Full Text of HB3834 94th General Assembly
HB3834 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3834
Introduced 2/25/2005, by Rep. JoAnn D. Osmond SYNOPSIS AS INTRODUCED: |
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225 ILCS 95/7 |
from Ch. 111, par. 4607 |
745 ILCS 49/46 |
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Amends the Physician Assistant Practice Act of 1987. Allows a physician assistant who is licensed under the Act, licensed or certified by another regulatory jurisdiction in the United States, or credentialed as a physician assistant by a federal employer to respond to a need for medical care created by a natural disaster, accident, or other emergency and to render the care that he or she is able to provide without supervision or with supervision, as it is available. Exempts a physician who supervises a physician assistant who is providing medical care in response to a natural disaster, accident, or other emergency from the requirements of the Act as they relate to supervising physicians. Amends the Good Samaritan Act to exempt a physician assistant who is licensed or certified by another regulatory jurisdiction in the United States or credentialed as a physician assistant by a federal employer from civil liability for emergency care. Effective immediately.
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A BILL FOR
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HB3834 |
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LRB094 10650 RAS 41008 b |
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| AN ACT concerning 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 Physician Assistant Practice Act of 1987 is | 5 |
| amended by changing Section 7 as follows:
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| (225 ILCS 95/7) (from Ch. 111, par. 4607)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 7. Supervision requirements. No more than 2 physician
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| assistants shall be supervised
by
the supervising physician, | 10 |
| although a physician assistant shall be able to
hold more than | 11 |
| one professional position. Each supervising physician shall
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| file a notice of supervision of such physician assistant | 13 |
| according to the
rules of the Department. However, the | 14 |
| alternate supervising physician may
supervise more than 2 | 15 |
| physician assistants when
the supervising
physician
is unable | 16 |
| to provide such supervision consistent with the definition of
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| alternate physician in Section 4.
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| Physician assistants shall be supervised only by | 19 |
| physicians as defined in
this Act
who are engaged in clinical | 20 |
| practice, or in clinical practice in
public health or other | 21 |
| community health facilities.
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| Nothing in this Act shall be construed to prohibit, in | 23 |
| response to a natural disaster, accident, or other emergency, a | 24 |
| physician assistant who is licensed under this Act, licensed or | 25 |
| certified by another regulatory jurisdiction in the United | 26 |
| States, or credentialed as a physician assistant by a federal | 27 |
| employer from responding to a need for medical care created by | 28 |
| a natural disaster, accident, or other emergency and rendering | 29 |
| that care that he or she is able to provide without supervision | 30 |
| or with supervision, as it is available.
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| A physician who supervises a physician assistant who is | 32 |
| providing medical care in response to a natural disaster, |
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HB3834 |
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LRB094 10650 RAS 41008 b |
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| accident, or other emergency is not required to comply with the | 2 |
| statutory requirements of this Act as they relate to | 3 |
| supervising physicians.
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| Nothing in this Act shall be construed to limit the | 5 |
| delegation of tasks or
duties by a physician to a nurse or | 6 |
| other appropriately trained personnel.
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| Nothing in this Act
shall be construed to prohibit the | 8 |
| employment of physician assistants by
a hospital, nursing home | 9 |
| or other health care facility where such physician
assistants | 10 |
| function under the supervision of a supervising physician.
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| Physician assistants may be employed by the Department of | 12 |
| Corrections or
the Department of Human Services (as successor | 13 |
| to the Department of Mental
Health and Developmental | 14 |
| Disabilities) for service in
facilities maintained by such | 15 |
| Departments and affiliated training
facilities in programs | 16 |
| conducted under the authority of the Director of
Corrections or | 17 |
| the Secretary of Human Services. Each physician assistant
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| employed by the Department of Corrections or the Department of | 19 |
| Human Services
(as successor to the Department of Mental Health | 20 |
| and
Developmental Disabilities) shall be under the supervision | 21 |
| of a physician
engaged in clinical practice and direct patient | 22 |
| care. Duties of each
physician assistant employed by such | 23 |
| Departments are limited to those
within the scope of practice | 24 |
| of the supervising physician who is fully
responsible for all | 25 |
| physician assistant activities.
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| A physician assistant may be employed by a practice group | 27 |
| or other entity
employing multiple physicians at one or more | 28 |
| locations. In that case, one of
the
physicians practicing at a | 29 |
| location shall be designated the supervising
physician. The | 30 |
| other physicians with that practice group or other entity who
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| practice in the same general type of practice or specialty
as | 32 |
| the supervising physician may supervise the physician | 33 |
| assistant with respect
to their patients without being deemed | 34 |
| alternate supervising physicians for the
purpose of this Act.
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| (Source: P.A. 93-149, eff. 7-10-03.)
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HB3834 |
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LRB094 10650 RAS 41008 b |
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| Section 10. The Good Samaritan Act is amended by changing | 2 |
| Section 46 as follows:
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| (745 ILCS 49/46)
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| Sec. 46. Physician assistant; exemption from civil
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| liability for emergency care. A person licensed as a physician | 6 |
| assistant
under the Physician Assistant
Practice Act of 1987 , | 7 |
| licensed or certified by another regulatory jurisdiction in the | 8 |
| United States, or credentialed as a physician assistant by a | 9 |
| federal employer, who in good faith provides emergency care | 10 |
| without fee to a
person , shall not be liable for civil damages | 11 |
| as a result of his or her acts or
omissions, except for willful | 12 |
| or wanton misconduct on the part of the person in
providing the | 13 |
| care.
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| (Source: P.A. 91-446, eff. 8-6-99.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
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