Sen. Laura M. Murphy

Filed: 10/18/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 145

2    AMENDMENT NO. ______. Amend Senate Bill 145 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Physician Assistant Practice Act of 1987
5is amended by changing Sections 6, 7, and 21 as follows:
 
6    (225 ILCS 95/6)  (from Ch. 111, par. 4606)
7    (Section scheduled to be repealed on January 1, 2028)
8    Sec. 6. Physician assistant title.
9    (a) No physician assistant shall use the title of doctor,
10physician, or associate with his or her name or any other term
11that would indicate to other persons that he or she is
12qualified to engage in the general practice of medicine.
13    (b) A physician assistant shall verbally identify himself
14or herself as a physician assistant, including specialty
15certification, to each patient.
16    (c) Nothing in this Act shall be construed to relieve a

 

 

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1physician assistant of the professional or legal
2responsibility for the care and treatment of persons attended
3by him or her.
4    (d) The collaborating physician shall file with the
5Department notice of employment, discharge, or collaboration
6with a physician assistant within 60 days at the time of
7employment, discharge, or assumption of collaboration with a
8physician assistant. Nothing in this Section shall prevent a
9physician assistant from beginning his or her employment
10before the notice of employment or collaboration has been
11filed.
12(Source: P.A. 100-453, eff. 8-25-17.)
 
13    (225 ILCS 95/7)  (from Ch. 111, par. 4607)
14    (Section scheduled to be repealed on January 1, 2028)
15    Sec. 7. Collaboration requirements.
16    (a) A collaborating physician shall determine the number
17of physician assistants to collaborate with, provided the
18physician is able to provide adequate collaboration as
19outlined in the written collaborative agreement required under
20Section 7.5 of this Act and consideration is given to the
21nature of the physician's practice, complexity of the patient
22population, and the experience of each physician assistant. A
23collaborating physician may collaborate with a maximum of 7
24full-time equivalent physician assistants as described in
25Section 54.5 of the Medical Practice Act of 1987. As used in

 

 

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1this Section, "full-time equivalent" means the equivalent of
240 hours per week per individual. Physicians and physician
3assistants who work in a hospital, hospital affiliate, or
4ambulatory surgical treatment center as defined by Section 7.7
5of this Act are exempt from the collaborative ratio
6restriction requirements of this Section. A physician
7assistant shall be able to hold more than one professional
8position. A physician assistant collaborating physician shall
9maintain at the physician assistant's practice location file a
10notice of collaboration for each physician with whom the
11physician assistant collaborates of each physician assistant
12according to the rules of the Department.
13    Physician assistants shall collaborate only with
14physicians as defined in this Act who are engaged in clinical
15practice, or in clinical practice in public health or other
16community health facilities.
17    Nothing in this Act shall be construed to limit the
18delegation of tasks or duties by a physician to a nurse or
19other appropriately trained personnel.
20    Nothing in this Act shall be construed to prohibit the
21employment of physician assistants by a hospital, nursing
22home, or other health care facility where such physician
23assistants function under a collaborating physician.
24    A physician assistant may be employed by a practice group
25or other entity employing multiple physicians at one or more
26locations. In that case, one of the physicians practicing at a

 

 

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1location shall be designated the collaborating physician. The
2other physicians with that practice group or other entity who
3practice in the same general type of practice or specialty as
4the collaborating physician may collaborate with the physician
5assistant with respect to their patients.
6    (b) A physician assistant licensed in this State, or
7licensed or authorized to practice in any other U.S.
8jurisdiction or credentialed by his or her federal employer as
9a physician assistant, who is responding to a need for medical
10care created by an emergency or by a state or local disaster
11may render such care that the physician assistant is able to
12provide without collaboration as it is defined in this Section
13or with such collaboration as is available.
14    Any physician who collaborates with a physician assistant
15providing medical care in response to such an emergency or
16state or local disaster shall not be required to meet the
17requirements set forth in this Section for a collaborating
18physician.
19(Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19.)
 
20    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
21    (Section scheduled to be repealed on January 1, 2028)
22    Sec. 21. Grounds for disciplinary action.
23    (a) The Department may refuse to issue or to renew, or may
24revoke, suspend, place on probation, reprimand, or take other
25disciplinary or non-disciplinary action with regard to any

 

 

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1license issued under this Act as the Department may deem
2proper, including the issuance of fines not to exceed $10,000
3for each violation, for any one or combination of the
4following causes:
5        (1) Material misstatement in furnishing information to
6    the Department.
7        (2) Violations of this Act, or the rules adopted under
8    this Act.
9        (3) Conviction by plea of guilty or nolo contendere,
10    finding of guilt, jury verdict, or entry of judgment or
11    sentencing, including, but not limited to, convictions,
12    preceding sentences of supervision, conditional discharge,
13    or first offender probation, under the laws of any
14    jurisdiction of the United States that is: (i) a felony;
15    or (ii) a misdemeanor, an essential element of which is
16    dishonesty, or that is directly related to the practice of
17    the profession.
18        (4) Making any misrepresentation for the purpose of
19    obtaining licenses.
20        (5) Professional incompetence.
21        (6) Aiding or assisting another person in violating
22    any provision of this Act or its rules.
23        (7) Failing, within 60 days, to provide information in
24    response to a written request made by the Department.
25        (8) Engaging in dishonorable, unethical, or
26    unprofessional conduct, as defined by rule, of a character

 

 

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1    likely to deceive, defraud, or harm the public.
2        (9) Habitual or excessive use or addiction to alcohol,
3    narcotics, stimulants, or any other chemical agent or drug
4    that results in a physician assistant's inability to
5    practice with reasonable judgment, skill, or safety.
6        (10) Discipline by another U.S. jurisdiction or
7    foreign nation, if at least one of the grounds for
8    discipline is the same or substantially equivalent to
9    those set forth in this Section.
10        (11) Directly or indirectly giving to or receiving
11    from any person, firm, corporation, partnership, or
12    association any fee, commission, rebate or other form of
13    compensation for any professional services not actually or
14    personally rendered. Nothing in this paragraph (11)
15    affects any bona fide independent contractor or employment
16    arrangements, which may include provisions for
17    compensation, health insurance, pension, or other
18    employment benefits, with persons or entities authorized
19    under this Act for the provision of services within the
20    scope of the licensee's practice under this Act.
21        (12) A finding by the Disciplinary Board that the
22    licensee, after having his or her license placed on
23    probationary status has violated the terms of probation.
24        (13) Abandonment of a patient.
25        (14) Willfully making or filing false records or
26    reports in his or her practice, including, but not limited

 

 

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1    to, false records filed with state agencies or
2    departments.
3        (15) Willfully failing to report an instance of
4    suspected child abuse or neglect as required by the Abused
5    and Neglected Child Reporting Act.
6        (16) Physical illness, or mental illness or impairment
7    that results in the inability to practice the profession
8    with reasonable judgment, skill, or safety, including, but
9    not limited to, deterioration through the aging process or
10    loss of motor skill.
11        (17) Being named as a perpetrator in an indicated
12    report by the Department of Children and Family Services
13    under the Abused and Neglected Child Reporting Act, and
14    upon proof by clear and convincing evidence that the
15    licensee has caused a child to be an abused child or
16    neglected child as defined in the Abused and Neglected
17    Child Reporting Act.
18        (18) (Blank).
19        (19) Gross negligence resulting in permanent injury or
20    death of a patient.
21        (20) Employment of fraud, deception, or any unlawful
22    means in applying for or securing a license as a physician
23    assistant.
24        (21) Exceeding the authority delegated to him or her
25    by his or her collaborating physician in a written
26    collaborative agreement.

 

 

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1        (22) Immoral conduct in the commission of any act,
2    such as sexual abuse, sexual misconduct, or sexual
3    exploitation related to the licensee's practice.
4        (23) Violation of the Health Care Worker Self-Referral
5    Act.
6        (24) Practicing under a false or assumed name, except
7    as provided by law.
8        (25) Making a false or misleading statement regarding
9    his or her skill or the efficacy or value of the medicine,
10    treatment, or remedy prescribed by him or her in the
11    course of treatment.
12        (26) Allowing another person to use his or her license
13    to practice.
14        (27) Prescribing, selling, administering,
15    distributing, giving, or self-administering a drug
16    classified as a controlled substance for other than
17    medically accepted therapeutic purposes.
18        (28) Promotion of the sale of drugs, devices,
19    appliances, or goods provided for a patient in a manner to
20    exploit the patient for financial gain.
21        (29) A pattern of practice or other behavior that
22    demonstrates incapacity or incompetence to practice under
23    this Act.
24        (30) Violating State or federal laws or regulations
25    relating to controlled substances or other legend drugs or
26    ephedra as defined in the Ephedra Prohibition Act.

 

 

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1        (31) Exceeding the prescriptive authority delegated by
2    the collaborating physician or violating the written
3    collaborative agreement delegating that authority.
4        (32) Practicing without providing to the Department a
5    notice of collaboration or delegation of prescriptive
6    authority.
7        (33) Failure to establish and maintain records of
8    patient care and treatment as required by law.
9        (34) Attempting to subvert or cheat on the examination
10    of the National Commission on Certification of Physician
11    Assistants or its successor agency.
12        (35) Willfully or negligently violating the
13    confidentiality between physician assistant and patient,
14    except as required by law.
15        (36) Willfully failing to report an instance of
16    suspected abuse, neglect, financial exploitation, or
17    self-neglect of an eligible adult as defined in and
18    required by the Adult Protective Services Act.
19        (37) Being named as an abuser in a verified report by
20    the Department on Aging under the Adult Protective
21    Services Act and upon proof by clear and convincing
22    evidence that the licensee abused, neglected, or
23    financially exploited an eligible adult as defined in the
24    Adult Protective Services Act.
25        (38) Failure to report to the Department an adverse
26    final action taken against him or her by another licensing

 

 

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1    jurisdiction of the United States or a foreign state or
2    country, a peer review body, a health care institution, a
3    professional society or association, a governmental
4    agency, a law enforcement agency, or a court acts or
5    conduct similar to acts or conduct that would constitute
6    grounds for action under this Section.
7        (39) Failure to provide copies of records of patient
8    care or treatment, except as required by law.
9        (40) Entering into an excessive number of written
10    collaborative agreements with licensed physicians
11    resulting in an inability to adequately collaborate.
12        (41) Repeated failure to adequately collaborate with a
13    collaborating physician.
14        (42) Violating the Compassionate Use of Medical
15    Cannabis Program Act.
16        (43) Failure to maintain at the physician assistant's
17    practice location a notice of collaboration for each
18    physician with whom the physician assistant collaborates,
19    or failure to provide the notice to the Department upon
20    request.
21    (b) The Department may, without a hearing, refuse to issue
22or renew or may suspend the license of any person who fails to
23file a return, or to pay the tax, penalty or interest shown in
24a filed return, or to pay any final assessment of the tax,
25penalty, or interest as required by any tax Act administered
26by the Illinois Department of Revenue, until such time as the

 

 

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1requirements of any such tax Act are satisfied.
2    (c) The determination by a circuit court that a licensee
3is subject to involuntary admission or judicial admission as
4provided in the Mental Health and Developmental Disabilities
5Code operates as an automatic suspension. The suspension will
6end only upon a finding by a court that the patient is no
7longer subject to involuntary admission or judicial admission
8and issues an order so finding and discharging the patient,
9and upon the recommendation of the Disciplinary Board to the
10Secretary that the licensee be allowed to resume his or her
11practice.
12    (d) In enforcing this Section, the Department upon a
13showing of a possible violation may compel an individual
14licensed to practice under this Act, or who has applied for
15licensure under this Act, to submit to a mental or physical
16examination, or both, which may include a substance abuse or
17sexual offender evaluation, as required by and at the expense
18of the Department.
19    The Department shall specifically designate the examining
20physician licensed to practice medicine in all of its branches
21or, if applicable, the multidisciplinary team involved in
22providing the mental or physical examination or both. The
23multidisciplinary team shall be led by a physician licensed to
24practice medicine in all of its branches and may consist of one
25or more or a combination of physicians licensed to practice
26medicine in all of its branches, licensed clinical

 

 

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1psychologists, licensed clinical social workers, licensed
2clinical professional counselors, and other professional and
3administrative staff. Any examining physician or member of the
4multidisciplinary team may require any person ordered to
5submit to an examination pursuant to this Section to submit to
6any additional supplemental testing deemed necessary to
7complete any examination or evaluation process, including, but
8not limited to, blood testing, urinalysis, psychological
9testing, or neuropsychological testing.
10    The Department may order the examining physician or any
11member of the multidisciplinary team to provide to the
12Department any and all records, including business records,
13that relate to the examination and evaluation, including any
14supplemental testing performed.
15    The Department may order the examining physician or any
16member of the multidisciplinary team to present testimony
17concerning the mental or physical examination of the licensee
18or applicant. No information, report, record, or other
19documents in any way related to the examination shall be
20excluded by reason of any common law or statutory privilege
21relating to communications between the licensee or applicant
22and the examining physician or any member of the
23multidisciplinary team. No authorization is necessary from the
24licensee or applicant ordered to undergo an examination for
25the examining physician or any member of the multidisciplinary
26team to provide information, reports, records, or other

 

 

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1documents or to provide any testimony regarding the
2examination and evaluation.
3    The individual to be examined may have, at his or her own
4expense, another physician of his or her choice present during
5all aspects of this examination. However, that physician shall
6be present only to observe and may not interfere in any way
7with the examination.
8     Failure of an individual to submit to a mental or physical
9examination, when ordered, shall result in an automatic
10suspension of his or her license until the individual submits
11to the examination.
12    If the Department finds an individual unable to practice
13because of the reasons set forth in this Section, the
14Department may require that individual to submit to care,
15counseling, or treatment by physicians approved or designated
16by the Department, as a condition, term, or restriction for
17continued, reinstated, or renewed licensure to practice; or,
18in lieu of care, counseling, or treatment, the Department may
19file a complaint to immediately suspend, revoke, or otherwise
20discipline the license of the individual. An individual whose
21license was granted, continued, reinstated, renewed,
22disciplined, or supervised subject to such terms, conditions,
23or restrictions, and who fails to comply with such terms,
24conditions, or restrictions, shall be referred to the
25Secretary for a determination as to whether the individual
26shall have his or her license suspended immediately, pending a

 

 

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1hearing by the Department.
2    In instances in which the Secretary immediately suspends a
3person's license under this Section, a hearing on that
4person's license must be convened by the Department within 30
5days after the suspension and completed without appreciable
6delay. The Department shall have the authority to review the
7subject individual's record of treatment and counseling
8regarding the impairment to the extent permitted by applicable
9federal statutes and regulations safeguarding the
10confidentiality of medical records.
11    An individual licensed under this Act and affected under
12this Section shall be afforded an opportunity to demonstrate
13to the Department that he or she can resume practice in
14compliance with acceptable and prevailing standards under the
15provisions of his or her license.
16    (e) An individual or organization acting in good faith,
17and not in a willful and wanton manner, in complying with this
18Section by providing a report or other information to the
19Board, by assisting in the investigation or preparation of a
20report or information, by participating in proceedings of the
21Board, or by serving as a member of the Board, shall not be
22subject to criminal prosecution or civil damages as a result
23of such actions.
24    (f) Members of the Board and the Disciplinary Board shall
25be indemnified by the State for any actions occurring within
26the scope of services on the Disciplinary Board or Board, done

 

 

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1in good faith and not willful and wanton in nature. The
2Attorney General shall defend all such actions unless he or
3she determines either that there would be a conflict of
4interest in such representation or that the actions complained
5of were not in good faith or were willful and wanton.
6    If the Attorney General declines representation, the
7member has the right to employ counsel of his or her choice,
8whose fees shall be provided by the State, after approval by
9the Attorney General, unless there is a determination by a
10court that the member's actions were not in good faith or were
11willful and wanton.
12    The member must notify the Attorney General within 7 days
13after receipt of notice of the initiation of any action
14involving services of the Disciplinary Board. Failure to so
15notify the Attorney General constitutes an absolute waiver of
16the right to a defense and indemnification.
17    The Attorney General shall determine, within 7 days after
18receiving such notice, whether he or she will undertake to
19represent the member.
20(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)".