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225 ILCS 95/ Physician Assistant Practice Act of 1987.

    (225 ILCS 95/1)(from Ch. 111, par. 4601)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 1. The practice as a physician assistant in the State of Illinois is hereby declared to affect the public health, safety and welfare and to be subject to regulation and control in the public interest. The purpose and legislative intent of this Act is to encourage and promote the more effective utilization of the skills of physicians by enabling them to delegate certain health tasks to physician assistants where such delegation is consistent with the health and welfare of the patient and is conducted at the direction of and under the responsible supervision of the physician.
    It is further declared to be a matter of public health and concern that the practice as a physician assistant, as defined in this Act, merit and receive the confidence of the public, that only qualified persons be authorized to practice as a physician assistant in the State of Illinois. This Act shall be liberally construed to best carry out these subjects and purposes.
(Source: P.A. 85‑981.)

    (225 ILCS 95/2)(from Ch. 111, par. 4602)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 2. This Article shall be known and may be cited as the "Physician Assistant Practice Act of 1987".
(Source: P.A. 85‑981.)

    (225 ILCS 95/3)(from Ch. 111, par. 4603)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 3. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10‑65 of the Illinois Administrative Procedure Act that provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, continuation or renewal of the license is specifically excluded. For the purposes of this Act the notice required under Section 10‑25 of the Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party. The Secretary may promulgate rules for the administration and enforcement of this Act and may prescribe forms to be issued in connection with this Act.
(Source: P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 95/4)(from Ch. 111, par. 4604)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 4. In this Act:
    1. "Department" means the Department of Financial and Professional Regulation.
    2. "Secretary" means the Secretary of Financial and Professional Regulation.
    3. "Physician assistant" means any person not a physician who has been certified as a physician assistant by the National Commission on the Certification of Physician Assistants or equivalent successor agency and performs procedures under the supervision of a physician as defined in this Act. A physician assistant may perform such procedures within the specialty of the supervising physician, except that such physician shall exercise such direction, supervision and control over such physician assistants as will assure that patients shall receive quality medical care. Physician assistants shall be capable of performing a variety of tasks within the specialty of medical care under the supervision of a physician. Supervision of the physician assistant shall not be construed to necessarily require the personal presence of the supervising physician at all times at the place where services are rendered, as long as there is communication available for consultation by radio, telephone or telecommunications within established guidelines as determined by the physician/physician assistant team. The supervising physician may delegate tasks and duties to the physician assistant. Delegated tasks or duties shall be consistent with physician assistant education, training, and experience. The delegated tasks or duties shall be specific to the practice setting and shall be implemented and reviewed under a written supervision agreement established by the physician or physician/physician assistant team. A physician assistant, acting as an agent of the physician, shall be permitted to transmit the supervising physician's orders as determined by the institution's by‑laws, policies, procedures, or job description within which the physician/physician assistant team practices. Physician assistants shall practice only in accordance with a written supervision agreement.
    4. "Board" means the Medical Licensing Board constituted under the Medical Practice Act of 1987.
    5. "Disciplinary Board" means the Medical Disciplinary Board constituted under the Medical Practice Act of 1987.
    6. "Physician" means, for purposes of this Act, a person licensed to practice medicine in all its branches under the Medical Practice Act of 1987.
    7. "Supervising Physician" means, for the purposes of this Act, the primary supervising physician of a physician assistant, who, within his specialty and expertise may delegate a variety of tasks and procedures to the physician assistant. Such tasks and procedures shall be delegated in accordance with a written supervision agreement. The supervising physician maintains the final responsibility for the care of the patient and the performance of the physician assistant.
    8. "Alternate supervising physician" means, for the purpose of this Act, any physician designated by the supervising physician to provide supervision in the event that he or she is unable to provide that supervision. The Department may further define "alternate supervising physician" by rule.
    The alternate supervising physicians shall maintain all the same responsibilities as the supervising physician. Nothing in this Act shall be construed as relieving any physician of the professional or legal responsibility for the care and treatment of persons attended by him or by physician assistants under his supervision. Nothing in this Act shall be construed as to limit the reasonable number of alternate supervising physicians, provided they are designated by the supervising physician.
    9. "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and such changes must be made either through the Department's website or by contacting the Department's licensure maintenance unit.
(Source: P.A. 95‑703, eff. 12‑31‑07; 96‑268, eff. 8‑11‑09.)

    (225 ILCS 95/5)(from Ch. 111, par. 4605)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 5. This Act does not prohibit:
    1. Any person licensed in this State under any other Act from engaging in the practice for which he is licensed;
    2. The practice as a physician assistant by a person who is employed by the United States government or any bureau, division or agency thereof while in the discharge of the employee's official duties;
    3. The practice as a physician assistant which is included in their program of study by students enrolled in schools or in refresher courses approved by the Department.
    4. The practice, services, or activities of persons practicing the specified occupations set forth in subsection (a) of, and pursuant to a licensing exemption granted in subsection (b) or (d) of, Section 2105‑350 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, but only for so long as the 2016 Olympic and Paralympic Games Professional Licensure Exemption Law is operable.
(Source: P.A. 96‑7, eff. 4‑3‑09.)

    (225 ILCS 95/6)(from Ch. 111, par. 4606)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 6. Title; advertising billing.
    (a) No physician assistant shall use the title of doctor or associate with his or her name or any other term that would indicate to other persons that he or she is qualified to engage in the general practice of medicine.
    (b) A licensee shall include in every advertisement for services regulated under this Act his or her title as it appears on the license or the initials authorized under this Act.
    (c) A physician assistant shall not be allowed to bill patients or in any way to charge for services. Nothing in this Act, however, shall be so construed as to prevent the employer of a physician assistant from charging for services rendered by the physician assistant. Payment for services rendered by a physician assistant shall be made to his or her employer if the payor would have made payment had the services been provided by a physician licensed to practice medicine in all its branches.
    (d) The supervising physician shall file with the Department notice of employment, discharge, or supervisory control of a physician assistant at the time of employment, discharge, or assumption of supervisory control of a physician assistant.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑116, eff. 7‑14‑97; 90‑655, eff. 7‑30‑98; 91‑310, eff. 1‑1‑00.)

    (225 ILCS 95/7)(from Ch. 111, par. 4607)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 7. Supervision requirements.
    (a) No more than 2 physician assistants shall be supervised by the supervising physician, although a physician assistant shall be able to hold more than one professional position. Each supervising physician shall file a notice of supervision of such physician assistant according to the rules of the Department. However, the alternate supervising physician may supervise more than 2 physician assistants when the supervising physician is unable to provide such supervision consistent with the definition of alternate physician in Section 4. It is the responsibility of the supervising physician to maintain documentation each time he or she has designated an alternative supervising physician. This documentation shall include the date alternate supervisory control began, the date alternate supervisory control ended, and any other changes. A supervising physician shall provide a copy of this documentation to the Department, upon request.
    Physician assistants shall be supervised only by physicians as defined in this Act who are engaged in clinical practice, or in clinical practice in public health or other community health facilities.
    Nothing in this Act shall be construed to limit the delegation of tasks or duties by a physician to a nurse or other appropriately trained personnel.
    Nothing in this Act shall be construed to prohibit the employment of physician assistants by a hospital, nursing home or other health care facility where such physician assistants function under the supervision of a supervising physician.
    Physician assistants may be employed by the Department of Corrections or the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities) for service in facilities maintained by such Departments and affiliated training facilities in programs conducted under the authority of the Director of Corrections or the Secretary of Human Services. Each physician assistant employed by the Department of Corrections or the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities) shall be under the supervision of a physician engaged in clinical practice and direct patient care. Duties of each physician assistant employed by such Departments are limited to those within the scope of practice of the supervising physician who is fully responsible for all physician assistant activities.
    A physician assistant may be employed by a practice group or other entity employing multiple physicians at one or more locations. In that case, one of the physicians practicing at a location shall be designated the supervising physician. The other physicians with that practice group or other entity who practice in the same general type of practice or specialty as the supervising physician may supervise the physician assistant with respect to their patients without being deemed alternate supervising physicians for the purpose of this Act.
    (b) A physician assistant licensed in this State, or licensed or authorized to practice in any other U.S. jurisdiction or credentialed by his or her federal employer as a physician assistant, who is responding to a need for medical care created by an emergency or by a state or local disaster may render such care that the physician assistant is able to provide without supervision as it is defined in this Section or with such supervision as is available. For purposes of this Section, an "emergency situation" shall not include one that occurs in the place of one's employment.
    Any physician who supervises a physician assistant providing medical care in response to such an emergency or state or local disaster shall not be required to meet the requirements set forth in this Section for a supervising physician.
(Source: P.A. 95‑703, eff. 12‑31‑07; 96‑70, eff. 7‑23‑09.)

    (225 ILCS 95/7.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 7.5. Prescriptions; written supervision agreements; prescriptive authority.
    (a) A written supervision agreement is required for all physician assistants to practice in the State.
        (1) A written supervision agreement shall describe

the working relationship of the physician assistant with the supervising physician and shall authorize the categories of care, treatment, or procedures to be performed by the physician assistant. The written supervision agreement shall be defined to promote the exercise of professional judgment by the physician assistant commensurate with his or her education and experience. The services to be provided by the physician assistant shall be services that the supervising physician is authorized to and generally provides to his or her patients in the normal course of his or her clinical medical practice. The written supervision agreement need not describe the exact steps that a physician assistant must take with respect to each specific condition, disease, or symptom but must specify which authorized procedures require the presence of the supervising physician as the procedures are being performed. The supervision relationship under a written supervision agreement shall not be construed to require the personal presence of a physician at all times at the place where services are rendered. Methods of communication shall be available for consultation with the supervising physician in person or by telecommunications in accordance with established written guidelines as set forth in the written supervision agreement.

(2) The written supervision agreement shall be

adequate if a physician does each of the following:

(A) Participates in the joint formulation and

joint approval of orders or guidelines with the physician assistant and he or she periodically reviews such orders and the services provided patients under such orders in accordance with accepted standards of medical practice and physician assistant practice.

(B) Meets in person with the physician assistant

at least once a month to provide supervision.

(3) A copy of the signed, written supervision

agreement must be available to the Department upon request from both the physician assistant and the supervising physician.

(4) A physician assistant shall inform each

supervising physician of all written supervision agreements he or she has signed and provide a copy of these to any supervising physician upon request.

(b) A supervising physician may, but is not required to,

delegate prescriptive authority to a physician assistant as part of a written supervision agreement. This authority may, but is not required to, include prescription of, selection of, orders for, administration of, storage of, acceptance of samples of, and dispensing over the counter medications, legend drugs, medical gases, and controlled substances categorized as Schedule III through V controlled substances, as defined in Article II of the Illinois Controlled Substances Act, and other preparations, including, but not limited to, botanical and herbal remedies. The supervising physician must have a valid, current Illinois controlled substance license and federal registration with the Drug Enforcement Agency to delegate the authority to prescribe controlled substances.

(1) To prescribe Schedule III, IV, or V controlled

substances under this Section, a physician assistant must obtain a mid‑level practitioner controlled substances license. Medication orders issued by a physician assistant shall be reviewed periodically by the supervising physician.

(2) The supervising physician shall file with the

Department notice of delegation of prescriptive authority to a physician assistant and termination of delegation, specifying the authority delegated or terminated. Upon receipt of this notice delegating authority to prescribe Schedule III, IV, or V controlled substances, the physician assistant shall be eligible to register for a mid‑level practitioner controlled substances license under Section 303.05 of the Illinois Controlled Substances Act. Nothing in this Act shall be construed to limit the delegation of tasks or duties by the supervising physician to a nurse or other appropriately trained persons in accordance with Section 54.2 of the Medical Practice Act of 1987.

(3) In addition to the requirements of subsection

(b) of this Section, a supervising physician may, but is not required to, delegate authority to a physician assistant to prescribe Schedule II controlled substances, if all of the following conditions apply:

(A) No more than 5 Schedule II controlled

substances by oral dosage may be delegated.

(B) Any delegation must be controlled substances

that the supervising physician prescribes.

(C) Any prescription must be limited to no more

than a 30‑day oral dosage, with any continuation authorized only after prior approval of the supervising physician.

(c) Nothing in this Act shall be construed to limit the

delegation of tasks or duties by a physician to a licensed practical nurse, a registered professional nurse, or other persons.

(Source: P.A. 96‑268, eff. 8‑11‑09; 96‑618, eff. 1‑1‑10; 96‑1000, eff. 7‑2‑10.)

    (225 ILCS 95/8)(from Ch. 111, par. 4608)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 8. Notwithstanding any other provision of this Act, physician assistants may be employed by jail or prison health facilities under the jurisdiction of the "County Hospitals Governing Commission Act", approved April 25, 1969, as amended. The employing jail or prison health facility shall prepare written guidelines and procedures approved by the governing body provided that such guidelines and procedures are not in conflict with the rules of the Department adopted pursuant to the Physician Assistants Practice Act. Each physician assistant employed by a jail or prison health facility shall be under the supervision of a physician engaged in clinical practice and direct patient care. The duties of each physician assistant so employed are limited to those within the scope of practice of the supervising physician who is fully responsible for all physician assistant activities.
(Source: P.A. 85‑981.)

    (225 ILCS 95/9)(from Ch. 111, par. 4609)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 9. Application for licensure. Applications for original licenses shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be refundable. An application shall require information that in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for a license. An application shall include evidence of passage of the examination of the National Commission on the Certification of Physician Assistants, or its successor agency, and proof that the applicant holds a valid certificate issued by that Commission.
    Applicants have 3 years from the date of application to complete the application process. If the process has not been completed in 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 90‑61, eff. 12‑30‑97.)

    (225 ILCS 95/9.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 9.5. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)

    (225 ILCS 95/10)(from Ch. 111, par. 4610)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 10. Identification. No person shall use the title or perform the duties of "Physician assistant" unless he or she is a qualified holder of a license issued by the Department as provided in this Act. A physician assistant shall wear on his or her person a visible identification indicating that he or she is certified as a physician assistant while acting in the course of his or her duties.
(Source: P.A. 90‑61, eff. 12‑30‑97.)

    (225 ILCS 95/10.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 10.5. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a physician's assistant without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(Source: P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 95/11)(from Ch. 111, par. 4611)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 11. Committee. There is established a physician assistant advisory committee to the Department and the Medical Licensing Board. The physician assistant advisory committee may review and make recommendations to the Department and the Board regarding all matters relating to physician assistants. Such matters may include, but not be limited to:
        (1) applications for licensure;
        (2) disciplinary proceedings;
        (3) renewal requirements; and
        (4) any other issues pertaining to the regulation

and practice of physician assistants in the State.

The physician assistant advisory committee shall be

composed of 7 members. Three of the 7 members shall be physicians, 2 of whom shall be members of the Board and appointed to the advisory committee by the chairman. One physician, not a member of the Board, shall be a supervisor of a licensed physician assistant and shall be approved by the Governor from a list of Illinois physicians supervising licensed physician assistants. Three members shall be physician assistants, licensed under the law and appointed by the Governor from a list of 10 names recommended by the Board of Directors of the Illinois Academy of Physician Assistants. One member, not employed or having any material interest in any health care field, shall be appointed by the Governor and represent the public. The chairman of the physician assistant advisory committee shall be a member elected by a majority vote of the physician assistant advisory committee unless already a member of the Board. The physician assistant advisory committee is required to meet and report to the Department and the Board as physician assistant issues arise. The terms of office of each of the original 7 members shall be at staggered intervals. One physician and one physician assistant shall serve for a 2 year term. One physician and one physician assistant shall serve a 3 year term. One physician, one physician assistant and the public member shall serve a 4 year term. Upon the expiration of the term of any member, his successor shall be appointed for a term of 4 years in the same manner as the initial appointment. No member shall serve more than 2 consecutive terms.

Four members of the physician assistant advisory committee shall constitute a quorum. A quorum is required to perform all of the duties of the committee.     Members of the physician assistant advisory committee shall have no liability for any action based upon a disciplinary proceeding or other activity performed in good faith as a member of the committee. (Source: P.A. 95‑703, eff. 12‑31‑07; 96‑720, eff. 8‑25‑09.)

    (225 ILCS 95/12)(from Ch. 111, par. 4612)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 12. A person shall be qualified for licensure as a physician assistant and the Department may issue a physician assistant license to a person who:
        1. Has applied in writing in form and substance

satisfactory to the Department and has not violated any of the provisions of Section 21 of this Act or the rules promulgated hereunder. The Department may take into consideration any felony conviction of the applicant but such conviction shall not operate as an absolute bar to licensure;

2. Has successfully completed the examination

provided by the National Commission on the Certification of Physician's Assistant or its successor agency;

3. Holds a certificate issued by the National

Commission on the Certification of Physician Assistants or an equivalent successor agency; and

4. Complies with all applicable rules of the

Department.

(Source: P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 95/13)(from Ch. 111, par. 4613)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 13. Subject to the provisions of this Act, the Department shall:
    1. Promulgate rules approved by the Board setting forth standards to be met by a school or institution offering a course of training for physician assistants prior to approval of such school or institution.
    2. Promulgate rules approved by the Board setting forth uniform and reasonable standards of instruction to be met prior to approval of such course of institution for physician assistants.
    3. Determine the reputability and good standing of such schools or institutions and their course of instruction for physician assistants by reference to compliance with such rules, provided that no school of physician assistants that refuses admittance to applicants solely on account of race, color, sex, or creed shall be considered reputable and in good standing.
    No rule shall be adopted under this Act which allows a physician assistant to perform any act, task or function primarily performed in the lawful practice of optometry under the Illinois Optometric Practice Act of 1987.
(Source: P.A. 85‑1440.)

    (225 ILCS 95/14)
    Sec. 14. (Repealed).
(Source: P.A. 90‑61, eff. 12‑30‑97. Repealed by P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 95/14.1)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 14.1. Fees.
    (a) Fees collected for the administration of this Act shall be set by the Department by rule . All fees are not refundable.
    (b) (Blank).
    (c) All moneys collected under this Act by the Department shall be deposited in the Illinois State Medical Disciplinary Fund in the State Treasury and used (1) in the exercise of its powers and performance of its duties under this Act, as such use is made by the Department; (2) for costs directly related to license renewal of persons licensed under this Act; and (3) for costs related to the public purposes of the Department.
    All earnings received from investment of moneys in the Illinois State Medical Disciplinary Fund shall be deposited into the Illinois State Medical Disciplinary Fund and shall be used for the same purposes as fees deposited in the Fund.
(Source: P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 95/15)(from Ch. 111, par. 4615)

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