Illinois General Assembly - Full Text of HB4357
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Full Text of HB4357  103rd General Assembly


Rep. Margaret Croke

Filed: 4/15/2024





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2    AMENDMENT NO. ______. Amend House Bill 4357 by replacing
3everything after the enacting clause with the following:
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7    (Section scheduled to be repealed on January 1, 2027)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



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1delegate any patient care task or duty that is statutorily or
2by rule mandated to be performed by a physician.
3    (b) In an office or practice setting and within a
4physician-patient relationship, a physician may delegate
5patient care tasks or duties to an unlicensed person who
6possesses appropriate training and experience provided a
7health care professional, who is practicing within the scope
8of such licensed professional's individual licensing Act, is
9on site to provide assistance.
10    (c) Any such patient care task or duty delegated to a
11licensed or unlicensed person must be within the scope of
12practice, education, training, or experience of the delegating
13physician and within the context of a physician-patient
15    (d) Nothing in this Section shall be construed to affect
16referrals for professional services required by law.
17    (e) The Department shall have the authority to adopt
18promulgate rules concerning a physician's delegation,
19including but not limited to, the use of light emitting
20devices for patient care or treatment. An on-site physician
21examination prior to the performance of a non-ablative laser
22procedure 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
12method of delegation that may be authorized by any means,
13including, but not limited to, oral, written, electronic,
14standing orders, protocols, guidelines, or verbal orders.
15    (g) A physician licensed to practice medicine in all of
16its branches under this Act may delegate any and all authority
17prescribed to him or her by law to international medical
18graduate physicians, so long as the tasks or duties are within
19the scope of practice, education, training, or experience of
20the delegating physician who is on site to provide assistance.
21An international medical graduate working in Illinois pursuant
22to this subsection is subject to all statutory and regulatory
23requirements of this Act, as applicable, relating to the
24standards of care. An international medical graduate physician
25is limited to providing treatment under the supervision of a
26physician licensed to practice medicine in all of its



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1branches. The supervising physician or employer must keep
2record of and make available upon request by the Department
3the following: (1) evidence of education certified by the
4Educational Commission for Foreign Medical Graduates; (2)
5evidence of passage of Step 1, Step 2 Clinical Knowledge, and
6Step 3 of the United States Medical Licensing Examination as
7required by this Act; and (3) evidence of an unencumbered
8license from another country. This subsection does not apply
9to any international medical graduate whose license as a
10physician is revoked, suspended, or otherwise encumbered. This
11subsection is inoperative upon the adoption of rules
12implementing Section 15.5.
13(Source: P.A. 103-1, eff. 4-27-23; 103-102, eff. 6-16-23.)".