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August 2015
In this Issue

  • Updated: New Illinois Laws Reflect ISMS Legislative Advocacy

    Last week Governor Rauner signed these ISMS-backed bills into state law:

    • Collaborative agreements for advanced practice nurses (APNs) H.B. 421 (Amendment 2) maintains the requirement that APNs must have a collaborative agreement with a physician if they practice outside of a hospital, hospital affiliate or ambulatory surgical treatment center, where they are required to be credentialed by medical staff.

      In addition, the legislation:
      • Preserves that certified registered nurse anesthetists (CRNAs) maintain a written anesthesia plan with anesthesiologists.
      • Makes no change to the law requiring delegation of prescriptive authority by a physician to allow APNs (other than CRNAs) to prescribe at a hospital affiliate if credentialed by the medical staff to do so. 

      ISMS successfully negotiated with the Illinois Society for Advanced Practice Nursing to remove the objectionable aspects of this bill.  

    • BiosimilarsS.B. 455 imposes restrictions and requirements on pharmacists when they substitute "biologics, biosimilars and interchangeable products" for biological products.

      Biologics, biosimilars and interchangeable products are very complex drugs derived from living cells, which makes it impossible to produce a "generic" form of the drug. While similar to biological products, they are still therapeutically different and should not be treated as generic drugs. 

    • Immunizations for child care workersS.B. 986 requires employees of child care facilities to demonstrate proof that they received the Tdap (tetanus, diphtheria and pertussis) vaccine and the MMR (measles, mumps and rubella) vaccine if they care for children ages six and under.

      Previously, Illinois had no specific vaccination requirements of child care facility employees. ISMS supported S.B. 986.

    • Topical eye medicationH.B. 3137 creates the Topical Eye Medication Act and prohibits Illinois health insurers that provide coverage for prescription topical eye medication from denying coverage for refills when certain conditions are met. 
      The purpose of this bill is to ensure that patients who have difficulty administering prescription eye drops to themselves are not prohibited from purchasing timely refills for topical eye medication. For example, if the medication is inadvertently wasted, the patient will be able to purchase a refill earlierthan the prescription refill date. An initiative of the Illinois Society of Eye Physicians and Surgeons, ISMS supported this bill.

    • Out-of-state athletic team physicians – An initiative of the Illinois Association of Orthopedic Surgeons and supported by ISMS, S.B. 785 grants temporary license waivers for health care professionals who travel with their teams to Illinois for athletic events.

    • DNR/POLST – An ISMS initiative, S.B. 1466:

      • Removes "Do Not Resuscitate" from the name of the current Illinois Department of Public Health’s "Do-Not-Resuscitate Advanced Directive" (previously referred to as the DNR form).
      • Renames the form "Practitioner Order for Life Sustaining Treatment," or "POLST."

      The new law becomes effective Jan. 1, 2016.

    • Retired Status for Online Physician Profile; Technical Language Changes to the Illinois Physician Assistant and Nurse Practice Acts – An ISMS initiative, S.B. 1205:

      • Amends the Illinois Patients' Right to Know Act to allow retired physicians who maintain active licenses to note on their state-mandated physician profiles that they are retired and no longer see patients.
      • Cleans up language in the Illinois Physician Assistant Practice Act and the Illinois Nurse Practice Act; adds the definition of "hospital affiliate" to both acts.

    • Power of Attorney for Health Care – S.B. 159 changes the Power of Attorney Act and the Statutory Short Form Power of Attorney for Health Care Form by granting additional powers and authority to a named health care agent. Effective when the patient lacks decision-making abilities based on a physician’s determination, the health care agent is granted:

      • Immediate access to the patient's medical and mental health records and the authority to share records with others, as needed.
      • The ability to communicate with health care professionals, including the capability to question the patient’s decision-making capacity.

      The bill also makes several technical changes and clarifies who cannot sign as a witness to a power of attorney: advanced practice nurses, dentists, podiatric physicians, and optometrists.

    ISMS successfully defends against scope challenge

    • PodiatristsH.B. 2925 amends the Podiatric Medical Practice Act to create a three-year temporary license for postgraduate podiatrists.

    • The original language of this bill, which ISMS strongly opposed, would have redefined the foot to include associated tissue that affects the foot or ankle. The Illinois Association of Orthopedic Surgeons and ISMS considered this an attempt to expand a podiatrist’s scope of practice. The bill was amended to remove this language.

    Access the full 2015 Update on ISMS Legislative Activity, read an "at a glance" version or download a poster for your office. These resources demonstrate the diligent efforts of your ISMS legislative team on your behalf.

    ISMS will keep you informed about legislative news via Physician Physician Advocate Advocate and the Legislative Action Hub.

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