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90_HB1076eng
5 ILCS 80/4.9 from Ch. 127, par. 1904.9
5 ILCS 80/4.18 new
Amends the Regulatory Agency Sunset Act. Changes the
sunset date for the Illinois Nursing Act of 1987 from
December 31, 1997 to January 1, 2008.
LRB9001265LDcw
HB1076 Engrossed LRB9001265LDcw
1 AN ACT in relation to nursing.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Regulatory Agency Sunset Act is amended
5 by changing Section 4.9 and adding Section 4.18 as follows:
6 (5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
7 Sec. 4.9. The following Acts are repealed December 31,
8 1997:
9 The Medical Practice Act of 1987.
10 The Pharmacy Practice Act of 1987.
11 The Illinois Optometric Practice Act of 1987.
12 The Podiatric Medical Practice Act of 1987.
13 The Nursing Home Administrators Licensing and
14 Disciplinary Act.
15 The Physician Assistant Practice Act of 1987.
16 The Illinois Nursing Act of 1987.
17 The Clinical Social Work and Social Work Practice Act.
18 The Clinical Psychologist Licensing Act.
19 The Illinois Speech-Language Pathology and Audiology
20 Practice Act.
21 The Marriage and Family Therapy Licensing Act.
22 (Source: P.A. 87-1237.)
23 (5 ILCS 80/4.18 new)
24 Sec. 4.18. Act repealed on January 1, 2008. The
25 following Act is repealed on January 1, 2008:
26 The Illinois Nursing Act of 1987.
27 Section 10. The Illinois Nursing Act of 1987 is amended
28 by changing Sections 3, 4, and 28 and adding Section 4.1 as
29 follows:
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1 (225 ILCS 65/3) (from Ch. 111, par. 3503)
2 Sec. 3. Each of the following terms, when used in this
3 Act, shall have the meaning ascribed to it in this Section,
4 except where the context clearly indicates otherwise:
5 (a) "Department" means the Department of Professional
6 Regulation.;
7 (b) "Director" means the Director of the Department of
8 Professional Regulation.;
9 (c) "Committee" means the Committee on Nursing appointed
10 by the Director.;
11 (d) "Academic year" means the customary annual schedule
12 of courses at a college, university or approved school,
13 customarily regarded as the school year as distinguished from
14 the calendar year.;
15 (e) "Approved program of professional nursing education"
16 and "approved program of practical nursing education" are
17 programs of professional or practical nursing, respectively,
18 approved by the Department under the provisions of this Act.;
19 (f) "Nursing Coordinator" means a registered
20 professional nurse appointed by the Director to carry out the
21 administrative policies of the Department.;
22 (g) "Assistant Nursing Coordinator" means a registered
23 professional nurse appointed by the Director to assist in
24 carrying out the administrative policies of the Department.;
25 (h) "Registered" is the equivalent of "licensed".;
26 (i) "Practical nurse" or "licensed practical nurse"
27 means a person who is licensed as a practical nurse under
28 this Act and practices practical nursing as defined in
29 paragraph (j) of this Section. Only a practical nurse
30 licensed under this Act is entitled to use the title
31 "licensed practical nurse" and the abbreviation "L.P.N.".;
32 (j) "Practical nursing" means the performance, for
33 compensation, of nursing acts requiring the basic nursing
34 knowledge, judgement, and skill acquired by means of
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1 completion of an approved practical nursing education
2 program. Practical nursing includes assisting in the nursing
3 process as delegated by and under the direction of a
4 registered professional nurse. The practical nurse may work
5 under the direction of a licensed physician, dentist,
6 podiatrist, or other health care professional determined by
7 the Department. in the care of the ill, injured, or infirmed,
8 selected by and performed under the direction of a registered
9 professional nurse, licensed physician, dentist, or
10 podiatrist, requiring the basic nursing skill, judgment, and
11 knowledge acquired by means of a completed course of study in
12 an approved practical nursing education program;
13 (k) "Registered Nurse" or "Registered Professional
14 Nurse" means a person who is licensed as a professional nurse
15 under this Act and practices nursing as defined in paragraph
16 (l) of this Section. Only a registered nurse licensed under
17 this Act is entitled to use the titles "registered nurse" and
18 "registered professional nurse" and the abbreviation,
19 "R.N.".;
20 (l) "Registered professional nursing practice" includes
21 all nursing specialities and means the performance of any
22 nursing act based upon professional knowledge, judgment, and
23 skills acquired by means of completion of an approved
24 registered professional nursing education program. A
25 registered professional nurse provides nursing care
26 emphasizing the importance of the whole and the
27 interdependence of its parts through the nursing process to
28 individuals, groups, families, or communities, that includes
29 but is not limited to: (1) the assessment of healthcare
30 needs, nursing diagnosis, planning, implementation, and
31 nursing evaluation; (2) the promotion, maintenance, and
32 restoration of health; (3) counseling, patient education,
33 health education, and patient advocacy; (4) the
34 administration of medications and treatments as prescribed by
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1 a physician licensed to practice medicine in all of its
2 branches, a licensed dentist, a licensed podiatrist, or a
3 licensed optometrist; (5) the coordination and management of
4 the nursing plan of care; (6) the delegation to and
5 supervision of individuals who assist the registered
6 professional nurse implementing the plan of care; and (7)
7 teaching and supervision of nursing students. "Professional
8 nursing" includes all its specialties, and means the
9 performance for compensation of any nursing act, (1) in the
10 nursing evaluation, observation, care, and counsel of the
11 ill, injured, or infirmed; (2) in the maintenance of health
12 or prevention of illness of others; (3) the administration of
13 medications and treatments as prescribed by a licensed
14 physician, dentist, or podiatrist; or (4) any act in the
15 supervision or teaching of nursing, which requires
16 substantial, specialized judgment and skill the proper
17 performance of which is based on knowledge and application of
18 the principles of biological, physical, and social science
19 acquired by means of a completed course in an approved school
20 of professional nursing. The foregoing shall not be deemed
21 to include those acts of medical diagnosis or prescription of
22 therapeutic or corrective measures which are properly
23 performed only by physicians licensed in the State of
24 Illinois.; and
25 (m) "Current nursing practice update course" means a
26 planned nursing education curriculum approved by the
27 Department consisting of activities which have educational
28 objectives, instructional methods, content or subject matter,
29 clinical practice, and evaluation methods, related to basic
30 review and updating content and specifically planned for
31 those nurses previously licensed in the United States or its
32 territories and preparing for reentry into nursing practice.
33 (n) "Professional assistance program for nurses" means a
34 professional assistance program that meets criteria
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1 established by the Committee on Nursing and approved by the
2 Director, which provides a non-disciplinary treatment
3 approach for nurses licensed under this Act whose ability to
4 practice is compromised by alcohol or chemical substance
5 addiction.
6 (Source: P.A. 85-981.)
7 (225 ILCS 65/4) (from Ch. 111, par. 3504)
8 Sec. 4. For the protection of life and the promotion of
9 health, and the prevention of illness and communicable
10 diseases, any person practicing or offering to practice
11 professional and practical nursing in Illinois shall submit
12 evidence that he or she is qualified to practice, and shall
13 be licensed as hereinafter provided. No person shall
14 practice or offer to practice professional or practical
15 nursing in Illinois or use any title, sign, card or device to
16 indicate that such a person is practicing professional or
17 practical nursing unless such person has been licensed under
18 the provisions of this Act.
19 This Act does not prohibit the following:
20 (a) The practice of nursing in Federal employment in the
21 discharge of the employee's duties by a person who is
22 employed by the United States government or any bureau,
23 division or agency thereof and is a legally qualified and
24 licensed nurse of another state or territory and not in
25 conflict with Sections 6, 12, 13, and 25 of this Act;
26 (b) Nursing which is included in their program of study
27 by students enrolled in programs of nursing or in current
28 nurse practice update courses approved by the Department;
29 (c) The furnishing of nursing assistance in an
30 emergency;
31 (d) The practice of nursing by a nurse who holds an
32 active license in another state when providing services to
33 patients in Illinois during a bonafide emergency or in
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1 immediate preparation for or during interstate transit;
2 (e) The incidental care of the sick by members of the
3 family, domestic servants or housekeepers, or care of the
4 sick where treatment is by prayer or spiritual means;
5 (f) Persons from being employed as nursing aides,
6 attendants, orderlies, and other auxiliary workers in private
7 homes, long term care facilities, nurseries, hospitals or
8 other institutions;
9 (g) The practice of practical nursing by one who has
10 applied in writing to the Department in form and substance
11 satisfactory to the Department, for a license as a licensed
12 practical nurse and has complied with all the provisions
13 under Section 13, except the passing of an examination to be
14 eligible to receive such license, until: the decision of the
15 Department that the applicant has failed to pass the next
16 available examination authorized by the Department, or
17 failed, without an approved excuse, to take the next
18 available examination authorized by the Department, or the
19 withdrawal of the application. No applicant for licensure
20 practicing under the provisions of this paragraph shall
21 practice practical nursing except under the direct
22 supervision of a registered professional nurse licensed under
23 this Act or a licensed physician, dentist or podiatrist. In
24 no instance shall any such applicant practice or be employed
25 in any supervisory capacity;
26 (h) The practice of practical nursing by one who is a
27 licensed practical nurse under the laws of another U.S.
28 jurisdiction and has applied in writing to the Department, in
29 form and substance satisfactory to the Department, for a
30 license as a licensed practical nurse and who is qualified to
31 receive such license under Section 13, until: (1) the
32 expiration of 6 months after the filing of such written
33 application, or (2) the withdrawal of such application, or
34 (3) the denial of such application by the Department;
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1 (i) The practice of professional nursing by one who has
2 applied in writing to the Department in form and substance
3 satisfactory to the Department for a license as a registered
4 professional nurse and has complied with all the provisions
5 under Section 12 except the passing of an examination to be
6 eligible to receive such license until: the decision of the
7 Department that the applicant has failed to pass the next
8 available examination authorized by the Department, or
9 failed, without an approved excuse, to take the next
10 available examination authorized by the Department or the
11 withdrawal of the application. No applicant for licensure
12 practicing under the provisions of this paragraph shall
13 practice professional nursing except under the direct
14 supervision of a registered professional nurse licensed under
15 this Act. In no instance shall any such applicant practice
16 or be employed in any supervisory capacity;
17 (j) The practice of professional nursing by one who is a
18 registered professional nurse under the laws of another
19 state, territory of the United States or Country and has
20 applied in writing to the Department, in form and substance
21 satisfactory to the Department, for a license as a registered
22 professional nurse and who is qualified to receive such
23 license under Section 12, until: (1) the expiration of 12
24 months after the filing of such written application, or (2)
25 the withdrawal of such application, or (3) the denial of such
26 application by the Department;
27 (k) The practice of professional nursing which is
28 included in a program of study by one who is a registered
29 professional nurse under the laws of another state or
30 territory of the United States or foreign country, territory
31 or province and who is enrolled in a graduate nursing
32 education program or a program for the completion of a
33 baccalaureate nursing degree in this State which program
34 includes clinical supervision by faculty as determined by the
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1 educational institution offering the program and the health
2 care organization where the practice of nursing occurs. The
3 educational institution will file with the Department each
4 academic term a list of the names and origin of license of
5 all professional nurses practicing nursing as part of their
6 programs under this provision; or
7 (l) Any person licensed in this State under any other
8 Act from engaging in the practice for which she or he is
9 licensed.
10 An applicant for license practicing under the exceptions
11 set forth in subparagraphs (g), (h), (i), and (j) of this
12 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
13 Pend. respectively and no other.
14 (Source: P.A. 85-981.)
15 (225 ILCS 65/4.1 new)
16 Sec. 4.1. Task Force. The Governor shall appoint a task
17 force to be convened by the Illinois Department of
18 Professional Regulation to study the roles, responsibilities,
19 training, competency, and supervision of persons who are
20 employed to assist a nurse, including nursing aides,
21 attendants, orderlies, and other auxiliary workers in private
22 homes, long term care facilities, nurseries, hospitals, and
23 other institutions. The purpose of the task force shall be
24 to determine if there is a need for regulation of such
25 persons by the Department.
26 The task force shall be comprised of 11 members. The
27 task force shall include one representative from the
28 Department of Professional Regulation, one representative
29 from the Department of Public Health, and 9 persons
30 representing various nursing and health care provider
31 organizations in Illinois, including, but not limited to, a
32 representative from the Illinois Nurses Association, Illinois
33 Organization of Nurse Leaders, Illinois Hospital and Health
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1 Systems Association, Illinois Health Care Association,
2 Illinois Coalition of Nursing Organizations, Life Services
3 Network, Licensed Practical Nursing Association of Illinois,
4 Certified Nurse Aide Educators, and Illinois Homecare
5 Council.
6 The task force shall report its findings and
7 recommendations to the Governor by January 1, 1999.
8 (225 ILCS 65/28) (from Ch. 111, par. 3528)
9 Sec. 28. Intoxication and drug abuse.
10 (a) A professional assistance program for nurses shall
11 be established by January 1, 1999.
12 (b) The Director shall appoint a task force to advise in
13 the creation of the assistance program. The task force shall
14 include members of the Department and professional nurses,
15 and shall report its findings and recommendations to the
16 Committee on Nursing.
17 (c) Any registered professional nurse who is an
18 administrator or officer in any hospital, nursing home, other
19 health care agency or facility, or nurse agency and has
20 knowledge of any action or condition which reasonably
21 indicates to her or him that a registered professional nurse
22 or licensed practical nurse employed by or practicing nursing
23 in such hospital, nursing home, other health care agency or
24 facility, or nurse agency is habitually intoxicated or
25 addicted to the use of habit-forming drugs to the extent that
26 such intoxication or addiction adversely affects such nurses'
27 professional performance, or unlawfully possesses, uses,
28 distributes or converts habit-forming drugs belonging to the
29 hospital, nursing home or other health care agency or
30 facility for such nurses' own use, shall promptly file a
31 written report thereof to the Department; provided however,
32 an administrator or officer need not file the report if the
33 nurse participates in a course of remedial professional
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1 counseling or medical treatment for substance abuse, as long
2 as such nurse actively pursues such treatment under
3 monitoring by the administrator or officer or by the
4 hospital, nursing home, health care agency or facility, or
5 nurse agency and the nurse continues to be employed by such
6 hospital, nursing home, health care agency or facility, or
7 nurse agency. The Department shall review all reports
8 received by it in a timely manner. Its initial review shall
9 be completed no later than 60 days after receipt of the
10 report. Within this 60 day period, the Department shall, in
11 writing, make a determination as to whether there are
12 sufficient facts to warrant further investigation or action.
13 Should the Department find insufficient facts to warrant
14 further investigation, or action, the report shall be
15 accepted for filing and the matter shall be deemed closed and
16 so reported.
17 Should the Department find sufficient facts to warrant
18 further investigation, such investigation shall be completed
19 within 60 days of the date of the determination of sufficient
20 facts to warrant further investigation or action. Final
21 action shall be determined no later than 30 days after the
22 completion of the investigation. If there is a finding which
23 verifies habitual intoxication or drug addiction which
24 adversely affects professional performance or the unlawful
25 possession, use, distribution or conversion of habit-forming
26 drugs by the reported nurse, the Department may refuse to
27 issue or renew or may suspend or revoke that nurse's nurses's
28 license as a registered professional nurse or a licensed
29 practical nurse.
30 Any of the aforementioned actions or a determination that
31 there are insufficient facts to warrant further investigation
32 or action shall be considered a final action. The nurse
33 administrator or officer who filed the original report or
34 complaint, and the nurse who is the subject of the report,
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1 shall be notified in writing by the Department within 15 days
2 of any final action taken by the Department.
3 Each year on March 1, commencing with the effective date
4 of this Act, the Department shall submit a report to the
5 General Assembly. The report shall include the number of
6 reports made under this Section to the Department during the
7 previous year, the number of reports reviewed and found
8 insufficient to warrant further investigation, the number of
9 reports not completed and the reasons for incompletion. This
10 report shall be made available also to nurses requesting the
11 report.
12 Any person making a report under this Section or in good
13 faith assisting another person in making such a report shall
14 have immunity from any liability, either criminal or civil,
15 that might result by reason of such action. For the purpose
16 of any legal proceeding, criminal or civil, there shall be a
17 rebuttable presumption that any person making a report under
18 this Section or assisting another person in making such
19 report was acting in good faith. All such reports and any
20 information disclosed to or collected by the Department
21 pursuant to this Section shall remain confidential records of
22 the Department and shall not be disclosed nor be subject to
23 any law or regulation of this State relating to freedom of
24 information or public disclosure of records.
25 (Source: P.A. 85-981; 86-1472.)