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| Public Act 103-0814 | ||||
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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(Section scheduled to be repealed on January 1, 2027) | ||||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.) | ||