Full Text of SB0837 99th General Assembly
SB0837eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Nurse Practice Act is amended by changing | 5 | | Section 50-10 as follows:
| 6 | | (225 ILCS 65/50-10)
(was 225 ILCS 65/5-10)
| 7 | | (Section scheduled to be repealed on January 1, 2018)
| 8 | | Sec. 50-10. Definitions. Each of the following terms, when | 9 | | used
in this Act, shall have the meaning ascribed to it in this | 10 | | Section, except
where the context clearly indicates otherwise:
| 11 | | "Academic year" means the customary annual schedule of | 12 | | courses at a
college, university, or approved school, | 13 | | customarily regarded as the school
year as distinguished from | 14 | | the calendar year.
| 15 | | "Advanced practice nurse" or "APN" means a person who has | 16 | | met the qualifications for a (i) certified nurse midwife (CNM); | 17 | | (ii) certified nurse practitioner (CNP); (iii) certified | 18 | | registered nurse anesthetist (CRNA); or (iv) clinical nurse | 19 | | specialist (CNS) and has been licensed by the Department. All | 20 | | advanced practice nurses licensed and practicing in the State | 21 | | of Illinois shall use the title APN and may use specialty | 22 | | credentials after their name.
| 23 | | "Approved program of professional nursing education" and |
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| 1 | | "approved
program of practical nursing education" are programs | 2 | | of professional or
practical nursing, respectively, approved | 3 | | by the Department under the
provisions of this Act.
| 4 | | "Board" means the Board of Nursing appointed by the | 5 | | Secretary. | 6 | | "Collaboration" means a process involving 2 or more health | 7 | | care professionals working together, each contributing one's | 8 | | respective area of expertise to provide more comprehensive | 9 | | patient care. | 10 | | "Consultation" means the process whereby an advanced | 11 | | practice nurse seeks the advice or opinion of another health | 12 | | care professional. | 13 | | "Credentialed" means the process of assessing and | 14 | | validating the qualifications of a health care professional. | 15 | | "Current nursing practice update course" means a planned | 16 | | nursing education curriculum approved by the Department | 17 | | consisting of activities that have educational objectives, | 18 | | instructional methods, content or subject matter, clinical | 19 | | practice, and evaluation methods, related to basic review and | 20 | | updating content and specifically planned for those nurses | 21 | | previously licensed in the United States or its territories and | 22 | | preparing for reentry into nursing practice. | 23 | | "Dentist" means a person licensed to practice dentistry | 24 | | under the Illinois Dental Practice Act. | 25 | | "Department" means the Department of Financial and | 26 | | Professional Regulation. |
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| 1 | | "Hospital affiliate" means a corporation, partnership, | 2 | | joint venture, limited liability company, or similar | 3 | | organization, other than a hospital, that is devoted primarily | 4 | | to the provision, management, or support of health care | 5 | | services and that directly or indirectly controls, is | 6 | | controlled by, or is under common control of the hospital. For | 7 | | the purposes of this definition, "control" means having at | 8 | | least an equal or a majority ownership or membership interest. | 9 | | A hospital affiliate shall be 100% owned or controlled by any | 10 | | combination of hospitals, their parent corporations, or | 11 | | physicians licensed to practice medicine in all its branches in | 12 | | Illinois. "Hospital affiliate" does not include a health | 13 | | maintenance organization regulated under the Health | 14 | | Maintenance Organization Act. | 15 | | "Impaired nurse" means a nurse licensed under this Act who | 16 | | is unable to practice with reasonable skill and safety because | 17 | | of a physical or mental disability as evidenced by a written | 18 | | determination or written consent based on clinical evidence, | 19 | | including loss of motor skills, abuse of drugs or alcohol, or a | 20 | | psychiatric disorder, of sufficient degree to diminish his or | 21 | | her ability to deliver competent patient care. | 22 | | "License-pending advanced practice nurse" means a | 23 | | registered professional nurse who has completed all | 24 | | requirements for licensure as an advanced practice nurse except | 25 | | the certification examination and has applied to take the next | 26 | | available certification exam and received a temporary license |
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| 1 | | from the Department. | 2 | | "License-pending registered nurse" means a person who has | 3 | | passed the Department-approved registered nurse licensure exam | 4 | | and has applied for a license from the Department. A | 5 | | license-pending registered nurse shall use the title "RN lic | 6 | | pend" on all documentation related to nursing practice. | 7 | | "Physician" means a person licensed to practice medicine in | 8 | | all its branches under the Medical Practice Act of 1987. | 9 | | "Podiatric physician" means a person licensed to practice | 10 | | podiatry under the Podiatric Medical Practice Act of 1987.
| 11 | | "Practical nurse" or "licensed practical nurse" means a | 12 | | person who is
licensed as a practical nurse under this Act and | 13 | | practices practical
nursing as defined in this Act. Only a | 14 | | practical nurse
licensed under this Act is entitled to use the | 15 | | title "licensed practical
nurse" and the abbreviation | 16 | | "L.P.N.".
| 17 | | "Practical nursing" means the performance of
nursing acts | 18 | | requiring the basic nursing knowledge, judgement, and skill
| 19 | | acquired by means of completion of an approved practical | 20 | | nursing education
program. Practical nursing includes | 21 | | assisting in the nursing process as
delegated by a registered | 22 | | professional nurse or an advanced practice nurse. The
practical | 23 | | nurse may work under the direction of a licensed physician, | 24 | | dentist, podiatric physician, or other health care | 25 | | professional determined by the Department.
| 26 | | "Privileged" means the authorization granted by the |
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| 1 | | governing body of a healthcare facility, agency, or | 2 | | organization to provide specific patient care services within | 3 | | well-defined limits, based on qualifications reviewed in the | 4 | | credentialing process.
| 5 | | "Registered Nurse" or "Registered Professional Nurse" | 6 | | means a person
who is licensed as a professional nurse under | 7 | | this Act and practices
nursing as defined in
this Act. Only a | 8 | | registered
nurse licensed under this Act is entitled to use the
| 9 | | titles "registered nurse" and "registered professional nurse" | 10 | | and the
abbreviation, "R.N.".
| 11 | | "Registered professional nursing practice" is a scientific | 12 | | process founded on a professional body of knowledge; it is a | 13 | | learned profession based on the understanding of the human | 14 | | condition across the life span and environment and
includes all
| 15 | | nursing
specialties and means the performance of any nursing | 16 | | act based upon
professional knowledge, judgment, and skills | 17 | | acquired by means of completion
of an approved professional | 18 | | nursing education program. A registered
professional nurse | 19 | | provides holistic nursing care through the nursing process
to | 20 | | individuals, groups, families, or communities, that includes | 21 | | but is not
limited to: (1) the assessment of healthcare needs, | 22 | | nursing diagnosis,
planning, implementation, and nursing | 23 | | evaluation; (2) the promotion,
maintenance, and restoration of | 24 | | health; (3) counseling, patient education,
health education, | 25 | | and patient advocacy; (4) the administration of medications
and | 26 | | treatments as prescribed by a physician licensed to practice |
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| 1 | | medicine in
all of its branches, a licensed dentist, a licensed | 2 | | podiatric physician, or a licensed
optometrist or as prescribed | 3 | | by a physician assistant in accordance with
written guidelines | 4 | | required under the Physician Assistant Practice Act of 1987
or | 5 | | by an advanced practice nurse in accordance with Article 65 of | 6 | | this Act; (5) the
coordination and management of the nursing | 7 | | plan of care; (6) the delegation to
and supervision of | 8 | | individuals who assist the registered professional nurse
| 9 | | implementing the plan of care; and (7) teaching nursing
| 10 | | students. The foregoing shall not be deemed to include
those | 11 | | acts of medical diagnosis or prescription of therapeutic or
| 12 | | corrective measures.
| 13 | | "Professional assistance program for nurses" means a | 14 | | professional
assistance program that meets criteria | 15 | | established by the Board of Nursing
and approved by the | 16 | | Secretary, which provides a non-disciplinary treatment
| 17 | | approach for nurses licensed under this Act whose ability to | 18 | | practice is
compromised by alcohol or chemical substance | 19 | | addiction.
| 20 | | "Secretary" means the Secretary of Financial and | 21 | | Professional Regulation. | 22 | | "Unencumbered license" means a license issued in good | 23 | | standing. | 24 | | "Written collaborative agreement" means a written | 25 | | agreement between an advanced practice nurse and a | 26 | | collaborating physician, dentist, or podiatric physician |
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| 1 | | pursuant to Section 65-35.
| 2 | | (Source: P.A. 97-813, eff. 7-13-12; 98-214, eff. 8-9-13.)
| 3 | | Section 10. The Physician Assistant Practice Act of 1987 is | 4 | | amended by changing Section 4 as follows:
| 5 | | (225 ILCS 95/4) (from Ch. 111, par. 4604)
| 6 | | (Section scheduled to be repealed on January 1, 2018)
| 7 | | Sec. 4. In this Act:
| 8 | | 1. "Department" means the Department of Financial and
| 9 | | Professional Regulation.
| 10 | | 2. "Secretary" means the Secretary
of Financial and | 11 | | Professional Regulation.
| 12 | | 3. "Physician assistant" means any person who has been
| 13 | | certified as a physician assistant by the National Commission | 14 | | on the
Certification of Physician Assistants or equivalent | 15 | | successor agency and
performs procedures under the supervision | 16 | | of a physician as defined in this
Act. A physician assistant | 17 | | may perform such procedures within the
specialty of the | 18 | | supervising physician, except that such physician shall
| 19 | | exercise such direction, supervision and control over such | 20 | | physician
assistants as will assure that patients shall receive | 21 | | quality medical
care. Physician assistants shall be capable of | 22 | | performing a variety of tasks
within the specialty of medical | 23 | | care under the supervision of a physician.
Supervision of the | 24 | | physician assistant shall not be construed to
necessarily |
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| 1 | | require the personal presence of the supervising physician at
| 2 | | all times at the place where services are rendered, as long as | 3 | | there is
communication available for consultation by radio, | 4 | | telephone or
telecommunications within established guidelines | 5 | | as determined by the
physician/physician assistant team. The | 6 | | supervising physician may delegate
tasks and duties to the | 7 | | physician assistant. Delegated tasks or duties
shall be | 8 | | consistent with physician assistant education, training, and
| 9 | | experience. The delegated tasks or duties shall be specific to | 10 | | the
practice setting and shall be implemented and reviewed | 11 | | under a written supervision agreement
established by the | 12 | | physician or physician/physician assistant team. A
physician | 13 | | assistant, acting as an agent of the physician, shall be
| 14 | | permitted to transmit the supervising physician's orders as | 15 | | determined by
the institution's by-laws, policies, procedures, | 16 | | or job description within
which the physician/physician | 17 | | assistant team practices. Physician
assistants shall practice | 18 | | only in accordance with a written supervision agreement.
| 19 | | 4. "Board" means the Medical Licensing Board
constituted | 20 | | under the Medical Practice Act of 1987.
| 21 | | 5. "Disciplinary Board" means the Medical Disciplinary | 22 | | Board constituted
under the Medical Practice Act of 1987.
| 23 | | 6. "Physician" means, for purposes of this Act, a person | 24 | | licensed to
practice medicine in all its branches under the | 25 | | Medical Practice Act of 1987.
| 26 | | 7. "Supervising Physician" means, for the purposes of this |
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| 1 | | Act, the
primary supervising physician of a physician | 2 | | assistant, who, within his
specialty and expertise may delegate | 3 | | a variety of tasks and procedures to
the physician assistant. | 4 | | Such tasks and procedures shall be delegated
in accordance with | 5 | | a written supervision agreement. The supervising physician | 6 | | maintains the
final responsibility for the care of the patient | 7 | | and the performance of the
physician assistant.
| 8 | | 8. "Alternate supervising physician" means, for the | 9 | | purpose of this Act,
any physician designated by the | 10 | | supervising physician to provide
supervision in the event that | 11 | | he or she is unable to provide that supervision. The Department | 12 | | may further define "alternate supervising physician" by rule.
| 13 | | The alternate supervising physicians shall maintain all | 14 | | the same
responsibilities as the supervising physician. | 15 | | Nothing in this Act shall
be construed as relieving any | 16 | | physician of the professional or legal
responsibility for the | 17 | | care and treatment of persons attended by him or by
physician | 18 | | assistants under his supervision. Nothing in this Act shall be
| 19 | | construed as to limit the reasonable number of alternate | 20 | | supervising
physicians, provided they are designated by the | 21 | | supervising physician. | 22 | | 9. "Address of record" means the designated address | 23 | | recorded by the Department in the applicant's or licensee's | 24 | | application file or license file maintained by the Department's | 25 | | licensure maintenance unit. It is the duty of the applicant or | 26 | | licensee to inform the Department of any change of address, and |
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| 1 | | such changes must be made either through the Department's | 2 | | website or by contacting the Department's licensure | 3 | | maintenance unit.
| 4 | | 10. "Hospital affiliate" means a corporation, partnership, | 5 | | joint venture, limited liability company, or similar | 6 | | organization, other than a hospital, that is devoted primarily | 7 | | to the provision, management, or support of health care | 8 | | services and that directly or indirectly controls, is | 9 | | controlled by, or is under common control of the hospital. For | 10 | | the purposes of this definition, "control" means having at | 11 | | least an equal or a majority ownership or membership interest. | 12 | | A hospital affiliate shall be 100% owned or controlled by any | 13 | | combination of hospitals, their parent corporations, or | 14 | | physicians licensed to practice medicine in all its branches in | 15 | | Illinois. "Hospital affiliate" does not include a health | 16 | | maintenance organization regulated under the Health | 17 | | Maintenance Organization Act. | 18 | | (Source: P.A. 96-268, eff. 8-11-09; 97-1071, eff. 8-24-12.)
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