Full Text of HB3721 103rd General Assembly
HB3721ham001 103RD GENERAL ASSEMBLY | Rep. Terra Costa Howard Filed: 4/1/2024 | | 10300HB3721ham001 | | LRB103 30237 RTM 71288 a |
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| 1 | | AMENDMENT TO HOUSE BILL 3721
| 2 | | AMENDMENT NO. ______. Amend House Bill 3721 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Naturopathic Medical Practice Act. | 6 | | Section 5. Purpose and findings. The practice of | 7 | | naturopathic medicine in the State is declared to affect the | 8 | | public health, safety, and welfare and to be subject to | 9 | | regulation and control in the public interest. It is further | 10 | | declared to be a matter of public interest that naturopathic | 11 | | doctors and the practice of naturopathic medicine, as defined | 12 | | in this Act, merit the confidence of the public, that only | 13 | | qualified persons be authorized to practice naturopathic | 14 | | medicine in the State, and that no person shall practice | 15 | | naturopathic medicine without a valid existing license to do | 16 | | so. |
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| 1 | | The State is facing an unprecedented physician shortage in | 2 | | urban counties and an even higher shortage in rural counties. | 3 | | The COVID-19 pandemic increased that shortage exponentially. | 4 | | Naturopathic doctors with a proper scope of practice can help | 5 | | fill this void. | 6 | | The General Assembly recognizes that naturopathic doctors | 7 | | comprise a distinct health care profession that affects the | 8 | | public health, safety, and welfare and that licensure of | 9 | | naturopathic doctors will increase freedom of choice in health | 10 | | care and help address the physician shortage in the State. | 11 | | This Act shall be liberally construed to best carry out these | 12 | | subjects and purposes. | 13 | | Section 10. Definitions. In this Act: | 14 | | "Approved naturopathic medical educational program" means | 15 | | an educational program that the Board has approved as meeting | 16 | | the requirements of Section 20 of this Act and that prepares | 17 | | naturopathic doctors for the practice of naturopathic | 18 | | medicine. | 19 | | "Association" means an entity that is approved by the | 20 | | American Association of Naturopathic Physicians and that | 21 | | represents the interests of naturopathic doctors in this | 22 | | State. | 23 | | "Board" means the Naturopathic Medical Board established | 24 | | under Section 55 of this Act. | 25 | | "Clinical laboratory procedure" means the use of |
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| 1 | | venipuncture consistent with naturopathic medical practice, | 2 | | commonly used diagnostic modalities consistent with | 3 | | naturopathic practice, the recording of a patient's health | 4 | | history, physical examination, ordering and interpretation of | 5 | | radiographic diagnostics and other standard imaging and | 6 | | examination of body orifices, excluding endoscopy and | 7 | | colonoscopy. "Clinical laboratory procedure" includes the | 8 | | practice of obtaining samples of human tissues, except | 9 | | surgical excision beyond surgical excision that is authorized | 10 | | as a minor office procedure. | 11 | | "Drug" has meaning given in Section 102 of the Illinois | 12 | | Controlled Substances Act. | 13 | | "Homeopathic medicine" means a system of medicine based on | 14 | | the use of infinitesimal doses of substances capable of | 15 | | producing symptoms similar to those of the disease treated, as | 16 | | listed in the Homeopathic Pharmacopoeia of the United States. | 17 | | "Hygiene" means the use of preventive techniques, | 18 | | including personal hygiene for asepsis, public health, and | 19 | | safety. | 20 | | "Laboratory examination" means: | 21 | | (1) phlebotomy; | 22 | | (2) a clinical laboratory procedure; | 23 | | (3) an orificial examination; | 24 | | (4) a physiological function test; and | 25 | | (5) a screening or test that is consistent with | 26 | | naturopathic education and training. |
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| 1 | | "Legend drug" has the same meaning as set forth in Section | 2 | | 3.23 of the Illinois Food, Drug and Cosmetic Act. | 3 | | "License" means a license issued by the Board to an | 4 | | individual pursuant to this Act and rules authorizing that | 5 | | individual to practice naturopathic medicine in this State. | 6 | | "Licensee" means a naturopathic doctor licensed by the | 7 | | Board to practice naturopathic medicine in this State. | 8 | | "Minor office procedure" means minor surgical care and | 9 | | procedures, including: | 10 | | (1) surgical care incidental to superficial | 11 | | laceration, lesion, or abrasion, excluding surgical care | 12 | | to treat a lesion suspected of malignancy; | 13 | | (2) the removal of foreign bodies located in | 14 | | superficial structures, excluding the globe of the eye; | 15 | | (3) trigger point therapy; | 16 | | (4) dermal stimulation; | 17 | | (5) allergy testing and treatment; and | 18 | | (6) the use of antiseptics and topical or local | 19 | | anesthetics. | 20 | | "Naturopathic doctor" means an individual licensed under | 21 | | this Act as a naturopathic doctor to practice naturopathic | 22 | | medicine in this State. | 23 | | "Naturopathic medicine" means: | 24 | | (1) a system of health care for the prevention, | 25 | | diagnosis and treatment of human health conditions, | 26 | | injury, and disease; |
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| 1 | | (2) the promotion or restoration of health; and | 2 | | (3) the support and stimulation of a patient's | 3 | | inherent self-healing processes through patient education | 4 | | and the use of naturopathic therapies and therapeutic | 5 | | substances. | 6 | | "Naturopathic physical medicine" means the use of one or | 7 | | more of the following physical agents in a manner consistent | 8 | | with naturopathic medical practice on a part or the whole of | 9 | | the body, by hand or by mechanical means, in the resolution of | 10 | | a human ailment or conditions: | 11 | | (1) air; | 12 | | (2) water; | 13 | | (3) heat; | 14 | | (4) cold; | 15 | | (5) sound; | 16 | | (6) light; | 17 | | (7) electromagnetism; | 18 | | (8) colon hydrotherapy; | 19 | | (9) soft tissue therapy; | 20 | | (10) joint mobilization; | 21 | | (11) therapeutic exercise; or | 22 | | (12) naturopathic manipulation. | 23 | | "Naturopathic therapy" means the use of: | 24 | | (1) naturopathic physical medicine; | 25 | | (2) suggestion; | 26 | | (3) hygiene; |
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| 1 | | (4) a therapeutic substance; | 2 | | (5) nutrition and food science; | 3 | | (6) homeopathic medicine; | 4 | | (7) a clinical laboratory procedure; or | 5 | | (8) a minor office procedure. | 6 | | "Nutrition and food science" means the prevention and | 7 | | treatment of disease or other human conditions through the use | 8 | | of food, water, herbs, roots, bark, or natural food elements. | 9 | | "Prescription" has the same meaning as set forth in | 10 | | Section 3 of the Pharmacy Practice Act. | 11 | | "Professional examination" means a competency based | 12 | | naturopathic doctor licensing examination as determined by | 13 | | Department rule. | 14 | | "Suggestion" means a technique using: | 15 | | (1) biofeedback; | 16 | | (2) hypnosis; | 17 | | (3) health education; or | 18 | | (4) health counseling. | 19 | | "Telehealth" or "telepractice" means the delivery of | 20 | | services under this Act by using electronic communication, | 21 | | information technologies, or other means between an individual | 22 | | licensed under this Act in one location and a patient or client | 23 | | in another location, with or without an intervening healthcare | 24 | | provider. "Telehealth" or "telepractice" includes direct, | 25 | | interactive patient encounters, asynchronous | 26 | | store-and-forward technologies, and remote monitoring. |
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| 1 | | Telehealth or telepractice is not prohibited under this Act | 2 | | provided that the provision of telehealth or telepractice | 3 | | services is appropriate for the client and the level of care | 4 | | provided meets the required level of care for that client. | 5 | | Individuals providing services regulated by this Act via | 6 | | telepractice shall comply with and are subject to all | 7 | | licensing and disciplinary provisions of this Act. | 8 | | "Therapeutic substance" means any of the following | 9 | | exemplified in a standard naturopathic medical text, journal, | 10 | | or pharmacopeia: | 11 | | (1) a vitamin; | 12 | | (2) a mineral; | 13 | | (3) a nutraceutical; | 14 | | (4) a botanical medicine; | 15 | | (5) oxygen; | 16 | | (6) a homeopathic medicine; | 17 | | (7) a hormone; | 18 | | (8) a hormonal or pharmaceutical contraceptive device; | 19 | | or | 20 | | (9) other physiologic substance. | 21 | | Section 15. Qualifications for licensure. The Board shall | 22 | | license an applicant who: | 23 | | (1) submits, in accordance with rules of the | 24 | | Department, the following items to the Board: | 25 | | (A) an application for licensure designed and |
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| 1 | | approved by the Board and submitted in accordance with | 2 | | rules of the Department; | 3 | | (B) an application fee submitted in an amount and | 4 | | manner established by rules of the Department; | 5 | | (C) evidence that the applicant has graduated from | 6 | | a Council on Naturopathic Medical Education or an | 7 | | equivalent federally recognized accrediting body, | 8 | | approved naturopathic medical education program; | 9 | | (D) evidence that the applicant has passed a | 10 | | professional examination authorized by rule of the | 11 | | Department and administered by the North American | 12 | | Board of Naturopathic Examiners or its successor; | 13 | | (E) evidence that the applicant has passed a | 14 | | pharmacy examination authorized by rules of the | 15 | | Department and administered by the North American | 16 | | Board of Naturopathic Examiners or its successor; | 17 | | (F) evidence that the applicant has passed a minor | 18 | | surgery examination authorized by rules of the | 19 | | Department and administered by the North American | 20 | | Board of Naturopathic Examiners or its successor; and | 21 | | (G) evidence of professional liability insurance | 22 | | with policy limits not less than prescribed by the | 23 | | Department; | 24 | | (2) is determined by the Board to be physically and | 25 | | mentally capable of safely practicing naturopathic | 26 | | medicine with or without reasonable accommodation; and |
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| 1 | | (3) has not had a license to practice naturopathic | 2 | | medicine or other health care license, registration, or | 3 | | certificate refused, revoked, or suspended by any other | 4 | | jurisdiction for reasons that relate to the applicant's | 5 | | ability to skillfully and safely practice naturopathic | 6 | | medicine unless that license, registration, or | 7 | | certification has been restored to good standing by that | 8 | | jurisdiction. | 9 | | Section 20. Approved naturopathic medical educational | 10 | | program. The Department shall establish, by rule, guidelines | 11 | | for an approved naturopathic medical educational program, | 12 | | which guidelines shall meet the following requirements and the | 13 | | Department's specifications for the education of naturopathic | 14 | | doctors. The approved naturopathic medical educational program | 15 | | shall: | 16 | | (1) offer graduate-level, full-time didactic and | 17 | | supervised clinical training; | 18 | | (2) be accredited, or have achieved candidacy status | 19 | | for accreditation, by the Council on Naturopathic Medical | 20 | | Education or an equivalent federally recognized | 21 | | accrediting body for naturopathic medical programs that is | 22 | | also recognized by the Department; and | 23 | | (3) be conducted by an institution of higher | 24 | | education, or a division of an institution of higher | 25 | | education, that: |
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| 1 | | (A) is accredited or is a candidate for | 2 | | accreditation by a regional or national institutional | 3 | | accrediting agency recognized by the United States | 4 | | Secretary of Education or a diploma-granting, | 5 | | degree-equivalent college or university; or | 6 | | (B) meets equivalent standards for recognition of | 7 | | accreditation established by rules of the Department | 8 | | for medical education programs offered in Canada. | 9 | | Section 25. Display of license. A licensee shall display | 10 | | the licensee's license in the licensee's place of business in | 11 | | a location clearly visible to the licensee's patients and | 12 | | shall also display evidence of the licensee having completed | 13 | | an approved naturopathic medical educational program. | 14 | | Section 27. Written collaborative agreements. | 15 | | (a) A written collaborative agreement is required for all | 16 | | naturopathic doctors engaged in clinical practice. | 17 | | (b) A written collaborative agreement shall describe the | 18 | | relationship between the naturopathic doctor and the | 19 | | collaborating physician and shall describe the categories of | 20 | | care, treatment, or procedures to be provided by the | 21 | | naturopathic doctor. Collaboration does not require an | 22 | | employment relationship between the collaborating physician | 23 | | and the naturopathic doctor. | 24 | | The collaborative relationship established under an |
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| 1 | | agreement shall not be construed to require the personal | 2 | | presence of a collaborating physician at the place where | 3 | | services are rendered. Methods of communication for | 4 | | consultation with the collaborating physician in person or by | 5 | | telecommunications or electronic communications shall be | 6 | | available as set forth in the written agreement. | 7 | | (c) Absent an employment relationship, a written | 8 | | collaborative agreement under this Section may not: | 9 | | (1) restrict the categories of patients of a | 10 | | naturopathic doctor within the scope of the naturopathic | 11 | | doctor's training and experience; | 12 | | (2) limit third party payors or government health | 13 | | programs; or | 14 | | (3) limit the geographic area or practice location of | 15 | | the naturopathic doctor in this State. | 16 | | (d) A copy of the signed, written collaborative agreement | 17 | | must be available to the Department upon request from both the | 18 | | naturopathic doctor and the collaborating 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 | 23 | | Practice Act of 1987. Nothing in this Act shall be construed to | 24 | | limit the method of delegation that may be authorized by any | 25 | | means, including, but not limited to, verbal, written, | 26 | | electronic, or standing orders, protocols, or guidelines. |
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| 1 | | (f) Nothing in this Act shall be construed to authorize a | 2 | | naturopathic doctor to provide health care services required | 3 | | by law or rule to be performed by a physician. The scope of | 4 | | practice of a naturopathic doctor does not include operative | 5 | | surgery. Nothing in this Section shall be construed to | 6 | | preclude a naturopathic doctor from assisting in surgery. | 7 | | (g) A naturopathic doctor shall inform each collaborating | 8 | | physician, dentist, or podiatric physician of all | 9 | | collaborative agreements the naturopathic doctor has signed | 10 | | and provide a copy of those agreements to any collaborating | 11 | | physician, dentist, or podiatric physician upon request. | 12 | | Section 30. Scope of practice. | 13 | | (a) A licensee may practice naturopathic medicine to | 14 | | provide primary care in alignment with naturopathic medical | 15 | | education to: | 16 | | (1) perform physical examinations; | 17 | | (2) order laboratory examinations; | 18 | | (3) order diagnostic imaging studies; | 19 | | (4) interpret the results of laboratory examinations | 20 | | for diagnostic purposes; | 21 | | (5) order and, based on a radiologist's report, take | 22 | | action on diagnostic imaging studies in a manner | 23 | | consistent with naturopathic training; | 24 | | (6) prescribe, administer, dispense, and order food, | 25 | | extracts of food, nutraceuticals, vitamins, amino acids, |
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| 1 | | minerals, enzymes, botanicals and their extracts, | 2 | | botanical medicines, homeopathic medicines, dietary | 3 | | supplements, and nonprescription drugs as defined by the | 4 | | Federal Food, Drug, and Cosmetic Act; | 5 | | (7) dispense and order all legend drugs in the regular | 6 | | course of practicing naturopathic medicine. The dispensing | 7 | | of such legend drugs shall be the personal act of the | 8 | | person licensed under this Act and may not be delegated to | 9 | | any other person not licensed under this Act or the | 10 | | Pharmacy Practice Act unless such delegated dispensing | 11 | | functions are under the direct supervision of the | 12 | | physician authorized to dispense legend drugs. Except when | 13 | | dispensing manufacturers' samples or other legend drugs in | 14 | | a maximum 72 hour supply, persons licensed under this Act | 15 | | shall maintain a book or file of prescriptions as required | 16 | | in the Pharmacy Practice Act. Any person licensed under | 17 | | this Act who dispenses any drug or medicine shall dispense | 18 | | such drug or medicine in good faith and shall affix to the | 19 | | box, bottle, vessel or package containing the same a label | 20 | | indicating (i) the date on which such drug or medicine is | 21 | | dispensed; (ii) the name of the patient; (iii) the last | 22 | | name of the person dispensing such drug or medicine; (iv) | 23 | | the directions for use thereof; and (v) the proprietary | 24 | | name or names or, if there are none, the established name | 25 | | or names of the drug or medicine, the dosage and quantity, | 26 | | except as otherwise authorized by regulation of the |
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| 1 | | Department; | 2 | | (8) use routes of administration that include oral, | 3 | | nasal, auricular, and intramuscular rules of | 4 | | administration, consistent with the education and training | 5 | | of a naturopathic doctor; | 6 | | (9) administer intramuscular injections of vaccines; | 7 | | (10) perform naturopathic physical medicine; | 8 | | (11) employ the use of naturopathic therapy; | 9 | | (12) use therapeutic devices, barrier contraception, | 10 | | hormonal and pharmaceutical contraception, and durable | 11 | | medical equipment; or | 12 | | (13) perform minor office procedures that can be | 13 | | performed with topicals or intramuscular injectables. | 14 | | (b) A licensee may practice naturopathic medicine via | 15 | | telehealth services. | 16 | | Section 35. Referral requirement. A licensee shall refer | 17 | | to a physician licensed to practice medicine in all of its | 18 | | branches under the Medical Practice Act of 1987 or an advanced | 19 | | practice registered nurse licensed under the Nurse Practice | 20 | | Act any patient whose medical condition is determined, at the | 21 | | time of evaluation or treatment, to be beyond the scope of | 22 | | practice of the licensee. | 23 | | Section 40. Prohibitions. A licensee shall not: | 24 | | (1) perform surgery outside of the scope of minor |
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| 1 | | office procedures permitted in the employment of | 2 | | naturopathic therapy; | 3 | | (2) use general or spinal anesthetics; | 4 | | (3) administer ionizing radioactive substances for | 5 | | therapeutic purposes; | 6 | | (4) perform a surgical procedure using a laser device; | 7 | | (5) perform a surgical procedure involving any of the | 8 | | following areas of the body that extend beyond superficial | 9 | | tissue: | 10 | | (A) eyes; | 11 | | (B) ears; | 12 | | (C) tendons; | 13 | | (D) nerves; | 14 | | (E) veins; or | 15 | | (F) arteries; | 16 | | (6) perform a surgical abortion; | 17 | | (7) treat any lesion suspected of malignancy or | 18 | | requiring surgical removal; or | 19 | | (8) perform acupuncture. | 20 | | Section 45. Exemptions. Nothing in this Act shall be | 21 | | construed to prohibit or to restrict: | 22 | | (1) the practice of a health care profession by an | 23 | | individual who is licensed, certified, or registered under | 24 | | other laws of this State and who is performing services | 25 | | within the individual's authorized scope of practice; |
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| 1 | | (2) the practice of naturopathic medicine by a student | 2 | | enrolled in an approved naturopathic medical educational | 3 | | program if the practice of naturopathic medicine by a | 4 | | student is performed pursuant to a course of instruction | 5 | | or an assignment from an instructor at an accredited | 6 | | university or college by an instructor duly licensed as a | 7 | | health care provider in the State; | 8 | | (3) any person who sells a vitamin or herb from | 9 | | providing information about the vitamin or herb; | 10 | | (4) the practice of naturopathic medicine by persons | 11 | | who are licensed to practice in any other state or | 12 | | district in the United States and who enter this State to | 13 | | consult with a naturopathic doctor of this State if the | 14 | | consultation is limited to an examination or | 15 | | recommendation; or | 16 | | (5) any person or practitioner who is not licensed as | 17 | | a naturopathic doctor from recommending ayurvedic | 18 | | medicine, herbal remedies, nutritional advice, homeopathy, | 19 | | or other therapy that is within the scope of practice of | 20 | | naturopathic medicine; however, the person or practitioner | 21 | | shall not: | 22 | | (A) use a title protected pursuant to Section 50 | 23 | | of this Act; | 24 | | (B) represent or assume the character or | 25 | | appearance of a licensee; or | 26 | | (C) otherwise use a name, title, or other |
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| 1 | | designation that indicates or implies that the person | 2 | | is a licensee. | 3 | | Section 50. Protected titles. | 4 | | (a) A licensee shall use the title "naturopathic doctor", | 5 | | "naturopath", or "doctor of naturopathy" and the recognized | 6 | | abbreviation "N.D.". | 7 | | (b) A licensee has the exclusive right to use the | 8 | | following terms in reference to the licensee's self: | 9 | | (1) "naturopathic doctor"; | 10 | | (2) "doctor of naturopathic medicine"; | 11 | | (3) "doctor of naturopathy"; | 12 | | (4) "naturopath"; | 13 | | (5) "N.D."; and | 14 | | (6) "ND". | 15 | | (c) An individual represents the individual's self to be a | 16 | | naturopathic doctor or a naturopathic doctor when the | 17 | | individual uses or adopts any of the following terms in | 18 | | reference to the individual's self: | 19 | | (1) "naturopathic doctor"; | 20 | | (2) "doctor of naturopathic medicine"; | 21 | | (3) "doctor of naturopathy"; | 22 | | (4) "naturopath"; | 23 | | (5) "N.D."; or | 24 | | (6) "ND". | 25 | | (d) An individual shall not represent the individual's |
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| 1 | | self to the public as a naturopathic doctor, a doctor of | 2 | | naturopathic medicine, a doctor of naturopathy, or as being | 3 | | otherwise authorized to practice naturopathic medicine in this | 4 | | State, unless the individual is a licensee. | 5 | | Section 55. Naturopathic Medical Board. | 6 | | (a) The Naturopathic Medical Board shall oversee: | 7 | | (1) licensure of naturopathic doctors; and | 8 | | (2) matters relating to training and licensure of | 9 | | naturopathic doctors. | 10 | | (b) Within 180 days after the effective date of this Act, | 11 | | the Governor shall appoint an initial Board consisting of 2 | 12 | | members for terms of 4 years each, 3 members for terms of 3 | 13 | | years each, and 4 members for terms of 2 years each. The | 14 | | initial Board shall consist of the following voting members: | 15 | | (1) five licensed naturopathic doctors who are | 16 | | residents of the State; | 17 | | (2) two practicing physicians licensed to practice | 18 | | medicine in all of its branches; and | 19 | | (3) two public members who are residents of this | 20 | | State, who are not, and never have been, a licensed health | 21 | | care practitioner, and who do not have an interest in | 22 | | naturopathic education, naturopathic medicine, or | 23 | | naturopathic business or practice. | 24 | | Members of the Board may be recommended to the Governor by | 25 | | the Illinois Association of Naturopathic Physicians. |
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| 1 | | (c) As the terms of the initial Board members expire, the | 2 | | Governor shall appoint successors for terms of 4 years each as | 3 | | follows: | 4 | | (1) five naturopathic doctors licensed pursuant to | 5 | | this Act; | 6 | | (2) two practicing physicians licensed to practice | 7 | | medicine in all of its branches with experience working | 8 | | with naturopathic doctors; and | 9 | | (3) two public members that are residents of this | 10 | | State who are not, and never have been, a licensed health | 11 | | care practitioner and who do not have an interest in | 12 | | naturopathic education, naturopathic medicine or | 13 | | naturopathic business or practice. | 14 | | (d) Within 30 days after the Board is established, the | 15 | | Board shall call the first meeting, at which meeting members | 16 | | shall elect a chair. The Board may hold meetings at the call of | 17 | | the chair or at the written request of any 2 members of the | 18 | | Board. | 19 | | (e) Vacancies on the Board shall be filled from a list of | 20 | | not fewer than 3 candidates. | 21 | | (f) A majority of the Board shall constitute a quorum. | 22 | | (g) Members of the Board shall serve without compensation | 23 | | but may, at the discretion of the Board, be reimbursed for | 24 | | their expenses incurred in performing their duties. | 25 | | (h) The Department of Financial and Professional | 26 | | Regulation shall provide administrative and other support to |
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| 1 | | the Board. | 2 | | Section 60. Board duties. The Board shall have the | 3 | | following duties: | 4 | | (1) regulating the licensure of naturopathic doctors | 5 | | and determining the hours of continuing education units | 6 | | required for maintaining licensure as a naturopathic | 7 | | doctor; | 8 | | (2) prescribing the manner in which records of | 9 | | examinations and treatments shall be kept and maintained; | 10 | | (3) establishing standards for professional | 11 | | responsibility and conduct; | 12 | | (4) identifying disciplinary actions and circumstances | 13 | | that require disciplinary action; | 14 | | (5) developing a means to provide information to all | 15 | | licensees in this State; | 16 | | (6) providing for the investigation of complaints | 17 | | against licensees or persons holding themselves out as | 18 | | naturopathic doctors in this State; | 19 | | (7) providing for the publication of information for | 20 | | the public about licensees and the practice of | 21 | | naturopathic medicine in this State; | 22 | | (8) providing for an orderly process for reinstatement | 23 | | of a license; | 24 | | (9) establishing criteria for advertising or | 25 | | promotional materials; |
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| 1 | | (10) establishing continuing education hours and | 2 | | content; | 3 | | (11) establishing procedures and standards for | 4 | | reviewing licensing examination scores; and | 5 | | (12) establishing procedures for reviewing transcripts | 6 | | demonstrating completion of the approved naturopathic | 7 | | medical educational program; | 8 | | (13) establishing and maintaining a list of | 9 | | naturopathic medical education programs that meet the | 10 | | requirements of Section 20; | 11 | | (14) establishing the requirements for issuance and | 12 | | renewal of licenses; and | 13 | | (15) any other matter necessary to implement this Act. | 14 | | Section 65. License expiration, renewal, denial, | 15 | | revocation, and continuing education. | 16 | | (a) A license issued or renewed pursuant to this Act shall | 17 | | expire in a time frame determined by rule by the Department. | 18 | | (b) The Board may renew the license of any licensee who, | 19 | | upon the expiration of the licensee's license: | 20 | | (1) has submitted an application for renewal; | 21 | | (2) has paid the renewal fee established by rules of | 22 | | the Department; | 23 | | (3) meets the qualifications for licensure set forth | 24 | | in this Act and rules of the Department; and | 25 | | (4) meets the continuing education requirements |
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| 1 | | established by the Board. | 2 | | (c) If the Board intends to refuse to issue or renew, | 3 | | revoke, or suspend a license, the Department shall grant the | 4 | | applicant or licensee an opportunity for a hearing. | 5 | | Section 70. Grounds for disciplinary action. | 6 | | (a) The Department may refuse to issue or to renew, or may | 7 | | revoke, suspend, place on probation, reprimand, or take other | 8 | | disciplinary or non-disciplinary action with regard to any | 9 | | license issued under this Act as the Department may deem | 10 | | proper, including the issuance of fines not to exceed $10,000 | 11 | | for each violation, for any one or combination of the | 12 | | following causes: | 13 | | (1) material misstatement in furnishing information to | 14 | | the Department; | 15 | | (2) violations of this Act, or the rules adopted under | 16 | | this Act; | 17 | | (3) conviction by plea of guilty or nolo contendere, | 18 | | finding of guilt, jury verdict, or entry of judgment or | 19 | | sentencing, including, but not limited to, convictions, | 20 | | preceding sentences of supervision, conditional discharge, | 21 | | or first offender probation, under the laws of any | 22 | | jurisdiction of the United States that is: (i) a felony; | 23 | | or (ii) a misdemeanor, an essential element of which is | 24 | | dishonesty, or that is directly related to the practice of | 25 | | the profession; |
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| 1 | | (4) making any misrepresentation for the purpose of | 2 | | obtaining licenses; | 3 | | (5) professional incompetence; | 4 | | (6) aiding or assisting another person in violating | 5 | | any provision of this Act or its rules; | 6 | | (7) failing, within 60 days, to provide information in | 7 | | response to a written request made by the Department; | 8 | | (8) engaging in dishonorable, unethical, or | 9 | | unprofessional conduct, as defined by rule, of a character | 10 | | likely to deceive, defraud, or harm the public. | 11 | | (9) habitual or excessive use or addiction to alcohol, | 12 | | narcotics, stimulants, or any other chemical agent or drug | 13 | | that results in a naturopathic doctor's inability to | 14 | | practice with reasonable judgment, skill, or safety; | 15 | | (10) discipline by another U.S. jurisdiction or | 16 | | foreign nation, if at least one of the grounds for | 17 | | discipline is the same or substantially equivalent to | 18 | | those set forth in this Section; | 19 | | (11) directly or indirectly giving to or receiving | 20 | | from any person, firm, corporation, partnership, or | 21 | | association any fee, commission, rebate or other form of | 22 | | compensation for any professional services not actually or | 23 | | personally rendered. Nothing in this paragraph (11) | 24 | | affects any bona fide independent contractor or employment | 25 | | arrangements, which may include provisions for | 26 | | compensation, health insurance, pension, or other |
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| 1 | | employment benefits, with persons or entities authorized | 2 | | under this Act for the provision of services within the | 3 | | scope of the licensee's practice under this Act; | 4 | | (12) abandonment of a patient; | 5 | | (13) willfully making or filing false records or | 6 | | reports in the individual's practice, including, but not | 7 | | limited to, false records filed with state agencies or | 8 | | departments; | 9 | | (14) physical illness, or mental illness or impairment | 10 | | that results in the inability to practice the profession | 11 | | with reasonable judgment, skill, or safety, including, but | 12 | | not limited to, deterioration through the aging process or | 13 | | loss of motor skill; | 14 | | (15) being named as a perpetrator in an indicated | 15 | | report by the Department of Children and Family Services | 16 | | under the Abused and Neglected Child Reporting Act, and | 17 | | upon proof by clear and convincing evidence that the | 18 | | licensee has caused a child to be an abused child or | 19 | | neglected child as defined in the Abused and Neglected | 20 | | Child Reporting Act; | 21 | | (16) gross negligence resulting in permanent injury or | 22 | | death of a patient; | 23 | | (17) employment of fraud, deception or any unlawful | 24 | | means in applying for or securing a license under this | 25 | | Act; | 26 | | (18) immoral conduct in the commission of any act, |
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| 1 | | such as sexual abuse, sexual misconduct, or sexual | 2 | | exploitation related to the licensee's practice; | 3 | | (19) practicing under a false or assumed name, except | 4 | | as provided by law; | 5 | | (20) making a false or misleading statement regarding | 6 | | the licensee's skill or the efficacy or value of the | 7 | | treatment or remedy prescribed by the licensee in the | 8 | | course of treatment; | 9 | | (21) allowing another person to use the licensee's | 10 | | license to practice; | 11 | | (22) prescribing, selling, administering, | 12 | | distributing, giving, or self-administering a drug | 13 | | classified as a controlled substance; | 14 | | (23) a pattern of practice or other behavior that | 15 | | demonstrates incapacity or incompetence to practice under | 16 | | this Act; | 17 | | (24) violating State or federal laws or regulations | 18 | | relating to controlled substances or other legend drugs or | 19 | | ephedra as defined in the Ephedra Prohibition Act; | 20 | | (25) failure to establish and maintain records of | 21 | | patient care and treatment as required by law; | 22 | | (26) attempting to subvert or cheat on the required | 23 | | examinations; | 24 | | (27) willfully failing to report an instance of | 25 | | suspected abuse, neglect, financial exploitation, or | 26 | | self-neglect of an eligible adult as defined in and |
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| 1 | | required by the Adult Protective Services Act; | 2 | | (28) being named as an abuser in a verified report by | 3 | | the Department on Aging under the Adult Protective | 4 | | Services Act and upon proof by clear and convincing | 5 | | evidence that the licensee abused, neglected, or | 6 | | financially exploited an eligible adult as defined in the | 7 | | Adult Protective Services Act; | 8 | | (29) failure to report to the Department an adverse | 9 | | final action taken against the individual by another | 10 | | licensing jurisdiction of the United States or a foreign | 11 | | state or country, a peer review body, a health care | 12 | | institution, a professional society or association, a | 13 | | governmental agency, a law enforcement agency, or a court | 14 | | acts or conduct similar to acts or conduct that would | 15 | | constitute grounds for action under this Section; and | 16 | | (30) failure to provide copies of records of patient | 17 | | care or treatment, except as required by law. | 18 | | (b) The Department may refuse to issue or may suspend | 19 | | without hearing, as provided for in the Code of Civil | 20 | | Procedure, the license of any person who fails to file a | 21 | | return, or pay the tax, penalty, or interest shown in a filed | 22 | | return, or pay any final assessment of the tax, penalty, or | 23 | | interest as required by any tax Act administered by the | 24 | | Illinois Department of Revenue, until the requirements of any | 25 | | such tax Act are satisfied in accordance with subsection (g) | 26 | | of Section 2105-15 of the Civil Administrative Code of |
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| 1 | | Illinois. | 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 Board to the Department | 10 | | that the licensee be allowed to resume the licensee's | 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 |
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| 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 |
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| 1 | | documents or to provide any testimony regarding the | 2 | | examination and evaluation. | 3 | | The individual to be examined may have, at the | 4 | | individual's own expense, another physician of the | 5 | | individual's choice present during all aspects of this | 6 | | examination. However, that physician shall be present only to | 7 | | observe and may not interfere in any way 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 the individual's license until the individual | 11 | | submits 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 |
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| 1 | | hearing by the Department. | 2 | | In instances in which the Department immediately suspends | 3 | | a 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 the individual can resume practice in | 14 | | compliance with acceptable and prevailing standards under the | 15 | | provisions of the individual's 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 | | Department, by assisting in the investigation or preparation | 20 | | of a report or information, by participating in proceedings of | 21 | | the Department, or by serving as a member of the Department, | 22 | | shall not be subject to criminal prosecution or civil damages | 23 | | as a result of such actions. | 24 | | (f) Members of the Board and the Department shall be | 25 | | indemnified by the State for any actions occurring within the | 26 | | scope of services under the Act, done in good faith and not |
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| 1 | | willful and wanton in nature. The Attorney General shall | 2 | | defend all such actions unless the Attorney General determines | 3 | | either that there would be a conflict of interest in such | 4 | | representation or that the actions complained of were not in | 5 | | good faith or were willful and wanton. | 6 | | If the Attorney General declines representation, the | 7 | | member has the right to employ counsel of the member's 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 Board. Failure to so notify the | 15 | | Attorney General constitutes an absolute waiver of the right | 16 | | to a defense and indemnification. | 17 | | The Attorney General shall determine, within 7 days after | 18 | | receiving such notice, whether the Attorney General will | 19 | | undertake to represent the member. | 20 | | Section 75. Investigation; notice; hearing. The Department | 21 | | may investigate the actions of any applicant or of any person | 22 | | or persons holding or claiming to hold a license. The | 23 | | Department shall, before suspending, revoking, placing on | 24 | | probationary status, or taking any other disciplinary action | 25 | | as the Department may deem proper with regard to any license, |
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| 1 | | at least 30 days prior to the date set for the hearing, notify | 2 | | the licensee in writing of any charges made and the time and | 3 | | place for a hearing of the charges before the Department, | 4 | | direct the licensee to file the licensee's written answer | 5 | | thereto to the Department under oath within 20 days after the | 6 | | service on the licensee of such notice and inform the licensee | 7 | | that if the licensee fails to file such answer, default will be | 8 | | taken against the licensee and the license may be suspended, | 9 | | revoked, placed on probationary status, or have other | 10 | | disciplinary action, including limiting the scope, nature or | 11 | | extent of the licensee's practice, as the Department may deem | 12 | | proper taken with regard thereto. Written or electronic notice | 13 | | may be served by personal delivery, email, or mail to the | 14 | | applicant or licensee at the licensee's address of record or | 15 | | email address of record. At the time and place fixed in the | 16 | | notice, the Department shall proceed to hear the charges and | 17 | | the parties or their counsel shall be accorded ample | 18 | | opportunity to present such statements, testimony, evidence, | 19 | | and argument as may be pertinent to the charges or to the | 20 | | defense thereto. The Department may continue such hearing from | 21 | | time to time. In case the applicant or licensee, after | 22 | | receiving notice, fails to file an answer, the licensee's | 23 | | license may in the discretion of the Secretary, having | 24 | | received first the recommendation of the Department, be | 25 | | suspended, revoked, placed on probationary status, or the | 26 | | Department may take whatever disciplinary action as the |
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| 1 | | Department may deem proper, including limiting the scope, | 2 | | nature, or extent of such person's practice, without a | 3 | | hearing, if the act or acts charged constitute sufficient | 4 | | grounds for such action under this Act. | 5 | | Section 80. Record of proceedings. The Department, at its | 6 | | expense, shall preserve a record of all proceedings at the | 7 | | formal hearing of any case involving the refusal to issue or | 8 | | renew a license or discipline a licensee. The notice of | 9 | | hearing, complaint, and all other documents in the nature of | 10 | | pleadings and written motions filed in the proceedings, the | 11 | | transcript of testimony, the report of the Department, and | 12 | | orders of the Department shall be the record of such | 13 | | proceeding. | 14 | | Section 85. Confidentiality. All information collected by | 15 | | the Department in the course of an examination or | 16 | | investigation of a licensee or applicant, including, but not | 17 | | limited to, any complaint against a licensee filed with the | 18 | | Department and information collected to investigate any such | 19 | | complaint, shall be maintained for the confidential use of the | 20 | | Department and shall not be disclosed. The Department shall | 21 | | not disclose the information to anyone other than law | 22 | | enforcement officials, regulatory agencies that have an | 23 | | appropriate regulatory interest as determined by the | 24 | | Department, or a party presenting a lawful subpoena to the |
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| 1 | | Department. Information and documents disclosed to a federal, | 2 | | State, county, or local law enforcement agency shall not be | 3 | | disclosed by the agency for any purpose to any other agency or | 4 | | person. A formal complaint filed against a licensee by the | 5 | | Department or any order issued by the Department against a | 6 | | licensee or applicant shall be a public record, except as | 7 | | otherwise prohibited by law. | 8 | | Section 90. Illinois Administrative Procedure Act. The | 9 | | Illinois Administrative Procedure Act is expressly adopted and | 10 | | incorporated herein as if all of the provisions of that Act | 11 | | were included in this Act, except that the provision of | 12 | | paragraph (d) of Section 10-65 of the Illinois Administrative | 13 | | Procedure Act, which provides that at hearings the licensee or | 14 | | person holding a license has the right to show compliance with | 15 | | all lawful requirements for retention or continuation of the | 16 | | license, is specifically excluded. For the purpose of this | 17 | | Act, the notice required under Section 10-25 of the Illinois | 18 | | Administrative Procedure Act is deemed sufficient when | 19 | | personally served, mailed to the address of record of the | 20 | | applicant or licensee, or emailed to the email address of | 21 | | record of the applicant or licensee. | 22 | | Section 95. The Medical Practice Act of 1987 is amended by | 23 | | changing Section 54.5 as follows: |
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| 1 | | (225 ILCS 60/54.5) | 2 | | (Section scheduled to be repealed on January 1, 2027) | 3 | | Sec. 54.5. Physician delegation of authority to physician | 4 | | assistants, advanced practice registered nurses without full | 5 | | practice authority, and prescribing psychologists , and | 6 | | naturopathic doctors . | 7 | | (a) Physicians licensed to practice medicine in all its | 8 | | branches may delegate care and treatment responsibilities to a | 9 | | physician assistant under guidelines in accordance with the | 10 | | requirements of the Physician Assistant Practice Act of 1987. | 11 | | A physician licensed to practice medicine in all its branches | 12 | | may enter into collaborative agreements with no more than 7 | 13 | | full-time equivalent physician assistants, except in a | 14 | | hospital, hospital affiliate, or ambulatory surgical treatment | 15 | | center as set forth by Section 7.7 of the Physician Assistant | 16 | | Practice Act of 1987 and as provided in subsection (a-5). | 17 | | (a-5) A physician licensed to practice medicine in all its | 18 | | branches may collaborate with more than 7 physician assistants | 19 | | when the services are provided in a federal primary care | 20 | | health professional shortage area with a Health Professional | 21 | | Shortage Area score greater than or equal to 12, as determined | 22 | | by the United States Department of Health and Human Services. | 23 | | The collaborating physician must keep appropriate | 24 | | documentation of meeting this exemption and make it available | 25 | | to the Department upon request. | 26 | | (b) A physician licensed to practice medicine in all its |
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| 1 | | branches in active clinical practice may collaborate with an | 2 | | advanced practice registered nurse in accordance with the | 3 | | requirements of the Nurse Practice Act. Collaboration is for | 4 | | the purpose of providing medical consultation, and no | 5 | | employment relationship is required. A written collaborative | 6 | | agreement shall conform to the requirements of Section 65-35 | 7 | | of the Nurse Practice Act. The written collaborative agreement | 8 | | shall be for services for which the collaborating physician | 9 | | can provide adequate collaboration. A written collaborative | 10 | | agreement shall be adequate with respect to collaboration with | 11 | | advanced practice registered nurses if all of the following | 12 | | apply: | 13 | | (1) The agreement is written to promote the exercise | 14 | | of professional judgment by the advanced practice | 15 | | registered nurse commensurate with his or her education | 16 | | and experience. | 17 | | (2) The advanced practice registered nurse provides | 18 | | services based upon a written collaborative agreement with | 19 | | the collaborating physician, except as set forth in | 20 | | subsection (b-5) of this Section. With respect to labor | 21 | | and delivery, the collaborating physician must provide | 22 | | delivery services in order to participate with a certified | 23 | | nurse midwife. | 24 | | (3) Methods of communication are available with the | 25 | | collaborating physician in person or through | 26 | | telecommunications for consultation, collaboration, and |
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| 1 | | referral as needed to address patient care needs. | 2 | | (b-5) An anesthesiologist or physician licensed to | 3 | | practice medicine in all its branches may collaborate with a | 4 | | certified registered nurse anesthetist in accordance with | 5 | | Section 65-35 of the Nurse Practice Act for the provision of | 6 | | anesthesia services. With respect to the provision of | 7 | | anesthesia services, the collaborating anesthesiologist or | 8 | | physician shall have training and experience in the delivery | 9 | | of anesthesia services consistent with Department rules. | 10 | | Collaboration shall be adequate if: | 11 | | (1) an anesthesiologist or a physician participates in | 12 | | the joint formulation and joint approval of orders or | 13 | | guidelines and periodically reviews such orders and the | 14 | | services provided patients under such orders; and | 15 | | (2) for anesthesia services, the anesthesiologist or | 16 | | physician participates through discussion of and agreement | 17 | | with the anesthesia plan and is physically present and | 18 | | available on the premises during the delivery of | 19 | | anesthesia services for diagnosis, consultation, and | 20 | | treatment of emergency medical conditions. Anesthesia | 21 | | services in a hospital shall be conducted in accordance | 22 | | with Section 10.7 of the Hospital Licensing Act and in an | 23 | | ambulatory surgical treatment center in accordance with | 24 | | Section 6.5 of the Ambulatory Surgical Treatment Center | 25 | | Act. | 26 | | (b-10) The anesthesiologist or operating physician must |
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| 1 | | agree with the anesthesia plan prior to the delivery of | 2 | | services. | 3 | | (c) A physician licensed to practice medicine in all its | 4 | | branches in active clinical practice may collaborate with a | 5 | | naturopathic doctor in accordance with the requirements of the | 6 | | Naturopathic Medical Practice Act. Collaboration is for the | 7 | | purpose of providing medical consultation, and no employment | 8 | | relationship is required. A written collaborative agreement | 9 | | shall conform to the requirements of Section 27 of the | 10 | | Naturopathic Medical Practice Act. The written collaborative | 11 | | agreement shall be for services for which the collaborating | 12 | | physician can provide adequate collaboration. A written | 13 | | collaborative agreement shall be adequate with respect to | 14 | | collaboration with naturopathic doctors if all of the | 15 | | following apply: | 16 | | (1) The agreement is written to promote the exercise | 17 | | of professional judgment by the naturopathic doctor | 18 | | commensurate with his or her education and experience. | 19 | | (2) The naturopathic doctor provides services based | 20 | | upon a written collaborative agreement with the | 21 | | collaborating physician. | 22 | | (3) Methods of communication with the collaborating | 23 | | physician in person or through telecommunications for | 24 | | consultation, collaboration, and referral as needed to | 25 | | address patient care needs are available. | 26 | | (d) (c) The collaborating physician shall have access to |
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| 1 | | the medical records of all patients attended by a physician | 2 | | assistant. The collaborating physician shall have access to | 3 | | the medical records of all patients attended to by an advanced | 4 | | practice registered nurse. | 5 | | (d) (Blank). | 6 | | (e) A physician shall not be liable for the acts or | 7 | | omissions of a prescribing psychologist, physician assistant, | 8 | | or advanced practice registered nurse or naturopathic doctor | 9 | | solely on the basis of having signed a supervision agreement | 10 | | or guidelines or a collaborative agreement, an order, a | 11 | | standing medical order, a standing delegation order, or other | 12 | | order or guideline authorizing a prescribing psychologist, | 13 | | physician assistant, or advanced practice registered nurse or | 14 | | naturopathic doctor to perform acts, unless the physician has | 15 | | reason to believe the prescribing psychologist, physician | 16 | | assistant, or advanced practice registered nurse or | 17 | | naturopathic doctor lacked the competency to perform the act | 18 | | or acts or commits willful and wanton misconduct. | 19 | | (f) A collaborating physician may, but is not required to, | 20 | | delegate prescriptive authority to an advanced practice | 21 | | registered nurse as part of a written collaborative agreement, | 22 | | and the delegation of prescriptive authority shall conform to | 23 | | the requirements of Section 65-40 of the Nurse Practice Act. | 24 | | (g) A collaborating physician may, but is not required to, | 25 | | delegate prescriptive authority to a physician assistant as | 26 | | part of a written collaborative agreement, and the delegation |
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| 1 | | of prescriptive authority shall conform to the requirements of | 2 | | Section 7.5 of the Physician Assistant Practice Act of 1987. | 3 | | (h) (Blank). | 4 | | (i) A collaborating physician shall delegate prescriptive | 5 | | authority to a prescribing psychologist as part of a written | 6 | | collaborative agreement, and the delegation of prescriptive | 7 | | authority shall conform to the requirements of Section 4.3 of | 8 | | the Clinical Psychologist Licensing Act. | 9 | | (j) As set forth in Section 22.2 of this Act, a licensee | 10 | | under this Act may not directly or indirectly divide, share, | 11 | | or split any professional fee or other form of compensation | 12 | | for professional services with anyone in exchange for a | 13 | | referral or otherwise, other than as provided in Section 22.2. | 14 | | (Source: P.A. 103-228, eff. 1-1-24 .) | 15 | | Section 999. Effective date. This Act takes effect upon | 16 | | becoming law.". |
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