be for services in the same area of practice or | ||||||||||||||||||||||||||||||||||||||
20 | specialty as the collaborating physician in his or her | ||||||||||||||||||||||||||||||||||||||
21 | clinical medical practice. A collaborative agreement shall be | ||||||||||||||||||||||||||||||||||||||
22 | adequate with respect to collaboration with a physician | ||||||||||||||||||||||||||||||||||||||
23 | assistant if all of the following apply: |
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1 | (1) The agreement is to promote the exercise of | ||||||
2 | professional judgment by the physician assistant | ||||||
3 | commensurate with his or her education and experience. | ||||||
4 | (2) The physician assistant provides services based | ||||||
5 | upon a collaborative agreement with the collaborating | ||||||
6 | physician, except as set forth in Section 7.7 of the | ||||||
7 | Physician Assistant Practice Act of 1987. With respect to | ||||||
8 | labor and delivery, the collaborating physician must | ||||||
9 | provide delivery services in order to participate with the | ||||||
10 | physician assistant. | ||||||
11 | (3) Methods of communication are available with the | ||||||
12 | collaborating physician in person or through | ||||||
13 | telecommunications for consultation, collaboration, and | ||||||
14 | referral as needed to address patient care needs. | ||||||
15 | (4) Physicians licensed to practice medicine in all | ||||||
16 | its
branches may delegate care and treatment | ||||||
17 | responsibilities to a
physician assistant under guidelines | ||||||
18 | in accordance with the
requirements of the Physician | ||||||
19 | Assistant Practice Act of
1987. A physician licensed to | ||||||
20 | practice medicine in all its
branches may enter into | ||||||
21 | collaborative agreements with
no more than 7 full-time | ||||||
22 | equivalent physician assistants, except in a hospital, | ||||||
23 | hospital affiliate, or ambulatory surgical treatment | ||||||
24 | center as set forth by Section 7.7 of the Physician | ||||||
25 | Assistant Practice Act of 1987 and as provided in | ||||||
26 | subsection (a-5).
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1 | (a-5) A physician licensed to practice medicine in all its | ||||||
2 | branches may collaborate with more than 7 physician assistants | ||||||
3 | when the services are provided in a federal primary care | ||||||
4 | health professional shortage area with a Health Professional | ||||||
5 | Shortage Area score greater than or equal to 12, as determined | ||||||
6 | by the United States Department of Health and Human Services. | ||||||
7 | The collaborating physician must keep appropriate | ||||||
8 | documentation of meeting this exemption and make it available | ||||||
9 | to the Department upon request. | ||||||
10 | (b) A physician licensed to practice medicine in all its
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11 | branches in active clinical practice may collaborate with an | ||||||
12 | advanced practice
registered nurse in accordance with the | ||||||
13 | requirements of the Nurse Practice Act. Collaboration
is for | ||||||
14 | the purpose of providing medical consultation,
and no | ||||||
15 | employment relationship is required. A
written collaborative | ||||||
16 | agreement shall
conform to the requirements of Section 65-35 | ||||||
17 | of the Nurse Practice Act. The written collaborative agreement | ||||||
18 | shall
be for
services in the same area of practice or specialty | ||||||
19 | as the collaborating physician in
his or her clinical medical | ||||||
20 | practice.
A written collaborative agreement shall be adequate | ||||||
21 | with respect to collaboration
with advanced practice | ||||||
22 | registered nurses if all of the following apply:
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23 | (1) The agreement is written to promote the exercise | ||||||
24 | of professional judgment by the advanced practice | ||||||
25 | registered nurse commensurate with his or her education | ||||||
26 | and experience.
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1 | (2) The advanced practice registered nurse provides | ||||||
2 | services based upon a written collaborative agreement with | ||||||
3 | the collaborating physician, except as set forth in | ||||||
4 | subsection (b-5) of this Section. With respect to labor | ||||||
5 | and delivery, the collaborating physician must provide | ||||||
6 | delivery services in order to participate with a certified | ||||||
7 | nurse midwife. | ||||||
8 | (3) Methods of communication are available with the | ||||||
9 | collaborating physician in person or through | ||||||
10 | telecommunications for consultation, collaboration, and | ||||||
11 | referral as needed to address patient care needs.
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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 | ||||||
19 | of anesthesia services consistent with Department rules. | ||||||
20 | Collaboration shall be
adequate if:
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21 | (1) an anesthesiologist or a physician
participates in | ||||||
22 | the joint formulation and joint approval of orders or
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23 | guidelines and periodically reviews such orders and the | ||||||
24 | services provided
patients under such orders; and
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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 | ||||||
3 | anesthesia services for
diagnosis, consultation, and | ||||||
4 | treatment of emergency medical conditions.
Anesthesia | ||||||
5 | services in a hospital shall be conducted in accordance | ||||||
6 | with
Section 10.7 of the Hospital Licensing Act and in an | ||||||
7 | ambulatory surgical
treatment center in accordance with | ||||||
8 | Section 6.5 of the Ambulatory Surgical
Treatment Center | ||||||
9 | Act.
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10 | (b-10) The anesthesiologist or operating physician must | ||||||
11 | agree with the
anesthesia plan prior to the delivery of | ||||||
12 | services.
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13 | (c) The collaborating physician shall have access to the
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14 | medical records of all patients attended by a physician
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15 | assistant. The collaborating physician shall have access to
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16 | the medical records of all patients attended to by an
advanced | ||||||
17 | practice registered nurse.
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18 | (d) (Blank).
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19 | (e) A physician shall not be liable for the acts or
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20 | omissions of a prescribing psychologist , physician assistant, | ||||||
21 | or advanced practice
registered nurse solely on the basis of | ||||||
22 | having signed a
supervision agreement or guidelines or a | ||||||
23 | collaborative
agreement, an order, a standing medical order, a
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24 | standing delegation order, or other order or guideline
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25 | authorizing a prescribing psychologist , physician assistant, | ||||||
26 | or advanced practice
registered nurse to perform acts, unless |
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1 | the physician has
reason to believe the prescribing | ||||||
2 | psychologist , physician assistant, or advanced
practice | ||||||
3 | registered nurse lacked the competency to perform
the act or | ||||||
4 | acts or commits willful and wanton misconduct.
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5 | A physician shall not be liable for the acts or omissions | ||||||
6 | of a physician assistant solely on the basis of having a | ||||||
7 | collaborative agreement or guidelines, an order, a standing | ||||||
8 | medical order, a standing delegation order, or other order or | ||||||
9 | guideline authorizing a physician assistant to perform acts, | ||||||
10 | unless the physician has reason to believe the physician | ||||||
11 | assistant lacked the competency to perform the act or acts or | ||||||
12 | commits willful and wanton misconduct. | ||||||
13 | (f) A collaborating physician may, but is not required to, | ||||||
14 | delegate prescriptive authority to an advanced practice | ||||||
15 | registered nurse as part of a written collaborative agreement, | ||||||
16 | and the delegation of prescriptive authority shall conform to | ||||||
17 | the requirements of Section 65-40 of the Nurse Practice Act. | ||||||
18 | (g) A collaborating physician may, but is not required to, | ||||||
19 | delegate prescriptive authority to a physician assistant as | ||||||
20 | part of a written collaborative agreement, and the delegation | ||||||
21 | of prescriptive authority shall conform to the requirements of | ||||||
22 | Section 7.5 of the Physician Assistant Practice Act of 1987. | ||||||
23 | (h) (Blank). | ||||||
24 | (i) A collaborating physician shall delegate prescriptive | ||||||
25 | authority to a prescribing psychologist as part of a written | ||||||
26 | collaborative agreement, and the delegation of prescriptive |
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1 | authority shall conform to the requirements of Section 4.3 of | ||||||
2 | the Clinical Psychologist Licensing Act. | ||||||
3 | (j) As set forth in Section 22.2 of this Act, a licensee | ||||||
4 | under this Act may not directly or indirectly divide, share, | ||||||
5 | or split any professional fee or other form of compensation | ||||||
6 | for professional services with anyone in exchange for a | ||||||
7 | referral or otherwise, other than as provided in Section 22.2. | ||||||
8 | (Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17; | ||||||
9 | 100-513, eff. 1-1-18; 100-605, eff. 1-1-19; 100-863, eff. | ||||||
10 | 8-14-18 .)
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11 | Section 10. The Physician Assistant Practice Act of 1987 | ||||||
12 | is amended by changing Sections 1, 4, 6, 7, 7.5, 7.7, and 11 as | ||||||
13 | follows:
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14 | (225 ILCS 95/1) (from Ch. 111, par. 4601)
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15 | (Section scheduled to be repealed on January 1, 2028)
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16 | Sec. 1. Legislative purpose. The practice as a physician | ||||||
17 | assistant in the State of
Illinois is hereby declared to | ||||||
18 | affect the public health, safety and welfare
and to be subject | ||||||
19 | to regulation and control in the public interest. The
purpose | ||||||
20 | and legislative intent of this Act is to encourage and promote | ||||||
21 | the
more effective utilization of the skills of physicians by | ||||||
22 | enabling them to collaborate effectively and efficiently with
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23 | delegate certain health tasks to physician assistants to | ||||||
24 | provide medical care where such delegation
is consistent with |
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1 | the health and welfare of the patient and is conducted
at the | ||||||
2 | direction of and under the responsible supervision of the | ||||||
3 | physician .
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4 | It is further declared to be a matter of public health and | ||||||
5 | concern that
the practice as a physician assistant, as defined | ||||||
6 | in this Act, merit and
receive the confidence of the public, | ||||||
7 | that only qualified persons be
authorized to practice as a | ||||||
8 | physician assistant in the State of Illinois.
This Act shall | ||||||
9 | be liberally construed to best carry out these subjects
and | ||||||
10 | purposes.
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11 | (Source: P.A. 100-453, eff. 8-25-17.)
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12 | (225 ILCS 95/4) (from Ch. 111, par. 4604)
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13 | (Section scheduled to be repealed on January 1, 2028)
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14 | Sec. 4. Definitions. In this Act:
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15 | 1. "Department" means the Department of Financial and
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16 | Professional Regulation.
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17 | 2. "Secretary" means the Secretary
of Financial and | ||||||
18 | Professional Regulation.
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19 | 3. "Physician assistant" means any person not holding an | ||||||
20 | active license or permit issued by the Department pursuant to | ||||||
21 | the Medical Practice Act of 1987 who has been
certified as a | ||||||
22 | physician assistant by the National Commission on the
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23 | Certification of Physician Assistants or equivalent successor | ||||||
24 | agency and practices medicine
performs procedures in | ||||||
25 | collaboration with a physician as defined in this
Act. A |
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1 | physician assistant may practice medicine perform such | ||||||
2 | procedures within the
specialty of the collaborating | ||||||
3 | physician , except that such physician shall
exercise such | ||||||
4 | direction, collaboration, and control over such physician
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5 | assistants as will assure that patients shall receive quality | ||||||
6 | medical
care . Physician assistants shall be capable of | ||||||
7 | performing a variety of tasks
within their education, | ||||||
8 | training, and experience the specialty of medical care in | ||||||
9 | collaboration with a physician.
Collaboration with the | ||||||
10 | physician assistant shall not be construed to
necessarily | ||||||
11 | require the personal presence of the collaborating physician | ||||||
12 | at
all times at the place where services are rendered, as long | ||||||
13 | as there is
communication available for consultation by radio, | ||||||
14 | telephone or
telecommunications within established guidelines | ||||||
15 | as determined by the
physician/physician assistant team. | ||||||
16 | Medical care provided by the physician assistant shall be | ||||||
17 | consistent with the physician assistant's education, training, | ||||||
18 | and experience. The physician assistant's medical tasks or | ||||||
19 | duties The collaborating physician may delegate
tasks and | ||||||
20 | duties to the physician assistant. Delegated tasks or duties
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21 | shall be consistent with physician assistant education, | ||||||
22 | training, and
experience. The delegated tasks or duties shall | ||||||
23 | be specific to the
practice setting and shall be implemented | ||||||
24 | and reviewed under a written collaborative agreement
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25 | established by the physician or physician/physician assistant | ||||||
26 | team. A
physician assistant, acting as an agent of the |
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1 | physician, shall be
permitted to transmit the collaborating | ||||||
2 | physician's orders as determined by
the institution's by-laws, | ||||||
3 | policies, procedures, or job description within
which the | ||||||
4 | physician/physician assistant team practices. Physician
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5 | assistants shall practice only in accordance with a written | ||||||
6 | collaborative agreement.
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7 | Any person who holds an active license or permit issued | ||||||
8 | pursuant to the Medical Practice Act of 1987 shall have that | ||||||
9 | license automatically placed into inactive status upon | ||||||
10 | issuance of a physician assistant license. Any person who | ||||||
11 | holds an active license as a physician assistant who is issued | ||||||
12 | a license or permit pursuant to the Medical Practice Act of | ||||||
13 | 1987 shall have his or her physician assistant license | ||||||
14 | automatically placed into inactive status. | ||||||
15 | 3.5. "Physician assistant practice" means the performance | ||||||
16 | of procedures and the practice of medicine, including | ||||||
17 | procedures in the behavioral and mental health services, | ||||||
18 | within the specialty of the collaborating physician. Medical | ||||||
19 | care provided by the physician assistant shall be consistent | ||||||
20 | with the Physician assistants shall be capable of performing a | ||||||
21 | variety of tasks within the specialty of medical care of the | ||||||
22 | collaborating physician. Collaboration with the physician | ||||||
23 | assistant shall not be construed to necessarily require the | ||||||
24 | personal presence of the collaborating physician at all times | ||||||
25 | at the place where services are rendered, as long as there is | ||||||
26 | communication available for consultation by radio, telephone, |
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1 | telecommunications, or electronic communications. The | ||||||
2 | collaborating physician may delegate tasks and duties to the | ||||||
3 | physician assistant. Delegated tasks or duties shall be | ||||||
4 | consistent with physician assistant's assistant education, | ||||||
5 | training, and experience. The delegated tasks or duties shall | ||||||
6 | be specific to the practice setting and shall be implemented | ||||||
7 | and reviewed under a written collaborative agreement | ||||||
8 | established by the physician or physician/physician assistant | ||||||
9 | team. A physician assistant shall be permitted to transmit the | ||||||
10 | collaborating physician's orders as determined by the | ||||||
11 | institution's bylaws, policies, or procedures or the job | ||||||
12 | description within which the physician/physician assistant | ||||||
13 | team practices. Physician assistants shall practice only in | ||||||
14 | accordance with a written collaborative agreement, except as | ||||||
15 | provided in Section 7.5 of this Act. | ||||||
16 | 4. "Board" means the Medical Licensing Board
constituted | ||||||
17 | under the Medical Practice Act of 1987.
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18 | 5. "Disciplinary Board" means the Medical Disciplinary | ||||||
19 | Board constituted
under the Medical Practice Act of 1987.
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20 | 6. "Physician" means a person licensed to
practice | ||||||
21 | medicine in all of its branches under the Medical Practice Act | ||||||
22 | of 1987.
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23 | 7. "Collaborating physician" means the physician who, | ||||||
24 | within
his or her specialty and expertise, collaborates with a | ||||||
25 | may delegate a variety of
tasks and procedures to the | ||||||
26 | physician assistant. Such collaboration tasks and
procedures |
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1 | shall be delegated in accordance with a written
collaborative | ||||||
2 | agreement.
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3 | 8. (Blank).
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4 | 9. "Address of record" means the designated address | ||||||
5 | recorded by the Department in the applicant's or licensee's | ||||||
6 | application file or license file maintained by the | ||||||
7 | Department's licensure maintenance unit.
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8 | 10. "Hospital affiliate" means a corporation, partnership, | ||||||
9 | joint venture, limited liability company, or similar | ||||||
10 | organization, other than a hospital, that is devoted primarily | ||||||
11 | to the provision, management, or support of health care | ||||||
12 | services and that directly or indirectly controls, is | ||||||
13 | controlled by, or is under common control of the hospital. For | ||||||
14 | the purposes of this definition, "control" means having at | ||||||
15 | least an equal or a majority ownership or membership interest. | ||||||
16 | A hospital affiliate shall be 100% owned or controlled by any | ||||||
17 | combination of hospitals, their parent corporations, or | ||||||
18 | physicians licensed to practice medicine in all its branches | ||||||
19 | in Illinois. "Hospital affiliate" does not include a health | ||||||
20 | maintenance organization regulated under the Health | ||||||
21 | Maintenance Organization Act. | ||||||
22 | 11. "Email address of record" means the designated email | ||||||
23 | address recorded by the Department in the applicant's | ||||||
24 | application file or the licensee's license file, as maintained | ||||||
25 | by the Department's licensure maintenance unit. | ||||||
26 | (Source: P.A. 99-330, eff. 1-1-16; 100-453, eff. 8-25-17.)
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1 | (225 ILCS 95/6) (from Ch. 111, par. 4606)
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2 | (Section scheduled to be repealed on January 1, 2028)
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3 | Sec. 6. Physician assistant title.
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4 | (a) No physician assistant shall use
the title of doctor | ||||||
5 | or , physician , or associate with his or her name or any other | ||||||
6 | term that
would indicate to other persons that he or she is | ||||||
7 | qualified to engage in the
general practice of medicine.
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8 | (b) A physician assistant shall verbally identify himself | ||||||
9 | or herself as a physician assistant, including specialty | ||||||
10 | certification, to each patient. | ||||||
11 | (c) Nothing in this Act shall be construed to relieve a | ||||||
12 | physician assistant of the professional or legal | ||||||
13 | responsibility for the care and treatment of persons attended | ||||||
14 | by him or her.
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15 | (d) The collaborating physician shall file with the | ||||||
16 | Department notice of
employment, discharge, or collaboration | ||||||
17 | with a physician assistant at the
time of employment, | ||||||
18 | discharge, or assumption of collaboration with a
physician | ||||||
19 | assistant.
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20 | (Source: P.A. 100-453, eff. 8-25-17.)
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21 | (225 ILCS 95/7) (from Ch. 111, par. 4607)
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22 | (Section scheduled to be repealed on January 1, 2028)
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23 | Sec. 7. Collaboration requirements. | ||||||
24 | (a) A collaborating physician shall determine the number |
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1 | of physician assistants to collaborate with, provided the | ||||||
2 | physician is able to provide adequate collaboration as | ||||||
3 | outlined in the written collaborative agreement required under | ||||||
4 | Section 7.5 of this Act and consideration is given to the | ||||||
5 | nature of the physician's practice, complexity of the patient | ||||||
6 | population, and the experience of each physician assistant. A | ||||||
7 | collaborating physician may collaborate with a maximum of 7 | ||||||
8 | full-time equivalent physician assistants as described in | ||||||
9 | Section 54.5 of the Medical Practice Act of 1987. As used in | ||||||
10 | this Section, "full-time equivalent" means the equivalent of | ||||||
11 | 40 hours per week per individual. Physicians and physician | ||||||
12 | assistants who work in a hospital, hospital affiliate, or | ||||||
13 | ambulatory surgical treatment center as defined by Section 7.7 | ||||||
14 | of this Act are exempt from the collaborative ratio | ||||||
15 | restriction requirements of this Section. A physician | ||||||
16 | assistant shall be able to
hold more than one professional | ||||||
17 | position. A collaborating physician shall
file a notice of | ||||||
18 | collaboration of each physician assistant according to the
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19 | rules of the Department.
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20 | Physician assistants shall collaborate only with | ||||||
21 | physicians as defined in
this Act
who are engaged in clinical | ||||||
22 | practice, or in clinical practice in
public health or other | ||||||
23 | community health facilities.
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24 | Nothing in this Act shall be construed to limit the | ||||||
25 | delegation of tasks or
duties by a physician to a nurse or | ||||||
26 | other appropriately trained personnel.
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1 | Nothing in this Act
shall be construed to prohibit the | ||||||
2 | employment of physician assistants by
a hospital, nursing home | ||||||
3 | or other health care facility where such physician
assistants | ||||||
4 | function under a collaborating physician .
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5 | A physician assistant may be employed by a practice group | ||||||
6 | or other entity
employing multiple physicians at one or more | ||||||
7 | locations. In that case, one of
the
physicians practicing at a | ||||||
8 | location shall be designated the collaborating
physician. The | ||||||
9 | other physicians with that practice group or other entity who
| ||||||
10 | practice in the same general type of practice or specialty
as | ||||||
11 | the collaborating physician may collaborate with the physician | ||||||
12 | assistant with respect
to their patients.
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13 | (b) A physician assistant licensed in this State, or | ||||||
14 | licensed or authorized to practice in any other U.S. | ||||||
15 | jurisdiction or credentialed by his or her federal employer as | ||||||
16 | a physician assistant, who is responding to a need for medical | ||||||
17 | care created by an emergency or by a state or local disaster | ||||||
18 | may render such care that the physician assistant is able to | ||||||
19 | provide without collaboration as it is defined in this Section | ||||||
20 | or with such collaboration as is available.
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21 | Any physician who collaborates with a physician assistant | ||||||
22 | providing medical care in response to such an emergency or | ||||||
23 | state or local disaster shall not be required to meet the | ||||||
24 | requirements set forth in this Section for a collaborating | ||||||
25 | physician. | ||||||
26 | (Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19 .)
|
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| |||||||
1 | (225 ILCS 95/7.5)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
3 | Sec. 7.5. Collaborative Written collaborative agreements; | ||||||
4 | prescriptive authority. | ||||||
5 | (a) A written collaborative agreement is required for all | ||||||
6 | physician assistants to practice in the State, except as | ||||||
7 | provided in Section 7.7 of this Act. | ||||||
8 | (1) A written collaborative agreement shall describe | ||||||
9 | the working relationship of the physician assistant with | ||||||
10 | the collaborating physician and shall describe the | ||||||
11 | categories of care, treatment, or procedures to be | ||||||
12 | provided by the physician assistant.
The written | ||||||
13 | collaborative agreement shall be established at the | ||||||
14 | practice level and shall promote the exercise of | ||||||
15 | professional judgment by the physician assistant | ||||||
16 | commensurate with his or her education and experience. The | ||||||
17 | services to be provided by the physician assistant shall | ||||||
18 | be services that the collaborating physician is authorized | ||||||
19 | to and generally provides to his or her patients in the | ||||||
20 | normal course of his or her clinical medical practice. The | ||||||
21 | written collaborative agreement need not describe the | ||||||
22 | exact steps that a physician assistant must take with | ||||||
23 | respect to each specific condition, disease, or symptom | ||||||
24 | but must specify which authorized procedures require the | ||||||
25 | presence of the collaborating physician as the procedures |
| |||||||
| |||||||
1 | are being performed. The relationship under a written | ||||||
2 | collaborative agreement shall not be construed to require | ||||||
3 | the personal presence of a physician at the place where | ||||||
4 | services are rendered. Methods of communication shall be | ||||||
5 | available for consultation with the collaborating | ||||||
6 | physician in person or by telecommunications or electronic | ||||||
7 | communications as set forth in the written collaborative | ||||||
8 | agreement. For the purposes of this Act, "generally | ||||||
9 | provides to his or her patients in the normal course of his | ||||||
10 | or her clinical medical practice" means services, not | ||||||
11 | specific tasks or duties, the collaborating physician | ||||||
12 | routinely provides individually or through delegation to | ||||||
13 | other persons so that the physician has the experience and | ||||||
14 | ability to collaborate and provide consultation. | ||||||
15 | (2) The written collaborative agreement shall be | ||||||
16 | adequate if a physician does each of the following: | ||||||
17 | (A) Participates in the joint formulation and | ||||||
18 | joint approval of orders or guidelines with the | ||||||
19 | physician assistant and he or she periodically reviews | ||||||
20 | such orders and the services provided patients under | ||||||
21 | such orders in accordance with accepted standards of | ||||||
22 | medical practice and physician assistant practice. | ||||||
23 | (B) Provides consultation at least once a month. | ||||||
24 | (3) (Blank). A copy of the signed, written | ||||||
25 | collaborative agreement must be available to the | ||||||
26 | Department upon request from both the physician assistant |
| |||||||
| |||||||
1 | and the collaborating physician. | ||||||
2 | (4) A physician assistant shall , upon request, inform | ||||||
3 | each collaborating physician of all written collaborative | ||||||
4 | agreements into which he or she has entered signed and | ||||||
5 | provide a copy of these to any collaborating physician | ||||||
6 | upon request . | ||||||
7 | (b) A collaborating physician may, but is not required to, | ||||||
8 | delegate prescriptive authority to a physician assistant as | ||||||
9 | part of a written collaborative agreement. This authority may, | ||||||
10 | but is not required to, include prescription of, selection of, | ||||||
11 | orders for, administration of, storage of, acceptance of | ||||||
12 | samples of, and dispensing medical devices, over the counter | ||||||
13 | medications, legend drugs, medical gases, and controlled | ||||||
14 | substances categorized as Schedule II through V controlled | ||||||
15 | substances, as defined in Article II of the Illinois | ||||||
16 | Controlled Substances Act, and other preparations, including, | ||||||
17 | but not limited to, botanical and herbal remedies. The | ||||||
18 | physician assistant's collaborating physician must have a | ||||||
19 | valid, current Illinois controlled substance license and | ||||||
20 | federal registration with the Drug Enforcement Administration | ||||||
21 | Agency to delegate the authority to prescribe controlled | ||||||
22 | substances . | ||||||
23 | (1) To prescribe Schedule II, III, IV, or V controlled | ||||||
24 | substances under this
Section, a physician assistant must | ||||||
25 | obtain a mid-level practitioner
controlled substances | ||||||
26 | license. Medication orders issued by a
physician
assistant |
| |||||||
| |||||||
1 | shall be reviewed
periodically by the collaborating | ||||||
2 | physician. | ||||||
3 | (2) The collaborating physician shall file
with the | ||||||
4 | Department notice of delegation of prescriptive authority | ||||||
5 | to a
physician assistant and
termination of prescriptive | ||||||
6 | authority delegation, specifying the authority delegated | ||||||
7 | or terminated .
Upon receipt of this notice of prescriptive | ||||||
8 | authority delegating authority to prescribe controlled | ||||||
9 | substances , the physician assistant shall be eligible to
| ||||||
10 | register for a mid-level practitioner controlled | ||||||
11 | substances license under
Section 303.05 of the Illinois | ||||||
12 | Controlled Substances Act.
Nothing in this Act shall be | ||||||
13 | construed to limit the delegation of tasks or
duties by | ||||||
14 | the collaborating physician to a nurse or other | ||||||
15 | appropriately trained
persons in accordance with Section | ||||||
16 | 54.2 of the Medical Practice Act of 1987.
| ||||||
17 | (3) In addition to the requirements of this subsection | ||||||
18 | (b), a collaborating physician may, but is not required | ||||||
19 | to, specify that the physician assistant may delegate | ||||||
20 | authority to a physician assistant to prescribe Schedule | ||||||
21 | II controlled substances, if all of the following | ||||||
22 | conditions apply: | ||||||
23 | (A) A physician assistant may prescribe specific | ||||||
24 | Schedule II controlled substances by oral dosage or | ||||||
25 | topical or transdermal application if the Specific | ||||||
26 | Schedule II controlled substances by oral dosage or |
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| |||||||
1 | topical or transdermal application may be delegated, | ||||||
2 | provided that the delegated Schedule II controlled | ||||||
3 | substances are routinely prescribed by the | ||||||
4 | collaborating physician. The This delegation must | ||||||
5 | identify the specific Schedule II controlled | ||||||
6 | substances must be identified by either brand name or | ||||||
7 | generic name. A physician assistant may not prescribe | ||||||
8 | Schedule II controlled substances to be delivered by | ||||||
9 | injection or other route of administration may not be | ||||||
10 | delegated . | ||||||
11 | (B) (Blank). | ||||||
12 | (C) Any prescription must be limited to no more | ||||||
13 | than a 30-day supply, with any continuation authorized | ||||||
14 | only after prior approval of the collaborating | ||||||
15 | physician. | ||||||
16 | (D) The physician assistant must discuss the | ||||||
17 | condition of any patients for whom a controlled | ||||||
18 | substance is prescribed monthly with the collaborating | ||||||
19 | physician. | ||||||
20 | (E) The physician assistant meets the education | ||||||
21 | requirements of Section 303.05 of the Illinois | ||||||
22 | Controlled Substances Act. | ||||||
23 | (c) Nothing in this Act shall be construed to limit the | ||||||
24 | delegation of tasks or duties by a physician to a licensed | ||||||
25 | practical nurse, a registered professional nurse, or other | ||||||
26 | persons. Nothing in this Act shall be construed to limit the |
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| |||||||
1 | means of collaboration between the physician assistant and the | ||||||
2 | collaborating physician method of delegation that may be | ||||||
3 | authorized by any means, including, but not limited to, oral, | ||||||
4 | written, electronic, standing orders, protocols, guidelines, | ||||||
5 | or verbal orders. Nothing in this Act shall be construed to | ||||||
6 | authorize a physician assistant to provide health care | ||||||
7 | services required by law or rule to be performed by a | ||||||
8 | physician. Nothing in this Act shall be construed to authorize | ||||||
9 | the delegation or performance of operative surgery. Nothing in | ||||||
10 | this Section shall be construed to preclude a physician | ||||||
11 | assistant from assisting in surgery. | ||||||
12 | (c-5) Nothing in this Section shall be construed to apply
| ||||||
13 | to any medication authority, including Schedule II controlled
| ||||||
14 | substances of a licensed physician assistant for care provided
| ||||||
15 | in a hospital, hospital affiliate, or ambulatory surgical
| ||||||
16 | treatment center pursuant to Section 7.7 of this Act.
| ||||||
17 | (d) (Blank). | ||||||
18 | (e) Nothing in this Section shall be construed to prohibit | ||||||
19 | generic substitution. | ||||||
20 | (Source: P.A. 100-453, eff. 8-25-17; 101-13, eff. 6-12-19; | ||||||
21 | revised 8-24-20.)
| ||||||
22 | (225 ILCS 95/7.7) | ||||||
23 | (Section scheduled to be repealed on January 1, 2028) | ||||||
24 | Sec. 7.7. Physician assistants in hospitals, hospital | ||||||
25 | affiliates, or ambulatory surgical treatment centers. |
| |||||||
| |||||||
1 | (a) A physician assistant may provide services in a | ||||||
2 | hospital as defined in the Hospital Licensing Act, a hospital | ||||||
3 | affiliate as defined in the University of Illinois Hospital | ||||||
4 | Act, or a licensed ambulatory surgical treatment center as | ||||||
5 | defined in the Ambulatory Surgical Treatment Center Act | ||||||
6 | without a written collaborative agreement pursuant to Section | ||||||
7 | 7.5 of this Act. A physician assistant must possess clinical | ||||||
8 | privileges recommended by the hospital medical staff and | ||||||
9 | granted by the hospital or the consulting medical staff | ||||||
10 | committee and ambulatory surgical treatment center in order to | ||||||
11 | provide services. The medical staff or consulting medical | ||||||
12 | staff committee shall periodically review the services of | ||||||
13 | physician assistants granted clinical privileges, including | ||||||
14 | any care provided in a hospital affiliate. Authority may also | ||||||
15 | be granted when recommended by the hospital medical staff and | ||||||
16 | granted by the hospital or recommended by the consulting | ||||||
17 | medical staff committee and ambulatory surgical treatment | ||||||
18 | center to individual physician assistants to select, order, | ||||||
19 | and administer medications, including controlled substances, | ||||||
20 | to provide delineated care. In a hospital, hospital affiliate, | ||||||
21 | or ambulatory surgical treatment center, the medical staff | ||||||
22 | attending physician shall determine a physician assistant's | ||||||
23 | role in providing care for his or her patients, except as | ||||||
24 | otherwise provided in the medical staff bylaws or consulting | ||||||
25 | committee policies. | ||||||
26 | (a-5) Physician assistants practicing in a hospital |
| |||||||
| |||||||
1 | affiliate may be, but are not required to be, granted | ||||||
2 | authority to prescribe Schedule II through V controlled | ||||||
3 | substances when such authority is recommended by the | ||||||
4 | appropriate physician committee of the hospital affiliate and | ||||||
5 | granted by the hospital affiliate. This authority may, but is | ||||||
6 | not required to, include prescription of, selection of, orders | ||||||
7 | for, administration of,
storage of, acceptance of samples of, | ||||||
8 | and dispensing over-the-counter medications, legend drugs, | ||||||
9 | medical gases, and controlled substances categorized as | ||||||
10 | Schedule II through V controlled substances, as defined in | ||||||
11 | Article II of the Illinois Controlled Substances Act, and | ||||||
12 | other preparations, including, but not limited to, botanical | ||||||
13 | and herbal remedies. | ||||||
14 | To prescribe controlled substances under this subsection | ||||||
15 | (a-5), a physician assistant must obtain a mid-level | ||||||
16 | practitioner controlled substance license. Medication orders | ||||||
17 | shall be reviewed periodically by the appropriate hospital | ||||||
18 | affiliate physicians committee or its physician designee. | ||||||
19 | The hospital affiliate shall file with the Department | ||||||
20 | notice of a grant of prescriptive authority consistent with | ||||||
21 | this subsection (a-5) and termination of such a grant of | ||||||
22 | authority in accordance with rules of the Department. Upon | ||||||
23 | receipt of this notice of grant of authority to prescribe any | ||||||
24 | Schedule II through V controlled substances, the licensed | ||||||
25 | physician assistant may register for a mid-level practitioner | ||||||
26 | controlled substance license under Section 303.05 of the |
| |||||||
| |||||||
1 | Illinois Controlled Substances Act. | ||||||
2 | In addition, a hospital affiliate may, but is not required | ||||||
3 | to, grant authority to a physician assistant to prescribe any | ||||||
4 | Schedule II controlled substances if all of the following | ||||||
5 | conditions apply: | ||||||
6 | (1) specific Schedule II controlled substances by oral | ||||||
7 | dosage or topical or transdermal application may be | ||||||
8 | designated, provided that the designated Schedule II | ||||||
9 | controlled substances are routinely prescribed by | ||||||
10 | physician assistants in their area of certification; this | ||||||
11 | grant of authority must identify the specific Schedule II | ||||||
12 | controlled substances by either brand name or generic | ||||||
13 | name; authority to prescribe or dispense Schedule II | ||||||
14 | controlled substances to be delivered by injection or | ||||||
15 | other route of administration may not be granted; | ||||||
16 | (2) any grant of authority must be controlled | ||||||
17 | substances limited to the practice of the physician | ||||||
18 | assistant; | ||||||
19 | (3) any prescription must be limited to no more than a | ||||||
20 | 30-day supply; | ||||||
21 | (4) the physician assistant must discuss the condition | ||||||
22 | of any patients for whom a controlled substance is | ||||||
23 | prescribed monthly with the appropriate physician | ||||||
24 | committee of the hospital affiliate or its physician | ||||||
25 | designee; and | ||||||
26 | (5) the physician assistant must meet the education |
| |||||||
| |||||||
1 | requirements of Section 303.05 of the Illinois Controlled | ||||||
2 | Substances Act. | ||||||
3 | (b) A physician assistant granted authority to order | ||||||
4 | medications including controlled substances may complete | ||||||
5 | discharge prescriptions provided the prescription is in the | ||||||
6 | name of the physician assistant and the attending or | ||||||
7 | discharging physician. | ||||||
8 | (c) Physician assistants practicing in a hospital, | ||||||
9 | hospital affiliate, or an ambulatory surgical treatment center | ||||||
10 | are not required to obtain a mid-level controlled substance | ||||||
11 | license to order controlled substances under Section 303.05 of | ||||||
12 | the Illinois Controlled Substances Act.
| ||||||
13 | (Source: P.A. 100-453, eff. 8-25-17.)
| ||||||
14 | (225 ILCS 95/11) (from Ch. 111, par. 4611)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
16 | Sec. 11. Physician Assistant Medical Licensing Board | ||||||
17 | Committee . There is established a Physician Assistant Medical | ||||||
18 | Licensing Board physician assistant advisory
committee
to the | ||||||
19 | Department and the Medical Licensing Board . The Physician | ||||||
20 | Assistant Medical Licensing Board may manage and regulate | ||||||
21 | physician assistant advisory
committee may review and make | ||||||
22 | recommendations to the
Department and the Board regarding all | ||||||
23 | matters relating to physician assistants. Such matters may | ||||||
24 | include, but not be limited to: | ||||||
25 | (1) applications for licensure; |
| |||||||
| |||||||
1 | (2) (blank); disciplinary proceedings; | ||||||
2 | (3) renewal requirements; and | ||||||
3 | (4) any other issues pertaining to the regulation and | ||||||
4 | practice of physician assistants in the State. | ||||||
5 | The Physician Assistant Medical Licensing Board
physician | ||||||
6 | assistant advisory committee shall be composed of 7 members. | ||||||
7 | Two
Three of the 7 members shall be physicians appointed by the | ||||||
8 | Governor , 2 of whom shall be members of
the Board and appointed | ||||||
9 | to the advisory committee by
the chairman. One physician, not | ||||||
10 | a member of the Board,
shall be a supervisor of a licensed | ||||||
11 | physician assistant and
shall be approved by the Governor from | ||||||
12 | a list of Illinois physicians who collaborate with
supervising | ||||||
13 | licensed physician assistants. Four Three members shall be
| ||||||
14 | physician assistants, licensed under the law and appointed by | ||||||
15 | the Governor
from a list of 10 names recommended by the Board | ||||||
16 | of Directors of the
Illinois Academy of Physician Assistants. | ||||||
17 | One member, not employed or
having any material interest in | ||||||
18 | any health care field, shall be appointed
by the Governor and | ||||||
19 | represent the public. The chairman of the Physician Assistant | ||||||
20 | Medical Licensing Board physician
assistant advisory committee | ||||||
21 | shall be a member elected by a majority vote
of the Physician | ||||||
22 | Assistant Medical Licensing Board physician assistant advisory | ||||||
23 | committee unless already a member of
the Board . The Physician | ||||||
24 | Assistant Medical Licensing Board physician assistant advisory | ||||||
25 | committee
is required to meet and report to the Department and | ||||||
26 | the Board as physician assistant issues arise. The terms of |
| |||||||
| |||||||
1 | office of each of the
original 7 members shall be at staggered | ||||||
2 | intervals. One physician and one
physician assistant shall | ||||||
3 | serve for a 2 year term. One physician and one
physician | ||||||
4 | assistant shall serve a 3 year term. One physician, one | ||||||
5 | physician
assistant and the public member shall serve a 4 year | ||||||
6 | term. Upon the
expiration of the term of any member, his | ||||||
7 | successor shall be appointed for
a term of 4 years in the same | ||||||
8 | manner as the initial appointment. No member
shall serve more | ||||||
9 | than 2 consecutive terms.
| ||||||
10 | Four members of the Physician Assistant Medical Licensing | ||||||
11 | Board physician assistant advisory committee
shall constitute | ||||||
12 | a quorum. A quorum is required to perform all of the duties of | ||||||
13 | the committee.
| ||||||
14 | Members of the Physician Assistant Medical Licensing Board | ||||||
15 | physician assistant advisory committee shall have no liability
| ||||||
16 | for any
action based upon a disciplinary proceeding or other | ||||||
17 | activity performed in good
faith as a member of the committee.
| ||||||
18 | (Source: P.A. 95-703, eff. 12-31-07; 96-720, eff. 8-25-09 .)
| ||||||
19 | Section 99. Effective date. This Act takes effect January | ||||||
20 | 1, 2022.
|