|
Sen. Laura M. Murphy
Filed: 10/18/2021
| | 10200SB0145sam001 | | LRB102 04072 SPS 29947 a |
|
|
1 | | AMENDMENT TO SENATE BILL 145
|
2 | | AMENDMENT NO. ______. Amend Senate Bill 145 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. The Physician Assistant Practice Act of 1987 |
5 | | is 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7 | | (Section scheduled to be repealed on January 1, 2028)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, |
10 | | physician, or associate with his or her name or any other term |
11 | | that
would indicate to other persons that he or she is |
12 | | qualified to engage in the
general practice of medicine.
|
13 | | (b) A physician assistant shall verbally identify himself |
14 | | or herself as a physician assistant, including specialty |
15 | | certification, to each patient. |
16 | | (c) Nothing in this Act shall be construed to relieve a |
|
| | 10200SB0145sam001 | - 2 - | LRB102 04072 SPS 29947 a |
|
|
1 | | physician assistant of the professional or legal |
2 | | responsibility for the care and treatment of persons attended |
3 | | by him or her.
|
4 | | (d) The collaborating physician shall file with the |
5 | | Department notice of
employment, discharge, or collaboration |
6 | | with a physician assistant within 60 days at the
time of |
7 | | employment, discharge, or assumption of collaboration with a
|
8 | | physician assistant. Nothing in this Section shall prevent a |
9 | | physician assistant from beginning his or her employment |
10 | | before the notice of employment or collaboration has been |
11 | | filed.
|
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14 | | (Section scheduled to be repealed on January 1, 2028)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 |
17 | | of physician assistants to collaborate with, provided the |
18 | | physician is able to provide adequate collaboration as |
19 | | outlined in the written collaborative agreement required under |
20 | | Section 7.5 of this Act and consideration is given to the |
21 | | nature of the physician's practice, complexity of the patient |
22 | | population, and the experience of each physician assistant. A |
23 | | collaborating physician may collaborate with a maximum of 7 |
24 | | full-time equivalent physician assistants as described in |
25 | | Section 54.5 of the Medical Practice Act of 1987. As used in |
|
| | 10200SB0145sam001 | - 3 - | LRB102 04072 SPS 29947 a |
|
|
1 | | this Section, "full-time equivalent" means the equivalent of |
2 | | 40 hours per week per individual. Physicians and physician |
3 | | assistants who work in a hospital, hospital affiliate, or |
4 | | ambulatory surgical treatment center as defined by Section 7.7 |
5 | | of this Act are exempt from the collaborative ratio |
6 | | restriction requirements of this Section. A physician |
7 | | assistant shall be able to
hold more than one professional |
8 | | position. A physician assistant collaborating physician shall
|
9 | | maintain at the physician assistant's practice location file a |
10 | | notice of collaboration for each physician with whom the |
11 | | physician assistant collaborates of each physician assistant |
12 | | according to the
rules of the Department.
|
13 | | Physician assistants shall collaborate only with |
14 | | physicians as defined in
this Act
who are engaged in clinical |
15 | | practice, or in clinical practice in
public health or other |
16 | | community health facilities.
|
17 | | Nothing in this Act shall be construed to limit the |
18 | | delegation of tasks or
duties by a physician to a nurse or |
19 | | other appropriately trained personnel.
|
20 | | Nothing in this Act
shall be construed to prohibit the |
21 | | employment of physician assistants by
a hospital, nursing |
22 | | home , or other health care facility where such physician
|
23 | | assistants function under a collaborating physician.
|
24 | | A physician assistant may be employed by a practice group |
25 | | or other entity
employing multiple physicians at one or more |
26 | | locations. In that case, one of
the
physicians practicing at a |
|
| | 10200SB0145sam001 | - 4 - | LRB102 04072 SPS 29947 a |
|
|
1 | | location shall be designated the collaborating
physician. The |
2 | | other physicians with that practice group or other entity who
|
3 | | practice in the same general type of practice or specialty
as |
4 | | the collaborating physician may collaborate with the physician |
5 | | assistant with respect
to their patients.
|
6 | | (b) A physician assistant licensed in this State, or |
7 | | licensed or authorized to practice in any other U.S. |
8 | | jurisdiction or credentialed by his or her federal employer as |
9 | | a physician assistant, who is responding to a need for medical |
10 | | care created by an emergency or by a state or local disaster |
11 | | may render such care that the physician assistant is able to |
12 | | provide without collaboration as it is defined in this Section |
13 | | or with such collaboration as is available.
|
14 | | Any physician who collaborates with a physician assistant |
15 | | providing medical care in response to such an emergency or |
16 | | state or local disaster shall not be required to meet the |
17 | | requirements set forth in this Section for a collaborating |
18 | | physician. |
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
|
24 | | revoke, suspend, place on probation, reprimand, or take other
|
25 | | disciplinary or non-disciplinary action with regard to any |
|
| | 10200SB0145sam001 | - 5 - | LRB102 04072 SPS 29947 a |
|
|
1 | | license issued under this Act as the
Department may deem |
2 | | proper, including the issuance of fines not to exceed
$10,000
|
3 | | for each violation, for any one or combination of the |
4 | | following 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 |
|
| | 10200SB0145sam001 | - 6 - | LRB102 04072 SPS 29947 a |
|
|
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 |
|
| | 10200SB0145sam001 | - 7 - | LRB102 04072 SPS 29947 a |
|
|
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.
|
|
| | 10200SB0145sam001 | - 8 - | LRB102 04072 SPS 29947 a |
|
|
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.
|
|
| | 10200SB0145sam001 | - 9 - | LRB102 04072 SPS 29947 a |
|
|
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 |
|
| | 10200SB0145sam001 | - 10 - | LRB102 04072 SPS 29947 a |
|
|
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 |
22 | | or renew or may suspend the license of any
person who fails to |
23 | | file a return, or to pay the tax, penalty or interest
shown in |
24 | | a filed return, or to pay any final assessment of the tax,
|
25 | | penalty, or interest as required by any tax Act administered |
26 | | by the
Illinois Department of Revenue, until such time as the |
|
| | 10200SB0145sam001 | - 11 - | LRB102 04072 SPS 29947 a |
|
|
1 | | requirements of any
such tax Act are satisfied.
|
2 | | (c) The determination by a circuit court that a licensee |
3 | | is subject to
involuntary admission or judicial admission as |
4 | | provided in the Mental Health
and Developmental Disabilities |
5 | | Code operates as an automatic suspension.
The
suspension will |
6 | | end only upon a finding by a court that the patient is no
|
7 | | longer subject to involuntary admission or judicial admission |
8 | | and issues an
order so finding and discharging the patient, |
9 | | and upon the
recommendation of
the Disciplinary Board to the |
10 | | Secretary
that the licensee be allowed to resume
his or her |
11 | | practice.
|
12 | | (d) In enforcing this Section, the Department upon a |
13 | | showing of a
possible
violation may compel an individual |
14 | | licensed to practice under this Act, or
who has applied for |
15 | | licensure under this Act, to submit
to a mental or physical |
16 | | examination, or both, which may include a substance abuse or |
17 | | sexual offender evaluation, as required by and at the expense
|
18 | | of the Department. |
19 | | The Department shall specifically designate the examining |
20 | | physician licensed to practice medicine in all of its branches |
21 | | or, if applicable, the multidisciplinary team involved in |
22 | | providing the mental or physical examination or both. The |
23 | | multidisciplinary team shall be led by a physician licensed to |
24 | | practice medicine in all of its branches and may consist of one |
25 | | or more or a combination of physicians licensed to practice |
26 | | medicine in all of its branches, licensed clinical |
|
| | 10200SB0145sam001 | - 12 - | LRB102 04072 SPS 29947 a |
|
|
1 | | psychologists, licensed clinical social workers, licensed |
2 | | clinical professional counselors, and other professional and |
3 | | administrative staff. Any examining physician or member of the |
4 | | multidisciplinary team may require any person ordered to |
5 | | submit to an examination pursuant to this Section to submit to |
6 | | any additional supplemental testing deemed necessary to |
7 | | complete any examination or evaluation process, including, but |
8 | | not limited to, blood testing, urinalysis, psychological |
9 | | testing, or neuropsychological testing. |
10 | | The Department may order the examining physician or any |
11 | | member of the multidisciplinary team to provide to the |
12 | | Department any and all records, including business records, |
13 | | that relate to the examination and evaluation, including any |
14 | | supplemental testing performed. |
15 | | The Department may order the examining physician or any |
16 | | member of the multidisciplinary team to
present
testimony |
17 | | concerning the mental or physical examination of the licensee |
18 | | or
applicant. No information, report, record, or other |
19 | | documents in any way related to the examination shall be |
20 | | excluded by reason of any common law or
statutory privilege |
21 | | relating to communications between the licensee or
applicant |
22 | | and the examining physician or any member of the |
23 | | multidisciplinary team. No authorization is necessary from the |
24 | | licensee or applicant ordered to undergo an examination for |
25 | | the examining physician or any member of the multidisciplinary |
26 | | team to provide information, reports, records, or other |
|
| | 10200SB0145sam001 | - 13 - | LRB102 04072 SPS 29947 a |
|
|
1 | | documents or to provide any testimony regarding the |
2 | | examination and evaluation. |
3 | | The individual to be examined may have, at his or her own |
4 | | expense, another
physician of his or her choice present during |
5 | | all
aspects of this examination. However, that physician shall |
6 | | be present only to observe and may not interfere in any way |
7 | | with the examination. |
8 | | Failure of an individual to submit to a mental
or
physical |
9 | | examination, when ordered, shall result in an automatic |
10 | | suspension of his or
her
license until the individual submits |
11 | | to the examination.
|
12 | | If the Department finds an individual unable to practice |
13 | | because of
the
reasons
set forth in this Section, the |
14 | | Department may require that individual
to submit
to
care, |
15 | | counseling, or treatment by physicians approved
or designated |
16 | | by the Department, as a condition, term, or restriction
for |
17 | | continued,
reinstated, or
renewed licensure to practice; or, |
18 | | in lieu of care, counseling, or treatment,
the Department may |
19 | | file
a complaint to immediately
suspend, revoke, or otherwise |
20 | | discipline the license of the individual.
An individual whose
|
21 | | license was granted, continued, reinstated, renewed, |
22 | | disciplined, or supervised
subject to such terms, conditions, |
23 | | or restrictions, and who fails to comply
with
such terms, |
24 | | conditions, or restrictions, shall be referred to the |
25 | | Secretary
for
a
determination as to whether the individual |
26 | | shall have his or her license
suspended immediately, pending a |
|
| | 10200SB0145sam001 | - 14 - | LRB102 04072 SPS 29947 a |
|
|
1 | | hearing by the Department.
|
2 | | In instances in which the Secretary
immediately suspends a |
3 | | person's license
under this Section, a hearing on that |
4 | | person's license must be convened by
the Department within 30
|
5 | | days after the suspension and completed without
appreciable
|
6 | | delay.
The Department shall have the authority to review the |
7 | | subject
individual's record of
treatment and counseling |
8 | | regarding the impairment to the extent permitted by
applicable |
9 | | federal statutes and regulations safeguarding the |
10 | | confidentiality of
medical records.
|
11 | | An individual licensed under this Act and affected under |
12 | | this Section shall
be
afforded an opportunity to demonstrate |
13 | | to the Department that he or
she can resume
practice in |
14 | | compliance with acceptable and prevailing standards under the
|
15 | | provisions of his or her license.
|
16 | | (e) An individual or organization acting in good faith, |
17 | | and not in a willful and wanton manner, in complying with this |
18 | | Section by providing a report or other information to the |
19 | | Board, by assisting in the investigation or preparation of a |
20 | | report or information, by participating in proceedings of the |
21 | | Board, or by serving as a member of the Board, shall not be |
22 | | subject to criminal prosecution or civil damages as a result |
23 | | of such actions. |
24 | | (f) Members of the Board and the Disciplinary Board shall |
25 | | be indemnified by the State for any actions occurring within |
26 | | the scope of services on the Disciplinary Board or Board, done |
|
| | 10200SB0145sam001 | - 15 - | LRB102 04072 SPS 29947 a |
|
|
1 | | in good faith and not willful and wanton in nature. The |
2 | | Attorney General shall defend all such actions unless he or |
3 | | she determines either that there would be a conflict of |
4 | | interest in such representation or that the actions complained |
5 | | of were not in good faith or were willful and wanton. |
6 | | If the Attorney General declines representation, the |
7 | | member has the right to employ counsel of his or her choice, |
8 | | whose fees shall be provided by the State, after approval by |
9 | | the Attorney General, unless there is a determination by a |
10 | | court that the member's actions were not in good faith or were |
11 | | willful and wanton. |
12 | | The member must notify the Attorney General within 7 days |
13 | | after receipt of notice of the initiation of any action |
14 | | involving services of the Disciplinary Board. Failure to so |
15 | | notify the Attorney General constitutes an absolute waiver of |
16 | | the right to a defense and indemnification. |
17 | | The Attorney General shall determine, within 7 days after |
18 | | receiving such notice, whether he or she will undertake to |
19 | | represent the member. |
20 | | (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)".
|