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90_SB1585enr
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Amends the Illinois Nursing Act of 1987. Renames the Act
as the Nursing and Advanced Practice Nursing Act.
Reorganizes certain provisions and renumbers Sections within
the Act. Adds the Advanced Practice Registered Nurses Title
to provide for the licensure of advanced practice registered
nurses meeting specified requirements. Restricts the
practice of advanced practice registered nursing to the terms
of written collaborative and interactive team agreements
entered into with physicians licensed to practice medicine in
all its branches. Makes other changes. Amends the Medical
Practice Act of 1987 to set forth the circumstances under
which a physician licensed to practice medicine in all its
branches may delegate certain duties to physician assistants
and advanced practice registered nurses. Amends the Pharmacy
Practice Act of 1987 and the Illinois Controlled Substances
Act to expand the definition of "prescription" under each Act
to include orders for drugs issued by advanced practice
registered nurses under specified conditions. Amends the
Physician Assistant Practice Act of 1987 to provide that the
delegation of physician duties to a physician assistant shall
not limit the delegation of duties by a physician to other
personnel. Amends the Illinois Clinical Laboratory and Blood
Bank Act to add advanced practice registered nurses to the
list of persons at whose request a clinical laboratory may
examine specimens. Effective July 1, 1998.
LRB9011272NTsb
SB1585 Enrolled LRB9011272NTsb
1 AN ACT concerning medicine.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. The Mental Health and Developmental
5 Disabilities Administrative Act is amended by changing
6 Section 56 as follows:
7 (20 ILCS 1705/56) (from Ch. 91 1/2, par. 100-56)
8 Sec. 56. The Secretary, upon making a determination
9 based upon information in the possession of the Department,
10 that continuation in practice of a licensed health care
11 professional would constitute an immediate danger to the
12 public, shall submit a written communication to the Director
13 of Professional Regulation indicating such determination and
14 additionally providing a complete summary of the information
15 upon which such determination is based, and recommending that
16 the Director of Professional Regulation immediately suspend
17 such person's license. All relevant evidence, or copies
18 thereof, in the Department's possession may also be submitted
19 in conjunction with the written communication. A copy of
20 such written communication, which is exempt from the copying
21 and inspection provisions of The Freedom of Information Act,
22 shall at the time of submittal to the Director of
23 Professional Regulation be simultaneously mailed to the last
24 known business address of such licensed health care
25 professional by certified or registered postage, United
26 States Mail, return receipt requested. Any evidence, or
27 copies thereof, which is submitted in conjunction with the
28 written communication is also exempt from the copying and
29 inspection provisions of The Freedom of Information Act.
30 For the purposes of this Section, "licensed health care
31 professional" means any person licensed under the Illinois
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1 Dental Practice Act, the Illinois Nursing and Advanced
2 Practice Nursing Act of 1987, the Medical Practice Act of
3 1987, the Pharmacy Practice Act of 1987, the Podiatric
4 Medical Practice Act of 1987, and the Illinois Optometric
5 Practice Act of 1987.
6 (Source: P.A. 89-507, eff. 7-1-97.)
7 Section 2. The Civil Administrative Code of Illinois is
8 amended by changing Sections 55.37a and 55.62a as follows:
9 (20 ILCS 2310/55.37a) (from Ch. 127, par. 55.37a)
10 Sec. 55.37a. The Director of Public Health, upon making
11 a determination based upon information in the possession of
12 the Department, that continuation in practice of a licensed
13 health care professional would constitute an immediate danger
14 to the public, shall submit a written communication to the
15 Director of the Department of Professional Regulation
16 indicating such determination and additionally providing a
17 complete summary of the information upon which such
18 determination is based, and recommending that the Director of
19 Professional Regulation immediately suspend such person's
20 license. All relevant evidence, or copies thereof, in the
21 Department's possession may also be submitted in conjunction
22 with the written communication. A copy of such written
23 communication, which is exempt from the copying and
24 inspection provisions of The Freedom of Information Act,
25 shall at the time of submittal to the Director of the
26 Department of Professional Regulation be simultaneously
27 mailed to the last known business address of such licensed
28 health care professional by certified or registered postage,
29 United States Mail, return receipt requested. Any evidence,
30 or copies thereof, which is submitted in conjunction with the
31 written communication is also exempt for the copying and
32 inspection provisions of The Freedom of Information Act.
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1 For the purposes of this Section "licensed health care
2 professional" means any person licensed under the Illinois
3 Dental Practice Act, the Illinois Nursing and Advanced
4 Practice Nursing Act of 1987, the Medical Practice Act of
5 1987, the Pharmacy Practice Act of 1987, the Podiatric
6 Medical Practice Act of 1987, and the Illinois Optometric
7 Practice Act of 1987.
8 (Source: P.A. 85-1209.)
9 (20 ILCS 2310/55.62a)
10 Sec. 55.62a. Advisory Panel on Minority Health.
11 (a) In this Section:
12 "Health profession" means any health profession regulated
13 under the laws of this State, including, without limitation,
14 professions regulated under the Illinois Athletic Trainers
15 Practice Act, the Clinical Psychologist Licensing Act, the
16 Clinical Social Work and Social Work Practice Act, the
17 Illinois Dental Practice Act, the Dietetic and Nutrition
18 Services Practice Act, the Marriage and Family Therapy
19 Licensing Act, the Medical Practice Act of 1987, the
20 Naprapathic Practice Act, the Illinois Nursing and Advanced
21 Practice Nursing Act of 1987, the Illinois Occupational
22 Therapy Practice Act, the Illinois Optometric Practice Act of
23 1987, the Illinois Physical Therapy Act, the Physician
24 Assistant Practice Act of 1987, the Podiatric Medical
25 Practice Act of 1987, the Professional Counselor and Clinical
26 Professional Counselor Licensing Act, and the Illinois
27 Speech-Language Pathology and Audiology Practice Act.
28 "Minority" has the same meaning as in Section 55.62.
29 (b) The General Assembly finds as follows:
30 (1) The health status of individuals from ethnic
31 and racial minorities in this State is significantly
32 lower than the health status of the general population of
33 the State.
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1 (2) Minorities suffer disproportionately high rates
2 of cancer, stroke, heart disease, diabetes, sickle-cell
3 anemia, lupus, substance abuse, acquired immune
4 deficiency syndrome, other diseases and disorders,
5 unintentional injuries, and suicide.
6 (3) The incidence of infant mortality among
7 minorities is almost double that for the general
8 population.
9 (4) Minorities suffer disproportionately from lack
10 of access to health care and poor living conditions.
11 (5) Minorities are under-represented in the health
12 care professions.
13 (6) Minority participation in the procurement
14 policies of the health care industry is lacking.
15 (7) Minority health professionals historically have
16 tended to practice in low-income areas and to serve
17 minorities.
18 (8) National experts on minority health report that
19 access to health care among minorities can be
20 substantially improved by increasing the number of
21 minority health professionals.
22 (9) Increasing the number of minorities serving on
23 the facilities of health professional schools is an
24 important factor in attracting minorities to pursue a
25 career in health professions.
26 (10) Retaining minority health professionals
27 currently practicing in this State and those receiving
28 training and education in this State is an important
29 factor in maintaining and increasing the number of
30 minority health professionals in Illinois.
31 (11) An Advisory Panel on Minority Health is
32 necessary to address the health issues affecting
33 minorities in this State.
34 (c) The General Assembly's intent is as follows:
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1 (1) That all Illinoisans have access to health
2 care.
3 (2) That the gap between the health status of
4 minorities and other Illinoisans be closed.
5 (3) That the health issues that disproportionately
6 affect minorities be addressed to improve the health
7 status of minorities.
8 (4) That the number of minorities in the health
9 professions be increased.
10 (d) The Advisory Panel on Minority Health is created.
11 The Advisory Panel shall consist of 25 members appointed by
12 the Director of Public Health. The members shall represent
13 health professions and the General Assembly.
14 (e) The Advisory Panel shall assist the Department in
15 the following manner:
16 (1) Examination of the following areas as they
17 relate to minority health:
18 (A) Access to health care.
19 (B) Demographic factors.
20 (C) Environmental factors.
21 (D) Financing of health care.
22 (E) Health behavior.
23 (F) Health knowledge.
24 (G) Utilization of quality care.
25 (H) Minorities in health care professions.
26 (2) Development of monitoring, tracking, and
27 reporting mechanisms for programs and services with
28 minority health goals and objectives.
29 (3) Communication with local health departments,
30 community-based organizations, voluntary health
31 organizations, and other public and private organizations
32 statewide, on an ongoing basis, to learn more about their
33 services to minority communities, the health problems of
34 minority communities, and their ideas for improving
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1 minority health.
2 (4) Promotion of communication among all State
3 agencies that provide services to minority populations.
4 (5) Building coalitions between the State and
5 leadership in minority communities.
6 (6) Encouragement of recruitment and retention of
7 minority health professionals.
8 (7) Improvement in methods for collecting and
9 reporting data on minority health.
10 (8) Improvement in accessibility to health and
11 medical care for minority populations in under-served
12 rural and urban areas.
13 (9) Reduction of communication barriers for
14 non-English speaking residents.
15 (10) Coordination of the development and
16 dissemination of culturally appropriate and sensitive
17 education material, public awareness messages, and health
18 promotion programs for minorities.
19 (f) On or before January 1, 1997 the Advisory Panel
20 shall submit an interim report to the Governor and the
21 General Assembly. The interim report shall include an update
22 on the Advisory Panel's progress in performing its functions
23 under this Section and shall include recommendations,
24 including recommendations for any necessary legislative
25 changes.
26 On or before January 1, 1998 the Advisory Panel shall
27 submit a final report to the Governor and the General
28 Assembly. The final report shall include the following:
29 (1) An evaluation of the health status of
30 minorities in this State.
31 (2) An evaluation of minority access to health care
32 in this State.
33 (3) Recommendations for improving the health status
34 of minorities in this State.
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1 (4) Recommendations for increasing minority access
2 to health care in this State.
3 (5) Recommendations for increasing minority
4 participation in the procurement policies of the health
5 care industry.
6 (6) Recommendations for increasing the number of
7 minority health professionals in this State.
8 (7) Recommendations that will ensure that the
9 health status of minorities in this State continues to be
10 addressed beyond the expiration of the Advisory Panel.
11 (Source: P.A. 89-298, eff. 1-1-96.)
12 Section 3. The Geriatric Medicine Assistance Act is
13 amended by changing Section 2 as follows:
14 (20 ILCS 3945/2) (from Ch. 144, par. 2002)
15 Sec. 2. There is created the Geriatric Medicine
16 Assistance Commission. The Commission shall receive and
17 approve applications for grants from schools, recognized by
18 the Department of Professional Regulation as being authorized
19 to confer doctor of medicine, doctor of osteopathy, doctor of
20 chiropractic or registered professional nursing degrees in
21 the State, to help finance the establishment of geriatric
22 medicine programs within such schools. In determining
23 eligibility for grants, the Commission shall give preference
24 to those programs which exhibit the greatest potential for
25 directly benefiting the largest number of elderly citizens in
26 the State. The Commission may not approve the application of
27 any institution which is unable to demonstrate its current
28 financial stability and reasonable prospects for future
29 stability. No institution which fails to possess and maintain
30 an open policy with respect to race, creed, color and sex as
31 to admission of students, appointment of faculty and
32 employment of staff shall be eligible for grants under this
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1 Act. The Commission shall establish such rules and standards
2 as it deems necessary for the implementation of this Act.
3 The Commission shall be composed of 8 members selected as
4 follows: 2 physicians licensed to practice under the Medical
5 Practice Act of 1987 and specializing in geriatric medicine;
6 a registered professional nurse licensed under the Illinois
7 Nursing and Advanced Practice Nursing Act of 1987 and
8 specializing in geriatric health care medicine; 2
9 representatives of organizations interested in geriatric
10 medicine or the care of the elderly; and 3 individuals 60 or
11 older who are interested in geriatric health care medicine or
12 the care of the elderly. The members of the Commission shall
13 be selected by the Governor from a list of recommendations
14 submitted to him by organizations concerned with geriatric
15 medicine or the care of the elderly.
16 The terms of the members of the Commission shall be 4
17 years, except that of the members initially appointed, 2
18 shall be designated to serve until January 1, 1986, 3 until
19 January 1, 1988, and 2 until January 1, 1990. Members of the
20 Commission shall receive no compensation, but shall be
21 reimbursed for actual expenses incurred in carrying out their
22 duties.
23 (Source: P.A. 85-1209.)
24 Section 4. The Baccalaureate Assistance Law for
25 Registered Nurses is amended by changing Section 3 as
26 follows:
27 (110 ILCS 915/3) (from Ch. 144, par. 1403)
28 Sec. 3. Definitions. The following terms, whenever used
29 or referred to, have the following meanings except where the
30 context clearly indicates otherwise:
31 (a) "Board" means: the Board of Higher Education created
32 by "An Act creating a Board of Higher Education, defining its
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1 powers and duties, making an appropriation therefor, and
2 repealing an Act therein named", approved August 22, 1961, as
3 now or hereafter amended.
4 (b) "Department" means: the Illinois Department of
5 Public Health.
6 (c) "Approved institution" means: a college or
7 university located in this State which has National League
8 for Nursing accreditation for the baccalaureate degree
9 program in nursing.
10 (d) "Enrollment" means: the establishment and
11 maintenance of an individual's status as a student in an
12 approved institution, regardless of the terms used at the
13 institution to describe such status.
14 (e) "Academic year" means: the period of time from
15 September 1 of one year through August 31 of the next year.
16 (f) "Registered Nurse" or "professional nurse" means: a
17 nurse holding a valid existing license in good standing as a
18 registered professional nurse issued by the Department of
19 Professional Regulation under the Illinois Nursing and
20 Advanced Practice Nursing Act of 1987.
21 (g) "Regions" means: the official and uniform state
22 planning and administrative regions established by the
23 Governor by Executive Order No. 7, dated June 22, 1971, as
24 amended.
25 (h) "Director" means: the Director of the Illinois
26 Department of Public Health.
27 (Source: P.A. 85-1209.)
28 Section 5. The Nursing Education Scholarship Law is
29 amended by changing Section 6 as follows:
30 (110 ILCS 975/6) (from Ch. 144, par. 2756)
31 Sec. 6. Nursing requirements for scholarship recipients.
32 Upon graduation from an associate degree or hospital
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1 based program in professional nursing, baccalaureate degree
2 in nursing program, or other program or course of study any
3 person who accepted a scholarship under Section 5 shall,
4 during the 7 year period immediately following his or her
5 graduation, be employed in this State as a registered
6 professional nurse or licensed practical nurse, as each term
7 defined in the Illinois Nursing and Advanced Practice Nursing
8 Act of 1987, for at least one year for each year of full-time
9 scholarship support received. If the recipient spends up to
10 4 years in military service before or after he or she
11 graduates, the period of military service shall be excluded
12 from the computation of that 7 year period. A recipient who
13 is enrolled in an academic program leading to a graduate
14 degree in nursing shall have the period of graduate study
15 excluded from the computation of that 7 year period.
16 Calendar years of required employment will be
17 proportionally reduced for less than full academic year
18 scholarship support; provided that employment must be at
19 least 17.5 hours per week.
20 Any person who fails to fulfill the nursing employment
21 requirement shall pay to the Department an amount equal to
22 the amount of scholarship funds received per year for each
23 unfulfilled year of the nursing employment requirement,
24 together with interest at 7% per year on the unpaid balance.
25 All repayments must be completed within 6 years from the date
26 of the occurrence initiating the repayment. However, this
27 obligation to repay does not apply when the failure to
28 fulfill the nursing requirement results from involuntarily
29 leaving the profession due to a decrease in the number of
30 nurses employed in the State or from the death or
31 adjudication as incompetent of the person holding the
32 scholarship. No claim for repayment may be filed against the
33 estate of such a decedent or incompetent.
34 Each person applying for such a scholarship shall be
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1 provided with a copy of this Section at the time he or she
2 applies for the benefits of such scholarship.
3 (Source: P.A. 86-1467; 87-577.)
4 Section 6. The Academic Degree Act is amended by
5 changing Section 11 as follows:
6 (110 ILCS 1010/11) (from Ch. 144, par. 241)
7 Sec. 11. Exemptions. This Act shall not apply to any
8 school or educational institution regulated or approved under
9 the Illinois Nursing and Advanced Practice Nursing Act of
10 1987, as heretofore and hereafter amended.
11 This Act shall not apply to any of the following:
12 (a) in-training programs by corporations or other
13 business organizations for the training of their personnel;
14 (b) education or other improvement programs by business,
15 trade and similar organizations and associations for the
16 benefit of their members only; or
17 (c) apprentice or other training programs by labor
18 unions.
19 (Source: P.A. 85-1209.)
20 Section 7. The Ambulatory Surgical Treatment Center Act
21 is amended by adding Section 6.5 as follows:
22 (210 ILCS 5/6.5 new)
23 Sec. 6.5. Clinical privileges; advanced practice nurses.
24 No policy, rule, regulation, or practice of an ambulatory
25 surgical treatment center licensed under this Act shall be
26 inconsistent with the provision of adequate collaboration,
27 including medical direction of licensed advanced practice
28 nurses, in accordance with Section 54.5 of the Medical
29 Practice Act of 1987.
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1 Section 8. The Illinois Clinical Laboratory and Blood
2 Bank Act is amended by changing Section 7-101 as follows:
3 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
4 Sec. 7-101. Examination of specimens. A clinical
5 laboratory shall examine specimens only at the request of (i)
6 a licensed physician, (ii) a licensed dentist, (iii) a
7 licensed podiatrist, (iv) a therapeutic optometrist for
8 diagnostic or therapeutic purposes related to the use of
9 diagnostic topical or therapeutic ocular pharmaceutical
10 agents, as defined in subsections (c) and (d) of Section 15.1
11 of the Illinois Optometric Practice Act of 1987, (v) a
12 licensed physician assistant in accordance with the written
13 guidelines required under subdivision (3) of Section 4 and
14 under Section 7.5 of the Physician Assistant Practice Act of
15 1987, (v-A) an advanced practice nurse in accordance with
16 the written collaborative agreement required under Section
17 15-15 of the Nursing and Advanced Practice Nursing Act, or
18 (vi) an authorized law enforcement agency or, in the case of
19 blood alcohol, at the request of the individual for whom the
20 test is to be performed in compliance with Sections 11-501
21 and 11-501.1 of the Illinois Vehicle Code. If the request
22 to a laboratory is oral, the physician or other authorized
23 person shall submit a written request to the laboratory
24 within 48 hours. If the laboratory does not receive the
25 written request within that period, it shall note that fact
26 in its records.
27 (Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;
28 revised 10-23-97.)
29 Section 9. The Life Care Facilities Act is amended by
30 changing Section 2 as follows:
31 (210 ILCS 40/2) (from Ch. 111 1/2, par. 4160-2)
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1 Sec. 2. As used in this Act, unless the context
2 otherwise requires:
3 (a) "Department" means the Department of Public Health.
4 (b) "Director" means the Director of the Department.
5 (c) "Life care contract" means a contract to provide to
6 a person for the duration of such person's life or for a term
7 in excess of one year, nursing services, medical services or
8 personal care services, in addition to maintenance services
9 for such person in a facility, conditioned upon the transfer
10 of an entrance fee to the provider of such services in
11 addition to or in lieu of the payment of regular periodic
12 charges for the care and services involved.
13 (d) "Provider" means a person who provides services
14 pursuant to a life care contract.
15 (e) "Resident" means a person who enters into a life
16 care contract with a provider, or who is designated in a life
17 care contract to be a person provided with maintenance and
18 nursing, medical or personal care services.
19 (f) "Facility" means a place or places in which a
20 provider undertakes to provide a resident with nursing
21 services, medical services or personal care services, in
22 addition to maintenance services for a term in excess of one
23 year or for life pursuant to a life care contract. The term
24 also means a place or places in which a provider undertakes
25 to provide such services to a non-resident.
26 (g) "Living unit" means an apartment, room or other area
27 within a facility set aside for the exclusive use of one or
28 more identified residents.
29 (h) "Entrance fee" means an initial or deferred transfer
30 to a provider of a sum of money or property, made or promised
31 to be made by a person entering into a life care contract,
32 which assures a resident of services pursuant to a life care
33 contract.
34 (i) "Permit" means a written authorization to enter into
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1 life care contracts issued by the Department to a provider.
2 (j) "Medical services" means those services pertaining
3 to medical or dental care that are performed in behalf of
4 patients at the direction of a physician licensed under the
5 Medical Practice Act of 1987 or a dentist licensed under "the
6 Illinois Dental Practice Act" by such physicians or dentists,
7 or by a registered or licensed practical nurse as defined in
8 the Illinois Nursing and Advanced Practice Nursing Act of
9 1987 or by other professional and technical personnel.
10 (k) "Nursing services" means those services pertaining
11 to the curative, restorative and preventive aspects of
12 nursing care that are performed at the direction of a
13 physician licensed under the Medical Practice Act of 1987 by
14 or under the supervision of a registered or licensed
15 practical nurse as defined in the Illinois Nursing and
16 Advanced Practice Nursing Act of 1987.
17 (l) "Personal care services" means assistance with
18 meals, dressing, movement, bathing or other personal needs or
19 maintenance, or general supervision and oversight of the
20 physical and mental well-being of an individual, who is
21 incapable of maintaining a private, independent residence or
22 who is incapable of managing his person whether or not a
23 guardian has been appointed for such individual.
24 (m) "Maintenance services" means food, shelter and
25 laundry services.
26 (n) "Certificates of Need" means those permits issued
27 pursuant to the Illinois Health Facilities Planning Act as
28 now or hereafter amended.
29 (o) "Non-resident" means a person admitted to a facility
30 who has not entered into a life care contract.
31 (Source: P.A. 85-1440.)
32 Section 10. The Nursing Home Care Act is amended by
33 changing Section 1-118 as follows:
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1 (210 ILCS 45/1-118) (from Ch. 111 1/2, par. 4151-118)
2 Sec. 1-118. "Nurse" means a registered nurse or a
3 licensed practical nurse as defined in the Illinois Nursing
4 and Advanced Practice Nursing Act of 1987, as now or
5 hereafter amended.
6 (Source: P.A. 85-1209)
7 Section 11. The Emergency Medical Services (EMS) Systems
8 Act is amended by changing Section 3.80 as follows:
9 (210 ILCS 50/3.80)
10 Sec. 3.80. Pre-Hospital RN and Emergency Communications
11 Registered Nurse.
12 (a) Emergency Communications Registered Nurse or "ECRN"
13 means a registered professional nurse, licensed under the
14 Illinois Nursing and Advanced Practice Nursing Act of 1987
15 who has successfully completed supplemental education in
16 accordance with rules adopted by the Department, and who is
17 approved by an EMS Medical Director to monitor
18 telecommunications from and give voice orders to EMS System
19 personnel, under the authority of the EMS Medical Director
20 and in accordance with System protocols.
21 Upon the effective date of this amendatory Act of 1995,
22 all existing Registered Professional Nurse/MICNs shall be
23 considered ECRNs.
24 (b) "Pre-Hospital Registered Nurse" or "Pre-Hospital RN"
25 means a registered professional nurse, licensed under the
26 Illinois Nursing and Advanced Practice Nursing Act of 1987
27 who has successfully completed supplemental education in
28 accordance with rules adopted by the Department pursuant to
29 this Act, and who is approved by an EMS Medical Director to
30 practice within an EMS System as emergency medical services
31 personnel for pre-hospital and inter-hospital emergency care
32 and non-emergency medical transports.
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1 Upon the effective date of this amendatory Act of 1995,
2 all existing Registered Professional Nurse/Field RNs shall be
3 considered Pre-Hospital RNs.
4 (c) The Department shall have the authority and
5 responsibility to:
6 (1) Prescribe education and continuing education
7 requirements for Pre-Hospital RN and ECRN candidates
8 through rules adopted pursuant to this Act:
9 (A) Education for Pre-Hospital RN shall
10 include extrication, telecommunications, and
11 pre-hospital cardiac and trauma care;
12 (B) Education for ECRN shall include
13 telecommunications, System standing medical orders
14 and the procedures and protocols established by the
15 EMS Medical Director;
16 (C) A Pre-Hospital RN candidate who is
17 fulfilling clinical training and in-field supervised
18 experience requirements may perform prescribed
19 procedures under the direct supervision of a
20 physician licensed to practice medicine in all of
21 its branches, a qualified registered professional
22 nurse or a qualified EMT, only when authorized by
23 the EMS Medical Director;
24 (D) An EMS Medical Director may impose
25 in-field supervised field experience requirements on
26 System ECRNs as part of their training or continuing
27 education, in which they perform prescribed
28 procedures under the direct supervision of a
29 physician licensed to practice medicine in all of
30 its branches, a qualified registered professional
31 nurse or qualified EMT, only when authorized by the
32 EMS Medical Director;
33 (2) Require EMS Medical Directors to reapprove
34 Pre-Hospital RNs and ECRNs every 4 years, based on
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1 compliance with continuing education requirements
2 prescribed by the Department through rules adopted
3 pursuant to this Act;
4 (3) Allow EMS Medical Directors to grant inactive
5 status to any Pre-Hospital RN or ECRN who qualifies,
6 based on standards and procedures established by the
7 Department in rules adopted pursuant to this Act;
8 (4) Require a Pre-Hospital RN to honor Do Not
9 Resuscitate (DNR) orders and powers of attorney for
10 health care only in accordance with rules adopted by the
11 Department pursuant to this Act and protocols of the EMS
12 System in which he or she practices.
13 (Source: P.A. 89-177, eff. 7-19-95.)
14 Section 12. The Hospice Program Licensing Act is amended
15 by changing Section 3 as follows:
16 (210 ILCS 60/3) (from Ch. 111 1/2, par. 6103)
17 Sec. 3. Definitions. As used in this Act, unless the
18 context otherwise requires:
19 (a) "Bereavement" means the period of time during which
20 the hospice patient's family experiences and adjusts to the
21 death of the hospice patient.
22 (b) "Department" means the Illinois Department of Public
23 Health.
24 (c) "Director" means the Director of the Illinois
25 Department of Public Health.
26 (d) "Full hospice" means a coordinated program of home
27 and inpatient care providing directly, or through agreement,
28 palliative and supportive medical, health and other services
29 to terminally ill patients and their families. A full
30 hospice utilizes a medically directed interdisciplinary
31 hospice care team of professionals and volunteers. The
32 program provides care to meet the physical, psychological,
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1 social, spiritual and other special needs which are
2 experienced during the final stages of illness and during
3 dying and bereavement. Home care is to be provided on a
4 part-time, intermittent, regularly scheduled basis, and on an
5 on-call around-the-clock basis according to patient and
6 family need. To the maximum extent possible, care shall be
7 furnished in the patient's home. Should in-patient care be
8 required, services are to be provided with the intent of
9 minimizing the length of such care and shall only be provided
10 in a hospital licensed under the Hospital Licensing Act, or a
11 skilled nursing facility licensed under the Nursing Home Care
12 Act.
13 (e) "Hospice care team" means an interdisciplinary
14 working unit composed of but not limited to a physician
15 licensed to practice medicine in all of its branches, a nurse
16 licensed pursuant to the Illinois Nursing and Advanced
17 Practice Nursing Act of 1987, a social worker, a pastoral or
18 other counselor, and trained volunteers. The patient and the
19 patient's family are considered members of the hospice care
20 team when development or revision of the patient's plan of
21 care takes place.
22 (f) "Hospice patient" means a terminally ill person
23 receiving hospice services.
24 (g) "Hospice patient's family" means a hospice patient's
25 immediate family consisting of a spouse, sibling, child,
26 parent and those individuals designated as such by the
27 patient for the purposes of this Act.
28 (g-1) "Hospice residence" means a home, apartment
29 building, or similar building providing living quarters:
30 (1) that is owned or operated by a person licensed
31 to operate as a full hospice; and
32 (2) at which hospice services are provided to
33 facility residents.
34 A building that is licensed under the Hospital Licensing
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1 Act or the Nursing Home Care Act is not a hospice residence.
2 (h) "Hospice services" means palliative and supportive
3 care provided to a hospice patient and his family to meet the
4 special need arising out of the physical, emotional,
5 spiritual and social stresses which are experienced during
6 the final stages of illness and during dying and bereavement.
7 Services provided to the terminally ill patient shall be
8 furnished, to the maximum extent possible, in the patient's
9 home. Should inpatient care be required, services are to be
10 provided with the intent of minimizing the length of such
11 care.
12 (i) "Palliative care" means treatment to provide for the
13 reduction or abatement of pain and other troubling symptoms,
14 rather than treatment aimed at investigation and intervention
15 for the purpose of cure or inappropriate prolongation of
16 life.
17 (j) "Hospice service plan" means a plan detailing the
18 specific hospice services offered by a full or volunteer
19 hospice, and the administrative and direct care personnel
20 responsible for those services. The plan shall include but
21 not be limited to:
22 (1) Identification of the person or persons
23 administratively responsible for the program, and the
24 affiliation of such person or persons with a licensed
25 home health agency, hospital or nursing home.
26 (2) The estimated average monthly patient census.
27 (3) The proposed geographic area the hospice will
28 serve.
29 (4) A listing of those hospice services provided
30 directly by the hospice, and those hospice services
31 provided indirectly through a contractual agreement.
32 (5) The name and qualifications of those persons or
33 entities under contract to provide indirect hospice
34 services.
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1 (6) The name and qualifications of those persons
2 providing direct hospice services, with the exception of
3 volunteers.
4 (7) A description of how the hospice plans to
5 utilize volunteers in the provision of hospice services.
6 (8) A description of the program's record keeping
7 system.
8 (k) "Terminally ill" means a medical prognosis by a
9 physician licensed to practice medicine in all of its
10 branches that a patient has an anticipated life expectancy of
11 6 months or less.
12 (l) "Volunteer" means a person who offers his or her
13 services to a hospice without compensation. Reimbursement
14 for a volunteer's expenses in providing hospice service shall
15 not be considered compensation.
16 (m) "Volunteer hospice" means a program which provides
17 hospice services to patients regardless of their ability to
18 pay, with emphasis on the utilization of volunteers to
19 provide services, under the administration of a
20 not-for-profit agency. This definition does not prohibit the
21 employment of staff.
22 (Source: P.A. 89-278, eff. 8-10-95.)
23 Section 13. The Hospital Licensing Act is amended by
24 changing Section 10 as follows:
25 (210 ILCS 85/10) (from Ch. 111 1/2, par. 151)
26 Sec. 10. Board creation; Department rules.
27 (a) The Governor shall appoint a Hospital Licensing Board
28 composed of 14 persons, which shall advise and consult with
29 the Director in the administration of this Act. The
30 Secretary of Human Services (or his or her designee) shall
31 serve on the Board, along with one additional representative
32 of the Department of Human Services to be designated by the
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1 Secretary. Four appointive members shall represent the
2 general public and 2 of these shall be members of hospital
3 governing boards; one appointive member shall be a registered
4 professional nurse or advanced practice nurse as defined in
5 the Illinois Nursing and Advanced Practice Nursing Act of
6 1987, as now or hereafter amended, who is employed in a
7 hospital; 3 appointive members shall be hospital
8 administrators actively engaged in the supervision or
9 administration of hospitals; 2 appointive members shall be
10 practicing physicians, licensed in Illinois to practice
11 medicine in all of its branches; and one appointive member
12 shall be a physician licensed to practice podiatric medicine
13 under the Podiatric Medical Practice Act of 1987; and one
14 appointive member shall be a dentist licensed to practice
15 dentistry under the "Illinois Dental Practice Act", approved
16 September 14, 1985, as amended. In making Board appointments,
17 the Governor shall give consideration to recommendations made
18 through the Director by professional organizations concerned
19 with hospital administration for the hospital administrative
20 and governing board appointments, registered professional
21 nurse organizations for the registered professional nurse
22 appointment, professional medical organizations for the
23 physician appointments, and professional dental organizations
24 for the dentist appointment.
25 (b) Each appointive member shall hold office for a term
26 of 3 years, except that any member appointed to fill a
27 vacancy occurring prior to the expiration of the term for
28 which his predecessor was appointed shall be appointed for
29 the remainder of such term and the terms of office of the
30 members first taking office shall expire, as designated at
31 the time of appointment, 2 at the end of the first year, 2 at
32 the end of the second year, and 3 at the end of the third
33 year, after the date of appointment. The initial terms of
34 office of the 2 additional members representing the general
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1 public provided for in this Section shall expire at the end
2 of the third year after the date of appointment. The term of
3 office of each original appointee shall commence July 1,
4 1953; the term of office of the original registered
5 professional nurse appointee shall commence July 1, 1969; the
6 term of office of the original licensed podiatrist appointee
7 shall commence July 1, 1981; the term of office of the
8 original dentist appointee shall commence July 1, 1987; and
9 the term of office of each successor shall commence on July 1
10 of the year in which his predecessor's term expires. Board
11 members, while serving on business of the Board, shall
12 receive actual and necessary travel and subsistence expenses
13 while so serving away from their places of residence. The
14 Board shall meet as frequently as the Director deems
15 necessary, but not less than once a year. Upon request of 5
16 or more members, the Director shall call a meeting of the
17 Board.
18 (c) The Director shall prescribe rules, regulations,
19 standards, and statements of policy needed to implement,
20 interpret, or make specific the provisions and purposes of
21 this Act. The Department shall adopt rules which set forth
22 standards for determining when the public interest, safety or
23 welfare requires emergency action in relation to termination
24 of a research program or experimental procedure conducted by
25 a hospital licensed under this Act. No rule, regulation, or
26 standard shall be adopted by the Department concerning the
27 operation of hospitals licensed under this Act which has not
28 had prior approval of the Hospital Licensing Board, nor shall
29 the Department adopt any rule, regulation or standard
30 relating to the establishment of a hospital without
31 consultation with the Hospital Licensing Board.
32 (d) Within one year after the effective date of this
33 amendatory Act of 1984, all hospitals licensed under this Act
34 and providing perinatal care shall comply with standards of
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1 perinatal care promulgated by the Department. The Director
2 shall promulgate rules or regulations under this Act which
3 are consistent with "An Act relating to the prevention of
4 developmental disabilities", approved September 6, 1973, as
5 amended.
6 (Source: P.A. 89-507, eff. 7-1-97.)
7 Section 14. The Hospital Licensing Act is amended by
8 adding Section 10.7 as follows:
9 (210 ILCS 85/10.7 new)
10 Sec. 10.7. Clinical privileges; advanced practice
11 registered nurses. No policy, rule, regulation, or practice
12 of a hospital licensed under this Act shall be inconsistent
13 with the provision of adequate collaboration, including
14 medical direction of licensed advanced practice nurses, in
15 accordance with Section 54.5 of the Medical Practice Act of
16 1987.
17 Section 15. The Health Care Worker Self-Referral Act is
18 amended by changing Section 15 as follows:
19 (225 ILCS 47/15)
20 Sec. 15. Definitions. In this Act:
21 (a) "Board" means the Health Facilities Planning Board.
22 (b) "Entity" means any individual, partnership, firm,
23 corporation, or other business that provides health services
24 but does not include an individual who is a health care
25 worker who provides professional services to an individual.
26 (c) "Group practice" means a group of 2 or more health
27 care workers legally organized as a partnership, professional
28 corporation, not-for-profit corporation, faculty practice
29 plan or a similar association in which:
30 (1) each health care worker who is a member or
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1 employee or an independent contractor of the group
2 provides substantially the full range of services that
3 the health care worker routinely provides, including
4 consultation, diagnosis, or treatment, through the use of
5 office space, facilities, equipment, or personnel of the
6 group;
7 (2) the services of the health care workers are
8 provided through the group, and payments received for
9 health services are treated as receipts of the group; and
10 (3) the overhead expenses and the income from the
11 practice are distributed by methods previously determined
12 by the group.
13 (d) "Health care worker" means any individual licensed
14 under the laws of this State to provide health services,
15 including but not limited to: dentists licensed under the
16 Illinois Dental Practice Act; dental hygienists licensed
17 under the Illinois Dental Practice Act; nurses and advanced
18 practice nurses licensed under the Illinois Nursing and
19 Advanced Practice Nursing Act of 1987; occupational
20 therapists licensed under the Illinois Occupational Therapy
21 Practice Act; optometrists licensed under the Illinois
22 Optometric Practice Act of 1987; pharmacists licensed under
23 the Pharmacy Practice Act of 1987; physical therapists
24 licensed under the Illinois Physical Therapy Act; physicians
25 licensed under the Medical Practice Act of 1987; physician
26 assistants licensed under the Physician Assistant Practice
27 Act of 1987; podiatrists licensed under the Podiatric Medical
28 Practice Act of 1987; clinical psychologists licensed under
29 the Clinical Psychologist Licensing Act; clinical social
30 workers licensed under the Clinical Social Work and Social
31 Work Practice Act; speech-language pathologists and
32 audiologists licensed under the Illinois Speech-Language
33 Pathology and Audiology Practice Act; or hearing instrument
34 dispensers licensed under the Hearing Instrument Consumer
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1 Protection Act, or any of their successor Acts.
2 (e) "Health services" means health care procedures and
3 services provided by or through a health care worker.
4 (f) "Immediate family member" means a health care
5 worker's spouse, child, child's spouse, or a parent.
6 (g) "Investment interest" means an equity or debt
7 security issued by an entity, including, without limitation,
8 shares of stock in a corporation, units or other interests in
9 a partnership, bonds, debentures, notes, or other equity
10 interests or debt instruments except that investment interest
11 for purposes of Section 20 does not include interest in a
12 hospital licensed under the laws of the State of Illinois.
13 (h) "Investor" means an individual or entity directly or
14 indirectly owning a legal or beneficial ownership or
15 investment interest, (such as through an immediate family
16 member, trust, or another entity related to the investor).
17 (i) "Office practice" includes the facility or
18 facilities at which a health care worker, on an ongoing
19 basis, provides or supervises the provision of professional
20 health services to individuals.
21 (j) "Referral" means any referral of a patient for
22 health services, including, without limitation:
23 (1) The forwarding of a patient by one health care
24 worker to another health care worker or to an entity
25 outside the health care worker's office practice or group
26 practice that provides health services.
27 (2) The request or establishment by a health care
28 worker of a plan of care outside the health care worker's
29 office practice or group practice that includes the
30 provision of any health services.
31 (Source: P.A. 89-72, eff. 12-31-95.)
32 Section 16. The Medical Practice Act of 1987 is amended
33 by changing Sections 20 and 22 and adding Section 54.5 as
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1 follows:
2 (225 ILCS 60/20) (from Ch. 111, par. 4400-20)
3 Sec. 20. Continuing education. The Department shall
4 promulgate rules of continuing education for persons licensed
5 under this Act that require 150 50 hours of continuing
6 education per license renewal cycle each year. These rules
7 shall be consistent with requirements of relevant
8 professional associations, speciality societies, or boards.
9 The rules shall also address variances for illness or
10 hardship. In establishing these rules, the Department shall
11 consider educational requirements for medical staffs,
12 requirements for specialty society board certification or for
13 continuing education requirements as a condition of
14 membership in societies representing the 2 categories of
15 licensee under this Act. These rules shall assure that
16 licensees are given the opportunity to participate in those
17 programs sponsored by or through their professional
18 associations or hospitals which are relevant to their
19 practice. Each licensee is responsible for maintaining
20 records of completion of continuing education and shall be
21 prepared to produce the records when requested by the
22 Department.
23 (Source: P.A. 89-702, eff. 7-1-97.)
24 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
25 Sec. 22. Disciplinary action.
26 (A) The Department may revoke, suspend, place on
27 probationary status, or take any other disciplinary action as
28 the Department may deem proper with regard to the license or
29 visiting professor permit of any person issued under this Act
30 to practice medicine, or to treat human ailments without the
31 use of drugs and without operative surgery upon any of the
32 following grounds:
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1 (1) Performance of an elective abortion in any
2 place, locale, facility, or institution other than:
3 (a) a facility licensed pursuant to the
4 Ambulatory Surgical Treatment Center Act;
5 (b) an institution licensed under the Hospital
6 Licensing Act; or
7 (c) an ambulatory surgical treatment center or
8 hospitalization or care facility maintained by the
9 State or any agency thereof, where such department
10 or agency has authority under law to establish and
11 enforce standards for the ambulatory surgical
12 treatment centers, hospitalization, or care
13 facilities under its management and control; or
14 (d) ambulatory surgical treatment centers,
15 hospitalization or care facilities maintained by the
16 Federal Government; or
17 (e) ambulatory surgical treatment centers,
18 hospitalization or care facilities maintained by any
19 university or college established under the laws of
20 this State and supported principally by public funds
21 raised by taxation.
22 (2) Performance of an abortion procedure in a
23 wilful and wanton manner on a woman who was not pregnant
24 at the time the abortion procedure was performed.
25 (3) The conviction of a felony in this or any other
26 jurisdiction, except as otherwise provided in subsection
27 B of this Section, whether or not related to practice
28 under this Act, or the entry of a guilty or nolo
29 contendere plea to a felony charge.
30 (4) Gross negligence in practice under this Act.
31 (5) Engaging in dishonorable, unethical or
32 unprofessional conduct of a character likely to deceive,
33 defraud or harm the public.
34 (6) Obtaining any fee by fraud, deceit, or
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1 misrepresentation.
2 (7) Habitual or excessive use or abuse of drugs
3 defined in law as controlled substances, of alcohol, or
4 of any other substances which results in the inability to
5 practice with reasonable judgment, skill or safety.
6 (8) Practicing under a false or, except as provided
7 by law, an assumed name.
8 (9) Fraud or misrepresentation in applying for, or
9 procuring, a license under this Act or in connection with
10 applying for renewal of a license under this Act.
11 (10) Making a false or misleading statement
12 regarding their skill or the efficacy or value of the
13 medicine, treatment, or remedy prescribed by them at
14 their direction in the treatment of any disease or other
15 condition of the body or mind.
16 (11) Allowing another person or organization to use
17 their license, procured under this Act, to practice.
18 (12) Disciplinary action of another state or
19 jurisdiction against a license or other authorization to
20 practice as a medical doctor, doctor of osteopathy,
21 doctor of osteopathic medicine or doctor of chiropractic,
22 a certified copy of the record of the action taken by the
23 other state or jurisdiction being prima facie evidence
24 thereof.
25 (13) Violation of any provision of this Act or of
26 the Medical Practice Act prior to the repeal of that Act,
27 or violation of the rules, or a final administrative
28 action of the Director, after consideration of the
29 recommendation of the Disciplinary Board.
30 (14) Dividing with anyone other than physicians
31 with whom the licensee practices in a partnership,
32 Professional Association, limited liability company, or
33 Medical or Professional Corporation any fee, commission,
34 rebate or other form of compensation for any professional
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1 services not actually and personally rendered. Nothing
2 contained in this subsection prohibits persons holding
3 valid and current licenses under this Act from practicing
4 medicine in partnership under a partnership agreement,
5 including a limited liability partnership, in a limited
6 liability company under the Limited Liability Company
7 Act, in a corporation authorized by the Medical
8 Corporation Act, as an association authorized by the
9 Professional Association Act, or in a corporation under
10 the Professional Corporation Act or from pooling,
11 sharing, dividing or apportioning the fees and monies
12 received by them or by the partnership, corporation or
13 association in accordance with the partnership agreement
14 or the policies of the Board of Directors of the
15 corporation or association. Nothing contained in this
16 subsection prohibits 2 or more corporations authorized by
17 the Medical Corporation Act, from forming a partnership
18 or joint venture of such corporations, and providing
19 medical, surgical and scientific research and knowledge
20 by employees of these corporations if such employees are
21 licensed under this Act, or from pooling, sharing,
22 dividing, or apportioning the fees and monies received by
23 the partnership or joint venture in accordance with the
24 partnership or joint venture agreement. Nothing
25 contained in this subsection shall abrogate the right of
26 2 or more persons, holding valid and current licenses
27 under this Act, to each receive adequate compensation for
28 concurrently rendering professional services to a patient
29 and divide a fee; provided, the patient has full
30 knowledge of the division, and, provided, that the
31 division is made in proportion to the services performed
32 and responsibility assumed by each.
33 (15) A finding by the Medical Disciplinary Board
34 that the registrant after having his or her license
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1 placed on probationary status or subjected to conditions
2 or restrictions violated the terms of the probation or
3 failed to comply with such terms or conditions.
4 (16) Abandonment of a patient.
5 (17) Prescribing, selling, administering,
6 distributing, giving or self-administering any drug
7 classified as a controlled substance (designated product)
8 or narcotic for other than medically accepted therapeutic
9 purposes.
10 (18) Promotion of the sale of drugs, devices,
11 appliances or goods provided for a patient in such manner
12 as to exploit the patient for financial gain of the
13 physician.
14 (19) Offering, undertaking or agreeing to cure or
15 treat disease by a secret method, procedure, treatment or
16 medicine, or the treating, operating or prescribing for
17 any human condition by a method, means or procedure which
18 the licensee refuses to divulge upon demand of the
19 Department.
20 (20) Immoral conduct in the commission of any act
21 including, but not limited to, commission of an act of
22 sexual misconduct related to the licensee's practice.
23 (21) Wilfully making or filing false records or
24 reports in his or her practice as a physician, including,
25 but not limited to, false records to support claims
26 against the medical assistance program of the Department
27 of Public Aid under the Illinois Public Aid Code.
28 (22) Wilful omission to file or record, or wilfully
29 impeding the filing or recording, or inducing another
30 person to omit to file or record, medical reports as
31 required by law, or wilfully failing to report an
32 instance of suspected abuse or neglect as required by
33 law.
34 (23) Being named as a perpetrator in an indicated
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1 report by the Department of Children and Family Services
2 under the Abused and Neglected Child Reporting Act, and
3 upon proof by clear and convincing evidence that the
4 licensee has caused a child to be an abused child or
5 neglected child as defined in the Abused and Neglected
6 Child Reporting Act.
7 (24) Solicitation of professional patronage by any
8 corporation, agents or persons, or profiting from those
9 representing themselves to be agents of the licensee.
10 (25) Gross and wilful and continued overcharging
11 for professional services, including filing false
12 statements for collection of fees for which services are
13 not rendered, including, but not limited to, filing such
14 false statements for collection of monies for services
15 not rendered from the medical assistance program of the
16 Department of Public Aid under the Illinois Public Aid
17 Code.
18 (26) A pattern of practice or other behavior which
19 demonstrates incapacity or incompetence to practice under
20 this Act.
21 (27) Mental illness or disability which results in
22 the inability to practice under this Act with reasonable
23 judgment, skill or safety.
24 (28) Physical illness, including, but not limited
25 to, deterioration through the aging process, or loss of
26 motor skill which results in a physician's inability to
27 practice under this Act with reasonable judgment, skill
28 or safety.
29 (29) Cheating on or attempt to subvert the
30 licensing examinations administered under this Act.
31 (30) Wilfully or negligently violating the
32 confidentiality between physician and patient except as
33 required by law.
34 (31) The use of any false, fraudulent, or deceptive
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1 statement in any document connected with practice under
2 this Act.
3 (32) Aiding and abetting an individual not licensed
4 under this Act in the practice of a profession licensed
5 under this Act.
6 (33) Violating state or federal laws or regulations
7 relating to controlled substances.
8 (34) Failure to report to the Department any
9 adverse final action taken against them by another
10 licensing jurisdiction (any other state or any territory
11 of the United States or any foreign state or country), by
12 any peer review body, by any health care institution, by
13 any professional society or association related to
14 practice under this Act, by any governmental agency, by
15 any law enforcement agency, or by any court for acts or
16 conduct similar to acts or conduct which would constitute
17 grounds for action as defined in this Section.
18 (35) Failure to report to the Department surrender
19 of a license or authorization to practice as a medical
20 doctor, a doctor of osteopathy, a doctor of osteopathic
21 medicine, or doctor of chiropractic in another state or
22 jurisdiction, or surrender of membership on any medical
23 staff or in any medical or professional association or
24 society, while under disciplinary investigation by any of
25 those authorities or bodies, for acts or conduct similar
26 to acts or conduct which would constitute grounds for
27 action as defined in this Section.
28 (36) Failure to report to the Department any
29 adverse judgment, settlement, or award arising from a
30 liability claim related to acts or conduct similar to
31 acts or conduct which would constitute grounds for action
32 as defined in this Section.
33 (37) Failure to transfer copies of medical records
34 as required by law.
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1 (38) Failure to furnish the Department, its
2 investigators or representatives, relevant information,
3 legally requested by the Department after consultation
4 with the Chief Medical Coordinator or the Deputy Medical
5 Coordinator.
6 (39) Violating the Health Care Worker Self-Referral
7 Act.
8 (40) Willful failure to provide notice when notice
9 is required under the Parental Notice of Abortion Act of
10 1995.
11 (41) Failure to establish and maintain records of
12 patient care and treatment as required by this law.
13 (42) Entering into an excessive number of written
14 collaborative agreements with licensed advanced practice
15 nurses resulting in an inability to adequately
16 collaborate and provide medical direction.
17 (43) Repeated failure to adequately collaborate
18 with or provide medical direction to a licensed advanced
19 practice nurse.
20 All proceedings to suspend, revoke, place on probationary
21 status, or take any other disciplinary action as the
22 Department may deem proper, with regard to a license on any
23 of the foregoing grounds, must be commenced within 3 years
24 next after receipt by the Department of a complaint alleging
25 the commission of or notice of the conviction order for any
26 of the acts described herein. Except for the grounds
27 numbered (8), (9) and (29), no action shall be commenced more
28 than 5 years after the date of the incident or act alleged to
29 have violated this Section. In the event of the settlement
30 of any claim or cause of action in favor of the claimant or
31 the reduction to final judgment of any civil action in favor
32 of the plaintiff, such claim, cause of action or civil action
33 being grounded on the allegation that a person licensed under
34 this Act was negligent in providing care, the Department
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1 shall have an additional period of one year from the date of
2 notification to the Department under Section 23 of this Act
3 of such settlement or final judgment in which to investigate
4 and commence formal disciplinary proceedings under Section 36
5 of this Act, except as otherwise provided by law. The time
6 during which the holder of the license was outside the State
7 of Illinois shall not be included within any period of time
8 limiting the commencement of disciplinary action by the
9 Department.
10 The entry of an order or judgment by any circuit court
11 establishing that any person holding a license under this Act
12 is a person in need of mental treatment operates as a
13 suspension of that license. That person may resume their
14 practice only upon the entry of a Departmental order based
15 upon a finding by the Medical Disciplinary Board that they
16 have been determined to be recovered from mental illness by
17 the court and upon the Disciplinary Board's recommendation
18 that they be permitted to resume their practice.
19 The Department may refuse to issue or take disciplinary
20 action concerning the license of any person who fails to file
21 a return, or to pay the tax, penalty or interest shown in a
22 filed return, or to pay any final assessment of tax, penalty
23 or interest, as required by any tax Act administered by the
24 Illinois Department of Revenue, until such time as the
25 requirements of any such tax Act are satisfied as determined
26 by the Illinois Department of Revenue.
27 The Department, upon the recommendation of the
28 Disciplinary Board, shall adopt rules which set forth
29 standards to be used in determining:
30 (a) when a person will be deemed sufficiently
31 rehabilitated to warrant the public trust;
32 (b) what constitutes dishonorable, unethical or
33 unprofessional conduct of a character likely to deceive,
34 defraud, or harm the public;
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1 (c) what constitutes immoral conduct in the
2 commission of any act, including, but not limited to,
3 commission of an act of sexual misconduct related to the
4 licensee's practice; and
5 (d) what constitutes gross negligence in the
6 practice of medicine.
7 However, no such rule shall be admissible into evidence
8 in any civil action except for review of a licensing or other
9 disciplinary action under this Act.
10 In enforcing this Section, the Medical Disciplinary
11 Board, upon a showing of a possible violation, may compel any
12 individual licensed to practice under this Act, or who has
13 applied for licensure or a permit pursuant to this Act, to
14 submit to a mental or physical examination, or both, as
15 required by and at the expense of the Department. The
16 examining physician or physicians shall be those specifically
17 designated by the Disciplinary Board. The Medical
18 Disciplinary Board or the Department may order the examining
19 physician to present testimony concerning this mental or
20 physical examination of the licensee or applicant. No
21 information shall be excluded by reason of any common law or
22 statutory privilege relating to communication between the
23 licensee or applicant and the examining physician. The
24 individual to be examined may have, at his or her own
25 expense, another physician of his or her choice present
26 during all aspects of the examination. Failure of any
27 individual to submit to mental or physical examination, when
28 directed, shall be grounds for suspension of his or her
29 license until such time as the individual submits to the
30 examination if the Disciplinary Board finds, after notice and
31 hearing, that the refusal to submit to the examination was
32 without reasonable cause. If the Disciplinary Board finds a
33 physician unable to practice because of the reasons set forth
34 in this Section, the Disciplinary Board shall require such
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1 physician to submit to care, counseling, or treatment by
2 physicians approved or designated by the Disciplinary Board,
3 as a condition for continued, reinstated, or renewed
4 licensure to practice. Any physician, whose license was
5 granted pursuant to Sections 9, 17, or 19 of this Act, or,
6 continued, reinstated, renewed, disciplined or supervised,
7 subject to such terms, conditions or restrictions who shall
8 fail to comply with such terms, conditions or restrictions,
9 or to complete a required program of care, counseling, or
10 treatment, as determined by the Chief Medical Coordinator or
11 Deputy Medical Coordinators, shall be referred to the
12 Director for a determination as to whether the licensee shall
13 have their license suspended immediately, pending a hearing
14 by the Disciplinary Board. In instances in which the
15 Director immediately suspends a license under this Section, a
16 hearing upon such person's license must be convened by the
17 Disciplinary Board within 15 days after such suspension and
18 completed without appreciable delay. The Disciplinary Board
19 shall have the authority to review the subject physician's
20 record of treatment and counseling regarding the impairment,
21 to the extent permitted by applicable federal statutes and
22 regulations safeguarding the confidentiality of medical
23 records.
24 An individual licensed under this Act, affected under
25 this Section, shall be afforded an opportunity to demonstrate
26 to the Disciplinary Board that they can resume practice in
27 compliance with acceptable and prevailing standards under the
28 provisions of their license.
29 The Department may promulgate rules for the imposition of
30 fines in disciplinary cases, not to exceed $5,000 for each
31 violation of this Act. Fines may be imposed in conjunction
32 with other forms of disciplinary action, but shall not be the
33 exclusive disposition of any disciplinary action arising out
34 of conduct resulting in death or injury to a patient. Any
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1 funds collected from such fines shall be deposited in the
2 Medical Disciplinary Fund.
3 (B) The Department shall revoke the license or visiting
4 permit of any person issued under this Act to practice
5 medicine or to treat human ailments without the use of drugs
6 and without operative surgery, who has been convicted a
7 second time of committing any felony under the Illinois
8 Controlled Substances Act, or who has been convicted a second
9 time of committing a Class 1 felony under Sections 8A-3 and
10 8A-6 of the Illinois Public Aid Code. A person whose license
11 or visiting permit is revoked under this subsection B of
12 Section 22 of this Act shall be prohibited from practicing
13 medicine or treating human ailments without the use of drugs
14 and without operative surgery.
15 (C) The Medical Disciplinary Board shall recommend to
16 the Department civil penalties and any other appropriate
17 discipline in disciplinary cases when the Board finds that a
18 physician willfully performed an abortion with actual
19 knowledge that the person upon whom the abortion has been
20 performed is a minor or an incompetent person without notice
21 as required under the Parental Notice of Abortion Act of
22 1995. Upon the Board's recommendation, the Department shall
23 impose, for the first violation, a civil penalty of $1,000
24 and for a second or subsequent violation, a civil penalty of
25 $5,000.
26 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
27 89-626, eff. 8-9-96; 89-702, eff. 7-1-97.)
28 (225 ILCS 60/54.5 new)
29 Sec. 54.5. Physician delegation of authority.
30 (a) Physicians licensed to practice medicine in all its
31 branches may delegate care and treatment responsibilities to
32 a physician assistant under guidelines in accordance with the
33 requirements of the Physician Assistant Practice Act of
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1 1987. A physician licensed to practice medicine in all its
2 branches may enter into supervising physician agreements with
3 no more than 2 physician assistants.
4 (b) A physician licensed to practice medicine in all its
5 branches in active clinical practice may collaborate with an
6 advanced practice nurse in accordance with the requirements
7 of Title 15 of the Nursing and Advanced Practice Nursing Act.
8 Collaboration is for the purpose of providing medical
9 direction, and no employment relationship is required. A
10 written collaborative agreement shall conform to the
11 requirements of Sections 15-15 and 15-20 of the Nursing and
12 Advanced Practice Nursing Act. The agreement shall be for
13 services the collaborating physician generally provides to
14 his or her patients in the normal course of clinical medical
15 practice. Physician medical direction shall be adequate with
16 respect to collaboration with certified nurse practitioners,
17 certified nurse midwives, and clinical nurse specialists if a
18 collaborating physician:
19 (1) participates in the joint formulation and joint
20 approval of orders or guidelines with the advanced
21 practice nurse and periodically reviews such orders and
22 the services provided patients under such orders in
23 accordance with accepted standards of medical practice
24 and advanced practice nursing practice;
25 (2) is on site at least once a month to provide
26 medical direction and consultation; and
27 (3) is available through telecommunications for
28 consultation on medical problems, complications, or
29 emergencies or patient referral.
30 (c) The supervising physician shall have access to the
31 medical records of all patients attended by a physician
32 assistant. The collaborating physician shall have access to
33 the medical records of all patients attended to by an
34 advanced practice nurse.
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1 (d) Nothing in this Act shall be construed to limit the
2 delegation of tasks or duties by a physician licensed to
3 practice medicine in all its branches to a licensed practical
4 nurse, a registered professional nurse, or other personnel.
5 (e) A physician shall not be liable for the acts or
6 omissions of a physician assistant or advanced practice nurse
7 solely on the basis of having signed a supervision agreement
8 or guidelines or a collaborative agreement, an order, a
9 standing medical order, a standing delegation order, or other
10 order or guideline authorizing a physician assistant or
11 advanced practice nurse to perform acts, unless the physician
12 has reason to believe the physician assistant or advanced
13 practice nurse lacked the competency to perform the act or
14 acts or commits willful and wanton misconduct.
15 Section 17. The Illinois Nursing Act of 1987 is amended
16 by renumbering and changing Sections 1, 2, 3, 4, 4.1, 4.2,
17 4.5, 5, 5.1, 6, 7, 12, 14, 16, 17, 18, 21, 22, 23, 24, 26,
18 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42,
19 43, 44, 45, 46, 47, 48, and 49 and adding Sections 10-10,
20 10-15, 10-40, 10-45, 10-50, 15-5, 15-10, 15-15, 15-20, 15-30,
21 15-35, 15-40, 15-45, 15-50, 15-55, 15-100, and 20-2 and new
22 Title headings as follows:
23 (225 ILCS 65/Title 5 heading new)
24 TITLE 5. GENERAL PROVISIONS
25 (225 ILCS 65/5-1, formerly 65/1)
26 Sec. 5-1. 1. This Article may be cited as the Illinois
27 Nursing and Advanced Practice Nursing Act, and throughout
28 this Article, references to this Act shall mean this Article
29 of 1987.
30 (Source: P.A. 85-981; 86-1475.)
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1 (225 ILCS 65/5-5, formerly 65/2)
2 Sec. 5-5. 2. Legislative purpose. The practice of
3 professional and practical nursing in the State of Illinois
4 is hereby declared to affect the public health, safety, and
5 welfare and to be subject to regulation and control in the
6 public interest. It is further declared to be a matter of
7 public interest and concern that the practice of nursing, as
8 defined in this Act, merit and receive the confidence of the
9 public and that only qualified persons be authorized to so
10 practice in the State of Illinois. This Act shall be
11 liberally construed to best carry out these subjects and
12 purposes.
13 (Source: P.A. 85-981.)
14 (225 ILCS 65/5-10, formerly 65/3)
15 Sec. 5-10. 3. Definitions. Each of the following terms,
16 when used in this Act, shall have the meaning ascribed to it
17 in this Section, except where the context clearly indicates
18 otherwise:
19 (a) "Department" means the Department of Professional
20 Regulation.
21 (b) "Director" means the Director of Professional
22 Regulation.
23 (c) "Board" means the Board of Nursing appointed by the
24 Director.
25 (d) "Academic year" means the customary annual schedule
26 of courses at a college, university, or approved school,
27 customarily regarded as the school year as distinguished from
28 the calendar year.
29 (e) "Approved program of professional nursing education"
30 and "approved program of practical nursing education" are
31 programs of professional or practical nursing, respectively,
32 approved by the Department under the provisions of this Act.
33 (f) "Nursing Act Coordinator" means a registered
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1 professional nurse appointed by the Director to carry out the
2 administrative policies of the Department.
3 (g) "Assistant Nursing Act Coordinator" means a
4 registered professional nurse appointed by the Director to
5 assist in carrying out the administrative policies of the
6 Department.
7 (h) "Registered" is the equivalent of "licensed".
8 (i) "Practical nurse" or "licensed practical nurse"
9 means a person who is licensed as a practical nurse under
10 this Act and practices practical nursing as defined in
11 paragraph (j) of this Section. Only a practical nurse
12 licensed under this Act is entitled to use the title
13 "licensed practical nurse" and the abbreviation "L.P.N.".
14 (j) "Practical nursing" means the performance of nursing
15 acts requiring the basic nursing knowledge, judgement, and
16 skill acquired by means of completion of an approved
17 practical nursing education program. Practical nursing
18 includes assisting in the nursing process as delegated by and
19 under the direction of a registered professional nurse. The
20 practical nurse may work under the direction of a licensed
21 physician, dentist, podiatrist, or other health care
22 professional determined by the Department.
23 (k) "Registered Nurse" or "Registered Professional
24 Nurse" means a person who is licensed as a professional nurse
25 under this Act and practices nursing as defined in paragraph
26 (l) of this Section. Only a registered nurse licensed under
27 this Act is entitled to use the titles "registered nurse" and
28 "registered professional nurse" and the abbreviation, "R.N.".
29 (l) "Registered professional nursing practice" includes
30 all nursing specialities and means the performance of any
31 nursing act based upon professional knowledge, judgment, and
32 skills acquired by means of completion of an approved
33 registered professional nursing education program. A
34 registered professional nurse provides nursing care
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1 emphasizing the importance of the whole and the
2 interdependence of its parts through the nursing process to
3 individuals, groups, families, or communities, that includes
4 but is not limited to: (1) the assessment of healthcare
5 needs, nursing diagnosis, planning, implementation, and
6 nursing evaluation; (2) the promotion, maintenance, and
7 restoration of health; (3) counseling, patient education,
8 health education, and patient advocacy; (4) the
9 administration of medications and treatments as prescribed by
10 a physician licensed to practice medicine in all of its
11 branches, a licensed dentist, a licensed podiatrist, or a
12 licensed optometrist or as prescribed by a physician
13 assistant in accordance with written guidelines required
14 under the Physician Assistant Practice Act of 1987 or by an
15 advanced practice nurse in accordance with a written
16 collaborative agreement required under the Nursing and
17 Advanced Practice Nursing Act; (5) the coordination and
18 management of the nursing plan of care; (6) the delegation to
19 and supervision of individuals who assist the registered
20 professional nurse implementing the plan of care; and (7)
21 teaching and supervision of nursing students. in The
22 foregoing shall not be deemed to include those acts of
23 medical diagnosis or prescription of therapeutic or
24 corrective measures that are properly performed only by
25 physicians licensed in the State of Illinois.
26 (m) "Current nursing practice update course" means a
27 planned nursing education curriculum approved by the
28 Department consisting of activities that have educational
29 objectives, instructional methods, content or subject matter,
30 clinical practice, and evaluation methods, related to basic
31 review and updating content and specifically planned for
32 those nurses previously licensed in the United States or its
33 territories and preparing for reentry into nursing practice.
34 (n) "Professional assistance program for nurses" means a
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1 professional assistance program that meets criteria
2 established by the Board of Committee on Nursing and approved
3 by the Director, which provides a non-disciplinary treatment
4 approach for nurses licensed under this Act whose ability to
5 practice is compromised by alcohol or chemical substance
6 addiction.
7 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
8 revised 8-12-97.)
9 (225 ILCS 65/5-15, formerly 65/4)
10 Sec. 5-15. 4. Policy; application of Act. For the
11 protection of life and the promotion of health, and the
12 prevention of illness and communicable diseases, any person
13 practicing or offering to practice professional and practical
14 nursing in Illinois shall submit evidence that he or she is
15 qualified to practice, and shall be licensed as provided
16 under this Act. No person shall practice or offer to
17 practice professional or practical nursing in Illinois or use
18 any title, sign, card or device to indicate that such a
19 person is practicing professional or practical nursing unless
20 such person has been licensed under the provisions of this
21 Act.
22 This Act does not prohibit the following:
23 (a) The practice of nursing in Federal employment in the
24 discharge of the employee's duties by a person who is
25 employed by the United States government or any bureau,
26 division or agency thereof and is a legally qualified and
27 licensed nurse of another state or territory and not in
28 conflict with Sections 10-5, 10-30, and 10-45 6, 12, and 25
29 of this Act.;
30 (b) Nursing that is included in their program of study
31 by students enrolled in programs of nursing or in current
32 nurse practice update courses approved by the Department.;
33 (c) The furnishing of nursing assistance in an
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1 emergency.;
2 (d) The practice of nursing by a nurse who holds an
3 active license in another state when providing services to
4 patients in Illinois during a bonafide emergency or in
5 immediate preparation for or during interstate transit.;
6 (e) The incidental care of the sick by members of the
7 family, domestic servants or housekeepers, or care of the
8 sick where treatment is by prayer or spiritual means.;
9 (f) Persons from being employed as nursing aides,
10 attendants, orderlies, and other auxiliary workers in private
11 homes, long term care facilities, nurseries, hospitals or
12 other institutions.;
13 (g) The practice of practical nursing by one who has
14 applied in writing to the Department in form and substance
15 satisfactory to the Department, for a license as a licensed
16 practical nurse and who has complied with all the provisions
17 under Section 10-30 12, except the passing of an examination
18 to be eligible to receive such license, until: the decision
19 of the Department that the applicant has failed to pass the
20 next available examination authorized by the Department, or
21 has failed, without an approved excuse, to take the next
22 available examination authorized by the Department, or until
23 the withdrawal of the application, but not to exceed 3
24 months. No applicant for licensure practicing under the
25 provisions of this paragraph shall practice practical nursing
26 except under the direct supervision of a registered
27 professional nurse licensed under this Act or a licensed
28 physician, dentist or podiatrist. In no instance shall any
29 such applicant practice or be employed in any supervisory
30 capacity.;
31 (h) The practice of practical nursing by one who is a
32 licensed practical nurse under the laws of another U.S.
33 jurisdiction and has applied in writing to the Department, in
34 form and substance satisfactory to the Department, for a
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1 license as a licensed practical nurse and who is qualified to
2 receive such license under Section 10-30 12, until: (1) the
3 expiration of 6 months after the filing of such written
4 application, or (2) the withdrawal of such application, or
5 (3) the denial of such application by the Department.;
6 (i) The practice of professional nursing by one who has
7 applied in writing to the Department in form and substance
8 satisfactory to the Department for a license as a registered
9 professional nurse and has complied with all the provisions
10 under Section 10-30 12 except the passing of an examination
11 to be eligible to receive such license, until: the decision
12 of the Department that the applicant has failed to pass the
13 next available examination authorized by the Department, or
14 has failed, without an approved excuse, to take the next
15 available examination authorized by the Department or until
16 the withdrawal of the application, but not to exceed 3
17 months. No applicant for licensure practicing under the
18 provisions of this paragraph shall practice professional
19 nursing except under the direct supervision of a registered
20 professional nurse licensed under this Act. In no instance
21 shall any such applicant practice or be employed in any
22 supervisory capacity.;
23 (j) The practice of professional nursing by one who is a
24 registered professional nurse under the laws of another
25 state, territory of the United States or country and has
26 applied in writing to the Department, in form and substance
27 satisfactory to the Department, for a license as a registered
28 professional nurse and who is qualified to receive such
29 license under Section 10-30 12, until: (1) the expiration
30 of 6 months after the filing of such written application, or
31 (2) the withdrawal of such application, or (3) the denial of
32 such application by the Department.;
33 (k) The practice of professional nursing that is
34 included in a program of study by one who is a registered
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1 professional nurse under the laws of another state or
2 territory of the United States or foreign country, territory
3 or province and who is enrolled in a graduate nursing
4 education program or a program for the completion of a
5 baccalaureate nursing degree in this State, which program
6 includes clinical supervision by faculty as determined by the
7 educational institution offering the program and the health
8 care organization where the practice of nursing occurs. The
9 educational institution will file with the Department each
10 academic term a list of the names and origin of license of
11 all professional nurses practicing nursing as part of their
12 programs under this provision.; or
13 (l) Any person licensed in this State under any other
14 Act from engaging in the practice for which she or he is
15 licensed.
16 An applicant for license practicing under the exceptions
17 set forth in subparagraphs (g), (h), (i), and (j) of this
18 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
19 Pend. respectively and no other.
20 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
21 revised 8-12-97.)
22 (225 ILCS 65/5-17, formerly 65/4.1)
23 Sec. 5-17. 4.1. Task Force. The Governor shall appoint
24 a task force to be convened by the Illinois Department of
25 Professional Regulation to study the roles, responsibilities,
26 training, competency, and supervision of persons who are
27 employed to assist a nurse, including nursing aides,
28 attendants, orderlies, and other auxiliary workers in private
29 homes, long term care facilities, nurseries, hospitals, and
30 other institutions. The purpose of the task force shall be
31 to determine if there is a need for regulation of such
32 persons by the Department.
33 The task force shall be comprised of 11 members. The
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1 task force shall include one representative from the
2 Department of Professional Regulation, one representative
3 from the Department of Public Health, and 9 persons
4 representing various nursing and health care provider
5 organizations in Illinois, including, but not limited to, a
6 representative from the Illinois Nurses Association, Illinois
7 Organization of Nurse Leaders, Illinois Hospital and Health
8 Systems Association, Illinois Health Care Association,
9 Illinois Coalition of Nursing Organizations, Life Services
10 Network, Licensed Practical Nursing Association of Illinois,
11 Certified Nurse Aide Educators, and Illinois Homecare
12 Council.
13 The task force shall report its findings and
14 recommendations to the Governor by January 1, 1999.
15 (Source: P.A. 90-248, eff. 1-1-98.)
16 (225 ILCS 65/5-22, formerly 65/4.2)
17 Sec. 5-22. 4.2. Social Security Number on license
18 application. In addition to any other information required
19 to be contained in the application, every application for an
20 original, renewal, or restored license under this Act shall
21 include the applicant's Social Security Number.
22 (Source: P.A. 90-144, eff. 7-23-97.)
23 (225 ILCS 65/5-20, formerly 65/4.5)
24 Sec. 5-20. 4.5. Unlicensed practice; violation; civil
25 penalty.
26 (a) Any person who practices, offers to practice,
27 attempts to practice, or holds oneself out to practice
28 nursing without being licensed under this Act shall, in
29 addition to any other penalty provided by law, pay a civil
30 penalty to the Department in an amount not to exceed $5,000
31 for each offense as determined by the Department. The civil
32 penalty shall be assessed by the Department after a hearing
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1 is held in accordance with the provisions set forth in this
2 Act regarding the provision of a hearing for the discipline
3 of a licensee.
4 (b) The Department has the authority and power to
5 investigate any and all unlicensed activity.
6 (c) The civil penalty shall be paid within 60 days after
7 the effective date of the order imposing the civil penalty.
8 The order shall constitute a judgment and may be filed and
9 execution had thereon in the same manner as any judgment from
10 any court of record.
11 (Source: P.A. 89-474, eff. 6-18-96.)
12 (225 ILCS 65/5-25, formerly 65/5)
13 Sec. 5-25. 5. Emergency care; civil liability.
14 Exemption from civil liability for emergency care is as
15 provided in the Good Samaritan Act.
16 (Source: P.A. 89-607, eff. 1-1-97.)
17 (225 ILCS 65/5-30, formerly 65/5.1)
18 Sec. 5-30. 5.1. Services rendered without compensation;
19 civil liability. Exemption from civil liability for services
20 rendered without compensation is as provided in the Good
21 Samaritan Act.
22 (Source: P.A. 89-607, eff. 1-1-97.)
23 (225 ILCS 65/Title 10 heading new)
24 TITLE 10. REGISTERED NURSES
25 AND LICENSED PRACTICAL NURSES
26 (225 ILCS 65/10-5, formerly 65/6)
27 Sec. 10-5. Prohibited acts. 6. No person shall:
28 (a) Practice professional nursing without a valid
29 license as a registered professional nurse except as provided
30 in paragraphs (i) and (j) of Section 5-15 4 of this Act;
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1 (b) Practice practical nursing without a valid license
2 as a licensed practical nurse; or practice practical nursing
3 other than under the direction of a licensed physician,
4 licensed dentist, or registered professional nurse; except as
5 provided in paragraphs (g), (h), and (j) of Section 5-15 4 of
6 this Act;
7 (c) Practice nursing under cover of any diploma,
8 license, or record illegally or fraudulently obtained or
9 signed or issued unlawfully or under fraudulent
10 representation;
11 (d) Practice nursing during the time her or his license
12 is suspended, revoked, expired or on inactive status;
13 (e) Use any words, abbreviations, figures, letters,
14 title, sign, card, or device tending to imply that she or he
15 is a registered professional nurse, including the titles or
16 initials, "Registered Nurse," "Professional Nurse,"
17 "Registered Professional Nurse," "Certified Nurse," "Trained
18 Nurse," "Graduate Nurse," "P.N.," or "R.N.," or "R.P.N." or
19 similar titles or initials with intention of indicating
20 practice without a valid license as a registered professional
21 nurse;
22 (f) Use any words, abbreviations figures, letters,
23 title, sign, card, or device tending to imply that she or he
24 is a licensed practical nurse including the titles or
25 initials "Practical Nurse," "Licensed Practical Nurse,"
26 "P.N.," or "L.P.N.," or similar titles or initials with
27 intention of indicated practice as a licensed practical nurse
28 without a valid license as a licensed practical nurse under
29 this Act;
30 (g) Obtain or furnish a license by or for money or any
31 other thing of value other than the fees required by Section
32 20-35 23, or by any fraudulent representation or act;
33 (h) Make any wilfully false oath or affirmation required
34 by this Act;
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1 (i) Conduct a nursing education program preparing
2 persons for licensure that has not been approved by the
3 Department;
4 (j) Represent that any school or course is approved or
5 accredited as a school or course for the education of
6 registered professional nurses or licensed practical nurses
7 unless such school or course is approved by the Department
8 under the provisions of this Act;
9 (k) Attempt or offer to do any of the acts enumerated in
10 this Section, or knowingly aid, abet, assist in the doing of
11 any such acts or in the attempt or offer to do any of such
12 acts;
13 (l) Seek employment as a registered professional nurse
14 under the terms of paragraphs (i) and (j) of Section 5-15 4
15 of this Act without possessing a written authorization which
16 has been issued by the Department or designated testing
17 service and which evidences the filing of the written
18 application referred to in paragraphs paragraph (i) and (j)
19 of Section 5-15 4 of this Act;
20 (m) Seek employment as a licensed practical nurse under
21 the terms of paragraphs (g) and (h) of Section 5-15 4 of this
22 Act without possessing a written authorization which has been
23 issued by the Department or designated testing service and
24 which evidences the filing of the written application
25 referred to in paragraphs paragraph (g) and (h) of Section
26 5-15 4 of this Act;
27 (n) Employ or utilize persons not licensed under this
28 Act to practice professional nursing or practical nursing;
29 and
30 (o) Otherwise intentionally violate any provision of
31 this Act.
32 Any person, including a firm, association or corporation
33 who violates any provision of this Section shall be guilty of
34 a Class A misdemeanor.
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1 (Source: P.A. 85-981.)
2 (225 ILCS 65/10-10 new)
3 Sec. 10-10. Department powers and duties.
4 (a) The Department shall exercise the powers and duties
5 prescribed by the Civil Administrative Code of Illinois for
6 administration of licensing acts and shall exercise other
7 powers and duties necessary for effectuating the purpose of
8 this Act. None of the functions, powers, or duties of the
9 Department with respect to licensure and examination shall be
10 exercised by the Department except upon review by the Board.
11 The Department shall adopt rules to implement, interpret, or
12 make specific the provisions and purposes of this Act;
13 however no such rules shall be adopted by the Department
14 except upon review by the Board.
15 (b) The Department shall:
16 (1) prepare and maintain a list of approved
17 programs of professional nursing education and programs
18 of practical nursing education in this State, whose
19 graduates, if they have the other necessary
20 qualifications provided in this Act, shall be eligible to
21 apply for a license to practice nursing in this State;
22 (2) promulgate rules defining what constitutes an
23 approved program of professional nursing education and
24 what constitutes an approved program of practical nursing
25 education; and
26 (3) adopt rules for examination of candidates for
27 licenses and for issuance of licenses authorizing
28 candidates upon passing an examination to practice under
29 this Act.
30 (225 ILCS 65/10-15 new)
31 Sec. 10-15. Nursing Act Coordinator. The Department
32 shall obtain, pursuant to the Personnel Code, a Nursing Act
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1 Coordinator and assistants. The Nursing Coordinator and
2 assistants shall be professional nurses licensed in this
3 State and graduated from approved schools of nursing and each
4 shall have been actively engaged in nursing education not
5 less than one year prior to appointment. The Nursing Act
6 Coordinator shall hold at least a master's degree in nursing
7 from an approved college or university and shall have at
8 least 5 years experience since graduation in progressively
9 responsible positions in nursing education. Each assistant
10 shall hold at least a master's degree in nursing from an
11 approved college or university and shall have at least 3
12 years experience since graduation in progressively
13 responsible positions in nursing education. The Nursing Act
14 Coordinator and assistants shall perform such administrative
15 functions as may be delegated to them by the Director.
16 (225 ILCS 65/10-25, formerly 65/7)
17 Sec. 10-25. 7. Board.
18 (a) The Director shall appoint the Board of Nursing
19 which shall be composed of 9 registered professional nurses,
20 2 licensed practical nurses and one public member who shall
21 also be a voting member and who is not a licensed health care
22 provider. Two registered nurses shall hold at least a
23 master's degree in nursing and be educators in professional
24 nursing programs, one representing baccalaureate nursing
25 education, one representing associate degree nursing
26 education; one registered nurse shall hold at least a
27 bachelor's degree with a major in nursing and be an educator
28 in a licensed practical nursing program; one registered nurse
29 shall hold a master's degree in nursing and shall represent
30 nursing service administration; 2 registered nurses shall
31 represent clinical nursing practice, one of whom shall have
32 at least a master's degree in nursing; and 2 registered
33 nurses shall represent advanced specialty practice. Each of
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1 the 11 nurses shall have had a minimum of 5 years experience
2 in nursing, 3 of which shall be in the area they represent on
3 the Board and be actively engaged in the area of nursing they
4 represent at the time of appointment and during their tenure
5 on the Board. Members shall be appointed for a term of 3
6 years. No member shall be eligible for appointment to more
7 than 2 consecutive terms and any appointment to fill a
8 vacancy shall be for the unexpired portion of the term. In
9 making Board appointments, the Director shall give
10 consideration to recommendations submitted by nursing
11 organizations. Consideration shall be given to equal
12 geographic representation. The Board shall receive actual
13 and necessary expenses incurred in the performance of their
14 duties.
15 In making the initial appointments, the Director shall
16 appoint all new members for terms of 2, 3, and 4 years and
17 such terms shall be staggered as follows: 3 shall be
18 appointed for terms of 2 years; 3 shall be appointed for
19 terms of 3 years; and 3 shall be appointed for terms of 4
20 years.
21 The Director may remove any member of the Board for
22 misconduct, incapacity, or neglect of duty. The Director
23 shall reduce to writing any causes for removal.
24 The Board shall meet annually to elect a chairperson and
25 vice chairperson. The Board may hold such other meetings
26 during the year as may be necessary to conduct its business.
27 Six voting members of the Board shall constitute a quorum at
28 any meeting. Any action taken by the Board must be on the
29 affirmative vote of 6 members. Voting by proxy shall not be
30 permitted.
31 The Board shall submit an annual report to the Director.
32 The members of the Board shall be immune from suit in any
33 action based upon any disciplinary proceedings or other acts
34 performed in good faith as members of the Board.
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1 (b) The Board is authorized to:
2 (1) recommend the adoption and, from time to time,
3 the revision of such rules that may be necessary to carry
4 out the provisions of this Act;
5 (2) conduct hearings and disciplinary conferences
6 upon charges calling for discipline of a licensee as
7 provided in Section 10-45 25;
8 (3) report to the Department, upon completion of a
9 hearing, the disciplinary actions recommended to be taken
10 against persons violating this Act;
11 (4) recommend the approval, denial of approval,
12 withdrawal of approval, or discipline of nursing
13 education programs;
14 (5) participate in a national organization of state
15 boards of nursing; and
16 (6) recommend a list of the registered nurses to
17 serve as Nursing Act Coordinator and Assistant Nursing
18 Act Coordinator, respectively.
19 (Source: P.A. 90-61, eff. 12-30-97.)
20 (225 ILCS 65/10-30, formerly 65/12)
21 Sec. 10-30. 12. Qualifications for licensure.
22 (a) Each applicant who successfully meets the
23 requirements of this Section shall be entitled to licensure
24 as a Registered Nurse or Licensed Practical Nurse, whichever
25 is applicable.
26 (b) An applicant for licensure by examination to
27 practice as a registered nurse or licensed practical nurse
28 shall:
29 (1) submit a completed written application, on
30 forms provided by the Department and fees as established
31 by the Department;
32 (2) for registered nurse licensure, have completed
33 an approved professional nursing education program of not
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1 less than 2 academic years and have graduated from the
2 program; for licensed practical nurse licensure, have
3 completed an approved practical nursing education program
4 of not less than one academic year and have graduated
5 from the program;
6 (3) have not violated the provisions of Section
7 10-45 25 of this Act. The Department may take into
8 consideration any felony conviction of the applicant, but
9 such a conviction shall not operate as an absolute bar to
10 licensure;
11 (4) meet all other requirements as established by
12 rule;
13 (5) pay, either to the Department or its designated
14 testing service, a fee covering the cost of providing the
15 examination. Failure to appear for the examination on the
16 scheduled date at the time and place specified after the
17 applicant's application for examination has been received
18 and acknowledged by the Department or the designated
19 testing service shall result in the forfeiture of the
20 examination fee.
21 If an applicant neglects, fails, or refuses to take an
22 examination or fails to pass an examination for a license
23 under this Act within 3 years after filing the application,
24 the application shall be denied. However, the applicant may
25 make a new application accompanied by the required fee and
26 provide evidence of meeting the requirements in force at the
27 time of the new application.
28 An applicant shall have one year from the date of
29 notification of successful completion of the examination to
30 apply to the Department for a license. If an applicant fails
31 to apply within one year, the applicant shall be required to
32 again take and pass the examination unless licensed in
33 another jurisdiction of the United States within one year 2
34 years of passing the examination.
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1 (c) An applicant for licensure who is a registered
2 professional nurse or a licensed practical nurse licensed by
3 examination under the laws of another state or territory of
4 the United States shall:
5 (1) submit a completed written application, on
6 forms supplied by the Department, and fees as established
7 by the Department;
8 (2) for registered nurse licensure, have completed
9 an approved professional nursing education program of not
10 less than 2 academic years and have graduated from the
11 program; for licensed practical nurse licensure, have
12 completed an approved practical nursing education program
13 of not less than one academic year and have graduated
14 from the program;
15 (3) submit verification of licensure status
16 directly from the United States jurisdiction of
17 licensure;
18 (4) have passed the examination authorized by the
19 Department;
20 (5) meet all other requirements as established by
21 rule.
22 (d) All applicants for licensure pursuant to this
23 Section who are graduates of nursing educational programs in
24 a country other than the United States or its territories
25 must submit to the Department certification of successful
26 completion of the Commission of Graduates of Foreign Nursing
27 Schools (CGFNS) examination. An applicant, who is unable to
28 provide appropriate documentation to satisfy CGFNS of her or
29 his educational qualifications for the CGFNS examination,
30 shall be required to pass an examination to test competency
31 in the English language which shall be prescribed by the
32 Department, if the applicant is determined by the Board to be
33 educationally prepared in nursing. The Board shall make
34 appropriate inquiry into the reasons for any adverse
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1 determination by CGFNS before making its own decision.
2 An applicant licensed in another state or territory who
3 is applying for licensure and has received her or his
4 education in a country other than the United States or its
5 territories shall be exempt from the completion of the
6 Commission of Graduates of Foreign Nursing Schools (CGFNS)
7 examination if the applicant meets all of the following
8 requirements:
9 (1) successful passage of the licensure examination
10 authorized by the Department;
11 (2) holds an active, unencumbered license in
12 another state; and
13 (3) has been actively practicing for a minimum of 2
14 years in another state.
15 (e) No applicant shall be issued a license as a
16 registered nurse or practical nurse under this Section unless
17 he or she has passed the examination authorized by the
18 Department within 3 years of completion and graduation from
19 an approved nursing education program, unless such applicant
20 submits proof of successful completion of a
21 Department-authorized remedial nursing education program or
22 recompletion of an approved registered nursing program or
23 licensed practical nursing program, as appropriate.
24 (f) Pending the issuance of a license under subsection
25 (b) of this Section, the Department may grant an applicant a
26 temporary license to practice nursing as a registered nurse
27 or as a licensed practical nurse if the Department is
28 satisfied that the applicant holds an active, unencumbered
29 license in good standing in another jurisdiction. If the
30 applicant holds more than one current active license, or one
31 or more active temporary licenses from other jurisdictions,
32 the Department shall not issue a temporary license until it
33 is satisfied that each current active license held by the
34 applicant is unencumbered. The temporary license, which
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1 shall be issued no later than 14 working days following
2 receipt by the Department of an application for the temporary
3 license, shall be granted upon the submission of the
4 following to the Department:
5 (1) a signed and completed application for
6 licensure under subsection (a) of this Section as a
7 registered nurse or a licensed practical nurse;
8 (2) proof of a current, active license in at least
9 one other jurisdiction and proof that each current active
10 license or temporary license held by the applicant is
11 unencumbered;
12 (3) a signed and completed application for a
13 temporary license; and
14 (4) the required permit fee.
15 (g) The Department may refuse to issue an applicant a
16 temporary license authorized pursuant to this Section if,
17 within 14 working days following its receipt of an
18 application for a temporary license, the Department
19 determines that:
20 (1) the applicant has been convicted of a crime
21 under the laws of a jurisdiction of the United States:
22 (i) which is a felony; or (ii) which is a misdemeanor
23 directly related to the practice of the profession,
24 within the last 5 years;
25 (2) within the last 5 years the applicant has had a
26 license or permit related to the practice of nursing
27 revoked, suspended, or placed on probation by another
28 jurisdiction, if at least one of the grounds for
29 revoking, suspending, or placing on probation is the same
30 or substantially equivalent to grounds in Illinois; or
31 (3) it intends to deny licensure by endorsement.
32 For purposes of this Section, an "unencumbered license"
33 means a license against which no disciplinary action has been
34 taken or is pending and for which all fees and charges are
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1 paid and current.
2 (h) The Department may revoke a temporary license issued
3 pursuant to this Section if:
4 (1) it determines that the applicant has been
5 convicted of a crime under the law of any jurisdiction of
6 the United States that is (i) a felony or (ii) a
7 misdemeanor directly related to the practice of the
8 profession, within the last 5 years;
9 (2) it determines that within the last 5 years the
10 applicant has had a license or permit related to the
11 practice of nursing revoked, suspended, or placed on
12 probation by another jurisdiction, if at least one of the
13 grounds for revoking, suspending, or placing on probation
14 is the same or substantially equivalent to grounds in
15 Illinois; or
16 (3) it determines that it intends to deny licensure
17 by endorsement.
18 A temporary license or renewed temporary license shall
19 expire (i) upon issuance of an Illinois license or (ii) upon
20 notification that the Department intends to deny licensure by
21 endorsement. A temporary license shall expire 6 months from
22 the date of issuance. Further renewal may be granted by the
23 Department in hardship cases, as defined by rule. However, a
24 temporary license shall automatically expire upon issuance of
25 the Illinois license or upon notification that the Department
26 intends to deny licensure, whichever occurs first. No
27 extensions shall be granted beyond the 6-month period unless
28 approved by the Director. Notification by the Department
29 under this Section shall be by certified or registered mail.
30 (Source: P.A. 90-61, eff. 12-30-97.)
31 (225 ILCS 65/10-35, formerly 65/14)
32 Sec. 10-35. 14. Concurrent theory and clinical practice
33 education requirements. Except for those applicants who have
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1 received advanced graduate degrees in nursing from an
2 approved program with concurrent theory and clinical
3 practice, the educational requirements of Section 10-30 12
4 relating to registered professional nursing and licensed
5 practical nursing shall not be deemed to have been satisfied
6 by the completion of any correspondence course or any program
7 of nursing that does not require coordinated or concurrent
8 theory and clinical practice.
9 (Source: P.A. 90-61, eff. 12-30-97.)
10 (225 ILCS 65/10-40 new)
11 Sec. 10-40. Endorsement. Upon payment of the required
12 fee, an applicant who is a registered professional nurse or a
13 licensed practical nurse educated and licensed under the laws
14 of a foreign country, territory or province shall write and
15 pass an examination conducted by the Department to determine
16 her or his fitness for licensure as a registered professional
17 nurse or a licensed practical nurse:
18 (a) whenever the requirements of such country, territory
19 or province were at the date of license substantially equal
20 to the requirements then in force in this State; and with
21 respect to practical nursing, if prior to the enactment of
22 this Act, substantially equal to the requirements of this Act
23 at the time of its enactment; or
24 (b) whenever such requirements of another country,
25 territory or province together with educational and
26 professional qualifications, as distinguished from practical
27 experience, of the applicant since obtaining a license as a
28 registered professional nurse or a licensed practical nurse
29 in such country, territory or province are substantially
30 equal to the requirements in force in Illinois at the time of
31 application for licensure as a registered nurse or a licensed
32 practical nurse in Illinois.
33 The examination shall be the same as that required of
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1 other applicants for licensure by examination.
2 Applicants have 3 years from the date of application to
3 complete the application process. If the process has not
4 been completed in 3 years, the application shall be denied,
5 the fee forfeited and the applicant must reapply and meet the
6 requirements in effect at the time of reapplication.
7 (225 ILCS 65/10-45 new)
8 Sec. 10-45. Grounds for disciplinary action.
9 (a) The Department may, upon recommendation of the
10 Board, refuse to issue or to renew, or may revoke, suspend,
11 place on probation, reprimand, or take other disciplinary
12 action as the Department may deem appropriate with regard to
13 a license for any one or combination of the causes set forth
14 in subsection (b) below. Fines up to $2,500 may be imposed
15 in conjunction with other forms of disciplinary action for
16 those violations that result in monetary gain for the
17 licensee. Fines shall not be the exclusive disposition of any
18 disciplinary action arising out of conduct resulting in death
19 or injury to a patient. Fines shall not be assessed in
20 disciplinary actions involving mental or physical illness or
21 impairment. All fines collected under this Section shall be
22 deposited in the Nursing Dedicated and Professional Fund.
23 (b) Grounds for disciplinary action include the
24 following:
25 (1) Material deception in furnishing information to
26 the Department.
27 (2) Material violations of any provision of this
28 Act or violation of the rules of or final administrative
29 action of the Director, after consideration of the
30 recommendation of the Board.
31 (3) Conviction of any crime under the laws of any
32 jurisdiction of the United States: (i) which is a felony;
33 or (ii) which is a misdemeanor, an essential element of
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1 which is dishonesty, or (iii) of any crime which is
2 directly related to the practice of the profession.
3 (4) A pattern of practice or other behavior which
4 demonstrates incapacity or incompetency to practice under
5 this Act.
6 (5) Knowingly aiding or assisting another person in
7 violating any provision of this Act or rules.
8 (6) Failing, within 90 days, to provide a response
9 to a request for information in response to a written
10 request made by the Department by certified mail.
11 (7) Engaging in dishonorable, unethical or
12 unprofessional conduct of a character likely to deceive,
13 defraud or harm the public, as defined by rule.
14 (8) Unlawful sale or distribution of any drug,
15 narcotic, or prescription device, or unlawful conversion
16 of any drug, narcotic or prescription device.
17 (9) Habitual or excessive use or addiction to
18 alcohol, narcotics, stimulants, or any other chemical
19 agent or drug which results in a licensee's inability to
20 practice with reasonable judgment, skill or safety.
21 (10) Discipline by another U.S. jurisdiction or
22 foreign nation, if at least one of the grounds for the
23 discipline is the same or substantially equivalent to
24 those set forth in this Section.
25 (11) A finding that the licensee, after having her
26 or his license placed on probationary status, has
27 violated the terms of probation.
28 (12) Being named as a perpetrator in an indicated
29 report by the Department of Children and Family Services
30 and under the Abused and Neglected Child Reporting Act,
31 and upon proof by clear and convincing evidence that the
32 licensee has caused a child to be an abused child or
33 neglected child as defined in the Abused and Neglected
34 Child Reporting Act.
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1 (13) Willful omission to file or record, or
2 willfully impeding the filing or recording or inducing
3 another person to omit to file or record medical reports
4 as required by law or willfully failing to report an
5 instance of suspected child abuse or neglect as required
6 by the Abused and Neglected Child Reporting Act.
7 (14) Gross negligence in the practice of nursing.
8 (15) Holding oneself out to be practicing nursing
9 under any name other than one's own.
10 (16) Fraud, deceit or misrepresentation in applying
11 for or procuring a license under this Act or in
12 connection with applying for renewal of a license under
13 this Act.
14 (17) Allowing another person or organization to use
15 the licensees' license to deceive the public.
16 (18) Willfully making or filing false records or
17 reports in the licensee's practice, including but not
18 limited to false records to support claims against the
19 medical assistance program of the Department of Public
20 Aid under the Illinois Public Aid Code.
21 (19) Attempting to subvert or cheat on a nurse
22 licensing examination administered under this Act.
23 (20) Immoral conduct in the commission of an act,
24 such as sexual abuse, sexual misconduct, or sexual
25 exploitation, related to the licensee's practice.
26 (21) Willfully or negligently violating the
27 confidentiality between nurse and patient except as
28 required by law.
29 (22) Practicing under a false or assumed name,
30 except as provided by law.
31 (23) The use of any false, fraudulent, or deceptive
32 statement in any document connected with the licensee's
33 practice.
34 (24) Directly or indirectly giving to or receiving
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1 from a person, firm, corporation, partnership, or
2 association a fee, commission, rebate, or other form of
3 compensation for professional services not actually or
4 personally rendered.
5 (25) Failure of a licensee to report to the
6 Department any adverse final action taken against such
7 licensee by another licensing jurisdiction (any other
8 jurisdiction of the United States or any foreign state or
9 country), by any peer review body, by any health care
10 institution, by any professional or nursing society or
11 association, by any governmental agency, by any law
12 enforcement agency, or by any court or a nursing
13 liability claim related to acts or conduct similar to
14 acts or conduct that would constitute grounds for action
15 as defined in this Section.
16 (26) Failure of a licensee to report to the
17 Department surrender by the licensee of a license or
18 authorization to practice nursing in another state or
19 jurisdiction, or current surrender by the licensee of
20 membership on any nursing staff or in any nursing or
21 professional association or society while under
22 disciplinary investigation by any of those authorities or
23 bodies for acts or conduct similar to acts or conduct
24 that would constitute grounds for action as defined by
25 this Section.
26 (27) A violation of the Health Care Worker
27 Self-Referral Act.
28 (28) Physical illness, including but not limited to
29 deterioration through the aging process or loss of motor
30 skill, mental illness, or disability that results in the
31 inability to practice the profession with reasonable
32 judgment, skill, or safety.
33 (c) The determination by a circuit court that a licensee
34 is subject to involuntary admission or judicial admission as
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1 provided in the Mental Health and Developmental Disabilities
2 Code, as amended, operates as an automatic suspension. The
3 suspension will end only upon a finding by a court that the
4 patient is no longer subject to involuntary admission or
5 judicial admission and issues an order so finding and
6 discharging the patient; and upon the recommendation of the
7 Board to the Director that the licensee be allowed to resume
8 his or her practice.
9 (d) The Department may refuse to issue or may suspend
10 the license of any person who fails to file a return, or to
11 pay the tax, penalty or interest shown in a filed return, or
12 to pay any final assessment of the tax, penalty, or interest
13 as required by any tax Act administered by the Illinois
14 Department of Revenue, until such time as the requirements of
15 any such tax Act are satisfied.
16 (e) In enforcing this Section, the Department or Board
17 upon a showing of a possible violation may compel an
18 individual licensed to practice under this Act, or who has
19 applied for licensure under this Act, to submit to a mental
20 or physical examination, or both, as required by and at the
21 expense of the Department. The Department or Board may order
22 the examining physician to present testimony concerning the
23 mental or physical examination of the licensee or applicant.
24 No information shall be excluded by reason of any common law
25 or statutory privilege relating to communications between the
26 licensee or applicant and the examining physician. The
27 examining physicians shall be specifically designated by the
28 Board or Department. The individual to be examined may have,
29 at his or her own expense, another physician of his or her
30 choice present during all aspects of this examination.
31 Failure of an individual to submit to a mental or physical
32 examination, when directed, shall be grounds for suspension
33 of his or her license until the individual submits to the
34 examination if the Department finds, after notice and
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1 hearing, that the refusal to submit to the examination was
2 without reasonable cause.
3 If the Department or Board finds an individual unable to
4 practice because of the reasons set forth in this Section,
5 the Department or Board may require that individual to submit
6 to care, counseling, or treatment by physicians approved or
7 designated by the Department or Board, as a condition, term,
8 or restriction for continued, reinstated, or renewed
9 licensure to practice; or, in lieu of care, counseling, or
10 treatment, the Department may file, or the Board may
11 recommend to the Department to file, a complaint to
12 immediately suspend, revoke, or otherwise discipline the
13 license of the individual. An individual whose license was
14 granted, continued, reinstated, renewed, disciplined or
15 supervised subject to such terms, conditions, or
16 restrictions, and who fails to comply with such terms,
17 conditions, or restrictions, shall be referred to the
18 Director for a determination as to whether the individual
19 shall have his or her license suspended immediately, pending
20 a hearing by the Department.
21 In instances in which the Director immediately suspends a
22 person's license under this Section, a hearing on that
23 person's license must be convened by the Department within 15
24 days after the suspension and completed without appreciable
25 delay. The Department and Board shall have the authority to
26 review the subject individual's record of treatment and
27 counseling regarding the impairment to the extent permitted
28 by applicable federal statutes and regulations safeguarding
29 the confidentiality of medical records.
30 An individual licensed under this Act and affected under
31 this Section shall be afforded an opportunity to demonstrate
32 to the Department or Board that he or she can resume practice
33 in compliance with acceptable and prevailing standards under
34 the provisions of his or her license.
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1 (225 ILCS 65/10-50 new)
2 Sec. 10-50. Intoxication and drug abuse.
3 (a) A professional assistance program for nurses shall
4 be established by January 1, 1999.
5 (b) The Director shall appoint a task force to advise in
6 the creation of the assistance program. The task force shall
7 include members of the Department and professional nurses,
8 and shall report its findings and recommendations to the
9 Committee on Nursing.
10 (c) Any registered professional nurse who is an
11 administrator or officer in any hospital, nursing home, other
12 health care agency or facility, or nurse agency and has
13 knowledge of any action or condition which reasonably
14 indicates to her or him that a registered professional nurse
15 or licensed practical nurse employed by or practicing nursing
16 in such hospital, nursing home, other health care agency or
17 facility, or nurse agency is habitually intoxicated or
18 addicted to the use of habit-forming drugs to the extent that
19 such intoxication or addiction adversely affects such nurse's
20 professional performance, or unlawfully possesses, uses,
21 distributes or converts habit-forming drugs belonging to the
22 hospital, nursing home or other health care agency or
23 facility for such nurse's own use, shall promptly file a
24 written report thereof to the Department; provided however,
25 an administrator or officer need not file the report if the
26 nurse participates in a course of remedial professional
27 counseling or medical treatment for substance abuse, as long
28 as such nurse actively pursues such treatment under
29 monitoring by the administrator or officer or by the
30 hospital, nursing home, health care agency or facility, or
31 nurse agency and the nurse continues to be employed by such
32 hospital, nursing home, health care agency or facility, or
33 nurse agency. The Department shall review all reports
34 received by it in a timely manner. Its initial review shall
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1 be completed no later than 60 days after receipt of the
2 report. Within this 60 day period, the Department shall, in
3 writing, make a determination as to whether there are
4 sufficient facts to warrant further investigation or action.
5 Should the Department find insufficient facts to warrant
6 further investigation, or action, the report shall be
7 accepted for filing and the matter shall be deemed closed and
8 so reported.
9 Should the Department find sufficient facts to warrant
10 further investigation, such investigation shall be completed
11 within 60 days of the date of the determination of sufficient
12 facts to warrant further investigation or action. Final
13 action shall be determined no later than 30 days after the
14 completion of the investigation. If there is a finding which
15 verifies habitual intoxication or drug addiction which
16 adversely affects professional performance or the unlawful
17 possession, use, distribution or conversion of habit-forming
18 drugs by the reported nurse, the Department may refuse to
19 issue or renew or may suspend or revoke that nurse's license
20 as a registered professional nurse or a licensed practical
21 nurse.
22 Any of the aforementioned actions or a determination that
23 there are insufficient facts to warrant further investigation
24 or action shall be considered a final action. The nurse
25 administrator or officer who filed the original report or
26 complaint, and the nurse who is the subject of the report,
27 shall be notified in writing by the Department within 15 days
28 of any final action taken by the Department.
29 Each year on March 1, commencing with the effective date
30 of this Act, the Department shall submit a report to the
31 General Assembly. The report shall include the number of
32 reports made under this Section to the Department during the
33 previous year, the number of reports reviewed and found
34 insufficient to warrant further investigation, the number of
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1 reports not completed and the reasons for incompletion. This
2 report shall be made available also to nurses requesting the
3 report.
4 Any person making a report under this Section or in good
5 faith assisting another person in making such a report shall
6 have immunity from any liability, either criminal or civil,
7 that might result by reason of such action. For the purpose
8 of any legal proceeding, criminal or civil, there shall be a
9 rebuttable presumption that any person making a report under
10 this Section or assisting another person in making such
11 report was acting in good faith. All such reports and any
12 information disclosed to or collected by the Department
13 pursuant to this Section shall remain confidential records of
14 the Department and shall not be disclosed nor be subject to
15 any law or regulation of this State relating to freedom of
16 information or public disclosure of records.
17 (225 ILCS 65/Title 15 heading new)
18 TITLE 15. ADVANCED PRACTICE NURSES
19 (225 ILCS 65/15-5 new)
20 Sec. 15-5. Definitions. As used in this Title:
21 "APN Board" means the Advanced Practice Nursing Board.
22 "Advanced practice nurse" or "APN" means a person who:
23 (1) is licensed as a registered professional nurse under
24 this Act; (2) meets the requirements for licensure as an
25 advanced practice nurse under Section 15-10; (3) has a
26 written collaborative agreement with a collaborating
27 physician in the diagnosis of illness and management of
28 wellness and other conditions as appropriate to the level and
29 area of his or her practice in accordance with Section 15-15;
30 and (4) cares for patients (A) by using advanced diagnostic
31 skills, the results of diagnostic tests and procedures
32 ordered by the advanced practice nurse, a physician
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1 assistant, a dentist, a podiatrist, or a physician, and
2 professional judgment to initiate and coordinate the care of
3 patients; (B) by ordering diagnostic tests, prescribing
4 medications and drugs in accordance with Section 15-20, and
5 administering medications and drugs; and (C) by using
6 medical, therapeutic, and corrective measures to treat
7 illness and improve health status. Categories include
8 certified nurse midwife (CNM), certified nurse practitioner
9 (CNP), or certified clinical nurse specialist (CNS).
10 "Collaborating physician" means a physician who works
11 with an advanced practice nurse and provides medical
12 direction as documented in a written collaborative agreement
13 required under Section 15-15.
14 "Licensed hospital" means a hospital licensed under the
15 Hospital Licensing Act or organized under the University of
16 Illinois Hospital Act.
17 "Physician" means a person licensed to practice medicine
18 in all its branches under the Medical Practice Act of 1987.
19 (225 ILCS 65/15-10 new)
20 Sec. 15-10. Advanced practice nurse; qualifications;
21 roster.
22 (a) A person shall be qualified for licensure as an
23 advanced practice nurse if that person:
24 (1) has applied in writing in form and substance
25 satisfactory to the Department and has not violated a
26 provision of this Act or the rules adopted under this
27 Act. The Department may take into consideration any
28 felony conviction of the applicant but a conviction shall
29 not operate as an absolute bar to licensure;
30 (2) holds a current license to practice as a
31 registered nurse in Illinois;
32 (3) has successfully completed requirements to
33 practice as, and holds a current, national certification
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1 as, a nurse midwife, clinical nurse specialist, or nurse
2 practitioner from the appropriate national certifying
3 body as determined by rule of the Department;
4 (4) has paid the required fees as set by rule; and
5 (5) has successfully completed a post-basic
6 advanced practice formal education program in the area of
7 his or her nursing specialty.
8 (b) In addition to meeting the requirements of
9 subsection (a), except item (5) of that subsection, beginning
10 July 1, 2001 or 12 months after the adoption of final rules
11 to implement this Section, whichever is sooner, applicants
12 for initial licensure shall have a graduate degree
13 appropriate for national certification in a clinical advanced
14 practice nursing specialty.
15 (c) The Department shall provide by rule for APN
16 licensure of registered professional nurses who (1) apply for
17 licensure before July 1, 2001 and (2) submit evidence of
18 completion of a program described in item (5) of subsection
19 (a) or in subsection (b) and evidence of practice for at
20 least 10 years as a nurse practitioner.
21 (d) The Department shall maintain a separate roster of
22 advanced practice nurses licensed under this Title and their
23 licenses shall indicate "Registered Nurse/Advanced Practice
24 Nurse".
25 (225 ILCS 65/15-15 new)
26 Sec. 15-15. Written collaborative agreements.
27 (a) No person shall engage in the practice of advanced
28 practice nursing except when licensed under this Title and
29 pursuant to a written collaborative agreement with a
30 collaborating physician.
31 (b) A written collaborative agreement shall describe the
32 working relationship of the advanced practice nurse with the
33 collaborating physician and shall authorize the categories of
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1 care, treatment, or procedures to be performed by the
2 advanced practice nurse. Collaboration does not require an
3 employment relationship between the collaborating physician
4 and advanced practice nurse. Collaboration means the
5 relationship under which an advanced practice nurse works
6 with a collaborating physician in an active clinical practice
7 to deliver health care services in accordance with (i) the
8 advanced practice nurse's training, education, and experience
9 and (ii) medical direction as documented in a jointly
10 developed written collaborative agreement.
11 The agreement shall be defined to promote the exercise of
12 professional judgment by the advanced practice nurse
13 commensurate with his or her education and experience. The
14 services to be provided by the advanced practice nurse shall
15 be services that the collaborating physician generally
16 provides to his or her patients in the normal course of his
17 or her clinical medical practice. The agreement need not
18 describe the exact steps that an advanced practice nurse must
19 take with respect to each specific condition, disease, or
20 symptom but must specify which authorized procedures require
21 a physician's presence as the procedures are being performed.
22 The collaborative relationship under an agreement shall not
23 be construed to require the personal presence of a physician
24 at all times at the place where services are rendered.
25 Methods of communication shall be available for consultation
26 with the collaborating physician in person or by
27 telecommunications in accordance with established written
28 guidelines as set forth in the written agreement.
29 (c) Physician medical direction under an agreement shall
30 be adequate if a collaborating physician:
31 (1) participates in the joint formulation and joint
32 approval of orders or guidelines with the APN and he or
33 she periodically reviews such orders and the services
34 provided patients under such orders in accordance with
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1 accepted standards of medical practice and advanced
2 practice nursing practice;
3 (2) is on site at least once a month to provide
4 medical direction and consultation; and
5 (3) is available through telecommunications for
6 consultation on medical problems, complications, or
7 emergencies or patient referral.
8 (d) A copy of the signed, written collaborative
9 agreement must be available to the Department upon request
10 from both the advanced practice nurse and the collaborating
11 physician and shall be annually updated. An advanced
12 practice nurse shall inform each collaborating physician of
13 all collaborative agreements he or she has signed and provide
14 a copy of these to any collaborating physician, upon request.
15 (225 ILCS 65/15-20 new)
16 Sec. 15-20. Prescriptive authority.
17 (a) A collaborating physician may, but is not required
18 to, delegate limited prescriptive authority to an advanced
19 practice nurse as part of a written collaborative agreement.
20 This authority may, but is not required to, include
21 prescription of legend drugs and legend controlled substances
22 categorized as Schedule III, IV, or V controlled substances,
23 as defined in Article II of the Illinois Controlled
24 Substances Act.
25 (b) To prescribe Schedule III, IV, or V controlled
26 substances under this Section, an advanced practice nurse
27 shall affix the collaborating physician's DEA number to, and
28 individually sign, the appropriate prescription form
29 containing the printed names of the advanced practice nurse
30 and collaborating physician in accordance with the written
31 collaborative agreement. Medication orders shall be reviewed
32 periodically by the collaborating physician.
33 (c) The collaborating physician shall file with the
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1 Department notice of delegation of prescriptive authority and
2 termination of such delegation, in accordance with rules of
3 the Department.
4 (d) Nothing in this Act shall be construed to limit the
5 delegation of tasks or duties by a physician to a licensed
6 practical nurse, a registered professional nurse, or other
7 personnel.
8 (225 ILCS 65/15-30 new)
9 Sec. 15-30. Title.
10 (a) No person shall use any words, abbreviations,
11 figures, letters, title, sign, card, or device tending to
12 imply that he or she is an advanced practice nurse, including
13 but not limited to using the titles or initials "Advanced
14 Practice Nurse", "Certified Nurse Midwife", "Certified Nurse
15 Practitioner", "Clinical Nurse Specialist", "A.P.N.",
16 "C.N.M.", "C.N.P.", "C.N.S.", or similar titles or initials,
17 with the intention of indicating practice as an advanced
18 practice nurse without meeting the requirements of this Act.
19 No advanced practice nurse shall use the title of doctor or
20 associate with his or her name or any other term to indicate
21 to other persons that he or she is qualified to engage in the
22 general practice of medicine.
23 (b) An advanced practice nurse shall verbally identify
24 himself or herself as an advanced practice nurse including
25 specialty certification to each patient.
26 (c) Nothing in this Act shall be construed to relieve a
27 physician of professional or legal responsibility for the
28 care and treatment of persons attended by him or her or to
29 relieve an advanced practice nurse of the professional or
30 legal responsibility for the care and treatment of persons
31 attended by him or her.
32 (225 ILCS 65/15-35 new)
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1 Sec. 15-35. Advanced Practice Nursing Board.
2 (a) There is hereby established an Advanced Practice
3 Nursing Board, hereinafter referred to as the "APN Board".
4 The APN Board shall review and make recommendations to the
5 Department regarding matters relating to licensure and
6 discipline of advanced practice nurses. The APN Board shall
7 be composed of 9 members to be appointed by the Governor, 4
8 of whom shall be advanced practice nurses and 3 of whom shall
9 be collaborating physicians. In making appointments to the
10 APN Board, the Governor shall give due consideration to
11 recommendations by statewide professional associations or
12 societies representing nurses and physicians in Illinois.
13 Two members, not employed or having any material interest in
14 any health care field, shall represent the public. The
15 chairperson of the APN Board shall be a member elected by a
16 majority vote of the APN Board. The APN Board shall meet and
17 report to the Department quarterly and as advanced practice
18 nurse issues arise.
19 Initial appointments to the APN Board shall be made
20 within 90 days after the effective date of this amendatory
21 Act of 1998. The terms of office of each of the original
22 members shall be at staggered intervals. One physician and
23 one advanced practice nurse shall serve one-year terms. One
24 physician and one advanced practice nurse shall serve 2-year
25 terms. One physician and one advanced practice nurse shall
26 serve 3-year terms. One advanced practice nurse and the
27 public members shall serve 4-year terms. Upon the expiration
28 of the term of an initial member, his or her successor shall
29 be appointed for a term of 4 years. No member shall serve
30 more than 2 consecutive terms, excluding initial appointment
31 terms. An appointment to fill a vacancy shall be for the
32 unexpired portion of the term. Members of the APN Board
33 shall be reimbursed for all authorized legitimate and
34 necessary expenses incurred in attending the meetings of the
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1 APN Board. A majority of the APN Board members appointed
2 shall constitute a quorum. A vacancy in the membership of
3 the APN Board shall not impair the right of a quorum to
4 perform all of the duties of the APN Board. A member of the
5 APN Board shall have no liability in an action based upon a
6 disciplinary proceeding or other activity performed in good
7 faith as a member of the APN Board.
8 (b) Complaints received concerning advanced practice
9 nurses shall be reviewed by the APN Board. Complaints
10 received concerning collaborating physicians shall be
11 reviewed by the Medical Disciplinary Board.
12 (225 ILCS 65/15-40 new)
13 Sec. 15-40. Advertising.
14 (a) A person licensed under this Title may advertise the
15 availability of professional services in the public media or
16 on the premises where the professional services are rendered.
17 The advertising shall be limited to the following
18 information:
19 (1) publication of the person's name, title, office
20 hours, address, and telephone number;
21 (2) information pertaining to the person's areas of
22 specialization, including but not limited to appropriate
23 board certification or limitation of professional
24 practice;
25 (3) publication of the person's collaborating
26 physician's name, title, and areas of specialization;
27 (4) information on usual and customary fees for
28 routine professional services offered, which shall
29 include notification that fees may be adjusted due to
30 complications or unforeseen circumstances;
31 (5) announcements of the opening of, change of,
32 absence from, or return to business;
33 (6) announcement of additions to or deletions from
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1 professional licensed staff; and
2 (7) the issuance of business or appointment cards.
3 (b) It is unlawful for a person licensed under this
4 Title to use testimonials or claims of superior quality of
5 care to entice the public. It shall be unlawful to advertise
6 fee comparisons of available services with those of other
7 licensed persons.
8 (c) This Title does not authorize the advertising of
9 professional services that the offeror of the services is not
10 licensed or authorized to render. Nor shall the advertiser
11 use statements that contain false, fraudulent, deceptive, or
12 misleading material or guarantees of success, statements that
13 play upon the vanity or fears of the public, or statements
14 that promote or produce unfair competition.
15 (d) It is unlawful and punishable under the penalty
16 provisions of this Act for a person licensed under this Title
17 to knowingly advertise that the licensee will accept as
18 payment for services rendered by assignment from any third
19 party payor the amount the third party payor covers as
20 payment in full, if the effect is to give the impression of
21 eliminating the need of payment by the patient of any
22 required deductible or copayment applicable in the patient's
23 health benefit plan.
24 (e) As used in this Section, "advertise" means
25 solicitation by the licensee or through another person or
26 entity by means of handbills, posters, circulars, motion
27 pictures, radio, newspapers, or television or any other
28 manner.
29 (225 ILCS 65/15-45 new)
30 Sec. 15-45. Continuing education. The Department shall
31 adopt rules of continuing education for persons licensed
32 under this Title that require 50 hours of continuing
33 education per 2-year license renewal cycle. The rules shall
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1 not be inconsistent with requirements of relevant national
2 certifying bodies or State or national professional
3 associations. The rules shall also address variances for
4 illness or hardship. The continuing education rules shall
5 assure that licensees are given the opportunity to
6 participate in programs sponsored by or through their State
7 or national professional associations, hospitals, or other
8 providers of continuing education. Each licensee is
9 responsible for maintaining records of completion of
10 continuing education and shall be prepared to produce the
11 records when requested by the Department.
12 (225 ILCS 65/15-50 new)
13 Sec. 15-50. Grounds for disciplinary action.
14 (a) The Department may, upon the recommendation of the
15 APN Board, refuse to issue or to renew, or may revoke,
16 suspend, place on probation, censure or reprimand, or take
17 other disciplinary action as the Department may deem
18 appropriate with regard to a license issued under this Title,
19 including the issuance of fines not to exceed $5,000 for each
20 violation, for any one or combination of the grounds for
21 discipline set forth in Section 10-45 of this Act or for any
22 one or combination of the following causes:
23 (1) Gross negligence in the practice of advanced
24 practice nursing.
25 (2) Exceeding the terms of a collaborative
26 agreement or the prescriptive authority delegated to him
27 or her by his or her collaborating physician or alternate
28 collaborating physician in guidelines established under a
29 written collaborative agreement.
30 (3) Making a false or misleading statement
31 regarding his or her skill or the efficacy or value of
32 the medicine, treatment, or remedy prescribed by him or
33 her in the course of treatment.
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1 (4) Prescribing, selling, administering,
2 distributing, giving, or self-administering a drug
3 classified as a controlled substance (designated product)
4 or narcotic for other than medically accepted therapeutic
5 purposes.
6 (5) Promotion of the sale of drugs, devices,
7 appliances, or goods provided for a patient in a manner
8 to exploit the patient for financial gain.
9 (6) Violating State or federal laws or regulations
10 relating to controlled substances.
11 (7) Willfully or negligently violating the
12 confidentiality between advanced practice nurse,
13 collaborating physician, and patient, except as required
14 by law.
15 (8) Failure of a licensee to report to the
16 Department any adverse final action taken against such
17 licensee by another licensing jurisdiction (any other
18 jurisdiction of the United States or any foreign state or
19 country), any peer review body, any health care
20 institution, a professional or nursing or advanced
21 practice nursing society or association, a governmental
22 agency, a law enforcement agency, or a court or a
23 liability claim relating to acts or conduct similar to
24 acts or conduct that would constitute grounds for action
25 as defined in this Section.
26 (9) Failure of a licensee to report to the
27 Department surrender by the licensee of a license or
28 authorization to practice nursing or advanced practice
29 nursing in another state or jurisdiction, or current
30 surrender by the licensee of membership on any nursing
31 staff or organized health care professional staff or in
32 any nursing, advanced practice nurse, or professional
33 association or society while under disciplinary
34 investigation by any of those authorities or bodies for
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1 acts or conduct similar to acts or conduct that would
2 constitute grounds for action as defined in this Section.
3 (10) Failing, within 60 days, to provide
4 information in response to a written request made by the
5 Department.
6 (11) Failure to establish and maintain records of
7 patient care and treatment as required by law.
8 (12) Any violation of any Section of this Title or
9 Act.
10 When the Department has received written reports
11 concerning incidents required to be reported in items (8) and
12 (9), the licensee's failure to report the incident to the
13 Department under those items shall not be the sole grounds
14 for disciplinary action.
15 (b) The Department may refuse to issue or may suspend
16 the license of any person who fails to file a return, to pay
17 the tax, penalty, or interest shown in a filed return, or to
18 pay any final assessment of the tax, penalty, or interest as
19 required by a tax Act administered by the Department of
20 Revenue, until the requirements of the tax Act are satisfied.
21 (c) In enforcing this Section, the Department or APN
22 Board, upon a showing of a possible violation, may compel an
23 individual licensed to practice under this Title, or who has
24 applied for licensure under this Title, to submit to a mental
25 or physical examination or both, as required by and at the
26 expense of the Department. The Department or APN Board may
27 order the examining physician to present testimony concerning
28 the mental or physical examination of the licensee or
29 applicant. No information shall be excluded by reason of any
30 common law or statutory privilege relating to communications
31 between the licensee or applicant and the examining
32 physician. The examining physician shall be specifically
33 designated by the APN Board or Department. The individual to
34 be examined may have, at his or her own expense, another
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1 physician of his or her choice present during all aspects of
2 this examination. Failure of an individual to submit to a
3 mental or physical examination when directed shall be grounds
4 for suspension of his or her license until the individual
5 submits to the examination if the Department finds, after
6 notice and hearing, that the refusal to submit to the
7 examination was without reasonable cause.
8 If the Department or APN Board finds an individual unable
9 to practice because of the reasons set forth in this Section,
10 the Department or APN Board may require that individual to
11 submit to care, counseling, or treatment by physicians
12 approved or designated by the Department or APN Board as a
13 condition, term, or restriction for continued, reinstated, or
14 renewed licensure to practice; or, in lieu of care,
15 counseling, or treatment, the Department may file, or the APN
16 Board may recommend to the Department to file, a complaint to
17 immediately suspend, revoke, or otherwise discipline the
18 license of the individual. An individual whose license was
19 granted, continued, reinstated, renewed, disciplined or
20 supervised subject to terms, conditions, or restrictions, and
21 who fails to comply with the terms, conditions, or
22 restrictions, shall be referred to the Director for a
23 determination as to whether the individual shall have his or
24 her license suspended immediately, pending a hearing by the
25 Department.
26 In instances in which the Director immediately suspends a
27 person's license under this Section, a hearing on that
28 person's license shall be convened by the Department within
29 15 days after the suspension and shall be completed without
30 appreciable delay. The Department and APN Board shall have
31 the authority to review the subject individual's record of
32 treatment and counseling regarding the impairment to the
33 extent permitted by applicable federal statutes and
34 regulations safeguarding the confidentiality of medical
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1 records.
2 An individual licensed under this Title and affected
3 under this Section shall be afforded an opportunity to
4 demonstrate to the Department or APN Board that he or she can
5 resume practice in compliance with acceptable and prevailing
6 standards under the provisions of his or her license.
7 (225 ILCS 65/15-55 new)
8 Sec. 15-55. Reports relating to professional conduct and
9 capacity.
10 (a) Entities Required to Report.
11 (1) Health Care Institutions. The chief
12 administrator or executive officer of a health care
13 institution licensed by the Department of Public Health,
14 which provides the minimum due process set forth in
15 Section 10.4 of the Hospital Licensing Act, shall report
16 to the APN Board when a licensee's organized professional
17 staff clinical privileges are terminated or are
18 restricted based on a final determination, in accordance
19 with that institution's bylaws or rules and regulations,
20 that (i) a person has either committed an act or acts
21 that may directly threaten patient care and that are not
22 of an administrative nature or (ii) that a person may be
23 mentally or physically disabled in a manner that may
24 endanger patients under that person's care. The chief
25 administrator or officer shall also report if a licensee
26 accepts voluntary termination or restriction of clinical
27 privileges in lieu of formal action based upon conduct
28 related directly to patient care and not of an
29 administrative nature, or in lieu of formal action
30 seeking to determine whether a person may be mentally or
31 physically disabled in a manner that may endanger
32 patients under that person's care. The APN Board shall
33 provide by rule for the reporting to it of all instances
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1 in which a person licensed under this Title, who is
2 impaired by reason of age, drug, or alcohol abuse or
3 physical or mental impairment, is under supervision and,
4 where appropriate, is in a program of rehabilitation.
5 Reports submitted under this subsection shall be strictly
6 confidential and may be reviewed and considered only by
7 the members of the APN Board or authorized staff as
8 provided by rule of the APN Board. Provisions shall be
9 made for the periodic report of the status of any such
10 reported person not less than twice annually in order
11 that the APN Board shall have current information upon
12 which to determine the status of that person. Initial
13 and periodic reports of impaired advanced practice nurses
14 shall not be considered records within the meaning of the
15 State Records Act and shall be disposed of, following a
16 determination by the APN Board that such reports are no
17 longer required, in a manner and at an appropriate time
18 as the APN Board shall determine by rule. The filing of
19 reports submitted under this subsection shall be
20 construed as the filing of a report for purposes of
21 subsection (c) of this Section.
22 (2) Professional Associations. The President or
23 chief executive officer of an association or society of
24 persons licensed under this Title, operating within this
25 State, shall report to the APN Board when the association
26 or society renders a final determination that a person
27 licensed under this Title has committed unprofessional
28 conduct related directly to patient care or that a person
29 may be mentally or physically disabled in a manner that
30 may endanger patients under the person's care.
31 (3) Professional Liability Insurers. Every
32 insurance company that offers policies of professional
33 liability insurance to persons licensed under this Title,
34 or any other entity that seeks to indemnify the
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1 professional liability of a person licensed under this
2 Title, shall report to the APN Board the settlement of
3 any claim or cause of action, or final judgment rendered
4 in any cause of action, that alleged negligence in the
5 furnishing of patient care by the licensee when the
6 settlement or final judgment is in favor of the
7 plaintiff.
8 (4) State's Attorneys. The State's Attorney of
9 each county shall report to the APN Board all instances
10 in which a person licensed under this Title is convicted
11 or otherwise found guilty of the commission of a felony.
12 (5) State Agencies. All agencies, boards,
13 commissions, departments, or other instrumentalities of
14 the government of this State shall report to the APN
15 Board any instance arising in connection with the
16 operations of the agency, including the administration of
17 any law by the agency, in which a person licensed under
18 this Title has either committed an act or acts that may
19 constitute a violation of this Title, that may constitute
20 unprofessional conduct related directly to patient care,
21 or that indicates that a person licensed under this Title
22 may be mentally or physically disabled in a manner that
23 may endanger patients under that person's care.
24 (b) Mandatory Reporting. All reports required under
25 items (8) and (9) of subsection (a) of Section 15-50 and
26 under this Section shall be submitted to the APN Board in a
27 timely fashion. The reports shall be filed in writing within
28 60 days after a determination that a report is required under
29 this Title. All reports shall contain the following
30 information:
31 (1) The name, address, and telephone number of
32 the person making the report.
33 (2) The name, address, and telephone number of
34 the person who is the subject of the report.
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1 (3) The name or other means of identification of
2 any patient or patients whose treatment is a subject of
3 the report, except that no medical records may be
4 revealed without the written consent of the patient or
5 patients.
6 (4) A brief description of the facts that gave rise
7 to the issuance of the report, including but not limited
8 to the dates of any occurrences deemed to necessitate the
9 filing of the report.
10 (5) If court action is involved, the identity of
11 the court in which the action is filed, the docket
12 number, and date of filing of the action.
13 (6) Any further pertinent information that the
14 reporting party deems to be an aid in the evaluation of
15 the report.
16 Nothing contained in this Section shall be construed to
17 in any way waive or modify the confidentiality of medical
18 reports and committee reports to the extent provided by law.
19 Any information reported or disclosed shall be kept for the
20 confidential use of the APN Board, the APN Board's attorneys,
21 the investigative staff, and authorized clerical staff and
22 shall be afforded the same status as is provided information
23 concerning medical studies in Part 21 of Article VIII of the
24 Code of Civil Procedure.
25 (c) Immunity from Prosecution. An individual or
26 organization acting in good faith, and not in a wilful and
27 wanton manner, in complying with this Title by providing a
28 report or other information to the APN Board, by assisting in
29 the investigation or preparation of a report or information,
30 by participating in proceedings of the APN Board, or by
31 serving as a member of the Board shall not, as a result of
32 such actions, be subject to criminal prosecution or civil
33 damages.
34 (d) Indemnification. Members of the APN Board, the APN
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1 Board's attorneys, the investigative staff, advanced practice
2 nurses or physicians retained under contract to assist and
3 advise in the investigation, and authorized clerical staff
4 shall be indemnified by the State for any actions (i)
5 occurring within the scope of services on the APN Board, (ii)
6 performed in good faith, and (iii) not wilful and wanton in
7 nature. The Attorney General shall defend all actions taken
8 against those persons unless he or she determines either that
9 there would be a conflict of interest in the representation
10 or that the actions complained of were not performed in good
11 faith or were wilful and wanton in nature. If the Attorney
12 General declines representation, the member shall have the
13 right to employ counsel of his or her choice, whose fees
14 shall be provided by the State, after approval by the
15 Attorney General, unless there is a determination by a court
16 that the member's actions were not performed in good faith or
17 were wilful and wanton in nature. The member shall notify the
18 Attorney General within 7 days of receipt of notice of the
19 initiation of an action involving services of the APN Board.
20 Failure to so notify the Attorney General shall constitute an
21 absolute waiver of the right to a defense and
22 indemnification. The Attorney General shall determine within
23 7 days after receiving the notice whether he or she will
24 undertake to represent the member.
25 (e) Deliberations of APN Board. Upon the receipt of a
26 report called for by this Title, other than those reports of
27 impaired persons licensed under this Title required pursuant
28 to the rules of the APN Board, the APN Board shall notify in
29 writing by certified mail the person who is the subject of
30 the report. The notification shall be made within 30 days of
31 receipt by the APN Board of the report. The notification
32 shall include a written notice setting forth the person's
33 right to examine the report. Included in the notification
34 shall be the address at which the file is maintained, the
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1 name of the custodian of the reports, and the telephone
2 number at which the custodian may be reached. The person who
3 is the subject of the report shall submit a written statement
4 responding to, clarifying, adding to, or proposing to amend
5 the report previously filed. The statement shall become a
6 permanent part of the file and shall be received by the APN
7 Board no more than 30 days after the date on which the person
8 was notified of the existence of the original report. The
9 APN Board shall review all reports received by it and any
10 supporting information and responding statements submitted by
11 persons who are the subject of reports. The review by the
12 APN Board shall be in a timely manner but in no event shall
13 the APN Board's initial review of the material contained in
14 each disciplinary file be less than 61 days nor more than 180
15 days after the receipt of the initial report by the APN
16 Board. When the APN Board makes its initial review of the
17 materials contained within its disciplinary files, the APN
18 Board shall, in writing, make a determination as to whether
19 there are sufficient facts to warrant further investigation
20 or action. Failure to make that determination within the
21 time provided shall be deemed to be a determination that
22 there are not sufficient facts to warrant further
23 investigation or action. Should the APN Board find that
24 there are not sufficient facts to warrant further
25 investigation or action, the report shall be accepted for
26 filing and the matter shall be deemed closed and so reported.
27 The individual or entity filing the original report or
28 complaint and the person who is the subject of the report or
29 complaint shall be notified in writing by the APN Board of
30 any final action on their report or complaint.
31 (f) Summary Reports. The APN Board shall prepare, on a
32 timely basis, but in no event less than one every other
33 month, a summary report of final actions taken upon
34 disciplinary files maintained by the APN Board. The summary
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1 reports shall be sent by the APN Board to every health care
2 facility licensed by the Department of Public Health, every
3 professional association and society of persons licensed
4 under this Title functioning on a statewide basis in this
5 State, all insurers providing professional liability
6 insurance to persons licensed under this Title in this State,
7 and the Illinois Pharmacists Association.
8 (g) Any violation of this Section shall constitute a
9 Class A misdemeanor.
10 (h) If a person violates the provisions of this Section,
11 an action may be brought in the name of the People of the
12 State of Illinois, through the Attorney General of the State
13 of Illinois, for an order enjoining the violation or for an
14 order enforcing compliance with this Section. Upon filing of
15 a verified petition in court, the court may issue a temporary
16 restraining order without notice or bond and may
17 preliminarily or permanently enjoin the violation, and if it
18 is established that the person has violated or is violating
19 the injunction, the court may punish the offender for
20 contempt of court. Proceedings under this subsection shall
21 be in addition to, and not in lieu of, all other remedies and
22 penalties provided for by this Section.
23 (225 ILCS 65/15-100 new)
24 Sec. 15-100. Joint Committee on Licensure of CRNAs.
25 There is created the Joint Committee on Licensure of CRNAs,
26 consisting of the chairperson and minority spokesperson of
27 the Licensed Activities Committee of the Senate, the
28 chairperson and minority spokesperson of the Registration and
29 Regulation Committee of the House of Representatives, and 4
30 other members who shall be appointed, one each, by the
31 President and the Minority Leader of the Senate and the
32 Speaker and Minority Leader of the House of Representatives.
33 The Joint Committee shall meet initially at the call of the
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1 Speaker and the President and shall select one member as
2 chairperson at its initial meeting. Thereafter, it shall
3 meet at the call of the chairperson, hold public hearings,
4 and issue a report of legislative recommendations concerning
5 the proper standards for licensure of certified registered
6 nurse anesthetists (CRNAs) to the House and the Senate by
7 filing copies of its report with the Clerk of the House and
8 the Secretary of the Senate on or before April 1, 1999. In
9 making its determinations, the Joint Committee also shall
10 consider the extent to which existing laws and rules are
11 adequate to protect the public health, safety, and welfare in
12 all settings where anesthesia services are administered. The
13 Joint Committee on Licensure of CRNAs shall be dissolved on
14 April 15, 1999.
15 (225 ILCS 65/Title 20 heading new)
16 TITLE 20. ADMINISTRATION AND ENFORCEMENT
17 (225 ILCS 65/20-2 new)
18 Sec. 20-2. References to Board. References in this
19 Title to the "Board" shall mean the Board of Nursing in the
20 case of an administrative or enforcement matter concerning
21 the practice of practical nursing or professional nursing,
22 and shall mean the Advanced Practice Nursing Board in the
23 case of an administrative or enforcement matter concerning
24 the practice of advanced practice nursing.
25 (225 ILCS 65/20-5, formerly, 65/16)
26 Sec. 20-5. 16. Expiration of license; renewal. The
27 expiration date and renewal period for each license issued
28 under this Act shall be set by rule. The holder of a license
29 may renew the license during the month preceding the
30 expiration date of the license by paying the required fee. It
31 is the responsibility of the licensee to notify the
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1 Department in writing of a change of address.
2 (Source: P.A. 90-61, eff. 12-30-97.)
3 (225 ILCS 65/20-10, formerly 65/17)
4 Sec. 20-10. 17. Restoration of license; temporary
5 permit.
6 (a) Any license issued under this Act that has expired
7 or that is on inactive status may be restored by making
8 application to the Department and filing proof of fitness
9 acceptable to the Department as specified by rule, to have
10 the license restored, and by paying the required restoration
11 fee. Such proof of fitness may include evidence certifying
12 to active lawful practice in another jurisdiction.
13 However, any license issued under this Act that expired
14 while the licensee was (1) in federal service on active duty
15 with the Armed Forces of the United States, or the State
16 Militia called into service or training, or (2) in training
17 or education under the supervision of the United States
18 preliminary to induction into the military service, may have
19 the license restored without paying any lapsed renewal fees
20 if within 2 years after honorable termination of such
21 service, training, or education, the applicant furnishes the
22 Department with satisfactory evidence to the effect that the
23 applicant has been so engaged and that the individual's
24 service, training, or education has been so terminated.
25 Any licensee who shall engage in the practice of nursing
26 or advanced practice nursing with a lapsed license or while
27 on inactive status shall be considered to be practicing
28 without a license which shall be grounds for discipline under
29 Section 10-30 or Article 15, respectively 25 of this Act.
30 (b) Pending restoration of a license under subsection
31 (a) of this Section, the Department may grant an applicant a
32 temporary license to practice nursing as a registered nurse
33 or as a licensed practical nurse if the Department is
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1 satisfied that the applicant holds an active, unencumbered
2 license in good standing in another jurisdiction. If the
3 applicant holds more than one current active license, or one
4 or more active temporary licenses from other jurisdictions,
5 the Department shall not issue a temporary license until it
6 is satisfied that each current active license held by the
7 applicant is unencumbered. The temporary license, which shall
8 be issued no later than 14 working days following receipt by
9 the Department of an application for the license, shall be
10 granted upon the submission of the following to the
11 Department:
12 (1) a signed and completed application for
13 restoration of licensure under this Section as a
14 registered nurse or a licensed practical nurse;
15 (2) proof of (i) a current, active license in at
16 least one other jurisdiction and proof that each current,
17 active license or temporary permit held by the applicant
18 is unencumbered or (ii) fitness to practice nursing in
19 Illinois as specified by rule;
20 (3) a signed and completed application for a
21 temporary permit; and
22 (4) the required permit fee.
23 (c) The Department may refuse to issue to an applicant a
24 temporary permit authorized under this Section if, within 14
25 working days following its receipt of an application for a
26 temporary permit, the Department determines that:
27 (1) the applicant has been convicted within the
28 last 5 years of any crime under the laws of any
29 jurisdiction of the United States that is (i) a felony
30 or (ii) a misdemeanor directly related to the practice of
31 the profession;
32 (2) within the last 5 years the applicant had a
33 license or permit related to the practice of nursing
34 revoked, suspended, or placed on probation by another
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1 jurisdiction if at least one of the grounds for revoking,
2 suspending, or placing on probation is the same or
3 substantially equivalent to grounds in Illinois; or
4 (3) it is determined by the Department that it
5 intends to deny restoration of the license.
6 For purposes of this Section, an "unencumbered license"
7 means any license against which no disciplinary action has
8 been taken or is pending and for which all fees and charges
9 are paid and current.
10 (d) The Department may revoke a temporary permit issued
11 under this Section if:
12 (1) it determines that the applicant has been
13 convicted within the last 5 years of any crime under the
14 law of any jurisdiction of the United States that is (i)
15 a felony or (ii) a misdemeanor directly related to the
16 practice of the profession;
17 (2) within the last 5 years the applicant had a
18 license or permit related to the practice of nursing
19 revoked, suspended, or placed on probation by another
20 jurisdiction, if at least one of the grounds for
21 revoking, suspending, or placing on probation is the same
22 or substantially equivalent to grounds in Illinois; or
23 (3) it is determined by the Department that it
24 intends to deny restoration of the license.
25 A temporary permit or renewed temporary permit shall
26 expire (i) upon issuance of an Illinois license or (ii) upon
27 notification that the Department intends to deny restoration
28 of licensure. A temporary permit shall expire 6 months from
29 the date of issuance. Further renewal may be granted by the
30 Department, in hardship cases, that shall automatically
31 expire upon issuance of the Illinois license or upon
32 notification that the Department intends to deny licensure,
33 whichever occurs first. No extensions shall be granted beyond
34 the 6 months period unless approved by the Director.
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1 Notification by the Department under this Section shall be by
2 certified or registered mail.
3 (Source: P.A. 90-61, eff. 12-30-97.)
4 (225 ILCS 65/20-15, formerly 65/18)
5 Sec. 20-15. 18. Inactive status. Any nurse who notifies
6 the Department in writing on forms prescribed by the
7 Department, may elect to place her or his license on inactive
8 status and shall, subject to rules of the Department, be
9 excused from payment of renewal fees until notice is given to
10 the Department in writing of her or his intent to restore the
11 license.
12 Any nurse requesting restoration from inactive status
13 shall be required to pay the current renewal fee and shall be
14 required to restore her or his license, as provided by rule
15 of the Department.
16 Any nurse whose license is in an inactive status shall
17 not practice nursing in the State of Illinois.
18 (Source: P.A. 85-981.)
19 (225 ILCS 65/20-25, formerly 65/21)
20 Sec. 20-25. 21. Returned checks; fines. Any person who
21 delivers a check or other payment to the Department that is
22 returned to the Department unpaid by the financial
23 institution upon which it is drawn shall pay to the
24 Department, in addition to the amount already owed to the
25 Department, a fine of $50. If the check or other payment was
26 for a renewal or issuance fee and that person practices
27 without paying the renewal fee or issuance fee and the fine
28 due, an additional fine of $100 shall be imposed. The fines
29 imposed by this Section are in addition to any other
30 discipline provided under this Act for unlicensed practice or
31 practice on a nonrenewed license. The Department shall notify
32 the person that payment of fees and fines shall be paid to
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1 the Department by certified check or money order within 30
2 calendar days of the notification. If, after the expiration
3 of 30 days from the date of the notification, the person has
4 failed to submit the necessary remittance, the Department
5 shall automatically terminate the license or deny the
6 application, without hearing. If, after termination or
7 denial, the person seeks a license, he or she shall apply to
8 the Department for restoration or issuance of the license and
9 pay all fees and fines due to the Department. The Department
10 may establish a fee for the processing of an application for
11 restoration of a license to pay all expenses of processing
12 this application. The Director may waive the fines due under
13 this Section in individual cases where the Director finds
14 that the fines would be unreasonable or unnecessarily
15 burdensome.
16 (Source: P.A. 90-61, eff. 12-30-97.)
17 (225 ILCS 65/20-30, formerly 65/22)
18 Sec. 20-30. 22. Roster. The Department shall maintain a
19 roster of the names and addresses of all licensees and of all
20 persons whose licenses have been suspended or revoked. This
21 roster shall be available upon written request and payment of
22 the required fees.
23 (Source: P.A. 85-981.)
24 (225 ILCS 65/20-35, formerly 65/23)
25 Sec. 20-35. 23. Fees.
26 (a) The Department shall provide by rule for a schedule
27 of fees to be paid for licenses by all applicants.
28 (a-5) Except as provided in subsection (b), the fees for
29 the administration and enforcement of this Act, including but
30 not limited to original licensure, renewal, and restoration,
31 shall be set by rule. The fees shall not be refundable.
32 (b) In addition, applicants for any examination as a
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1 Registered Professional Nurse or a Licensed Practical Nurse
2 shall be required to pay, either to the Department or to the
3 designated testing service, a fee covering the cost of
4 providing the examination. Failure to appear for the
5 examination on the scheduled date, at the time and place
6 specified, after the applicant's application for examination
7 has been received and acknowledged by the Department or the
8 designated testing service, shall result in the forfeiture of
9 the examination fee.
10 (Source: P.A. 90-61, eff. 12-30-97.)
11 (225 ILCS 65/20-40, formerly 65/24)
12 (Text of Section before amendment by P.A. 90-372)
13 Sec. 20-40. 24. Fund. There is hereby created within the
14 State Treasury the Nursing Dedicated and Professional Fund.
15 The monies in the Fund may be used by and at the direction of
16 the Department for the administration and enforcement of this
17 Act, including but not limited to:
18 (a) Distribution and publication of the Illinois
19 Nursing and Advanced Practice Nursing Act of 1987 and the
20 rules at the time of renewal to all persons Registered
21 Professional Nurses and Licensed Practical Nurses
22 licensed by the Department under this Act.
23 (b) Employment of secretarial, nursing,
24 administrative, enforcement, and other staff for the
25 administration of this Act.
26 (c) Conducting a survey, as prescribed by rule of
27 the Department, once every 4 years during the license
28 renewal period.
29 (d) Conducting of training seminars for licensees
30 under this Act relating to the obligations,
31 responsibilities, enforcement and other provisions of the
32 Act and its rules.
33 (e) Disposition of Fees:
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1 (i) (Blank).
2 (ii) All of the fees and fines collected
3 pursuant to this Act shall be deposited in the
4 Nursing Dedicated and Professional Fund.
5 (iii) For the fiscal year beginning July 1,
6 1988, the moneys deposited in the Nursing Dedicated
7 and Professional Fund shall be appropriated to the
8 Department for expenses of the Department and the
9 Board in the administration of this Act. All
10 earnings received from investment of moneys in the
11 Nursing Dedicated and Professional Fund shall be
12 deposited in the Nursing Dedicated and Professional
13 Fund and shall be used for the same purposes as fees
14 deposited in the Fund.
15 (iv) For the fiscal year beginning July 1,
16 1991 and for each fiscal year thereafter, either 10%
17 of the moneys deposited in the Nursing Dedicated and
18 Professional Fund each year, not including interest
19 accumulated on such moneys, or any moneys deposited
20 in the Fund in each year which are in excess of the
21 amount appropriated in that year to meet ordinary
22 and contingent expenses of the Board, whichever is
23 less, shall be set aside and appropriated to the
24 Illinois Department of Public Health for nursing
25 scholarships awarded pursuant to the Nursing
26 Education Scholarship Law.
27 (v) Moneys in the Fund may be transferred to
28 the Professions Indirect Cost Fund as authorized
29 under Section 61e of the Civil Administrative Code
30 of Illinois.
31 In addition to any other permitted use of moneys in the
32 Fund, and notwithstanding any restriction on the use of the
33 Fund, moneys in the Nursing Dedicated and Professional Fund
34 may be transferred to the General Revenue Fund as authorized
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1 by this amendatory Act of 1992. The General Assembly finds
2 that an excess of moneys exists in the Fund.
3 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
4 89-626, eff. 8-9-96; 90-61, eff. 12-30-97.)
5 (Text of Section after amendment by P.A. 90-372)
6 Sec. 20-40. 24. Fund. There is hereby created within the
7 State Treasury the Nursing Dedicated and Professional Fund.
8 The monies in the Fund may be used by and at the direction of
9 the Department for the administration and enforcement of this
10 Act, including but not limited to:
11 (a) Distribution and publication of the Illinois
12 Nursing and Advanced Practice Nursing Act of 1987 and the
13 rules at the time of renewal to all persons Registered
14 Professional Nurses and Licensed Practical Nurses
15 licensed by the Department under this Act.
16 (b) Employment of secretarial, nursing,
17 administrative, enforcement, and other staff for the
18 administration of this Act.
19 (c) Conducting a survey, as prescribed by rule of
20 the Department, once every 4 years during the license
21 renewal period.
22 (d) Conducting of training seminars for licensees
23 under this Act relating to the obligations,
24 responsibilities, enforcement and other provisions of the
25 Act and its rules.
26 (e) Disposition of Fees:
27 (i) (Blank).
28 (ii) All of the fees and fines collected
29 pursuant to this Act shall be deposited in the
30 Nursing Dedicated and Professional Fund.
31 (iii) For the fiscal year beginning July 1,
32 1988, the moneys deposited in the Nursing Dedicated
33 and Professional Fund shall be appropriated to the
34 Department for expenses of the Department and the
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1 Board in the administration of this Act. All
2 earnings received from investment of moneys in the
3 Nursing Dedicated and Professional Fund shall be
4 deposited in the Nursing Dedicated and Professional
5 Fund and shall be used for the same purposes as fees
6 deposited in the Fund.
7 (iv) For the fiscal year beginning July 1,
8 1991 and for each fiscal year thereafter, either 10%
9 of the moneys deposited in the Nursing Dedicated and
10 Professional Fund each year, not including interest
11 accumulated on such moneys, or any moneys deposited
12 in the Fund in each year which are in excess of the
13 amount appropriated in that year to meet ordinary
14 and contingent expenses of the Board, whichever is
15 less, shall be set aside and appropriated to the
16 Illinois Department of Public Health for nursing
17 scholarships awarded pursuant to the Nursing
18 Education Scholarship Law.
19 (v) Moneys in the Fund may be transferred to
20 the Professions Indirect Cost Fund as authorized
21 under Section 61e of the Civil Administrative Code
22 of Illinois.
23 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
24 89-626, eff. 8-9-96; 90-61, eff. 12-30-97; 90-372, eff.
25 7-1-98; revised 8-18-97.)
26 (225 ILCS 65/20-50, formerly 65/26)
27 Sec. 20-50. 26. Limitation on action. All proceedings to
28 suspend, revoke, or take any other disciplinary action as the
29 Department may deem proper, with regard to a license on any
30 of the foregoing grounds may not be commenced later than 3
31 years next after the commission of any act which is a ground
32 for discipline or a final conviction order for any of the
33 acts described herein. In the event of the settlement of any
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1 claim or cause of action in favor of the claimant or the
2 reduction to the final judgment of any civil action in favor
3 of the plaintiff, such claim, cause of action or civil action
4 being rounded on the allegation that a person licensed under
5 this Act was negligent in providing care, the Department
6 shall have an additional period of one year from the date of
7 such settlement or final judgment in which to investigate and
8 commence formal disciplinary proceedings under Section 25 of
9 this Act, except as otherwise provided by law. The time
10 during which the holder of the license was outside the State
11 of Illinois shall not be included within any period of time
12 limiting the commencement of disciplinary action by the
13 Board.
14 (Source: P.A. 90-61, eff. 12-30-97.)
15 (225 ILCS 65/20-55, formerly 65/27)
16 Sec. 20-55. 27. Suspension for imminent danger. The
17 Director of the Department may, upon receipt of a written
18 communication from the Secretary of Human Services, the
19 Director of Public Aid, or the Director of Public Health that
20 continuation of practice of a person licensed under this Act
21 constitutes an immediate danger to the public, immediately
22 suspend the license of such person without a hearing. In
23 instances in which the Director immediately suspends a
24 license under this Section, a hearing upon such person's
25 license must be convened by the Department within 30 days
26 after such suspension and completed without appreciable
27 delay, such hearing held to determine whether to recommend to
28 the Director that the person's license be revoked, suspended,
29 placed on probationary status or reinstated, or such person
30 be subject to other disciplinary action. In such hearing,
31 the written communication and any other evidence submitted
32 therewith may be introduced as evidence against such person;
33 provided, however, the person, or his or her counsel, shall
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1 have the opportunity to discredit or impeach and submit
2 evidence rebutting such evidence.
3 (Source: P.A. 89-507, eff. 7-1-97; 90-61, eff. 12-30-97.)
4 (225 ILCS 65/20-65, formerly 65/29)
5 Sec. 20-65. 29. Liability of State. In the event that
6 the Department's order of revocation, suspension, placing the
7 licensee on probationary status, or other order of formal
8 disciplinary action is without any reasonable basis, then the
9 State of Illinois shall be liable to the injured party for
10 those special damages suffered as a direct result of such
11 order.
12 (Source: P.A. 85-981.)
13 (225 ILCS 65/20-70, formerly 65/30)
14 Sec. 20-70. 30. Right to legal counsel. No action of a
15 disciplinary nature that is predicated on charges alleging
16 unethical or unprofessional conduct of a person who is a
17 registered professional nurse or a licensed practical nurse
18 and that can be reasonably expected to affect adversely that
19 person's maintenance of her or his present, or her or his
20 securing of future, employment as such a nurse may be taken
21 by the Department, by any association, or by any person
22 unless the person against whom such charges are made is
23 afforded the right to be represented by legal counsel of her
24 or his choosing and to present any witness, whether an
25 attorney or otherwise to testify on matters relevant to such
26 charges.
27 (Source: P.A. 90-61, eff. 12-30-97.)
28 (225 ILCS 65/20-75, formerly 65/31)
29 Sec. 20-75. 31. Injunctive remedies.
30 (a) If any person violates the provision of this Act,
31 the Director may, in the name of the People of the State of
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1 Illinois, through the Attorney General of the State of
2 Illinois, or the State's Attorney of any county in which the
3 action is brought, petition for an order enjoining such
4 violation or for an order enforcing compliance with this Act.
5 Upon the filing of a verified petition in court, the court
6 may issue a temporary restraining order, without notice or
7 bond, and may preliminarily and permanently enjoin such
8 violation, and if it is established that such person has
9 violated or is violating the injunction, the court may punish
10 the offender for contempt of court. Proceedings under this
11 Section shall be in addition to, and not in lieu of, all
12 other remedies and penalties provided by this Act.
13 (b) If any person shall practice as a nurse or hold
14 herself or himself out as a nurse without being licensed
15 under the provisions of this Act, then any licensed nurse,
16 any interested party, or any person injured thereby may, in
17 addition to the Director, petition for relief as provided in
18 subsection (a) of this Section.
19 Whoever knowingly practices or offers to practice nursing
20 in this State without a license for that purpose shall be
21 guilty of a Class A misdemeanor and for each subsequent
22 conviction, shall be guilty of a Class 4 felony. All criminal
23 fines, monies, or other property collected or received by the
24 Department under this Section or any other State or federal
25 statute, including, but not limited to, property forfeited to
26 the Department under Section 505 of the Illinois Controlled
27 Substances Act, shall be deposited into the Professional
28 Regulation Evidence Fund.
29 (c) Whenever in the opinion of the Department any person
30 violates any provision of this Act, the Department may issue
31 a rule to show cause why an order to cease and desist should
32 not be entered against him. The rule shall clearly set forth
33 the grounds relied upon by the Department and shall provide a
34 period of 7 days from the date of the rule to file an answer
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1 to the satisfaction of the Department. Failure to answer to
2 the satisfaction of the Department shall cause an order to
3 cease and desist to be issued forthwith.
4 (Source: P.A. 86-685.)
5 (225 ILCS 65/20-80, formerly 65/32)
6 Sec. 20-80. 32. Investigation; notice; hearing. Prior to
7 bringing an action before the Board, the Department may
8 investigate the actions of any applicant or of any person or
9 persons holding or claiming to hold a license. The
10 Department shall, before suspending, revoking, placing on
11 probationary status, or taking any other disciplinary action
12 as the Department may deem proper with regard to any license,
13 at least 30 days prior to the date set for the hearing,
14 notify the accused in writing of any charges made and the
15 time and place for a hearing of the charges before the Board,
16 direct her or him to file a written answer thereto to the
17 Board under oath within 20 days after the service of such
18 notice and inform the licensee that if she or he fails to
19 file such answer default will be taken against the licensee
20 and such license may be suspended, revoked, placed on
21 probationary status, or have other disciplinary action,
22 including limiting the scope, nature or extent of her or his
23 practice, as the Department may deem proper taken with regard
24 thereto. Such written notice may be served by personal
25 delivery or certified or registered mail to the respondent at
26 the address of her or his last notification to the
27 Department. At the time and place fixed in the notice, the
28 Department shall proceed to hear the charges and the parties
29 or their counsel shall be accorded ample opportunity to
30 present such statements, testimony, evidence and argument as
31 may be pertinent to the charges or to the defense to the
32 charges. The Department may continue a hearing from time to
33 time. In case the accused person, after receiving notice,
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1 fails to file an answer, her or his license may in the
2 discretion of the Director, having received first the
3 recommendation of the Board, be suspended, revoked, placed on
4 probationary status, or the Director may take whatever
5 disciplinary action as he or she may deem proper, including
6 limiting the scope, nature, or extent of said person's
7 practice, without a hearing, if the act or acts charged
8 constitute sufficient grounds for such action under this Act.
9 (Source: P.A. 90-61, eff. 12-30-97.)
10 (225 ILCS 65/20-85, formerly 65/33)
11 Sec. 20-85. 33. Stenographer; transcript. The
12 Department, at its expense, shall provide a stenographer to
13 take down the testimony and preserve a record of all
14 proceedings at the hearing of any case wherein any
15 disciplinary action is taken regarding a license. The notice
16 of hearing, complaint and all other documents in the nature
17 of pleadings and written motions filed in the proceedings,
18 the transcript of testimony, the report of the Board and the
19 orders of the Department shall be the record of the
20 proceedings. The Department shall furnish a transcript of
21 the record to any person interested in the hearing upon
22 payment of the fee required under Section 60f of the Civil
23 Administrative Code of Illinois.
24 (Source: P.A. 90-61, eff. 12-30-97.)
25 (225 ILCS 65/20-90, formerly 65/34)
26 Sec. 20-90. 34. Compelled testimony and production of
27 documents. Any circuit court may, upon application of the
28 Department or designee or of the applicant or licensee
29 against whom proceedings upon Section 20-80 32 of this Act
30 are pending, enter an order requiring the attendance of
31 witnesses and their testimony, and the production of
32 documents, papers, files, books and records in connection
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1 with any hearing or investigation. The court may compel
2 obedience to its order by proceedings for contempt.
3 (Source: P.A. 85-981.)
4 (225 ILCS 65/20-95, formerly 65/35)
5 Sec. 20-95. 35. Subpoena power; oaths. The Department
6 shall have power to subpoena and bring before it any person
7 in this State and to take testimony, either orally or by
8 deposition or both, with the same fees and mileage and in the
9 same manner as prescribed by law in judicial proceedings in
10 civil cases in circuit courts of this State.
11 The Director and any member of the Board designated by
12 the Director shall each have power to administer oaths to
13 witnesses at any hearing which the Department is authorized
14 to conduct under this Act, and any other oaths required or
15 authorized to be administered by the Department under this
16 Act.
17 (Source: P.A. 90-61, eff. 12-30-97.)
18 (225 ILCS 65/20-100, formerly 65/36)
19 Sec. 20-100. 36. Board report. At the conclusion of the
20 hearing the Board shall present to the Director a written
21 report of its findings of fact, conclusions of law, and
22 recommendations. The report shall contain a finding whether
23 or not the accused person violated this Act or failed to
24 comply with the conditions required in this Act. The report
25 shall specify the nature of the violation or failure to
26 comply, and the Board shall make its recommendations to the
27 Director.
28 The report of findings of fact, conclusions of law, and
29 recommendation of the Board shall be the basis for the
30 Department's order of refusal or for the granting of a
31 license or permit unless the Director shall determine that
32 the report is contrary to the manifest weight of the
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1 evidence, in which case the Director may issue an order in
2 contravention of the report. The findings are not admissible
3 in evidence against the person in a criminal prosecution
4 brought for the violation of this Act, but the hearing and
5 findings are not a bar to a criminal prosecution brought for
6 the violation of this Act.
7 (Source: P.A. 90-61, eff. 12-30-97.)
8 (225 ILCS 65/20-105, formerly 65/37)
9 Sec. 20-105. 37. Hearing officer. The Director shall have
10 the authority to appoint an attorney duly licensed to
11 practice law in the State of Illinois to serve as the hearing
12 officer in any action before the Board to revoke, suspend,
13 place on probation, reprimand, fine, or take any other
14 disciplinary action with regard to a license. The hearing
15 officer shall have full authority to conduct the hearing.
16 The Board shall have the right to have at least one member
17 present at any hearing conducted by such hearing officer.
18 There may be present at least one RN member of the Board at
19 any such hearing or disciplinary conference. An LPN member
20 or LPN educator may be present for hearings and disciplinary
21 conferences of an LPN. The hearing officer shall report her
22 or his findings and recommendations to the Board within 30
23 days of the receipt of the record. The Board shall have 90
24 days from receipt of the report to review the report of the
25 hearing officer and present their findings of fact,
26 conclusions of law and recommendations to the Director. If
27 the Board fails to present its report within the 90-day
28 period, the Director may issue an order based on the report
29 of the hearing officer. However, if the Board does present
30 its report within the specified 90 days, the Director's
31 order shall be based upon the report of the Board.
32 (Source: P.A. 90-61, eff. 12-30-97.)
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1 (225 ILCS 65/20-110, formerly 65/38)
2 Sec. 20-110. 38. Motion for rehearing. In any case
3 involving refusal to issue, renew, or the discipline of a
4 license, a copy of the Board's report shall be served upon
5 the respondent by the Department, either personally or as
6 provided in this Act, for the service of the notice of
7 hearing. Within 20 days after such service, the respondent
8 may present to the Department a motion in writing for a
9 rehearing, which motion shall specify the particular grounds
10 for a rehearing. If no motion for rehearing is filed, then
11 upon the expiration of the time then upon such denial the
12 Director may enter an order in accordance with
13 recommendations of the Board except as provided in Sections
14 20-100 and 20-105 Section 36 and 37 of this Act. If the
15 respondent shall order from the reporting service, and pay
16 for a transcript of the record within the time for filing a
17 motion for rehearing, the 20 day period within which such a
18 motion may be filed shall commence upon the delivery of the
19 transcript to the respondent.
20 (Source: P.A. 90-61, eff. 12-30-97.)
21 (225 ILCS 65/20-115, formerly 65/39)
22 Sec. 20-115. 39. Order for rehearing. Whenever the
23 Director is satisfied that substantial justice has not been
24 done in the revocation, suspension, or refusal to issue or
25 renew a license, the Director may order a hearing by the same
26 or another hearing officer or the Board.
27 (Source: P.A. 90-61, eff. 12-30-97.)
28 (225 ILCS 65/20-120, formerly 65/40)
29 Sec. 20-120. 40. Order of Director. An order regarding
30 any disciplinary action, or a certified copy thereof over the
31 seal of the Department and purporting to be signed by the
32 Director shall be prima facie evidence that:
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1 (a) such signature is the genuine signature of the
2 Director;
3 (b) that such Director is duly appointed and qualified;
4 and
5 (c) that the Board and the Board members are qualified
6 to act.
7 (Source: P.A. 90-61, eff. 12-30-97.)
8 (225 ILCS 65/20-125, formerly 65/41)
9 Sec. 20-125. 41. Restoration after suspension or
10 revocation. At any time after the suspension or revocation
11 of any license, the Department may restore it to the accused
12 person, unless, after an investigation and a hearing, the
13 Department determines that restoration is not in the public
14 interest.
15 (Source: P.A. 85-981.)
16 (225 ILCS 65/20-130, formerly 65/42)
17 Sec. 20-130. 42. Surrender of license. Upon revocation or
18 suspension of any license, the licensee shall forthwith
19 surrender the license to the Department and if the licensee
20 fails to do so, the Department shall have the right to seize
21 the license.
22 (Source: P.A. 90-61, eff. 12-30-97.)
23 (225 ILCS 65/20-135, formerly 65/43)
24 Sec. 20-135. 43. Temporary suspension. The Director may
25 temporarily suspend the license of a nurse without a hearing,
26 simultaneously with the institution of proceedings for a
27 hearing provided for in Section 20-80 32 of this Act, if the
28 Director finds that evidence in his or her possession
29 indicates that continuation in practice would constitute an
30 imminent danger to the public. In the event that the
31 Director suspends, temporarily, this license without a
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1 hearing, a hearing by the Department must be held within 30
2 days after the suspension has occurred, and be concluded
3 without appreciable delay.
4 Proceedings for judicial review shall be commenced in the
5 circuit court of the county in which the party applying for
6 review resides; but if the party is not a resident of this
7 State, the venue shall be in Sangamon County.
8 (Source: P.A. 90-61, eff. 12-30-97.)
9 (225 ILCS 65/20-140, formerly 65/44)
10 Sec. 20-140. 44. Administrative Review Law. All final
11 administrative decisions of the Department hereunder shall be
12 subject to judicial review pursuant to the revisions of the
13 "Administrative Review Law," and all amendments and
14 modifications thereof, and the rule adopted pursuant thereto.
15 The term "administrative decision" is defined as in Section
16 3-101 of the Code of Civil Procedure.
17 (Source: P.A. 85-981.)
18 (225 ILCS 65/20-145, formerly 65/45)
19 Sec. 20-145. 45. Certification of record. The Department
20 shall not be required to certify any record to the Court or
21 file any answer in court or otherwise appear in any court in
22 a judicial review proceeding, unless there is filed in the
23 court, with the complaint, a receipt from the Department
24 acknowledging payment of the costs of furnishing and
25 certifying the record. Failure on the part of the plaintiff
26 to file such receipt in Court shall be grounds for dismissal
27 of the action.
28 (Source: P.A. 87-1031.)
29 (225 ILCS 65/20-150, formerly 65/46)
30 Sec. 20-150. 46. Criminal penalties. Any person who is
31 found to have violated any provision of this Act is guilty of
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1 a Class A misdemeanor. On conviction of a second or
2 subsequent offense, the violator shall be guilty of a Class 4
3 felony.
4 (Source: P.A. 85-981.)
5 (225 ILCS 65/20-155, formerly 65/47)
6 Sec. 20-155. 47. Pending actions. All disciplinary
7 actions taken or pending pursuant to the Illinois Nursing
8 Act, approved June 14, 1951, as amended, shall, for the
9 actions taken, remain in effect, and for the actions pending,
10 shall be continued, on the effective date of this Act without
11 having separate actions filed by the Department.
12 (Source: P.A. 90-61, eff. 12-30-97.)
13 (225 ILCS 65/20-160, formerly 65/48)
14 Sec. 20-160. 48. Illinois Administrative Procedure Act.
15 The Illinois Administrative Procedure Act is hereby expressly
16 adopted and incorporated herein as if all of the provisions
17 of that Act were included in this Act, except that the
18 provision of subsection (d) of Section 10-65 of the Illinois
19 Administrative Procedure Act that provides that at hearings
20 the licensee has the right to show compliance with all lawful
21 requirements for retention, continuation or renewal of the
22 license is specifically excluded. For the purposes of this
23 Act, the notice required under Section 10-25 of the Illinois
24 Administrative Procedure Act is deemed sufficient when mailed
25 to the last known address of a party.
26 (Source: P.A. 88-45.)
27 (225 ILCS 65/20-165, formerly 65/49)
28 Sec. 20-165. 49. Home rule preemption. It is declared to
29 be the public policy of this State, pursuant to paragraphs
30 (h) and (i) of Section 6 of Article VII of the Illinois
31 Constitution of 1970, that any power or function set forth in
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1 this Act to be exercised by the State is an exclusive State
2 power or function. Such power or function shall not be
3 exercised concurrently, either directly or indirectly, by any
4 unit of local government, including home rule units, except
5 as otherwise provided in this Act.
6 (Source: P.A. 85-981.)
7 (225 ILCS 65/10 rep.)
8 (225 ILCS 65/11 rep.)
9 (225 ILCS 65/20 rep.)
10 (225 ILCS 65/25 rep.)
11 (225 ILCS 65/28 rep.)
12 Section 20. The Illinois Nursing Act of 1987 is amended
13 by repealing Sections 10, 11, 20, 25, and 28.
14 Section 25. The Nursing Home Administrators Licensing
15 and Disciplinary Act is amended by changing Section 4 as
16 follows:
17 (225 ILCS 70/4) (from Ch. 111, par. 3654)
18 Sec. 4. Definitions. For purposes of this Act, the
19 following definitions shall have the following meanings,
20 except where the context requires otherwise:
21 (1) "Act" means the Nursing Home Administrators
22 Licensing and Disciplinary Act.
23 (2) "Department" means the Department of
24 Professional Regulation.
25 (3) "Director" means the Director of Professional
26 Regulation.
27 (4) "Board" means the Nursing Home Administrators
28 Licensing and Disciplinary Board appointed by the
29 Governor.
30 (5) "Nursing home administrator" means the
31 individual licensed under this Act and directly
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1 responsible for planning, organizing, directing and
2 supervising the operation of a nursing home, or who in
3 fact performs such functions, whether or not such
4 functions are delegated to one or more other persons.
5 (6) "Nursing home" or "facility" means any entity
6 that is required to be licensed by the Department of
7 Public Health under the Nursing Home Care Act, as
8 amended, other than a sheltered care home as defined
9 thereunder, and includes private homes, institutions,
10 buildings, residences, or other places, whether operated
11 for profit or not, irrespective of the names attributed
12 to them, county homes for the infirm and chronically ill
13 operated pursuant to the County Nursing Home Act, as
14 amended, and any similar institutions operated by a
15 political subdivision of the State of Illinois that
16 provide, though their ownership or management,
17 maintenance, personal care, and nursing for 3 or more
18 persons, not related to the owner by blood or marriage,
19 or any similar facilities in which maintenance is
20 provided to 3 or more persons who by reason of illness of
21 physical infirmity require personal care and nursing.
22 (7) "Maintenance" means food, shelter and laundry.
23 (8) "Personal care" means assistance with meals,
24 dressing, movement, bathing, or other personal needs, or
25 general supervision of the physical and mental well-being
26 of an individual who because of age, physical, or mental
27 disability, emotion or behavior disorder, or mental
28 retardation is incapable of managing his or her person,
29 whether or not a guardian has been appointed for such
30 individual. For the purposes of this Act, this definition
31 does not include the professional services of a nurse.
32 (9) "Nursing" means professional nursing or
33 practical nursing, as those terms are defined in the
34 Illinois Nursing and Advanced Practice Nursing Act of
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1 1987, as amended, for sick or infirm persons who are
2 under the care and supervision of licensed physicians or
3 dentists.
4 (10) "Disciplinary action" means revocation,
5 suspension, probation, supervision, reprimand, required
6 education, fines or any other action taken by the
7 Department against a person holding a license.
8 (11) "Impaired" means the inability to practice
9 with reasonable skill and safety due to physical or
10 mental disabilities as evidenced by a written
11 determination or written consent based on clinical
12 evidence including deterioration through the aging
13 process or loss of motor skill, or abuse of drugs or
14 alcohol, of sufficient degree to diminish a person's
15 ability to administer a nursing home.
16 (Source: P.A. 90-61, eff. 12-30-97.)
17 Section 30. The Pharmacy Practice Act of 1987 is amended
18 by changing Sections 3 and 4 as follows:
19 (225 ILCS 85/3) (from Ch. 111, par. 4123)
20 Sec. 3. Definitions. For the purpose of this Act, except
21 where otherwise limited therein:
22 (a) "Pharmacy" or "drugstore" means and includes every
23 store, shop, pharmacy department, or other place where
24 pharmaceutical care is provided by a pharmacist (1) where
25 drugs, medicines, or poisons are dispensed, sold or offered
26 for sale at retail, or displayed for sale at retail; or (2)
27 where prescriptions of physicians, dentists, veterinarians,
28 podiatrists, or therapeutically certified optometrists,
29 within the limits of their licenses, are compounded, filled,
30 or dispensed; or (3) which has upon it or displayed within
31 it, or affixed to or used in connection with it, a sign
32 bearing the word or words "Pharmacist", "Druggist",
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1 "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
2 "Medicine Store", "Prescriptions", "Drugs", "Medicines", or
3 any word or words of similar or like import, either in the
4 English language or any other language; or (4) where the
5 characteristic prescription sign (Rx) or similar design is
6 exhibited; or (5) any store, or shop, or other place with
7 respect to which any of the above words, objects, signs or
8 designs are used in any advertisement.
9 (b) "Drugs" means and includes (l) articles recognized
10 in the official United States Pharmacopoeia/National
11 Formulary (USP/NF), or any supplement thereto and being
12 intended for and having for their main use the diagnosis,
13 cure, mitigation, treatment or prevention of disease in man
14 or other animals, as approved by the United States Food and
15 Drug Administration, but does not include devices or their
16 components, parts, or accessories; and (2) all other articles
17 intended for and having for their main use the diagnosis,
18 cure, mitigation, treatment or prevention of disease in man
19 or other animals, as approved by the United States Food and
20 Drug Administration, but does not include devices or their
21 components, parts, or accessories; and (3) articles (other
22 than food) having for their main use and intended to affect
23 the structure or any function of the body of man or other
24 animals; and (4) articles having for their main use and
25 intended for use as a component or any articles specified in
26 clause (l), (2) or (3); but does not include devices or their
27 components, parts or accessories.
28 (c) "Medicines" means and includes all drugs intended
29 for human or veterinary use approved by the United States
30 Food and Drug Administration.
31 (d) "Practice of pharmacy" means the provision of
32 pharmaceutical care to patients as determined by the
33 pharmacist's professional judgment in the following areas,
34 which may include but are not limited to (1) patient
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1 counseling, (2) interpretation and assisting in the
2 monitoring of appropriate drug use and prospective drug
3 utilization review, (3) providing information on the
4 therapeutic values, reactions, drug interactions, side
5 effects, uses, selection of medications and medical devices,
6 and outcome of drug therapy, (4) participation in drug
7 selection, drug monitoring, drug utilization review,
8 evaluation, administration, interpretation, application of
9 pharmacokinetic and laboratory data to design safe and
10 effective drug regimens, (5) drug research (clinical and
11 scientific), and (6) compounding and dispensing of drugs and
12 medical devices.
13 (e) "Prescription" means and includes any written, oral,
14 facsimile, or electronically transmitted order for drugs or
15 medical devices, issued by a physician licensed to practice
16 medicine in all its branches, dentist, veterinarian, or
17 podiatrist, or therapeutically certified optometrist, within
18 the limits of their licenses, or by a physician assistant in
19 accordance with subsection (f) of Section 4, or by an
20 advanced practice nurse in accordance with subsection (g) of
21 Section 4, containing the following: (l) name of the patient;
22 (2) date when prescription was issued; (3) name and strength
23 of drug or description of the medical device prescribed; and
24 (4) quantity, (5) directions for use, (6) prescriber's name,
25 address and signature, and (7) DEA number where required, for
26 controlled substances. DEA numbers shall not be required on
27 inpatient drug orders.
28 (f) "Person" means and includes a natural person,
29 copartnership, association, corporation, government entity,
30 or any other legal entity.
31 (g) "Department" means the Department of Professional
32 Regulation.
33 (h) "Board of Pharmacy" or "Board" means the State Board
34 of Pharmacy of the Department of Professional Regulation.
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1 (i) "Director" means the Director of Professional
2 Regulation.
3 (j) "Drug product selection" means the interchange for a
4 prescribed pharmaceutical product in accordance with Section
5 25 of this Act and Section 3.14 of the Illinois Food, Drug
6 and Cosmetic Act.
7 (k) "Inpatient drug order" means an order issued by an
8 authorized prescriber for a resident or patient of a facility
9 licensed under the Nursing Home Care Act or the Hospital
10 Licensing Act, or "An Act in relation to the founding and
11 operation of the University of Illinois Hospital and the
12 conduct of University of Illinois health care programs",
13 approved July 3, 1931, as amended, or a facility which is
14 operated by the Department of Human Services (as successor to
15 the Department of Mental Health and Developmental
16 Disabilities) or the Department of Corrections.
17 (k-5) "Pharmacist" means an individual currently
18 licensed by this State to engage in the practice of pharmacy.
19 (l) "Pharmacist in charge" means the licensed pharmacist
20 whose name appears on a pharmacy license who is responsible
21 for all aspects of the operation related to the practice of
22 pharmacy.
23 (m) "Dispense" means the delivery of drugs and medical
24 devices, in accordance with applicable State and federal laws
25 and regulations, to the patient or the patient's
26 representative authorized to receive these products,
27 including the compounding, packaging, and labeling necessary
28 for delivery, and any recommending or advising concerning the
29 contents and therapeutic values and uses thereof. "Dispense"
30 does not mean the physical delivery to a patient or a
31 patient's representative in a home or institution by a
32 designee of a pharmacist or by common carrier. "Dispense"
33 also does not mean the physical delivery of a drug or medical
34 device to a patient or patient's representative by a
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1 pharmacist's designee within a pharmacy or drugstore while
2 the pharmacist is on duty and the pharmacy is open.
3 (n) "Mail-order pharmacy" means a pharmacy that is
4 located in a state of the United States, other than Illinois,
5 that delivers, dispenses or distributes, through the United
6 States Postal Service or other common carrier, to Illinois
7 residents, any substance which requires a prescription.
8 (o) "Compounding" means the preparation, mixing,
9 assembling, packaging, or labeling of a drug or medical
10 device: (1) as the result of a practitioner's prescription
11 drug order or initiative that is dispensed pursuant to a
12 prescription in the course of professional practice; or (2)
13 for the purpose of, or incident to, research, teaching, or
14 chemical analysis; or (3) in anticipation of prescription
15 drug orders based on routine, regularly observed prescribing
16 patterns.
17 (p) "Confidential information" means information,
18 maintained by the pharmacist in the patient's records,
19 released only (i) to the patient or, as the patient directs,
20 to other practitioners and other pharmacists or (ii) to any
21 other person authorized by law to receive the information.
22 (q) "Prospective drug review" or "drug utilization
23 evaluation" means a screening for potential drug therapy
24 problems due to therapeutic duplication, drug-disease
25 contraindications, drug-drug interactions (including serious
26 interactions with nonprescription or over-the-counter drugs),
27 drug-food interactions, incorrect drug dosage or duration of
28 drug treatment, drug-allergy interactions, and clinical abuse
29 or misuse.
30 (r) "Patient counseling" means the communication between
31 a pharmacist or a student pharmacist under the direct
32 supervision of a pharmacist and a patient or the patient's
33 representative about the patient's medication or device for
34 the purpose of optimizing proper use of prescription
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1 medications or devices. The offer to counsel by the
2 pharmacist or the pharmacist's designee, and subsequent
3 patient counseling by the pharmacist or student pharmacist,
4 shall be made in a face-to-face communication with the
5 patient or patient's representative unless, in the
6 professional judgment of the pharmacist, a face-to-face
7 communication is deemed inappropriate or unnecessary. In
8 that instance, the offer to counsel or patient counseling may
9 be made in a written communication, by telephone, or in a
10 manner determined by the pharmacist to be appropriate.
11 (s) "Patient profiles" or "patient drug therapy record"
12 means the obtaining, recording, and maintenance of patient
13 prescription and personal information.
14 (t) "Pharmaceutical care" includes, but is not limited
15 to, the act of monitoring drug use and other patient care
16 services intended to achieve outcomes that improve the
17 patient's quality of life but shall not include the sale of
18 over-the-counter drugs by a seller of goods and services who
19 does not dispense prescription drugs.
20 (u) "Medical device" means an instrument, apparatus,
21 implement, machine, contrivance, implant, in vitro reagent,
22 or other similar or related article, including any component
23 part or accessory, required under federal law to bear the
24 label "Caution: Federal law requires dispensing by or on the
25 order of a physician". A seller of goods and services who,
26 only for the purpose of retail sales, compounds, sells,
27 rents, or leases medical devices shall not, by reasons
28 thereof, be required to be a licensed pharmacy.
29 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97;
30 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; revised 8-5-97.)
31 (225 ILCS 85/4) (from Ch. 111, par. 4124)
32 Sec. 4. Exemptions. Nothing contained in any Section of
33 this Act shall apply to, or in any manner interfere with:
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1 (a) the lawful practice of any physician licensed to
2 practice medicine in all of its branches, dentist,
3 podiatrist, veterinarian, or therapeutically or
4 diagnostically certified optometrist within the limits of his
5 or her license, or prevent him or her from supplying to his
6 or her bona fide patients such drugs, medicines, or poisons
7 as may seem to him appropriate;
8 (b) the sale of compressed gases;
9 (c) the sale of patent or proprietary medicines and
10 household remedies when sold in original and unbroken
11 packages only, if such patent or proprietary medicines and
12 household remedies be properly and adequately labeled as to
13 content and usage and generally considered and accepted as
14 harmless and nonpoisonous when used according to the
15 directions on the label, and also do not contain opium or
16 coca leaves, or any compound, salt or derivative thereof, or
17 any drug which, according to the latest editions of the
18 following authoritative pharmaceutical treatises and
19 standards, namely, The United States Pharmacopoeia/National
20 Formulary (USP/NF), the United States Dispensatory, and the
21 Accepted Dental Remedies of the Council of Dental
22 Therapeutics of the American Dental Association or any or
23 either of them, in use on the effective date of this Act, or
24 according to the existing provisions of the Federal Food,
25 Drug, and Cosmetic Act and Regulations of the Department of
26 Health and Human Services, Food and Drug Administration,
27 promulgated thereunder now in effect, is designated,
28 described or considered as a narcotic, hypnotic, habit
29 forming, dangerous, or poisonous drug;
30 (d) the sale of poultry and livestock remedies in
31 original and unbroken packages only, labeled for poultry and
32 livestock medication; and
33 (e) the sale of poisonous substances or mixture of
34 poisonous substances, in unbroken packages, for nonmedicinal
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1 use in the arts or industries or for insecticide purposes;
2 provided, they are properly and adequately labeled as to
3 content and such nonmedicinal usage, in conformity with the
4 provisions of all applicable federal, state and local laws
5 and regulations promulgated thereunder now in effect relating
6 thereto and governing the same, and those which are required
7 under such applicable laws and regulations to be labeled with
8 the word "Poison", are also labeled with the word "Poison"
9 printed thereon in prominent type and the name of a readily
10 obtainable antidote with directions for its administration;
11 and
12 (f) the delegation of limited prescriptive authority by
13 a physician licensed to practice medicine in all its branches
14 to a physician assistant under Section 7.5 of the Physician
15 Assistant Practice Act of 1987. This delegated authority may
16 but is not required to include prescription of Schedule III,
17 IV, or V controlled substances, as defined in Article II of
18 the Illinois Controlled Substances Act, in accordance with
19 written guidelines under Section 7.5 of the Physician
20 Assistant Practice Act of 1987; and.
21 (g) The delegation of limited prescriptive authority by
22 a physician licensed to practice medicine in all its branches
23 to an advanced practice nurse in accordance with a written
24 collaborative agreement under Sections 15-15 and 15-20 of the
25 Nursing and Advanced Practice Nursing Act. This delegated
26 authority may but is not required to include the prescription
27 of Schedule III, IV, or V controlled substances as defined in
28 Article II of the Illinois Controlled Substances Act.
29 (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
30 revised 8-5-97.)
31 Section 31. The Barber, Cosmetology, Esthetics, and Nail
32 Technology Act of 1985 is amended by changing Section 1-11 as
33 follows:
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1 (225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
2 Sec. 1-11. Exceptions to Act.
3 (a) Nothing in this Act shall be construed to apply to
4 the educational activities conducted in connection with any
5 monthly, annual or other special educational program of any
6 bona fide association of licensed cosmetologists,
7 estheticians, nail technicians, or barbers, or licensed
8 cosmetology, esthetics, nail technology, or barber schools
9 from which the general public is excluded.
10 (b) Nothing in this Act shall be construed to apply to
11 the activities and services of registered nurses or licensed
12 practical nurses, as defined in the Illinois Nursing and
13 Advanced Practice Nursing Act of 1987.
14 (c) Nothing in this Act shall be deemed to require
15 licensure of individuals employed by the motion picture,
16 film, television, stage play or related industry for the
17 purpose of providing cosmetology or esthetics services to
18 actors of that industry while engaged in the practice of
19 cosmetology or esthetics as a part of that person's
20 employment.
21 (Source: P.A. 89-387, eff. 1-1-96.)
22 Section 32. The Nurse Agency Licensing Act is amended by
23 changing Section 3 as follows:
24 (225 ILCS 510/3) (from Ch. 111, par. 953)
25 Sec. 3. Definitions. As used in this Act:
26 (a) "Certified nurse aide" means an individual certified
27 as defined in Section 3-206 of the Nursing Home Care Act, as
28 now or hereafter amended.
29 (b) "Department" means the Department of Labor.
30 (c) "Director" means the Director of Labor.
31 (d) "Health care facility" is defined as in Section 3 of
32 the Illinois Health Facilities Planning Act, as now or
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1 hereafter amended.
2 (e) "Licensee" means any nursing agency which is
3 properly licensed under this Act.
4 (f) "Nurse" means a registered nurse or a licensed
5 practical nurse as defined in the Illinois Nursing and
6 Advanced Practice Nursing Act of 1987, as now or hereafter
7 amended.
8 (g) "Nurse agency" means any individual, firm,
9 corporation, partnership or other legal entity that employs,
10 assigns or refers nurses or certified nurse aides to a health
11 care facility for a fee. The term "nurse agency" includes
12 nurses registries. The term "nurse agency" does not include
13 services provided by home health agencies licensed and
14 operated under the Home Health Agency Licensing Act or a
15 licensed or certified individual who provides his or her own
16 services as a regular employee of a health care facility, nor
17 does it apply to a health care facility's organizing
18 nonsalaried employees to provide services only in that
19 facility.
20 (Source: P.A. 86-817; 86-1472.)
21 Section 33. The Illinois Public Aid Code is amended by
22 changing Sections 5-16.3 and 8A-7.1 as follows:
23 (305 ILCS 5/5-16.3)
24 Sec. 5-16.3. System for integrated health care services.
25 (a) It shall be the public policy of the State to adopt,
26 to the extent practicable, a health care program that
27 encourages the integration of health care services and
28 manages the health care of program enrollees while preserving
29 reasonable choice within a competitive and cost-efficient
30 environment. In furtherance of this public policy, the
31 Illinois Department shall develop and implement an integrated
32 health care program consistent with the provisions of this
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1 Section. The provisions of this Section apply only to the
2 integrated health care program created under this Section.
3 Persons enrolled in the integrated health care program, as
4 determined by the Illinois Department by rule, shall be
5 afforded a choice among health care delivery systems, which
6 shall include, but are not limited to, (i) fee for service
7 care managed by a primary care physician licensed to practice
8 medicine in all its branches, (ii) managed health care
9 entities, and (iii) federally qualified health centers
10 (reimbursed according to a prospective cost-reimbursement
11 methodology) and rural health clinics (reimbursed according
12 to the Medicare methodology), where available. Persons
13 enrolled in the integrated health care program also may be
14 offered indemnity insurance plans, subject to availability.
15 For purposes of this Section, a "managed health care
16 entity" means a health maintenance organization or a managed
17 care community network as defined in this Section. A "health
18 maintenance organization" means a health maintenance
19 organization as defined in the Health Maintenance
20 Organization Act. A "managed care community network" means
21 an entity, other than a health maintenance organization, that
22 is owned, operated, or governed by providers of health care
23 services within this State and that provides or arranges
24 primary, secondary, and tertiary managed health care services
25 under contract with the Illinois Department exclusively to
26 enrollees of the integrated health care program. A managed
27 care community network may contract with the Illinois
28 Department to provide only pediatric health care services. A
29 county provider as defined in Section 15-1 of this Code may
30 contract with the Illinois Department to provide services to
31 enrollees of the integrated health care program as a managed
32 care community network without the need to establish a
33 separate entity that provides services exclusively to
34 enrollees of the integrated health care program and shall be
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1 deemed a managed care community network for purposes of this
2 Code only to the extent of the provision of services to those
3 enrollees in conjunction with the integrated health care
4 program. A county provider shall be entitled to contract
5 with the Illinois Department with respect to any contracting
6 region located in whole or in part within the county. A
7 county provider shall not be required to accept enrollees who
8 do not reside within the county.
9 Each managed care community network must demonstrate its
10 ability to bear the financial risk of serving enrollees under
11 this program. The Illinois Department shall by rule adopt
12 criteria for assessing the financial soundness of each
13 managed care community network. These rules shall consider
14 the extent to which a managed care community network is
15 comprised of providers who directly render health care and
16 are located within the community in which they seek to
17 contract rather than solely arrange or finance the delivery
18 of health care. These rules shall further consider a variety
19 of risk-bearing and management techniques, including the
20 sufficiency of quality assurance and utilization management
21 programs and whether a managed care community network has
22 sufficiently demonstrated its financial solvency and net
23 worth. The Illinois Department's criteria must be based on
24 sound actuarial, financial, and accounting principles. In
25 adopting these rules, the Illinois Department shall consult
26 with the Illinois Department of Insurance. The Illinois
27 Department is responsible for monitoring compliance with
28 these rules.
29 This Section may not be implemented before the effective
30 date of these rules, the approval of any necessary federal
31 waivers, and the completion of the review of an application
32 submitted, at least 60 days before the effective date of
33 rules adopted under this Section, to the Illinois Department
34 by a managed care community network.
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1 All health care delivery systems that contract with the
2 Illinois Department under the integrated health care program
3 shall clearly recognize a health care provider's right of
4 conscience under the Health Care Right of Conscience Act. In
5 addition to the provisions of that Act, no health care
6 delivery system that contracts with the Illinois Department
7 under the integrated health care program shall be required to
8 provide, arrange for, or pay for any health care or medical
9 service, procedure, or product if that health care delivery
10 system is owned, controlled, or sponsored by or affiliated
11 with a religious institution or religious organization that
12 finds that health care or medical service, procedure, or
13 product to violate its religious and moral teachings and
14 beliefs.
15 (b) The Illinois Department may, by rule, provide for
16 different benefit packages for different categories of
17 persons enrolled in the program. Mental health services,
18 alcohol and substance abuse services, services related to
19 children with chronic or acute conditions requiring
20 longer-term treatment and follow-up, and rehabilitation care
21 provided by a free-standing rehabilitation hospital or a
22 hospital rehabilitation unit may be excluded from a benefit
23 package if the State ensures that those services are made
24 available through a separate delivery system. An exclusion
25 does not prohibit the Illinois Department from developing and
26 implementing demonstration projects for categories of persons
27 or services. Benefit packages for persons eligible for
28 medical assistance under Articles V, VI, and XII shall be
29 based on the requirements of those Articles and shall be
30 consistent with the Title XIX of the Social Security Act.
31 Nothing in this Act shall be construed to apply to services
32 purchased by the Department of Children and Family Services
33 and the Department of Human Services (as successor to the
34 Department of Mental Health and Developmental Disabilities)
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1 under the provisions of Title 59 of the Illinois
2 Administrative Code, Part 132 ("Medicaid Community Mental
3 Health Services Program").
4 (c) The program established by this Section may be
5 implemented by the Illinois Department in various contracting
6 areas at various times. The health care delivery systems and
7 providers available under the program may vary throughout the
8 State. For purposes of contracting with managed health care
9 entities and providers, the Illinois Department shall
10 establish contracting areas similar to the geographic areas
11 designated by the Illinois Department for contracting
12 purposes under the Illinois Competitive Access and
13 Reimbursement Equity Program (ICARE) under the authority of
14 Section 3-4 of the Illinois Health Finance Reform Act or
15 similarly-sized or smaller geographic areas established by
16 the Illinois Department by rule. A managed health care entity
17 shall be permitted to contract in any geographic areas for
18 which it has a sufficient provider network and otherwise
19 meets the contracting terms of the State. The Illinois
20 Department is not prohibited from entering into a contract
21 with a managed health care entity at any time.
22 (c-5) A managed health care entity may not engage in
23 door-to-door marketing activities or marketing activities at
24 an office of the Illinois Department or a county department
25 in order to enroll in the entity's health care delivery
26 system persons who are enrolled in the integrated health care
27 program established under this Section. The Illinois
28 Department shall adopt rules defining "marketing activities"
29 prohibited by this subsection (c-5).
30 Before a managed health care entity may market its health
31 care delivery system to persons enrolled in the integrated
32 health care program established under this Section, the
33 Illinois Department must approve a marketing plan submitted
34 by the entity to the Illinois Department. The Illinois
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1 Department shall adopt guidelines for approving marketing
2 plans submitted by managed health care entities under this
3 subsection. Besides prohibiting door-to-door marketing
4 activities and marketing activities at public aid offices,
5 the guidelines shall include at least the following:
6 (1) A managed health care entity may not offer or
7 provide any gift, favor, or other inducement in marketing
8 its health care delivery system to integrated health care
9 program enrollees. A managed health care entity may
10 provide health care related items that are of nominal
11 value and pre-approved by the Illinois Department to
12 prospective enrollees. A managed health care entity may
13 also provide to enrollees health care related items that
14 have been pre-approved by the Illinois Department as an
15 incentive to manage their health care appropriately.
16 (2) All persons employed or otherwise engaged by a
17 managed health care entity to market the entity's health
18 care delivery system to integrated health care program
19 enrollees or to supervise that marketing shall register
20 with the Illinois Department.
21 The Inspector General appointed under Section 12-13.1 may
22 conduct investigations to determine whether the marketing
23 practices of managed health care entities participating in
24 the integrated health care program comply with the
25 guidelines.
26 (d) A managed health care entity that contracts with the
27 Illinois Department for the provision of services under the
28 program shall do all of the following, solely for purposes of
29 the integrated health care program:
30 (1) Provide that any individual physician licensed
31 under the Medical Practice Act of 1987, any pharmacy, any
32 federally qualified health center, any therapeutically
33 certified optometrist, and any podiatrist, that
34 consistently meets the reasonable terms and conditions
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1 established by the managed health care entity, including
2 but not limited to credentialing standards, quality
3 assurance program requirements, utilization management
4 requirements, financial responsibility standards,
5 contracting process requirements, and provider network
6 size and accessibility requirements, must be accepted by
7 the managed health care entity for purposes of the
8 Illinois integrated health care program. Notwithstanding
9 the preceding sentence, only a physician licensed to
10 practice medicine in all its branches shall act as a
11 primary care physician within a managed health care
12 entity for purposes of the Illinois integrated health
13 care program. Any individual who is either terminated
14 from or denied inclusion in the panel of physicians of
15 the managed health care entity shall be given, within 10
16 business days after that determination, a written
17 explanation of the reasons for his or her exclusion or
18 termination from the panel. This paragraph (1) does not
19 apply to the following:
20 (A) A managed health care entity that
21 certifies to the Illinois Department that:
22 (i) it employs on a full-time basis 125
23 or more Illinois physicians licensed to
24 practice medicine in all of its branches; and
25 (ii) it will provide medical services
26 through its employees to more than 80% of the
27 recipients enrolled with the entity in the
28 integrated health care program; or
29 (B) A domestic stock insurance company
30 licensed under clause (b) of class 1 of Section 4 of
31 the Illinois Insurance Code if (i) at least 66% of
32 the stock of the insurance company is owned by a
33 professional corporation organized under the
34 Professional Service Corporation Act that has 125 or
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1 more shareholders who are Illinois physicians
2 licensed to practice medicine in all of its branches
3 and (ii) the insurance company certifies to the
4 Illinois Department that at least 80% of those
5 physician shareholders will provide services to
6 recipients enrolled with the company in the
7 integrated health care program.
8 (2) Provide for reimbursement for providers for
9 emergency care, as defined by the Illinois Department by
10 rule, that must be provided to its enrollees, including
11 an emergency room screening fee, and urgent care that it
12 authorizes for its enrollees, regardless of the
13 provider's affiliation with the managed health care
14 entity. Providers shall be reimbursed for emergency care
15 at an amount equal to the Illinois Department's
16 fee-for-service rates for those medical services rendered
17 by providers not under contract with the managed health
18 care entity to enrollees of the entity.
19 (3) Provide that any provider affiliated with a
20 managed health care entity may also provide services on a
21 fee-for-service basis to Illinois Department clients not
22 enrolled in a managed health care entity.
23 (4) Provide client education services as determined
24 and approved by the Illinois Department, including but
25 not limited to (i) education regarding appropriate
26 utilization of health care services in a managed care
27 system, (ii) written disclosure of treatment policies and
28 any restrictions or limitations on health services,
29 including, but not limited to, physical services,
30 clinical laboratory tests, hospital and surgical
31 procedures, prescription drugs and biologics, and
32 radiological examinations, and (iii) written notice that
33 the enrollee may receive from another provider those
34 services covered under this program that are not provided
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1 by the managed health care entity.
2 (5) Provide that enrollees within its system may
3 choose the site for provision of services and the panel
4 of health care providers.
5 (6) Not discriminate in its enrollment or
6 disenrollment practices among recipients of medical
7 services or program enrollees based on health status.
8 (7) Provide a quality assurance and utilization
9 review program that (i) for health maintenance
10 organizations meets the requirements of the Health
11 Maintenance Organization Act and (ii) for managed care
12 community networks meets the requirements established by
13 the Illinois Department in rules that incorporate those
14 standards set forth in the Health Maintenance
15 Organization Act.
16 (8) Issue a managed health care entity
17 identification card to each enrollee upon enrollment.
18 The card must contain all of the following:
19 (A) The enrollee's signature.
20 (B) The enrollee's health plan.
21 (C) The name and telephone number of the
22 enrollee's primary care physician.
23 (D) A telephone number to be used for
24 emergency service 24 hours per day, 7 days per week.
25 The telephone number required to be maintained
26 pursuant to this subparagraph by each managed health
27 care entity shall, at minimum, be staffed by
28 medically trained personnel and be provided
29 directly, or under arrangement, at an office or
30 offices in locations maintained solely within the
31 State of Illinois. For purposes of this
32 subparagraph, "medically trained personnel" means
33 licensed practical nurses or registered nurses
34 located in the State of Illinois who are licensed
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1 pursuant to the Illinois Nursing and Advanced
2 Practice Nursing Act of 1987.
3 (9) Ensure that every primary care physician and
4 pharmacy in the managed health care entity meets the
5 standards established by the Illinois Department for
6 accessibility and quality of care. The Illinois
7 Department shall arrange for and oversee an evaluation of
8 the standards established under this paragraph (9) and
9 may recommend any necessary changes to these standards.
10 The Illinois Department shall submit an annual report to
11 the Governor and the General Assembly by April 1 of each
12 year regarding the effect of the standards on ensuring
13 access and quality of care to enrollees.
14 (10) Provide a procedure for handling complaints
15 that (i) for health maintenance organizations meets the
16 requirements of the Health Maintenance Organization Act
17 and (ii) for managed care community networks meets the
18 requirements established by the Illinois Department in
19 rules that incorporate those standards set forth in the
20 Health Maintenance Organization Act.
21 (11) Maintain, retain, and make available to the
22 Illinois Department records, data, and information, in a
23 uniform manner determined by the Illinois Department,
24 sufficient for the Illinois Department to monitor
25 utilization, accessibility, and quality of care.
26 (12) Except for providers who are prepaid, pay all
27 approved claims for covered services that are completed
28 and submitted to the managed health care entity within 30
29 days after receipt of the claim or receipt of the
30 appropriate capitation payment or payments by the managed
31 health care entity from the State for the month in which
32 the services included on the claim were rendered,
33 whichever is later. If payment is not made or mailed to
34 the provider by the managed health care entity by the due
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1 date under this subsection, an interest penalty of 1% of
2 any amount unpaid shall be added for each month or
3 fraction of a month after the due date, until final
4 payment is made. Nothing in this Section shall prohibit
5 managed health care entities and providers from mutually
6 agreeing to terms that require more timely payment.
7 (13) Provide integration with community-based
8 programs provided by certified local health departments
9 such as Women, Infants, and Children Supplemental Food
10 Program (WIC), childhood immunization programs, health
11 education programs, case management programs, and health
12 screening programs.
13 (14) Provide that the pharmacy formulary used by a
14 managed health care entity and its contract providers be
15 no more restrictive than the Illinois Department's
16 pharmaceutical program on the effective date of this
17 amendatory Act of 1994 and as amended after that date.
18 (15) Provide integration with community-based
19 organizations, including, but not limited to, any
20 organization that has operated within a Medicaid
21 Partnership as defined by this Code or by rule of the
22 Illinois Department, that may continue to operate under a
23 contract with the Illinois Department or a managed health
24 care entity under this Section to provide case management
25 services to Medicaid clients in designated high-need
26 areas.
27 The Illinois Department may, by rule, determine
28 methodologies to limit financial liability for managed health
29 care entities resulting from payment for services to
30 enrollees provided under the Illinois Department's integrated
31 health care program. Any methodology so determined may be
32 considered or implemented by the Illinois Department through
33 a contract with a managed health care entity under this
34 integrated health care program.
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1 The Illinois Department shall contract with an entity or
2 entities to provide external peer-based quality assurance
3 review for the integrated health care program. The entity
4 shall be representative of Illinois physicians licensed to
5 practice medicine in all its branches and have statewide
6 geographic representation in all specialties of medical care
7 that are provided within the integrated health care program.
8 The entity may not be a third party payer and shall maintain
9 offices in locations around the State in order to provide
10 service and continuing medical education to physician
11 participants within the integrated health care program. The
12 review process shall be developed and conducted by Illinois
13 physicians licensed to practice medicine in all its branches.
14 In consultation with the entity, the Illinois Department may
15 contract with other entities for professional peer-based
16 quality assurance review of individual categories of services
17 other than services provided, supervised, or coordinated by
18 physicians licensed to practice medicine in all its branches.
19 The Illinois Department shall establish, by rule, criteria to
20 avoid conflicts of interest in the conduct of quality
21 assurance activities consistent with professional peer-review
22 standards. All quality assurance activities shall be
23 coordinated by the Illinois Department.
24 (e) All persons enrolled in the program shall be
25 provided with a full written explanation of all
26 fee-for-service and managed health care plan options and a
27 reasonable opportunity to choose among the options as
28 provided by rule. The Illinois Department shall provide to
29 enrollees, upon enrollment in the integrated health care
30 program and at least annually thereafter, notice of the
31 process for requesting an appeal under the Illinois
32 Department's administrative appeal procedures.
33 Notwithstanding any other Section of this Code, the Illinois
34 Department may provide by rule for the Illinois Department to
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1 assign a person enrolled in the program to a specific
2 provider of medical services or to a specific health care
3 delivery system if an enrollee has failed to exercise choice
4 in a timely manner. An enrollee assigned by the Illinois
5 Department shall be afforded the opportunity to disenroll and
6 to select a specific provider of medical services or a
7 specific health care delivery system within the first 30 days
8 after the assignment. An enrollee who has failed to exercise
9 choice in a timely manner may be assigned only if there are 3
10 or more managed health care entities contracting with the
11 Illinois Department within the contracting area, except that,
12 outside the City of Chicago, this requirement may be waived
13 for an area by rules adopted by the Illinois Department after
14 consultation with all hospitals within the contracting area.
15 The Illinois Department shall establish by rule the procedure
16 for random assignment of enrollees who fail to exercise
17 choice in a timely manner to a specific managed health care
18 entity in proportion to the available capacity of that
19 managed health care entity. Assignment to a specific provider
20 of medical services or to a specific managed health care
21 entity may not exceed that provider's or entity's capacity as
22 determined by the Illinois Department. Any person who has
23 chosen a specific provider of medical services or a specific
24 managed health care entity, or any person who has been
25 assigned under this subsection, shall be given the
26 opportunity to change that choice or assignment at least once
27 every 12 months, as determined by the Illinois Department by
28 rule. The Illinois Department shall maintain a toll-free
29 telephone number for program enrollees' use in reporting
30 problems with managed health care entities.
31 (f) If a person becomes eligible for participation in
32 the integrated health care program while he or she is
33 hospitalized, the Illinois Department may not enroll that
34 person in the program until after he or she has been
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1 discharged from the hospital. This subsection does not apply
2 to newborn infants whose mothers are enrolled in the
3 integrated health care program.
4 (g) The Illinois Department shall, by rule, establish
5 for managed health care entities rates that (i) are certified
6 to be actuarially sound, as determined by an actuary who is
7 an associate or a fellow of the Society of Actuaries or a
8 member of the American Academy of Actuaries and who has
9 expertise and experience in medical insurance and benefit
10 programs, in accordance with the Illinois Department's
11 current fee-for-service payment system, and (ii) take into
12 account any difference of cost to provide health care to
13 different populations based on gender, age, location, and
14 eligibility category. The rates for managed health care
15 entities shall be determined on a capitated basis.
16 The Illinois Department by rule shall establish a method
17 to adjust its payments to managed health care entities in a
18 manner intended to avoid providing any financial incentive to
19 a managed health care entity to refer patients to a county
20 provider, in an Illinois county having a population greater
21 than 3,000,000, that is paid directly by the Illinois
22 Department. The Illinois Department shall by April 1, 1997,
23 and annually thereafter, review the method to adjust
24 payments. Payments by the Illinois Department to the county
25 provider, for persons not enrolled in a managed care
26 community network owned or operated by a county provider,
27 shall be paid on a fee-for-service basis under Article XV of
28 this Code.
29 The Illinois Department by rule shall establish a method
30 to reduce its payments to managed health care entities to
31 take into consideration (i) any adjustment payments paid to
32 hospitals under subsection (h) of this Section to the extent
33 those payments, or any part of those payments, have been
34 taken into account in establishing capitated rates under this
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1 subsection (g) and (ii) the implementation of methodologies
2 to limit financial liability for managed health care entities
3 under subsection (d) of this Section.
4 (h) For hospital services provided by a hospital that
5 contracts with a managed health care entity, adjustment
6 payments shall be paid directly to the hospital by the
7 Illinois Department. Adjustment payments may include but
8 need not be limited to adjustment payments to:
9 disproportionate share hospitals under Section 5-5.02 of this
10 Code; primary care access health care education payments (89
11 Ill. Adm. Code 149.140); payments for capital, direct medical
12 education, indirect medical education, certified registered
13 nurse anesthetist, and kidney acquisition costs (89 Ill. Adm.
14 Code 149.150(c)); uncompensated care payments (89 Ill. Adm.
15 Code 148.150(h)); trauma center payments (89 Ill. Adm. Code
16 148.290(c)); rehabilitation hospital payments (89 Ill. Adm.
17 Code 148.290(d)); perinatal center payments (89 Ill. Adm.
18 Code 148.290(e)); obstetrical care payments (89 Ill. Adm.
19 Code 148.290(f)); targeted access payments (89 Ill. Adm. Code
20 148.290(g)); Medicaid high volume payments (89 Ill. Adm. Code
21 148.290(h)); and outpatient indigent volume adjustments (89
22 Ill. Adm. Code 148.140(b)(5)).
23 (i) For any hospital eligible for the adjustment
24 payments described in subsection (h), the Illinois Department
25 shall maintain, through the period ending June 30, 1995,
26 reimbursement levels in accordance with statutes and rules in
27 effect on April 1, 1994.
28 (j) Nothing contained in this Code in any way limits or
29 otherwise impairs the authority or power of the Illinois
30 Department to enter into a negotiated contract pursuant to
31 this Section with a managed health care entity, including,
32 but not limited to, a health maintenance organization, that
33 provides for termination or nonrenewal of the contract
34 without cause upon notice as provided in the contract and
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1 without a hearing.
2 (k) Section 5-5.15 does not apply to the program
3 developed and implemented pursuant to this Section.
4 (l) The Illinois Department shall, by rule, define those
5 chronic or acute medical conditions of childhood that require
6 longer-term treatment and follow-up care. The Illinois
7 Department shall ensure that services required to treat these
8 conditions are available through a separate delivery system.
9 A managed health care entity that contracts with the
10 Illinois Department may refer a child with medical conditions
11 described in the rules adopted under this subsection directly
12 to a children's hospital or to a hospital, other than a
13 children's hospital, that is qualified to provide inpatient
14 and outpatient services to treat those conditions. The
15 Illinois Department shall provide fee-for-service
16 reimbursement directly to a children's hospital for those
17 services pursuant to Title 89 of the Illinois Administrative
18 Code, Section 148.280(a), at a rate at least equal to the
19 rate in effect on March 31, 1994. For hospitals, other than
20 children's hospitals, that are qualified to provide inpatient
21 and outpatient services to treat those conditions, the
22 Illinois Department shall provide reimbursement for those
23 services on a fee-for-service basis, at a rate at least equal
24 to the rate in effect for those other hospitals on March 31,
25 1994.
26 A children's hospital shall be directly reimbursed for
27 all services provided at the children's hospital on a
28 fee-for-service basis pursuant to Title 89 of the Illinois
29 Administrative Code, Section 148.280(a), at a rate at least
30 equal to the rate in effect on March 31, 1994, until the
31 later of (i) implementation of the integrated health care
32 program under this Section and development of actuarially
33 sound capitation rates for services other than those chronic
34 or acute medical conditions of childhood that require
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1 longer-term treatment and follow-up care as defined by the
2 Illinois Department in the rules adopted under this
3 subsection or (ii) March 31, 1996.
4 Notwithstanding anything in this subsection to the
5 contrary, a managed health care entity shall not consider
6 sources or methods of payment in determining the referral of
7 a child. The Illinois Department shall adopt rules to
8 establish criteria for those referrals. The Illinois
9 Department by rule shall establish a method to adjust its
10 payments to managed health care entities in a manner intended
11 to avoid providing any financial incentive to a managed
12 health care entity to refer patients to a provider who is
13 paid directly by the Illinois Department.
14 (m) Behavioral health services provided or funded by the
15 Department of Human Services, the Department of Children and
16 Family Services, and the Illinois Department shall be
17 excluded from a benefit package. Conditions of an organic or
18 physical origin or nature, including medical detoxification,
19 however, may not be excluded. In this subsection,
20 "behavioral health services" means mental health services and
21 subacute alcohol and substance abuse treatment services, as
22 defined in the Illinois Alcoholism and Other Drug Dependency
23 Act. In this subsection, "mental health services" includes,
24 at a minimum, the following services funded by the Illinois
25 Department, the Department of Human Services (as successor to
26 the Department of Mental Health and Developmental
27 Disabilities), or the Department of Children and Family
28 Services: (i) inpatient hospital services, including related
29 physician services, related psychiatric interventions, and
30 pharmaceutical services provided to an eligible recipient
31 hospitalized with a primary diagnosis of psychiatric
32 disorder; (ii) outpatient mental health services as defined
33 and specified in Title 59 of the Illinois Administrative
34 Code, Part 132; (iii) any other outpatient mental health
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1 services funded by the Illinois Department pursuant to the
2 State of Illinois Medicaid Plan; (iv) partial
3 hospitalization; and (v) follow-up stabilization related to
4 any of those services. Additional behavioral health services
5 may be excluded under this subsection as mutually agreed in
6 writing by the Illinois Department and the affected State
7 agency or agencies. The exclusion of any service does not
8 prohibit the Illinois Department from developing and
9 implementing demonstration projects for categories of persons
10 or services. The Department of Children and Family Services
11 and the Department of Human Services shall each adopt rules
12 governing the integration of managed care in the provision of
13 behavioral health services. The State shall integrate managed
14 care community networks and affiliated providers, to the
15 extent practicable, in any separate delivery system for
16 mental health services.
17 (n) The Illinois Department shall adopt rules to
18 establish reserve requirements for managed care community
19 networks, as required by subsection (a), and health
20 maintenance organizations to protect against liabilities in
21 the event that a managed health care entity is declared
22 insolvent or bankrupt. If a managed health care entity other
23 than a county provider is declared insolvent or bankrupt,
24 after liquidation and application of any available assets,
25 resources, and reserves, the Illinois Department shall pay a
26 portion of the amounts owed by the managed health care entity
27 to providers for services rendered to enrollees under the
28 integrated health care program under this Section based on
29 the following schedule: (i) from April 1, 1995 through June
30 30, 1998, 90% of the amounts owed; (ii) from July 1, 1998
31 through June 30, 2001, 80% of the amounts owed; and (iii)
32 from July 1, 2001 through June 30, 2005, 75% of the amounts
33 owed. The amounts paid under this subsection shall be
34 calculated based on the total amount owed by the managed
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1 health care entity to providers before application of any
2 available assets, resources, and reserves. After June 30,
3 2005, the Illinois Department may not pay any amounts owed to
4 providers as a result of an insolvency or bankruptcy of a
5 managed health care entity occurring after that date. The
6 Illinois Department is not obligated, however, to pay amounts
7 owed to a provider that has an ownership or other governing
8 interest in the managed health care entity. This subsection
9 applies only to managed health care entities and the services
10 they provide under the integrated health care program under
11 this Section.
12 (o) Notwithstanding any other provision of law or
13 contractual agreement to the contrary, providers shall not be
14 required to accept from any other third party payer the rates
15 determined or paid under this Code by the Illinois
16 Department, managed health care entity, or other health care
17 delivery system for services provided to recipients.
18 (p) The Illinois Department may seek and obtain any
19 necessary authorization provided under federal law to
20 implement the program, including the waiver of any federal
21 statutes or regulations. The Illinois Department may seek a
22 waiver of the federal requirement that the combined
23 membership of Medicare and Medicaid enrollees in a managed
24 care community network may not exceed 75% of the managed care
25 community network's total enrollment. The Illinois
26 Department shall not seek a waiver of this requirement for
27 any other category of managed health care entity. The
28 Illinois Department shall not seek a waiver of the inpatient
29 hospital reimbursement methodology in Section 1902(a)(13)(A)
30 of Title XIX of the Social Security Act even if the federal
31 agency responsible for administering Title XIX determines
32 that Section 1902(a)(13)(A) applies to managed health care
33 systems.
34 Notwithstanding any other provisions of this Code to the
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1 contrary, the Illinois Department shall seek a waiver of
2 applicable federal law in order to impose a co-payment system
3 consistent with this subsection on recipients of medical
4 services under Title XIX of the Social Security Act who are
5 not enrolled in a managed health care entity. The waiver
6 request submitted by the Illinois Department shall provide
7 for co-payments of up to $0.50 for prescribed drugs and up to
8 $0.50 for x-ray services and shall provide for co-payments of
9 up to $10 for non-emergency services provided in a hospital
10 emergency room and up to $10 for non-emergency ambulance
11 services. The purpose of the co-payments shall be to deter
12 those recipients from seeking unnecessary medical care.
13 Co-payments may not be used to deter recipients from seeking
14 necessary medical care. No recipient shall be required to
15 pay more than a total of $150 per year in co-payments under
16 the waiver request required by this subsection. A recipient
17 may not be required to pay more than $15 of any amount due
18 under this subsection in any one month.
19 Co-payments authorized under this subsection may not be
20 imposed when the care was necessitated by a true medical
21 emergency. Co-payments may not be imposed for any of the
22 following classifications of services:
23 (1) Services furnished to person under 18 years of
24 age.
25 (2) Services furnished to pregnant women.
26 (3) Services furnished to any individual who is an
27 inpatient in a hospital, nursing facility, intermediate
28 care facility, or other medical institution, if that
29 person is required to spend for costs of medical care all
30 but a minimal amount of his or her income required for
31 personal needs.
32 (4) Services furnished to a person who is receiving
33 hospice care.
34 Co-payments authorized under this subsection shall not be
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1 deducted from or reduce in any way payments for medical
2 services from the Illinois Department to providers. No
3 provider may deny those services to an individual eligible
4 for services based on the individual's inability to pay the
5 co-payment.
6 Recipients who are subject to co-payments shall be
7 provided notice, in plain and clear language, of the amount
8 of the co-payments, the circumstances under which co-payments
9 are exempted, the circumstances under which co-payments may
10 be assessed, and their manner of collection.
11 The Illinois Department shall establish a Medicaid
12 Co-Payment Council to assist in the development of co-payment
13 policies for the medical assistance program. The Medicaid
14 Co-Payment Council shall also have jurisdiction to develop a
15 program to provide financial or non-financial incentives to
16 Medicaid recipients in order to encourage recipients to seek
17 necessary health care. The Council shall be chaired by the
18 Director of the Illinois Department, and shall have 6
19 additional members. Two of the 6 additional members shall be
20 appointed by the Governor, and one each shall be appointed by
21 the President of the Senate, the Minority Leader of the
22 Senate, the Speaker of the House of Representatives, and the
23 Minority Leader of the House of Representatives. The Council
24 may be convened and make recommendations upon the appointment
25 of a majority of its members. The Council shall be appointed
26 and convened no later than September 1, 1994 and shall report
27 its recommendations to the Director of the Illinois
28 Department and the General Assembly no later than October 1,
29 1994. The chairperson of the Council shall be allowed to
30 vote only in the case of a tie vote among the appointed
31 members of the Council.
32 The Council shall be guided by the following principles
33 as it considers recommendations to be developed to implement
34 any approved waivers that the Illinois Department must seek
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1 pursuant to this subsection:
2 (1) Co-payments should not be used to deter access
3 to adequate medical care.
4 (2) Co-payments should be used to reduce fraud.
5 (3) Co-payment policies should be examined in
6 consideration of other states' experience, and the
7 ability of successful co-payment plans to control
8 unnecessary or inappropriate utilization of services
9 should be promoted.
10 (4) All participants, both recipients and
11 providers, in the medical assistance program have
12 responsibilities to both the State and the program.
13 (5) Co-payments are primarily a tool to educate the
14 participants in the responsible use of health care
15 resources.
16 (6) Co-payments should not be used to penalize
17 providers.
18 (7) A successful medical program requires the
19 elimination of improper utilization of medical resources.
20 The integrated health care program, or any part of that
21 program, established under this Section may not be
22 implemented if matching federal funds under Title XIX of the
23 Social Security Act are not available for administering the
24 program.
25 The Illinois Department shall submit for publication in
26 the Illinois Register the name, address, and telephone number
27 of the individual to whom a request may be directed for a
28 copy of the request for a waiver of provisions of Title XIX
29 of the Social Security Act that the Illinois Department
30 intends to submit to the Health Care Financing Administration
31 in order to implement this Section. The Illinois Department
32 shall mail a copy of that request for waiver to all
33 requestors at least 16 days before filing that request for
34 waiver with the Health Care Financing Administration.
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1 (q) After the effective date of this Section, the
2 Illinois Department may take all planning and preparatory
3 action necessary to implement this Section, including, but
4 not limited to, seeking requests for proposals relating to
5 the integrated health care program created under this
6 Section.
7 (r) In order to (i) accelerate and facilitate the
8 development of integrated health care in contracting areas
9 outside counties with populations in excess of 3,000,000 and
10 counties adjacent to those counties and (ii) maintain and
11 sustain the high quality of education and residency programs
12 coordinated and associated with local area hospitals, the
13 Illinois Department may develop and implement a demonstration
14 program for managed care community networks owned, operated,
15 or governed by State-funded medical schools. The Illinois
16 Department shall prescribe by rule the criteria, standards,
17 and procedures for effecting this demonstration program.
18 (s) (Blank).
19 (t) On April 1, 1995 and every 6 months thereafter, the
20 Illinois Department shall report to the Governor and General
21 Assembly on the progress of the integrated health care
22 program in enrolling clients into managed health care
23 entities. The report shall indicate the capacities of the
24 managed health care entities with which the State contracts,
25 the number of clients enrolled by each contractor, the areas
26 of the State in which managed care options do not exist, and
27 the progress toward meeting the enrollment goals of the
28 integrated health care program.
29 (u) The Illinois Department may implement this Section
30 through the use of emergency rules in accordance with Section
31 5-45 of the Illinois Administrative Procedure Act. For
32 purposes of that Act, the adoption of rules to implement this
33 Section is deemed an emergency and necessary for the public
34 interest, safety, and welfare.
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1 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97;
2 89-673, eff. 8-14-96; 90-14, eff. 7-1-97; 90-254, eff.
3 1-1-98; 90-538, eff. 12-1-97; revised 12-3-97.)
4 (305 ILCS 5/8A-7.1) (from Ch. 23, par. 8A-7.1)
5 Sec. 8A-7.1. The Director, upon making a determination
6 based upon information in the possession of the Illinois
7 Department, that continuation in practice of a licensed
8 health care professional would constitute an immediate danger
9 to the public, shall submit a written communication to the
10 Director of Professional Regulation indicating such
11 determination and additionally providing a complete summary
12 of the information upon which such determination is based,
13 and recommending that the Director of Professional Regulation
14 immediately suspend such person's license. All relevant
15 evidence, or copies thereof, in the Illinois Department's
16 possession may also be submitted in conjunction with the
17 written communication. A copy of such written communication,
18 which is exempt from the copying and inspection provisions of
19 The Freedom of Information Act, shall at the time of
20 submittal to the Director of Professional Regulation be
21 simultaneously mailed to the last known business address of
22 such licensed health care professional by certified or
23 registered postage, United States Mail, return receipt
24 requested. Any evidence, or copies thereof, which is
25 submitted in conjunction with the written communication is
26 also exempt from the copying and inspection provisions of The
27 Freedom of Information Act.
28 The Director, upon making a determination based upon
29 information in the possession of the Illinois Department,
30 that a licensed health care professional is willfully
31 committing fraud upon the Illinois Department's medical
32 assistance program, shall submit a written communication to
33 the Director of Professional Regulation indicating such
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1 determination and additionally providing a complete summary
2 of the information upon which such determination is based.
3 All relevant evidence, or copies thereof, in the Illinois
4 Department's possession may also be submitted in conjunction
5 with the written communication.
6 Upon receipt of such written communication, the Director
7 of Professional Regulation shall promptly investigate the
8 allegations contained in such written communication. A copy
9 of such written communication, which is exempt from the
10 copying and inspection provisions of The Freedom of
11 Information Act, shall at the time of submission to the
12 Director of Professional Regulation, be simultaneously mailed
13 to the last known address of such licensed health care
14 professional by certified or registered postage, United
15 States Mail, return receipt requested. Any evidence, or
16 copies thereof, which is submitted in conjunction with the
17 written communication is also exempt from the copying and
18 inspection provisions of The Freedom of Information Act.
19 For the purposes of this Section, "licensed health care
20 professional" means any person licensed under the Illinois
21 Dental Practice Act, the Illinois Nursing and Advanced
22 Practice Nursing Act of 1987, the Medical Practice Act of
23 1987, the Pharmacy Practice Act of 1987, the Podiatric
24 Medical Practice Act of 1987, and the Illinois Optometric
25 Practice Act of 1987.
26 (Source: P.A. 85-1209.)
27 Section 34. The Prenatal and Newborn Care Act is amended
28 by changing Section 2 as follows:
29 (410 ILCS 225/2) (from Ch. 111 1/2, par. 7022)
30 Sec. 2. Definitions. As used in this Act, unless the
31 context otherwise requires:
32 (a) "Department" means the Illinois Department of Human
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1 Services.
2 (b) "Early and Periodic Screening, Diagnosis and
3 Treatment (EPSDT)" means the provision of preventative health
4 care under 42 C.F.R. 441.50 et seq., including medical and
5 dental services, needed to assess growth and development and
6 detect and treat health problems.
7 (c) "Hospital" means a hospital as defined under the
8 Hospital Licensing Act.
9 (d) "Local health authority" means the full-time
10 official health department or board of health, as recognized
11 by the Illinois Department of Public Health, having
12 jurisdiction over a particular area.
13 (e) "Nurse" means a nurse licensed under the Illinois
14 Nursing and Advanced Practice Nursing Act.
15 (f) "Physician" means a physician licensed to practice
16 medicine in all of its branches.
17 (g) "Postnatal visit" means a visit occurring after
18 birth, with reference to the newborn.
19 (h) "Prenatal visit" means a visit occurring before
20 birth.
21 (i) "Program" means the Prenatal and Newborn Care
22 Program established pursuant to this Act.
23 (Source: P.A. 89-507, eff. 7-1-97.)
24 Section 35. The Illinois Abortion Law of 1975 is amended
25 by changing Section 11 as follows:
26 (720 ILCS 510/11) (from Ch. 38, par. 81-31)
27 Sec. 11. (1) Any person who intentionally violates any
28 provision of this Law commits a Class A misdemeanor unless a
29 specific penalty is otherwise provided. Any person who
30 intentionally falsifies any writing required by this Law
31 commits a Class A misdemeanor.
32 Intentional, knowing, reckless, or negligent violations
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1 of this Law shall constitute unprofessional conduct which
2 causes public harm under Section 22 of the Medical Practice
3 Act of 1987, as amended; Sections 10-45 and 15-50 Section 25
4 of the Illinois Nursing and Advanced Practice Nursing Act of
5 1987, as amended, and Section 21 of the Physician Assistant
6 Practice Act of 1987, as amended.
7 Intentional, knowing, reckless or negligent violations of
8 this Law will constitute grounds for refusal, denial,
9 revocation, suspension, or withdrawal of license,
10 certificate, or permit under Section 30 of the Pharmacy
11 Practice Act of 1987, as amended; Section 7 of the
12 "Ambulatory Surgical Treatment Center Act", effective July
13 19, 1973, as amended; and Section 7 of the "Hospital
14 Licensing Act", approved July 1, 1953, as amended.
15 (2) Any hospital or licensed facility which, or any
16 physician who intentionally, knowingly, or recklessly fails
17 to submit a complete report to the Department in accordance
18 with the provisions of Section 10 of this Law and any person
19 who intentionally, knowingly, recklessly or negligently fails
20 to maintain the confidentiality of any reports required under
21 this Law or reports required by Sections 10.1 or 12 of this
22 Law commits a Class B misdemeanor.
23 (3) Any person who sells any drug, medicine, instrument
24 or other substance which he knows to be an abortifacient and
25 which is in fact an abortifacient, unless upon prescription
26 of a physician, is guilty of a Class B misdemeanor. Any
27 person who prescribes or administers any instrument,
28 medicine, drug or other substance or device, which he knows
29 to be an abortifacient, and which is in fact an
30 abortifacient, and intentionally, knowingly or recklessly
31 fails to inform the person for whom it is prescribed or upon
32 whom it is administered that it is an abortifacient commits a
33 Class C misdemeanor.
34 (4) Any person who intentionally, knowingly or
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1 recklessly performs upon a woman what he represents to that
2 woman to be an abortion when he knows or should know that she
3 is not pregnant commits a Class 2 felony and shall be
4 answerable in civil damages equal to 3 times the amount of
5 proved damages.
6 (Source: P.A. 85-1209.)
7 Section 37. The Illinois Controlled Substances Act is
8 amended by changing Sections 102 and 103 as follows:
9 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
10 Sec. 102. Definitions. As used in this Act, unless the
11 context otherwise requires:
12 (a) "Addict" means any person who habitually uses any
13 drug, chemical, substance or dangerous drug other than
14 alcohol so as to endanger the public morals, health, safety
15 or welfare or who is so far addicted to the use of a
16 dangerous drug or controlled substance other than alcohol as
17 to have lost the power of self control with reference to his
18 addiction.
19 (b) "Administer" means the direct application of a
20 controlled substance, whether by injection, inhalation,
21 ingestion, or any other means, to the body of a patient or
22 research subject by:
23 (1) a practitioner (or, in his presence, by his
24 authorized agent), or
25 (2) the patient or research subject at the lawful
26 direction of the practitioner.
27 (c) "Agent" means an authorized person who acts on
28 behalf of or at the direction of a manufacturer, distributor,
29 or dispenser. It does not include a common or contract
30 carrier, public warehouseman or employee of the carrier or
31 warehouseman.
32 (c-1) "Anabolic Steroids" means any drug or hormonal
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1 substance, chemically and pharmacologically related to
2 testosterone (other than estrogens, progestins, and
3 corticosteroids) that promotes muscle growth, and includes:
4 (i) boldenone,
5 (ii) chlorotestosterone,
6 (iii) chostebol,
7 (iv) dehydrochlormethyltestosterone,
8 (v) dihydrotestosterone,
9 (vi) drostanolone,
10 (vii) ethylestrenol,
11 (viii) fluoxymesterone,
12 (ix) formebulone,
13 (x) mesterolone,
14 (xi) methandienone,
15 (xii) methandranone,
16 (xiii) methandriol,
17 (xiv) methandrostenolone,
18 (xv) methenolone,
19 (xvi) methyltestosterone,
20 (xvii) mibolerone,
21 (xviii) nandrolone,
22 (xix) norethandrolone,
23 (xx) oxandrolone,
24 (xxi) oxymesterone,
25 (xxii) oxymetholone,
26 (xxiii) stanolone,
27 (xxiv) stanozolol,
28 (xxv) testolactone,
29 (xxvi) testosterone,
30 (xxvii) trenbolone, and
31 (xxviii) any salt, ester, or isomer of a drug
32 or substance described or listed in this paragraph,
33 if that salt, ester, or isomer promotes muscle
34 growth.
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1 Any person who is otherwise lawfully in possession of an
2 anabolic steroid, or who otherwise lawfully manufactures,
3 distributes, dispenses, delivers, or possesses with intent to
4 deliver an anabolic steroid, which anabolic steroid is
5 expressly intended for and lawfully allowed to be
6 administered through implants to livestock or other nonhuman
7 species, and which is approved by the Secretary of Health and
8 Human Services for such administration, and which the person
9 intends to administer or have administered through such
10 implants, shall not be considered to be in unauthorized
11 possession or to unlawfully manufacture, distribute,
12 dispense, deliver, or possess with intent to deliver such
13 anabolic steroid for purposes of this Act.
14 (d) "Administration" means the Drug Enforcement
15 Administration, United States Department of Justice, or its
16 successor agency.
17 (e) "Control" means to add a drug or other substance, or
18 immediate precursor, to a Schedule under Article II of this
19 Act whether by transfer from another Schedule or otherwise.
20 (f) "Controlled Substance" means a drug, substance, or
21 immediate precursor in the Schedules of Article II of this
22 Act.
23 (g) "Counterfeit substance" means a controlled
24 substance, which, or the container or labeling of which,
25 without authorization bears the trademark, trade name, or
26 other identifying mark, imprint, number or device, or any
27 likeness thereof, of a manufacturer, distributor, or
28 dispenser other than the person who in fact manufactured,
29 distributed, or dispensed the substance.
30 (h) "Deliver" or "delivery" means the actual,
31 constructive or attempted transfer of possession of a
32 controlled substance, with or without consideration, whether
33 or not there is an agency relationship.
34 (i) "Department" means the Illinois Department of Human
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1 Services (as successor to the Department of Alcoholism and
2 Substance Abuse) or its successor agency.
3 (j) "Department of State Police" means the Department of
4 State Police of the State of Illinois or its successor
5 agency.
6 (k) "Department of Corrections" means the Department of
7 Corrections of the State of Illinois or its successor agency.
8 (l) "Department of Professional Regulation" means the
9 Department of Professional Regulation of the State of
10 Illinois or its successor agency.
11 (m) "Depressant" or "stimulant substance" means:
12 (1) a drug which contains any quantity of (i)
13 barbituric acid or any of the salts of barbituric acid
14 which has been designated as habit forming under section
15 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
16 U.S.C. 352 (d)); or
17 (2) a drug which contains any quantity of (i)
18 amphetamine or methamphetamine and any of their optical
19 isomers; (ii) any salt of amphetamine or methamphetamine
20 or any salt of an optical isomer of amphetamine; or (iii)
21 any substance which the Department, after investigation,
22 has found to be, and by rule designated as, habit forming
23 because of its depressant or stimulant effect on the
24 central nervous system; or
25 (3) lysergic acid diethylamide; or
26 (4) any drug which contains any quantity of a
27 substance which the Department, after investigation, has
28 found to have, and by rule designated as having, a
29 potential for abuse because of its depressant or
30 stimulant effect on the central nervous system or its
31 hallucinogenic effect.
32 (n) "Designated product" means any narcotic drug,
33 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
34 pentazocine or cannabis product listed in Schedule II and
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1 also means a controlled substance listed in Schedule II which
2 is determined and designated by the Department or its
3 successor agency to be such a product. A designated product
4 shall only be dispensed upon an official prescription blank.
5 (o) "Director" means the Director of the Department of
6 State Police or the Department of Professional Regulation or
7 his designated agents.
8 (p) "Dispense" means to deliver a controlled substance
9 to an ultimate user or research subject by or pursuant to the
10 lawful order of a prescriber, including the prescribing,
11 administering, packaging, labeling, or compounding necessary
12 to prepare the substance for that delivery.
13 (q) "Dispenser" means a practitioner who dispenses.
14 (r) "Distribute" means to deliver, other than by
15 administering or dispensing, a controlled substance.
16 (s) "Distributor" means a person who distributes.
17 (t) "Drug" means (1) substances recognized as drugs in
18 the official United States Pharmacopoeia, Official
19 Homeopathic Pharmacopoeia of the United States, or official
20 National Formulary, or any supplement to any of them; (2)
21 substances intended for use in diagnosis, cure, mitigation,
22 treatment, or prevention of disease in man or animals; (3)
23 substances (other than food) intended to affect the structure
24 of any function of the body of man or animals and (4)
25 substances intended for use as a component of any article
26 specified in clause (1), (2), or (3) of this subsection. It
27 does not include devices or their components, parts, or
28 accessories.
29 (u) "Good faith" means the prescribing or dispensing of
30 a controlled substance by a practitioner in the regular
31 course of professional treatment to or for any person who is
32 under his treatment for a pathology or condition other than
33 that individual's physical or psychological dependence upon
34 or addiction to a controlled substance, except as provided
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1 herein: and application of the term to a pharmacist shall
2 mean the dispensing of a controlled substance pursuant to the
3 prescriber's order which in the professional judgment of the
4 pharmacist is lawful. The pharmacist shall be guided by
5 accepted professional standards including, but not limited to
6 the following, in making the judgment:
7 (1) lack of consistency of doctor-patient
8 relationship,
9 (2) frequency of prescriptions for same drug by one
10 prescriber for large numbers of patients,
11 (3) quantities beyond those normally prescribed,
12 (4) unusual dosages,
13 (5) unusual geographic distances between patient,
14 pharmacist and prescriber,
15 (6) consistent prescribing of habit-forming drugs.
16 (u-1) "Home infusion services" means services provided
17 by a pharmacy in compounding solutions for direct
18 administration to a patient in a private residence, long-term
19 care facility, or hospice setting by means of parenteral,
20 intravenous, intramuscular, subcutaneous, or intraspinal
21 infusion.
22 (v) "Immediate precursor" means a substance:
23 (1) which the Department has found to be and by
24 rule designated as being a principal compound used, or
25 produced primarily for use, in the manufacture of a
26 controlled substance;
27 (2) which is an immediate chemical intermediary
28 used or likely to be used in the manufacture of such
29 controlled substance; and
30 (3) the control of which is necessary to prevent,
31 curtail or limit the manufacture of such controlled
32 substance.
33 (w) "Instructional activities" means the acts of
34 teaching, educating or instructing by practitioners using
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1 controlled substances within educational facilities approved
2 by the State Board of Education or its successor agency.
3 (x) "Local authorities" means a duly organized State,
4 County or Municipal peace unit or police force.
5 (y) "Look-alike substance" means a substance, other than
6 a controlled substance which (1) by overall dosage unit
7 appearance, including shape, color, size, markings or lack
8 thereof, taste, consistency, or any other identifying
9 physical characteristic of the substance, would lead a
10 reasonable person to believe that the substance is a
11 controlled substance, or (2) is expressly or impliedly
12 represented to be a controlled substance or is distributed
13 under circumstances which would lead a reasonable person to
14 believe that the substance is a controlled substance. For the
15 purpose of determining whether the representations made or
16 the circumstances of the distribution would lead a reasonable
17 person to believe the substance to be a controlled substance
18 under this clause (2) of subsection (y), the court or other
19 authority may consider the following factors in addition to
20 any other factor that may be relevant:
21 (a) statements made by the owner or person in
22 control of the substance concerning its nature, use or
23 effect;
24 (b) statements made to the buyer or recipient that
25 the substance may be resold for profit;
26 (c) whether the substance is packaged in a manner
27 normally used for the illegal distribution of controlled
28 substances;
29 (d) whether the distribution or attempted
30 distribution included an exchange of or demand for money
31 or other property as consideration, and whether the
32 amount of the consideration was substantially greater
33 than the reasonable retail market value of the substance.
34 Clause (1) of this subsection (y) shall not apply to a
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1 noncontrolled substance in its finished dosage form that was
2 initially introduced into commerce prior to the initial
3 introduction into commerce of a controlled substance in its
4 finished dosage form which it may substantially resemble.
5 Nothing in this subsection (y) prohibits the dispensing
6 or distributing of noncontrolled substances by persons
7 authorized to dispense and distribute controlled substances
8 under this Act, provided that such action would be deemed to
9 be carried out in good faith under subsection (u) if the
10 substances involved were controlled substances.
11 Nothing in this subsection (y) or in this Act prohibits
12 the manufacture, preparation, propagation, compounding,
13 processing, packaging, advertising or distribution of a drug
14 or drugs by any person registered pursuant to Section 510 of
15 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
16 (y-1) "Mail-order pharmacy" means a pharmacy that is
17 located in a state of the United States, other than Illinois,
18 that delivers, dispenses or distributes, through the United
19 States Postal Service or other common carrier, to Illinois
20 residents, any substance which requires a prescription.
21 (z) "Manufacture" means the production, preparation,
22 propagation, compounding, conversion or processing of a
23 controlled substance, either directly or indirectly, by
24 extraction from substances of natural origin, or
25 independently by means of chemical synthesis, or by a
26 combination of extraction and chemical synthesis, and
27 includes any packaging or repackaging of the substance or
28 labeling of its container, except that this term does not
29 include:
30 (1) by an ultimate user, the preparation or
31 compounding of a controlled substance for his own use; or
32 (2) by a practitioner, or his authorized agent
33 under his supervision, the preparation, compounding,
34 packaging, or labeling of a controlled substance:
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1 (a) as an incident to his administering or
2 dispensing of a controlled substance in the course
3 of his professional practice; or
4 (b) as an incident to lawful research,
5 teaching or chemical analysis and not for sale.
6 (aa) "Narcotic drug" means any of the following, whether
7 produced directly or indirectly by extraction from substances
8 of natural origin, or independently by means of chemical
9 synthesis, or by a combination of extraction and chemical
10 synthesis:
11 (1) opium and opiate, and any salt, compound,
12 derivative, or preparation of opium or opiate;
13 (2) any salt, compound, isomer, derivative, or
14 preparation thereof which is chemically equivalent or
15 identical with any of the substances referred to in
16 clause (1), but not including the isoquinoline alkaloids
17 of opium;
18 (3) opium poppy and poppy straw;
19 (4) coca leaves and any salts, compound, isomer,
20 salt of an isomer, derivative, or preparation of coca
21 leaves including cocaine or ecgonine, and any salt,
22 compound, isomer, derivative, or preparation thereof
23 which is chemically equivalent or identical with any of
24 these substances, but not including decocainized coca
25 leaves or extractions of coca leaves which do not contain
26 cocaine or ecgonine (for the purpose of this paragraph,
27 the term "isomer" includes optical, positional and
28 geometric isomers).
29 (bb) "Nurse" means a registered nurse licensed under the
30 Illinois Nursing and Advanced Practice Nursing Act of 1987.
31 (cc) "Official prescription blanks" means the triplicate
32 prescription forms supplied to prescribers by the Department
33 for prescribing Schedule II Designated Product controlled
34 substances.
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1 (dd) "Opiate" means any substance having an addiction
2 forming or addiction sustaining liability similar to morphine
3 or being capable of conversion into a drug having addiction
4 forming or addiction sustaining liability.
5 (ee) "Opium poppy" means the plant of the species
6 Papaver somniferum L., except its seeds.
7 (ff) "Parole and Pardon Board" means the Parole and
8 Pardon Board of the State of Illinois or its successor
9 agency.
10 (gg) "Person" means any individual, corporation,
11 mail-order pharmacy, government or governmental subdivision
12 or agency, business trust, estate, trust, partnership or
13 association, or any other entity.
14 (hh) "Pharmacist" means any person who holds a
15 certificate of registration as a registered pharmacist, a
16 local registered pharmacist or a registered assistant
17 pharmacist under the Pharmacy Practice Act of 1987.
18 (ii) "Pharmacy" means any store, ship or other place in
19 which pharmacy is authorized to be practiced under the
20 Pharmacy Practice Act of 1987.
21 (jj) "Poppy straw" means all parts, except the seeds, of
22 the opium poppy, after mowing.
23 (kk) "Practitioner" means a physician licensed to
24 practice medicine in all its branches, dentist, podiatrist,
25 veterinarian, scientific investigator, pharmacist, physician
26 assistant, advanced practice nurse, licensed practical nurse,
27 registered nurse, hospital, laboratory, or pharmacy, or other
28 person licensed, registered, or otherwise lawfully permitted
29 by the United States or this State to distribute, dispense,
30 conduct research with respect to, administer or use in
31 teaching or chemical analysis, a controlled substance in the
32 course of professional practice or research.
33 (ll) "Pre-printed prescription" means a written
34 prescription upon which the designated drug has been
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1 indicated prior to the time of issuance.
2 (mm) "Prescriber" means a physician licensed to practice
3 medicine in all its branches, dentist, podiatrist or
4 veterinarian who issues a prescription, or a physician
5 assistant who issues a prescription for a Schedule III, IV,
6 or V controlled substance as delegated by a physician
7 licensed to practice medicine in all its branches in
8 accordance with the written guidelines required under Section
9 7.5 of the Physician Assistant Practice Act of 1987, or an
10 advanced practice nurse with prescriptive authority, as
11 delegated by a physician licensed to practice medicine in all
12 its branches, in accordance with a written collaborative
13 agreement under Sections 15-15 and 15-20 of the Nursing and
14 Advanced Practice Nursing Act.
15 (nn) "Prescription" means a lawful written, facsimile,
16 or verbal order of a physician licensed to practice medicine
17 in all its branches, dentist, podiatrist or veterinarian for
18 any controlled substance, or of a physician assistant for a
19 Schedule III, IV, or V controlled substance as delegated by a
20 physician licensed to practice medicine in all its branches
21 in accordance with the written guidelines required under
22 Section 7.5 of the Physician Assistant Practice Act of 1987,
23 or of an advanced practice nurse who issues a prescription
24 for a Schedule III, IV, or V controlled substance, pursuant
25 to prescriptive authority delegated by a physician licensed
26 to practice medicine in all its branches, in accordance with
27 a written collaborative agreement under Sections 15-15 and
28 15-20 of the Nursing and Advanced Practice Nursing Act.
29 (oo) "Production" or "produce" means manufacture,
30 planting, cultivating, growing, or harvesting of a controlled
31 substance.
32 (pp) "Registrant" means every person who is required to
33 register under Section 302 of this Act.
34 (qq) "Registry number" means the number assigned to each
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1 person authorized to handle controlled substances under the
2 laws of the United States and of this State.
3 (rr) "State" includes the State of Illinois and any
4 state, district, commonwealth, territory, insular possession
5 thereof, and any area subject to the legal authority of the
6 United States of America.
7 (ss) "Ultimate user" means a person who lawfully
8 possesses a controlled substance for his own use or for the
9 use of a member of his household or for administering to an
10 animal owned by him or by a member of his household.
11 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97;
12 90-116, eff. 7-14-97.)
13 (720 ILCS 570/103) (from Ch. 56 1/2, par. 1103)
14 Sec. 103. Scope of Act. Nothing in this Act limits the
15 lawful authority granted by the Medical Practice Act of 1987,
16 the Illinois Nursing and Advanced Practice Nursing Act, of
17 1987 or the Pharmacy Practice Act of 1987.
18 (Source: P.A. 85-1209.)
19 Section 40. The Good Samaritan Act is amended by adding
20 Section 34 and changing Sections 10, 25, 30, 35, 40, 45, 60,
21 70, and 75 as follows:
22 (745 ILCS 49/10)
23 Sec. 10. Cardiopulmonary resuscitation; exemption from
24 civil liability for emergency care. Any person currently
25 certified in basic cardiopulmonary resuscitation who complies
26 with generally recognized standards, and who in good faith,
27 not for compensation, provides emergency cardiopulmonary
28 resuscitation to a person who is an apparent victim of acute
29 cardiopulmonary insufficiency shall not, as the result of his
30 or her acts or omissions in providing resuscitation, be
31 liable for civil damages, unless the acts or omissions
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1 constitute willful and wanton misconduct.
2 (Source: P.A. 89-607, eff. 1-1-97.)
3 (745 ILCS 49/25)
4 Sec. 25. Physicians; exemption from civil liability for
5 emergency care. Any person licensed under the Medical
6 Practice Act of 1987 or any person licensed to practice the
7 treatment of human ailments in any other state or territory
8 of the United States, except a person licensed to practice
9 midwifery, who, in good faith and without prior notice of the
10 illness or injury, provides emergency care without fee to a
11 person, shall not, as a result of his or her their acts or
12 omissions, except willful or wanton misconduct on the part of
13 the person, in providing the care, be liable for civil
14 damages.
15 (Source: P.A. 89-607, eff. 1-1-97.)
16 (745 ILCS 49/30)
17 Sec. 30. Free medical clinic; exemption from civil
18 liability for services performed without compensation.
19 (a) A person licensed under the Medical Practice Act of
20 1987, a person or licensed to practice the treatment of human
21 ailments in any other state or territory of the United
22 States, or a health care professional, including but not
23 limited to an advanced practice nurse, physician assistant,
24 nurse, pharmacist, physical therapist, podiatrist, or social
25 worker licensed in this State or any other state or territory
26 of the United States, except a person licensed to practice
27 midwifery, who, in good faith, provides medical treatment,
28 diagnosis, or advice as a part of the services of an
29 established free medical clinic providing care to medically
30 indigent patients which is limited to care that does not
31 require the services of a licensed hospital or ambulatory
32 surgical treatment center and who receives no fee or
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1 compensation from that source shall not be liable for civil
2 damages as a result of his or her acts or omissions in
3 providing that medical treatment, except for willful or
4 wanton misconduct.
5 (b) For purposes of this Section, a "free medical
6 clinic" is an organized community based program providing
7 medical care without charge to individuals unable to pay for
8 it, at which the care provided does not include the use of
9 general anesthesia or require an overnight stay in a
10 health-care facility.
11 (c) The provisions of subsection (a) of this Section do
12 not apply to a particular case unless the free medical clinic
13 has posted in a conspicuous place on its premises an
14 explanation of the exemption from civil liability provided
15 herein.
16 (d) The immunity from civil damages provided under
17 subsection (a) also applies to physicians, hospitals, and
18 other health care providers that provide further medical
19 treatment, diagnosis, or advice to a patient upon referral
20 from an established free medical clinic without fee or
21 compensation.
22 (e) Nothing in this Section prohibits a free medical
23 clinic from accepting voluntary contributions for medical
24 services provided to a patient who has acknowledged his or
25 her ability and willingness to pay a portion of the value of
26 the medical services provided.
27 Any voluntary contribution collected for providing care
28 at a free medical clinic shall be used only to pay overhead
29 expenses of operating the clinic. No portion of any moneys
30 collected shall be used to provide a fee or other
31 compensation to any person licensed under Medical Practice
32 Act of 1987.
33 (Source: P.A. 89-607, eff. 1-1-97.)
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1 (745 ILCS 49/34 new)
2 Sec. 34. Advanced practice nurse; exemption from civil
3 liability for emergency care. A person licensed as an
4 advanced practice nurse under the Nursing and Advanced
5 Practice Nursing Act who in good faith provides emergency
6 care without fee to a person shall not be liable for civil
7 damages as a result of his or her acts or omissions, except
8 for willful or wanton misconduct on the part of the person in
9 providing the care.
10 (745 ILCS 49/35)
11 Sec. 35. Nurses; exemption from civil liability for
12 emergency care. Any person licensed under the Illinois
13 Nursing Act of 1987 or any person licensed as a professional
14 nurse, or as a practical nurse in Illinois or any other state
15 or territory of the United States who in good faith and
16 without prior notice of the illness or injury provides
17 emergency care without fee to a person shall not, as a result
18 of her or his acts or omissions, except for willful or wanton
19 misconduct on the part of the person, in providing the care,
20 be liable for civil damages.
21 (Source: P.A. 89-607, eff. 1-1-97.)
22 (745 ILCS 49/40)
23 Sec. 40. Nurses; exemption from civil liability for
24 services performed without compensation.
25 (a) No person licensed as a professional nurse or as a
26 practical nurse under the Illinois Nursing and Advanced
27 Practice Nursing Act of 1987 who, without compensation,
28 renders nursing services, shall be liable, and no cause of
29 action may be brought, for damages resulting from an act or
30 omission in rendering such services unless the act or
31 omission involved willful or wanton misconduct.
32 (b) (Blank). As used in this Section "willful or wanton
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1 misconduct" means a course of action which shows an actual or
2 deliberate intention to cause harm or which, if not
3 intentional, shows an utter indifference to or conscious
4 disregard for the safety of others or their property.
5 (c) As used in this Section "entity" means a
6 proprietorship, partnership, association or corporation,
7 whether or not operated for profit.
8 (d) Nothing in this Section is intended to bar any cause
9 of action against an entity or change the liability of an
10 entity which arises out of an act or omission of any person
11 exempt from liability for negligence under this Section.
12 (Source: P.A. 89-607, eff. 1-1-97.)
13 (745 ILCS 49/45)
14 Sec. 45. Physical Therapist; exemption from civil
15 liability for emergency care. Any physical therapist, as
16 defined in Section 1 of the Illinois Physical Therapy Act,
17 who in good faith provides emergency care without fee to any
18 person shall not, as a result of his or her acts or
19 omissions, except willful and wanton misconduct on the part
20 of the person in providing the care, be liable to a person to
21 whom such care is provided for civil damages.
22 (Source: P.A. 89-607, eff. 1-1-97.)
23 (745 ILCS 49/60)
24 Sec. 60. Veterinarians; exemption from civil liability
25 for emergency care to humans. Any person licensed under the
26 Veterinary Medicine and Surgery Practice Act of 1994 or any
27 person licensed as a veterinarian in any other state or
28 territory of the United States who in good faith provides
29 emergency care to a human victim of an accident, at the scene
30 of an accident or in a catastrophe shall not be liable for
31 civil damages as a result of his or her acts or omissions,
32 except for willful or wanton misconduct on the part of the
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1 person in providing the care.
2 (Source: P.A. 89-607, eff. 1-1-97.)
3 (745 ILCS 49/70)
4 Sec. 70. Law enforcement officers or firemen; exemption
5 from civil liability for emergency care. Any law
6 enforcement officer or fireman as defined in Section 2 of the
7 Law Enforcement Officers, Civil Defense Workers, Civil Air
8 Patrol Members, Paramedics, Firemen, Chaplains, and State
9 Employees Compensation Act, who in good faith provides
10 emergency care without fee to any person shall not, as a
11 result of his or her acts or omissions, except willful and
12 wanton misconduct on the part of the person, in providing the
13 care, be liable to a person to whom such care is provided for
14 civil damages.
15 (Source: P.A. 89-607, eff. 1-1-97.)
16 (745 ILCS 49/75)
17 Sec. 75. Employers and employees under the Health and
18 Safety Act; exemption from civil liability for emergency
19 care. Any employer, who in good faith provides emergency
20 medical or first aid care without fee to any employee or any
21 other person employed on the same project shall not, as a
22 result of his or her acts or omissions, except willful and
23 wanton misconduct on the part of the employer, in providing
24 the care, be liable to such employee or such other person to
25 whom such care is provided for civil damages.
26 Any employee who in good faith provides emergency medical
27 or first aid care without fee to any other employee or any
28 other person employed on the same project shall not, as a
29 result of his or her acts or omissions, except for willful
30 and wanton misconduct on the part of the employee in
31 providing the care, be liable to the employee or other person
32 to whom the care is provided for civil damages.
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1 Excluded from the operation of this Section are any
2 employees who are licensed physicians, nurses, dentists, or
3 other licensed health services personnel.
4 The provisions of this Section do not affect or in any
5 way diminish or change an employer's liability under the
6 Workers' Compensation Act, or the Workers' Occupational
7 Diseases Act.
8 This Section applies only to employers and employees
9 under the Health and Safety Act.
10 (Source: P.A. 89-607, eff. 1-1-97.)
11 Section 45. The Unemployment Insurance Act is amended by
12 changing Section 230 as follows:
13 (820 ILCS 405/230) (from Ch. 48, par. 340)
14 Sec. 230. The term "employment" shall not include service
15 performed after 1971:
16 (A) A. In the employ of a hospital, if such service
17 is performed by a patient of the hospital.
18 (B) B. As a student nurse in the employ of a
19 hospital or a nurses' training school by an individual
20 who is enrolled and is regularly attending classes in a
21 nurses' training school approved pursuant to the Illinois
22 Nursing and Advanced Practice Nursing Act of 1987.
23 (C) C. As an intern in the employ of a hospital by
24 an individual who has completed a 4 years' course in a
25 medical school chartered or approved pursuant to State
26 law.
27 (Source: P.A. 85-1209.)
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1 Section 99. Effective date. This Act takes effect July
2 1, 1998.