Section 1350.10  Statutory Authority (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 18046, effective December 12, 1994)

 

Section 1350.20  Definitions

 

"Act" means the Physician Assistant Practice Act of 1987 [225 ILCS 95].

 

"Advisory Committee" means the Physician Assistant Advisory Committee to the Medical Licensing Board.

 

"Collaborating Physician" means a physician licensed to practice medicine in all of its branches under the Medical Practice Act and who is the collaborating physician of the physician assistant in accordance with Section 4(7) of the Act.  A collaborating physician may collaborate with a maximum of 7 full-time equivalent physician assistants; except that, a collaborating physician may collaborate with more than 7 physician assistants when the services are provided in a federal primary care health professional shortage area with a Health Professional Shortage Area score greater than or equal to 12, as determined by the U.S. Department of Health and Human Services.  The collaborating physician must keep appropriate documentation of meeting this exemption and make it available to the Department upon request. (See Section 54.5(a-5) of the Medical Practice Act.)

 

"Department" means the Department of Financial and Professional Regulation of the State of Illinois.

 

"Director" means the Director of the Division of Professional Regulation with the authority delegated by the Secretary.

 

"Disciplinary Board" means the Medical Disciplinary Board established pursuant to Section 7 of the Medical Practice Act.

 

"Division" means the Department of Financial and Professional Regulation-Division of Professional Regulation.

 

"Licensing Board" means the Medical Licensing Board established pursuant to Section 8 of the Medical Practice Act.

 

"Medical Practice Act" means the Medical Practice Act of 1987 [225 ILCS 60].

 

"Mid-level Practitioner Controlled Substances License" means a license issued by the Division pursuant to the Illinois Controlled Substances Act [720 ILCS 570] to a licensed physician assistant who has been delegated prescriptive authority by a collaborating physician for Schedule II, III, IV and/or V controlled substances.

 

"Physician Assistant" means a person licensed by the Division and who practices in accordance with the provisions set forth in the Act.  A physician assistant is only authorized to practice within the current scope of practice of the collaborating physician and is further limited by his/her education, training and experience.

 

"Secretary" means the Secretary of the Department of Financial and Professional Regulation.

 

(Source:  Amended at 44 Ill. Reg. 2519, effective January 31, 2020)

 

Section 1350.25  Fees

 

The following fees shall be paid to the Department and are not refundable:

 

a)         Application Fees.

 

            The fee for application for a license  as a physician assistant is $50.

 

b)         Renewal Fees.

 

            The fee for the renewal of a license shall be calculated at the rate of $40 per year.

 

c)         General Fees.

 

1)         The fee for the restoration of a license other than from inactive status is $20 plus payment of all lapsed renewal fees.

 

2)         The fee for a certification of a licensee's record for any purpose is $20.

 

3)         The fee for a roster of persons licensed as physician assistants in this State shall be the actual cost of producing the roster.

 

(Source:  Amended at 44 Ill. Reg. 2519, effective January 31, 2020)

 

Section 1350.30  Approved Programs

 

A program approved by the Division shall consist of one of the following:

 

a)         A program that has been approved by the Accreditation Review Commission on Education for the Physician Assistant, or its successor agency as approved by the Division, for the training of physician assistants; or

 

b)         Educational programs that  meet the criteria specified by the National Commission on Certification of Physician Assistants, or its successor agency as approved by the Division, for eligibility to the Certifying Examination.

 

(Source:  Amended at 44 Ill. Reg. 2519, effective January 31, 2020)

 

Section 1350.40  Application for Licensure

 

a)         An applicant for licensure as a physician assistant shall file an application on forms provided by the Division.  The application shall include:

 

1)         Current valid certification issued by the National Commission on Certification of Physician Assistants (NCCPA) or its successor agency as approved by the Division. If the applicant is unable to provide proof of current valid certification, the applicant shall provide:

 

A)        Certification of graduation from an approved program that meets the requirements set forth in Section 1350.30 or certification from the National Commission on Certification of Physician Assistants, or its successor agency as approved by the Division, that the applicant has substantially equivalent training and experience; and

 

B)        Certification of successful completion of the Physician Assistant National Certifying Examination.  The certification shall be forwarded to the Division from the National Commission on Certification of Physician Assistants, or its successor agency as approved by the Division;

 

2)         A certification from the jurisdiction of original licensure and current licensure stating (if applicable):

 

A)        The date of issuance and status of the license; and

 

B)        Whether the records of the licensing authority contain any record of disciplinary actions taken or pending;

 

3)         The fee required in Section 1350.25.

 

b)         A physician assistant license will be issued when the applicant meets the requirements set forth above.  However, a physician assistant may not practice until a notice of collaboration has been filed in accordance with Section 1350.100.

 

c)         The collaborating physician shall submit a notice of prescriptive authority indicating the physician assistant has been delegated prescriptive authority. If the physician assistant has a written collaborative agreement with more than one physician, a separate notice of prescriptive authority shall be submitted by each collaborating physician.  In addition, if prescriptive authority includes Schedule II, III, IV and/or V controlled substances, the physician assistant will be required to apply for a mid-level practitioner license in accordance with the Illinois Controlled Substances Act.

 

(Source:  Amended at 44 Ill. Reg. 2519, effective January 31, 2020)

 

Section 1350.50  Temporary Certificate (Repealed)

 

(Source:  Repealed at 33 Ill. Reg. 1484, effective January 8, 2009)

 

Section 1350.55  Prescriptive Authority

 

a)         A collaborating physician may, but is not required to, delegate limited prescriptive authority to a physician assistant.  This authority may, but is not required to, include prescription and dispensing of legend drugs and controlled substances categorized as Schedule II, III, IV, or V controlled substances, as defined in Article II of the Illinois Controlled Substances Act and other preparations, including but not limited to, botanical and herbal remedies, as delegated in the written guidelines required by the Act. (Section 7.5 of the Act)   The collaborating physician must have a valid, current Illinois controlled substance license and federal registration with the Drug Enforcement Agency to delegate the authority to prescribe controlled substances.

 

b)         Pursuant to Section 7.5(b)(3) of the Act, a collaborating physician may, but is not required to, delegate authority to a physician assistant to prescribe Schedule II controlled substances by oral dosage or topical or transdermal application, if all of the following conditions apply:

 

1)         The delegated Schedule II controlled substance is specially identified by either brand name or generic name.  Schedule II controlled substances to be delivered by injection or other route of administration may not be delegated.

 

2)         The delegated Schedule II controlled substances are routinely prescribed by the collaborating physician or podiatric physician.

 

3)         Any prescription must be limited to no more than a 30-day supply, with any continuation authorized only after prior approval of the collaborating physician.

 

4)         The physician assistant must discuss the condition of any patients for whom a controlled substance is prescribed monthly with the collaborating physician.

 

5)         The physician assistant meets the education requirements of Section 303.05 of the Illinois Controlled Substances Act.

 

c)        A physician assistant who has been delegated prescriptive authority shall be required to obtain a mid-level practitioner-controlled substances license under Section 303.05 of the Illinois Controlled Substances Act.  The collaborating physician shall file with the Department notice of delegation of prescriptive authority to a physician assistant and termination of delegation, specifying the authority delegated or terminated.

 

d)       A collaborating physician and physician assistant shall have written guidelines that govern the physician assistant delegated prescriptive authority.  The written guidelines shall include a statement indicating that the collaborating physician has delegated prescriptive authority for legend drugs and/or any schedule of controlled substances.  The delegation must be appropriate to the physician's practice and within the scope of the physician assistant's training.  The written guidelines shall be signed by both the physician and the physician assistant.  The physician assistant's state-controlled substance license number and the Drug Enforcement Administration (DEA) registration number shall be maintained at each location where the physician assistant practices.  A copy of the written prescriptive guidelines shall be made immediately available upon request.

 

e)         A physician assistant may only prescribe or dispense prescriptions or orders for drugs and medical supplies within the scope of practice of the collaborating physician.

 

f)         Medication orders issued by a physician assistant shall be reviewed periodically by the collaborating physician.

 

(Source:  Amended at 44 Ill. Reg. 2519, effective January 31, 2020)

 

Section 1350.60  Identification

 

a)         When rendering medical services, a physician assistant shall at all times wear on his or her person a visible identification indicating that he or she is a certified physician assistant.

 

b)         A physician assistant shall verbally identify himself or herself as a physician assistant to each patient.

 

(Source:  Amended at 44 Ill. Reg. 2519, effective January 31, 2020)

 

Section 1350.70  Permitted Tasks (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 18046, effective December 12, 1994)

 

Section 1350.80  Performance of Collaborative Agreement

 

a)         The collaborating physician shall maintain the final responsibility for the care of the patient and the performance of the physician assistant.

 

b)         Delegated procedures and tasks performed by the physician assistant shall be within the current scope of practice of the collaborating physician with whom the physician assistant is working at the time.

 

c)         The collaborating physician may collaborate with a maximum of 7 full-time equivalent physician assistants as described in Section 54.5 of the Medical Practice Act.  However, a physician assistant shall be able to hold more than one professional position.

 

d)         The physician may collaborate with more than 7 physician assistants when the services are provided in a federal primary care health professional shortage area with a Health Professional Shortage Area score greater than or equal to 12, as determined by the U.S. Department of Health and Human Services.  The collaborating physician must keep appropriate documentation of meeting this exemption and make it available to the Department upon request. (See Section 54.5(a-5) of the Medical Practice Act.)

 

e)         It is the responsibility of the collaborating physician to direct and review the work, records and practice of the physician assistant at least once a month to ensure that appropriate directions are given and understood and that appropriate treatment is being rendered.

 

f)         In the event that the collaborating physician is not present in the same facility as the physician assistant, the collaborating physician should be available for consultation by telecommunication or electronic communication as set forth in their collaborative agreement.

 

g)         The collaborating physician shall have full authority and responsibility to direct, supervise and limit the role of a physician assistant.  Nothing contained herein shall be deemed to alter the fact that a physician assistant shall continue to bear responsibility for his/her actions to the extent that the physician assistant fails to comply with physician directives or is not carrying out those directives in a professional and appropriate manner in conformance with his/her training.

 

h)         The physician assistant shall only work under the direction of the current collaborating physicians and may undertake patient care responsibilities only for the patients of the collaborating physicians.

 

(Source:  Amended at 44 Ill. Reg. 2519, effective January 31, 2020)

 

Section 1350.90  Scope and Function

 

a)         A physician assistant may provide medical/surgical services delegated to him/her by the collaborating physicians when those services are within his/her education, training and experience and within the current scope of practice of the collaborating physician and are provided under the collaboration and direction of the collaborating physician.

 

b)         The physician/physician assistant team shall establish a written collaborative agreement that is individual to the physician assistant in the practice setting and keep that agreement current and available in the collaborating physician's office or location where the physician assistant is practicing.

 

(Source:  Amended at 44 Ill. Reg. 2519, effective January 31, 2020)

 

Section 1350.100  Notification of Collaborative Agreement

 

a)         Prior to a physician assistant performing any medical procedure or other task delegated by a collaborating physician, the collaborating physician must file with the Division notice of employment or collaboration.

 

b)         At the termination of a collaborative agreement or employment of a physician assistant, the collaborating physician shall give written notice to the Division within 10 days after the termination of employment or agreement.

 

(Source:  Amended at 44 Ill. Reg. 2519, effective January 31, 2020)

 

Section 1350.110  Employment by a Professional Corporation or Partnership

 

a)         Whenever a physician assistant is employed by a collaborating physician who is a member of a professional corporation or partnership or whenever the collaborating physician or the physician assistant is an employee of a professional corporation or partnership, the collaborating physician shall maintain the responsibility for the physician assistant and for the care and treatment of the persons attended by the physician assistant. Responsibility for the physician assistant cannot be transferred to such corporation or partnership.

 

b)          Whenever a physician assistant is employed by a practice group or other entity that employs multiple physicians, one physician at that location shall be designated as the collaborating physician.  A physician assistant may collaborate with another physician at the practice group who practices in the same general type of practice or specialty as the physician assistant's collaborating physician.

 

(Source:  Amended at 44 Ill. Reg. 2519, effective January 31, 2020)

 

Section 1350.112  Employment by a Hospital or by Hospital Affiliates or Ambulatory Surgical Treatment Centers

 

a)         A physician assistant may provide services in a hospital, a hospital affiliate, or a licensed ambulatory surgical treatment center (ASTC) without a written collaborative agreement pursuant to Section 7.5 of the Act.  The physician assistant employed by a hospital, hospital affiliate or ASTC is not required to file a notice of employment or collaborative agreement with the Division.

 

b)         A physician assistant must possess clinical privileges recommended by the hospital medical staff and granted by the hospital or the consulting medical staff committee and ASTC in order to provide services. The medical staff or consulting medical staff committee shall periodically review the services of physician assistants granted clinical privileges, including any care provided in a hospital affiliate.

 

c)         The attending physician shall determine a physician assistant's role in providing care for his or her patients, except as otherwise provided in the medical staff bylaws or consulting committee policies. 

 

d)         A physician assistant practicing in a hospital affiliate may be, but is not required to be, granted authority to prescribe Schedule II through V controlled substances when that authority is recommended by the appropriate physician committee of the hospital affiliate and granted by the hospital affiliate.  To prescribe controlled substances, the physician assistant must obtain a mid-level practitioner controlled substance license.

 

e)         A hospital affiliate shall file with the Department notice of a grant of prescriptive authority and termination of that grant of authority in accordance with Section 1350.100.

 

f)         A physician assistant practicing in a hospital, hospital affiliate or ASTC is not required to apply for a mid-level license in accordance with the Illinois Controlled Substances Act to order controlled substances under Section 303.05 of the Illinois Controlled Substances Act.

 

(Source:  Added at 44 Ill. Reg. 2519, effective January 31, 2020)

 

Section 1350.115  Renewals

 

a)         All licenses issued under the Act shall expire on March 1 of each even-numbered year. The holder of a license may renew the license during the month preceding the expiration date by paying the required fee.

 

b)         It is the responsibility of each physician assistant to notify the Division of any change of address. Failure to receive a renewal form from the Division shall not constitute an excuse for failure to pay the renewal fee.

 

c)         Practice on an expired license shall be considered unlicensed practice and shall be grounds for discipline pursuant to Section 21 of the Act.

 

d)         Physician assistants must provide the Division with an email address of record.

 

(Source:  Amended at 44 Ill. Reg. 2519, effective January 31, 2020)

 

Section 1350.116  Continuing Education

 

a)         Continuing Education (CE) Requirements

 

1)         Beginning with the March 2, 2020 renewal period, all licensed physician assistants shall complete 50 hours of approved CE per 2-year license renewal cycle.

 

2)         All CE must be completed in the 24 months preceding expiration of the license.

 

3)         A renewal applicant shall not be required to comply with CE requirements for the first renewal of an Illinois license.

 

4)         Physician assistants licensed in Illinois but residing and practicing in other states shall comply with the CE requirements set forth in this Section.

 

5)         CE hours used to satisfy the CE requirements of another jurisdiction may be applied to fulfill the CE requirements of the State of Illinois pursuant to subsection (e).

 

b)         CE hours shall be earned by, but not limited to, verified attendance (e.g., certificate of attendance or certificate of completion) at, or participation in, a program or course (program) as follows:

 

1)         CE hours shall be earned as follows:

 

A)        A minimum of 25 hours of required CEs must be earned in Category 1 CMEs as determined by the National Commission on Certification of Physician Assistants; and

 

B)        25 credit hours of required CEs can be Category 1, Category 2 or a combination of both.

 

2)         Category 1 CME

 

A)        Regular.  Programs offered by sponsors set forth in subsection (c)(1);

 

B)        Certifications Programs.  Certification and recertification programs that are preapproved (sponsored) by the American Academy of Physician Assistants (AAPA) for a maximum number of Category 1 credits.

 

C)        Performance Improvements (PI-CME).  Programs that offer a systematic approach to planning, implementing, and assessing quality improvement in the clinical practice setting. 

 

D)        Self-assessment.  Programs that focus on the process of conducting a systematic review of one's own performance, knowledge base or skill set to improve future performance, expand knowledge or hone skills.  Self-Assessment CME is intended primarily to address physician assistant competencies related to knowledge, patient care, and practice-based learning and improvement.

 

3)         Category 2 CE is any educational activity that relates to medicine, patient care or the role of the physician assistant that has not been designated for Category 1 credit.

 

c)         Approved CE Sponsors and Programs

 

1)         Sponsor, as used in this Section shall mean:

 

A)        American Academy of Family Physicians (AAFP);

 

B)        American Academy of Physician Assistants (AAPA);

 

C)        American Medical Association (AMA) (providers accredited by the Accreditation Council for Continuing Medical Education (ACCME));

 

D)        American Osteopathic Association (AOA); or

 

E)        Any other accredited school, college or university, State agency or association approved by the Department. 

 

2)         All programs shall:

 

A)        Contribute to the advancement, extension and enhancement of the professional skills and scientific knowledge of the licensee in the profession of physician assistants;

 

B)        Foster the enhancement the physician assistant profession and values;

 

C)        Be developed and presented by persons with education and/or experience in the subject matter of the program;

 

D)        Specify the course objectives, course content and teaching methods to be used; and

 

E)        Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for license renewal.

 

3)         Each CE program shall provide a mechanism for evaluation of the program and instructor by the participants.  The evaluation may be completed on-site immediately following the program/presentation, or an evaluation questionnaire may be distributed to participants to be completed and returned by mail.  The sponsor and instructor, together, shall review the evaluation outcome and revise subsequent programs accordingly.

 

4)         A sponsor approved pursuant to subsection (c)(1) may subcontract with individuals or organizations to provide approved programs.  All advertising, promotional materials and certificates of attendance must identify the approved sponsor.  The presenter of the program may also be identified but should be identified as a presenter.  When an approved sponsor subcontracts with a presenter, the sponsor retains all responsibility for monitoring attendance, providing certificates of attendance and ensuring the program meets all of the criteria established by the Act and this Part, including the maintenance of records.

 

5)         Certification of Attendance.  It shall be the responsibility of a sponsor to provide each participant in a program with a certificate of attendance or participation.  The sponsor's certificate of attendance shall contain:

 

A)        The sponsor's name and, if applicable, sponsor approval number;

 

B)        The name of the participant;

 

C)        A brief statement of the subject matter;

 

D)        The number of hours attended in each program;

 

E)        The date and place of the program; and

 

F)         The signature of the sponsor.

 

6)         The sponsor shall maintain attendance records for not less than 5 years.

 

7)         The sponsor shall be responsible for assuring that no renewal applicant will receive CE credit for time not actually spent attending the program.

 

8)         Upon the failure of a sponsor to comply with any of the requirements of this subsection (c), the Division, after notice to the sponsor and hearing before and recommendation by the Board (see 68 Ill. Adm. Code 1110), shall thereafter refuse to accept for CE attendance at or participation in any of that sponsor's CE programs until the Division receives assurances of compliance with this Section.

 

9)         Notwithstanding any other provision of this Section, the Division or Board may evaluate any sponsor of any approved CE program at any time to ensure compliance with requirements of this Section.

 

d)         Certification of Compliance with CE Requirements

 

1)         Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsections (a) and (b).

 

2)         The Division may require additional evidence demonstrating compliance with the CE requirements (e.g., certificates of attendance).  This additional evidence shall be required in the context of the Division's random audit.  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

 

3)         When there appears to be a lack of compliance with CE requirements, an applicant shall be notified in writing and may request an interview with the Board.  At that time the Board may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act [5 ILCS 100].

 

e)         Continuing Education Earned in Other Jurisdictions

 

1)         If a licensee has earned CE hours offered in another jurisdiction not given by an approved sponsor for which the licensee will be claiming credit toward full compliance in Illinois, the applicant shall submit an individual program approval request form, along with a $25 processing fee, prior to participation in the program or within 90 days prior to expiration of the license.  The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3).

 

2)         If a licensee fails to submit an out-of-state CE approval form within the required time frame, late approval may be obtained by submitting the approval request with the $25 processing fee plus a late fee of $50 per CE hour, not to exceed $300.  The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3).

 

f)         Waiver of CE Requirements

 

1)         Any renewal applicant seeking renewal of a license without having fully complied with these CE requirements shall file with the Division a renewal application, along with the required fee set forth in Section 1350.25(b), an affidavit setting forth the facts concerning noncompliance and a request for waiver of the CE requirements on the basis of these facts.  A request for waiver shall be made prior to the renewal date.  If the Division, upon the written recommendation of the Board, finds from the affidavit or any other evidence submitted that good cause has been shown for granting a waiver, the Division will waive enforcement of CE requirements for the renewal period for which the applicant has applied.

 

2)         Good cause shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable prerenewal period because of:

 

A)        Full-time service in the Armed Forces of the United States during a substantial part of the prerenewal period;

 

B)        An incapacitating illness documented by a statement from a currently licensed health care provider;

 

C)        A physical inability to access the sites of approved programs documented by a currently licensed health care provider; or

 

D)        Any other similar extenuating circumstances.

 

3)         When the licensee is requesting a waiver due to physical or mental illness or incapacity, the licensee shall provide a current fitness to practice statement from a currently licensed health care provider familiar with the licensee's medical history.

 

4)         Any renewal applicant who, prior to the expiration date of the license, submits a request for a waiver, in whole or in part, pursuant to the provisions of this Section shall be deemed to be in good standing until the final decision on the application is made by the Division.

 

(Source:  Former Section 1350.116 renumbered to Section 1350.117; new Section 1350.116 adopted at 44 Ill. Reg. 2519, effective January 31, 2020)

 

Section 1350.117  Restoration

 

a)         A person seeking restoration of a license that has expired for 3 years or less shall have the license restored upon payment of all lapsed renewal fees required by Section 1350.25 and proof of completion of the CE required under Section 1350.116.

 

b)         A person seeking restoration of a  license that has been placed on inactive status for 3 years or less shall have the license restored upon payment of the current renewal fee and proof of completion of the CE required under Section 1350.116.

 

c)         A person seeking restoration of a license after it has expired or been placed on inactive status for more than 3 years shall file an application, on forms supplied by the Division, proof of completion of the CE required under Section 1350.116, and the fee required by Section 1350.25.  The person shall also submit either:

 

1)         Sworn evidence of active practice in another jurisdiction.  The evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the registrant was authorized to practice during the term of active practice; or

 

2)         An affidavit attesting to military service as provided in Section 16 of the Act; or

 

3)         Successful completion of the examination administered by, and proof of current certification from, the National Commission on the Certification of Physician Assistants or its successor agency.

 

d)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Division because of a lack of information, discrepancies or conflicts in information given or a need for clarification, the applicant seeking restoration of a license shall be requested to:

 

1)         Provide information as may be necessary; and/or

 

2)         Appear for an interview before the Advisory Committee to explain the relevance or sufficiency, clarify information or clear up any discrepancies or conflict in information.  Upon the recommendation of the Licensing Board and approval by the Director, an applicant shall have the license restored or will be notified in writing of the reason for the denial of the application.

 

e)         A physician assistant license will be issued when the applicant meets the requirements set forth in this Section.  However, a physician assistant may not practice until a notice of collaboration has been filed in accordance with Section 1350.100.

 

f)         The collaborating physician shall submit a notice of prescriptive authority indicating the physician assistant has been delegated prescriptive authority.  If the physician assistant has a written collaborative agreement with more than one physician, a separate notice of prescriptive authority shall be submitted by each collaborating physician.  In addition, if prescriptive authority includes Schedule II, III, IV and/or V controlled substances, the physician assistant will be required to apply for a mid-level practitioner license in accordance with the Illinois Controlled Substances Act.

 

(Source:  Renumbered from Section 1350.116 and amended at 44 Ill. Reg. 2519, effective January 31, 2020)

 

Section 1350.118  Endorsement

 

a)         An applicant for licensure as a physician assistant who is licensed under the laws of another state shall file an application with the Division that shall include:

 

1)         A certification from the jurisdiction of original licensure and current licensure stating:

 

A)        The date of issuance and status of the license; and

 

B)        Whether the records of the licensing authority contain any record of any disciplinary actions taken or pending;

 

2)         Proof of one of the following:

 

A)        Current valid certification issued by the National Commission on Certification of Physician Assistants (NCCPA) or its successor agency; or

 

B)        Certification of successful completion of the Physician Assistant National Certifying Examination given by the National Commission on Certification of Physician Assistants, or its successor agency;

 

3)         The required fee set forth in Section 1350.25.

 

b)         The Division shall examine each endorsement application to determine whether the requirements in the other state at the date of licensing were substantially equivalent to the requirements then in force in this State or equivalent to the requirements of the Act.  The Division shall either issue a license by endorsement or notify the applicant of the reasons for the denial of the application.

 

c)         A physician assistant license will be issued when the applicant meets the requirements set forth in this Section.  However, a physician assistant may not practice until a notice of collaboration has been filed in accordance with Section 1350.100.

 

d)         The collaborating physician shall submit a notice of prescriptive authority indicating the physician assistant has been delegated prescriptive authority.  If the physician assistant has a written collaborative agreement with more than one physician, a separate notice of prescriptive authority shall be submitted by each collaborating physician.  In addition, if prescriptive authority includes Schedule II, III, IV and/or V controlled substances, the physician assistant will be required to apply for a mid-level practitioner license in accordance with the Illinois Controlled Substances Act.

 

(Source:  Renumbered from Section 1350.117 and amended at 44 Ill. Reg. 2519, effective January 31, 2020)

 

Section 1350.120  Granting Variances

 

The Director may grant variances from this Part in individual cases when he/she finds that:

 

a)         The provision from which the variance is granted is not statutorily mandated;

 

b)         No party will be injured by the granting of the variance; and

 

c)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

(Source:  Amended at 44 Ill. Reg. 2519, effective January 31, 2020)

 

Section 1350.130  Dishonorable, Unethical or Unprofessional Conduct

 

a)         The Division may suspend or revoke a license, refuse to issue or renew a license or take other disciplinary action based upon its findings of dishonorable, unethical or unprofessional conduct (see Section 21(a)(8) of the Act), which includes but is not limited to, the following acts or practices:

 

1)         Engaging in conduct likely to deceive, defraud or harm the public, or demonstrating a willful disregard for the health, welfare or safety of a patient.  Actual injury need not be established.

 

2)         A departure from or failure to conform to the standards of practice as set forth in the Act or this Part.  Actual injury to a patient need not be  established.

 

3)         Engaging in behavior that violates professional boundaries (such as signing wills or other documents not related to client health care).

 

4)         Engaging in sexual conduct with a patient or conduct that may reasonably be interpreted by a patient as sexual, or behavior that is sexually harassing to a patient, including any verbal behavior that is sexual harassing.

 

5)         Demonstrating actual or potential inability to practice with reasonable skill, safety or judgment by reason of illness, use of alcohol, drugs, chemicals or any other material or as a result of any mental or physical condition.

 

6)         Misrepresenting educational background, training, credentials, competence or medical staff memberships.

 

7)         Committing any other act or omission that breaches the physician assistant's responsibility to a patient according to accepted medical  standards of practice.

 

b)         The Division hereby incorporates by reference the "Guidelines for Ethical Conduct for the PA Profession", 2013, American Academy of PAs, 2318 Mill Road, Suite 13600, Alexandria VA 22314, with no later amendments or editions.

 

c)         The Division hereby incorporates by reference the "Guidelines for the Chronic Use of Opioid Analgesics", Federation of State Medical Boards, April 2017, 400 Fuller Wiser Road, Suite 300, Euless TX 76039. No later amendments or editions       are included.

 

(Source:  Added at 44 Ill. Reg. 2519, effective January 31, 2020)