Public Act 103-0814
 
HB4357 EnrolledLRB103 35918 SPS 66005 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    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    (Section scheduled to be repealed on January 1, 2027)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.)