Full Text of HB4357 103rd General Assembly
HB4357ham001 103RD GENERAL ASSEMBLY | Rep. Margaret Croke Filed: 4/15/2024 | | 10300HB4357ham001 | | LRB103 35918 RTM 71866 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4357
| 2 | | AMENDMENT NO. ______. Amend House Bill 4357 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Medical Practice Act of 1987 is amended by | 5 | | changing Section 54.2 as follows: | 6 | | (225 ILCS 60/54.2) | 7 | | (Section scheduled to be repealed on January 1, 2027) | 8 | | Sec. 54.2.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 | 10 | | delegation of patient care tasks or duties by a physician, to a | 11 | | licensed practical nurse, a registered professional nurse, or | 12 | | other licensed person practicing within the scope of his or | 13 | | her individual licensing Act. Delegation by a physician | 14 | | licensed to practice medicine in all its branches to physician | 15 | | assistants or advanced practice registered nurses is also | 16 | | addressed in Section 54.5 of this Act. No physician may |
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| 1 | | delegate any patient care task or duty that is statutorily or | 2 | | by rule mandated to be performed by a physician. | 3 | | (b) In an office or practice setting and within a | 4 | | physician-patient relationship, a physician may delegate | 5 | | patient care tasks or duties to an unlicensed person who | 6 | | possesses appropriate training and experience provided a | 7 | | health care professional, who is practicing within the scope | 8 | | of such licensed professional's individual licensing Act, is | 9 | | on site to provide assistance. | 10 | | (c) Any such patient care task or duty delegated to a | 11 | | licensed or unlicensed person must be within the scope of | 12 | | practice, education, training, or experience of the delegating | 13 | | physician and within the context of a physician-patient | 14 | | relationship. | 15 | | (d) Nothing in this Section shall be construed to affect | 16 | | referrals for professional services required by law. | 17 | | (e) The Department shall have the authority to adopt | 18 | | promulgate rules concerning a physician's delegation, | 19 | | including but not limited to, the use of light emitting | 20 | | devices for patient care or treatment. An on-site physician | 21 | | examination prior to the performance of a non-ablative laser | 22 | | procedure shall not be required when: | 23 | | (1) the laser hair removal facility follows a | 24 | | physician supervision protocol, made available to the | 25 | | Department upon request; | 26 | | (2) the procedure is performed by a registered nurse |
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| 1 | | or licensed practical nurse; | 2 | | (3) an advanced practice registered nurse or a | 3 | | physician assistant examines the patient and determines a | 4 | | course of treatment appropriate to the patient prior to a | 5 | | non-ablative laser procedure being performed; and | 6 | | (4) an advanced practice registered nurse, physician | 7 | | assistant, or physician is available for on-site | 8 | | supervision or by telephone or other electronic means to | 9 | | respond promptly to any questions or complications that | 10 | | may occur. | 11 | | (f) Nothing in this Act shall be construed to limit the | 12 | | method of delegation that may be authorized by any means, | 13 | | including, but not limited to, oral, written, electronic, | 14 | | standing orders, protocols, guidelines, or verbal orders. | 15 | | (g) A physician licensed to practice medicine in all of | 16 | | its branches under this Act may delegate any and all authority | 17 | | prescribed to him or her by law to international medical | 18 | | graduate physicians, so long as the tasks or duties are within | 19 | | the scope of practice, education, training, or experience of | 20 | | the delegating physician who is on site to provide assistance. | 21 | | An international medical graduate working in Illinois pursuant | 22 | | to this subsection is subject to all statutory and regulatory | 23 | | requirements of this Act, as applicable, relating to the | 24 | | standards of care. An international medical graduate physician | 25 | | is limited to providing treatment under the supervision of a | 26 | | physician licensed to practice medicine in all of its |
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| 1 | | branches. The supervising physician or employer must keep | 2 | | record of and make available upon request by the Department | 3 | | the following: (1) evidence of education certified by the | 4 | | Educational Commission for Foreign Medical Graduates; (2) | 5 | | evidence of passage of Step 1, Step 2 Clinical Knowledge, and | 6 | | Step 3 of the United States Medical Licensing Examination as | 7 | | required by this Act; and (3) evidence of an unencumbered | 8 | | license from another country. This subsection does not apply | 9 | | to any international medical graduate whose license as a | 10 | | physician is revoked, suspended, or otherwise encumbered. This | 11 | | subsection is inoperative upon the adoption of rules | 12 | | implementing Section 15.5. | 13 | | (Source: P.A. 103-1, eff. 4-27-23; 103-102, eff. 6-16-23.)". |
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