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| [ House Amendment 003 ] |
90_HB1076ham002
LRB9001265EGfgam03
1 AMENDMENT TO HOUSE BILL 1076
2 AMENDMENT NO. . Amend House Bill 1076 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT in relation to nursing."; and
5 on page 1, by deleting lines 24 and 25; and
6 on page 1, by inserting below line 29 the following:
7 "Section 10. The Illinois Nursing Act of 1987 is amended
8 by changing Sections 3, 4, and 28 and adding Section 4.1 as
9 follows:
10 (225 ILCS 65/3) (from Ch. 111, par. 3503)
11 Sec. 3. Each of the following terms, when used in this
12 Act, shall have the meaning ascribed to it in this Section,
13 except where the context clearly indicates otherwise:
14 (a) "Department" means the Department of Professional
15 Regulation.;
16 (b) "Director" means the Director of the Department of
17 Professional Regulation.;
18 (c) "Committee" means the Committee on Nursing appointed
19 by the Director.;
20 (d) "Academic year" means the customary annual schedule
21 of courses at a college, university or approved school,
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1 customarily regarded as the school year as distinguished from
2 the calendar year.;
3 (e) "Approved program of professional nursing education"
4 and "approved program of practical nursing education" are
5 programs of professional or practical nursing, respectively,
6 approved by the Department under the provisions of this Act.;
7 (f) "Nursing Coordinator" means a registered
8 professional nurse appointed by the Director to carry out the
9 administrative policies of the Department.;
10 (g) "Assistant Nursing Coordinator" means a registered
11 professional nurse appointed by the Director to assist in
12 carrying out the administrative policies of the Department.;
13 (h) "Registered" is the equivalent of "licensed".;
14 (i) "Practical nurse" or "licensed practical nurse"
15 means a person who is licensed as a practical nurse under
16 this Act and practices practical nursing as defined in
17 paragraph (j) of this Section. Only a practical nurse
18 licensed under this Act is entitled to use the title
19 "licensed practical nurse" and the abbreviation "L.P.N.".;
20 (j) "Practical nursing" means the performance, for
21 compensation, of nursing acts requiring the basic nursing
22 knowledge, judgement, and skill acquired by means of
23 completion of an approved practical nursing education
24 program. Practical nursing includes assisting in the nursing
25 process as delegated by and under the direction of a
26 registered professional nurse. The practical nurse may work
27 under the direction of a licensed physician, dentist,
28 podiatrist, or other health care professional determined by
29 the Department. in the care of the ill, injured, or infirmed,
30 selected by and performed under the direction of a registered
31 professional nurse, licensed physician, dentist, or
32 podiatrist, requiring the basic nursing skill, judgment, and
33 knowledge acquired by means of a completed course of study in
34 an approved practical nursing education program;
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1 (k) "Registered Nurse" or "Registered Professional
2 Nurse" means a person who is licensed as a professional nurse
3 under this Act and practices nursing as defined in paragraph
4 (l) of this Section. Only a registered nurse licensed under
5 this Act is entitled to use the titles "registered nurse" and
6 "registered professional nurse" and the abbreviation,
7 "R.N.".;
8 (l) "Registered professional nursing practice" includes
9 all nursing specialities and means the performance of any
10 nursing act based upon professional knowledge, judgment, and
11 skills acquired by means of completion of an approved
12 registered professional nursing education program. A
13 registered professional nurse provides nursing care
14 emphasizing the importance of the whole and the
15 interdependence of its parts through the nursing process to
16 individuals, groups, families, or communities, that includes
17 but is not limited to: (1) the assessment of healthcare
18 needs, nursing diagnosis, planning, implementation, and
19 nursing evaluation; (2) the promotion, maintenance, and
20 restoration of health; (3) counseling, patient education,
21 health education, and patient advocacy; (4) the
22 administration of medications and treatments as prescribed by
23 a physician licensed to practice medicine in all of its
24 branches, a licensed dentist, a licensed podiatrist, or a
25 licensed optometrist; (5) the coordination and management of
26 the nursing plan of care; (6) the delegation to and
27 supervision of individuals who assist the registered
28 professional nurse implementing the plan of care; and (7)
29 teaching and supervision of nursing students. "Professional
30 nursing" includes all its specialties, and means the
31 performance for compensation of any nursing act, (1) in the
32 nursing evaluation, observation, care, and counsel of the
33 ill, injured, or infirmed; (2) in the maintenance of health
34 or prevention of illness of others; (3) the administration of
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1 medications and treatments as prescribed by a licensed
2 physician, dentist, or podiatrist; or (4) any act in the
3 supervision or teaching of nursing, which requires
4 substantial, specialized judgment and skill the proper
5 performance of which is based on knowledge and application of
6 the principles of biological, physical, and social science
7 acquired by means of a completed course in an approved school
8 of professional nursing. The foregoing shall not be deemed
9 to include those acts of medical diagnosis or prescription of
10 therapeutic or corrective measures which are properly
11 performed only by physicians licensed in the State of
12 Illinois.; and
13 (m) "Current nursing practice update course" means a
14 planned nursing education curriculum approved by the
15 Department consisting of activities which have educational
16 objectives, instructional methods, content or subject matter,
17 clinical practice, and evaluation methods, related to basic
18 review and updating content and specifically planned for
19 those nurses previously licensed in the United States or its
20 territories and preparing for reentry into nursing practice.
21 (n) "Professional assistance program for nurses" means a
22 professional assistance program that meets criteria
23 established by the Committee on Nursing and approved by the
24 Director, which provides a non-disciplinary treatment
25 approach for nurses licensed under this Act whose ability to
26 practice is compromised by alcohol or chemical substance
27 addiction.
28 (Source: P.A. 85-981.)
29 (225 ILCS 65/4) (from Ch. 111, par. 3504)
30 Sec. 4. For the protection of life and the promotion of
31 health, and the prevention of illness and communicable
32 diseases, any person practicing or offering to practice
33 professional and practical nursing in Illinois shall submit
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1 evidence that he or she is qualified to practice, and shall
2 be licensed as hereinafter provided. No person shall
3 practice or offer to practice professional or practical
4 nursing in Illinois or use any title, sign, card or device to
5 indicate that such a person is practicing professional or
6 practical nursing unless such person has been licensed under
7 the provisions of this Act.
8 This Act does not prohibit the following:
9 (a) The practice of nursing in Federal employment in the
10 discharge of the employee's duties by a person who is
11 employed by the United States government or any bureau,
12 division or agency thereof and is a legally qualified and
13 licensed nurse of another state or territory and not in
14 conflict with Sections 6, 12, 13, and 25 of this Act;
15 (b) Nursing which is included in their program of study
16 by students enrolled in programs of nursing or in current
17 nurse practice update courses approved by the Department;
18 (c) The furnishing of nursing assistance in an
19 emergency;
20 (d) The practice of nursing by a nurse who holds an
21 active license in another state when providing services to
22 patients in Illinois during a bonafide emergency or in
23 immediate preparation for or during interstate transit;
24 (e) The incidental care of the sick by members of the
25 family, domestic servants or housekeepers, or care of the
26 sick where treatment is by prayer or spiritual means;
27 (f) Persons from being employed as nursing aides,
28 attendants, orderlies, and other auxiliary workers in private
29 homes, long term care facilities, nurseries, hospitals or
30 other institutions;
31 (g) The practice of practical nursing by one who has
32 applied in writing to the Department in form and substance
33 satisfactory to the Department, for a license as a licensed
34 practical nurse and has complied with all the provisions
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1 under Section 13, except the passing of an examination to be
2 eligible to receive such license, until: the decision of the
3 Department that the applicant has failed to pass the next
4 available examination authorized by the Department, or
5 failed, without an approved excuse, to take the next
6 available examination authorized by the Department, or the
7 withdrawal of the application. No applicant for licensure
8 practicing under the provisions of this paragraph shall
9 practice practical nursing except under the direct
10 supervision of a registered professional nurse licensed under
11 this Act or a licensed physician, dentist or podiatrist. In
12 no instance shall any such applicant practice or be employed
13 in any supervisory capacity;
14 (h) The practice of practical nursing by one who is a
15 licensed practical nurse under the laws of another U.S.
16 jurisdiction and has applied in writing to the Department, in
17 form and substance satisfactory to the Department, for a
18 license as a licensed practical nurse and who is qualified to
19 receive such license under Section 13, until: (1) the
20 expiration of 6 months after the filing of such written
21 application, or (2) the withdrawal of such application, or
22 (3) the denial of such application by the Department;
23 (i) The practice of professional nursing by one who has
24 applied in writing to the Department in form and substance
25 satisfactory to the Department for a license as a registered
26 professional nurse and has complied with all the provisions
27 under Section 12 except the passing of an examination to be
28 eligible to receive such license until: the decision of the
29 Department that the applicant has failed to pass the next
30 available examination authorized by the Department, or
31 failed, without an approved excuse, to take the next
32 available examination authorized by the Department or the
33 withdrawal of the application. No applicant for licensure
34 practicing under the provisions of this paragraph shall
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1 practice professional nursing except under the direct
2 supervision of a registered professional nurse licensed under
3 this Act. In no instance shall any such applicant practice
4 or be employed in any supervisory capacity;
5 (j) The practice of professional nursing by one who is a
6 registered professional nurse under the laws of another
7 state, territory of the United States or Country and has
8 applied in writing to the Department, in form and substance
9 satisfactory to the Department, for a license as a registered
10 professional nurse and who is qualified to receive such
11 license under Section 12, until: (1) the expiration of 12
12 months after the filing of such written application, or (2)
13 the withdrawal of such application, or (3) the denial of such
14 application by the Department;
15 (k) The practice of professional nursing which is
16 included in a program of study by one who is a registered
17 professional nurse under the laws of another state or
18 territory of the United States or foreign country, territory
19 or province and who is enrolled in a graduate nursing
20 education program or a program for the completion of a
21 baccalaureate nursing degree in this State which program
22 includes clinical supervision by faculty as determined by the
23 educational institution offering the program and the health
24 care organization where the practice of nursing occurs. The
25 educational institution will file with the Department each
26 academic term a list of the names and origin of license of
27 all professional nurses practicing nursing as part of their
28 programs under this provision; or
29 (l) Any person licensed in this State under any other
30 Act from engaging in the practice for which she or he is
31 licensed.
32 An applicant for license practicing under the exceptions
33 set forth in subparagraphs (g), (h), (i), and (j) of this
34 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
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1 Pend. respectively and no other.
2 (Source: P.A. 85-981.)
3 (225 ILCS 65/4.1 new)
4 Sec. 4.1. Task Force. The Governor shall appoint a task
5 force to be convened by the Illinois Department of
6 Professional Regulation to study the roles, responsibilities,
7 training, competency, and supervision of persons who are
8 employed to assist a nurse, including nursing aides,
9 attendants, orderlies, and other auxiliary workers in private
10 homes, long term care facilities, nurseries, hospitals, and
11 other institutions. The purpose of the task force shall be
12 to determine if there is a need for regulation of such
13 persons by the Department.
14 The task force shall be comprised of 9 members. The task
15 force members shall represent various nursing and health care
16 provider organizations in Illinois, including, but not
17 limited to, a representative from the Illinois Nurses
18 Association, Illinois Organization of Nurse Leaders, Illinois
19 Hospital and Health Systems Association, Illinois Health Care
20 Association, Illinois Coalition of Nursing Organizations,
21 Life Services Network, Licensed Practical Nursing Association
22 of Illinois, Certified Nurse Aide Educators, and Illinois
23 Homecare Council.
24 The task force shall report its findings and
25 recommendations to the Governor by January 1, 1999.
26 (225 ILCS 65/28) (from Ch. 111, par. 3528)
27 Sec. 28. Intoxication and drug abuse.
28 (a) A professional assistance program for nurses shall
29 be established by January 1, 1999.
30 (b) The Director shall appoint a task force to advise in
31 the creation of the assistance program. The task force shall
32 include members of the Department and professional nurses,
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1 and shall report its findings and recommendations to the
2 Committee on Nursing.
3 (c) Any registered professional nurse who is an
4 administrator or officer in any hospital, nursing home, other
5 health care agency or facility, or nurse agency and has
6 knowledge of any action or condition which reasonably
7 indicates to her or him that a registered professional nurse
8 or licensed practical nurse employed by or practicing nursing
9 in such hospital, nursing home, other health care agency or
10 facility, or nurse agency is habitually intoxicated or
11 addicted to the use of habit-forming drugs to the extent that
12 such intoxication or addiction adversely affects such nurses'
13 professional performance, or unlawfully possesses, uses,
14 distributes or converts habit-forming drugs belonging to the
15 hospital, nursing home or other health care agency or
16 facility for such nurses' own use, shall promptly file a
17 written report thereof to the Department; provided however,
18 an administrator or officer need not file the report if the
19 nurse participates in a course of remedial professional
20 counseling or medical treatment for substance abuse, as long
21 as such nurse actively pursues such treatment under
22 monitoring by the administrator or officer or by the
23 hospital, nursing home, health care agency or facility, or
24 nurse agency and the nurse continues to be employed by such
25 hospital, nursing home, health care agency or facility, or
26 nurse agency. The Department shall review all reports
27 received by it in a timely manner. Its initial review shall
28 be completed no later than 60 days after receipt of the
29 report. Within this 60 day period, the Department shall, in
30 writing, make a determination as to whether there are
31 sufficient facts to warrant further investigation or action.
32 Should the Department find insufficient facts to warrant
33 further investigation, or action, the report shall be
34 accepted for filing and the matter shall be deemed closed and
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1 so reported.
2 Should the Department find sufficient facts to warrant
3 further investigation, such investigation shall be completed
4 within 60 days of the date of the determination of sufficient
5 facts to warrant further investigation or action. Final
6 action shall be determined no later than 30 days after the
7 completion of the investigation. If there is a finding which
8 verifies habitual intoxication or drug addiction which
9 adversely affects professional performance or the unlawful
10 possession, use, distribution or conversion of habit-forming
11 drugs by the reported nurse, the Department may refuse to
12 issue or renew or may suspend or revoke that nurse's nurses's
13 license as a registered professional nurse or a licensed
14 practical nurse.
15 Any of the aforementioned actions or a determination that
16 there are insufficient facts to warrant further investigation
17 or action shall be considered a final action. The nurse
18 administrator or officer who filed the original report or
19 complaint, and the nurse who is the subject of the report,
20 shall be notified in writing by the Department within 15 days
21 of any final action taken by the Department.
22 Each year on March 1, commencing with the effective date
23 of this Act, the Department shall submit a report to the
24 General Assembly. The report shall include the number of
25 reports made under this Section to the Department during the
26 previous year, the number of reports reviewed and found
27 insufficient to warrant further investigation, the number of
28 reports not completed and the reasons for incompletion. This
29 report shall be made available also to nurses requesting the
30 report.
31 Any person making a report under this Section or in good
32 faith assisting another person in making such a report shall
33 have immunity from any liability, either criminal or civil,
34 that might result by reason of such action. For the purpose
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1 of any legal proceeding, criminal or civil, there shall be a
2 rebuttable presumption that any person making a report under
3 this Section or assisting another person in making such
4 report was acting in good faith. All such reports and any
5 information disclosed to or collected by the Department
6 pursuant to this Section shall remain confidential records of
7 the Department and shall not be disclosed nor be subject to
8 any law or regulation of this State relating to freedom of
9 information or public disclosure of records.
10 (Source: P.A. 85-981; 86-1472.)".