(225 ILCS 95/7.5)
(Section scheduled to be repealed on January 1, 2028)
Written collaborative agreements; prescriptive authority.
(a) A written collaborative agreement is required for all physician assistants to practice in the State, except as provided in Section 7.7 of this Act.
(1) A written collaborative agreement shall describe
the working relationship of the physician assistant with the collaborating physician and shall describe the categories of care, treatment, or procedures to be provided by the physician assistant. The written collaborative agreement shall promote the exercise of professional judgment by the physician assistant commensurate with his or her education and experience. The services to be provided by the physician assistant shall be services that the collaborating physician is authorized to and generally provides to his or her patients in the normal course of his or her clinical medical practice. The written collaborative agreement need not describe the exact steps that a physician assistant must take with respect to each specific condition, disease, or symptom but must specify which authorized procedures require the presence of the collaborating physician as the procedures are being performed. The relationship under a written collaborative agreement shall not be construed to require the personal presence of a physician at the place where services are rendered. Methods of communication shall be available for consultation with the collaborating physician in person or by telecommunications or electronic communications as set forth in the written collaborative agreement. For the purposes of this Act, "generally provides to his or her patients in the normal course of his or her clinical medical practice" means services, not specific tasks or duties, the collaborating physician routinely provides individually or through delegation to other persons so that the physician has the experience and ability to collaborate and provide consultation.
(2) The written collaborative agreement shall be
adequate if a physician does each of the following:
(A) Participates in the joint formulation and
joint approval of orders or guidelines with the physician assistant and he or she periodically reviews such orders and the services provided patients under such orders in accordance with accepted standards of medical practice and physician assistant practice.
(B) Provides consultation at least once a month.
(3) A copy of the signed, written collaborative
agreement must be available to the Department upon request from both the physician assistant and the collaborating physician.
(4) A physician assistant shall inform each
collaborating physician of all written collaborative agreements he or she has signed and provide a copy of these to any collaborating physician upon request.
(b) A collaborating physician may, but is not required to, delegate prescriptive authority to a physician assistant as part of a written collaborative agreement. This authority may, but is not required to, include prescription of, selection of, orders for, administration of, storage of, acceptance of samples of, and dispensing medical devices, over the counter medications, legend drugs, medical gases, and controlled substances categorized as Schedule II through V controlled substances, as defined in Article II of the Illinois Controlled Substances Act, and other preparations, including, but not limited to, botanical and herbal remedies. The collaborating physician must have a valid, current Illinois controlled substance license and federal registration with the Drug Enforcement Agency to delegate the authority to prescribe controlled substances.
(1) To prescribe Schedule II, III, IV, or V
controlled substances under this Section, a physician assistant must obtain a mid-level practitioner controlled substances license. Medication orders issued by a physician assistant shall be reviewed periodically by the collaborating physician.
(2) The collaborating physician shall file with the
Department notice of delegation of prescriptive authority to a physician assistant and termination of delegation, specifying the authority delegated or terminated. Upon receipt of this notice delegating authority to prescribe controlled substances, the physician assistant shall be eligible to register for a mid-level practitioner controlled substances license under Section 303.05 of the Illinois Controlled Substances Act. Nothing in this Act shall be construed to limit the delegation of tasks or duties by the collaborating physician to a nurse or other appropriately trained persons in accordance with Section 54.2 of the Medical Practice Act of 1987.
(3) In addition to the requirements of this
subsection (b), a collaborating physician may, but is not required to, delegate authority to a physician assistant to prescribe Schedule II controlled substances, if all of the following conditions apply:
(A) Specific Schedule II controlled substances by
oral dosage or topical or transdermal application may be delegated, provided that the delegated Schedule II controlled substances are routinely prescribed by the collaborating physician. This delegation must identify the specific Schedule II controlled substances by either brand name or generic name. Schedule II controlled substances to be delivered by injection or other route of administration may not be delegated.
(C) Any prescription must be limited to no more
than a 30-day supply, with any continuation authorized only after prior approval of the collaborating physician.
(D) The physician assistant must discuss the
condition of any patients for whom a controlled substance is prescribed monthly with the collaborating physician.
(E) The physician assistant meets the education
requirements of Section 303.05 of the Illinois Controlled Substances Act.
(c) Nothing in this Act shall be construed to limit the delegation of tasks or duties by a physician to a licensed practical nurse, a registered professional nurse, or other persons. 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. Nothing in this Act shall be construed to authorize a physician assistant to provide health care services required by law or rule to be performed by a physician.
(c-5) Nothing in this Section shall be construed to apply
to any medication authority, including Schedule II controlled
substances of a licensed physician assistant for care provided
in a hospital, hospital affiliate, or ambulatory surgical
treatment center pursuant to Section 7.7 of this Act.
(e) Nothing in this Section shall be construed to prohibit generic substitution.
(Source: P.A. 100-453, eff. 8-25-17.)
(225 ILCS 95/7.7)
(Section scheduled to be repealed on January 1, 2028)
Physician assistants in hospitals, hospital affiliates, or ambulatory surgical treatment centers.
(a) A physician assistant may provide services in a hospital as defined in the Hospital Licensing Act, a hospital affiliate as defined in the University of Illinois Hospital Act, or a licensed ambulatory surgical treatment center as defined in the Ambulatory Surgical Treatment Center Act without a written collaborative agreement pursuant to Section 7.5 of this Act. A physician assistant must possess clinical privileges recommended by the hospital medical staff and granted by the hospital or the consulting medical staff committee and ambulatory surgical treatment center in order to provide services. The medical staff or consulting medical staff committee shall periodically review the services of physician assistants granted clinical privileges, including any care provided in a hospital affiliate. Authority may also be granted when recommended by the hospital medical staff and granted by the hospital or recommended by the consulting medical staff committee and ambulatory surgical treatment center to individual physician assistants to select, order, and administer medications, including controlled substances, to provide delineated care. In a hospital, hospital affiliate, or ambulatory surgical treatment center, the attending physician shall determine a physician assistant's role in providing care for his or her patients, except as otherwise provided in the medical staff bylaws or consulting committee policies.
(a-5) Physician assistants practicing in a hospital affiliate may be, but are not required to be, granted authority to prescribe Schedule II through V controlled substances when such authority is recommended by the appropriate physician committee of the hospital affiliate and granted by the hospital affiliate. This authority may, but is not required to, include prescription of, selection of, orders for, administration of,
storage of, acceptance of samples of, and dispensing over-the-counter medications, legend drugs, medical gases, and controlled substances categorized as Schedule II through V controlled substances, as defined in Article II of the Illinois Controlled Substances Act, and other preparations, including, but not limited to, botanical and herbal remedies.
To prescribe controlled substances under this subsection (a-5), a physician assistant must obtain a mid-level practitioner controlled substance license. Medication orders shall be reviewed periodically by the appropriate hospital affiliate physicians committee or its physician designee.
The hospital affiliate shall file with the Department notice of a grant of prescriptive authority consistent with this subsection (a-5) and termination of such a grant of authority in accordance with rules of the Department. Upon receipt of this notice of grant of authority to prescribe any Schedule II through V controlled substances, the licensed physician assistant may register for a mid-level practitioner controlled substance license under Section 303.05 of the Illinois Controlled Substances Act.
In addition, a hospital affiliate may, but is not required to, grant authority to a physician assistant to prescribe any Schedule II controlled substances if all of the following conditions apply:
(1) specific Schedule II controlled substances by
oral dosage or topical or transdermal application may be designated, provided that the designated Schedule II controlled substances are routinely prescribed by physician assistants in their area of certification; this grant of authority must identify the specific Schedule II controlled substances by either brand name or generic name; authority to prescribe or dispense Schedule II controlled substances to be delivered by injection or other route of administration may not be granted;
(2) any grant of authority must be controlled
substances limited to the practice of the physician assistant;
(3) any prescription must be limited to no more than
(4) the physician assistant must discuss the
condition of any patients for whom a controlled substance is prescribed monthly with the appropriate physician committee of the hospital affiliate or its physician designee; and
(5) the physician assistant must meet the education
requirements of Section 303.05 of the Illinois Controlled Substances Act.
(b) A physician assistant granted authority to order medications including controlled substances may complete discharge prescriptions provided the prescription is in the name of the physician assistant and the attending or discharging physician.
(c) Physician assistants practicing in a hospital, hospital affiliate, or an ambulatory surgical treatment center are not required to obtain a mid-level controlled substance license to order controlled substances under Section 303.05 of the Illinois Controlled Substances Act.
(Source: P.A. 100-453, eff. 8-25-17.)
(225 ILCS 95/21)
(from Ch. 111, par. 4621)
(Section scheduled to be repealed on January 1, 2028)
Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action with regard to any license issued under this Act as the
Department may deem proper, including the issuance of fines not to exceed
for each violation, for any one or combination of the following causes:
(1) Material misstatement in furnishing information
(2) Violations of this Act, or the rules adopted
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or sentencing, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is: (i) a felony; or (ii) a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession.
(4) Making any misrepresentation for the purpose of
(5) Professional incompetence.
(6) Aiding or assisting another person in violating
any provision of this Act or its rules.
(7) Failing, within 60 days, to provide information
in response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct, as defined by rule, of a character likely to deceive, defraud, or harm the public.
(9) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical agent or drug that results in a physician assistant's inability to practice with reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for discipline is the same or substantially equivalent to those set forth in this Section.
(11) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or association any fee, commission, rebate or other form of compensation for any professional services not actually or personally rendered. Nothing in this paragraph (11) affects any bona fide independent contractor or employment arrangements, which may include provisions for compensation, health insurance, pension, or other employment benefits, with persons or entities authorized under this Act for the provision of services within the scope of the licensee's practice under this Act.
(12) A finding by the Disciplinary Board that the
licensee, after having his or her license placed on probationary status has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited to false records filed with state agencies or departments.
(15) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
(16) Physical illness, or mental illness or
impairment that results in the inability to practice the profession with reasonable judgment, skill, or safety, including, but not limited to, deterioration through the aging process or loss of motor skill.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
(19) Gross negligence resulting in permanent injury
(20) Employment of fraud, deception or any unlawful
means in applying for or securing a license as a physician assistant.
(21) Exceeding the authority delegated to him or her
by his or her collaborating physician in a written collaborative agreement.
(22) Immoral conduct in the commission of any act,
such as sexual abuse, sexual misconduct, or sexual exploitation related to the licensee's practice.
(23) Violation of the Health Care Worker
(24) Practicing under a false or assumed name, except
(25) Making a false or misleading statement regarding
his or her skill or the efficacy or value of the medicine, treatment, or remedy prescribed by him or her in the course of treatment.
(26) Allowing another person to use his or her
(27) Prescribing, selling, administering,
distributing, giving, or self-administering a drug classified as a controlled substance for other than medically-accepted therapeutic purposes.
(28) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to exploit the patient for financial gain.
(29) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under this Act.
(30) Violating State or federal laws or regulations
relating to controlled substances or other legend drugs or ephedra as defined in the Ephedra Prohibition Act.
(31) Exceeding the prescriptive authority delegated
by the collaborating physician or violating the written collaborative agreement delegating that authority.
(32) Practicing without providing to the Department a
notice of collaboration or delegation of prescriptive authority.
(33) Failure to establish and maintain records of
patient care and treatment as required by law.
(34) Attempting to subvert or cheat on the
examination of the National Commission on Certification of Physician Assistants or its successor agency.
(35) Willfully or negligently violating the
confidentiality between physician assistant and patient, except as required by law.
(36) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or self-neglect of an eligible adult as defined in and required by the Adult Protective Services Act.
(37) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective Services Act and upon proof by clear and convincing evidence that the licensee abused, neglected, or financially exploited an eligible adult as defined in the Adult Protective Services Act.
(38) Failure to report to the Department an adverse
final action taken against him or her by another licensing jurisdiction of the United States or a foreign state or country, a peer review body, a health care institution, a professional society or association, a governmental agency, a law enforcement agency, or a court acts or conduct similar to acts or conduct that would constitute grounds for action under this Section.
(39) Failure to provide copies of records of patient
care or treatment, except as required by law.
(40) Entering into an excessive number of written
collaborative agreements with licensed physicians resulting in an inability to adequately collaborate.
(41) Repeated failure to adequately collaborate
with a collaborating physician.
(b) The Department may, without a hearing, refuse to issue or renew or may suspend the license of any
person who fails to file a return, or to pay the tax, penalty or interest
shown in a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(c) The determination by a circuit court that a licensee is subject to
involuntary admission or judicial admission as provided in the Mental Health
and Developmental Disabilities Code operates as an automatic suspension.
suspension will end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission and issues an
order so finding and discharging the patient, and upon the
the Disciplinary Board to the Secretary
that the licensee be allowed to resume
his or her practice.
(d) In enforcing this Section, the Department upon a showing of a
violation may compel an individual licensed to practice under this Act, or
who has applied for licensure under this Act, to submit
to a mental or physical examination, or both, which may include a substance abuse or sexual offender evaluation, as required by and at the expense
of the Department.
The Department shall specifically designate the examining physician licensed to practice medicine in all of its branches or, if applicable, the multidisciplinary team involved in providing the mental or physical examination or both. The multidisciplinary team shall be led by a physician licensed to practice medicine in all of its branches and may consist of one or more or a combination of physicians licensed to practice medicine in all of its branches, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff. Any examining physician or member of the multidisciplinary team may require any person ordered to submit to an examination pursuant to this Section to submit to any additional supplemental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood testing, urinalysis, psychological testing, or neuropsychological testing.
The Department may order the examining physician or any member of the multidisciplinary team to provide to the Department any and all records, including business records, that relate to the examination and evaluation, including any supplemental testing performed.
The Department may order the examining physician or any member of the multidisciplinary team to
testimony concerning the mental or physical examination of the licensee or
applicant. No information, report, record, or other documents in any way related to the examination shall be excluded by reason of any common law or
statutory privilege relating to communications between the licensee or
applicant and the examining physician or any member of the multidisciplinary team. No authorization is necessary from the licensee or applicant ordered to undergo an examination for the examining physician or any member of the multidisciplinary team to provide information, reports, records, or other documents or to provide any testimony regarding the examination and evaluation.
The individual to be examined may have, at his or her own expense, another
physician of his or her choice present during all
aspects of this examination. However, that physician shall be present only to observe and may not interfere in any way with the examination.
Failure of an individual to submit to a mental
physical examination, when ordered, shall result in an automatic suspension of his or
license until the individual submits to the examination.
If the Department finds an individual unable to practice because of
set forth in this Section, the Department may require that individual
care, counseling, or treatment by physicians approved
or designated by the Department, as a condition, term, or restriction
renewed licensure to practice; or, in lieu of care, counseling, or treatment,
the Department may file
a complaint to immediately
suspend, revoke, or otherwise discipline the license of the individual.
An individual whose
license was granted, continued, reinstated, renewed, disciplined, or supervised
subject to such terms, conditions, or restrictions, and who fails to comply
such terms, conditions, or restrictions, shall be referred to the Secretary
determination as to whether the individual shall have his or her license
suspended immediately, pending a hearing by the Department.
In instances in which the Secretary
immediately suspends a person's license
under this Section, a hearing on that person's license must be convened by
the Department within 30
days after the suspension and completed without
The Department shall have the authority to review the subject
individual's record of
treatment and counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the confidentiality of
An individual licensed under this Act and affected under this Section shall
afforded an opportunity to demonstrate to the Department that he or
she can resume
practice in compliance with acceptable and prevailing standards under the
provisions of his or her license.
(e) An individual or organization acting in good faith, and not in a willful and wanton manner, in complying with this Section by providing a report or other information to the Board, by assisting in the investigation or preparation of a report or information, by participating in proceedings of the Board, or by serving as a member of the Board, shall not be subject to criminal prosecution or civil damages as a result of such actions.
(f) Members of the Board and the Disciplinary Board shall be indemnified by the State for any actions occurring within the scope of services on the Disciplinary Board or Board, done in good faith and not willful and wanton in nature. The Attorney General shall defend all such actions unless he or she determines either that there would be a conflict of interest in such representation or that the actions complained of were not in good faith or were willful and wanton.
If the Attorney General declines representation, the member has the right to employ counsel of his or her choice, whose fees shall be provided by the State, after approval by the Attorney General, unless there is a determination by a court that the member's actions were not in good faith or were willful and wanton.
The member must notify the Attorney General within 7 days after receipt of notice of the initiation of any action involving services of the Disciplinary Board. Failure to so notify the Attorney General constitutes an absolute waiver of the right to a defense and indemnification.
The Attorney General shall determine, within 7 days after receiving such notice, whether he or she will undertake to represent the member.
(Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19