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| Public Act 103-0228
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| SB1785 Enrolled | LRB103 26967 AMQ 53333 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Medical Practice Act of 1987 is amended by |
changing Section 54.5 as follows:
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(225 ILCS 60/54.5)
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(Section scheduled to be repealed on January 1, 2027)
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Sec. 54.5. Physician delegation of authority to physician |
assistants, advanced practice registered nurses without full |
practice authority, and prescribing psychologists.
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(a) Physicians licensed to practice medicine in all its
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branches may delegate care and treatment responsibilities to a
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physician assistant under guidelines in accordance with the
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requirements of the Physician Assistant Practice Act of
1987. |
A physician licensed to practice medicine in all its
branches |
may enter into collaborative agreements with
no more than 7 |
full-time equivalent physician assistants, except in a |
hospital, hospital affiliate, or ambulatory surgical treatment |
center as set forth by Section 7.7 of the Physician Assistant |
Practice Act of 1987 and as provided in subsection (a-5).
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(a-5) A physician licensed to practice medicine in all its |
branches may collaborate with more than 7 physician assistants |
when the services are provided in a federal primary care |
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health professional shortage area with a Health Professional |
Shortage Area score greater than or equal to 12, as determined |
by the United States Department of Health and Human Services. |
The collaborating physician must keep appropriate |
documentation of meeting this exemption and make it available |
to the Department upon request. |
(b) A physician licensed to practice medicine in all its
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branches in active clinical practice may collaborate with an |
advanced practice
registered 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 for which the collaborating physician |
can provide adequate collaboration in the same area of |
practice or specialty as the collaborating physician in
his or |
her clinical medical practice.
A written collaborative |
agreement shall be adequate with respect to collaboration
with |
advanced practice registered nurses if all of the following |
apply:
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(1) The agreement is written to promote the exercise |
of professional judgment by the advanced practice |
registered nurse commensurate with his or her education |
and experience.
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(2) The advanced practice registered nurse provides |
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services based upon a written collaborative agreement with |
the collaborating physician, 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. |
(3) 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.
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(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:
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(1) an anesthesiologist or a physician
participates in |
the joint formulation and joint approval of orders or
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guidelines and periodically reviews such orders and the |
services provided
patients under such orders; and
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(2) for anesthesia services, the anesthesiologist
or |
physician participates through discussion of and agreement |
with the
anesthesia plan and is physically present and |
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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.
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(b-10) The anesthesiologist or operating physician must |
agree with the
anesthesia plan prior to the delivery of |
services.
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(c) The collaborating physician shall have access to the
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medical records of all patients attended by a physician
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assistant. The collaborating physician shall have access to
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the medical records of all patients attended to by an
advanced |
practice registered nurse.
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(d) (Blank).
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(e) A physician shall not be liable for the acts or
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omissions of a prescribing psychologist, physician assistant, |
or advanced practice
registered nurse solely on the basis of |
having signed a
supervision agreement or guidelines or a |
collaborative
agreement, an order, a standing medical order, a
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standing delegation order, or other order or guideline
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authorizing a prescribing psychologist, physician assistant, |
or advanced practice
registered nurse to perform acts, unless |
the physician has
reason to believe the prescribing |
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psychologist, physician assistant, or advanced
practice |
registered nurse lacked the competency to perform
the act or |
acts or commits willful and wanton misconduct.
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(f) A collaborating physician may, but is not required to, |
delegate prescriptive authority to an advanced practice |
registered nurse as part of a written collaborative agreement, |
and the delegation of prescriptive authority shall conform to |
the requirements of Section 65-40 of the Nurse Practice Act. |
(g) A collaborating physician may, but is not required to, |
delegate prescriptive authority to a physician assistant as |
part of a written collaborative agreement, and the delegation |
of prescriptive authority shall conform to the requirements of |
Section 7.5 of the Physician Assistant Practice Act of 1987. |
(h) (Blank). |
(i) A collaborating physician shall delegate prescriptive |
authority to a prescribing psychologist as part of a written |
collaborative agreement, and the delegation of prescriptive |
authority shall conform to the requirements of Section 4.3 of |
the Clinical Psychologist Licensing Act. |
(j) As set forth in Section 22.2 of this Act, a licensee |
under this Act may not directly or indirectly divide, share, |
or split any professional fee or other form of compensation |
for professional services with anyone in exchange for a |
referral or otherwise, other than as provided in Section 22.2. |
(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17; |
100-513, eff. 1-1-18; 100-605, eff. 1-1-19; 100-863, eff. |
