HB4357 103RD GENERAL ASSEMBLY

LRB103 35918 SPS 66005 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4357

Introduced 1/16/2024, by Rep. Margaret Croke

SYNOPSIS AS INTRODUCED:

225 ILCS 60/54.2

Amends the Medical Practice Act of 1987. Provides that rules adopted by the Department of Financial and Professional Regulation concerning light emitting devices for patient care or treatment shall not require a delegating physician to be present in person to supervise a laser hair removal consultation, examination, or procedure if the laser hair removal consultation, examination, or procedure is performed in an office or practice setting by a physician assistant, advanced practice registered nurse, registered nurse, or licensed practical nurse and the delegating physician is available by two-way, real-time interactive communication.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Medical Practice Act of 1987 is amended by changing Section 54.2 as follows:

(225 ILCS 60/54.2)

(Section scheduled to be repealed on January 1, 2027)

Sec. 54.2. Physician delegation of authority.

(a) Nothing in this Act shall be construed to limit the delegation of patient care tasks or duties by a physician, to a licensed practical nurse, a registered professional nurse, or other licensed person practicing within the scope of his or her individual licensing Act. Delegation by a physician licensed to practice medicine in all its branches to physician assistants or advanced practice registered nurses is also addressed in Section 54.5 of this Act. No physician may delegate any patient care task or duty that is statutorily or by rule mandated to be performed by a physician.

(b) In an office or practice setting and within a physician-patient relationship, a physician may delegate patient care tasks or duties to an unlicensed person who possesses appropriate training and experience provided a health care professional, who is practicing within the scope of such licensed professional's individual licensing Act, is on site to provide assistance.

(c) Any such patient care task or duty delegated to a licensed or unlicensed person must be within the scope of practice, education, training, or experience of the delegating physician and within the context of a physician-patient relationship.

(d) Nothing in this Section shall be construed to affect referrals for professional services required by law.

(e) The Department shall have the authority to promulgate rules concerning a physician's delegation, including but not limited to, the use of light emitting devices for patient care or treatment; however a delegating physician shall not be required to be present in person to supervise a laser hair removal consultation, examination, or procedure if the laser hair removal consultation, examination, or procedure is performed in an office or practice setting by a physician assistant, advanced practice registered nurse, registered nurse, or licensed practical nurse and the delegating physician is available by two-way, real-time interactive communication.

(f) 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.

(g) A physician licensed to practice medicine in all of its branches under this Act may delegate any and all authority prescribed to him or her by law to international medical graduate physicians, so long as the tasks or duties are within the scope of practice, education, training, or experience of the delegating physician who is on site to provide assistance. An international medical graduate working in Illinois pursuant to this subsection is subject to all statutory and regulatory requirements of this Act, as applicable, relating to the standards of care. An international medical graduate physician is limited to providing treatment under the supervision of a physician licensed to practice medicine in all of its branches. The supervising physician or employer must keep record of and make available upon request by the Department the following: (1) evidence of education certified by the Educational Commission for Foreign Medical Graduates; (2) evidence of passage of Step 1, Step 2 Clinical Knowledge, and Step 3 of the United States Medical Licensing Examination as required by this Act; and (3) evidence of an unencumbered license from another country. This subsection does not apply to any international medical graduate whose license as a physician is revoked, suspended, or otherwise encumbered. This subsection is inoperative upon the adoption of rules implementing Section 15.5.

(Source: P.A. 103-1, eff. 4-27-23; 103-102, eff. 6-16-23.)