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90_HB1077
225 ILCS 65/3 from Ch. 111, par. 3503
225 ILCS 65/7 from Ch. 111, par. 3507
225 ILCS 65/24 from Ch. 111, par. 3524
225 ILCS 65/28 from Ch. 111, par. 3528
Amends the Illinois Nursing Act of 1987. Provides that
the Committee is authorized to appoint a Committee member as
liaison to the Program. Provides that moneys in that Fund
shall be used to fund an Assistance Program for Nurses.
Provides that if a registered professional nurse who is an
administrator or officer in a health care facility believes
that a nurse is addicted to habit-forming drugs or alcohol or
unlawfully uses or possesses certain drugs, he or she shall
report it to the Assistance Program for Nurses rather than to
the Department. Provides that the nurse shall not be
reported to the Department unless he or she fails to meet
established criteria for participation in the
non-disciplinary alternative program for substance abuse.
Provides that the nurse may self-refer to the Assistance
Program.
LRB9001267LDdvA
LRB9001267LDdvA
1 AN ACT to amend the Illinois Nursing act of 1987 by
2 changing Sections 3, 7, 24, and 28.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Nursing Act of 1987 is amended
6 by changing Sections 3, 7, 24, and 28 as follows:
7 (225 ILCS 65/3) (from Ch. 111, par. 3503)
8 Sec. 3. Each of the following terms, when used in this
9 Act, shall have the meaning ascribed to it in this Section,
10 except where the context clearly indicates otherwise:
11 (a) "Department" means the Department of Professional
12 Regulation;
13 (b) "Director" means the Director of the Department of
14 Professional Regulation;
15 (c) "Committee" means the Committee on Nursing appointed
16 by the Director;
17 (d) "Academic year" means the customary annual schedule
18 of courses at a college, university or approved school,
19 customarily regarded as the school year as distinguished from
20 the calendar year;
21 (e) "Approved program of professional nursing education"
22 and "approved program of practical nursing education" are
23 programs of professional or practical nursing, respectively,
24 approved by the Department under the provisions of this Act;
25 (f) "Nursing Coordinator" means a registered
26 professional nurse appointed by the Director to carry out the
27 administrative policies of the Department;
28 (g) "Assistant Nursing Coordinator" means a registered
29 professional nurse appointed by the Director to assist in
30 carrying out the administrative policies of the Department;
31 (h) "Registered" is the equivalent of "licensed";
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1 (i) "Practical nurse" or "licensed practical nurse"
2 means a person who is licensed as a practical nurse under
3 this Act and practices practical nursing as defined in
4 paragraph (j) of this Section. Only a practical nurse
5 licensed under this Act is entitled to use the title
6 "licensed practical nurse" and the abbreviation "L.P.N.";
7 (j) "Practical nursing" means the performance, for
8 compensation, of acts in the care of the ill, injured, or
9 infirmed, selected by and performed under the direction of a
10 registered professional nurse, licensed physician, dentist,
11 or podiatrist, requiring the basic nursing skill, judgment,
12 and knowledge acquired by means of a completed course of
13 study in an approved practical nursing education program;
14 (k) "Registered Nurse" or "Registered Professional
15 Nurse" means a person who is licensed as a professional nurse
16 under this Act and practices nursing as defined in paragraph
17 (l) of this Section. Only a registered nurse licensed under
18 this Act is entitled to use the titles "registered nurse" and
19 "registered professional nurse" and the abbreviation, "R.N.";
20 (l) "Professional nursing" includes all its specialties,
21 and means the performance for compensation of any nursing
22 act, (1) in the nursing evaluation, observation, care, and
23 counsel of the ill, injured, or infirmed; (2) in the
24 maintenance of health or prevention of illness of others; (3)
25 the administration of medications and treatments as
26 prescribed by a licensed physician, dentist, or podiatrist;
27 or (4) any act in the supervision or teaching of nursing,
28 which requires substantial, specialized judgment and skill
29 the proper performance of which is based on knowledge and
30 application of the principles of biological, physical, and
31 social science acquired by means of a completed course in an
32 approved school of professional nursing. The foregoing shall
33 not be deemed to include those acts of medical diagnosis or
34 prescription of therapeutic or corrective measures which are
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1 properly performed only by physicians licensed in the State
2 of Illinois; and
3 (m) "Current nursing practice update course" means a
4 planned nursing education curriculum approved by the
5 Department consisting of activities which have educational
6 objectives, instructional methods, content or subject matter,
7 clinical practice, and evaluation methods, related to basic
8 review and updating content and specifically planned for
9 those nurses previously licensed in the United States or its
10 territories and preparing for reentry into nursing practice.
11 "Professional assistance program for nurses" means a
12 professional assistance program that meets criteria
13 established by the Board of Nursing and that provides a
14 non-disciplinary treatment approach for nurses licensed under
15 this Act whose ability to practice is compromised by alcohol
16 or chemical substances addiction. This program shall be
17 administered through a contract with the Department.
18 (Source: P.A. 85-981.)
19 (225 ILCS 65/7) (from Ch. 111, par. 3507)
20 Sec. 7. (a) The Director shall appoint the Committee
21 which shall be composed of 9 registered professional nurses,
22 2 licensed practical nurses and one public member who shall
23 be a non-voting member and who is not a licensed health care
24 provider. Three registered nurses shall hold at least a
25 master's degree in nursing and be educators in professional
26 nursing programs, one representing baccalaureate nursing
27 education, one representing associate degree nursing
28 education, and one representing diploma education; one
29 registered nurse shall hold at least a bachelor's degree with
30 a major in nursing and be an educator in a licensed practical
31 nursing program; one registered nurse shall hold a master's
32 degree in nursing and shall represent nursing service
33 administration; 2 registered nurses shall represent clinical
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1 nursing practice, one of whom shall have at least a master's
2 degree in nursing; and 2 registered nurses shall represent
3 advanced specialty practice. Each of the 11 nurses shall have
4 had a minimum of 5 years experience in nursing, three of
5 which shall be in the area they represent on the committee
6 and be actively engaged in the area of nursing they represent
7 at the time of appointment and during their tenure on the
8 Committee. Members shall be appointed for a term of 3 years.
9 No member shall be eligible for appointment to more than 2
10 consecutive terms and any appointment to fill a vacancy shall
11 be for the unexpired portion of the term. In making
12 Committee appointments, the Director shall give consideration
13 to recommendations submitted by nursing organizations.
14 Consideration shall be given to equal geographic
15 representation. The Committee shall receive actual and
16 necessary expenses incurred in the performance of their
17 duties.
18 In making the initial appointments, the Director shall
19 appoint all new members for terms of 2, 3 and 4 years and
20 such terms shall be staggered as follows: 3 shall be
21 appointed for terms of 2 years; 3 shall be appointed for
22 terms of 3 years, and 3 shall be appointed for terms of 4
23 years. However, such appointment shall be made in a manner
24 so that each member appointed prior to January 1, 1987, whose
25 current appointed term has not expired, will be allowed to
26 serve out the remainder of his or her term.
27 The Director may remove any member of the committee for
28 misconduct, incapacity or neglect of duty. The Director
29 shall reduce to writing any causes for removal.
30 The Committee shall meet annually to elect a chairperson
31 and vice chairperson. The Committee may hold such other
32 meetings during the year as may be necessary to conduct its
33 business. Six voting members of the Committee shall
34 constitute a quorum at any meeting. Any action taken by the
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1 Committee must be on the affirmative vote of 6 members.
2 Voting by proxy shall not be permitted.
3 The Committee shall submit an annual report to the
4 Director.
5 The members of the Committee shall be immune from suit in
6 any action based upon any disciplinary proceedings or other
7 acts performed in good faith as members of the Committee.
8 (b) The Committee is authorized to:
9 (1) recommend the adoption and, from time to time,
10 the revision of such rules and regulations which may be
11 necessary to carry out the provisions of this Act;
12 (2) conduct hearings and disciplinary conferences
13 upon charges calling for discipline of a licensee as
14 provided in Section 25;
15 (3) report to the Department, upon completion of a
16 hearing, the disciplinary actions recommended to be taken
17 against persons violating this Act;
18 (4) recommend the approval, denial of approval,
19 withdrawal of approval, or discipline of nursing
20 education programs;
21 (5) participate in a national organization of state
22 boards of nursing; and
23 (6) recommend a list of the registered nurses to
24 serve as nursing coordinator and assistant nursing
25 coordinator respectively; and.
26 (7) appoint a Committee member as liaison to the
27 Assistance Program for Nurses.
28 (Source: P.A. 87-268.)
29 (225 ILCS 65/24) (from Ch. 111, par. 3524)
30 Sec. 24. There is hereby created within the State
31 Treasury the Nursing Dedicated and Professional Fund. The
32 monies in the Fund shall be used by and at the direction of
33 the Department for the administration and enforcement of this
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1 Act, including but not limited to:
2 (a) Distribution and publication of "The Illinois
3 Nursing Act" and the rules and regulations at the time of
4 renewal to all Registered Professional Nurses and
5 Licensed Practical Nurses licensed by the Department.;
6 (b) Employment of secretarial, nursing,
7 administrative, enforcement and research assistance for
8 the administration of this Act. After January 1, 1991,
9 the Director shall employ, in conformity with the
10 Personnel Code, one full-time investigator for every
11 10,000 nurses licensed to practice in the State.;
12 (c) Surveying, every license renewal period, the
13 nurse population of Illinois, its employment, earnings,
14 distribution, education and other professional and
15 demographic characteristics, and for the publication and
16 distribution of the survey.; and
17 (d) Conducting of training seminars for licensees
18 under this Act relating to the obligations,
19 responsibilities, enforcement and other provisions of the
20 Act and the regulations thereunder.
21 (e) Disposition of Fees:
22 (i) Until January 1, 1991, 50% of the fees
23 collected pursuant to this Act shall be deposited in
24 the Nursing Dedicated and Professional Fund and 50%
25 shall be deposited in the General Revenue Fund.
26 (ii) On or after January 1, 1991, all of the
27 fees collected pursuant to this Act shall be
28 deposited in the Nursing Dedicated and Professional
29 Fund.
30 For the fiscal year beginning July 1, 1988, the monies
31 deposited in the Nursing Dedicated and Professional Fund
32 shall be appropriated to the Department for expenses of the
33 Department and the Committee in the administration of this
34 Act. All earnings received from investment of monies in the
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1 Nursing Dedicated and Professional Fund shall be deposited in
2 the Nursing Dedicated and Professional Fund and shall be used
3 for the same purposes as fees deposited in the Fund.
4 For the fiscal year beginning July 1, 1991 and for each
5 fiscal year thereafter, either 10% of the monies deposited in
6 the Nursing Dedicated and Professional Fund each year, not
7 including interest accumulated on such monies, or any monies
8 deposited in the Fund in each year which are in excess of the
9 amount appropriated in that year to meet ordinary and
10 contingent expenses of the Committee, whichever is less,
11 shall be set aside and appropriated to the Illinois
12 Department of Public Health for nursing scholarships awarded
13 pursuant to the Nursing Education Scholarship Law.
14 Moneys in the Fund may be transferred to the Professions
15 Indirect Cost Fund as authorized under Section 61e of the
16 Civil Administrative Code of Illinois.
17 In addition to any other permitted use of moneys in the
18 Fund, and notwithstanding any restriction on the use of the
19 Fund, moneys in the Nursing Dedicated and Professional Fund
20 may be transferred to the General Revenue Fund as authorized
21 by this amendatory Act of 1992. The General Assembly finds
22 that an excess of moneys exists in the Fund. On February 1,
23 1992, the Comptroller shall order transferred and the
24 Treasurer shall transfer $200,000 (or such lesser amount as
25 may be on deposit in the Fund and unexpended and unobligated
26 on that date) from the Fund to the General Revenue Fund.
27 (f) Funding of an Assistance Program for Nurses.
28 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
29 89-626, eff. 8-9-96.)
30 (225 ILCS 65/28) (from Ch. 111, par. 3528)
31 Sec. 28. Any registered professional nurse who is an
32 administrator or officer in any hospital, nursing home, other
33 health care agency or facility, or nurse agency and has
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1 knowledge of any action or condition which reasonably
2 indicates to her or him that a registered professional nurse
3 or licensed practical nurse employed by or practicing nursing
4 in such hospital, nursing home, other health care agency or
5 facility, or nurse agency is habitually intoxicated or
6 addicted to the use of habit-forming drugs to the extent that
7 such intoxication or addiction adversely affects such nurses'
8 professional performance, or unlawfully possesses, uses,
9 distributes or converts habit-forming drugs belonging to the
10 hospital, nursing home or other health care agency or
11 facility for such nurses' own use, shall promptly file a
12 written report thereof to the Assistance Program for Nurses.
13 Additionally, the nurse on his or her own behalf, may
14 self-refer to the Assistance Program. Any information,
15 report, or record that the Assistance Program for Nurses
16 receives, gathers, or maintains shall be confidential.
17 Except as prescribed in this Section, a person may not
18 disclose any information, report, or record without the
19 written approval of the impaired nurse. Information that is
20 confidential may be disclosed: (1) at a disciplinary hearing
21 before a licensing or disciplinary authority in which the
22 authority considers taking disciplinary action against an
23 impaired nurse whom the Board has referred to an assistance
24 program; (2) at an appeal from a disciplinary action or order
25 imposed by a licensing or disciplinary authority; (3) to
26 qualified personnel for bona fide research or educational
27 purposes only after information that would identify
28 individuals is removed; or (4) to health care personnel to
29 whom the program or Board has referred the impaired nurse for
30 treatment. The Assistance Program is a non-disciplinary
31 alternative program, separate from the Illinois Department of
32 Professional Regulation, but contracting with the Department
33 and accountable to the Department for the management of
34 nurses who meet program requirements. Should the registered
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1 professional nurse or licensed practical nurse meet
2 established criteria for participation in the
3 non-disciplinary alternative program for substance abuse, the
4 nurse need not be reported to the Department provided the
5 nurse actively pursues all treatment and monitoring required
6 by the Assistance Program. Should the nurse not comply with
7 the program requirements, a report will be filed by the
8 Program to the Department. the Department; provided however,
9 an administrator or officer need not file the report if the
10 nurse participates in a course of remedial professional
11 counseling or medical treatment for substance abuse, as long
12 as such nurse actively pursues such treatment under
13 monitoring by the administrator or officer or by the
14 hospital, nursing home, health care agency or facility, or
15 nurse agency and the nurse continues to be employed by such
16 hospital, nursing home, health care agency or facility, or
17 nurse agency. The Department shall review all reports
18 received by it in a timely manner. Its initial review shall
19 be completed no later than 60 days after receipt of the
20 report. Within this 60 day period, the Department shall, in
21 writing, make a determination as to whether there are
22 sufficient facts to warrant further investigation or action.
23 Should the Department find insufficient facts to warrant
24 further investigation, or action, the report shall be
25 accepted for filing and the matter shall be deemed closed and
26 so reported.
27 Should the Department find sufficient facts to warrant
28 further investigation, such investigation shall be completed
29 within 60 days of the date of the determination of sufficient
30 facts to warrant further investigation or action. Final
31 action shall be determined no later than 30 days after the
32 completion of the investigation. If there is a finding which
33 verifies habitual intoxication or drug addiction which
34 adversely affects professional performance or the unlawful
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1 possession, use, distribution or conversion of habit-forming
2 drugs by the reported nurse, the Department may refuse to
3 issue or renew or may suspend or revoke that nurses's license
4 as a registered professional nurse or a licensed practical
5 nurse.
6 Any of the aforementioned actions or a determination that
7 there are insufficient facts to warrant further investigation
8 or action shall be considered a final action. The nurse
9 administrator or officer who filed the original report or
10 complaint, and the nurse who is the subject of the report,
11 shall be notified in writing by the Department within 15 days
12 of any final action taken by the Department.
13 Each year on March 1, commencing with the effective date
14 of this Act, the Department shall submit a report to the
15 General Assembly. The report shall include the number of
16 reports made under this Section to the Department during the
17 previous year, the number of reports reviewed and found
18 insufficient to warrant further investigation, the number of
19 reports not completed and the reasons for incompletion. This
20 report shall be made available also to nurses requesting the
21 report.
22 Any person making a report under this Section or in good
23 faith assisting another person in making such a report shall
24 have immunity from any liability, either criminal or civil,
25 that might result by reason of such action. For the purpose
26 of any legal proceeding, criminal or civil, there shall be a
27 rebuttable presumption that any person making a report under
28 this Section or assisting another person in making such
29 report was acting in good faith. All such reports and any
30 information disclosed to or collected by the Department
31 pursuant to this Section shall remain confidential records of
32 the Department and shall not be disclosed nor be subject to
33 any law or regulation of this State relating to freedom of
34 information or public disclosure of records.
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1 (Source: P.A. 85-981; 86-1472.)