Full Text of HB3734 96th General Assembly
HB3734 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3734
Introduced 2/25/2009, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
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225 ILCS 60/54.5 |
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225 ILCS 110/3 |
from Ch. 111, par. 7903 |
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Amends the Medical Practice Act of 1987 to allow a physician licensed to practice medicine in all its branches to delegate the use of a rigid and flexible endoscope to a speech-language pathologist that is licensed under the Illinois Speech-Language Pathology and Audiology Practice Act. Amends the Illinois Speech-Language Pathology and Audiology Practice Act to include the use of rigid and flexible endoscopes within the definition of "the practice of speech-language pathology". Effective immediately.
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A BILL FOR
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HB3734 |
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LRB096 03126 ASK 13142 b |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Medical Practice Act of 1987 is amended by | 5 |
| changing Section 54.5 as follows:
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| (225 ILCS 60/54.5)
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| (Section scheduled to be repealed on December 31, 2010)
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| Sec. 54.5. Physician delegation of authority.
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| (a) Physicians licensed to practice medicine in all its
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| branches may delegate care and treatment responsibilities to a
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| physician assistant under guidelines in accordance with the
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| requirements of the Physician Assistant Practice Act of
1987. A | 13 |
| physician licensed to practice medicine in all its
branches may | 14 |
| enter into supervising physician agreements with
no more than 2 | 15 |
| physician assistants.
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| (b) A physician licensed to practice medicine in all its
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| branches in active clinical practice may collaborate with an | 18 |
| advanced practice
nurse in accordance with the requirements of | 19 |
| the Nurse Practice Act. Collaboration
is for the purpose of | 20 |
| providing medical consultation,
and no employment relationship | 21 |
| is required. A
written collaborative agreement shall
conform to | 22 |
| the requirements of Section 65-35 of the Nurse Practice Act. | 23 |
| The written collaborative agreement shall
be for
services the |
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| collaborating physician generally provides to
his or her | 2 |
| patients in the normal course of clinical medical practice.
A | 3 |
| written collaborative agreement shall be adequate with respect | 4 |
| to collaboration
with advanced practice nurses if all of the | 5 |
| following apply:
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| (1) The agreement is written to promote the exercise of | 7 |
| professional judgment by the advanced practice nurse | 8 |
| commensurate with his or her education and experience. The | 9 |
| agreement need not describe the exact steps that an | 10 |
| advanced practice nurse must take with respect to each | 11 |
| specific condition, disease, or symptom, but must specify | 12 |
| those procedures that require a physician's presence as the | 13 |
| procedures are being performed.
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| (2) Practice guidelines and orders are developed and | 15 |
| approved jointly by the advanced practice nurse and | 16 |
| collaborating physician, as needed, based on the practice | 17 |
| of the practitioners. Such guidelines and orders and the | 18 |
| patient services provided thereunder are periodically | 19 |
| reviewed by the collaborating physician.
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| (3) The advance practice nurse provides services the | 21 |
| collaborating physician generally provides to his or her | 22 |
| patients in the normal course of clinical practice, except | 23 |
| as set forth in subsection (b-5) of this Section. With | 24 |
| respect to labor and delivery, the collaborating physician | 25 |
| must provide delivery services in order to participate with | 26 |
| a certified nurse midwife. |
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| (4) The collaborating physician and advanced practice | 2 |
| nurse meet in person at least once a month to provide | 3 |
| collaboration and consultation. | 4 |
| (5) Methods of communication are available with the | 5 |
| collaborating physician in person or through | 6 |
| telecommunications for consultation, collaboration, and | 7 |
| referral as needed to address patient care needs. | 8 |
| (6) The agreement contains provisions detailing notice | 9 |
| for termination or change of status involving a written | 10 |
| collaborative agreement, except when such notice is given | 11 |
| for just cause.
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| (b-5) An anesthesiologist or physician licensed to | 13 |
| practice medicine in
all its branches may collaborate with a | 14 |
| certified registered nurse anesthetist
in accordance with | 15 |
| Section 65-35 of the Nurse Practice Act for the provision of | 16 |
| anesthesia services. With respect to the provision of | 17 |
| anesthesia services, the collaborating anesthesiologist or | 18 |
| physician shall have training and experience in the delivery of | 19 |
| anesthesia services consistent with Department rules. | 20 |
| Collaboration shall be
adequate if:
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| (1) an anesthesiologist or a physician
participates in | 22 |
| the joint formulation and joint approval of orders or
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| guidelines and periodically reviews such orders and the | 24 |
| services provided
patients under such orders; and
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| (2) for anesthesia services, the anesthesiologist
or | 26 |
| physician participates through discussion of and agreement |
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| with the
anesthesia plan and is physically present and | 2 |
| available on the premises during
the delivery of anesthesia | 3 |
| services for
diagnosis, consultation, and treatment of | 4 |
| emergency medical conditions.
Anesthesia services in a | 5 |
| hospital shall be conducted in accordance with
Section 10.7 | 6 |
| of the Hospital Licensing Act and in an ambulatory surgical
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| treatment center in accordance with Section 6.5 of the | 8 |
| Ambulatory Surgical
Treatment Center Act.
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| (b-10) The anesthesiologist or operating physician must | 10 |
| agree with the
anesthesia plan prior to the delivery of | 11 |
| services.
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| (c) The supervising physician shall have access to the
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| medical records of all patients attended by a physician
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| assistant. The collaborating physician shall have access to
the | 15 |
| medical records of all patients attended to by an
advanced | 16 |
| practice nurse.
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| (d) Nothing in this Act
shall be construed to limit the | 18 |
| delegation of
tasks or duties by a physician licensed to | 19 |
| practice medicine
in all its branches to a licensed practical | 20 |
| nurse, a registered professional
nurse, or other persons.
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| (e) A physician shall not be liable for the acts or
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| omissions of a physician assistant or advanced practice
nurse | 23 |
| solely on the basis of having signed a
supervision agreement or | 24 |
| guidelines or a collaborative
agreement, an order, a standing | 25 |
| medical order, a
standing delegation order, or other order or | 26 |
| guideline
authorizing a physician assistant or advanced |
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| practice
nurse to perform acts, unless the physician has
reason | 2 |
| to believe the physician assistant or advanced
practice nurse | 3 |
| lacked the competency to perform
the act or acts or commits | 4 |
| willful and wanton misconduct.
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| (f) Physicians licensed to practice medicine in all its | 6 |
| branches may delegate the use of rigid and flexible endoscopes | 7 |
| to a speech-language pathologist licensed under the Illinois | 8 |
| Speech-Language Pathology and Audiology Practice Act. | 9 |
| (Source: P.A. 95-639, eff. 10-5-07 .)
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| Section 10. The Illinois Speech-Language Pathology and
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| Audiology Practice Act is amended by changing Section 3 as | 12 |
| follows:
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| (225 ILCS 110/3) (from Ch. 111, par. 7903)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 3. Definitions. The following words and phrases shall | 16 |
| have the
meaning ascribed to them in this Section unless the | 17 |
| context clearly indicates
otherwise:
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| (a) "Department" means the Department of Financial and
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| Professional
Regulation.
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| (b) "Secretary" means the Secretary of Financial and | 21 |
| Professional Regulation.
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| (c) "Board" means the Board of Speech-Language Pathology | 23 |
| and Audiology
established under Section 5 of this Act.
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| (d) "Speech-Language Pathologist" means a person who has |
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| received a
license pursuant to this Act and who engages in the | 2 |
| practice
of speech-language pathology.
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| (e) "Audiologist" means a person who has received a license | 4 |
| pursuant to this
Act and who engages in the practice of | 5 |
| audiology.
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| (f) "Public member" means a person who is not a health | 7 |
| professional.
For purposes of board membership, any person with | 8 |
| a significant financial
interest in a health service or | 9 |
| profession is not a public member.
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| (g) "The practice of audiology" is the application of | 11 |
| nonmedical methods
and procedures for the identification, | 12 |
| measurement, testing,
appraisal, prediction, habilitation, | 13 |
| rehabilitation, or instruction
related to hearing
and | 14 |
| disorders of hearing. These procedures are for the
purpose of | 15 |
| counseling, consulting and rendering or offering to render
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| services or for participating in the planning, directing or | 17 |
| conducting of
programs that are designed to modify | 18 |
| communicative disorders
involving
speech, language or auditory | 19 |
| function related to hearing loss.
The practice of audiology may | 20 |
| include, but shall not be limited to, the
following:
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| (1) any task, procedure, act, or practice that is | 22 |
| necessary for the
evaluation of hearing or
vestibular | 23 |
| function;
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| (2) training in the use of amplification devices;
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| (3) the fitting, dispensing, or servicing of hearing | 26 |
| instruments; and
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| (4) performing basic speech and language screening | 2 |
| tests and procedures
consistent with audiology training.
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| (h) "The practice of speech-language pathology" is the | 4 |
| application of
nonmedical methods and procedures for the | 5 |
| identification,
measurement, testing, appraisal, prediction, | 6 |
| habilitation, rehabilitation,
and modification related to | 7 |
| communication development, and disorders or
disabilities of | 8 |
| speech, language, voice, swallowing, and other speech,
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| language and voice related disorders. These procedures are for | 10 |
| the
purpose of counseling, consulting and rendering or offering | 11 |
| to render
services, or for participating in the planning, | 12 |
| directing or conducting of
programs that are designed to modify | 13 |
| communicative disorders and
conditions in individuals or | 14 |
| groups of individuals involving speech,
language, voice and | 15 |
| swallowing function.
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| "The practice of speech-language pathology" shall include, | 17 |
| but
shall not be
limited to, the following:
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| (1) hearing screening tests and aural rehabilitation | 19 |
| procedures
consistent with speech-language pathology | 20 |
| training;
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| (2) tasks, procedures, acts or practices that are | 22 |
| necessary for the
evaluation of, and training in the use | 23 |
| of, augmentative communication
systems, communication | 24 |
| variation, cognitive rehabilitation, non-spoken
language | 25 |
| production and comprehension ; and .
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| (3) the use of rigid and flexible endoscopes pursuant |
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LRB096 03126 ASK 13142 b |
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| to the provisions of Section 54.5(f) of the Medical | 2 |
| Practice Act of 1987. | 3 |
| (i) "Speech-language pathology assistant" means a person | 4 |
| who has received
a license pursuant to this Act to assist a | 5 |
| speech-language
pathologist in the manner provided in this Act.
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| (Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07.)
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
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