HB4357enr 103RD GENERAL ASSEMBLY

 


 
HB4357 EnrolledLRB103 35918 SPS 66005 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Medical Practice Act of 1987 is amended by
5changing Section 54.2 as follows:
 
6    (225 ILCS 60/54.2)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 54.2. Physician delegation of authority.
9    (a) Nothing in this Act shall be construed to limit the
10delegation of patient care tasks or duties by a physician, to a
11licensed practical nurse, a registered professional nurse, or
12other licensed person practicing within the scope of his or
13her individual licensing Act. Delegation by a physician
14licensed to practice medicine in all its branches to physician
15assistants or advanced practice registered nurses is also
16addressed in Section 54.5 of this Act. No physician may
17delegate any patient care task or duty that is statutorily or
18by rule mandated to be performed by a physician.
19    (b) In an office or practice setting and within a
20physician-patient relationship, a physician may delegate
21patient care tasks or duties to an unlicensed person who
22possesses appropriate training and experience provided a
23health care professional, who is practicing within the scope

 

 

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1of such licensed professional's individual licensing Act, is
2on site to provide assistance.
3    (c) Any such patient care task or duty delegated to a
4licensed or unlicensed person must be within the scope of
5practice, education, training, or experience of the delegating
6physician and within the context of a physician-patient
7relationship.
8    (d) Nothing in this Section shall be construed to affect
9referrals for professional services required by law.
10    (e) The Department shall have the authority to adopt
11promulgate rules concerning a physician's delegation,
12including, but not limited to, the use of light emitting
13devices for patient care or treatment. An on-site physician
14examination prior to the performance of a non-ablative laser
15procedure shall not be required when:
16        (1) the laser hair removal facility follows a
17    physician delegation protocol, which shall be made
18    available to the Department upon request;
19        (2) the examination is performed by an advanced
20    practice registered nurse;
21        (3) the procedure is delegated by a physician and
22    performed by a registered nurse or licensed practical
23    nurse who has received appropriate, documented training
24    and education in the safe and effective use of each
25    system; and
26        (4) a physician is available by telephone or other

 

 

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1    electronic means to respond promptly to any questions or
2    complications that may occur.
3    Nothing in this Section shall be construed to limit a
4licensed advanced practice registered nurse with full practice
5authority from practicing according to the Nurse Practice Act.
6    (f) Nothing in this Act shall be construed to limit the
7method of delegation that may be authorized by any means,
8including, but not limited to, oral, written, electronic,
9standing orders, protocols, guidelines, or verbal orders.
10    (g) A physician licensed to practice medicine in all of
11its branches under this Act may delegate any and all authority
12prescribed to him or her by law to international medical
13graduate physicians, so long as the tasks or duties are within
14the scope of practice, education, training, or experience of
15the delegating physician who is on site to provide assistance.
16An international medical graduate working in Illinois pursuant
17to this subsection is subject to all statutory and regulatory
18requirements of this Act, as applicable, relating to the
19standards of care. An international medical graduate physician
20is limited to providing treatment under the supervision of a
21physician licensed to practice medicine in all of its
22branches. The supervising physician or employer must keep
23record of and make available upon request by the Department
24the following: (1) evidence of education certified by the
25Educational Commission for Foreign Medical Graduates; (2)
26evidence of passage of Step 1, Step 2 Clinical Knowledge, and

 

 

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1Step 3 of the United States Medical Licensing Examination as
2required by this Act; and (3) evidence of an unencumbered
3license from another country. This subsection does not apply
4to any international medical graduate whose license as a
5physician is revoked, suspended, or otherwise encumbered. This
6subsection is inoperative upon the adoption of rules
7implementing Section 15.5.
8(Source: P.A. 103-1, eff. 4-27-23; 103-102, eff. 6-16-23.)