HB4357sam001 103RD GENERAL ASSEMBLY

Sen. Karina Villa

Filed: 5/14/2024

10300HB4357sam001 LRB103 35918 RTM 73383 a

AMENDMENT TO HOUSE BILL 4357

AMENDMENT NO. ______. Amend House Bill 4357 by replacing everything after the enacting clause with the following:

"Section 5. The Medical Practice Act of 1987 is amended by changing Section 54.2 as follows:

(225 ILCS 60/54.2)

(Section scheduled to be repealed on January 1, 2027)

Sec. 54.2. Physician delegation of authority.

(a) Nothing in this Act shall be construed to limit the delegation of patient care tasks or duties by a physician, to a licensed practical nurse, a registered professional nurse, or other licensed person practicing within the scope of his or her individual licensing Act. Delegation by a physician licensed to practice medicine in all its branches to physician assistants or advanced practice registered nurses is also addressed in Section 54.5 of this Act. No physician may delegate any patient care task or duty that is statutorily or by rule mandated to be performed by a physician.

(b) In an office or practice setting and within a physician-patient relationship, a physician may delegate patient care tasks or duties to an unlicensed person who possesses appropriate training and experience provided a health care professional, who is practicing within the scope of such licensed professional's individual licensing Act, is on site to provide assistance.

(c) Any such patient care task or duty delegated to a licensed or unlicensed person must be within the scope of practice, education, training, or experience of the delegating physician and within the context of a physician-patient relationship.

(d) Nothing in this Section shall be construed to affect referrals for professional services required by law.

(e) The Department shall have the authority to adopt promulgate rules concerning a physician's delegation, including, but not limited to, the use of light emitting devices for patient care or treatment. An on-site physician examination prior to the performance of a non-ablative laser procedure shall not be required when:

(1) the laser hair removal facility follows a physician delegation protocol, which shall be made available to the Department upon request;

(2) the examination is performed by an advanced practice registered nurse;

(3) the procedure is delegated by a physician and performed by a registered nurse or licensed practical nurse who has received appropriate, documented training and education in the safe and effective use of each system; and

(4) a physician is available by telephone or other electronic means to respond promptly to any questions or complications that may occur.

Nothing in this Section shall be construed to limit a licensed advanced practice registered nurse with full practice authority from practicing according to the Nurse Practice Act.

(f) Nothing in this Act shall be construed to limit the method of delegation that may be authorized by any means, including, but not limited to, oral, written, electronic, standing orders, protocols, guidelines, or verbal orders.

(g) A physician licensed to practice medicine in all of its branches under this Act may delegate any and all authority prescribed to him or her by law to international medical graduate physicians, so long as the tasks or duties are within the scope of practice, education, training, or experience of the delegating physician who is on site to provide assistance. An international medical graduate working in Illinois pursuant to this subsection is subject to all statutory and regulatory requirements of this Act, as applicable, relating to the standards of care. An international medical graduate physician is limited to providing treatment under the supervision of a physician licensed to practice medicine in all of its branches. The supervising physician or employer must keep record of and make available upon request by the Department the following: (1) evidence of education certified by the Educational Commission for Foreign Medical Graduates; (2) evidence of passage of Step 1, Step 2 Clinical Knowledge, and Step 3 of the United States Medical Licensing Examination as required by this Act; and (3) evidence of an unencumbered license from another country. This subsection does not apply to any international medical graduate whose license as a physician is revoked, suspended, or otherwise encumbered. This subsection is inoperative upon the adoption of rules implementing Section 15.5.

(Source: P.A. 103-1, eff. 4-27-23; 103-102, eff. 6-16-23.)".