Rep. Bob Morgan

Filed: 3/21/2023

 

 


 

 


 
10300HB0559ham003LRB103 04144 SPS 59697 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

 

 

10300HB0559ham003- 2 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 3 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 4 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 5 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 6 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 7 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 8 -LRB103 04144 SPS 59697 a

1    (f) The Department shall by rule establish procedures for
2disclosure of information to the public, which shall include,
3but not be limited to, ownership, licensure status, frequency
4of complaints, disposition of substantiated complaints, and
5disciplinary actions.
6    (g) (Blank).
7    (h) Beginning January 1, 2000, the Department shall begin
8drafting rules necessary for the administration of this Act.
9(Source: P.A. 96-975, eff. 7-2-10.)
 
10    Section 15. The Nursing Home Care Act is amended by
11changing Sections 3-102.2, 3-116, 3-702, 3-102.2, 3-202.5,
123-202.6, 3-206, and 3-702 as follows:
 
13    (210 ILCS 45/3-102.2)
14    Sec. 3-102.2. Supported congregate living arrangement
15demonstration. The Illinois Department may grant no more than
163 waivers from the requirements of this Act for facilities
17participating in the supported congregate living arrangement
18demonstration. A joint waiver request must be made by an
19applicant and the Department on Aging. If the Department on
20Aging does not act upon an application within 60 days, the
21applicant may submit a written waiver request on its own
22behalf. The waiver request must include a specific program
23plan describing the types of residents to be served and the
24services that will be provided in the facility. The Department

 

 

10300HB0559ham003- 9 -LRB103 04144 SPS 59697 a

1shall conduct an on-site review at each facility annually or
2as often as necessary to ascertain compliance with the program
3plan, except that, during a statewide public health emergency,
4as defined in the Illinois Emergency Management Agency Act,
5the Department shall conduct on-site reviews and annual
6unannounced on-site visits to the extent feasible. The
7Department may revoke the waiver if it determines that the
8facility is not in compliance with the program plan. Nothing
9in this Section prohibits the Department from conducting
10complaint investigations.
11     A facility granted a waiver under this Section is not
12subject to the Illinois Health Facilities Planning Act, unless
13it subsequently applies for a certificate of need to convert
14to a nursing facility. A facility applying for conversion
15shall meet the licensure and certificate of need requirements
16in effect as of the date of application, and this provision may
17not be waived.
18(Source: P.A. 89-530, eff. 7-19-96.)
 
19    (210 ILCS 45/3-116)  (from Ch. 111 1/2, par. 4153-116)
20    Sec. 3-116. If the applicant has not been previously
21licensed or if the facility is not in operation at the time
22application is made, the Department shall issue only a
23probationary license. A probationary license shall be valid
24for 120 days unless sooner suspended or revoked under Section
253-119. Within 30 days prior to the termination of a

 

 

10300HB0559ham003- 10 -LRB103 04144 SPS 59697 a

1probationary license, the Department shall fully and
2completely inspect the facility and, if the facility meets the
3applicable requirements for licensure, shall issue a license
4under Section 3-109, except that, during a statewide public
5health emergency, as defined in the Illinois Emergency
6Management Agency Act, the Department shall fully and
7completely inspect the establishment within appropriate time
8frames to the extent feasible. If the Department finds that
9the facility does not meet the requirements for licensure but
10has made substantial progress toward meeting those
11requirements, the license may be renewed once for a period not
12to exceed 120 days from the expiration date of the initial
13probationary license.
14(Source: P.A. 81-223.)
 
15    (210 ILCS 45/3-202.5)
16    Sec. 3-202.5. Facility plan review; fees.
17    (a) Before commencing construction of a new facility or
18specified types of alteration or additions to an existing long
19term care facility involving major construction, as defined by
20rule by the Department, with an estimated cost greater than
21$100,000, architectural drawings and specifications for the
22facility shall be submitted to the Department for review and
23approval. A facility may submit architectural drawings and
24specifications for other construction projects for Department
25review according to subsection (b) that shall not be subject

 

 

10300HB0559ham003- 11 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 12 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 13 -LRB103 04144 SPS 59697 a

1survey based upon the facility's physical structure if:
2        (1) the Department reviewed and approved or deemed
3    approved the drawings and specifications for compliance
4    with design and construction standards;
5        (2) the construction, major alteration, or addition
6    was built as submitted;
7        (3) the law or rules have not been amended since the
8    original approval; and
9        (4) the conditions at the facility indicate that there
10    is a reasonable degree of safety provided for the
11    residents.
12    (d) The Department shall charge the following fees in
13connection with its reviews conducted before June 30, 2004
14under this Section:
15        (1) (Blank).
16        (2) (Blank).
17        (3) If the estimated dollar value of the alteration,
18    addition, or new construction is $100,000 or more but less
19    than $500,000, the fee shall be the greater of $2,400 or
20    1.2% of that value.
21        (4) If the estimated dollar value of the alteration,
22    addition, or new construction is $500,000 or more but less
23    than $1,000,000, the fee shall be the greater of $6,000 or
24    0.96% of that value.
25        (5) If the estimated dollar value of the alteration,
26    addition, or new construction is $1,000,000 or more but

 

 

10300HB0559ham003- 14 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 15 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 16 -LRB103 04144 SPS 59697 a

1feasible. The Department shall provide written approval for
2occupancy to the applicant within 5 working days of the
3Department's final inspection, provided the applicant has
4demonstrated substantial compliance as defined by Department
5rule. Occupancy of new major construction is prohibited until
6Department approval is received, unless the Department has not
7acted within the time frames provided in this subsection (g),
8in which case the construction shall be deemed approved.
9Occupancy shall be authorized after any required health
10inspection by the Department has been conducted.
11    (h) The Department shall establish, by rule, a procedure
12to conduct interim on-site review of large or complex
13construction projects.
14    (i) The Department shall establish, by rule, an expedited
15process for emergency repairs or replacement of like
16equipment.
17    (j) Nothing in this Section shall be construed to apply to
18maintenance, upkeep, or renovation that does not affect the
19structural integrity of the building, does not add beds or
20services over the number for which the long-term care facility
21is licensed, and provides a reasonable degree of safety for
22the residents.
23(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
 
24    (210 ILCS 45/3-202.6)
25    Sec. 3-202.6. Department of Veterans' Affairs facility

 

 

10300HB0559ham003- 17 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 18 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 19 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 20 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 21 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 22 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 23 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 24 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 25 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 26 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 27 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 28 -LRB103 04144 SPS 59697 a

1be assumed to meet competency standards and may continue to be
2employed as a certified nurse assistant when the pandemic ends
3and the Executive Orders or emergency rules lapse. Such
4individuals shall be listed on the Department's Health Care
5Worker Registry website as "active".
6(Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17;
7100-863, eff. 8-14-18; 101-655, eff. 3-12-21.)
 
8    (210 ILCS 45/3-702)  (from Ch. 111 1/2, par. 4153-702)
9    Sec. 3-702. (a) A person who believes that this Act or a
10rule promulgated under this Act may have been violated may
11request an investigation. The request may be submitted to the
12Department in writing, by telephone, by electronic means, or
13by personal visit. An oral complaint shall be reduced to
14writing by the Department. The Department shall make
15available, through its website and upon request, information
16regarding the oral and phone intake processes and the list of
17questions that will be asked of the complainant. The
18Department shall request information identifying the
19complainant, including the name, address, and telephone
20number, to help enable appropriate follow-up. The Department
21shall act on such complaints via on-site visits or other
22methods deemed appropriate to handle the complaints with or
23without such identifying information, as otherwise provided
24under this Section. The complainant shall be informed that
25compliance with such request is not required to satisfy the

 

 

10300HB0559ham003- 29 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 30 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 31 -LRB103 04144 SPS 59697 a

1and the complainant may direct the Department to send a copy of
2such findings to another person. The Department's findings may
3include comments or documentation provided by either the
4complainant or the licensee pertaining to the complaint. The
5Department shall also notify the facility of such findings
6within 10 days of the determination, but the name of the
7complainant or residents shall not be disclosed in this notice
8to the facility. The notice of such findings shall include a
9copy of the written determination; the correction order, if
10any; the warning notice, if any; the inspection report; or the
11State licensure form on which the violation is listed.
12    (f) A written determination, correction order, or warning
13notice concerning a complaint, together with the facility's
14response, shall be available for public inspection, but the
15name of the complainant or resident shall not be disclosed
16without his consent.
17    (g) A complainant who is dissatisfied with the
18determination or investigation by the Department may request a
19hearing under Section 3-703. The facility shall be given
20notice of any such hearing and may participate in the hearing
21as a party. If a facility requests a hearing under Section
223-703 which concerns a matter covered by a complaint, the
23complainant shall be given notice and may participate in the
24hearing as a party. A request for a hearing by either a
25complainant or a facility shall be submitted in writing to the
26Department within 30 days after the mailing of the

 

 

10300HB0559ham003- 32 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 33 -LRB103 04144 SPS 59697 a

1    Department employment;
2        (11) the average length of tenure for nurse surveyors
3    employed by the Department at the time the report is
4    created;
5        (12) the total number of times the Department imposed
6    discretionary denial of payment within 15 days of notice
7    and within 2 days of notice as well as the number of times
8    the discretionary denial of payment took effect; and
9        (13) any other complaint information requested by the
10    Long-Term Care Facility Advisory Board created under
11    Section 2-204 of this Act or the Illinois Long-Term Care
12    Council created under Section 4.04a of the Illinois Act on
13    the Aging.
14    This report shall be provided to the Long-Term Care
15Facility Advisory Board, the Illinois Long-Term Care Council,
16and the General Assembly. The Long-Term Care Facility Advisory
17Board and the Illinois Long-Term Care Council shall review the
18report and suggest any changes deemed necessary to the
19Department for review and action, including how to investigate
20and substantiate anonymous complaints.
21    (h) Any person who knowingly transmits a false report to
22the Department commits the offense of disorderly conduct under
23subsection (a)(8) of Section 26-1 of the Criminal Code of
242012.
25(Source: P.A. 102-432, eff. 8-20-21; 102-947, eff. 1-1-23;
26revised 12-9-22.)
 

 

 

10300HB0559ham003- 34 -LRB103 04144 SPS 59697 a

1    Section 20. The MC/DD Act is amended by changing Sections
23-116, 3-202.5, and 3-702 as follows:
 
3    (210 ILCS 46/3-116)
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. Within 30 days prior to the
10termination of a probationary license, the Department shall
11fully and completely inspect the facility and, if the facility
12meets the applicable requirements for licensure, shall issue a
13license under Section 3-109, except that, during a statewide
14public health emergency, as defined in the Illinois Emergency
15Management Agency Act, the Department shall inspect facilities
16within an appropriate time frame to the extent feasible. If
17the Department finds that the facility does not meet the
18requirements for licensure but has made substantial progress
19toward meeting those requirements, the license may be renewed
20once for a period not to exceed 120 days from the expiration
21date of the initial probationary license.
22(Source: P.A. 99-180, eff. 7-29-15.)
 
23    (210 ILCS 46/3-202.5)

 

 

10300HB0559ham003- 35 -LRB103 04144 SPS 59697 a

1    Sec. 3-202.5. Facility plan review; fees.
2    (a) Before commencing construction of a new facility or
3specified types of alteration or additions to an existing
4facility involving major construction, as defined by rule by
5the Department, with an estimated cost greater than $100,000,
6architectural drawings and specifications for the facility
7shall be submitted to the Department for review and approval.
8A facility may submit architectural drawings and
9specifications for other construction projects for Department
10review according to subsection (b) that shall not be subject
11to fees under subsection (d). Review of drawings and
12specifications shall be conducted by an employee of the
13Department meeting the qualifications established by the
14Department of Central Management Services class specifications
15for such an individual's position or by a person contracting
16with the Department who meets those class specifications.
17Final approval of the drawings and specifications for
18compliance with design and construction standards shall be
19obtained from the Department before the alteration, addition,
20or new construction is begun.
21    (b) The Department shall inform an applicant in writing
22within 10 working days after receiving drawings and
23specifications and the required fee, if any, from the
24applicant whether the applicant's submission is complete or
25incomplete. Failure to provide the applicant with this notice
26within 10 working days shall result in the submission being

 

 

10300HB0559ham003- 36 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 37 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 38 -LRB103 04144 SPS 59697 a

1costs of conducting reviews under this Section, under Section
23-202.5 of the Nursing Home Care Act, or under Section 3-202.5
3of the ID/DD Community Care Act. None of the moneys in the
4Health Facility Plan Review Fund shall be used to reduce the
5amount of General Revenue Fund moneys appropriated to the
6Department for facility plan reviews conducted pursuant to
7this Section.
8    (f) (Blank).
9    (g) The Department shall conduct an on site inspection of
10the completed project no later than 30 days after notification
11from the applicant that the project has been completed and all
12certifications required by the Department have been received
13and accepted by the Department, except that, during a
14statewide public health emergency, as defined in the Illinois
15Emergency Management Agency Act, the Department shall conduct
16an on-site inspection to the extent feasible. The Department
17shall provide written approval for occupancy to the applicant
18within 5 working days of the Department's final inspection,
19provided the applicant has demonstrated substantial compliance
20as defined by Department rule. Occupancy of new major
21construction is prohibited until Department approval is
22received, unless the Department has not acted within the time
23frames provided in this subsection (g), in which case the
24construction shall be deemed approved. Occupancy shall be
25authorized after any required health inspection by the
26Department has been conducted.

 

 

10300HB0559ham003- 39 -LRB103 04144 SPS 59697 a

1    (h) The Department shall establish, by rule, a procedure
2to conduct interim on site review of large or complex
3construction projects.
4    (i) The Department shall establish, by rule, an expedited
5process for emergency repairs or replacement of like
6equipment.
7    (j) Nothing in this Section shall be construed to apply to
8maintenance, upkeep, or renovation that does not affect the
9structural integrity of the building, does not add beds or
10services over the number for which the facility is licensed,
11and provides a reasonable degree of safety for the residents.
12(Source: P.A. 99-180, eff. 7-29-15.)
 
13    (210 ILCS 46/3-702)
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,

 

 

10300HB0559ham003- 40 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 41 -LRB103 04144 SPS 59697 a

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.

 

 

10300HB0559ham003- 42 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 43 -LRB103 04144 SPS 59697 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. 99-180, eff. 7-29-15.)
 
23    Section 25. The ID/DD Community Care Act is amended by
24changing Sections 3-116, 3-206, and 3-702 as follows:
 

 

 

10300HB0559ham003- 44 -LRB103 04144 SPS 59697 a

1    (210 ILCS 47/3-116)
2    Sec. 3-116. Probationary license. If the applicant has not
3been previously licensed or if the facility is not in
4operation at the time application is made, the Department
5shall issue only a probationary license. A probationary
6license shall be valid for 120 days unless sooner suspended or
7revoked under Section 3-119. Within 30 days prior to the
8termination of a probationary license, the Department shall
9fully and completely inspect the facility and, if the facility
10meets the applicable requirements for licensure, shall issue a
11license under Section 3-109 except that, during a statewide
12public health emergency, as defined in the Illinois Emergency
13Management Agency Act, the Department shall inspect facilities
14within an appropriate time frame to the extent feasible. If
15the Department finds that the facility does not meet the
16requirements for licensure but has made substantial progress
17toward meeting those requirements, the license may be renewed
18once for a period not to exceed 120 days from the expiration
19date of the initial probationary license.
20(Source: P.A. 96-339, eff. 7-1-10.)
 
21    (210 ILCS 47/3-206)
22    Sec. 3-206. Curriculum for training nursing assistants and
23aides. The Department shall prescribe a curriculum for
24training nursing assistants, habilitation aides, and child
25care aides.

 

 

10300HB0559ham003- 45 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 46 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 47 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 48 -LRB103 04144 SPS 59697 a

1the Health Care Worker Background Check Act and submit all
2necessary information. An individual may not newly be included
3on the Health Care Worker Registry unless a criminal history
4record check has been conducted with respect to the
5individual.
6    (b) Persons subject to this Section shall perform their
7duties under the supervision of a licensed nurse or other
8appropriately trained, licensed, or certified personnel.
9    (c) It is unlawful for any facility to employ any person in
10the capacity of nursing assistant, habilitation aide, or child
11care aide, or under any other title, not licensed by the State
12of Illinois to assist in the personal, medical, or nursing
13care of residents in such facility unless such person has
14complied with this Section.
15    (d) Proof of compliance by each employee with the
16requirements set out in this Section shall be maintained for
17each such employee by each facility in the individual
18personnel folder of the employee. Proof of training shall be
19obtained only from the Health Care Worker Registry.
20    (e) Each facility shall obtain access to the Health Care
21Worker Registry's web application, maintain the employment and
22demographic information relating to each employee, and verify
23by the category and type of employment that each employee
24subject to this Section meets all the requirements of this
25Section.
26    (f) Any facility that is operated under Section 3-803

 

 

10300HB0559ham003- 49 -LRB103 04144 SPS 59697 a

1shall be exempt from the requirements of this Section.
2    (g) Each skilled nursing and intermediate care facility
3that admits persons who are diagnosed as having Alzheimer's
4disease or related dementias shall require all nursing
5assistants, habilitation aides, or child care aides, who did
6not receive 12 hours of training in the care and treatment of
7such residents during the training required under paragraph
8(5) of subsection (a), to obtain 12 hours of in house training
9in the care and treatment of such residents. If the facility
10does not provide the training in house, the training shall be
11obtained from other facilities, community colleges or other
12educational institutions that have a recognized course for
13such training. The Department shall, by rule, establish a
14recognized course for such training.
15    The Department's rules shall provide that such training
16may be conducted in house at each facility subject to the
17requirements of this subsection, in which case such training
18shall be monitored by the Department. The Department's rules
19shall also provide for circumstances and procedures whereby
20any person who has received training that meets the
21requirements of this subsection shall not be required to
22undergo additional training if he or she is transferred to or
23obtains employment at a different facility or a facility other
24than those licensed under this Act but remains continuously
25employed as a nursing assistant, habilitation aide, or child
26care aide. Individuals who have performed no nursing,

 

 

10300HB0559ham003- 50 -LRB103 04144 SPS 59697 a

1nursing-related services, or habilitation services for a
2period of 24 consecutive months shall be listed as inactive
3and as such do not meet the requirements of this Section.
4Licensed sheltered care facilities shall be exempt from the
5requirements of this Section.
6(Source: P.A. 100-432, eff. 8-25-17.)
 
7    (210 ILCS 47/3-702)
8    Sec. 3-702. Request for investigation of violation.
9    (a) A person who believes that this Act or a rule
10promulgated under this Act may have been violated may request
11an investigation. The request may be submitted to the
12Department in writing, by telephone, by electronic means, or
13by personal visit. An oral complaint shall be reduced to
14writing by the Department. The Department shall make
15available, through its website and upon request, information
16regarding the oral and phone intake processes and the list of
17questions that will be asked of the complainant. The
18Department shall request information identifying the
19complainant, including the name, address and telephone number,
20to help enable appropriate follow up. The Department shall act
21on such complaints via on-site visits or other methods deemed
22appropriate to handle the complaints with or without such
23identifying information, as otherwise provided under this
24Section. The complainant shall be informed that compliance
25with such request is not required to satisfy the procedures

 

 

10300HB0559ham003- 51 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 52 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 53 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 54 -LRB103 04144 SPS 59697 a

1    (g-5) The Department shall conduct an annual review and
2make a report concerning the complaint process that includes
3the number of complaints received, the breakdown of anonymous
4and non-anonymous complaints and whether the complaints were
5substantiated or not, the total number of substantiated
6complaints, and any other complaint information requested by
7the DD Facility Advisory Board. This report shall be provided
8to the DD Facility Advisory Board. The DD Facility Advisory
9Board shall review the report and suggest any changes deemed
10necessary to the Department for review and action, including
11how to investigate and substantiate anonymous complaints.
12    (h) Any person who knowingly transmits a false report to
13the Department commits the offense of disorderly conduct under
14subsection (a)(8) of Section 26-1 of the Criminal Code of
152012.
16(Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14.)
 
17    Section 30. The Specialized Mental Health Rehabilitation
18Act of 2013 is amended by changing Section 4-105 as follows:
 
19    (210 ILCS 49/4-105)
20    Sec. 4-105. Provisional licensure duration. A provisional
21license shall be valid upon fulfilling the requirements
22established by the Department by emergency rule. The license
23shall remain valid as long as a facility remains in compliance
24with the licensure provisions established in rule. Provisional

 

 

10300HB0559ham003- 55 -LRB103 04144 SPS 59697 a

1licenses issued upon initial licensure as a specialized mental
2health rehabilitation facility shall expire at the end of a
33-year period, which commences on the date the provisional
4license is issued. Issuance of a provisional license for any
5reason other than initial licensure (including, but not
6limited to, change of ownership, location, number of beds, or
7services) shall not extend the maximum 3-year period, at the
8end of which a facility must be licensed pursuant to Section
94-201. An extension for 120 days may be granted if requested
10and approved by the Department. Notwithstanding any other
11provision of this Act or the Specialized Mental Health
12Rehabilitation Facilities Code, 77 Ill. Adm. Admin. Code 380,
13to the contrary, if a facility has received notice from the
14Department that its application for provisional licensure to
15provide recovery and rehabilitation services has been accepted
16as complete and the facility has attested in writing to the
17Department that it will comply with the staff training plan
18approved by the Division of Mental Health, then a provisional
19license for recovery and rehabilitation services shall be
20issued to the facility within 60 days after the Department
21determines that the facility is in compliance with the
22requirements of the Life Safety Code in accordance with
23Section 4-104.5 of this Act.
24(Source: P.A. 99-712, eff. 8-5-16; 100-365, eff. 8-25-17;
25revised 2-28-22.)
 

 

 

10300HB0559ham003- 56 -LRB103 04144 SPS 59697 a

1    Section 35. The Illinois Insurance Code is amended by
2adding Section 356z.61 as follows:
 
3    (215 ILCS 5/356z.61 new)
4    Sec. 356z.61. Coverage of pharmacy testing, screening,
5vaccinations, and treatment.
6    A group or individual policy of accident and health
7insurance or a managed care plan that is amended, delivered,
8issued, or renewed on or after January 1, 2025 shall provide
9coverage for health care or patient care services provided by
10a pharmacist if:
11        (1) the pharmacist meets the requirements and scope of
12    practice described in paragraph (15), (16), or (17) of
13    subsection (d) of Section 3 of the Pharmacy Practice Act;
14        (2) the health plan provides coverage for the same
15    service provided by a licensed physician, an advanced
16    practice registered nurse, or a physician assistant;
17        (3) the pharmacist is included in the health benefit
18    plan's network of participating providers; and
19        (4) reimbursement has been successfully negotiated in
20    good faith between the pharmacist and the health plan.
 
21    Section 45. The Medical Practice Act of 1987 is amended by
22changing Sections 2 and 54.2 as follows:
 
23    (225 ILCS 60/2)  (from Ch. 111, par. 4400-2)

 

 

10300HB0559ham003- 57 -LRB103 04144 SPS 59697 a

1    (Section scheduled to be repealed on January 1, 2027)
2    Sec. 2. Definitions. For purposes of this Act, the
3following definitions shall have the following meanings,
4except where the context requires otherwise:
5    "Act" means the Medical Practice Act of 1987.
6    "Address of record" means the designated address recorded
7by the Department in the applicant's or licensee's application
8file or license file as maintained by the Department's
9licensure maintenance unit.
10    "Chiropractic physician" means a person licensed to treat
11human ailments without the use of drugs and without operative
12surgery. Nothing in this Act shall be construed to prohibit a
13chiropractic physician from providing advice regarding the use
14of non-prescription products or from administering atmospheric
15oxygen. Nothing in this Act shall be construed to authorize a
16chiropractic physician to prescribe drugs.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Disciplinary action" means revocation, suspension,
20probation, supervision, practice modification, reprimand,
21required education, fines or any other action taken by the
22Department against a person holding a license.
23    "Email address of record" means the designated email
24address recorded by the Department in the applicant's
25application file or the licensee's license file, as maintained
26by the Department's licensure maintenance unit.

 

 

10300HB0559ham003- 58 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 59 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 60 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 61 -LRB103 04144 SPS 59697 a

1or treatment.
2    (f) Nothing in this Act shall be construed to limit the
3method of delegation that may be authorized by any means,
4including, but not limited to, oral, written, electronic,
5standing orders, protocols, guidelines, or verbal orders.
6    (g) A physician licensed to practice medicine in all of
7its branches under this Act may delegate any and all authority
8prescribed to him or her by law to international medical
9graduate physicians, so long as the tasks or duties are within
10the scope of practice, education, training, or experience of
11the delegating physician who is on site to provide assistance.
12An international medical graduate working in Illinois pursuant
13to this subsection is subject to all statutory and regulatory
14requirements of this Act, as applicable, relating to the
15standards of care. An international medical graduate physician
16is limited to providing treatment under the supervision of a
17physician licensed to practice medicine in all of its
18branches. The supervising physician or employer must keep
19record of and make available upon request by the Department
20the following: (1) evidence of education certified by the
21Educational Commission for Foreign Medical Graduates; (2)
22evidence of passage of Step 1, Step 2 Clinical Knowledge, and
23Step 3 of the United States Medical Licensing Examination as
24required by this Act; and (3) evidence of an unencumbered
25license from another country. This subsection does not apply
26to any international medical graduate whose license as a

 

 

10300HB0559ham003- 62 -LRB103 04144 SPS 59697 a

1physician is revoked, suspended, or otherwise encumbered.
2(Source: P.A. 100-513, eff. 1-1-18.)
 
3    Section 50. The Pharmacy Practice Act is amended by
4changing Section 3 and by adding Section 9.6 as follows:
 
5    (225 ILCS 85/3)
6    (Section scheduled to be repealed on January 1, 2028)
7    Sec. 3. Definitions. For the purpose of this Act, except
8where otherwise limited therein:
9    (a) "Pharmacy" or "drugstore" means and includes every
10store, shop, pharmacy department, or other place where
11pharmacist care is provided by a pharmacist (1) where drugs,
12medicines, or poisons are dispensed, sold or offered for sale
13at retail, or displayed for sale at retail; or (2) where
14prescriptions of physicians, dentists, advanced practice
15registered nurses, physician assistants, veterinarians,
16podiatric physicians, or optometrists, within the limits of
17their licenses, are compounded, filled, or dispensed; or (3)
18which has upon it or displayed within it, or affixed to or used
19in connection with it, a sign bearing the word or words
20"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
21"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
22"Drugs", "Dispensary", "Medicines", or any word or words of
23similar or like import, either in the English language or any
24other language; or (4) where the characteristic prescription

 

 

10300HB0559ham003- 63 -LRB103 04144 SPS 59697 a

1sign (Rx) or similar design is exhibited; or (5) any store, or
2shop, or other place with respect to which any of the above
3words, objects, signs or designs are used in any
4advertisement.
5    (b) "Drugs" means and includes (1) articles recognized in
6the official United States Pharmacopoeia/National Formulary
7(USP/NF), or any supplement thereto and being intended for and
8having for their main use the diagnosis, cure, mitigation,
9treatment or prevention of disease in man or other animals, as
10approved by the United States Food and Drug Administration,
11but does not include devices or their components, parts, or
12accessories; and (2) all other articles intended for and
13having for their main use the diagnosis, cure, mitigation,
14treatment or prevention of disease in man or other animals, as
15approved by the United States Food and Drug Administration,
16but does not include devices or their components, parts, or
17accessories; and (3) articles (other than food) having for
18their main use and intended to affect the structure or any
19function of the body of man or other animals; and (4) articles
20having for their main use and intended for use as a component
21or any articles specified in clause (1), (2) or (3); but does
22not include devices or their components, parts or accessories.
23    (c) "Medicines" means and includes all drugs intended for
24human or veterinary use approved by the United States Food and
25Drug Administration.
26    (d) "Practice of pharmacy" means:

 

 

10300HB0559ham003- 64 -LRB103 04144 SPS 59697 a

1        (1) the interpretation and the provision of assistance
2    in the monitoring, evaluation, and implementation of
3    prescription drug orders;
4        (2) the dispensing of prescription drug orders;
5        (3) participation in drug and device selection;
6        (4) drug administration limited to the administration
7    of oral, topical, injectable, and inhalation as follows:
8            (A) in the context of patient education on the
9        proper use or delivery of medications;
10            (B) vaccination of patients 7 years of age and
11        older pursuant to a valid prescription or standing
12        order, by a physician licensed to practice medicine in
13        all its branches, except for vaccinations covered by
14        paragraph (15), upon completion of appropriate
15        training, including how to address contraindications
16        and adverse reactions set forth by rule, with
17        notification to the patient's physician and
18        appropriate record retention, or pursuant to hospital
19        pharmacy and therapeutics committee policies and
20        procedures. Eligible vaccines are those listed on the
21        U.S. Centers for Disease Control and Prevention (CDC)
22        Recommended Immunization Schedule, the CDC's Health
23        Information for International Travel, or the U.S. Food
24        and Drug Administration's Vaccines Licensed and
25        Authorized for Use in the United States. As applicable
26        to the State's Medicaid program and other payers,

 

 

10300HB0559ham003- 65 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 66 -LRB103 04144 SPS 59697 a

1        rule, with notification to the patient's physician and
2        appropriate record retention, or pursuant to hospital
3        pharmacy and therapeutics committee policies and
4        procedures; and
5            (D) administration of injections of long-term
6        antipsychotic medications pursuant to a valid
7        prescription by a physician licensed to practice
8        medicine in all its branches, upon completion of
9        appropriate training conducted by an Accreditation
10        Council of Pharmaceutical Education accredited
11        provider, including how to address contraindications
12        and adverse reactions set forth by rule, with
13        notification to the patient's physician and
14        appropriate record retention, or pursuant to hospital
15        pharmacy and therapeutics committee policies and
16        procedures.
17        (5) (blank);
18        (6) drug regimen review;
19        (7) drug or drug-related research;
20        (8) the provision of patient counseling;
21        (9) the practice of telepharmacy;
22        (10) the provision of those acts or services necessary
23    to provide pharmacist care;
24        (11) medication therapy management;
25        (12) the responsibility for compounding and labeling
26    of drugs and devices (except labeling by a manufacturer,

 

 

10300HB0559ham003- 67 -LRB103 04144 SPS 59697 a

1    repackager, or distributor of non-prescription drugs and
2    commercially packaged legend drugs and devices), proper
3    and safe storage of drugs and devices, and maintenance of
4    required records;
5        (13) the assessment and consultation of patients and
6    dispensing of hormonal contraceptives; and
7        (14) the initiation, dispensing, or administration of
8    drugs, laboratory tests, assessments, referrals, and
9    consultations for human immunodeficiency virus
10    pre-exposure prophylaxis and human immunodeficiency virus
11    post-exposure prophylaxis under Section 43.5; .
12        (15) vaccination of patients 7 years of age and older
13    for COVID-19 or influenza subcutaneously, intramuscularly,
14    or orally as authorized, approved, or licensed by the
15    United States Food and Drug Administration, pursuant to
16    the following conditions:
17            (A) the vaccine must be authorized or licensed by
18        the United States Food and Drug Administration;
19            (B) the vaccine must be ordered and administered
20        according to the Advisory Committee on Immunization
21        Practices standard immunization schedule;
22            (C) the pharmacist must complete a course of
23        training accredited by the Accreditation Council on
24        Pharmacy Education or a similar health authority or
25        professional body approved by the Division of
26        Professional Regulation;

 

 

10300HB0559ham003- 68 -LRB103 04144 SPS 59697 a

1            (D) the pharmacist must have a current certificate
2        in basic cardiopulmonary resuscitation;
3            (E) the pharmacist must complete, during each
4        State licensing period, a minimum of 2 hours of
5        immunization-related continuing pharmacy education
6        approved by the Accreditation Council on Pharmacy
7        Education;
8            (F) the pharmacist must comply with recordkeeping
9        and reporting requirements of the jurisdiction in
10        which the pharmacist administers vaccines, including
11        informing the patient's primary-care provider, when
12        available, and complying with requirements whereby the
13        person administering a vaccine must review the vaccine
14        registry or other vaccination records prior to
15        administering the vaccine; and
16            (G) the pharmacist must inform the pharmacist's
17        patients who are less than 18 years old, as well as the
18        adult caregiver accompanying the child, of the
19        importance of a well-child visit with a pediatrician
20        or other licensed primary-care provider and must refer
21        patients as appropriate;
22        (16) the ordering and administration of COVID-19
23    therapeutics subcutaneously, intramuscularly, or orally
24    with notification to the patient's physician and
25    appropriate record retention or pursuant to hospital
26    pharmacy and therapeutics committee policies and

 

 

10300HB0559ham003- 69 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 70 -LRB103 04144 SPS 59697 a

1    technical tasks of performing a test for the health
2    conditions described in this paragraph to a registered
3    pharmacy technician or student pharmacist acting under the
4    supervision of the pharmacist.
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

 

 

10300HB0559ham003- 71 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 72 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 73 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 74 -LRB103 04144 SPS 59697 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,

 

 

10300HB0559ham003- 75 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 76 -LRB103 04144 SPS 59697 a

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;

 

 

10300HB0559ham003- 77 -LRB103 04144 SPS 59697 a

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.

 

 

10300HB0559ham003- 78 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 79 -LRB103 04144 SPS 59697 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

 

 

10300HB0559ham003- 80 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 81 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 82 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 83 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 84 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 85 -LRB103 04144 SPS 59697 a

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)

 

 

10300HB0559ham003- 86 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 87 -LRB103 04144 SPS 59697 a

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

 

 

10300HB0559ham003- 88 -LRB103 04144 SPS 59697 a

1that certifications for industrial radiography trainees shall
2be valid for 2 years or shall be extended pursuant to
3subsection (e). The Agency shall establish by regulation
4standards and procedures for renewal of certification. The
5regulations shall provide that certification for industrial
6radiography trainees shall be nonrenewable.
7    (b) The regulations of the Department of Nuclear Safety,
8as the predecessor agency of the Illinois Emergency Management
9Agency, shall provide for provisional certification of persons
10who performed industrial radiography before January 1, 1993.
11In order to obtain provisional certification, the industrial
12radiographer must apply to the Department no later than
13January 1, 1993. Provisional certification shall be valid for
142 years, except for those certifications extended pursuant to
15subsection (e), provided that a person who has obtained a
16provisional certification must take an examination that is
17administered or approved by the Department within 12 months of
18the date on which the provisional certification was issued.
19Upon passing the examination, the Department shall certify the
20individual as an industrial radiographer. Provisional
21certification shall be nonrenewable.
22    (c) The Agency may, by regulation, assess certification
23fees and fees to recover the cost of examining applicants for
24certification.
25    (d) The Agency may suspend or revoke the certification of
26an industrial radiographer, or take other action as provided

 

 

10300HB0559ham003- 89 -LRB103 04144 SPS 59697 a

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