Full Text of SB1683 101st General Assembly
SB1683sam001 101ST GENERAL ASSEMBLY | Sen. Emil Jones, III Filed: 3/14/2019
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| 1 | | AMENDMENT TO SENATE BILL 1683
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1683 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Nurse Practice Act is amended by changing | 5 | | Section 65-35 as follows:
| 6 | | (225 ILCS 65/65-35)
(was 225 ILCS 65/15-15)
| 7 | | (Section scheduled to be repealed on January 1, 2028)
| 8 | | Sec. 65-35. Written collaborative
agreements. | 9 | | (a) A written collaborative agreement is required for all | 10 | | advanced practice registered nurses engaged in clinical | 11 | | practice prior to meeting the requirements of Section 65-43, | 12 | | except for advanced practice registered nurses who are | 13 | | privileged to practice in a hospital, hospital affiliate, or | 14 | | ambulatory surgical treatment center. | 15 | | (a-5) If an advanced practice registered nurse engages in | 16 | | clinical practice outside of a hospital, hospital affiliate, or |
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| 1 | | ambulatory surgical treatment center in which he or she is | 2 | | privileged to practice, the advanced practice registered nurse | 3 | | must have a written collaborative agreement, except as set | 4 | | forth in Section 65-43.
| 5 | | (b) A written collaborative
agreement shall describe the | 6 | | relationship of the
advanced practice registered nurse with the | 7 | | collaborating
physician and shall describe the categories of
| 8 | | care, treatment, or procedures to be provided by the advanced
| 9 | | practice registered nurse. A collaborative agreement with a | 10 | | podiatric physician must be in accordance with subsection (c-5) | 11 | | or (c-15) of this Section. A collaborative agreement with a | 12 | | dentist must be in accordance with subsection (c-10) of this | 13 | | Section. A collaborative agreement with a podiatric physician | 14 | | must be in accordance with subsection (c-5) of this Section. | 15 | | Collaboration does not require an
employment relationship | 16 | | between the collaborating physician
and the advanced practice | 17 | | registered nurse.
| 18 | | The collaborative
relationship under an agreement shall | 19 | | not be
construed to require the personal presence of a | 20 | | collaborating physician at the place where services are | 21 | | rendered.
Methods of communication shall
be available for | 22 | | consultation with the collaborating
physician in person or by | 23 | | telecommunications or electronic communications as set forth | 24 | | in the written
agreement.
| 25 | | (b-5) Absent an employment relationship, a written | 26 | | collaborative agreement may not (1) restrict the categories of |
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| 1 | | patients of an advanced practice registered nurse within the | 2 | | scope of the advanced practice registered nurses training and | 3 | | experience, (2) limit third party payors or government health | 4 | | programs, such as the medical assistance program or Medicare | 5 | | with which the advanced practice registered nurse contracts, or | 6 | | (3) limit the geographic area or practice location of the | 7 | | advanced practice registered nurse in this State. | 8 | | (c)
In the case of anesthesia services provided by a | 9 | | certified registered nurse anesthetist, an anesthesiologist, a | 10 | | physician, a dentist, or a podiatric physician must participate | 11 | | through discussion of and agreement with the anesthesia plan | 12 | | and remain physically present and available on the premises | 13 | | during the delivery of surgical anesthesia services for | 14 | | diagnosis, consultation, and treatment of emergency medical | 15 | | conditions.
| 16 | | (c-5) A certified registered nurse anesthetist, who | 17 | | provides anesthesia services outside of a hospital or | 18 | | ambulatory surgical treatment center shall enter into a written | 19 | | collaborative agreement with an anesthesiologist or the | 20 | | physician licensed to practice medicine in all its branches or | 21 | | the podiatric physician performing the procedure. Outside of a | 22 | | hospital or ambulatory surgical treatment center, the | 23 | | certified registered nurse anesthetist may provide only those | 24 | | services that the collaborating podiatric physician is | 25 | | authorized to provide pursuant to the Podiatric Medical | 26 | | Practice Act of 1987 and rules adopted thereunder. A certified |
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| 1 | | registered nurse anesthetist may select, order, and administer | 2 | | medication, including controlled substances, and apply | 3 | | appropriate medical devices for delivery of anesthesia | 4 | | services under the anesthesia plan agreed with by the | 5 | | anesthesiologist or the operating physician or operating | 6 | | podiatric physician. | 7 | | (c-10) A certified registered nurse anesthetist who | 8 | | provides anesthesia services in a dental office shall enter | 9 | | into a written collaborative agreement with an | 10 | | anesthesiologist or the physician licensed to practice | 11 | | medicine in all its branches or the operating dentist | 12 | | performing the procedure. The agreement shall describe the | 13 | | working relationship of the certified registered nurse | 14 | | anesthetist and dentist and shall authorize the categories of | 15 | | care, treatment, or procedures to be performed by the certified | 16 | | registered nurse anesthetist. In a collaborating dentist's | 17 | | office, the certified registered nurse anesthetist may only | 18 | | provide those services that the operating dentist with the | 19 | | appropriate permit is authorized to provide pursuant to the | 20 | | Illinois Dental Practice Act and rules adopted thereunder. For | 21 | | anesthesia services, an anesthesiologist, physician, or | 22 | | operating dentist shall participate through discussion of and | 23 | | agreement with the anesthesia plan and shall remain physically | 24 | | present and be available on the premises during the delivery of | 25 | | anesthesia services for diagnosis, consultation, and treatment | 26 | | of emergency medical conditions. A certified registered nurse |
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| 1 | | anesthetist may select, order, and administer medication, | 2 | | including controlled substances, and apply appropriate medical | 3 | | devices for delivery of anesthesia services under the | 4 | | anesthesia plan agreed with by the operating dentist. | 5 | | (c-15) An advanced practice registered nurse who had a | 6 | | written collaborative agreement with a podiatric physician | 7 | | immediately before the effective date of Public Act 100-513 may | 8 | | continue in that collaborative relationship or enter into a new | 9 | | written collaborative relationship with a podiatric physician | 10 | | under the requirements of this Section and Section 65-40, as | 11 | | those Sections existed immediately before the amendment of | 12 | | those Sections by Public Act 100-513 with regard to a written | 13 | | collaborative agreement between an advanced practice | 14 | | registered nurse and a podiatric physician. | 15 | | (d) A copy of the signed, written collaborative agreement | 16 | | must be available
to the Department upon request from both the | 17 | | advanced practice registered nurse
and the collaborating | 18 | | physician, dentist, or podiatric physician. | 19 | | (e) Nothing in this Act shall be construed to limit the | 20 | | delegation of tasks or duties by a physician to a licensed | 21 | | practical nurse, a registered professional nurse, or other | 22 | | persons in accordance with Section 54.2 of the Medical Practice | 23 | | Act of 1987. Nothing in this Act shall be construed to limit | 24 | | the method of delegation that may be authorized by any means, | 25 | | including, but not limited to, oral, written, electronic, | 26 | | standing orders, protocols, guidelines, or verbal orders. |
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| 1 | | (e-5) Nothing in this Act shall be construed to authorize | 2 | | an advanced practice registered nurse to provide health care | 3 | | services required by law or rule to be performed by a | 4 | | physician, including those acts to be performed by a physician | 5 | | in Section 3.1 of the Illinois Abortion Law of 1975. | 6 | | (f) An advanced
practice registered nurse shall inform each | 7 | | collaborating physician, dentist, or podiatric physician of | 8 | | all collaborative
agreements he or she
has signed and provide a | 9 | | copy of these to any collaborating physician, dentist, or | 10 | | podiatric physician upon
request.
| 11 | | (g) (Blank). | 12 | | (Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18; | 13 | | 100-577, eff. 1-26-18; 100-1096, eff. 8-26-18.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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