Illinois General Assembly - Full Text of HB1826
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Full Text of HB1826  102nd General Assembly

HB1826 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1826

 

Introduced 2/17/2021, by Rep. Kathleen Willis

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 60/54.5
225 ILCS 95/1  from Ch. 111, par. 4601
225 ILCS 95/4  from Ch. 111, par. 4604
225 ILCS 95/6  from Ch. 111, par. 4606
225 ILCS 95/7  from Ch. 111, par. 4607
225 ILCS 95/7.5
225 ILCS 95/7.7
225 ILCS 95/11  from Ch. 111, par. 4611

    Amends the Medical Practice Act of 1987. Provides that a physician licensed to practice medicine in all its branches may collaborate with a physician assistant if specified requirements are met for a collaborative agreement. Provides that a collaborative agreement shall be for services in the same area of practice or specialty as the collaborating physician in his or her clinical medical practice. Amends the Physician Assistant Practice Act of 1987. Deletes language requiring a collaborative agreement to be written for a physician assistant and changes requirements for the collaborative agreement. Provides that medical care provided by a physician assistant shall be consistent with the physician assistant's education, training, and experience. Makes changes to provisions concerning prescriptive authority of a physician assistant. Provides that in a hospital, hospital affiliate, or ambulatory surgical treatment center, the medical staff (instead of the attending physician) shall determine a physician assistant's role in providing care for patients. Changes the physician assistant advisory committee to the Physician Assistant Medical Licensing Board. Changes the membership and duties of the Board. Removes provisions concerning initial terms of office for Board members. Makes conforming and other changes. Effective January 1, 2022.


LRB102 09945 SPS 15263 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1826LRB102 09945 SPS 15263 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Medical Practice Act of 1987 is amended by
5changing Section 54.5 as follows:
 
6    (225 ILCS 60/54.5)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 54.5. Physician delegation of authority to physician
9assistants, advanced practice registered nurses without full
10practice authority, and prescribing psychologists.
11    (a) A physician licensed to practice medicine in all its
12branches may collaborate with a physician assistant under
13guidelines in accordance with the requirements of the
14Physician Assistant Practice Act of 1987. Collaboration is for
15the purpose of providing medical consultation, and no
16employment relationship is required. A collaborative agreement
17shall conform to the requirements of Section 7 of the
18Physician Assistant Practice Act of 1987. The collaborative
19agreement shall be for services in the same area of practice or
20specialty as the collaborating physician in his or her
21clinical medical practice. A collaborative agreement shall be
22adequate with respect to collaboration with a physician
23assistant if all of the following apply:

 

 

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1        (1) The agreement is to promote the exercise of
2    professional judgment by the physician assistant
3    commensurate with his or her education and experience.
4        (2) The physician assistant provides services based
5    upon a collaborative agreement with the collaborating
6    physician, except as set forth in Section 7.7 of the
7    Physician Assistant Practice Act of 1987. With respect to
8    labor and delivery, the collaborating physician must
9    provide delivery services in order to participate with the
10    physician assistant.
11        (3) Methods of communication are available with the
12    collaborating physician in person or through
13    telecommunications for consultation, collaboration, and
14    referral as needed to address patient care needs.
15        (4) Physicians licensed to practice medicine in all
16    its branches may delegate care and treatment
17    responsibilities to a physician assistant under guidelines
18    in accordance with the requirements of the Physician
19    Assistant Practice Act of 1987. A physician licensed to
20    practice medicine in all its branches may enter into
21    collaborative agreements with no more than 7 full-time
22    equivalent physician assistants, except in a hospital,
23    hospital affiliate, or ambulatory surgical treatment
24    center as set forth by Section 7.7 of the Physician
25    Assistant Practice Act of 1987 and as provided in
26    subsection (a-5).

 

 

HB1826- 3 -LRB102 09945 SPS 15263 b

1    (a-5) A physician licensed to practice medicine in all its
2branches may collaborate with more than 7 physician assistants
3when the services are provided in a federal primary care
4health professional shortage area with a Health Professional
5Shortage Area score greater than or equal to 12, as determined
6by the United States Department of Health and Human Services.
7    The collaborating physician must keep appropriate
8documentation of meeting this exemption and make it available
9to the Department upon request.
10    (b) A physician licensed to practice medicine in all its
11branches in active clinical practice may collaborate with an
12advanced practice registered nurse in accordance with the
13requirements of the Nurse Practice Act. Collaboration is for
14the purpose of providing medical consultation, and no
15employment relationship is required. A written collaborative
16agreement shall conform to the requirements of Section 65-35
17of the Nurse Practice Act. The written collaborative agreement
18shall be for services in the same area of practice or specialty
19as the collaborating physician in his or her clinical medical
20practice. A written collaborative agreement shall be adequate
21with respect to collaboration with advanced practice
22registered nurses if all of the following apply:
23        (1) The agreement is written to promote the exercise
24    of professional judgment by the advanced practice
25    registered nurse commensurate with his or her education
26    and experience.

 

 

HB1826- 4 -LRB102 09945 SPS 15263 b

1        (2) The advanced practice registered nurse provides
2    services based upon a written collaborative agreement with
3    the collaborating physician, except as set forth in
4    subsection (b-5) of this Section. With respect to labor
5    and delivery, the collaborating physician must provide
6    delivery services in order to participate with a certified
7    nurse midwife.
8        (3) Methods of communication are available with the
9    collaborating physician in person or through
10    telecommunications for consultation, collaboration, and
11    referral as needed to address patient care needs.
12    (b-5) An anesthesiologist or physician licensed to
13practice medicine in all its branches may collaborate with a
14certified registered nurse anesthetist in accordance with
15Section 65-35 of the Nurse Practice Act for the provision of
16anesthesia services. With respect to the provision of
17anesthesia services, the collaborating anesthesiologist or
18physician shall have training and experience in the delivery
19of anesthesia services consistent with Department rules.
20Collaboration shall be adequate if:
21        (1) an anesthesiologist or a physician participates in
22    the joint formulation and joint approval of orders or
23    guidelines and periodically reviews such orders and the
24    services provided patients under such orders; and
25        (2) for anesthesia services, the anesthesiologist or
26    physician participates through discussion of and agreement

 

 

HB1826- 5 -LRB102 09945 SPS 15263 b

1    with the anesthesia plan and is physically present and
2    available on the premises during the delivery of
3    anesthesia services for diagnosis, consultation, and
4    treatment of emergency medical conditions. Anesthesia
5    services in a hospital shall be conducted in accordance
6    with Section 10.7 of the Hospital Licensing Act and in an
7    ambulatory surgical treatment center in accordance with
8    Section 6.5 of the Ambulatory Surgical Treatment Center
9    Act.
10    (b-10) The anesthesiologist or operating physician must
11agree with the anesthesia plan prior to the delivery of
12services.
13    (c) The collaborating physician shall have access to the
14medical records of all patients attended by a physician
15assistant. The collaborating physician shall have access to
16the medical records of all patients attended to by an advanced
17practice registered nurse.
18    (d) (Blank).
19    (e) A physician shall not be liable for the acts or
20omissions of a prescribing psychologist, physician assistant,
21or advanced practice registered nurse solely on the basis of
22having signed a supervision agreement or guidelines or a
23collaborative agreement, an order, a standing medical order, a
24standing delegation order, or other order or guideline
25authorizing a prescribing psychologist, physician assistant,
26or advanced practice registered nurse to perform acts, unless

 

 

HB1826- 6 -LRB102 09945 SPS 15263 b

1the physician has reason to believe the prescribing
2psychologist, physician assistant, or advanced practice
3registered nurse lacked the competency to perform the act or
4acts or commits willful and wanton misconduct.
5    A physician shall not be liable for the acts or omissions
6of a physician assistant solely on the basis of having a
7collaborative agreement or guidelines, an order, a standing
8medical order, a standing delegation order, or other order or
9guideline authorizing a physician assistant to perform acts,
10unless the physician has reason to believe the physician
11assistant lacked the competency to perform the act or acts or
12commits willful and wanton misconduct.
13    (f) A collaborating physician may, but is not required to,
14delegate prescriptive authority to an advanced practice
15registered nurse as part of a written collaborative agreement,
16and the delegation of prescriptive authority shall conform to
17the requirements of Section 65-40 of the Nurse Practice Act.
18    (g) A collaborating physician may, but is not required to,
19delegate prescriptive authority to a physician assistant as
20part of a written collaborative agreement, and the delegation
21of prescriptive authority shall conform to the requirements of
22Section 7.5 of the Physician Assistant Practice Act of 1987.
23    (h) (Blank).
24    (i) A collaborating physician shall delegate prescriptive
25authority to a prescribing psychologist as part of a written
26collaborative agreement, and the delegation of prescriptive

 

 

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1authority shall conform to the requirements of Section 4.3 of
2the Clinical Psychologist Licensing Act.
3    (j) As set forth in Section 22.2 of this Act, a licensee
4under this Act may not directly or indirectly divide, share,
5or split any professional fee or other form of compensation
6for professional services with anyone in exchange for a
7referral or otherwise, other than as provided in Section 22.2.
8(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
9100-513, eff. 1-1-18; 100-605, eff. 1-1-19; 100-863, eff.
108-14-18.)
 
11    Section 10. The Physician Assistant Practice Act of 1987
12is amended by changing Sections 1, 4, 6, 7, 7.5, 7.7, and 11 as
13follows:
 
14    (225 ILCS 95/1)  (from Ch. 111, par. 4601)
15    (Section scheduled to be repealed on January 1, 2028)
16    Sec. 1. Legislative purpose. The practice as a physician
17assistant in the State of Illinois is hereby declared to
18affect the public health, safety and welfare and to be subject
19to regulation and control in the public interest. The purpose
20and legislative intent of this Act is to encourage and promote
21the more effective utilization of the skills of physicians by
22enabling them to collaborate effectively and efficiently with
23delegate certain health tasks to physician assistants to
24provide medical care where such delegation is consistent with

 

 

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1the health and welfare of the patient and is conducted at the
2direction of and under the responsible supervision of the
3physician.
4    It is further declared to be a matter of public health and
5concern that the practice as a physician assistant, as defined
6in this Act, merit and receive the confidence of the public,
7that only qualified persons be authorized to practice as a
8physician assistant in the State of Illinois. This Act shall
9be liberally construed to best carry out these subjects and
10purposes.
11(Source: P.A. 100-453, eff. 8-25-17.)
 
12    (225 ILCS 95/4)  (from Ch. 111, par. 4604)
13    (Section scheduled to be repealed on January 1, 2028)
14    Sec. 4. Definitions. In this Act:
15    1. "Department" means the Department of Financial and
16Professional Regulation.
17    2. "Secretary" means the Secretary of Financial and
18Professional Regulation.
19    3. "Physician assistant" means any person not holding an
20active license or permit issued by the Department pursuant to
21the Medical Practice Act of 1987 who has been certified as a
22physician assistant by the National Commission on the
23Certification of Physician Assistants or equivalent successor
24agency and practices medicine performs procedures in
25collaboration with a physician as defined in this Act. A

 

 

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1physician assistant may practice medicine perform such
2procedures within the specialty of the collaborating
3physician, except that such physician shall exercise such
4direction, collaboration, and control over such physician
5assistants as will assure that patients shall receive quality
6medical care. Physician assistants shall be capable of
7performing a variety of tasks within their education,
8training, and experience the specialty of medical care in
9collaboration with a physician. Collaboration with the
10physician assistant shall not be construed to necessarily
11require the personal presence of the collaborating physician
12at all times at the place where services are rendered, as long
13as there is communication available for consultation by radio,
14telephone or telecommunications within established guidelines
15as determined by the physician/physician assistant team.
16Medical care provided by the physician assistant shall be
17consistent with the physician assistant's education, training,
18and experience. The physician assistant's medical tasks or
19duties The collaborating physician may delegate tasks and
20duties to the physician assistant. Delegated tasks or duties
21shall be consistent with physician assistant education,
22training, and experience. The delegated tasks or duties shall
23be specific to the practice setting and shall be implemented
24and reviewed under a written collaborative agreement
25established by the physician or physician/physician assistant
26team. A physician assistant, acting as an agent of the

 

 

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1physician, shall be permitted to transmit the collaborating
2physician's orders as determined by the institution's by-laws,
3policies, procedures, or job description within which the
4physician/physician assistant team practices. Physician
5assistants shall practice only in accordance with a written
6collaborative agreement.
7    Any person who holds an active license or permit issued
8pursuant to the Medical Practice Act of 1987 shall have that
9license automatically placed into inactive status upon
10issuance of a physician assistant license. Any person who
11holds an active license as a physician assistant who is issued
12a license or permit pursuant to the Medical Practice Act of
131987 shall have his or her physician assistant license
14automatically placed into inactive status.
15    3.5. "Physician assistant practice" means the performance
16of procedures and the practice of medicine, including
17procedures in the behavioral and mental health services,
18within the specialty of the collaborating physician. Medical
19care provided by the physician assistant shall be consistent
20with the Physician assistants shall be capable of performing a
21variety of tasks within the specialty of medical care of the
22collaborating physician. Collaboration with the physician
23assistant shall not be construed to necessarily require the
24personal presence of the collaborating physician at all times
25at the place where services are rendered, as long as there is
26communication available for consultation by radio, telephone,

 

 

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1telecommunications, or electronic communications. The
2collaborating physician may delegate tasks and duties to the
3physician assistant. Delegated tasks or duties shall be
4consistent with physician assistant's assistant education,
5training, and experience. The delegated tasks or duties shall
6be specific to the practice setting and shall be implemented
7and reviewed under a written collaborative agreement
8established by the physician or physician/physician assistant
9team. A physician assistant shall be permitted to transmit the
10collaborating physician's orders as determined by the
11institution's bylaws, policies, or procedures or the job
12description within which the physician/physician assistant
13team practices. Physician assistants shall practice only in
14accordance with a written collaborative agreement, except as
15provided in Section 7.5 of this Act.
16    4. "Board" means the Medical Licensing Board constituted
17under the Medical Practice Act of 1987.
18    5. "Disciplinary Board" means the Medical Disciplinary
19Board constituted under the Medical Practice Act of 1987.
20    6. "Physician" means a person licensed to practice
21medicine in all of its branches under the Medical Practice Act
22of 1987.
23    7. "Collaborating physician" means the physician who,
24within his or her specialty and expertise, collaborates with a
25may delegate a variety of tasks and procedures to the
26physician assistant. Such collaboration tasks and procedures

 

 

HB1826- 12 -LRB102 09945 SPS 15263 b

1shall be delegated in accordance with a written collaborative
2agreement.
3    8. (Blank).
4    9. "Address of record" means the designated address
5recorded by the Department in the applicant's or licensee's
6application file or license file maintained by the
7Department's licensure maintenance unit.
8    10. "Hospital affiliate" means a corporation, partnership,
9joint venture, limited liability company, or similar
10organization, other than a hospital, that is devoted primarily
11to the provision, management, or support of health care
12services and that directly or indirectly controls, is
13controlled by, or is under common control of the hospital. For
14the purposes of this definition, "control" means having at
15least an equal or a majority ownership or membership interest.
16A hospital affiliate shall be 100% owned or controlled by any
17combination of hospitals, their parent corporations, or
18physicians licensed to practice medicine in all its branches
19in Illinois. "Hospital affiliate" does not include a health
20maintenance organization regulated under the Health
21Maintenance Organization Act.
22    11. "Email address of record" means the designated email
23address recorded by the Department in the applicant's
24application file or the licensee's license file, as maintained
25by the Department's licensure maintenance unit.
26(Source: P.A. 99-330, eff. 1-1-16; 100-453, eff. 8-25-17.)
 

 

 

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1    (225 ILCS 95/6)  (from Ch. 111, par. 4606)
2    (Section scheduled to be repealed on January 1, 2028)
3    Sec. 6. Physician assistant title.
4    (a) No physician assistant shall use the title of doctor
5or , physician, or associate with his or her name or any other
6term that would indicate to other persons that he or she is
7qualified to engage in the general practice of medicine.
8    (b) A physician assistant shall verbally identify himself
9or herself as a physician assistant, including specialty
10certification, to each patient.
11    (c) Nothing in this Act shall be construed to relieve a
12physician assistant of the professional or legal
13responsibility for the care and treatment of persons attended
14by him or her.
15    (d) The collaborating physician shall file with the
16Department notice of employment, discharge, or collaboration
17with a physician assistant at the time of employment,
18discharge, or assumption of collaboration with a physician
19assistant.
20(Source: P.A. 100-453, eff. 8-25-17.)
 
21    (225 ILCS 95/7)  (from Ch. 111, par. 4607)
22    (Section scheduled to be repealed on January 1, 2028)
23    Sec. 7. Collaboration requirements.
24    (a) A collaborating physician shall determine the number

 

 

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1of physician assistants to collaborate with, provided the
2physician is able to provide adequate collaboration as
3outlined in the written collaborative agreement required under
4Section 7.5 of this Act and consideration is given to the
5nature of the physician's practice, complexity of the patient
6population, and the experience of each physician assistant. A
7collaborating physician may collaborate with a maximum of 7
8full-time equivalent physician assistants as described in
9Section 54.5 of the Medical Practice Act of 1987. As used in
10this Section, "full-time equivalent" means the equivalent of
1140 hours per week per individual. Physicians and physician
12assistants who work in a hospital, hospital affiliate, or
13ambulatory surgical treatment center as defined by Section 7.7
14of this Act are exempt from the collaborative ratio
15restriction requirements of this Section. A physician
16assistant shall be able to hold more than one professional
17position. A collaborating physician shall file a notice of
18collaboration of each physician assistant according to the
19rules of the Department.
20    Physician assistants shall collaborate only with
21physicians as defined in this Act who are engaged in clinical
22practice, or in clinical practice in public health or other
23community health facilities.
24    Nothing in this Act shall be construed to limit the
25delegation of tasks or duties by a physician to a nurse or
26other appropriately trained personnel.

 

 

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1    Nothing in this Act shall be construed to prohibit the
2employment of physician assistants by a hospital, nursing home
3or other health care facility where such physician assistants
4function under a collaborating physician.
5    A physician assistant may be employed by a practice group
6or other entity employing multiple physicians at one or more
7locations. In that case, one of the physicians practicing at a
8location shall be designated the collaborating physician. The
9other physicians with that practice group or other entity who
10practice in the same general type of practice or specialty as
11the collaborating physician may collaborate with the physician
12assistant with respect to their patients.
13    (b) A physician assistant licensed in this State, or
14licensed or authorized to practice in any other U.S.
15jurisdiction or credentialed by his or her federal employer as
16a physician assistant, who is responding to a need for medical
17care created by an emergency or by a state or local disaster
18may render such care that the physician assistant is able to
19provide without collaboration as it is defined in this Section
20or with such collaboration as is available.
21    Any physician who collaborates with a physician assistant
22providing medical care in response to such an emergency or
23state or local disaster shall not be required to meet the
24requirements set forth in this Section for a collaborating
25physician.
26(Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19.)
 

 

 

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1    (225 ILCS 95/7.5)
2    (Section scheduled to be repealed on January 1, 2028)
3    Sec. 7.5. Collaborative Written collaborative agreements;
4prescriptive authority.
5    (a) A written collaborative agreement is required for all
6physician assistants to practice in the State, except as
7provided in Section 7.7 of this Act.
8        (1) A written collaborative agreement shall describe
9    the working relationship of the physician assistant with
10    the collaborating physician and shall describe the
11    categories of care, treatment, or procedures to be
12    provided by the physician assistant. The written
13    collaborative agreement shall be established at the
14    practice level and shall promote the exercise of
15    professional judgment by the physician assistant
16    commensurate with his or her education and experience. The
17    services to be provided by the physician assistant shall
18    be services that the collaborating physician is authorized
19    to and generally provides to his or her patients in the
20    normal course of his or her clinical medical practice. The
21    written collaborative agreement need not describe the
22    exact steps that a physician assistant must take with
23    respect to each specific condition, disease, or symptom
24    but must specify which authorized procedures require the
25    presence of the collaborating physician as the procedures

 

 

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1    are being performed. The relationship under a written
2    collaborative agreement shall not be construed to require
3    the personal presence of a physician at the place where
4    services are rendered. Methods of communication shall be
5    available for consultation with the collaborating
6    physician in person or by telecommunications or electronic
7    communications as set forth in the written collaborative
8    agreement. For the purposes of this Act, "generally
9    provides to his or her patients in the normal course of his
10    or her clinical medical practice" means services, not
11    specific tasks or duties, the collaborating physician
12    routinely provides individually or through delegation to
13    other persons so that the physician has the experience and
14    ability to collaborate and provide consultation.
15        (2) The written collaborative agreement shall be
16    adequate if a physician does each of the following:
17            (A) Participates in the joint formulation and
18        joint approval of orders or guidelines with the
19        physician assistant and he or she periodically reviews
20        such orders and the services provided patients under
21        such orders in accordance with accepted standards of
22        medical practice and physician assistant practice.
23            (B) Provides consultation at least once a month.
24        (3) (Blank). A copy of the signed, written
25    collaborative agreement must be available to the
26    Department upon request from both the physician assistant

 

 

HB1826- 18 -LRB102 09945 SPS 15263 b

1    and the collaborating physician.
2        (4) A physician assistant shall, upon request, inform
3    each collaborating physician of all written collaborative
4    agreements into which he or she has entered signed and
5    provide a copy of these to any collaborating physician
6    upon request.
7    (b) A collaborating physician may, but is not required to,
8delegate prescriptive authority to a physician assistant as
9part of a written collaborative agreement. This authority may,
10but is not required to, include prescription of, selection of,
11orders for, administration of, storage of, acceptance of
12samples of, and dispensing medical devices, over the counter
13medications, legend drugs, medical gases, and controlled
14substances categorized as Schedule II through V controlled
15substances, as defined in Article II of the Illinois
16Controlled Substances Act, and other preparations, including,
17but not limited to, botanical and herbal remedies. The
18physician assistant's collaborating physician must have a
19valid, current Illinois controlled substance license and
20federal registration with the Drug Enforcement Administration
21Agency to delegate the authority to prescribe controlled
22substances.
23        (1) To prescribe Schedule II, III, IV, or V controlled
24    substances under this Section, a physician assistant must
25    obtain a mid-level practitioner controlled substances
26    license. Medication orders issued by a physician assistant

 

 

HB1826- 19 -LRB102 09945 SPS 15263 b

1    shall be reviewed periodically by the collaborating
2    physician.
3        (2) The collaborating physician shall file with the
4    Department notice of delegation of prescriptive authority
5    to a physician assistant and termination of prescriptive
6    authority delegation, specifying the authority delegated
7    or terminated. Upon receipt of this notice of prescriptive
8    authority delegating authority to prescribe controlled
9    substances, the physician assistant shall be eligible to
10    register for a mid-level practitioner controlled
11    substances license under Section 303.05 of the Illinois
12    Controlled Substances Act. Nothing in this Act shall be
13    construed to limit the delegation of tasks or duties by
14    the collaborating physician to a nurse or other
15    appropriately trained persons in accordance with Section
16    54.2 of the Medical Practice Act of 1987.
17        (3) In addition to the requirements of this subsection
18    (b), a collaborating physician may, but is not required
19    to, specify that the physician assistant may delegate
20    authority to a physician assistant to prescribe Schedule
21    II controlled substances, if all of the following
22    conditions apply:
23            (A) A physician assistant may prescribe specific
24        Schedule II controlled substances by oral dosage or
25        topical or transdermal application if the Specific
26        Schedule II controlled substances by oral dosage or

 

 

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1        topical or transdermal application may be delegated,
2        provided that the delegated Schedule II controlled
3        substances are routinely prescribed by the
4        collaborating physician. The This delegation must
5        identify the specific Schedule II controlled
6        substances must be identified by either brand name or
7        generic name. A physician assistant may not prescribe
8        Schedule II controlled substances to be delivered by
9        injection or other route of administration may not be
10        delegated.
11            (B) (Blank).
12            (C) Any prescription must be limited to no more
13        than a 30-day supply, with any continuation authorized
14        only after prior approval of the collaborating
15        physician.
16            (D) The physician assistant must discuss the
17        condition of any patients for whom a controlled
18        substance is prescribed monthly with the collaborating
19        physician.
20            (E) The physician assistant meets the education
21        requirements of Section 303.05 of the Illinois
22        Controlled Substances Act.
23    (c) Nothing in this Act shall be construed to limit the
24delegation of tasks or duties by a physician to a licensed
25practical nurse, a registered professional nurse, or other
26persons. Nothing in this Act shall be construed to limit the

 

 

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1means of collaboration between the physician assistant and the
2collaborating physician method of delegation that may be
3authorized by any means, including, but not limited to, oral,
4written, electronic, standing orders, protocols, guidelines,
5or verbal orders. Nothing in this Act shall be construed to
6authorize a physician assistant to provide health care
7services required by law or rule to be performed by a
8physician. Nothing in this Act shall be construed to authorize
9the delegation or performance of operative surgery. Nothing in
10this Section shall be construed to preclude a physician
11assistant from assisting in surgery.
12    (c-5) Nothing in this Section shall be construed to apply
13to any medication authority, including Schedule II controlled
14substances of a licensed physician assistant for care provided
15in a hospital, hospital affiliate, or ambulatory surgical
16treatment center pursuant to Section 7.7 of this Act.
17    (d) (Blank).
18    (e) Nothing in this Section shall be construed to prohibit
19generic substitution.
20(Source: P.A. 100-453, eff. 8-25-17; 101-13, eff. 6-12-19;
21revised 8-24-20.)
 
22    (225 ILCS 95/7.7)
23    (Section scheduled to be repealed on January 1, 2028)
24    Sec. 7.7. Physician assistants in hospitals, hospital
25affiliates, or ambulatory surgical treatment centers.

 

 

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1    (a) A physician assistant may provide services in a
2hospital as defined in the Hospital Licensing Act, a hospital
3affiliate as defined in the University of Illinois Hospital
4Act, or a licensed ambulatory surgical treatment center as
5defined in the Ambulatory Surgical Treatment Center Act
6without a written collaborative agreement pursuant to Section
77.5 of this Act. A physician assistant must possess clinical
8privileges recommended by the hospital medical staff and
9granted by the hospital or the consulting medical staff
10committee and ambulatory surgical treatment center in order to
11provide services. The medical staff or consulting medical
12staff committee shall periodically review the services of
13physician assistants granted clinical privileges, including
14any care provided in a hospital affiliate. Authority may also
15be granted when recommended by the hospital medical staff and
16granted by the hospital or recommended by the consulting
17medical staff committee and ambulatory surgical treatment
18center to individual physician assistants to select, order,
19and administer medications, including controlled substances,
20to provide delineated care. In a hospital, hospital affiliate,
21or ambulatory surgical treatment center, the medical staff
22attending physician shall determine a physician assistant's
23role in providing care for his or her patients, except as
24otherwise provided in the medical staff bylaws or consulting
25committee policies.
26    (a-5) Physician assistants practicing in a hospital

 

 

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1affiliate may be, but are not required to be, granted
2authority to prescribe Schedule II through V controlled
3substances when such authority is recommended by the
4appropriate physician committee of the hospital affiliate and
5granted by the hospital affiliate. This authority may, but is
6not required to, include prescription of, selection of, orders
7for, administration of, storage of, acceptance of samples of,
8and dispensing over-the-counter medications, legend drugs,
9medical gases, and controlled substances categorized as
10Schedule II through V controlled substances, as defined in
11Article II of the Illinois Controlled Substances Act, and
12other preparations, including, but not limited to, botanical
13and herbal remedies.
14    To prescribe controlled substances under this subsection
15(a-5), a physician assistant must obtain a mid-level
16practitioner controlled substance license. Medication orders
17shall be reviewed periodically by the appropriate hospital
18affiliate physicians committee or its physician designee.
19    The hospital affiliate shall file with the Department
20notice of a grant of prescriptive authority consistent with
21this subsection (a-5) and termination of such a grant of
22authority in accordance with rules of the Department. Upon
23receipt of this notice of grant of authority to prescribe any
24Schedule II through V controlled substances, the licensed
25physician assistant may register for a mid-level practitioner
26controlled substance license under Section 303.05 of the

 

 

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1Illinois Controlled Substances Act.
2    In addition, a hospital affiliate may, but is not required
3to, grant authority to a physician assistant to prescribe any
4Schedule II controlled substances if all of the following
5conditions apply:
6        (1) specific Schedule II controlled substances by oral
7    dosage or topical or transdermal application may be
8    designated, provided that the designated Schedule II
9    controlled substances are routinely prescribed by
10    physician assistants in their area of certification; this
11    grant of authority must identify the specific Schedule II
12    controlled substances by either brand name or generic
13    name; authority to prescribe or dispense Schedule II
14    controlled substances to be delivered by injection or
15    other route of administration may not be granted;
16        (2) any grant of authority must be controlled
17    substances limited to the practice of the physician
18    assistant;
19        (3) any prescription must be limited to no more than a
20    30-day supply;
21        (4) the physician assistant must discuss the condition
22    of any patients for whom a controlled substance is
23    prescribed monthly with the appropriate physician
24    committee of the hospital affiliate or its physician
25    designee; and
26        (5) the physician assistant must meet the education

 

 

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1    requirements of Section 303.05 of the Illinois Controlled
2    Substances Act.
3    (b) A physician assistant granted authority to order
4medications including controlled substances may complete
5discharge prescriptions provided the prescription is in the
6name of the physician assistant and the attending or
7discharging physician.
8    (c) Physician assistants practicing in a hospital,
9hospital affiliate, or an ambulatory surgical treatment center
10are not required to obtain a mid-level controlled substance
11license to order controlled substances under Section 303.05 of
12the Illinois Controlled Substances Act.
13(Source: P.A. 100-453, eff. 8-25-17.)
 
14    (225 ILCS 95/11)  (from Ch. 111, par. 4611)
15    (Section scheduled to be repealed on January 1, 2028)
16    Sec. 11. Physician Assistant Medical Licensing Board
17Committee. There is established a Physician Assistant Medical
18Licensing Board physician assistant advisory committee to the
19Department and the Medical Licensing Board. The Physician
20Assistant Medical Licensing Board may manage and regulate
21physician assistant advisory committee may review and make
22recommendations to the Department and the Board regarding all
23matters relating to physician assistants. Such matters may
24include, but not be limited to:
25        (1) applications for licensure;

 

 

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1        (2) (blank); disciplinary proceedings;
2        (3) renewal requirements; and
3        (4) any other issues pertaining to the regulation and
4    practice of physician assistants in the State.
5    The Physician Assistant Medical Licensing Board physician
6assistant advisory committee shall be composed of 7 members.
7Two Three of the 7 members shall be physicians appointed by the
8Governor , 2 of whom shall be members of the Board and appointed
9to the advisory committee by the chairman. One physician, not
10a member of the Board, shall be a supervisor of a licensed
11physician assistant and shall be approved by the Governor from
12a list of Illinois physicians who collaborate with supervising
13licensed physician assistants. Four Three members shall be
14physician assistants, licensed under the law and appointed by
15the Governor from a list of 10 names recommended by the Board
16of Directors of the Illinois Academy of Physician Assistants.
17One member, not employed or having any material interest in
18any health care field, shall be appointed by the Governor and
19represent the public. The chairman of the Physician Assistant
20Medical Licensing Board physician assistant advisory committee
21shall be a member elected by a majority vote of the Physician
22Assistant Medical Licensing Board physician assistant advisory
23committee unless already a member of the Board. The Physician
24Assistant Medical Licensing Board physician assistant advisory
25committee is required to meet and report to the Department and
26the Board as physician assistant issues arise. The terms of

 

 

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1office of each of the original 7 members shall be at staggered
2intervals. One physician and one physician assistant shall
3serve for a 2 year term. One physician and one physician
4assistant shall serve a 3 year term. One physician, one
5physician assistant and the public member shall serve a 4 year
6term. Upon the expiration of the term of any member, his
7successor shall be appointed for a term of 4 years in the same
8manner as the initial appointment. No member shall serve more
9than 2 consecutive terms.
10    Four members of the Physician Assistant Medical Licensing
11Board physician assistant advisory committee shall constitute
12a quorum. A quorum is required to perform all of the duties of
13the committee.
14    Members of the Physician Assistant Medical Licensing Board
15physician assistant advisory committee shall have no liability
16for any action based upon a disciplinary proceeding or other
17activity performed in good faith as a member of the committee.
18(Source: P.A. 95-703, eff. 12-31-07; 96-720, eff. 8-25-09.)
 
19    Section 99. Effective date. This Act takes effect January
201, 2022.