Rep. Angelo Saviano
Filed: 3/22/2007
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1 | AMENDMENT TO HOUSE BILL 119
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2 | AMENDMENT NO. ______. Amend House Bill 119 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "ARTICLE 5. GENERAL PROVISIONS | ||||||
5 | Section 5-1. Short title. This Act may be cited as the | ||||||
6 | Nurse Practice Act. | ||||||
7 | Section 5-5. Legislative purpose. The practice of | ||||||
8 | advanced, professional, and practical nursing in the State of | ||||||
9 | Illinois is hereby declared to affect the public health, | ||||||
10 | safety, and welfare and to be subject to regulation and control | ||||||
11 | in the public interest. It is further declared to be a matter | ||||||
12 | of public interest and concern that the practice of nursing, as | ||||||
13 | defined in this Act, merit and receive the confidence of the | ||||||
14 | public and that only qualified persons be authorized to so | ||||||
15 | practice in the State of Illinois. This Act shall be liberally |
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1 | construed to best carry out these subjects and purposes. | ||||||
2 | Section 5-10. Definitions. In this Act: | ||||||
3 | "Academic year" means the customary annual schedule of | ||||||
4 | courses at a college, university, or approved school, | ||||||
5 | customarily regarded as the school year as distinguished from | ||||||
6 | the calendar year. | ||||||
7 | "Accredited facility" means (i) a hospital; (ii) an | ||||||
8 | ambulatory surgical treatment center licensed by the | ||||||
9 | Department of Public Health; or (iii) a facility accredited by | ||||||
10 | the Joint Commission on Accreditation of Health Care | ||||||
11 | Organizations or other accrediting body recognized by the | ||||||
12 | Department of Public Health. | ||||||
13 | "Advanced practice nurse" or "APN" means a person who has | ||||||
14 | met the qualifications for a (i) certified nurse midwife (CNM); | ||||||
15 | (ii) certified nurse practitioner (CNP); (iii) certified | ||||||
16 | registered nurse anesthetist (CRNA); or (iv) clinical nurse | ||||||
17 | specialist (CNS). All advanced practice nurses licensed and | ||||||
18 | practicing in the State of Illinois shall use the title APN and | ||||||
19 | may use specialty credentials after their name. | ||||||
20 | "Accountability" means being responsible and answerable | ||||||
21 | for actions or inactions of oneself or others in the context of | ||||||
22 | delegation. Accountability involves the ethical standards and | ||||||
23 | legal requirements as set forth in this Act. | ||||||
24 | "Approved program of professional nursing education" and | ||||||
25 | "approved program of practical nursing education" are programs |
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1 | of professional or practical nursing, respectively, approved | ||||||
2 | by the Department under the provisions of this Act. | ||||||
3 | "Assistant Nursing Coordinator" means a registered | ||||||
4 | professional nurse appointed by the Secretary to assist in | ||||||
5 | carrying out the administrative policies of the Department. | ||||||
6 | "Board" means the Board of Nursing appointed by the | ||||||
7 | Secretary. | ||||||
8 | "Collaboration" means a process involving 2 or more health | ||||||
9 | care professionals working together, each contributing one's | ||||||
10 | respective area of expertise to provide more comprehensive | ||||||
11 | patient care. | ||||||
12 | "Consultation" means the process whereby an advanced | ||||||
13 | practice nurse seeks the advice or opinion of another health | ||||||
14 | care professional. | ||||||
15 | "Credentialed" means the process of assessing and | ||||||
16 | validating the qualifications of a licensed advanced practice | ||||||
17 | nurse to provide patient care services based on an evaluation | ||||||
18 | of an individual's licensure, training, experience, current | ||||||
19 | competence, and ability to perform the requested privileges. | ||||||
20 | "Current nursing practice update course" means a planned | ||||||
21 | nursing education curriculum approved by the Department | ||||||
22 | consisting of activities that have educational objectives, | ||||||
23 | instructional methods, content or subject matter, clinical | ||||||
24 | practice, and evaluation methods related to basic review and | ||||||
25 | updating content and specifically planned for those nurses | ||||||
26 | previously licensed in the United States or its territories and |
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1 | preparing for reentry into nursing practice. | ||||||
2 | "Department" means the Department of Financial and | ||||||
3 | Professional Regulation. | ||||||
4 | "Delegation" means transferring to an individual the | ||||||
5 | authority to perform a selected nursing activity or task, | ||||||
6 | within the individual's scope of practice, in a selected | ||||||
7 | situation. A nurse retains accountability for the delegation. A | ||||||
8 | registered professional nurse or an advanced practice nurse | ||||||
9 | shall not delegate any task requiring the specialized | ||||||
10 | knowledge, judgement, and skill of a licensed nurse to an | ||||||
11 | unlicensed person, including medication administration. A | ||||||
12 | registered professional nurse or an advanced practice nurse | ||||||
13 | retains the right to refuse to delegate or to stop or rescind a | ||||||
14 | previously authorized delegation. | ||||||
15 | "Dentist" means a person licensed to practice dentistry | ||||||
16 | under the Illinois Dental Practice Act. | ||||||
17 | "Duty to report by others" means the duty of employers of | ||||||
18 | advanced practice nurses, registered professional nurses, or | ||||||
19 | licensed practical nurses to report to the Department the names | ||||||
20 | of any licensee or applicant for nursing licensure whose | ||||||
21 | employment has been terminated or who has resigned in order to | ||||||
22 | avoid termination for chemical impairment. | ||||||
23 | "Hospital" means a hospital licensed under the Hospital | ||||||
24 | Licensing Act or organized under the University of Illinois | ||||||
25 | Hospital Act. | ||||||
26 | "License-pending advanced practice nurse" means a |
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1 | registered professional nurse who has completed all | ||||||
2 | requirements for licensure as an advanced practice nurse except | ||||||
3 | the certification examination and has applied to take the next | ||||||
4 | available certification exam and received a temporary license | ||||||
5 | from the Department. | ||||||
6 | "License-pending registered nurse" means a person who has | ||||||
7 | passed the Department-approved licensure exam and has applied | ||||||
8 | for a license from the Department. A license pending nurse | ||||||
9 | shall use the title "RN lic pend" on all documentation related | ||||||
10 | to nursing practice. | ||||||
11 | "Nursing Assistance Program" means a Board-approved | ||||||
12 | program that provides confidential advocacy to nurses whose | ||||||
13 | practice is impaired by substance use disorders. Programs may | ||||||
14 | offer evaluation and treatment or serve as referrals to | ||||||
15 | facilities or providers. | ||||||
16 | "Nursing Coordinator" means a registered professional | ||||||
17 | nurse appointed by the Secretary to carry out the | ||||||
18 | administrative policies of the Department. | ||||||
19 | "Practical nurse" or "licensed practical nurse" means a | ||||||
20 | person who is licensed as a practical nurse under this Act and | ||||||
21 | practices practical nursing as defined in this Act. Only a | ||||||
22 | practical nurse licensed under this Act is entitled to use the | ||||||
23 | title "licensed practical nurse" and the abbreviation "L.P.N." | ||||||
24 | "Practical nursing" means the performance of nursing acts | ||||||
25 | requiring basic nursing knowledge, judgment, and skill | ||||||
26 | acquired by means of completion of an approved practical |
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1 | nursing education program. Practical nursing includes | ||||||
2 | assisting in the nursing process as delegated by a registered | ||||||
3 | professional nurse or an advanced practice nurse. | ||||||
4 | "Physician" means a person licensed to practice medicine in | ||||||
5 | all its branches under the Medical Practice Act of 1987. | ||||||
6 | "Podiatrist" means a person licensed to practice podiatry | ||||||
7 | under the Podiatric Medical Practice Act of 1987. | ||||||
8 | "Prescriptive authority" means the privilege to select, | ||||||
9 | order, prescribe, administer, store, accept samples, and | ||||||
10 | dispense over-the-counter medications, legend drugs, category | ||||||
11 | II, III, IV, and V controlled substances, medical gases, and | ||||||
12 | other preparations including, but not limited to, botanical and | ||||||
13 | herbal remedies that are within an advanced practice nurse's | ||||||
14 | education and experience. | ||||||
15 | "Privileged" means the authorization granted by the | ||||||
16 | governing body of a healthcare facility, agency, or | ||||||
17 | organization to provide specific patient care services within | ||||||
18 | well-defined limits, based on qualifications reviewed in the | ||||||
19 | credentialing process. The governing body determines which | ||||||
20 | procedures may be performed and which conditions may be treated | ||||||
21 | by the advanced practice nurse and grants specific permission | ||||||
22 | to the advanced practice nurse to provide those services. | ||||||
23 | Education, clinical competence, and State regulatory language, | ||||||
24 | as well as the capabilities of the practice site, including | ||||||
25 | services available, determine privilege delineation. Clinical | ||||||
26 | privileges are based on the scope and standards of practice |
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1 | defined by the nursing profession. | ||||||
2 | "Registered nurse" or "registered professional nurse" | ||||||
3 | means a person who is licensed as a professional nurse under | ||||||
4 | this Act and practices nursing as defined in this Act. Only a | ||||||
5 | registered professional nurse licensed under this Act is | ||||||
6 | entitled to use the titles "registered nurse" and "registered | ||||||
7 | professional nurse" and the abbreviation "R.N." | ||||||
8 | "Registered professional nursing" practice includes all | ||||||
9 | nursing specialties and means the performance of any nursing | ||||||
10 | act based upon the professional nursing knowledge, judgment, | ||||||
11 | and skill acquired by means of the completion of an approved | ||||||
12 | professional nursing education program. A registered | ||||||
13 | professional nurse provides holistic nursing care through the | ||||||
14 | nursing process to individuals, groups, families, or | ||||||
15 | communities that includes, but is not limited to, (i) the | ||||||
16 | assessment of healthcare needs, nursing diagnosis, planning, | ||||||
17 | implementation, and nursing evaluation; (ii) the promotion, | ||||||
18 | maintenance, and restoration of health; (iii) counseling, | ||||||
19 | patient education, and patient advocacy; (iv) the | ||||||
20 | administration of medications and treatments as prescribed by a | ||||||
21 | physician licensed to practice medicine in all its branches, a | ||||||
22 | licensed dentist, a licensed podiatrist, or a licensed | ||||||
23 | optometrist or by an advanced practice nurse; (v) the | ||||||
24 | coordination and management of the nursing plan of care; (vi) | ||||||
25 | delegation to individuals who assist the registered | ||||||
26 | professional nurse in implementing the plan of care; and (vii) |
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1 | the teaching of nursing students. The foregoing shall not be | ||||||
2 | deemed to include acts of medical diagnosis or prescription of | ||||||
3 | therapeutic or corrective measures. | ||||||
4 | "Secretary" means the Secretary of Financial and | ||||||
5 | Professional Regulation. | ||||||
6 | "Self-report" means the occurrence of an advanced practice | ||||||
7 | nurse, a registered professional nurse, a licensed practical | ||||||
8 | nurse, or a license-pending nurse seeking treatment and | ||||||
9 | formally enrolling in a diversionary program prior to having a | ||||||
10 | formal complaint filed with the Department. | ||||||
11 | "Task" means work not requiring nursing knowledge, | ||||||
12 | judgment, or decision-making. | ||||||
13 | "Unencumbered license" means any license issued under this | ||||||
14 | Act against which no disciplinary action has been taken or is | ||||||
15 | pending. | ||||||
16 | "Written collaborative agreement" means a written | ||||||
17 | agreement between an advanced practice nurse and a | ||||||
18 | collaborating physician, dentist, or podiatrist. | ||||||
19 | Section 5-15. Policy; application of Act. | ||||||
20 | (a) For the protection of life and the promotion of health | ||||||
21 | and the prevention of illness and communicable diseases, any | ||||||
22 | person practicing or offering to practice advanced, | ||||||
23 | professional, or practical nursing in Illinois shall submit | ||||||
24 | evidence that he or she is qualified to practice and shall be | ||||||
25 | licensed as provided under this Act. No person shall practice |
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1 | or offer to practice advanced practice, professional, or | ||||||
2 | practical nursing in Illinois or use any title, sign, card, or | ||||||
3 | device to indicate that he or she is practicing advanced, | ||||||
4 | professional, or practical nursing unless that person has been | ||||||
5 | licensed under the provisions of this Act. | ||||||
6 | (b) This Act does not prohibit any of the following: | ||||||
7 | (1) The practice of nursing in federal employment in
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8 | the discharge of the employee's duties by a person who is | ||||||
9 | employed by the United States government or any bureau, | ||||||
10 | division, or agency thereof and is a legally qualified and | ||||||
11 | licensed nurse of another state or territory and not in | ||||||
12 | conflict with the provisions of this Act.
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13 | (2) The practice of nursing that is included in the | ||||||
14 | program of study of students enrolled in programs of | ||||||
15 | nursing or in current nurse practice update courses | ||||||
16 | approved by the Department. | ||||||
17 | (3) The furnishing of nursing assistance in an | ||||||
18 | emergency. | ||||||
19 | (4) The practice of nursing by a nurse who holds an | ||||||
20 | active license in another state when providing services to | ||||||
21 | patients in Illinois during a bonafide emergency or in | ||||||
22 | immediate preparation for or during interstate transit. | ||||||
23 | (5) The incidental care of the sick by members of the | ||||||
24 | family, domestic servants, or housekeepers or care of the | ||||||
25 | sick where treatment is by prayer or spiritual means. | ||||||
26 | (6) Persons from being employed as nursing aides, |
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1 | attendants, orderlies, and other auxiliary workers in | ||||||
2 | private homes, long term care facilities, nurseries, | ||||||
3 | hospitals, or other institutions. | ||||||
4 | (7) The practice of practical nursing by one who is a | ||||||
5 | licensed practical nurse under the laws of another United | ||||||
6 | States jurisdiction and has applied in writing to the | ||||||
7 | Department, in form and substance satisfactory to the | ||||||
8 | Department, for a license as a licensed practical nurse and | ||||||
9 | who is qualified to receive such license under this Act, | ||||||
10 | until (i) the expiration of 6 months after the filing of | ||||||
11 | such written application, (ii) the withdrawal of such | ||||||
12 | application, or (iii) the denial of such application by the | ||||||
13 | Department. | ||||||
14 | (8) The practice of professional nursing by one who is | ||||||
15 | an advanced practice nurse under the laws of another state, | ||||||
16 | territory of the United States, or country and has applied | ||||||
17 | in writing to the Department, in form and substance | ||||||
18 | satisfactory to the Department, for a license as an | ||||||
19 | advanced practice nurse and who is qualified to receive | ||||||
20 | such license under this Act, until (i) the expiration of 6 | ||||||
21 | months after the filing of such written application, (ii) | ||||||
22 | the withdrawal of such application, or (iii) the denial of | ||||||
23 | such application by the Department. | ||||||
24 | (9) The practice of professional nursing by one who is | ||||||
25 | a registered professional nurse under the laws of another | ||||||
26 | state, territory of the United States, or country and has |
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1 | applied in writing to the Department, in form and substance | ||||||
2 | satisfactory to the Department, for a license as a | ||||||
3 | registered professional nurse and who is qualified to | ||||||
4 | receive such license under this Act under (i) the | ||||||
5 | expiration of 6 months after the filing of such written | ||||||
6 | application, or (iii) the denial of such application by the | ||||||
7 | Department. | ||||||
8 | (10) The practice of professional nursing that is | ||||||
9 | included in a program of study by one who is a registered | ||||||
10 | professional nurse under the laws of another state or | ||||||
11 | territory of the United States or foreign country, | ||||||
12 | territory, or province and who is enrolled in a graduate | ||||||
13 | nursing education program or a program for the completion | ||||||
14 | of a baccalaureate nursing degree in this State, which | ||||||
15 | includes clinical supervision by faculty as determined by | ||||||
16 | the educational institution offering the program and the | ||||||
17 | health care organization where the practice of nursing | ||||||
18 | occurs. The educational institution shall file with the | ||||||
19 | Department each academic term a list of the names and | ||||||
20 | origin of license of all professional nurses practicing | ||||||
21 | nursing as part of their programs under this provision. | ||||||
22 | (11) Any person licensed in this State under any other | ||||||
23 | Act from engaging in the practice for which she or he is | ||||||
24 | licensed. | ||||||
25 | (12) Delegation to authorized direct care staff | ||||||
26 | trained under Section 15.4 of the Mental Health and |
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1 | Developmental Disabilities Administrative Act consistent | ||||||
2 | with the policies of the Board. | ||||||
3 | Section 5-20. Unlicensed practice; violation; civil | ||||||
4 | penalty. | ||||||
5 | (a) Any person who practices, offers to practice, attempts | ||||||
6 | to practice, or holds himself or herself out to practice | ||||||
7 | nursing without being licensed under this Act shall, in | ||||||
8 | addition to any other penalty provided by law, pay a civil | ||||||
9 | penalty to the Department in an amount not to exceed $10,000 | ||||||
10 | for each offense as determined by the Department. The civil | ||||||
11 | penalty shall be assessed by the Department after a hearing is | ||||||
12 | held in accordance with the provisions set forth in this Act | ||||||
13 | regarding the provision of a hearing for the discipline of a | ||||||
14 | licensee. | ||||||
15 | (b) The Department has the authority and power to | ||||||
16 | investigate any and all unlicensed activity. | ||||||
17 | (c) The civil penalty imposed under this Section shall be | ||||||
18 | paid within 60 days after the effective date of the order | ||||||
19 | imposing the civil penalty. The order shall constitute a | ||||||
20 | judgment and may be filed and executed in the same manner as | ||||||
21 | any judgment from any court of record. | ||||||
22 | Section 5-25. Optometric procedures. No registered | ||||||
23 | professional nurse or licensed practical nurse may perform | ||||||
24 | refractions and other determinations of visual function or eye |
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1 | health diagnosis. A registered professional nurse or licensed | ||||||
2 | practical nurse may participate in these activities with an | ||||||
3 | optometrist licensed under the Illinois Optometric Practice | ||||||
4 | Act of 1987 or a physician licensed to practice medicine in all | ||||||
5 | its branches under the Medical Practice Act of 1987. | ||||||
6 | Section 5-30. Social Security Number on license | ||||||
7 | application. In addition to any other information required to | ||||||
8 | be contained in an application for licensure under this Act, | ||||||
9 | every application for an original, renewal, or restored license | ||||||
10 | under this Act shall include the applicant's Social Security | ||||||
11 | Number. | ||||||
12 | Section 5-35. Criminal history records check. All | ||||||
13 | applicants for licensure by examination or endorsement must | ||||||
14 | submit to a criminal history records check by the Department of | ||||||
15 | State Police and the Federal Bureau of Investigation as part of | ||||||
16 | the qualification for licensure. If an applicant's criminal | ||||||
17 | history records check indicates a criminal conviction, the | ||||||
18 | applicant must further submit to a fingerprint-based criminal | ||||||
19 | history records check. The applicant's name, sex, race, date of | ||||||
20 | birth, and social security number shall be forwarded to the | ||||||
21 | Department of State Police to be searched against the Illinois | ||||||
22 | criminal history records database maintained by the Department | ||||||
23 | of State Police in the form and manner prescribed by the | ||||||
24 | Department of State Police. The Department of State Police |
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1 | shall charge a fee for conducting the search, which shall be | ||||||
2 | deposited in the State Police Services Fund and may not exceed | ||||||
3 | the cost of the inquiry. If a search of the criminal history | ||||||
4 | records database indicates that the applicant has a conviction | ||||||
5 | record, a fingerprint-based criminal history records check | ||||||
6 | shall be required. Each applicant requiring a | ||||||
7 | fingerprint-based search must submit his or her fingerprints to | ||||||
8 | the Department of State Police in the form and manner | ||||||
9 | prescribed by the Department of State Police. These | ||||||
10 | fingerprints shall be checked against the fingerprint records | ||||||
11 | now and hereafter filed in the Department of State Police and | ||||||
12 | Federal Bureau of Investigation criminal history records | ||||||
13 | databases. The Department of State Police shall charge a fee | ||||||
14 | for conducting the fingerprint-based criminal history records | ||||||
15 | check, which shall be deposited in the State Police Services | ||||||
16 | Fund and shall not exceed the actual cost of the records check. | ||||||
17 | The Department of State Police must furnish, pursuant to | ||||||
18 | positive identification, records of Illinois convictions to | ||||||
19 | the Department. The Department shall adopt rules necessary for | ||||||
20 | the implementation of this Section. | ||||||
21 | Section 5-40. Emergency care; civil liability. Exemption | ||||||
22 | from civil liability for emergency care is as provided in the | ||||||
23 | Good Samaritan Act. | ||||||
24 | Section 5-45. Services rendered without compensation; |
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1 | civil liability. Exemption from civil liability for services | ||||||
2 | rendered without compensation is as provided in the Good | ||||||
3 | Samaritan Act. | ||||||
4 | Section 5-50. Prohibited acts. | ||||||
5 | (a) No person shall: | ||||||
6 | (1) Practice as an advanced practice nurse without a | ||||||
7 | valid license as an advanced practice nurse, except as | ||||||
8 | provided in item (8) of subsection (b) of Section 5-15 of | ||||||
9 | this Act. | ||||||
10 | (2) Practice professional nursing without a valid | ||||||
11 | license as a registered professional nurse, except as | ||||||
12 | provided in item (8) of subsection (b) of Section 5-15 of | ||||||
13 | this Act. | ||||||
14 | (3) Practice practical nursing without a valid license | ||||||
15 | as a licensed practical nurse or practice practical nursing | ||||||
16 | except as provided in items (7), (8), and (9) of subsection | ||||||
17 | (b) of Section 5-15 of this Act. | ||||||
18 | (4) Practice nursing under cover of any diploma, | ||||||
19 | license, or record illegally or fraudulently obtained or | ||||||
20 | signed or issued unlawfully or under fraudulent | ||||||
21 | representation. | ||||||
22 | (5) Practice nursing during the time his or her license | ||||||
23 | is suspended, revoked, expired, or on inactive status. | ||||||
24 | (6) Use any words, abbreviations, figures, letters, | ||||||
25 | title, sign, card, or device tending to imply that she or |
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1 | he is a registered professional nurse, including the titles | ||||||
2 | or initials "Nurse", "Registered Nurse", "Professional | ||||||
3 | Nurse", "Registered Professional Nurse", "Certified | ||||||
4 | Nurse", "Trained Nurse", "Graduate Nurse", "P.N.", "R.N.", | ||||||
5 | "R.P.N.", or similar titles or initials, with the intention | ||||||
6 | of indicating practice without a valid license as a | ||||||
7 | registered professional nurse. | ||||||
8 | (7) Use any words, abbreviations, figures, letters, | ||||||
9 | title, sign, card, or device tending to imply that she or | ||||||
10 | he is an advanced practice nurse, including the titles or | ||||||
11 | initials "Advanced Practice Nurse", "A.P.N.", or similar | ||||||
12 | titles or initials, with the intention of indicating | ||||||
13 | practice as an advanced practice nurse without a valid | ||||||
14 | license as an advanced practice nurse under this Act. | ||||||
15 | (8) Use any words, abbreviations, figures, letters, | ||||||
16 | title, sign, card, or device tending to imply that she or | ||||||
17 | he is a licensed practical nurse, including the titles or | ||||||
18 | initials "Practical Nurse", "Licensed Practical Nurse", | ||||||
19 | "P.N.", "L.P.N.", or similar titles or initials with the | ||||||
20 | intention of indicated practice as a licensed practical | ||||||
21 | nurse without a valid license as a licensed practical nurse | ||||||
22 | under this Act. | ||||||
23 | (9) Advertise services regulated under this Act | ||||||
24 | without including in every advertisement his or her title | ||||||
25 | as it appears on the license or the initials authorized for | ||||||
26 | use under this Act. |
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1 | (10) Obtain or furnish a license by or for money or any | ||||||
2 | other thing of value other than the fees required under | ||||||
3 | this Act or by any fraudulent representation or act. | ||||||
4 | (11) Make any willfully false oath or affirmation | ||||||
5 | required by this Act. | ||||||
6 | (12) Conduct a nursing education program preparing | ||||||
7 | persons for licensure that has not been approved by the | ||||||
8 | Department. | ||||||
9 | (13) Represent that any school or course is approved or | ||||||
10 | accredited as a school or course for the education of | ||||||
11 | registered professional nurses or licensed practical | ||||||
12 | nurses unless such school or course is approved by the | ||||||
13 | Department under the provisions of this Act. | ||||||
14 | (14) Attempt or offer to do any of the acts enumerated | ||||||
15 | in this Section or knowingly aid, abet, or assist in the | ||||||
16 | doing of any such acts or in the attempt or offer to do any | ||||||
17 | such acts. | ||||||
18 | (15) Employ or use persons not licensed under this Act | ||||||
19 | to practice advanced practice, professional, or practical | ||||||
20 | nursing. | ||||||
21 | (16) Otherwise intentionally violate any provision of | ||||||
22 | this Act. | ||||||
23 | (17) Retaliate against any nurse who reports unsafe, | ||||||
24 | unethical, or illegal health care practices or conditions. | ||||||
25 | (18) Be deemed a supervisor when delegating nursing | ||||||
26 | activities or tasks as authorized under this Act. |
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1 | (b) Any person, including a firm, association, or | ||||||
2 | corporation who violates any provision of this Section may be | ||||||
3 | charged up to a Class 4 felony. | ||||||
4 | Section 5-55. Department powers and duties. | ||||||
5 | (a) The Department shall exercise the powers and duties | ||||||
6 | prescribed by the Civil Administrative Code of Illinois for the | ||||||
7 | administration of licensing acts and shall exercise other | ||||||
8 | powers and duties necessary for effectuating the purposes of | ||||||
9 | this Act. None of the functions, powers, or duties of the | ||||||
10 | Department with respect to licensure and examination may be | ||||||
11 | exercised by the Department except upon review by the Board. | ||||||
12 | The Department shall adopt rules to implement, interpret, or | ||||||
13 | make specific the provisions and purposes of this Act; however | ||||||
14 | no such rules shall be adopted by the Department except upon | ||||||
15 | review by the Board. | ||||||
16 | (b) The Department shall prepare and maintain a list of | ||||||
17 | approved programs of professional nursing education and | ||||||
18 | programs of practical nursing education in this State, whose | ||||||
19 | graduates, if they have the other necessary qualifications | ||||||
20 | provided in this Act, shall be eligible to apply for a license | ||||||
21 | to practice nursing in this State. | ||||||
22 | (c) The Department may act upon the recommendations of the | ||||||
23 | Center for Nursing Advisory Board established in Section 15-15 | ||||||
24 | of this Act. |
| |||||||
| |||||||
1 | Section 5-60. Nursing Coordinator. The Secretary shall | ||||||
2 | appoint, pursuant to the Personnel Code, a Nursing Coordinator | ||||||
3 | and Assistant Nursing Coordinator. The Nursing Coordinator and | ||||||
4 | Assistant Nursing Coordinator shall be registered professional | ||||||
5 | nurses licensed in this State and shall have graduated from an | ||||||
6 | accredited school of nursing and hold at least a master's | ||||||
7 | degree in nursing from an accredited college or university. | ||||||
8 | Section 5-65. Board. | ||||||
9 | (a) The Secretary shall solicit nominations from nursing | ||||||
10 | organizations and shall appoint the Board of Nursing, which | ||||||
11 | shall consist of 13 members who are committed to the protection | ||||||
12 | of public safety and advancing nursing excellence by improving | ||||||
13 | outcomes of nursing education and practice in this State, one | ||||||
14 | of whom shall be a practical nurse; one of whom shall be a | ||||||
15 | practical nurse educator; one of whom shall be a registered | ||||||
16 | professional nurse in practice; one of whom shall be an | ||||||
17 | associate degree nurse educator; one of whom shall be a | ||||||
18 | baccalaureate degree nurse educator; 2 of whom shall be nurses | ||||||
19 | who are actively engaged in direct care, with one being a | ||||||
20 | registered professional nurse; one of whom must be a nursing | ||||||
21 | administrator; 4 of whom must be advanced practice nurses | ||||||
22 | representing CNS, CNP, CNM, and CRNA practice; and one of whom | ||||||
23 | must be a public member who is not employed in and has no | ||||||
24 | material interest in any health care field. The Board shall | ||||||
25 | receive actual and necessary expenses incurred in the |
| |||||||
| |||||||
1 | performance of their duties. | ||||||
2 | Former members of the Nursing Board and the Advanced | ||||||
3 | Practice Nursing Board convened under the Nursing and Advanced | ||||||
4 | Practice Nursing Act at the time of the repeal of that Act | ||||||
5 | shall be considered for membership positions on the Board. | ||||||
6 | All nursing members of the Board must be (i) residents of | ||||||
7 | this State, (ii) licensed in good standing to practice nursing | ||||||
8 | in this State, (iii) graduates of an approved nursing program, | ||||||
9 | with a minimum of 5 years experience in the field of nursing, | ||||||
10 | and (iv) at the time of appointment to the Board, actively | ||||||
11 | engaged in nursing or work related to nursing. | ||||||
12 | Membership terms shall be for 3 years, except that in | ||||||
13 | making initial appointments, the Secretary shall appoint all | ||||||
14 | members for initial terms of 2, 3, and 4 years and these terms | ||||||
15 | shall be staggered as follows: 3 shall be appointed for terms | ||||||
16 | of 2 years; 4 shall be appointed for terms of 3 years; and 6 | ||||||
17 | shall be appointed for terms of 4 years. No member shall be | ||||||
18 | appointed to more than 2 consecutive terms. In the case of a | ||||||
19 | vacated position, an individual may be appointed to serve the | ||||||
20 | unexpired portion of that term; if the term is less than half | ||||||
21 | of a full term, the individual is eligible to serve 2 full | ||||||
22 | terms. | ||||||
23 | The Secretary may remove any member of the Board for | ||||||
24 | misconduct, incapacity, or neglect of duty. The Secretary shall | ||||||
25 | place in writing any causes for removal. | ||||||
26 | The Board shall meet annually to elect a chairperson and |
| |||||||
| |||||||
1 | vice chairperson. The Board will hold regularly scheduled | ||||||
2 | meetings during the year. A simple majority of the appointed | ||||||
3 | members shall constitute a quorum at any meeting. Any action | ||||||
4 | taken by the Board must be on an affirmative vote of a simple | ||||||
5 | majority of the members present. Voting by proxy shall not be | ||||||
6 | permitted. In the case of an emergency where all Board members | ||||||
7 | cannot meet in person, the Board may convene a meeting via an | ||||||
8 | electronic format in accordance with the Open Meetings Act. | ||||||
9 | (b) The Board may perform all of the following activities: | ||||||
10 | (1) Recommend to the Department the adoption and the | ||||||
11 | revision of rules necessary for the administration of this | ||||||
12 | Act. | ||||||
13 | (2) Recommend to the Department the approval, denial of | ||||||
14 | approval, withdrawal of approval, or discipline of nursing | ||||||
15 | education programs. | ||||||
16 | (3) Recommend to the Department the establishment of | ||||||
17 | advisory committees, including, but not limited to, | ||||||
18 | professional review committees, to assist in the | ||||||
19 | performance of the Board's duties. Each advisory committee | ||||||
20 | shall consist of at least 3 licensees who have expertise in | ||||||
21 | the area under review. Advisory committee members shall not | ||||||
22 | be compensated. | ||||||
23 | (4) Review and make recommendations concerning the | ||||||
24 | annual reports of State nursing programs, which shall be | ||||||
25 | provided, annually, to the Board by the Department. | ||||||
26 | (c) The Board shall participate in disciplinary |
| |||||||
| |||||||
1 | conferences and hearings and make recommendations to the | ||||||
2 | Department regarding disciplinary action taken against a | ||||||
3 | licensee as provided under this Act. Disciplinary hearings | ||||||
4 | shall be conducted by a Board member at the same or higher | ||||||
5 | licensure level as the respondent. | ||||||
6 | Section 5-70. Concurrent theory and clinical practice | ||||||
7 | education requirements. The educational requirements of this | ||||||
8 | Act relating to registered professional nursing and licensed | ||||||
9 | practical nursing shall not be deemed to have been satisfied by | ||||||
10 | the completion of any correspondence course or any program of | ||||||
11 | nursing that does not require coordinated or concurrent theory | ||||||
12 | and clinical practice. The Department may, upon recommendation | ||||||
13 | of the Board, issue a license under this Act to those | ||||||
14 | applicants who have received advanced graduate degrees in | ||||||
15 | nursing from an approved program with concurrent theory and | ||||||
16 | clinical practice or to those applicants who are currently | ||||||
17 | licensed in another state and have been actively practicing | ||||||
18 | clinical nursing for a minimum of 2 years. | ||||||
19 | ARTICLE 10. NURSING LICENSURE | ||||||
20 | Section 10-5. LPN education program requirements. | ||||||
21 | (a) All practical nurse education programs must be reviewed | ||||||
22 | by the Board and approved by the Department before the | ||||||
23 | successful completion of such a program may be applied toward |
| |||||||
| |||||||
1 | meeting the requirements for practical nurse licensure under | ||||||
2 | this Act. Any program changing the level of educational | ||||||
3 | preparation or the relationship with or to the parent | ||||||
4 | institution or establishing an extension of an existing program | ||||||
5 | must request a review by the Board and approval by the | ||||||
6 | Department. The Board shall review and make a recommendation | ||||||
7 | for the approval or disapproval of a program by the Department | ||||||
8 | based on the following criteria: | ||||||
9 | (1) a feasibility study that describes the need for the | ||||||
10 | program and the facilities used, the potential of the | ||||||
11 | program to recruit faculty and students, financial support | ||||||
12 | for the program, and other criteria, as established by | ||||||
13 | rule; | ||||||
14 | (2) program curriculum that meets all State | ||||||
15 | requirements; | ||||||
16 | (3) the administration of the program by a Nurse | ||||||
17 | Administrator and the involvement of a Nurse Administrator | ||||||
18 | in the development of the program; and | ||||||
19 | (4) the occurrence of a site visit prior to approval | ||||||
20 | and the condition that a site visit shall occur one year | ||||||
21 | after the first class of students has graduated. | ||||||
22 | Provisional program approval shall be granted by the | ||||||
23 | Department upon the recommendation of the Board for approval | ||||||
24 | based on a program meeting the criteria set forth in items (1) | ||||||
25 | through (4) of this subsection (a). Final approval of a program | ||||||
26 | may not be granted by the Department until a review of the |
| |||||||
| |||||||
1 | licensure exam scores of the program's initial graduating class | ||||||
2 | and the final site visit upon which provisional approval was | ||||||
3 | conditioned, as set forth in item (4) of this subsection (a), | ||||||
4 | are conducted and the requirements set forth in subsection (b) | ||||||
5 | of this Section are met. | ||||||
6 | (b) In order to obtain initial Department approval and to | ||||||
7 | maintain Department approval, a practical nursing program must | ||||||
8 | meet all of the following requirements: | ||||||
9 | (1) The program must continually be administered by a | ||||||
10 | Nurse Administrator. | ||||||
11 | (2) The institution responsible for conducting the | ||||||
12 | program and the Nurse Administrator must ensure that | ||||||
13 | individual faculty members are academically and | ||||||
14 | professionally competent. | ||||||
15 | (3) The program curriculum must contain all applicable | ||||||
16 | requirements established by rule, including both theory | ||||||
17 | and clinical components. | ||||||
18 | (4) The passage rates of the program's graduating | ||||||
19 | classes on the State-approved licensure exam must be deemed | ||||||
20 | satisfactory by the Department. | ||||||
21 | (c) Program site visits to an institution conducting or | ||||||
22 | hosting a practical nursing program may be made at the | ||||||
23 | discretion of the Nursing Coordinator or upon recommendation of | ||||||
24 | the Board. | ||||||
25 | (d) Any institution conducting a practical nursing program | ||||||
26 | that wishes to discontinue the program must do each of the |
| |||||||
| |||||||
1 | following: | ||||||
2 | (1) Notify the Department, in writing, of its intent to | ||||||
3 | discontinue the program. | ||||||
4 | (2) Continue to meet the requirements of this Act and | ||||||
5 | the rules adopted thereunder until the official date of | ||||||
6 | termination of the program. | ||||||
7 | (3) Notify the Department of the date on which the last | ||||||
8 | student shall graduate from the program and the program | ||||||
9 | shall terminate. | ||||||
10 | (4) Assist remaining students in the continuation of | ||||||
11 | their education in the event of program termination prior | ||||||
12 | to the graduation of the program's final student. | ||||||
13 | (5) Upon the closure of the program, notify the | ||||||
14 | Department, in writing, of the location of student and | ||||||
15 | graduate records' storage. | ||||||
16 | Section 10-10. Qualifications for LPN licensure. | ||||||
17 | (a) Each applicant who successfully meets the requirements | ||||||
18 | of this Section shall be entitled to licensure as a practical | ||||||
19 | nurse. | ||||||
20 | (b) An applicant for licensure by examination to practice | ||||||
21 | as a practical nurse must do each of the following: | ||||||
22 | (1) Submit a completed written application and fees, as | ||||||
23 | established by the Department. | ||||||
24 | (2) Have graduated from a practical nursing education | ||||||
25 | program approved by the Department. |
| |||||||
| |||||||
1 | (3) Successfully complete a licensure examination | ||||||
2 | approved by the Department. | ||||||
3 | (4) Have not violated the provisions of this Act | ||||||
4 | concerning grounds for disciplinary action. The Department | ||||||
5 | may take into consideration any felony conviction of the | ||||||
6 | applicant, but such a conviction may not operate as an | ||||||
7 | absolute bar to licensure. The applicant must report any | ||||||
8 | pending criminal charges, including arrests, detentions, | ||||||
9 | indictments, criminal convictions, pleas of nolo | ||||||
10 | contendere, or other plea arrangements in lieu of | ||||||
11 | conviction, and any other formal criminal charges, | ||||||
12 | including dispositions arising from criminal charges such | ||||||
13 | as sentencing, supervision, and release or any dismissal of | ||||||
14 | charges. | ||||||
15 | (5) Submit to the criminal history records check | ||||||
16 | required under Section 5-35 of this Act. | ||||||
17 | (6) Submit, either to the Department or its designated | ||||||
18 | testing service, a fee covering the cost of providing the | ||||||
19 | examination. Failure to appear for the examination on the | ||||||
20 | scheduled date at the time and place specified after the | ||||||
21 | applicant's application for examination has been received | ||||||
22 | and acknowledged by the Department or the designated | ||||||
23 | testing service shall result in the forfeiture of the | ||||||
24 | examination fee. | ||||||
25 | (7) Meet all other requirements established by the | ||||||
26 | Department by rule. |
| |||||||
| |||||||
1 | An applicant for licensure by examination may take the | ||||||
2 | Department-approved examination in another
jurisdiction. | ||||||
3 | (b) If an applicant for licensure by examination neglects | ||||||
4 | or refuses to take an examination or fails to pass an | ||||||
5 | examination for a license under this Act within 3 years after | ||||||
6 | graduation from a practical or vocational nursing education | ||||||
7 | program, regardless of the jurisdiction in which the | ||||||
8 | examination was written, the submitted application shall be | ||||||
9 | denied. The applicant must enroll and complete an approved | ||||||
10 | nursing education program prior to submitting an additional | ||||||
11 | application for licensure examination. | ||||||
12 | (c) An applicant for licensure by examination shall have | ||||||
13 | one year from the date of notification of successful completion | ||||||
14 | of the examination to apply to the Department for a license. If | ||||||
15 | an applicant fails to apply within one year, the applicant | ||||||
16 | shall be required to retake and pass the examination unless | ||||||
17 | licensed in another jurisdiction of the United States. | ||||||
18 | (d) A licensed practical nurse applicant who passes the | ||||||
19 | Department-approved licensure examination and has applied to | ||||||
20 | the Department for a practical nurse license may obtain | ||||||
21 | employment as a license-pending practical nurse and practice as | ||||||
22 | delegated by a registered professional nurse or an advanced | ||||||
23 | practice nurse, until such time as the Department notifies him | ||||||
24 | or her that the license has been denied. An individual may be | ||||||
25 | employed as a license-pending practical nurse if all of the | ||||||
26 | following criteria are met: |
| |||||||
| |||||||
1 | (1) He or she has completed and passed the | ||||||
2 | Department-approved licensure exam and presents to the | ||||||
3 | employer the official written notification indicating | ||||||
4 | successful passage of the licensure examination. | ||||||
5 | (2) He or she has completed and submitted to the | ||||||
6 | Department an application for licensure under this Section | ||||||
7 | as a practical nurse. | ||||||
8 | (3) He or she has submitted the required licensure fee. | ||||||
9 | (4) He or she has met all other requirements | ||||||
10 | established by rule, including having submitted to a | ||||||
11 | criminal history records check. | ||||||
12 | (d-5) The privilege to practice as a license-pending | ||||||
13 | practical nurse shall terminate with the occurrence of any of | ||||||
14 | the following: | ||||||
15 | (1) Three months have passed since the official date of | ||||||
16 | passing the licensure exam as inscribed on the formal | ||||||
17 | written notification indicating passage of the exam. The | ||||||
18 | 3-month license pending period may be extended if more time | ||||||
19 | is needed by the Department to process the licensure | ||||||
20 | application. | ||||||
21 | (2) Receipt of the practical nurse license from the | ||||||
22 | Department. | ||||||
23 | (3) Notification from the Department that the | ||||||
24 | application for licensure has been refused. | ||||||
25 | (4) A request by the Department that the individual | ||||||
26 | terminate practicing as a license-pending practical nurse |
| |||||||
| |||||||
1 | until an official decision is made by the Department to | ||||||
2 | grant or deny a practical nurse license. | ||||||
3 | (e) An applicant for licensure by endorsement who is a | ||||||
4 | licensed practical nurse licensed by examination under the laws | ||||||
5 | of another state or territory of the United States or a foreign | ||||||
6 | country, jurisdiction, territory, or province must do each of | ||||||
7 | the following: | ||||||
8 | (1) Submit a completed written application, on forms
| ||||||
9 | supplied by the Department, and fees as established by the | ||||||
10 | Department.
| ||||||
11 | (2) Have graduated from a practical nursing education | ||||||
12 | program approved by the Department. | ||||||
13 | (3) Submit verification of licensure status directly | ||||||
14 | from the United States jurisdiction of licensure, if | ||||||
15 | applicable, as defined by rule. | ||||||
16 | (4) Submit to the criminal history records check | ||||||
17 | required under Section 5-35 of this Act. | ||||||
18 | (5) Meet all other requirements as established by the | ||||||
19 | Department by rule. | ||||||
20 | (f) Licensed practical nurses holding an unencumbered | ||||||
21 | license from another United States jurisdiction who have | ||||||
22 | applied for licensure under this Act by endorsement may be | ||||||
23 | issued a temporary license. The Department may grant an | ||||||
24 | applicant a temporary license to practice nursing as a licensed | ||||||
25 | practical nurse if the Department is satisfied that the | ||||||
26 | applicant holds an active, unencumbered license in good |
| |||||||
| |||||||
1 | standing in another jurisdiction. If the applicant holds more | ||||||
2 | than one current active license or one or more active temporary | ||||||
3 | licenses from other jurisdictions, the Department may not issue | ||||||
4 | a temporary license until the Department is satisfied that each | ||||||
5 | current active license held by the applicant is unencumbered. | ||||||
6 | The temporary license, which shall be issued no later than 14 | ||||||
7 | working days after receipt by the Department of an application | ||||||
8 | for the temporary license, shall be granted upon the submission | ||||||
9 | of all of the following to the Department: | ||||||
10 | (1) A completed application for licensure as a | ||||||
11 | practical nurse. | ||||||
12 | (2) Verification of a current, active license in at | ||||||
13 | least one other jurisdiction of the United States and | ||||||
14 | verification that each current active license or temporary | ||||||
15 | license held by the applicant within the last 5 years is | ||||||
16 | unencumbered. | ||||||
17 | (3) A completed application for a temporary license. | ||||||
18 | (4) The required temporary license fee. | ||||||
19 | (g) The Department may refuse to issue an applicant a | ||||||
20 | temporary license authorized pursuant to this Section if, | ||||||
21 | within 14 working days after its receipt of an application for | ||||||
22 | a temporary license, the Department determines that: | ||||||
23 | (1) the applicant has been convicted of a crime under | ||||||
24 | the laws of a jurisdiction of the United States that is (i) | ||||||
25 | a felony or (ii) a misdemeanor directly related to the | ||||||
26 | practice of the profession, within the last 5 years; |
| |||||||
| |||||||
1 | (2) the applicant has had a license or permit related | ||||||
2 | to the practice of practical nursing revoked, suspended, or | ||||||
3 | placed on probation by another jurisdiction within the last | ||||||
4 | 5 years and at least one of the grounds for revoking, | ||||||
5 | suspending, or placing on probation is the same or | ||||||
6 | substantially equivalent to grounds for disciplinary | ||||||
7 | action under this Act; or | ||||||
8 | (3) the Department intends to deny licensure by | ||||||
9 | endorsement. | ||||||
10 | (h) The Department may revoke a temporary license issued | ||||||
11 | pursuant to this Section if it determines any of the following: | ||||||
12 | (1) That the applicant has been convicted of a crime | ||||||
13 | under the law of any jurisdiction of the United States that | ||||||
14 | is (i) a felony or (ii) a misdemeanor directly related to | ||||||
15 | the practice of the profession, within the last 5 years. | ||||||
16 | (2) That within the last 5 years, the applicant has had | ||||||
17 | a license or permit related to the practice of nursing | ||||||
18 | revoked, suspended, or placed on probation by another | ||||||
19 | jurisdiction and at least one of the grounds for revoking, | ||||||
20 | suspending, or placing on probation is the same or | ||||||
21 | substantially equivalent to grounds for disciplinary | ||||||
22 | action under this Act. | ||||||
23 | (3) That the Department intends to deny licensure by | ||||||
24 | endorsement. | ||||||
25 | (i) A temporary license issued under this Act shall expire | ||||||
26 | 6 months from the date of issuance. Further renewal may be |
| |||||||
| |||||||
1 | granted by the Department in hardship cases, as defined by | ||||||
2 | rule, and upon approval of the Secretary; however, a temporary | ||||||
3 | license shall automatically expire upon issuance of a valid | ||||||
4 | license under this Act or upon notification that the Department | ||||||
5 | intends to deny licensure, whichever occurs first. | ||||||
6 | (i-5) All applicants for practical nurse licensure have 2 | ||||||
7 | years after the date of application to complete the application | ||||||
8 | process. If the process has not been completed within 2 years | ||||||
9 | after the date of application, the application shall be denied, | ||||||
10 | the fee forfeited, and the applicant must reapply and meet the | ||||||
11 | requirements in effect at the time of reapplication. | ||||||
12 | (j) All applicants for practical nurse licensure by | ||||||
13 | examination or endorsement who are graduates of practical | ||||||
14 | nursing educational programs in a country other than the United | ||||||
15 | States and its territories must do each of the following: | ||||||
16 | (1) Submit an application and all fees, as established | ||||||
17 | by the Department. | ||||||
18 | (2) Submit a practical nursing education credentials | ||||||
19 | evaluation completed by a Department-approved nursing | ||||||
20 | credentialing evaluation service. No such applicant may be | ||||||
21 | issued a license under this Act unless the applicant's | ||||||
22 | education is deemed by the nursing credentialing | ||||||
23 | evaluation service to be equivalent to the practical | ||||||
24 | nursing education programs approved by the Department for | ||||||
25 | this State. | ||||||
26 | (3) Submit certification of passage of a |
| |||||||
| |||||||
1 | Department-approved English language proficiency | ||||||
2 | examination, as defined by rule. The Department may, upon | ||||||
3 | recommendation from a nursing evaluation service, waive | ||||||
4 | the requirement that the applicant pass the English | ||||||
5 | language proficiency examination if the applicant submits | ||||||
6 | verification of the successful completion of a nursing | ||||||
7 | education program conducted in English. | ||||||
8 | (4) If an applicant is applying for licensure by | ||||||
9 | endorsement, submit verification of licensure status | ||||||
10 | directly from the country of origin to the credentialing | ||||||
11 | service, as defined by rule. | ||||||
12 | (5) Have passed the examination for licensure | ||||||
13 | authorized by the Department. | ||||||
14 | (6) Submit to the criminal history records check | ||||||
15 | required under Section 5-35 of this Act. | ||||||
16 | (7) Meet all other requirements as established by rule. | ||||||
17 | Section 10-15. LPN practice in cases of emergency or | ||||||
18 | disaster. | ||||||
19 | (a) A licensed practical nurse with an unencumbered license | ||||||
20 | from another state or United States territory may provide | ||||||
21 | nursing care for victims during an emergency or disaster in | ||||||
22 | this State for up to 3 months following the date the disaster | ||||||
23 | or emergency was declared. Licensed practical or vocational | ||||||
24 | nurses from outside of this State who provide assistance under | ||||||
25 | this Section must meet each of the following requirements: |
| |||||||
| |||||||
1 | (1) He or she must hold an unencumbered practical nurse | ||||||
2 | license from a United States jurisdiction. | ||||||
3 | (2) He or she must have graduated from a practical or | ||||||
4 | vocational nursing program that has been approved by a | ||||||
5 | valid state board of nursing. | ||||||
6 | (3) He or she must have taken and passed the | ||||||
7 | Department-approved licensure exam. | ||||||
8 | (b) At the discretion of the Secretary, the following | ||||||
9 | exemptions may be applied by the Department for licensed | ||||||
10 | practical nurses displaced during a federally declared | ||||||
11 | emergency or disaster and seeking licensure under this Act: | ||||||
12 | (1) Verification of licensure may be obtained from an | ||||||
13 | authorized national databank. | ||||||
14 | (2) The Department may accept a photocopy of a license, | ||||||
15 | if sent directly from a nursing program that the applicant | ||||||
16 | graduated from or an institution that employed the | ||||||
17 | applicant. | ||||||
18 | (3) The licensure fee may be waived for up to 3 months. | ||||||
19 | In these circumstances, the Department shall issue a | ||||||
20 | temporary license, for not more than 6 months or until all | ||||||
21 | credentials are received for licensure by endorsement or | ||||||
22 | licensure is denied. | ||||||
23 | Section 10-20. LPN license expiration; renewal. The | ||||||
24 | expiration date and renewal
period for each license to practice | ||||||
25 | practical nursing issued under this Act shall be set by rule. |
| |||||||
| |||||||
1 | The holder of a license may renew the license during the month | ||||||
2 | preceding the expiration date of the license by paying the | ||||||
3 | required fee. It is the responsibility of the licensee to | ||||||
4 | notify the Department in writing of a change of address.
| ||||||
5 | Section 10-25. Restoration of LPN license; temporary | ||||||
6 | permit. | ||||||
7 | (a) Any license to practice practical nursing issued under | ||||||
8 | this Act that has expired or that is on inactive status may be | ||||||
9 | restored by making application to the Department and filing | ||||||
10 | proof of fitness acceptable to the Department, as specified by | ||||||
11 | rule, to have the license restored, and by paying the required | ||||||
12 | restoration fee. Such proof of fitness may include evidence | ||||||
13 | certifying active lawful practice in another jurisdiction. | ||||||
14 | (b) A practical nurse licensee seeking restoration of a | ||||||
15 | license after it has expired or been placed on inactive status | ||||||
16 | for more than 5 years shall file an application, on forms | ||||||
17 | supplied by the Department, and submit the restoration or | ||||||
18 | renewal fees set forth by the Department. The licensee must | ||||||
19 | also submit proof of fitness to practice, including one of the | ||||||
20 | following: | ||||||
21 | (1) certification of active practice in another | ||||||
22 | jurisdiction, which may include a statement from the | ||||||
23 | appropriate board or licensing authority in the other | ||||||
24 | jurisdiction that the licensee was authorized to practice | ||||||
25 | during the term of said active practice; |
| |||||||
| |||||||
1 | (2) proof of the successful completion of a | ||||||
2 | Department-approved licensure examination; or | ||||||
3 | (3) an affidavit attesting to military service as | ||||||
4 | provided in subsection (c) of this Section; however, if | ||||||
5 | application is made within 2 years after discharge and if | ||||||
6 | all other provisions of subsection (c) of this Section are | ||||||
7 | satisfied, the applicant shall be required to pay the | ||||||
8 | current renewal fee. | ||||||
9 | (c) Notwithstanding any other provision of this Act, any | ||||||
10 | license to practice practical nursing issued under this Act | ||||||
11 | that expired while the licensee was (i) in federal service on | ||||||
12 | active duty with the Armed Forces of the United States or in | ||||||
13 | the State Militia and called into service or training or (ii) | ||||||
14 | in training or education under the supervision of the United | ||||||
15 | States preliminary to induction into the military service may | ||||||
16 | have the license restored without paying any lapsed renewal | ||||||
17 | fees if, within 2 years after honorable termination of such | ||||||
18 | service, training, or education, the applicant furnishes the | ||||||
19 | Department with satisfactory evidence to the effect that the | ||||||
20 | applicant has been so engaged and that the individual's | ||||||
21 | service, training, or education has been so terminated. | ||||||
22 | (d) Any practical nurse licensee who shall engage in the | ||||||
23 | practice of practical nursing with a lapsed license or while on | ||||||
24 | inactive status shall be considered to be practicing without a | ||||||
25 | license, which shall be grounds for discipline under Section | ||||||
26 | 20-5 of this Act. |
| |||||||
| |||||||
1 | (e) Pending restoration of a license under this Section, | ||||||
2 | the Department may grant an applicant a temporary permit to | ||||||
3 | practice as a practical nurse if the Department is satisfied | ||||||
4 | that the applicant holds an active, unencumbered license in | ||||||
5 | good standing in another jurisdiction. If the applicant holds | ||||||
6 | more than one current active license or one or more active | ||||||
7 | temporary licenses from other jurisdictions the Department | ||||||
8 | shall not issue a temporary permit until it is satisfied that | ||||||
9 | each current active license held by the applicant is | ||||||
10 | unencumbered. The temporary permit, which shall be issued no | ||||||
11 | later than 14 working days after receipt by the Department of | ||||||
12 | an application for the permit, shall be granted upon the | ||||||
13 | submission of all of the following to the Department: | ||||||
14 | (1) A signed and completed application for restoration | ||||||
15 | of licensure under this Section as a licensed practical | ||||||
16 | nurse. | ||||||
17 | (2) Proof of (i) a current, active license in at least | ||||||
18 | one other jurisdiction and proof that each current, active | ||||||
19 | license or temporary permit held by the applicant is | ||||||
20 | unencumbered or (ii) fitness to practice nursing in this | ||||||
21 | State as specified by rule. | ||||||
22 | (3) A signed and completed application for a temporary | ||||||
23 | permit. | ||||||
24 | (4) The required permit fee. | ||||||
25 | (f) The Department may refuse to issue to an applicant a | ||||||
26 | temporary permit authorized under this Section if, within 14 |
| |||||||
| |||||||
1 | working days after its receipt of an application for a | ||||||
2 | temporary permit, the Department determines that: | ||||||
3 | (1) the applicant has been convicted within the last 5 | ||||||
4 | years of any crime under the laws of any jurisdiction of | ||||||
5 | the United States that is (i) a felony or (ii) a | ||||||
6 | misdemeanor directly related to the practice of the | ||||||
7 | profession; | ||||||
8 | (2) within the last 5 years, the applicant has had a | ||||||
9 | license or permit related to the practice of nursing | ||||||
10 | revoked, suspended, or placed on probation by another | ||||||
11 | jurisdiction if at least one of the grounds for revoking, | ||||||
12 | suspending, or placing on probation is the same or | ||||||
13 | substantially equivalent to grounds for disciplinary | ||||||
14 | action under this Act; or | ||||||
15 | (3) the Department intends to deny restoration of the | ||||||
16 | license. | ||||||
17 | (g) The Department may revoke a temporary permit issued | ||||||
18 | under this Section if: | ||||||
19 | (1) the Department determines that the applicant has | ||||||
20 | been convicted within the last 5 years of any crime under | ||||||
21 | the laws of any jurisdiction of the United States that is | ||||||
22 | (i) a felony or (ii) a misdemeanor directly related to the | ||||||
23 | practice of the profession; | ||||||
24 | (2) within the last 5 years, the applicant had a | ||||||
25 | license or permit related to the practice of nursing | ||||||
26 | revoked, suspended, or placed on probation by another |
| |||||||
| |||||||
1 | jurisdiction and at least one of the grounds for revoking, | ||||||
2 | suspending, or placing on probation is the same or | ||||||
3 | substantially equivalent to grounds for disciplinary | ||||||
4 | action under this Act; or | ||||||
5 | (3) the Department intends to deny restoration of the | ||||||
6 | license. | ||||||
7 | (h) A temporary permit or renewed temporary permit shall | ||||||
8 | expire (i) upon issuance of a valid license under this Act or | ||||||
9 | (ii) upon notification that the Department intends to deny | ||||||
10 | restoration of licensure. The temporary permit shall expire 6 | ||||||
11 | months after the date of issuance. Further renewal may be | ||||||
12 | granted by the Department in hardship cases that shall | ||||||
13 | automatically expire upon issuance of a valid license under | ||||||
14 | this Act or upon notification that the Department intends to | ||||||
15 | deny licensure, whichever occurs first. No extensions shall be | ||||||
16 | granted beyond the 6-month period, unless approved by the | ||||||
17 | Secretary. Notification by the Department under this Section | ||||||
18 | must be by certified or registered mail. | ||||||
19 | Section 10-30. Suspension of LPN license or registration | ||||||
20 | for failure to pay restitution. The Department, without further | ||||||
21 | process or hearing, shall suspend the license or other | ||||||
22 | authorization to practice practical nursing issued under this | ||||||
23 | Act of any person who has been certified by court order as not | ||||||
24 | having paid restitution to a person under Section 8A-3.5 of the | ||||||
25 | Illinois Public Aid Code or under Section 46-1 of the Criminal |
| |||||||
| |||||||
1 | Code of 1961. A person whose license or other authorization to | ||||||
2 | practice is suspended under this Section is prohibited from | ||||||
3 | practicing until restitution is made in full. | ||||||
4 | Section 10-35. Inactive status of a LPN license. Any | ||||||
5 | licensed practical nurse, who notifies the Department in | ||||||
6 | writing on forms prescribed by the Department, may elect to | ||||||
7 | place his or her license on inactive status and shall, subject | ||||||
8 | to rules of the Department, be excused from payment of renewal | ||||||
9 | fees until notice is given to the Department, in writing, of | ||||||
10 | his or her intent to restore the license. | ||||||
11 | Any practical nurse requesting restoration from inactive | ||||||
12 | status shall be required to pay the current renewal fee and | ||||||
13 | shall be required to restore his or her license, as provided by | ||||||
14 | rule of the Department. | ||||||
15 | Any practical nurse whose license is in an inactive status | ||||||
16 | shall not practice nursing as defined by this Act in the State | ||||||
17 | of Illinois. | ||||||
18 | Section 10-40. LPN scope of practice; professional | ||||||
19 | standards. | ||||||
20 | (a) Practice as a licensed practical nurse means a scope of | ||||||
21 | basic nursing practice, with or without compensation or | ||||||
22 | personal profit, as delegated by a registered professional | ||||||
23 | nurse or advanced practice nurse or as directed by a physician | ||||||
24 | assistant, physician, dentist, or podiatrist, and includes, |
| |||||||
| |||||||
1 | but is not limited to, all of the following: | ||||||
2 | (1) Collecting data that contributes to the registered | ||||||
3 | professional nurse's or advanced practice nurse's | ||||||
4 | assessment of the health status of a patient. | ||||||
5 | (2) Participating in the development and modification | ||||||
6 | of the registered professional nurse's or advanced | ||||||
7 | practice nurse's comprehensive plan of care for all types | ||||||
8 | of patients. | ||||||
9 | (3) Implementing aspects of the plan of care as | ||||||
10 | delegated. | ||||||
11 | (4) Assuring a safe and therapeutic environment. | ||||||
12 | (5) Participating in health teaching and counseling to | ||||||
13 | promote, attain, and maintain the optimum health level of | ||||||
14 | patients, as delegated. | ||||||
15 | (6) Serving as an advocate for the patient by | ||||||
16 | communicating and collaborating with other health service | ||||||
17 | personnel, as delegated. | ||||||
18 | (7) Participating in the evaluation of patient | ||||||
19 | responses to interventions. | ||||||
20 | (8) Communicating and collaborating with other health | ||||||
21 | care professionals, as delegated. | ||||||
22 | (9) Providing input into the development of policies | ||||||
23 | and procedures. | ||||||
24 | (b) The licensed practical nurse shall without limitation | ||||||
25 | uphold all of the following professional standards of practice: | ||||||
26 | (1) He or she shall practice in accordance with the Act |
| |||||||
| |||||||
1 | and rules adopted thereunder. | ||||||
2 | (2) He or she shall practice nursing only when in | ||||||
3 | functional physical and mental health. | ||||||
4 | (3) He or she shall be accountable for his or her own | ||||||
5 | nursing actions and competencies. | ||||||
6 | (4) He or she shall practice or offer to practice, | ||||||
7 | including delegated nursing activities, only within the | ||||||
8 | scope permitted by law and within the licensee's own | ||||||
9 | educational preparation and competencies. | ||||||
10 | (5) He or she shall perform nursing activities as | ||||||
11 | delegated. | ||||||
12 | (6) He or she shall seek instruction from a registered | ||||||
13 | professional nurse or advanced practice nurse when | ||||||
14 | implementing new or unfamiliar nursing activities. | ||||||
15 | (7) He or she shall report unsafe, unethical, or | ||||||
16 | illegal health care practices or conditions to appropriate | ||||||
17 | authorities and to the Department. | ||||||
18 | (8) He or she shall assume responsibility for continued | ||||||
19 | growth and education to reflect knowledge and | ||||||
20 | understanding of current nursing practice. | ||||||
21 | (c) Violations of this Section may result in discipline as | ||||||
22 | specified in Section 20-5 of the Act. All disciplinary hearings | ||||||
23 | shall be conducted in accordance with the Illinois | ||||||
24 | Administrative Code. | ||||||
25 | Section 10-45. Continuing education for LPN licensees. The |
| |||||||
| |||||||
1 | Department may adopt rules of continuing education for licensed | ||||||
2 | practical nurses that require 20 hours of continuing education | ||||||
3 | per 2-year license renewal cycle. The rules shall address | ||||||
4 | variances in part or in whole for good cause, including without | ||||||
5 | limitation illness or hardship. The continuing education rules | ||||||
6 | must ensure that licensees are given the opportunity to | ||||||
7 | participate in programs sponsored by or through their State or | ||||||
8 | national professional associations, hospitals, or other | ||||||
9 | providers of continuing education. Each licensee is | ||||||
10 | responsible for maintaining records of completion of | ||||||
11 | continuing education and shall be prepared to produce the | ||||||
12 | records when requested by the Department. | ||||||
13 | Section 10-50. RN education program requirements; | ||||||
14 | out-of-State programs. | ||||||
15 | (a) All registered professional nurse education programs | ||||||
16 | must be reviewed by the Board and approved by the Department | ||||||
17 | before the successful completion of such a program may be | ||||||
18 | applied toward meeting the requirements for registered | ||||||
19 | professional nurse licensure under this Act. Any program | ||||||
20 | changing the level of educational preparation or the | ||||||
21 | relationship with or to the parent institution or establishing | ||||||
22 | an extension of an existing program must request a review by | ||||||
23 | the Board and approval by the Department. The Board shall | ||||||
24 | review and make a recommendation for the approval or | ||||||
25 | disapproval of a program by the Department based on the |
| |||||||
| |||||||
1 | following criteria: | ||||||
2 | (1) a feasibility study that describes the need for the | ||||||
3 | program and the facilities used, the potential of the | ||||||
4 | program to recruit faculty and students, financial support | ||||||
5 | for the program, and other criteria, as established by | ||||||
6 | rule; | ||||||
7 | (2) program curriculum that meets all State | ||||||
8 | requirements; | ||||||
9 | (3) the administration of the program by a Nurse | ||||||
10 | Administrator and the involvement of a Nurse Administrator | ||||||
11 | in the development of the program; and | ||||||
12 | (4) the occurrence of a site visit prior to approval | ||||||
13 | and the condition that a site visit shall occur one year | ||||||
14 | after the first class of students has graduated. | ||||||
15 | Provisional program approval shall be granted by the | ||||||
16 | Department upon the recommendation of the Board for approval | ||||||
17 | based on a program meeting the criteria set forth in items (1) | ||||||
18 | through (4) of this subsection (a). Final approval of a program | ||||||
19 | may not be granted by the Department until a review of the | ||||||
20 | licensure exam scores of the program's initial graduating class | ||||||
21 | and the final site visit upon which provisional approval was | ||||||
22 | conditioned, as set forth in item (4) of this subsection (a), | ||||||
23 | are conducted and the requirements set forth in subsection (b) | ||||||
24 | of this Section are met. | ||||||
25 | (b) In order to obtain initial Department approval and to | ||||||
26 | maintain Department approval, a registered professional |
| |||||||
| |||||||
1 | nursing program must meet all of the following requirements: | ||||||
2 | (1) The institution responsible for conducting the | ||||||
3 | program and the Nurse Administrator must ensure that | ||||||
4 | individual faculty members are academically and | ||||||
5 | professionally competent. | ||||||
6 | (2) The program curriculum must contain all applicable | ||||||
7 | requirements established by rule, including both theory | ||||||
8 | and clinical components. | ||||||
9 | (3) The passage rates of the program's graduating | ||||||
10 | classes on the State-approved licensure exam must be deemed | ||||||
11 | satisfactory by the Department. | ||||||
12 | (c) Program site visits to an institution conducting or | ||||||
13 | hosting a professional nursing program may be made at the | ||||||
14 | discretion of the Nursing Coordinator or upon recommendation of | ||||||
15 | the Board. Full routine site visits shall be conducted by the | ||||||
16 | Department for periodic evaluation. The visits shall be used to | ||||||
17 | determine compliance with this Act. Full routine site visits | ||||||
18 | must be announced and may be waived at the discretion of the | ||||||
19 | Department if the program maintains accreditation with the | ||||||
20 | National League for Nursing Accrediting Commission (NLNAC) or | ||||||
21 | the Commission on Collegiate Nursing Education (CCNE). | ||||||
22 | (d) Any institution conducting a registered professional | ||||||
23 | nursing program that wishes to discontinue the program must do | ||||||
24 | each of the following: | ||||||
25 | (1) Notify the Department, in writing, of its intent to | ||||||
26 | discontinue the program. |
| |||||||
| |||||||
1 | (2) Continue to meet the requirements of this Act and | ||||||
2 | the rules adopted thereunder until the official date of | ||||||
3 | termination of the program. | ||||||
4 | (3) Notify the Department of the date on which the last | ||||||
5 | student shall graduate from the program and the program | ||||||
6 | shall terminate. | ||||||
7 | (4) Assist remaining students in the continuation of | ||||||
8 | their education in the event of program termination prior | ||||||
9 | to the graduation of the program's final student. | ||||||
10 | (5) Upon the closure of the program, notify the | ||||||
11 | Department, in writing, of the location of student and | ||||||
12 | graduate records' storage. | ||||||
13 | (e) Out-of-State registered professional nursing education | ||||||
14 | programs planning to offer clinical practice experiences in | ||||||
15 | this State must meet the requirements set forth in this Section | ||||||
16 | and must meet the clinical and faculty requirements for | ||||||
17 | institutions outside of this State, as established by rule. The | ||||||
18 | institution responsible for conducting an out-of-State | ||||||
19 | registered professional nursing education program and the | ||||||
20 | administrator of the program shall be responsible for ensuring | ||||||
21 | that the individual faculty and preceptors overseeing the | ||||||
22 | clinical experience are academically and professionally | ||||||
23 | competent. | ||||||
24 | Section 10-55. Qualifications for RN licensure. | ||||||
25 | (a) Each applicant who successfully meets the requirements |
| |||||||
| |||||||
1 | of this Section shall be entitled to licensure as a registered | ||||||
2 | professional nurse. | ||||||
3 | (b) An applicant for licensure by examination to practice | ||||||
4 | as a registered professional nurse must do each of the | ||||||
5 | following: | ||||||
6 | (1) Submit a completed written application and fees, as | ||||||
7 | established by the Department. | ||||||
8 | (2) Have graduated from a professional nursing | ||||||
9 | education program approved by the Department. | ||||||
10 | (3) Successfully complete a licensure examination | ||||||
11 | approved by the Department. | ||||||
12 | (4) Have not violated the provisions of this Act | ||||||
13 | concerning grounds for disciplinary action. The Department | ||||||
14 | may take into consideration any felony conviction of the | ||||||
15 | applicant, but such a conviction may not operate as an | ||||||
16 | absolute bar to licensure. The applicant must report any | ||||||
17 | pending criminal charges including arrests, detentions, | ||||||
18 | indictments, criminal convictions, pleas of nolo | ||||||
19 | contendere, or other plea arrangements in lieu of | ||||||
20 | conviction, and any other formal criminal charges, | ||||||
21 | including dispositions arising from criminal charges such | ||||||
22 | as sentencing, supervision, and release or any dismissal of | ||||||
23 | charges. | ||||||
24 | (5) Submit to the criminal history records check | ||||||
25 | required under Section 5-35 of this Act. | ||||||
26 | (6) Submit, either to the Department or its designated |
| |||||||
| |||||||
1 | testing service, a fee covering the cost of providing the | ||||||
2 | examination. Failure to appear for the examination on the | ||||||
3 | scheduled date at the time and place specified after the | ||||||
4 | applicant's application for examination has been received | ||||||
5 | and acknowledged by the Department or the designated | ||||||
6 | testing service shall result in the forfeiture of the | ||||||
7 | examination fee. | ||||||
8 | (7) Meet all other requirements established by the | ||||||
9 | Department by rule. | ||||||
10 | An applicant for licensure by examination may take the | ||||||
11 | Department-approved examination in another
jurisdiction.
| ||||||
12 | (b) If an applicant for licensure by examination neglects | ||||||
13 | or refuses to take an examination or fails to pass an | ||||||
14 | examination for a license under this Act within 3 years after | ||||||
15 | graduation from a professional nursing education program, | ||||||
16 | regardless of the jurisdiction in which the examination was | ||||||
17 | written, the applicant shall not be permitted to take the | ||||||
18 | examination until the applicant provides proof to the | ||||||
19 | Department of the successful completion of at least 2 | ||||||
20 | additional years of professional nursing education. | ||||||
21 | (c) An applicant for licensure by examination shall have | ||||||
22 | one year after the date of notification of the successful | ||||||
23 | completion of the examination to apply to the Department for a | ||||||
24 | license. If an applicant fails to apply within one year, the | ||||||
25 | applicant shall be required to retake and pass the examination | ||||||
26 | unless licensed in another jurisdiction of the United States. |
| |||||||
| |||||||
1 | (d) An applicant for licensure by examination who passes | ||||||
2 | the Department-approved licensure examination for professional | ||||||
3 | nursing may obtain employment as a license-pending registered | ||||||
4 | nurse and practice under the direction of a registered | ||||||
5 | professional nurse or an advanced practice nurse until such | ||||||
6 | time as he or she receives his or her license to practice or | ||||||
7 | until the license is denied. In no instance shall any such | ||||||
8 | applicant practice or be employed in any management capacity. | ||||||
9 | An individual may be employed as a license-pending registered | ||||||
10 | nurse if all of the following criteria are met: | ||||||
11 | (1) He or she has completed and passed the | ||||||
12 | Department-approved licensure exam and presents to the | ||||||
13 | employer the official written notification indicating | ||||||
14 | successful passage of the licensure examination. | ||||||
15 | (2) He or she has completed and submitted to the | ||||||
16 | Department an application for licensure under this Section | ||||||
17 | as a registered professional nurse. | ||||||
18 | (3) He or she has submitted the required licensure fee. | ||||||
19 | (4) He or she has met all other requirements | ||||||
20 | established by rule, including having submitted to a | ||||||
21 | criminal history records check. | ||||||
22 | (e) The privilege to practice as a license-pending | ||||||
23 | registered nurse shall terminate with the occurrence of any of | ||||||
24 | the following: | ||||||
25 | (1) Three months have passed since the official date of | ||||||
26 | passing the licensure exam as inscribed on the formal |
| |||||||
| |||||||
1 | written notification indicating passage of the exam. The | ||||||
2 | 3-month license pending period may be extended if more time | ||||||
3 | is needed by the Department to process the licensure | ||||||
4 | application. | ||||||
5 | (2) Receipt of the registered professional nurse | ||||||
6 | license from the Department. | ||||||
7 | (3) Notification from the Department that the | ||||||
8 | application for licensure has been refused. | ||||||
9 | (4) A request by the Department that the individual | ||||||
10 | terminate practicing as a license-pending registered nurse | ||||||
11 | until an official decision is made by the Department to | ||||||
12 | grant or deny a registered professional nurse license. | ||||||
13 | (f) An applicant for registered professional nurse | ||||||
14 | licensure by endorsement who is a registered professional nurse | ||||||
15 | licensed by examination under the laws of another state or | ||||||
16 | territory of the United States must do each of the following: | ||||||
17 | (1) Submit a completed written application, on forms | ||||||
18 | supplied by the Department, and fees as established by the | ||||||
19 | Department. | ||||||
20 | (2) Have graduated from a registered professional | ||||||
21 | nursing education program approved by the Department. | ||||||
22 | (3) Submit verification of licensure status directly | ||||||
23 | from the United States jurisdiction of licensure, if | ||||||
24 | applicable, as defined by rule. | ||||||
25 | (4) Submit to the criminal history records check | ||||||
26 | required under Section 5-35 of this Act. |
| |||||||
| |||||||
1 | (5) Meet all other requirements as established by the | ||||||
2 | Department by rule. | ||||||
3 | (g) Pending the issuance of a license under this Section, | ||||||
4 | the Department may grant an applicant a temporary license to | ||||||
5 | practice nursing as a registered professional nurse if the | ||||||
6 | Department is satisfied that the applicant holds an active, | ||||||
7 | unencumbered license in good standing in another U.S. | ||||||
8 | jurisdiction. If the applicant holds more than one current | ||||||
9 | active license or one or more active temporary licenses from | ||||||
10 | other jurisdictions, the Department may not issue a temporary | ||||||
11 | license until the Department is satisfied that each current | ||||||
12 | active license held by the applicant is unencumbered. The | ||||||
13 | temporary license, which shall be issued no later than 14 | ||||||
14 | working days after receipt by the Department of an application | ||||||
15 | for the temporary license, shall be granted upon the submission | ||||||
16 | of all of the following to the Department: | ||||||
17 | (1) A completed application for licensure as a | ||||||
18 | registered professional nurse. | ||||||
19 | (2) Proof of a current, active license in at least one | ||||||
20 | other jurisdiction of the United States and proof that each | ||||||
21 | current active license or temporary license held by the | ||||||
22 | applicant within the last 5 years is unencumbered. | ||||||
23 | (3) A completed application for a temporary license. | ||||||
24 | (4) The required temporary license fee. | ||||||
25 | (h) The Department may refuse to issue an applicant a | ||||||
26 | temporary license authorized pursuant to this Section if, |
| |||||||
| |||||||
1 | within 14 working days after its receipt of an application for | ||||||
2 | a temporary license, the Department determines that: | ||||||
3 | (1) the applicant has been convicted of a crime under | ||||||
4 | the laws of a jurisdiction of the United States that is (i) | ||||||
5 | a felony or (ii) a misdemeanor directly related to the | ||||||
6 | practice of the profession, within the last 5 years; | ||||||
7 | (2) the applicant has had a license or permit related | ||||||
8 | to the practice of nursing revoked, suspended, or placed on | ||||||
9 | probation by another jurisdiction within the last 5 years, | ||||||
10 | if at least one of the grounds for revoking, suspending, or | ||||||
11 | placing on probation is the same or substantially | ||||||
12 | equivalent to grounds for disciplinary action under this | ||||||
13 | Act; or | ||||||
14 | (3) the Department intends to deny licensure by | ||||||
15 | endorsement. | ||||||
16 | (i) The Department may revoke a temporary license issued | ||||||
17 | pursuant to this Section if it determines any of the following: | ||||||
18 | (1) That the applicant has been convicted of a crime | ||||||
19 | under the laws of any jurisdiction of the United States | ||||||
20 | that is (i) a felony or (ii) a misdemeanor directly related | ||||||
21 | to the practice of the profession, within the last 5 years. | ||||||
22 | (2) That within the last 5 years, the applicant has had | ||||||
23 | a license or permit related to the practice of nursing | ||||||
24 | revoked, suspended, or placed on probation by another | ||||||
25 | jurisdiction, if at least one of the grounds for revoking, | ||||||
26 | suspending, or placing on probation is the same or |
| |||||||
| |||||||
1 | substantially equivalent to grounds for disciplinary | ||||||
2 | action under this Act. | ||||||
3 | (3) That it intends to deny licensure by endorsement. | ||||||
4 | (j) A temporary license issued under this Section shall | ||||||
5 | expire 6 months after the date of issuance. Further renewal may | ||||||
6 | be granted by the Department in hardship cases, as defined by | ||||||
7 | rule and upon approval of the Secretary. However, a temporary | ||||||
8 | license shall automatically expire upon issuance of the | ||||||
9 | Illinois license or upon notification that the Department | ||||||
10 | intends to deny licensure, whichever occurs first. | ||||||
11 | (k) All applicants for registered professional nurse | ||||||
12 | licensure have 2 years after the date of application to | ||||||
13 | complete the application process. If the process has not been | ||||||
14 | completed within 2 years after the date of application, the | ||||||
15 | application shall be denied, the fee forfeited, and the | ||||||
16 | applicant must reapply and meet the requirements in effect at | ||||||
17 | the time of reapplication. | ||||||
18 | (l) All applicants for registered professional nurse | ||||||
19 | licensure by examination or endorsement who are graduates of | ||||||
20 | nursing educational programs in a country outside of the United | ||||||
21 | States and its territories must do each of the following: | ||||||
22 | (1) Submit an application and fees, as established by | ||||||
23 | the Department. | ||||||
24 | (2) Have their nursing education credentials evaluated | ||||||
25 | by a Department-approved nursing credentialing evaluation | ||||||
26 | service. No such applicant may be issued a license under |
| |||||||
| |||||||
1 | this Act unless the applicant's nursing education program | ||||||
2 | is deemed by the nursing credentialing evaluation service | ||||||
3 | to be equivalent to the professional nursing education | ||||||
4 | programs approved by the Department for this State. | ||||||
5 | (3) Submit certification of passage of a | ||||||
6 | Department-approved English language proficiency | ||||||
7 | examination, as defined by rule. The Department may, upon | ||||||
8 | recommendation from a nursing evaluation service, waive | ||||||
9 | the requirement that the applicant pass the English | ||||||
10 | language examination if the applicant submits verification | ||||||
11 | of the successful completion of a nursing education program | ||||||
12 | conducted in English. | ||||||
13 | (4) If an applicant is applying for licensure by | ||||||
14 | endorsement, submit verification of licensure status | ||||||
15 | directly from the country of origin to the credentialing | ||||||
16 | service, as defined by rule. | ||||||
17 | (5) Have passed the licensure examination authorized | ||||||
18 | by the Department. | ||||||
19 | (6) Submit to the criminal history records check | ||||||
20 | required under Section 5-35 of this Act. | ||||||
21 | (7) Meet all other requirements as established by rule. | ||||||
22 | Section 10-60. RN practice in cases of emergency or | ||||||
23 | disaster. | ||||||
24 | (a) A registered professional nurse with an unencumbered | ||||||
25 | license from another state or United States territory may |
| |||||||
| |||||||
1 | provide nursing care for victims during an emergency or | ||||||
2 | disaster in this State for up to 3 months following the date | ||||||
3 | the disaster or emergency was declared. Registered | ||||||
4 | professional nurses from outside of this State who provide | ||||||
5 | assistance under this Section must meet each of the following | ||||||
6 | requirements: | ||||||
7 | (1) He or she must hold an unencumbered registered | ||||||
8 | professional nurse license from a United States | ||||||
9 | jurisdiction. | ||||||
10 | (2) He or she must have graduated from a professional | ||||||
11 | nursing program that has been approved by a valid state | ||||||
12 | board of nursing. | ||||||
13 | (3) He or she must have taken and passed the | ||||||
14 | Department-approved licensure exam. | ||||||
15 | (b) At the discretion of the Secretary, the following | ||||||
16 | exemptions may be applied by the Department for registered | ||||||
17 | professional nurses displaced during a federally declared | ||||||
18 | emergency or disaster and seeking licensure under this Act: | ||||||
19 | (1) Verification of licensure may be obtained from an | ||||||
20 | authorized national databank. | ||||||
21 | (2) The Department may accept a photocopy of a license, | ||||||
22 | if sent directly from a nursing program that the applicant | ||||||
23 | graduated from or an institution that employed the | ||||||
24 | applicant. | ||||||
25 | (3) The licensure fee may be waived for up to 3 months. | ||||||
26 | In these circumstances, the Department shall issue a |
| |||||||
| |||||||
1 | temporary license, for not more than 6 months or until all | ||||||
2 | credentials are received for licensure by endorsement or | ||||||
3 | licensure is denied. | ||||||
4 | Section 10-65. Registered nurse externship permit. | ||||||
5 | (a) The Department shall establish a program under which | ||||||
6 | the Department may issue a nurse externship permit to a | ||||||
7 | registered nurse who is licensed under the laws of another | ||||||
8 | state or territory of the United States and who has not taken | ||||||
9 | the National Council Licensure Examination (NCLEX). A | ||||||
10 | registered nurse who is issued a permit shall be allowed to | ||||||
11 | practice as a nurse extern under the direct, on-site | ||||||
12 | supervision of a registered nurse licensed under this Act. | ||||||
13 | There shall be one supervising registered nurse for every one | ||||||
14 | nurse extern. | ||||||
15 | (b) An applicant shall be qualified to receive a nurse | ||||||
16 | externship permit if that applicant: | ||||||
17 | (1) Has submitted a completed written application
to | ||||||
18 | the Department, on forms provided by the Department and | ||||||
19 | submitted any fees established by the Department.
| ||||||
20 | (2) Has graduated from a professional nursing
| ||||||
21 | education program approved by the Department.
| ||||||
22 | (3) Is licensed as a professional nurse in another
| ||||||
23 | state or territory of the United States and has submitted a | ||||||
24 | verification of active and unencumbered licensure in all of | ||||||
25 | the states and territories in which the applicant is |
| |||||||
| |||||||
1 | licensed.
| ||||||
2 | (4) Has submitted verification of an offer of
| ||||||
3 | employment in Illinois as a nurse extern. The Department | ||||||
4 | may prescribe the information necessary to determine if | ||||||
5 | this employment meets the requirements of the permit | ||||||
6 | program. This information shall include a copy of the | ||||||
7 | written employment offer.
| ||||||
8 | (5) Has submitted a written statement from the
| ||||||
9 | applicant's prospective employer stating that the | ||||||
10 | prospective employer agrees to pay the full tuition for the | ||||||
11 | Bilingual Nurse Consortium course or other course approved | ||||||
12 | by rule.
| ||||||
13 | (6) Has submitted proof of taking the Test of
English | ||||||
14 | as a Foreign Language (TOEFL) with a minimum score as set | ||||||
15 | by rule. Applicants with the highest TOEFL scores shall be | ||||||
16 | given first consideration to entrance into an extern | ||||||
17 | program.
| ||||||
18 | (7) Has submitted written verification that the
| ||||||
19 | applicant has been enrolled in the Bilingual Nurse | ||||||
20 | Consortium course or other course approved by rule. This | ||||||
21 | verification must state that the applicant shall be able to | ||||||
22 | complete the course within the year for which the permit is | ||||||
23 | issued.
| ||||||
24 | (8) Has agreed to submit to the Department a mid-year
| ||||||
25 | exam as determined by rule that demonstrates proficiency | ||||||
26 | towards passing the NCLEX.
|
| |||||||
| |||||||
1 | (9) Has not violated the provisions of Section 20-5 of | ||||||
2 | this Act. The Department may take into consideration any | ||||||
3 | felony conviction of the applicant, but such a conviction | ||||||
4 | shall not operate as an absolute bar to licensure. | ||||||
5 | (10) Has met all other requirements established by the | ||||||
6 | Department by
rule.
| ||||||
7 | (c) A nurse extern shall be issued no more than one permit | ||||||
8 | in a lifetime. The permit shall expire one calendar year after | ||||||
9 | it is issued. Before being issued a license under this Act, the | ||||||
10 | nurse extern must submit proof of the successful completion of | ||||||
11 | the Bilingual Nurse Consortium course or other course approved | ||||||
12 | by rule and successful passage of the NCLEX. The nurse extern | ||||||
13 | shall not practice autonomous, professional nursing until he or | ||||||
14 | she is licensed under this Act. The nurse extern shall carry | ||||||
15 | out progressive nursing skills under the direct supervision of | ||||||
16 | a registered nurse licensed under this Act and shall not be | ||||||
17 | employed in a supervisory capacity. The nurse extern shall work | ||||||
18 | only in the sponsoring facility. A nurse extern may work for a | ||||||
19 | period not to exceed one calendar year from the date of | ||||||
20 | issuance of the permit or until he or she fails the NCLEX. | ||||||
21 | While working as a nurse extern, the nurse extern is subject to | ||||||
22 | the provisions of this Act and all rules adopted by the | ||||||
23 | Department for the administration of this Act. | ||||||
24 | (d) The Secretary shall convene a task force to establish | ||||||
25 | clinical guidelines that allow for the gradual progression of | ||||||
26 | nursing skills in culturally diverse practice settings. The |
| |||||||
| |||||||
1 | Nursing Act Coordinator or his or her designee shall serve as | ||||||
2 | chairperson of the task force. The task force shall include, | ||||||
3 | but not be limited to, 2 representatives of the Illinois Nurses | ||||||
4 | Association, 2 representatives of the Illinois Hispanic Nurses | ||||||
5 | Association, a nurse engaged in nursing education who possesses | ||||||
6 | a master's degree or higher, one representative from the | ||||||
7 | Humboldt Park Vocational Educational Center, 2 registered | ||||||
8 | nurses from United States territories who each hold a current | ||||||
9 | State nursing license, one representative from the Chicago | ||||||
10 | Bilingual Nurse Consortium, and one member of the Illinois | ||||||
11 | Hospital Association. The task force shall complete this work | ||||||
12 | no longer than 4 months after convening. After the nurse | ||||||
13 | externship permit program has been in effect for 2 years, the | ||||||
14 | task force shall evaluate the effectiveness of the program and | ||||||
15 | make appropriate recommendations to the Secretary. | ||||||
16 | Section 10-70. Expiration of RN license; renewal. The | ||||||
17 | expiration date and renewal period for each registered | ||||||
18 | professional nurse license issued under this Act shall be set | ||||||
19 | by rule. The holder of a license may renew the license during | ||||||
20 | the month preceding the expiration date of the license by | ||||||
21 | paying the required fee. It is the responsibility of the | ||||||
22 | licensee to notify the Department in writing of a change of | ||||||
23 | address. | ||||||
24 | Section 10-75. Restoration of RN license; temporary |
| |||||||
| |||||||
1 | permit. | ||||||
2 | (a) Any license to practice professional nursing issued | ||||||
3 | under this Act that has expired or that is on inactive status | ||||||
4 | may be restored by making application to the Department and | ||||||
5 | filing proof of fitness acceptable to the Department as | ||||||
6 | specified by rule to have the license restored and by paying | ||||||
7 | the required restoration fee. Such proof of fitness may include | ||||||
8 | evidence certifying active lawful practice in another | ||||||
9 | jurisdiction. | ||||||
10 | (b) A licensee seeking restoration of a license after it | ||||||
11 | has expired or been placed on inactive status for more than 5 | ||||||
12 | years shall file an application, on forms supplied by the | ||||||
13 | Department, and submit the restoration or renewal fees set | ||||||
14 | forth by the Department. The licensee shall also submit proof | ||||||
15 | of fitness to practice, including one of the following: | ||||||
16 | (1) Certification of active practice in another | ||||||
17 | jurisdiction, which may include a statement from the | ||||||
18 | appropriate board or licensing authority in the other | ||||||
19 | jurisdiction that the licensee was authorized to practice | ||||||
20 | during the term of said active practice. | ||||||
21 | (2) Proof of the successful completion of a | ||||||
22 | Department-approved licensure examination. | ||||||
23 | (3) An affidavit attesting to military service as | ||||||
24 | provided in subsection (c) of this Section; however, if | ||||||
25 | application is made within 2 years after discharge and if | ||||||
26 | all other provisions of subsection (c) of this Section are |
| |||||||
| |||||||
1 | satisfied, the applicant shall be required to pay the | ||||||
2 | current renewal fee. | ||||||
3 | (c) Any registered professional nurse license issued under | ||||||
4 | this Act that expired while the licensee was (1) in federal | ||||||
5 | service on active duty with the Armed Forces of the United | ||||||
6 | States or in the State Militia called into service or training | ||||||
7 | or (2) in training or education under the supervision of the | ||||||
8 | United States preliminary to induction into the military | ||||||
9 | service may have the license restored without paying any lapsed | ||||||
10 | renewal fees if, within 2 years after honorable termination of | ||||||
11 | such service, training, or education, the applicant furnishes | ||||||
12 | the Department with satisfactory evidence to the effect that | ||||||
13 | the applicant has been so engaged and that the individual's | ||||||
14 | service, training, or education has been so terminated. | ||||||
15 | (d) Any licensee who engages in the practice of | ||||||
16 | professional nursing with a lapsed license or while on inactive | ||||||
17 | status shall be considered to be practicing without a license, | ||||||
18 | which shall be grounds for discipline under Section 20-5 of | ||||||
19 | this Act. | ||||||
20 | (e) Pending restoration of a registered professional nurse | ||||||
21 | license under this Section, the Department may grant an | ||||||
22 | applicant a temporary permit to practice as a registered | ||||||
23 | professional nurse if the Department is satisfied that the | ||||||
24 | applicant holds an active, unencumbered license in good | ||||||
25 | standing in another jurisdiction. If the applicant holds more | ||||||
26 | than one current active license or one or more active temporary |
| |||||||
| |||||||
1 | licenses from other jurisdictions, the Department shall not | ||||||
2 | issue a temporary permit until it is satisfied that each | ||||||
3 | current active license held by the applicant is unencumbered. | ||||||
4 | The temporary permit, which shall be issued no later than 14 | ||||||
5 | working days after receipt by the Department of an application | ||||||
6 | for the permit, shall be granted upon the submission of all of | ||||||
7 | the following to the Department: | ||||||
8 | (1) A signed and completed application for restoration | ||||||
9 | of licensure under this Section as a registered | ||||||
10 | professional nurse. | ||||||
11 | (2) Proof of (i) a current, active license in at least | ||||||
12 | one other jurisdiction and proof that each current, active | ||||||
13 | license or temporary permit held by the applicant is | ||||||
14 | unencumbered or (ii) fitness to practice nursing in | ||||||
15 | Illinois as specified by rule. | ||||||
16 | (3) A signed and completed application for a temporary | ||||||
17 | permit. | ||||||
18 | (4) The required permit fee. | ||||||
19 | (f) The Department may refuse to issue to an applicant a | ||||||
20 | temporary permit authorized under this Section if, within 14 | ||||||
21 | working days after its receipt of an application for a | ||||||
22 | temporary permit, the Department determines that: | ||||||
23 | (1) the applicant has been convicted within the last 5 | ||||||
24 | years of any crime under the laws of any jurisdiction of | ||||||
25 | the United States that is (i) a felony or (ii) a | ||||||
26 | misdemeanor directly related to the practice of the |
| |||||||
| |||||||
1 | profession; | ||||||
2 | (2) within the last 5 years the applicant had a license | ||||||
3 | or permit related to the practice of nursing revoked, | ||||||
4 | suspended, or placed on probation by another jurisdiction | ||||||
5 | if at least one of the grounds for revoking, suspending, or | ||||||
6 | placing on probation is the same or substantially | ||||||
7 | equivalent to grounds for disciplinary action under this | ||||||
8 | Act; or | ||||||
9 | (3) the Department intends to deny restoration of the | ||||||
10 | license. | ||||||
11 | (g) The Department may revoke a temporary permit issued | ||||||
12 | under this Section if: | ||||||
13 | (1) the Department determines that the applicant has | ||||||
14 | been convicted within the last 5 years of any crime under | ||||||
15 | the laws of any jurisdiction of the United States that is | ||||||
16 | (i) a felony or (ii) a misdemeanor directly related to the | ||||||
17 | practice of the profession; | ||||||
18 | (2) within the last 5 years, the applicant had a | ||||||
19 | license or permit related to the practice of nursing | ||||||
20 | revoked, suspended, or placed on probation by another | ||||||
21 | jurisdiction, if at least one of the grounds for revoking, | ||||||
22 | suspending, or placing on probation is the same or | ||||||
23 | substantially equivalent to grounds in Illinois; or | ||||||
24 | (3) the Department intends to deny restoration of the | ||||||
25 | license. | ||||||
26 | (h) A temporary permit or renewed temporary permit shall |
| |||||||
| |||||||
1 | expire (i) upon issuance of an Illinois license or (ii) upon | ||||||
2 | notification that the Department intends to deny restoration of | ||||||
3 | licensure. A temporary permit shall expire 6 months from the | ||||||
4 | date of issuance. Further renewal may be granted by the | ||||||
5 | Department, in hardship cases, that shall automatically expire | ||||||
6 | upon issuance of the Illinois license or upon notification that | ||||||
7 | the Department intends to deny licensure, whichever occurs | ||||||
8 | first. No extensions shall be granted beyond the 6-month period | ||||||
9 | unless approved by the Secretary. Notification by the | ||||||
10 | Department under this Section must be by certified or | ||||||
11 | registered mail. | ||||||
12 | Section 10-76. Suspension of RN license or registration for | ||||||
13 | failure to pay restitution. The Department, without further | ||||||
14 | process or hearing, shall suspend the license or other | ||||||
15 | authorization to practice professional nursing issued under | ||||||
16 | this Act of any person who has been certified by court order as | ||||||
17 | not having paid restitution to a person under Section 8A-3.5 of | ||||||
18 | the Illinois Public Aid Code or under Section 46-1 of the | ||||||
19 | Criminal Code of 1961. A person whose license or other | ||||||
20 | authorization to practice is suspended under this Section is | ||||||
21 | prohibited from practicing until restitution is made in full. | ||||||
22 | Section 10-77. Inactive status of a RN license. Any | ||||||
23 | registered professional nurse, who notifies the Department in | ||||||
24 | writing on forms prescribed by the Department, may elect to |
| |||||||
| |||||||
1 | place his or her license on inactive status and shall, subject | ||||||
2 | to rules of the Department, be excused from payment of renewal | ||||||
3 | fees until notice is given to the Department, in writing, of | ||||||
4 | his or her intent to restore the license. | ||||||
5 | Any registered professional nurse requesting restoration | ||||||
6 | from inactive status shall be required to pay the current | ||||||
7 | renewal fee and shall be required to restore his or her | ||||||
8 | license, as provided by rule of the Department. | ||||||
9 | Any registered professional nurse whose license is in an | ||||||
10 | inactive status shall not practice professional nursing as | ||||||
11 | defined by this Act in the State of Illinois. | ||||||
12 | Section 10-80. RN Scope of practice; professional conduct. | ||||||
13 | (a) Professional nursing is a scientific process founded on | ||||||
14 | a professional body of knowledge; it is a learned profession | ||||||
15 | based on the understanding of the human condition across the | ||||||
16 | life span and environment. Practice as a registered | ||||||
17 | professional nurse means the full scope of nursing, with or | ||||||
18 | without compensation or personal profit, that incorporates | ||||||
19 | caring for all patients in all settings, through nursing | ||||||
20 | standards established and recognized by the Department, and | ||||||
21 | includes, but is not limited to, all of the following: | ||||||
22 | (1) The comprehensive nursing assessment of the health | ||||||
23 | status of patients that addresses changes to patient | ||||||
24 | conditions. | ||||||
25 | (2) The development of a plan of nursing care to be |
| |||||||
| |||||||
1 | integrated within the patient-centered health care plan | ||||||
2 | that establishes nursing diagnoses; setting goals to meet | ||||||
3 | identified health care needs, determining nursing | ||||||
4 | interventions and implementation of nursing care through | ||||||
5 | the execution of nursing strategies and regimens ordered or | ||||||
6 | prescribed by authorized healthcare providers. | ||||||
7 | (3) The administration of or delegation of medication | ||||||
8 | administration to licensed practical nurses. | ||||||
9 | (4) Delegation of nursing interventions to implement | ||||||
10 | the plan of care. | ||||||
11 | (5) The provision for the maintenance of safe and | ||||||
12 | effective nursing care rendered directly or through | ||||||
13 | delegation. | ||||||
14 | (6) The assurance of a safe and therapeutic | ||||||
15 | environment. | ||||||
16 | (7) Advocating for patients. | ||||||
17 | (8) The evaluation of responses to interventions and | ||||||
18 | the effectiveness of the plan of care. | ||||||
19 | (9) Communicating and collaborating with other health | ||||||
20 | care providers. | ||||||
21 | (10) The procurement and application of new knowledge | ||||||
22 | and technologies. | ||||||
23 | (11) The provision of health education and counseling. | ||||||
24 | (12) Participating in development of policies, | ||||||
25 | procedures, and systems to support patient safety. | ||||||
26 | (13) Accounting for compliance with the requirements |
| |||||||
| |||||||
1 | of this Act and for the quality of nursing care rendered | ||||||
2 | and for recognizing limits of knowledge, experience, and | ||||||
3 | planning of situations beyond the nurse's expertise. | ||||||
4 | (b) A registered professional nurse shall without | ||||||
5 | limitation uphold all of the following professional standards | ||||||
6 | of practice: | ||||||
7 | (1) He or she shall practice in accordance with this | ||||||
8 | Act and rules. | ||||||
9 | (2) He or she shall practice nursing only when in | ||||||
10 | functional physical and mental health. | ||||||
11 | (3) He or she shall be accountable for his or her own | ||||||
12 | nursing actions and competencies. | ||||||
13 | (4) He or she shall practice or offer to practice only | ||||||
14 | within the scope permitted by law and within the licensee's | ||||||
15 | own educational preparation and competencies. | ||||||
16 | (5) He or she shall seek instruction from individuals | ||||||
17 | when implementing new or unfamiliar nursing activities. | ||||||
18 | (6) He or she shall delegate nursing activities or | ||||||
19 | tasks only to individuals whom the licensee knows or has | ||||||
20 | reason to know are competent by education or experience to | ||||||
21 | perform those task. | ||||||
22 | (7) He or she shall delegate nursing responsibilities | ||||||
23 | only to individuals whom the licensee knows or has reason | ||||||
24 | to know are licensed to perform the responsibilities. | ||||||
25 | (8) He or she shall be accountable for the quality of | ||||||
26 | nursing care delegated to others. |
| |||||||
| |||||||
1 | (9) He or she shall report unsafe, unethical, or | ||||||
2 | illegal health care practices or conditions to the | ||||||
3 | appropriate authorities and to the Department. | ||||||
4 | (10) He or she shall assume responsibility for | ||||||
5 | continued professional growth and education to reflect | ||||||
6 | knowledge and understanding of current nursing practice. | ||||||
7 | (c) Violations of this Section may result in discipline as | ||||||
8 | specified in Section 20-5 of the Act. All disciplinary hearings | ||||||
9 | shall be conducted in accordance with the Illinois | ||||||
10 | Administrative Code. | ||||||
11 | Section 10-90. Continuing education for RN licensees. The | ||||||
12 | Department may adopt rules of continuing education for | ||||||
13 | registered professional nurses licensed under this Act that | ||||||
14 | require 20 hours of continuing education per 2-year license | ||||||
15 | renewal cycle. The rules shall address variances in part or in | ||||||
16 | whole for good cause, including, but not limited to, illness or | ||||||
17 | hardship. The continuing education rules must ensure that | ||||||
18 | licensees are given the opportunity to participate in programs | ||||||
19 | sponsored by or through their State or national professional | ||||||
20 | associations, hospitals, or other providers of continuing | ||||||
21 | education. Each licensee is responsible for maintaining | ||||||
22 | records of completion of continuing education and shall be | ||||||
23 | prepared to produce the records when requested by the | ||||||
24 | Department. |
| |||||||
| |||||||
1 | Section 10-100. Qualifications for APN licensure. | ||||||
2 | (a) Each applicant who successfully meets the requirements | ||||||
3 | of this Section shall be entitled to licensure as an advanced | ||||||
4 | practice nurse. | ||||||
5 | (b) An applicant for licensure to practice as an advanced | ||||||
6 | practice nurse must do each of the following: | ||||||
7 | (1) Submit a completed application and any fees, as | ||||||
8 | established by the Department. | ||||||
9 | (2) Hold a current license to practice as a registered | ||||||
10 | professional nurse under this Act. | ||||||
11 | (3) Successfully complete requirements to practice as | ||||||
12 | and hold a current national certification as a nurse | ||||||
13 | midwife, clinical nurse specialist, nurse practitioner, or | ||||||
14 | nurse anesthetist from the appropriate national certifying | ||||||
15 | body, as determined by rule of the Department. | ||||||
16 | (4) Have obtained a graduate degree appropriate for | ||||||
17 | national certification in a clinical advanced practice | ||||||
18 | nursing specialty or a graduate degree or post-master's | ||||||
19 | certificate from a graduate level program in a clinical | ||||||
20 | advanced practice nursing specialty. | ||||||
21 | (5) Have not violated the provisions of this Act | ||||||
22 | concerning grounds for disciplinary action. The Department | ||||||
23 | may take into consideration any felony conviction of the | ||||||
24 | applicant, but such a conviction may not operate as an | ||||||
25 | absolute bar to licensure. The applicant must report any | ||||||
26 | pending criminal charges, including arrests, detentions, |
| |||||||
| |||||||
1 | indictments, criminal convictions, pleas of nolo | ||||||
2 | contendere, or other plea arrangements in lieu of | ||||||
3 | conviction, and any other formal criminal charges, | ||||||
4 | including dispositions arising from criminal charges such | ||||||
5 | as sentencing, supervision, and release or any dismissal of | ||||||
6 | charges. | ||||||
7 | (6) Submit to the criminal history records check | ||||||
8 | required under Section 5-35 of this Act. | ||||||
9 | (c) Those applicants seeking licensure in more than one | ||||||
10 | advanced practice nursing specialty need not possess multiple | ||||||
11 | graduate degrees. Applicants may be eligible for licenses for | ||||||
12 | multiple advanced practice nurse licensure specialties, | ||||||
13 | provided that the applicant (i) has met the requirements for at | ||||||
14 | least one advanced practice nursing specialty under paragraph | ||||||
15 | (3) of this subsection (a), (ii) possesses an additional | ||||||
16 | graduate education that results in a certificate for another | ||||||
17 | clinical advanced practice nurse specialty and that meets the | ||||||
18 | requirements for the national certification from the | ||||||
19 | appropriate nursing specialty, and (iii) holds a current | ||||||
20 | national certification from the appropriate national | ||||||
21 | certifying body for that additional advanced practice nursing | ||||||
22 | specialty. | ||||||
23 | (d) The Department shall issue one advanced practice | ||||||
24 | license to each advanced practice nurse that indicates | ||||||
25 | specialty areas that he or she is authorized and licensed to | ||||||
26 | practice. |
| |||||||
| |||||||
1 | (e) An advanced practice nurse licensed under this Section | ||||||
2 | must maintain certification by a national certification body. | ||||||
3 | (f) Any person who holds a valid license as an advanced | ||||||
4 | practice nurse issued under the Nursing and Advanced Practice | ||||||
5 | Nursing Act on the effective date of this Act shall be subject | ||||||
6 | only to the advanced practice nurse license renewal | ||||||
7 | requirements of this Act upon the expiration of that license. | ||||||
8 | Section 10-105. Foreign APN licensure applicants. | ||||||
9 | (a) All applicants for advanced practice registered | ||||||
10 | professional nurse licensure pursuant to item (2) of subsection | ||||||
11 | (b) and item (2) of subsection (c) of this Section who are | ||||||
12 | graduates of graduate nursing educational programs in a country | ||||||
13 | other than the United States or its territories shall meet all | ||||||
14 | of the following qualifications: | ||||||
15 | (1) He or she must possess a current registered | ||||||
16 | professional nurse license under this Act. | ||||||
17 | (2) He or she must have his or her nursing education | ||||||
18 | credentials and graduate nursing credentials evaluated by | ||||||
19 | a Department-approved nursing credentialing evaluation | ||||||
20 | service. No such applicant may be issued an advanced | ||||||
21 | practice nurse license under this Act unless the | ||||||
22 | applicant's program is deemed by the nursing credentialing | ||||||
23 | evaluation service to be equivalent to a professional | ||||||
24 | nursing education program approved by the Department. | ||||||
25 | (3) An applicant whose first language is not English |
| |||||||
| |||||||
1 | must submit certification of passage of the | ||||||
2 | Department-approved English proficiency examination, as | ||||||
3 | defined by rule. The Department may, upon recommendation | ||||||
4 | from the nursing evaluation service, waive the requirement | ||||||
5 | that the applicant pass the Department-approved English | ||||||
6 | proficiency examination if the applicant submits | ||||||
7 | verification of the successful completion of a nursing | ||||||
8 | education program conducted in English. | ||||||
9 | (4) He or she must provide proof of national | ||||||
10 | certification in the area of specialty practice that is | ||||||
11 | applied for. | ||||||
12 | (b) Pending the issuance of a license under subsection (c) | ||||||
13 | of this Section, the Department may grant an applicant a | ||||||
14 | temporary license to practice nursing as a registered | ||||||
15 | professional nurse or as a licensed practical nurse if the | ||||||
16 | Department is satisfied that the applicant holds an active, | ||||||
17 | unencumbered license in good standing in another jurisdiction. | ||||||
18 | If the applicant holds more than one current active license or | ||||||
19 | one or more active temporary licenses from other jurisdictions, | ||||||
20 | the Department shall not issue a temporary license until it is | ||||||
21 | satisfied that each current active license held by the | ||||||
22 | applicant is unencumbered. The temporary license, which shall | ||||||
23 | be issued no later than 14 working days after receipt by the | ||||||
24 | Department of an application for the temporary license, shall | ||||||
25 | be granted upon the submission of the following to the | ||||||
26 | Department: |
| |||||||
| |||||||
1 | (1) a signed and completed application for licensure | ||||||
2 | under subsection (a) of this Section as a registered | ||||||
3 | professional nurse or a licensed practical nurse; | ||||||
4 | (2) proof of a current, active license in at least one | ||||||
5 | other jurisdiction and proof that each current active | ||||||
6 | license or temporary license held by the applicant within | ||||||
7 | the last 5 years is unencumbered; | ||||||
8 | (3) a signed and completed application for a temporary | ||||||
9 | license; and | ||||||
10 | (4) the required temporary license fee. | ||||||
11 | (c) The Department may refuse to issue an applicant a | ||||||
12 | temporary license authorized pursuant to this Section if, | ||||||
13 | within 14 working days after its receipt of an application for | ||||||
14 | a temporary license, the Department determines that: | ||||||
15 | (1) the applicant has been convicted of a crime under | ||||||
16 | the laws of a jurisdiction of the United States (i) that is | ||||||
17 | a felony or (ii) that is a misdemeanor directly related to | ||||||
18 | the practice of the profession, within the last 5 years; | ||||||
19 | (2) within the last 5 years the applicant has had a | ||||||
20 | license or permit related to the practice of nursing | ||||||
21 | revoked, suspended, or placed on probation by another | ||||||
22 | jurisdiction, if at least one of the grounds for revoking, | ||||||
23 | suspending, or placing on probation is the same or | ||||||
24 | substantially equivalent to grounds in Illinois; or | ||||||
25 | (3) it intends to deny licensure by endorsement. | ||||||
26 | (d) The Department may revoke a temporary license issued |
| |||||||
| |||||||
1 | pursuant to this Section if: | ||||||
2 | (1) it determines that the applicant has been convicted | ||||||
3 | of a crime under the law of any jurisdiction of the United | ||||||
4 | States that is (i) a felony or (ii) a misdemeanor directly | ||||||
5 | related to the practice of the profession, within the last | ||||||
6 | 5 years; | ||||||
7 | (2) it determines that within the last 5 years the | ||||||
8 | applicant has had a license or permit related to the | ||||||
9 | practice of nursing revoked, suspended, or placed on | ||||||
10 | probation by another jurisdiction, if at least one of the | ||||||
11 | grounds for revoking, suspending, or placing on probation | ||||||
12 | is the same or substantially equivalent to grounds in | ||||||
13 | Illinois; or | ||||||
14 | (3) it determines that it intends to deny licensure by | ||||||
15 | endorsement. | ||||||
16 | A temporary license shall expire 6 months from the date of | ||||||
17 | issuance. Further renewal may be granted by the Department in | ||||||
18 | hardship cases, as defined by rule and upon approval of the | ||||||
19 | Secretary. However, a temporary license shall automatically | ||||||
20 | expire upon issuance of the Illinois license or upon | ||||||
21 | notification that the Department intends to deny licensure, | ||||||
22 | whichever occurs first. | ||||||
23 | (e) Applicants have 2 years from the date of application to | ||||||
24 | complete the application process. If the process has not been | ||||||
25 | completed within 2 years from the date of application, the | ||||||
26 | application shall be denied, the fee forfeited, and the |
| |||||||
| |||||||
1 | applicant must reapply and meet the requirements in effect at | ||||||
2 | the time of reapplication. | ||||||
3 | Section 10-107. APN practice in cases of emergency or | ||||||
4 | disaster. | ||||||
5 | (a) An advanced practice nurse with an unencumbered license | ||||||
6 | from another state or United States territory may provide | ||||||
7 | nursing care for victims during an emergency or disaster in | ||||||
8 | this State for up to 3 months following the date the disaster | ||||||
9 | or emergency was declared. Advanced practice nurses from | ||||||
10 | outside of this State who provide assistance under this Section | ||||||
11 | must meet each of the following requirements: | ||||||
12 | (1) He or she must hold an unencumbered advanced | ||||||
13 | practice nurse license from a United States jurisdiction. | ||||||
14 | (2) He or she must have graduated from a professional | ||||||
15 | nursing program that has been approved by a valid state | ||||||
16 | board of nursing. | ||||||
17 | (3) He or she must have taken and passed the | ||||||
18 | Department-approved licensure exam. | ||||||
19 | (b) At the discretion of the Secretary, the following | ||||||
20 | exemptions may be applied by the Department for advanced | ||||||
21 | practice nurses displaced during a federally declared | ||||||
22 | emergency or disaster and seeking licensure under this Act: | ||||||
23 | (1) Verification of licensure may be obtained from an | ||||||
24 | authorized national databank. | ||||||
25 | (2) The Department may accept a photocopy of a license, |
| |||||||
| |||||||
1 | if sent directly from a nursing program that the applicant | ||||||
2 | graduated from or an institution that employed the | ||||||
3 | applicant. | ||||||
4 | (3) The licensure fee may be waived for up to 3 months. | ||||||
5 | In these circumstances, the Department shall issue a | ||||||
6 | temporary license, for not more than 6 months or until all | ||||||
7 | credentials are received for licensure by endorsement or | ||||||
8 | licensure is denied. | ||||||
9 | Section 10-110. APN license-pending status. | ||||||
10 | (a) A graduate of an advanced practice nursing program may | ||||||
11 | practice in the State of Illinois in the role of clinical nurse | ||||||
12 | specialist, certified nurse midwife, certified nurse | ||||||
13 | practitioner, or certified registered nurse anesthetist for | ||||||
14 | not longer than 6 months, provided he or she submits all of the | ||||||
15 | following: | ||||||
16 | (1) An application for licensure as an advanced | ||||||
17 | practice nurse in Illinois and all fees established by | ||||||
18 | rule. | ||||||
19 | (2) Proof of an application to take the national | ||||||
20 | certification examination in the specialty. | ||||||
21 | (3) Proof of completion of a graduate advanced practice | ||||||
22 | education program that allows the applicant to be eligible | ||||||
23 | for national certification in a clinical advanced practice | ||||||
24 | nursing specialty and that allows the applicant to be | ||||||
25 | eligible for licensure in Illinois in the area of his or |
| |||||||
| |||||||
1 | her specialty. | ||||||
2 | (4) Proof that he or she is licensed in Illinois as a | ||||||
3 | registered professional nurse. | ||||||
4 | (b) License-pending status shall preclude delegation of | ||||||
5 | prescriptive authority. | ||||||
6 | (c) A graduate practicing in accordance with this Section | ||||||
7 | must use the title "license-pending clinical nurse | ||||||
8 | specialist", "license-pending nurse midwife", "license-pending | ||||||
9 | nurse practitioner", or "license-pending registered nurse | ||||||
10 | anesthetist", whichever is applicable. | ||||||
11 | Section 10-111. Expiration of APN license; renewal. The | ||||||
12 | expiration date and renewal period for each advanced practice | ||||||
13 | nurse license issued under this Act shall be set by rule. The | ||||||
14 | holder of a license may renew the license during the month | ||||||
15 | preceding the expiration date of the license by paying the | ||||||
16 | required fee. It is the responsibility of the licensee to | ||||||
17 | notify the Department in writing of a change of address. | ||||||
18 | Section 10-112. Restoration of APN license; temporary | ||||||
19 | permit. | ||||||
20 | (a) Any license issued under this Act that has expired or | ||||||
21 | that is on inactive status may be restored by making | ||||||
22 | application to the Department and filing proof of fitness | ||||||
23 | acceptable to the Department as specified by rule to have the | ||||||
24 | license restored and by paying the required restoration fee. |
| |||||||
| |||||||
1 | Such proof of fitness may include evidence certifying active | ||||||
2 | lawful practice in another jurisdiction. | ||||||
3 | (b) A licensee seeking restoration of a license after it | ||||||
4 | has expired or been placed on inactive status for more than 5 | ||||||
5 | years shall file an application, on forms supplied by the | ||||||
6 | Department, and submit the restoration or renewal fees set | ||||||
7 | forth by the Department. The licensee shall also submit proof | ||||||
8 | of fitness to practice, including one of the following: | ||||||
9 | (1) Certification of active practice in another | ||||||
10 | jurisdiction, which may include a statement from the | ||||||
11 | appropriate board or licensing authority in the other | ||||||
12 | jurisdiction that the licensee was authorized to practice | ||||||
13 | during the term of said active practice. | ||||||
14 | (2) Proof of the successful completion of a | ||||||
15 | Department-approved licensure examination. | ||||||
16 | (3) An affidavit attesting to military service as | ||||||
17 | provided in subsection (c) of this Section; however, if | ||||||
18 | application is made within 2 years after discharge and if | ||||||
19 | all other provisions of subsection (c) of this Section are | ||||||
20 | satisfied, the applicant shall be required to pay the | ||||||
21 | current renewal fee. | ||||||
22 | (c) Any advanced practice nurse license issued under this | ||||||
23 | Act that expired while the licensee was (1) in federal service | ||||||
24 | on active duty with the Armed Forces of the United States or in | ||||||
25 | the State Militia called into service or training or (2) in | ||||||
26 | training or education under the supervision of the United |
| |||||||
| |||||||
1 | States preliminary to induction into the military service may | ||||||
2 | have the license restored without paying any lapsed renewal | ||||||
3 | fees if, within 2 years after honorable termination of such | ||||||
4 | service, training, or education, the applicant furnishes the | ||||||
5 | Department with satisfactory evidence to the effect that the | ||||||
6 | applicant has been so engaged and that the individual's | ||||||
7 | service, training, or education has been so terminated. | ||||||
8 | (d) Any licensee who engages in the practice of advanced | ||||||
9 | practice nursing with a lapsed license or while on inactive | ||||||
10 | status shall be considered to be practicing without a license, | ||||||
11 | which shall be grounds for discipline under Section 20-5 of | ||||||
12 | this Act. | ||||||
13 | (e) Pending restoration of an advanced practice nurse | ||||||
14 | license under this Section, the Department may grant an | ||||||
15 | applicant a temporary permit to practice as an advanced | ||||||
16 | practice nurse if the Department is satisfied that the | ||||||
17 | applicant holds an active, unencumbered license in good | ||||||
18 | standing in another jurisdiction. If the applicant holds more | ||||||
19 | than one current active license or one or more active temporary | ||||||
20 | licenses from other jurisdictions, the Department shall not | ||||||
21 | issue a temporary permit until it is satisfied that each | ||||||
22 | current active license held by the applicant is unencumbered. | ||||||
23 | The temporary permit, which shall be issued no later than 14 | ||||||
24 | working days after receipt by the Department of an application | ||||||
25 | for the permit, shall be granted upon the submission of all of | ||||||
26 | the following to the Department: |
| |||||||
| |||||||
1 | (1) A signed and completed application for restoration | ||||||
2 | of licensure under this Section as an advanced practice | ||||||
3 | nurse. | ||||||
4 | (2) Proof of (i) a current, active license in at least | ||||||
5 | one other jurisdiction and proof that each current, active | ||||||
6 | license or temporary permit held by the applicant is | ||||||
7 | unencumbered or (ii) fitness to practice nursing in | ||||||
8 | Illinois as specified by rule. | ||||||
9 | (3) A signed and completed application for a temporary | ||||||
10 | permit. | ||||||
11 | (4) The required permit fee. | ||||||
12 | (f) The Department may refuse to issue to an applicant a | ||||||
13 | temporary permit authorized under this Section if, within 14 | ||||||
14 | working days after its receipt of an application for a | ||||||
15 | temporary permit, the Department determines that: | ||||||
16 | (1) the applicant has been convicted within the last 5 | ||||||
17 | years of any crime under the laws of any jurisdiction of | ||||||
18 | the United States that is (i) a felony or (ii) a | ||||||
19 | misdemeanor directly related to the practice of the | ||||||
20 | profession; | ||||||
21 | (2) within the last 5 years the applicant had a license | ||||||
22 | or permit related to the practice of nursing revoked, | ||||||
23 | suspended, or placed on probation by another jurisdiction | ||||||
24 | if at least one of the grounds for revoking, suspending, or | ||||||
25 | placing on probation is the same or substantially | ||||||
26 | equivalent to grounds for disciplinary action under this |
| |||||||
| |||||||
1 | Act; or | ||||||
2 | (3) the Department intends to deny restoration of the | ||||||
3 | license. | ||||||
4 | (g) The Department may revoke a temporary permit issued | ||||||
5 | under this Section if: | ||||||
6 | (1) the Department determines that the applicant has | ||||||
7 | been convicted within the last 5 years of any crime under | ||||||
8 | the laws of any jurisdiction of the United States that is | ||||||
9 | (i) a felony or (ii) a misdemeanor directly related to the | ||||||
10 | practice of the profession; | ||||||
11 | (2) within the last 5 years, the applicant had a | ||||||
12 | license or permit related to the practice of nursing | ||||||
13 | revoked, suspended, or placed on probation by another | ||||||
14 | jurisdiction, if at least one of the grounds for revoking, | ||||||
15 | suspending, or placing on probation is the same or | ||||||
16 | substantially equivalent to grounds in Illinois; or | ||||||
17 | (3) the Department intends to deny restoration of the | ||||||
18 | license. | ||||||
19 | (h) A temporary permit or renewed temporary permit shall | ||||||
20 | expire (i) upon issuance of an Illinois license or (ii) upon | ||||||
21 | notification that the Department intends to deny restoration of | ||||||
22 | licensure. A temporary permit shall expire 6 months from the | ||||||
23 | date of issuance. Further renewal may be granted by the | ||||||
24 | Department, in hardship cases, that shall automatically expire | ||||||
25 | upon issuance of the Illinois license or upon notification that | ||||||
26 | the Department intends to deny licensure, whichever occurs |
| |||||||
| |||||||
1 | first. No extensions shall be granted beyond the 6-month period | ||||||
2 | unless approved by the Secretary. Notification by the | ||||||
3 | Department under this Section must be by certified or | ||||||
4 | registered mail. | ||||||
5 | Section 10-113. Suspension of APN license or registration | ||||||
6 | for failure to pay restitution. The Department, without further | ||||||
7 | process or hearing, shall suspend the license or other | ||||||
8 | authorization to practice advanced practice nursing issued | ||||||
9 | under this Act of any person who has been certified by court | ||||||
10 | order as not having paid restitution to a person under Section | ||||||
11 | 8A-3.5 of the Illinois Public Aid Code or under Section 46-1 of | ||||||
12 | the Criminal Code of 1961. A person whose license or other | ||||||
13 | authorization to practice is suspended under this Section is | ||||||
14 | prohibited from practicing until restitution is made in full. | ||||||
15 | Section 10-114. Inactive status of a APN license. Any | ||||||
16 | advanced practice nurse, who notifies the Department in writing | ||||||
17 | on forms prescribed by the Department, may elect to place his | ||||||
18 | or her license on inactive status and shall, subject to rules | ||||||
19 | of the Department, be excused from payment of renewal fees | ||||||
20 | until notice is given to the Department, in writing, of his or | ||||||
21 | her intent to restore the license. | ||||||
22 | Any advanced practice nurse requesting restoration from | ||||||
23 | inactive status shall be required to pay the current renewal | ||||||
24 | fee and shall be required to restore his or her license, as |
| |||||||
| |||||||
1 | provided by rule of the Department. | ||||||
2 | Any advanced practice nurse whose license is in an inactive | ||||||
3 | status shall not practice advanced practice nursing as defined | ||||||
4 | by this Act in the State of Illinois. | ||||||
5 | Section 10-115. APN Scope of practice; professional | ||||||
6 | standards. | ||||||
7 | (a) Advanced practice nursing by certified nurse | ||||||
8 | practitioners, certified nurse anesthetists, certified nurse | ||||||
9 | midwives, or clinical nurse specialists is based on knowledge | ||||||
10 | and skills acquired throughout their nursing education, | ||||||
11 | training, and experience. | ||||||
12 | (b) Practice as an advanced practice nurse means a scope of | ||||||
13 | nursing practice, with or without compensation or personal | ||||||
14 | profit, and includes the registered nurse scope of practice; | ||||||
15 | the scope of practice of an advanced practice nurse includes, | ||||||
16 | but not limited to, each of the following: | ||||||
17 | (1) Advanced patient assessment and diagnosis. | ||||||
18 | (2) Ordering diagnostic and therapeutic tests and | ||||||
19 | procedures, performing those tests and procedures when | ||||||
20 | using health care equipment, and interpreting and using the | ||||||
21 | results of diagnostic and therapeutic tests and procedures | ||||||
22 | ordered by the advanced practice nurse or other health care | ||||||
23 | professional. | ||||||
24 | (3) Ordering treatments, ordering or applying | ||||||
25 | appropriate medical devices, and using nursing medical, |
| |||||||
| |||||||
1 | therapeutic, and corrective measures to treat illness and | ||||||
2 | improve health status. | ||||||
3 | (4) Providing palliative and end-of-life care. | ||||||
4 | (5) Providing advanced counseling, patient education, | ||||||
5 | health education, and patient advocacy. | ||||||
6 | (6) Prescriptive authority as defined in this Act. | ||||||
7 | (7) Delegating selected nursing activities or tasks to | ||||||
8 | a licensed practical nurse, a registered professional | ||||||
9 | nurse, or other personnel. | ||||||
10 | (c) Violations of this Section may result in discipline as | ||||||
11 | specified in Section 20-5 of the Act. All disciplinary hearings | ||||||
12 | shall be conducted in accordance with the Illinois | ||||||
13 | Administrative Code. | ||||||
14 | Section 10-117. APN standards of professional conduct. | ||||||
15 | (a) Advanced practice nurses are expected to safely | ||||||
16 | practice within the standards established or recognized by the | ||||||
17 | Board and the Department. Each advanced practice nurse is | ||||||
18 | accountable to patients, the nursing profession, the Board, and | ||||||
19 | the Department for compliance with the requirements of this Act | ||||||
20 | and the quality and safety of advanced practice nursing | ||||||
21 | rendered. | ||||||
22 | (b) An advanced practice nurse must reasonably plan for the | ||||||
23 | management of situations beyond his or her area of expertise | ||||||
24 | and must consult with other health care professionals and make | ||||||
25 | referrals as needed to provide services to patients. |
| |||||||
| |||||||
1 | (c) Advanced practice nurses must comply with the standards | ||||||
2 | for registered professional nurses set forth in this Act and | ||||||
3 | with the standards of national professional nursing | ||||||
4 | associations. When conflict arises between the standards of a | ||||||
5 | specific role and specialty of an advanced practice nurse and | ||||||
6 | those of registered nurses, the standards for the specific role | ||||||
7 | and specialty of the advanced practice nurse shall supersede | ||||||
8 | the standards for registered nurses. | ||||||
9 | Section 10-120. Written collaborative agreement with a | ||||||
10 | physician, dentist, or podiatrist for advanced practice nurses | ||||||
11 | engaged in clinical practice. | ||||||
12 | (a) A written collaborative agreement is required for all | ||||||
13 | advanced practice nurses engaged in clinical practice, except | ||||||
14 | for those who are practicing in and are credentialed and | ||||||
15 | privileged by an accredited facility or its affiliates. | ||||||
16 | (b) If an advanced practice nurse engages in clinical | ||||||
17 | practice outside of the accredited facility in which he or she | ||||||
18 | is credentialed and privileged or its affiliates, the advanced | ||||||
19 | practice nurse must have a written collaborative agreement. | ||||||
20 | (c) A written collaborative agreement shall describe the | ||||||
21 | working relationship of the advanced practice nurse with a | ||||||
22 | collaborating physician, dentist, or podiatrist and shall | ||||||
23 | describe the categories of care, treatment, or procedures to be | ||||||
24 | performed by the advanced practice nurse. Collaboration does | ||||||
25 | not require an employment relationship between the |
| |||||||
| |||||||
1 | collaborating physician, dentist, or podiatrist and the | ||||||
2 | advanced practice nurse. The agreement shall be written to | ||||||
3 | promote the exercise of professional judgment by the advanced | ||||||
4 | practice nurse commensurate with his or her education and | ||||||
5 | experience. The agreement need not describe the exact steps | ||||||
6 | that an advanced practice nurse must take with respect to each | ||||||
7 | specific condition, disease, or symptom but must specify which | ||||||
8 | procedures require a physician, dentist, or podiatrist's | ||||||
9 | presence as the procedures are being performed. The | ||||||
10 | collaborative relationship under an agreement shall not be | ||||||
11 | construed to require the personal presence of a physician, | ||||||
12 | dentist, or podiatrist at all times at the place where services | ||||||
13 | are rendered. A written collaborative agreement shall be | ||||||
14 | adequate if: | ||||||
15 | (1) Guidelines are developed jointly by the advanced | ||||||
16 | practice nurse and collaborating physician, dentist, or | ||||||
17 | podiatrist, as needed, based on the practice and the | ||||||
18 | practitioners. Such guidelines and the patient services | ||||||
19 | provided under them are periodically reviewed by the | ||||||
20 | physician, dentist, or podiatrist. | ||||||
21 | (2) The collaborating physician, dentist, or | ||||||
22 | podiatrist practices within a branch of medicine, | ||||||
23 | dentistry, or podiatry appropriate to the advanced | ||||||
24 | practice nurse's practice. | ||||||
25 | (3) The collaborating physician, dentist, or | ||||||
26 | podiatrist is available in person or through |
| |||||||
| |||||||
1 | telecommunications for consultation, collaboration, and | ||||||
2 | referral, as needed to address patient care needs. If the | ||||||
3 | collaborating physician, dentist, or podiatrist is not | ||||||
4 | available, another physician, dentist, or podiatrist shall | ||||||
5 | be available for collaboration with the advanced practice | ||||||
6 | nurse. | ||||||
7 | (4) The agreement contains provisions detailing | ||||||
8 | reasonable notice for termination or change of status | ||||||
9 | involving a written collaborative agreement except when | ||||||
10 | such notice is given for just cause. | ||||||
11 | (d) A copy of the signed, written collaborative agreement | ||||||
12 | must be available to the Department upon request. It shall be | ||||||
13 | periodically updated. | ||||||
14 | (e) A collaborating physician, dentist, or podiatrist | ||||||
15 | shall not be liable for the acts or omissions of an advanced | ||||||
16 | practice nurse solely on the basis of having signed a written | ||||||
17 | collaborative agreement or developing guidelines under such an | ||||||
18 | agreement. | ||||||
19 | (f) An advanced practice nurse shall not be liable for the | ||||||
20 | acts or omissions of a collaborating physician, dentist, or | ||||||
21 | podiatrist solely on the basis of having signed a written | ||||||
22 | collaborative agreement or developing guidelines under such an | ||||||
23 | agreement. | ||||||
24 | Section 10-125. APN title. | ||||||
25 | (a) No person shall use any words, abbreviations, figures, |
| |||||||
| |||||||
1 | letters, title, sign, card, or device tending to imply that he | ||||||
2 | or she is an advanced practice nurse, including, but not | ||||||
3 | limited to, using the titles or initials "Advanced Practice | ||||||
4 | Nurse", "Certified Nurse Midwife", "Certified Nurse | ||||||
5 | Practitioner", "Certified Registered Nurse Anesthetist", | ||||||
6 | "Clinical Nurse Specialist", "A.P.N.", "C.N.M.", "C.N.P.", | ||||||
7 | "C.R.N.A.", "C.N.S.", or similar titles or initials, with the | ||||||
8 | intention of indicating practice as an advanced practice nurse | ||||||
9 | without meeting the requirements of this Act. | ||||||
10 | (b) No advanced practice nurse shall indicate to other | ||||||
11 | persons that he or she is qualified to engage in the general | ||||||
12 | practice of medicine. | ||||||
13 | (c) An advanced practice nurse shall verbally identify | ||||||
14 | himself or herself as an advanced practice nurse, including | ||||||
15 | specialty certification, to each patient. | ||||||
16 | (d) Nothing in this Act shall be construed to relieve an | ||||||
17 | advanced practice nurse of the professional or legal | ||||||
18 | responsibility for the care and treatment of persons attended | ||||||
19 | by him or her. | ||||||
20 | Section 10-130. Advertising as an APN. | ||||||
21 | (a) A person licensed under this Act as an advanced | ||||||
22 | practice nurse may advertise the availability of professional | ||||||
23 | services in the public media or on the premises where the | ||||||
24 | professional services are rendered. The advertising shall be | ||||||
25 | limited to the following information: |
| |||||||
| |||||||
1 | (1) publication of the person's name, title, office | ||||||
2 | hours, address, and telephone number; | ||||||
3 | (2) information pertaining to the person's areas of | ||||||
4 | specialization, including, but not limited to, appropriate | ||||||
5 | board certification or limitation of professional | ||||||
6 | practice; | ||||||
7 | (3) publication of the person's collaborating | ||||||
8 | physician's, dentist's or podiatrist's name, title, and | ||||||
9 | areas of specialization; | ||||||
10 | (4) information on usual and customary fees for routine | ||||||
11 | professional services offered, which shall include | ||||||
12 | notification that fees may be adjusted due to complications | ||||||
13 | or unforeseen circumstances; | ||||||
14 | (5) announcements of the opening of, change of, absence | ||||||
15 | from, or return to business; | ||||||
16 | (6) announcement of additions to or deletions from | ||||||
17 | professional licensed staff; and | ||||||
18 | (7) the issuance of business or appointment cards. | ||||||
19 | (b) It is unlawful for a person licensed under this Act as | ||||||
20 | an advanced practice nurse to use testimonials or claims of | ||||||
21 | superior quality of care to entice the public. It shall be | ||||||
22 | unlawful to advertise fee comparisons of available services | ||||||
23 | with those of other licensed persons. | ||||||
24 | (c) This Article does not authorize the advertising of | ||||||
25 | professional services that the offeror of the services is not | ||||||
26 | licensed or authorized to render, nor shall the advertiser use |
| |||||||
| |||||||
1 | statements that contain false, fraudulent, deceptive, or | ||||||
2 | misleading material or guarantees of success, statements that | ||||||
3 | play upon the vanity or fears of the public, or statements that | ||||||
4 | promote or produce unfair competition. | ||||||
5 | (d) It is unlawful and punishable under the penalty | ||||||
6 | provisions of this Act for a person licensed under this Article | ||||||
7 | to knowingly advertise that the licensee will accept as payment | ||||||
8 | for services rendered by assignment from any third party payor | ||||||
9 | the amount the third party payor covers as payment in full, if | ||||||
10 | the effect is to give the impression of eliminating the need of | ||||||
11 | payment by the patient of any required deductible or copayment | ||||||
12 | applicable in the patient's health benefit plan. | ||||||
13 | (e) A licensee shall include in every advertisement for | ||||||
14 | services regulated under this Act his or her title as it | ||||||
15 | appears on the license or the initials authorized under this | ||||||
16 | Act. | ||||||
17 | (f) As used in this Section, "advertise" means solicitation | ||||||
18 | by the licensee or through another person or entity by means of | ||||||
19 | handbills, posters, circulars, motion pictures, radio, | ||||||
20 | newspapers, or television or any other manner. | ||||||
21 | Section 10-135. Continuing education for APNs. The | ||||||
22 | Department shall adopt rules of continuing education for | ||||||
23 | persons licensed under this Article that require 50 hours of | ||||||
24 | continuing education per 2-year license renewal cycle. The | ||||||
25 | rules shall not be inconsistent with requirements of relevant |
| |||||||
| |||||||
1 | national certifying bodies or State or national professional | ||||||
2 | associations. The rules shall also address variances in part or | ||||||
3 | in whole for good cause, including, but not limited to, illness | ||||||
4 | or hardship. The continuing education rules shall ensure that | ||||||
5 | licensees are given the opportunity to participate in programs | ||||||
6 | sponsored by or through their State or national professional | ||||||
7 | associations, hospitals, or other providers of continuing | ||||||
8 | education. Each licensee is responsible for maintaining | ||||||
9 | records of completion of continuing education and shall be | ||||||
10 | prepared to produce the records when requested by the | ||||||
11 | Department. | ||||||
12 | Section 10-140. Additional grounds for discipline for | ||||||
13 | APNs. | ||||||
14 | (a) The Department may, upon the recommendation of the | ||||||
15 | Board, refuse to issue or to renew, may revoke, suspend, place | ||||||
16 | on probation, censure, or reprimand, or may take other | ||||||
17 | disciplinary action as the Department may deem appropriate with | ||||||
18 | regard to a license issued under this Article, including the | ||||||
19 | issuance of fines not to exceed $10,000 for each violation, for | ||||||
20 | any one or combination of the grounds for discipline set forth | ||||||
21 | in Section 20-5 of this Act or for any one or combination of | ||||||
22 | the following causes: | ||||||
23 | (1) Failure to meet the standard of care in nursing. | ||||||
24 | (2) Exceeding the terms of a collaborative agreement. | ||||||
25 | (3) Making a false or misleading statement regarding |
| |||||||
| |||||||
1 | his or her skill or the efficacy or value of the medicine, | ||||||
2 | treatment, or remedy prescribed by him or her in the course | ||||||
3 | of treatment. | ||||||
4 | (4) Prescribing, selling, administering, distributing, | ||||||
5 | giving, or self-administering a drug classified as a | ||||||
6 | controlled substance (designated product) or narcotic for | ||||||
7 | other than medically accepted therapeutic purposes. | ||||||
8 | (5) Promotion of the sale of drugs, devices, | ||||||
9 | appliances, or goods provided for a patient in a manner to | ||||||
10 | exploit the patient for financial gain. | ||||||
11 | (6) Violating State or federal laws or regulations | ||||||
12 | relating to controlled substances. | ||||||
13 | (7) Willfully or negligently violating the | ||||||
14 | confidentiality between advanced practice nurse, | ||||||
15 | collaborating physician, dentist, or podiatrist, and | ||||||
16 | patient, except as required by law. | ||||||
17 | (8) Failure of a licensee to report to the Department | ||||||
18 | any adverse final action taken against such licensee by | ||||||
19 | another licensing jurisdiction (any other jurisdiction of | ||||||
20 | the United States or any foreign state or country), any | ||||||
21 | peer review body, any health care institution, a | ||||||
22 | professional or nursing or advanced practice nursing | ||||||
23 | society or association, a governmental agency, a law | ||||||
24 | enforcement agency, or a court or a liability claim | ||||||
25 | relating to acts or conduct similar to acts or conduct that | ||||||
26 | would constitute grounds for action as defined in this |
| |||||||
| |||||||
1 | Section. | ||||||
2 | (9) Failure of a licensee to report to the Department | ||||||
3 | surrender by the licensee of a license or authorization to | ||||||
4 | practice nursing or advanced practice nursing in another | ||||||
5 | state or jurisdiction or current surrender by the licensee | ||||||
6 | of membership on any nursing staff or organized health care | ||||||
7 | professional staff or in any nursing, advanced practice | ||||||
8 | nurse, or professional association or society while under | ||||||
9 | disciplinary investigation by any of those authorities or | ||||||
10 | bodies for acts or conduct similar to acts or conduct that | ||||||
11 | would constitute grounds for action as defined in this | ||||||
12 | Section. | ||||||
13 | (10) Failing, within 60 days, to provide information in | ||||||
14 | response to a written request made by the Department. | ||||||
15 | (11) Failure to establish and maintain records of | ||||||
16 | patient care and treatment as required by law. | ||||||
17 | ARTICLE 15. ILLINOIS CENTER FOR NURSING | ||||||
18 | Section 15-5. Definitions. In this Article: | ||||||
19 | "Board" means the Center for Nursing Advisory Board. | ||||||
20 | "Center" means the Illinois Center for Nursing. | ||||||
21 | Section 15-10. Illinois Center for Nursing. There is | ||||||
22 | created the Illinois Center for Nursing to address issues of | ||||||
23 | supply and demand in the nursing profession, including issues |
| |||||||
| |||||||
1 | of recruitment, retention, and utilization of nurse manpower | ||||||
2 | resources. The General Assembly finds that the Center will | ||||||
3 | enhance the delivery of quality health care services by | ||||||
4 | providing an ongoing strategy for the allocation of the State's | ||||||
5 | resources directed towards nursing. Each of the following | ||||||
6 | objectives shall serve as the primary goals for the Center: | ||||||
7 | (1) To develop a strategic plan for nursing manpower in | ||||||
8 | Illinois by selecting priorities that must be addressed. | ||||||
9 | (2) To convene various groups of representatives of | ||||||
10 | nurses, other health care providers, businesses and | ||||||
11 | industries, consumers, legislators, and educators to: | ||||||
12 | (A) review and comment on data analysis prepared | ||||||
13 | for the Center; | ||||||
14 | (B) recommend systemic changes, including | ||||||
15 | strategies for implementation of recommended changes; | ||||||
16 | and | ||||||
17 | (C) evaluate and report the results of the Board's | ||||||
18 | efforts to the General Assembly and others. | ||||||
19 | (3) To enhance and promote recognition, reward, and | ||||||
20 | renewal activities for nurses in Illinois by: | ||||||
21 | (A) proposing and creating reward, recognition, | ||||||
22 | and renewal activities for nursing; and | ||||||
23 | (B) promoting media and positive image-building | ||||||
24 | efforts for nursing. | ||||||
25 | Section 15-15. Center for Nursing Advisory Board. |
| |||||||
| |||||||
1 | (a) There is created the Center for Nursing Advisory Board, | ||||||
2 | which shall consist of 11 members appointed by the Governor, | ||||||
3 | with 6 members of the Board being nurses representative of | ||||||
4 | various nursing specialty areas. The other 5 members may | ||||||
5 | include representatives of associations, health care | ||||||
6 | providers, nursing educators, and consumers. The Board shall be | ||||||
7 | chaired by the Nursing Coordinator, who shall be a voting | ||||||
8 | member of the Board. | ||||||
9 | (b) The membership of the Board shall reasonably reflect | ||||||
10 | representation from the geographic areas in this State. | ||||||
11 | (c) Members of the Board appointed by the Governor shall | ||||||
12 | serve for terms of 4 years, with no member serving more than 10 | ||||||
13 | successive years, except that, initially, 4 members shall be | ||||||
14 | appointed to the Board for terms that expire on June 30, 2009, | ||||||
15 | 4 members shall be appointed to the Board for terms that expire | ||||||
16 | on June 30, 2008, and 3 members shall be appointed to the Board | ||||||
17 | for terms that expire on June 30, 2007. A member shall serve | ||||||
18 | until his or her successor is appointed and has qualified. | ||||||
19 | Vacancies shall be filled in the same manner as original | ||||||
20 | appointments, and any member so appointed shall serve during | ||||||
21 | the remainder of the term for which the vacancy occurred. | ||||||
22 | (d) A quorum of the Board shall consist of a majority of | ||||||
23 | Board members currently serving. A majority vote of the quorum | ||||||
24 | is required for Board decisions. A vacancy in the membership of | ||||||
25 | the Board shall not impair the right of a quorum to exercise | ||||||
26 | all of the rights and perform all of the duties of the Board. |
| |||||||
| |||||||
1 | (e) The Governor may remove any appointed member of the | ||||||
2 | Board for misconduct, incapacity, or neglect of duty and shall | ||||||
3 | be the sole judge of the sufficiency of the cause for removal. | ||||||
4 | (f) Members of the Board are immune from suit in any action | ||||||
5 | based upon any activities performed in good faith as members of | ||||||
6 | the Board. | ||||||
7 | (g) Members of the Board shall not receive compensation, | ||||||
8 | but shall be reimbursed for actual traveling, incidentals, and | ||||||
9 | expenses necessarily incurred in carrying out their duties as | ||||||
10 | members of the Board, as approved by the Department. | ||||||
11 | Section 15-20. Powers and duties of the Board. | ||||||
12 | (a) The Board shall be advisory to the Department and shall | ||||||
13 | possess and perform each of the following powers and duties: | ||||||
14 | (1) determine operational policy; | ||||||
15 | (2) administer grants, scholarships, internships, and | ||||||
16 | other programs, as defined by rule, including the | ||||||
17 | administration of programs, as determined by law, that | ||||||
18 | further those goals set forth in Section 5-10 of this Act, | ||||||
19 | in consultation with other State agencies, as provided by | ||||||
20 | law; | ||||||
21 | (3) establish committees of the Board as needed; | ||||||
22 | (4) recommend the adoption and, from time to time, the | ||||||
23 | revision of those rules that may be adopted and necessary | ||||||
24 | to carry out the provisions of this Act; | ||||||
25 | (5) implement the major functions of the Center, as |
| |||||||
| |||||||
1 | established in the goals set forth in Section 5-10 of this | ||||||
2 | Act; and | ||||||
3 | (6) seek and accept non-State funds for carrying out | ||||||
4 | the policies of the Center. | ||||||
5 | (b) The Center shall work in consultation with other State | ||||||
6 | agencies as necessary. | ||||||
7 | ARTICLE 20. ADMINISTRATION AND ENFORCEMENT | ||||||
8 | Section 20-5. Grounds for disciplinary action. | ||||||
9 | (a) The Department may, upon recommendation of the Board, | ||||||
10 | refuse to issue or to renew, may revoke, suspend, place on | ||||||
11 | probation, or reprimand, or may take other disciplinary action | ||||||
12 | as the Department may deem appropriate with regard to a license | ||||||
13 | for any one or combination of the causes set forth in | ||||||
14 | subsection (b). Fines of up to 25% of benefits, including, but | ||||||
15 | not limited to, monetary gain, may be imposed in conjunction | ||||||
16 | with other forms of disciplinary action for those violations | ||||||
17 | that result in a benefit for the licensee. Fines shall not be | ||||||
18 | the exclusive disposition of any disciplinary action arising | ||||||
19 | out of conduct resulting in death or injury to a patient. Fines | ||||||
20 | shall not be assessed in disciplinary actions involving mental | ||||||
21 | or physical illness or impairment. All fines collected under | ||||||
22 | this Section shall be deposited in the Nursing Dedicated and | ||||||
23 | Professional Fund. | ||||||
24 | (b) Grounds for disciplinary action include the following: |
| |||||||
| |||||||
1 | (1) Material deception in furnishing information to | ||||||
2 | the Department. | ||||||
3 | (2) Material violations of any provision of this Act or | ||||||
4 | violation of the rules of or final administrative action of | ||||||
5 | the Secretary, after consideration of the recommendation | ||||||
6 | of the Board. | ||||||
7 | (3) Conviction by plea of guilty, finding of guilt, | ||||||
8 | jury verdict, or entry of judgment or by sentencing of any | ||||||
9 | crime, 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 (i) that is a felony or | ||||||
13 | (ii) that is a misdemeanor, an essential element of which | ||||||
14 | is dishonesty, or of any crime which is directly related to | ||||||
15 | the practice of the profession. | ||||||
16 | (4) A pattern of practice or other behavior that | ||||||
17 | demonstrates incapacity or incompetence to practice under | ||||||
18 | this Act. | ||||||
19 | (5) Knowingly aiding or assisting another person in | ||||||
20 | violating any provision of this Act or rules. | ||||||
21 | (6) Failing, within 90 days, to provide a response to a | ||||||
22 | request for information in response to a written request | ||||||
23 | made by the Department by certified mail. | ||||||
24 | (7) Engaging in dishonorable, unethical, or | ||||||
25 | unprofessional conduct of a character that deceives, | ||||||
26 | defrauds, or harms the public, as defined by rule. |
| |||||||
| |||||||
1 | (8) Unlawful taking, theft, selling, distributing, or | ||||||
2 | manufacturing of any drug, narcotic, or prescription | ||||||
3 | device. | ||||||
4 | (9) Habitual or excessive use or addiction to alcohol, | ||||||
5 | narcotics, stimulants, or any other chemical agent or drug | ||||||
6 | that results in a licensee's inability to practice with | ||||||
7 | reasonable judgment, skill, or safety. | ||||||
8 | (10) Discipline by another U.S. jurisdiction or | ||||||
9 | foreign nation, if at least one of the grounds for the | ||||||
10 | discipline is the same or substantially equivalent to those | ||||||
11 | set forth in this Section. | ||||||
12 | (11) A finding that the licensee, after having his or | ||||||
13 | her license placed on probationary status, has violated the | ||||||
14 | terms of probation. | ||||||
15 | (12) Being named as a perpetrator in an indicated | ||||||
16 | report by the Department of Children and Family Services | ||||||
17 | and under the Abused and Neglected Child Reporting Act and | ||||||
18 | upon proof by clear and convincing evidence that the | ||||||
19 | licensee has caused a child to be an abused child or | ||||||
20 | neglected child as defined in the Abused and Neglected | ||||||
21 | Child Reporting Act. | ||||||
22 | (13) Willful omission to file or record, willfully | ||||||
23 | impeding the filing or recording, or inducing another | ||||||
24 | person to omit to file or record medical reports as | ||||||
25 | required by law or willfully failing to report an instance | ||||||
26 | of suspected child abuse or neglect as required by the |
| |||||||
| |||||||
1 | Abused and Neglected Child Reporting Act. | ||||||
2 | (14) Gross negligence in the practice of nursing. | ||||||
3 | (15) Holding one out to be practicing nursing under any | ||||||
4 | name other than one's own. | ||||||
5 | (16) Failure of a licensee to report to the Department | ||||||
6 | any adverse final action taken against such licensee by | ||||||
7 | another licensing jurisdiction (any other jurisdiction of | ||||||
8 | the United States or any foreign state or country), any | ||||||
9 | peer review body, any health care institution, a | ||||||
10 | professional or nursing or advanced practice nursing | ||||||
11 | society or association, a governmental agency, a law | ||||||
12 | enforcement agency, or a court or a liability claim | ||||||
13 | relating to acts or conduct similar to acts or conduct that | ||||||
14 | would constitute grounds for action as defined in this | ||||||
15 | Section. | ||||||
16 | (17) Failure of a licensee to report to the Department | ||||||
17 | surrender by the licensee of a license or authorization to | ||||||
18 | practice nursing or advanced practice nursing in another | ||||||
19 | state or jurisdiction or current surrender by the licensee | ||||||
20 | of membership on any nursing staff or organized health care | ||||||
21 | professional staff or in any nursing, advanced practice | ||||||
22 | nurse, or professional association or society while under | ||||||
23 | disciplinary investigation by any of those authorities or | ||||||
24 | bodies for acts or conduct similar to acts or conduct that | ||||||
25 | would constitute grounds for action as defined in this | ||||||
26 | Section. |
| |||||||
| |||||||
1 | (18) Failing, within 60 days, to provide information in | ||||||
2 | response to a written request made by the Department. | ||||||
3 | (19) Failure to establish and maintain records of | ||||||
4 | patient care and treatment as required by law. | ||||||
5 | (20) Any violation of any Section of this Act. | ||||||
6 | (21) Fraud, deceit, or misrepresentation in applying | ||||||
7 | for or procuring a license under this Act or in connection | ||||||
8 | with applying for renewal of a license under this Act. | ||||||
9 | (22) Allowing another person or organization to use the | ||||||
10 | licensees' license to deceive the public. | ||||||
11 | (23) Willfully making or filing false records or | ||||||
12 | reports in the licensee's practice, including, but not | ||||||
13 | limited to, false records to support claims against the | ||||||
14 | medical assistance program of the Department of Healthcare | ||||||
15 | and Family Services under the Illinois Public Aid Code. | ||||||
16 | (24) Attempting to subvert or cheat on a nurse | ||||||
17 | licensing examination administered under this Act. | ||||||
18 | (25) Immoral conduct in the commission of an act, such | ||||||
19 | as sexual abuse, sexual misconduct, or sexual | ||||||
20 | exploitation, related to the licensee's practice. | ||||||
21 | (26) Willfully or negligently violating the | ||||||
22 | confidentiality between nurse and patient except as | ||||||
23 | required by law. | ||||||
24 | (27) Practicing under a false or assumed name, except | ||||||
25 | as provided by law. | ||||||
26 | (28) The use of any false, fraudulent, or deceptive |
| |||||||
| |||||||
1 | statement in any document connected with the licensee's | ||||||
2 | practice. | ||||||
3 | (29) Directly or indirectly giving to or receiving from | ||||||
4 | a person, firm, corporation, partnership, or association a | ||||||
5 | fee, commission, rebate, or other form of compensation for | ||||||
6 | professional services not actually or personally rendered. | ||||||
7 | (30) Failure of a licensee to report to the Department | ||||||
8 | any adverse final action taken against such licensee by | ||||||
9 | another licensing jurisdiction (any other jurisdiction of | ||||||
10 | the United States or any foreign state or country), by any | ||||||
11 | peer review body, by any health care institution, by any | ||||||
12 | professional or nursing society or association, by any | ||||||
13 | governmental agency, by any law enforcement agency, or by | ||||||
14 | any court or a nursing liability claim related to acts or | ||||||
15 | conduct similar to acts or conduct that would constitute | ||||||
16 | grounds for action as defined in this Section. | ||||||
17 | (31) Failure of a licensee or applicant to report to | ||||||
18 | the Department surrender by the licensee of a license or | ||||||
19 | authorization to practice nursing in another state or | ||||||
20 | jurisdiction or current surrender by the licensee of | ||||||
21 | membership on any nursing staff or in any nursing or | ||||||
22 | professional association or society while under | ||||||
23 | disciplinary investigation by any of those authorities or | ||||||
24 | bodies for acts or conduct similar to acts or conduct that | ||||||
25 | would constitute grounds for action as defined by this | ||||||
26 | Section. |
| |||||||
| |||||||
1 | (32) A violation of the Health Care Worker | ||||||
2 | Self-Referral Act. | ||||||
3 | (33) Physical illness, including, but not limited to, | ||||||
4 | deterioration through the aging process or loss of motor | ||||||
5 | skills, mental illness, or disability, that results in the | ||||||
6 | inability to practice the profession with reasonable | ||||||
7 | judgment, skill, or safety. | ||||||
8 | (c) The determination by a circuit court that a licensee is | ||||||
9 | subject to involuntary admission or judicial admission as | ||||||
10 | provided in the Mental Health and Developmental Disabilities | ||||||
11 | Code operates as an automatic suspension. The suspension shall | ||||||
12 | end only upon a finding by a court that the patient is no | ||||||
13 | longer subject to involuntary admission or judicial admission | ||||||
14 | and issues an order so finding and discharging the patient and | ||||||
15 | upon the recommendation of the Board to the Secretary that the | ||||||
16 | licensee be allowed to resume his or her practice. | ||||||
17 | (d) The Department may refuse to issue a license or may | ||||||
18 | suspend the license of any person who fails to file a return, | ||||||
19 | to pay the tax, penalty, or interest shown in a filed return, | ||||||
20 | or to pay any final assessment of the tax, penalty, or interest | ||||||
21 | as required by any tax Act administered by the Department of | ||||||
22 | Revenue, until such time as the requirements of any such tax | ||||||
23 | Act are satisfied. | ||||||
24 | (e) In enforcing this Section, the Department or Board, | ||||||
25 | upon a showing of a possible violation, may compel an | ||||||
26 | individual who is licensed to practice under this Act or who |
| |||||||
| |||||||
1 | has applied for licensure under this Act to submit to a mental | ||||||
2 | or physical examination or both as required by and at the | ||||||
3 | expense of the Department. The Department or Board may order | ||||||
4 | the examining physician to present testimony concerning the | ||||||
5 | mental or physical examination of the licensee or applicant. No | ||||||
6 | information shall be excluded by reason of any common law or | ||||||
7 | statutory privilege relating to communications between the | ||||||
8 | licensee or applicant and the examining physician. The | ||||||
9 | examining physician shall be specifically designated by the | ||||||
10 | Board or Department. The individual to be examined may have, at | ||||||
11 | his or her own expense, another physician of his or her choice | ||||||
12 | present during all aspects of this examination. Failure of an | ||||||
13 | individual to submit to a mental or physical examination, when | ||||||
14 | directed, shall be grounds for automatic suspension of his or | ||||||
15 | her license until the individual submits to the examination. | ||||||
16 | All substance-related violations shall mandate an automatic | ||||||
17 | substance abuse assessment. Failure to submit to an assessment | ||||||
18 | by a licensed physician who is certified as an addictionist or | ||||||
19 | an advanced practice nurse with specialty certification in | ||||||
20 | addictions may be grounds for an automatic suspension, as | ||||||
21 | defined in rules. | ||||||
22 | If the Department or Board finds an individual unable to | ||||||
23 | practice or unfit for duty because of the reasons set forth in | ||||||
24 | this Section, the Department or Board may require that the | ||||||
25 | individual submit to a substance abuse evaluation or treatment | ||||||
26 | by individuals or programs approved or designated by the |
| |||||||
| |||||||
1 | Department or Board as a condition, term, or restriction for | ||||||
2 | continued, reinstated, or renewed licensure to practice; or, in | ||||||
3 | lieu of evaluation or treatment, the Department may file or the | ||||||
4 | Board may recommend to the Department to file a complaint to | ||||||
5 | immediately suspend, revoke, or otherwise discipline the | ||||||
6 | license of the individual. An individual whose license was | ||||||
7 | granted, continued, reinstated, renewed, disciplined, or | ||||||
8 | supervised, subject to such terms, conditions, or | ||||||
9 | restrictions, and who fails to comply with such terms, | ||||||
10 | conditions, or restrictions shall be referred to the Secretary | ||||||
11 | for a determination as to whether the individual shall have his | ||||||
12 | or her license suspended immediately, pending a hearing by the | ||||||
13 | Department. | ||||||
14 | In instances in which the Secretary immediately suspends a | ||||||
15 | person's license under this Section, a hearing on that person's | ||||||
16 | license must be convened by the Department within 15 days after | ||||||
17 | the suspension and completed without appreciable delay. The | ||||||
18 | Department and Board shall have the authority to review the | ||||||
19 | subject individual's record of treatment and counseling | ||||||
20 | regarding the impairment to the extent permitted by applicable | ||||||
21 | federal statutes and regulations safeguarding the | ||||||
22 | confidentiality of medical records. | ||||||
23 | An individual licensed under this Act and affected under | ||||||
24 | this Section shall be afforded an opportunity to demonstrate to | ||||||
25 | the Department or Board that he or she can resume practice in | ||||||
26 | compliance with nursing standards under the provisions of his |
| |||||||
| |||||||
1 | or her license. | ||||||
2 | Section 20-10. Intoxication and drug abuse. | ||||||
3 | (a) Any nurse who has knowledge of any action or condition | ||||||
4 | that reasonably indicates that a registered professional nurse | ||||||
5 | or licensed practical nurse is impaired due to the use of | ||||||
6 | alcohol or mood-altering drugs to the extent that such | ||||||
7 | impairment adversely affects such nurse's professional | ||||||
8 | performance or unlawfully possesses, uses, distributes, or | ||||||
9 | converts mood-altering drugs belonging to the place of | ||||||
10 | employment shall report this individual to the Department or | ||||||
11 | designee of the Department. Any nurse participating in | ||||||
12 | mandatory reporting to the Department under this Section or in | ||||||
13 | good faith assisting another person in making such a report | ||||||
14 | shall have immunity from any liability, either criminal or | ||||||
15 | civil, that might result by reason of such action. | ||||||
16 | (b) Nurses may initiate self-referral to a Nursing | ||||||
17 | Assistance Program and their identity shall remain | ||||||
18 | confidential with no disciplinary action taken against them as | ||||||
19 | long as they comply with the Department or designee-approved | ||||||
20 | program. | ||||||
21 | (c) Each year on March 1, commencing with the effective | ||||||
22 | date of this Act, the Department shall submit a report to the | ||||||
23 | General Assembly. The report shall include the number of | ||||||
24 | reports made under this Section to the Department during the | ||||||
25 | previous year, the number of reports reviewed and found |
| |||||||
| |||||||
1 | insufficient to warrant further investigation, the number of | ||||||
2 | reports not completed, and the reasons for incompletion. This | ||||||
3 | report shall also be made available to nurses requesting the | ||||||
4 | report. | ||||||
5 | (d) Any person making a report under this Section or in | ||||||
6 | good faith assisting another person in making such a report | ||||||
7 | shall have immunity from any liability, either criminal or | ||||||
8 | civil, that might result by reason of such action. For the | ||||||
9 | purpose of any legal proceeding, criminal or civil, there shall | ||||||
10 | be a rebuttable presumption that any person making a report | ||||||
11 | under this Section or assisting another person in making such | ||||||
12 | report was acting in good faith. All such reports and any | ||||||
13 | information disclosed to or collected by the Department | ||||||
14 | pursuant to this Section shall remain confidential records of | ||||||
15 | the Department and shall not be disclosed nor be subject to any | ||||||
16 | law or rule of this State relating to freedom of information or | ||||||
17 | public disclosure of records. | ||||||
18 | Section 20-15. Duty to report by others. | ||||||
19 | (a) Employers of registered professional nurses, licensed | ||||||
20 | practical or vocational nurses, or advanced practice nurses | ||||||
21 | shall report to the Board the names of any licensee or | ||||||
22 | applicant for nursing licensure whose employment has been | ||||||
23 | terminated or who has resigned in order to avoid termination | ||||||
24 | for any reasons stipulated as follows: | ||||||
25 | (1) Failure to demonstrate the qualifications or |
| |||||||
| |||||||
1 | satisfy the requirements for licensure contained in this | ||||||
2 | Act. | ||||||
3 | (2) Convictions by a court or entry of an Alford plea | ||||||
4 | or a nolo contendere plea to a crime in any jurisdiction | ||||||
5 | that relates adversely to the practice of nursing or to the | ||||||
6 | ability to practice nursing. | ||||||
7 | (3) Employing fraud or deceit in procuring or | ||||||
8 | attempting to procure a license to practice nursing, in | ||||||
9 | filing any reports or completing patient records, in | ||||||
10 | representation of self to board or public, in | ||||||
11 | authenticating any report or records in the nurse's | ||||||
12 | capacity as a registered professional nurse, licensed | ||||||
13 | practical or vocational nurse, or advanced practice nurse, | ||||||
14 | or in submitting any information or record to the Board. | ||||||
15 | (4) Unethical conduct, including, but not limited to, | ||||||
16 | conduct likely to deceive, defraud, or harm the public, or | ||||||
17 | demonstrating a willful or careless disregard for the | ||||||
18 | health or safety of a patient. Actual injury need not be | ||||||
19 | established. | ||||||
20 | (5) A nurse's license to practice nursing or a | ||||||
21 | multi-state practice privilege or another professional | ||||||
22 | license or other credential has been denied, revoked, | ||||||
23 | suspended, restricted, or otherwise disciplined in this or | ||||||
24 | any other state. | ||||||
25 | (6) Actions or conduct, including, but not limited to: | ||||||
26 | (A) Failure or inability to perform professional |
| |||||||
| |||||||
1 | nursing, practical or vocational nursing, or advanced | ||||||
2 | practice nursing, as defined in this Act, with | ||||||
3 | reasonable skill and safety. | ||||||
4 | (B) Unprofessional conduct, including, but not | ||||||
5 | limited to: | ||||||
6 | (i) A departure from or failure to conform to | ||||||
7 | nursing standards. | ||||||
8 | (ii) Improper management of patient records. | ||||||
9 | (iii) Delegating or accepting the delegation | ||||||
10 | of a nursing function or a prescribed health | ||||||
11 | function when the delegation or acceptance could | ||||||
12 | reasonably be expected to result in unsafe or | ||||||
13 | ineffective patient care. | ||||||
14 | (iv) Failure to supervise the performance of | ||||||
15 | acts by any individual working at the nurse's | ||||||
16 | delegation or assignment. | ||||||
17 | (v) Failure of a clinical nursing instructor | ||||||
18 | to supervise student experiences. | ||||||
19 | (C) Failure of a chief nurse executive to follow | ||||||
20 | appropriate and recognized standards and guidelines in | ||||||
21 | providing oversight of the nursing organization and | ||||||
22 | nursing services of a health care delivery system. | ||||||
23 | (D) Failure to practice within a modified scope of | ||||||
24 | practice or with the required accommodations of any | ||||||
25 | stipulated agreement with the board or employer. | ||||||
26 | (E) Conduct or any nursing practice that may create |
| |||||||
| |||||||
1 | unnecessary danger to a patient's life, health, or | ||||||
2 | safety. Actual injury to a patient need not be | ||||||
3 | established. | ||||||
4 | (F) Demonstration of actual or potential inability | ||||||
5 | to practice nursing with reasonable skill and safety to | ||||||
6 | patients by reason of illness; use of alcohol, drugs, | ||||||
7 | chemicals, or any other material; or as a result of any | ||||||
8 | mental or physical conditions. | ||||||
9 | (7) Actions of misconduct, including without | ||||||
10 | limitation: | ||||||
11 | (A) Falsifying reports, patient documentation, | ||||||
12 | agency records, or other essential health documents. | ||||||
13 | (B) Failure to cooperate with a lawful | ||||||
14 | investigation conducted by the Board. | ||||||
15 | (C) Failure to maintain professional boundaries | ||||||
16 | with patients and or patient family members. | ||||||
17 | (D) Use of excessive force upon or mistreatment or | ||||||
18 | abuse of any patient. | ||||||
19 | (E) Engaging in sexual conduct with a patient, | ||||||
20 | touching a patient in a sexual manner, requesting or | ||||||
21 | offering sexual favors, or language or behavior | ||||||
22 | suggestive of the same. | ||||||
23 | (F) Threatening or violent behavior in the | ||||||
24 | workplace. | ||||||
25 | (8) Diversion or attempts to divert drugs or controlled | ||||||
26 | substances from the workplace. |
| |||||||
| |||||||
1 | (9) Failure of a participant of an alternative (to | ||||||
2 | discipline) program to comply with terms of his or her | ||||||
3 | alternative program agreement. | ||||||
4 | (10) Other drug related actions or conduct that | ||||||
5 | include, but are not limited to: | ||||||
6 | (A) Use of any controlled substance or any drug or | ||||||
7 | device or alcoholic beverage to an extent or in a | ||||||
8 | manner dangerous or injurious to himself or herself, | ||||||
9 | any other person, or the public or to the extent that | ||||||
10 | such use may impair his or her ability to conduct with | ||||||
11 | safety to the public the practice authorized by his or | ||||||
12 | her license. | ||||||
13 | (B) Falsification of or making incorrect, | ||||||
14 | inconsistent, or unintelligible entries in any agency, | ||||||
15 | patient, or other record pertaining to drugs or | ||||||
16 | controlled substances. | ||||||
17 | (C) A positive drug screen for which there is no | ||||||
18 | lawful prescription. | ||||||
19 | (11) Unlawful practice or actions, including without | ||||||
20 | limitation: | ||||||
21 | (A) Knowingly aiding, assisting, advising, or | ||||||
22 | allowing an unlicensed person to engage in the unlawful | ||||||
23 | practice of professional or practical nursing. | ||||||
24 | (B) Violating a rule adopted by the Board, an order | ||||||
25 | of the Board, or a State or federal law relating to the | ||||||
26 | practice of professional or practical nursing or a |
| |||||||
| |||||||
1 | state or federal narcotics or controlled substance | ||||||
2 | law. | ||||||
3 | (C) Practicing beyond the scope of practice as | ||||||
4 | stated in this Act. | ||||||
5 | (D) Failing to report violations of this Act. | ||||||
6 | Section 20-20. Disciplinary and non-disciplinary options | ||||||
7 | for the impaired nurse. | ||||||
8 | (a) There are 3 options to assist the chemically dependent | ||||||
9 | nurse that will assist him or her in receiving treatment and | ||||||
10 | will remain confidential and will not result in disciplinary | ||||||
11 | action by the Board or Department. | ||||||
12 | (1) An individual can self-report to a Board-approved | ||||||
13 | Nursing Assistance Program. The program shall identify | ||||||
14 | these nurses by number to ensure anonymity and shall | ||||||
15 | provide a report to the Department regarding their progress | ||||||
16 | on a monthly basis. Nurses who are non-compliant with the | ||||||
17 | program or any nurse that the staff at the Nursing | ||||||
18 | Assistance Program believes may be a risk to the public | ||||||
19 | shall be reported by name to the Department. | ||||||
20 | (2) An individual may enroll in a Board-approved | ||||||
21 | Employee Assistance Program through their employer. | ||||||
22 | (3) An individual may enroll in the Department's Care, | ||||||
23 | Counseling and Treatment (CCT) program through the | ||||||
24 | Department. | ||||||
25 | (b) For reports filed through the Department Complaint |
| |||||||
| |||||||
1 | Intake department by self, employer, co-worker or other, the | ||||||
2 | following measures shall be taken: | ||||||
3 | (1) Immediately, after the complaint is filed, the | ||||||
4 | newly created file shall be directly assigned to the lead | ||||||
5 | investigator at the Department, who has 10 business days to | ||||||
6 | initiate contact with the complainant and nurse | ||||||
7 | respondent. | ||||||
8 | (2) The investigator shall contact the complainant and | ||||||
9 | determine whether a complaint exists, the severity of the | ||||||
10 | complaint, and whether the individual qualifies for the CCT | ||||||
11 | program. | ||||||
12 | (3) The investigator shall then contact the nurse | ||||||
13 | respondent (in person or by phone) explaining the | ||||||
14 | allegations and offering enrollment in CCT. | ||||||
15 | (4) The respondent may enroll in CCT immediately or | ||||||
16 | within 10 business days. It is the responsibility of the | ||||||
17 | respondent to make an appointment to meet with an attorney | ||||||
18 | at the Department to discuss the CCT program. | ||||||
19 | (5) If he or she wishes to enroll in the program, he or | ||||||
20 | she shall indicate his or her willingness to voluntarily | ||||||
21 | participate by signing the CCT agreement. After 10 business | ||||||
22 | days the respondent waives his or her rights to be eligible | ||||||
23 | for CCT and a formal investigation is initiated. | ||||||
24 | (b) An individual is eligible for the CCT program if he or | ||||||
25 | she meets the following criteria: | ||||||
26 | (1) Is a registered professional nurse or licensed |
| |||||||
| |||||||
1 | practical nurse either eligible for or holding an Illinois | ||||||
2 | nursing license or a person holding a temporary license in | ||||||
3 | Illinois. | ||||||
4 | (2) Voluntarily requests admission to the CCT program | ||||||
5 | prior to the initiation of an investigation. | ||||||
6 | (3) Is currently enrolled in a peer assistance or | ||||||
7 | diversion program and is requesting endorsement from | ||||||
8 | another state. | ||||||
9 | (4) Acknowledges abusing drugs or alcohol. | ||||||
10 | (5) May have had previous disciplinary action for | ||||||
11 | chemical dependency by any state board, but none within the | ||||||
12 | last 10 years. | ||||||
13 | (6) Has not been terminated, due to noncompliance, from | ||||||
14 | any peer assistance or diversion program by any state board | ||||||
15 | within the last 10 years. | ||||||
16 | (7) Has not altered patient records and has no nursing | ||||||
17 | practice problems involving death or significant harm to a | ||||||
18 | patient. | ||||||
19 | (8) Has not engaged in the taking of chemicals or | ||||||
20 | substances for the purpose of sale or distribution. | ||||||
21 | (9) Has not engaged in the diversion, procurement, or | ||||||
22 | distribution of chemicals, potential components, or | ||||||
23 | supplies that could result in the manufacture or use of | ||||||
24 | illegal substances. | ||||||
25 | If the respondent does not qualify for CCT or fails to sign | ||||||
26 | the CCT agreement in 10 business days, the Department shall |
| |||||||
| |||||||
1 | then initiate a formal investigation and the respondent is | ||||||
2 | scheduled for an informal conference with a member of the | ||||||
3 | Board. | ||||||
4 | (c) If an individual denies the accusations, he or she has | ||||||
5 | 30 days to be evaluated by a physician who is certified in | ||||||
6 | addictions from an approved list of the Board. If he or she is | ||||||
7 | found to be chemically dependent, he or she shall then proceed | ||||||
8 | to an informal hearing with the Board. | ||||||
9 | Section 20-25. Reports relating to professional conduct | ||||||
10 | and capacity. | ||||||
11 | (a) The chief administrator or executive officer of a | ||||||
12 | health care institution licensed by the Department of Public | ||||||
13 | Health, which provides the minimum due process set forth in | ||||||
14 | Section 10.4 of the Hospital Licensing Act, shall report to the | ||||||
15 | Board when a licensee's organized professional staff clinical | ||||||
16 | privileges are terminated or are restricted based on a final | ||||||
17 | determination, in accordance with that institution's bylaws or | ||||||
18 | rules, that (i) a person has either committed an act or acts | ||||||
19 | that may directly threaten patient care and that are not of an | ||||||
20 | administrative nature or (ii) that a person may be mentally or | ||||||
21 | physically disabled in a manner that may endanger patients | ||||||
22 | under that person's care. The chief administrator or officer | ||||||
23 | shall also report if a licensee accepts voluntary termination | ||||||
24 | or restriction of clinical privileges in lieu of formal action | ||||||
25 | based upon conduct related directly to patient care and not of |
| |||||||
| |||||||
1 | an administrative nature or in lieu of formal action seeking to | ||||||
2 | determine whether a person may be mentally or physically | ||||||
3 | disabled in a manner that may endanger patients under that | ||||||
4 | person's care. The Board shall provide by rule for the | ||||||
5 | reporting to it of all instances in which a person licensed | ||||||
6 | under this Act who is impaired by reason of age, drug, or | ||||||
7 | alcohol abuse or physical or mental impairment, is under | ||||||
8 | supervision, and, where appropriate, is in a program of | ||||||
9 | rehabilitation. Reports submitted under this subsection (a) | ||||||
10 | shall be strictly confidential and may be reviewed and | ||||||
11 | considered only by the members of the Board or authorized staff | ||||||
12 | as provided by rule of the Board. Provisions shall be made for | ||||||
13 | the periodic report of the status of any such reported person | ||||||
14 | not less than twice annually in order that the Board shall have | ||||||
15 | current information upon which to determine the status of that | ||||||
16 | person. Initial and periodic reports of impaired advanced | ||||||
17 | practice nurses shall not be considered records within the | ||||||
18 | meaning of the State Records Act and shall be disposed of, | ||||||
19 | following a determination by the Board that such reports are no | ||||||
20 | longer required, in a manner and at an appropriate time as the | ||||||
21 | Board shall determine by rule. The filing of reports submitted | ||||||
22 | under this subsection (a) shall be construed as the filing of a | ||||||
23 | report for purposes of subsection (c) of this Section. | ||||||
24 | The President or chief executive officer of an association | ||||||
25 | or society of persons licensed under this Act, operating within | ||||||
26 | this State, shall report to the Board when the association or |
| |||||||
| |||||||
1 | society renders a final determination that a person licensed | ||||||
2 | under this Act has committed unprofessional conduct related | ||||||
3 | directly to patient care or that a person may be mentally or | ||||||
4 | physically disabled in a manner that may endanger patients | ||||||
5 | under the person's care. | ||||||
6 | Every insurance company that offers policies of | ||||||
7 | professional liability insurance to persons licensed under | ||||||
8 | this Act or any other entity that seeks to indemnify the | ||||||
9 | professional liability of a person licensed under this Act | ||||||
10 | shall report to the Board the settlement of any claim or cause | ||||||
11 | of action or final judgment rendered in any cause of action | ||||||
12 | that alleged negligence in the furnishing of patient care by | ||||||
13 | the licensee when the settlement or final judgment is in favor | ||||||
14 | of the plaintiff. | ||||||
15 | The State's Attorney of each county shall report to the | ||||||
16 | Board all instances in which a person licensed under this Act | ||||||
17 | is convicted or otherwise found guilty of the commission of a | ||||||
18 | felony. | ||||||
19 | All agencies, boards, commissions, departments, or other | ||||||
20 | instrumentalities of the government of this State shall report | ||||||
21 | to the Board any instance arising in connection with the | ||||||
22 | operations of the agency, including the administration of any | ||||||
23 | law by the agency, in which a person licensed under this Act | ||||||
24 | has either committed an act or acts that may constitute a | ||||||
25 | violation of this Act, that may constitute unprofessional | ||||||
26 | conduct related directly to patient care, or that indicates |
| |||||||
| |||||||
1 | that a person licensed under this Act may be mentally or | ||||||
2 | physically disabled in a manner that may endanger patients | ||||||
3 | under that person's care. | ||||||
4 | (b) All reports required under items (8) and (9) of | ||||||
5 | subsection (a) of Section 10-140 of this Act and under this | ||||||
6 | Section shall be submitted to the Board in a timely fashion. | ||||||
7 | The reports shall be filed in writing within 60 days after a | ||||||
8 | determination that a report is required under this Act. All | ||||||
9 | reports shall contain the following information: | ||||||
10 | (1) The name, address, and telephone number of the | ||||||
11 | person making the report. | ||||||
12 | (2) The name, address, and telephone number of the | ||||||
13 | person who is the subject of the report. | ||||||
14 | (3) The name or other means of identification of any | ||||||
15 | patient or patients whose treatment is a subject of the | ||||||
16 | report, except that no medical records may be revealed | ||||||
17 | without the written consent of the patient or patients. | ||||||
18 | (4) A brief description of the facts that gave rise to | ||||||
19 | the issuance of the report, including, but not limited to, | ||||||
20 | the dates of any occurrences deemed to necessitate the | ||||||
21 | filing of the report. | ||||||
22 | (5) If court action is involved, the identity of the | ||||||
23 | court in which the action is filed, the docket number, and | ||||||
24 | date of filing of the action. | ||||||
25 | (6) Any further pertinent information that the | ||||||
26 | reporting party deems to be an aid in the evaluation of the |
| |||||||
| |||||||
1 | report. | ||||||
2 | Nothing contained in this Section shall be construed to in | ||||||
3 | any way waive or modify the confidentiality of medical reports | ||||||
4 | and committee reports to the extent provided by law. Any | ||||||
5 | information reported or disclosed shall be kept for the | ||||||
6 | confidential use of the Board, the Board's attorneys, the | ||||||
7 | investigative staff, and authorized clerical staff and shall be | ||||||
8 | afforded the same status as is provided information concerning | ||||||
9 | medical studies in Part 21 of Article VIII of the Code of Civil | ||||||
10 | Procedure. | ||||||
11 | (c) An individual or organization acting in good faith and | ||||||
12 | not in a willful and wanton manner in complying with this Act | ||||||
13 | by providing a report or other information to the Board, by | ||||||
14 | assisting in the investigation or preparation of a report or | ||||||
15 | information, by participating in proceedings of the Board, or | ||||||
16 | by serving as a member of the Board shall not, as a result of | ||||||
17 | such actions, be subject to criminal prosecution or civil | ||||||
18 | damages. | ||||||
19 | (d) Members of the Board, the Board's attorneys, the | ||||||
20 | investigative staff, advanced practice nurses or physicians | ||||||
21 | retained under contract to assist and advise in the | ||||||
22 | investigation, and authorized clerical staff shall be | ||||||
23 | indemnified by the State for any actions (i) occurring within | ||||||
24 | the scope of services on the Board, (ii) performed in good | ||||||
25 | faith, and (iii) not willful or wanton in nature. The Attorney | ||||||
26 | General shall defend all actions taken against those persons |
| |||||||
| |||||||
1 | unless he or she determines either that there would be a | ||||||
2 | conflict of interest in the representation or that the actions | ||||||
3 | complained of were not performed in good faith or were willful | ||||||
4 | and wanton in nature. If the Attorney General declines | ||||||
5 | representation, the member shall have the right to employ | ||||||
6 | counsel of his or her choice, whose fees shall be provided by | ||||||
7 | the State, after approval by the Attorney General, unless there | ||||||
8 | is a determination by a court that the member's actions were | ||||||
9 | not performed in good faith or were willful or wanton in | ||||||
10 | nature. The member shall notify the Attorney General within 7 | ||||||
11 | days after receipt of notice of the initiation of an action | ||||||
12 | involving services of the Board. Failure to so notify the | ||||||
13 | Attorney General shall constitute an absolute waiver of the | ||||||
14 | right to a defense and indemnification. The Attorney General | ||||||
15 | shall determine within 7 days after receiving the notice | ||||||
16 | whether he or she will undertake to represent the member. | ||||||
17 | (e) Upon the receipt of a report called for by this Act, | ||||||
18 | other than those reports of impaired persons licensed under | ||||||
19 | this Act required pursuant to the rules of the Board, the Board | ||||||
20 | shall notify in writing by certified mail the person who is the | ||||||
21 | subject of the report. The notification shall be made within 30 | ||||||
22 | days after receipt by the Board of the report. The notification | ||||||
23 | shall include a written notice setting forth the person's right | ||||||
24 | to examine the report. Included in the notification shall be | ||||||
25 | the address at which the file is maintained, the name of the | ||||||
26 | custodian of the reports, and the telephone number at which the |
| |||||||
| |||||||
1 | custodian may be reached. The person who is the subject of the | ||||||
2 | report shall submit a written statement responding to, | ||||||
3 | clarifying, adding to, or proposing to amend the report | ||||||
4 | previously filed. The statement shall become a permanent part | ||||||
5 | of the file and shall be received by the Board no more than 30 | ||||||
6 | days after the date on which the person was notified of the | ||||||
7 | existence of the original report. The Board shall review all | ||||||
8 | reports received by it and any supporting information and | ||||||
9 | responding statements submitted by persons who are the subject | ||||||
10 | of reports. The review by the Board shall be in a timely | ||||||
11 | manner, but in no event shall the Board's initial review of the | ||||||
12 | material contained in each disciplinary file be less than 61 | ||||||
13 | days nor more than 180 days after the receipt of the initial | ||||||
14 | report by the Board. When the Board makes its initial review of | ||||||
15 | the materials contained within its disciplinary files, the | ||||||
16 | Board shall, in writing, make a determination as to whether | ||||||
17 | there are sufficient facts to warrant further investigation or | ||||||
18 | action. Failure to make that determination within the time | ||||||
19 | provided shall be deemed to be a determination that there are | ||||||
20 | not sufficient facts to warrant further investigation or | ||||||
21 | action. Should the Board find that there are not sufficient | ||||||
22 | facts to warrant further investigation or action, the report | ||||||
23 | shall be accepted for filing and the matter shall be deemed | ||||||
24 | closed and so reported. The individual or entity filing the | ||||||
25 | original report or complaint and the person who is the subject | ||||||
26 | of the report or complaint shall be notified in writing by the |
| |||||||
| |||||||
1 | Board of any final action on their report or complaint. | ||||||
2 | (f) The Board shall prepare, on a timely basis, but in no | ||||||
3 | event less than one every other month, a summary report of | ||||||
4 | final actions taken upon disciplinary files maintained by the | ||||||
5 | Board. The summary reports shall be sent by the Board to every | ||||||
6 | health care facility licensed by the Department of Public | ||||||
7 | Health, every professional association and society of persons | ||||||
8 | licensed under this Act functioning on a statewide basis in | ||||||
9 | this State, all insurers providing professional liability | ||||||
10 | insurance to persons licensed under this Act in this State, and | ||||||
11 | the Illinois Pharmacists Association. | ||||||
12 | (g) Any violation of this Section shall constitute a Class | ||||||
13 | A misdemeanor. | ||||||
14 | (h) If a person violates the provisions of this Section, an | ||||||
15 | action may be brought in the name of the People of the State of | ||||||
16 | Illinois, through the Attorney General of the State of | ||||||
17 | Illinois, for an order enjoining the violation or for an order | ||||||
18 | enforcing compliance with this Section. Upon filing of a | ||||||
19 | verified petition in court, the court may issue a temporary | ||||||
20 | restraining order without notice or bond and may preliminarily | ||||||
21 | or permanently enjoin the violation, and if it is established | ||||||
22 | that the person has violated or is violating the injunction, | ||||||
23 | the court may punish the offender for contempt of court. | ||||||
24 | Proceedings under this subsection (h) shall be in addition to | ||||||
25 | and not in lieu of all other remedies and penalties provided | ||||||
26 | for by this Section. |
| |||||||
| |||||||
1 | Section 20-30. Returned checks; fines. Any person who | ||||||
2 | delivers a check or other payment to the Department that is | ||||||
3 | returned to the Department unpaid by the financial institution | ||||||
4 | upon which it is drawn shall pay to the Department, in addition | ||||||
5 | to the amount already owed to the Department, a fine of $50. | ||||||
6 | The fines imposed by this Section are in addition to any other | ||||||
7 | discipline provided under this Act for unlicensed practice or | ||||||
8 | practice on a nonrenewed license. The Department shall notify | ||||||
9 | the person that payment of fees and fines shall be paid to the | ||||||
10 | Department by certified check or money order within 30 calendar | ||||||
11 | days after the notification. If, after the expiration of 30 | ||||||
12 | days from the date of the notification, the person has failed | ||||||
13 | to submit the necessary remittance, the Department shall | ||||||
14 | automatically terminate the license or deny the application, | ||||||
15 | without hearing. If, after termination or denial, the person | ||||||
16 | seeks a license, he or she shall apply to the Department for | ||||||
17 | restoration or issuance of the license and pay all fees and | ||||||
18 | fines due to the Department. The Department may establish a fee | ||||||
19 | for the processing of an application for restoration of a | ||||||
20 | license to pay all expenses of processing this application. The | ||||||
21 | Secretary may waive the fines due under this Section in | ||||||
22 | individual cases where the Secretary finds that the fines would | ||||||
23 | be unreasonable or unnecessarily burdensome. | ||||||
24 | Section 20-35. Roster. The Department shall maintain a |
| |||||||
| |||||||
1 | roster of the names and addresses of all licensees and of all | ||||||
2 | persons whose licenses have been suspended or revoked. The | ||||||
3 | Department shall remove from public access the indication for | ||||||
4 | discipline for first-time offenders who petition the | ||||||
5 | Department 5 years after successful completion of the terms and | ||||||
6 | conditions of the discipline. This roster shall be available | ||||||
7 | upon written request and payment of the required fees. | ||||||
8 | Section 20-40. Licensure requirements; Internet site. The | ||||||
9 | Department shall make available to the public the requirements | ||||||
10 | for licensure in English and Spanish on the Internet through | ||||||
11 | the Department's World Wide Web site. This information shall | ||||||
12 | include the requirements for licensure of individuals | ||||||
13 | currently residing in another state or territory of the United | ||||||
14 | States or a foreign country, territory, or province. The | ||||||
15 | Department shall establish an e-mail link to the Department for | ||||||
16 | information on the requirements for licensure, with replies | ||||||
17 | available in English and Spanish. | ||||||
18 | Section 20-45. Educational resources; Internet link. The | ||||||
19 | Department shall work with the Board, the Board of Higher | ||||||
20 | Education, the Illinois Student Assistance Commission, | ||||||
21 | Statewide organizations, and community-based organizations to | ||||||
22 | develop a list of Department-approved nursing programs and | ||||||
23 | other educational resources related to the Test of English as a | ||||||
24 | Foreign Language. The Department shall provide a link to a list |
| |||||||
| |||||||
1 | of these resources, in English and Spanish, on the Department's | ||||||
2 | World Wide Web site. | ||||||
3 | Section 20-50. Fees. | ||||||
4 | (a) The Department shall provide by rule for a schedule of | ||||||
5 | fees to be paid for licenses by all applicants. | ||||||
6 | (b) Except as provided in subsection (c) of this Section, | ||||||
7 | the fees for the administration and enforcement of this Act, | ||||||
8 | including, but not limited to, original licensure, renewal, and | ||||||
9 | restoration, shall be set by rule. The fees shall not be | ||||||
10 | refundable. | ||||||
11 | (c) In addition, applicants for any examination as a | ||||||
12 | registered professional nurse or a licensed practical nurse | ||||||
13 | shall be required to pay, either to the Department or to the | ||||||
14 | designated testing service, a fee covering the cost of | ||||||
15 | providing the examination. Failure to appear for the | ||||||
16 | examination on the scheduled date, at the time and place | ||||||
17 | specified, after the applicant's application for examination | ||||||
18 | has been received and acknowledged by the Department or the | ||||||
19 | designated testing service, shall result in the forfeiture of | ||||||
20 | the examination fee. | ||||||
21 | Section 20-55. Fund. | ||||||
22 | (a) There is hereby created within the State treasury the | ||||||
23 | Nursing Dedicated and Professional Fund. The moneys in the Fund | ||||||
24 | may be used by and at the direction of the Department for the |
| |||||||
| |||||||
1 | administration and enforcement of this Act, including, but not | ||||||
2 | limited to: | ||||||
3 | (1) Distribution and publication of the Nurse Practice | ||||||
4 | Act and the rules at the time of renewal to all persons | ||||||
5 | licensed by the Department under this Act. | ||||||
6 | (2) Employment of secretarial, nursing, | ||||||
7 | administrative, enforcement, and other staff for the | ||||||
8 | administration of this Act. | ||||||
9 | (3) Conducting a survey, as prescribed by rule of the | ||||||
10 | Department, once every 4 years during the license renewal | ||||||
11 | period. | ||||||
12 | (4) Conducting training seminars for licensees under | ||||||
13 | this Act relating to the obligations, responsibilities, | ||||||
14 | enforcement, and other provisions of the Act and its rules. | ||||||
15 | (b) Disposition of fees: | ||||||
16 | (1) $5 of every licensure fee shall be placed in a fund | ||||||
17 | for assistance to nurses enrolled in a diversionary | ||||||
18 | program. This does not include nurses enrolled in employee | ||||||
19 | assistance programs. | ||||||
20 | (2) All of the fees and fines collected
pursuant to | ||||||
21 | this Act shall be deposited in the Nursing Dedicated and | ||||||
22 | Professional Fund.
| ||||||
23 | (3) Each fiscal year, the moneys deposited in the | ||||||
24 | Nursing Dedicated and Professional Fund shall be | ||||||
25 | appropriated to the Department for expenses of the | ||||||
26 | Department and the Board in the administration of this Act. |
| |||||||
| |||||||
1 | All earnings received from investment of moneys in the | ||||||
2 | Nursing Dedicated and Professional Fund shall be deposited | ||||||
3 | in the Nursing Dedicated and Professional Fund and shall be | ||||||
4 | used for the same purposes as fees deposited in the Fund. | ||||||
5 | (4) Each fiscal year, $1,200,000 of the moneys | ||||||
6 | deposited in the Nursing Dedicated and Professional Fund | ||||||
7 | each year shall be set aside and appropriated to the | ||||||
8 | Department of Public Health for nursing scholarships | ||||||
9 | awarded pursuant to the Nursing Education Scholarship Law. | ||||||
10 | Representatives of the Department and the Nursing | ||||||
11 | Education Scholarship Program Advisory Council shall | ||||||
12 | review this requirement and the scholarship awards every 2 | ||||||
13 | years. | ||||||
14 | (5) Moneys in the Fund may be transferred to the | ||||||
15 | Professions Indirect Cost Fund as authorized under Section | ||||||
16 | 2105-300 of the Department of Professional Regulation Law | ||||||
17 | (20 ILCS 2105/2105-300). | ||||||
18 | (c) Moneys set aside for nursing scholarships awarded | ||||||
19 | pursuant to the Nursing Education Scholarship Law as provided | ||||||
20 | in item (4) of subsection (b) of this Section may not be | ||||||
21 | transferred under Section 8h of the State Finance Act. | ||||||
22 | Section 20-60. Limitation on action. All proceedings to | ||||||
23 | suspend, revoke, or take any other disciplinary action as the | ||||||
24 | Department may deem proper, with regard to a license, on any of | ||||||
25 | the grounds under Section 20-5 of this Act may not be commenced |
| |||||||
| |||||||
1 | later than 3 years next after the commission of any act which | ||||||
2 | is a ground for discipline or a final conviction order for any | ||||||
3 | of the acts described. In the event of the settlement of any | ||||||
4 | claim or cause of action in favor of the claimant or the | ||||||
5 | reduction to final judgment of any civil action in favor of the | ||||||
6 | plaintiff, such claim, cause of action, or civil action being | ||||||
7 | grounded on the allegation that a person licensed under this | ||||||
8 | Act was negligent in providing care, the Department shall have | ||||||
9 | an additional period of one year from the date of such | ||||||
10 | settlement or final judgment in which to investigate and | ||||||
11 | commence formal disciplinary proceedings under this Act, | ||||||
12 | except as otherwise provided by law. The time during which the | ||||||
13 | holder of the license was outside the State of Illinois shall | ||||||
14 | not be included within any period of time limiting the | ||||||
15 | commencement of disciplinary action by the Board. | ||||||
16 | Section 20-65. Suspension for imminent danger. The | ||||||
17 | Secretary of the Department may, upon receipt of a written | ||||||
18 | communication from the Secretary of Human Services, the | ||||||
19 | Director of Healthcare and Family Services, or the Director of | ||||||
20 | Public Health that continuation of practice of a person | ||||||
21 | licensed under this Act constitutes an immediate danger to the | ||||||
22 | public, immediately suspend the license of such person without | ||||||
23 | a hearing. In instances in which the Secretary immediately | ||||||
24 | suspends a license under this Section, a hearing upon such | ||||||
25 | person's license must be convened by the Department within 30 |
| |||||||
| |||||||
1 | days after such suspension and completed without appreciable | ||||||
2 | delay, such hearing held to determine whether to recommend to | ||||||
3 | the Secretary that the person's license be revoked, suspended, | ||||||
4 | placed on probationary status, or reinstated or such person be | ||||||
5 | subject to other disciplinary action. In such a hearing, the | ||||||
6 | written communication and any other evidence submitted | ||||||
7 | therewith may be introduced as evidence against such person, | ||||||
8 | provided that the person or his or her counsel shall have the | ||||||
9 | opportunity to discredit or impeach and submit evidence | ||||||
10 | rebutting such evidence. | ||||||
11 | Section 20-70. Liability of State. In the event that the | ||||||
12 | Department's order of revocation, suspension, placing the | ||||||
13 | licensee on probationary status, or other order of formal | ||||||
14 | disciplinary action is without any reasonable basis, then the | ||||||
15 | State of Illinois shall be liable to the injured party for | ||||||
16 | those special damages suffered as a direct result of such | ||||||
17 | order. | ||||||
18 | Section 20-75. Right to legal counsel. No action of a | ||||||
19 | disciplinary nature that is predicated on charges alleging | ||||||
20 | unethical or unprofessional conduct of a person who is a | ||||||
21 | registered professional nurse or a licensed practical nurse and | ||||||
22 | that can be reasonably expected to affect adversely that | ||||||
23 | person's maintenance of his or her present or his or her | ||||||
24 | securing of future employment as such a nurse may be taken by |
| |||||||
| |||||||
1 | the Department, by any association, or by any person unless the | ||||||
2 | person against whom such charges are made is afforded the right | ||||||
3 | to be represented by legal counsel of his or her choosing and | ||||||
4 | to present any witness, whether an attorney or otherwise, to | ||||||
5 | testify on matters relevant to such charges. | ||||||
6 | Section 20-80. Injunctive remedies. | ||||||
7 | (a) If any person violates the provision of this Act, the | ||||||
8 | Secretary may, in the name of the People of the State of | ||||||
9 | Illinois, through the Attorney General of the State of | ||||||
10 | Illinois, or the State's Attorney of any county in which the | ||||||
11 | action is brought, petition for an order enjoining such | ||||||
12 | violation or for an order enforcing compliance with this Act. | ||||||
13 | Upon the filing of a verified petition in court, the court may | ||||||
14 | issue a temporary restraining order, without notice or bond, | ||||||
15 | and may preliminarily and permanently enjoin such violation, | ||||||
16 | and if it is established that such person has violated or is | ||||||
17 | violating the injunction, the court may punish the offender for | ||||||
18 | contempt of court. Proceedings under this Section shall be in | ||||||
19 | addition to and not in lieu of all other remedies and penalties | ||||||
20 | provided by this Act. | ||||||
21 | (b) If any person shall practice as a nurse or hold herself | ||||||
22 | or himself out as a nurse without being licensed under the | ||||||
23 | provisions of this Act, then any licensed nurse, any interested | ||||||
24 | party, or any person injured thereby may, in addition to the | ||||||
25 | Secretary, petition for relief as provided in subsection (a) of |
| |||||||
| |||||||
1 | this Section. | ||||||
2 | Whoever knowingly practices or offers to practice nursing | ||||||
3 | in this State without a license for that purpose shall be | ||||||
4 | guilty of a Class A misdemeanor and for each subsequent | ||||||
5 | conviction shall be guilty of a Class 4 felony. All criminal | ||||||
6 | fines, moneys, or other property collected or received by the | ||||||
7 | Department under this Section or any other State or federal | ||||||
8 | statute, including, but not limited to, property forfeited to | ||||||
9 | the Department under Section 505 of the Illinois Controlled | ||||||
10 | Substances Act or Section 85 of the Methamphetamine Control and | ||||||
11 | Community Protection Act, shall be deposited into the | ||||||
12 | Professional Regulation Evidence Fund. | ||||||
13 | (c) Whenever in the opinion of the Department any person | ||||||
14 | violates any provision of this Act, the Department may issue a | ||||||
15 | rule to show cause why an order to cease and desist should not | ||||||
16 | be entered against him or her. The rule shall clearly set forth | ||||||
17 | the grounds relied upon by the Department and shall provide a | ||||||
18 | period of 7 days from the date of the rule to file an answer to | ||||||
19 | the satisfaction of the Department. Failure to answer to the | ||||||
20 | satisfaction of the Department shall cause an order to cease | ||||||
21 | and desist to be issued forthwith. | ||||||
22 | Section 20-85. Investigation; notice; hearing. Prior to | ||||||
23 | bringing an action before the Board, the Department may | ||||||
24 | investigate the actions of any applicant or of any person or | ||||||
25 | persons holding or claiming to hold a license. The Department |
| |||||||
| |||||||
1 | shall, before suspending, revoking, placing on probationary | ||||||
2 | status, or taking any other disciplinary action as the | ||||||
3 | Department may deem proper with regard to any license, at least | ||||||
4 | 30 days prior to the date set for the hearing, notify the | ||||||
5 | accused in writing of any charges made and the time and place | ||||||
6 | for a hearing of the charges before the Board, direct him or | ||||||
7 | her to file a written answer thereto to the Board under oath | ||||||
8 | within 20 days after the service of such notice, and inform the | ||||||
9 | licensee that if she or he fails to file such answer, default | ||||||
10 | will be taken against the licensee and such license may be | ||||||
11 | suspended, revoked, placed on probationary status, or have | ||||||
12 | other disciplinary action, including limiting the scope, | ||||||
13 | nature, or extent of his or her practice, as the Department may | ||||||
14 | deem proper taken with regard thereto. Such written notice may | ||||||
15 | be served by personal delivery or certified or registered mail | ||||||
16 | to the respondent at the address of his or her last | ||||||
17 | notification to the Department. At the time and place fixed in | ||||||
18 | the notice, the Department shall proceed to hear the charges | ||||||
19 | and the parties or their counsel shall be accorded ample | ||||||
20 | opportunity to present such statements, testimony, evidence, | ||||||
21 | and argument as may be pertinent to the charges or to the | ||||||
22 | defense to the charges. The Department may continue a hearing | ||||||
23 | from time to time. In case the accused person, after receiving | ||||||
24 | notice, fails to file an answer, his or her license may in the | ||||||
25 | discretion of the Secretary, having received first the | ||||||
26 | recommendation of the Board, be suspended, revoked, or placed |
| |||||||
| |||||||
1 | on probationary status or the Secretary may take whatever | ||||||
2 | disciplinary action as he or she may deem proper, including | ||||||
3 | limiting the scope, nature, or extent of said person's | ||||||
4 | practice, without a hearing, if the act or acts charged | ||||||
5 | constitute sufficient grounds for such action under this Act. | ||||||
6 | Section 20-90. Stenographer; transcript. The Department, | ||||||
7 | at its expense, shall provide a stenographer to take down the | ||||||
8 | testimony and preserve a record of all proceedings at the | ||||||
9 | hearing of any case wherein any disciplinary action is taken | ||||||
10 | regarding a license. The notice of hearing, complaint, and all | ||||||
11 | other documents in the nature of pleadings and written motions | ||||||
12 | filed in the proceedings, the transcript of testimony, the | ||||||
13 | report of the Board, and the orders of the Department shall be | ||||||
14 | the record of the proceedings. The Department shall furnish a | ||||||
15 | transcript of the record to any person interested in the | ||||||
16 | hearing upon payment of the fee required under Section 2105-115 | ||||||
17 | of the Department of Professional Regulation Law (20 ILCS | ||||||
18 | 2105/2105-115). | ||||||
19 | Section 20-95. Compelled testimony and production of | ||||||
20 | documents. Any circuit court may, upon application of the | ||||||
21 | Department or its designee or of the applicant or licensee | ||||||
22 | against whom proceedings upon Section 20-80 of this Act are | ||||||
23 | pending, enter an order requiring the attendance of witnesses | ||||||
24 | and their testimony and the production of documents, papers, |
| |||||||
| |||||||
1 | files, books, and records in connection with any hearing or | ||||||
2 | investigation. The court may compel obedience to its order by | ||||||
3 | proceedings for contempt. | ||||||
4 | Section 20-100. Subpoena power; oaths. The Department | ||||||
5 | shall have power to subpoena and bring before it any person in | ||||||
6 | this State and to take testimony, either orally or by | ||||||
7 | deposition or both, with the same fees and mileage and in the | ||||||
8 | same manner as prescribed by law in judicial proceedings in | ||||||
9 | civil cases in circuit courts of this State.
The Secretary and | ||||||
10 | any member of the Board designated by the Secretary shall each | ||||||
11 | have the power to administer oaths to witnesses at any hearing | ||||||
12 | that the Department is authorized to conduct under this Act and | ||||||
13 | any other oaths required or authorized to be administered by | ||||||
14 | the Department under this Act.
| ||||||
15 | Section 20-105. Board report. At the conclusion of the | ||||||
16 | hearing the Board shall present to the Secretary a written | ||||||
17 | report of its findings of fact, conclusions of law, and | ||||||
18 | recommendations. The report shall contain a finding whether or | ||||||
19 | not the accused person violated this Act or failed to comply | ||||||
20 | with the conditions required in this Act. The report shall | ||||||
21 | specify the nature of the violation or failure to comply, and | ||||||
22 | the Board shall make its recommendations to the Secretary. | ||||||
23 | The report of findings of fact, conclusions of law, and | ||||||
24 | recommendation of the Board shall be the basis for the |
| |||||||
| |||||||
1 | Department's order of refusal or for the granting of a license | ||||||
2 | or permit unless the Secretary shall determine that the report | ||||||
3 | is contrary to the manifest weight of the evidence, in which | ||||||
4 | case the Secretary may issue an order in contravention of the | ||||||
5 | report. The findings are not admissible in evidence against the | ||||||
6 | person in a criminal prosecution brought for the violation of | ||||||
7 | this Act, but the hearing and findings are not a bar to a | ||||||
8 | criminal prosecution brought for the violation of this Act. | ||||||
9 | Section 20-110. Hearing officer. The Secretary shall have | ||||||
10 | the authority to appoint an attorney duly licensed to practice | ||||||
11 | law in the State of Illinois to serve as the hearing officer in | ||||||
12 | any action before the Board to revoke, suspend, place on | ||||||
13 | probation, reprimand, fine, or take any other disciplinary | ||||||
14 | action with regard to a license. The hearing officer shall have | ||||||
15 | full authority to conduct the hearing. The Board shall have the | ||||||
16 | right to have at least one member present at any hearing | ||||||
17 | conducted by such hearing officer. There may be present at | ||||||
18 | least one RN member of the Board at any such hearing or | ||||||
19 | disciplinary conference. An LPN member or LPN educator may be | ||||||
20 | present for hearings and disciplinary conferences of an LPN. | ||||||
21 | The hearing officer shall report his or her findings and | ||||||
22 | recommendations to the Board within 30 days after the receipt | ||||||
23 | of the record. The Board shall have 90 days from receipt of the | ||||||
24 | report to review the report of the hearing officer and present | ||||||
25 | its findings of fact, conclusions of law, and recommendations |
| |||||||
| |||||||
1 | to the Secretary. If the Board fails to present its report | ||||||
2 | within the 90-day period, the Secretary may issue an order | ||||||
3 | based on the report of the hearing officer. However, if the | ||||||
4 | Board does present its report within the specified 90 days, the | ||||||
5 | Secretary's order shall be based upon the report of the Board. | ||||||
6 | Section 20-115. Motion for rehearing. In any case involving | ||||||
7 | refusal to issue or renew or the discipline of a license, a | ||||||
8 | copy of the Board's report shall be served upon the respondent | ||||||
9 | by the Department, either personally or as provided in this | ||||||
10 | Act, for the service of the notice of hearing. Within 20 days | ||||||
11 | after such service, the respondent may present to the | ||||||
12 | Department a motion in writing for a rehearing, which motion | ||||||
13 | shall specify the particular grounds for a rehearing. If no | ||||||
14 | motion for rehearing is filed, then upon the expiration of the | ||||||
15 | time then upon such denial the Secretary may enter an order in | ||||||
16 | accordance with recommendations of the Board, except as | ||||||
17 | provided in Sections 20-100 and 20-105 of this Act. If the | ||||||
18 | respondent shall order from the reporting service and pay for a | ||||||
19 | transcript of the record within the time for filing a motion | ||||||
20 | for rehearing, the 20-day period within which such a motion may | ||||||
21 | be filed shall commence upon the delivery of the transcript to | ||||||
22 | the respondent. | ||||||
23 | Section 20-120. Order for rehearing. Whenever the | ||||||
24 | Secretary is satisfied that substantial justice has not been |
| |||||||
| |||||||
1 | done in the revocation, suspension, or refusal to issue or | ||||||
2 | renew a license, the Secretary may order a hearing by the same | ||||||
3 | or another hearing officer or the Board. | ||||||
4 | Section 20-125. Order of Secretary. An order regarding any | ||||||
5 | disciplinary action or a certified copy thereof, over the seal | ||||||
6 | of the Department and purporting to be signed by the Secretary, | ||||||
7 | shall be prima facie evidence that: | ||||||
8 | (1) the signature is the genuine signature of the | ||||||
9 | Secretary; | ||||||
10 | (2) the Secretary is duly appointed; and | ||||||
11 | (3) the Board and the Board members are to act. | ||||||
12 | Section 20-130. Restoration after suspension or | ||||||
13 | revocation. At any time after the suspension or revocation of | ||||||
14 | any license, the Department may restore it to the accused | ||||||
15 | person unless, after an investigation and a hearing, the | ||||||
16 | Department determines that restoration is not in the public | ||||||
17 | interest. | ||||||
18 | Section 20-135. Surrender of license. Upon revocation or | ||||||
19 | suspension of any license, the licensee shall forthwith | ||||||
20 | surrender the license to the Department, and if the licensee | ||||||
21 | fails to do so, the Department shall have the right to seize | ||||||
22 | the license. |
| |||||||
| |||||||
1 | Section 20-140. Temporary suspension. The Secretary may | ||||||
2 | temporarily suspend the license of a nurse without a hearing, | ||||||
3 | simultaneously with the institution of proceedings for a | ||||||
4 | hearing provided for in Section 20-80 of this Act, if the | ||||||
5 | Secretary finds that evidence in his or her possession | ||||||
6 | indicates that continuation in practice would constitute an | ||||||
7 | imminent danger to the public. In the event that the Secretary | ||||||
8 | suspends, temporarily, this license without a hearing, a | ||||||
9 | hearing by the Department must be held within 30 days after the | ||||||
10 | suspension has occurred, and be concluded without appreciable | ||||||
11 | delay. | ||||||
12 | Proceedings for judicial review shall be commenced in the | ||||||
13 | circuit court of the county in which the party applying for | ||||||
14 | review resides, but if the party is not a resident of this | ||||||
15 | State, the venue shall be in Sangamon County. | ||||||
16 | Section 20-145. Administrative Review Law. All final | ||||||
17 | administrative decisions of the Department hereunder shall be | ||||||
18 | subject to judicial review pursuant to the provisions of the | ||||||
19 | Administrative Review Law and the rules adopted pursuant | ||||||
20 | thereto. The term "administrative decision" is defined as in | ||||||
21 | Section 3-101 of the Code of Civil Procedure. | ||||||
22 | Section 20-150. Certification of record. The Department | ||||||
23 | shall not be required to certify any record to the court or | ||||||
24 | file any answer in court or otherwise appear in any court in a |
| |||||||
| |||||||
1 | judicial review proceeding, unless there is filed in the court, | ||||||
2 | with the complaint, a receipt from the Department acknowledging | ||||||
3 | payment of the costs of furnishing and certifying the record. | ||||||
4 | Failure on the part of the plaintiff to file such receipt in | ||||||
5 | court shall be grounds for dismissal of the action. | ||||||
6 | Section 20-155. Criminal penalties. Except as otherwise | ||||||
7 | provided in this Act, any person who is found to have violated | ||||||
8 | any provision of this Act is guilty of a Class A misdemeanor. | ||||||
9 | On conviction of a second or subsequent offense, the violator | ||||||
10 | shall be guilty of a Class 4 felony. | ||||||
11 | Section 20-160. Pending actions. All disciplinary actions | ||||||
12 | taken or pending pursuant to the Nursing and Advanced Practice | ||||||
13 | Nursing Act shall, for the actions taken, remain in effect and, | ||||||
14 | for the actions pending, shall be continued on the effective | ||||||
15 | date of this Act without having separate actions filed by the | ||||||
16 | Department. | ||||||
17 | Section 20-165. Illinois Administrative Procedure Act. The | ||||||
18 | Illinois Administrative Procedure Act is hereby expressly | ||||||
19 | adopted and incorporated herein as if all of the provisions of | ||||||
20 | that Act were included in this Act, except that the provision | ||||||
21 | of subsection (d) of Section 10-65 of the Illinois | ||||||
22 | Administrative Procedure Act that provides that at hearings the | ||||||
23 | licensee has the right to show compliance with all lawful |
| |||||||
| |||||||
1 | requirements for retention, continuation, or renewal of the | ||||||
2 | license is specifically excluded. For the purposes of this Act, | ||||||
3 | the notice required under Section 10-25 of the Illinois | ||||||
4 | Administrative Procedure Act is deemed sufficient when mailed | ||||||
5 | to the last known address of a party. | ||||||
6 | Section 20-170. Home rule preemption. It is declared to be | ||||||
7 | the public policy of this State, pursuant to paragraph (h) of | ||||||
8 | Section 6 of Article VII of the Illinois Constitution of 1970, | ||||||
9 | that any power or function set forth in this Act to be | ||||||
10 | exercised by the State is an exclusive State power or function. | ||||||
11 | Such power or function shall not be exercised concurrently, | ||||||
12 | either directly or indirectly, by any unit of local government, | ||||||
13 | including home rule units, except as otherwise provided in this | ||||||
14 | Act. | ||||||
15 | ARTICLE 25. TRANSITION PROVISIONS | ||||||
16 | Section 25-5. Savings provisions. | ||||||
17 | (a) This Act is intended to replace the Nursing and | ||||||
18 | Advanced Practice Nursing Act in all respects.
| ||||||
19 | (b) Beginning on the effective date of this Act, the | ||||||
20 | rights, powers, and duties exercised by the Department of | ||||||
21 | Financial and Professional Regulation under the Nursing and | ||||||
22 | Advanced Practice Nursing Act shall continue to be vested in, | ||||||
23 | to be the obligation of, and to be exercised by the Department |
| |||||||
| |||||||
1 | of Financial and Professional Regulation under the provisions | ||||||
2 | of this Act.
| ||||||
3 | (c) This Act does not affect any act done, ratified, or | ||||||
4 | cancelled, any right occurring or established, or any action or | ||||||
5 | proceeding commenced in an administrative, civil, or criminal | ||||||
6 | cause before the effective date of this Act by the Department | ||||||
7 | of Financial and Professional Regulation under the Nursing and | ||||||
8 | Advanced Practice Nursing Act. Those actions or proceedings may | ||||||
9 | be prosecuted and continued by the Department of Financial and | ||||||
10 | Professional Regulation under this Act.
| ||||||
11 | (d) This Act does not affect any license, permit, or other | ||||||
12 | form of licensure issued by the Department of Financial and | ||||||
13 | Professional Regulation under the Nursing and Advanced | ||||||
14 | Practice Nursing Act, except as otherwise provided in this Act. | ||||||
15 | All such licenses, permits, or other form of licensure shall | ||||||
16 | continue to be valid under the terms and conditions of this | ||||||
17 | Act.
| ||||||
18 | (e) The rules adopted by the Department of Financial and | ||||||
19 | Professional Regulation relating to the Nursing and Advanced | ||||||
20 | Practice Nursing Act, unless inconsistent with the provisions | ||||||
21 | of this Act, are not affected by this Act, and on the effective | ||||||
22 | date of this Act, those rules become rules under this Act. The | ||||||
23 | Department of Financial and Professional Regulation shall, as | ||||||
24 | soon as practicable, adopt new or amended rules consistent with | ||||||
25 | the provisions of this Act.
| ||||||
26 | (f) This Act does not affect any discipline, suspension, or |
| |||||||
| |||||||
1 | termination that has occurred under the Nursing and Advanced | ||||||
2 | Practice Nursing Act or other predecessor Act. Any action for | ||||||
3 | discipline, suspension, or termination instituted under the | ||||||
4 | Nursing and Advanced Practice Nursing Act shall be continued | ||||||
5 | under this Act.
| ||||||
6 | Section 25-10. Nursing Dedicated and Professional Fund. | ||||||
7 | (a) The Nursing Dedicated and Professional Fund, created | ||||||
8 | under the Nursing and Advanced Practice Nursing Act, is | ||||||
9 | continued under this Act. | ||||||
10 | (b) Appropriations to the Department of Financial and | ||||||
11 | Professional Regulation from the Nursing Dedicated and | ||||||
12 | Professional Fund for the purpose of administering the Nursing | ||||||
13 | and Advanced Practice Nursing Act may be used by the Department | ||||||
14 | of Financial and Professional Regulation for the purpose of | ||||||
15 | administering and enforcing the provisions of this Act. | ||||||
16 | ARTICLE 90. AMENDATORY PROVISIONS | ||||||
17 | Section 90-90. The Regulatory Sunset Act is amended by | ||||||
18 | changing Section 4.18 and by adding Section 4.28 as follows:
| ||||||
19 | (5 ILCS 80/4.18)
| ||||||
20 | Sec. 4.18. Acts repealed January 1, 2008 and December 31, | ||||||
21 | 2008.
| ||||||
22 | (a) The following Acts
are repealed on January 1, 2008:
|
| |||||||
| |||||||
1 | The Acupuncture Practice Act.
| ||||||
2 | The Clinical Social Work and Social Work Practice Act.
| ||||||
3 | The Home Medical Equipment and Services Provider | ||||||
4 | License Act.
| ||||||
5 | The Nursing and Advanced Practice Nursing Act.
| ||||||
6 | The Illinois Speech-Language Pathology and Audiology | ||||||
7 | Practice Act.
| ||||||
8 | The Marriage and Family Therapy Licensing Act.
| ||||||
9 | The Nursing Home Administrators Licensing and | ||||||
10 | Disciplinary Act.
| ||||||
11 | The Pharmacy Practice Act of 1987.
| ||||||
12 | The Physician Assistant Practice Act of 1987.
| ||||||
13 | The Podiatric Medical Practice Act of 1987.
| ||||||
14 | The Structural Pest Control Act.
| ||||||
15 | (b) The following Acts are repealed on December 31, 2008: | ||||||
16 | The Medical Practice Act of 1987. | ||||||
17 | The Environmental Health Practitioner Licensing Act.
| ||||||
18 | (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; | ||||||
19 | 94-1085, eff. 1-19-07; revised 1-22-07.)
| ||||||
20 | (5 ILCS 80/4.28 new) | ||||||
21 | Sec. 4.28. Act repealed on January 1, 2018. The following | ||||||
22 | Act is repealed on January 1, 2018: | ||||||
23 | The Nurse Practice Act. | ||||||
24 | Section 90-95. The Mental Health and Developmental |
| |||||||
| |||||||
1 | Disabilities Administrative Act is amended by changing Section | ||||||
2 | 56 as follows:
| ||||||
3 | (20 ILCS 1705/56) (from Ch. 91 1/2, par. 100-56)
| ||||||
4 | Sec. 56. The Secretary, upon making a determination based
| ||||||
5 | upon information in the possession of the Department, that
| ||||||
6 | continuation in practice of a licensed health care professional | ||||||
7 | would
constitute an immediate danger to the public, shall | ||||||
8 | submit a written
communication to the Director of Professional | ||||||
9 | Regulation indicating such
determination and additionally | ||||||
10 | providing a complete summary of the
information upon which such | ||||||
11 | determination is based, and recommending that
the Director of | ||||||
12 | Professional Regulation immediately suspend such person's
| ||||||
13 | license. All relevant evidence, or copies thereof, in the | ||||||
14 | Department's
possession may also be submitted in conjunction | ||||||
15 | with the written
communication. A copy of such written | ||||||
16 | communication, which is exempt from
the copying and inspection | ||||||
17 | provisions of the Freedom of Information Act,
shall at the time | ||||||
18 | of submittal to the Director of Professional Regulation
be | ||||||
19 | simultaneously mailed to the last known business address of | ||||||
20 | such
licensed health care professional by certified or | ||||||
21 | registered postage,
United States Mail, return receipt | ||||||
22 | requested. Any evidence, or copies
thereof, which is submitted | ||||||
23 | in conjunction with the written communication
is also exempt | ||||||
24 | from the copying and inspection provisions of the Freedom of
| ||||||
25 | Information Act.
|
| |||||||
| |||||||
1 | For the purposes of this Section, "licensed health care | ||||||
2 | professional"
means any person licensed under the Illinois | ||||||
3 | Dental Practice Act, the Nurse Practice Act
Nursing
and | ||||||
4 | Advanced Practice Nursing Act , the Medical Practice Act of | ||||||
5 | 1987, the
Pharmacy Practice Act of 1987, the Podiatric Medical | ||||||
6 | Practice Act of
1987, and the Illinois Optometric Practice Act | ||||||
7 | of 1987.
| ||||||
8 | (Source: P.A. 89-507, eff. 7-1-97; 90-742, eff. 8-13-98.)
| ||||||
9 | Section 90-100. The Department of Public Health Powers and | ||||||
10 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
11 | amended by changing Sections 2310-140 and 2310-210 as follows:
| ||||||
12 | (20 ILCS 2310/2310-140) (was 20 ILCS 2310/55.37a)
| ||||||
13 | Sec. 2310-140. Recommending suspension of licensed health | ||||||
14 | care
professional. The Director, upon making a
determination | ||||||
15 | based upon information in the possession of the Department
that | ||||||
16 | continuation in practice of a licensed health care professional | ||||||
17 | would
constitute an immediate danger to the public, shall | ||||||
18 | submit a written
communication to the Director of
Professional | ||||||
19 | Regulation indicating that determination and
additionally
(i) | ||||||
20 | providing a complete summary of the information upon which the
| ||||||
21 | determination is based and (ii) recommending that the Director | ||||||
22 | of
Professional
Regulation immediately suspend the person's | ||||||
23 | license. All relevant
evidence, or copies thereof, in the | ||||||
24 | Department's possession may also be
submitted in conjunction |
| |||||||
| |||||||
1 | with the written communication. A copy of the
written | ||||||
2 | communication, which is exempt from the copying and inspection
| ||||||
3 | provisions of the Freedom of Information Act, shall at the time | ||||||
4 | of
submittal to the Director of
Professional Regulation be | ||||||
5 | simultaneously mailed to the last known
business address of the | ||||||
6 | licensed health care professional by
certified or
registered | ||||||
7 | postage, United States Mail, return receipt requested. Any
| ||||||
8 | evidence, or copies thereof, that is submitted in conjunction
| ||||||
9 | with the
written communication is also exempt from the copying | ||||||
10 | and
inspection
provisions of the Freedom of Information Act.
| ||||||
11 | For the purposes of this Section, "licensed health care | ||||||
12 | professional"
means any person licensed under the Illinois | ||||||
13 | Dental Practice Act, the Nurse Practice Act
Nursing
and | ||||||
14 | Advanced Practice Nursing Act , the Medical Practice Act of | ||||||
15 | 1987, the
Pharmacy Practice Act of 1987, the Podiatric Medical | ||||||
16 | Practice Act of
1987, or the Illinois Optometric Practice Act | ||||||
17 | of 1987.
| ||||||
18 | (Source: P.A. 90-742, eff. 8-13-98; 91-239, eff. 1-1-00.)
| ||||||
19 | (20 ILCS 2310/2310-210) (was 20 ILCS 2310/55.62a)
| ||||||
20 | Sec. 2310-210. Advisory Panel on Minority Health.
| ||||||
21 | (a) In this Section:
| ||||||
22 | "Health profession" means any health profession regulated | ||||||
23 | under the laws of
this State, including, without limitation, | ||||||
24 | professions regulated under the
Illinois Athletic Trainers | ||||||
25 | Practice Act, the Clinical Psychologist Licensing
Act, the |
| |||||||
| |||||||
1 | Clinical Social Work and Social Work Practice Act, the Illinois | ||||||
2 | Dental
Practice Act, the Dietetic and Nutrition Services | ||||||
3 | Practice Act, the Marriage
and Family Therapy Licensing Act, | ||||||
4 | the Medical Practice Act of 1987, the
Naprapathic Practice Act, | ||||||
5 | the Nurse Practice Act
Nursing and Advanced Practice Nursing | ||||||
6 | Act , the
Illinois
Occupational Therapy Practice Act, the | ||||||
7 | Illinois Optometric Practice Act of
1987, the Illinois
Physical | ||||||
8 | Therapy Act, the Physician Assistant Practice Act of 1987, the
| ||||||
9 | Podiatric Medical Practice Act of
1987, the Professional | ||||||
10 | Counselor and Clinical Professional Counselor Licensing
Act, | ||||||
11 | and the Illinois Speech-Language Pathology and Audiology | ||||||
12 | Practice Act.
| ||||||
13 | "Minority" has the same meaning as in Section 2310-215.
| ||||||
14 | (b) The General Assembly finds as follows:
| ||||||
15 | (1) The health status of individuals from ethnic and | ||||||
16 | racial minorities in
this State is significantly lower than | ||||||
17 | the health status of the general
population of the State.
| ||||||
18 | (2) Minorities suffer disproportionately high rates of | ||||||
19 | cancer, stroke,
heart disease, diabetes, sickle-cell | ||||||
20 | anemia, lupus, substance abuse, acquired
immune deficiency | ||||||
21 | syndrome, other diseases and disorders, unintentional
| ||||||
22 | injuries, and suicide.
| ||||||
23 | (3) The incidence of infant mortality among minorities | ||||||
24 | is almost double
that for the general population.
| ||||||
25 | (4) Minorities suffer disproportionately from lack of | ||||||
26 | access to health
care and poor living conditions.
|
| |||||||
| |||||||
1 | (5) Minorities are under-represented in the health | ||||||
2 | care professions.
| ||||||
3 | (6) Minority participation in the procurement policies | ||||||
4 | of the health care
industry is lacking.
| ||||||
5 | (7) Minority health professionals historically have | ||||||
6 | tended to practice in
low-income areas and to serve | ||||||
7 | minorities.
| ||||||
8 | (8) National experts on minority health report that | ||||||
9 | access to health care
among minorities can be substantially | ||||||
10 | improved by increasing the number of
minority health | ||||||
11 | professionals.
| ||||||
12 | (9) Increasing the number of minorities serving on the | ||||||
13 | facilities of
health professional schools is an important | ||||||
14 | factor in attracting minorities to
pursue a career in | ||||||
15 | health professions.
| ||||||
16 | (10) Retaining minority health professionals currently | ||||||
17 | practicing in this
State and those receiving training and | ||||||
18 | education in this State is an important
factor in | ||||||
19 | maintaining and increasing the number of minority health
| ||||||
20 | professionals in Illinois.
| ||||||
21 | (11) An Advisory Panel on Minority Health is necessary | ||||||
22 | to address the
health issues affecting minorities in this | ||||||
23 | State.
| ||||||
24 | (c) The General Assembly's intent is as follows:
| ||||||
25 | (1) That all Illinoisans have access to health care.
| ||||||
26 | (2) That the gap between the health status of |
| |||||||
| |||||||
1 | minorities and other
Illinoisans
be closed.
| ||||||
2 | (3) That the health issues that disproportionately | ||||||
3 | affect minorities be
addressed to improve the health status | ||||||
4 | of minorities.
| ||||||
5 | (4) That the number of minorities in the health | ||||||
6 | professions be increased.
| ||||||
7 | (d) The Advisory Panel on Minority Health is created. The | ||||||
8 | Advisory Panel
shall consist of 25 members appointed by the | ||||||
9 | Director of Public Health. The
members shall represent health | ||||||
10 | professions and the General Assembly.
| ||||||
11 | (e) The Advisory Panel shall assist the Department in the | ||||||
12 | following manner:
| ||||||
13 | (1) Examination of the following areas as they relate | ||||||
14 | to minority health:
| ||||||
15 | (A) Access to health care.
| ||||||
16 | (B) Demographic factors.
| ||||||
17 | (C) Environmental factors.
| ||||||
18 | (D) Financing of health care.
| ||||||
19 | (E) Health behavior.
| ||||||
20 | (F) Health knowledge.
| ||||||
21 | (G) Utilization of quality care.
| ||||||
22 | (H) Minorities in health care professions.
| ||||||
23 | (2) Development of monitoring, tracking, and reporting | ||||||
24 | mechanisms for
programs
and services with minority health | ||||||
25 | goals and objectives.
| ||||||
26 | (3) Communication with local health departments, |
| |||||||
| |||||||
1 | community-based
organizations,
voluntary health | ||||||
2 | organizations, and other public and private organizations
| ||||||
3 | statewide, on an ongoing basis, to learn more about their | ||||||
4 | services to
minority communities, the health problems of | ||||||
5 | minority communities, and their
ideas for improving | ||||||
6 | minority health.
| ||||||
7 | (4) Promotion of communication among all State | ||||||
8 | agencies that provide
services
to minority populations.
| ||||||
9 | (5) Building coalitions between the State and | ||||||
10 | leadership in minority
communities.
| ||||||
11 | (6) Encouragement of recruitment and retention of | ||||||
12 | minority health
professionals.
| ||||||
13 | (7) Improvement in methods for collecting and | ||||||
14 | reporting data on minority
health.
| ||||||
15 | (8) Improvement in accessibility to health and medical | ||||||
16 | care for minority
populations in under-served rural and | ||||||
17 | urban areas.
| ||||||
18 | (9) Reduction of communication barriers for | ||||||
19 | non-English speaking
residents.
| ||||||
20 | (10) Coordination of the development and dissemination | ||||||
21 | of culturally
appropriate
and sensitive education | ||||||
22 | material, public awareness messages, and health
promotion | ||||||
23 | programs for minorities.
| ||||||
24 | (f) On or before January 1, 1997 the Advisory Panel shall | ||||||
25 | submit an
interim report to the Governor and the General | ||||||
26 | Assembly. The interim report
shall include an update on the |
| |||||||
| |||||||
1 | Advisory Panel's progress in performing its
functions under | ||||||
2 | this Section and shall include
recommendations, including | ||||||
3 | recommendations for any necessary legislative
changes.
| ||||||
4 | On or before January 1, 1998 the Advisory Panel shall | ||||||
5 | submit a final report
to the Governor and the General Assembly. | ||||||
6 | The final report shall include the
following:
| ||||||
7 | (1) An evaluation of the health status of minorities in | ||||||
8 | this State.
| ||||||
9 | (2) An evaluation of minority access to health care in | ||||||
10 | this State.
| ||||||
11 | (3) Recommendations for improving the health status of | ||||||
12 | minorities in this
State.
| ||||||
13 | (4) Recommendations for increasing minority access to | ||||||
14 | health care in this
State.
| ||||||
15 | (5) Recommendations for increasing minority | ||||||
16 | participation in the
procurement policies of the health | ||||||
17 | care industry.
| ||||||
18 | (6) Recommendations for increasing the number of | ||||||
19 | minority health
professionals in this State.
| ||||||
20 | (7) Recommendations that will ensure that the health | ||||||
21 | status of minorities
in this State continues to be | ||||||
22 | addressed beyond the expiration of the Advisory
Panel.
| ||||||
23 | (Source: P.A. 90-742, eff. 8-13-98; 91-239, eff. 1-1-00.)
| ||||||
24 | Section 90-105. The Department of Veterans Affairs Act is | ||||||
25 | amended by changing Section 2.07 as follows:
|
| |||||||
| |||||||
1 | (20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07)
| ||||||
2 | Sec. 2.07. The Department shall employ and maintain | ||||||
3 | sufficient and
qualified staff at the veterans' homes to
| ||||||
4 | fulfill the requirements of this Act. The Department shall | ||||||
5 | report to
the General Assembly, by January 1 and July 1 of each | ||||||
6 | year, the number of
staff employed in providing direct patient | ||||||
7 | care at their veterans' homes,
the compliance or noncompliance | ||||||
8 | with staffing standards established by the
United States | ||||||
9 | Department of Veterans Affairs for
such care, and in the event | ||||||
10 | of
noncompliance with such standards, the number of staff | ||||||
11 | required for compliance. For purposes of this Section, a nurse | ||||||
12 | who has a license application pending with the State shall not | ||||||
13 | be deemed unqualified by the Department if the nurse is in | ||||||
14 | compliance with 225 ILCS 65/5-15(g) or 225 ILCS
5-15(i) of the
| ||||||
15 | item (7) or (8) of subsection (b) of Section 5-15 of the Nurse | ||||||
16 | Practice Act
Nursing and Advanced Practice Nursing Act .
| ||||||
17 | All contracts between the State and outside contractors to | ||||||
18 | provide workers
to
staff and service
the Anna
Veterans Home | ||||||
19 | shall be canceled in accordance with the terms of those
| ||||||
20 | contracts. Upon
cancellation, each
worker or staff member shall | ||||||
21 | be offered certified employment status under the
Illinois
| ||||||
22 | Personnel Code with the State of Illinois.
To the extent it is | ||||||
23 | reasonably practicable, the position offered to each person
| ||||||
24 | shall be at the
same facility and
shall
consist of the same | ||||||
25 | duties and hours as previously existed under the
canceled
|
| |||||||
| |||||||
1 | contract or contracts.
| ||||||
2 | (Source: P.A. 93-597, eff. 8-26-03; 94-703, eff. 6-1-06; | ||||||
3 | revised 9-15-06.)
| ||||||
4 | Section 90-110. The Geriatric Medicine Assistance Act is | ||||||
5 | amended by changing Section 2 as follows:
| ||||||
6 | (20 ILCS 3945/2) (from Ch. 144, par. 2002)
| ||||||
7 | Sec. 2. There is created the Geriatric Medicine Assistance | ||||||
8 | Commission. The Commission shall receive and approve | ||||||
9 | applications for grants from schools,
recognized by the | ||||||
10 | Department of Professional Regulation as being authorized
to | ||||||
11 | confer doctor of medicine, doctor of osteopathy, doctor of | ||||||
12 | chiropractic
or registered professional nursing degrees in the | ||||||
13 | State, to help finance
the establishment of geriatric medicine | ||||||
14 | programs within such schools. In
determining eligibility for | ||||||
15 | grants, the Commission shall give preference to
those programs | ||||||
16 | which exhibit the greatest potential for directly benefiting
| ||||||
17 | the largest number of elderly citizens in the State. The | ||||||
18 | Commission may not
approve the application of any institution | ||||||
19 | which is unable to demonstrate
its current financial stability | ||||||
20 | and reasonable prospects for future
stability. No institution | ||||||
21 | which fails to possess and maintain an open
policy with respect | ||||||
22 | to race, creed, color and sex as to admission of
students, | ||||||
23 | appointment of faculty and employment of staff shall be | ||||||
24 | eligible
for grants under this Act. The Commission shall |
| |||||||
| |||||||
1 | establish such rules and
standards as it deems necessary for | ||||||
2 | the implementation of this Act.
| ||||||
3 | The Commission shall be composed of 8 members selected as | ||||||
4 | follows: 2
physicians licensed to practice under the Medical | ||||||
5 | Practice Act of 1987
and specializing in geriatric medicine; a | ||||||
6 | registered professional nurse
licensed under the Nurse | ||||||
7 | Practice Act
Nursing and Advanced Practice Nursing Act and | ||||||
8 | specializing in
geriatric health care; 2 representatives of | ||||||
9 | organizations
interested in geriatric
medicine or the care of | ||||||
10 | the elderly; and 3 individuals 60 or older who are
interested | ||||||
11 | in geriatric health care or the care of the
elderly. The | ||||||
12 | members of
the Commission shall be selected by the Governor | ||||||
13 | from a list
of recommendations submitted to him by | ||||||
14 | organizations concerned with geriatric
medicine or the care of | ||||||
15 | the elderly.
| ||||||
16 | The terms of the members of the Commission shall be 4 | ||||||
17 | years, except that
of the members initially appointed, 2 shall | ||||||
18 | be designated to serve until
January 1, 1986, 3 until January | ||||||
19 | 1, 1988, and 2 until January 1, 1990.
Members of the Commission | ||||||
20 | shall receive no compensation, but shall be
reimbursed for | ||||||
21 | actual expenses incurred in carrying out their duties.
| ||||||
22 | (Source: P.A. 90-742, eff. 8-13-98.)
| ||||||
23 | Section 90-115. The State Finance Act is amended by | ||||||
24 | changing Section 8h as follows: |
| |||||||
| |||||||
1 | (30 ILCS 105/8h)
| ||||||
2 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
3 | (a) Except as otherwise provided in this Section and | ||||||
4 | Section 8n of this Act, and (c), (d), or (e),
notwithstanding | ||||||
5 | any other
State law to the contrary, the Governor
may, through | ||||||
6 | June 30, 2007, from time to time direct the State Treasurer and | ||||||
7 | Comptroller to transfer
a specified sum from any fund held by | ||||||
8 | the State Treasurer to the General
Revenue Fund in order to | ||||||
9 | help defray the State's operating costs for the
fiscal year. | ||||||
10 | The total transfer under this Section from any fund in any
| ||||||
11 | fiscal year shall not exceed the lesser of (i) 8% of the | ||||||
12 | revenues to be deposited
into the fund during that fiscal year | ||||||
13 | or (ii) an amount that leaves a remaining fund balance of 25% | ||||||
14 | of the July 1 fund balance of that fiscal year. In fiscal year | ||||||
15 | 2005 only, prior to calculating the July 1, 2004 final | ||||||
16 | balances, the Governor may calculate and direct the State | ||||||
17 | Treasurer with the Comptroller to transfer additional amounts | ||||||
18 | determined by applying the formula authorized in Public Act | ||||||
19 | 93-839 to the funds balances on July 1, 2003.
No transfer may | ||||||
20 | be made from a fund under this Section that would have the
| ||||||
21 | effect of reducing the available balance in the fund to an | ||||||
22 | amount less than
the amount remaining unexpended and unreserved | ||||||
23 | from the total appropriation
from that fund estimated to be | ||||||
24 | expended for that fiscal year. This Section does not apply to | ||||||
25 | any
funds that are restricted by federal law to a specific use, | ||||||
26 | to any funds in
the Motor Fuel Tax Fund, the Intercity |
| |||||||
| |||||||
1 | Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | ||||||
2 | Provider Relief Fund, the Teacher Health Insurance Security | ||||||
3 | Fund, the Reviewing Court Alternative Dispute Resolution Fund, | ||||||
4 | the Voters' Guide Fund, the Foreign Language Interpreter Fund, | ||||||
5 | the Lawyers' Assistance Program Fund, the Supreme Court Federal | ||||||
6 | Projects Fund, the Supreme Court Special State Projects Fund, | ||||||
7 | the Supplemental Low-Income Energy Assistance Fund, the Good | ||||||
8 | Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | ||||||
9 | Facility Development and Operation Fund, the Horse Racing | ||||||
10 | Equity Trust Fund, or the Hospital Basic Services Preservation | ||||||
11 | Fund, or to any
funds to which subsection (c) of Section 20-55 | ||||||
12 | of the Nurse Practice Act
subsection (f) of Section 20-40 of | ||||||
13 | the Nursing and Advanced Practice Nursing Act applies. No | ||||||
14 | transfers may be made under this Section from the Pet | ||||||
15 | Population Control Fund. Notwithstanding any
other provision | ||||||
16 | of this Section, for fiscal year 2004,
the total transfer under | ||||||
17 | this Section from the Road Fund or the State
Construction | ||||||
18 | Account Fund shall not exceed the lesser of (i) 5% of the | ||||||
19 | revenues to be deposited
into the fund during that fiscal year | ||||||
20 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
21 | year 2005 through fiscal year 2007, no amounts may be | ||||||
22 | transferred under this Section from the Road Fund, the State | ||||||
23 | Construction Account Fund, the Criminal Justice Information | ||||||
24 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
25 | Mandatory Arbitration Fund.
| ||||||
26 | In determining the available balance in a fund, the |
| |||||||
| |||||||
1 | Governor
may include receipts, transfers into the fund, and | ||||||
2 | other
resources anticipated to be available in the fund in that | ||||||
3 | fiscal year.
| ||||||
4 | The State Treasurer and Comptroller shall transfer the | ||||||
5 | amounts designated
under this Section as soon as may be | ||||||
6 | practicable after receiving the direction
to transfer from the | ||||||
7 | Governor.
| ||||||
8 | (a-5) Transfers directed to be made under this Section on | ||||||
9 | or before February 28, 2006 that are still pending on May 19, | ||||||
10 | 2006 ( the effective date of Public Act 94-774)
this amendatory | ||||||
11 | Act of the 94th General Assembly shall be redirected as | ||||||
12 | provided in Section 8n of this Act.
| ||||||
13 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
14 | Cure Fund; (ii) any fund established under the Community Senior | ||||||
15 | Services and Resources Act; or (iii) on or after January 1, | ||||||
16 | 2006 (the effective date of Public Act 94-511), the Child Labor | ||||||
17 | and Day and Temporary Labor Enforcement Fund. | ||||||
18 | (c) This Section does not apply to the Demutualization | ||||||
19 | Trust Fund established under the Uniform Disposition of | ||||||
20 | Unclaimed Property Act.
| ||||||
21 | (d) This Section does not apply to moneys set aside in the | ||||||
22 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
23 | scholarships and residency programs under the Podiatric | ||||||
24 | Scholarship and Residency Act. | ||||||
25 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
26 | be made under this Section from, the Pension Stabilization |
| |||||||
| |||||||
1 | Fund.
| ||||||
2 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | ||||||
3 | eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | ||||||
4 | 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | ||||||
5 | 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | ||||||
6 | 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | ||||||
7 | eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | ||||||
8 | 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | ||||||
9 | 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | ||||||
10 | eff. 6-6-06; revised 6-19-06.)
| ||||||
11 | Section 90-120. The Baccalaureate Assistance Law for | ||||||
12 | Registered Nurses is amended by changing Section 3 as follows:
| ||||||
13 | (110 ILCS 915/3) (from Ch. 144, par. 1403)
| ||||||
14 | Sec. 3. Definitions. The following terms, whenever used or | ||||||
15 | referred to,
have the following meanings except where the | ||||||
16 | context clearly indicates
otherwise:
| ||||||
17 | (a) "Board" means the Board of Higher Education created by | ||||||
18 | "An Act
creating a
Board of Higher Education, defining its | ||||||
19 | powers and duties, making an
appropriation therefor, and | ||||||
20 | repealing an Act therein named", approved
August 22, 1961, as | ||||||
21 | now or hereafter amended.
| ||||||
22 | (b) "Department" means the Illinois Department of Public | ||||||
23 | Health.
| ||||||
24 | (c) "Approved institution" means a college or university |
| |||||||
| |||||||
1 | located in
this
State which has National League for Nursing | ||||||
2 | accreditation for the
baccalaureate degree program in nursing.
| ||||||
3 | (d) "Enrollment" means the establishment and maintenance | ||||||
4 | of an
individual's
status as a student in an approved | ||||||
5 | institution, regardless of the terms
used at the institution to | ||||||
6 | describe such status.
| ||||||
7 | (e) "Academic year" means the period of time from September | ||||||
8 | 1 of
one year
through August 31 of the next year.
| ||||||
9 | (f) "Registered Nurse" or "professional nurse" means a | ||||||
10 | nurse
holding a valid
existing license in good standing as a | ||||||
11 | registered professional nurse issued
by the Department of | ||||||
12 | Professional Regulation under the Nurse Practice Act
Nursing | ||||||
13 | and Advanced Practice Nursing Act .
| ||||||
14 | (g) "Regions" means the official and uniform state planning | ||||||
15 | and
administrative regions established by the Governor by | ||||||
16 | Executive Order No.
7, dated June 22, 1971, as amended.
| ||||||
17 | (h) "Director" means the Director of the Illinois | ||||||
18 | Department of
Public Health.
| ||||||
19 | (Source: P.A. 90-742, eff. 8-13-98.)
| ||||||
20 | Section 90-125. The Nurse Educator Assistance Act is | ||||||
21 | amended by changing Section 5-15 as follows: | ||||||
22 | (110 ILCS 967/5-15)
| ||||||
23 | Sec. 5-15. Definitions. In this Act: | ||||||
24 | "Approved program of professional nursing education" and |
| |||||||
| |||||||
1 | "approved program of practical nursing education" mean | ||||||
2 | programs of professional or practical nursing, respectively, | ||||||
3 | approved by the Department of Financial and Professional | ||||||
4 | Regulation under the provisions of the Nurse Practice Act
| ||||||
5 | Nursing and Advanced Practice Nursing Act . | ||||||
6 | "Commission" means the Illinois Student Assistance | ||||||
7 | Commission.
| ||||||
8 | (Source: P.A. 94-1020, eff. 7-11-06.)
| ||||||
9 | Section 90-130. The Nursing Education Scholarship Law is | ||||||
10 | amended by changing Section 3 as follows:
| ||||||
11 | (110 ILCS 975/3) (from Ch. 144, par. 2753)
| ||||||
12 | Sec. 3. Definitions.
| ||||||
13 | The following terms, whenever used or referred to, have the | ||||||
14 | following
meanings except where the context clearly indicates | ||||||
15 | otherwise:
| ||||||
16 | (1) "Board" means the Board of Higher Education created by | ||||||
17 | the Board
of Higher Education Act.
| ||||||
18 | (2) "Department" means the Illinois Department of Public | ||||||
19 | Health.
| ||||||
20 | (3) "Approved institution" means a public community | ||||||
21 | college, private
junior college, hospital-based diploma in | ||||||
22 | nursing
program, or public or private
college or university | ||||||
23 | located in this State that has approval by the Department of | ||||||
24 | Professional
Regulation for an associate degree in nursing
|
| |||||||
| |||||||
1 | program,
associate degree in applied
sciences in nursing | ||||||
2 | program, hospital-based diploma in nursing
program,
| ||||||
3 | baccalaureate degree in nursing program, graduate degree in | ||||||
4 | nursing program, or
certificate in practical
nursing program.
| ||||||
5 | (4) "Baccalaureate degree in nursing program" means a | ||||||
6 | program offered by
an
approved institution and leading to a | ||||||
7 | bachelor of science degree in nursing.
| ||||||
8 | (5) "Enrollment" means the establishment and maintenance | ||||||
9 | of an
individual's status as a student in an approved | ||||||
10 | institution, regardless of
the terms used at the institution to | ||||||
11 | describe such status.
| ||||||
12 | (6) "Academic year" means the period of time from September | ||||||
13 | 1 of one
year through August 31 of the next year or as | ||||||
14 | otherwise defined by the
academic institution.
| ||||||
15 | (7) "Associate degree in nursing program or hospital-based | ||||||
16 | diploma in
nursing program" means a program
offered by an | ||||||
17 | approved institution and leading to an associate
degree in
| ||||||
18 | nursing, associate degree in applied sciences in nursing, or
| ||||||
19 | hospital-based diploma in nursing.
| ||||||
20 | (8) "Graduate degree in nursing program" means a program | ||||||
21 | offered by an approved institution and leading to a master of | ||||||
22 | science degree in nursing or a doctorate of philosophy or | ||||||
23 | doctorate of nursing degree in nursing.
| ||||||
24 | (9) "Director" means the Director of the Illinois | ||||||
25 | Department of Public
Health.
| ||||||
26 | (10) "Accepted for admission" means a student has completed |
| |||||||
| |||||||
1 | the
requirements for entry into an associate degree in nursing | ||||||
2 | program,
associate degree in applied sciences in nursing | ||||||
3 | program, hospital-based
diploma in nursing program,
| ||||||
4 | baccalaureate degree in nursing program, graduate degree in | ||||||
5 | nursing program, or
certificate in practical nursing program at | ||||||
6 | an approved institution, as
documented by the
institution.
| ||||||
7 | (11) "Fees" means those mandatory charges, in addition to | ||||||
8 | tuition, that
all enrolled students must pay, including | ||||||
9 | required course or lab fees.
| ||||||
10 | (12) "Full-time student" means a student enrolled for at | ||||||
11 | least 12 hours
per
term or as otherwise determined by the | ||||||
12 | academic institution.
| ||||||
13 | (13) "Law" means the Nursing Education Scholarship Law.
| ||||||
14 | (14) "Nursing employment obligation" means employment in | ||||||
15 | this State as a
registered
professional
nurse or licensed | ||||||
16 | practical nurse in direct patient care
or as a nurse educator | ||||||
17 | in the case of a graduate degree in nursing program recipient | ||||||
18 | for at least one year for each year of scholarship assistance | ||||||
19 | received through
the Nursing
Education Scholarship Program.
| ||||||
20 | (15) "Part-time student" means a person who is enrolled for | ||||||
21 | at least
one-third of the number of hours required per term by | ||||||
22 | a school for its
full-time students.
| ||||||
23 | (16) "Practical nursing program" means a program offered by | ||||||
24 | an approved
institution leading to a certificate in practical | ||||||
25 | nursing.
| ||||||
26 | (17) "Registered professional nurse" means a
person who is |
| |||||||
| |||||||
1 | currently licensed as a registered professional nurse
by the | ||||||
2 | Department of Professional
Regulation under the Nurse Practice | ||||||
3 | Act
Nursing and Advanced Practice Nursing Act .
| ||||||
4 | (18) "Licensed practical nurse" means a
person who is | ||||||
5 | currently licensed as a licensed practical nurse
by the | ||||||
6 | Department of Professional
Regulation under the Nurse Practice | ||||||
7 | Act
Nursing and Advanced Practice Nursing Act .
| ||||||
8 | (19) "School term" means an academic term, such as a | ||||||
9 | semester, quarter,
trimester, or number of clock hours, as | ||||||
10 | defined by an approved institution.
| ||||||
11 | (20) "Student in good standing" means a student maintaining | ||||||
12 | a cumulative
grade point average equivalent to at least the | ||||||
13 | academic grade of a "C".
| ||||||
14 | (21) "Total and permanent disability" means a physical or | ||||||
15 | mental impairment,
disease, or loss of a permanent nature that | ||||||
16 | prevents nursing employment with or
without reasonable | ||||||
17 | accommodation. Proof of disability shall be a declaration
from | ||||||
18 | the social security administration, Illinois Workers' | ||||||
19 | Compensation Commission,
Department of Defense, or an insurer | ||||||
20 | authorized to transact business in
Illinois who is providing | ||||||
21 | disability insurance coverage to a contractor.
| ||||||
22 | (22) "Tuition" means the established charges of an | ||||||
23 | institution of higher
learning for instruction at that | ||||||
24 | institution.
| ||||||
25 | (23) "Nurse educator" means a person who is currently | ||||||
26 | licensed as a registered nurse by the Department of |
| |||||||
| |||||||
1 | Professional Regulation under the Nurse Practice Act
Nursing | ||||||
2 | and Advanced Practice Nursing Act , who has a graduate degree in | ||||||
3 | nursing, and who is employed by an approved academic | ||||||
4 | institution to educate registered nursing students, licensed | ||||||
5 | practical nursing students, and registered nurses pursuing | ||||||
6 | graduate degrees.
| ||||||
7 | (Source: P.A. 92-43, eff. 1-1-02; 93-721, eff. 1-1-05; 93-879, | ||||||
8 | eff. 1-1-05; revised 10-25-04.)
| ||||||
9 | Section 90-135. The Academic Degree Act is amended by | ||||||
10 | changing Section 11 as follows:
| ||||||
11 | (110 ILCS 1010/11) (from Ch. 144, par. 241)
| ||||||
12 | Sec. 11. Exemptions. This Act shall not apply to any school | ||||||
13 | or
educational institution regulated or approved under the | ||||||
14 | Nurse Practice Act
Nursing
and Advanced Practice Nursing Act .
| ||||||
15 | This Act shall not apply to any of the following:
| ||||||
16 | (a) in-training programs by corporations or other business | ||||||
17 | organizations
for the training of their personnel;
| ||||||
18 | (b) education or other improvement programs by business, | ||||||
19 | trade and
similar organizations and associations for the | ||||||
20 | benefit of their members
only; or
| ||||||
21 | (c) apprentice or other training programs by labor unions.
| ||||||
22 | (Source: P.A. 90-742, eff. 8-13-98.)
| ||||||
23 | Section 90-140. The Ambulatory Surgical Treatment Center |
| |||||||
| |||||||
1 | Act is amended by changing Section 6.5 as follows:
| ||||||
2 | (210 ILCS 5/6.5)
| ||||||
3 | Sec. 6.5. Clinical privileges; advanced practice nurses. | ||||||
4 | All ambulatory surgical treatment centers (ASTC) licensed | ||||||
5 | under this Act
shall
comply with the following requirements:
| ||||||
6 | (1) No ASTC policy, rule, regulation, or practice shall be | ||||||
7 | inconsistent
with the provision of adequate collaboration, | ||||||
8 | including medical direction of
licensed
advanced practice | ||||||
9 | nurses, in accordance with Section 54.5 of the Medical
Practice | ||||||
10 | Act of 1987.
| ||||||
11 | (2) Operative surgical procedures shall be performed only | ||||||
12 | by a physician
licensed to
practice medicine in
all its | ||||||
13 | branches under the Medical Practice Act of 1987, a dentist
| ||||||
14 | licensed under the
Illinois Dental Practice Act, or a | ||||||
15 | podiatrist licensed under the Podiatric
Medical Practice Act of | ||||||
16 | 1987,
with medical staff membership and surgical clinical | ||||||
17 | privileges granted by the
consulting
committee of the ASTC. A | ||||||
18 | licensed physician, dentist, or podiatrist may
be assisted by
a | ||||||
19 | physician licensed to practice medicine in all its branches, | ||||||
20 | dentist, dental
assistant,
podiatrist, licensed
advanced | ||||||
21 | practice nurse, licensed physician assistant, licensed
| ||||||
22 | registered nurse, licensed practical nurse,
surgical
| ||||||
23 | assistant, surgical technician, or other individuals granted | ||||||
24 | clinical
privileges to assist in surgery
by the consulting | ||||||
25 | committee of the ASTC.
Payment for services rendered by an |
| |||||||
| |||||||
1 | assistant in surgery who is not an
ambulatory surgical | ||||||
2 | treatment center employee shall be paid
at the appropriate | ||||||
3 | non-physician modifier
rate if the payor would have made | ||||||
4 | payment had the same services been provided
by a physician.
| ||||||
5 | (2.5) A registered nurse licensed under the Nurse Practice | ||||||
6 | Act
Nursing and Advanced Practice Nursing Act and qualified by | ||||||
7 | training and experience in operating room nursing shall be | ||||||
8 | present in the operating room and function as the circulating | ||||||
9 | nurse during all invasive or operative procedures. For purposes | ||||||
10 | of this paragraph (2.5), "circulating nurse" means a registered | ||||||
11 | nurse who is responsible for coordinating all nursing care, | ||||||
12 | patient safety needs, and the needs of the surgical team in the | ||||||
13 | operating room during an invasive or operative procedure.
| ||||||
14 | (3) The anesthesia service shall be under the direction of | ||||||
15 | a physician
licensed to practice
medicine in all its branches | ||||||
16 | who has had specialized preparation or experience
in the area
| ||||||
17 | or who has completed a residency in anesthesiology. An | ||||||
18 | anesthesiologist, Board
certified or
Board eligible, is | ||||||
19 | recommended. Anesthesia services may
only be
administered | ||||||
20 | pursuant to the order of a physician licensed to practice | ||||||
21 | medicine
in all its
branches, licensed dentist, or licensed | ||||||
22 | podiatrist.
| ||||||
23 | (A) The individuals who, with clinical privileges | ||||||
24 | granted by the medical
staff and ASTC, may
administer | ||||||
25 | anesthesia services are limited to the
following:
| ||||||
26 | (i) an anesthesiologist; or
|
| |||||||
| |||||||
1 | (ii) a physician licensed to practice medicine in | ||||||
2 | all its branches; or
| ||||||
3 | (iii) a dentist with authority to administer | ||||||
4 | anesthesia under Section
8.1 of the
Illinois Dental | ||||||
5 | Practice Act; or
| ||||||
6 | (iv) a licensed certified registered nurse | ||||||
7 | anesthetist.
| ||||||
8 | (B) For anesthesia services, an anesthesiologist
shall
| ||||||
9 | participate through discussion of and agreement with the | ||||||
10 | anesthesia plan and
shall remain physically present and be
| ||||||
11 | available on
the premises during the delivery of anesthesia | ||||||
12 | services for
diagnosis, consultation, and treatment of | ||||||
13 | emergency medical
conditions.
In the absence of 24-hour | ||||||
14 | availability of anesthesiologists with clinical
| ||||||
15 | privileges, an alternate policy (requiring
participation, | ||||||
16 | presence,
and availability of a
physician licensed to | ||||||
17 | practice medicine in all its
branches) shall be
developed | ||||||
18 | by the medical staff consulting committee in consultation | ||||||
19 | with the
anesthesia service and included in the medical
| ||||||
20 | staff
consulting committee policies.
| ||||||
21 | (C) A certified registered nurse anesthetist is not | ||||||
22 | required to possess
prescriptive authority or a written | ||||||
23 | collaborative agreement meeting the
requirements of | ||||||
24 | Section 10-120 of the Nurse Practice Act
15-15 of the | ||||||
25 | Nursing and Advanced Practice Nursing Act
to provide | ||||||
26 | anesthesia services
ordered by a licensed physician, |
| |||||||
| |||||||
1 | dentist, or podiatrist. Licensed certified
registered | ||||||
2 | nurse anesthetists are authorized to
select, order, and
| ||||||
3 | administer drugs and apply the appropriate medical devices | ||||||
4 | in the provision of
anesthesia
services under the | ||||||
5 | anesthesia plan agreed with by the
anesthesiologist or, in | ||||||
6 | the absence of an available anesthesiologist with
clinical | ||||||
7 | privileges,
agreed with by the
operating physician, | ||||||
8 | operating dentist, or operating podiatrist in accordance
| ||||||
9 | with the medical
staff consulting committee policies of a | ||||||
10 | licensed ambulatory surgical treatment
center.
| ||||||
11 | (Source: P.A. 93-352, eff. 1-1-04; 94-915, eff. 1-1-07.)
| ||||||
12 | Section 90-145. The Illinois Clinical Laboratory and Blood | ||||||
13 | Bank Act is amended by changing Section 7-101 as follows:
| ||||||
14 | (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
| ||||||
15 | Sec. 7-101. Examination of specimens. A clinical | ||||||
16 | laboratory shall examine
specimens only at the request of (i) a | ||||||
17 | licensed physician, (ii) a
licensed dentist, (iii) a licensed | ||||||
18 | podiatrist, (iv) a therapeutic
optometrist for diagnostic or | ||||||
19 | therapeutic purposes related to the use of
diagnostic topical | ||||||
20 | or therapeutic ocular pharmaceutical agents, as defined in
| ||||||
21 | subsections (c) and (d) of Section 15.1 of the Illinois | ||||||
22 | Optometric Practice Act
of 1987,
(v) a licensed
physician | ||||||
23 | assistant in
accordance with the written guidelines required | ||||||
24 | under subdivision (3) of
Section 4 and under Section 7.5 of the |
| |||||||
| |||||||
1 | Physician Assistant Practice Act of
1987,
(v-A) an advanced | ||||||
2 | practice nurse in accordance with the
written collaborative | ||||||
3 | agreement required under Section 10-120 of the Nurse Practice | ||||||
4 | Act
15-15 of the Nursing and Advanced Practice Nursing Act ,
or
| ||||||
5 | (vi) an authorized law enforcement agency or, in the case of | ||||||
6 | blood
alcohol, at the request of the individual for whom the | ||||||
7 | test is to be performed
in compliance with Sections 11-501 and | ||||||
8 | 11-501.1 of the Illinois Vehicle Code.
If the request to a | ||||||
9 | laboratory is oral, the physician or other authorized
person | ||||||
10 | shall submit a written request to the laboratory within 48 | ||||||
11 | hours. If
the laboratory does not receive the written request | ||||||
12 | within that period, it
shall note that fact in its records. For | ||||||
13 | purposes of this Section, a request
made by electronic mail or | ||||||
14 | fax constitutes a written request.
| ||||||
15 | (Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;
| ||||||
16 | 90-655, eff. 7-30-98; 90-666, eff. 7-30-98; 90-742, eff. | ||||||
17 | 8-13-98;
91-357, eff. 7-29-99.)
| ||||||
18 | Section 90-150. The Life Care Facilities Act is amended by | ||||||
19 | changing Section 2 as follows:
| ||||||
20 | (210 ILCS 40/2) (from Ch. 111 1/2, par. 4160-2)
| ||||||
21 | Sec. 2. As used in this Act, unless the context otherwise | ||||||
22 | requires:
| ||||||
23 | (a) "Department" means the Department of Public Health.
| ||||||
24 | (b) "Director" means the Director of the Department.
|
| |||||||
| |||||||
1 | (c) "Life care contract" means a contract to provide to a | ||||||
2 | person for the
duration of such person's life or for a term in | ||||||
3 | excess of one year, nursing
services, medical services or | ||||||
4 | personal care services, in addition to
maintenance
services for | ||||||
5 | such person in a facility, conditioned upon the transfer of
an | ||||||
6 | entrance fee to the provider of such services in addition to or | ||||||
7 | in lieu
of the payment of regular periodic charges for the care | ||||||
8 | and services involved.
| ||||||
9 | (d) "Provider" means a person who provides services | ||||||
10 | pursuant to a life care contract.
| ||||||
11 | (e) "Resident" means a person who enters into a life care | ||||||
12 | contract with
a provider, or who is designated in a life care | ||||||
13 | contract to be a person provided
with maintenance and nursing, | ||||||
14 | medical or personal care services.
| ||||||
15 | (f) "Facility" means a place or places in which a provider | ||||||
16 | undertakes
to provide a resident with nursing services, medical | ||||||
17 | services or personal
care services, in addition to maintenance | ||||||
18 | services for a term in excess of
one year or for life pursuant | ||||||
19 | to a life care contract. The term also
means a place or places | ||||||
20 | in which a provider undertakes to provide such
services to a | ||||||
21 | non-resident.
| ||||||
22 | (g) "Living unit" means an apartment, room or other area | ||||||
23 | within a facility
set aside for the exclusive use of one or | ||||||
24 | more identified residents.
| ||||||
25 | (h) "Entrance fee" means an initial or deferred transfer to | ||||||
26 | a provider
of a sum of money or property, made or promised to |
| |||||||
| |||||||
1 | be made by a person entering
into a life care contract, which | ||||||
2 | assures a resident of services pursuant
to a life care | ||||||
3 | contract.
| ||||||
4 | (i) "Permit" means a written authorization to enter into | ||||||
5 | life care contracts
issued by the Department to a provider.
| ||||||
6 | (j) "Medical services" means those services pertaining to | ||||||
7 | medical or dental
care that are performed in behalf of patients | ||||||
8 | at the direction of a physician
licensed under the Medical | ||||||
9 | Practice Act of 1987 or a dentist licensed under the
Illinois | ||||||
10 | Dental Practice Act by such physicians or dentists, or
by a | ||||||
11 | registered or
licensed practical nurse as defined in the Nurse | ||||||
12 | Practice Act
Nursing and Advanced Practice
Nursing Act
or by
| ||||||
13 | other professional and technical personnel.
| ||||||
14 | (k) "Nursing services" means those services pertaining to | ||||||
15 | the curative,
restorative and preventive aspects of nursing | ||||||
16 | care that are performed at
the direction of a physician | ||||||
17 | licensed under the Medical Practice Act of 1987 by
or under the | ||||||
18 | supervision of a registered or licensed practical nurse as
| ||||||
19 | defined in the Nurse Practice Act
Nursing and Advanced Practice | ||||||
20 | Nursing Act .
| ||||||
21 | (l) "Personal care services" means assistance with meals, | ||||||
22 | dressing,
movement,
bathing or other personal needs or | ||||||
23 | maintenance, or general supervision and
oversight of the | ||||||
24 | physical and mental well-being of an individual, who is
| ||||||
25 | incapable of maintaining a private, independent residence or | ||||||
26 | who is incapable
of managing his person whether or not a |
| |||||||
| |||||||
1 | guardian has been appointed for
such individual.
| ||||||
2 | (m) "Maintenance services" means food, shelter and laundry | ||||||
3 | services.
| ||||||
4 | (n) "Certificates of Need" means those permits issued | ||||||
5 | pursuant to the
Illinois Health Facilities Planning Act as now | ||||||
6 | or hereafter amended.
| ||||||
7 | (o) "Non-resident" means a person admitted to a facility | ||||||
8 | who has not
entered into a life care contract.
| ||||||
9 | (Source: P.A. 90-742, eff. 8-13-98.)
| ||||||
10 | Section 90-155. The Nursing Home Care Act is amended by | ||||||
11 | changing Section 1-118 as follows:
| ||||||
12 | (210 ILCS 45/1-118) (from Ch. 111 1/2, par. 4151-118)
| ||||||
13 | Sec. 1-118. "Nurse" means a registered nurse or a licensed | ||||||
14 | practical nurse
as defined in the Nurse Practice Act
Nursing | ||||||
15 | and Advanced Practice Nursing Act .
| ||||||
16 | (Source: P.A. 90-742, eff. 8-13-98.)
| ||||||
17 | Section 90-160. The Emergency Medical Services (EMS) | ||||||
18 | Systems Act is amended by changing Section 3.80 as follows:
| ||||||
19 | (210 ILCS 50/3.80)
| ||||||
20 | Sec. 3.80. Pre-Hospital RN and Emergency Communications | ||||||
21 | Registered Nurse.
| ||||||
22 | (a) Emergency Communications Registered Nurse or
"ECRN" |
| |||||||
| |||||||
1 | means a registered professional nurse, licensed under
the Nurse | ||||||
2 | Practice Act
Nursing and Advanced Practice Nursing Act who
has
| ||||||
3 | successfully completed supplemental education in accordance
| ||||||
4 | with rules adopted by the Department, and who is approved by
an | ||||||
5 | EMS Medical Director to monitor telecommunications from
and | ||||||
6 | give voice orders to EMS System personnel, under the
authority | ||||||
7 | of the EMS Medical Director and in accordance with
System | ||||||
8 | protocols.
| ||||||
9 | Upon the effective date of this amendatory Act of 1995, all
| ||||||
10 | existing Registered Professional Nurse/MICNs shall be
| ||||||
11 | considered ECRNs.
| ||||||
12 | (b) "Pre-Hospital Registered Nurse" or
"Pre-Hospital RN" | ||||||
13 | means a registered professional nurse, licensed under
the Nurse | ||||||
14 | Practice Act
Nursing and Advanced Practice Nursing Act who has
| ||||||
15 | successfully completed supplemental education in accordance
| ||||||
16 | with rules adopted by the Department pursuant to this Act,
and | ||||||
17 | who is approved by an EMS Medical Director to practice
within | ||||||
18 | an EMS System as emergency medical services personnel
for | ||||||
19 | pre-hospital and inter-hospital emergency care and
| ||||||
20 | non-emergency medical transports.
| ||||||
21 | Upon the effective date of this amendatory Act of 1995, all
| ||||||
22 | existing Registered Professional Nurse/Field RNs shall be
| ||||||
23 | considered Pre-Hospital RNs.
| ||||||
24 | (c) The Department shall have the authority and
| ||||||
25 | responsibility to:
| ||||||
26 | (1) Prescribe education and continuing education
|
| |||||||
| |||||||
1 | requirements for Pre-Hospital RN and ECRN candidates | ||||||
2 | through
rules adopted pursuant to this Act:
| ||||||
3 | (A) Education for Pre-Hospital RN shall
include | ||||||
4 | extrication, telecommunications, and pre-hospital
| ||||||
5 | cardiac and trauma care;
| ||||||
6 | (B) Education for ECRN shall include
| ||||||
7 | telecommunications, System standing medical orders and | ||||||
8 | the
procedures and protocols established by the EMS | ||||||
9 | Medical
Director;
| ||||||
10 | (C) A Pre-Hospital RN candidate who is
fulfilling | ||||||
11 | clinical training and in-field supervised
experience | ||||||
12 | requirements may perform prescribed procedures
under | ||||||
13 | the direct supervision of a physician licensed to
| ||||||
14 | practice medicine in all of its branches, a qualified
| ||||||
15 | registered professional nurse or a qualified EMT, only | ||||||
16 | when
authorized by the EMS Medical Director;
| ||||||
17 | (D) An EMS Medical Director may impose in-field | ||||||
18 | supervised field
experience requirements on System
| ||||||
19 | ECRNs as part of their training or continuing | ||||||
20 | education, in
which they perform prescribed procedures | ||||||
21 | under the direct
supervision of a physician licensed to | ||||||
22 | practice medicine in
all of its branches, a qualified | ||||||
23 | registered professional
nurse or qualified EMT, only | ||||||
24 | when authorized by the EMS
Medical Director;
| ||||||
25 | (2) Require EMS Medical Directors to
reapprove | ||||||
26 | Pre-Hospital RNs and ECRNs every 4 years, based on
|
| |||||||
| |||||||
1 | compliance with continuing education requirements | ||||||
2 | prescribed
by the Department through rules adopted | ||||||
3 | pursuant to this
Act;
| ||||||
4 | (3) Allow EMS Medical Directors to grant
inactive | ||||||
5 | status to any Pre-Hospital RN or ECRN who qualifies, based
| ||||||
6 | on standards and procedures established by the Department | ||||||
7 | in
rules adopted pursuant to this Act;
| ||||||
8 | (4) Require a Pre-Hospital RN to honor Do Not
| ||||||
9 | Resuscitate (DNR) orders and powers of attorney for health
| ||||||
10 | care only in accordance with rules adopted by the | ||||||
11 | Department
pursuant to this Act and protocols of the EMS | ||||||
12 | System in
which he or she practices.
| ||||||
13 | (Source: P.A. 89-177, eff. 7-19-95; 90-742, eff. 8-13-98.)
| ||||||
14 | Section 90-165. The Home Health, Home Services, and Home | ||||||
15 | Nursing Agency Licensing Act is amended by changing Section | ||||||
16 | 2.09 as follows: | ||||||
17 | (210 ILCS 55/2.09) | ||||||
18 | Sec. 2.09. "Home services" or "in-home services" means | ||||||
19 | assistance with activities of daily living, housekeeping, | ||||||
20 | personal laundry, and companionship provided to an individual | ||||||
21 | in his or her personal residence, which are intended to enable | ||||||
22 | that individual to remain safely and comfortably in his or her | ||||||
23 | own personal residence. "Home services" or "in-home services" | ||||||
24 | does not include services that would be required to be |
| |||||||
| |||||||
1 | performed by an individual licensed under the Nurse Practice | ||||||
2 | Act
Nursing and Advanced Practice Nursing Act .
| ||||||
3 | (Source: P.A. 94-379, eff. 1-1-06.)
| ||||||
4 | Section 90-170. The Home Health, Home Services, and Home | ||||||
5 | Nursing Agency Licensing Act is amended by changing Section 6.3 | ||||||
6 | as follows: | ||||||
7 | (210 ILCS 55/6.3) | ||||||
8 | Sec. 6.3. Home services agencies; standards; fees. | ||||||
9 | (a) Before January 1, 2008, the Department shall adopt | ||||||
10 | standards for the licensure and operation of home services | ||||||
11 | agencies operated in this State. The structure of the standards | ||||||
12 | shall be based on the concept of home services and its focus on | ||||||
13 | assistance with activities of daily living, housekeeping, | ||||||
14 | personal laundry, and companionship being provided to an | ||||||
15 | individual intended to enable that individual to remain safely | ||||||
16 | and comfortably in his or her own personal residence. As home | ||||||
17 | services do not include services that would be required to be | ||||||
18 | performed by an individual licensed under the Nurse Practice | ||||||
19 | Act
Nursing and Advanced Practice Nursing Act , the standards | ||||||
20 | shall be developed from a similar concept. After consideration | ||||||
21 | and recommendations by the Home Health and Home Services | ||||||
22 | Advisory Committee, the Department shall adopt such rules and | ||||||
23 | regulations as are necessary for the proper regulation of home | ||||||
24 | services agencies. Requirements for licensure as a home |
| |||||||
| |||||||
1 | services agency shall include the following: | ||||||
2 | (1) Compliance with the requirements of the Health Care | ||||||
3 | Worker Background Check Act. | ||||||
4 | (2) Notification, in a form and manner established by | ||||||
5 | the Department by rule, to home services workers and | ||||||
6 | consumers as to the party or parties responsible under | ||||||
7 | State and federal laws for payment of employment taxes, | ||||||
8 | social security taxes, and workers' compensation, | ||||||
9 | liability, the day-to-day supervision of workers, and the | ||||||
10 | hiring, firing, and discipline of workers with the | ||||||
11 | placement arrangement for home services. | ||||||
12 | (3) Compliance with rules, as adopted by the | ||||||
13 | Department, in regard to (i) reporting by the licensee of | ||||||
14 | any known or suspected incidences of abuse, neglect, or | ||||||
15 | financial exploitation of an eligible adult, as defined in | ||||||
16 | the Elder Abuse and Neglect Act, by a home services worker | ||||||
17 | employed by or placed by the licensee or (ii) reports to a | ||||||
18 | law enforcement agency in connection with any other | ||||||
19 | individual protected under the laws of the State of | ||||||
20 | Illinois. | ||||||
21 | (4) Compliance with rules, as adopted by the | ||||||
22 | Department, addressing the health, safety, and well-being | ||||||
23 | of clients receiving home services. | ||||||
24 | (b) The Department may establish fees for home services | ||||||
25 | agency licensure in rules in a manner that will make the | ||||||
26 | program self-supporting. The amount of the licensure fees shall |
| |||||||
| |||||||
1 | be based on the funding required for operation of the licensure | ||||||
2 | program.
| ||||||
3 | (Source: P.A. 94-379, eff. 1-1-06.)
| ||||||
4 | Section 90-175. The End Stage Renal Disease Facility Act is | ||||||
5 | amended by changing Section 5 as follows:
| ||||||
6 | (210 ILCS 62/5)
| ||||||
7 | Sec. 5. Definitions. As used in this Act:
| ||||||
8 | "Committee" means the End Stage Renal Disease Advisory | ||||||
9 | Committee.
| ||||||
10 | "Department" means the Department of Public Health.
| ||||||
11 | "Dialysis" means a process by which dissolved substances | ||||||
12 | are removed from a
patient's body by diffusion from one fluid
| ||||||
13 | compartment to another across a semipermeable membrane.
| ||||||
14 | "Dialysis technician" means an individual who is not a | ||||||
15 | registered nurse or
physician and who provides dialysis care | ||||||
16 | under
the supervision of a registered nurse or physician.
| ||||||
17 | "Director" means the Director of Public Health.
| ||||||
18 | "End stage renal disease" means that stage of renal | ||||||
19 | impairment that appears
irreversible and permanent and that | ||||||
20 | requires
a regular course of dialysis or kidney transplantation | ||||||
21 | to maintain life.
| ||||||
22 | "End stage renal disease facility" or "ESRDF" means a | ||||||
23 | facility that provides
dialysis treatment or dialysis training | ||||||
24 | to
individuals with end stage renal disease.
|
| |||||||
| |||||||
1 | "Licensee" means an individual or entity licensed by the | ||||||
2 | Department to
operate an end stage renal disease facility.
| ||||||
3 | "Nurse" means an individual who is licensed to practice | ||||||
4 | nursing under the
Nurse Practice Act
Nursing and Advanced | ||||||
5 | Practice Nursing Act .
| ||||||
6 | "Patient" means any individual receiving treatment from an | ||||||
7 | end stage renal
disease facility.
| ||||||
8 | "Person" means any individual, firm, partnership, | ||||||
9 | corporation, company,
association, or other legal entity.
| ||||||
10 | "Physician" means an individual who is licensed to practice | ||||||
11 | medicine in all
of its branches under the Medical Practice Act | ||||||
12 | of 1987.
| ||||||
13 | (Source: P.A. 92-794, eff. 7-1-03.)
| ||||||
14 | Section 90-180. The Hospital Licensing Act is amended by | ||||||
15 | changing Sections 10, 10.7, and 10.9 as follows:
| ||||||
16 | (210 ILCS 85/10) (from Ch. 111 1/2, par. 151)
| ||||||
17 | Sec. 10. Board creation; Department rules.
| ||||||
18 | (a) The Governor shall appoint a Hospital Licensing Board | ||||||
19 | composed
of 14 persons, which shall advise and consult with the | ||||||
20 | Director
in the administration of this Act. The Secretary of | ||||||
21 | Human Services (or his
or her designee) shall serve on the | ||||||
22 | Board, along with one additional
representative of the | ||||||
23 | Department of Human Services to be designated by the
Secretary. | ||||||
24 | Four appointive members shall represent
the general public and |
| |||||||
| |||||||
1 | 2 of these shall be members of hospital governing
boards; one | ||||||
2 | appointive member shall be a registered professional nurse or
| ||||||
3 | advanced practice nurse as
defined in the Nurse Practice Act
| ||||||
4 | Nursing and Advanced Practice Nursing Act , who is employed in a
| ||||||
5 | hospital; 3 appointive
members shall be hospital | ||||||
6 | administrators actively engaged in the supervision
or | ||||||
7 | administration of hospitals; 2 appointive members shall be | ||||||
8 | practicing
physicians, licensed in Illinois to practice | ||||||
9 | medicine in all of its
branches; and one appointive member | ||||||
10 | shall be a physician licensed to practice
podiatric medicine | ||||||
11 | under the Podiatric Medical Practice Act of 1987;
and one | ||||||
12 | appointive member shall be a
dentist licensed to practice | ||||||
13 | dentistry under
the Illinois Dental Practice Act. In making | ||||||
14 | Board appointments, the Governor shall give
consideration to | ||||||
15 | recommendations made through the Director by professional
| ||||||
16 | organizations concerned with hospital administration for the | ||||||
17 | hospital
administrative and governing board appointments, | ||||||
18 | registered professional
nurse organizations for the registered | ||||||
19 | professional nurse appointment,
professional medical | ||||||
20 | organizations for the physician appointments, and
professional | ||||||
21 | dental organizations for the dentist appointment.
| ||||||
22 | (b) Each appointive member shall hold office for a term of | ||||||
23 | 3 years,
except that any member appointed to fill a vacancy | ||||||
24 | occurring prior to the
expiration of the term for which his | ||||||
25 | predecessor was appointed shall be
appointed for the remainder | ||||||
26 | of such term and the terms of office of the
members first |
| |||||||
| |||||||
1 | taking office shall expire, as designated at the time of
| ||||||
2 | appointment, 2 at the end of the first year, 2 at the end of the | ||||||
3 | second
year, and 3 at the end of the third year, after the date | ||||||
4 | of appointment.
The initial terms of office of the 2 additional | ||||||
5 | members representing the
general public provided for in this | ||||||
6 | Section shall expire at the end of the
third year after the | ||||||
7 | date of appointment. The term of office of each
original | ||||||
8 | appointee shall commence July 1, 1953; the term of office of | ||||||
9 | the
original registered professional nurse appointee shall | ||||||
10 | commence July 1,
1969; the term of office of the original | ||||||
11 | licensed podiatrist appointee shall
commence July 1, 1981; the | ||||||
12 | term of office of the original dentist
appointee shall commence | ||||||
13 | July 1, 1987; and the term of office of each
successor shall | ||||||
14 | commence on July 1 of
the year in which his predecessor's term | ||||||
15 | expires. Board members, while
serving on business of the Board, | ||||||
16 | shall receive actual and necessary travel
and subsistence | ||||||
17 | expenses while so serving away from their places of
residence. | ||||||
18 | The Board shall meet as frequently as the Director deems
| ||||||
19 | necessary, but not less than once a year. Upon request of 5 or | ||||||
20 | more
members, the Director shall call a meeting of the Board.
| ||||||
21 | (c) The Director shall prescribe rules, regulations, | ||||||
22 | standards, and
statements of policy needed to implement, | ||||||
23 | interpret, or make specific the
provisions and purposes of this | ||||||
24 | Act. The Department shall adopt rules which
set forth standards | ||||||
25 | for determining when the public interest, safety
or welfare | ||||||
26 | requires emergency action in relation to termination of a |
| |||||||
| |||||||
1 | research
program or experimental procedure conducted by a | ||||||
2 | hospital licensed under
this Act. No rule, regulation, or | ||||||
3 | standard shall
be adopted by the Department concerning the | ||||||
4 | operation of hospitals licensed
under this Act which has not | ||||||
5 | had prior approval of the Hospital Licensing
Board, nor shall | ||||||
6 | the Department adopt any rule, regulation or standard
relating | ||||||
7 | to the establishment of a hospital without consultation with | ||||||
8 | the
Hospital Licensing Board.
| ||||||
9 | (d) Within one year after the effective date of this | ||||||
10 | amendatory Act
of 1984, all hospitals licensed under this Act | ||||||
11 | and providing perinatal care
shall comply with standards of | ||||||
12 | perinatal care promulgated by the Department.
The Director | ||||||
13 | shall promulgate rules or regulations under this Act which
are | ||||||
14 | consistent with "An Act relating to the prevention of | ||||||
15 | developmental
disabilities", approved September 6, 1973, as | ||||||
16 | amended.
| ||||||
17 | (Source: P.A. 89-507, eff. 7-1-97; 90-742, eff. 8-13-98.)
| ||||||
18 | (210 ILCS 85/10.7)
| ||||||
19 | Sec. 10.7. Clinical privileges; advanced practice nurses.
| ||||||
20 | All hospitals licensed under this Act shall comply with the | ||||||
21 | following
requirements:
| ||||||
22 | (1) No hospital policy, rule, regulation, or practice
shall | ||||||
23 | be inconsistent
with the provision of adequate collaboration, | ||||||
24 | including medical direction of
licensed advanced practice | ||||||
25 | nurses, in accordance with Section 54.5 of the
Medical Practice |
| |||||||
| |||||||
1 | Act of 1987.
| ||||||
2 | (2) Operative surgical procedures shall be performed only | ||||||
3 | by a physician
licensed to practice medicine in all its | ||||||
4 | branches under the Medical Practice
Act of 1987, a dentist | ||||||
5 | licensed under the Illinois Dental Practice Act, or a
| ||||||
6 | podiatrist licensed under the Podiatric Medical Practice Act of | ||||||
7 | 1987,
with medical staff membership and surgical clinical | ||||||
8 | privileges granted at the
hospital. A licensed physician, | ||||||
9 | dentist, or podiatrist may be assisted by a
physician licensed | ||||||
10 | to practice medicine in all its branches, dentist, dental
| ||||||
11 | assistant, podiatrist, licensed advanced practice nurse, | ||||||
12 | licensed physician
assistant, licensed registered
nurse, | ||||||
13 | licensed practical nurse, surgical
assistant, surgical | ||||||
14 | technician, or other individuals granted clinical
privileges | ||||||
15 | to assist in surgery
at the hospital.
Payment for services | ||||||
16 | rendered by an assistant in surgery who is not a
hospital | ||||||
17 | employee shall be paid
at the appropriate non-physician | ||||||
18 | modifier rate if the payor would have
made payment had the same | ||||||
19 | services been provided by a physician.
| ||||||
20 | (2.5) A registered nurse licensed under the Nurse Practice | ||||||
21 | Act
Nursing and Advanced Practice Nursing Act and qualified by | ||||||
22 | training and experience in operating room nursing shall be | ||||||
23 | present in the operating room and function as the circulating | ||||||
24 | nurse during all invasive or operative procedures. For purposes | ||||||
25 | of this paragraph (2.5), "circulating nurse" means a registered | ||||||
26 | nurse who is responsible for coordinating all nursing care, |
| |||||||
| |||||||
1 | patient safety needs, and the needs of the surgical team in the | ||||||
2 | operating room during an invasive or operative procedure.
| ||||||
3 | (3) The anesthesia service shall be under the direction of | ||||||
4 | a physician
licensed to practice
medicine in all its branches | ||||||
5 | who has had specialized preparation or
experience in the area
| ||||||
6 | or who has completed a residency in anesthesiology. An | ||||||
7 | anesthesiologist, Board
certified or Board eligible, is | ||||||
8 | recommended. Anesthesia services may
only be administered | ||||||
9 | pursuant to the order of a physician licensed to practice
| ||||||
10 | medicine in all its branches, licensed dentist, or licensed | ||||||
11 | podiatrist.
| ||||||
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 in | ||||||
17 | all its branches; or
| ||||||
18 | (iii) a dentist with authority to administer | ||||||
19 | anesthesia under Section
8.1 of
the Illinois Dental | ||||||
20 | Practice Act; or
| ||||||
21 | (iv) a licensed certified registered nurse | ||||||
22 | anesthetist.
| ||||||
23 | (B) For anesthesia services, an anesthesiologist
shall
| ||||||
24 | participate through discussion of and agreement with the | ||||||
25 | anesthesia plan and
shall remain physically present and be
| ||||||
26 | available on
the premises during the delivery of anesthesia |
| |||||||
| |||||||
1 | services for
diagnosis, consultation, and treatment of | ||||||
2 | emergency medical conditions.
In the absence
of 24-hour | ||||||
3 | availability of
anesthesiologists with medical staff | ||||||
4 | privileges,
an alternate
policy (requiring participation, | ||||||
5 | presence, and availability of a physician
licensed to | ||||||
6 | practice
medicine in all its branches) shall be developed | ||||||
7 | by the medical staff and
licensed
hospital in consultation | ||||||
8 | with the anesthesia service.
| ||||||
9 | (C) A certified registered nurse anesthetist is not | ||||||
10 | required to possess
prescriptive authority or a written | ||||||
11 | collaborative agreement meeting
the requirements of the | ||||||
12 | Nurse Practice Act
Section 15-15 of the Nursing and | ||||||
13 | Advanced Practice Nursing
Act
to provide anesthesia | ||||||
14 | services
ordered by a licensed physician, dentist, or | ||||||
15 | podiatrist. Licensed certified
registered nurse | ||||||
16 | anesthetists are authorized to
select, order, and
| ||||||
17 | administer drugs and apply the appropriate medical devices | ||||||
18 | in the provision of
anesthesia
services under the | ||||||
19 | anesthesia plan agreed with by the
anesthesiologist or, in | ||||||
20 | the absence of an available anesthesiologist with
clinical | ||||||
21 | privileges,
agreed with by the
operating physician, | ||||||
22 | operating dentist, or operating podiatrist in accordance
| ||||||
23 | with the hospital's alternative policy.
| ||||||
24 | (Source: P.A. 93-352, eff. 1-1-04; 94-915, eff. 1-1-07.)
| ||||||
25 | (210 ILCS 85/10.9) |
| |||||||
| |||||||
1 | Sec. 10.9. Nurse mandated overtime prohibited. | ||||||
2 | (a) Definitions. As used in this Section: | ||||||
3 | "Mandated overtime" means work that is required by the | ||||||
4 | hospital in excess
of an agreed-to, predetermined work shift. | ||||||
5 | Time spent by nurses required to be available as a condition of | ||||||
6 | employment in specialized units, such as surgical nursing | ||||||
7 | services, shall not be counted or considered in calculating the | ||||||
8 | amount of time worked for the purpose of applying the | ||||||
9 | prohibition against mandated overtime under subsection (b). | ||||||
10 | "Nurse" means any advanced practice nurse, registered
| ||||||
11 | professional nurse, or licensed practical nurse, as defined in
| ||||||
12 | the Nurse Practice Act
Nursing and Advanced Practice Nursing | ||||||
13 | Act , who receives an hourly wage and has direct responsibility | ||||||
14 | to oversee or carry
out nursing care. For the purposes of this | ||||||
15 | Section, "advanced practice nurse" does not include a certified | ||||||
16 | registered nurse anesthetist who is primarily engaged in | ||||||
17 | performing the duties of a nurse anesthetist. | ||||||
18 | "Unforeseen emergent circumstance" means (i) any declared
| ||||||
19 | national, State, or municipal disaster or other catastrophic | ||||||
20 | event, or any implementation of a hospital's disaster plan, | ||||||
21 | that will substantially affect or increase the need for health
| ||||||
22 | care services or (ii) any circumstance in which patient care | ||||||
23 | needs require specialized nursing skills through the | ||||||
24 | completion of a procedure. An "unforeseen emergent | ||||||
25 | circumstance" does not include situations in which the hospital | ||||||
26 | fails to have enough nursing staff to meet the usual and |
| |||||||
| |||||||
1 | reasonably predictable nursing needs of its patients. | ||||||
2 | (b) Mandated overtime prohibited. No nurse may be required
| ||||||
3 | to work mandated overtime except in the case of an unforeseen | ||||||
4 | emergent circumstance when such overtime is required only as a
| ||||||
5 | last resort. Such mandated overtime shall not exceed 4 hours | ||||||
6 | beyond an agreed-to, predetermined work shift. | ||||||
7 | (c) Off-duty period. When a nurse is mandated to work up to | ||||||
8 | 12 consecutive hours, the nurse must be allowed at least 8 | ||||||
9 | consecutive hours of off-duty time immediately following the | ||||||
10 | completion of a shift. | ||||||
11 | (d) Retaliation prohibited. No hospital may discipline, | ||||||
12 | discharge, or take any other adverse employment action against | ||||||
13 | a nurse solely because the nurse refused to work mandated | ||||||
14 | overtime as prohibited under subsection (b). | ||||||
15 | (e) Violations. Any employee of a hospital that is subject
| ||||||
16 | to this Act may file a complaint with the Department of Public | ||||||
17 | Health regarding an alleged violation of this Section. The | ||||||
18 | complaint must be filed within 45 days following the occurrence | ||||||
19 | of the incident giving rise to the alleged violation. The | ||||||
20 | Department must forward notification of the alleged violation | ||||||
21 | to the hospital in question within 3 business days after the | ||||||
22 | complaint is filed. Upon receiving a complaint of a violation | ||||||
23 | of this Section, the Department may take any action authorized | ||||||
24 | under Section 7 or 9 of this Act. | ||||||
25 | (f) Proof of violation. Any violation of this Section must
| ||||||
26 | be proved by clear and convincing evidence that a nurse was |
| |||||||
| |||||||
1 | required to work overtime against his or her will. The hospital | ||||||
2 | may defeat the claim of a violation by presenting clear and | ||||||
3 | convincing evidence that an unforeseen emergent circumstance, | ||||||
4 | which required overtime work, existed at the time the employee | ||||||
5 | was required or compelled to work.
| ||||||
6 | (Source: P.A. 94-349, eff. 7-28-05.)
| ||||||
7 | Section 90-185. The Hospital Report Card Act is amended by | ||||||
8 | changing Section 10 as follows:
| ||||||
9 | (210 ILCS 86/10)
| ||||||
10 | Sec. 10. Definitions. For the purpose of this Act:
| ||||||
11 | "Average daily census" means the average number of | ||||||
12 | inpatients
receiving
service on any given 24-hour period | ||||||
13 | beginning at midnight in each clinical
service area of the
| ||||||
14 | hospital.
| ||||||
15 | "Clinical service area" means a grouping of clinical | ||||||
16 | services by a generic
class of
various types or levels of | ||||||
17 | support functions, equipment, care, or treatment
provided to
| ||||||
18 | inpatients. Hospitals may have, but are not required to have, | ||||||
19 | the following
categories of
service: behavioral health, | ||||||
20 | critical care, maternal-child care,
medical-surgical, | ||||||
21 | pediatrics,
perioperative services, and telemetry.
| ||||||
22 | "Department" means the Department of Public Health.
| ||||||
23 | "Direct-care nurse" and "direct-care nursing staff" | ||||||
24 | includes any registered
nurse,
licensed practical nurse, or |
| |||||||
| |||||||
1 | assistive nursing personnel with direct
responsibility to | ||||||
2 | oversee or
carry out medical regimens or nursing care for one | ||||||
3 | or more patient.
| ||||||
4 | "Hospital" means a health care facility licensed under the | ||||||
5 | Hospital Licensing
Act.
| ||||||
6 | "Nursing care" means care that falls within the scope of | ||||||
7 | practice set
forth in the
Nurse Practice Act
Nursing and | ||||||
8 | Advanced Practice Nursing Act or is otherwise encompassed | ||||||
9 | within
recognized
professional standards of nursing practice, | ||||||
10 | including assessment, nursing
diagnosis, planning,
| ||||||
11 | intervention, evaluation, and patient advocacy.
| ||||||
12 | "Retaliate" means to discipline, discharge, suspend, | ||||||
13 | demote,
harass, deny
employment or promotion, lay off, or take | ||||||
14 | any other adverse action against
direct-care
nursing staff as a | ||||||
15 | result of that nursing staff taking any action described in
| ||||||
16 | this
Act.
| ||||||
17 | "Skill mix" means the differences in licensing, specialty, | ||||||
18 | and experiences
among direct-care nurses.
| ||||||
19 | "Staffing levels" means the numerical nurse to patient | ||||||
20 | ratio by licensed
nurse
classification within a nursing | ||||||
21 | department or unit.
| ||||||
22 | "Unit" means a functional division or area of a hospital in | ||||||
23 | which nursing
care is
provided.
| ||||||
24 | (Source: P.A. 93-563, eff. 1-1-04.)
| ||||||
25 | Section 90-190. The Illinois Dental Practice Act is amended |
| |||||||
| |||||||
1 | by changing Section 4 as follows:
| ||||||
2 | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
4 | Sec. 4. Definitions. As used in this Act:
| ||||||
5 | (a) "Department" means the Illinois Department of | ||||||
6 | Professional Regulation.
| ||||||
7 | (b) "Director" means the Director of Professional | ||||||
8 | Regulation.
| ||||||
9 | (c) "Board" means the Board of Dentistry established by | ||||||
10 | Section 6 of this
Act.
| ||||||
11 | (d) "Dentist" means a person who has received a general | ||||||
12 | license pursuant
to paragraph (a) of Section 11 of this Act and | ||||||
13 | who may perform any intraoral
and extraoral procedure required | ||||||
14 | in the practice of dentistry and to whom is
reserved the | ||||||
15 | responsibilities specified in Section 17.
| ||||||
16 | (e) "Dental hygienist" means a person who holds a license | ||||||
17 | under this Act to
perform dental services as authorized by | ||||||
18 | Section 18.
| ||||||
19 | (f) "Dental assistant" means an appropriately trained | ||||||
20 | person
who, under the supervision of a dentist, provides dental | ||||||
21 | services
as authorized by Section 17.
| ||||||
22 | (g) "Dental laboratory" means a person, firm or corporation | ||||||
23 | which:
| ||||||
24 | (i) engages in making, providing, repairing or | ||||||
25 | altering dental
prosthetic appliances and other artificial |
| |||||||
| |||||||
1 | materials and devices which are
returned to a dentist for | ||||||
2 | insertion into the human oral cavity or which
come in | ||||||
3 | contact with its adjacent structures and tissues; and
| ||||||
4 | (ii) utilizes or employs a dental technician to provide | ||||||
5 | such services; and
| ||||||
6 | (iii) performs such functions only for a dentist or | ||||||
7 | dentists.
| ||||||
8 | (h) "Supervision" means supervision of a dental hygienist | ||||||
9 | or a dental
assistant requiring that a dentist authorize the | ||||||
10 | procedure, remain in the
dental facility while the procedure is | ||||||
11 | performed, and approve the work
performed by the dental | ||||||
12 | hygienist or dental assistant before dismissal of
the patient, | ||||||
13 | but does not mean that the dentist must be present at all
times | ||||||
14 | in the treatment room.
| ||||||
15 | (i) "General supervision" means supervision of a dental | ||||||
16 | hygienist
requiring that the patient be a patient of record,
| ||||||
17 | that the dentist
examine the patient in accordance with Section | ||||||
18 | 18 prior to treatment by the
dental hygienist, and that the
| ||||||
19 | dentist authorize the procedures which
are being carried
out by | ||||||
20 | a notation in the patient's record, but not requiring that a | ||||||
21 | dentist
be present when the authorized
procedures are being | ||||||
22 | performed. The
issuance of a prescription to a dental | ||||||
23 | laboratory by a
dentist does not constitute general | ||||||
24 | supervision.
| ||||||
25 | (j) "Public member" means a person who is not a health | ||||||
26 | professional.
For purposes of board membership, any person with |
| |||||||
| |||||||
1 | a significant financial
interest in a health service or | ||||||
2 | profession is not a public member.
| ||||||
3 | (k) "Dentistry" means the healing art which is concerned | ||||||
4 | with the
examination, diagnosis, treatment planning and care of | ||||||
5 | conditions within
the human oral cavity and its adjacent | ||||||
6 | tissues and structures, as further
specified in Section 17.
| ||||||
7 | (l) "Branches of dentistry" means the various specialties | ||||||
8 | of dentistry
which, for purposes of this Act, shall be limited | ||||||
9 | to the following:
endodontics, oral and maxillofacial surgery, | ||||||
10 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| ||||||
11 | periodontics, prosthodontics, and oral and maxillofacial
| ||||||
12 | radiology.
| ||||||
13 | (m) "Specialist" means a dentist who has received a | ||||||
14 | specialty license
pursuant to Section 11(b).
| ||||||
15 | (n) "Dental technician" means a person who owns, operates | ||||||
16 | or is
employed by a dental laboratory and engages in making, | ||||||
17 | providing, repairing
or altering dental prosthetic appliances | ||||||
18 | and other artificial materials and
devices which are returned | ||||||
19 | to a dentist for insertion into the human oral
cavity or which | ||||||
20 | come in contact with its adjacent structures and tissues.
| ||||||
21 | (o) "Impaired dentist" or "impaired dental hygienist" | ||||||
22 | means a dentist
or dental hygienist who is unable to practice | ||||||
23 | with
reasonable skill and safety because of a physical or | ||||||
24 | mental disability as
evidenced by a written determination or | ||||||
25 | written consent based on clinical
evidence, including | ||||||
26 | deterioration through the aging process, loss of motor
skills, |
| |||||||
| |||||||
1 | abuse of drugs or alcohol, or a psychiatric disorder, of | ||||||
2 | sufficient
degree to diminish the person's ability to deliver | ||||||
3 | competent patient care.
| ||||||
4 | (p) "Nurse" means a registered professional nurse, a | ||||||
5 | certified registered
nurse anesthetist licensed as an advanced | ||||||
6 | practice
nurse, or a licensed practical nurse licensed under | ||||||
7 | the Nurse Practice Act
Nursing and
Advanced Practice Nursing | ||||||
8 | Act .
| ||||||
9 | (q) "Patient of record" means a patient for whom the | ||||||
10 | patient's most recent
dentist has obtained
a
relevant medical | ||||||
11 | and dental history and on whom the dentist has performed an
| ||||||
12 | examination and evaluated the condition to be treated.
| ||||||
13 | (r) "Dental emergency responder" means a dentist or dental | ||||||
14 | hygienist who is appropriately certified in emergency medical | ||||||
15 | response, as defined by the Department of Public Health.
| ||||||
16 | (Source: P.A. 93-821, eff. 7-28-04; 94-409, eff. 12-31-05.)
| ||||||
17 | Section 90-195. The Health Care Worker Background Check Act | ||||||
18 | is amended by changing Section 25 as follows:
| ||||||
19 | (225 ILCS 46/25)
| ||||||
20 | Sec. 25. Persons ineligible to be hired by health care | ||||||
21 | employers and long-term care facilities.
| ||||||
22 | (a) After January 1, 1996, January 1, 1997, or the | ||||||
23 | effective date of this amendatory Act of the 94th General | ||||||
24 | Assembly, as applicable, no
health care employer shall |
| |||||||
| |||||||
1 | knowingly hire, employ, or retain any
individual in a position | ||||||
2 | with duties involving direct care for clients,
patients, or | ||||||
3 | residents, and no long-term care facility shall knowingly hire, | ||||||
4 | employ, or retain any individual in a position with duties that | ||||||
5 | involve or may involve contact with residents or access to the | ||||||
6 | living quarters or the financial, medical, or personal records | ||||||
7 | of residents, who has been convicted of committing or | ||||||
8 | attempting to
commit one or more of the offenses defined in | ||||||
9 | Sections 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, | ||||||
10 | 9-3.2, 9-3.3, 10-1, 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-6, | ||||||
11 | 11-9.1, 11-9.5, 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.1,
| ||||||
12 | 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, | ||||||
13 | 12-4.7, 12-7.4,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
14 | 12-19, 12-21, 12-21.6, 12-32,
12-33, 16-1, 16-1.3,
16A-3, 17-3, | ||||||
15 | 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1,
| ||||||
16 | 24-1, 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961; | ||||||
17 | those provided in
Section 4 of the Wrongs to Children Act; | ||||||
18 | those provided in Section 53 of the
Criminal Jurisprudence Act; | ||||||
19 | those defined in Section 5, 5.1, 5.2, 7, or 9 of
the Cannabis | ||||||
20 | Control Act; those defined in the Methamphetamine Control and | ||||||
21 | Community Protection Act; or those defined in Sections 401, | ||||||
22 | 401.1, 404, 405,
405.1, 407, or 407.1 of the Illinois | ||||||
23 | Controlled Substances Act, unless the
applicant or employee | ||||||
24 | obtains a waiver pursuant to Section 40.
| ||||||
25 | (a-1) After January 1, 2004, no health care employer shall | ||||||
26 | knowingly hire
any individual in a position with duties |
| |||||||
| |||||||
1 | involving direct care for clients,
patients, or residents, and | ||||||
2 | no long-term care facility shall knowingly hire any individual | ||||||
3 | in a position with duties that involve or may involve contact | ||||||
4 | with residents or access to the living quarters or the | ||||||
5 | financial, medical, or personal records of residents, who has | ||||||
6 | (i) been convicted of committing or attempting
to commit one or | ||||||
7 | more of the offenses defined in Section 12-3.3, 12-4.2-5,
16-2, | ||||||
8 | 16G-15, 16G-20, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, | ||||||
9 | 24-3.2, or 24-3.3
of the Criminal Code of 1961; Section 4, 5, | ||||||
10 | 6, 8, or 17.02 of the Illinois
Credit Card and Debit Card Act; | ||||||
11 | or Section 5.1 of the Wrongs to Children Act;
or (ii) violated | ||||||
12 | Section 5-50 of the Nurse Practice Act
Section 10-5 of the | ||||||
13 | Nursing and Advanced Practice Nursing Act .
| ||||||
14 | A UCIA criminal history record check need not be redone for | ||||||
15 | health care
employees who have been continuously employed by a | ||||||
16 | health care employer since
January 1, 2004, but nothing in this | ||||||
17 | Section prohibits a health care employer
from initiating a | ||||||
18 | criminal history check for these employees.
| ||||||
19 | A health care employer is not required to retain an | ||||||
20 | individual in a position
with duties involving direct care for | ||||||
21 | clients, patients, or residents, and no long-term care facility | ||||||
22 | is required to retain an individual in a position with duties | ||||||
23 | that involve or may involve contact with residents or access to | ||||||
24 | the living quarters or the financial, medical, or personal | ||||||
25 | records of residents, who has
been convicted of committing or | ||||||
26 | attempting to commit one or more of
the offenses enumerated in |
| |||||||
| |||||||
1 | this subsection.
| ||||||
2 | (b) A health care employer shall not hire, employ, or | ||||||
3 | retain any
individual in a position with duties involving | ||||||
4 | direct care of clients,
patients, or residents, and no | ||||||
5 | long-term care facility shall knowingly hire, employ, or retain | ||||||
6 | any individual in a position with duties that involve or may | ||||||
7 | involve contact with residents or access to the living quarters | ||||||
8 | or the financial, medical, or personal records of residents, if | ||||||
9 | the health care employer becomes aware that the
individual has | ||||||
10 | been convicted in another state of committing or attempting to
| ||||||
11 | commit an offense that has the same or similar elements as an | ||||||
12 | offense listed in
subsection (a) or (a-1), as verified by court | ||||||
13 | records, records from a state
agency, or an FBI criminal | ||||||
14 | history record check. This shall not be construed to
mean that | ||||||
15 | a health care employer has an obligation to conduct a criminal
| ||||||
16 | history records check in other states in which an employee has | ||||||
17 | resided.
| ||||||
18 | (Source: P.A. 93-224, eff. 7-18-03; 94-556, eff. 9-11-05; | ||||||
19 | 94-665, eff. 1-1-06; 94-1053, eff. 7-24-06.)
| ||||||
20 | Section 90-200. The Health Care Worker Self-Referral Act is | ||||||
21 | amended by changing Section 15 as follows:
| ||||||
22 | (225 ILCS 47/15)
| ||||||
23 | Sec. 15. Definitions. In this Act:
| ||||||
24 | (a) "Board" means the Health Facilities Planning Board.
|
| |||||||
| |||||||
1 | (b) "Entity" means any individual, partnership, firm, | ||||||
2 | corporation, or
other business that provides health services | ||||||
3 | but does not include an
individual who is a health care worker | ||||||
4 | who provides professional services
to an individual.
| ||||||
5 | (c) "Group practice" means a group of 2 or more health care | ||||||
6 | workers
legally organized as a partnership, professional | ||||||
7 | corporation,
not-for-profit corporation, faculty
practice plan | ||||||
8 | or a similar association in which:
| ||||||
9 | (1) each health care worker who is a member or employee | ||||||
10 | or an
independent contractor of the group provides
| ||||||
11 | substantially the full range of services that the health | ||||||
12 | care worker
routinely provides, including consultation, | ||||||
13 | diagnosis, or treatment,
through the use of office space, | ||||||
14 | facilities, equipment, or personnel of the
group;
| ||||||
15 | (2) the services of the health care workers
are | ||||||
16 | provided through the group, and payments received for | ||||||
17 | health
services are treated as receipts of the group; and
| ||||||
18 | (3) the overhead expenses and the income from the | ||||||
19 | practice are
distributed by methods previously determined | ||||||
20 | by the group.
| ||||||
21 | (d) "Health care worker" means any individual licensed | ||||||
22 | under the laws of
this State to provide health services, | ||||||
23 | including but not limited to:
dentists licensed under the | ||||||
24 | Illinois Dental Practice Act; dental hygienists
licensed under | ||||||
25 | the Illinois Dental Practice Act; nurses and advanced practice
| ||||||
26 | nurses licensed under the Nurse Practice Act
Nursing and |
| |||||||
| |||||||
1 | Advanced Practice Nursing Act ;
occupational therapists | ||||||
2 | licensed under
the
Illinois Occupational Therapy Practice Act; | ||||||
3 | optometrists licensed under the
Illinois Optometric Practice | ||||||
4 | Act of 1987; pharmacists licensed under the
Pharmacy Practice | ||||||
5 | Act of 1987; physical therapists licensed under the
Illinois | ||||||
6 | Physical Therapy Act; physicians licensed under the Medical
| ||||||
7 | Practice Act of 1987; physician assistants licensed under the | ||||||
8 | Physician
Assistant Practice Act of 1987; podiatrists licensed | ||||||
9 | under the Podiatric
Medical Practice Act of 1987; clinical | ||||||
10 | psychologists licensed under the
Clinical Psychologist | ||||||
11 | Licensing Act; clinical social workers licensed under
the | ||||||
12 | Clinical Social Work and Social Work Practice Act; | ||||||
13 | speech-language
pathologists and audiologists licensed under | ||||||
14 | the Illinois Speech-Language
Pathology and Audiology Practice | ||||||
15 | Act; or hearing instrument
dispensers licensed
under the | ||||||
16 | Hearing Instrument Consumer Protection Act, or any of
their | ||||||
17 | successor Acts.
| ||||||
18 | (e) "Health services" means health care procedures and | ||||||
19 | services
provided by or through a health care worker.
| ||||||
20 | (f) "Immediate family member" means a health care worker's | ||||||
21 | spouse,
child, child's spouse, or a parent.
| ||||||
22 | (g) "Investment interest" means an equity or debt security | ||||||
23 | issued by an
entity, including, without limitation, shares of | ||||||
24 | stock in a corporation,
units or other interests in a | ||||||
25 | partnership, bonds, debentures, notes, or
other equity | ||||||
26 | interests or debt instruments except that investment interest
|
| |||||||
| |||||||
1 | for purposes of Section 20 does not include interest in a | ||||||
2 | hospital licensed
under the laws of the State of Illinois.
| ||||||
3 | (h) "Investor" means an individual or entity directly or | ||||||
4 | indirectly
owning a legal or beneficial ownership or investment | ||||||
5 | interest, (such as
through an immediate family member, trust, | ||||||
6 | or another entity related to the investor).
| ||||||
7 | (i) "Office practice" includes the facility or facilities | ||||||
8 | at which a health
care worker, on an ongoing basis, provides or | ||||||
9 | supervises the provision of
professional health services to | ||||||
10 | individuals.
| ||||||
11 | (j) "Referral" means any referral of a patient for health | ||||||
12 | services,
including, without limitation:
| ||||||
13 | (1) The forwarding of a patient by one health care | ||||||
14 | worker to another
health care worker or to an entity | ||||||
15 | outside the health care worker's office
practice or group | ||||||
16 | practice that provides health services.
| ||||||
17 | (2) The request or establishment by a health care
| ||||||
18 | worker of a plan of care outside the health care worker's | ||||||
19 | office practice
or group practice
that includes the | ||||||
20 | provision of any health services.
| ||||||
21 | (Source: P.A. 89-72, eff. 12-31-95; 90-742, eff. 8-13-98.)
| ||||||
22 | Section 90-205. The Medical Practice Act of 1987 is amended | ||||||
23 | by changing Section 54.5 as follows:
| ||||||
24 | (225 ILCS 60/54.5)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on December 31, 2008)
| ||||||
2 | Sec. 54.5. Physician delegation of authority.
| ||||||
3 | (a) Physicians licensed to practice medicine in all its
| ||||||
4 | branches may delegate care and treatment responsibilities to a
| ||||||
5 | physician assistant under guidelines in accordance with the
| ||||||
6 | requirements of the Physician Assistant Practice Act of
1987. A | ||||||
7 | physician licensed to practice medicine in all its
branches may | ||||||
8 | enter into supervising physician agreements with
no more than 2 | ||||||
9 | physician assistants.
| ||||||
10 | (b) A physician licensed to practice medicine in all its
| ||||||
11 | branches in active clinical practice may collaborate with an | ||||||
12 | advanced practice
nurse in accordance with the requirements of | ||||||
13 | the Nurse Practice Act
Title 15 of
the Nursing and Advanced | ||||||
14 | Practice Nursing Act . Collaboration
is for the purpose of | ||||||
15 | providing medical direction,
and no employment relationship is | ||||||
16 | required. A
written collaborative agreement shall
conform to | ||||||
17 | the requirements of Section 10-120 of the Nurse Practice Act
| ||||||
18 | Sections 15-15 and 15-20
of the Nursing and
Advanced Practice | ||||||
19 | Nursing Act . The written collaborative agreement shall
be for
| ||||||
20 | services the collaborating physician generally provides to
his | ||||||
21 | or her patients in the normal course of clinical medical | ||||||
22 | practice.
Physician medical direction shall be adequate with | ||||||
23 | respect to collaboration
with certified nurse practitioners, | ||||||
24 | certified nurse midwives, and clinical
nurse
specialists if a | ||||||
25 | collaborating physician:
| ||||||
26 | (1) participates in the joint formulation and joint |
| |||||||
| |||||||
1 | approval of orders or
guidelines with the advanced practice | ||||||
2 | nurse and periodically reviews such
orders and the services
| ||||||
3 | provided patients under such orders in accordance with | ||||||
4 | accepted standards of
medical practice and advanced | ||||||
5 | practice nursing practice;
| ||||||
6 | (2) is on site at least once a month to provide medical | ||||||
7 | direction and
consultation; and
| ||||||
8 | (3) is available through telecommunications for | ||||||
9 | consultation on medical
problems, complications, or | ||||||
10 | emergencies or patient referral.
| ||||||
11 | (b-5) An anesthesiologist or physician licensed to | ||||||
12 | practice medicine in
all its branches may collaborate with a | ||||||
13 | certified registered nurse anesthetist
in accordance with the | ||||||
14 | Nurse Practice Act
Section 15-25 of the Nursing and Advanced | ||||||
15 | Practice Nursing
Act . Medical direction for a certified | ||||||
16 | registered nurse anesthetist shall be
adequate if:
| ||||||
17 | (1) an anesthesiologist or a physician
participates in | ||||||
18 | the joint formulation and joint approval of orders or
| ||||||
19 | guidelines and periodically reviews such orders and the | ||||||
20 | services provided
patients under such orders; and
| ||||||
21 | (2) for anesthesia services, the anesthesiologist
or | ||||||
22 | physician participates through discussion of and agreement | ||||||
23 | with the
anesthesia plan and is physically present and | ||||||
24 | available on the premises during
the delivery of anesthesia | ||||||
25 | services for
diagnosis, consultation, and treatment of | ||||||
26 | emergency medical conditions.
Anesthesia services in a |
| |||||||
| |||||||
1 | hospital shall be conducted in accordance with
Section 10.7 | ||||||
2 | of the Hospital Licensing Act and in an ambulatory surgical
| ||||||
3 | treatment center in accordance with Section 6.5 of the | ||||||
4 | Ambulatory Surgical
Treatment Center Act.
| ||||||
5 | (b-10) The anesthesiologist or operating physician must | ||||||
6 | agree with the
anesthesia plan prior to the delivery of | ||||||
7 | services.
| ||||||
8 | (c) The supervising physician shall have access to the
| ||||||
9 | medical records of all patients attended by a physician
| ||||||
10 | assistant. The collaborating physician shall have access to
the | ||||||
11 | medical records of all patients attended to by an
advanced | ||||||
12 | practice nurse.
| ||||||
13 | (d) Nothing in this Act
shall be construed to limit the | ||||||
14 | delegation of
tasks or duties by a physician licensed to | ||||||
15 | practice medicine
in all its branches to a licensed practical | ||||||
16 | nurse, a registered professional
nurse, or other personnel.
| ||||||
17 | (e) A physician shall not be liable for the acts or
| ||||||
18 | omissions of a physician assistant or advanced practice
nurse | ||||||
19 | solely on the basis of having signed a
supervision agreement or | ||||||
20 | guidelines or a collaborative
agreement, an order, a standing | ||||||
21 | medical order, a
standing delegation order, or other order or | ||||||
22 | guideline
authorizing a physician assistant or advanced | ||||||
23 | practice
nurse to perform acts, unless the physician has
reason | ||||||
24 | to believe the physician assistant or advanced
practice nurse | ||||||
25 | lacked the competency to perform
the act or acts or commits | ||||||
26 | willful and wanton misconduct.
|
| |||||||
| |||||||
1 | (Source: P.A. 90-742, eff. 8-13-98; 91-414, eff. 8-6-99 .)
| ||||||
2 | Section 90-210. The Nursing Home Administrators Licensing | ||||||
3 | and Disciplinary Act is amended by changing Section 4 as | ||||||
4 | follows:
| ||||||
5 | (225 ILCS 70/4) (from Ch. 111, par. 3654)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
7 | Sec. 4. Definitions. For purposes of this Act, the | ||||||
8 | following
definitions shall have the following meanings, | ||||||
9 | except where the context
requires otherwise:
| ||||||
10 | (1) "Act" means the Nursing Home Administrators | ||||||
11 | Licensing and
Disciplinary Act.
| ||||||
12 | (2) "Department" means the Department of Professional
| ||||||
13 | Regulation.
| ||||||
14 | (3) "Director" means the Director of Professional
| ||||||
15 | Regulation.
| ||||||
16 | (4) "Board" means the Nursing Home Administrators | ||||||
17 | Licensing
and Disciplinary Board appointed by the | ||||||
18 | Governor.
| ||||||
19 | (5) "Nursing home administrator" means the individual | ||||||
20 | licensed
under this
Act and directly responsible for | ||||||
21 | planning, organizing, directing and
supervising the | ||||||
22 | operation of a nursing home, or who in fact performs such
| ||||||
23 | functions, whether or not such functions are delegated to | ||||||
24 | one or more
other persons.
|
| |||||||
| |||||||
1 | (6) "Nursing home" or "facility" means any entity that | ||||||
2 | is required to be
licensed by the Department of Public | ||||||
3 | Health under the Nursing Home
Care Act, as amended, other | ||||||
4 | than a sheltered care home as
defined thereunder, and | ||||||
5 | includes private homes, institutions,
buildings,
| ||||||
6 | residences, or other places, whether operated for profit or | ||||||
7 | not,
irrespective of the names attributed to them, county | ||||||
8 | homes for the infirm
and chronically ill operated pursuant | ||||||
9 | to the County Nursing Home Act, as
amended, and any similar | ||||||
10 | institutions operated by a political subdivision
of the | ||||||
11 | State of Illinois that provide, though their ownership or
| ||||||
12 | management, maintenance, personal care, and nursing for 3 | ||||||
13 | or more persons,
not related to the owner by blood or | ||||||
14 | marriage, or any similar facilities in
which maintenance is | ||||||
15 | provided to 3 or more persons who by reason of illness
of | ||||||
16 | physical infirmity require personal care and nursing.
| ||||||
17 | (7) "Maintenance" means food, shelter and laundry.
| ||||||
18 | (8) "Personal care" means assistance with meals, | ||||||
19 | dressing,
movement,
bathing, or other personal needs, or | ||||||
20 | general supervision of
the physical and
mental well-being | ||||||
21 | of an individual who because of age, physical, or mental
| ||||||
22 | disability, emotion or behavior disorder, or mental | ||||||
23 | retardation is
incapable of managing his or her person, | ||||||
24 | whether or not a guardian has been
appointed for such | ||||||
25 | individual. For the purposes of this Act, this
definition | ||||||
26 | does not include the professional services of a nurse.
|
| |||||||
| |||||||
1 | (9) "Nursing" means professional nursing or practical | ||||||
2 | nursing,
as those terms are defined in the Nurse Practice | ||||||
3 | Act
Nursing and Advanced Practice Nursing Act ,
for sick or | ||||||
4 | infirm persons who are under the care
and supervision of | ||||||
5 | licensed physicians or dentists.
| ||||||
6 | (10) "Disciplinary action" means revocation, | ||||||
7 | suspension,
probation, supervision, reprimand, required | ||||||
8 | education, fines or
any other action taken by the | ||||||
9 | Department against a person holding a
license.
| ||||||
10 | (11) "Impaired" means the inability to practice with
| ||||||
11 | reasonable skill and
safety due to physical or mental | ||||||
12 | disabilities as evidenced by a written
determination or | ||||||
13 | written consent based on clinical evidence including
| ||||||
14 | deterioration through the aging process or loss of motor | ||||||
15 | skill, or abuse of
drugs or alcohol, of sufficient degree | ||||||
16 | to diminish a person's ability to
administer a nursing | ||||||
17 | home.
| ||||||
18 | (Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
| ||||||
19 | Section 90-215. The Pharmacy Practice Act of 1987 is | ||||||
20 | amended by changing Section 4 as follows:
| ||||||
21 | (225 ILCS 85/4) (from Ch. 111, par. 4124)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
23 | Sec. 4. Exemptions. Nothing contained in any Section of | ||||||
24 | this Act shall
apply
to, or in any manner interfere with:
|
| |||||||
| |||||||
1 | (a) the lawful practice of any physician licensed to | ||||||
2 | practice medicine in
all of its branches, dentist, podiatrist,
| ||||||
3 | veterinarian, or therapeutically or diagnostically certified | ||||||
4 | optometrist within
the limits of
his or her license, or prevent | ||||||
5 | him or her from
supplying to his
or her
bona fide patients
such | ||||||
6 | drugs, medicines, or poisons as may seem to him appropriate;
| ||||||
7 | (b) the sale of compressed gases;
| ||||||
8 | (c) the sale of patent or proprietary medicines and | ||||||
9 | household remedies
when sold in original and unbroken packages | ||||||
10 | only, if such patent or
proprietary medicines and household | ||||||
11 | remedies be properly and adequately
labeled as to content and | ||||||
12 | usage and generally considered and accepted
as harmless and | ||||||
13 | nonpoisonous when used according to the directions
on the | ||||||
14 | label, and also do not contain opium or coca leaves, or any
| ||||||
15 | compound, salt or derivative thereof, or any drug which, | ||||||
16 | according
to the latest editions of the following authoritative | ||||||
17 | pharmaceutical
treatises and standards, namely, The United | ||||||
18 | States Pharmacopoeia/National
Formulary (USP/NF), the United | ||||||
19 | States Dispensatory, and the Accepted
Dental Remedies of the | ||||||
20 | Council of Dental Therapeutics of the American
Dental | ||||||
21 | Association or any or either of them, in use on the effective
| ||||||
22 | date of this Act, or according to the existing provisions of | ||||||
23 | the Federal
Food, Drug, and Cosmetic Act and Regulations of the | ||||||
24 | Department of Health
and Human Services, Food and Drug | ||||||
25 | Administration, promulgated thereunder
now in effect, is | ||||||
26 | designated, described or considered as a narcotic,
hypnotic, |
| |||||||
| |||||||
1 | habit forming, dangerous, or poisonous drug;
| ||||||
2 | (d) the sale of poultry and livestock remedies in original | ||||||
3 | and unbroken
packages only, labeled for poultry and livestock | ||||||
4 | medication;
| ||||||
5 | (e) the sale of poisonous substances or mixture of | ||||||
6 | poisonous substances,
in unbroken packages, for nonmedicinal | ||||||
7 | use in the arts or industries
or for insecticide purposes; | ||||||
8 | provided, they are properly and adequately
labeled as to | ||||||
9 | content and such nonmedicinal usage, in conformity
with the | ||||||
10 | provisions of all applicable federal, state and local laws
and | ||||||
11 | regulations promulgated thereunder now in effect relating | ||||||
12 | thereto
and governing the same, and those which are required | ||||||
13 | under such applicable
laws and regulations to be labeled with | ||||||
14 | the word "Poison", are also labeled
with the word "Poison" | ||||||
15 | printed
thereon in prominent type and the name of a readily | ||||||
16 | obtainable antidote
with directions for its administration;
| ||||||
17 | (f) the delegation of limited prescriptive authority by a | ||||||
18 | physician
licensed to
practice medicine in all its branches to | ||||||
19 | a physician assistant
under Section 7.5 of the Physician | ||||||
20 | Assistant Practice Act of 1987. This
delegated authority may | ||||||
21 | but is not required to include prescription of
Schedule III, | ||||||
22 | IV, or V controlled substances, as defined in Article II of the
| ||||||
23 | Illinois Controlled Substances Act, in accordance with written | ||||||
24 | guidelines
under Section 7.5 of the Physician Assistant | ||||||
25 | Practice Act of 1987; and
| ||||||
26 | (g) The delegation of limited prescriptive authority by a |
| |||||||
| |||||||
1 | physician
licensed to practice medicine in all its branches to | ||||||
2 | an advanced practice
nurse in accordance with a written | ||||||
3 | collaborative
agreement under Section 10-120 of the Nurse | ||||||
4 | Practice Act
Sections 15-15 and 15-20 of the Nursing and | ||||||
5 | Advanced
Practice Nursing Act . This delegated authority may but | ||||||
6 | is not required to
include the prescription of Schedule III, | ||||||
7 | IV, or V controlled substances as
defined
in Article II of the | ||||||
8 | Illinois Controlled Substances Act.
| ||||||
9 | (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
| ||||||
10 | 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
| ||||||
11 | Section 90-220. The Illinois Physical Therapy Act is | ||||||
12 | amended by changing Section 1 as follows:
| ||||||
13 | (225 ILCS 90/1) (from Ch. 111, par. 4251)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
15 | Sec. 1. Definitions. As used in this Act:
| ||||||
16 | (1) "Physical therapy" means all of the following: | ||||||
17 | (A) Examining, evaluating, and testing individuals who | ||||||
18 | may have mechanical, physiological, or developmental | ||||||
19 | impairments, functional limitations, disabilities, or | ||||||
20 | other health and movement-related conditions, classifying | ||||||
21 | these disorders, determining a rehabilitation prognosis | ||||||
22 | and plan of therapeutic intervention, and assessing the | ||||||
23 | on-going effects of the interventions. | ||||||
24 | (B) Alleviating impairments, functional limitations, |
| |||||||
| |||||||
1 | or disabilities by designing, implementing, and modifying | ||||||
2 | therapeutic interventions that may include, but are not | ||||||
3 | limited to, the evaluation or treatment of a person through | ||||||
4 | the use of the effective properties of physical measures | ||||||
5 | and heat, cold, light, water, radiant energy, electricity, | ||||||
6 | sound, and air and use of therapeutic massage, therapeutic | ||||||
7 | exercise, mobilization, and rehabilitative procedures, | ||||||
8 | with or without assistive devices, for the purposes of | ||||||
9 | preventing, correcting, or alleviating a physical or | ||||||
10 | mental impairment, functional limitation, or disability. | ||||||
11 | (C) Reducing the risk of injury, impairment, | ||||||
12 | functional limitation, or disability, including the | ||||||
13 | promotion and maintenance of fitness, health, and | ||||||
14 | wellness. | ||||||
15 | (D) Engaging in administration, consultation, | ||||||
16 | education, and research.
| ||||||
17 | Physical therapy
includes, but is not limited to: (a) | ||||||
18 | performance
of specialized tests and measurements, (b) | ||||||
19 | administration of specialized
treatment procedures, (c) | ||||||
20 | interpretation of referrals from physicians, dentists, | ||||||
21 | advanced practice nurses, physician assistants,
and | ||||||
22 | podiatrists, (d) establishment, and modification of physical | ||||||
23 | therapy
treatment programs, (e) administration of topical | ||||||
24 | medication used in generally
accepted physical therapy | ||||||
25 | procedures when such medication is prescribed
by the patient's | ||||||
26 | physician, licensed to practice medicine in all its branches,
|
| |||||||
| |||||||
1 | the patient's physician licensed to practice podiatric | ||||||
2 | medicine, the patient's advanced practice nurse, the patient's | ||||||
3 | physician assistant, or the
patient's dentist, and (f) | ||||||
4 | supervision or teaching of physical therapy.
Physical therapy | ||||||
5 | does not include radiology, electrosurgery, chiropractic
| ||||||
6 | technique or determination of a differential
diagnosis; | ||||||
7 | provided, however,
the limitation on determining a | ||||||
8 | differential diagnosis shall not in any
manner limit a physical | ||||||
9 | therapist licensed under this Act from performing
an evaluation | ||||||
10 | pursuant to such license. Nothing in this Section shall limit
a | ||||||
11 | physical therapist from employing appropriate physical therapy | ||||||
12 | techniques
that he or she is educated and licensed to perform. | ||||||
13 | A physical therapist
shall refer to a licensed physician, | ||||||
14 | advanced practice nurse, physician assistant, dentist, or | ||||||
15 | podiatrist any patient
whose medical condition should, at the | ||||||
16 | time of evaluation or treatment, be
determined to be beyond the | ||||||
17 | scope of practice of the physical therapist.
| ||||||
18 | (2) "Physical therapist" means a person who practices | ||||||
19 | physical therapy
and who has met all requirements as provided | ||||||
20 | in this Act.
| ||||||
21 | (3) "Department" means the Department of Professional | ||||||
22 | Regulation.
| ||||||
23 | (4) "Director" means the Director of Professional | ||||||
24 | Regulation.
| ||||||
25 | (5) "Board" means the Physical Therapy Licensing and | ||||||
26 | Disciplinary Board approved
by the Director.
|
| |||||||
| |||||||
1 | (6) "Referral" means a written or oral authorization for | ||||||
2 | physical therapy services for a patient by a physician, | ||||||
3 | dentist, advanced practice nurse, physician assistant, or | ||||||
4 | podiatrist who maintains medical supervision of the patient and | ||||||
5 | makes a diagnosis or verifies that the patient's condition is | ||||||
6 | such that it may be treated by a physical therapist.
| ||||||
7 | (7) "Documented current and relevant diagnosis" for the | ||||||
8 | purpose of
this Act means a diagnosis, substantiated by | ||||||
9 | signature or oral verification
of a physician, dentist, | ||||||
10 | advanced practice nurse, physician assistant, or podiatrist, | ||||||
11 | that a patient's condition is such
that it may be treated by | ||||||
12 | physical therapy as defined in this Act, which
diagnosis shall | ||||||
13 | remain in effect until changed by the physician, dentist, | ||||||
14 | advanced practice nurse, physician assistant,
or podiatrist.
| ||||||
15 | (8) "State" includes:
| ||||||
16 | (a) the states of the United States of America;
| ||||||
17 | (b) the District of Columbia; and
| ||||||
18 | (c) the Commonwealth of Puerto Rico.
| ||||||
19 | (9) "Physical therapist assistant" means a person licensed | ||||||
20 | to assist a
physical therapist and who has met all requirements | ||||||
21 | as provided in this Act
and who works under the supervision of | ||||||
22 | a licensed physical therapist to assist
in implementing the | ||||||
23 | physical therapy treatment program as established by the
| ||||||
24 | licensed physical therapist. The patient care activities | ||||||
25 | provided by the
physical therapist assistant shall not include | ||||||
26 | the interpretation of referrals,
evaluation procedures, or the |
| |||||||
| |||||||
1 | planning or major modification of patient programs.
| ||||||
2 | (10) "Physical therapy aide" means a person who has | ||||||
3 | received on
the job training, specific to the facility in which | ||||||
4 | he is employed, but who
has not completed an approved physical | ||||||
5 | therapist assistant program.
| ||||||
6 | (11) "Advanced practice nurse" means a person licensed | ||||||
7 | under the Nurse Practice Act
Nursing and Advanced Practice | ||||||
8 | Nursing Act who has a collaborative agreement with a | ||||||
9 | collaborating physician that authorizes referrals to physical | ||||||
10 | therapists. | ||||||
11 | (12) "Physician assistant" means a person licensed under | ||||||
12 | the Physician Assistant Practice Act of 1987 who has been | ||||||
13 | delegated authority to make referrals to physical therapists.
| ||||||
14 | (Source: P.A. 93-1010, eff. 8-24-04; 94-651, eff. 1-1-06.)
| ||||||
15 | Section 90-225. The Respiratory Care Practice Act is | ||||||
16 | amended by changing Section 10 as follows:
| ||||||
17 | (225 ILCS 106/10)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
19 | Sec. 10. Definitions. In this Act:
| ||||||
20 | "Advanced practice nurse" means an advanced practice nurse | ||||||
21 | licensed under the Nurse Practice Act
Nursing and Advanced | ||||||
22 | Practice Nursing Act .
| ||||||
23 | "Board" means the Respiratory Care Board appointed by the | ||||||
24 | Director. |
| |||||||
| |||||||
1 | "Basic respiratory care activities" means and includes all | ||||||
2 | of the following activities: | ||||||
3 | (1) Cleaning, disinfecting, and sterilizing equipment | ||||||
4 | used in the practice of respiratory care as delegated by a | ||||||
5 | licensed health care professional or other authorized | ||||||
6 | licensed personnel. | ||||||
7 | (2) Assembling equipment used in the practice of | ||||||
8 | respiratory care as delegated by a licensed health care | ||||||
9 | professional or other authorized licensed personnel. | ||||||
10 | (3) Collecting and reviewing patient data through | ||||||
11 | non-invasive means, provided that the collection and | ||||||
12 | review does not include the individual's interpretation of | ||||||
13 | the clinical significance of the data. Collecting and | ||||||
14 | reviewing patient data includes the performance of pulse | ||||||
15 | oximetry and non-invasive monitoring procedures in order | ||||||
16 | to obtain vital signs and notification to licensed health | ||||||
17 | care professionals and other authorized licensed personnel | ||||||
18 | in a timely manner. | ||||||
19 | (4) Maintaining a nasal cannula or face mask for oxygen | ||||||
20 | therapy in the proper position on the patient's face. | ||||||
21 | (5) Assembling a nasal cannula or face mask for oxygen | ||||||
22 | therapy at patient bedside in preparation for use. | ||||||
23 | (6) Maintaining a patient's natural airway by | ||||||
24 | physically manipulating the jaw and neck, suctioning the | ||||||
25 | oral cavity, or suctioning the mouth or nose with a bulb | ||||||
26 | syringe. |
| |||||||
| |||||||
1 | (7) Performing assisted ventilation during emergency | ||||||
2 | resuscitation using a manual resuscitator. | ||||||
3 | (8) Using a manual resuscitator at the direction of a | ||||||
4 | licensed health care professional or other authorized | ||||||
5 | licensed personnel who is present and performing routine | ||||||
6 | airway suctioning. These activities do not include care of | ||||||
7 | a patient's artificial airway or the adjustment of | ||||||
8 | mechanical ventilator settings while a patient is | ||||||
9 | connected to the ventilator.
| ||||||
10 | "Basic respiratory care activities" does not mean activities | ||||||
11 | that involve any of the following:
| ||||||
12 | (1) Specialized knowledge that results from a course of | ||||||
13 | education or training in respiratory care. | ||||||
14 | (2) An unreasonable risk of a negative outcome for the | ||||||
15 | patient. | ||||||
16 | (3) The assessment or making of a decision concerning | ||||||
17 | patient care. | ||||||
18 | (4) The administration of aerosol medication or | ||||||
19 | oxygen. | ||||||
20 | (5) The insertion and maintenance of an artificial | ||||||
21 | airway. | ||||||
22 | (6) Mechanical ventilatory support. | ||||||
23 | (7) Patient assessment. | ||||||
24 | (8) Patient education.
| ||||||
25 | "Department" means the Department of Professional | ||||||
26 | Regulation.
|
| |||||||
| |||||||
1 | "Director" means the Director of
Professional Regulation.
| ||||||
2 | "Licensed" means that which is required to hold oneself
out | ||||||
3 | as
a respiratory care
practitioner as defined in this Act.
| ||||||
4 | "Licensed health care professional" means a physician | ||||||
5 | licensed to practice medicine in all its branches, an advanced | ||||||
6 | practice nurse who has a written collaborative agreement with a | ||||||
7 | collaborating physician that authorizes the advanced practice | ||||||
8 | nurse to transmit orders to a respiratory care practitioner, or | ||||||
9 | a physician assistant who has been delegated the authority to | ||||||
10 | transmit orders to a respiratory care practitioner by his or | ||||||
11 | her supervising physician.
| ||||||
12 | "Order" means a written, oral, or telecommunicated | ||||||
13 | authorization for respiratory care services for a patient by | ||||||
14 | (i) a licensed health care professional who maintains medical | ||||||
15 | supervision of the patient and makes a diagnosis or verifies | ||||||
16 | that the patient's condition is such that it may be treated by | ||||||
17 | a respiratory care practitioner or (ii) a certified registered | ||||||
18 | nurse anesthetist in a licensed hospital or ambulatory surgical | ||||||
19 | treatment center.
| ||||||
20 | "Other authorized licensed personnel" means a licensed | ||||||
21 | respiratory care practitioner, a licensed registered nurse, or | ||||||
22 | a licensed practical nurse whose scope of practice authorizes | ||||||
23 | the professional to supervise an individual who is not | ||||||
24 | licensed, certified, or registered as a health professional. | ||||||
25 | "Proximate supervision" means a situation in which an | ||||||
26 | individual is
responsible for directing the actions of another |
| |||||||
| |||||||
1 | individual in the facility and is physically close enough to be | ||||||
2 | readily available, if needed, by the supervised individual.
| ||||||
3 | "Respiratory care" and "cardiorespiratory care"
mean | ||||||
4 | preventative services, evaluation and assessment services, | ||||||
5 | therapeutic services, and rehabilitative services under the | ||||||
6 | order of a licensed health care professional or a certified | ||||||
7 | registered nurse anesthetist in a licensed hospital for an | ||||||
8 | individual with a disorder, disease, or abnormality of the | ||||||
9 | cardiopulmonary system. These terms include, but are not | ||||||
10 | limited to, measuring, observing, assessing, and monitoring | ||||||
11 | signs and symptoms, reactions, general behavior, and general | ||||||
12 | physical response of individuals to respiratory care services, | ||||||
13 | including the determination of whether those signs, symptoms, | ||||||
14 | reactions, behaviors, or general physical responses exhibit | ||||||
15 | abnormal characteristics; the administration of | ||||||
16 | pharmacological and therapeutic agents related to respiratory | ||||||
17 | care services; the collection of blood specimens and other | ||||||
18 | bodily fluids and tissues for, and the performance of, | ||||||
19 | cardiopulmonary diagnostic testing procedures, including, but | ||||||
20 | not limited to, blood gas analysis; development, | ||||||
21 | implementation, and modification of respiratory care treatment | ||||||
22 | plans based on assessed abnormalities of the cardiopulmonary | ||||||
23 | system, respiratory care guidelines, referrals, and orders of a | ||||||
24 | licensed health care professional; application, operation, and | ||||||
25 | management of mechanical ventilatory support and other means of | ||||||
26 | life support; and the initiation of emergency procedures under |
| |||||||
| |||||||
1 | the rules promulgated by the Department. A respiratory care | ||||||
2 | practitioner shall refer to a physician licensed to practice | ||||||
3 | medicine in all its branches any patient whose condition, at | ||||||
4 | the time of evaluation or treatment, is determined to be beyond | ||||||
5 | the scope of practice of the respiratory care practitioner.
| ||||||
6 | "Respiratory care education program" means a course of | ||||||
7 | academic study leading
to eligibility for registry or | ||||||
8 | certification in respiratory care. The training
is to be | ||||||
9 | approved by an accrediting agency recognized by the Board and | ||||||
10 | shall
include an evaluation of competence through a | ||||||
11 | standardized testing mechanism
that is determined by the Board | ||||||
12 | to be both valid and reliable.
| ||||||
13 | "Respiratory care practitioner" means a person who is | ||||||
14 | licensed by the
Department of Professional Regulation and meets | ||||||
15 | all of the following
criteria:
| ||||||
16 | (1) The person is engaged in the practice of | ||||||
17 | cardiorespiratory care and
has the knowledge and skill | ||||||
18 | necessary to administer respiratory care.
| ||||||
19 | (2) The person is capable of serving as a resource to | ||||||
20 | the
licensed
health care professional in
relation to the | ||||||
21 | technical aspects of cardiorespiratory care and the safe | ||||||
22 | and
effective methods for administering cardiorespiratory | ||||||
23 | care modalities.
| ||||||
24 | (3) The person is able to function in situations of | ||||||
25 | unsupervised patient
contact requiring great individual | ||||||
26 | judgment.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-523, eff. 1-1-06.)
| ||||||
2 | Section 90-230. The Barber, Cosmetology, Esthetics, and | ||||||
3 | Nail
Technology Act of 1985 is amended by changing Section 1-11 | ||||||
4 | as follows:
| ||||||
5 | (225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
7 | Sec. 1-11. Exceptions to Act.
| ||||||
8 | (a) Nothing in this Act shall be construed to apply to the | ||||||
9 | educational
activities conducted in connection with any | ||||||
10 | monthly, annual or other
special educational program of any | ||||||
11 | bona fide association of licensed
cosmetologists, | ||||||
12 | estheticians, nail technicians, or barbers, or
licensed | ||||||
13 | cosmetology, esthetics, nail technology, or barber
schools | ||||||
14 | from which the general public is excluded.
| ||||||
15 | (b) Nothing in this Act shall be construed to apply to the | ||||||
16 | activities
and services of registered nurses or licensed | ||||||
17 | practical nurses, as defined in
the Nurse Practice Act
Nursing | ||||||
18 | and Advanced Practice Nursing Act , or to personal care or | ||||||
19 | health
care services
provided by individuals in the performance | ||||||
20 | of their duties as employed or
authorized by facilities or | ||||||
21 | programs licensed or certified by State agencies.
As used in | ||||||
22 | this subsection (b), "personal care" means assistance with | ||||||
23 | meals,
dressing, movement, bathing, or other personal needs or | ||||||
24 | maintenance or general
supervision and oversight of the |
| |||||||
| |||||||
1 | physical and mental well-being of an
individual who is | ||||||
2 | incapable of maintaining a private,
independent residence or | ||||||
3 | who is incapable of managing his or her person whether
or not a | ||||||
4 | guardian has been appointed for that individual.
The definition | ||||||
5 | of "personal care" as used in this subsection (b) shall not
| ||||||
6 | otherwise be construed to negate the requirements of this Act | ||||||
7 | or its rules.
| ||||||
8 | (c) Nothing in this Act shall be deemed to require | ||||||
9 | licensure of
individuals employed by the motion picture, film, | ||||||
10 | television, stage play or
related industry for the purpose of | ||||||
11 | providing cosmetology or esthetics
services to actors of that | ||||||
12 | industry while engaged in the practice of
cosmetology or | ||||||
13 | esthetics as a part of that person's employment.
| ||||||
14 | (Source: P.A. 90-580, eff. 5-21-98; 90-742, eff.
8-13-98; | ||||||
15 | 91-357, eff. 7-29-99 .)
| ||||||
16 | Section 90-235. The Nurse Agency Licensing Act is amended | ||||||
17 | by changing Section 3 as follows:
| ||||||
18 | (225 ILCS 510/3) (from Ch. 111, par. 953)
| ||||||
19 | Sec. 3. Definitions. As used in this Act:
| ||||||
20 | (a) "Certified nurse aide" means an individual certified as | ||||||
21 | defined in
Section 3-206 of the Nursing Home Care Act, as now | ||||||
22 | or hereafter amended.
| ||||||
23 | (b) "Department" means the Department of Labor.
| ||||||
24 | (c) "Director" means the Director of Labor.
|
| |||||||
| |||||||
1 | (d) "Health care facility" is defined as in Section 3 of | ||||||
2 | the Illinois
Health Facilities Planning Act, as now or | ||||||
3 | hereafter amended.
| ||||||
4 | (e) "Licensee" means any nursing agency which is properly | ||||||
5 | licensed under
this Act.
| ||||||
6 | (f) "Nurse" means a registered nurse or a licensed | ||||||
7 | practical nurse as
defined in the Nurse Practice Act
Nursing | ||||||
8 | and Advanced Practice Nursing Act .
| ||||||
9 | (g) "Nurse agency" means any individual, firm, | ||||||
10 | corporation,
partnership or other legal entity that employs, | ||||||
11 | assigns or refers nurses
or certified nurse aides to a health | ||||||
12 | care facility for a
fee. The term "nurse agency" includes | ||||||
13 | nurses registries. The term "nurse
agency" does not include | ||||||
14 | services provided by home
health agencies licensed and operated | ||||||
15 | under the Home Health, Home Services, and Home Nursing Agency
| ||||||
16 | Licensing Act or a licensed or certified
individual who | ||||||
17 | provides his or her own services as a regular employee of a
| ||||||
18 | health care facility, nor does it apply to a health care | ||||||
19 | facility's
organizing nonsalaried employees to provide | ||||||
20 | services only in that
facility.
| ||||||
21 | (Source: P.A. 94-379, eff. 1-1-06.)
| ||||||
22 | Section 90-240. The Illinois Public Aid Code is amended by | ||||||
23 | changing Section 8A-7.1 as follows:
| ||||||
24 | (305 ILCS 5/8A-7.1) (from Ch. 23, par. 8A-7.1)
|
| |||||||
| |||||||
1 | Sec. 8A-7.1. The Director, upon making a
determination | ||||||
2 | based upon information in the possession of the Illinois
| ||||||
3 | Department, that continuation in practice of a licensed health | ||||||
4 | care
professional would constitute an immediate danger to the | ||||||
5 | public, shall submit
a written communication to the Director of | ||||||
6 | Professional Regulation indicating
such determination and
| ||||||
7 | additionally providing a complete summary of the information | ||||||
8 | upon which
such determination is based, and recommending that | ||||||
9 | the Director of
Professional Regulation immediately suspend | ||||||
10 | such person's
license. All relevant evidence, or copies | ||||||
11 | thereof, in the Illinois
Department's possession may also be | ||||||
12 | submitted in conjunction with the written
communication. A copy | ||||||
13 | of such written communication, which is exempt from
the copying | ||||||
14 | and inspection provisions of the Freedom of Information Act,
| ||||||
15 | shall at the time of submittal to the Director
of Professional | ||||||
16 | Regulation
be simultaneously mailed to the last known business | ||||||
17 | address of such licensed
health care professional by certified | ||||||
18 | or registered postage, United States
Mail, return receipt | ||||||
19 | requested. Any evidence, or copies thereof, which is
submitted | ||||||
20 | in conjunction with the written communication is also exempt | ||||||
21 | from
the copying and inspection provisions of the Freedom of | ||||||
22 | Information Act.
| ||||||
23 | The Director, upon making a determination based upon | ||||||
24 | information in the
possession of the Illinois Department, that | ||||||
25 | a licensed health care
professional is willfully committing | ||||||
26 | fraud upon the Illinois Department's
medical assistance |
| |||||||
| |||||||
1 | program, shall submit a written communication to the
Director | ||||||
2 | of Professional Regulation indicating such
determination and | ||||||
3 | additionally providing a complete summary of the
information | ||||||
4 | upon which such determination is based. All relevant evidence,
| ||||||
5 | or copies thereof, in the Illinois Department's possession may | ||||||
6 | also be
submitted in conjunction with the written | ||||||
7 | communication.
| ||||||
8 | Upon receipt of such written communication, the Director of
| ||||||
9 | Professional Regulation shall promptly investigate the
| ||||||
10 | allegations contained in such written communication. A copy of | ||||||
11 | such
written communication, which is exempt from the copying | ||||||
12 | and inspection
provisions of the Freedom of Information Act, | ||||||
13 | shall at the time of
submission to the Director of Professional | ||||||
14 | Regulation,
be simultaneously mailed to the last known address | ||||||
15 | of such licensed health
care professional by certified or | ||||||
16 | registered postage, United States Mail,
return receipt | ||||||
17 | requested. Any evidence, or copies thereof, which
is submitted | ||||||
18 | in conjunction with the written communication is also exempt
| ||||||
19 | from the copying and inspection provisions of the Freedom of | ||||||
20 | Information Act.
| ||||||
21 | For the purposes of this Section, "licensed health care | ||||||
22 | professional"
means any person licensed under the Illinois | ||||||
23 | Dental Practice Act, the Nurse Practice Act
Nursing
and | ||||||
24 | Advanced Practice Nursing Act , the Medical Practice Act of | ||||||
25 | 1987, the
Pharmacy Practice Act of 1987, the Podiatric Medical | ||||||
26 | Practice Act of 1987,
or the Illinois Optometric Practice Act |
| |||||||
| |||||||
1 | of 1987.
| ||||||
2 | (Source: P.A. 92-651, eff. 7-11-02.)
| ||||||
3 | Section 90-245. The Elder Abuse and Neglect Act is amended | ||||||
4 | by changing Section 2 as follows:
| ||||||
5 | (320 ILCS 20/2) (from Ch. 23, par. 6602)
| ||||||
6 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
7 | context
requires otherwise:
| ||||||
8 | (a) "Abuse" means causing any physical, mental or sexual | ||||||
9 | injury to an
eligible adult, including exploitation of such | ||||||
10 | adult's financial resources.
| ||||||
11 | Nothing in this Act shall be construed to mean that an | ||||||
12 | eligible adult is a
victim of abuse, neglect, or self-neglect | ||||||
13 | for the sole reason that he or she is being
furnished with or | ||||||
14 | relies upon treatment by spiritual means through prayer
alone, | ||||||
15 | in accordance with the tenets and practices of a recognized | ||||||
16 | church
or religious denomination.
| ||||||
17 | Nothing in this Act shall be construed to mean that an | ||||||
18 | eligible adult is a
victim of abuse because of health care | ||||||
19 | services provided or not provided by
licensed health care | ||||||
20 | professionals.
| ||||||
21 | (a-5) "Abuser" means a person who abuses, neglects, or | ||||||
22 | financially
exploits an eligible adult.
| ||||||
23 | (a-7) "Caregiver" means a person who either as a result of | ||||||
24 | a family
relationship, voluntarily, or in exchange for |
| |||||||
| |||||||
1 | compensation has assumed
responsibility for all or a portion of | ||||||
2 | the care of an eligible adult who needs
assistance with | ||||||
3 | activities of daily
living.
| ||||||
4 | (b) "Department" means the Department on Aging of the State | ||||||
5 | of Illinois.
| ||||||
6 | (c) "Director" means the Director of the Department.
| ||||||
7 | (d) "Domestic living situation" means a residence where the | ||||||
8 | eligible
adult lives alone or with his or her family or a | ||||||
9 | caregiver, or others,
or a board and care home or other | ||||||
10 | community-based unlicensed facility, but
is not:
| ||||||
11 | (1) A licensed facility as defined in Section 1-113 of | ||||||
12 | the Nursing Home
Care Act;
| ||||||
13 | (2) A "life care facility" as defined in the Life Care | ||||||
14 | Facilities Act;
| ||||||
15 | (3) A home, institution, or other place operated by the | ||||||
16 | federal
government or agency thereof or by the State of | ||||||
17 | Illinois;
| ||||||
18 | (4) A hospital, sanitarium, or other institution, the | ||||||
19 | principal activity
or business of which is the diagnosis, | ||||||
20 | care, and treatment of human illness
through the | ||||||
21 | maintenance and operation of organized facilities | ||||||
22 | therefor,
which is required to be licensed under the | ||||||
23 | Hospital Licensing Act;
| ||||||
24 | (5) A "community living facility" as defined in the | ||||||
25 | Community Living
Facilities Licensing Act;
| ||||||
26 | (6) A "community residential alternative" as defined |
| |||||||
| |||||||
1 | in the Community
Residential Alternatives Licensing Act;
| ||||||
2 | (7) A "community-integrated living arrangement" as | ||||||
3 | defined in
the Community-Integrated Living Arrangements | ||||||
4 | Licensure and Certification Act;
| ||||||
5 | (8) An assisted living or shared housing establishment | ||||||
6 | as defined in the Assisted Living and Shared Housing Act; | ||||||
7 | or
| ||||||
8 | (9) A supportive living facility as described in | ||||||
9 | Section 5-5.01a of the Illinois Public Aid Code.
| ||||||
10 | (e) "Eligible adult" means a person 60 years of age or | ||||||
11 | older who
resides in a domestic living situation and is, or is | ||||||
12 | alleged
to be, abused, neglected, or financially exploited by | ||||||
13 | another individual or who neglects himself or herself.
| ||||||
14 | (f) "Emergency" means a situation in which an eligible | ||||||
15 | adult is living
in conditions presenting a risk of death or | ||||||
16 | physical, mental or sexual
injury and the provider agency has | ||||||
17 | reason to believe the eligible adult is
unable to
consent to | ||||||
18 | services which would alleviate that risk.
| ||||||
19 | (f-5) "Mandated reporter" means any of the following | ||||||
20 | persons
while engaged in carrying out their professional | ||||||
21 | duties:
| ||||||
22 | (1) a professional or professional's delegate while | ||||||
23 | engaged in: (i) social
services, (ii) law enforcement, | ||||||
24 | (iii) education, (iv) the care of an eligible
adult or | ||||||
25 | eligible adults, or (v) any of the occupations required to | ||||||
26 | be licensed
under
the Clinical Psychologist Licensing Act, |
| |||||||
| |||||||
1 | the Clinical Social Work and Social
Work Practice Act, the | ||||||
2 | Illinois Dental Practice Act, the Dietetic and Nutrition
| ||||||
3 | Services Practice Act, the Marriage and Family Therapy | ||||||
4 | Licensing Act, the
Medical Practice Act of 1987, the | ||||||
5 | Naprapathic Practice Act, the
Nurse Practice Act
Nursing | ||||||
6 | and Advanced Practice Nursing Act , the Nursing Home
| ||||||
7 | Administrators Licensing and
Disciplinary Act, the | ||||||
8 | Illinois Occupational Therapy Practice Act, the Illinois
| ||||||
9 | Optometric Practice Act of 1987, the Pharmacy Practice Act | ||||||
10 | of 1987, the
Illinois Physical Therapy Act, the Physician | ||||||
11 | Assistant Practice Act of 1987,
the Podiatric Medical | ||||||
12 | Practice Act of 1987, the Respiratory Care Practice
Act,
| ||||||
13 | the Professional Counselor and
Clinical Professional | ||||||
14 | Counselor Licensing Act, the Illinois Speech-Language
| ||||||
15 | Pathology and Audiology Practice Act, the Veterinary | ||||||
16 | Medicine and Surgery
Practice Act of 2004, and the Illinois | ||||||
17 | Public Accounting Act;
| ||||||
18 | (2) an employee of a vocational rehabilitation | ||||||
19 | facility prescribed or
supervised by the Department of | ||||||
20 | Human Services;
| ||||||
21 | (3) an administrator, employee, or person providing | ||||||
22 | services in or through
an unlicensed community based | ||||||
23 | facility;
| ||||||
24 | (4) any religious practitioner who provides treatment | ||||||
25 | by prayer or spiritual means alone in accordance with the | ||||||
26 | tenets and practices of a recognized church or religious |
| |||||||
| |||||||
1 | denomination, except as to information received in any | ||||||
2 | confession or sacred communication enjoined by the | ||||||
3 | discipline of the religious denomination to be held | ||||||
4 | confidential;
| ||||||
5 | (5) field personnel of the Department of Healthcare and | ||||||
6 | Family Services, Department of Public
Health, and | ||||||
7 | Department of Human Services, and any county or
municipal | ||||||
8 | health department;
| ||||||
9 | (6) personnel of the Department of Human Services, the | ||||||
10 | Guardianship and
Advocacy Commission, the State Fire | ||||||
11 | Marshal, local fire departments, the
Department on Aging | ||||||
12 | and its subsidiary Area Agencies on Aging and provider
| ||||||
13 | agencies, and the Office of State Long Term Care Ombudsman;
| ||||||
14 | (7) any employee of the State of Illinois not otherwise | ||||||
15 | specified herein
who is involved in providing services to | ||||||
16 | eligible adults, including
professionals providing medical | ||||||
17 | or rehabilitation services and all
other persons having | ||||||
18 | direct contact with eligible adults;
| ||||||
19 | (8) a person who performs the duties of a coroner
or | ||||||
20 | medical examiner; or
| ||||||
21 | (9) a person who performs the duties of a paramedic or | ||||||
22 | an emergency
medical
technician.
| ||||||
23 | (g) "Neglect" means
another individual's failure to | ||||||
24 | provide an eligible
adult with or willful withholding from an | ||||||
25 | eligible adult the necessities of
life including, but not | ||||||
26 | limited to, food, clothing, shelter or health care.
This |
| |||||||
| |||||||
1 | subsection does not create any new affirmative duty to provide | ||||||
2 | support to
eligible adults. Nothing in this Act shall be | ||||||
3 | construed to mean that an
eligible adult is a victim of neglect | ||||||
4 | because of health care services provided
or not provided by | ||||||
5 | licensed health care professionals.
| ||||||
6 | (h) "Provider agency" means any public or nonprofit agency | ||||||
7 | in a planning
and service area appointed by the regional | ||||||
8 | administrative agency with prior
approval by the Department on | ||||||
9 | Aging to receive and assess reports of
alleged or suspected | ||||||
10 | abuse, neglect, or financial exploitation.
| ||||||
11 | (i) "Regional administrative agency" means any public or | ||||||
12 | nonprofit
agency in a planning and service area so designated | ||||||
13 | by the Department,
provided that the designated Area Agency on | ||||||
14 | Aging shall be designated the
regional administrative agency if | ||||||
15 | it so requests.
The Department shall assume the functions of | ||||||
16 | the regional administrative
agency for any planning and service | ||||||
17 | area where another agency is not so
designated.
| ||||||
18 | (i-5) "Self-neglect" means a condition that is the result | ||||||
19 | of an eligible adult's inability, due to physical or mental | ||||||
20 | impairments, or both, or a diminished capacity, to perform | ||||||
21 | essential self-care tasks that substantially threaten his or | ||||||
22 | her own health, including: providing essential food, clothing, | ||||||
23 | shelter, and health care; and obtaining goods and services | ||||||
24 | necessary to maintain physical health, mental health, | ||||||
25 | emotional well-being, and general safety.
| ||||||
26 | (j) "Substantiated case" means a reported case of alleged |
| |||||||
| |||||||
1 | or suspected
abuse, neglect, financial exploitation, or | ||||||
2 | self-neglect in which a provider agency,
after assessment, | ||||||
3 | determines that there is reason to believe abuse,
neglect, or | ||||||
4 | financial exploitation has occurred.
| ||||||
5 | (Source: P.A. 93-281 eff. 12-31-03; 93-300, eff. 1-1-04; | ||||||
6 | 94-1064, eff. 1-1-07.)
| ||||||
7 | Section 90-250. The Prenatal and Newborn Care Act is | ||||||
8 | amended by changing Section 2 as follows:
| ||||||
9 | (410 ILCS 225/2) (from Ch. 111 1/2, par. 7022)
| ||||||
10 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
11 | context otherwise
requires:
| ||||||
12 | "Advanced practice nurse" or "APN" means an advanced | ||||||
13 | practice nurse licensed under the Nurse Practice Act
Nursing | ||||||
14 | and Advanced Practice Nursing Act who has a written | ||||||
15 | collaborative agreement with a collaborating physician that | ||||||
16 | authorizes the provision of prenatal and newborn care.
| ||||||
17 | "Department" means the Illinois Department of Human | ||||||
18 | Services.
| ||||||
19 | "Early and Periodic Screening, Diagnosis and Treatment | ||||||
20 | (EPSDT)" means
the provision of preventative health care under | ||||||
21 | 42 C.F.R. 441.50 et seq.,
including medical and dental | ||||||
22 | services, needed to assess growth and
development and detect | ||||||
23 | and treat health problems.
| ||||||
24 | "Hospital" means a hospital as defined under the Hospital |
| |||||||
| |||||||
1 | Licensing Act.
| ||||||
2 | "Local health authority" means the full-time official | ||||||
3 | health
department or board of health, as recognized by the | ||||||
4 | Illinois Department
of Public Health, having
jurisdiction over | ||||||
5 | a particular area.
| ||||||
6 | "Nurse" means a nurse licensed under the Nurse Practice Act
| ||||||
7 | Nursing and
Advanced Practice Nursing Act .
| ||||||
8 | "Physician" means a physician licensed to practice | ||||||
9 | medicine in all of
its branches.
| ||||||
10 | "Physician assistant" means a physician assistant licensed | ||||||
11 | under the Physician Assistant Practice Act of 1987 who has been | ||||||
12 | delegated authority to provide prenatal and newborn care.
| ||||||
13 | "Postnatal visit" means a visit occurring after birth, with
| ||||||
14 | reference to the newborn.
| ||||||
15 | "Prenatal visit" means a visit occurring before birth.
| ||||||
16 | "Program" means the Prenatal and Newborn Care Program | ||||||
17 | established
pursuant to this Act.
| ||||||
18 | (Source: P.A. 93-962, eff. 8-20-04.)
| ||||||
19 | Section 90-255. The Illinois Sexually Transmissible | ||||||
20 | Disease Control Act is amended by changing Section 4 as | ||||||
21 | follows:
| ||||||
22 | (410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)
| ||||||
23 | Sec. 4. Reporting required.
| ||||||
24 | (a) A physician licensed under the provisions of the |
| |||||||
| |||||||
1 | Medical Practice Act
of 1987, an advanced practice nurse | ||||||
2 | licensed under the provisions of the Nurse Practice Act
Nursing | ||||||
3 | and Advanced Practice Nursing Act who has a written | ||||||
4 | collaborative agreement with a collaborating physician that | ||||||
5 | authorizes the provision of services for a sexually | ||||||
6 | transmissible disease, or a physician assistant licensed under | ||||||
7 | the provisions of the Physician Assistant Practice Act of 1987 | ||||||
8 | who has been delegated authority to provide services for a | ||||||
9 | sexually transmissible disease
who makes a diagnosis of or | ||||||
10 | treats a person with a sexually
transmissible disease and each | ||||||
11 | laboratory that performs a test for a sexually
transmissible | ||||||
12 | disease which concludes with a positive result shall report | ||||||
13 | such
facts as may be required by the Department by rule, within | ||||||
14 | such time period as
the Department may require by rule, but in | ||||||
15 | no case to exceed 2 weeks.
| ||||||
16 | (b) The Department shall adopt rules specifying the | ||||||
17 | information
required in reporting a sexually transmissible | ||||||
18 | disease, the method of
reporting and specifying a minimum time | ||||||
19 | period for reporting. In adopting
such rules, the Department | ||||||
20 | shall consider the need for information,
protections for the | ||||||
21 | privacy and confidentiality of the patient, and the
practical | ||||||
22 | abilities of persons and laboratories to report in a reasonable
| ||||||
23 | fashion.
| ||||||
24 | (c) Any person who knowingly or maliciously disseminates | ||||||
25 | any false
information or report concerning the existence of any | ||||||
26 | sexually
transmissible disease under this Section is guilty of |
| |||||||
| |||||||
1 | a Class A misdemeanor.
| ||||||
2 | (d) Any person who violates the provisions of this Section | ||||||
3 | or the rules
adopted hereunder may be fined by the Department | ||||||
4 | up to $500 for each
violation. The Department shall report each | ||||||
5 | violation of this Section to
the regulatory agency responsible | ||||||
6 | for licensing a health care professional
or a laboratory to | ||||||
7 | which these provisions apply.
| ||||||
8 | (Source: P.A. 93-962, eff. 8-20-04.)
| ||||||
9 | Section 90-260. The Home Health and Hospice Drug | ||||||
10 | Dispensation and Administration Act is amended by changing | ||||||
11 | Section 10 as follows: | ||||||
12 | (410 ILCS 642/10)
| ||||||
13 | Sec. 10. Definitions. In this Act: | ||||||
14 | "Authorized nursing employee" means a registered nurse or | ||||||
15 | advanced practice nurse, as defined in the Nurse Practice Act
| ||||||
16 | Nursing and Advanced Practice Nursing Act , who is employed by a | ||||||
17 | home health agency or hospice licensed in this State. | ||||||
18 | "Health care professional" means a physician licensed to | ||||||
19 | practice medicine in all its branches, an advanced practice | ||||||
20 | nurse who has a written collaborative agreement with a | ||||||
21 | collaborating physician that authorizes services under this | ||||||
22 | Act, or a physician assistant who has been delegated the | ||||||
23 | authority to perform services under this Act by his or her | ||||||
24 | supervising physician. |
| |||||||
| |||||||
1 | "Home health agency" has the meaning ascribed to it in | ||||||
2 | Section 2.04 of the Home Health , Home Services, and Home | ||||||
3 | Nursing Agency Licensing Act.
| ||||||
4 | "Hospice" means a full hospice, as defined in Section 3 of | ||||||
5 | the Hospice Program Licensing Act. | ||||||
6 | "Physician" means a physician licensed under the Medical | ||||||
7 | Practice Act of 1987 to practice medicine in all its branches.
| ||||||
8 | (Source: P.A. 94-638, eff. 8-22-05; revised 10-19-06.)
| ||||||
9 | Section 90-265. The Illinois Abortion Law of 1975 is | ||||||
10 | amended by changing Section 11 as follows:
| ||||||
11 | (720 ILCS 510/11) (from Ch. 38, par. 81-31)
| ||||||
12 | Sec. 11. (1) Any person who intentionally violates any | ||||||
13 | provision of this
Law commits a Class A misdemeanor unless a | ||||||
14 | specific penalty is otherwise
provided. Any person who | ||||||
15 | intentionally falsifies any writing required by
this Law | ||||||
16 | commits a Class A misdemeanor.
| ||||||
17 | Intentional, knowing, reckless, or negligent violations of | ||||||
18 | this Law shall
constitute unprofessional conduct which causes | ||||||
19 | public harm under Section
22 of the Medical Practice Act of | ||||||
20 | 1987, as amended; Sections 10-140 and 20-5 of the Nurse | ||||||
21 | Practice Act
Sections
10-45 and 15-50 of
the
Nursing and | ||||||
22 | Advanced Practice Nursing Act , and
Section 21 of the Physician | ||||||
23 | Assistant
Practice Act of 1987, as amended.
| ||||||
24 | Intentional, knowing, reckless or negligent violations of |
| |||||||
| |||||||
1 | this Law will
constitute grounds for refusal, denial, | ||||||
2 | revocation,
suspension, or withdrawal of license, certificate, | ||||||
3 | or permit under Section
30 of the Pharmacy Practice Act of | ||||||
4 | 1987, as amended; Section 7 of
the Ambulatory Surgical | ||||||
5 | Treatment Center
Act, effective July 19, 1973, as amended; and | ||||||
6 | Section 7 of the Hospital
Licensing Act.
| ||||||
7 | (2) Any hospital or licensed facility which, or any
| ||||||
8 | physician who intentionally, knowingly, or recklessly
fails to | ||||||
9 | submit a complete report to the Department in accordance with | ||||||
10 | the
provisions of Section 10 of this Law and any person who | ||||||
11 | intentionally,
knowingly, recklessly or negligently fails to | ||||||
12 | maintain the confidentiality
of any reports required under this | ||||||
13 | Law or reports required by
Sections 10.1 or 12 of this Law | ||||||
14 | commits a Class B misdemeanor.
| ||||||
15 | (3) Any person who sells any drug, medicine, instrument or | ||||||
16 | other
substance which he knows to be an abortifacient and which | ||||||
17 | is in fact an
abortifacient, unless upon prescription of a | ||||||
18 | physician, is guilty of a
Class B misdemeanor. Any person who | ||||||
19 | prescribes or administers any instrument,
medicine, drug or | ||||||
20 | other substance or device, which he knows to be an
| ||||||
21 | abortifacient, and which is in fact an abortifacient, and | ||||||
22 | intentionally,
knowingly or recklessly fails to inform the | ||||||
23 | person for whom it is
prescribed or upon whom it is | ||||||
24 | administered that it is an abortifacient
commits a Class C | ||||||
25 | misdemeanor.
| ||||||
26 | (4) Any person who intentionally, knowingly or recklessly
|
| |||||||
| |||||||
1 | performs upon a woman what he represents to that woman to be an
| ||||||
2 | abortion when he knows or should know that she is not pregnant | ||||||
3 | commits
a Class 2 felony and shall be answerable in
civil | ||||||
4 | damages equal to 3 times the amount of proved damages.
| ||||||
5 | (Source: P.A. 90-742, eff. 8-13-98.)
| ||||||
6 | Section 90-270. The Illinois Controlled Substances Act is | ||||||
7 | amended by changing Sections 102, 103, and 303.05 as follows: | ||||||
8 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
9 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
10 | context
otherwise requires:
| ||||||
11 | (a) "Addict" means any person who habitually uses any drug, | ||||||
12 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
13 | to endanger the public
morals, health, safety or welfare or who | ||||||
14 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
15 | substance other than alcohol as to have lost
the power of self | ||||||
16 | control with reference to his addiction.
| ||||||
17 | (b) "Administer" means the direct application of a | ||||||
18 | controlled
substance, whether by injection, inhalation, | ||||||
19 | ingestion, or any other
means, to the body of a patient, | ||||||
20 | research subject, or animal (as
defined by the Humane | ||||||
21 | Euthanasia in Animal Shelters Act) by:
| ||||||
22 | (1) a practitioner (or, in his presence, by his | ||||||
23 | authorized agent),
| ||||||
24 | (2) the patient or research subject at the lawful |
| |||||||
| |||||||
1 | direction of the
practitioner, or
| ||||||
2 | (3) a euthanasia technician as defined by the Humane | ||||||
3 | Euthanasia in
Animal Shelters Act.
| ||||||
4 | (c) "Agent" means an authorized person who acts on behalf | ||||||
5 | of or at
the direction of a manufacturer, distributor, or | ||||||
6 | dispenser. It does not
include a common or contract carrier, | ||||||
7 | public warehouseman or employee of
the carrier or warehouseman.
| ||||||
8 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
9 | substance,
chemically and pharmacologically related to | ||||||
10 | testosterone (other than
estrogens, progestins, and | ||||||
11 | corticosteroids) that promotes muscle growth,
and includes:
| ||||||
12 | (i) boldenone,
| ||||||
13 | (ii) chlorotestosterone,
| ||||||
14 | (iii) chostebol,
| ||||||
15 | (iv) dehydrochlormethyltestosterone,
| ||||||
16 | (v) dihydrotestosterone,
| ||||||
17 | (vi) drostanolone,
| ||||||
18 | (vii) ethylestrenol,
| ||||||
19 | (viii) fluoxymesterone,
| ||||||
20 | (ix) formebulone,
| ||||||
21 | (x) mesterolone,
| ||||||
22 | (xi) methandienone,
| ||||||
23 | (xii) methandranone,
| ||||||
24 | (xiii) methandriol,
| ||||||
25 | (xiv) methandrostenolone,
| ||||||
26 | (xv) methenolone,
|
| |||||||
| |||||||
1 | (xvi) methyltestosterone,
| ||||||
2 | (xvii) mibolerone,
| ||||||
3 | (xviii) nandrolone,
| ||||||
4 | (xix) norethandrolone,
| ||||||
5 | (xx) oxandrolone,
| ||||||
6 | (xxi) oxymesterone,
| ||||||
7 | (xxii) oxymetholone,
| ||||||
8 | (xxiii) stanolone,
| ||||||
9 | (xxiv) stanozolol,
| ||||||
10 | (xxv) testolactone,
| ||||||
11 | (xxvi) testosterone,
| ||||||
12 | (xxvii) trenbolone, and
| ||||||
13 | (xxviii) any salt, ester, or isomer of a drug or | ||||||
14 | substance described
or listed in this paragraph, if | ||||||
15 | that salt, ester, or isomer promotes muscle
growth.
| ||||||
16 | Any person who is otherwise lawfully in possession of an | ||||||
17 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
18 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
19 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
20 | expressly intended for and lawfully allowed to be
administered | ||||||
21 | through implants to livestock or other nonhuman species, and
| ||||||
22 | which is approved by the Secretary of Health and Human Services | ||||||
23 | for such
administration, and which the person intends to | ||||||
24 | administer or have
administered through such implants, shall | ||||||
25 | not be considered to be in
unauthorized possession or to | ||||||
26 | unlawfully manufacture, distribute, dispense,
deliver, or |
| |||||||
| |||||||
1 | possess with intent to deliver such anabolic steroid for
| ||||||
2 | purposes of this Act.
| ||||||
3 | (d) "Administration" means the Drug Enforcement | ||||||
4 | Administration,
United States Department of Justice, or its | ||||||
5 | successor agency.
| ||||||
6 | (e) "Control" means to add a drug or other substance, or | ||||||
7 | immediate
precursor, to a Schedule under Article II of this Act | ||||||
8 | whether by
transfer from another Schedule or otherwise.
| ||||||
9 | (f) "Controlled Substance" means a drug, substance, or | ||||||
10 | immediate
precursor in the Schedules of Article II of this Act.
| ||||||
11 | (g) "Counterfeit substance" means a controlled substance, | ||||||
12 | which, or
the container or labeling of which, without | ||||||
13 | authorization bears the
trademark, trade name, or other | ||||||
14 | identifying mark, imprint, number or
device, or any likeness | ||||||
15 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
16 | than the person who in fact manufactured, distributed,
or | ||||||
17 | dispensed the substance.
| ||||||
18 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
19 | or
attempted transfer of possession of a controlled substance, | ||||||
20 | with or
without consideration, whether or not there is an | ||||||
21 | agency relationship.
| ||||||
22 | (i) "Department" means the Illinois Department of Human | ||||||
23 | Services (as
successor to the Department of Alcoholism and | ||||||
24 | Substance Abuse) or its successor agency.
| ||||||
25 | (j) "Department of State Police" means the Department of | ||||||
26 | State
Police of the State of Illinois or its successor agency.
|
| |||||||
| |||||||
1 | (k) "Department of Corrections" means the Department of | ||||||
2 | Corrections
of the State of Illinois or its successor agency.
| ||||||
3 | (l) "Department of Professional Regulation" means the | ||||||
4 | Department
of Professional Regulation of the State of Illinois | ||||||
5 | or its successor agency.
| ||||||
6 | (m) "Depressant" or "stimulant substance" means:
| ||||||
7 | (1) a drug which contains any quantity of (i) | ||||||
8 | barbituric acid or
any of the salts of barbituric acid | ||||||
9 | which has been designated as habit
forming under section | ||||||
10 | 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | ||||||
11 | U.S.C. 352 (d)); or
| ||||||
12 | (2) a drug which contains any quantity of (i) | ||||||
13 | amphetamine or
methamphetamine and any of their optical | ||||||
14 | isomers; (ii) any salt of
amphetamine or methamphetamine or | ||||||
15 | any salt of an optical isomer of
amphetamine; or (iii) any | ||||||
16 | substance which the Department, after
investigation, has | ||||||
17 | found to be, and by rule designated as, habit forming
| ||||||
18 | because of its depressant or stimulant effect on the | ||||||
19 | central nervous
system; or
| ||||||
20 | (3) lysergic acid diethylamide; or
| ||||||
21 | (4) any drug which contains any quantity of a substance | ||||||
22 | which the
Department, after investigation, has found to | ||||||
23 | have, and by rule
designated as having, a potential for | ||||||
24 | abuse because of its depressant or
stimulant effect on the | ||||||
25 | central nervous system or its hallucinogenic
effect.
| ||||||
26 | (n) (Blank).
|
| |||||||
| |||||||
1 | (o) "Director" means the Director of the Department of | ||||||
2 | State Police or
the Department of Professional Regulation or | ||||||
3 | his designated agents.
| ||||||
4 | (p) "Dispense" means to deliver a controlled substance to | ||||||
5 | an
ultimate user or research subject by or pursuant to the | ||||||
6 | lawful order of
a prescriber, including the prescribing, | ||||||
7 | administering, packaging,
labeling, or compounding necessary | ||||||
8 | to prepare the substance for that
delivery.
| ||||||
9 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
10 | (r) "Distribute" means to deliver, other than by | ||||||
11 | administering or
dispensing, a controlled substance.
| ||||||
12 | (s) "Distributor" means a person who distributes.
| ||||||
13 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
14 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
15 | Pharmacopoeia of the
United States, or official National | ||||||
16 | Formulary, or any supplement to any
of them; (2) substances | ||||||
17 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
18 | prevention of disease in man or animals; (3) substances
(other | ||||||
19 | than food) intended to affect the structure of any function of
| ||||||
20 | the body of man or animals and (4) substances intended for use | ||||||
21 | as a
component of any article specified in clause (1), (2), or | ||||||
22 | (3) of this
subsection. It does not include devices or their | ||||||
23 | components, parts, or
accessories.
| ||||||
24 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
25 | Department of Professional Regulation for the
purpose of animal | ||||||
26 | euthanasia that holds an animal control facility license or
|
| |||||||
| |||||||
1 | animal
shelter license under the Animal Welfare Act. A | ||||||
2 | euthanasia agency is
authorized to purchase, store, possess, | ||||||
3 | and utilize Schedule II nonnarcotic and
Schedule III | ||||||
4 | nonnarcotic drugs for the sole purpose of animal euthanasia.
| ||||||
5 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
6 | substances
(nonnarcotic controlled substances) that are used | ||||||
7 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
8 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
9 | controlled
substance by a practitioner in the regular course of | ||||||
10 | professional
treatment to or for any person who is under his | ||||||
11 | treatment for a
pathology or condition other than that | ||||||
12 | individual's physical or
psychological dependence upon or | ||||||
13 | addiction to a controlled substance,
except as provided herein: | ||||||
14 | and application of the term to a pharmacist
shall mean the | ||||||
15 | dispensing of a controlled substance pursuant to the
| ||||||
16 | prescriber's order which in the professional judgment of the | ||||||
17 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
18 | accepted professional
standards including, but not limited to | ||||||
19 | the following, in making the
judgment:
| ||||||
20 | (1) lack of consistency of doctor-patient | ||||||
21 | relationship,
| ||||||
22 | (2) frequency of prescriptions for same drug by one | ||||||
23 | prescriber for
large numbers of patients,
| ||||||
24 | (3) quantities beyond those normally prescribed,
| ||||||
25 | (4) unusual dosages,
| ||||||
26 | (5) unusual geographic distances between patient, |
| |||||||
| |||||||
1 | pharmacist and
prescriber,
| ||||||
2 | (6) consistent prescribing of habit-forming drugs.
| ||||||
3 | (u-1) "Home infusion services" means services provided by a | ||||||
4 | pharmacy in
compounding solutions for direct administration to | ||||||
5 | a patient in a private
residence, long-term care facility, or | ||||||
6 | hospice setting by means of parenteral,
intravenous, | ||||||
7 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
8 | (v) "Immediate precursor" means a substance:
| ||||||
9 | (1) which the Department has found to be and by rule | ||||||
10 | designated as
being a principal compound used, or produced | ||||||
11 | primarily for use, in the
manufacture of a controlled | ||||||
12 | substance;
| ||||||
13 | (2) which is an immediate chemical intermediary used or | ||||||
14 | likely to
be used in the manufacture of such controlled | ||||||
15 | substance; and
| ||||||
16 | (3) the control of which is necessary to prevent, | ||||||
17 | curtail or limit
the manufacture of such controlled | ||||||
18 | substance.
| ||||||
19 | (w) "Instructional activities" means the acts of teaching, | ||||||
20 | educating
or instructing by practitioners using controlled | ||||||
21 | substances within
educational facilities approved by the State | ||||||
22 | Board of Education or
its successor agency.
| ||||||
23 | (x) "Local authorities" means a duly organized State, | ||||||
24 | County or
Municipal peace unit or police force.
| ||||||
25 | (y) "Look-alike substance" means a substance, other than a | ||||||
26 | controlled
substance which (1) by overall dosage unit |
| |||||||
| |||||||
1 | appearance, including shape,
color, size, markings or lack | ||||||
2 | thereof, taste, consistency, or any other
identifying physical | ||||||
3 | characteristic of the substance, would lead a reasonable
person | ||||||
4 | to believe that the substance is a controlled substance, or (2) | ||||||
5 | is
expressly or impliedly represented to be a controlled | ||||||
6 | substance or is
distributed under circumstances which would | ||||||
7 | lead a reasonable person to
believe that the substance is a | ||||||
8 | controlled substance. For the purpose of
determining whether | ||||||
9 | the representations made or the circumstances of the
| ||||||
10 | distribution would lead a reasonable person to believe the | ||||||
11 | substance to be
a controlled substance under this clause (2) of | ||||||
12 | subsection (y), the court or
other authority may consider the | ||||||
13 | following factors in addition to any other
factor that may be | ||||||
14 | relevant:
| ||||||
15 | (a) statements made by the owner or person in control | ||||||
16 | of the substance
concerning its nature, use or effect;
| ||||||
17 | (b) statements made to the buyer or recipient that the | ||||||
18 | substance may
be resold for profit;
| ||||||
19 | (c) whether the substance is packaged in a manner | ||||||
20 | normally used for the
illegal distribution of controlled | ||||||
21 | substances;
| ||||||
22 | (d) whether the distribution or attempted distribution | ||||||
23 | included an
exchange of or demand for money or other | ||||||
24 | property as consideration, and
whether the amount of the | ||||||
25 | consideration was substantially greater than the
| ||||||
26 | reasonable retail market value of the substance.
|
| |||||||
| |||||||
1 | Clause (1) of this subsection (y) shall not apply to a | ||||||
2 | noncontrolled
substance in its finished dosage form that was | ||||||
3 | initially introduced into
commerce prior to the initial | ||||||
4 | introduction into commerce of a controlled
substance in its | ||||||
5 | finished dosage form which it may substantially resemble.
| ||||||
6 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
7 | distributing
of noncontrolled substances by persons authorized | ||||||
8 | to dispense and
distribute controlled substances under this | ||||||
9 | Act, provided that such action
would be deemed to be carried | ||||||
10 | out in good faith under subsection (u) if the
substances | ||||||
11 | involved were controlled substances.
| ||||||
12 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
13 | manufacture,
preparation, propagation, compounding, | ||||||
14 | processing, packaging, advertising
or distribution of a drug or | ||||||
15 | drugs by any person registered pursuant to
Section 510 of the | ||||||
16 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
17 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
18 | located in a state
of the United States, other than Illinois, | ||||||
19 | that delivers, dispenses or
distributes, through the United | ||||||
20 | States Postal Service or other common
carrier, to Illinois | ||||||
21 | residents, any substance which requires a prescription.
| ||||||
22 | (z) "Manufacture" means the production, preparation, | ||||||
23 | propagation,
compounding, conversion or processing of a | ||||||
24 | controlled substance other than methamphetamine, either
| ||||||
25 | directly or indirectly, by extraction from substances of | ||||||
26 | natural origin,
or independently by means of chemical |
| |||||||
| |||||||
1 | synthesis, or by a combination of
extraction and chemical | ||||||
2 | synthesis, and includes any packaging or
repackaging of the | ||||||
3 | substance or labeling of its container, except that
this term | ||||||
4 | does not include:
| ||||||
5 | (1) by an ultimate user, the preparation or compounding | ||||||
6 | of a
controlled substance for his own use; or
| ||||||
7 | (2) by a practitioner, or his authorized agent under | ||||||
8 | his
supervision, the preparation, compounding, packaging, | ||||||
9 | or labeling of a
controlled substance:
| ||||||
10 | (a) as an incident to his administering or | ||||||
11 | dispensing of a
controlled substance in the course of | ||||||
12 | his professional practice; or
| ||||||
13 | (b) as an incident to lawful research, teaching or | ||||||
14 | chemical
analysis and not for sale.
| ||||||
15 | (z-1) (Blank).
| ||||||
16 | (aa) "Narcotic drug" means any of the following, whether | ||||||
17 | produced
directly or indirectly by extraction from substances | ||||||
18 | of natural origin,
or independently by means of chemical | ||||||
19 | synthesis, or by a combination of
extraction and chemical | ||||||
20 | synthesis:
| ||||||
21 | (1) opium and opiate, and any salt, compound, | ||||||
22 | derivative, or
preparation of opium or opiate;
| ||||||
23 | (2) any salt, compound, isomer, derivative, or | ||||||
24 | preparation thereof
which is chemically equivalent or | ||||||
25 | identical with any of the substances
referred to in clause | ||||||
26 | (1), but not including the isoquinoline alkaloids
of opium;
|
| |||||||
| |||||||
1 | (3) opium poppy and poppy straw;
| ||||||
2 | (4) coca leaves and any salts, compound, isomer, salt | ||||||
3 | of an isomer,
derivative, or preparation of coca leaves | ||||||
4 | including cocaine or ecgonine,
and any salt, compound, | ||||||
5 | isomer, derivative, or preparation thereof which is
| ||||||
6 | chemically equivalent or identical with any of these | ||||||
7 | substances, but not
including decocainized coca leaves or | ||||||
8 | extractions of coca leaves which do
not contain cocaine or | ||||||
9 | ecgonine (for the purpose of this paragraph, the
term | ||||||
10 | "isomer" includes optical, positional and geometric | ||||||
11 | isomers).
| ||||||
12 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
13 | Nurse Practice Act
Nursing and Advanced Practice Nursing Act .
| ||||||
14 | (cc) (Blank).
| ||||||
15 | (dd) "Opiate" means any substance having an addiction | ||||||
16 | forming or
addiction sustaining liability similar to morphine | ||||||
17 | or being capable of
conversion into a drug having addiction | ||||||
18 | forming or addiction sustaining
liability.
| ||||||
19 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
20 | somniferum L., except its seeds.
| ||||||
21 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
22 | Board of
the State of Illinois or its successor agency.
| ||||||
23 | (gg) "Person" means any individual, corporation, | ||||||
24 | mail-order pharmacy,
government or governmental subdivision or | ||||||
25 | agency, business trust, estate,
trust, partnership or | ||||||
26 | association, or any other entity.
|
| |||||||
| |||||||
1 | (hh) "Pharmacist" means any person who holds a certificate | ||||||
2 | of
registration as a registered pharmacist, a local registered | ||||||
3 | pharmacist
or a registered assistant pharmacist under the | ||||||
4 | Pharmacy Practice Act of 1987.
| ||||||
5 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
6 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
7 | Practice Act of 1987.
| ||||||
8 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
9 | the opium
poppy, after mowing.
| ||||||
10 | (kk) "Practitioner" means a physician licensed to practice | ||||||
11 | medicine in all
its branches, dentist, podiatrist,
| ||||||
12 | veterinarian, scientific investigator, pharmacist, physician | ||||||
13 | assistant,
advanced practice nurse,
licensed practical
nurse, | ||||||
14 | registered nurse, hospital, laboratory, or pharmacy, or other
| ||||||
15 | person licensed, registered, or otherwise lawfully permitted | ||||||
16 | by the
United States or this State to distribute, dispense, | ||||||
17 | conduct research
with respect to, administer or use in teaching | ||||||
18 | or chemical analysis, a
controlled substance in the course of | ||||||
19 | professional practice or research.
| ||||||
20 | (ll) "Pre-printed prescription" means a written | ||||||
21 | prescription upon which
the designated drug has been indicated | ||||||
22 | prior to the time of issuance.
| ||||||
23 | (mm) "Prescriber" means a physician licensed to practice | ||||||
24 | medicine in all
its branches, dentist, podiatrist or
| ||||||
25 | veterinarian who issues a prescription, a physician assistant | ||||||
26 | who
issues a
prescription for a Schedule III, IV, or V |
| |||||||
| |||||||
1 | controlled substance
in accordance
with Section 303.05 and the | ||||||
2 | written guidelines required under Section 7.5
of the
Physician | ||||||
3 | Assistant Practice Act of 1987, or an advanced practice
nurse | ||||||
4 | with prescriptive authority in accordance with Section 303.05
| ||||||
5 | and a written
collaborative agreement under Section 10-120 of | ||||||
6 | the Nurse Practice Act
Sections 15-15 and 15-20 of
the Nursing | ||||||
7 | and Advanced Practice Nursing Act .
| ||||||
8 | (nn) "Prescription" means a lawful written, facsimile, or | ||||||
9 | verbal order
of
a physician licensed to practice medicine in | ||||||
10 | all its branches,
dentist, podiatrist or veterinarian for any | ||||||
11 | controlled
substance, of a physician assistant for a Schedule | ||||||
12 | III, IV, or V
controlled substance
in accordance with Section | ||||||
13 | 303.05 and the written guidelines required under
Section 7.5 of | ||||||
14 | the
Physician Assistant Practice Act of 1987, or of an advanced | ||||||
15 | practice
nurse who issues a prescription for a Schedule III, | ||||||
16 | IV, or V
controlled substance in accordance
with
Section 303.05 | ||||||
17 | and a written collaborative agreement under Section 10-120 of | ||||||
18 | the Nurse Practice Act
Sections 15-15
and
15-20 of the Nursing | ||||||
19 | and Advanced Practice Nursing Act .
| ||||||
20 | (oo) "Production" or "produce" means manufacture, | ||||||
21 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
22 | substance other than methamphetamine.
| ||||||
23 | (pp) "Registrant" means every person who is required to | ||||||
24 | register
under Section 302 of this Act.
| ||||||
25 | (qq) "Registry number" means the number assigned to each | ||||||
26 | person
authorized to handle controlled substances under the |
| |||||||
| |||||||
1 | laws of the United
States and of this State.
| ||||||
2 | (rr) "State" includes the State of Illinois and any state, | ||||||
3 | district,
commonwealth, territory, insular possession thereof, | ||||||
4 | and any area
subject to the legal authority of the United | ||||||
5 | States of America.
| ||||||
6 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
7 | a
controlled substance for his own use or for the use of a | ||||||
8 | member of his
household or for administering to an animal owned | ||||||
9 | by him or by a member
of his household.
| ||||||
10 | (Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03; | ||||||
11 | 94-556, eff. 9-11-05.)
| ||||||
12 | (720 ILCS 570/103) (from Ch. 56 1/2, par. 1103)
| ||||||
13 | Sec. 103. Scope of Act. Nothing in this Act limits the | ||||||
14 | lawful authority
granted by the
Medical Practice Act of 1987, | ||||||
15 | the Nurse Practice Act
Nursing and Advanced Practice
Nursing | ||||||
16 | Act , or
the Pharmacy Practice Act of 1987.
| ||||||
17 | (Source: P.A. 90-742, eff. 8-13-98.)
| ||||||
18 | (720 ILCS 570/303.05)
| ||||||
19 | Sec. 303.05. Mid-level practitioner registration.
| ||||||
20 | (a) The Department of Professional Regulation shall | ||||||
21 | register licensed
physician assistants and licensed advanced | ||||||
22 | practice nurses to prescribe and
dispense Schedule
III, IV, or | ||||||
23 | V controlled substances under Section 303 and euthanasia
| ||||||
24 | agencies to purchase, store, or administer euthanasia drugs |
| |||||||
| |||||||
1 | under the
following circumstances:
| ||||||
2 | (1) with respect to physician assistants or advanced | ||||||
3 | practice nurses,
| ||||||
4 | (A) the physician assistant or advanced practice | ||||||
5 | nurse has been
delegated
prescriptive authority by a | ||||||
6 | physician licensed to practice medicine in all its
| ||||||
7 | branches in accordance with Section 7.5 of the | ||||||
8 | Physician Assistant Practice Act
of 1987 or the Nurse | ||||||
9 | Practice Act
Section 15-20 of the Nursing and Advanced | ||||||
10 | Practice Nursing Act ;
and
| ||||||
11 | (B) the physician assistant or advanced practice | ||||||
12 | nurse has
completed the
appropriate application forms | ||||||
13 | and has paid the required fees as set by rule;
or
| ||||||
14 | (2) with respect to euthanasia agencies, the | ||||||
15 | euthanasia agency has
obtained a license from the | ||||||
16 | Department of
Professional Regulation and obtained a | ||||||
17 | registration number from the
Department.
| ||||||
18 | (b) The mid-level practitioner shall only be licensed to | ||||||
19 | prescribe those
schedules of controlled substances for which a | ||||||
20 | licensed physician has delegated
prescriptive authority, | ||||||
21 | except that a euthanasia agency does not have any
prescriptive | ||||||
22 | authority.
| ||||||
23 | (c) Upon completion of all registration requirements, | ||||||
24 | physician
assistants, advanced practice nurses, and euthanasia | ||||||
25 | agencies shall be issued a
mid-level practitioner
controlled | ||||||
26 | substances license for Illinois.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-626, eff. 12-23-03.)
| ||||||
2 | Section 90-275. The Methamphetamine Control and Community | ||||||
3 | Protection Act is amended by changing Section 110 as follows: | ||||||
4 | (720 ILCS 646/110)
| ||||||
5 | Sec. 110. Scope of Act. Nothing in this Act limits any | ||||||
6 | authority or activity authorized by the Illinois Controlled | ||||||
7 | Substances Act, the Medical Practice Act of 1987, the Nurse | ||||||
8 | Practice Act
Nursing and Advanced Practice Nursing Act , the | ||||||
9 | Pharmacy Practice Act of 1987, the Illinois Dental Practice | ||||||
10 | Act, the Podiatric Medical Practice Act of 1987, or the | ||||||
11 | Veterinary Medicine and Surgery Practice Act of 2004. Nothing | ||||||
12 | in this Act limits the authority or activity of any law | ||||||
13 | enforcement officer acting within the scope of his or her | ||||||
14 | employment.
| ||||||
15 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
16 | Section 90-280. The Methamphetamine Precursor Control Act | ||||||
17 | is amended by changing Section 50 as follows: | ||||||
18 | (720 ILCS 648/50) | ||||||
19 | Sec. 50. Scope of Act. | ||||||
20 | (a) Nothing in this Act limits the scope, terms, or effect | ||||||
21 | of the Methamphetamine Control and Community Protection Act. | ||||||
22 | (b) Nothing in this Act limits the lawful authority granted |
| |||||||
| |||||||
1 | by the Medical Practice Act of 1987, the Nurse Practice Act
| ||||||
2 | Nursing and Advanced Practice Nursing Act , or the Pharmacy | ||||||
3 | Practice Act of 1987. | ||||||
4 | (c) Nothing in this Act limits the authority or activity of | ||||||
5 | any law enforcement officer acting within the scope of his or | ||||||
6 | her employment.
| ||||||
7 | (Source: P.A. 94-694, eff. 1-15-06.)
| ||||||
8 | Section 90-285. The Good Samaritan Act is amended by | ||||||
9 | changing Sections 34 and 40 as follows:
| ||||||
10 | (745 ILCS 49/34)
| ||||||
11 | Sec. 34. Advanced practice nurse; exemption from civil
| ||||||
12 | liability for emergency care. A person licensed as an advanced | ||||||
13 | practice nurse
under the Nurse Practice Act
Nursing and | ||||||
14 | Advanced
Practice Nursing Act who in good faith provides | ||||||
15 | emergency care without fee to a
person shall not be liable for | ||||||
16 | civil damages as a result of his or her acts or
omissions, | ||||||
17 | except for willful or wanton misconduct on the part of the | ||||||
18 | person in
providing the care.
| ||||||
19 | (Source: P.A. 90-742, eff. 8-13-98.)
| ||||||
20 | (745 ILCS 49/40)
| ||||||
21 | Sec. 40. Nurses; exemption from civil liability for | ||||||
22 | services performed
without compensation.
| ||||||
23 | (a) No person licensed as a professional nurse or as a |
| |||||||
| |||||||
1 | practical nurse
under the Nurse Practice Act
Nursing and | ||||||
2 | Advanced Practice Nursing Act who, without
compensation, | ||||||
3 | renders nursing services shall be liable, and no cause of
| ||||||
4 | action may be brought, for damages resulting from an act or | ||||||
5 | omission in
rendering such services unless the act or omission | ||||||
6 | involved willful or
wanton misconduct.
| ||||||
7 | (b) (Blank).
| ||||||
8 | (c) As used in this Section "entity" means a | ||||||
9 | proprietorship, partnership,
association or corporation, | ||||||
10 | whether or not operated for profit.
| ||||||
11 | (d) Nothing in this Section is intended to bar any cause of | ||||||
12 | action against
an entity or change the liability of an entity | ||||||
13 | which arises out of an act
or omission of any person exempt | ||||||
14 | from liability for negligence under
this Section.
| ||||||
15 | (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)
| ||||||
16 | Section 90-290. The Unemployment Insurance Act is amended | ||||||
17 | by changing Section 230 as follows:
| ||||||
18 | (820 ILCS 405/230) (from Ch. 48, par. 340)
| ||||||
19 | Sec. 230. The term "employment" shall not include service | ||||||
20 | performed after
1971:
| ||||||
21 | (A) In the employ of a hospital, if such service is | ||||||
22 | performed
by a patient of the hospital.
| ||||||
23 | (B) As a student nurse in the employ of a hospital or a | ||||||
24 | nurses'
training
school by an individual who is enrolled |
| |||||||
| |||||||
1 | and is regularly attending classes
in a nurses' training | ||||||
2 | school approved pursuant to the Nurse Practice Act
Nursing
| ||||||
3 | and Advanced Practice Nursing Act .
| ||||||
4 | (C) As an intern in the employ of a hospital by an | ||||||
5 | individual who
has completed a 4 years' course in a medical | ||||||
6 | school chartered or approved
pursuant to State law.
| ||||||
7 | (Source: P.A. 90-742, eff. 8-13-98.)
| ||||||
8 | ARTICLE 95. REPEAL
| ||||||
9 | (225 ILCS 65/Act rep.)
| ||||||
10 | Section 95-95. The Nursing and Advanced Practice Nursing | ||||||
11 | Act is repealed. | ||||||
12 | ARTICLE 99. EFFECTIVE DATE
| ||||||
13 | Section 99-99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
|