|
|||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
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 5. The Assisted Living and Shared Housing Act is | ||||||||||||||||||||||||||||
5 | amended by changing Section 70 as follows:
| ||||||||||||||||||||||||||||
6 | (210 ILCS 9/70)
| ||||||||||||||||||||||||||||
7 | Sec. 70. Service requirements. An
establishment must
| ||||||||||||||||||||||||||||
8 | provide all mandatory services and may provide optional | ||||||||||||||||||||||||||||
9 | services, including
medication reminders, supervision of | ||||||||||||||||||||||||||||
10 | self-administered medication and
medication administration as
| ||||||||||||||||||||||||||||
11 | defined by this Section
and nonmedical services defined by | ||||||||||||||||||||||||||||
12 | rule, whether provided directly by the
establishment or by | ||||||||||||||||||||||||||||
13 | another
entity arranged for by the establishment with the | ||||||||||||||||||||||||||||
14 | consent of the resident or
the resident's
representative.
| ||||||||||||||||||||||||||||
15 | For the purposes of this Section, "medication reminders" | ||||||||||||||||||||||||||||
16 | means reminding
residents to take pre-dispensed, | ||||||||||||||||||||||||||||
17 | self-administered medication, observing the
resident, and | ||||||||||||||||||||||||||||
18 | documenting whether or not the resident took the medication.
| ||||||||||||||||||||||||||||
19 | For the purposes of this Section, "supervision of | ||||||||||||||||||||||||||||
20 | self-administered
medication" means assisting the resident | ||||||||||||||||||||||||||||
21 | with self-administered medication
using any combination of the | ||||||||||||||||||||||||||||
22 | following: reminding residents to take medication,
reading the | ||||||||||||||||||||||||||||
23 | medication label to residents, checking the self-administered
| ||||||||||||||||||||||||||||
24 | medication dosage against the label of the medication, | ||||||||||||||||||||||||||||
25 | confirming that
residents have obtained and are taking the | ||||||||||||||||||||||||||||
26 | dosage as prescribed, and
documenting in writing that the | ||||||||||||||||||||||||||||
27 | resident has taken (or refused to take) the
medication. If | ||||||||||||||||||||||||||||
28 | residents are physically unable to open the container, the
| ||||||||||||||||||||||||||||
29 | container may be opened for them. Supervision of | ||||||||||||||||||||||||||||
30 | self-administered medication
shall be under the direction of a | ||||||||||||||||||||||||||||
31 | licensed health care professional.
| ||||||||||||||||||||||||||||
32 | For the purposes of this Section, "medication |
| |||||||
| |||||||
1 | administration" refers to a
licensed health care professional | ||||||
2 | employed by an establishment engaging in
administering routine | ||||||
3 | insulin and vitamin B-12 injections,
oral medications,
topical | ||||||
4 | treatments, eye and ear drops, or
nitroglycerin patches.
| ||||||
5 | Non-licensed staff may not administer any medication , except | ||||||
6 | that a certified medication technician may administer all | ||||||
7 | medications allowed under Department of Public Health rules | ||||||
8 | adopted to implement Section 3-206.05 of the Nursing Home Care | ||||||
9 | Act .
| ||||||
10 | The Department shall specify by rule procedures for | ||||||
11 | medication reminders,
supervision of self-administered | ||||||
12 | medication, and medication administration.
| ||||||
13 | Nothing in this Act shall preclude a physician licensed to | ||||||
14 | practice medicine
in all its branches from providing services | ||||||
15 | to any resident.
| ||||||
16 | (Source: P.A. 91-656, eff. 1-1-01.)
| ||||||
17 | Section 10. The Nursing Home Care Act is amended by adding | ||||||
18 | Section 3-206.05 as follows: | ||||||
19 | (210 ILCS 45/3-206.05 new) | ||||||
20 | Sec. 3-206.05. Certified medication technician. | ||||||
21 | (a) The Department shall adopt and implement rules for the | ||||||
22 | training, certification, and employment of certified | ||||||
23 | medication technicians in facilities licensed under this Act. | ||||||
24 | Certified medication technicians shall be allowed to | ||||||
25 | administer medications to facility residents under the | ||||||
26 | direction of a duly licensed Registered Nurse in accordance | ||||||
27 | with rules adopted by the Department under this Section. | ||||||
28 | (b) Unless an individual is certified under this Section: | ||||||
29 | (1) The individual may not practice as a certified | ||||||
30 | medication technician. | ||||||
31 | (2) A facility may not employ the individual as a | ||||||
32 | certified medication technician. | ||||||
33 | (c) A certified medication technician must: | ||||||
34 | (1) Be a duly certified nursing assistant under this |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (2) Satisfactorily complete the medication technician | ||||||
3 | training program prescribed by the Department. | ||||||
4 | (3) Satisfactorily meet all continuing education and | ||||||
5 | recertification requirements prescribed by the Department. | ||||||
6 | (d) The Department shall: | ||||||
7 | (1) Prescribe education and training programs for | ||||||
8 | certified medication technicians. | ||||||
9 | (2) Prescribe requirements for re-certification, | ||||||
10 | including continuing education and in-service | ||||||
11 | requirements. | ||||||
12 | (3) Develop standards concerning the functions that | ||||||
13 | may be performed by certified medication technicians, | ||||||
14 | including standards for supervision and oversight by a | ||||||
15 | licensed Registered Nurse.
| ||||||
16 | Section 15. The Nursing and Advanced Practice Nursing Act | ||||||
17 | is amended by changing Section 5-15 as follows:
| ||||||
18 | (225 ILCS 65/5-15)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
20 | Sec. 5-15. Policy; application of Act. For the protection | ||||||
21 | of life and the
promotion of health, and the prevention of | ||||||
22 | illness and communicable diseases,
any person practicing or | ||||||
23 | offering to practice professional and practical
nursing in | ||||||
24 | Illinois shall submit evidence that he or she is qualified to
| ||||||
25 | practice, and shall be licensed as provided under this Act. No | ||||||
26 | person shall
practice or offer to practice professional or | ||||||
27 | practical nursing in Illinois or
use any title, sign, card or | ||||||
28 | device to indicate that such a person is
practicing | ||||||
29 | professional or practical nursing unless such person has been
| ||||||
30 | licensed under the provisions of this Act.
| ||||||
31 | This Act does not prohibit the following:
| ||||||
32 | (a) The practice of nursing in Federal employment in | ||||||
33 | the discharge of the
employee's duties by a person who is | ||||||
34 | employed by the United States
government or any bureau, |
| |||||||
| |||||||
1 | division or agency thereof and is a legally
qualified and | ||||||
2 | licensed nurse of another state or territory and not in
| ||||||
3 | conflict with Sections 10-5, 10-30, and 10-45 of this
Act.
| ||||||
4 | (b) Nursing that is included in their program of study | ||||||
5 | by
students
enrolled in programs of nursing or in current | ||||||
6 | nurse practice update courses
approved by the Department.
| ||||||
7 | (c) The furnishing of nursing assistance in an | ||||||
8 | emergency.
| ||||||
9 | (d) The practice of nursing by a nurse who holds an | ||||||
10 | active license in
another state when providing services to | ||||||
11 | patients in Illinois during a bonafide
emergency or in | ||||||
12 | immediate preparation for or during interstate
transit.
| ||||||
13 | (e) The incidental care of the sick by members of the | ||||||
14 | family, domestic
servants or housekeepers, or care of the | ||||||
15 | sick where treatment is by prayer
or spiritual means.
| ||||||
16 | (f) Persons from being employed as nursing aides, | ||||||
17 | attendants, orderlies,
and
other auxiliary workers in | ||||||
18 | private homes, long term care facilities,
nurseries, | ||||||
19 | hospitals or other institutions.
| ||||||
20 | (g) The practice of practical nursing by one who has | ||||||
21 | applied in writing to
the Department in form and substance | ||||||
22 | satisfactory to the Department, for a
license as a licensed | ||||||
23 | practical nurse and who has complied with all the
| ||||||
24 | provisions under Section 10-30, except the passing of an | ||||||
25 | examination
to be eligible to receive such license, until: | ||||||
26 | the decision of the Department
that the applicant has | ||||||
27 | failed to pass the next available examination
authorized by | ||||||
28 | the Department or has failed, without an approved excuse, | ||||||
29 | to
take the next available examination authorized by the | ||||||
30 | Department or until the
withdrawal of the application, but | ||||||
31 | not to exceed 3 months.
An applicant practicing practical | ||||||
32 | nursing under this Section who passes the
examination, | ||||||
33 | however, may continue to practice under this Section until | ||||||
34 | such
time as he or she receives his or her license to | ||||||
35 | practice or until the
Department notifies him or her that | ||||||
36 | the license has been denied.
No applicant
for licensure |
| |||||||
| |||||||
1 | practicing under
the provisions of this paragraph shall | ||||||
2 | practice practical nursing except
under the direct | ||||||
3 | supervision of a registered professional nurse licensed
| ||||||
4 | under this Act or a licensed physician, dentist or | ||||||
5 | podiatrist. In no
instance shall any such applicant | ||||||
6 | practice or be
employed in any supervisory capacity.
| ||||||
7 | (h) The practice of practical nursing by one who is a | ||||||
8 | licensed practical
nurse under the laws of another U.S. | ||||||
9 | jurisdiction and has applied in writing
to the Department, | ||||||
10 | in form and substance satisfactory to the Department,
for a | ||||||
11 | license as a licensed practical nurse and who is qualified | ||||||
12 | to receive
such license under Section 10-30, until (1) the | ||||||
13 | expiration of 6 months after
the filing of such written | ||||||
14 | application, (2) the withdrawal of such application,
or (3) | ||||||
15 | the denial of such application by the Department.
| ||||||
16 | (i) The practice of professional nursing by one who has | ||||||
17 | applied in writing
to the Department in form and substance | ||||||
18 | satisfactory to the Department for
a license as a | ||||||
19 | registered professional nurse and has complied with all the
| ||||||
20 | provisions under Section 10-30 except the passing of an | ||||||
21 | examination to be
eligible to receive such license, until | ||||||
22 | the decision of the Department
that the applicant has | ||||||
23 | failed to pass the next available examination
authorized by | ||||||
24 | the Department or has failed, without an approved excuse, | ||||||
25 | to
take the next available examination authorized by the | ||||||
26 | Department or until
the withdrawal of the application, but | ||||||
27 | not to exceed 3 months.
An applicant practicing | ||||||
28 | professional nursing under this Section who passes
the
| ||||||
29 | examination, however, may continue to practice under this | ||||||
30 | Section until such
time as he or she receives his or her | ||||||
31 | license to practice or until the
Department notifies him or | ||||||
32 | her that the license has been denied.
No applicant
for | ||||||
33 | licensure practicing under
the provisions of this | ||||||
34 | paragraph shall practice professional nursing except
under | ||||||
35 | the direct supervision of a registered professional nurse | ||||||
36 | licensed
under this Act. In no instance shall any such |
| |||||||
| |||||||
1 | applicant practice or be
employed in any supervisory | ||||||
2 | capacity.
| ||||||
3 | (j) The practice of professional nursing by one who is | ||||||
4 | a registered
professional nurse under the laws of another | ||||||
5 | state, territory of the United
States or country and has | ||||||
6 | applied in writing to the Department, in form and
substance | ||||||
7 | satisfactory to the Department, for a license as a | ||||||
8 | registered
professional nurse and who is qualified to | ||||||
9 | receive such license under
Section 10-30, until (1) the | ||||||
10 | expiration of 6 months after the filing of
such written | ||||||
11 | application, (2) the withdrawal of such application, or (3)
| ||||||
12 | the denial of such application by the Department.
| ||||||
13 | (k) The practice of professional nursing that is | ||||||
14 | included in a program of
study by one who is a registered | ||||||
15 | professional nurse under the laws of
another state or | ||||||
16 | territory of the United States or foreign country,
| ||||||
17 | territory or province and who is enrolled in a graduate | ||||||
18 | nursing education
program or a program for the completion | ||||||
19 | of a baccalaureate nursing degree in
this State, which | ||||||
20 | includes clinical supervision by faculty as
determined by | ||||||
21 | the educational institution offering the program and the
| ||||||
22 | health care organization where the practice of nursing | ||||||
23 | occurs. The
educational institution will file with the | ||||||
24 | Department each academic term a
list of the names and | ||||||
25 | origin of license of all professional nurses
practicing | ||||||
26 | nursing as part of their programs under this provision.
| ||||||
27 | (l) Any person licensed in this State under any other | ||||||
28 | Act from engaging
in the practice for which she or he is | ||||||
29 | licensed.
| ||||||
30 | (m) Delegation to authorized direct care staff trained | ||||||
31 | under Section 15.4
of the Mental Health and
Developmental | ||||||
32 | Disabilities Administrative Act.
| ||||||
33 | (n) Delegation of administration of medications to a | ||||||
34 | certified medication technician certified under Section | ||||||
35 | 3-206.05 of the Nursing Home Care Act.
| ||||||
36 | An applicant for license practicing under the exceptions |
| |||||||
| |||||||
1 | set forth in
subparagraphs (g), (h), (i), and (j) of this | ||||||
2 | Section shall use the title
R.N. Lic. Pend. or L.P.N. Lic. | ||||||
3 | Pend. respectively and no other.
| ||||||
4 | (Source: P.A. 93-265, eff. 7-22-03.)
|