Illinois General Assembly - Full Text of SB1785
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Full Text of SB1785  103rd General Assembly




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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Medical Practice Act of 1987 is amended by
5changing Section 54.5 as follows:
6    (225 ILCS 60/54.5)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 54.5. Physician delegation of authority to physician
9assistants, advanced practice registered nurses without full
10practice authority, and prescribing psychologists.
11    (a) Physicians licensed to practice medicine in all its
12branches may delegate care and treatment responsibilities to a
13physician assistant under guidelines in accordance with the
14requirements of the Physician Assistant Practice Act of 1987.
15A physician licensed to practice medicine in all its branches
16may enter into collaborative agreements with no more than 7
17full-time equivalent physician assistants, except in a
18hospital, hospital affiliate, or ambulatory surgical treatment
19center as set forth by Section 7.7 of the Physician Assistant
20Practice Act of 1987 and as provided in subsection (a-5).
21    (a-5) A physician licensed to practice medicine in all its
22branches may collaborate with more than 7 physician assistants
23when the services are provided in a federal primary care



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1health professional shortage area with a Health Professional
2Shortage Area score greater than or equal to 12, as determined
3by the United States Department of Health and Human Services.
4    The collaborating physician must keep appropriate
5documentation of meeting this exemption and make it available
6to the Department upon request.
7    (b) A physician licensed to practice medicine in all its
8branches in active clinical practice may collaborate with an
9advanced practice registered nurse in accordance with the
10requirements of the Nurse Practice Act. Collaboration is for
11the purpose of providing medical consultation, and no
12employment relationship is required. A written collaborative
13agreement shall conform to the requirements of Section 65-35
14of the Nurse Practice Act. The written collaborative agreement
15shall be for services for which the collaborating physician
16can provide adequate collaboration in the same area of
17practice or specialty as the collaborating physician in his or
18her clinical medical practice. A written collaborative
19agreement shall be adequate with respect to collaboration with
20advanced practice registered nurses if all of the following
22        (1) The agreement is written to promote the exercise
23    of professional judgment by the advanced practice
24    registered nurse commensurate with his or her education
25    and experience.
26        (2) The advanced practice registered nurse provides



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1    services based upon a written collaborative agreement with
2    the collaborating physician, except as set forth in
3    subsection (b-5) of this Section. With respect to labor
4    and delivery, the collaborating physician must provide
5    delivery services in order to participate with a certified
6    nurse midwife.
7        (3) Methods of communication are available with the
8    collaborating physician in person or through
9    telecommunications for consultation, collaboration, and
10    referral as needed to address patient care needs.
11    (b-5) An anesthesiologist or physician licensed to
12practice medicine in all its branches may collaborate with a
13certified registered nurse anesthetist in accordance with
14Section 65-35 of the Nurse Practice Act for the provision of
15anesthesia services. With respect to the provision of
16anesthesia services, the collaborating anesthesiologist or
17physician shall have training and experience in the delivery
18of anesthesia services consistent with Department rules.
19Collaboration shall be adequate if:
20        (1) an anesthesiologist or a physician participates in
21    the joint formulation and joint approval of orders or
22    guidelines and periodically reviews such orders and the
23    services provided patients under such orders; and
24        (2) for anesthesia services, the anesthesiologist or
25    physician participates through discussion of and agreement
26    with the anesthesia plan and is physically present and



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1    available on the premises during the delivery of
2    anesthesia services for diagnosis, consultation, and
3    treatment of emergency medical conditions. Anesthesia
4    services in a hospital shall be conducted in accordance
5    with Section 10.7 of the Hospital Licensing Act and in an
6    ambulatory surgical treatment center in accordance with
7    Section 6.5 of the Ambulatory Surgical Treatment Center
8    Act.
9    (b-10) The anesthesiologist or operating physician must
10agree with the anesthesia plan prior to the delivery of
12    (c) The collaborating physician shall have access to the
13medical records of all patients attended by a physician
14assistant. The collaborating physician shall have access to
15the medical records of all patients attended to by an advanced
16practice registered nurse.
17    (d) (Blank).
18    (e) A physician shall not be liable for the acts or
19omissions of a prescribing psychologist, physician assistant,
20or advanced practice registered nurse solely on the basis of
21having signed a supervision agreement or guidelines or a
22collaborative agreement, an order, a standing medical order, a
23standing delegation order, or other order or guideline
24authorizing a prescribing psychologist, physician assistant,
25or advanced practice registered nurse to perform acts, unless
26the physician has reason to believe the prescribing



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1psychologist, physician assistant, or advanced practice
2registered nurse lacked the competency to perform the act or
3acts or commits willful and wanton misconduct.
4    (f) A collaborating physician may, but is not required to,
5delegate prescriptive authority to an advanced practice
6registered nurse as part of a written collaborative agreement,
7and the delegation of prescriptive authority shall conform to
8the requirements of Section 65-40 of the Nurse Practice Act.
9    (g) A collaborating physician may, but is not required to,
10delegate prescriptive authority to a physician assistant as
11part of a written collaborative agreement, and the delegation
12of prescriptive authority shall conform to the requirements of
13Section 7.5 of the Physician Assistant Practice Act of 1987.
14    (h) (Blank).
15    (i) A collaborating physician shall delegate prescriptive
16authority to a prescribing psychologist as part of a written
17collaborative agreement, and the delegation of prescriptive
18authority shall conform to the requirements of Section 4.3 of
19the Clinical Psychologist Licensing Act.
20    (j) As set forth in Section 22.2 of this Act, a licensee
21under this Act may not directly or indirectly divide, share,
22or split any professional fee or other form of compensation
23for professional services with anyone in exchange for a
24referral or otherwise, other than as provided in Section 22.2.
25(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
26100-513, eff. 1-1-18; 100-605, eff. 1-1-19; 100-863, eff.



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