Illinois General Assembly - Full Text of HB4357
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4357  103rd General Assembly


Sen. Karina Villa

Filed: 5/14/2024





10300HB4357sam001LRB103 35918 RTM 73383 a


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7    (Section scheduled to be repealed on January 1, 2027)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



10300HB4357sam001- 2 -LRB103 35918 RTM 73383 a

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 delegation protocol, which shall be made
25    available to the Department upon request;
26        (2) the examination is performed by an advanced



10300HB4357sam001- 3 -LRB103 35918 RTM 73383 a

1    practice registered nurse;
2        (3) the procedure is delegated by a physician and
3    performed by a registered nurse or licensed practical
4    nurse who has received appropriate, documented training
5    and education in the safe and effective use of each
6    system; and
7        (4) a physician is available by telephone or other
8    electronic means to respond promptly to any questions or
9    complications that may occur.
10    Nothing in this Section shall be construed to limit a
11licensed advanced practice registered nurse with full practice
12authority from practicing according to the Nurse Practice Act.
13    (f) Nothing in this Act shall be construed to limit the
14method of delegation that may be authorized by any means,
15including, but not limited to, oral, written, electronic,
16standing orders, protocols, guidelines, or verbal orders.
17    (g) A physician licensed to practice medicine in all of
18its branches under this Act may delegate any and all authority
19prescribed to him or her by law to international medical
20graduate physicians, so long as the tasks or duties are within
21the scope of practice, education, training, or experience of
22the delegating physician who is on site to provide assistance.
23An international medical graduate working in Illinois pursuant
24to this subsection is subject to all statutory and regulatory
25requirements of this Act, as applicable, relating to the
26standards of care. An international medical graduate physician



10300HB4357sam001- 4 -LRB103 35918 RTM 73383 a

1is limited to providing treatment under the supervision of a
2physician licensed to practice medicine in all of its
3branches. The supervising physician or employer must keep
4record of and make available upon request by the Department
5the following: (1) evidence of education certified by the
6Educational Commission for Foreign Medical Graduates; (2)
7evidence of passage of Step 1, Step 2 Clinical Knowledge, and
8Step 3 of the United States Medical Licensing Examination as
9required by this Act; and (3) evidence of an unencumbered
10license from another country. This subsection does not apply
11to any international medical graduate whose license as a
12physician is revoked, suspended, or otherwise encumbered. This
13subsection is inoperative upon the adoption of rules
14implementing Section 15.5.
15(Source: P.A. 103-1, eff. 4-27-23; 103-102, eff. 6-16-23.)".