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SB1482 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1482
Introduced 1/31/2025, by Sen. Cristina Castro
SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 80/4.40
210 ILCS 5/6.5
210 ILCS 85/10.7
225 ILCS 60/7.1
225 ILCS 60/54.5
225 ILCS 60/54.7 new
Creates the Certified Anesthesiologist Assistant Practice Act.
Provides for the licensure of certified anesthesiologist assistants by the
Department of Financial and Professional Regulation. Sets forth provisions
concerning: email address and address of record for all applicants and
licensees; the function, powers, and duties of the Department; supervision
requirements; applications for licensure; qualifications for licensure;
endorsement by the Department of certified anesthesiologist assistants
from another jurisdictions; criminal history records background checks;
and other specified requirements. Amends the Regulatory Sunset Act to
repeal the Certified Anesthesiologist Assistant Practice Act on January 1,
2030. Amends the Ambulatory Surgical Treatment Center Act and the Hospital
Licensing Act. Provides that, in addition to the specified professionals,
a licensed certified anesthesiologist assistant may assist a licensed
physician, dentist, or podiatric physician. Provides that, in addition to
the specified professionals, a licensed anesthesiologist assistant under
the supervision of an anesthesiologist is an individual who, with clinical
privileges granted at the hospital, may administer anesthesia services.
Amends the Medical Practice Act of 1987. Provides that one member of the
Illinois State Medical Board shall be a certified anesthesiologist
assistant licensed to practice in Illinois. Establishes delegation of
authority from a supervising anesthesiologist to a certified
anesthesiologist assistant. Provides that the Act does not preclude a
certified anesthesiologist assistant from performing specified actions.
LRB104 06901 BAB 16937 b
A BILL FOR
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LRB104 06901 BAB 16937 b
1
AN ACT concerning regulation.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
5
Certified Anesthesiologist Assistant Practice Act.
6
Section 5.
Findings.
The practice of anesthesiology is the
7
practice of medicine. The practice as a certified
8
anesthesiologist assistant in this State is declared to affect
9
the public health, safety, and welfare and to be subject to
10
regulation and control in the public interest. The purpose and
11
legislative intent of this Act is to encourage and promote the
12
more effective utilization of the skills of anesthesiologists
13
by enabling them to delegate certain medical care to certified
14
anesthesiologist assistants where such delegation is
15
consistent with the health and welfare of the patient and is
16
conducted at the direction of and under the responsible
17
supervision of an anesthesiologist.
18
It is further declared to be a matter of public health and
19
concern that the practice as a certified anesthesiologist
20
assistant, as defined in this Act, merit and receive the
21
confidence of the public and that only qualified persons be
22
authorized to practice as a certified anesthesiologist
23
assistant in this State. This Act shall be liberally construed
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to best carry out these subjects and purposes.
2
Section 10.
Definitions.
As used in this Act:
3
"Address of record" means the address recorded by the
4
Department in the applicant's application file or the
5
licensee's license file, as maintained by the Department's
6
licensure maintenance unit.
7
"Anesthesiologist" means a physician licensed to practice
8
medicine in all its branches by the Department who has
9
completed a residency in anesthesiology approved by the
10
American Board of Anesthesiology or the American Osteopathic
11
Board of Anesthesiology, is board eligible or board certified,
12
holds an unrestricted license, and is actively engaged in
13
clinical practice.
14
"Board" means the Illinois State Medical Board constituted
15
under the Medical Practice Act of 1987.
16
"Certified anesthesiologist assistant" means an individual
17
licensed by the Department to provide anesthesia services
18
under the supervision of an anesthesiologist.
19
"Department" means the Department of Financial and
20
Professional Regulation.
21
"Email address of record" means the designated email
22
address recorded by the Department in the applicant's
23
application file or the licensee's license file, as maintained
24
by the Department's licensure maintenance unit.
25
"Secretary" means the Secretary of Financial and
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Professional Regulation.
2
"Supervision" means overseeing the activities of, and
3
accepting responsibility for, the medical services rendered by
4
the certified anesthesiologist assistant and maintaining
5
physical proximity that allows the anesthesiologist to return
6
to reestablish direct contact with the patient to meet medical
7
needs and address any urgent or emergent clinical problems at
8
all times that medical services are rendered by the certified
9
anesthesiologist assistant.
10
Section 15.
Address of record; email address of record.
11
All applicants and licensees shall:
12
(1) provide a valid address and email address to the
13
Department, which shall serve as the address of record and
14
email address of record, respectively, at the time of
15
application for licensure or renewal of a license; and
16
(2) inform the Department of any change of address of
17
record or email address of record within 14 days after
18
such change either through the Department's website or by
19
contacting the Department's licensure maintenance unit.
20
Section 20.
Powers and duties of the Department. Subject
21
to the provisions of this Act, the Department shall exercise
22
the following functions, powers, and duties:
23
(1) Conduct or authorize examinations to ascertain the
24
qualifications and fitness of candidates for a license to
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1
engage in the practice of certified anesthesiologist
2
assistant, pass upon the qualifications of applicants for
3
licenses, and issue licenses to those who are found to be
4
fit and qualified.
5
(2) Adopt rules required for the administration and
6
enforcement of this Act.
7
(3) Prescribe forms to be issued or electronic means
8
for the administration and enforcement of this Act and
9
rules adopted pursuant to this Act.
10
(4) Conduct investigations related to possible
11
violations of this Act and rules adopted pursuant to this
12
Act.
13
(5) Conduct hearings on proceedings to refuse to issue
14
or renew licenses or to revoke, suspend, place on
15
probation, reprimand, or otherwise discipline a license
16
under this Act or take other nondisciplinary action.
17
Section 25.
Applicability.
This Act does not prohibit:
18
(1) Any person licensed in this State under any other
19
Act from engaging in the practice for which the person is
20
licensed.
21
(2) The practice as a certified anesthesiologist
22
assistant by a person who is employed by the United States
23
government or any bureau, division, or agency thereof
24
while in the discharge of the employee's official duties.
25
(3) The practice as a certified anesthesiologist
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assistant that is included in the certified
2
anesthesiologist assistant's program of study by students
3
enrolled in schools.
4
Section 30.
Title; advertising; billing.
5
(a) No certified anesthesiologist assistant shall use the
6
title of doctor or associate with the licensee's name or any
7
other term in the clinical setting or while in contact with
8
patients under the licensee's care that would indicate to
9
other persons that the licensee is qualified to engage in the
10
general independent practice of anesthesiology or
11
interventional pain management.
12
(b) A licensee shall include in every advertisement for
13
services regulated under this Act the licensee's title as it
14
appears on the license or the initials authorized under this
15
Act.
16
(c) A certified anesthesiologist assistant shall not be
17
allowed to bill patients or in any way charge for services.
18
Nothing in this Act, however, shall be so construed as to
19
prevent the employer of a certified anesthesiologist assistant
20
from charging for services rendered by the certified
21
anesthesiologist assistant. Payment for services rendered by a
22
certified anesthesiologist assistant shall be made to the
23
certified anesthesiologist assistant's employer if the payor
24
would have made payment had the services been provided by an
25
anesthesiologist.
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Section 35.
Supervision requirements.
2
(a) As used in this Section, "supervision" means the use
3
of the powers of direction and decision to coordinate, direct,
4
and inspect the accomplishment of another, and to oversee the
5
implementation of the anesthesiologist's intentions.
6
(b) A certified anesthesiologist assistant may deliver
7
medical care only under the supervision of an anesthesiologist
8
and only as described in a supervision agreement between the
9
certified anesthesiologist assistant and an anesthesiologist
10
who represents the certified anesthesiologist assistant's
11
employer. The supervising anesthesiologist shall be
12
immediately available at all times while supervising a
13
certified anesthesiologist assistant. The Department shall
14
establish by rule the maximum number of certified
15
anesthesiologist assistants that may be supervised by the
16
supervising anesthesiologist and that number shall align with
17
the national standards and maximum ratio set by the Centers
18
for Medicare and Medicaid Services.
19
For the purposes of this Section, "immediately available"
20
means the medically directing anesthesiologist being in such
21
physical proximity to allow the anesthesiologist to return to
22
reestablish direct contact with the patient to meet the
23
patient's medical needs and address any urgent or emergent
24
problems. These responsibilities may also be met through
25
careful coordination among anesthesiologists of the same group
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1
or department. It is recognized that the design and size of
2
various facilities, the severity of patient illnesses, and the
3
complexity and demands of the particular surgical procedures
4
make it impossible to define a specific time or distance for
5
physical proximity.
6
(c) A certified anesthesiologist assistant's practice may
7
not exceed the licensee's education and training, the scope of
8
practice of the supervising anesthesiologist, and the practice
9
outlined in the certified anesthesiologist assistant
10
supervision agreement. A medical care task assigned by the
11
supervising anesthesiologist to the certified anesthesiologist
12
assistant may not be delegated by the certified
13
anesthesiologist assistant to another person, except for the
14
preceptorship of a student in an anesthesiologist assistant
15
training program.
16
(d) A certified anesthesiologist assistant may assist only
17
the supervising anesthesiologist in the delivery of medical
18
care and may perform medical care tasks as well as any other
19
tasks within the scope of training and education of the
20
certified anesthesiologist assistant as assigned by the
21
supervising anesthesiologist.
22
(e) An anesthesiologist who represents a certified
23
anesthesiologist assistant's employer shall review the
24
supervision agreement with the certified anesthesiologist
25
assistant at least annually. The supervision agreement shall
26
be available for inspection at the location where the
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certified anesthesiologist assistant practices. The
2
supervision agreement may limit the practice of a certified
3
anesthesiologist assistant to less than the full scope of
4
practice authorized under this Act.
5
(f) A certified anesthesiologist assistant shall be
6
employed by a health care provider that is licensed in this
7
State for the primary purpose of providing the medical
8
services of physicians or that is an entity. If a certified
9
anesthesiologist assistant's employer is not an
10
anesthesiologist, the employer shall provide for, and not
11
interfere with, an anesthesiologist's supervision of the
12
certified anesthesiologist assistant.
13
(g) A student in an anesthesiologist assistant training
14
program may assist only an anesthesiologist in the delivery of
15
medical care and may perform only medical care tasks assigned
16
by the anesthesiologist. An anesthesiologist may delegate the
17
preceptorship of a student in an anesthesiologist assistant
18
training program to a qualified anesthesia provider. This
19
Section shall not be interpreted to limit the number of other
20
qualified anesthesia providers an anesthesiologist may
21
supervise.
22
(h) A student in an anesthesiologist assistant training
23
program shall be identified as a student anesthesiologist
24
assistant or an anesthesiologist assistant student and may not
25
be identified as an "intern", "resident", or "fellow".
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Section 40.
Application for licensure.
An application for
2
an original license shall be made to the Department in writing
3
on forms or electronically as prescribed by the Department and
4
shall be accompanied by the required fee, which shall not be
5
refundable. An application shall require information that, in
6
the judgment of the Department, will enable the Department to
7
pass on the qualifications of the applicant for a license.
8
An applicant has 3 years from the date of application to
9
complete the application process. If the process has not been
10
completed in 3 years, the application shall be denied, the fee
11
shall be forfeited, and the applicant must reapply and meet
12
the requirements in effect at the time of reapplication.
13
Section 45.
Social security number on license application.
14
In addition to any other information required to be contained
15
in the application, every application for an original license
16
under this Act shall include the applicant's social security
17
number or federal individual taxpayer identification number,
18
which shall be retained in the agency's records pertaining to
19
the license.
20
As soon as practical, the Department shall assign a
21
customer's identification number to each applicant for a
22
license. Every application for a renewal or restored license
23
shall require the applicant's customer identification number.
24
Section 50.
Qualifications for licensure.
A person shall
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be qualified for licensure as a certified anesthesiologist
2
assistant and the Department may issue a certified
3
anesthesiologist assistant license to such person, if the
4
person has done all of the following:
5
(1) Applied in writing or electronically in a form and
6
substance satisfactory to the Department and has not
7
violated any of the provisions of this Act or the rules
8
adopted under this Act. The Department may take into
9
consideration any felony conviction of the applicant but
10
shall deny the application if any conviction constitutes a
11
bar to licensure or is otherwise prohibited as provided by
12
law.
13
(2) Submitted evidence satisfactory to the Department
14
that the applicant has:
15
(A) obtained a master's degree in anesthesia from
16
an anesthesiologist assistant program approved by the
17
Department; and
18
(B) passed an examination approved by the
19
Department.
20
(3) Complied with all applicable rules of the
21
Department.
22
Section 55.
Endorsement.
Upon payment of the required fee,
23
the Department may, in its discretion, license as a certified
24
anesthesiologist assistant any person who is a certified
25
anesthesiologist assistant licensed in another jurisdiction,
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if the requirements for licensure in that jurisdiction were on
2
the date of licensure either substantially equivalent to the
3
requirements in force in this State on that date or equivalent
4
to the requirements of this Act and the rules adopted under
5
this Act and not otherwise prohibited by law.
6
Section 60.
Criminal history records background check.
7
Each applicant for licensure under Sections 40, 50, and 55
8
shall have the applicant's fingerprints submitted to the
9
Illinois State Police in an electronic format that complies
10
with the form and manner for requesting and furnishing
11
criminal history record information as prescribed by the
12
Illinois State Police. These fingerprints shall be checked
13
against the Illinois State Police and Federal Bureau of
14
Investigation criminal history record databases now and
15
hereafter filed. The Illinois State Police shall charge
16
applicants a fee for conducting the criminal history records
17
check, which shall be deposited into the State Police Services
18
Fund and shall not exceed the actual cost of the records check.
19
The Illinois State Police shall furnish, pursuant to positive
20
identification, records of Illinois convictions to the
21
Department. The Department may require applicants to pay a
22
separate fingerprinting fee, either to the Department or to a
23
vendor designated or approved by the Department. The
24
Department, in its discretion, may allow an applicant who does
25
not have reasonable access to a designated vendor to provide
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1
the applicant's fingerprints in an alternative manner. The
2
Department may adopt any rules necessary to implement this
3
Section.
4
Section 65.
Fees; deposit of fees and fines.
5
(a) The fees for the administration and enforcement of
6
this Act, including, but not limited to, fees for original
7
licensure, renewal, and restoration, shall be set by rule. The
8
fees shall not be refundable.
9
(b) All of the fees and fines collected under this Act
10
shall be deposited into the Illinois State Medical
11
Disciplinary Fund and be appropriated to the Department for
12
the ordinary and contingent expenses of the Department in the
13
administration and enforcement of this Act.
14
Section 70.
Checks or order to Department dishonored
15
because of insufficient funds.
Any person who delivers a check
16
or other payment to the Department that is returned to the
17
Department unpaid by the financial institution upon which it
18
is drawn shall pay to the Department, in addition to the amount
19
already owed to the Department, a fine of $50. The fines
20
imposed by this Section are in addition to any other
21
discipline provided under this Act for unlicensed practice or
22
practice on a nonrenewed license. The Department shall notify
23
the person that payment of fees and fines shall be paid to the
24
Department by certified check or money order within 30
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calendar days after the notification. If, after the expiration
2
of 30 days after the date of the notification, the person has
3
failed to submit the necessary remittance, the Department
4
shall automatically terminate the license or deny the
5
application, without hearing. If, after termination or denial,
6
the person seeks a license, the person shall apply to the
7
Department for restoration or issuance of the license and pay
8
all fees and fines due to the Department. The Department may
9
establish a fee for the processing of an application for
10
restoration of a license to pay all expenses of processing
11
this application. The Secretary may waive the fines due under
12
this Section in individual cases in which the Secretary finds
13
that the fines would be unreasonable or unnecessarily
14
burdensome.
15
Section 75.
Identification.
No person may designate
16
oneself as a certified anesthesiologist assistant, use or
17
assume the title "certified anesthesiologist assistant", or
18
append to the person's name the words or letters "certified
19
anesthesiologist assistant" or "C.A.A." or any other titles,
20
letters, or designation that represents or may tend to
21
represent the person as a certified anesthesiologist assistant
22
unless the person is licensed as a certified anesthesiologist
23
assistant by the Department. A certified anesthesiologist
24
assistant shall be clearly identified as a certified
25
anesthesiologist assistant.
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1
Section 80.
Unlicensed practice; violation; civil penalty.
2
(a) Any person who practices, offers to practice, attempts
3
to practice, or holds oneself out to practice as a certified
4
anesthesiologist assistant without being licensed under this
5
Act shall, in addition to any other penalty provided by law,
6
pay a civil penalty to the Department in an amount not to
7
exceed $10,000 for each offense as determined by the
8
Department. The civil penalty shall be assessed by the
9
Department after a hearing is held in accordance with the
10
provisions set forth in this Act regarding the provision of a
11
hearing for the discipline of a licensee.
12
(b) The Department has the authority and power to
13
investigate any and all unlicensed activity.
14
(c) The civil penalty shall be paid within 60 days after
15
the effective date of the order imposing the civil penalty.
16
The order shall constitute a judgment and may be filed and
17
execution had thereon in the same manner as any judgment from
18
any court of record.
19
Section 85.
Expiration and renewal of license.
The
20
expiration date and renewal period for each license issued
21
under this Act shall be set by rule. Renewal shall be
22
conditioned on paying the required fee and by meeting such
23
other requirements as may be established by law or rule,
24
including completion of continuing education.
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Any certified anesthesiologist assistant who has permitted
2
the license to expire or who has had the license on inactive
3
status may have the license restored by making application to
4
the Department and filing proof acceptable to the Department
5
of the individual's fitness to have the license restored, and
6
by paying the required fees. Proof of fitness may include
7
sworn evidence certifying to active lawful practice in another
8
jurisdiction.
9
If the certified anesthesiologist assistant has not
10
maintained an active practice in another jurisdiction
11
satisfactory to the Department, the Department shall
12
determine, by an evaluation program established by rule, the
13
individual's fitness for restoration of the license and shall
14
establish procedures and requirements for such restoration.
15
However, any certified anesthesiologist assistant whose
16
license expired while the individual was (i) in federal
17
service on active duty with the Armed Forces of the United
18
States, or the State Militia called into service or training,
19
or (ii) in training or education under the supervision of the
20
United States preliminary to induction into the military
21
service, may have the individual's license restored without
22
paying any lapsed renewal fees if within 2 years after
23
honorable termination of such service, training, or education
24
the individual furnishes the Department with satisfactory
25
evidence to the effect that the individual has been so engaged
26
and that the individual's service, training, or education has
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1
been so terminated.
2
Section 90.
Inactive status.
Any certified
3
anesthesiologist assistant who notifies the Department in
4
writing on forms prescribed by the Department, may elect to
5
place the license on an inactive status and shall, subject to
6
rules of the Department, be excused from payment of renewal
7
fees until the individual notifies the Department in writing
8
of the individual's intention to restore the license.
9
Any certified anesthesiologist assistant requesting
10
restoration from inactive status shall be required to pay the
11
current renewal fee and shall be required to restore the
12
license, as provided in Section 85.
13
Any certified anesthesiologist assistant whose license is
14
in an inactive status shall not practice in this State.
15
Any certified anesthesiologist assistant who engages in
16
practice while the license is lapsed or on inactive status
17
shall be considered to be practicing without a license, which
18
shall be grounds for discipline under Sections 80 and 95.
19
Section 95.
Grounds for disciplinary action.
20
(a) The Department may refuse to issue or renew, or may
21
revoke, suspend, place on probation, reprimand, or take other
22
disciplinary or nondisciplinary action with regard to any
23
license issued under this Act as the Department may deem
24
proper, including the issuance of fines not to exceed $10,000
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1
for each violation, for any one or a combination of the
2
following causes:
3
(1) Material misstatement in furnishing information to
4
the Department.
5
(2) Violations of this Act or the rules adopted under
6
this Act.
7
(3) Conviction by plea of guilty or nolo contendere,
8
finding of guilt, jury verdict, or entry of judgment or
9
sentencing, including, but not limited to, convictions,
10
preceding sentences of supervision, conditional discharge,
11
or first offender probation, under the laws of any
12
jurisdiction of the United States that is: (i) a felony;
13
or (ii) a misdemeanor an essential element of which is
14
dishonesty or that is directly related to the practice of
15
the profession.
16
(4) Making any misrepresentation for the purpose of
17
obtaining licenses.
18
(5) Professional incompetence.
19
(6) Aiding or assisting another person in violating
20
any provision of this Act or its rules.
21
(7) Failing, within 60 days, to provide information in
22
response to a written request made by the Department.
23
(8) Engaging in dishonorable, unethical, or
24
unprofessional conduct, as defined by rule, of a character
25
likely to deceive, defraud, or harm the public.
26
(9) Habitual or excessive use or addiction to alcohol,
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narcotics, stimulants, or any other chemical agent or drug
2
that results in a certified anesthesiologist assistant's
3
inability to practice with reasonable judgment, skill, or
4
safety.
5
(10) Discipline by another U.S. jurisdiction or
6
foreign nation, if at least one of the grounds for
7
discipline is the same or substantially equivalent to
8
those set forth in this Section.
9
(11) Directly or indirectly giving to or receiving
10
from any person, firm, corporation, partnership, or
11
association any fee, commission, rebate, or other form of
12
compensation for any professional services not actually or
13
personally rendered. Nothing in this paragraph affects any
14
bona fide independent contractor or employment
15
arrangements, which may include provisions for
16
compensation, health insurance, pension, or other
17
employment benefits, with persons or entities authorized
18
under this Act for the provision of services within the
19
scope of the licensee's practice under this Act.
20
(12) A finding by the Board that the licensee, after
21
having the licensee's license placed on probationary
22
status has violated the terms of probation.
23
(13) Abandonment of a patient.
24
(14) Willfully making or filing false records or
25
reports in the certified anesthesiologist assistant's
26
practice, including, but not limited to, false records
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filed with State agencies or departments.
2
(15) Willfully failing to report an instance of
3
suspected child abuse or neglect as required by the Abused
4
and Neglected Child Reporting Act.
5
(16) Physical illness or mental illness or impairment
6
that results in the inability to practice the profession
7
with reasonable judgment, skill, or safety, including, but
8
not limited to, deterioration through the aging process or
9
loss of motor skill.
10
(17) Being named as a perpetrator in an indicated
11
report by the Department of Children and Family Services
12
under the Abused and Neglected Child Reporting Act, and
13
upon proof by clear and convincing evidence that the
14
licensee has caused a child to be an abused child or
15
neglected child as defined in the Abused and Neglected
16
Child Reporting Act.
17
(18) Gross negligence resulting in the permanent
18
injury or death of a patient.
19
(19) Employment of fraud, deception, or any unlawful
20
means in applying for or securing a license as a certified
21
anesthesiologist assistant.
22
(20) Exceeding the authority delegated to the
23
certified anesthesiologist assistant by the certified
24
anesthesiologist assistant's supervising
25
anesthesiologist.
26
(21) Immoral conduct in the commission of any act,
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such as sexual abuse, sexual misconduct, or sexual
2
exploitation related to the licensee's practice.
3
(22) Violation of the Health Care Worker Self-Referral
4
Act.
5
(23) Practicing under a false or assumed name, except
6
as provided by law.
7
(24) Making a false or misleading statement regarding
8
the certified anesthesiologist assistant's skill or the
9
efficacy or value of the medicine, treatment, or remedy
10
prescribed by the certified anesthesiologist assistant in
11
the course of treatment.
12
(25) Allowing another person to use the certified
13
anesthesiologist assistant's license to practice.
14
(26) Prescribing, selling, administering,
15
distributing, giving, or self-administering a drug
16
classified as a controlled substance for other than
17
medically accepted therapeutic purposes.
18
(27) Promotion of the sale of drugs, devices,
19
appliances, or goods provided for a patient in a manner to
20
exploit the patient for financial gain.
21
(28) A pattern of practice or other behavior that
22
demonstrates incapacity or incompetence to practice under
23
this Act.
24
(29) Violating State or federal laws, rules, or
25
regulations relating to controlled substances or other
26
legend drugs or ephedra as defined in the Ephedra
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Prohibition Act.
2
(30) Failure to establish and maintain records of
3
patient care and treatment as required by law.
4
(31) Attempting to subvert or cheat on the designated
5
examination for licensure.
6
(32) Willfully or negligently violating the
7
confidentiality between the certified anesthesiologist
8
assistant and patient, except as required by law.
9
(33) Willfully failing to report an instance of
10
suspected abuse, neglect, financial exploitation, or
11
self-neglect of an eligible adult as defined in and
12
required by the Adult Protective Services Act.
13
(34) Being named as an abuser in a verified report by
14
the Department on Aging under the Adult Protective
15
Services Act and upon proof by clear and convincing
16
evidence that the licensee abused, neglected, or
17
financially exploited an eligible adult as defined in the
18
Adult Protective Services Act.
19
(35) Failure to report to the Department an adverse
20
final action taken against the certified anesthesiologist
21
assistant by another licensing jurisdiction of the United
22
States or a foreign state or country, a peer review body, a
23
health care institution, a professional society or
24
association, a governmental agency, a law enforcement
25
agency, or a court for acts or conduct similar to acts or
26
conduct that would constitute grounds for action under
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this Section.
2
(36) Failure to provide copies of records of patient
3
care or treatment, except as required by law.
4
(37) Violating the Compassionate Use of Medical
5
Cannabis Program Act.
6
(b) The Department may, without a hearing, refuse to issue
7
or renew or may suspend the license of any person who (i) fails
8
to file a return, or to pay the tax, penalty, or interest shown
9
in a filed return, or to pay any final assessment of the tax,
10
penalty, or interest as required by any tax Act administered
11
by the Department of Revenue, until the requirements of any
12
such tax Act are satisfied or (ii) fails to pay any
13
court-ordered child support as determined by a court order or
14
by referral from the Department of Healthcare and Family
15
Services, until the requirements of any such court order are
16
satisfied.
17
(c) The determination by a circuit court that a licensee
18
is subject to involuntary admission or judicial admission as
19
provided in the Mental Health and Developmental Disabilities
20
Code operates as an automatic suspension. The suspension will
21
end only upon a finding by a court that the patient is no
22
longer subject to involuntary admission or judicial admission
23
and issues an order so finding and discharging the patient,
24
and upon the recommendation of the Board to the Secretary that
25
the licensee be allowed to resume the licensee's practice.
26
(d) In enforcing this Section, the Department upon a
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showing of a possible violation may compel an individual
2
licensed to practice under this Act, or who has applied for
3
licensure under this Act, to submit to a mental or physical
4
examination, or both, which may include a substance abuse or
5
sexual offender evaluation, as required by and at the expense
6
of the Department.
7
The Department shall specifically designate the examining
8
physician licensed to practice medicine in all of its branches
9
or, if applicable, the multidisciplinary team involved in
10
providing the mental or physical examination or both. The
11
multidisciplinary team shall be led by a physician licensed to
12
practice medicine in all of its branches and may consist of one
13
or more or a combination of physicians licensed to practice
14
medicine in all of its branches, licensed clinical
15
psychologists, licensed clinical social workers, licensed
16
clinical professional counselors, and other professional and
17
administrative staff. Any examining physician or member of the
18
multidisciplinary team may require any person ordered to
19
submit to an examination pursuant to this Section to submit to
20
any additional supplemental testing deemed necessary to
21
complete any examination or evaluation process, including, but
22
not limited to, blood testing, urinalysis, psychological
23
testing, or neuropsychological testing.
24
The Department may order the examining physician or any
25
member of the multidisciplinary team to provide to the
26
Department any and all records, including business records,
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that relate to the examination and evaluation, including any
2
supplemental testing performed.
3
The Department may order the examining physician or any
4
member of the multidisciplinary team to present testimony
5
concerning the mental or physical examination of the licensee
6
or applicant. No information, report, record, or other
7
documents in any way related to the examination shall be
8
excluded by reason of any common law or statutory privilege
9
relating to communications between the licensee or applicant
10
and the examining physician or any member of the
11
multidisciplinary team. No authorization is necessary from the
12
licensee or applicant ordered to undergo an examination for
13
the examining physician or any member of the multidisciplinary
14
team to provide information, reports, records, or other
15
documents or to provide any testimony regarding the
16
examination and evaluation.
17
The individual to be examined may have, at the
18
individual's own expense, another physician of the
19
individual's choice present during all aspects of this
20
examination. However, that physician shall be present only to
21
observe and may not interfere in any way with the examination.
22
Failure of an individual to submit to a mental or physical
23
examination, when ordered, shall result in an automatic
24
suspension of the individual's license until the individual
25
submits to the examination.
26
If the Department finds an individual unable to practice
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because of the reasons set forth in this Section, the
2
Department may require that individual to submit to care,
3
counseling, or treatment by physicians approved or designated
4
by the Department, as a condition, term, or restriction for
5
continued, reinstated, or renewed licensure to practice; or,
6
in lieu of care, counseling, or treatment, the Department may
7
file a complaint to immediately suspend, revoke, or otherwise
8
discipline the license of the individual. An individual whose
9
license was granted, continued, reinstated, renewed,
10
disciplined, or supervised subject to such terms, conditions,
11
or restrictions, and who fails to comply with such terms,
12
conditions, or restrictions, shall be referred to the
13
Secretary for a determination as to whether the individual
14
shall have the individual's license suspended immediately,
15
pending a hearing by the Department.
16
In instances in which the Secretary immediately suspends
17
an individual's license under this Section, a hearing on that
18
individual's license must be convened by the Department within
19
30 days after the suspension and completed without appreciable
20
delay. The Department shall have the authority to review the
21
subject individual's record of treatment and counseling
22
regarding the impairment to the extent permitted by applicable
23
federal statutes and regulations safeguarding the
24
confidentiality of medical records.
25
An individual licensed under this Act and affected under
26
this Section shall be afforded an opportunity to demonstrate
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to the Department that the individual can resume practice in
2
compliance with acceptable and prevailing standards under the
3
provisions of the individual's license.
4
(e) An individual or organization acting in good faith,
5
and not in a willful and wanton manner, in complying with this
6
Section by providing a report or other information to the
7
Board, by assisting in the investigation or preparation of a
8
report or information, by participating in proceedings of the
9
Board, or by serving as a member of the Board, shall not be
10
subject to criminal prosecution or civil damages as a result
11
of such actions.
12
(f) Members of the Board shall be indemnified by the State
13
for any actions occurring within the scope of services of the
14
Board, done in good faith and not willful and wanton in nature.
15
The Attorney General shall defend all such actions unless the
16
Attorney General determines either that there would be a
17
conflict of interest in such representation or that the
18
actions complained of were not in good faith or were willful
19
and wanton.
20
If the Attorney General declines representation, the
21
member has the right to employ counsel of the member's choice,
22
whose fees shall be provided by the State, after approval by
23
the Attorney General, unless there is a determination by a
24
court that the member's actions were not in good faith or were
25
willful and wanton.
26
The member must notify the Attorney General within 7 days
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after receipt of notice of the initiation of any action
2
involving services of the Board. Failure to so notify the
3
Attorney General constitutes an absolute waiver of the right
4
to a defense and indemnification.
5
The Attorney General shall determine, within 7 days after
6
receiving such notice, whether the Attorney General will
7
undertake to represent the member.
8
Section 100.
Continuing education.
The Department shall
9
adopt rules for continuing education for persons licensed
10
under this Act. The continuing education rules shall ensure
11
that licensees are given the opportunity to participate in
12
programs sponsored by or through their State or national
13
professional organizations, hospitals, or other providers of
14
continuing education. The rules shall also address waivers in
15
part or in whole for good cause, including, but not limited to,
16
illness or hardship. Each licensee is responsible for
17
maintaining records of completion of continuing education and
18
shall be prepared to produce the records when requested by the
19
Department.
20
Section 105.
Violations; injunction; cease and desist
21
order.
22
(a) If any person violates the provisions of this Act, the
23
Secretary may, in the name of the People of the State of
24
Illinois, through the Attorney General, petition for an order
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enjoining such violation or for an order enforcing compliance
2
with this Act. Upon the filing of a verified petition, the
3
court with appropriate jurisdiction may issue a temporary
4
restraining order without notice or bond, and may
5
preliminarily and permanently enjoin such violation. If it is
6
established that such person has violated or is violating the
7
injunction, the court may punish the offender for contempt of
8
court. Proceedings under this Section shall be in addition to
9
all other remedies and penalties provided by this Act.
10
(b) Whenever, in the opinion of the Department, a person
11
violates any provision of this Act, the Department may issue a
12
rule to show cause why an order to cease and desist should not
13
be entered against such person. The rule shall clearly set
14
forth the grounds relied upon by the Department and shall
15
allow at least 7 days from the date of the rule to file an
16
answer satisfactory to the Department. Failure to answer to
17
the satisfaction of the Department shall cause an order to
18
cease and desist to be issued.
19
Section 110.
Investigations; notice and hearing.
20
(a) The Department may investigate the actions of any
21
applicant or of any person holding or claiming to hold a
22
license under this Act.
23
(b) The Department shall, before disciplining an applicant
24
or licensee, at least 30 days prior to the date set for the
25
hearing: (i) notify, in writing, the accused of the charges
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made and the time and place for the hearing on the charges,
2
(ii) direct the person to file a written answer to the charges
3
under oath within 20 days after the service of the notice, and
4
(iii) inform the applicant or licensee that failure to file an
5
answer will result in a default being entered against the
6
applicant or licensee.
7
(c) Written or electronic notice, and any notice in the
8
subsequent proceeding, may be served by personal delivery, by
9
email, or by mail to the applicant or licensee at the
10
applicant's or licensee's address of record or email address
11
of record.
12
(d) At the time and place fixed in the notice, the Board or
13
hearing officer appointed by the Secretary shall proceed to
14
hear the charges and the parties or their counsel shall be
15
accorded ample opportunity to present any statements,
16
testimony, evidence, and argument as may be pertinent to the
17
charges or to their defense. The Board or hearing officer may
18
continue the hearing from time to time.
19
(e) In case the person, after receiving the notice, fails
20
to file an answer, the person's license may, in the discretion
21
of the Secretary, having first received the recommendation of
22
the Board, be suspended, revoked, or placed on probationary
23
status, or be subject to whatever disciplinary action the
24
Secretary deems proper, including limiting the scope, nature,
25
or extent of the person's practice or the imposition of a fine,
26
without hearing, if the act or acts charged constitute
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sufficient grounds for that action under the Act.
2
Section 115.
Record of proceedings; transcript.
The
3
Department, at its expense, shall preserve a record of all
4
proceedings at the formal hearing of any case. The notice of
5
hearing, complaint, all other documents in the nature of
6
pleadings, written motions filed in the proceedings, the
7
transcript of testimony, the report of the Board, and orders
8
of the Department shall be in the record of such proceeding.
9
The Department shall furnish a copy of the record to any person
10
upon payment of the fee required under Section 2105-115 of the
11
Department of Professional Regulation Law.
12
Section 120.
Subpoenas; depositions; oaths.
The Department
13
shall have the power to subpoena and to bring before it any
14
person and to take testimony either orally or by deposition,
15
or both, with the same fees and mileage and in the same manner
16
as prescribed in civil cases in the courts of this State.
17
The Secretary, the designated hearing officer, and every
18
member of the Board shall have power to administer oaths to
19
witnesses at any hearing which the Department is authorized to
20
conduct, and any other oath authorized in any Act administered
21
by the Department.
22
Section 125.
Compelling testimony.
Any court, upon
23
application of the Department, designated hearing officer, or
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the applicant or licensee against whom proceedings under this
2
Act are pending, may enter an order requiring the attendance
3
of witnesses and their testimony, and the production of
4
papers, files, books, and records in connection with any
5
hearing or investigation. The court may compel obedience to
6
its order by proceedings for contempt.
7
Section 130.
Findings and recommendations.
At the
8
conclusion of the hearing, the Board shall present to the
9
Secretary a written report of its findings of fact,
10
conclusions of law, and recommendations. The report shall
11
contain a finding whether or not the licensee violated this
12
Act or failed to comply with the conditions required in this
13
Act. The Board shall specify the nature of the violation or
14
failure to comply, and shall make its recommendations to the
15
Secretary.
16
Section 135.
Hearing; motion for rehearing.
17
(a) The Board or hearing officer appointed by the
18
Secretary shall hear evidence in support of the formal charges
19
and evidence produced by the licensee. At the conclusion of
20
the hearing, the Board shall present to the Secretary a
21
written report of its findings of fact, conclusions of law,
22
and recommendations.
23
(b) At the conclusion of the hearing, a copy of the hearing
24
officer's or Board's report shall be served upon the applicant
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or licensee by the Department, either personally or as
2
provided in this Act for the service of the notice of hearing.
3
Within 20 calendar days after service, the applicant or
4
licensee may present to the Secretary a motion in writing for a
5
rehearing which shall specify the particular grounds for
6
rehearing. The Department may respond to the motion for
7
rehearing within 20 calendar days after its service on the
8
Department. If no motion for rehearing is filed, then upon the
9
expiration of the time specified for filing such a motion, or
10
upon denial of a motion for rehearing, the Secretary may enter
11
an order in accordance with the recommendations of the Board
12
or hearing officer. If the applicant or licensee orders from
13
the reporting service and pays for a transcript of the record
14
within the time for filing a motion for rehearing, the 20-day
15
period within which a motion may be filed shall commence upon
16
the delivery of the transcript to the applicant or licensee.
17
(c) If the Secretary disagrees in any regard with the
18
report of the Board, the Secretary may issue an order contrary
19
to the report.
20
(d) Whenever the Secretary is not satisfied that
21
substantial justice has been done, the Secretary may order a
22
rehearing by the same or another hearing officer.
23
(e) At any point in any investigation or disciplinary
24
proceeding provided for in this Act, both parties may agree to
25
a negotiated consent order. The consent order shall be final
26
upon signature of the Secretary.
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Section 140.
Appointment of a hearing officer.
2
Notwithstanding any other provision of this Act, the Secretary
3
has the authority to appoint any attorney duly licensed to
4
practice law in the State of Illinois to serve as the hearing
5
officer in any action for refusal to issue or renew a license
6
or to discipline a licensee. The hearing officer shall have
7
full authority to conduct the hearing. The hearing officer
8
shall report the hearing officer's findings of fact,
9
conclusions of law, and recommendations to the Board.
10
Section 145.
Order or certified copy thereof; prima facie
11
proof.
An order or a certified copy thereof, over the seal of
12
the Department and purporting to be signed by the Secretary,
13
shall be prima facie proof that:
14
(1) such signature is the genuine signature of the
15
Secretary;
16
(2) such Secretary is duly appointed and qualified;
17
and
18
(3) the Board and the members thereof are qualified to
19
act.
20
Section 150.
Restoration.
At any time after the successful
21
completion of the minimum term of probation, suspension, or
22
revocation of any license, the Department may restore the
23
license to the licensee upon the written recommendation of the
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Board unless after an investigation and hearing the Board or
2
Secretary determines that restoration is not in the public
3
interest. Where circumstances of suspension or revocation so
4
indicate, the Secretary may require an examination of the
5
licensee prior to restoring the license. No person whose
6
license has been revoked as authorized in this Act may apply
7
for restoration of that license until such time as provided
8
for in the Civil Administrative Code of Illinois.
9
Section 155.
Surrender of license.
Upon the revocation or
10
suspension of any license, the licensee shall immediately
11
surrender the license to the Department. If the licensee fails
12
to do so, the Department shall have the right to seize the
13
license.
14
Section 160.
Summary suspension of a license.
The
15
Secretary may summarily suspend the license of a certified
16
anesthesiologist assistant without a hearing simultaneously
17
with the institution of proceedings for a hearing provided for
18
in this Act if the Secretary finds that evidence in the
19
Secretary's possession indicates that a licensee's
20
continuation in practice would constitute an imminent danger
21
to the public. In the event the Secretary summarily suspends
22
such license without a hearing, a hearing by the Board or
23
hearing officer shall be commenced within 30 calendar days
24
after the suspension has occurred.
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Section 165.
Administrative review.
2
(a) All final administrative decisions of the Secretary
3
are subject to judicial review pursuant to the Administrative
4
Review Law and all rules adopted pursuant thereto. The term
5
"administrative decision" is defined as in Section 3-101 of
6
the Code of Civil Procedure.
7
(b) Proceedings for judicial review shall be commenced in
8
the circuit court of the county in which the party applying for
9
review resides, but if the party is not a resident of Illinois,
10
the venue shall be in Sangamon County.
11
Section 170.
Certification of record; costs.
The
12
Department shall not be required to certify any record to the
13
court, to file an answer in court, or to otherwise appear in
14
any court in a judicial review proceeding, unless and until
15
the Department has received from the plaintiff payment of the
16
cost of furnishing and certifying the record, which costs
17
shall be determined by the Department. Failure on the part of
18
the plaintiff to file a receipt in court shall be grounds for
19
dismissal of the action.
20
Section 175.
Confidentiality.
All information collected by
21
the Department in the course of an examination or
22
investigation of a licensee or applicant, including, but not
23
limited to, any complaint against a licensee filed with the
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Department and information collected to investigate any such
2
complaint, shall be maintained for the confidential use of the
3
Department and shall not be disclosed. The Department may not
4
disclose the information to anyone other than law enforcement
5
officials, other regulatory agencies that have an appropriate
6
regulatory interest as determined by the Secretary, or a party
7
presenting a lawful subpoena to the Department. Information
8
and documents disclosed to a federal, State, county, or local
9
law enforcement agency shall not be disclosed by the agency
10
for any purpose to any other agency or person. A formal
11
complaint filed against a licensee by the Department or any
12
order issued by the Department against a licensee or applicant
13
shall be a public record, except as otherwise prohibited by
14
law.
15
Section 180.
Illinois Administrative Procedure Act.
The
16
Illinois Administrative Procedure Act is hereby expressly
17
adopted and incorporated herein as if all of the provisions of
18
that Act were included in this Act, except that the provision
19
of subsection (d) of Section 10-65 of the Illinois
20
Administrative Procedure Act that provides that at hearings
21
the licensee has the right to show compliance with all lawful
22
requirements for retention, continuation, or renewal of the
23
license is specifically excluded.
24
Section 185.
Home rule.
It is declared to be the public
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policy of this State, pursuant to paragraph (h) of Section 6 of
2
Article VII of the Illinois Constitution of 1970, that any
3
power or function set forth in this Act to be exercised by the
4
State is an exclusive State power or function. Such power or
5
function shall not be exercised concurrently, either directly
6
or indirectly, by any unit of local government, including home
7
rule units, except as otherwise provided in this Act.
8
Section 900.
The Regulatory Sunset Act is amended by
9
changing Section 4.40 as follows:
10
(5 ILCS 80/4.40)
11
Sec. 4.40.
Acts repealed on January 1, 2030.
The following
12
Acts are repealed on January 1, 2030:
13
The Auction License Act.
14
The Certified Anesthesiologist Assistant Practice Act.
15
The Genetic Counselor Licensing Act.
16
The Illinois Architecture Practice Act of 1989.
17
The Illinois Certified Shorthand Reporters Act of 1984.
18
The Illinois Professional Land Surveyor Act of 1989.
19
The Orthotics, Prosthetics, and Pedorthics Practice Act.
20
The Perfusionist Practice Act.
21
The Professional Engineering Practice Act of 1989.
22
The Real Estate License Act of 2000.
23
The Structural Engineering Practice Act of 1989.
24
(Source: P.A. 102-558, eff. 8-20-21; 103-763, eff. 1-1-25;
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103-816, eff. 8-9-24; revised 11-26-24.)
2
Section 905.
The Ambulatory Surgical Treatment Center Act
3
is amended by changing Section 6.5 as follows:
4
(210 ILCS 5/6.5)
5
Sec. 6.5.
Clinical privileges; advanced practice
6
registered nurses.
All ambulatory surgical treatment centers
7
(ASTC) licensed under this Act shall comply with the following
8
requirements:
9
(1) No ASTC policy, rule, regulation, or practice
10
shall be inconsistent with the provision of adequate
11
collaboration and consultation in accordance with Section
12
54.5 of the Medical Practice Act of 1987.
13
(2) Operative surgical procedures shall be performed
14
only by a physician licensed to practice medicine in all
15
its branches under the Medical Practice Act of 1987, a
16
dentist licensed under the Illinois Dental Practice Act,
17
or a podiatric physician licensed under the Podiatric
18
Medical Practice Act of 1987, with medical staff
19
membership and surgical clinical privileges granted by the
20
consulting committee of the ASTC. A licensed physician,
21
dentist, or podiatric physician may be assisted by a
22
physician licensed to practice medicine in all its
23
branches, dentist, dental assistant, podiatric physician,
24
licensed advanced practice registered nurse, licensed
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physician assistant, licensed registered nurse, licensed
2
practical nurse, surgical assistant, surgical technician,
3
licensed certified anesthesiologist assistant,
or other
4
individuals granted clinical privileges to assist in
5
surgery by the consulting committee of the ASTC. Payment
6
for services rendered by an assistant in surgery who is
7
not an ambulatory surgical treatment center employee shall
8
be paid at the appropriate non-physician modifier rate if
9
the payor would have made payment had the same services
10
been provided by a physician.
11
(2.5) A registered nurse licensed under the Nurse
12
Practice Act and qualified by training and experience in
13
operating room nursing shall be present in the operating
14
room and function as the circulating nurse during all
15
invasive or operative procedures. For purposes of this
16
paragraph (2.5), "circulating nurse" means a registered
17
nurse who is responsible for coordinating all nursing
18
care, patient safety needs, and the needs of the surgical
19
team in the operating room during an invasive or operative
20
procedure.
21
(3) An advanced practice registered nurse is not
22
required to possess prescriptive authority or a written
23
collaborative agreement meeting the requirements of the
24
Nurse Practice Act to provide advanced practice registered
25
nursing services in an ambulatory surgical treatment
26
center. An advanced practice registered nurse must possess
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clinical privileges granted by the consulting medical
2
staff committee and ambulatory surgical treatment center
3
in order to provide services. Individual advanced practice
4
registered nurses may also be granted clinical privileges
5
to order, select, and administer medications, including
6
controlled substances, to provide delineated care. The
7
attending physician must determine the advanced practice
8
registered nurse's role in providing care for his or her
9
patients, except as otherwise provided in the consulting
10
staff policies. The consulting medical staff committee
11
shall periodically review the services of advanced
12
practice registered nurses granted privileges.
13
(4) The anesthesia service shall be under the
14
direction of a physician licensed to practice medicine in
15
all its branches who has had specialized preparation or
16
experience in the area or who has completed a residency in
17
anesthesiology. An anesthesiologist, Board certified or
18
Board eligible, is recommended. Anesthesia services may
19
only be administered pursuant to the order of a physician
20
licensed to practice medicine in all its branches,
21
licensed dentist, or licensed podiatric physician.
22
(A) The individuals who, with clinical privileges
23
granted by the medical staff and ASTC, may administer
24
anesthesia services are limited to the following:
25
(i) an anesthesiologist; or
26
(ii) a physician licensed to practice medicine
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in all its branches; or
2
(iii) a dentist with authority to administer
3
anesthesia under Section 8.1 of the Illinois
4
Dental Practice Act; or
5
(iv) a licensed certified registered nurse
6
anesthetist; or
7
(v) a podiatric physician licensed under the
8
Podiatric Medical Practice Act of 1987
; or
.
9
(vi) a licensed certified anesthesiologist
10
assistant under the supervision of an
11
anesthesiologist.
12
(B) For anesthesia services, an anesthesiologist
13
shall participate through discussion of and agreement
14
with the anesthesia plan and shall remain physically
15
present and be available on the premises during the
16
delivery of anesthesia services for diagnosis,
17
consultation, and treatment of emergency medical
18
conditions. In the absence of 24-hour availability of
19
anesthesiologists with clinical privileges, an
20
alternate policy (requiring participation, presence,
21
and availability of a physician licensed to practice
22
medicine in all its branches) shall be developed by
23
the medical staff consulting committee in consultation
24
with the anesthesia service and included in the
25
medical staff consulting committee policies.
26
(C) A certified registered nurse anesthetist is
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not required to possess prescriptive authority or a
2
written collaborative agreement meeting the
3
requirements of Section 65-35 of the Nurse Practice
4
Act to provide anesthesia services ordered by a
5
licensed physician, dentist, or podiatric physician.
6
Licensed certified registered nurse anesthetists are
7
authorized to select, order, and administer drugs and
8
apply the appropriate medical devices in the provision
9
of anesthesia services under the anesthesia plan
10
agreed with by the anesthesiologist or, in the absence
11
of an available anesthesiologist with clinical
12
privileges, agreed with by the operating physician,
13
operating dentist, or operating podiatric physician in
14
accordance with the medical staff consulting committee
15
policies of a licensed ambulatory surgical treatment
16
center.
17
(Source: P.A. 99-642, eff. 7-28-16; 100-513, eff. 1-1-18
.)
18
Section 910.
The Hospital Licensing Act is amended by
19
changing Section 10.7 as follows:
20
(210 ILCS 85/10.7)
21
Sec. 10.7.
Clinical privileges; advanced practice
22
registered nurses.
All hospitals licensed under this Act
23
shall comply with the following requirements:
24
(1) No hospital policy, rule, regulation, or practice
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shall be inconsistent with the provision of adequate
2
collaboration and consultation in accordance with Section
3
54.5 of the Medical Practice Act of 1987.
4
(2) Operative surgical procedures shall be performed
5
only by a physician licensed to practice medicine in all
6
its branches under the Medical Practice Act of 1987, a
7
dentist licensed under the Illinois Dental Practice Act,
8
or a podiatric physician licensed under the Podiatric
9
Medical Practice Act of 1987, with medical staff
10
membership and surgical clinical privileges granted at the
11
hospital. A licensed physician, dentist, or podiatric
12
physician may be assisted by a physician licensed to
13
practice medicine in all its branches, dentist, dental
14
assistant, podiatric physician, licensed advanced practice
15
registered nurse, licensed physician assistant, licensed
16
registered nurse, licensed practical nurse, surgical
17
assistant, surgical technician,
licensed certified
18
anesthesiologist assistant,
or other individuals granted
19
clinical privileges to assist in surgery at the hospital.
20
Payment for services rendered by an assistant in surgery
21
who is not a hospital employee shall be paid at the
22
appropriate non-physician modifier rate if the payor would
23
have made payment had the same services been provided by a
24
physician.
25
(2.5) A registered nurse licensed under the Nurse
26
Practice Act and qualified by training and experience in
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operating room nursing shall be present in the operating
2
room and function as the circulating nurse during all
3
invasive or operative procedures. For purposes of this
4
paragraph (2.5), "circulating nurse" means a registered
5
nurse who is responsible for coordinating all nursing
6
care, patient safety needs, and the needs of the surgical
7
team in the operating room during an invasive or operative
8
procedure.
9
(3) An advanced practice registered nurse is not
10
required to possess prescriptive authority or a written
11
collaborative agreement meeting the requirements of the
12
Nurse Practice Act to provide advanced practice registered
13
nursing services in a hospital. An advanced practice
14
registered nurse must possess clinical privileges
15
recommended by the medical staff and granted by the
16
hospital in order to provide services. Individual advanced
17
practice registered nurses may also be granted clinical
18
privileges to order, select, and administer medications,
19
including controlled substances, to provide delineated
20
care. The attending physician must determine the advanced
21
practice registered nurse's role in providing care for his
22
or her patients, except as otherwise provided in medical
23
staff bylaws. The medical staff shall periodically review
24
the services of advanced practice registered nurses
25
granted privileges. This review shall be conducted in
26
accordance with item (2) of subsection (a) of Section 10.8
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of this Act for advanced practice registered nurses
2
employed by the hospital.
3
(4) The anesthesia service shall be under the
4
direction of a physician licensed to practice medicine in
5
all its branches who has had specialized preparation or
6
experience in the area or who has completed a residency in
7
anesthesiology. An anesthesiologist, Board certified or
8
Board eligible, is recommended. Anesthesia services may
9
only be administered pursuant to the order of a physician
10
licensed to practice medicine in all its branches,
11
licensed dentist, or licensed podiatric physician.
12
(A) The individuals who, with clinical privileges
13
granted at the hospital, may administer anesthesia
14
services are limited to the following:
15
(i) an anesthesiologist; or
16
(ii) a physician licensed to practice medicine
17
in all its branches; or
18
(iii) a dentist with authority to administer
19
anesthesia under Section 8.1 of the Illinois
20
Dental Practice Act; or
21
(iv) a licensed certified registered nurse
22
anesthetist; or
23
(v) a podiatric physician licensed under the
24
Podiatric Medical Practice Act of 1987
; or
.
25
(vi) a licensed certified anesthesiologist
26
assistant under the supervision of an
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1
anesthesiologist.
2
(B) For anesthesia services, an anesthesiologist
3
shall participate through discussion of and agreement
4
with the anesthesia plan and shall remain physically
5
present and be available on the premises during the
6
delivery of anesthesia services for diagnosis,
7
consultation, and treatment of emergency medical
8
conditions. In the absence of 24-hour availability of
9
anesthesiologists with medical staff privileges, an
10
alternate policy (requiring participation, presence,
11
and availability of a physician licensed to practice
12
medicine in all its branches) shall be developed by
13
the medical staff and licensed hospital in
14
consultation with the anesthesia service.
15
(C) A certified registered nurse anesthetist is
16
not required to possess prescriptive authority or a
17
written collaborative agreement meeting the
18
requirements of Section 65-35 of the Nurse Practice
19
Act to provide anesthesia services ordered by a
20
licensed physician, dentist, or podiatric physician.
21
Licensed certified registered nurse anesthetists are
22
authorized to select, order, and administer drugs and
23
apply the appropriate medical devices in the provision
24
of anesthesia services under the anesthesia plan
25
agreed with by the anesthesiologist or, in the absence
26
of an available anesthesiologist with clinical
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privileges, agreed with by the operating physician,
2
operating dentist, or operating podiatric physician in
3
accordance with the hospital's alternative policy.
4
(Source: P.A. 99-642, eff. 7-28-16; 100-513, eff. 1-1-18
.)
5
Section 915.
The Medical Practice Act of 1987 is amended
6
by changing Sections 7.1 and 54.5 and by adding Section 54.7 as
7
follows:
8
(225 ILCS 60/7.1)
9
(Section scheduled to be repealed on January 1, 2027)
10
Sec. 7.1.
Medical Board.
11
(A) There is hereby created the Illinois State Medical
12
Board. The Medical Board shall consist of
18
17
members, to be
13
appointed by the Governor by and with the advice and consent of
14
the Senate. All members shall be residents of the State, not
15
more than
9
8
of whom shall be members of the same political
16
party. All members shall be voting members. Eight members
17
shall be physicians licensed to practice medicine in all of
18
its branches in Illinois possessing the degree of doctor of
19
medicine. Two members shall be physicians licensed to practice
20
medicine in all its branches in Illinois possessing the degree
21
of doctor of osteopathy or osteopathic medicine. Two of the
22
physician members shall be physicians who collaborate with
23
physician assistants. Two members shall be chiropractic
24
physicians licensed to practice in Illinois and possessing the
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1
degree of doctor of chiropractic. Two members shall be
2
physician assistants licensed to practice in Illinois.
One
3
member shall be a certified anesthesiologist assistant
4
licensed to practice in Illinois.
Three members shall be
5
members of the public, who shall not be engaged in any way,
6
directly or indirectly, as providers of health care.
7
(B) Members of the Medical Board shall be appointed for
8
terms of 4 years. Upon the expiration of the term of any
9
member, their successor shall be appointed for a term of 4
10
years by the Governor by and with the advice and consent of the
11
Senate. The Governor shall fill any vacancy for the remainder
12
of the unexpired term with the advice and consent of the
13
Senate. Upon recommendation of the Medical Board, any member
14
of the Medical Board may be removed by the Governor for
15
misfeasance, malfeasance, or willful neglect of duty, after
16
notice, and a public hearing, unless such notice and hearing
17
shall be expressly waived in writing. Each member shall serve
18
on the Medical Board until their successor is appointed and
19
qualified. No member of the Medical Board shall serve more
20
than 2 consecutive 4-year terms.
21
In making appointments the Governor shall attempt to
22
ensure that the various social and geographic regions of the
23
State of Illinois are properly represented.
24
In making the designation of persons to act for the
25
several professions represented on the Medical Board, the
26
Governor shall give due consideration to recommendations by
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1
members of the respective professions and by organizations
2
therein.
3
(C) The Medical Board shall annually elect one of its
4
voting members as chairperson and one as vice chairperson. No
5
officer shall be elected more than twice in succession to the
6
same office. Each officer shall serve until their successor
7
has been elected and qualified.
8
(D) A majority of the Medical Board members currently
9
appointed shall constitute a quorum. A vacancy in the
10
membership of the Medical Board shall not impair the right of a
11
quorum to exercise all the rights and perform all the duties of
12
the Medical Board. Any action taken by the Medical Board under
13
this Act may be authorized by resolution at any regular or
14
special meeting and each such resolution shall take effect
15
immediately. The Medical Board shall meet at least quarterly.
16
(E) Each member shall be paid their necessary expenses
17
while engaged in the performance of their duties.
18
(F) The Secretary shall select a Chief Medical Coordinator
19
and not less than 2 Deputy Medical Coordinators who shall not
20
be members of the Medical Board. Each medical coordinator
21
shall be a physician licensed to practice medicine in all of
22
its branches, and the Secretary shall set their rates of
23
compensation. The Secretary shall assign at least one medical
24
coordinator to a region composed of Cook County and such other
25
counties as the Secretary may deem appropriate, and such
26
medical coordinator or coordinators shall locate their office
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1
in Chicago. The Secretary shall assign at least one medical
2
coordinator to a region composed of the balance of counties in
3
the State, and such medical coordinator or coordinators shall
4
locate their office in Springfield. The Chief Medical
5
Coordinator shall be the chief enforcement officer of this
6
Act. None of the functions, powers, or duties of the
7
Department with respect to policies regarding enforcement or
8
discipline under this Act, including the adoption of such
9
rules as may be necessary for the administration of this Act,
10
shall be exercised by the Department except upon review of the
11
Medical Board.
12
(G) The Secretary shall employ, in conformity with the
13
Personnel Code, investigators who are college graduates with
14
at least 2 years of investigative experience or one year of
15
advanced medical education. Upon the written request of the
16
Medical Board, the Secretary shall employ, in conformity with
17
the Personnel Code, such other professional, technical,
18
investigative, and clerical help, either on a full or
19
part-time basis as the Medical Board deems necessary for the
20
proper performance of its duties.
21
(H) Upon the specific request of the Medical Board, signed
22
by either the chairperson, vice chairperson, or a medical
23
coordinator of the Medical Board, the Department of Human
24
Services, the Department of Healthcare and Family Services,
25
the Department of State Police, or any other law enforcement
26
agency located in this State shall make available any and all
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1
information that they have in their possession regarding a
2
particular case then under investigation by the Medical Board.
3
(I) Members of the Medical Board shall be immune from suit
4
in any action based upon any disciplinary proceedings or other
5
acts performed in good faith as members of the Medical Board.
6
(J) The Medical Board may compile and establish a
7
statewide roster of physicians and other medical
8
professionals, including the several medical specialties, of
9
such physicians and medical professionals, who have agreed to
10
serve from time to time as advisors to the medical
11
coordinators. Such advisors shall assist the medical
12
coordinators or the Medical Board in their investigations and
13
participation in complaints against physicians. Such advisors
14
shall serve under contract and shall be reimbursed at a
15
reasonable rate for the services provided, plus reasonable
16
expenses incurred. While serving in this capacity, the
17
advisor, for any act undertaken in good faith and in the
18
conduct of his or her duties under this Section, shall be
19
immune from civil suit.
20
(Source: P.A. 102-20, eff. 1-1-22
.)
21
(225 ILCS 60/54.5)
22
(Section scheduled to be repealed on January 1, 2027)
23
Sec. 54.5.
Physician delegation of authority to physician
24
assistants,
certified anesthesiologist assistants,
advanced
25
practice registered nurses without full practice authority,
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1
and prescribing psychologists.
2
(a) Physicians licensed to practice medicine in all its
3
branches may delegate care and treatment responsibilities to a
4
physician assistant under guidelines in accordance with the
5
requirements of the Physician Assistant Practice Act of 1987.
6
A physician licensed to practice medicine in all its branches
7
may enter into collaborative agreements with no more than 7
8
full-time equivalent physician assistants, except in a
9
hospital, hospital affiliate, or ambulatory surgical treatment
10
center as set forth by Section 7.7 of the Physician Assistant
11
Practice Act of 1987 and as provided in subsection (a-5).
12
(a-5) A physician licensed to practice medicine in all its
13
branches may collaborate with more than 7 physician assistants
14
when the services are provided in a federal primary care
15
health professional shortage area with a Health Professional
16
Shortage Area score greater than or equal to 12, as determined
17
by the United States Department of Health and Human Services.
18
The collaborating physician must keep appropriate
19
documentation of meeting this exemption and make it available
20
to the Department upon request.
21
(b) A physician licensed to practice medicine in all its
22
branches in active clinical practice may collaborate with an
23
advanced practice registered nurse in accordance with the
24
requirements of the Nurse Practice Act. Collaboration is for
25
the purpose of providing medical consultation, and no
26
employment relationship is required. A written collaborative
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1
agreement shall conform to the requirements of Section 65-35
2
of the Nurse Practice Act. The written collaborative agreement
3
shall be for services for which the collaborating physician
4
can provide adequate collaboration. A written collaborative
5
agreement shall be adequate with respect to collaboration with
6
advanced practice registered nurses if all of the following
7
apply:
8
(1) The agreement is written to promote the exercise
9
of professional judgment by the advanced practice
10
registered nurse commensurate with his or her education
11
and experience.
12
(2) The advanced practice registered nurse provides
13
services based upon a written collaborative agreement with
14
the collaborating physician, except as set forth in
15
subsection (b-5) of this Section. With respect to labor
16
and delivery, the collaborating physician must provide
17
delivery services in order to participate with a certified
18
nurse midwife.
19
(3) Methods of communication are available with the
20
collaborating physician in person or through
21
telecommunications for consultation, collaboration, and
22
referral as needed to address patient care needs.
23
(b-5) An anesthesiologist or physician licensed to
24
practice medicine in all its branches may collaborate with a
25
certified registered nurse anesthetist in accordance with
26
Section 65-35 of the Nurse Practice Act for the provision of
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1
anesthesia services. With respect to the provision of
2
anesthesia services, the collaborating anesthesiologist or
3
physician shall have training and experience in the delivery
4
of anesthesia services consistent with Department rules.
5
Collaboration shall be adequate if:
6
(1) an anesthesiologist or a physician participates in
7
the joint formulation and joint approval of orders or
8
guidelines and periodically reviews such orders and the
9
services provided patients under such orders; and
10
(2) for anesthesia services, the anesthesiologist or
11
physician participates through discussion of and agreement
12
with the anesthesia plan and is physically present and
13
available on the premises during the delivery of
14
anesthesia services for diagnosis, consultation, and
15
treatment of emergency medical conditions. Anesthesia
16
services in a hospital shall be conducted in accordance
17
with Section 10.7 of the Hospital Licensing Act and in an
18
ambulatory surgical treatment center in accordance with
19
Section 6.5 of the Ambulatory Surgical Treatment Center
20
Act.
21
(b-10) The anesthesiologist or operating physician must
22
agree with the anesthesia plan prior to the delivery of
23
services.
24
(b-15) Under delegation from a supervising
25
anesthesiologist, a certified anesthesiologist assistant
26
licensed under the Certified Anesthesiologist Assistant
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1
Practice Act is authorized to select, order, and administer
2
drugs, performing skill sets within the scope of the certified
3
anesthesiologist assistant's education and training, and apply
4
the appropriate medical devices in the provision of anesthesia
5
services under the anesthesia plan agreed to by the
6
supervising anesthesiologist.
7
(c) The collaborating physician shall have access to the
8
medical records of all patients attended by a physician
9
assistant. The collaborating physician shall have access to
10
the medical records of all patients attended to by an advanced
11
practice registered nurse.
12
(d) (Blank).
13
(e) A physician shall not be liable for the acts or
14
omissions of a prescribing psychologist, physician assistant,
15
or advanced practice registered nurse solely on the basis of
16
having signed a supervision agreement or guidelines or a
17
collaborative agreement, an order, a standing medical order, a
18
standing delegation order, or other order or guideline
19
authorizing a prescribing psychologist, physician assistant,
20
or advanced practice registered nurse to perform acts, unless
21
the physician has reason to believe the prescribing
22
psychologist, physician assistant, or advanced practice
23
registered nurse lacked the competency to perform the act or
24
acts or commits willful and wanton misconduct.
25
(f) A collaborating physician may, but is not required to,
26
delegate prescriptive authority to an advanced practice
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1
registered nurse as part of a written collaborative agreement,
2
and the delegation of prescriptive authority shall conform to
3
the requirements of Section 65-40 of the Nurse Practice Act.
4
(g) A collaborating physician may, but is not required to,
5
delegate prescriptive authority to a physician assistant as
6
part of a written collaborative agreement, and the delegation
7
of prescriptive authority shall conform to the requirements of
8
Section 7.5 of the Physician Assistant Practice Act of 1987.
9
(h) (Blank).
10
(i) A collaborating physician shall delegate prescriptive
11
authority to a prescribing psychologist as part of a written
12
collaborative agreement, and the delegation of prescriptive
13
authority shall conform to the requirements of Section 4.3 of
14
the Clinical Psychologist Licensing Act.
15
(j) As set forth in Section 22.2 of this Act, a licensee
16
under this Act may not directly or indirectly divide, share,
17
or split any professional fee or other form of compensation
18
for professional services with anyone in exchange for a
19
referral or otherwise, other than as provided in Section 22.2.
20
(Source: P.A. 103-228, eff. 1-1-24
.)
21
(225 ILCS 60/54.7 new)
22
Sec. 54.7.
Certified anesthesiologist assistants;
23
administration of anesthesia.
Nothing in this Act precludes a
24
certified anesthesiologist assistant licensed under the
25
Certified Anesthesiologist Assistant Practice Act from
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1
selecting, ordering, and administering drugs, perform skill
2
sets within the scope of the certified anesthesiologist
3
assistant's education and training, and applying the
4
appropriate medical devices in the provision of anesthesia
5
services under the anesthesia plan agreed to by the
6
supervising anesthesiologist licensed to practice medicine in
7
this State.
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