Public Act 0814 103RD GENERAL ASSEMBLY

 


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    (Section scheduled to be repealed on January 1, 2027)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