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Public Act 094-0915
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| SB2238 Enrolled |
LRB094 16983 DRJ 52263 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 Ambulatory Surgical Treatment Center Act is |
amended by changing Section 6.5 as follows:
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(210 ILCS 5/6.5)
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Sec. 6.5. Clinical privileges; advanced practice nurses. |
All ambulatory surgical treatment centers (ASTC) licensed |
under this Act
shall
comply with the following requirements:
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(1) No ASTC policy, rule, regulation, or practice shall be |
inconsistent
with the provision of adequate collaboration, |
including medical direction of
licensed
advanced practice |
nurses, in accordance with Section 54.5 of the Medical
Practice |
Act of 1987.
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(2) Operative surgical procedures shall be performed only |
by a physician
licensed to
practice medicine in
all its |
branches under the Medical Practice Act of 1987, a dentist
|
licensed under the
Illinois Dental Practice Act, or a |
podiatrist licensed under the Podiatric
Medical Practice Act of |
1987,
with medical staff membership and surgical clinical |
privileges granted by the
consulting
committee of the ASTC. A |
licensed physician, dentist, or podiatrist may
be assisted by
a |
physician licensed to practice medicine in all its branches, |
dentist, dental
assistant,
podiatrist, licensed
advanced |
practice nurse, licensed physician assistant, licensed
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registered nurse, licensed practical nurse,
surgical
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assistant, surgical technician, or other individuals granted |
clinical
privileges to assist in surgery
by the consulting |
committee of the ASTC.
Payment for services rendered by an |
assistant in surgery who is not an
ambulatory surgical |
treatment center employee shall be paid
at the appropriate |
non-physician modifier
rate if the payor would have made |
|
payment had the same services been provided
by a physician.
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(2.5) A registered nurse licensed under the Nursing and |
Advanced Practice Nursing Act and qualified by training and |
experience in operating room nursing shall be present in the |
operating room and function as the circulating nurse during all |
invasive or operative procedures. For purposes of this |
paragraph (2.5), "circulating nurse" means a registered nurse |
who is responsible for coordinating all nursing care, patient |
safety needs, and the needs of the surgical team in the |
operating room during an invasive or operative procedure.
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(3) The anesthesia service shall be under the direction of |
a physician
licensed to practice
medicine in all its branches |
who has had specialized preparation or experience
in the area
|
or who has completed a residency in anesthesiology. An |
anesthesiologist, Board
certified or
Board eligible, is |
recommended. Anesthesia services may
only be
administered |
pursuant to the order of a physician licensed to practice |
medicine
in all its
branches, licensed dentist, or licensed |
podiatrist.
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(A) The individuals who, with clinical privileges |
granted by the medical
staff and ASTC, may
administer |
anesthesia services are limited to the
following:
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(i) an anesthesiologist; or
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(ii) a physician licensed to practice medicine in |
all its branches; or
|
(iii) a dentist with authority to administer |
anesthesia under Section
8.1 of the
Illinois Dental |
Practice Act; or
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(iv) a licensed certified registered nurse |
anesthetist.
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(B) For anesthesia services, an anesthesiologist
shall
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participate through discussion of and agreement with the |
anesthesia plan and
shall remain physically present and be
|
available on
the premises during the delivery of anesthesia |
services for
diagnosis, consultation, and treatment of |
emergency medical
conditions.
In the absence of 24-hour |
|
availability of anesthesiologists with clinical
|
privileges, an alternate policy (requiring
participation, |
presence,
and availability of a
physician licensed to |
practice medicine in all its
branches) shall be
developed |
by the medical staff consulting committee in consultation |
with the
anesthesia service and included in the medical
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staff
consulting committee policies.
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(C) A certified registered nurse anesthetist is not |
required to possess
prescriptive authority or a written |
collaborative agreement meeting the
requirements of |
Section 15-15 of the Nursing and Advanced Practice Nursing |
Act
to provide anesthesia services
ordered by a licensed |
physician, dentist, or podiatrist. Licensed certified
|
registered nurse anesthetists are authorized to
select, |
order, and
administer drugs and apply the appropriate |
medical devices in the provision of
anesthesia
services |
under the anesthesia plan agreed with by the
|
anesthesiologist or, in the absence of an available |
anesthesiologist with
clinical privileges,
agreed with by |
the
operating physician, operating dentist, or operating |
podiatrist in accordance
with the medical
staff consulting |
committee policies of a licensed ambulatory surgical |
treatment
center.
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(Source: P.A. 93-352, eff. 1-1-04.)
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Section 10. The Hospital Licensing Act is amended by |
changing Section 10.7 as follows:
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(210 ILCS 85/10.7)
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Sec. 10.7. Clinical privileges; advanced practice nurses. |
All hospitals licensed under this Act shall comply with the |
following
requirements:
|
(1) No hospital policy, rule, regulation, or practice
shall |
be inconsistent
with the provision of adequate collaboration, |
including medical direction of
licensed advanced practice |
nurses, in accordance with Section 54.5 of the
Medical Practice |
|
Act of 1987.
|
(2) Operative surgical procedures shall be performed only |
by a physician
licensed to practice medicine in all its |
branches under the Medical Practice
Act of 1987, a dentist |
licensed under the Illinois Dental Practice Act, or a
|
podiatrist licensed under the Podiatric Medical Practice Act of |
1987,
with medical staff membership and surgical clinical |
privileges granted at the
hospital. A licensed physician, |
dentist, or podiatrist may be assisted by a
physician licensed |
to practice medicine in all its branches, dentist, dental
|
assistant, podiatrist, licensed advanced practice nurse, |
licensed physician
assistant, licensed registered
nurse, |
licensed practical nurse, surgical
assistant, surgical |
technician, or other individuals granted clinical
privileges |
to assist in surgery
at the hospital.
Payment for services |
rendered by an assistant in surgery who is not a
hospital |
employee shall be paid
at the appropriate non-physician |
modifier rate if the payor would have
made payment had the same |
services been provided by a physician.
|
(2.5) A registered nurse licensed under the Nursing and |
Advanced Practice Nursing Act and qualified by training and |
experience in operating room nursing shall be present in the |
operating room and function as the circulating nurse during all |
invasive or operative procedures. For purposes of this |
paragraph (2.5), "circulating nurse" means a registered nurse |
who is responsible for coordinating all nursing care, patient |
safety needs, and the needs of the surgical team in the |
operating room during an invasive or operative procedure.
|
(3) The anesthesia service shall be under the direction of |
a physician
licensed to practice
medicine in all its branches |
who has had specialized preparation or
experience in the area
|
or who has completed a residency in anesthesiology. An |
anesthesiologist, Board
certified or Board eligible, is |
recommended. Anesthesia services may
only be administered |
pursuant to the order of a physician licensed to practice
|
medicine in all its branches, licensed dentist, or licensed |
|
podiatrist.
|
(A) The individuals who, with clinical privileges |
granted at the hospital,
may administer anesthesia |
services are limited
to the following:
|
(i) an anesthesiologist; or
|
(ii) a physician licensed to practice medicine in |
all its branches; or
|
(iii) a dentist with authority to administer |
anesthesia under Section
8.1 of
the Illinois Dental |
Practice Act; or
|
(iv) a licensed certified registered nurse |
anesthetist.
|
(B) For anesthesia services, an anesthesiologist
shall
|
participate through discussion of and agreement with the |
anesthesia plan and
shall remain physically present and be
|
available on
the premises during the delivery of anesthesia |
services for
diagnosis, consultation, and treatment of |
emergency medical conditions.
In the absence
of 24-hour |
availability of
anesthesiologists with medical staff |
privileges,
an alternate
policy (requiring participation, |
presence, and availability of a physician
licensed to |
practice
medicine in all its branches) shall be developed |
by the medical staff and
licensed
hospital in consultation |
with the anesthesia service.
|
(C) A certified registered nurse anesthetist is not |
required to possess
prescriptive authority or a written |
collaborative agreement meeting
the requirements of |
Section 15-15 of the Nursing and Advanced Practice Nursing
|
Act
to provide anesthesia services
ordered by a licensed |
physician, dentist, or podiatrist. Licensed certified
|
registered nurse anesthetists are authorized to
select, |
order, and
administer drugs and apply the appropriate |
medical devices in the provision of
anesthesia
services |
under the anesthesia plan agreed with by the
|
anesthesiologist or, in the absence of an available |
anesthesiologist with
clinical privileges,
agreed with by |