Rep. Bob Morgan

Filed: 3/13/2023

 

 


 

 


 
10300HB0559ham001LRB103 04144 SPS 58838 a

1
AMENDMENT TO HOUSE BILL 559

2    AMENDMENT NO. ______. Amend House Bill 559 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the Health Care
5Workforce Reinforcement Act.
 
6    Section 5. The Department of Professional Regulation Law
7of the Civil Administrative Code of Illinois is amended by
8changing Section 2105-400 as follows:
 
9    (20 ILCS 2105/2105-400)
10    Sec. 2105-400. Emergency powers.
11    (a) Upon proclamation of a disaster by the Governor, as
12provided for in the Illinois Emergency Management Agency Act,
13the Secretary of Financial and Professional Regulation shall
14have the following powers, which shall be exercised only in
15coordination with the Illinois Emergency Management Agency and

 

 

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1the Department of Public Health:
2        (1) The power to suspend the requirements for
3    permanent or temporary licensure of persons who are
4    licensed in another state and are working under the
5    direction of the Illinois Emergency Management Agency and
6    the Department of Public Health pursuant to a declared
7    disaster.
8        (2) The power to modify the scope of practice
9    restrictions under any licensing act administered by the
10    Department for any person working under the direction of
11    the Illinois Emergency Management Agency and the Illinois
12    Department of Public Health pursuant to the declared
13    disaster.
14        (3) The power to expand the exemption in Section 4(a)
15    of the Pharmacy Practice Act to those licensed
16    professionals whose scope of practice has been modified,
17    under paragraph (2) of subsection (a) of this Section, to
18    include any element of the practice of pharmacy as defined
19    in the Pharmacy Practice Act for any person working under
20    the direction of the Illinois Emergency Management Agency
21    and the Illinois Department of Public Health pursuant to
22    the declared disaster.
23    (b) Persons exempt from licensure under paragraph (1) of
24subsection (a) of this Section and persons operating under
25modified scope of practice provisions under paragraph (2) of
26subsection (a) of this Section shall be exempt from licensure

 

 

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1or be subject to modified scope of practice only until the
2declared disaster has ended as provided by law. For purposes
3of this Section, persons working under the direction of an
4emergency services and disaster agency accredited by the
5Illinois Emergency Management Agency and a local public health
6department, pursuant to a declared disaster, shall be deemed
7to be working under the direction of the Illinois Emergency
8Management Agency and the Department of Public Health.
9    (c) The Secretary or the Director, as his or her designee,
10shall exercise these powers by way of proclamation.
11    (d) Any person who was issued a temporary out-of-state
12permit by the Department, pursuant to a proclamation issued by
13the Secretary or related action by the Director in response to
14the COVID-19 pandemic, may continue to practice under his or
15her temporary out-of-state permit if he or she submits an
16application for licensure by endorsement to the Department on
17or before May 11, 2023. Any such person may continue to
18practice under his or her temporary out-of-state permit until
19the Department issues the license or denies the application,
20at which time the temporary out-of-state permit shall expire.
21If the Department does not issue the license or does not deny
22the application by May 11, 2024, the temporary out-of-state
23permit shall expire. If the person holding a temporary
24out-of-state permit does not submit an application for
25licensure by endorsement to the Department on or before May
2611, 2023, the temporary out-of-state COVID permit shall expire

 

 

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1on that date. This subsection applies to the following
2licensed professions: physician; registered nurse; practical
3nurse; advanced practice registered nurse; full practice
4advanced practice registered nurse; pharmacist; occupational
5therapist; occupational therapy assistant; physical therapist;
6physical therapy assistant; clinical psychologist; physician
7assistant; clinical social worker; social worker; dietitian
8nutritionist; professional counselor; clinical professional
9counselor; and respiratory care practitioner.
10    (e) Any person who was issued a temporary reinstatement
11permit by the Department, pursuant to a proclamation issued by
12the Secretary or related action by the Director in response to
13the COVID-19 pandemic, may continue to practice under his or
14her temporary reinstatement permit if he or she submits an
15application for restoration or reinstatement of his or her
16license to the Department on or before May 11, 2023. Any such
17person may continue to practice under his or her temporary
18reinstatement permit until the Department restores or
19reinstates the license or denies the application, at which
20time the temporary reinstatement permit shall expire. If the
21Department does not restore or reinstate the license or does
22not deny the application by May 11, 2024, the temporary
23reinstatement permit shall expire. If the person holding a
24temporary reinstatement permit does not submit an application
25for restoration or reinstatement to the Department on or
26before May 11, 2023, the temporary reinstatement permit shall

 

 

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1expire on that date. This subsection applies to the following
2licensed professions: physician; registered nurse; practical
3nurse; advanced practice registered nurse; full practice
4advanced practice registered nurse; pharmacist; occupational
5therapist; occupational therapy assistant; physical therapist;
6physical therapy assistant; clinical psychologist; physician
7assistant; clinical social worker; social worker; dietitian
8nutritionist; professional counselor; clinical professional
9counselor; and respiratory care practitioner.
10(Source: P.A. 99-227, eff. 8-3-15.)
 
11    Section 10. The Assisted Living and Shared Housing Act is
12amended by changing Sections 40 and 110 as follows:
 
13    (210 ILCS 9/40)
14    Sec. 40. Probationary licenses. If the applicant has not
15been previously licensed under this Act or if the
16establishment is not in operation at the time the application
17is made and if the Department determines that the applicant
18meets the licensure requirements of this Act, the Department
19shall issue a probationary license. A probationary license
20shall be valid for 120 days, except that probationary licenses
21shall be valid for the duration of a disaster proclaimed by the
22Governor, unless sooner suspended or revoked. Within 30 days
23prior to the termination of a probationary license, the
24Department shall fully and completely review the establishment

 

 

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1and, if the establishment meets the applicable requirements
2for licensure, shall issue a license, except that during a
3disaster proclaimed by the Governor, the Department shall
4fully and completely review the establishment to the extent
5feasible. If the Department finds that the establishment does
6not meet the requirements for licensure, but has made
7substantial progress toward meeting those requirements, the
8license may be renewed once for a period not to exceed 120 days
9from the expiration date of the initial probationary license.
10(Source: P.A. 93-1003, eff. 8-23-04.)
 
11    (210 ILCS 9/110)
12    Sec. 110. Powers and duties of the Department.
13    (a) The Department shall conduct an annual unannounced
14on-site visit at each assisted living and shared housing
15establishment to determine compliance with applicable
16licensure requirements and standards, except that during a
17disaster proclaimed by the Governor, the Department shall
18conduct on-site reviews and annual unannounced on-site visits
19to the extent feasible. Additional visits may be conducted
20without prior notice to the assisted living or shared housing
21establishment.
22    (b) Upon receipt of information that may indicate the
23failure of the assisted living or shared housing establishment
24or a service provider to comply with a provision of this Act,
25the Department shall investigate the matter or make

 

 

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1appropriate referrals to other government agencies and
2entities having jurisdiction over the subject matter of the
3possible violation. The Department may also make referrals to
4any public or private agency that the Department considers
5available for appropriate assistance to those involved. The
6Department may oversee and coordinate the enforcement of State
7consumer protection policies affecting residents residing in
8an establishment licensed under this Act.
9    (c) The Department shall establish by rule complaint
10receipt, investigation, resolution, and involuntary residency
11termination procedures. Resolution procedures shall provide
12for on-site review and evaluation of an assisted living or
13shared housing establishment found to be in violation of this
14Act within a specified period of time based on the gravity and
15severity of the violation and any pervasive pattern of
16occurrences of the same or similar violations.
17    (d) (Blank).
18    (e) The Department shall by rule establish penalties and
19sanctions, which shall include, but need not be limited to,
20the creation of a schedule of graduated penalties and
21sanctions to include closure.
22    (f) The Department shall by rule establish procedures for
23disclosure of information to the public, which shall include,
24but not be limited to, ownership, licensure status, frequency
25of complaints, disposition of substantiated complaints, and
26disciplinary actions.

 

 

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1    (g) (Blank).
2    (h) Beginning January 1, 2000, the Department shall begin
3drafting rules necessary for the administration of this Act.
4(Source: P.A. 96-975, eff. 7-2-10.)
 
5    Section 15. The Nursing Home Care Act is amended by
6changing Sections 3-102.2, 3-116, 3-702, 3-102.2, 3-202.5,
73-202.6, 3-206, and 3-401 as follows:
 
8    (210 ILCS 45/3-102.2)
9    Sec. 3-102.2. Supported congregate living arrangement
10demonstration. The Illinois Department may grant no more than
113 waivers from the requirements of this Act for facilities
12participating in the supported congregate living arrangement
13demonstration. A joint waiver request must be made by an
14applicant and the Department on Aging. If the Department on
15Aging does not act upon an application within 60 days, the
16applicant may submit a written waiver request on its own
17behalf. The waiver request must include a specific program
18plan describing the types of residents to be served and the
19services that will be provided in the facility. The Department
20shall conduct an on-site review at each facility annually or
21as often as necessary to ascertain compliance with the program
22plan, except that during a disaster proclaimed by the
23Governor, the Department shall conduct on-site reviews and
24annual unannounced on-site visits to the extent feasible. The

 

 

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1Department may revoke the waiver if it determines that the
2facility is not in compliance with the program plan. Nothing
3in this Section prohibits the Department from conducting
4complaint investigations.
5     A facility granted a waiver under this Section is not
6subject to the Illinois Health Facilities Planning Act, unless
7it subsequently applies for a certificate of need to convert
8to a nursing facility. A facility applying for conversion
9shall meet the licensure and certificate of need requirements
10in effect as of the date of application, and this provision may
11not be waived.
12(Source: P.A. 89-530, eff. 7-19-96.)
 
13    (210 ILCS 45/3-116)  (from Ch. 111 1/2, par. 4153-116)
14    Sec. 3-116. If the applicant has not been previously
15licensed or if the facility is not in operation at the time
16application is made, the Department shall issue only a
17probationary license. A probationary license shall be valid
18for 120 days, except that probationary licenses shall be valid
19for the duration of a disaster proclaimed by the Governor,
20unless sooner suspended or revoked under Section 3-119. Within
2130 days prior to the termination of a probationary license,
22the Department shall fully and completely inspect the facility
23and, if the facility meets the applicable requirements for
24licensure, shall issue a license under Section 3-109, except
25that during a disaster proclaimed by the Governor, the

 

 

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1Department shall fully and completely inspect the
2establishment within appropriate timeframes to the extent
3feasible. If the Department finds that the facility does not
4meet the requirements for licensure but has made substantial
5progress toward meeting those requirements, the license may be
6renewed once for a period not to exceed 120 days from the
7expiration date of the initial probationary license.
8(Source: P.A. 81-223.)
 
9    (210 ILCS 45/3-202.5)
10    Sec. 3-202.5. Facility plan review; fees.
11    (a) Before commencing construction of a new facility or
12specified types of alteration or additions to an existing long
13term care facility involving major construction, as defined by
14rule by the Department, with an estimated cost greater than
15$100,000, architectural drawings and specifications for the
16facility shall be submitted to the Department for review and
17approval. A facility may submit architectural drawings and
18specifications for other construction projects for Department
19review according to subsection (b) that shall not be subject
20to fees under subsection (d). Review of drawings and
21specifications shall be conducted by an employee of the
22Department meeting the qualifications established by the
23Department of Central Management Services class specifications
24for such an individual's position or by a person contracting
25with the Department who meets those class specifications.

 

 

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1Final approval of the drawings and specifications for
2compliance with design and construction standards shall be
3obtained from the Department before the alteration, addition,
4or new construction is begun.
5    (b) The Department shall inform an applicant in writing
6within 10 working days after receiving drawings and
7specifications and the required fee, if any, from the
8applicant whether the applicant's submission is complete or
9incomplete. Failure to provide the applicant with this notice
10within 10 working days shall result in the submission being
11deemed complete for purposes of initiating the 60-day review
12period under this Section. If the submission is incomplete,
13the Department shall inform the applicant of the deficiencies
14with the submission in writing. If the submission is complete
15the required fee, if any, has been paid, the Department shall
16approve or disapprove drawings and specifications submitted to
17the Department no later than 60 days following receipt by the
18Department. The drawings and specifications shall be of
19sufficient detail, as provided by Department rule, to enable
20the Department to render a determination of compliance with
21design and construction standards under this Act. If the
22Department finds that the drawings are not of sufficient
23detail for it to render a determination of compliance, the
24plans shall be determined to be incomplete and shall not be
25considered for purposes of initiating the 60 day review
26period. If a submission of drawings and specifications is

 

 

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1incomplete, the applicant may submit additional information.
2The 60-day review period shall not commence until the
3Department determines that a submission of drawings and
4specifications is complete or the submission is deemed
5complete. If the Department has not approved or disapproved
6the drawings and specifications within 60 days, the
7construction, major alteration, or addition shall be deemed
8approved. If the drawings and specifications are disapproved,
9the Department shall state in writing, with specificity, the
10reasons for the disapproval. The entity submitting the
11drawings and specifications may submit additional information
12in response to the written comments from the Department or
13request a reconsideration of the disapproval. A final decision
14of approval or disapproval shall be made within 45 days of the
15receipt of the additional information or reconsideration
16request. If denied, the Department shall state the specific
17reasons for the denial.
18    (c) The Department shall provide written approval for
19occupancy pursuant to subsection (g) and shall not issue a
20violation to a facility as a result of a licensure or complaint
21survey based upon the facility's physical structure if:
22        (1) the Department reviewed and approved or deemed
23    approved the drawings and specifications for compliance
24    with design and construction standards;
25        (2) the construction, major alteration, or addition
26    was built as submitted;

 

 

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1        (3) the law or rules have not been amended since the
2    original approval; and
3        (4) the conditions at the facility indicate that there
4    is a reasonable degree of safety provided for the
5    residents.
6    (d) The Department shall charge the following fees in
7connection with its reviews conducted before June 30, 2004
8under this Section:
9        (1) (Blank).
10        (2) (Blank).
11        (3) If the estimated dollar value of the alteration,
12    addition, or new construction is $100,000 or more but less
13    than $500,000, the fee shall be the greater of $2,400 or
14    1.2% of that value.
15        (4) If the estimated dollar value of the alteration,
16    addition, or new construction is $500,000 or more but less
17    than $1,000,000, the fee shall be the greater of $6,000 or
18    0.96% of that value.
19        (5) If the estimated dollar value of the alteration,
20    addition, or new construction is $1,000,000 or more but
21    less than $5,000,000, the fee shall be the greater of
22    $9,600 or 0.22% of that value.
23        (6) If the estimated dollar value of the alteration,
24    addition, or new construction is $5,000,000 or more, the
25    fee shall be the greater of $11,000 or 0.11% of that value,
26    but shall not exceed $40,000.

 

 

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1    The fees provided in this subsection (d) shall not apply
2to major construction projects involving facility changes that
3are required by Department rule amendments.
4    The fees provided in this subsection (d) shall also not
5apply to major construction projects if 51% or more of the
6estimated cost of the project is attributed to capital
7equipment. For major construction projects where 51% or more
8of the estimated cost of the project is attributed to capital
9equipment, the Department shall by rule establish a fee that
10is reasonably related to the cost of reviewing the project.
11    The Department shall not commence the facility plan review
12process under this Section until the applicable fee has been
13paid.
14    (e) All fees received by the Department under this Section
15shall be deposited into the Health Facility Plan Review Fund,
16a special fund created in the State Treasury. All fees paid by
17long-term care facilities under subsection (d) shall be used
18only to cover the costs relating to the Department's review of
19long-term care facility projects under this Section. Moneys
20shall be appropriated from that Fund to the Department only to
21pay the costs of conducting reviews under this Section or
22under Section 3-202.5 of the ID/DD Community Care Act or
23Section 3-202.5 of the MC/DD Act. None of the moneys in the
24Health Facility Plan Review Fund shall be used to reduce the
25amount of General Revenue Fund moneys appropriated to the
26Department for facility plan reviews conducted pursuant to

 

 

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1this Section.
2    (f)(1) The provisions of this amendatory Act of 1997
3concerning drawings and specifications shall apply only to
4drawings and specifications submitted to the Department on or
5after October 1, 1997.
6    (2) On and after the effective date of this amendatory Act
7of 1997 and before October 1, 1997, an applicant may submit or
8resubmit drawings and specifications to the Department and pay
9the fees provided in subsection (d). If an applicant pays the
10fees provided in subsection (d) under this paragraph (2), the
11provisions of subsection (b) shall apply with regard to those
12drawings and specifications.
13    (g) The Department shall conduct an on-site inspection of
14the completed project no later than 30 days after notification
15from the applicant that the project has been completed and all
16certifications required by the Department have been received
17and accepted by the Department, except that during a disaster
18proclaimed by the Governor, the Department shall conduct an
19on-site inspection of the completed project to the extent
20feasible. The Department shall provide written approval for
21occupancy to the applicant within 5 working days of the
22Department's final inspection, provided the applicant has
23demonstrated substantial compliance as defined by Department
24rule. Occupancy of new major construction is prohibited until
25Department approval is received, unless the Department has not
26acted within the time frames provided in this subsection (g),

 

 

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1in which case the construction shall be deemed approved.
2Occupancy shall be authorized after any required health
3inspection by the Department has been conducted.
4    (h) The Department shall establish, by rule, a procedure
5to conduct interim on-site review of large or complex
6construction projects.
7    (i) The Department shall establish, by rule, an expedited
8process for emergency repairs or replacement of like
9equipment.
10    (j) Nothing in this Section shall be construed to apply to
11maintenance, upkeep, or renovation that does not affect the
12structural integrity of the building, does not add beds or
13services over the number for which the long-term care facility
14is licensed, and provides a reasonable degree of safety for
15the residents.
16(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
 
17    (210 ILCS 45/3-202.6)
18    Sec. 3-202.6. Department of Veterans' Affairs facility
19plan review.
20    (a) Before commencing construction of a new facility or
21specified types of alteration or additions to an existing
22long-term care facility involving major construction, as
23defined by rule by the Department, with an estimated cost
24greater than $100,000, architectural drawings and
25specifications for the facility shall be submitted to the

 

 

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1Department for review. A facility may submit architectural
2drawings and specifications for other construction projects
3for Department review according to subsection (b) of this
4Section. Review of drawings and specifications shall be
5conducted by an employee of the Department meeting the
6qualifications established by the Department of Central
7Management Services class specifications for such an
8individual's position or by a person contracting with the
9Department who meets those class specifications.
10    (b) The Department shall inform an applicant in writing
11within 15 working days after receiving drawings and
12specifications from the applicant whether the applicant's
13submission is complete or incomplete. Failure to provide the
14applicant with this notice within 15 working days after
15receiving drawings and specifications from the applicant shall
16result in the submission being deemed complete for purposes of
17initiating the 60-working-day review period under this
18Section. If the submission is incomplete, the Department shall
19inform the applicant of the deficiencies with the submission
20in writing.
21    If the submission is complete, the Department shall
22approve or disapprove drawings and specifications submitted to
23the Department no later than 60 working days following receipt
24by the Department. The drawings and specifications shall be of
25sufficient detail, as provided by Department rule, to enable
26the Department to render a determination of compliance with

 

 

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1design and construction standards under this Act. If the
2Department finds that the drawings are not of sufficient
3detail for it to render a determination of compliance, the
4plans shall be determined to be incomplete and shall not be
5considered for purposes of initiating the 60-working-day
6review period. If a submission of drawings and specifications
7is incomplete, the applicant may submit additional
8information. The 60-working-day review period shall not
9commence until the Department determines that a submission of
10drawings and specifications is complete or the submission is
11deemed complete. If the Department has not approved or
12disapproved the drawings and specifications within 60 working
13days after receipt by the Department, the construction, major
14alteration, or addition shall be deemed approved. If the
15drawings and specifications are disapproved, the Department
16shall state in writing, with specificity, the reasons for the
17disapproval. The entity submitting the drawings and
18specifications may submit additional information in response
19to the written comments from the Department or request a
20reconsideration of the disapproval. A final decision of
21approval or disapproval shall be made within 45 working days
22after the receipt of the additional information or
23reconsideration request. If denied, the Department shall state
24the specific reasons for the denial.
25    (c) The Department shall provide written approval for
26occupancy pursuant to subsection (e) of this Section and shall

 

 

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1not issue a violation to a facility as a result of a licensure
2or complaint survey based upon the facility's physical
3structure if:
4        (1) the Department reviewed and approved or is deemed
5    to have approved the drawings and specifications for
6    compliance with design and construction standards;
7        (2) the construction, major alteration, or addition
8    was built as submitted;
9        (3) the law or rules have not been amended since the
10    original approval; and
11        (4) the conditions at the facility indicate that there
12    is a reasonable degree of safety provided for the
13    residents.
14    (d) The Department shall not charge a fee in connection
15with its reviews to the Department of Veterans' Affairs.
16    (e) The Department shall conduct an on-site inspection of
17the completed project no later than 45 working days after
18notification from the applicant that the project has been
19completed and all certifications required by the Department
20have been received and accepted by the Department, except that
21during a disaster proclaimed by the Governor, the Department
22shall conduct an on-site inspection of the completed project
23to the extent feasible. The Department may extend this
24deadline if a federally mandated survey time frame takes
25precedence. The Department shall provide written approval for
26occupancy to the applicant within 7 working days after the

 

 

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1Department's final inspection, provided the applicant has
2demonstrated substantial compliance as defined by Department
3rule. Occupancy of new major construction is prohibited until
4Department approval is received, unless the Department has not
5acted within the time frames provided in this subsection (e),
6in which case the construction shall be deemed approved.
7Occupancy shall be authorized after any required health
8inspection by the Department has been conducted.
9    (f) The Department shall establish, by rule, an expedited
10process for emergency repairs or replacement of like
11equipment.
12    (g) Nothing in this Section shall be construed to apply to
13maintenance, upkeep, or renovation that does not affect the
14structural integrity or fire or life safety of the building,
15does not add beds or services over the number for which the
16long-term care facility is licensed, and provides a reasonable
17degree of safety for the residents.
18    (h) If the number of licensed facilities increases or the
19number of beds for the currently licensed facilities
20increases, the Department has the right to reassess the
21mandated time frames listed in this Section.
22(Source: P.A. 99-314, eff. 8-7-15.)
 
23    (210 ILCS 45/3-206)  (from Ch. 111 1/2, par. 4153-206)
24    Sec. 3-206. The Department shall prescribe a curriculum
25for training nursing assistants, habilitation aides, and child

 

 

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1care aides.
2    (a) No person, except a volunteer who receives no
3compensation from a facility and is not included for the
4purpose of meeting any staffing requirements set forth by the
5Department, shall act as a nursing assistant, habilitation
6aide, or child care aide in a facility, nor shall any person,
7under any other title, not licensed, certified, or registered
8to render medical care by the Department of Financial and
9Professional Regulation, assist with the personal, medical, or
10nursing care of residents in a facility, unless such person
11meets the following requirements:
12        (1) Be at least 16 years of age, of temperate habits
13    and good moral character, honest, reliable and
14    trustworthy.
15        (2) Be able to speak and understand the English
16    language or a language understood by a substantial
17    percentage of the facility's residents.
18        (3) Provide evidence of employment or occupation, if
19    any, and residence for 2 years prior to his present
20    employment.
21        (4) Have completed at least 8 years of grade school or
22    provide proof of equivalent knowledge.
23        (5) Begin a current course of training for nursing
24    assistants, habilitation aides, or child care aides,
25    approved by the Department, within 45 days of initial
26    employment in the capacity of a nursing assistant,

 

 

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1    habilitation aide, or child care aide at any facility.
2    Such courses of training shall be successfully completed
3    within 120 days of initial employment in the capacity of
4    nursing assistant, habilitation aide, or child care aide
5    at a facility. Nursing assistants, habilitation aides, and
6    child care aides who are enrolled in approved courses in
7    community colleges or other educational institutions on a
8    term, semester, or trimester basis, shall be exempt from
9    the 120-day completion time limit. During a disaster
10    proclaimed by the Governor, all nursing assistants,
11    habilitation aides, and child care aides shall be exempt
12    from the 120-day completion time limit. The Department
13    shall adopt rules for such courses of training. These
14    rules shall include procedures for facilities to carry on
15    an approved course of training within the facility. The
16    Department shall allow an individual to satisfy the
17    supervised clinical experience requirement for placement
18    on the Health Care Worker Registry under 77 Ill. Adm. Code
19    300.663 through supervised clinical experience at an
20    assisted living establishment licensed under the Assisted
21    Living and Shared Housing Act. The Department shall adopt
22    rules requiring that the Health Care Worker Registry
23    include information identifying where an individual on the
24    Health Care Worker Registry received his or her clinical
25    training.
26        The Department may accept comparable training in lieu

 

 

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1    of the 120-hour course for student nurses, foreign nurses,
2    military personnel, or employees of the Department of
3    Human Services.
4        The Department shall accept on-the-job experience in
5    lieu of clinical training from any individual who
6    participated in the temporary nursing assistant program
7    during the COVID-19 pandemic before the end date of the
8    temporary nursing assistant program and left the program
9    in good standing, and the Department shall notify all
10    approved certified nurse assistant training programs in
11    the State of this requirement. The individual shall
12    receive one hour of credit for every hour employed as a
13    temporary nursing assistant, up to 40 total hours, and
14    shall be permitted 90 days after the end date of the
15    temporary nursing assistant program to enroll in an
16    approved certified nursing assistant training program and
17    240 days to successfully complete the certified nursing
18    assistant training program. Temporary nursing assistants
19    who enroll in a certified nursing assistant training
20    program within 90 days of the end of the temporary nursing
21    assistant program may continue to work as a nursing
22    assistant for up to 240 days after enrollment in the
23    certified nursing assistant training program. As used in
24    this Section, "temporary nursing assistant program" means
25    the program implemented by the Department of Public Health
26    by emergency rule, as listed in 44 Ill. Reg. 7936,

 

 

10300HB0559ham001- 24 -LRB103 04144 SPS 58838 a

1    effective April 21, 2020.
2        The facility shall develop and implement procedures,
3    which shall be approved by the Department, for an ongoing
4    review process, which shall take place within the
5    facility, for nursing assistants, habilitation aides, and
6    child care aides.
7        At the time of each regularly scheduled licensure
8    survey, or at the time of a complaint investigation, the
9    Department may require any nursing assistant, habilitation
10    aide, or child care aide to demonstrate, either through
11    written examination or action, or both, sufficient
12    knowledge in all areas of required training. If such
13    knowledge is inadequate the Department shall require the
14    nursing assistant, habilitation aide, or child care aide
15    to complete inservice training and review in the facility
16    until the nursing assistant, habilitation aide, or child
17    care aide demonstrates to the Department, either through
18    written examination or action, or both, sufficient
19    knowledge in all areas of required training.
20        (6) Be familiar with and have general skills related
21    to resident care.
22    (a-0.5) An educational entity, other than a secondary
23school, conducting a nursing assistant, habilitation aide, or
24child care aide training program shall initiate a criminal
25history record check in accordance with the Health Care Worker
26Background Check Act prior to entry of an individual into the

 

 

10300HB0559ham001- 25 -LRB103 04144 SPS 58838 a

1training program. A secondary school may initiate a criminal
2history record check in accordance with the Health Care Worker
3Background Check Act at any time during or after a training
4program.
5    (a-1) Nursing assistants, habilitation aides, or child
6care aides seeking to be included on the Health Care Worker
7Registry under the Health Care Worker Background Check Act on
8or after January 1, 1996 must authorize the Department of
9Public Health or its designee to request a criminal history
10record check in accordance with the Health Care Worker
11Background Check Act and submit all necessary information. An
12individual may not newly be included on the Health Care Worker
13Registry unless a criminal history record check has been
14conducted with respect to the individual.
15    (b) Persons subject to this Section shall perform their
16duties under the supervision of a licensed nurse.
17    (c) It is unlawful for any facility to employ any person in
18the capacity of nursing assistant, habilitation aide, or child
19care aide, or under any other title, not licensed by the State
20of Illinois to assist in the personal, medical, or nursing
21care of residents in such facility unless such person has
22complied with this Section.
23    (d) Proof of compliance by each employee with the
24requirements set out in this Section shall be maintained for
25each such employee by each facility in the individual
26personnel folder of the employee. Proof of training shall be

 

 

10300HB0559ham001- 26 -LRB103 04144 SPS 58838 a

1obtained only from the Health Care Worker Registry.
2    (e) Each facility shall obtain access to the Health Care
3Worker Registry's web application, maintain the employment and
4demographic information relating to each employee, and verify
5by the category and type of employment that each employee
6subject to this Section meets all the requirements of this
7Section.
8    (f) Any facility that is operated under Section 3-803
9shall be exempt from the requirements of this Section.
10    (g) Each skilled nursing and intermediate care facility
11that admits persons who are diagnosed as having Alzheimer's
12disease or related dementias shall require all nursing
13assistants, habilitation aides, or child care aides, who did
14not receive 12 hours of training in the care and treatment of
15such residents during the training required under paragraph
16(5) of subsection (a), to obtain 12 hours of in-house training
17in the care and treatment of such residents. If the facility
18does not provide the training in-house, the training shall be
19obtained from other facilities, community colleges or other
20educational institutions that have a recognized course for
21such training. The Department shall, by rule, establish a
22recognized course for such training. The Department's rules
23shall provide that such training may be conducted in-house at
24each facility subject to the requirements of this subsection,
25in which case such training shall be monitored by the
26Department.

 

 

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1    The Department's rules shall also provide for
2circumstances and procedures whereby any person who has
3received training that meets the requirements of this
4subsection shall not be required to undergo additional
5training if he or she is transferred to or obtains employment
6at a different facility or a facility other than a long-term
7care facility but remains continuously employed for pay as a
8nursing assistant, habilitation aide, or child care aide.
9Individuals who have performed no nursing or nursing-related
10services for a period of 24 consecutive months shall be listed
11as "inactive" and as such do not meet the requirements of this
12Section. Licensed sheltered care facilities shall be exempt
13from the requirements of this Section.
14    An individual employed during the COVID-19 pandemic as a
15nursing assistant in accordance with any Executive Orders,
16emergency rules, or policy memoranda related to COVID-19 shall
17be assumed to meet competency standards and may continue to be
18employed as a certified nurse assistant when the pandemic ends
19and the Executive Orders or emergency rules lapse. Such
20individuals shall be listed on the Department's Health Care
21Worker Registry website as "active".
22(Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17;
23100-863, eff. 8-14-18; 101-655, eff. 3-12-21.)
 
24    (210 ILCS 45/3-401)  (from Ch. 111 1/2, par. 4153-401)
25    Sec. 3-401. A facility may involuntarily transfer or

 

 

10300HB0559ham001- 28 -LRB103 04144 SPS 58838 a

1discharge a resident only for one or more of the following
2reasons:
3        (a) for medical reasons;
4        (b) for the resident's physical safety;
5        (c) for the physical safety of other residents, the
6    facility staff or facility visitors; or
7        (d) for either late payment or nonpayment for the
8    resident's stay, except as prohibited by Titles XVIII and
9    XIX of the federal Social Security Act or during a
10    disaster proclaimed by the Governor. For purposes of this
11    Section, "late payment" means non-receipt of payment after
12    submission of a bill. If payment is not received within 45
13    days after submission of a bill, a facility may send a
14    notice to the resident and responsible party requesting
15    payment within 30 days. If payment is not received within
16    such 30 days, the facility may thereupon institute
17    transfer or discharge proceedings by sending a notice of
18    transfer or discharge to the resident and responsible
19    party by registered or certified mail. The notice shall
20    state, in addition to the requirements of Section 3-403 of
21    this Act, that the responsible party has the right to pay
22    the amount of the bill in full up to the date the transfer
23    or discharge is to be made and then the resident shall have
24    the right to remain in the facility. Such payment shall
25    terminate the transfer or discharge proceedings. This
26    subsection does not apply to those residents whose care is

 

 

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1    provided for under the Illinois Public Aid Code. The
2    Department shall adopt rules setting forth the criteria
3    and procedures to be applied in cases of involuntary
4    transfer or discharge permitted under this Section.
5(Source: P.A. 91-357, eff. 7-29-99.)
 
6    (210 ILCS 45/3-702)  (from Ch. 111 1/2, par. 4153-702)
7    Sec. 3-702. (a) A person who believes that this Act or a
8rule promulgated under this Act may have been violated may
9request an investigation. The request may be submitted to the
10Department in writing, by telephone, by electronic means, or
11by personal visit. An oral complaint shall be reduced to
12writing by the Department. The Department shall make
13available, through its website and upon request, information
14regarding the oral and phone intake processes and the list of
15questions that will be asked of the complainant. The
16Department shall request information identifying the
17complainant, including the name, address, and telephone
18number, to help enable appropriate follow-up. The Department
19shall act on such complaints via on-site visits or other
20methods deemed appropriate to handle the complaints with or
21without such identifying information, as otherwise provided
22under this Section. The complainant shall be informed that
23compliance with such request is not required to satisfy the
24procedures for filing a complaint under this Act. The
25Department must notify complainants that complaints with less

 

 

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1information provided are far more difficult to respond to and
2investigate.
3    (b) The substance of the complaint shall be provided in
4writing to the licensee, owner, or administrator no earlier
5than at the commencement of an on-site inspection of the
6facility which takes place pursuant to the complaint.
7    (c) The Department shall not disclose the name of the
8complainant unless the complainant consents in writing to the
9disclosure or the investigation results in a judicial
10proceeding, or unless disclosure is essential to the
11investigation. The complainant shall be given the opportunity
12to withdraw the complaint before disclosure. Upon the request
13of the complainant, the Department may permit the complainant
14or a representative of the complainant to accompany the person
15making the on-site inspection of the facility.
16    (d) Upon receipt of a complaint, the Department shall
17determine whether this Act or a rule promulgated under this
18Act has been or is being violated. The Department shall
19investigate all complaints alleging abuse or neglect within 7
20days after the receipt of the complaint except that complaints
21of abuse or neglect which indicate that a resident's life or
22safety is in imminent danger shall be investigated within 24
23hours after receipt of the complaint. All other complaints
24shall be investigated within 30 days after the receipt of the
25complaint, except that during a disaster proclaimed by the
26Governor, all other complaints shall be investigated within

 

 

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1appropriate timeframes to the extent feasible. The Department
2employees investigating a complaint shall conduct a brief,
3informal exit conference with the facility to alert its
4administration of any suspected serious deficiency that poses
5a direct threat to the health, safety, or welfare of a resident
6to enable an immediate correction for the alleviation or
7elimination of such threat. Such information and findings
8discussed in the brief exit conference shall become a part of
9the investigating record but shall not in any way constitute
10an official or final notice of violation as provided under
11Section 3-301. All complaints shall be classified as "an
12invalid report", "a valid report", or "an undetermined
13report". For any complaint classified as "a valid report", the
14Department must determine within 30 working days after any
15Department employee enters a facility to begin an on-site
16inspection if any rule or provision of this Act has been or is
17being violated.
18    (d-1) The Department shall, whenever possible, combine an
19on-site investigation of a complaint in a facility with other
20inspections in order to avoid duplication of inspections.
21    (e) In all cases, the Department shall inform the
22complainant of its findings within 10 days of its
23determination unless otherwise indicated by the complainant,
24and the complainant may direct the Department to send a copy of
25such findings to another person. The Department's findings may
26include comments or documentation provided by either the

 

 

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1complainant or the licensee pertaining to the complaint. The
2Department shall also notify the facility of such findings
3within 10 days of the determination, but the name of the
4complainant or residents shall not be disclosed in this notice
5to the facility. The notice of such findings shall include a
6copy of the written determination; the correction order, if
7any; the warning notice, if any; the inspection report; or the
8State licensure form on which the violation is listed.
9    (f) A written determination, correction order, or warning
10notice concerning a complaint, together with the facility's
11response, shall be available for public inspection, but the
12name of the complainant or resident shall not be disclosed
13without his consent.
14    (g) A complainant who is dissatisfied with the
15determination or investigation by the Department may request a
16hearing under Section 3-703. The facility shall be given
17notice of any such hearing and may participate in the hearing
18as a party. If a facility requests a hearing under Section
193-703 which concerns a matter covered by a complaint, the
20complainant shall be given notice and may participate in the
21hearing as a party. A request for a hearing by either a
22complainant or a facility shall be submitted in writing to the
23Department within 30 days after the mailing of the
24Department's findings as described in subsection (e) of this
25Section. Upon receipt of the request the Department shall
26conduct a hearing as provided under Section 3-703.

 

 

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1    (g-5) The Department shall conduct an annual review of all
2survey activity from the preceding fiscal year and make a
3report concerning the complaint and survey process. The report
4shall include, but not be limited to:
5        (1) the total number of complaints received;
6        (2) the breakdown of 24-hour, 7-day, and 30-day
7    complaints;
8        (3) the breakdown of anonymous and non-anonymous
9    complaints;
10        (4) the number of complaints that were substantiated
11    versus unsubstantiated;
12        (5) the total number of substantiated complaints that
13    were completed in the time frame determined under
14    subsection (d);
15        (6) the total number of informal dispute resolutions
16    requested;
17        (7) the total number of informal dispute resolution
18    requests approved;
19        (8) the total number of informal dispute resolutions
20    that were overturned or reduced in severity;
21        (9) the total number of nurse surveyors hired during
22    the calendar year;
23        (10) the total number of nurse surveyors who left
24    Department employment;
25        (11) the average length of tenure for nurse surveyors
26    employed by the Department at the time the report is

 

 

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1    created;
2        (12) the total number of times the Department imposed
3    discretionary denial of payment within 15 days of notice
4    and within 2 days of notice as well as the number of times
5    the discretionary denial of payment took effect; and
6        (13) any other complaint information requested by the
7    Long-Term Care Facility Advisory Board created under
8    Section 2-204 of this Act or the Illinois Long-Term Care
9    Council created under Section 4.04a of the Illinois Act on
10    the Aging.
11    This report shall be provided to the Long-Term Care
12Facility Advisory Board, the Illinois Long-Term Care Council,
13and the General Assembly. The Long-Term Care Facility Advisory
14Board and the Illinois Long-Term Care Council shall review the
15report and suggest any changes deemed necessary to the
16Department for review and action, including how to investigate
17and substantiate anonymous complaints.
18    (h) Any person who knowingly transmits a false report to
19the Department commits the offense of disorderly conduct under
20subsection (a)(8) of Section 26-1 of the Criminal Code of
212012.
22(Source: P.A. 102-432, eff. 8-20-21; 102-947, eff. 1-1-23;
23revised 12-9-22.)
 
24    Section 20. The MC/DD Act is amended by changing Sections
253-116, 3-202.5, 3-401, and 3-702 as follows:
 

 

 

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1    (210 ILCS 46/3-116)
2    Sec. 3-116. Probationary license. If the applicant has not
3been previously licensed or if the facility is not in
4operation at the time application is made, the Department
5shall issue only a probationary license. A probationary
6license shall be valid for 120 days, except that probationary
7licenses shall be valid for the duration of a disaster
8proclaimed by the Governor, unless sooner suspended or revoked
9under Section 3-119. Within 30 days prior to the termination
10of a probationary license, the Department shall fully and
11completely inspect the facility and, if the facility meets the
12applicable requirements for licensure, shall issue a license
13under Section 3-109, except that during a disaster proclaimed
14by the Governor, the Department shall inspect facilities
15within an appropriate timeframe to the extent feasible. If the
16Department finds that the facility does not meet the
17requirements for licensure but has made substantial progress
18toward meeting those requirements, the license may be renewed
19once for a period not to exceed 120 days from the expiration
20date of the initial probationary license.
21(Source: P.A. 99-180, eff. 7-29-15.)
 
22    (210 ILCS 46/3-202.5)
23    Sec. 3-202.5. Facility plan review; fees.
24    (a) Before commencing construction of a new facility or

 

 

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1specified types of alteration or additions to an existing
2facility involving major construction, as defined by rule by
3the Department, with an estimated cost greater than $100,000,
4architectural drawings and specifications for the facility
5shall be submitted to the Department for review and approval.
6A facility may submit architectural drawings and
7specifications for other construction projects for Department
8review according to subsection (b) that shall not be subject
9to fees under subsection (d). Review of drawings and
10specifications shall be conducted by an employee of the
11Department meeting the qualifications established by the
12Department of Central Management Services class specifications
13for such an individual's position or by a person contracting
14with the Department who meets those class specifications.
15Final approval of the drawings and specifications for
16compliance with design and construction standards shall be
17obtained from the Department before the alteration, addition,
18or new construction is begun.
19    (b) The Department shall inform an applicant in writing
20within 10 working days after receiving drawings and
21specifications and the required fee, if any, from the
22applicant whether the applicant's submission is complete or
23incomplete. Failure to provide the applicant with this notice
24within 10 working days shall result in the submission being
25deemed complete for purposes of initiating the 60 day review
26period under this Section. If the submission is incomplete,

 

 

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1the Department shall inform the applicant of the deficiencies
2with the submission in writing. If the submission is complete
3the required fee, if any, has been paid, the Department shall
4approve or disapprove drawings and specifications submitted to
5the Department no later than 60 days following receipt by the
6Department. The drawings and specifications shall be of
7sufficient detail, as provided by Department rule, to enable
8the Department to render a determination of compliance with
9design and construction standards under this Act. If the
10Department finds that the drawings are not of sufficient
11detail for it to render a determination of compliance, the
12plans shall be determined to be incomplete and shall not be
13considered for purposes of initiating the 60 day review
14period. If a submission of drawings and specifications is
15incomplete, the applicant may submit additional information.
16The 60 day review period shall not commence until the
17Department determines that a submission of drawings and
18specifications is complete or the submission is deemed
19complete. If the Department has not approved or disapproved
20the drawings and specifications within 60 days, the
21construction, major alteration, or addition shall be deemed
22approved. If the drawings and specifications are disapproved,
23the Department shall state in writing, with specificity, the
24reasons for the disapproval. The entity submitting the
25drawings and specifications may submit additional information
26in response to the written comments from the Department or

 

 

10300HB0559ham001- 38 -LRB103 04144 SPS 58838 a

1request a reconsideration of the disapproval. A final decision
2of approval or disapproval shall be made within 45 days of the
3receipt of the additional information or reconsideration
4request. If denied, the Department shall state the specific
5reasons for the denial.
6    (c) The Department shall provide written approval for
7occupancy pursuant to subsection (g) and shall not issue a
8violation to a facility as a result of a licensure or complaint
9survey based upon the facility's physical structure if:
10        (1) the Department reviewed and approved or deemed
11    approved the drawings and specifications for compliance
12    with design and construction standards;
13        (2) the construction, major alteration, or addition
14    was built as submitted;
15        (3) the law or rules have not been amended since the
16    original approval; and
17        (4) the conditions at the facility indicate that there
18    is a reasonable degree of safety provided for the
19    residents.
20    (d) (Blank).
21    (e) All fees received by the Department under this Section
22shall be deposited into the Health Facility Plan Review Fund,
23a special fund created in the State Treasury. Moneys shall be
24appropriated from that Fund to the Department only to pay the
25costs of conducting reviews under this Section, under Section
263-202.5 of the Nursing Home Care Act, or under Section 3-202.5

 

 

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1of the ID/DD Community Care Act. None of the moneys in the
2Health Facility Plan Review Fund shall be used to reduce the
3amount of General Revenue Fund moneys appropriated to the
4Department for facility plan reviews conducted pursuant to
5this Section.
6    (f) (Blank).
7    (g) The Department shall conduct an on site inspection of
8the completed project no later than 30 days after notification
9from the applicant that the project has been completed and all
10certifications required by the Department have been received
11and accepted by the Department, except that during a disaster
12proclaimed by the Governor, the Department shall conduct
13on-site inspection to the extent feasible. The Department
14shall provide written approval for occupancy to the applicant
15within 5 working days of the Department's final inspection,
16provided the applicant has demonstrated substantial compliance
17as defined by Department rule. Occupancy of new major
18construction is prohibited until Department approval is
19received, unless the Department has not acted within the time
20frames provided in this subsection (g), in which case the
21construction shall be deemed approved. Occupancy shall be
22authorized after any required health inspection by the
23Department has been conducted.
24    (h) The Department shall establish, by rule, a procedure
25to conduct interim on site review of large or complex
26construction projects.

 

 

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1    (i) The Department shall establish, by rule, an expedited
2process for emergency repairs or replacement of like
3equipment.
4    (j) Nothing in this Section shall be construed to apply to
5maintenance, upkeep, or renovation that does not affect the
6structural integrity of the building, does not add beds or
7services over the number for which the facility is licensed,
8and provides a reasonable degree of safety for the residents.
9(Source: P.A. 99-180, eff. 7-29-15.)
 
10    (210 ILCS 46/3-401)
11    Sec. 3-401. Involuntary transfer or discharge of resident.
12A facility may involuntarily transfer or discharge a resident
13only for one or more of the following reasons:
14    (a) for medical reasons;
15    (b) for the resident's physical safety;
16    (c) for the physical safety of other residents, the
17facility staff or facility visitors; or
18    (d) for either late payment or nonpayment for the
19resident's stay, except as prohibited by Titles XVIII and XIX
20of the federal Social Security Act or during a disaster
21proclaimed by the Governor. For purposes of this Section,
22"late payment" means non-receipt of payment after submission
23of a bill. If payment is not received within 45 days after
24submission of a bill, a facility may send a notice to the
25resident and responsible party requesting payment within 30

 

 

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1days. If payment is not received within such 30 days, the
2facility may thereupon institute transfer or discharge
3proceedings by sending a notice of transfer or discharge to
4the resident and responsible party by registered or certified
5mail. The notice shall state, in addition to the requirements
6of Section 3-403 of this Act, that the responsible party has
7the right to pay the amount of the bill in full up to the date
8the transfer or discharge is to be made and then the resident
9shall have the right to remain in the facility. Such payment
10shall terminate the transfer or discharge proceedings. This
11subsection does not apply to those residents whose care is
12provided for under the Illinois Public Aid Code. The
13Department shall adopt rules setting forth the criteria and
14procedures to be applied in cases of involuntary transfer or
15discharge permitted under this Section.
16(Source: P.A. 99-180, eff. 7-29-15.)
 
17    (210 ILCS 46/3-702)
18    Sec. 3-702. Request for investigation of violation.
19    (a) A person who believes that this Act or a rule
20promulgated under this Act may have been violated may request
21an investigation. The request may be submitted to the
22Department in writing, by telephone, by electronic means, or
23by personal visit. An oral complaint shall be reduced to
24writing by the Department. The Department shall make
25available, through its website and upon request, information

 

 

10300HB0559ham001- 42 -LRB103 04144 SPS 58838 a

1regarding the oral and phone intake processes and the list of
2questions that will be asked of the complainant. The
3Department shall request information identifying the
4complainant, including the name, address and telephone number,
5to help enable appropriate follow up. The Department shall act
6on such complaints via on-site visits or other methods deemed
7appropriate to handle the complaints with or without such
8identifying information, as otherwise provided under this
9Section. The complainant shall be informed that compliance
10with such request is not required to satisfy the procedures
11for filing a complaint under this Act. The Department must
12notify complainants that complaints with less information
13provided are far more difficult to respond to and investigate.
14    (b) The substance of the complaint shall be provided in
15writing to the licensee, owner or administrator no earlier
16than at the commencement of an on-site inspection of the
17facility which takes place pursuant to the complaint.
18    (c) The Department shall not disclose the name of the
19complainant unless the complainant consents in writing to the
20disclosure or the investigation results in a judicial
21proceeding, or unless disclosure is essential to the
22investigation. The complainant shall be given the opportunity
23to withdraw the complaint before disclosure. Upon the request
24of the complainant, the Department may permit the complainant
25or a representative of the complainant to accompany the person
26making the on-site inspection of the facility.

 

 

10300HB0559ham001- 43 -LRB103 04144 SPS 58838 a

1    (d) Upon receipt of a complaint, the Department shall
2determine whether this Act or a rule promulgated under this
3Act has been or is being violated. The Department shall
4investigate all complaints alleging abuse or neglect within 7
5days after the receipt of the complaint except that complaints
6of abuse or neglect which indicate that a resident's life or
7safety is in imminent danger shall be investigated within 24
8hours after receipt of the complaint. All other complaints
9shall be investigated within 30 days after the receipt of the
10complaint, except that during a disaster proclaimed by the
11Governor, all other complaints shall be investigated within an
12appropriate timeframe to the extent feasible. The Department
13employees investigating a complaint shall conduct a brief,
14informal exit conference with the facility to alert its
15administration of any suspected serious deficiency that poses
16a direct threat to the health, safety or welfare of a resident
17to enable an immediate correction for the alleviation or
18elimination of such threat. Such information and findings
19discussed in the brief exit conference shall become a part of
20the investigating record but shall not in any way constitute
21an official or final notice of violation as provided under
22Section 3-301. All complaints shall be classified as "an
23invalid report", "a valid report", or "an undetermined
24report". For any complaint classified as "a valid report", the
25Department must determine within 30 working days if any rule
26or provision of this Act has been or is being violated.

 

 

10300HB0559ham001- 44 -LRB103 04144 SPS 58838 a

1    (d-1) The Department shall, whenever possible, combine an
2on site investigation of a complaint in a facility with other
3inspections in order to avoid duplication of inspections.
4    (e) In all cases, the Department shall inform the
5complainant of its findings within 10 days of its
6determination unless otherwise indicated by the complainant,
7and the complainant may direct the Department to send a copy of
8such findings to another person. The Department's findings may
9include comments or documentation provided by either the
10complainant or the licensee pertaining to the complaint. The
11Department shall also notify the facility of such findings
12within 10 days of the determination, but the name of the
13complainant or residents shall not be disclosed in this notice
14to the facility. The notice of such findings shall include a
15copy of the written determination; the correction order, if
16any; the warning notice, if any; the inspection report; or the
17State licensure form on which the violation is listed.
18    (f) A written determination, correction order, or warning
19notice concerning a complaint, together with the facility's
20response, shall be available for public inspection, but the
21name of the complainant or resident shall not be disclosed
22without his or her consent.
23    (g) A complainant who is dissatisfied with the
24determination or investigation by the Department may request a
25hearing under Section 3-703. The facility shall be given
26notice of any such hearing and may participate in the hearing

 

 

10300HB0559ham001- 45 -LRB103 04144 SPS 58838 a

1as a party. If a facility requests a hearing under Section
23-703 which concerns a matter covered by a complaint, the
3complainant shall be given notice and may participate in the
4hearing as a party. A request for a hearing by either a
5complainant or a facility shall be submitted in writing to the
6Department within 30 days after the mailing of the
7Department's findings as described in subsection (e) of this
8Section. Upon receipt of the request the Department shall
9conduct a hearing as provided under Section 3-703.
10    (g-5) The Department shall conduct an annual review and
11make a report concerning the complaint process that includes
12the number of complaints received, the breakdown of anonymous
13and non-anonymous complaints and whether the complaints were
14substantiated or not, the total number of substantiated
15complaints, and any other complaint information requested by
16the DD Facility Advisory Board. This report shall be provided
17to the DD Facility Advisory Board. The DD Facility Advisory
18Board shall review the report and suggest any changes deemed
19necessary to the Department for review and action, including
20how to investigate and substantiate anonymous complaints.
21    (h) Any person who knowingly transmits a false report to
22the Department commits the offense of disorderly conduct under
23subsection (a)(8) of Section 26-1 of the Criminal Code of
242012.
25(Source: P.A. 99-180, eff. 7-29-15.)
 

 

 

10300HB0559ham001- 46 -LRB103 04144 SPS 58838 a

1    Section 25. The ID/DD Community Care Act is amended by
2changing Sections 3-116, 3-206, 3-401, and 3-702 as follows:
 
3    (210 ILCS 47/3-116)
4    Sec. 3-116. Probationary license. If the applicant has not
5been previously licensed or if the facility is not in
6operation at the time application is made, the Department
7shall issue only a probationary license. A probationary
8license shall be valid for 120 days, except that probationary
9licenses shall be valid for the duration of a disaster
10proclaimed by the Governor, unless sooner suspended or revoked
11under Section 3-119. Within 30 days prior to the termination
12of a probationary license, the Department shall fully and
13completely inspect the facility and, if the facility meets the
14applicable requirements for licensure, shall issue a license
15under Section 3-109 except that during a disaster proclaimed
16by the Governor, the Department shall inspect facilities
17within an appropriate timeframe to the extent feasible. If the
18Department finds that the facility does not meet the
19requirements for licensure but has made substantial progress
20toward meeting those requirements, the license may be renewed
21once for a period not to exceed 120 days from the expiration
22date of the initial probationary license.
23(Source: P.A. 96-339, eff. 7-1-10.)
 
24    (210 ILCS 47/3-206)

 

 

10300HB0559ham001- 47 -LRB103 04144 SPS 58838 a

1    Sec. 3-206. Curriculum for training nursing assistants and
2aides. The Department shall prescribe a curriculum for
3training nursing assistants, habilitation aides, and child
4care aides.
5    (a) No person, except a volunteer who receives no
6compensation from a facility and is not included for the
7purpose of meeting any staffing requirements set forth by the
8Department, shall act as a nursing assistant, habilitation
9aide, or child care aide in a facility, nor shall any person,
10under any other title, not licensed, certified, or registered
11to render medical care by the Department of Financial and
12Professional Regulation, assist with the personal, medical, or
13nursing care of residents in a facility, unless such person
14meets the following requirements:
15        (1) Be at least 16 years of age, of temperate habits
16    and good moral character, honest, reliable and
17    trustworthy.
18        (2) Be able to speak and understand the English
19    language or a language understood by a substantial
20    percentage of the facility's residents.
21        (3) Provide evidence of employment or occupation, if
22    any, and residence for 2 years prior to his or her present
23    employment.
24        (4) Have completed at least 8 years of grade school or
25    provide proof of equivalent knowledge.
26        (5) Begin a current course of training for nursing

 

 

10300HB0559ham001- 48 -LRB103 04144 SPS 58838 a

1    assistants, habilitation aides, or child care aides,
2    approved by the Department, within 45 days of initial
3    employment in the capacity of a nursing assistant,
4    habilitation aide, or child care aide at any facility.
5    Such courses of training shall be successfully completed
6    within 120 days of initial employment in the capacity of
7    nursing assistant, habilitation aide, or child care aide
8    at a facility, except that during a disaster proclaimed by
9    the Governor training shall be completed to the extent
10    feasible. Nursing assistants, habilitation aides, and
11    child care aides who are enrolled in approved courses in
12    community colleges or other educational institutions on a
13    term, semester or trimester basis, shall be exempt from
14    the 120-day completion time limit. The Department shall
15    adopt rules for such courses of training. These rules
16    shall include procedures for facilities to carry on an
17    approved course of training within the facility.
18        The Department may accept comparable training in lieu
19    of the 120-hour course for student nurses, foreign nurses,
20    military personnel, or employees of the Department of
21    Human Services.
22        The facility shall develop and implement procedures,
23    which shall be approved by the Department, for an ongoing
24    review process, which shall take place within the
25    facility, for nursing assistants, habilitation aides, and
26    child care aides.

 

 

10300HB0559ham001- 49 -LRB103 04144 SPS 58838 a

1        At the time of each regularly scheduled licensure
2    survey, or at the time of a complaint investigation, the
3    Department may require any nursing assistant, habilitation
4    aide, or child care aide to demonstrate, either through
5    written examination or action, or both, sufficient
6    knowledge in all areas of required training. If such
7    knowledge is inadequate the Department shall require the
8    nursing assistant, habilitation aide, or child care aide
9    to complete inservice training and review in the facility
10    until the nursing assistant, habilitation aide, or child
11    care aide demonstrates to the Department, either through
12    written examination or action, or both, sufficient
13    knowledge in all areas of required training; and
14        (6) Be familiar with and have general skills related
15    to resident care.
16    (a-0.5) An educational entity, other than a secondary
17school, conducting a nursing assistant, habilitation aide, or
18child care aide training program shall initiate a criminal
19history record check in accordance with the Health Care Worker
20Background Check Act prior to entry of an individual into the
21training program. A secondary school may initiate a criminal
22history record check in accordance with the Health Care Worker
23Background Check Act at any time during or after a training
24program.
25    (a-1) Nursing assistants, habilitation aides, or child
26care aides seeking to be included on the Health Care Worker

 

 

10300HB0559ham001- 50 -LRB103 04144 SPS 58838 a

1Registry under the Health Care Worker Background Check Act
2must authorize the Department of Public Health or its designee
3to request a criminal history record check in accordance with
4the Health Care Worker Background Check Act and submit all
5necessary information. An individual may not newly be included
6on the Health Care Worker Registry unless a criminal history
7record check has been conducted with respect to the
8individual.
9    (b) Persons subject to this Section shall perform their
10duties under the supervision of a licensed nurse or other
11appropriately trained, licensed, or certified personnel.
12    (c) It is unlawful for any facility to employ any person in
13the capacity of nursing assistant, habilitation aide, or child
14care aide, or under any other title, not licensed by the State
15of Illinois to assist in the personal, medical, or nursing
16care of residents in such facility unless such person has
17complied with this Section.
18    (d) Proof of compliance by each employee with the
19requirements set out in this Section shall be maintained for
20each such employee by each facility in the individual
21personnel folder of the employee. Proof of training shall be
22obtained only from the Health Care Worker Registry.
23    (e) Each facility shall obtain access to the Health Care
24Worker Registry's web application, maintain the employment and
25demographic information relating to each employee, and verify
26by the category and type of employment that each employee

 

 

10300HB0559ham001- 51 -LRB103 04144 SPS 58838 a

1subject to this Section meets all the requirements of this
2Section.
3    (f) Any facility that is operated under Section 3-803
4shall be exempt from the requirements of this Section.
5    (g) Each skilled nursing and intermediate care facility
6that admits persons who are diagnosed as having Alzheimer's
7disease or related dementias shall require all nursing
8assistants, habilitation aides, or child care aides, who did
9not receive 12 hours of training in the care and treatment of
10such residents during the training required under paragraph
11(5) of subsection (a), to obtain 12 hours of in house training
12in the care and treatment of such residents. If the facility
13does not provide the training in house, the training shall be
14obtained from other facilities, community colleges or other
15educational institutions that have a recognized course for
16such training. The Department shall, by rule, establish a
17recognized course for such training.
18    The Department's rules shall provide that such training
19may be conducted in house at each facility subject to the
20requirements of this subsection, in which case such training
21shall be monitored by the Department. The Department's rules
22shall also provide for circumstances and procedures whereby
23any person who has received training that meets the
24requirements of this subsection shall not be required to
25undergo additional training if he or she is transferred to or
26obtains employment at a different facility or a facility other

 

 

10300HB0559ham001- 52 -LRB103 04144 SPS 58838 a

1than those licensed under this Act but remains continuously
2employed as a nursing assistant, habilitation aide, or child
3care aide. Individuals who have performed no nursing,
4nursing-related services, or habilitation services for a
5period of 24 consecutive months shall be listed as inactive
6and as such do not meet the requirements of this Section.
7Licensed sheltered care facilities shall be exempt from the
8requirements of this Section.
9(Source: P.A. 100-432, eff. 8-25-17.)
 
10    (210 ILCS 47/3-401)
11    Sec. 3-401. Involuntary transfer or discharge of resident.
12A facility may involuntarily transfer or discharge a resident
13only for one or more of the following reasons:
14    (a) for medical reasons;
15    (b) for the resident's physical safety;
16    (c) for the physical safety of other residents, the
17facility staff or facility visitors; or
18    (d) for either late payment or nonpayment for the
19resident's stay, except as prohibited by Titles XVIII and XIX
20of the federal Social Security Act or during a disaster
21proclaimed by the Governor. For purposes of this Section,
22"late payment" means non-receipt of payment after submission
23of a bill. If payment is not received within 45 days after
24submission of a bill, a facility may send a notice to the
25resident and responsible party requesting payment within 30

 

 

10300HB0559ham001- 53 -LRB103 04144 SPS 58838 a

1days. If payment is not received within such 30 days, the
2facility may thereupon institute transfer or discharge
3proceedings by sending a notice of transfer or discharge to
4the resident and responsible party by registered or certified
5mail. The notice shall state, in addition to the requirements
6of Section 3-403 of this Act, that the responsible party has
7the right to pay the amount of the bill in full up to the date
8the transfer or discharge is to be made and then the resident
9shall have the right to remain in the facility. Such payment
10shall terminate the transfer or discharge proceedings. This
11subsection does not apply to those residents whose care is
12provided for under the Illinois Public Aid Code. The
13Department shall adopt rules setting forth the criteria and
14procedures to be applied in cases of involuntary transfer or
15discharge permitted under this Section.
16(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
 
17    (210 ILCS 47/3-702)
18    Sec. 3-702. Request for investigation of violation.
19    (a) A person who believes that this Act or a rule
20promulgated under this Act may have been violated may request
21an investigation. The request may be submitted to the
22Department in writing, by telephone, by electronic means, or
23by personal visit. An oral complaint shall be reduced to
24writing by the Department. The Department shall make
25available, through its website and upon request, information

 

 

10300HB0559ham001- 54 -LRB103 04144 SPS 58838 a

1regarding the oral and phone intake processes and the list of
2questions that will be asked of the complainant. The
3Department shall request information identifying the
4complainant, including the name, address and telephone number,
5to help enable appropriate follow up. The Department shall act
6on such complaints via on-site visits or other methods deemed
7appropriate to handle the complaints with or without such
8identifying information, as otherwise provided under this
9Section. The complainant shall be informed that compliance
10with such request is not required to satisfy the procedures
11for filing a complaint under this Act. The Department must
12notify complainants that complaints with less information
13provided are far more difficult to respond to and investigate.
14    (b) The substance of the complaint shall be provided in
15writing to the licensee, owner or administrator no earlier
16than at the commencement of an on-site inspection of the
17facility which takes place pursuant to the complaint.
18    (c) The Department shall not disclose the name of the
19complainant unless the complainant consents in writing to the
20disclosure or the investigation results in a judicial
21proceeding, or unless disclosure is essential to the
22investigation. The complainant shall be given the opportunity
23to withdraw the complaint before disclosure. Upon the request
24of the complainant, the Department may permit the complainant
25or a representative of the complainant to accompany the person
26making the on-site inspection of the facility.

 

 

10300HB0559ham001- 55 -LRB103 04144 SPS 58838 a

1    (d) Upon receipt of a complaint, the Department shall
2determine whether this Act or a rule promulgated under this
3Act has been or is being violated. The Department shall
4investigate all complaints alleging abuse or neglect within 7
5days after the receipt of the complaint except that complaints
6of abuse or neglect which indicate that a resident's life or
7safety is in imminent danger shall be investigated within 24
8hours after receipt of the complaint. All other complaints
9shall be investigated within 30 days after the receipt of the
10complaint, except that during a disaster proclaimed by the
11Governor, all other complaints shall be investigated within an
12appropriate timeframe to the extent feasible. The Department
13employees investigating a complaint shall conduct a brief,
14informal exit conference with the facility to alert its
15administration of any suspected serious deficiency that poses
16a direct threat to the health, safety or welfare of a resident
17to enable an immediate correction for the alleviation or
18elimination of such threat. Such information and findings
19discussed in the brief exit conference shall become a part of
20the investigating record but shall not in any way constitute
21an official or final notice of violation as provided under
22Section 3-301. All complaints shall be classified as "an
23invalid report", "a valid report", or "an undetermined
24report". For any complaint classified as "a valid report", the
25Department must determine within 30 working days if any rule
26or provision of this Act has been or is being violated.

 

 

10300HB0559ham001- 56 -LRB103 04144 SPS 58838 a

1    (d-1) The Department shall, whenever possible, combine an
2on site investigation of a complaint in a facility with other
3inspections in order to avoid duplication of inspections.
4    (e) In all cases, the Department shall inform the
5complainant of its findings within 10 days of its
6determination unless otherwise indicated by the complainant,
7and the complainant may direct the Department to send a copy of
8such findings to another person. The Department's findings may
9include comments or documentation provided by either the
10complainant or the licensee pertaining to the complaint. The
11Department shall also notify the facility of such findings
12within 10 days of the determination, but the name of the
13complainant or residents shall not be disclosed in this notice
14to the facility. The notice of such findings shall include a
15copy of the written determination; the correction order, if
16any; the warning notice, if any; the inspection report; or the
17State licensure form on which the violation is listed.
18    (f) A written determination, correction order, or warning
19notice concerning a complaint, together with the facility's
20response, shall be available for public inspection, but the
21name of the complainant or resident shall not be disclosed
22without his or her consent.
23    (g) A complainant who is dissatisfied with the
24determination or investigation by the Department may request a
25hearing under Section 3-703. The facility shall be given
26notice of any such hearing and may participate in the hearing

 

 

10300HB0559ham001- 57 -LRB103 04144 SPS 58838 a

1as a party. If a facility requests a hearing under Section
23-703 which concerns a matter covered by a complaint, the
3complainant shall be given notice and may participate in the
4hearing as a party. A request for a hearing by either a
5complainant or a facility shall be submitted in writing to the
6Department within 30 days after the mailing of the
7Department's findings as described in subsection (e) of this
8Section. Upon receipt of the request the Department shall
9conduct a hearing as provided under Section 3-703.
10    (g-5) The Department shall conduct an annual review and
11make a report concerning the complaint process that includes
12the number of complaints received, the breakdown of anonymous
13and non-anonymous complaints and whether the complaints were
14substantiated or not, the total number of substantiated
15complaints, and any other complaint information requested by
16the DD Facility Advisory Board. This report shall be provided
17to the DD Facility Advisory Board. The DD Facility Advisory
18Board shall review the report and suggest any changes deemed
19necessary to the Department for review and action, including
20how to investigate and substantiate anonymous complaints.
21    (h) Any person who knowingly transmits a false report to
22the Department commits the offense of disorderly conduct under
23subsection (a)(8) of Section 26-1 of the Criminal Code of
242012.
25(Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14.)
 

 

 

10300HB0559ham001- 58 -LRB103 04144 SPS 58838 a

1    Section 30. The Specialized Mental Health Rehabilitation
2Act of 2013 is amended by changing Section 4-105 as follows:
 
3    (210 ILCS 49/4-105)
4    Sec. 4-105. Provisional licensure duration. A provisional
5license shall be valid upon fulfilling the requirements
6established by the Department by emergency rule. The license
7shall remain valid as long as a facility remains in compliance
8with the licensure provisions established in rule. Provisional
9licenses issued upon initial licensure as a specialized mental
10health rehabilitation facility shall expire at the end of a
113-year period, which commences on the date the provisional
12license is issued. Issuance of a provisional license for any
13reason other than initial licensure (including, but not
14limited to, change of ownership, location, number of beds, or
15services) shall not extend the maximum 3-year period, at the
16end of which a facility must be licensed pursuant to Section
174-201, except that provisional licenses shall be valid for the
18duration of a disaster proclaimed by the Governor.
19Notwithstanding any other provision of this Act or the
20Specialized Mental Health Rehabilitation Facilities Code, 77
21Ill. Adm. Admin. Code 380, to the contrary, if a facility has
22received notice from the Department that its application for
23provisional licensure to provide recovery and rehabilitation
24services has been accepted as complete and the facility has
25attested in writing to the Department that it will comply with

 

 

10300HB0559ham001- 59 -LRB103 04144 SPS 58838 a

1the staff training plan approved by the Division of Mental
2Health, then a provisional license for recovery and
3rehabilitation services shall be issued to the facility within
460 days after the Department determines that the facility is
5in compliance with the requirements of the Life Safety Code in
6accordance with Section 4-104.5 of this Act.
7(Source: P.A. 99-712, eff. 8-5-16; 100-365, eff. 8-25-17;
8revised 2-28-22.)
 
9    Section 35. The Health Care Worker Background Check Act is
10amended by changing Section 33 as follows:
 
11    (225 ILCS 46/33)
12    Sec. 33. Fingerprint-based criminal history records check.
13    (a) A fingerprint-based criminal history records check is
14not required for health care employees who have been
15continuously employed by a health care employer since October
161, 2007, have met the requirements for criminal history
17background checks prior to October 1, 2007, and have no
18disqualifying convictions or requested and received a waiver
19of those disqualifying convictions. These employees shall be
20retained on the Health Care Worker Registry as long as they
21remain active. Nothing in this subsection (a) shall be
22construed to prohibit a health care employer from initiating a
23criminal history records check for these employees. Should
24these employees seek a new position with a different health

 

 

10300HB0559ham001- 60 -LRB103 04144 SPS 58838 a

1care employer, then a fingerprint-based criminal history
2records check shall be required.
3    (b) On October 1, 2007 or as soon thereafter as is
4reasonably practical, in the discretion of the Director of
5Public Health, and thereafter, any student, applicant, or
6employee who desires to be included on the Department of
7Public Health's Health Care Worker Registry shall authorize
8the Department of Public Health or its designee to request a
9fingerprint-based criminal history records check to determine
10if the individual has a conviction for a disqualifying
11offense. This authorization shall allow the Department of
12Public Health to request and receive information and
13assistance from any State or governmental agency. Each
14individual shall submit his or her fingerprints to the
15Illinois State Police in an electronic format that complies
16with the form and manner for requesting and furnishing
17criminal history record information prescribed by the Illinois
18State Police. The fingerprints submitted under this Section
19shall be checked against the fingerprint records now and
20hereafter filed in the Illinois State Police criminal history
21record databases. The Illinois State Police shall charge a fee
22for conducting the criminal history records check, which shall
23not exceed the actual cost of the records check. The livescan
24vendor may act as the designee for individuals, educational
25entities, or health care employers in the collection of
26Illinois State Police fees and deposit those fees into the

 

 

10300HB0559ham001- 61 -LRB103 04144 SPS 58838 a

1State Police Services Fund. The Illinois State Police shall
2provide information concerning any criminal convictions, now
3or hereafter filed, against the individual.
4    (c) On October 1, 2007 or as soon thereafter as is
5reasonably practical, in the discretion of the Director of
6Public Health, and thereafter, an educational entity, other
7than a secondary school, conducting a nurse aide training
8program shall initiate a fingerprint-based criminal history
9records check required by this Act prior to entry of an
10individual into the training program.
11    (d) On October 1, 2007 or as soon thereafter as is
12reasonably practical, in the discretion of the Director of
13Public Health, and thereafter, a health care employer who
14makes a conditional offer of employment to an applicant for a
15position as an employee shall initiate a fingerprint-based
16criminal history record check, requested by the Department of
17Public Health, on the applicant, if such a background check
18has not been previously conducted. Workforce intermediaries
19and organizations providing pro bono legal services may
20initiate a fingerprint-based criminal history record check if
21a conditional offer of employment has not been made and a
22background check has not been previously conducted for an
23individual who has a disqualifying conviction and is receiving
24services from a workforce intermediary or an organization
25providing pro bono legal services.
26    (e) When initiating a background check requested by the

 

 

10300HB0559ham001- 62 -LRB103 04144 SPS 58838 a

1Department of Public Health, an educational entity, health
2care employer, workforce intermediary, or organization that
3provides pro bono legal services shall electronically submit
4to the Department of Public Health the student's, applicant's,
5or employee's social security number, demographics,
6disclosure, and authorization information in a format
7prescribed by the Department of Public Health within 2 working
8days after the authorization is secured. The student,
9applicant, or employee shall have his or her fingerprints
10collected electronically and transmitted to the Illinois State
11Police within 10 working days. The educational entity, health
12care employer, workforce intermediary, or organization that
13provides pro bono legal services shall transmit all necessary
14information and fees to the livescan vendor and Illinois State
15Police within 10 working days after receipt of the
16authorization. This information and the results of the
17criminal history record checks shall be maintained by the
18Department of Public Health's Health Care Worker Registry.
19    (f) A direct care employer may initiate a
20fingerprint-based background check required by this Act for
21any of its employees, but may not use this process to initiate
22background checks for residents. The results of any
23fingerprint-based background check that is initiated with the
24Department as the requester shall be entered in the Health
25Care Worker Registry.
26    (g) As long as the employee or trainee has had a

 

 

10300HB0559ham001- 63 -LRB103 04144 SPS 58838 a

1fingerprint-based criminal history record check required by
2this Act and stays active on the Health Care Worker Registry,
3no further criminal history record checks are required, as the
4Illinois State Police shall notify the Department of Public
5Health of any additional convictions associated with the
6fingerprints previously submitted. Health care employers shall
7check the Health Care Worker Registry before hiring an
8employee to determine that the individual has had a
9fingerprint-based record check required by this Act and has no
10disqualifying convictions or has been granted a waiver
11pursuant to Section 40 of this Act. If the individual has not
12had such a background check or is not active on the Health Care
13Worker Registry, then the health care employer shall initiate
14a fingerprint-based record check requested by the Department
15of Public Health. If an individual is inactive on the Health
16Care Worker Registry, that individual is prohibited from being
17hired to work as a certified nursing assistant if, since the
18individual's most recent completion of a competency test,
19there has been a period of 24 consecutive months during which
20the individual has not provided nursing or nursing-related
21services for pay, except for an individual who has been in
22inactive status for a period of no more than 5 years, was in
23good standing at the time he or she became inactive, and
24completes and submits any forms required by the Department. If
25the individual can provide proof of having retained his or her
26certification by not having a 24-consecutive-month break in

 

 

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1service for pay, he or she may be hired as a certified nursing
2assistant and that employment information shall be entered
3into the Health Care Worker Registry.
4    (h) On October 1, 2007 or as soon thereafter as is
5reasonably practical, in the discretion of the Director of
6Public Health, and thereafter, if the Illinois State Police
7notifies the Department of Public Health that an employee has
8a new conviction of a disqualifying offense, based upon the
9fingerprints that were previously submitted, then (i) the
10Health Care Worker Registry shall notify the employee's last
11known employer of the offense, (ii) a record of the employee's
12disqualifying offense shall be entered on the Health Care
13Worker Registry, and (iii) the individual shall no longer be
14eligible to work as an employee unless he or she obtains a
15waiver pursuant to Section 40 of this Act.
16    (i) On October 1, 2007, or as soon thereafter, in the
17discretion of the Director of Public Health, as is reasonably
18practical, and thereafter, each direct care employer or its
19designee shall provide an employment verification for each
20employee no less than annually. The direct care employer or
21its designee shall log into the Health Care Worker Registry
22through a secure login. The health care employer or its
23designee shall indicate employment and termination dates
24within 30 days after hiring or terminating an employee, as
25well as the employment category and type. Failure to comply
26with this subsection (i) constitutes a licensing violation. A

 

 

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1fine of up to $500 may be imposed for failure to maintain these
2records. This information shall be used by the Department of
3Public Health to notify the last known employer of any
4disqualifying offenses that are reported by the Illinois State
5Police.
6    (j) In the event that an applicant or employee has a waiver
7for one or more disqualifying offenses pursuant to Section 40
8of this Act and he or she is otherwise eligible to work, the
9Health Care Worker Registry shall indicate that the applicant
10or employee is eligible to work and that additional
11information is available on the Health Care Worker Registry.
12The Health Care Worker Registry may indicate that the
13applicant or employee has received a waiver.
14    (k) The student, applicant, or employee shall be notified
15of each of the following whenever a fingerprint-based criminal
16history records check is required:
17        (1) That the educational entity, health care employer,
18    or long-term care facility shall initiate a
19    fingerprint-based criminal history record check required
20    by this Act of the student, applicant, or employee.
21        (2) That the student, applicant, or employee has a
22    right to obtain a copy of the criminal records report that
23    indicates a conviction for a disqualifying offense and
24    challenge the accuracy and completeness of the report
25    through an established Illinois State Police procedure of
26    Access and Review.

 

 

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1        (3) That the applicant, if hired conditionally, may be
2    terminated if the criminal records report indicates that
3    the applicant has a record of a conviction of any of the
4    criminal offenses enumerated in Section 25, unless the
5    applicant obtains a waiver pursuant to Section 40 of this
6    Act.
7        (4) That the applicant, if not hired conditionally,
8    shall not be hired if the criminal records report
9    indicates that the applicant has a record of a conviction
10    of any of the criminal offenses enumerated in Section 25,
11    unless the applicant obtains a waiver pursuant to Section
12    40 of this Act.
13        (5) That the employee shall be terminated if the
14    criminal records report indicates that the employee has a
15    record of a conviction of any of the criminal offenses
16    enumerated in Section 25.
17        (6) If, after the employee has originally been
18    determined not to have disqualifying offenses, the
19    employer is notified that the employee has a new
20    conviction(s) of any of the criminal offenses enumerated
21    in Section 25, then the employee shall be terminated.
22    (l) A health care employer or long-term care facility may
23conditionally employ an applicant for up to 6 3 months pending
24the results of a fingerprint-based criminal history record
25check requested by the Department of Public Health.
26    (m) The Department of Public Health or an entity

 

 

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1responsible for inspecting, licensing, certifying, or
2registering the health care employer or long-term care
3facility shall be immune from liability for notices given
4based on the results of a fingerprint-based criminal history
5record check.
6    (n) As used in this Section:
7    "Workforce intermediaries" means organizations that
8function to provide job training and employment services.
9Workforce intermediaries include institutions of higher
10education, faith-based and community organizations, and
11workforce investment boards.
12    "Organizations providing pro bono legal services" means
13legal services performed without compensation or at a
14significantly reduced cost to the recipient that provide
15services designed to help individuals overcome statutory
16barriers that would prevent them from entering positions in
17the healthcare industry.
18(Source: P.A. 101-176, eff. 7-31-19; 102-538, eff. 8-20-21.)
 
19    Section 40. The Medical Practice Act of 1987 is amended by
20changing Sections 2 and 54.2 as follows:
 
21    (225 ILCS 60/2)  (from Ch. 111, par. 4400-2)
22    (Section scheduled to be repealed on January 1, 2027)
23    Sec. 2. Definitions. For purposes of this Act, the
24following definitions shall have the following meanings,

 

 

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1except where the context requires otherwise:
2    "Act" means the Medical Practice Act of 1987.
3    "Address of record" means the designated address recorded
4by the Department in the applicant's or licensee's application
5file or license file as maintained by the Department's
6licensure maintenance unit.
7    "Chiropractic physician" means a person licensed to treat
8human ailments without the use of drugs and without operative
9surgery. Nothing in this Act shall be construed to prohibit a
10chiropractic physician from providing advice regarding the use
11of non-prescription products or from administering atmospheric
12oxygen. Nothing in this Act shall be construed to authorize a
13chiropractic physician to prescribe drugs.
14    "Department" means the Department of Financial and
15Professional Regulation.
16    "Disciplinary action" means revocation, suspension,
17probation, supervision, practice modification, reprimand,
18required education, fines or any other action taken by the
19Department against a person holding a license.
20    "Email address of record" means the designated email
21address recorded by the Department in the applicant's
22application file or the licensee's license file, as maintained
23by the Department's licensure maintenance unit.
24    "Final determination" means the governing body's final
25action taken under the procedure followed by a health care
26institution, or professional association or society, against

 

 

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1any person licensed under the Act in accordance with the
2bylaws or rules and regulations of such health care
3institution, or professional association or society.
4    "Fund" means the Illinois State Medical Disciplinary Fund.
5    "Impaired" means the inability to practice medicine with
6reasonable skill and safety due to physical or mental
7disabilities as evidenced by a written determination or
8written consent based on clinical evidence including
9deterioration through the aging process or loss of motor
10skill, or abuse of drugs or alcohol, of sufficient degree to
11diminish a person's ability to deliver competent patient care.
12    "International medical graduate physician" means a
13physician (i) who has been trained in a country other than the
14United States; (ii) whose education has been certified by the
15Educational Commission for Foreign Medical Graduates; (iii)
16who has passed Step 1, Step 2 Clinical Knowledge, and Step 3 of
17the United States Medical Licensing Examination as required by
18this Act; and (iv) who is not licensed to practice medicine in
19any state or territory of the United States.
20    "Medical Board" means the Illinois State Medical Board.
21    "Physician" means a person licensed under the Medical
22Practice Act to practice medicine in all of its branches or a
23chiropractic physician.
24    "Professional association" means an association or society
25of persons licensed under this Act, and operating within the
26State of Illinois, including but not limited to, medical

 

 

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1societies, osteopathic organizations, and chiropractic
2organizations, but this term shall not be deemed to include
3hospital medical staffs.
4    "Program of care, counseling, or treatment" means a
5written schedule of organized treatment, care, counseling,
6activities, or education, satisfactory to the Medical Board,
7designed for the purpose of restoring an impaired person to a
8condition whereby the impaired person can practice medicine
9with reasonable skill and safety of a sufficient degree to
10deliver competent patient care.
11    "Reinstate" means to change the status of a license or
12permit from inactive or nonrenewed status to active status.
13    "Restore" means to remove an encumbrance from a license
14due to probation, suspension, or revocation.
15    "Secretary" means the Secretary of Financial and
16Professional Regulation.
17(Source: P.A. 102-20, eff. 1-1-22; 102-1117, eff. 1-13-23.)
 
18    (225 ILCS 60/54.2)
19    (Section scheduled to be repealed on January 1, 2027)
20    Sec. 54.2. Physician delegation of authority.
21    (a) Nothing in this Act shall be construed to limit the
22delegation of patient care tasks or duties by a physician, to a
23licensed practical nurse, a registered professional nurse, or
24other licensed person practicing within the scope of his or
25her individual licensing Act. Delegation by a physician

 

 

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1licensed to practice medicine in all its branches to physician
2assistants or advanced practice registered nurses is also
3addressed in Section 54.5 of this Act. No physician may
4delegate any patient care task or duty that is statutorily or
5by rule mandated to be performed by a physician.
6    (b) In an office or practice setting and within a
7physician-patient relationship, a physician may delegate
8patient care tasks or duties to an unlicensed person who
9possesses appropriate training and experience provided a
10health care professional, who is practicing within the scope
11of such licensed professional's individual licensing Act, is
12on site to provide assistance.
13    (c) Any such patient care task or duty delegated to a
14licensed or unlicensed person must be within the scope of
15practice, education, training, or experience of the delegating
16physician and within the context of a physician-patient
17relationship.
18    (d) Nothing in this Section shall be construed to affect
19referrals for professional services required by law.
20    (e) The Department shall have the authority to promulgate
21rules concerning a physician's delegation, including but not
22limited to, the use of light emitting devices for patient care
23or treatment.
24    (f) Nothing in this Act shall be construed to limit the
25method of delegation that may be authorized by any means,
26including, but not limited to, oral, written, electronic,

 

 

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1standing orders, protocols, guidelines, or verbal orders.
2    (g) A physician licensed to practice medicine in all of
3its branches under this Act may delegate any and all authority
4prescribed to him or her by law to international medical
5graduate physicians. An international medical graduate
6physician working in Illinois pursuant to this subsection is
7subject to all statutory and regulatory requirements of this
8Act, as applicable, relating to the standards of care. An
9international medical graduate physician must attest that he
10or she has complied with this subsection on a form provided by
11the Department. An international medical graduate physician is
12limited to providing treatment under the supervision of a
13physician licensed to practice medicine in all of its branches
14under this Act. An international medical graduate physician
15practicing pursuant to this subsection must provide the
16Department with his or her name, contact information, country
17or other origin of licensure, license number, respective date
18of beginning services, and date of ending services on an
19International Medical Graduate Physician Temporary Practice
20Application. This subsection does not apply to any
21international medical graduate physician whose license as a
22physician is revoked, suspended, or otherwise encumbered.
23(Source: P.A. 100-513, eff. 1-1-18.)
 
24    Section 45. The Pharmacy Practice Act is amended by
25changing Section 3 and by adding Section 9.6 as follows:
 

 

 

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1    (225 ILCS 85/3)
2    (Section scheduled to be repealed on January 1, 2028)
3    Sec. 3. Definitions. For the purpose of this Act, except
4where otherwise limited therein:
5    (a) "Pharmacy" or "drugstore" means and includes every
6store, shop, pharmacy department, or other place where
7pharmacist care is provided by a pharmacist (1) where drugs,
8medicines, or poisons are dispensed, sold or offered for sale
9at retail, or displayed for sale at retail; or (2) where
10prescriptions of physicians, dentists, advanced practice
11registered nurses, physician assistants, veterinarians,
12podiatric physicians, or optometrists, within the limits of
13their licenses, are compounded, filled, or dispensed; or (3)
14which has upon it or displayed within it, or affixed to or used
15in connection with it, a sign bearing the word or words
16"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
17"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
18"Drugs", "Dispensary", "Medicines", or any word or words of
19similar or like import, either in the English language or any
20other language; or (4) where the characteristic prescription
21sign (Rx) or similar design is exhibited; or (5) any store, or
22shop, or other place with respect to which any of the above
23words, objects, signs or designs are used in any
24advertisement.
25    (b) "Drugs" means and includes (1) articles recognized in

 

 

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1the official United States Pharmacopoeia/National Formulary
2(USP/NF), or any supplement thereto and being intended for and
3having for their main use the diagnosis, cure, mitigation,
4treatment or prevention of disease in man or other animals, as
5approved by the United States Food and Drug Administration,
6but does not include devices or their components, parts, or
7accessories; and (2) all other articles intended for and
8having for their main use the diagnosis, cure, mitigation,
9treatment or prevention of disease in man or other animals, as
10approved by the United States Food and Drug Administration,
11but does not include devices or their components, parts, or
12accessories; and (3) articles (other than food) having for
13their main use and intended to affect the structure or any
14function of the body of man or other animals; and (4) articles
15having for their main use and intended for use as a component
16or any articles specified in clause (1), (2) or (3); but does
17not include devices or their components, parts or accessories.
18    (c) "Medicines" means and includes all drugs intended for
19human or veterinary use approved by the United States Food and
20Drug Administration.
21    (d) "Practice of pharmacy" means:
22        (1) the interpretation and the provision of assistance
23    in the monitoring, evaluation, and implementation of
24    prescription drug orders;
25        (2) the dispensing of prescription drug orders;
26        (3) participation in drug and device selection;

 

 

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1        (4) drug administration limited to the administration
2    of oral, topical, injectable, and inhalation as follows:
3            (A) in the context of patient education on the
4        proper use or delivery of medications;
5            (B) vaccination of patients 7 years of age and
6        older pursuant to a valid prescription or standing
7        order, by a physician licensed to practice medicine in
8        all its branches, upon completion of an appropriate
9        training course accredited by the Accreditation
10        Council for Pharmacy Education or a similar health
11        authority or professional body and a minimum of 2
12        hours of continuing pharmacy education training
13        accredited by the Accreditation Council for Pharmacy
14        Education during each licensing period, including how
15        to address contraindications and adverse reactions set
16        forth by rule, with notification to the patient's
17        physician and appropriate record retention, or
18        pursuant to hospital pharmacy and therapeutics
19        committee policies and procedures. Eligible vaccines
20        are those listed on the U.S. Centers for Disease
21        Control and Prevention (CDC) Recommended Immunization
22        Schedule, the CDC's Health Information for
23        International Travel, or the U.S. Food and Drug
24        Administration's Vaccines Licensed and Authorized for
25        Use in the United States. As applicable to the State's
26        Medicaid program and other payers, vaccines ordered

 

 

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1        and administered in accordance with this subsection
2        shall be covered and reimbursed at no less than the
3        rate that the vaccine is reimbursed when ordered and
4        administered by a physician;
5            (B-5) following the initial administration of
6        long-acting or extended-release form opioid
7        antagonists by a physician licensed to practice
8        medicine in all its branches, administration of
9        injections of long-acting or extended-release form
10        opioid antagonists for the treatment of substance use
11        disorder, pursuant to a valid prescription by a
12        physician licensed to practice medicine in all its
13        branches, upon completion of appropriate training,
14        including how to address contraindications and adverse
15        reactions, including, but not limited to, respiratory
16        depression and the performance of cardiopulmonary
17        resuscitation, set forth by rule, with notification to
18        the patient's physician and appropriate record
19        retention, or pursuant to hospital pharmacy and
20        therapeutics committee policies and procedures;
21            (C) administration of injections of
22        alpha-hydroxyprogesterone caproate, pursuant to a
23        valid prescription, by a physician licensed to
24        practice medicine in all its branches, upon completion
25        of appropriate training, including how to address
26        contraindications and adverse reactions set forth by

 

 

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1        rule, with notification to the patient's physician and
2        appropriate record retention, or pursuant to hospital
3        pharmacy and therapeutics committee policies and
4        procedures; and
5            (D) administration of injections of long-term
6        antipsychotic medications pursuant to a valid
7        prescription by a physician licensed to practice
8        medicine in all its branches, upon completion of
9        appropriate training conducted by an Accreditation
10        Council of Pharmaceutical Education accredited
11        provider, including how to address contraindications
12        and adverse reactions set forth by rule, with
13        notification to the patient's physician and
14        appropriate record retention, or pursuant to hospital
15        pharmacy and therapeutics committee policies and
16        procedures; and .
17            (E) administration of COVID-19 therapeutics
18        subcutaneously, intramuscularly, or orally with
19        notification to the patient's physician and
20        appropriate record retention, or pursuant to hospital
21        pharmacy and therapeutics committee policies and
22        procedures. Eligible therapeutics are those approved,
23        authorized, or licensed by the U.S. Food and Drug
24        Administration and must be administered
25        subcutaneously, intramuscularly, or orally in
26        accordance with that approval, authorization, or

 

 

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1        licensing.
2        (5) (blank);
3        (6) drug regimen review;
4        (7) drug or drug-related research;
5        (8) the provision of patient counseling;
6        (9) the practice of telepharmacy;
7        (10) the provision of those acts or services necessary
8    to provide pharmacist care;
9        (11) medication therapy management;
10        (12) the responsibility for compounding and labeling
11    of drugs and devices (except labeling by a manufacturer,
12    repackager, or distributor of non-prescription drugs and
13    commercially packaged legend drugs and devices), proper
14    and safe storage of drugs and devices, and maintenance of
15    required records;
16        (13) the assessment and consultation of patients and
17    dispensing of hormonal contraceptives; and
18        (14) the initiation, dispensing, or administration of
19    drugs, laboratory tests, assessments, referrals, and
20    consultations for human immunodeficiency virus
21    pre-exposure prophylaxis and human immunodeficiency virus
22    post-exposure prophylaxis under Section 43.5.
23    A pharmacist who performs any of the acts defined as the
24practice of pharmacy in this State must be actively licensed
25as a pharmacist under this Act.
26    (e) "Prescription" means and includes any written, oral,

 

 

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1facsimile, or electronically transmitted order for drugs or
2medical devices, issued by a physician licensed to practice
3medicine in all its branches, dentist, veterinarian, podiatric
4physician, or optometrist, within the limits of his or her
5license, by a physician assistant in accordance with
6subsection (f) of Section 4, or by an advanced practice
7registered nurse in accordance with subsection (g) of Section
84, containing the following: (1) name of the patient; (2) date
9when prescription was issued; (3) name and strength of drug or
10description of the medical device prescribed; and (4)
11quantity; (5) directions for use; (6) prescriber's name,
12address, and signature; and (7) DEA registration number where
13required, for controlled substances. The prescription may, but
14is not required to, list the illness, disease, or condition
15for which the drug or device is being prescribed. DEA
16registration numbers shall not be required on inpatient drug
17orders. A prescription for medication other than controlled
18substances shall be valid for up to 15 months from the date
19issued for the purpose of refills, unless the prescription
20states otherwise.
21    (f) "Person" means and includes a natural person,
22partnership, association, corporation, government entity, or
23any other legal entity.
24    (g) "Department" means the Department of Financial and
25Professional Regulation.
26    (h) "Board of Pharmacy" or "Board" means the State Board

 

 

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1of Pharmacy of the Department of Financial and Professional
2Regulation.
3    (i) "Secretary" means the Secretary of Financial and
4Professional Regulation.
5    (j) "Drug product selection" means the interchange for a
6prescribed pharmaceutical product in accordance with Section
725 of this Act and Section 3.14 of the Illinois Food, Drug and
8Cosmetic Act.
9    (k) "Inpatient drug order" means an order issued by an
10authorized prescriber for a resident or patient of a facility
11licensed under the Nursing Home Care Act, the ID/DD Community
12Care Act, the MC/DD Act, the Specialized Mental Health
13Rehabilitation Act of 2013, the Hospital Licensing Act, or the
14University of Illinois Hospital Act, or a facility which is
15operated by the Department of Human Services (as successor to
16the Department of Mental Health and Developmental
17Disabilities) or the Department of Corrections.
18    (k-5) "Pharmacist" means an individual health care
19professional and provider currently licensed by this State to
20engage in the practice of pharmacy.
21    (l) "Pharmacist in charge" means the licensed pharmacist
22whose name appears on a pharmacy license and who is
23responsible for all aspects of the operation related to the
24practice of pharmacy.
25    (m) "Dispense" or "dispensing" means the interpretation,
26evaluation, and implementation of a prescription drug order,

 

 

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1including the preparation and delivery of a drug or device to a
2patient or patient's agent in a suitable container
3appropriately labeled for subsequent administration to or use
4by a patient in accordance with applicable State and federal
5laws and regulations. "Dispense" or "dispensing" does not mean
6the physical delivery to a patient or a patient's
7representative in a home or institution by a designee of a
8pharmacist or by common carrier. "Dispense" or "dispensing"
9also does not mean the physical delivery of a drug or medical
10device to a patient or patient's representative by a
11pharmacist's designee within a pharmacy or drugstore while the
12pharmacist is on duty and the pharmacy is open.
13    (n) "Nonresident pharmacy" means a pharmacy that is
14located in a state, commonwealth, or territory of the United
15States, other than Illinois, that delivers, dispenses, or
16distributes, through the United States Postal Service,
17commercially acceptable parcel delivery service, or other
18common carrier, to Illinois residents, any substance which
19requires a prescription.
20    (o) "Compounding" means the preparation and mixing of
21components, excluding flavorings, (1) as the result of a
22prescriber's prescription drug order or initiative based on
23the prescriber-patient-pharmacist relationship in the course
24of professional practice or (2) for the purpose of, or
25incident to, research, teaching, or chemical analysis and not
26for sale or dispensing. "Compounding" includes the preparation

 

 

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1of drugs or devices in anticipation of receiving prescription
2drug orders based on routine, regularly observed dispensing
3patterns. Commercially available products may be compounded
4for dispensing to individual patients only if all of the
5following conditions are met: (i) the commercial product is
6not reasonably available from normal distribution channels in
7a timely manner to meet the patient's needs and (ii) the
8prescribing practitioner has requested that the drug be
9compounded.
10    (p) (Blank).
11    (q) (Blank).
12    (r) "Patient counseling" means the communication between a
13pharmacist or a student pharmacist under the supervision of a
14pharmacist and a patient or the patient's representative about
15the patient's medication or device for the purpose of
16optimizing proper use of prescription medications or devices.
17"Patient counseling" may include without limitation (1)
18obtaining a medication history; (2) acquiring a patient's
19allergies and health conditions; (3) facilitation of the
20patient's understanding of the intended use of the medication;
21(4) proper directions for use; (5) significant potential
22adverse events; (6) potential food-drug interactions; and (7)
23the need to be compliant with the medication therapy. A
24pharmacy technician may only participate in the following
25aspects of patient counseling under the supervision of a
26pharmacist: (1) obtaining medication history; (2) providing

 

 

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1the offer for counseling by a pharmacist or student
2pharmacist; and (3) acquiring a patient's allergies and health
3conditions.
4    (s) "Patient profiles" or "patient drug therapy record"
5means the obtaining, recording, and maintenance of patient
6prescription information, including prescriptions for
7controlled substances, and personal information.
8    (t) (Blank).
9    (u) "Medical device" or "device" means an instrument,
10apparatus, implement, machine, contrivance, implant, in vitro
11reagent, or other similar or related article, including any
12component part or accessory, required under federal law to
13bear the label "Caution: Federal law requires dispensing by or
14on the order of a physician". A seller of goods and services
15who, only for the purpose of retail sales, compounds, sells,
16rents, or leases medical devices shall not, by reasons
17thereof, be required to be a licensed pharmacy.
18    (v) "Unique identifier" means an electronic signature,
19handwritten signature or initials, thumb print, or other
20acceptable biometric or electronic identification process as
21approved by the Department.
22    (w) "Current usual and customary retail price" means the
23price that a pharmacy charges to a non-third-party payor.
24    (x) "Automated pharmacy system" means a mechanical system
25located within the confines of the pharmacy or remote location
26that performs operations or activities, other than compounding

 

 

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1or administration, relative to storage, packaging, dispensing,
2or distribution of medication, and which collects, controls,
3and maintains all transaction information.
4    (y) "Drug regimen review" means and includes the
5evaluation of prescription drug orders and patient records for
6(1) known allergies; (2) drug or potential therapy
7contraindications; (3) reasonable dose, duration of use, and
8route of administration, taking into consideration factors
9such as age, gender, and contraindications; (4) reasonable
10directions for use; (5) potential or actual adverse drug
11reactions; (6) drug-drug interactions; (7) drug-food
12interactions; (8) drug-disease contraindications; (9)
13therapeutic duplication; (10) patient laboratory values when
14authorized and available; (11) proper utilization (including
15over or under utilization) and optimum therapeutic outcomes;
16and (12) abuse and misuse.
17    (z) "Electronically transmitted prescription" means a
18prescription that is created, recorded, or stored by
19electronic means; issued and validated with an electronic
20signature; and transmitted by electronic means directly from
21the prescriber to a pharmacy. An electronic prescription is
22not an image of a physical prescription that is transferred by
23electronic means from computer to computer, facsimile to
24facsimile, or facsimile to computer.
25    (aa) "Medication therapy management services" means a
26distinct service or group of services offered by licensed

 

 

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1pharmacists, physicians licensed to practice medicine in all
2its branches, advanced practice registered nurses authorized
3in a written agreement with a physician licensed to practice
4medicine in all its branches, or physician assistants
5authorized in guidelines by a supervising physician that
6optimize therapeutic outcomes for individual patients through
7improved medication use. In a retail or other non-hospital
8pharmacy, medication therapy management services shall consist
9of the evaluation of prescription drug orders and patient
10medication records to resolve conflicts with the following:
11        (1) known allergies;
12        (2) drug or potential therapy contraindications;
13        (3) reasonable dose, duration of use, and route of
14    administration, taking into consideration factors such as
15    age, gender, and contraindications;
16        (4) reasonable directions for use;
17        (5) potential or actual adverse drug reactions;
18        (6) drug-drug interactions;
19        (7) drug-food interactions;
20        (8) drug-disease contraindications;
21        (9) identification of therapeutic duplication;
22        (10) patient laboratory values when authorized and
23    available;
24        (11) proper utilization (including over or under
25    utilization) and optimum therapeutic outcomes; and
26        (12) drug abuse and misuse.

 

 

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1    "Medication therapy management services" includes the
2following:
3        (1) documenting the services delivered and
4    communicating the information provided to patients'
5    prescribers within an appropriate time frame, not to
6    exceed 48 hours;
7        (2) providing patient counseling designed to enhance a
8    patient's understanding and the appropriate use of his or
9    her medications; and
10        (3) providing information, support services, and
11    resources designed to enhance a patient's adherence with
12    his or her prescribed therapeutic regimens.
13    "Medication therapy management services" may also include
14patient care functions authorized by a physician licensed to
15practice medicine in all its branches for his or her
16identified patient or groups of patients under specified
17conditions or limitations in a standing order from the
18physician.
19    "Medication therapy management services" in a licensed
20hospital may also include the following:
21        (1) reviewing assessments of the patient's health
22    status; and
23        (2) following protocols of a hospital pharmacy and
24    therapeutics committee with respect to the fulfillment of
25    medication orders.
26    (bb) "Pharmacist care" means the provision by a pharmacist

 

 

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1of medication therapy management services, with or without the
2dispensing of drugs or devices, intended to achieve outcomes
3that improve patient health, quality of life, and comfort and
4enhance patient safety.
5    (cc) "Protected health information" means individually
6identifiable health information that, except as otherwise
7provided, is:
8        (1) transmitted by electronic media;
9        (2) maintained in any medium set forth in the
10    definition of "electronic media" in the federal Health
11    Insurance Portability and Accountability Act; or
12        (3) transmitted or maintained in any other form or
13    medium.
14    "Protected health information" does not include
15individually identifiable health information found in:
16        (1) education records covered by the federal Family
17    Educational Right and Privacy Act; or
18        (2) employment records held by a licensee in its role
19    as an employer.
20    (dd) "Standing order" means a specific order for a patient
21or group of patients issued by a physician licensed to
22practice medicine in all its branches in Illinois.
23    (ee) "Address of record" means the designated address
24recorded by the Department in the applicant's application file
25or licensee's license file maintained by the Department's
26licensure maintenance unit.

 

 

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1    (ff) "Home pharmacy" means the location of a pharmacy's
2primary operations.
3    (gg) "Email address of record" means the designated email
4address recorded by the Department in the applicant's
5application file or the licensee's license file, as maintained
6by the Department's licensure maintenance unit.
7(Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21;
8102-103, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff.
95-13-22; 102-1051, eff. 1-1-23.)
 
10    (225 ILCS 85/9.6 new)
11    Sec. 9.6. Administration of vaccines and therapeutics by
12registered pharmacy technicians and student pharmacists.
13    (a) A registered pharmacy technician or student
14pharmacist's may administer COVID-19 and influenza vaccines
15subcutaneously, intramuscularly, or orally as authorized,
16approved, or licensed by the U.S. Food and Drug
17Administration, under the supervision of an appropriately
18trained pharmacist subject to the following conditions:
19        (1) the vaccination must be ordered by the supervising
20    pharmacist;
21        (2) the supervising pharmacist must be readily and
22    immediately available to the immunizing pharmacy
23    technician or student pharmacist;
24        (3) the pharmacy technician or student pharmacist must
25    complete a practical training program that is approved by

 

 

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1    the Accreditation Council for Pharmacy Education; this
2    training program must include hands-on injection technique
3    and the recognition and treatment of emergency reactions
4    to vaccines;
5        (4) the pharmacy technician or student pharmacist must
6    have a current certificate in basic cardiopulmonary
7    resuscitation;
8        (5) the pharmacy technician or student pharmacist must
9    complete a minimum of 2 hours of Accreditation Council for
10    Pharmacy Education-approved, immunization-related
11    continuing pharmacy education during the relevant
12    licensing period;
13        (6) the supervising pharmacist must comply with all
14    relevant recordkeeping and reporting requirements;
15        (7) the supervising pharmacist is responsible for
16    complying with requirements related to reporting adverse
17    events;
18        (8) the supervising pharmacist must review the vaccine
19    registry or other vaccination records prior to ordering
20    the vaccination to be administered by the pharmacy
21    technician or student pharmacist;
22        (9) the pharmacy technician or student pharmacist
23    must, if the patient is 18 years of age or younger, inform
24    the patient and the adult caregiver accompanying the
25    patient of the importance of a well-child visit with a
26    pediatrician or other licensed primary-care provider and

 

 

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1    refer patients as appropriate;
2        (10) in the case of a COVID-19 vaccine, the
3    vaccination must be ordered and administered according to
4    the Advisory Committee on Immunization Practices' COVID-19
5    vaccine recommendations;
6        (11) in the case of a COVID-19 vaccine, the
7    supervising pharmacist must comply with any applicable
8    requirements or conditions of use as set forth in the
9    Centers for Disease Control and Prevention COVID-19
10    vaccination provider agreement and any other federal
11    requirements that apply to the administration of COVID-19
12    vaccines being administered; and
13        (12) the registered pharmacy technician or student
14    pharmacist and the supervising pharmacist comply with all
15    other requirements of this Act and the rules adopted
16    thereunder pertaining to the administration of drugs.
17    (b) A registered pharmacy technician or student
18pharmacist's may administer COVID-19 therapeutics
19subcutaneously, intramuscularly, or orally as authorized,
20approved, or licensed by the U.S. Food and Drug
21Administration, under the supervision of an appropriately
22trained pharmacist subject to the following conditions:
23        (1) the COVID-19 therapeutic must be authorized,
24    approved or licensed by the U.S. Food and Drug
25    Administration;
26        (2) the COVID-19 therapeutic must be administered

 

 

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1    subcutaneously, intramuscularly, or orally in accordance
2    with the U.S. Food and Drug Administration approval,
3    authorization, or licensing;
4        (3) a pharmacy technician or student pharmacist
5    practicing pursuant to this Section must complete a
6    practical training program that is approved by the
7    Accreditation Council for Pharmacy Education; this
8    training program must include hands-on injection
9    technique, clinical evaluation of indications and
10    contraindications of COVID-19 therapeutics, the
11    recognition and treatment of emergency reactions to
12    COVID-19 therapeutics, and any additional training
13    required in the U.S. Food and Drug Administration
14    approval, authorization, or licensing.
15        (4) the pharmacy technician or student pharmacist must
16    have a current certificate in basic cardiopulmonary
17    resuscitation;
18        (5) the pharmacy technician or student pharmacist must
19    comply with any applicable requirements or conditions of
20    use that apply to the administration of COVID-19
21    therapeutics;
22        (6) the supervising pharmacist must comply with all
23    relevant recordkeeping and reporting requirements;
24        (7) the supervising pharmacist must be readily and
25    immediately available to the pharmacy technician or
26    student pharmacist; and

 

 

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1        (8) the registered pharmacy technician or student
2    pharmacist and the supervising pharmacist comply with all
3    other requirements of this Act and the rules adopted
4    thereunder pertaining to the administration of drugs.
 
5    Section 50. The Illinois Speech-Language Pathology and
6Audiology Practice Act is amended by changing Section 8.8 as
7follows:
 
8    (225 ILCS 110/8.8)
9    (Section scheduled to be repealed on January 1, 2028)
10    Sec. 8.8. Supervision of speech-language pathology
11assistants.
12    (a) A speech-language pathology assistant shall practice
13only under the supervision of a speech-language pathologist
14who has at least 2 years experience in addition to the
15supervised professional experience required under subsection
16(f) of Section 8 of this Act. A speech-language pathologist
17who supervises a speech-language pathology assistant (i) must
18have completed at least 6 clock hours of training in
19supervision related to speech-language pathology, and (ii)
20must complete at least 2 clock hours of continuing education
21in supervision related to speech-language pathology in each
22new licensing cycle after completion of the initial training
23required under item (i). The Department shall promulgate rules
24describing the supervision training requirements. The rules

 

 

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1may allow a speech-language pathologist to apply to the Board
2for an exemption from this training requirement based upon
3prior supervisory experience.
4    (b) A speech-language pathology assistant must be under
5the direct supervision of a speech-language pathologist at
6least 30% of the speech-language pathology assistant's actual
7patient or client contact time per patient or client during
8the first 90 days of initial employment as a speech-language
9pathology assistant. Thereafter, a speech-language pathology
10assistant must be under the direct supervision of a
11speech-language pathologist at least 20% of the
12speech-language pathology assistant's actual patient or client
13contact time per patient or client. Supervision of a
14speech-language pathology assistant beyond the minimum
15requirements of this subsection may be imposed at the
16discretion of the supervising speech-language pathologist. A
17supervising speech-language pathologist must be available to
18communicate with a speech-language pathology assistant
19whenever the assistant is in contact with a patient or client.
20    (c) A speech-language pathologist that supervises a
21speech-language pathology assistant must document direct
22supervision activities. At a minimum, supervision
23documentation must provide (i) information regarding the
24quality of the speech-language pathology assistant's
25performance of assigned duties, and (ii) verification that
26clinical activity is limited to duties specified in Section

 

 

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18.7.
2    (d) A full-time speech-language pathologist may supervise
3no more than 2 speech-language pathology assistants. A
4speech-language pathologist that does not work full-time may
5supervise no more than one speech-language pathology
6assistant.
7    (e) For purposes of this Section, "direct supervision"
8means on-site, in-view observation and guidance by a
9speech-language pathologist while an assigned activity is
10performed by the speech-language pathology assistant or
11supervision by a speech-language pathologist by way of video
12conferencing technology.
13(Source: P.A. 100-530, eff. 1-1-18.)
 
14    Section 55. The Radiation Protection Act of 1990 is
15amended by changing Section 7a as follows:
 
16    (420 ILCS 40/7a)  (from Ch. 111 1/2, par. 210-7a)
17    (Section scheduled to be repealed on January 1, 2027)
18    Sec. 7a. Certification of industrial radiographers.
19    (a) Beginning January 1, 1993, no person may perform
20industrial radiography unless he or she is certified by the
21Department of Nuclear Safety or its successor, the Illinois
22Emergency Management Agency, to perform industrial
23radiography. The Agency shall promulgate regulations
24establishing standards and procedures for certification of

 

 

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1industrial radiographers. The regulations may include, without
2limitation, provisions specifying a minimum course of study
3and requiring that individuals seeking certification pass an
4examination administered or approved by the Agency. Industrial
5radiography certification shall be valid for 5 years, except
6that certifications for industrial radiography trainees shall
7be valid for 2 years or those certifications extended pursuant
8to subsection (e) of this Section. The Agency shall establish
9by regulation standards and procedures for renewal of
10certification. The regulations shall provide that
11certification for industrial radiography trainees shall be
12nonrenewable.
13    (b) The regulations of the Department of Nuclear Safety,
14as the predecessor agency of the Illinois Emergency Management
15Agency, shall provide for provisional certification of persons
16who performed industrial radiography before January 1, 1993.
17In order to obtain provisional certification, the industrial
18radiographer must apply to the Department no later than
19January 1, 1993. Provisional certification shall be valid for
202 years, except for those certifications extended pursuant to
21subsection (e) of this Section, provided that a person who has
22obtained a provisional certification must take an examination
23that is administered or approved by the Department within 12
24months of the date on which the provisional certification was
25issued. Upon passing the examination, the Department shall
26certify the individual as an industrial radiographer.

 

 

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1Provisional certification shall be nonrenewable.
2    (c) The Agency may, by regulation, assess certification
3fees and fees to recover the cost of examining applicants for
4certification.
5    (d) The Agency may suspend or revoke the certification of
6an industrial radiographer, or take other action as provided
7in Sections 36 and 38 of this Act, if a certified industrial
8radiographer violates this Act or any rule or regulation
9promulgated under this Act, or otherwise endangers the safety
10of himself, his co-workers, or members of the general public.
11It shall be a violation of this Act for any person to allow an
12individual who is not a certified industrial radiographer to
13perform industrial radiography.
14    (e) The Agency may extend the term of existing
15certifications for industrial radiographers and industrial
16radiographer trainees in 90-day increments, not to exceed a
17maximum period of 6 months beyond the initial term, to allow
18individuals time to meet the examination criteria. Industrial
19radiographers and industrial radiographer trainees shall meet
20all other requirements as set forth by the Agency.
21(Source: P.A. 94-104, eff. 7-1-05.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".