96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1483


 
Introduced 2/18/2009, by Sen. M. Maggie Crotty
 
SYNOPSIS AS INTRODUCED:
 		








    



225 ILCS 60/54.5




225 ILCS 110/3
  from Ch. 111, par. 7903








    Amends the Medical Practice Act of 1987 to allow  a physician licensed to practice medicine in all its branches to delegate the use of a rigid and flexible endoscope to a speech-language pathologist that is licensed under the Illinois Speech-Language Pathology and Audiology Practice Act. Amends the Illinois Speech-Language Pathology and Audiology Practice Act to include the use of rigid and flexible endoscopes within the definition of "the practice of speech-language pathology". Effective immediately.
















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A BILL FOR









 











SB1483

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    AN ACT concerning professional regulation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:



 
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    Section 5. The Medical Practice Act of 1987 is amended  by 
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changing Section 54.5 as follows:
 



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    (225 ILCS 60/54.5)


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    (Section scheduled to be repealed on December 31, 2010)

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    Sec. 54.5. Physician delegation of authority. 

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    (a) Physicians licensed to practice medicine in all its

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branches may delegate care and treatment responsibilities to a

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physician assistant under guidelines in accordance with the

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requirements of  the Physician Assistant Practice Act of
1987.  A 
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physician licensed to practice medicine in all its
branches may 
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enter into supervising physician agreements with
no more than 2 
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physician assistants.

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    (b) A physician licensed to practice medicine in all its

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branches in active clinical practice may collaborate with an 
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advanced practice
nurse in accordance with the requirements of 
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the Nurse Practice Act.  Collaboration
is for the purpose of 
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providing medical consultation,
and no employment relationship 
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is required.  A
written collaborative agreement shall
conform to 
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the requirements of Section 65-35 of the Nurse Practice Act.  
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The written collaborative agreement shall
be for
services the 
 


 






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collaborating physician generally provides to
his or her 
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patients in the normal course of clinical medical practice.
 A 
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written collaborative agreement shall be adequate with respect 
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to collaboration
with advanced practice nurses if all of the 
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following apply:


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        (1) The agreement is written to promote the exercise of 
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    professional judgment by the advanced practice nurse 
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    commensurate with his or her education and experience. The 
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    agreement need not describe the exact steps that an 
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    advanced practice nurse must take with respect to each 
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    specific condition, disease, or symptom, but must specify 
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    those procedures that require a physician's presence as the 
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    procedures are being performed.


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        (2) Practice guidelines and orders are developed and 
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    approved jointly by the advanced practice nurse and 
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    collaborating physician, as needed, based on the practice 
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    of the practitioners. Such guidelines and orders and the 
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    patient services provided thereunder are periodically 
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    reviewed by the collaborating physician.


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        (3) The advance practice nurse provides services the 
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    collaborating physician generally provides to his or her 
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    patients in the normal course of clinical practice, except 
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    as set forth in subsection (b-5) of this Section. With 
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    respect to labor and delivery, the collaborating physician 
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    must provide delivery services in order to participate with 
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    a certified nurse midwife.
 


 






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        (4)  The collaborating physician and advanced practice 
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    nurse meet in person at least once a month to provide 
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    collaboration and consultation.
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        (5) Methods of communication are available with the 
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    collaborating physician in person or through 
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    telecommunications for consultation, collaboration, and 
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    referral as needed to address patient care needs.
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        (6)  The agreement contains provisions detailing notice 
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    for termination or change of status involving a written 
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    collaborative agreement, except when such notice is given 
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    for just cause.


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    (b-5) An anesthesiologist or physician licensed to 
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practice medicine in
all its branches may collaborate with a 
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certified registered nurse anesthetist
in accordance with 
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Section 65-35 of the Nurse Practice Act for the provision of 
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anesthesia services.  With respect to the provision of 
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anesthesia services, the collaborating anesthesiologist or 
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physician shall have training and experience in the delivery of 
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anesthesia services consistent with Department rules.  
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Collaboration shall be
adequate if:


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        (1) an anesthesiologist or a physician
participates in 
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    the joint formulation and joint approval of orders or

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    guidelines and periodically reviews such orders and the 
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    services provided
patients under such orders; and


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        (2) for anesthesia services, the anesthesiologist
or 
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    physician participates through discussion of and agreement 
 


 






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    with the
anesthesia plan and is physically present and 
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    available on the premises during
the delivery of anesthesia 
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    services for
diagnosis, consultation, and treatment of 
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    emergency medical conditions.
Anesthesia services in a 
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    hospital shall be conducted in accordance with
Section 10.7 
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    of the Hospital Licensing Act and in an ambulatory surgical

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    treatment center in accordance with Section 6.5 of the 
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    Ambulatory Surgical
Treatment Center Act.

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    (b-10) The anesthesiologist or operating physician must 
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agree with the
anesthesia plan prior to the delivery of 
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services.

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    (c) The supervising physician shall have access to the

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medical records of all patients attended by a physician

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assistant.  The collaborating physician shall have access to
the 
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medical records of all patients attended to by an
advanced 
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practice nurse.

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    (d) Nothing in this Act
shall be construed to limit the 
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delegation of
tasks or duties by a physician licensed to 
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practice medicine
in all its branches to a licensed practical 
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nurse, a registered professional
nurse, or other persons.

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    (e) A physician shall not be liable for the acts or

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omissions of a physician assistant or advanced practice
nurse 
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solely on the basis of having signed a
supervision agreement or 
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guidelines or a collaborative
agreement, an order, a standing 
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medical order, a
standing delegation order, or other order or 
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guideline
authorizing a physician assistant or advanced 
 


 






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practice
nurse to perform acts, unless the physician has
reason 
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to believe the physician assistant or advanced
practice nurse 
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lacked the competency to perform
the act or acts or commits 
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willful and wanton misconduct.

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    (f) Physicians licensed to practice medicine in all its 
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branches may delegate the use of rigid and flexible endoscopes 
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to a speech-language pathologist licensed under the Illinois 
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Speech-Language Pathology and Audiology Practice Act. 
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(Source: P.A. 95-639, eff. 10-5-07.)

 
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    Section 10. The Illinois Speech-Language Pathology and

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Audiology Practice Act is amended  by changing Section 3 as 
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follows:
 



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    (225 ILCS 110/3)  (from Ch. 111, par. 7903)



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    (Section scheduled to be repealed on January 1, 2018)

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    Sec. 3. Definitions. The following words and phrases shall 
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have the
meaning ascribed to them in this Section unless the 
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context clearly indicates
otherwise:

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    (a) "Department" means the Department of Financial and

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Professional
Regulation.

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    (b) "Secretary" means the Secretary of Financial and 
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Professional Regulation.

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    (c) "Board" means the Board of Speech-Language Pathology 
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and Audiology
established under Section 5 of this Act.

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    (d) "Speech-Language Pathologist" means a person who has 
 


 






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received a
license pursuant to this Act and who engages in the 
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practice
of speech-language pathology.

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    (e) "Audiologist" means a person who has received a license 
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pursuant to this
Act and who engages in the practice of 
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audiology.

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    (f) "Public member" means a person who is not a health 
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professional.
For purposes of board membership, any person with 
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a significant financial
interest in a health service or 
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profession is not a public member.

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    (g) "The practice of audiology" is the application of 
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nonmedical methods
and procedures for the identification, 
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measurement, testing,
appraisal, prediction, habilitation, 
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rehabilitation, or instruction
related to hearing
and 
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disorders of hearing.  These procedures are for the
purpose of 
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counseling, consulting and rendering or offering to render

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services or for participating in the planning, directing or 
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conducting of
programs that are designed to modify 
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communicative disorders
involving
speech, language or auditory 
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function related to hearing loss.
The practice of audiology may 
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include, but shall not be limited to, the
following:


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        (1) any task, procedure, act, or practice that is 
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    necessary for the
evaluation of hearing or
vestibular 
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    function;


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        (2) training in the use of amplification devices;

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        (3) the fitting, dispensing, or servicing of hearing 
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    instruments; and


 


 






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        (4) performing basic speech and language screening 
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    tests and procedures
consistent with audiology training.

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    (h) "The practice of speech-language pathology" is the 
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application of
nonmedical methods and procedures for the 
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identification,
measurement, testing, appraisal, prediction, 
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habilitation, rehabilitation,
and modification related to 
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communication development, and disorders or
disabilities of 
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speech, language, voice, swallowing, and other speech,

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language and voice related disorders.  These procedures are for 
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the
purpose of counseling, consulting and rendering or offering 
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to render
services, or for participating in the planning, 
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directing or conducting of
programs that are designed to modify 
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communicative disorders and
conditions in individuals or 
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groups of individuals involving speech,
language, voice and 
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swallowing function.

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    "The practice of speech-language pathology" shall include, 
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but
shall not be
limited to, the following:


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        (1) hearing screening tests and aural rehabilitation 
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    procedures
consistent with speech-language pathology 
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    training;


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        (2) tasks, procedures, acts or practices that are 
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    necessary for the
evaluation of, and training in the use 
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    of, augmentative communication
systems, communication 
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    variation, cognitive rehabilitation, non-spoken
language 
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    production and comprehension; and .

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        (3) the use of rigid and flexible endoscopes pursuant 
 


 






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    to the provisions of Section 54.5(f) of the Medical 
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    Practice Act of 1987. 
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    (i) "Speech-language pathology assistant" means a person 
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who has received
a license pursuant to this Act to assist a 
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speech-language
pathologist in the manner provided in this Act.

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(Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07.)


 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.