093_HB3047eng
HB3047 Engrossed LRB093 06091 AMC 06196 b
1 AN ACT concerning physician assistants.
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
5 by changing Section 54.5 as follows:
6 (225 ILCS 60/54.5)
7 (Section scheduled to be repealed on January 1, 2007)
8 Sec. 54.5. Physician delegation of authority.
9 (a) A physicianPhysicians licensed to practice medicine
10 in all its branches may delegate care and treatment
11 responsibilities to a physician assistant under guidelines in
12 accordance with the requirements of the Physician Assistant
13 Practice Act of 1987. A physician licensed to practice
14 medicine in all its branches may enter into supervising
15 physician agreements with no more than 2 physician
16 assistants.
17 (b) A physician licensed to practice medicine in all its
18 branches in active clinical practice may collaborate with an
19 advanced practice nurse in accordance with the requirements
20 of Title 15 of the Nursing and Advanced Practice Nursing Act.
21 Collaboration is for the purpose of providing medical
22 direction, and no employment relationship is required. A
23 written collaborative agreement shall conform to the
24 requirements of Sections 15-15 and 15-20 of the Nursing and
25 Advanced Practice Nursing Act. The written collaborative
26 agreement shall be for services the collaborating physician
27 generally provides to his or her patients in the normal
28 course of clinical medical practice. Physician medical
29 direction shall be adequate with respect to collaboration
30 with certified nurse practitioners, certified nurse midwives,
31 and clinical nurse specialists if a collaborating physician:
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1 (1) participates in the joint formulation and joint
2 approval of orders or guidelines with the advanced
3 practice nurse and periodically reviews such orders and
4 the services provided patients under such orders in
5 accordance with accepted standards of medical practice
6 and advanced practice nursing practice;
7 (2) is on site at least once a month to provide
8 medical direction and consultation; and
9 (3) is available through telecommunications for
10 consultation on medical problems, complications, or
11 emergencies or patient referral.
12 (b-5) An anesthesiologist or physician licensed to
13 practice medicine in all its branches may collaborate with a
14 certified registered nurse anesthetist in accordance with
15 Section 15-25 of the Nursing and Advanced Practice Nursing
16 Act. Medical direction for a certified registered nurse
17 anesthetist shall be adequate if:
18 (1) an anesthesiologist or a physician participates
19 in the joint formulation and joint approval of orders or
20 guidelines and periodically reviews such orders and the
21 services provided patients under such orders; and
22 (2) for anesthesia services, the anesthesiologist
23 or physician participates through discussion of and
24 agreement with the anesthesia plan and is physically
25 present and available on the premises during the delivery
26 of anesthesia services for diagnosis, consultation, and
27 treatment of emergency medical conditions. Anesthesia
28 services in a hospital shall be conducted in accordance
29 with Section 10.7 of the Hospital Licensing Act and in an
30 ambulatory surgical treatment center in accordance with
31 Section 6.5 of the Ambulatory Surgical Treatment Center
32 Act.
33 (b-10) The anesthesiologist or operating physician must
34 agree with the anesthesia plan prior to the delivery of
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1 services.
2 (c) The supervising physician shall have access to the
3 medical records of all patients attended by a physician
4 assistant. The collaborating physician shall have access to
5 the medical records of all patients attended to by an
6 advanced practice nurse.
7 (d) Nothing in this Act shall be construed to limit the
8 delegation of tasks or duties by a physician licensed to
9 practice medicine in all its branches to a licensed practical
10 nurse, a registered professional nurse, or other personnel.
11 (e) A physician shall not be liable for the acts or
12 omissions of a physician assistant or advanced practice nurse
13 solely on the basis of having signed a supervision agreement
14 or guidelines or a collaborative agreement, an order, a
15 standing medical order, a standing delegation order, or other
16 order or guideline authorizing a physician assistant or
17 advanced practice nurse to perform acts, unless the physician
18 has reason to believe the physician assistant or advanced
19 practice nurse lacked the competency to perform the act or
20 acts or commits willful and wanton misconduct.
21 (Source: P.A. 90-742, eff. 8-13-98; 91-414, eff. 8-6-99.)