(b) Each nurse agency shall have a nurse serving as a manager or
supervisor of all nurses and certified nurses aides.
(c) Each nurse agency shall
ensure that its employees meet the minimum
licensing, training, continuing education, and orientation standards for
which those employees
are licensed or certified.
(d) A nurse agency shall not employ, assign, or refer for use in an Illinois
health care facility a nurse or certified nurse aide unless certified or
licensed under applicable provisions of State and federal law or regulations.
Each certified nurse aide shall comply with all pertinent
regulations of the Illinois Department of Public Health relating to the
health and other qualifications of personnel employed in health care facilities.
(e) The Department may adopt rules to monitor the usage of nurse agency services to
determine their impact.
(f) Nurse agencies are prohibited from recruiting potential employees on the premises of a health care facility or requiring, as a condition of
employment, assignment, or referral, that their employees
recruit new employees for the nurse agency from
among the permanent employees of the health care facility to which the
nurse agency employees have been employed,
assigned, or referred,
and the health care facility to which such employees are employed, assigned,
or referred is prohibited from requiring, as a condition of employment,
that their employees recruit new employees from these nurse agency
employees. Violation of this provision is a business offense.
(g) Nurse agencies are prohibited from entering into covenants not to compete with nurses and certified nurse aides if the nurse is employed, assigned, or referred by a nurse agency to a health care facility on a temporary basis or the certified nurse aide is employed, assigned, or referred by a nurse agency to a health care facility on a temporary basis. A covenant not to compete entered into on or after July 1, 2022 (the effective date of Public Act 102-946) between a nurse agency and a nurse or a certified nurse aide is illegal and void if (i) the nurse is employed, assigned, or referred by a nurse agency to a health care facility on a temporary basis or (ii) the certified nurse aide is employed, assigned, or referred by a nurse agency to a health care facility on a temporary basis. In any contract on a temporary basis with any nurse, certified nurse aide, or health care facility, a nurse agency is prohibited from requiring the payment of liquidated damages, conversion fees, employment fees, buy-out fees, placement fees, or other compensation if the nurse or certified nurse aide is hired as a permanent employee of a health care facility.
(g-5) Beginning on the effective date of this amendatory Act of the 102nd General Assembly and ending on December 31, 2027, a nurse agency may enter into a covenant not to compete with a nurse or a certified nurse aide if (i) the nurse is employed, assigned, or referred by a nurse agency to a health care facility on a long-term basis or (ii) the certified nurse aide is employed, assigned, or referred by a nurse agency to a health care facility on a long-term basis. However, if a covenant not to compete that was entered into on or before December 31, 2027 expires on or after January 1, 2028, the covenant not to compete shall remain in effect until its expiration date. To be enforceable, the term of a covenant not to compete entered into under this subsection must be concurrent with the term of the initial employment, assignment, or referral of the nurse or certified nurse aide to a health care facility. A contract on a long-term basis between any nurse, certified nurse aide, or health care facility and a nurse agency may provide for the payment of actual damages, conversion fees, employment fees, buy-out fees, placement fees, or other reasonable expenses resulting from a violation of the contract that occurred during the initial employment, assignment, or referral term.
(h) A nurse agency shall submit a report quarterly to the Department for each health care entity with whom the agency contracts that includes all of the following by provider type and county in which the work was performed:
(1) A list of the average amount charged to the
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