Full Text of SB0145 102nd General Assembly
SB0145sam001 102ND GENERAL ASSEMBLY | 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| 7 | | (Section scheduled to be repealed on January 1, 2028)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| 14 | | (Section scheduled to be repealed on January 1, 2028)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.)".
|
|