Rep. Bob Morgan

Filed: 3/17/2023

 

 


 

 


 
10300HB0559ham002LRB103 04144 SPS 59413 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. The Secretary may extend the May 11, 2023
2deadline under this subsection for an additional 60 days. This
3subsection applies to the following licensed professions:
4physician; registered nurse; practical nurse; advanced
5practice registered nurse; full practice advanced practice
6registered nurse; pharmacist; occupational therapist;
7occupational therapy assistant; physical therapist; physical
8therapist assistant; clinical psychologist; physician
9assistant; clinical social worker; social worker; dietitian
10nutritionist; professional counselor; clinical professional
11counselor; and respiratory care practitioner.
12    (e) Any person who was issued a temporary reinstatement
13permit by the Department pursuant to a proclamation issued by
14the Secretary or related action by the Director in response to
15the COVID-19 pandemic may continue to practice under his or
16her temporary reinstatement permit if he or she submits an
17application for restoration or reinstatement of his or her
18license to the Department on or before May 11, 2023. Any such
19person may continue to practice under his or her temporary
20reinstatement permit until the Department restores or
21reinstates the license or denies the application, at which
22time the temporary reinstatement permit shall expire. If the
23Department does not restore or reinstate the license or does
24not deny the application by May 11, 2024, the temporary
25reinstatement permit shall expire. If the person holding a
26temporary reinstatement permit does not submit an application

 

 

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1for restoration or reinstatement to the Department on or
2before May 11, 2023, the temporary reinstatement permit shall
3expire on that date. The Secretary may extend the May 11, 2023
4deadline under this subsection for an additional 60 days. This
5subsection applies to the following licensed professions:
6physician; registered nurse; practical nurse; advanced
7practice registered nurse; full practice advanced practice
8registered nurse; pharmacist; occupational therapist;
9occupational therapy assistant; physical therapist; physical
10therapist assistant; clinical psychologist; physician
11assistant; clinical social worker; social worker; dietitian
12nutritionist; professional counselor; clinical professional
13counselor; and respiratory care practitioner.
14(Source: P.A. 99-227, eff. 8-3-15.)
 
15    Section 10. The Assisted Living and Shared Housing Act is
16amended by changing Sections 40 and 110 as follows:
 
17    (210 ILCS 9/40)
18    Sec. 40. Probationary licenses. If the applicant has not
19been previously licensed under this Act or if the
20establishment is not in operation at the time the application
21is made and if the Department determines that the applicant
22meets the licensure requirements of this Act, the Department
23shall issue a probationary license. A probationary license
24shall be valid for 120 days unless sooner suspended or

 

 

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1revoked. An extension for an additional 120 days may be
2granted if requested and approved by the Department. Within 30
3days prior to the termination of a probationary license, the
4Department shall fully and completely review the establishment
5and, if the establishment meets the applicable requirements
6for licensure, shall issue a license, except that, during a
7statewide public health emergency, as defined in the Illinois
8Emergency Management Agency Act, the Department shall fully
9and completely review the establishment to the extent
10feasible. If the Department finds that the establishment does
11not meet the requirements for licensure, but has made
12substantial progress toward meeting those requirements, the
13license may be renewed once for a period not to exceed 120 days
14from the expiration date of the initial probationary license.
15(Source: P.A. 93-1003, eff. 8-23-04.)
 
16    (210 ILCS 9/110)
17    Sec. 110. Powers and duties of the Department.
18    (a) The Department shall conduct an annual unannounced
19on-site visit at each assisted living and shared housing
20establishment to determine compliance with applicable
21licensure requirements and standards, except that, during a
22statewide public health emergency, as defined in the Illinois
23Emergency Management Agency Act, the Department shall conduct
24on-site reviews and annual unannounced on-site visits to the
25extent feasible. Additional visits may be conducted without

 

 

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

 

 

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1sanctions to include closure.
2    (f) The Department shall by rule establish procedures for
3disclosure of information to the public, which shall include,
4but not be limited to, ownership, licensure status, frequency
5of complaints, disposition of substantiated complaints, and
6disciplinary actions.
7    (g) (Blank).
8    (h) Beginning January 1, 2000, the Department shall begin
9drafting rules necessary for the administration of this Act.
10(Source: P.A. 96-975, eff. 7-2-10.)
 
11    Section 15. The Nursing Home Care Act is amended by
12changing Sections 3-102.2, 3-116, 3-702, 3-102.2, 3-202.5,
133-202.6, 3-206, and 3-702 as follows:
 
14    (210 ILCS 45/3-102.2)
15    Sec. 3-102.2. Supported congregate living arrangement
16demonstration. The Illinois Department may grant no more than
173 waivers from the requirements of this Act for facilities
18participating in the supported congregate living arrangement
19demonstration. A joint waiver request must be made by an
20applicant and the Department on Aging. If the Department on
21Aging does not act upon an application within 60 days, the
22applicant may submit a written waiver request on its own
23behalf. The waiver request must include a specific program
24plan describing the types of residents to be served and the

 

 

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1services that will be provided in the facility. The Department
2shall conduct an on-site review at each facility annually or
3as often as necessary to ascertain compliance with the program
4plan, except that, during a statewide public health emergency,
5as defined in the Illinois Emergency Management Agency Act,
6the Department shall conduct on-site reviews and annual
7unannounced on-site visits to the extent feasible. The
8Department may revoke the waiver if it determines that the
9facility is not in compliance with the program plan. Nothing
10in this Section prohibits the Department from conducting
11complaint investigations.
12     A facility granted a waiver under this Section is not
13subject to the Illinois Health Facilities Planning Act, unless
14it subsequently applies for a certificate of need to convert
15to a nursing facility. A facility applying for conversion
16shall meet the licensure and certificate of need requirements
17in effect as of the date of application, and this provision may
18not be waived.
19(Source: P.A. 89-530, eff. 7-19-96.)
 
20    (210 ILCS 45/3-116)  (from Ch. 111 1/2, par. 4153-116)
21    Sec. 3-116. If the applicant has not been previously
22licensed or if the facility is not in operation at the time
23application is made, the Department shall issue only a
24probationary license. A probationary license shall be valid
25for 120 days unless sooner suspended or revoked under Section

 

 

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13-119. An extension for an additional 120 days may be granted
2if requested and approved by the Department. Within 30 days
3prior to the termination of a probationary license, the
4Department shall fully and completely inspect the facility
5and, if the facility meets the applicable requirements for
6licensure, shall issue a license under Section 3-109, except
7that, during a statewide public health emergency, as defined
8in the Illinois Emergency Management Agency Act, the
9Department shall fully and completely inspect the
10establishment within appropriate time frames to the extent
11feasible. If the Department finds that the facility does not
12meet the requirements for licensure but has made substantial
13progress toward meeting those requirements, the license may be
14renewed once for a period not to exceed 120 days from the
15expiration date of the initial probationary license.
16(Source: P.A. 81-223.)
 
17    (210 ILCS 45/3-202.5)
18    Sec. 3-202.5. Facility plan review; fees.
19    (a) Before commencing construction of a new facility or
20specified types of alteration or additions to an existing long
21term care facility involving major construction, as defined by
22rule by the Department, with an estimated cost greater than
23$100,000, architectural drawings and specifications for the
24facility shall be submitted to the Department for review and
25approval. A facility may submit architectural drawings and

 

 

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1specifications for other construction projects for Department
2review according to subsection (b) that shall not be subject
3to fees under subsection (d). Review of drawings and
4specifications shall be conducted by an employee of the
5Department meeting the qualifications established by the
6Department of Central Management Services class specifications
7for such an individual's position or by a person contracting
8with the Department who meets those class specifications.
9Final approval of the drawings and specifications for
10compliance with design and construction standards shall be
11obtained from the Department before the alteration, addition,
12or new construction is begun.
13    (b) The Department shall inform an applicant in writing
14within 10 working days after receiving drawings and
15specifications and the required fee, if any, from the
16applicant whether the applicant's submission is complete or
17incomplete. Failure to provide the applicant with this notice
18within 10 working days shall result in the submission being
19deemed complete for purposes of initiating the 60-day review
20period under this Section. If the submission is incomplete,
21the Department shall inform the applicant of the deficiencies
22with the submission in writing. If the submission is complete
23the required fee, if any, has been paid, the Department shall
24approve or disapprove drawings and specifications submitted to
25the Department no later than 60 days following receipt by the
26Department. The drawings and specifications shall be of

 

 

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

 

 

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1occupancy pursuant to subsection (g) and shall not issue a
2violation to a facility as a result of a licensure or complaint
3survey based upon the facility's physical structure if:
4        (1) the Department reviewed and approved or deemed
5    approved the drawings and specifications for compliance
6    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 charge the following fees in
15connection with its reviews conducted before June 30, 2004
16under this Section:
17        (1) (Blank).
18        (2) (Blank).
19        (3) If the estimated dollar value of the alteration,
20    addition, or new construction is $100,000 or more but less
21    than $500,000, the fee shall be the greater of $2,400 or
22    1.2% of that value.
23        (4) If the estimated dollar value of the alteration,
24    addition, or new construction is $500,000 or more but less
25    than $1,000,000, the fee shall be the greater of $6,000 or
26    0.96% of that value.

 

 

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1        (5) If the estimated dollar value of the alteration,
2    addition, or new construction is $1,000,000 or more but
3    less than $5,000,000, the fee shall be the greater of
4    $9,600 or 0.22% of that value.
5        (6) If the estimated dollar value of the alteration,
6    addition, or new construction is $5,000,000 or more, the
7    fee shall be the greater of $11,000 or 0.11% of that value,
8    but shall not exceed $40,000.
9    The fees provided in this subsection (d) shall not apply
10to major construction projects involving facility changes that
11are required by Department rule amendments.
12    The fees provided in this subsection (d) shall also not
13apply to major construction projects if 51% or more of the
14estimated cost of the project is attributed to capital
15equipment. For major construction projects where 51% or more
16of the estimated cost of the project is attributed to capital
17equipment, the Department shall by rule establish a fee that
18is reasonably related to the cost of reviewing the project.
19    The Department shall not commence the facility plan review
20process under this Section until the applicable fee has been
21paid.
22    (e) All fees received by the Department under this Section
23shall be deposited into the Health Facility Plan Review Fund,
24a special fund created in the State Treasury. All fees paid by
25long-term care facilities under subsection (d) shall be used
26only to cover the costs relating to the Department's review of

 

 

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1long-term care facility projects under this Section. Moneys
2shall be appropriated from that Fund to the Department only to
3pay the costs of conducting reviews under this Section or
4under Section 3-202.5 of the ID/DD Community Care Act or
5Section 3-202.5 of the MC/DD Act. None of the moneys in the
6Health Facility Plan Review Fund shall be used to reduce the
7amount of General Revenue Fund moneys appropriated to the
8Department for facility plan reviews conducted pursuant to
9this Section.
10    (f)(1) The provisions of this amendatory Act of 1997
11concerning drawings and specifications shall apply only to
12drawings and specifications submitted to the Department on or
13after October 1, 1997.
14    (2) On and after the effective date of this amendatory Act
15of 1997 and before October 1, 1997, an applicant may submit or
16resubmit drawings and specifications to the Department and pay
17the fees provided in subsection (d). If an applicant pays the
18fees provided in subsection (d) under this paragraph (2), the
19provisions of subsection (b) shall apply with regard to those
20drawings and specifications.
21    (g) The Department shall conduct an on-site inspection of
22the completed project no later than 30 days after notification
23from the applicant that the project has been completed and all
24certifications required by the Department have been received
25and accepted by the Department, except that, during a
26statewide public health emergency, as defined in the Illinois

 

 

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1Emergency Management Agency Act, the Department shall conduct
2an on-site inspection of the completed project to the extent
3feasible. The Department shall provide written approval for
4occupancy to the applicant within 5 working days of the
5Department's final inspection, provided the applicant has
6demonstrated substantial compliance as defined by Department
7rule. Occupancy of new major construction is prohibited until
8Department approval is received, unless the Department has not
9acted within the time frames provided in this subsection (g),
10in which case the construction shall be deemed approved.
11Occupancy shall be authorized after any required health
12inspection by the Department has been conducted.
13    (h) The Department shall establish, by rule, a procedure
14to conduct interim on-site review of large or complex
15construction projects.
16    (i) The Department shall establish, by rule, an expedited
17process for emergency repairs or replacement of like
18equipment.
19    (j) Nothing in this Section shall be construed to apply to
20maintenance, upkeep, or renovation that does not affect the
21structural integrity of the building, does not add beds or
22services over the number for which the long-term care facility
23is licensed, and provides a reasonable degree of safety for
24the residents.
25(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
 

 

 

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1    (210 ILCS 45/3-202.6)
2    Sec. 3-202.6. Department of Veterans' Affairs facility
3plan review.
4    (a) Before commencing construction of a new facility or
5specified types of alteration or additions to an existing
6long-term care facility involving major construction, as
7defined by rule by the Department, with an estimated cost
8greater than $100,000, architectural drawings and
9specifications for the facility shall be submitted to the
10Department for review. A facility may submit architectural
11drawings and specifications for other construction projects
12for Department review according to subsection (b) of this
13Section. Review of drawings and specifications shall be
14conducted by an employee of the Department meeting the
15qualifications established by the Department of Central
16Management Services class specifications for such an
17individual's position or by a person contracting with the
18Department who meets those class specifications.
19    (b) The Department shall inform an applicant in writing
20within 15 working days after receiving drawings and
21specifications from the applicant whether the applicant's
22submission is complete or incomplete. Failure to provide the
23applicant with this notice within 15 working days after
24receiving drawings and specifications from the applicant shall
25result in the submission being deemed complete for purposes of
26initiating the 60-working-day review period under this

 

 

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

 

 

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1specifications may submit additional information in response
2to the written comments from the Department or request a
3reconsideration of the disapproval. A final decision of
4approval or disapproval shall be made within 45 working days
5after the receipt of the additional information or
6reconsideration request. If denied, the Department shall state
7the specific reasons for the denial.
8    (c) The Department shall provide written approval for
9occupancy pursuant to subsection (e) of this Section and shall
10not issue a violation to a facility as a result of a licensure
11or complaint survey based upon the facility's physical
12structure if:
13        (1) the Department reviewed and approved or is deemed
14    to have approved the drawings and specifications for
15    compliance with design and construction standards;
16        (2) the construction, major alteration, or addition
17    was built as submitted;
18        (3) the law or rules have not been amended since the
19    original approval; and
20        (4) the conditions at the facility indicate that there
21    is a reasonable degree of safety provided for the
22    residents.
23    (d) The Department shall not charge a fee in connection
24with its reviews to the Department of Veterans' Affairs.
25    (e) The Department shall conduct an on-site inspection of
26the completed project no later than 45 working days after

 

 

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1notification from the applicant that the project has been
2completed and all certifications required by the Department
3have been received and accepted by the Department, except
4that, during a statewide public health emergency, as defined
5in the Illinois Emergency Management Agency Act, the
6Department shall conduct an on-site inspection of the
7completed project to the extent feasible. The Department may
8extend this deadline if a federally mandated survey time frame
9takes precedence. The Department shall provide written
10approval for occupancy to the applicant within 7 working days
11after the Department's final inspection, provided the
12applicant has demonstrated substantial compliance as defined
13by Department rule. Occupancy of new major construction is
14prohibited until Department approval is received, unless the
15Department has not acted within the time frames provided in
16this subsection (e), in which case the construction shall be
17deemed approved. Occupancy shall be authorized after any
18required health inspection by the Department has been
19conducted.
20    (f) The Department shall establish, by rule, an expedited
21process for emergency repairs or replacement of like
22equipment.
23    (g) Nothing in this Section shall be construed to apply to
24maintenance, upkeep, or renovation that does not affect the
25structural integrity or fire or life safety of the building,
26does not add beds or services over the number for which the

 

 

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1long-term care facility is licensed, and provides a reasonable
2degree of safety for the residents.
3    (h) If the number of licensed facilities increases or the
4number of beds for the currently licensed facilities
5increases, the Department has the right to reassess the
6mandated time frames listed in this Section.
7(Source: P.A. 99-314, eff. 8-7-15.)
 
8    (210 ILCS 45/3-206)  (from Ch. 111 1/2, par. 4153-206)
9    Sec. 3-206. The Department shall prescribe a curriculum
10for training nursing assistants, habilitation aides, and child
11care aides.
12    (a) No person, except a volunteer who receives no
13compensation from a facility and is not included for the
14purpose of meeting any staffing requirements set forth by the
15Department, shall act as a nursing assistant, habilitation
16aide, or child care aide in a facility, nor shall any person,
17under any other title, not licensed, certified, or registered
18to render medical care by the Department of Financial and
19Professional Regulation, assist with the personal, medical, or
20nursing care of residents in a facility, unless such person
21meets the following requirements:
22        (1) Be at least 16 years of age, of temperate habits
23    and good moral character, honest, reliable and
24    trustworthy.
25        (2) Be able to speak and understand the English

 

 

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1    language or a language understood by a substantial
2    percentage of the facility's residents.
3        (3) Provide evidence of employment or occupation, if
4    any, and residence for 2 years prior to his present
5    employment.
6        (4) Have completed at least 8 years of grade school or
7    provide proof of equivalent knowledge.
8        (5) Begin a current course of training for nursing
9    assistants, habilitation aides, or child care aides,
10    approved by the Department, within 45 days of initial
11    employment in the capacity of a nursing assistant,
12    habilitation aide, or child care aide at any facility.
13    Such courses of training shall be successfully completed
14    within 120 days of initial employment in the capacity of
15    nursing assistant, habilitation aide, or child care aide
16    at a facility. Nursing assistants, habilitation aides, and
17    child care aides who are enrolled in approved courses in
18    community colleges or other educational institutions on a
19    term, semester, or trimester basis, shall be exempt from
20    the 120-day completion time limit. During a statewide
21    public health emergency, as defined in the Illinois
22    Emergency Management Agency Act, all nursing assistants,
23    habilitation aides, and child care aides shall be exempt
24    from the 120-day completion time limit. The Department
25    shall adopt rules for such courses of training. These
26    rules shall include procedures for facilities to carry on

 

 

10300HB0559ham002- 23 -LRB103 04144 SPS 59413 a

1    an approved course of training within the facility. The
2    Department shall allow an individual to satisfy the
3    supervised clinical experience requirement for placement
4    on the Health Care Worker Registry under 77 Ill. Adm. Code
5    300.663 through supervised clinical experience at an
6    assisted living establishment licensed under the Assisted
7    Living and Shared Housing Act. The Department shall adopt
8    rules requiring that the Health Care Worker Registry
9    include information identifying where an individual on the
10    Health Care Worker Registry received his or her clinical
11    training.
12        The Department may accept comparable training in lieu
13    of the 120-hour course for student nurses, foreign nurses,
14    military personnel, or employees of the Department of
15    Human Services.
16        The Department shall accept on-the-job experience in
17    lieu of clinical training from any individual who
18    participated in the temporary nursing assistant program
19    during the COVID-19 pandemic before the end date of the
20    temporary nursing assistant program and left the program
21    in good standing, and the Department shall notify all
22    approved certified nurse assistant training programs in
23    the State of this requirement. The individual shall
24    receive one hour of credit for every hour employed as a
25    temporary nursing assistant, up to 40 total hours, and
26    shall be permitted 90 days after the end date of the

 

 

10300HB0559ham002- 24 -LRB103 04144 SPS 59413 a

1    temporary nursing assistant program to enroll in an
2    approved certified nursing assistant training program and
3    240 days to successfully complete the certified nursing
4    assistant training program. Temporary nursing assistants
5    who enroll in a certified nursing assistant training
6    program within 90 days of the end of the temporary nursing
7    assistant program may continue to work as a nursing
8    assistant for up to 240 days after enrollment in the
9    certified nursing assistant training program. As used in
10    this Section, "temporary nursing assistant program" means
11    the program implemented by the Department of Public Health
12    by emergency rule, as listed in 44 Ill. Reg. 7936,
13    effective April 21, 2020.
14        The facility shall develop and implement procedures,
15    which shall be approved by the Department, for an ongoing
16    review process, which shall take place within the
17    facility, for nursing assistants, habilitation aides, and
18    child care aides.
19        At the time of each regularly scheduled licensure
20    survey, or at the time of a complaint investigation, the
21    Department may require any nursing assistant, habilitation
22    aide, or child care aide to demonstrate, either through
23    written examination or action, or both, sufficient
24    knowledge in all areas of required training. If such
25    knowledge is inadequate the Department shall require the
26    nursing assistant, habilitation aide, or child care aide

 

 

10300HB0559ham002- 25 -LRB103 04144 SPS 59413 a

1    to complete inservice training and review in the facility
2    until the nursing assistant, habilitation aide, or child
3    care aide demonstrates to the Department, either through
4    written examination or action, or both, sufficient
5    knowledge in all areas of required training.
6        (6) Be familiar with and have general skills related
7    to resident care.
8    (a-0.5) An educational entity, other than a secondary
9school, conducting a nursing assistant, habilitation aide, or
10child care aide training program shall initiate a criminal
11history record check in accordance with the Health Care Worker
12Background Check Act prior to entry of an individual into the
13training program. A secondary school may initiate a criminal
14history record check in accordance with the Health Care Worker
15Background Check Act at any time during or after a training
16program.
17    (a-1) Nursing assistants, habilitation aides, or child
18care aides seeking to be included on the Health Care Worker
19Registry under the Health Care Worker Background Check Act on
20or after January 1, 1996 must authorize the Department of
21Public Health or its designee to request a criminal history
22record check in accordance with the Health Care Worker
23Background Check Act and submit all necessary information. An
24individual may not newly be included on the Health Care Worker
25Registry unless a criminal history record check has been
26conducted with respect to the individual.

 

 

10300HB0559ham002- 26 -LRB103 04144 SPS 59413 a

1    (b) Persons subject to this Section shall perform their
2duties under the supervision of a licensed nurse.
3    (c) It is unlawful for any facility to employ any person in
4the capacity of nursing assistant, habilitation aide, or child
5care aide, or under any other title, not licensed by the State
6of Illinois to assist in the personal, medical, or nursing
7care of residents in such facility unless such person has
8complied with this Section.
9    (d) Proof of compliance by each employee with the
10requirements set out in this Section shall be maintained for
11each such employee by each facility in the individual
12personnel folder of the employee. Proof of training shall be
13obtained only from the Health Care Worker Registry.
14    (e) Each facility shall obtain access to the Health Care
15Worker Registry's web application, maintain the employment and
16demographic information relating to each employee, and verify
17by the category and type of employment that each employee
18subject to this Section meets all the requirements of this
19Section.
20    (f) Any facility that is operated under Section 3-803
21shall be exempt from the requirements of this Section.
22    (g) Each skilled nursing and intermediate care facility
23that admits persons who are diagnosed as having Alzheimer's
24disease or related dementias shall require all nursing
25assistants, habilitation aides, or child care aides, who did
26not receive 12 hours of training in the care and treatment of

 

 

10300HB0559ham002- 27 -LRB103 04144 SPS 59413 a

1such residents during the training required under paragraph
2(5) of subsection (a), to obtain 12 hours of in-house training
3in the care and treatment of such residents. If the facility
4does not provide the training in-house, the training shall be
5obtained from other facilities, community colleges or other
6educational institutions that have a recognized course for
7such training. The Department shall, by rule, establish a
8recognized course for such training. The Department's rules
9shall provide that such training may be conducted in-house at
10each facility subject to the requirements of this subsection,
11in which case such training shall be monitored by the
12Department.
13    The Department's rules shall also provide for
14circumstances and procedures whereby any person who has
15received training that meets the requirements of this
16subsection shall not be required to undergo additional
17training if he or she is transferred to or obtains employment
18at a different facility or a facility other than a long-term
19care facility but remains continuously employed for pay as a
20nursing assistant, habilitation aide, or child care aide.
21Individuals who have performed no nursing or nursing-related
22services for a period of 24 consecutive months shall be listed
23as "inactive" and as such do not meet the requirements of this
24Section. Licensed sheltered care facilities shall be exempt
25from the requirements of this Section.
26    An individual employed during the COVID-19 pandemic as a

 

 

10300HB0559ham002- 28 -LRB103 04144 SPS 59413 a

1nursing assistant in accordance with any Executive Orders,
2emergency rules, or policy memoranda related to COVID-19 shall
3be assumed to meet competency standards and may continue to be
4employed as a certified nurse assistant when the pandemic ends
5and the Executive Orders or emergency rules lapse. Such
6individuals shall be listed on the Department's Health Care
7Worker Registry website as "active".
8(Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17;
9100-863, eff. 8-14-18; 101-655, eff. 3-12-21.)
 
10    (210 ILCS 45/3-702)  (from Ch. 111 1/2, par. 4153-702)
11    Sec. 3-702. (a) A person who believes that this Act or a
12rule promulgated under this Act may have been violated may
13request an investigation. The request may be submitted to the
14Department in writing, by telephone, by electronic means, or
15by personal visit. An oral complaint shall be reduced to
16writing by the Department. The Department shall make
17available, through its website and upon request, information
18regarding the oral and phone intake processes and the list of
19questions that will be asked of the complainant. The
20Department shall request information identifying the
21complainant, including the name, address, and telephone
22number, to help enable appropriate follow-up. The Department
23shall act on such complaints via on-site visits or other
24methods deemed appropriate to handle the complaints with or
25without such identifying information, as otherwise provided

 

 

10300HB0559ham002- 29 -LRB103 04144 SPS 59413 a

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

 

 

10300HB0559ham002- 30 -LRB103 04144 SPS 59413 a

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

 

 

10300HB0559ham002- 31 -LRB103 04144 SPS 59413 a

1complainant of its findings within 10 days of its
2determination unless otherwise indicated by the complainant,
3and the complainant may direct the Department to send a copy of
4such findings to another person. The Department's findings may
5include comments or documentation provided by either the
6complainant or the licensee pertaining to the complaint. The
7Department shall also notify the facility of such findings
8within 10 days of the determination, but the name of the
9complainant or residents shall not be disclosed in this notice
10to the facility. The notice of such findings shall include a
11copy of the written determination; the correction order, if
12any; the warning notice, if any; the inspection report; or the
13State licensure form on which the violation is listed.
14    (f) A written determination, correction order, or warning
15notice concerning a complaint, together with the facility's
16response, shall be available for public inspection, but the
17name of the complainant or resident shall not be disclosed
18without his consent.
19    (g) A complainant who is dissatisfied with the
20determination or investigation by the Department may request a
21hearing under Section 3-703. The facility shall be given
22notice of any such hearing and may participate in the hearing
23as a party. If a facility requests a hearing under Section
243-703 which concerns a matter covered by a complaint, the
25complainant shall be given notice and may participate in the
26hearing as a party. A request for a hearing by either a

 

 

10300HB0559ham002- 32 -LRB103 04144 SPS 59413 a

1complainant or a facility shall be submitted in writing to the
2Department within 30 days after the mailing of the
3Department's findings as described in subsection (e) of this
4Section. Upon receipt of the request the Department shall
5conduct a hearing as provided under Section 3-703.
6    (g-5) The Department shall conduct an annual review of all
7survey activity from the preceding fiscal year and make a
8report concerning the complaint and survey process. The report
9shall include, but not be limited to:
10        (1) the total number of complaints received;
11        (2) the breakdown of 24-hour, 7-day, and 30-day
12    complaints;
13        (3) the breakdown of anonymous and non-anonymous
14    complaints;
15        (4) the number of complaints that were substantiated
16    versus unsubstantiated;
17        (5) the total number of substantiated complaints that
18    were completed in the time frame determined under
19    subsection (d);
20        (6) the total number of informal dispute resolutions
21    requested;
22        (7) the total number of informal dispute resolution
23    requests approved;
24        (8) the total number of informal dispute resolutions
25    that were overturned or reduced in severity;
26        (9) the total number of nurse surveyors hired during

 

 

10300HB0559ham002- 33 -LRB103 04144 SPS 59413 a

1    the calendar year;
2        (10) the total number of nurse surveyors who left
3    Department employment;
4        (11) the average length of tenure for nurse surveyors
5    employed by the Department at the time the report is
6    created;
7        (12) the total number of times the Department imposed
8    discretionary denial of payment within 15 days of notice
9    and within 2 days of notice as well as the number of times
10    the discretionary denial of payment took effect; and
11        (13) any other complaint information requested by the
12    Long-Term Care Facility Advisory Board created under
13    Section 2-204 of this Act or the Illinois Long-Term Care
14    Council created under Section 4.04a of the Illinois Act on
15    the Aging.
16    This report shall be provided to the Long-Term Care
17Facility Advisory Board, the Illinois Long-Term Care Council,
18and the General Assembly. The Long-Term Care Facility Advisory
19Board and the Illinois Long-Term Care Council shall review the
20report and suggest any changes deemed necessary to the
21Department for review and action, including how to investigate
22and substantiate anonymous complaints.
23    (h) Any person who knowingly transmits a false report to
24the Department commits the offense of disorderly conduct under
25subsection (a)(8) of Section 26-1 of the Criminal Code of
262012.

 

 

10300HB0559ham002- 34 -LRB103 04144 SPS 59413 a

1(Source: P.A. 102-432, eff. 8-20-21; 102-947, eff. 1-1-23;
2revised 12-9-22.)
 
3    Section 20. The MC/DD Act is amended by changing Sections
43-116, 3-202.5, and 3-702 as follows:
 
5    (210 ILCS 46/3-116)
6    Sec. 3-116. Probationary license. If the applicant has not
7been previously licensed or if the facility is not in
8operation at the time application is made, the Department
9shall issue only a probationary license. A probationary
10license shall be valid for 120 days unless sooner suspended or
11revoked under Section 3-119. An extension for an additional
12120 days may be granted if requested and approved by the
13Department. Within 30 days prior to the termination of a
14probationary license, the Department shall fully and
15completely inspect the facility and, if the facility meets the
16applicable requirements for licensure, shall issue a license
17under Section 3-109, except that, during a statewide public
18health emergency, as defined in the Illinois Emergency
19Management Agency Act, the Department shall inspect facilities
20within an appropriate time frame to the extent feasible. If
21the Department finds that the facility does not meet the
22requirements for licensure but has made substantial progress
23toward meeting those requirements, the license may be renewed
24once for a period not to exceed 120 days from the expiration

 

 

10300HB0559ham002- 35 -LRB103 04144 SPS 59413 a

1date of the initial probationary license.
2(Source: P.A. 99-180, eff. 7-29-15.)
 
3    (210 ILCS 46/3-202.5)
4    Sec. 3-202.5. Facility plan review; fees.
5    (a) Before commencing construction of a new facility or
6specified types of alteration or additions to an existing
7facility involving major construction, as defined by rule by
8the Department, with an estimated cost greater than $100,000,
9architectural drawings and specifications for the facility
10shall be submitted to the Department for review and approval.
11A facility may submit architectural drawings and
12specifications for other construction projects for Department
13review according to subsection (b) that shall not be subject
14to fees under subsection (d). Review of drawings and
15specifications shall be conducted by an employee of the
16Department meeting the qualifications established by the
17Department of Central Management Services class specifications
18for such an individual's position or by a person contracting
19with the Department who meets those class specifications.
20Final approval of the drawings and specifications for
21compliance with design and construction standards shall be
22obtained from the Department before the alteration, addition,
23or new construction is begun.
24    (b) The Department shall inform an applicant in writing
25within 10 working days after receiving drawings and

 

 

10300HB0559ham002- 36 -LRB103 04144 SPS 59413 a

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

 

 

10300HB0559ham002- 37 -LRB103 04144 SPS 59413 a

1the construction, major alteration, or addition shall be
2deemed approved. If the drawings and specifications are
3disapproved, the Department shall state in writing, with
4specificity, the reasons for the disapproval. The entity
5submitting the drawings and specifications may submit
6additional information in response to the written comments
7from the Department or request a reconsideration of the
8disapproval. A final decision of approval or disapproval shall
9be made within 45 days of the receipt of the additional
10information or reconsideration request. If denied, the
11Department shall state the specific reasons for the denial.
12    (c) The Department shall provide written approval for
13occupancy pursuant to subsection (g) and shall not issue a
14violation to a facility as a result of a licensure or complaint
15survey based upon the facility's physical structure if:
16        (1) the Department reviewed and approved or deemed
17    approved the drawings and specifications for compliance
18    with design and construction standards;
19        (2) the construction, major alteration, or addition
20    was built as submitted;
21        (3) the law or rules have not been amended since the
22    original approval; and
23        (4) the conditions at the facility indicate that there
24    is a reasonable degree of safety provided for the
25    residents.
26    (d) (Blank).

 

 

10300HB0559ham002- 38 -LRB103 04144 SPS 59413 a

1    (e) All fees received by the Department under this Section
2shall be deposited into the Health Facility Plan Review Fund,
3a special fund created in the State Treasury. Moneys shall be
4appropriated from that Fund to the Department only to pay the
5costs of conducting reviews under this Section, under Section
63-202.5 of the Nursing Home Care Act, or under Section 3-202.5
7of the ID/DD Community Care Act. None of the moneys in the
8Health Facility Plan Review Fund shall be used to reduce the
9amount of General Revenue Fund moneys appropriated to the
10Department for facility plan reviews conducted pursuant to
11this Section.
12    (f) (Blank).
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
18statewide public health emergency, as defined in the Illinois
19Emergency Management Agency Act, the Department shall conduct
20an on-site inspection to the extent feasible. The Department
21shall provide written approval for occupancy to the applicant
22within 5 working days of the Department's final inspection,
23provided the applicant has demonstrated substantial compliance
24as defined by Department rule. Occupancy of new major
25construction is prohibited until Department approval is
26received, unless the Department has not acted within the time

 

 

10300HB0559ham002- 39 -LRB103 04144 SPS 59413 a

1frames provided in this subsection (g), in which case the
2construction shall be deemed approved. Occupancy shall be
3authorized after any required health inspection by the
4Department has been conducted.
5    (h) The Department shall establish, by rule, a procedure
6to conduct interim on site review of large or complex
7construction projects.
8    (i) The Department shall establish, by rule, an expedited
9process for emergency repairs or replacement of like
10equipment.
11    (j) Nothing in this Section shall be construed to apply to
12maintenance, upkeep, or renovation that does not affect the
13structural integrity of the building, does not add beds or
14services over the number for which the facility is licensed,
15and provides a reasonable degree of safety for the residents.
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

 

 

10300HB0559ham002- 40 -LRB103 04144 SPS 59413 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.

 

 

10300HB0559ham002- 41 -LRB103 04144 SPS 59413 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 statewide public health
11emergency, as defined in the Illinois Emergency Management
12Agency Act, all other complaints shall be investigated within
13an appropriate time frame to the extent feasible. The
14Department employees investigating a complaint shall conduct a
15brief, informal exit conference with the facility to alert its
16administration of any suspected serious deficiency that poses
17a direct threat to the health, safety or welfare of a resident
18to enable an immediate correction for the alleviation or
19elimination of such threat. Such information and findings
20discussed in the brief exit conference shall become a part of
21the investigating record but shall not in any way constitute
22an official or final notice of violation as provided under
23Section 3-301. All complaints shall be classified as "an
24invalid report", "a valid report", or "an undetermined
25report". For any complaint classified as "a valid report", the
26Department must determine within 30 working days if any rule

 

 

10300HB0559ham002- 42 -LRB103 04144 SPS 59413 a

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

 

 

10300HB0559ham002- 43 -LRB103 04144 SPS 59413 a

1notice of any such hearing and may participate in the hearing
2as a party. If a facility requests a hearing under Section
33-703 which concerns a matter covered by a complaint, the
4complainant shall be given notice and may participate in the
5hearing as a party. A request for a hearing by either a
6complainant or a facility shall be submitted in writing to the
7Department within 30 days after the mailing of the
8Department's findings as described in subsection (e) of this
9Section. Upon receipt of the request the Department shall
10conduct a hearing as provided under Section 3-703.
11    (g-5) The Department shall conduct an annual review and
12make a report concerning the complaint process that includes
13the number of complaints received, the breakdown of anonymous
14and non-anonymous complaints and whether the complaints were
15substantiated or not, the total number of substantiated
16complaints, and any other complaint information requested by
17the DD Facility Advisory Board. This report shall be provided
18to the DD Facility Advisory Board. The DD Facility Advisory
19Board shall review the report and suggest any changes deemed
20necessary to the Department for review and action, including
21how to investigate and substantiate anonymous complaints.
22    (h) Any person who knowingly transmits a false report to
23the Department commits the offense of disorderly conduct under
24subsection (a)(8) of Section 26-1 of the Criminal Code of
252012.
26(Source: P.A. 99-180, eff. 7-29-15.)
 

 

 

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1    Section 25. The ID/DD Community Care Act is amended by
2changing Sections 3-116, 3-206, 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 unless sooner suspended or
9revoked under Section 3-119. An extension for an additional
10120 days may be granted if requested and approved by the
11Department. Within 30 days prior to the termination of a
12probationary 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 statewide public
16health emergency, as defined in the Illinois Emergency
17Management Agency Act, the Department shall inspect facilities
18within an appropriate time frame to the extent feasible. If
19the Department finds that the facility does not meet the
20requirements for licensure but has made substantial progress
21toward meeting those requirements, the license may be renewed
22once for a period not to exceed 120 days from the expiration
23date of the initial probationary license.
24(Source: P.A. 96-339, eff. 7-1-10.)
 

 

 

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1    (210 ILCS 47/3-206)
2    Sec. 3-206. Curriculum for training nursing assistants and
3aides. The Department shall prescribe a curriculum for
4training nursing assistants, habilitation aides, and child
5care aides.
6    (a) No person, except a volunteer who receives no
7compensation from a facility and is not included for the
8purpose of meeting any staffing requirements set forth by the
9Department, shall act as a nursing assistant, habilitation
10aide, or child care aide in a facility, nor shall any person,
11under any other title, not licensed, certified, or registered
12to render medical care by the Department of Financial and
13Professional Regulation, assist with the personal, medical, or
14nursing care of residents in a facility, unless such person
15meets the following requirements:
16        (1) Be at least 16 years of age, of temperate habits
17    and good moral character, honest, reliable and
18    trustworthy.
19        (2) Be able to speak and understand the English
20    language or a language understood by a substantial
21    percentage of the facility's residents.
22        (3) Provide evidence of employment or occupation, if
23    any, and residence for 2 years prior to his or her present
24    employment.
25        (4) Have completed at least 8 years of grade school or

 

 

10300HB0559ham002- 46 -LRB103 04144 SPS 59413 a

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

 

 

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

 

 

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

 

 

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

 

 

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1requirements of this subsection shall not be required to
2undergo additional training if he or she is transferred to or
3obtains employment at a different facility or a facility other
4than those licensed under this Act but remains continuously
5employed as a nursing assistant, habilitation aide, or child
6care aide. Individuals who have performed no nursing,
7nursing-related services, or habilitation services for a
8period of 24 consecutive months shall be listed as inactive
9and as such do not meet the requirements of this Section.
10Licensed sheltered care facilities shall be exempt from the
11requirements of this Section.
12(Source: P.A. 100-432, eff. 8-25-17.)
 
13    (210 ILCS 47/3-702)
14    Sec. 3-702. Request for investigation of violation.
15    (a) A person who believes that this Act or a rule
16promulgated under this Act may have been violated may request
17an investigation. The request may be submitted to the
18Department in writing, by telephone, by electronic means, or
19by personal visit. An oral complaint shall be reduced to
20writing by the Department. The Department shall make
21available, through its website and upon request, information
22regarding the oral and phone intake processes and the list of
23questions that will be asked of the complainant. The
24Department shall request information identifying the
25complainant, including the name, address and telephone number,

 

 

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

 

 

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

 

 

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1    (e) In all cases, the Department shall inform the
2complainant of its findings within 10 days of its
3determination unless otherwise indicated by the complainant,
4and the complainant may direct the Department to send a copy of
5such findings to another person. The Department's findings may
6include comments or documentation provided by either the
7complainant or the licensee pertaining to the complaint. The
8Department shall also notify the facility of such findings
9within 10 days of the determination, but the name of the
10complainant or residents shall not be disclosed in this notice
11to the facility. The notice of such findings shall include a
12copy of the written determination; the correction order, if
13any; the warning notice, if any; the inspection report; or the
14State licensure form on which the violation is listed.
15    (f) A written determination, correction order, or warning
16notice concerning a complaint, together with the facility's
17response, shall be available for public inspection, but the
18name of the complainant or resident shall not be disclosed
19without his or her consent.
20    (g) A complainant who is dissatisfied with the
21determination or investigation by the Department may request a
22hearing under Section 3-703. The facility shall be given
23notice of any such hearing and may participate in the hearing
24as a party. If a facility requests a hearing under Section
253-703 which concerns a matter covered by a complaint, the
26complainant shall be given notice and may participate in the

 

 

10300HB0559ham002- 54 -LRB103 04144 SPS 59413 a

1hearing as a party. A request for a hearing by either a
2complainant or a facility shall be submitted in writing to the
3Department within 30 days after the mailing of the
4Department's findings as described in subsection (e) of this
5Section. Upon receipt of the request the Department shall
6conduct a hearing as provided under Section 3-703.
7    (g-5) The Department shall conduct an annual review and
8make a report concerning the complaint process that includes
9the number of complaints received, the breakdown of anonymous
10and non-anonymous complaints and whether the complaints were
11substantiated or not, the total number of substantiated
12complaints, and any other complaint information requested by
13the DD Facility Advisory Board. This report shall be provided
14to the DD Facility Advisory Board. The DD Facility Advisory
15Board shall review the report and suggest any changes deemed
16necessary to the Department for review and action, including
17how to investigate and 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. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14.)
 
23    Section 30. The Specialized Mental Health Rehabilitation
24Act of 2013 is amended by changing Section 4-105 as follows:
 

 

 

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1    (210 ILCS 49/4-105)
2    Sec. 4-105. Provisional licensure duration. A provisional
3license shall be valid upon fulfilling the requirements
4established by the Department by emergency rule. The license
5shall remain valid as long as a facility remains in compliance
6with the licensure provisions established in rule. Provisional
7licenses issued upon initial licensure as a specialized mental
8health rehabilitation facility shall expire at the end of a
93-year period, which commences on the date the provisional
10license is issued. Issuance of a provisional license for any
11reason other than initial licensure (including, but not
12limited to, change of ownership, location, number of beds, or
13services) shall not extend the maximum 3-year period, at the
14end of which a facility must be licensed pursuant to Section
154-201. An extension for 120 days may be granted if requested
16and approved by the Department. Notwithstanding any other
17provision of this Act or the Specialized Mental Health
18Rehabilitation Facilities Code, 77 Ill. Adm. Admin. Code 380,
19to the contrary, if a facility has received notice from the
20Department that its application for provisional licensure to
21provide recovery and rehabilitation services has been accepted
22as complete and the facility has attested in writing to the
23Department that it will comply with the staff training plan
24approved by the Division of Mental Health, then a provisional
25license for recovery and rehabilitation services shall be
26issued to the facility within 60 days after the Department

 

 

10300HB0559ham002- 56 -LRB103 04144 SPS 59413 a

1determines that the facility is in compliance with the
2requirements of the Life Safety Code in accordance with
3Section 4-104.5 of this Act.
4(Source: P.A. 99-712, eff. 8-5-16; 100-365, eff. 8-25-17;
5revised 2-28-22.)
 
6    Section 35. The Illinois Insurance Code is amended by
7adding Section 356z.61 as follows:
 
8    (215 ILCS 5/356z.61 new)
9    Sec. 356z.61. Coverage of pharmacy testing, screening,
10vaccinations, and treatment.
11    A group or individual policy of accident and health
12insurance or a managed care plan that is amended, delivered,
13issued, or renewed on or after January 1, 2024 shall provide
14coverage for health care or patient care services provided by
15a pharmacist if:
16        (1) the pharmacist meets the requirements and scope of
17    practice described in paragraph (15), (16), or (17) of
18    subsection (d) of Section 3 of the Pharmacy Practice Act;
19        (2) the health plan provides coverage for the same
20    service provided by a licensed physician, an advanced
21    practice registered nurse, or a physician assistant;
22        (3) the pharmacist is included in the health benefit
23    plan's network of participating providers; and
24        (4) reimbursement has been successfully negotiated in

 

 

10300HB0559ham002- 57 -LRB103 04144 SPS 59413 a

1    good faith between the pharmacist and the health plan.
 
2    Section 45. The Medical Practice Act of 1987 is amended by
3changing Sections 2 and 54.2 as follows:
 
4    (225 ILCS 60/2)  (from Ch. 111, par. 4400-2)
5    (Section scheduled to be repealed on January 1, 2027)
6    Sec. 2. Definitions. For purposes of this Act, the
7following definitions shall have the following meanings,
8except where the context requires otherwise:
9    "Act" means the Medical Practice Act of 1987.
10    "Address of record" means the designated address recorded
11by the Department in the applicant's or licensee's application
12file or license file as maintained by the Department's
13licensure maintenance unit.
14    "Chiropractic physician" means a person licensed to treat
15human ailments without the use of drugs and without operative
16surgery. Nothing in this Act shall be construed to prohibit a
17chiropractic physician from providing advice regarding the use
18of non-prescription products or from administering atmospheric
19oxygen. Nothing in this Act shall be construed to authorize a
20chiropractic physician to prescribe drugs.
21    "Department" means the Department of Financial and
22Professional Regulation.
23    "Disciplinary action" means revocation, suspension,
24probation, supervision, practice modification, reprimand,

 

 

10300HB0559ham002- 58 -LRB103 04144 SPS 59413 a

1required education, fines or any other action taken by the
2Department against a person holding a license.
3    "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    "Final determination" means the governing body's final
8action taken under the procedure followed by a health care
9institution, or professional association or society, against
10any person licensed under the Act in accordance with the
11bylaws or rules and regulations of such health care
12institution, or professional association or society.
13    "Fund" means the Illinois State Medical Disciplinary Fund.
14    "Impaired" means the inability to practice medicine with
15reasonable skill and safety due to physical or mental
16disabilities as evidenced by a written determination or
17written consent based on clinical evidence including
18deterioration through the aging process or loss of motor
19skill, or abuse of drugs or alcohol, of sufficient degree to
20diminish a person's ability to deliver competent patient care.
21    "International medical graduate" means a medical graduate
22(i) who has been trained in a country other than the United
23States; (ii) whose education has been certified by the
24Educational Commission for Foreign Medical Graduates; (iii)
25who has passed Step 1, Step 2 Clinical Knowledge, and Step 3 of
26the United States Medical Licensing Examination as required by

 

 

10300HB0559ham002- 59 -LRB103 04144 SPS 59413 a

1this Act; (iv) who maintains an unencumbered license from
2another country; and (v) who is not licensed to practice
3medicine in any state or territory of the United States.
4    "Medical Board" means the Illinois State Medical Board.
5    "Physician" means a person licensed under the Medical
6Practice Act to practice medicine in all of its branches or a
7chiropractic physician.
8    "Professional association" means an association or society
9of persons licensed under this Act, and operating within the
10State of Illinois, including but not limited to, medical
11societies, osteopathic organizations, and chiropractic
12organizations, but this term shall not be deemed to include
13hospital medical staffs.
14    "Program of care, counseling, or treatment" means a
15written schedule of organized treatment, care, counseling,
16activities, or education, satisfactory to the Medical Board,
17designed for the purpose of restoring an impaired person to a
18condition whereby the impaired person can practice medicine
19with reasonable skill and safety of a sufficient degree to
20deliver competent patient care.
21    "Reinstate" means to change the status of a license or
22permit from inactive or nonrenewed status to active status.
23    "Restore" means to remove an encumbrance from a license
24due to probation, suspension, or revocation.
25    "Secretary" means the Secretary of Financial and
26Professional Regulation.

 

 

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1(Source: P.A. 102-20, eff. 1-1-22; 102-1117, eff. 1-13-23.)
 
2    (225 ILCS 60/54.2)
3    (Section scheduled to be repealed on January 1, 2027)
4    Sec. 54.2. Physician delegation of authority.
5    (a) Nothing in this Act shall be construed to limit the
6delegation of patient care tasks or duties by a physician, to a
7licensed practical nurse, a registered professional nurse, or
8other licensed person practicing within the scope of his or
9her individual licensing Act. Delegation by a physician
10licensed to practice medicine in all its branches to physician
11assistants or advanced practice registered nurses is also
12addressed in Section 54.5 of this Act. No physician may
13delegate any patient care task or duty that is statutorily or
14by rule mandated to be performed by a physician.
15    (b) In an office or practice setting and within a
16physician-patient relationship, a physician may delegate
17patient care tasks or duties to an unlicensed person who
18possesses appropriate training and experience provided a
19health care professional, who is practicing within the scope
20of such licensed professional's individual licensing Act, is
21on site to provide assistance.
22    (c) Any such patient care task or duty delegated to a
23licensed or unlicensed person must be within the scope of
24practice, education, training, or experience of the delegating
25physician and within the context of a physician-patient

 

 

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1relationship.
2    (d) Nothing in this Section shall be construed to affect
3referrals for professional services required by law.
4    (e) The Department shall have the authority to promulgate
5rules concerning a physician's delegation, including but not
6limited to, the use of light emitting devices for patient care
7or treatment.
8    (f) Nothing in this Act shall be construed to limit the
9method of delegation that may be authorized by any means,
10including, but not limited to, oral, written, electronic,
11standing orders, protocols, guidelines, or verbal orders.
12    (g) A physician licensed to practice medicine in all of
13its branches under this Act may delegate any and all authority
14prescribed to him or her by law to international medical
15graduate physicians, so long as the tasks or duties are within
16the scope of practice, education, training, or experience of
17the delegating physician who is on site to provide assistance.
18An international medical graduate working in Illinois pursuant
19to this subsection (g) is subject to all statutory and
20regulatory requirements of this Act, as applicable, relating
21to the standards of care. An international medical graduate
22physician is limited to providing treatment under the
23supervision of a physician licensed to practice medicine in
24all of its branches under this Act. The supervising physician
25must keep record of and make available upon request by the
26Department the following: (1) evidence of education certified

 

 

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1by the Educational Commission for Foreign Medical Graduates;
2(2) evidence of passage of Step 1, Step 2 Clinical Knowledge,
3and Step 3 of the United States Medical Licensing Examination
4as required by this Act; and (3) evidence of an unencumbered
5license from another country. This subsection does not apply
6to any international medical graduate whose license as a
7physician is revoked, suspended, or otherwise encumbered.
8(Source: P.A. 100-513, eff. 1-1-18.)
 
9    Section 50. The Pharmacy Practice Act is amended by
10changing Section 3 and by adding Section 9.6 as follows:
 
11    (225 ILCS 85/3)
12    (Section scheduled to be repealed on January 1, 2028)
13    Sec. 3. Definitions. For the purpose of this Act, except
14where otherwise limited therein:
15    (a) "Pharmacy" or "drugstore" means and includes every
16store, shop, pharmacy department, or other place where
17pharmacist care is provided by a pharmacist (1) where drugs,
18medicines, or poisons are dispensed, sold or offered for sale
19at retail, or displayed for sale at retail; or (2) where
20prescriptions of physicians, dentists, advanced practice
21registered nurses, physician assistants, veterinarians,
22podiatric physicians, or optometrists, within the limits of
23their licenses, are compounded, filled, or dispensed; or (3)
24which has upon it or displayed within it, or affixed to or used

 

 

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1in connection with it, a sign bearing the word or words
2"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
3"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
4"Drugs", "Dispensary", "Medicines", or any word or words of
5similar or like import, either in the English language or any
6other language; or (4) where the characteristic prescription
7sign (Rx) or similar design is exhibited; or (5) any store, or
8shop, or other place with respect to which any of the above
9words, objects, signs or designs are used in any
10advertisement.
11    (b) "Drugs" means and includes (1) articles recognized in
12the official United States Pharmacopoeia/National Formulary
13(USP/NF), or any supplement thereto and being intended for and
14having for their main use the diagnosis, cure, mitigation,
15treatment or prevention of disease in man or other animals, as
16approved by the United States Food and Drug Administration,
17but does not include devices or their components, parts, or
18accessories; and (2) all other articles intended for and
19having for their main use the diagnosis, cure, mitigation,
20treatment or prevention of disease in man or other animals, as
21approved by the United States Food and Drug Administration,
22but does not include devices or their components, parts, or
23accessories; and (3) articles (other than food) having for
24their main use and intended to affect the structure or any
25function of the body of man or other animals; and (4) articles
26having for their main use and intended for use as a component

 

 

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1or any articles specified in clause (1), (2) or (3); but does
2not include devices or their components, parts or accessories.
3    (c) "Medicines" means and includes all drugs intended for
4human or veterinary use approved by the United States Food and
5Drug Administration.
6    (d) "Practice of pharmacy" means:
7        (1) the interpretation and the provision of assistance
8    in the monitoring, evaluation, and implementation of
9    prescription drug orders;
10        (2) the dispensing of prescription drug orders;
11        (3) participation in drug and device selection;
12        (4) drug administration limited to the administration
13    of oral, topical, injectable, and inhalation as follows:
14            (A) in the context of patient education on the
15        proper use or delivery of medications;
16            (B) vaccination of patients 7 years of age and
17        older pursuant to a valid prescription or standing
18        order, by a physician licensed to practice medicine in
19        all its branches, except for vaccinations covered by
20        paragraph (15), upon completion of appropriate
21        training, including how to address contraindications
22        and adverse reactions set forth by rule, with
23        notification to the patient's physician and
24        appropriate record retention, or pursuant to hospital
25        pharmacy and therapeutics committee policies and
26        procedures. Eligible vaccines are those listed on the

 

 

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1        U.S. Centers for Disease Control and Prevention (CDC)
2        Recommended Immunization Schedule, the CDC's Health
3        Information for International Travel, or the U.S. Food
4        and Drug Administration's Vaccines Licensed and
5        Authorized for Use in the United States. As applicable
6        to the State's Medicaid program and other payers,
7        vaccines ordered and administered in accordance with
8        this subsection shall be covered and reimbursed at no
9        less than the rate that the vaccine is reimbursed when
10        ordered and administered by a physician;
11            (B-5) following the initial administration of
12        long-acting or extended-release form opioid
13        antagonists by a physician licensed to practice
14        medicine in all its branches, administration of
15        injections of long-acting or extended-release form
16        opioid antagonists for the treatment of substance use
17        disorder, pursuant to a valid prescription by a
18        physician licensed to practice medicine in all its
19        branches, upon completion of appropriate training,
20        including how to address contraindications and adverse
21        reactions, including, but not limited to, respiratory
22        depression and the performance of cardiopulmonary
23        resuscitation, set forth by rule, with notification to
24        the patient's physician and appropriate record
25        retention, or pursuant to hospital pharmacy and
26        therapeutics committee policies and procedures;

 

 

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1            (C) administration of injections of
2        alpha-hydroxyprogesterone caproate, pursuant to a
3        valid prescription, by a physician licensed to
4        practice medicine in all its branches, upon completion
5        of appropriate training, including how to address
6        contraindications and adverse reactions set forth by
7        rule, with notification to the patient's physician and
8        appropriate record retention, or pursuant to hospital
9        pharmacy and therapeutics committee policies and
10        procedures; and
11            (D) administration of injections of long-term
12        antipsychotic medications pursuant to a valid
13        prescription by a physician licensed to practice
14        medicine in all its branches, upon completion of
15        appropriate training conducted by an Accreditation
16        Council of Pharmaceutical Education accredited
17        provider, including how to address contraindications
18        and adverse reactions set forth by rule, 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.
23        (5) (blank);
24        (6) drug regimen review;
25        (7) drug or drug-related research;
26        (8) the provision of patient counseling;

 

 

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1        (9) the practice of telepharmacy;
2        (10) the provision of those acts or services necessary
3    to provide pharmacist care;
4        (11) medication therapy management;
5        (12) the responsibility for compounding and labeling
6    of drugs and devices (except labeling by a manufacturer,
7    repackager, or distributor of non-prescription drugs and
8    commercially packaged legend drugs and devices), proper
9    and safe storage of drugs and devices, and maintenance of
10    required records;
11        (13) the assessment and consultation of patients and
12    dispensing of hormonal contraceptives; and
13        (14) the initiation, dispensing, or administration of
14    drugs, laboratory tests, assessments, referrals, and
15    consultations for human immunodeficiency virus
16    pre-exposure prophylaxis and human immunodeficiency virus
17    post-exposure prophylaxis under Section 43.5; .
18        (15) vaccination of patients 7 years of age and older
19    for COVID-19 or influenza subcutaneously, intramuscularly,
20    or orally as authorized, approved, or licensed by the
21    United States Food and Drug Administration, pursuant to
22    the following conditions:
23            (A) the vaccine must be authorized or licensed by
24        the United States Food and Drug Administration;
25            (B) the vaccine must be ordered and administered
26        according to the Advisory Committee on Immunization

 

 

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1        Practices standard immunization schedule;
2            (C) the pharmacist must complete a course of
3        training accredited by the Accreditation Council on
4        Pharmacy Education or a similar health authority or
5        professional body approved by the Division of
6        Professional Regulation;
7            (D) the pharmacist must have a current certificate
8        in basic cardiopulmonary resuscitation;
9            (E) the pharmacist must complete, during each
10        State licensing period, a minimum of 2 hours of
11        immunization-related continuing pharmacy education
12        approved by the Accreditation Council on Pharmacy
13        Education;
14            (F) the pharmacist must comply with recordkeeping
15        and reporting requirements of the jurisdiction in
16        which the pharmacist administers vaccines, including
17        informing the patient's primary-care provider, when
18        available, and complying with requirements whereby the
19        person administering a vaccine must review the vaccine
20        registry or other vaccination records prior to
21        administering the vaccine; and
22            (G) the pharmacist must inform the pharmacist's
23        patients who are less than 18 years old, as well as the
24        adult caregiver accompanying the child, of the
25        importance of a well-child visit with a pediatrician
26        or other licensed primary-care provider and must refer

 

 

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1        patients as appropriate.
2        (16) administration of COVID-19 therapeutics
3    subcutaneously, intramuscularly, or orally with
4    notification to the patient's physician and appropriate
5    record retention or pursuant to hospital pharmacy and
6    therapeutics committee policies and procedures. Eligible
7    therapeutics are those approved, authorized, or licensed
8    by the United States Food and Drug Administration and must
9    be administered subcutaneously, intramuscularly, or orally
10    in accordance with that approval, authorization, or
11    licensing; and
12        (17) the ordering and administration of tests and
13    screenings for the following health conditions:
14            (A) influenza;
15            (B) SARS-COV 2; and
16            (C) other emerging and existing public health
17        threats identified by the Department of Public Health
18        or by emergency order.
19    A pharmacist who orders or administers tests or screenings
20for health conditions described in this paragraph may use any
21test that may guide clinical decision-making for the health
22condition that is waived under the federal Clinical Laboratory
23Improvement Amendments of 1988 and regulations promulgated
24thereunder or any established screening procedure that is
25established under a statewide protocol.
26    A pharmacist may delegate the administrative and technical

 

 

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1tasks of performing a test for the health conditions described
2in this paragraph to a registered pharmacy technician or
3student pharmacist acting under the supervision of the
4pharmacist.
5    A pharmacist who performs any of the acts defined as the
6practice of pharmacy in this State must be actively licensed
7as a pharmacist under this Act.
8    (e) "Prescription" means and includes any written, oral,
9facsimile, or electronically transmitted order for drugs or
10medical devices, issued by a physician licensed to practice
11medicine in all its branches, dentist, veterinarian, podiatric
12physician, or optometrist, within the limits of his or her
13license, by a physician assistant in accordance with
14subsection (f) of Section 4, or by an advanced practice
15registered nurse in accordance with subsection (g) of Section
164, containing the following: (1) name of the patient; (2) date
17when prescription was issued; (3) name and strength of drug or
18description of the medical device prescribed; and (4)
19quantity; (5) directions for use; (6) prescriber's name,
20address, and signature; and (7) DEA registration number where
21required, for controlled substances. The prescription may, but
22is not required to, list the illness, disease, or condition
23for which the drug or device is being prescribed. DEA
24registration numbers shall not be required on inpatient drug
25orders. A prescription for medication other than controlled
26substances shall be valid for up to 15 months from the date

 

 

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1issued for the purpose of refills, unless the prescription
2states otherwise.
3    (f) "Person" means and includes a natural person,
4partnership, association, corporation, government entity, or
5any other legal entity.
6    (g) "Department" means the Department of Financial and
7Professional Regulation.
8    (h) "Board of Pharmacy" or "Board" means the State Board
9of Pharmacy of the Department of Financial and Professional
10Regulation.
11    (i) "Secretary" means the Secretary of Financial and
12Professional Regulation.
13    (j) "Drug product selection" means the interchange for a
14prescribed pharmaceutical product in accordance with Section
1525 of this Act and Section 3.14 of the Illinois Food, Drug and
16Cosmetic Act.
17    (k) "Inpatient drug order" means an order issued by an
18authorized prescriber for a resident or patient of a facility
19licensed under the Nursing Home Care Act, the ID/DD Community
20Care Act, the MC/DD Act, the Specialized Mental Health
21Rehabilitation Act of 2013, the Hospital Licensing Act, or the
22University of Illinois Hospital Act, or a facility which is
23operated by the Department of Human Services (as successor to
24the Department of Mental Health and Developmental
25Disabilities) or the Department of Corrections.
26    (k-5) "Pharmacist" means an individual health care

 

 

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1professional and provider currently licensed by this State to
2engage in the practice of pharmacy.
3    (l) "Pharmacist in charge" means the licensed pharmacist
4whose name appears on a pharmacy license and who is
5responsible for all aspects of the operation related to the
6practice of pharmacy.
7    (m) "Dispense" or "dispensing" means the interpretation,
8evaluation, and implementation of a prescription drug order,
9including the preparation and delivery of a drug or device to a
10patient or patient's agent in a suitable container
11appropriately labeled for subsequent administration to or use
12by a patient in accordance with applicable State and federal
13laws and regulations. "Dispense" or "dispensing" does not mean
14the physical delivery to a patient or a patient's
15representative in a home or institution by a designee of a
16pharmacist or by common carrier. "Dispense" or "dispensing"
17also does not mean the physical delivery of a drug or medical
18device to a patient or patient's representative by a
19pharmacist's designee within a pharmacy or drugstore while the
20pharmacist is on duty and the pharmacy is open.
21    (n) "Nonresident pharmacy" means a pharmacy that is
22located in a state, commonwealth, or territory of the United
23States, other than Illinois, that delivers, dispenses, or
24distributes, through the United States Postal Service,
25commercially acceptable parcel delivery service, or other
26common carrier, to Illinois residents, any substance which

 

 

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1requires a prescription.
2    (o) "Compounding" means the preparation and mixing of
3components, excluding flavorings, (1) as the result of a
4prescriber's prescription drug order or initiative based on
5the prescriber-patient-pharmacist relationship in the course
6of professional practice or (2) for the purpose of, or
7incident to, research, teaching, or chemical analysis and not
8for sale or dispensing. "Compounding" includes the preparation
9of drugs or devices in anticipation of receiving prescription
10drug orders based on routine, regularly observed dispensing
11patterns. Commercially available products may be compounded
12for dispensing to individual patients only if all of the
13following conditions are met: (i) the commercial product is
14not reasonably available from normal distribution channels in
15a timely manner to meet the patient's needs and (ii) the
16prescribing practitioner has requested that the drug be
17compounded.
18    (p) (Blank).
19    (q) (Blank).
20    (r) "Patient counseling" means the communication between a
21pharmacist or a student pharmacist under the supervision of a
22pharmacist and a patient or the patient's representative about
23the patient's medication or device for the purpose of
24optimizing proper use of prescription medications or devices.
25"Patient counseling" may include without limitation (1)
26obtaining a medication history; (2) acquiring a patient's

 

 

10300HB0559ham002- 74 -LRB103 04144 SPS 59413 a

1allergies and health conditions; (3) facilitation of the
2patient's understanding of the intended use of the medication;
3(4) proper directions for use; (5) significant potential
4adverse events; (6) potential food-drug interactions; and (7)
5the need to be compliant with the medication therapy. A
6pharmacy technician may only participate in the following
7aspects of patient counseling under the supervision of a
8pharmacist: (1) obtaining medication history; (2) providing
9the offer for counseling by a pharmacist or student
10pharmacist; and (3) acquiring a patient's allergies and health
11conditions.
12    (s) "Patient profiles" or "patient drug therapy record"
13means the obtaining, recording, and maintenance of patient
14prescription information, including prescriptions for
15controlled substances, and personal information.
16    (t) (Blank).
17    (u) "Medical device" or "device" means an instrument,
18apparatus, implement, machine, contrivance, implant, in vitro
19reagent, or other similar or related article, including any
20component part or accessory, required under federal law to
21bear the label "Caution: Federal law requires dispensing by or
22on the order of a physician". A seller of goods and services
23who, only for the purpose of retail sales, compounds, sells,
24rents, or leases medical devices shall not, by reasons
25thereof, be required to be a licensed pharmacy.
26    (v) "Unique identifier" means an electronic signature,

 

 

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1handwritten signature or initials, thumb print, or other
2acceptable biometric or electronic identification process as
3approved by the Department.
4    (w) "Current usual and customary retail price" means the
5price that a pharmacy charges to a non-third-party payor.
6    (x) "Automated pharmacy system" means a mechanical system
7located within the confines of the pharmacy or remote location
8that performs operations or activities, other than compounding
9or administration, relative to storage, packaging, dispensing,
10or distribution of medication, and which collects, controls,
11and maintains all transaction information.
12    (y) "Drug regimen review" means and includes the
13evaluation of prescription drug orders and patient records for
14(1) known allergies; (2) drug or potential therapy
15contraindications; (3) reasonable dose, duration of use, and
16route of administration, taking into consideration factors
17such as age, gender, and contraindications; (4) reasonable
18directions for use; (5) potential or actual adverse drug
19reactions; (6) drug-drug interactions; (7) drug-food
20interactions; (8) drug-disease contraindications; (9)
21therapeutic duplication; (10) patient laboratory values when
22authorized and available; (11) proper utilization (including
23over or under utilization) and optimum therapeutic outcomes;
24and (12) abuse and misuse.
25    (z) "Electronically transmitted prescription" means a
26prescription that is created, recorded, or stored by

 

 

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1electronic means; issued and validated with an electronic
2signature; and transmitted by electronic means directly from
3the prescriber to a pharmacy. An electronic prescription is
4not an image of a physical prescription that is transferred by
5electronic means from computer to computer, facsimile to
6facsimile, or facsimile to computer.
7    (aa) "Medication therapy management services" means a
8distinct service or group of services offered by licensed
9pharmacists, physicians licensed to practice medicine in all
10its branches, advanced practice registered nurses authorized
11in a written agreement with a physician licensed to practice
12medicine in all its branches, or physician assistants
13authorized in guidelines by a supervising physician that
14optimize therapeutic outcomes for individual patients through
15improved medication use. In a retail or other non-hospital
16pharmacy, medication therapy management services shall consist
17of the evaluation of prescription drug orders and patient
18medication records to resolve conflicts with the following:
19        (1) known allergies;
20        (2) drug or potential therapy contraindications;
21        (3) reasonable dose, duration of use, and route of
22    administration, taking into consideration factors such as
23    age, gender, and contraindications;
24        (4) reasonable directions for use;
25        (5) potential or actual adverse drug reactions;
26        (6) drug-drug interactions;

 

 

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1        (7) drug-food interactions;
2        (8) drug-disease contraindications;
3        (9) identification of therapeutic duplication;
4        (10) patient laboratory values when authorized and
5    available;
6        (11) proper utilization (including over or under
7    utilization) and optimum therapeutic outcomes; and
8        (12) drug abuse and misuse.
9    "Medication therapy management services" includes the
10following:
11        (1) documenting the services delivered and
12    communicating the information provided to patients'
13    prescribers within an appropriate time frame, not to
14    exceed 48 hours;
15        (2) providing patient counseling designed to enhance a
16    patient's understanding and the appropriate use of his or
17    her medications; and
18        (3) providing information, support services, and
19    resources designed to enhance a patient's adherence with
20    his or her prescribed therapeutic regimens.
21    "Medication therapy management services" may also include
22patient care functions authorized by a physician licensed to
23practice medicine in all its branches for his or her
24identified patient or groups of patients under specified
25conditions or limitations in a standing order from the
26physician.

 

 

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1    "Medication therapy management services" in a licensed
2hospital may also include the following:
3        (1) reviewing assessments of the patient's health
4    status; and
5        (2) following protocols of a hospital pharmacy and
6    therapeutics committee with respect to the fulfillment of
7    medication orders.
8    (bb) "Pharmacist care" means the provision by a pharmacist
9of medication therapy management services, with or without the
10dispensing of drugs or devices, intended to achieve outcomes
11that improve patient health, quality of life, and comfort and
12enhance patient safety.
13    (cc) "Protected health information" means individually
14identifiable health information that, except as otherwise
15provided, is:
16        (1) transmitted by electronic media;
17        (2) maintained in any medium set forth in the
18    definition of "electronic media" in the federal Health
19    Insurance Portability and Accountability Act; or
20        (3) transmitted or maintained in any other form or
21    medium.
22    "Protected health information" does not include
23individually identifiable health information found in:
24        (1) education records covered by the federal Family
25    Educational Right and Privacy Act; or
26        (2) employment records held by a licensee in its role

 

 

10300HB0559ham002- 79 -LRB103 04144 SPS 59413 a

1    as an employer.
2    (dd) "Standing order" means a specific order for a patient
3or group of patients issued by a physician licensed to
4practice medicine in all its branches in Illinois.
5    (ee) "Address of record" means the designated address
6recorded by the Department in the applicant's application file
7or licensee's license file maintained by the Department's
8licensure maintenance unit.
9    (ff) "Home pharmacy" means the location of a pharmacy's
10primary operations.
11    (gg) "Email address of record" means the designated email
12address recorded by the Department in the applicant's
13application file or the licensee's license file, as maintained
14by the Department's licensure maintenance unit.
15(Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21;
16102-103, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff.
175-13-22; 102-1051, eff. 1-1-23.)
 
18    (225 ILCS 85/9.6 new)
19    Sec. 9.6. Administration of vaccines and therapeutics by
20registered pharmacy technicians and student pharmacists.
21    (a) Under the supervision of an appropriately trained
22pharmacist, a registered pharmacy technician or student
23pharmacist may administer COVID-19 and influenza vaccines
24subcutaneously, intramuscularly, or orally as authorized,
25approved, or licensed by the United States Food and Drug

 

 

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1Administration, subject to the following conditions:
2        (1) the vaccination must be ordered by the supervising
3    pharmacist;
4        (2) the supervising pharmacist must be readily and
5    immediately available to the immunizing pharmacy
6    technician or student pharmacist;
7        (3) the pharmacy technician or student pharmacist must
8    complete a practical training program that is approved by
9    the Accreditation Council for Pharmacy Education and that
10    includes hands-on injection technique training and
11    training in the recognition and treatment of emergency
12    reactions to vaccines;
13        (4) the pharmacy technician or student pharmacist must
14    have a current certificate in basic cardiopulmonary
15    resuscitation;
16        (5) the pharmacy technician or student pharmacist must
17    complete, during the relevant licensing period, a minimum
18    of 2 hours of immunization-related continuing pharmacy
19    education that is approved by the Accreditation Council
20    for Pharmacy Education;
21        (6) the supervising pharmacist must comply with all
22    relevant recordkeeping and reporting requirements;
23        (7) the supervising pharmacist must be responsible for
24    complying with requirements related to reporting adverse
25    events;
26        (8) the supervising pharmacist must review the vaccine

 

 

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1    registry or other vaccination records prior to ordering
2    the vaccination to be administered by the pharmacy
3    technician or student pharmacist;
4        (9) the pharmacy technician or student pharmacist
5    must, if the patient is 18 years of age or younger, inform
6    the patient and the adult caregiver accompanying the
7    patient of the importance of a well-child visit with a
8    pediatrician or other licensed primary-care provider and
9    must refer patients as appropriate;
10        (10) in the case of a COVID-19 vaccine, the
11    vaccination must be ordered and administered according to
12    the Advisory Committee on Immunization Practices' COVID-19
13    vaccine recommendations;
14        (11) in the case of a COVID-19 vaccine, the
15    supervising pharmacist must comply with any applicable
16    requirements or conditions of use as set forth in the
17    Centers for Disease Control and Prevention COVID-19
18    vaccination provider agreement and any other federal
19    requirements that apply to the administration of COVID-19
20    vaccines being administered; and
21        (12) the registered pharmacy technician or student
22    pharmacist and the supervising pharmacist must comply with
23    all other requirements of this Act and the rules adopted
24    thereunder pertaining to the administration of drugs.
25    (b) Under the supervision of an appropriately trained
26pharmacist, a registered pharmacy technician or student

 

 

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1pharmacist may administer COVID-19 therapeutics
2subcutaneously, intramuscularly, or orally as authorized,
3approved, or licensed by the United States Food and Drug
4Administration, subject to the following conditions:
5        (1) the COVID-19 therapeutic must be authorized,
6    approved or licensed by the United States Food and Drug
7    Administration;
8        (2) the COVID-19 therapeutic must be administered
9    subcutaneously, intramuscularly, or orally in accordance
10    with the United States Food and Drug Administration
11    approval, authorization, or licensing;
12        (3) a pharmacy technician or student pharmacist
13    practicing pursuant to this Section must complete a
14    practical training program that is approved by the
15    Accreditation Council for Pharmacy Education and that
16    includes hands-on injection technique training, clinical
17    evaluation of indications and contraindications of
18    COVID-19 therapeutics training, training in the
19    recognition and treatment of emergency reactions to
20    COVID-19 therapeutics, and any additional training
21    required in the United States Food and Drug Administration
22    approval, authorization, or licensing;
23        (4) the pharmacy technician or student pharmacist must
24    have a current certificate in basic cardiopulmonary
25    resuscitation;
26        (5) the pharmacy technician or student pharmacist must

 

 

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1    comply with any applicable requirements or conditions of
2    use that apply to the administration of COVID-19
3    therapeutics;
4        (6) the supervising pharmacist must comply with all
5    relevant recordkeeping and reporting requirements;
6        (7) the supervising pharmacist must be readily and
7    immediately available to the pharmacy technician or
8    student pharmacist; and
9        (8) the registered pharmacy technician or student
10    pharmacist and the supervising pharmacist must comply with
11    all other requirements of this Act and the rules adopted
12    thereunder pertaining to the administration of drugs.
 
13    Section 55. The Illinois Speech-Language Pathology and
14Audiology Practice Act is amended by changing Section 8.8 as
15follows:
 
16    (225 ILCS 110/8.8)
17    (Section scheduled to be repealed on January 1, 2028)
18    Sec. 8.8. Supervision of speech-language pathology
19assistants.
20    (a) A speech-language pathology assistant shall practice
21only under the supervision of a speech-language pathologist
22who has at least 2 years experience in addition to the
23supervised professional experience required under subsection
24(f) of Section 8 of this Act. A speech-language pathologist

 

 

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1who supervises a speech-language pathology assistant (i) must
2have completed at least 6 clock hours of training in
3supervision related to speech-language pathology, and (ii)
4must complete at least 2 clock hours of continuing education
5in supervision related to speech-language pathology in each
6new licensing cycle after completion of the initial training
7required under item (i). The Department shall promulgate rules
8describing the supervision training requirements. The rules
9may allow a speech-language pathologist to apply to the Board
10for an exemption from this training requirement based upon
11prior supervisory experience.
12    (b) A speech-language pathology assistant must be under
13the direct supervision of a speech-language pathologist at
14least 30% of the speech-language pathology assistant's actual
15patient or client contact time per patient or client during
16the first 90 days of initial employment as a speech-language
17pathology assistant. Thereafter, a speech-language pathology
18assistant must be under the direct supervision of a
19speech-language pathologist at least 20% of the
20speech-language pathology assistant's actual patient or client
21contact time per patient or client. Supervision of a
22speech-language pathology assistant beyond the minimum
23requirements of this subsection may be imposed at the
24discretion of the supervising speech-language pathologist. A
25supervising speech-language pathologist must be available to
26communicate with a speech-language pathology assistant

 

 

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1whenever the assistant is in contact with a patient or client.
2    (c) A speech-language pathologist that supervises a
3speech-language pathology assistant must document direct
4supervision activities. At a minimum, supervision
5documentation must provide (i) information regarding the
6quality of the speech-language pathology assistant's
7performance of assigned duties, and (ii) verification that
8clinical activity is limited to duties specified in Section
98.7.
10    (d) A full-time speech-language pathologist may supervise
11no more than 2 speech-language pathology assistants. A
12speech-language pathologist that does not work full-time may
13supervise no more than one speech-language pathology
14assistant.
15    (e) For purposes of this Section, "direct supervision"
16means on-site, in-view observation and guidance by a
17speech-language pathologist while an assigned activity is
18performed by the speech-language pathology assistant or
19supervision by a speech-language pathologist by way of video
20conferencing technology during telehealth practice.
21(Source: P.A. 100-530, eff. 1-1-18.)
 
22    Section 60. The Illinois Public Aid Code is amended by
23adding Section 5-5.12f as follows:
 
24    (305 ILCS 5/5-5.12f new)

 

 

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1    Sec. 5-5.12f. Coverage of pharmacy testing, screening,
2vaccinations, and treatment.
3    (a) Subject to approval by the federal Centers for
4Medicare and Medicaid Services, the medical assistance
5program, including both the fee-for-service and managed care
6medical assistance programs established under this Article,
7shall cover services rendered under paragraph (15), (16), or
8(17) of subsection (d) of Section 3 of the Pharmacy Practice
9Act.
10    (b) The Department shall establish a fee schedule for
11services rendered under paragraph (15), (16), or (17) of
12subsection (d) of Section 3 of the Pharmacy Practice Act.
13    (c) The rate of reimbursement for services rendered under
14paragraph (15), (16), or (17) of subsection (d) of Section 3 of
15the Pharmacy Practice Act shall be at 85% of the fee schedule
16for physician services under the medical assistance program.
17    (d) A pharmacist must be enrolled in the medical
18assistance program as an ordering and referring provider prior
19to providing services rendered pursuant to paragraph (15),
20(16), or (17) of subsection (d) of Section 3 of the Pharmacy
21Practice Act that is submitted by a pharmacy or pharmacist
22provider for reimbursement pursuant to this Section.
23    (e) The Department shall apply for any necessary federal
24waivers or approvals to implement this Section by January 1,
252024.
26    (f) This Section does not restrict or prohibit any

 

 

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1services currently provided by pharmacists as authorized by
2law, including, but not limited to, pharmacist services
3provided under this Code or authorized under the Illinois
4Title XIX State Plan.
5    (g) The Department shall submit to the Joint Committee on
6Administrative Rules a rulemaking proposal to implement this
7Section as soon as practicable but no later than 6 months after
8federal approval is received.
 
9    Section 65. The Radiation Protection Act of 1990 is
10amended by changing Section 7a as follows:
 
11    (420 ILCS 40/7a)  (from Ch. 111 1/2, par. 210-7a)
12    (Section scheduled to be repealed on January 1, 2027)
13    Sec. 7a. Certification of industrial radiographers.
14    (a) Beginning January 1, 1993, no person may perform
15industrial radiography unless he or she is certified by the
16Department of Nuclear Safety or its successor, the Illinois
17Emergency Management Agency, to perform industrial
18radiography. The Agency shall promulgate regulations
19establishing standards and procedures for certification of
20industrial radiographers. The regulations may include, without
21limitation, provisions specifying a minimum course of study
22and requiring that individuals seeking certification pass an
23examination administered or approved by the Agency. Industrial
24radiography certification shall be valid for 5 years, except

 

 

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1that certifications for industrial radiography trainees shall
2be valid for 2 years or shall be extended pursuant to
3subsection (e) of this Section. The Agency shall establish by
4regulation standards and procedures for renewal of
5certification. The regulations shall provide that
6certification for industrial radiography trainees shall be
7nonrenewable.
8    (b) The regulations of the Department of Nuclear Safety,
9as the predecessor agency of the Illinois Emergency Management
10Agency, shall provide for provisional certification of persons
11who performed industrial radiography before January 1, 1993.
12In order to obtain provisional certification, the industrial
13radiographer must apply to the Department no later than
14January 1, 1993. Provisional certification shall be valid for
152 years, except for those certifications extended pursuant to
16subsection (e) of this Section, provided that a person who has
17obtained a provisional certification must take an examination
18that is administered or approved by the Department within 12
19months of the date on which the provisional certification was
20issued. Upon passing the examination, the Department shall
21certify the individual as an industrial radiographer.
22Provisional certification shall be nonrenewable.
23    (c) The Agency may, by regulation, assess certification
24fees and fees to recover the cost of examining applicants for
25certification.
26    (d) The Agency may suspend or revoke the certification of

 

 

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