Full Text of HB0559 103rd General Assembly
HB0559ham003 103RD GENERAL ASSEMBLY | Rep. Bob Morgan Filed: 3/21/2023
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| 1 | | AMENDMENT TO HOUSE BILL 559
| 2 | | AMENDMENT NO. ______. Amend House Bill 559 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as the Health Care | 5 | | Workforce Reinforcement Act. | 6 | | Section 5. The Department of Professional Regulation Law | 7 | | of the
Civil Administrative Code of Illinois is amended by | 8 | | changing 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 | 12 | | provided for in the Illinois Emergency Management Agency Act, | 13 | | the Secretary of Financial and Professional Regulation shall | 14 | | have the following powers, which shall be exercised only in | 15 | | coordination with the Illinois Emergency Management Agency and |
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| 1 | | the 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 | 24 | | subsection (a) of this Section and persons operating under | 25 | | modified scope of practice provisions under paragraph (2) of | 26 | | subsection (a) of this Section shall be exempt from licensure |
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| 1 | | or be subject to modified scope of practice only until the | 2 | | declared disaster has ended as provided by law. For purposes | 3 | | of this Section, persons working under the direction of an | 4 | | emergency services and disaster agency accredited by the | 5 | | Illinois Emergency Management Agency and a local public health | 6 | | department, pursuant to a declared disaster, shall be deemed | 7 | | to be working under the direction of the Illinois Emergency | 8 | | Management Agency and the Department of Public Health.
| 9 | | (c) The Secretary or the Director, as his or her designee, | 10 | | shall exercise these powers by way of proclamation.
| 11 | | (d) Any person who was issued a temporary out-of-state | 12 | | permit by the Department pursuant to a proclamation issued by | 13 | | the Secretary or related action by the Director in response to | 14 | | the COVID-19 pandemic may continue to practice under his or | 15 | | her temporary out-of-state permit if he or she submits an | 16 | | application for licensure by endorsement to the Department on | 17 | | or before May 11, 2023. Any such person may continue to | 18 | | practice under his or her temporary out-of-state permit until | 19 | | the Department issues the license or denies the application, | 20 | | at which time the temporary out-of-state permit shall expire. | 21 | | If the Department does not issue the license or does
not deny | 22 | | the application by May 11, 2024, the temporary out-of-state | 23 | | permit shall expire. If the person holding a temporary | 24 | | out-of-state permit does not submit an application for | 25 | | licensure by endorsement to the Department on or before May | 26 | | 11, 2023, the temporary out-of-state COVID permit shall expire |
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| 1 | | on that date. The Secretary may extend the May 11, 2023 | 2 | | deadline under this subsection for an additional 60 days. This | 3 | | subsection applies to the following licensed professions: | 4 | | physician; registered nurse; practical nurse; advanced | 5 | | practice registered nurse; full practice advanced practice | 6 | | registered nurse; pharmacist; occupational therapist; | 7 | | occupational therapy assistant; physical therapist; physical | 8 | | therapist assistant; clinical psychologist; physician | 9 | | assistant; clinical social worker; social worker; dietitian | 10 | | nutritionist; professional counselor; clinical professional | 11 | | counselor; and respiratory care practitioner. | 12 | | (e) Any person who was issued a temporary reinstatement | 13 | | permit by the Department pursuant to a proclamation issued by | 14 | | the Secretary or related action by the Director in response to | 15 | | the COVID-19 pandemic may continue to practice under his or | 16 | | her temporary reinstatement permit if he or she submits an | 17 | | application for restoration or reinstatement of his or her | 18 | | license to the Department on or before May 11, 2023. Any such | 19 | | person may continue to practice under his or her temporary | 20 | | reinstatement permit until the Department restores or | 21 | | reinstates the license or denies the application, at which | 22 | | time the temporary reinstatement permit shall expire. If the | 23 | | Department does not restore or reinstate the license or does | 24 | | not deny the application by May 11, 2024, the temporary | 25 | | reinstatement permit shall expire. If the person holding a | 26 | | temporary reinstatement permit does not submit an application |
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| 1 | | for restoration or reinstatement to the Department on or | 2 | | before May 11, 2023, the temporary reinstatement permit shall | 3 | | expire on that date. The Secretary may extend the May 11, 2023 | 4 | | deadline under this subsection for an additional 60 days. This | 5 | | subsection applies to the following licensed professions: | 6 | | physician; registered nurse; practical nurse; advanced | 7 | | practice registered nurse; full practice advanced practice | 8 | | registered nurse; pharmacist; occupational therapist; | 9 | | occupational therapy assistant; physical therapist; physical | 10 | | therapist assistant; clinical psychologist; physician | 11 | | assistant; clinical social worker; social worker; dietitian | 12 | | nutritionist; professional counselor; clinical professional | 13 | | counselor; 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 | 16 | | amended by changing Sections 40 and 110 as follows:
| 17 | | (210 ILCS 9/40)
| 18 | | Sec. 40. Probationary licenses. If the applicant has not | 19 | | been
previously licensed under this
Act or if the | 20 | | establishment is not in operation at the time the application | 21 | | is
made and if the Department determines that the applicant | 22 | | meets the licensure requirements of this Act, the Department
| 23 | | shall
issue a probationary license. A probationary license | 24 | | shall be valid for
120 days unless
sooner suspended or |
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| 1 | | revoked. Within 30 days prior to the termination of a
| 2 | | probationary license,
the Department shall fully and | 3 | | completely review the establishment and, if the
establishment
| 4 | | meets the applicable requirements for licensure, shall issue a | 5 | | license , except that, during a statewide public health | 6 | | emergency, as defined in the Illinois Emergency Management | 7 | | Agency Act, the Department shall fully and completely review | 8 | | the establishment to the extent feasible . If the
Department | 9 | | finds
that the establishment does not meet the requirements | 10 | | for licensure , but has
made substantial
progress toward | 11 | | meeting those requirements, the license may be renewed once | 12 | | for
a period not to
exceed 120 days from the expiration date of | 13 | | the 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 | 18 | | on-site visit at
each
assisted living and shared
housing | 19 | | establishment to determine compliance with applicable | 20 | | licensure
requirements and
standards , except that, during a | 21 | | statewide public health emergency, as defined in the Illinois | 22 | | Emergency Management Agency Act, the Department shall conduct | 23 | | on-site reviews and annual unannounced on-site visits to the | 24 | | extent feasible . Additional visits may be conducted without | 25 | | prior notice to the
assisted living
or shared housing
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| 1 | | establishment. | 2 | | (b) Upon receipt of information that may indicate the | 3 | | failure of the
assisted living or shared housing
establishment | 4 | | or a service provider to comply with a provision of this Act,
| 5 | | the Department shall
investigate the matter or make | 6 | | appropriate referrals to other government
agencies and | 7 | | entities having
jurisdiction over the subject matter of the | 8 | | possible violation. The Department
may also make
referrals to | 9 | | any public or private agency that the Department considers
| 10 | | available for appropriate
assistance to those involved. The | 11 | | Department may oversee and coordinate the
enforcement of State
| 12 | | consumer protection policies affecting residents residing in | 13 | | an establishment
licensed under this Act. | 14 | | (c) The Department shall establish by rule complaint | 15 | | receipt,
investigation,
resolution, and involuntary
residency | 16 | | termination procedures. Resolution procedures shall provide | 17 | | for
on-site review and
evaluation of an assisted living or | 18 | | shared housing establishment found to be
in violation of this | 19 | | Act
within a specified period of time based on the gravity and | 20 | | severity of the
violation and any pervasive
pattern of | 21 | | occurrences of the same or similar violations. | 22 | | (d) (Blank). | 23 | | (e) The Department shall by rule establish penalties and | 24 | | sanctions, which
shall include, but need not be limited to,
| 25 | | the creation of a schedule of graduated penalties and | 26 | | sanctions to include
closure. |
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| 1 | | (f) The Department shall by rule establish procedures for | 2 | | disclosure of
information to the public, which
shall include, | 3 | | but not be limited to, ownership, licensure status, frequency | 4 | | of
complaints, disposition of
substantiated complaints, and | 5 | | disciplinary actions. | 6 | | (g) (Blank). | 7 | | (h) Beginning January 1, 2000, the Department shall begin | 8 | | drafting 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 | 11 | | changing Sections 3-102.2, 3-116, 3-702, 3-102.2, 3-202.5, | 12 | | 3-202.6, 3-206, and 3-702 as follows:
| 13 | | (210 ILCS 45/3-102.2)
| 14 | | Sec. 3-102.2. Supported congregate living arrangement | 15 | | demonstration. The
Illinois Department may grant no more than | 16 | | 3 waivers from the requirements of
this Act for facilities | 17 | | participating in the supported
congregate living arrangement | 18 | | demonstration. A joint waiver request must be
made by an | 19 | | applicant and the Department on Aging. If the Department on | 20 | | Aging
does not act upon an application within 60 days, the | 21 | | applicant may submit a
written waiver request on its own | 22 | | behalf. The waiver request must include a
specific program | 23 | | plan describing the types of residents to be served and the
| 24 | | services that will be provided in the facility. The Department |
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| 1 | | shall conduct
an on-site review at each facility annually or | 2 | | as often as necessary to
ascertain compliance with the program | 3 | | plan , except that, during a statewide public health emergency, | 4 | | as defined in the Illinois Emergency Management Agency Act, | 5 | | the Department shall conduct on-site reviews and annual | 6 | | unannounced on-site visits to the extent feasible . The | 7 | | Department may revoke the
waiver if it determines that the | 8 | | facility is not in compliance with the program
plan. Nothing | 9 | | in this Section prohibits the Department from conducting
| 10 | | complaint investigations.
| 11 | | A facility granted a waiver under this Section is not | 12 | | subject to the
Illinois
Health Facilities Planning Act, unless | 13 | | it subsequently
applies for a
certificate
of need to convert | 14 | | to a nursing facility. A facility applying for conversion
| 15 | | shall meet the licensure and
certificate of need requirements | 16 | | in effect as of the date of application, and
this provision may | 17 | | not 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 | 21 | | licensed or if the
facility is not in operation at the time | 22 | | application is made, the Department
shall issue only a | 23 | | probationary license. A probationary license shall be
valid | 24 | | for 120 days unless sooner suspended or revoked under Section | 25 | | 3-119.
Within 30 days prior to the termination of a |
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| 1 | | probationary license, the Department
shall fully and | 2 | | completely inspect the facility and, if the facility meets
the | 3 | | applicable requirements for licensure, shall issue a license | 4 | | under Section
3-109 , except that, during a statewide public | 5 | | health emergency, as defined in the Illinois Emergency | 6 | | Management Agency Act, the Department shall fully and | 7 | | completely inspect the establishment within appropriate time | 8 | | frames to the extent feasible . If the Department finds that | 9 | | the facility does not meet the requirements
for licensure but | 10 | | has made substantial progress toward meeting those | 11 | | requirements,
the license may be renewed once for a period not | 12 | | to exceed 120 days from
the expiration date of the initial | 13 | | probationary 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 | 18 | | specified types of
alteration or additions to an existing long | 19 | | term care facility involving
major construction, as defined by | 20 | | rule by the Department, with an
estimated cost greater than | 21 | | $100,000, architectural
drawings and specifications for the | 22 | | facility shall be submitted to the
Department for review and | 23 | | approval.
A facility may submit architectural drawings and | 24 | | specifications for other
construction projects for Department | 25 | | review according to subsection (b) that
shall not be subject |
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| 1 | | to fees under subsection (d).
Review of drawings and | 2 | | specifications shall be conducted by an employee of the
| 3 | | Department meeting the qualifications established by the | 4 | | Department of Central
Management Services class specifications | 5 | | for such an individual's position or
by a person contracting | 6 | | with the Department who meets those class
specifications. | 7 | | Final approval of the drawings and specifications for
| 8 | | compliance with design and construction standards shall be | 9 | | obtained from the
Department before the alteration, addition, | 10 | | or new construction is begun.
| 11 | | (b) The Department shall inform an applicant in writing | 12 | | within 10 working
days after receiving drawings and | 13 | | specifications and the required fee, if any,
from the | 14 | | applicant whether the applicant's submission is complete or
| 15 | | incomplete. Failure to provide the applicant with this notice | 16 | | within 10
working days shall result in the submission being | 17 | | deemed complete for purposes
of initiating the 60-day review | 18 | | period under this Section. If the submission
is incomplete, | 19 | | the Department shall inform the applicant of the deficiencies
| 20 | | with the submission in writing. If the submission is complete | 21 | | the required
fee, if any, has been paid,
the Department shall | 22 | | approve or disapprove drawings and specifications
submitted to | 23 | | the Department no later than 60 days following receipt by the
| 24 | | Department. The drawings and specifications shall be of | 25 | | sufficient detail, as
provided by Department rule, to
enable | 26 | | the Department to
render a determination of compliance with |
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| 1 | | design and construction standards
under this Act.
If the | 2 | | Department finds that the drawings are not of sufficient | 3 | | detail for it
to render a determination of compliance, the | 4 | | plans shall be determined to be
incomplete and shall not be | 5 | | considered for purposes of initiating the 60-day 60 day
review | 6 | | period.
If a submission of drawings and specifications is | 7 | | incomplete, the applicant
may submit additional information. | 8 | | The 60-day review period shall not commence
until the | 9 | | Department determines that a submission of drawings and
| 10 | | specifications is complete or the submission is deemed | 11 | | complete.
If the Department has not approved or disapproved | 12 | | the
drawings and specifications within 60 days, the | 13 | | construction, major alteration,
or addition shall be deemed | 14 | | approved. If the drawings and specifications are
disapproved, | 15 | | the Department shall state in writing, with specificity, the
| 16 | | reasons for the disapproval. The entity submitting the | 17 | | drawings and
specifications may submit additional information | 18 | | in response to the written
comments from the Department or | 19 | | request a reconsideration of the disapproval.
A final decision | 20 | | of approval or disapproval shall be made within 45 days of the
| 21 | | receipt of the additional information or reconsideration | 22 | | request. If denied,
the Department shall state the specific | 23 | | reasons for the denial.
| 24 | | (c) The Department shall provide written approval for | 25 | | occupancy pursuant
to subsection (g) and shall not issue a | 26 | | violation to a facility as a result
of
a licensure or complaint |
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| 1 | | survey 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 | 13 | | connection with its
reviews conducted before June 30, 2004 | 14 | | under 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 |
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| 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 | 8 | | to major
construction projects involving facility changes that | 9 | | are required by
Department rule amendments.
| 10 | | The fees provided in this subsection (d) shall also not | 11 | | apply to major
construction projects if 51% or more of the | 12 | | estimated cost of the project is
attributed to capital | 13 | | equipment. For major construction projects where 51% or
more | 14 | | of the estimated cost of the project is attributed to capital | 15 | | equipment,
the Department shall by rule establish a fee that | 16 | | is reasonably related to the
cost of reviewing the project.
| 17 | | The Department shall not commence the facility plan review | 18 | | process under this
Section until
the applicable fee has been | 19 | | paid.
| 20 | | (e) All fees received by the Department under this Section | 21 | | shall be
deposited into the Health Facility Plan Review Fund, | 22 | | a special fund created in
the State Treasury.
All fees paid by | 23 | | long-term care facilities under subsection (d) shall be used
| 24 | | only to cover the costs relating to the Department's review of | 25 | | long-term care
facility projects under this Section.
Moneys | 26 | | shall be appropriated from that Fund to the
Department only to |
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| 1 | | pay the costs of conducting reviews under this Section or | 2 | | under Section 3-202.5 of the ID/DD Community Care Act or | 3 | | Section 3-202.5 of the MC/DD Act.
None of the moneys in the | 4 | | Health Facility Plan Review Fund shall be used to
reduce the | 5 | | amount of General Revenue Fund moneys appropriated to the | 6 | | Department
for facility plan reviews conducted pursuant to | 7 | | this Section.
| 8 | | (f)(1) The provisions of this amendatory Act of 1997 | 9 | | concerning drawings
and specifications shall apply only to | 10 | | drawings and specifications submitted to
the Department on or | 11 | | after October 1, 1997.
| 12 | | (2) On and after the effective date of this amendatory Act | 13 | | of 1997 and
before October 1, 1997, an applicant may submit or | 14 | | resubmit drawings and
specifications to the Department and pay | 15 | | the fees provided in subsection (d).
If an applicant pays the | 16 | | fees provided in subsection (d) under this paragraph
(2), the | 17 | | provisions of subsection (b) shall apply with regard to those | 18 | | drawings
and specifications.
| 19 | | (g) The Department shall conduct an on-site inspection of | 20 | | the completed
project no later than 30 days after notification | 21 | | from the applicant that the
project has been completed and all | 22 | | certifications required by the Department
have been received | 23 | | and accepted by the Department , except that, during a | 24 | | statewide public health emergency, as defined in the Illinois | 25 | | Emergency Management Agency Act, the Department shall conduct | 26 | | an on-site inspection of the completed project to the extent |
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| 1 | | feasible . The Department shall
provide written approval for | 2 | | occupancy to the applicant within 5 working days
of the | 3 | | Department's final inspection, provided the applicant has | 4 | | demonstrated
substantial compliance as defined by Department | 5 | | rule.
Occupancy of new major construction is
prohibited until | 6 | | Department approval is received, unless the Department has
not | 7 | | acted within the time frames provided in this subsection (g), | 8 | | in which case
the construction shall be deemed approved. | 9 | | Occupancy shall be authorized after any required health | 10 | | inspection by the Department has been
conducted.
| 11 | | (h) The Department shall establish, by rule, a procedure | 12 | | to conduct interim
on-site review of large or complex | 13 | | construction projects.
| 14 | | (i) The Department shall establish, by rule, an expedited | 15 | | process for
emergency repairs or replacement of like | 16 | | equipment.
| 17 | | (j) Nothing in this Section shall be construed to apply to | 18 | | maintenance,
upkeep, or renovation that does not affect the | 19 | | structural integrity of the
building, does not add beds or | 20 | | services over the number for which the
long-term care facility | 21 | | is licensed, and provides a reasonable degree of safety
for | 22 | | the 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
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| 1 | | plan review. | 2 | | (a) Before commencing construction of a new facility or | 3 | | specified types of alteration or additions to an existing | 4 | | long-term care facility involving major construction, as | 5 | | defined by rule by the Department, with an estimated cost | 6 | | greater than $100,000, architectural drawings and | 7 | | specifications for the facility shall be submitted to the | 8 | | Department for review. A facility may submit architectural | 9 | | drawings and specifications for other construction projects | 10 | | for Department review according to subsection (b) of this | 11 | | Section. Review of drawings and specifications shall be | 12 | | conducted by an employee of the Department meeting the | 13 | | qualifications established by the Department of Central | 14 | | Management Services class specifications for such an | 15 | | individual's position or by a person contracting with the | 16 | | Department who meets those class specifications. | 17 | | (b) The Department shall inform an applicant in writing
| 18 | | within 15 working days after receiving drawings and | 19 | | specifications from the applicant whether the applicant's | 20 | | submission is complete or incomplete. Failure to provide the | 21 | | applicant with this notice within 15 working days after | 22 | | receiving drawings and specifications from the applicant shall | 23 | | result in the submission being deemed complete for purposes of | 24 | | initiating the 60-working-day review period under this | 25 | | Section. If the submission is incomplete, the Department shall | 26 | | inform the applicant of the deficiencies with the submission |
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| 1 | | in writing. | 2 | | If the submission is complete, the Department shall | 3 | | approve or disapprove drawings and specifications submitted to | 4 | | the
Department no later than 60 working days following receipt | 5 | | by the Department. The drawings and specifications shall be of | 6 | | sufficient detail, as provided by Department rule, to enable | 7 | | the Department to render a determination of compliance with | 8 | | design and construction standards under this Act. If the | 9 | | Department finds that the drawings are not of sufficient | 10 | | detail for it to render a determination of compliance, the | 11 | | plans shall be determined to be incomplete and shall not be | 12 | | considered for purposes of initiating the 60-working-day | 13 | | review period. If a submission of drawings and specifications | 14 | | is incomplete, the applicant may submit additional | 15 | | information. The 60-working-day review period shall not | 16 | | commence until the Department determines that a submission of | 17 | | drawings and specifications is complete or the submission is | 18 | | deemed complete. If the Department has not approved or | 19 | | disapproved the drawings and specifications within 60 working | 20 | | days after receipt by the Department, the construction, major | 21 | | alteration, or addition shall be deemed approved. If the
| 22 | | drawings and specifications are disapproved, the Department
| 23 | | shall state in writing, with specificity, the reasons for the | 24 | | disapproval. The entity submitting the drawings and | 25 | | specifications may submit additional information in response | 26 | | to the written comments from the Department or request a |
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| 1 | | reconsideration of the disapproval. A final decision of | 2 | | approval or disapproval shall be made within 45 working days | 3 | | after the receipt of the additional information or | 4 | | reconsideration request. If denied, the Department shall state | 5 | | the specific reasons for the denial. | 6 | | (c) The Department shall provide written approval for | 7 | | occupancy pursuant to subsection (e) of this Section and shall | 8 | | not issue a violation to a facility as a result of a licensure | 9 | | or complaint survey based upon the facility's physical | 10 | | structure 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 | 22 | | with its reviews to the Department of Veterans' Affairs. | 23 | | (e) The Department shall conduct an on-site inspection of
| 24 | | the completed project no later than 45 working days after | 25 | | notification from the applicant that the project has been | 26 | | completed and all certifications required by the Department |
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| 1 | | have been received and accepted by the Department , except | 2 | | that, during a statewide public health emergency, as defined | 3 | | in the Illinois Emergency Management Agency Act, the | 4 | | Department shall conduct an on-site inspection of the | 5 | | completed project to the extent feasible . The Department may | 6 | | extend this deadline if a federally mandated survey time frame | 7 | | takes precedence. The Department shall provide written | 8 | | approval for occupancy to the applicant within 7 working days | 9 | | after the Department's final inspection, provided the | 10 | | applicant has demonstrated substantial compliance as defined | 11 | | by Department rule. Occupancy of new major construction is | 12 | | prohibited until Department approval is received, unless the | 13 | | Department has not acted within the time frames provided in | 14 | | this subsection (e), in which case the construction shall be | 15 | | deemed approved. Occupancy shall be authorized after any | 16 | | required health inspection by the Department has been | 17 | | conducted. | 18 | | (f) The Department shall establish, by rule, an expedited
| 19 | | process for emergency repairs or replacement of like | 20 | | equipment. | 21 | | (g) Nothing in this Section shall be construed to apply to
| 22 | | maintenance, upkeep, or renovation that does not affect the | 23 | | structural integrity or fire or life safety of the building, | 24 | | does not add beds or services over the number for which the | 25 | | long-term care facility is licensed, and provides a reasonable | 26 | | degree of safety for the residents. |
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| 1 | | (h) If the number of licensed facilities increases or the | 2 | | number of beds for the currently licensed facilities | 3 | | increases, the Department has the right to reassess the | 4 | | mandated 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 | 8 | | for training
nursing assistants, habilitation aides, and child | 9 | | care aides.
| 10 | | (a) No person, except a volunteer who receives no | 11 | | compensation from a
facility and is not included for the | 12 | | purpose of meeting any staffing
requirements set forth by the | 13 | | Department, shall act as a nursing assistant,
habilitation | 14 | | aide, or child care aide in a facility, nor shall any person, | 15 | | under any
other title, not licensed, certified, or registered | 16 | | to render medical care
by the Department of Financial and | 17 | | Professional Regulation, assist with the
personal, medical, or | 18 | | nursing care of residents in a facility, unless such
person | 19 | | meets 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.
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| 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 |
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| 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 |
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| 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 |
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| 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 | 7 | | school, conducting a
nursing assistant, habilitation aide, or | 8 | | child care aide
training program
shall initiate a criminal | 9 | | history record check in accordance with the Health Care Worker | 10 | | Background Check Act prior to entry of an
individual into the | 11 | | training program.
A secondary school may initiate a criminal | 12 | | history record check in accordance with the Health Care Worker | 13 | | Background Check Act at any time during or after a training | 14 | | program.
| 15 | | (a-1) Nursing assistants, habilitation aides, or child | 16 | | care aides seeking to be included on the Health Care Worker | 17 | | Registry under the Health Care Worker Background Check Act on | 18 | | or
after January 1, 1996 must authorize the Department of | 19 | | Public Health or its
designee
to request a criminal history | 20 | | record check in accordance with the Health Care Worker | 21 | | Background Check Act and submit all necessary
information. An | 22 | | individual may not newly be included on the Health Care Worker | 23 | | Registry unless a criminal history record check has been | 24 | | conducted with respect to the individual.
| 25 | | (b) Persons subject to this Section shall perform their | 26 | | duties under the
supervision of a licensed nurse.
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| 1 | | (c) It is unlawful for any facility to employ any person in | 2 | | the capacity
of nursing assistant, habilitation aide, or child | 3 | | care aide, or under any other title, not
licensed by the State | 4 | | of Illinois to assist in the personal, medical, or
nursing | 5 | | care of residents in such facility unless such person has | 6 | | complied
with this Section.
| 7 | | (d) Proof of compliance by each employee with the | 8 | | requirements set out
in this Section shall be maintained for | 9 | | each such employee by each facility
in the individual | 10 | | personnel folder of the employee. Proof of training shall be | 11 | | obtained only from the Health Care Worker Registry.
| 12 | | (e) Each facility shall obtain access to the Health Care | 13 | | Worker Registry's web application, maintain the employment and | 14 | | demographic information relating to each employee, and verify | 15 | | by the category and type of employment that
each employee | 16 | | subject to this Section meets all the requirements of this
| 17 | | Section.
| 18 | | (f) Any facility that is operated under Section 3-803 | 19 | | shall be
exempt
from the requirements of this Section.
| 20 | | (g) Each skilled nursing and intermediate care facility | 21 | | that
admits
persons who are diagnosed as having Alzheimer's | 22 | | disease or related
dementias shall require all nursing | 23 | | assistants, habilitation aides, or child
care aides, who did | 24 | | not receive 12 hours of training in the care and
treatment of | 25 | | such residents during the training required under paragraph
| 26 | | (5) of subsection (a), to obtain 12 hours of in-house training |
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| 1 | | in the care
and treatment of such residents. If the facility | 2 | | does not provide the
training in-house, the training shall be | 3 | | obtained from other facilities,
community colleges or other | 4 | | educational institutions that have a
recognized course for | 5 | | such training. The Department shall, by rule,
establish a | 6 | | recognized course for such training. The Department's rules | 7 | | shall provide that such
training may be conducted in-house at | 8 | | each facility subject to the
requirements of this subsection, | 9 | | in which case such training shall be
monitored by the | 10 | | Department.
| 11 | | The Department's rules shall also provide for | 12 | | circumstances and procedures
whereby any person who has | 13 | | received training that meets
the
requirements of this | 14 | | subsection shall not be required to undergo additional
| 15 | | training if he or she is transferred to or obtains employment | 16 | | at a
different facility or a facility other than a long-term | 17 | | care facility but remains continuously employed for pay as a | 18 | | nursing assistant,
habilitation aide, or child care aide. | 19 | | Individuals
who have performed no nursing or nursing-related | 20 | | services
for a period of 24 consecutive months shall be listed | 21 | | as "inactive"
and as such do not meet the requirements of this | 22 | | Section. Licensed sheltered care facilities
shall be
exempt | 23 | | from the requirements of this Section.
| 24 | | An individual employed during the COVID-19 pandemic as a | 25 | | nursing assistant in accordance with any Executive Orders, | 26 | | emergency rules, or policy memoranda related to COVID-19 shall |
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| 1 | | be assumed to meet competency standards and may continue to be | 2 | | employed as a certified nurse assistant when the pandemic ends | 3 | | and the Executive Orders or emergency rules lapse. Such | 4 | | individuals shall be listed on the Department's Health Care | 5 | | Worker Registry website as "active". | 6 | | (Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17; | 7 | | 100-863, 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 | 10 | | rule promulgated
under this Act may have been violated may | 11 | | request an investigation. The
request may be submitted to the | 12 | | Department in writing, by telephone, by electronic means, or | 13 | | by
personal visit. An oral complaint shall be reduced to | 14 | | writing by the
Department. The Department shall make | 15 | | available, through its website and upon request, information | 16 | | regarding the oral and phone intake processes and the list of | 17 | | questions that will be asked of the complainant. The | 18 | | Department shall request information identifying the
| 19 | | complainant, including the name, address , and telephone | 20 | | number, to help
enable appropriate follow-up. The Department | 21 | | shall act on such complaints
via on-site visits or other | 22 | | methods deemed appropriate to handle the
complaints with or | 23 | | without such identifying information, as otherwise
provided | 24 | | under this Section. The complainant shall be informed that
| 25 | | compliance with such request is not required to satisfy the |
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| 1 | | procedures for
filing a complaint under this Act. The | 2 | | Department must notify complainants that complaints with less | 3 | | information provided are far more difficult to respond to and | 4 | | investigate.
| 5 | | (b) The substance of the complaint shall be provided in | 6 | | writing to the
licensee, owner, or administrator no earlier | 7 | | than at the commencement of an
on-site inspection of the | 8 | | facility which takes place pursuant to the complaint.
| 9 | | (c) The Department shall not disclose the name of the | 10 | | complainant unless
the complainant consents in writing to the | 11 | | disclosure or the investigation
results in a judicial | 12 | | proceeding, or unless disclosure is essential to the
| 13 | | investigation. The complainant shall be given the opportunity | 14 | | to withdraw
the complaint before disclosure. Upon the request | 15 | | of the complainant, the
Department may permit the complainant | 16 | | or a representative of the complainant
to accompany the person | 17 | | making the on-site inspection of the facility.
| 18 | | (d) Upon receipt of a complaint, the Department shall | 19 | | determine whether this
Act or a rule promulgated under this | 20 | | Act has been or is being violated. The
Department shall | 21 | | investigate all complaints alleging abuse or neglect within
7 | 22 | | days after the receipt of the complaint except that complaints | 23 | | of abuse
or neglect which indicate that a resident's life or | 24 | | safety is in imminent
danger shall be investigated within 24 | 25 | | hours after receipt of the
complaint. All other complaints | 26 | | shall be investigated within 30 days after
the receipt of the |
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| 1 | | complaint , except that, during a statewide public health | 2 | | emergency, as defined in the Illinois Emergency Management | 3 | | Agency Act, all other complaints shall be investigated within | 4 | | appropriate time frames to the extent feasible . The Department | 5 | | employees investigating a
complaint shall conduct a brief, | 6 | | informal exit conference with the facility
to alert its | 7 | | administration of any suspected serious deficiency that poses
| 8 | | a direct threat to the health, safety , or welfare of a resident | 9 | | to enable an
immediate correction for the alleviation or | 10 | | elimination of such threat.
Such information and findings | 11 | | discussed in the brief exit conference shall
become a part of | 12 | | the investigating record but shall not in any way
constitute | 13 | | an official or final notice of violation as provided under
| 14 | | Section 3-301. All complaints shall be classified as
"an | 15 | | invalid report", "a valid report", or "an undetermined
| 16 | | report". For any complaint classified as "a valid report", the
| 17 | | Department must determine within 30 working days after any | 18 | | Department employee enters a facility to begin an on-site | 19 | | inspection
if any rule or provision of this Act has been or is | 20 | | being violated.
| 21 | | (d-1) The Department shall, whenever possible, combine an | 22 | | on-site
investigation of a complaint in a facility with other | 23 | | inspections in order
to avoid duplication of inspections.
| 24 | | (e) In all cases, the Department shall inform the | 25 | | complainant of its
findings within 10 days of its | 26 | | determination unless otherwise indicated
by the complainant, |
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| 1 | | and the complainant may direct the Department to
send a copy of | 2 | | such findings to another person. The Department's findings
may | 3 | | include comments or documentation provided by either the | 4 | | complainant
or the licensee pertaining to the complaint. The | 5 | | Department shall also
notify the facility of such findings | 6 | | within 10 days of the determination,
but the name of the | 7 | | complainant or residents shall not be disclosed in this
notice | 8 | | to the facility. The notice of such
findings shall include a | 9 | | copy of the written determination; the
correction order, if | 10 | | any; the warning notice, if any; the inspection
report; or the | 11 | | State licensure form on which the violation is listed.
| 12 | | (f) A written determination, correction order, or warning | 13 | | notice
concerning a complaint, together with the facility's | 14 | | response, shall be
available for public inspection, but the | 15 | | name of the complainant or
resident shall not be disclosed | 16 | | without his consent.
| 17 | | (g) A complainant who is dissatisfied with the | 18 | | determination or
investigation by the Department may request a | 19 | | hearing under Section
3-703. The facility shall be given | 20 | | notice of any such
hearing and may participate in the hearing | 21 | | as a party. If a facility
requests a hearing under Section | 22 | | 3-703 which
concerns a matter covered by a complaint, the | 23 | | complainant shall be given
notice and may participate in the | 24 | | hearing as a party. A request
for a hearing by either a | 25 | | complainant or a facility shall be
submitted in writing to the | 26 | | Department within 30 days after the mailing
of the |
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| 1 | | Department's findings as described in subsection (e) of this
| 2 | | Section. Upon receipt of the request the Department shall | 3 | | conduct a hearing
as provided under Section 3-703.
| 4 | | (g-5) The Department shall conduct an annual review of all | 5 | | survey activity from the preceding fiscal year and make a | 6 | | report concerning the complaint and survey process. The report | 7 | | shall 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 |
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| 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 | 15 | | Facility Advisory Board, the Illinois Long-Term Care Council, | 16 | | and the General Assembly. The Long-Term Care Facility Advisory | 17 | | Board and the Illinois Long-Term Care Council shall review the | 18 | | report and suggest any changes deemed necessary to the | 19 | | Department for review and action, including how to investigate | 20 | | and substantiate anonymous complaints. | 21 | | (h) Any person who knowingly transmits a false report to | 22 | | the
Department commits the offense of disorderly conduct under | 23 | | subsection
(a)(8) of Section 26-1 of the Criminal Code of | 24 | | 2012.
| 25 | | (Source: P.A. 102-432, eff. 8-20-21; 102-947, eff. 1-1-23; | 26 | | revised 12-9-22.)
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| 1 | | Section 20. The MC/DD Act is amended by changing Sections | 2 | | 3-116, 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 | 5 | | been previously licensed or if the facility is not in | 6 | | operation at the time application is made, the Department | 7 | | shall issue only a probationary license. A probationary | 8 | | license shall be valid for 120 days unless sooner suspended or | 9 | | revoked under Section 3-119. Within 30 days prior to the | 10 | | termination of a probationary license, the Department shall | 11 | | fully and completely inspect the facility and, if the facility | 12 | | meets the applicable requirements for licensure, shall issue a | 13 | | license under Section 3-109 , except that, during a statewide | 14 | | public health emergency, as defined in the Illinois Emergency | 15 | | Management Agency Act, the Department shall inspect facilities | 16 | | within an appropriate time frame to the extent feasible . If | 17 | | the Department finds that the facility does not meet the | 18 | | requirements for licensure but has made substantial progress | 19 | | toward meeting those requirements, the license may be renewed | 20 | | once for a period not to exceed 120 days from the expiration | 21 | | date of the initial probationary license.
| 22 | | (Source: P.A. 99-180, eff. 7-29-15.) | 23 | | (210 ILCS 46/3-202.5)
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| 1 | | Sec. 3-202.5. Facility plan review; fees. | 2 | | (a) Before commencing construction of a new facility or | 3 | | specified types of alteration or additions to an existing | 4 | | facility involving major construction, as defined by rule by | 5 | | the Department, with an estimated cost greater than $100,000, | 6 | | architectural drawings and specifications for the facility | 7 | | shall be submitted to the Department for review and approval. | 8 | | A facility may submit architectural drawings and | 9 | | specifications for other construction projects for Department | 10 | | review according to subsection (b) that shall not be subject | 11 | | to fees under subsection (d). Review of drawings and | 12 | | specifications shall be conducted by an employee of the | 13 | | Department meeting the qualifications established by the | 14 | | Department of Central Management Services class specifications | 15 | | for such an individual's position or by a person contracting | 16 | | with the Department who meets those class specifications. | 17 | | Final approval of the drawings and specifications for | 18 | | compliance with design and construction standards shall be | 19 | | obtained from the Department before the alteration, addition, | 20 | | or new construction is begun. | 21 | | (b) The Department shall inform an applicant in writing | 22 | | within 10 working days after receiving drawings and | 23 | | specifications and the required fee, if any, from the | 24 | | applicant whether the applicant's submission is complete or | 25 | | incomplete. Failure to provide the applicant with this notice | 26 | | within 10 working days shall result in the submission being |
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| 1 | | deemed complete for purposes of initiating the 60-day 60 day | 2 | | review period under this Section. If the submission is | 3 | | incomplete, the Department shall inform the applicant of the | 4 | | deficiencies with the submission in writing. If the submission | 5 | | is complete the required fee, if any, has been paid, the | 6 | | Department shall approve or disapprove drawings and | 7 | | specifications submitted to the Department no later than 60 | 8 | | days following receipt by the Department. The drawings and | 9 | | specifications shall be of sufficient detail, as provided by | 10 | | Department rule, to enable the Department to render a | 11 | | determination of compliance with design and construction | 12 | | standards under this Act. If the Department finds that the | 13 | | drawings are not of sufficient detail for it to render a | 14 | | determination of compliance, the plans shall be determined to | 15 | | be incomplete and shall not be considered for purposes of | 16 | | initiating the 60 day review period. If a submission of | 17 | | drawings and specifications is incomplete, the applicant may | 18 | | submit additional information. The 60 day review period shall | 19 | | not commence until the Department determines that a submission | 20 | | of drawings and specifications is complete or the submission | 21 | | is deemed complete. If the Department has not approved or | 22 | | disapproved the drawings and specifications within 60 days, | 23 | | the construction, major alteration, or addition shall be | 24 | | deemed approved. If the drawings and specifications are | 25 | | disapproved, the Department shall state in writing, with | 26 | | specificity, the reasons for the disapproval. The entity |
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| 1 | | submitting the drawings and specifications may submit | 2 | | additional information in response to the written comments | 3 | | from the Department or request a reconsideration of the | 4 | | disapproval. A final decision of approval or disapproval shall | 5 | | be made within 45 days of the receipt of the additional | 6 | | information or reconsideration request. If denied, the | 7 | | Department shall state the specific reasons for the denial. | 8 | | (c) The Department shall provide written approval for | 9 | | occupancy pursuant to subsection (g) and shall not issue a | 10 | | violation to a facility as a result of a licensure or complaint | 11 | | survey 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 | 24 | | shall be deposited into the Health Facility Plan Review Fund, | 25 | | a special fund created in the State Treasury. Moneys shall be | 26 | | appropriated from that Fund to the Department only to pay the |
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| 1 | | costs of conducting reviews under this Section, under Section | 2 | | 3-202.5 of the Nursing Home Care Act, or under Section 3-202.5 | 3 | | of the ID/DD Community Care Act. None of the moneys in the | 4 | | Health Facility Plan Review Fund shall be used to reduce the | 5 | | amount of General Revenue Fund moneys appropriated to the | 6 | | Department for facility plan reviews conducted pursuant to | 7 | | this Section. | 8 | | (f) (Blank). | 9 | | (g) The Department shall conduct an on site inspection of | 10 | | the completed project no later than 30 days after notification | 11 | | from the applicant that the project has been completed and all | 12 | | certifications required by the Department have been received | 13 | | and accepted by the Department , except that, during a | 14 | | statewide public health emergency, as defined in the Illinois | 15 | | Emergency Management Agency Act, the Department shall conduct | 16 | | an on-site inspection to the extent feasible . The Department | 17 | | shall provide written approval for occupancy to the applicant | 18 | | within 5 working days of the Department's final inspection, | 19 | | provided the applicant has demonstrated substantial compliance | 20 | | as defined by Department rule. Occupancy of new major | 21 | | construction is prohibited until Department approval is | 22 | | received, unless the Department has not acted within the time | 23 | | frames provided in this subsection (g), in which case the | 24 | | construction shall be deemed approved. Occupancy shall be | 25 | | authorized after any required health inspection by the | 26 | | Department has been conducted. |
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| 1 | | (h) The Department shall establish, by rule, a procedure | 2 | | to conduct interim on site review of large or complex | 3 | | construction projects. | 4 | | (i) The Department shall establish, by rule, an expedited | 5 | | process for emergency repairs or replacement of like | 6 | | equipment. | 7 | | (j) Nothing in this Section shall be construed to apply to | 8 | | maintenance, upkeep, or renovation that does not affect the | 9 | | structural integrity of the building, does not add beds or | 10 | | services over the number for which the facility is licensed, | 11 | | and 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 | 16 | | promulgated under this Act may have been violated may request | 17 | | an investigation. The request may be submitted to the | 18 | | Department in writing, by telephone, by electronic means, or | 19 | | by personal visit. An oral complaint shall be reduced to | 20 | | writing by the Department. The Department shall make | 21 | | available, through
its website and upon request, information | 22 | | regarding the oral
and phone intake processes and the list of | 23 | | questions that will
be asked of the complainant. The | 24 | | Department shall request information identifying the | 25 | | complainant, including the name, address and telephone number, |
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| 1 | | to help enable appropriate follow up. The Department shall act | 2 | | on such complaints via on-site visits or other methods deemed | 3 | | appropriate to handle the complaints with or without such | 4 | | identifying information, as otherwise provided under this | 5 | | Section. The complainant shall be informed that compliance | 6 | | with such request is not required to satisfy the procedures | 7 | | for filing a complaint under this Act. The Department must | 8 | | notify complainants that complaints with less information | 9 | | provided are far more difficult to respond to and investigate. | 10 | | (b) The substance of the complaint shall be provided in | 11 | | writing to the licensee, owner or administrator no earlier | 12 | | than at the commencement of an on-site inspection of the | 13 | | facility which takes place pursuant to the complaint. | 14 | | (c) The Department shall not disclose the name of the | 15 | | complainant unless the complainant consents in writing to the | 16 | | disclosure or the investigation results in a judicial | 17 | | proceeding, or unless disclosure is essential to the | 18 | | investigation. The complainant shall be given the opportunity | 19 | | to withdraw the complaint before disclosure. Upon the request | 20 | | of the complainant, the Department may permit the complainant | 21 | | or a representative of the complainant to accompany the person | 22 | | making the on-site inspection of the facility. | 23 | | (d) Upon receipt of a complaint, the Department shall | 24 | | determine whether this Act or a rule promulgated under this | 25 | | Act has been or is being violated. The Department shall | 26 | | investigate all complaints alleging abuse or neglect within 7 |
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| 1 | | days after the receipt of the complaint except that complaints | 2 | | of abuse or neglect which indicate that a resident's life or | 3 | | safety is in imminent danger shall be investigated within 24 | 4 | | hours after receipt of the complaint. All other complaints | 5 | | shall be investigated within 30 days after the receipt of the | 6 | | complaint , except that, during a statewide public health | 7 | | emergency, as defined in the Illinois Emergency Management | 8 | | Agency Act, all other complaints shall be investigated within | 9 | | an appropriate time frame to the extent feasible . The | 10 | | Department employees investigating a complaint shall conduct a | 11 | | brief, informal exit conference with the facility to alert its | 12 | | administration of any suspected serious deficiency that poses | 13 | | a direct threat to the health, safety or welfare of a resident | 14 | | to enable an immediate correction for the alleviation or | 15 | | elimination of such threat. Such information and findings | 16 | | discussed in the brief exit conference shall become a part of | 17 | | the investigating record but shall not in any way constitute | 18 | | an official or final notice of violation as provided under | 19 | | Section 3-301. All complaints shall be classified as "an | 20 | | invalid report", "a valid report", or "an undetermined | 21 | | report". For any complaint classified as "a valid report", the | 22 | | Department must determine within 30 working days if any rule | 23 | | or provision of this Act has been or is being violated. | 24 | | (d-1) The Department shall, whenever possible, combine an | 25 | | on site investigation of a complaint in a facility with other | 26 | | inspections in order to avoid duplication of inspections. |
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| 1 | | (e) In all cases, the Department shall inform the | 2 | | complainant of its findings within 10 days of its | 3 | | determination unless otherwise indicated by the complainant, | 4 | | and the complainant may direct the Department to send a copy of | 5 | | such findings to another person. The Department's findings may | 6 | | include comments or documentation provided by either the | 7 | | complainant or the licensee pertaining to the complaint. The | 8 | | Department shall also notify the facility of such findings | 9 | | within 10 days of the determination, but the name of the | 10 | | complainant or residents shall not be disclosed in this notice | 11 | | to the facility. The notice of such findings shall include a | 12 | | copy of the written determination; the correction order, if | 13 | | any; the warning notice, if any; the inspection report; or the | 14 | | State licensure form on which the violation is listed. | 15 | | (f) A written determination, correction order, or warning | 16 | | notice concerning a complaint, together with the facility's | 17 | | response, shall be available for public inspection, but the | 18 | | name of the complainant or resident shall not be disclosed | 19 | | without his or her consent. | 20 | | (g) A complainant who is dissatisfied with the | 21 | | determination or investigation by the Department may request a | 22 | | hearing under Section 3-703. The facility shall be given | 23 | | notice of any such hearing and may participate in the hearing | 24 | | as a party. If a facility requests a hearing under Section | 25 | | 3-703 which concerns a matter covered by a complaint, the | 26 | | complainant shall be given notice and may participate in the |
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| 1 | | hearing as a party. A request for a hearing by either a | 2 | | complainant or a facility shall be submitted in writing to the | 3 | | Department within 30 days after the mailing of the | 4 | | Department's findings as described in subsection (e) of this | 5 | | Section. Upon receipt of the request the Department shall | 6 | | conduct a hearing as provided under Section 3-703. | 7 | | (g-5) The Department shall conduct an annual review and
| 8 | | make a report concerning the complaint process that includes
| 9 | | the number of complaints received, the breakdown of anonymous
| 10 | | and non-anonymous complaints and whether the complaints were
| 11 | | substantiated or not, the total number of substantiated
| 12 | | complaints, and any other complaint information requested by
| 13 | | the DD Facility Advisory Board. This report shall be provided | 14 | | to the DD Facility Advisory Board. The DD Facility Advisory | 15 | | Board shall review the report and suggest any changes deemed | 16 | | necessary to the Department for review and action, including | 17 | | how to investigate and substantiate anonymous complaints. | 18 | | (h) Any person who knowingly transmits a false report to | 19 | | the Department commits the offense of disorderly conduct under | 20 | | subsection (a)(8) of Section 26-1 of the Criminal Code of | 21 | | 2012.
| 22 | | (Source: P.A. 99-180, eff. 7-29-15.) | 23 | | Section 25. The ID/DD Community Care Act is amended by | 24 | | changing Sections 3-116, 3-206, and 3-702 as follows: |
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| 1 | | (210 ILCS 47/3-116)
| 2 | | Sec. 3-116. Probationary license. If the applicant has not | 3 | | been previously licensed or if the facility is not in | 4 | | operation at the time application is made, the Department | 5 | | shall issue only a probationary license. A probationary | 6 | | license shall be valid for 120 days unless sooner suspended or | 7 | | revoked under Section 3-119. Within 30 days prior to the | 8 | | termination of a probationary license, the Department shall | 9 | | fully and completely inspect the facility and, if the facility | 10 | | meets the applicable requirements for licensure, shall issue a | 11 | | license under Section 3-109 except that, during a statewide | 12 | | public health emergency, as defined in the Illinois Emergency | 13 | | Management Agency Act, the Department shall inspect facilities | 14 | | within an appropriate time frame to the extent feasible . If | 15 | | the Department finds that the facility does not meet the | 16 | | requirements for licensure but has made substantial progress | 17 | | toward meeting those requirements, the license may be renewed | 18 | | once for a period not to exceed 120 days from the expiration | 19 | | date 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 | 23 | | aides. The Department shall prescribe a curriculum for | 24 | | training nursing assistants, habilitation aides, and child | 25 | | care aides. |
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| 1 | | (a) No person, except a volunteer who receives no | 2 | | compensation from a facility and is not included for the | 3 | | purpose of meeting any staffing requirements set forth by the | 4 | | Department, shall act as a nursing assistant, habilitation | 5 | | aide, or child care aide in a facility, nor shall any person, | 6 | | under any other title, not licensed, certified, or registered | 7 | | to render medical care by the Department of Financial and | 8 | | Professional Regulation, assist with the personal, medical, or | 9 | | nursing care of residents in a facility, unless such person | 10 | | meets 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. |
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| 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 |
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| 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 | 14 | | school, conducting a nursing assistant, habilitation aide, or | 15 | | child care aide training program shall initiate a criminal | 16 | | history record check in accordance with the Health Care Worker | 17 | | Background Check Act prior to entry of an individual into the | 18 | | training program. A secondary school may initiate a criminal | 19 | | history record check in accordance with the Health Care Worker | 20 | | Background Check Act at any time during or after a training | 21 | | program. | 22 | | (a-1) Nursing assistants, habilitation aides, or child | 23 | | care aides seeking to be included on the Health Care Worker | 24 | | Registry under the Health Care Worker Background Check Act | 25 | | must authorize the Department of Public Health or its designee | 26 | | to request a criminal history record check in accordance with |
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| 1 | | the Health Care Worker Background Check Act and submit all | 2 | | necessary information. An individual may not newly be included | 3 | | on the Health Care Worker Registry unless a criminal history | 4 | | record check has been conducted with respect to the | 5 | | individual. | 6 | | (b) Persons subject to this Section shall perform their | 7 | | duties under the supervision of a licensed nurse or other | 8 | | appropriately trained, licensed, or certified personnel. | 9 | | (c) It is unlawful for any facility to employ any person in | 10 | | the capacity of nursing assistant, habilitation aide, or child | 11 | | care aide, or under any other title, not licensed by the State | 12 | | of Illinois to assist in the personal, medical, or nursing | 13 | | care of residents in such facility unless such person has | 14 | | complied with this Section. | 15 | | (d) Proof of compliance by each employee with the | 16 | | requirements set out in this Section shall be maintained for | 17 | | each such employee by each facility in the individual | 18 | | personnel folder of the employee. Proof of training shall be | 19 | | obtained only from the Health Care Worker Registry. | 20 | | (e) Each facility shall obtain access to the Health Care | 21 | | Worker Registry's web application, maintain the employment and | 22 | | demographic information relating to each employee, and verify | 23 | | by the category and type of employment that each employee | 24 | | subject to this Section meets all the requirements of this | 25 | | Section. | 26 | | (f) Any facility that is operated under Section 3-803 |
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| 1 | | shall be exempt from the requirements of this Section. | 2 | | (g) Each skilled nursing and intermediate care facility | 3 | | that admits persons who are diagnosed as having Alzheimer's | 4 | | disease or related dementias shall require all nursing | 5 | | assistants, habilitation aides, or child care aides, who did | 6 | | not receive 12 hours of training in the care and treatment of | 7 | | such residents during the training required under paragraph | 8 | | (5) of subsection (a), to obtain 12 hours of in house training | 9 | | in the care and treatment of such residents. If the facility | 10 | | does not provide the training in house, the training shall be | 11 | | obtained from other facilities, community colleges or other | 12 | | educational institutions that have a recognized course for | 13 | | such training. The Department shall, by rule, establish a | 14 | | recognized course for such training. | 15 | | The Department's rules shall provide that such training | 16 | | may be conducted in house at each facility subject to the | 17 | | requirements of this subsection, in which case such training | 18 | | shall be monitored by the Department.
The Department's rules | 19 | | shall also provide for circumstances and procedures whereby | 20 | | any person who has received training that meets the | 21 | | requirements of this subsection shall not be required to | 22 | | undergo additional training if he or she is transferred to or | 23 | | obtains employment at a different facility or a facility other | 24 | | than those licensed under this Act but remains continuously | 25 | | employed as a nursing assistant, habilitation aide, or child | 26 | | care aide. Individuals who have performed no nursing, |
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| 1 | | nursing-related services, or habilitation services for a | 2 | | period of 24 consecutive months shall be listed as inactive | 3 | | and as such do not meet the requirements of this Section. | 4 | | Licensed sheltered care facilities shall be exempt from the | 5 | | requirements 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 | 10 | | promulgated under this Act may have been violated may request | 11 | | an investigation. The request may be submitted to the | 12 | | Department in writing, by telephone, by electronic means, or | 13 | | by personal visit. An oral complaint shall be reduced to | 14 | | writing by the Department. The Department shall make | 15 | | available, through
its website and upon request, information | 16 | | regarding the oral
and phone intake processes and the list of | 17 | | questions that will
be asked of the complainant. The | 18 | | Department shall request information identifying the | 19 | | complainant, including the name, address and telephone number, | 20 | | to help enable appropriate follow up. The Department shall act | 21 | | on such complaints via on-site visits or other methods deemed | 22 | | appropriate to handle the complaints with or without such | 23 | | identifying information, as otherwise provided under this | 24 | | Section. The complainant shall be informed that compliance | 25 | | with such request is not required to satisfy the procedures |
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| 1 | | for filing a complaint under this Act. The Department must | 2 | | notify complainants that complaints with less information | 3 | | provided are far more difficult to respond to and investigate. | 4 | | (b) The substance of the complaint shall be provided in | 5 | | writing to the licensee, owner or administrator no earlier | 6 | | than at the commencement of an on-site inspection of the | 7 | | facility which takes place pursuant to the complaint. | 8 | | (c) The Department shall not disclose the name of the | 9 | | complainant unless the complainant consents in writing to the | 10 | | disclosure or the investigation results in a judicial | 11 | | proceeding, or unless disclosure is essential to the | 12 | | investigation. The complainant shall be given the opportunity | 13 | | to withdraw the complaint before disclosure. Upon the request | 14 | | of the complainant, the Department may permit the complainant | 15 | | or a representative of the complainant to accompany the person | 16 | | making the on-site inspection of the facility. | 17 | | (d) Upon receipt of a complaint, the Department shall | 18 | | determine whether this Act or a rule promulgated under this | 19 | | Act has been or is being violated. The Department shall | 20 | | investigate all complaints alleging abuse or neglect within 7 | 21 | | days after the receipt of the complaint except that complaints | 22 | | of abuse or neglect which indicate that a resident's life or | 23 | | safety is in imminent danger shall be investigated within 24 | 24 | | hours after receipt of the complaint. All other complaints | 25 | | shall be investigated within 30 days after the receipt of the | 26 | | complaint , except that, during a statewide public health |
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| 1 | | emergency, as defined in the Illinois Emergency Management | 2 | | Agency Act, all other complaints shall be investigated within | 3 | | an appropriate time frame to the extent feasible . The | 4 | | Department employees investigating a complaint shall conduct a | 5 | | brief, informal exit conference with the facility to alert its | 6 | | administration of any suspected serious deficiency that poses | 7 | | a direct threat to the health, safety or welfare of a resident | 8 | | to enable an immediate correction for the alleviation or | 9 | | elimination of such threat. Such information and findings | 10 | | discussed in the brief exit conference shall become a part of | 11 | | the investigating record but shall not in any way constitute | 12 | | an official or final notice of violation as provided under | 13 | | Section 3-301. All complaints shall be classified as "an | 14 | | invalid report", "a valid report", or "an undetermined | 15 | | report". For any complaint classified as "a valid report", the | 16 | | Department must determine within 30 working days if any rule | 17 | | or provision of this Act has been or is being violated. | 18 | | (d-1) The Department shall, whenever possible, combine an | 19 | | on site investigation of a complaint in a facility with other | 20 | | inspections in order to avoid duplication of inspections. | 21 | | (e) In all cases, the Department shall inform the | 22 | | complainant of its findings within 10 days of its | 23 | | determination unless otherwise indicated by the complainant, | 24 | | and the complainant may direct the Department to send a copy of | 25 | | such findings to another person. The Department's findings may | 26 | | include comments or documentation provided by either the |
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| 1 | | complainant or the licensee pertaining to the complaint. The | 2 | | Department shall also notify the facility of such findings | 3 | | within 10 days of the determination, but the name of the | 4 | | complainant or residents shall not be disclosed in this notice | 5 | | to the facility. The notice of such findings shall include a | 6 | | copy of the written determination; the correction order, if | 7 | | any; the warning notice, if any; the inspection report; or the | 8 | | State licensure form on which the violation is listed. | 9 | | (f) A written determination, correction order, or warning | 10 | | notice concerning a complaint, together with the facility's | 11 | | response, shall be available for public inspection, but the | 12 | | name of the complainant or resident shall not be disclosed | 13 | | without his or her consent. | 14 | | (g) A complainant who is dissatisfied with the | 15 | | determination or investigation by the Department may request a | 16 | | hearing under Section 3-703. The facility shall be given | 17 | | notice of any such hearing and may participate in the hearing | 18 | | as a party. If a facility requests a hearing under Section | 19 | | 3-703 which concerns a matter covered by a complaint, the | 20 | | complainant shall be given notice and may participate in the | 21 | | hearing as a party. A request for a hearing by either a | 22 | | complainant or a facility shall be submitted in writing to the | 23 | | Department within 30 days after the mailing of the | 24 | | Department's findings as described in subsection (e) of this | 25 | | Section. Upon receipt of the request the Department shall | 26 | | conduct a hearing as provided under Section 3-703. |
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| 1 | | (g-5) The Department shall conduct an annual review and
| 2 | | make a report concerning the complaint process that includes
| 3 | | the number of complaints received, the breakdown of anonymous
| 4 | | and non-anonymous complaints and whether the complaints were
| 5 | | substantiated or not, the total number of substantiated
| 6 | | complaints, and any other complaint information requested by
| 7 | | the DD Facility Advisory Board. This report shall be provided | 8 | | to the DD Facility Advisory Board. The DD Facility Advisory | 9 | | Board shall review the report and suggest any changes deemed | 10 | | necessary to the Department for review and action, including | 11 | | how to investigate and substantiate anonymous complaints. | 12 | | (h) Any person who knowingly transmits a false report to | 13 | | the Department commits the offense of disorderly conduct under | 14 | | subsection (a)(8) of Section 26-1 of the Criminal Code of | 15 | | 2012.
| 16 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14.) | 17 | | Section 30. The Specialized Mental Health Rehabilitation | 18 | | Act 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 | 21 | | license shall be valid upon fulfilling the requirements | 22 | | established by the Department by emergency rule. The license | 23 | | shall remain valid as long as a facility remains in compliance | 24 | | with the licensure provisions established in rule. Provisional |
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| 1 | | licenses issued upon initial licensure as a specialized mental | 2 | | health rehabilitation facility shall expire at the end of a | 3 | | 3-year period, which commences on the date the provisional | 4 | | license is issued. Issuance of a provisional license for any | 5 | | reason other than initial licensure (including, but not | 6 | | limited to, change of ownership, location, number of beds, or | 7 | | services) shall not extend the maximum 3-year period, at the | 8 | | end of which a facility must be licensed pursuant to Section | 9 | | 4-201. An extension for 120 days may be granted if requested | 10 | | and approved by the Department. Notwithstanding any other | 11 | | provision of this Act or the Specialized Mental Health | 12 | | Rehabilitation Facilities Code, 77 Ill. Adm. Admin. Code 380, | 13 | | to the contrary, if a facility has received notice from the | 14 | | Department that its application for provisional licensure to | 15 | | provide recovery and rehabilitation services has been accepted | 16 | | as complete and the facility has attested in writing to the | 17 | | Department that it will comply with the staff training plan | 18 | | approved by the Division of Mental Health, then a provisional | 19 | | license for recovery and rehabilitation services shall be | 20 | | issued to the facility within 60 days after the Department | 21 | | determines that the facility is in compliance with the | 22 | | requirements of the Life Safety Code in accordance with | 23 | | Section 4-104.5 of this Act.
| 24 | | (Source: P.A. 99-712, eff. 8-5-16; 100-365, eff. 8-25-17; | 25 | | revised 2-28-22.) |
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| 1 | | Section 35. The Illinois Insurance Code is amended by | 2 | | adding Section 356z.61 as follows: | 3 | | (215 ILCS 5/356z.61 new) | 4 | | Sec. 356z.61. Coverage of pharmacy testing, screening, | 5 | | vaccinations, and treatment. | 6 | | A group or individual policy of accident and health | 7 | | insurance or a managed care plan that is amended, delivered, | 8 | | issued, or renewed on or after January 1, 2025 shall provide | 9 | | coverage for health care or patient care services provided by | 10 | | a 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 | 22 | | changing Sections 2 and 54.2 as follows:
| 23 | | (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
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| 1 | | (Section scheduled to be repealed on January 1, 2027)
| 2 | | Sec. 2. Definitions. For purposes of this Act, the
| 3 | | following definitions shall have the following meanings,
| 4 | | except where the context requires otherwise:
| 5 | | "Act" means the Medical Practice Act of 1987.
| 6 | | "Address of record" means the designated address recorded | 7 | | by the Department in the applicant's or licensee's application | 8 | | file or license file as maintained by the Department's | 9 | | licensure maintenance unit. | 10 | | "Chiropractic physician" means a person licensed to treat | 11 | | human ailments without the use of drugs and without operative | 12 | | surgery. Nothing in this Act shall be construed to prohibit a | 13 | | chiropractic physician from providing advice regarding the use | 14 | | of non-prescription products or from administering atmospheric | 15 | | oxygen. Nothing in this Act shall be construed to authorize a | 16 | | chiropractic physician to prescribe drugs. | 17 | | "Department" means the Department of Financial and | 18 | | Professional Regulation.
| 19 | | "Disciplinary action" means revocation,
suspension, | 20 | | probation, supervision, practice modification,
reprimand, | 21 | | required education, fines or any other action
taken by the | 22 | | Department against a person holding a license.
| 23 | | "Email address of record" means the designated email | 24 | | address recorded by the Department in the applicant's | 25 | | application file or the licensee's license file, as maintained | 26 | | by the Department's licensure maintenance unit. |
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| 1 | | "Final determination" means the governing body's
final | 2 | | action taken under the procedure followed by a health
care | 3 | | institution, or professional association or society,
against | 4 | | any person licensed under the Act in accordance with
the | 5 | | bylaws or rules and regulations of such health care
| 6 | | institution, or professional association or society.
| 7 | | "Fund" means the Illinois State Medical Disciplinary Fund.
| 8 | | "Impaired" means the inability to practice
medicine with | 9 | | reasonable skill and safety due to physical or
mental | 10 | | disabilities as evidenced by a written determination
or | 11 | | written consent based on clinical evidence including
| 12 | | deterioration through the aging process or loss of motor
| 13 | | skill, or abuse of drugs or alcohol, of sufficient degree to
| 14 | | diminish 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 | 17 | | States; (ii) whose education has been certified by the | 18 | | Educational Commission for Foreign Medical Graduates; (iii) | 19 | | who has passed Step 1, Step 2 Clinical Knowledge, and Step 3 of | 20 | | the United States Medical Licensing Examination as required by | 21 | | this Act; (iv) who maintains an unencumbered license from | 22 | | another country; and (v) who is not licensed to practice | 23 | | medicine 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 | 26 | | Practice Act to practice medicine in all of its
branches or a |
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| 1 | | chiropractic physician.
| 2 | | "Professional association" means an association or
society | 3 | | of persons licensed under this Act, and operating
within the | 4 | | State of Illinois, including but not limited to,
medical | 5 | | societies, osteopathic organizations, and
chiropractic | 6 | | organizations, but this term shall not be
deemed to include | 7 | | hospital medical staffs.
| 8 | | "Program of care, counseling, or treatment" means
a | 9 | | written schedule of organized treatment, care, counseling,
| 10 | | activities, or education, satisfactory to the Medical
Board, | 11 | | designed for the purpose of restoring an impaired
person to a | 12 | | condition whereby the impaired person can
practice medicine | 13 | | with reasonable skill and safety of a
sufficient degree to | 14 | | deliver competent patient care.
| 15 | | "Reinstate" means to change the status of a license or | 16 | | permit from inactive or nonrenewed status to active status. | 17 | | "Restore" means to remove an encumbrance from a license | 18 | | due to probation, suspension, or revocation. | 19 | | "Secretary" means the Secretary of Financial and | 20 | | Professional 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 |
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| 1 | | delegation of patient care tasks or duties by a physician, to a | 2 | | licensed practical nurse, a registered professional nurse, or | 3 | | other licensed person practicing within the scope of his or | 4 | | her individual licensing Act. Delegation by a physician | 5 | | licensed to practice medicine in all its branches to physician | 6 | | assistants or advanced practice registered nurses is also | 7 | | addressed in Section 54.5 of this Act. No physician may | 8 | | delegate any patient care task or duty that is statutorily or | 9 | | by rule mandated to be performed by a physician. | 10 | | (b) In an office or practice setting and within a | 11 | | physician-patient relationship, a physician may delegate | 12 | | patient care tasks or duties to an unlicensed person who | 13 | | possesses appropriate training and experience provided a | 14 | | health care professional, who is practicing within the scope | 15 | | of such licensed professional's individual licensing Act, is | 16 | | on site to provide assistance. | 17 | | (c) Any such patient care task or duty delegated to a | 18 | | licensed or unlicensed person must be within the scope of | 19 | | practice, education, training, or experience of the delegating | 20 | | physician and within the context of a physician-patient | 21 | | relationship. | 22 | | (d) Nothing in this Section shall be construed to affect | 23 | | referrals for professional services required by law. | 24 | | (e) The Department shall have the authority to promulgate | 25 | | rules concerning a physician's delegation, including but not | 26 | | limited to, the use of light emitting devices for patient care |
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| 1 | | or treatment.
| 2 | | (f) Nothing in this Act shall be construed to limit the | 3 | | method of delegation that may be authorized by any means, | 4 | | including, but not limited to, oral, written, electronic, | 5 | | standing orders, protocols, guidelines, or verbal orders. | 6 | | (g) A physician licensed to practice medicine in all of | 7 | | its branches under this Act may delegate any and all authority | 8 | | prescribed to him or her by law to international medical | 9 | | graduate physicians, so long as the tasks or duties are within | 10 | | the scope of practice, education, training, or experience of | 11 | | the delegating physician who is on site to provide assistance. | 12 | | An international medical graduate working in Illinois pursuant | 13 | | to this subsection is subject to all statutory and regulatory | 14 | | requirements of this Act, as applicable, relating to the | 15 | | standards of care. An international medical graduate physician | 16 | | is limited to providing treatment under the supervision of a | 17 | | physician licensed to practice medicine in all of its | 18 | | branches. The supervising physician or employer must keep | 19 | | record of and make available upon request by the Department | 20 | | the following: (1) evidence of education certified by the | 21 | | Educational Commission for Foreign Medical Graduates; (2) | 22 | | evidence of passage of Step 1, Step 2 Clinical Knowledge, and | 23 | | Step 3 of the United States Medical Licensing Examination as | 24 | | required by this Act; and (3) evidence of an unencumbered | 25 | | license from another country. This subsection does not apply | 26 | | to any international medical graduate whose license as a |
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| 1 | | physician 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 | 4 | | changing 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 | 8 | | where otherwise
limited therein:
| 9 | | (a) "Pharmacy" or "drugstore" means and includes every | 10 | | store, shop,
pharmacy department, or other place where | 11 | | pharmacist
care is
provided
by a pharmacist (1) where drugs, | 12 | | medicines, or poisons are
dispensed, sold or
offered for sale | 13 | | at retail, or displayed for sale at retail; or
(2)
where
| 14 | | prescriptions of physicians, dentists, advanced practice | 15 | | registered nurses, physician assistants, veterinarians, | 16 | | podiatric physicians, or
optometrists, within the limits of | 17 | | their
licenses, are
compounded, filled, or dispensed; or (3) | 18 | | which has upon it or
displayed within
it, or affixed to or used | 19 | | in 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 | 23 | | similar or like import, either in the English language
or any | 24 | | other language; or (4) where the characteristic prescription
|
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| 1 | | sign (Rx) or similar design is exhibited; or (5) any store, or
| 2 | | shop,
or other place with respect to which any of the above | 3 | | words, objects,
signs or designs are used in any | 4 | | advertisement.
| 5 | | (b) "Drugs" means and includes (1) articles recognized
in | 6 | | the official United States Pharmacopoeia/National Formulary | 7 | | (USP/NF),
or any supplement thereto and being intended for and | 8 | | having for their
main use the diagnosis, cure, mitigation, | 9 | | treatment or prevention of
disease in man or other animals, as | 10 | | approved by the United States Food and
Drug Administration, | 11 | | but does not include devices or their components, parts,
or | 12 | | accessories; and (2) all other articles intended
for and | 13 | | having for their main use the diagnosis, cure, mitigation,
| 14 | | treatment or prevention of disease in man or other animals, as | 15 | | approved
by the United States Food and Drug Administration, | 16 | | but does not include
devices or their components, parts, or | 17 | | accessories; and (3) articles
(other than food) having for | 18 | | their main use and intended
to affect the structure or any | 19 | | function of the body of man or other
animals; and (4) articles | 20 | | having for their main use and intended
for use as a component | 21 | | or any articles specified in clause (1), (2)
or (3); but does | 22 | | not include devices or their components, parts or
accessories.
| 23 | | (c) "Medicines" means and includes all drugs intended for
| 24 | | human or veterinary use approved by the United States Food and | 25 | | Drug
Administration.
| 26 | | (d) "Practice of pharmacy" means: |
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| 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, |
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| 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 |
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| 1 | | rule, with notification to the patient's physician and | 2 | | appropriate record retention, or pursuant to hospital | 3 | | pharmacy and therapeutics committee policies and | 4 | | procedures; and | 5 | | (D) administration of injections of long-term | 6 | | antipsychotic medications pursuant to a valid | 7 | | prescription by a physician licensed to practice | 8 | | medicine in all its branches, upon completion of | 9 | | appropriate training conducted by an Accreditation | 10 | | Council of Pharmaceutical Education accredited | 11 | | provider, including how to address contraindications | 12 | | and adverse reactions set forth by rule, with | 13 | | notification to the patient's physician and | 14 | | appropriate record retention, or pursuant to hospital | 15 | | pharmacy and therapeutics committee policies and | 16 | | procedures. | 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, |
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| 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; |
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| 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 |
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| 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 |
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| 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 | 6 | | practice of pharmacy in this State must be actively licensed | 7 | | as a pharmacist under this Act.
| 8 | | (e) "Prescription" means and includes any written, oral, | 9 | | facsimile, or
electronically transmitted order for drugs
or | 10 | | medical devices, issued by a physician licensed to practice | 11 | | medicine in
all its branches, dentist, veterinarian, podiatric | 12 | | physician, or
optometrist, within the
limits of his or her | 13 | | license, by a physician assistant in accordance with
| 14 | | subsection (f) of Section 4, or by an advanced practice | 15 | | registered nurse in
accordance with subsection (g) of Section | 16 | | 4, containing the
following: (1) name
of the patient; (2) date | 17 | | when prescription was issued; (3) name
and strength of drug or | 18 | | description of the medical device prescribed;
and (4) | 19 | | quantity; (5) directions for use; (6) prescriber's name,
| 20 | | address,
and signature; and (7) DEA registration number where | 21 | | required, for controlled
substances.
The prescription may, but | 22 | | is not required to, list the illness, disease, or condition | 23 | | for which the drug or device is being prescribed. DEA | 24 | | registration numbers shall not be required on inpatient drug | 25 | | orders. A prescription for medication other than controlled | 26 | | substances shall be valid for up to 15 months from the date |
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| 1 | | issued for the purpose of refills, unless the prescription | 2 | | states otherwise.
| 3 | | (f) "Person" means and includes a natural person, | 4 | | partnership,
association, corporation, government entity, or | 5 | | any other legal
entity.
| 6 | | (g) "Department" means the Department of Financial and
| 7 | | Professional Regulation.
| 8 | | (h) "Board of Pharmacy" or "Board" means the State Board
| 9 | | of Pharmacy of the Department of Financial and Professional | 10 | | Regulation.
| 11 | | (i) "Secretary"
means the Secretary
of Financial and | 12 | | Professional Regulation.
| 13 | | (j) "Drug product selection" means the interchange for a
| 14 | | prescribed pharmaceutical product in accordance with Section | 15 | | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | 16 | | Cosmetic Act.
| 17 | | (k) "Inpatient drug order" means an order issued by an | 18 | | authorized
prescriber for a resident or patient of a facility | 19 | | licensed under the
Nursing Home Care Act, the ID/DD Community | 20 | | Care Act, the MC/DD Act, the Specialized Mental Health | 21 | | Rehabilitation Act of 2013, the Hospital Licensing Act, or the | 22 | | University of Illinois Hospital Act, or a facility which is | 23 | | operated by the Department of Human
Services (as successor to | 24 | | the Department of Mental Health
and Developmental | 25 | | Disabilities) or the Department of Corrections.
| 26 | | (k-5) "Pharmacist" means an individual health care |
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| 1 | | professional and
provider currently licensed by this State to | 2 | | engage in the practice of
pharmacy.
| 3 | | (l) "Pharmacist in charge" means the licensed pharmacist | 4 | | whose name appears
on a pharmacy license and who is | 5 | | responsible for all aspects of the
operation related to the | 6 | | practice of pharmacy.
| 7 | | (m) "Dispense" or "dispensing" means the interpretation, | 8 | | evaluation, and implementation of a prescription drug order, | 9 | | including the preparation and delivery of a drug or device to a | 10 | | patient or patient's agent in a suitable container | 11 | | appropriately labeled for subsequent administration to or use | 12 | | by a patient in accordance with applicable State and federal | 13 | | laws and regulations.
"Dispense" or "dispensing" does not mean | 14 | | the physical delivery to a patient or a
patient's | 15 | | representative in a home or institution by a designee of a | 16 | | pharmacist
or by common carrier. "Dispense" or "dispensing" | 17 | | also does not mean the physical delivery
of a drug or medical | 18 | | device to a patient or patient's representative by a
| 19 | | pharmacist's designee within a pharmacy or drugstore while the | 20 | | pharmacist is
on duty and the pharmacy is open.
| 21 | | (n) "Nonresident pharmacy"
means a pharmacy that is | 22 | | located in a state, commonwealth, or territory
of the United | 23 | | States, other than Illinois, that delivers, dispenses, or
| 24 | | distributes, through the United States Postal Service, | 25 | | commercially acceptable parcel delivery service, or other | 26 | | common
carrier, to Illinois residents, any substance which |
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| 1 | | requires a prescription.
| 2 | | (o) "Compounding" means the preparation and mixing of | 3 | | components, excluding flavorings, (1) as the result of a | 4 | | prescriber's prescription drug order or initiative based on | 5 | | the prescriber-patient-pharmacist relationship in the course | 6 | | of professional practice or (2) for the purpose of, or | 7 | | incident to, research, teaching, or chemical analysis and not | 8 | | for sale or dispensing. "Compounding" includes the preparation | 9 | | of drugs or devices in anticipation of receiving prescription | 10 | | drug orders based on routine, regularly observed dispensing | 11 | | patterns. Commercially available products may be compounded | 12 | | for dispensing to individual patients only if all of the | 13 | | following conditions are met: (i) the commercial product is | 14 | | not reasonably available from normal distribution channels in | 15 | | a timely manner to meet the patient's needs and (ii) the | 16 | | prescribing practitioner has requested that the drug be | 17 | | compounded.
| 18 | | (p) (Blank).
| 19 | | (q) (Blank).
| 20 | | (r) "Patient counseling" means the communication between a | 21 | | pharmacist or a student pharmacist under the supervision of a | 22 | | pharmacist and a patient or the patient's representative about | 23 | | the patient's medication or device for the purpose of | 24 | | optimizing proper use of prescription medications or devices. | 25 | | "Patient counseling" may include without limitation (1) | 26 | | obtaining a medication history; (2) acquiring a patient's |
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| 1 | | allergies and health conditions; (3) facilitation of the | 2 | | patient's understanding of the intended use of the medication; | 3 | | (4) proper directions for use; (5) significant potential | 4 | | adverse events; (6) potential food-drug interactions; and (7) | 5 | | the need to be compliant with the medication therapy. A | 6 | | pharmacy technician may only participate in the following | 7 | | aspects of patient counseling under the supervision of a | 8 | | pharmacist: (1) obtaining medication history; (2) providing | 9 | | the offer for counseling by a pharmacist or student | 10 | | pharmacist; and (3) acquiring a patient's allergies and health | 11 | | conditions.
| 12 | | (s) "Patient profiles" or "patient drug therapy record" | 13 | | means the
obtaining, recording, and maintenance of patient | 14 | | prescription
information, including prescriptions for | 15 | | controlled substances, and
personal information.
| 16 | | (t) (Blank).
| 17 | | (u) "Medical device" or "device" means an instrument, | 18 | | apparatus, implement, machine,
contrivance, implant, in vitro | 19 | | reagent, or other similar or related article,
including any | 20 | | component part or accessory, required under federal law to
| 21 | | bear the label "Caution: Federal law requires dispensing by or | 22 | | on the order
of a physician". A seller of goods and services | 23 | | who, only for the purpose of
retail sales, compounds, sells, | 24 | | rents, or leases medical devices shall not,
by reasons | 25 | | thereof, be required to be a licensed pharmacy.
| 26 | | (v) "Unique identifier" means an electronic signature, |
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| 1 | | handwritten
signature or initials, thumb print, or other | 2 | | acceptable biometric
or electronic identification process as | 3 | | approved by the Department.
| 4 | | (w) "Current usual and customary retail price" means the | 5 | | price that a pharmacy charges to a non-third-party payor.
| 6 | | (x) "Automated pharmacy system" means a mechanical system | 7 | | located within the confines of the pharmacy or remote location | 8 | | that performs operations or activities, other than compounding | 9 | | or administration, relative to storage, packaging, dispensing, | 10 | | or distribution of medication, and which collects, controls, | 11 | | and maintains all transaction information. | 12 | | (y) "Drug regimen review" means and includes the | 13 | | evaluation of prescription drug orders and patient records for | 14 | | (1)
known allergies; (2) drug or potential therapy | 15 | | contraindications;
(3) reasonable dose, duration of use, and | 16 | | route of administration, taking into consideration factors | 17 | | such as age, gender, and contraindications; (4) reasonable | 18 | | directions for use; (5) potential or actual adverse drug | 19 | | reactions; (6) drug-drug interactions; (7) drug-food | 20 | | interactions; (8) drug-disease contraindications; (9) | 21 | | therapeutic duplication; (10) patient laboratory values when | 22 | | authorized and available; (11) proper utilization (including | 23 | | over or under utilization) and optimum therapeutic outcomes; | 24 | | and (12) abuse and misuse.
| 25 | | (z) "Electronically transmitted prescription" means a | 26 | | prescription that is created, recorded, or stored by |
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| 1 | | electronic means; issued and validated with an electronic | 2 | | signature; and transmitted by electronic means directly from | 3 | | the prescriber to a pharmacy. An electronic prescription is | 4 | | not an image of a physical prescription that is transferred by | 5 | | electronic means from computer to computer, facsimile to | 6 | | facsimile, or facsimile to computer.
| 7 | | (aa) "Medication therapy management services" means a | 8 | | distinct service or group of services offered by licensed | 9 | | pharmacists, physicians licensed to practice medicine in all | 10 | | its branches, advanced practice registered nurses authorized | 11 | | in a written agreement with a physician licensed to practice | 12 | | medicine in all its branches, or physician assistants | 13 | | authorized in guidelines by a supervising physician that | 14 | | optimize therapeutic outcomes for individual patients through | 15 | | improved medication use. In a retail or other non-hospital | 16 | | pharmacy, medication therapy management services shall consist | 17 | | of the evaluation of prescription drug orders and patient | 18 | | medication records to resolve conflicts with the following: | 19 | | (1) known allergies; | 20 | | (2) drug or potential therapy contraindications; | 21 | | (3) reasonable dose, duration of use, and route of | 22 | | administration, taking into consideration factors such as | 23 | | age, gender, and contraindications; | 24 | | (4) reasonable directions for use; | 25 | | (5) potential or actual adverse drug reactions; | 26 | | (6) drug-drug interactions; |
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| 1 | | (7) drug-food interactions; | 2 | | (8) drug-disease contraindications; | 3 | | (9) identification of therapeutic duplication; | 4 | | (10) patient laboratory values when authorized and | 5 | | available; | 6 | | (11) proper utilization (including over or under | 7 | | utilization) and optimum therapeutic outcomes; and | 8 | | (12) drug abuse and misuse. | 9 | | "Medication therapy management services" includes the | 10 | | following: | 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 | 22 | | patient care functions authorized by a physician licensed to | 23 | | practice medicine in all its branches for his or her | 24 | | identified patient or groups of patients under specified | 25 | | conditions or limitations in a standing order from the | 26 | | physician. |
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| 1 | | "Medication therapy management services" in a licensed | 2 | | hospital 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 | 9 | | of medication therapy management services, with or without the | 10 | | dispensing of drugs or devices, intended to achieve outcomes | 11 | | that improve patient health, quality of life, and comfort and | 12 | | enhance patient safety.
| 13 | | (cc) "Protected health information" means individually | 14 | | identifiable health information that, except as otherwise | 15 | | provided, 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 | 23 | | individually 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 |
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| 1 | | as an employer. | 2 | | (dd) "Standing order" means a specific order for a patient | 3 | | or group of patients issued by a physician licensed to | 4 | | practice medicine in all its branches in Illinois. | 5 | | (ee) "Address of record" means the designated address | 6 | | recorded by the Department in the applicant's application file | 7 | | or licensee's license file maintained by the Department's | 8 | | licensure maintenance unit. | 9 | | (ff) "Home pharmacy" means the location of a pharmacy's | 10 | | primary operations.
| 11 | | (gg) "Email address of record" means the designated email | 12 | | address recorded by the Department in the applicant's | 13 | | application file or the licensee's license file, as maintained | 14 | | by the Department's licensure maintenance unit. | 15 | | (Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21; | 16 | | 102-103, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. | 17 | | 5-13-22; 102-1051, eff. 1-1-23 .) | 18 | | (225 ILCS 85/9.6 new) | 19 | | Sec. 9.6. Administration of vaccines and therapeutics by | 20 | | registered pharmacy technicians and student pharmacists. | 21 | | (a) Under the supervision of an appropriately trained | 22 | | pharmacist, a registered pharmacy technician or student | 23 | | pharmacist may administer COVID-19 and influenza vaccines | 24 | | subcutaneously, intramuscularly, or orally as authorized, | 25 | | approved, or licensed by the United States Food and Drug |
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| 1 | | Administration, subject to the following conditions: | 2 | | (1) the vaccination must be ordered by the supervising | 3 | | pharmacist; | 4 | | (2) the supervising pharmacist must be readily and | 5 | | immediately available to the immunizing pharmacy | 6 | | technician or student pharmacist; | 7 | | (3) the pharmacy technician or student pharmacist must | 8 | | complete a practical training program that is approved by | 9 | | the Accreditation Council for Pharmacy Education and that | 10 | | includes hands-on injection technique training and | 11 | | training in the recognition and treatment of emergency | 12 | | reactions to vaccines; | 13 | | (4) the pharmacy technician or student pharmacist must | 14 | | have a current certificate in basic cardiopulmonary | 15 | | resuscitation; | 16 | | (5) the pharmacy technician or student pharmacist must | 17 | | complete, during the relevant licensing period, a minimum | 18 | | of 2 hours of immunization-related continuing pharmacy | 19 | | education that is approved by the Accreditation Council | 20 | | for Pharmacy Education; | 21 | | (6) the supervising pharmacist must comply with all | 22 | | relevant recordkeeping and reporting requirements; | 23 | | (7) the supervising pharmacist must be responsible for | 24 | | complying with requirements related to reporting adverse | 25 | | events; | 26 | | (8) the supervising pharmacist must review the vaccine |
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| 1 | | registry or other vaccination records prior to ordering | 2 | | the vaccination to be administered by the pharmacy | 3 | | technician or student pharmacist; | 4 | | (9) the pharmacy technician or student pharmacist | 5 | | must, if the patient is 18 years of age or younger, inform | 6 | | the patient and the adult caregiver accompanying the | 7 | | patient of the importance of a well-child visit with a | 8 | | pediatrician or other licensed primary-care provider and | 9 | | must refer patients as appropriate; | 10 | | (10) in the case of a COVID-19 vaccine, the | 11 | | vaccination must be ordered and administered according to | 12 | | the Advisory Committee on Immunization Practices' COVID-19 | 13 | | vaccine recommendations; | 14 | | (11) in the case of a COVID-19 vaccine, the | 15 | | supervising pharmacist must comply with any applicable | 16 | | requirements or conditions of use as set forth in the | 17 | | Centers for Disease Control and Prevention COVID-19 | 18 | | vaccination provider agreement and any other federal | 19 | | requirements that apply to the administration of COVID-19 | 20 | | vaccines being administered; and | 21 | | (12) the registered pharmacy technician or student | 22 | | pharmacist and the supervising pharmacist must comply with | 23 | | all other requirements of this Act and the rules adopted | 24 | | thereunder pertaining to the administration of drugs. | 25 | | (b) Under the supervision of an appropriately trained | 26 | | pharmacist, a registered pharmacy technician or student |
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| 1 | | pharmacist may administer COVID-19 therapeutics | 2 | | subcutaneously, intramuscularly, or orally as authorized, | 3 | | approved, or licensed by the United States Food and Drug | 4 | | Administration, subject to the following conditions: | 5 | | (1) the COVID-19 therapeutic must be authorized, | 6 | | approved or licensed by the United States Food and Drug | 7 | | Administration; | 8 | | (2) the COVID-19 therapeutic must be administered | 9 | | subcutaneously, intramuscularly, or orally in accordance | 10 | | with the United States Food and Drug Administration | 11 | | approval, authorization, or licensing; | 12 | | (3) a pharmacy technician or student pharmacist | 13 | | practicing pursuant to this Section must complete a | 14 | | practical training program that is approved by the | 15 | | Accreditation Council for Pharmacy Education and that | 16 | | includes hands-on injection technique training, clinical | 17 | | evaluation of indications and contraindications of | 18 | | COVID-19 therapeutics training, training in the | 19 | | recognition and treatment of emergency reactions to | 20 | | COVID-19 therapeutics, and any additional training | 21 | | required in the United States Food and Drug Administration | 22 | | approval, authorization, or licensing; | 23 | | (4) the pharmacy technician or student pharmacist must | 24 | | have a current certificate in basic cardiopulmonary | 25 | | resuscitation; | 26 | | (5) the pharmacy technician or student pharmacist must |
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| 1 | | comply with any applicable requirements or conditions of | 2 | | use that apply to the administration of COVID-19 | 3 | | therapeutics; | 4 | | (6) the supervising pharmacist must comply with all | 5 | | relevant recordkeeping and reporting requirements; | 6 | | (7) the supervising pharmacist must be readily and | 7 | | immediately available to the pharmacy technician or | 8 | | student pharmacist; and | 9 | | (8) the registered pharmacy technician or student | 10 | | pharmacist and the supervising pharmacist must comply with | 11 | | all other requirements of this Act and the rules adopted | 12 | | thereunder pertaining to the administration of drugs. | 13 | | Section 55. The Illinois Speech-Language Pathology and
| 14 | | Audiology Practice Act is amended by changing Section 8.8 as | 15 | | follows:
| 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 | 19 | | assistants.
| 20 | | (a) A speech-language pathology assistant shall practice | 21 | | only under the
supervision of a speech-language pathologist | 22 | | who has at least 2 years
experience in addition to the | 23 | | supervised professional experience required under
subsection | 24 | | (f) of Section 8 of this Act. A speech-language pathologist |
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| 1 | | who
supervises a speech-language pathology assistant (i) must | 2 | | have completed at least 6
clock hours of training in | 3 | | supervision related to speech-language pathology, and (ii) | 4 | | must complete at least 2 clock hours of continuing education | 5 | | in supervision related to speech-language pathology in each | 6 | | new licensing cycle after completion of the initial training | 7 | | required under item (i). The Department shall promulgate rules | 8 | | describing the supervision
training requirements. The rules | 9 | | may allow a speech-language pathologist to
apply to the Board | 10 | | for an exemption from this training requirement based upon
| 11 | | prior supervisory experience.
| 12 | | (b) A speech-language pathology assistant must be under | 13 | | the direct
supervision of a speech-language pathologist at | 14 | | least 30% of the
speech-language pathology assistant's actual | 15 | | patient or client contact time per
patient or client during | 16 | | the first 90 days of initial employment as a
speech-language | 17 | | pathology assistant. Thereafter, a speech-language pathology
| 18 | | assistant must be under the direct supervision of a | 19 | | speech-language
pathologist at least 20% of the | 20 | | speech-language pathology assistant's actual
patient or client | 21 | | contact time per patient or client. Supervision of a
| 22 | | speech-language pathology assistant beyond the minimum | 23 | | requirements of this
subsection may be imposed at the | 24 | | discretion of the supervising
speech-language pathologist. A | 25 | | supervising speech-language pathologist must
be available to | 26 | | communicate with a speech-language pathology assistant
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| 1 | | whenever the assistant is in contact with a patient or client.
| 2 | | (c) A speech-language pathologist that supervises a | 3 | | speech-language
pathology assistant must document direct | 4 | | supervision activities. At a
minimum, supervision | 5 | | documentation must provide (i) information regarding the
| 6 | | quality of the speech-language pathology assistant's | 7 | | performance of
assigned duties, and (ii) verification that | 8 | | clinical activity is limited to
duties specified in Section | 9 | | 8.7.
| 10 | | (d) A full-time speech-language pathologist may supervise | 11 | | no more than 2
speech-language pathology assistants. A | 12 | | speech-language pathologist
that does not work full-time may | 13 | | supervise no more than one speech-language
pathology | 14 | | assistant.
| 15 | | (e) For purposes of this Section, "direct supervision" | 16 | | means on-site,
in-view
observation and guidance by a | 17 | | speech-language pathologist while an
assigned activity is | 18 | | performed by the speech-language pathology assistant or | 19 | | supervision by a speech-language pathologist by way of video | 20 | | conferencing 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 | 23 | | adding Section 5-5.12f as follows: | 24 | | (305 ILCS 5/5-5.12f new) |
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| 1 | | Sec. 5-5.12f. Coverage of pharmacy testing, screening, | 2 | | vaccinations, and treatment. | 3 | | (a) Subject to approval by the federal Centers for | 4 | | Medicare and Medicaid Services, the medical assistance | 5 | | program, including both the fee-for-service and managed care | 6 | | medical assistance programs established under this Article, | 7 | | shall cover services rendered under paragraph (15), (16), or | 8 | | (17) of subsection (d) of Section 3 of the Pharmacy Practice | 9 | | Act. | 10 | | (b) The Department shall establish a fee schedule for | 11 | | services rendered under paragraph (15), (16), or (17) of | 12 | | subsection (d) of Section 3 of the Pharmacy Practice Act. | 13 | | (c) The rate of reimbursement for services rendered under | 14 | | paragraph (15), (16), or (17) of subsection (d) of Section 3 of | 15 | | the Pharmacy Practice Act shall be at 85% of the fee schedule | 16 | | for physician services under the medical assistance program. | 17 | | (d) A pharmacist must be enrolled in the medical | 18 | | assistance program as an ordering and referring provider prior | 19 | | to providing services rendered pursuant to paragraph (15), | 20 | | (16), or (17) of subsection (d) of Section 3 of the Pharmacy | 21 | | Practice Act that is submitted by a pharmacy or pharmacist | 22 | | provider for reimbursement pursuant to this Section. | 23 | | (e) The Department shall apply for any necessary federal | 24 | | waivers or approvals to implement this Section by January 1, | 25 | | 2024. | 26 | | (f) This Section does not restrict or prohibit any |
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| 1 | | services currently provided by pharmacists as authorized by | 2 | | law, including, but not limited to, pharmacist services | 3 | | provided under this Code or authorized under the Illinois | 4 | | Title XIX State Plan. | 5 | | (g) The Department shall submit to the Joint Committee on | 6 | | Administrative Rules a rulemaking proposal to implement this | 7 | | Section as soon as practicable but no later than 6 months after | 8 | | federal approval is received. | 9 | | Section 65. The Radiation Protection Act of 1990 is | 10 | | amended 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 | 15 | | industrial
radiography unless he or she is certified by the | 16 | | Department of Nuclear Safety
or its successor, the Illinois | 17 | | Emergency Management Agency, to perform
industrial | 18 | | radiography. The Agency shall promulgate
regulations
| 19 | | establishing standards and procedures for certification of | 20 | | industrial
radiographers. The regulations may include, without | 21 | | limitation, provisions
specifying a minimum course of study | 22 | | and requiring that individuals seeking
certification pass an | 23 | | examination administered or approved by the
Agency. Industrial | 24 | | radiography certification shall be valid
for 5
years, except |
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| 1 | | that certifications for industrial radiography trainees
shall | 2 | | be valid for 2 years or shall be extended pursuant to | 3 | | subsection (e) . The Agency shall establish by
regulation
| 4 | | standards and procedures for renewal of certification. The | 5 | | regulations shall
provide that certification for industrial | 6 | | radiography trainees shall be
nonrenewable.
| 7 | | (b) The regulations of the Department of Nuclear Safety,
| 8 | | as the predecessor agency of the Illinois Emergency Management | 9 | | Agency,
shall provide for provisional
certification of persons | 10 | | who performed industrial radiography before
January 1, 1993. | 11 | | In order to obtain provisional certification, the industrial
| 12 | | radiographer must apply to the Department no later than | 13 | | January 1, 1993.
Provisional certification shall be valid for | 14 | | 2 years, except for those certifications extended pursuant to | 15 | | subsection (e), provided that a
person who has obtained a | 16 | | provisional certification must take an
examination that is | 17 | | administered or approved by the Department within 12
months of | 18 | | the date on which the provisional certification was issued. | 19 | | Upon
passing the examination, the Department shall certify the | 20 | | individual as an
industrial radiographer. Provisional | 21 | | certification shall be nonrenewable.
| 22 | | (c) The Agency may, by regulation, assess certification
| 23 | | fees and
fees to recover the cost of examining applicants for | 24 | | certification.
| 25 | | (d) The Agency may suspend or revoke the certification of
| 26 | | an
industrial radiographer, or take other action as provided |
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| 1 | | in Sections 36
and 38 of this Act, if a certified industrial | 2 | | radiographer violates this
Act or any rule or regulation | 3 | | promulgated under this Act, or otherwise
endangers the safety | 4 | | of himself, his co-workers, or members of the general
public. | 5 | | It shall be a violation of this Act for any person to allow an
| 6 | | individual who is not a certified industrial radiographer to | 7 | | perform
industrial radiography.
| 8 | | (e) The Agency may extend the term of existing | 9 | | certifications for industrial radiographers and industrial | 10 | | radiographer trainees in 90-day increments, not to exceed a | 11 | | maximum period of 6 months beyond the initial term, to allow | 12 | | individuals time to meet the examination criteria. Industrial | 13 | | radiographers and industrial radiographer trainees shall meet | 14 | | all 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 | 17 | | becoming law.".
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