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| | HB4357 Engrossed | | LRB103 35918 SPS 66005 b |
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1 | | AN ACT concerning regulation. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Medical Practice Act of 1987 is amended by |
5 | | changing Section 54.2 as follows: |
6 | | (225 ILCS 60/54.2) |
7 | | (Section scheduled to be repealed on January 1, 2027) |
8 | | Sec. 54.2. Physician delegation of authority. |
9 | | (a) Nothing in this Act shall be construed to limit the |
10 | | delegation of patient care tasks or duties by a physician, to a |
11 | | licensed practical nurse, a registered professional nurse, or |
12 | | other licensed person practicing within the scope of his or |
13 | | her individual licensing Act. Delegation by a physician |
14 | | licensed to practice medicine in all its branches to physician |
15 | | assistants or advanced practice registered nurses is also |
16 | | addressed in Section 54.5 of this Act. No physician may |
17 | | delegate any patient care task or duty that is statutorily or |
18 | | by rule mandated to be performed by a physician. |
19 | | (b) In an office or practice setting and within a |
20 | | physician-patient relationship, a physician may delegate |
21 | | patient care tasks or duties to an unlicensed person who |
22 | | possesses appropriate training and experience provided a |
23 | | health care professional, who is practicing within the scope |
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1 | | of such licensed professional's individual licensing Act, is |
2 | | on site to provide assistance. |
3 | | (c) Any such patient care task or duty delegated to a |
4 | | licensed or unlicensed person must be within the scope of |
5 | | practice, education, training, or experience of the delegating |
6 | | physician and within the context of a physician-patient |
7 | | relationship. |
8 | | (d) Nothing in this Section shall be construed to affect |
9 | | referrals for professional services required by law. |
10 | | (e) The Department shall have the authority to adopt |
11 | | promulgate rules concerning a physician's delegation, |
12 | | including but not limited to, the use of light emitting |
13 | | devices for patient care or treatment. An on-site physician |
14 | | examination prior to the performance of a non-ablative laser |
15 | | procedure shall not be required when: |
16 | | (1) the laser hair removal facility follows a |
17 | | physician supervision protocol, made available to the |
18 | | Department upon request; |
19 | | (2) the procedure is performed by a registered nurse |
20 | | or licensed practical nurse; |
21 | | (3) an advanced practice registered nurse or a |
22 | | physician assistant examines the patient and determines a |
23 | | course of treatment appropriate to the patient prior to a |
24 | | non-ablative laser procedure being performed; and |
25 | | (4) an advanced practice registered nurse, physician |
26 | | assistant, or physician is available for on-site |
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1 | | supervision or by telephone or other electronic means to |
2 | | respond promptly to any questions or complications that |
3 | | may occur. |
4 | | (f) Nothing in this Act shall be construed to limit the |
5 | | method of delegation that may be authorized by any means, |
6 | | including, but not limited to, oral, written, electronic, |
7 | | standing orders, protocols, guidelines, or verbal orders. |
8 | | (g) A physician licensed to practice medicine in all of |
9 | | its branches under this Act may delegate any and all authority |
10 | | prescribed to him or her by law to international medical |
11 | | graduate physicians, so long as the tasks or duties are within |
12 | | the scope of practice, education, training, or experience of |
13 | | the delegating physician who is on site to provide assistance. |
14 | | An international medical graduate working in Illinois pursuant |
15 | | to this subsection is subject to all statutory and regulatory |
16 | | requirements of this Act, as applicable, relating to the |
17 | | standards of care. An international medical graduate physician |
18 | | is limited to providing treatment under the supervision of a |
19 | | physician licensed to practice medicine in all of its |
20 | | branches. The supervising physician or employer must keep |
21 | | record of and make available upon request by the Department |
22 | | the following: (1) evidence of education certified by the |
23 | | Educational Commission for Foreign Medical Graduates; (2) |
24 | | evidence of passage of Step 1, Step 2 Clinical Knowledge, and |
25 | | Step 3 of the United States Medical Licensing Examination as |
26 | | required by this Act; and (3) evidence of an unencumbered |
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1 | | license from another country. This subsection does not apply |
2 | | to any international medical graduate whose license as a |
3 | | physician is revoked, suspended, or otherwise encumbered. This |
4 | | subsection is inoperative upon the adoption of rules |
5 | | implementing Section 15.5. |
6 | | (Source: P.A. 103-1, eff. 4-27-23; 103-102, eff. 6-16-23.) |