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90_SB1585sam003
LRB9011272NTsbam05
1 AMENDMENT TO SENATE BILL 1585
2 AMENDMENT NO. . Amend Senate Bill 1585, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT concerning medicine."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Clinical Laboratory and Blood
8 Bank Act is amended by changing Section 7-101 as follows:
9 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
10 Sec. 7-101. Examination of specimens. A clinical
11 laboratory shall examine specimens only at the request of (i)
12 a licensed physician, (ii) a licensed dentist, (iii) a
13 licensed podiatrist, (iv) a therapeutic optometrist for
14 diagnostic or therapeutic purposes related to the use of
15 diagnostic topical or therapeutic ocular pharmaceutical
16 agents, as defined in subsections (c) and (d) of Section 15.1
17 of the Illinois Optometric Practice Act of 1987, (v) a
18 licensed physician assistant in accordance with the written
19 guidelines required under subdivision (3) of Section 4 and
20 under Section 7.5 of the Physician Assistant Practice Act of
21 1987, (v-A) an advanced practice nurse in accordance with
22 the written collaborative agreement required under Section
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1 15-15 of the Nursing and Advanced Practice Nursing Act, or
2 (vi) an authorized law enforcement agency or, in the case of
3 blood alcohol, at the request of the individual for whom the
4 test is to be performed in compliance with Sections 11-501
5 and 11-501.1 of the Illinois Vehicle Code. If the request
6 to a laboratory is oral, the physician or other authorized
7 person shall submit a written request to the laboratory
8 within 48 hours. If the laboratory does not receive the
9 written request within that period, it shall note that fact
10 in its records.
11 (Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;
12 revised 10-23-97.)
13 Section 10. The Medical Practice Act of 1987 is amended
14 by changing Sections 20 and 22 and adding Section 54.5 as
15 follows:
16 (225 ILCS 60/20) (from Ch. 111, par. 4400-20)
17 Sec. 20. Continuing education. The Department shall
18 promulgate rules of continuing education for persons licensed
19 under this Act that require 150 50 hours of continuing
20 education per license renewal cycle each year. These rules
21 shall be consistent with requirements of relevant
22 professional associations, speciality societies, or boards.
23 The rules shall also address variances for illness or
24 hardship. In establishing these rules, the Department shall
25 consider educational requirements for medical staffs,
26 requirements for specialty society board certification or for
27 continuing education requirements as a condition of
28 membership in societies representing the 2 categories of
29 licensee under this Act. These rules shall assure that
30 licensees are given the opportunity to participate in those
31 programs sponsored by or through their professional
32 associations or hospitals which are relevant to their
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1 practice. Each licensee is responsible for maintaining
2 records of completion of continuing education and shall be
3 prepared to produce the records when requested by the
4 Department.
5 (Source: P.A. 89-702, eff. 7-1-97.)
6 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
7 Sec. 22. Disciplinary action.
8 (A) The Department may revoke, suspend, place on
9 probationary status, or take any other disciplinary action as
10 the Department may deem proper with regard to the license or
11 visiting professor permit of any person issued under this Act
12 to practice medicine, or to treat human ailments without the
13 use of drugs and without operative surgery upon any of the
14 following grounds:
15 (1) Performance of an elective abortion in any
16 place, locale, facility, or institution other than:
17 (a) a facility licensed pursuant to the
18 Ambulatory Surgical Treatment Center Act;
19 (b) an institution licensed under the Hospital
20 Licensing Act; or
21 (c) an ambulatory surgical treatment center or
22 hospitalization or care facility maintained by the
23 State or any agency thereof, where such department
24 or agency has authority under law to establish and
25 enforce standards for the ambulatory surgical
26 treatment centers, hospitalization, or care
27 facilities under its management and control; or
28 (d) ambulatory surgical treatment centers,
29 hospitalization or care facilities maintained by the
30 Federal Government; or
31 (e) ambulatory surgical treatment centers,
32 hospitalization or care facilities maintained by any
33 university or college established under the laws of
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1 this State and supported principally by public funds
2 raised by taxation.
3 (2) Performance of an abortion procedure in a
4 wilful and wanton manner on a woman who was not pregnant
5 at the time the abortion procedure was performed.
6 (3) The conviction of a felony in this or any other
7 jurisdiction, except as otherwise provided in subsection
8 B of this Section, whether or not related to practice
9 under this Act, or the entry of a guilty or nolo
10 contendere plea to a felony charge.
11 (4) Gross negligence in practice under this Act.
12 (5) Engaging in dishonorable, unethical or
13 unprofessional conduct of a character likely to deceive,
14 defraud or harm the public.
15 (6) Obtaining any fee by fraud, deceit, or
16 misrepresentation.
17 (7) Habitual or excessive use or abuse of drugs
18 defined in law as controlled substances, of alcohol, or
19 of any other substances which results in the inability to
20 practice with reasonable judgment, skill or safety.
21 (8) Practicing under a false or, except as provided
22 by law, an assumed name.
23 (9) Fraud or misrepresentation in applying for, or
24 procuring, a license under this Act or in connection with
25 applying for renewal of a license under this Act.
26 (10) Making a false or misleading statement
27 regarding their skill or the efficacy or value of the
28 medicine, treatment, or remedy prescribed by them at
29 their direction in the treatment of any disease or other
30 condition of the body or mind.
31 (11) Allowing another person or organization to use
32 their license, procured under this Act, to practice.
33 (12) Disciplinary action of another state or
34 jurisdiction against a license or other authorization to
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1 practice as a medical doctor, doctor of osteopathy,
2 doctor of osteopathic medicine or doctor of chiropractic,
3 a certified copy of the record of the action taken by the
4 other state or jurisdiction being prima facie evidence
5 thereof.
6 (13) Violation of any provision of this Act or of
7 the Medical Practice Act prior to the repeal of that Act,
8 or violation of the rules, or a final administrative
9 action of the Director, after consideration of the
10 recommendation of the Disciplinary Board.
11 (14) Dividing with anyone other than physicians
12 with whom the licensee practices in a partnership,
13 Professional Association, limited liability company, or
14 Medical or Professional Corporation any fee, commission,
15 rebate or other form of compensation for any professional
16 services not actually and personally rendered. Nothing
17 contained in this subsection prohibits persons holding
18 valid and current licenses under this Act from practicing
19 medicine in partnership under a partnership agreement,
20 including a limited liability partnership, in a limited
21 liability company under the Limited Liability Company
22 Act, in a corporation authorized by the Medical
23 Corporation Act, as an association authorized by the
24 Professional Association Act, or in a corporation under
25 the Professional Corporation Act or from pooling,
26 sharing, dividing or apportioning the fees and monies
27 received by them or by the partnership, corporation or
28 association in accordance with the partnership agreement
29 or the policies of the Board of Directors of the
30 corporation or association. Nothing contained in this
31 subsection prohibits 2 or more corporations authorized by
32 the Medical Corporation Act, from forming a partnership
33 or joint venture of such corporations, and providing
34 medical, surgical and scientific research and knowledge
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1 by employees of these corporations if such employees are
2 licensed under this Act, or from pooling, sharing,
3 dividing, or apportioning the fees and monies received by
4 the partnership or joint venture in accordance with the
5 partnership or joint venture agreement. Nothing
6 contained in this subsection shall abrogate the right of
7 2 or more persons, holding valid and current licenses
8 under this Act, to each receive adequate compensation for
9 concurrently rendering professional services to a patient
10 and divide a fee; provided, the patient has full
11 knowledge of the division, and, provided, that the
12 division is made in proportion to the services performed
13 and responsibility assumed by each.
14 (15) A finding by the Medical Disciplinary Board
15 that the registrant after having his or her license
16 placed on probationary status or subjected to conditions
17 or restrictions violated the terms of the probation or
18 failed to comply with such terms or conditions.
19 (16) Abandonment of a patient.
20 (17) Prescribing, selling, administering,
21 distributing, giving or self-administering any drug
22 classified as a controlled substance (designated product)
23 or narcotic for other than medically accepted therapeutic
24 purposes.
25 (18) Promotion of the sale of drugs, devices,
26 appliances or goods provided for a patient in such manner
27 as to exploit the patient for financial gain of the
28 physician.
29 (19) Offering, undertaking or agreeing to cure or
30 treat disease by a secret method, procedure, treatment or
31 medicine, or the treating, operating or prescribing for
32 any human condition by a method, means or procedure which
33 the licensee refuses to divulge upon demand of the
34 Department.
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1 (20) Immoral conduct in the commission of any act
2 including, but not limited to, commission of an act of
3 sexual misconduct related to the licensee's practice.
4 (21) Wilfully making or filing false records or
5 reports in his or her practice as a physician, including,
6 but not limited to, false records to support claims
7 against the medical assistance program of the Department
8 of Public Aid under the Illinois Public Aid Code.
9 (22) Wilful omission to file or record, or wilfully
10 impeding the filing or recording, or inducing another
11 person to omit to file or record, medical reports as
12 required by law, or wilfully failing to report an
13 instance of suspected abuse or neglect as required by
14 law.
15 (23) Being named as a perpetrator in an indicated
16 report by the Department of Children and Family Services
17 under the Abused and Neglected Child Reporting Act, and
18 upon proof by clear and convincing evidence that the
19 licensee has caused a child to be an abused child or
20 neglected child as defined in the Abused and Neglected
21 Child Reporting Act.
22 (24) Solicitation of professional patronage by any
23 corporation, agents or persons, or profiting from those
24 representing themselves to be agents of the licensee.
25 (25) Gross and wilful and continued overcharging
26 for professional services, including filing false
27 statements for collection of fees for which services are
28 not rendered, including, but not limited to, filing such
29 false statements for collection of monies for services
30 not rendered from the medical assistance program of the
31 Department of Public Aid under the Illinois Public Aid
32 Code.
33 (26) A pattern of practice or other behavior which
34 demonstrates incapacity or incompetence to practice under
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1 this Act.
2 (27) Mental illness or disability which results in
3 the inability to practice under this Act with reasonable
4 judgment, skill or safety.
5 (28) Physical illness, including, but not limited
6 to, deterioration through the aging process, or loss of
7 motor skill which results in a physician's inability to
8 practice under this Act with reasonable judgment, skill
9 or safety.
10 (29) Cheating on or attempt to subvert the
11 licensing examinations administered under this Act.
12 (30) Wilfully or negligently violating the
13 confidentiality between physician and patient except as
14 required by law.
15 (31) The use of any false, fraudulent, or deceptive
16 statement in any document connected with practice under
17 this Act.
18 (32) Aiding and abetting an individual not licensed
19 under this Act in the practice of a profession licensed
20 under this Act.
21 (33) Violating state or federal laws or regulations
22 relating to controlled substances.
23 (34) Failure to report to the Department any
24 adverse final action taken against them by another
25 licensing jurisdiction (any other state or any territory
26 of the United States or any foreign state or country), by
27 any peer review body, by any health care institution, by
28 any professional society or association related to
29 practice under this Act, by any governmental agency, by
30 any law enforcement agency, or by any court for acts or
31 conduct similar to acts or conduct which would constitute
32 grounds for action as defined in this Section.
33 (35) Failure to report to the Department surrender
34 of a license or authorization to practice as a medical
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1 doctor, a doctor of osteopathy, a doctor of osteopathic
2 medicine, or doctor of chiropractic in another state or
3 jurisdiction, or surrender of membership on any medical
4 staff or in any medical or professional association or
5 society, while under disciplinary investigation by any of
6 those authorities or bodies, for acts or conduct similar
7 to acts or conduct which would constitute grounds for
8 action as defined in this Section.
9 (36) Failure to report to the Department any
10 adverse judgment, settlement, or award arising from a
11 liability claim related to acts or conduct similar to
12 acts or conduct which would constitute grounds for action
13 as defined in this Section.
14 (37) Failure to transfer copies of medical records
15 as required by law.
16 (38) Failure to furnish the Department, its
17 investigators or representatives, relevant information,
18 legally requested by the Department after consultation
19 with the Chief Medical Coordinator or the Deputy Medical
20 Coordinator.
21 (39) Violating the Health Care Worker Self-Referral
22 Act.
23 (40) Willful failure to provide notice when notice
24 is required under the Parental Notice of Abortion Act of
25 1995.
26 (41) Failure to establish and maintain records of
27 patient care and treatment as required by this law.
28 (42) Entering into an excessive number of written
29 collaborative agreements with licensed advanced practice
30 nurses resulting in an inability to adequately
31 collaborate and provide medical direction.
32 (43) Repeated failure to adequately collaborate
33 with or provide medical direction to a licensed advanced
34 practice nurse.
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1 All proceedings to suspend, revoke, place on probationary
2 status, or take any other disciplinary action as the
3 Department may deem proper, with regard to a license on any
4 of the foregoing grounds, must be commenced within 3 years
5 next after receipt by the Department of a complaint alleging
6 the commission of or notice of the conviction order for any
7 of the acts described herein. Except for the grounds
8 numbered (8), (9) and (29), no action shall be commenced more
9 than 5 years after the date of the incident or act alleged to
10 have violated this Section. In the event of the settlement
11 of any claim or cause of action in favor of the claimant or
12 the reduction to final judgment of any civil action in favor
13 of the plaintiff, such claim, cause of action or civil action
14 being grounded on the allegation that a person licensed under
15 this Act was negligent in providing care, the Department
16 shall have an additional period of one year from the date of
17 notification to the Department under Section 23 of this Act
18 of such settlement or final judgment in which to investigate
19 and commence formal disciplinary proceedings under Section 36
20 of this Act, except as otherwise provided by law. The time
21 during which the holder of the license was outside the State
22 of Illinois shall not be included within any period of time
23 limiting the commencement of disciplinary action by the
24 Department.
25 The entry of an order or judgment by any circuit court
26 establishing that any person holding a license under this Act
27 is a person in need of mental treatment operates as a
28 suspension of that license. That person may resume their
29 practice only upon the entry of a Departmental order based
30 upon a finding by the Medical Disciplinary Board that they
31 have been determined to be recovered from mental illness by
32 the court and upon the Disciplinary Board's recommendation
33 that they be permitted to resume their practice.
34 The Department may refuse to issue or take disciplinary
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1 action concerning the license of any person who fails to file
2 a return, or to pay the tax, penalty or interest shown in a
3 filed return, or to pay any final assessment of tax, penalty
4 or interest, as required by any tax Act administered by the
5 Illinois Department of Revenue, until such time as the
6 requirements of any such tax Act are satisfied as determined
7 by the Illinois Department of Revenue.
8 The Department, upon the recommendation of the
9 Disciplinary Board, shall adopt rules which set forth
10 standards to be used in determining:
11 (a) when a person will be deemed sufficiently
12 rehabilitated to warrant the public trust;
13 (b) what constitutes dishonorable, unethical or
14 unprofessional conduct of a character likely to deceive,
15 defraud, or harm the public;
16 (c) what constitutes immoral conduct in the
17 commission of any act, including, but not limited to,
18 commission of an act of sexual misconduct related to the
19 licensee's practice; and
20 (d) what constitutes gross negligence in the
21 practice of medicine.
22 However, no such rule shall be admissible into evidence
23 in any civil action except for review of a licensing or other
24 disciplinary action under this Act.
25 In enforcing this Section, the Medical Disciplinary
26 Board, upon a showing of a possible violation, may compel any
27 individual licensed to practice under this Act, or who has
28 applied for licensure or a permit pursuant to this Act, to
29 submit to a mental or physical examination, or both, as
30 required by and at the expense of the Department. The
31 examining physician or physicians shall be those specifically
32 designated by the Disciplinary Board. The Medical
33 Disciplinary Board or the Department may order the examining
34 physician to present testimony concerning this mental or
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1 physical examination of the licensee or applicant. No
2 information shall be excluded by reason of any common law or
3 statutory privilege relating to communication between the
4 licensee or applicant and the examining physician. The
5 individual to be examined may have, at his or her own
6 expense, another physician of his or her choice present
7 during all aspects of the examination. Failure of any
8 individual to submit to mental or physical examination, when
9 directed, shall be grounds for suspension of his or her
10 license until such time as the individual submits to the
11 examination if the Disciplinary Board finds, after notice and
12 hearing, that the refusal to submit to the examination was
13 without reasonable cause. If the Disciplinary Board finds a
14 physician unable to practice because of the reasons set forth
15 in this Section, the Disciplinary Board shall require such
16 physician to submit to care, counseling, or treatment by
17 physicians approved or designated by the Disciplinary Board,
18 as a condition for continued, reinstated, or renewed
19 licensure to practice. Any physician, whose license was
20 granted pursuant to Sections 9, 17, or 19 of this Act, or,
21 continued, reinstated, renewed, disciplined or supervised,
22 subject to such terms, conditions or restrictions who shall
23 fail to comply with such terms, conditions or restrictions,
24 or to complete a required program of care, counseling, or
25 treatment, as determined by the Chief Medical Coordinator or
26 Deputy Medical Coordinators, shall be referred to the
27 Director for a determination as to whether the licensee shall
28 have their license suspended immediately, pending a hearing
29 by the Disciplinary Board. In instances in which the
30 Director immediately suspends a license under this Section, a
31 hearing upon such person's license must be convened by the
32 Disciplinary Board within 15 days after such suspension and
33 completed without appreciable delay. The Disciplinary Board
34 shall have the authority to review the subject physician's
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1 record of treatment and counseling regarding the impairment,
2 to the extent permitted by applicable federal statutes and
3 regulations safeguarding the confidentiality of medical
4 records.
5 An individual licensed under this Act, affected under
6 this Section, shall be afforded an opportunity to demonstrate
7 to the Disciplinary Board that they can resume practice in
8 compliance with acceptable and prevailing standards under the
9 provisions of their license.
10 The Department may promulgate rules for the imposition of
11 fines in disciplinary cases, not to exceed $5,000 for each
12 violation of this Act. Fines may be imposed in conjunction
13 with other forms of disciplinary action, but shall not be the
14 exclusive disposition of any disciplinary action arising out
15 of conduct resulting in death or injury to a patient. Any
16 funds collected from such fines shall be deposited in the
17 Medical Disciplinary Fund.
18 (B) The Department shall revoke the license or visiting
19 permit of any person issued under this Act to practice
20 medicine or to treat human ailments without the use of drugs
21 and without operative surgery, who has been convicted a
22 second time of committing any felony under the Illinois
23 Controlled Substances Act, or who has been convicted a second
24 time of committing a Class 1 felony under Sections 8A-3 and
25 8A-6 of the Illinois Public Aid Code. A person whose license
26 or visiting permit is revoked under this subsection B of
27 Section 22 of this Act shall be prohibited from practicing
28 medicine or treating human ailments without the use of drugs
29 and without operative surgery.
30 (C) The Medical Disciplinary Board shall recommend to
31 the Department civil penalties and any other appropriate
32 discipline in disciplinary cases when the Board finds that a
33 physician willfully performed an abortion with actual
34 knowledge that the person upon whom the abortion has been
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1 performed is a minor or an incompetent person without notice
2 as required under the Parental Notice of Abortion Act of
3 1995. Upon the Board's recommendation, the Department shall
4 impose, for the first violation, a civil penalty of $1,000
5 and for a second or subsequent violation, a civil penalty of
6 $5,000.
7 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
8 89-626, eff. 8-9-96; 89-702, eff. 7-1-97.)
9 (225 ILCS 60/54.5 new)
10 Sec. 54.5. Physician delegation of authority.
11 (a) Physicians licensed to practice medicine in all its
12 branches may delegate care and treatment responsibilities to
13 a physician assistant under guidelines in accordance with the
14 requirements of the Physician Assistant Practice Act of
15 1987. A physician licensed to practice medicine in all its
16 branches may enter into supervising physician agreements with
17 no more than 2 physician assistants.
18 (b) A physician licensed to practice medicine in all its
19 branches in active clinical practice may collaborate with an
20 advanced practice nurse in accordance with the requirements
21 of Title 15 of the Nursing and Advanced Practice Nursing Act.
22 Collaboration is for the purpose of providing medical
23 direction in a team relationship, and no employment
24 relationship is required. A written collaborative agreement
25 shall conform to the requirements of Sections 15-15 and 15-20
26 of the Nursing and Advanced Practice Nursing Act. The
27 agreement shall be for services the collaborating physician
28 generally provides to his or her patients in the normal
29 course of clinical medical practice. Physician medical
30 direction shall be adequate with respect to collaboration
31 with certified nurse practitioners, certified nurse midwives,
32 and clinical nurse specialists if a collaborating physician:
33 (1) participates in the joint formulation and joint
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1 approval of orders or guidelines with the advanced
2 practice nurse and periodically reviews such orders and
3 the services provided patients under such orders in
4 accordance with accepted standards of medical practice
5 and advanced practice nursing practice;
6 (2) is on site at least once a month to provide
7 medical direction and consultation; and
8 (3) is available through telecommunications for
9 consultation on medical problems, complications, or
10 emergencies or patient referral.
11 (c) The supervising physician shall have access to the
12 medical records of all patients attended by a physician
13 assistant. The collaborating physician shall have access to
14 the medical records of all patients attended to by an
15 advanced practice nurse.
16 (d) Nothing in this Act shall be construed to limit the
17 delegation of tasks or duties by a physician licensed to
18 practice medicine in all its branches to a licensed practical
19 nurse, a registered professional nurse, or other personnel.
20 (e) A physician shall not be liable for the acts or
21 omissions of a physician assistant or advanced practice nurse
22 solely on the basis of having signed a supervision agreement
23 or guidelines or a collaborative agreement, an order, a
24 standing medical order, a standing delegation order, or other
25 order or guideline authorizing a physician assistant or
26 advanced practice nurse to perform acts, unless the physician
27 has reason to believe the physician assistant or advanced
28 practice nurse lacked the competency to perform the act or
29 acts.
30 Section 15. The Illinois Nursing Act of 1987 is amended
31 by renumbering and changing Sections 1, 2, 3, 4, 4.1, 4.2,
32 4.5, 5, 5.1, 6, 7, 12, 14, 16, 17, 18, 21, 22, 23, 24, 26,
33 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42,
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1 43, 44, 45, 46, 47, 48, and 49 and adding Sections 10-10,
2 10-15, 10-40, 10-45, 10-50, 15-5, 15-10, 15-15, 15-20, 15-30,
3 15-35, 15-40, 15-45, 15-50, 15-55, and 20-2 and new Title
4 headings as follows:
5 (225 ILCS 65/Title 5 heading new)
6 TITLE 5. GENERAL PROVISIONS
7 (225 ILCS 65/5-1, formerly 65/1)
8 Sec. 5-1. 1. This Article may be cited as the Illinois
9 Nursing and Advanced Practice Nursing Act, and throughout
10 this Article, references to this Act shall mean this Article
11 of 1987.
12 (Source: P.A. 85-981; 86-1475.)
13 (225 ILCS 65/5-5, formerly 65/2)
14 Sec. 5-5. 2. Legislative purpose. The practice of
15 professional and practical nursing in the State of Illinois
16 is hereby declared to affect the public health, safety, and
17 welfare and to be subject to regulation and control in the
18 public interest. It is further declared to be a matter of
19 public interest and concern that the practice of nursing, as
20 defined in this Act, merit and receive the confidence of the
21 public and that only qualified persons be authorized to so
22 practice in the State of Illinois. This Act shall be
23 liberally construed to best carry out these subjects and
24 purposes.
25 (Source: P.A. 85-981.)
26 (225 ILCS 65/5-10, formerly 65/3)
27 Sec. 5-10. 3. Definitions. Each of the following terms,
28 when used in this Act, shall have the meaning ascribed to it
29 in this Section, except where the context clearly indicates
30 otherwise:
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1 (a) "Department" means the Department of Professional
2 Regulation.
3 (b) "Director" means the Director of Professional
4 Regulation.
5 (c) "Board" means the Board of Nursing appointed by the
6 Director.
7 (d) "Academic year" means the customary annual schedule
8 of courses at a college, university, or approved school,
9 customarily regarded as the school year as distinguished from
10 the calendar year.
11 (e) "Approved program of professional nursing education"
12 and "approved program of practical nursing education" are
13 programs of professional or practical nursing, respectively,
14 approved by the Department under the provisions of this Act.
15 (f) "Nursing Act Coordinator" means a registered
16 professional nurse appointed by the Director to carry out the
17 administrative policies of the Department.
18 (g) "Assistant Nursing Act Coordinator" means a
19 registered professional nurse appointed by the Director to
20 assist in carrying out the administrative policies of the
21 Department.
22 (h) "Registered" is the equivalent of "licensed".
23 (i) "Practical nurse" or "licensed practical nurse"
24 means a person who is licensed as a practical nurse under
25 this Act and practices practical nursing as defined in
26 paragraph (j) of this Section. Only a practical nurse
27 licensed under this Act is entitled to use the title
28 "licensed practical nurse" and the abbreviation "L.P.N.".
29 (j) "Practical nursing" means the performance of nursing
30 acts requiring the basic nursing knowledge, judgement, and
31 skill acquired by means of completion of an approved
32 practical nursing education program. Practical nursing
33 includes assisting in the nursing process as delegated by and
34 under the direction of a registered professional nurse. The
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1 practical nurse may work under the direction of a licensed
2 physician, dentist, podiatrist, or other health care
3 professional determined by the Department.
4 (k) "Registered Nurse" or "Registered Professional
5 Nurse" means a person who is licensed as a professional nurse
6 under this Act and practices nursing as defined in paragraph
7 (l) of this Section. Only a registered nurse licensed under
8 this Act is entitled to use the titles "registered nurse" and
9 "registered professional nurse" and the abbreviation, "R.N.".
10 (l) "Registered professional nursing practice" includes
11 all nursing specialities and means the performance of any
12 nursing act based upon professional knowledge, judgment, and
13 skills acquired by means of completion of an approved
14 registered professional nursing education program. A
15 registered professional nurse provides nursing care
16 emphasizing the importance of the whole and the
17 interdependence of its parts through the nursing process to
18 individuals, groups, families, or communities, that includes
19 but is not limited to: (1) the assessment of healthcare
20 needs, nursing diagnosis, planning, implementation, and
21 nursing evaluation; (2) the promotion, maintenance, and
22 restoration of health; (3) counseling, patient education,
23 health education, and patient advocacy; (4) the
24 administration of medications and treatments as prescribed by
25 a physician licensed to practice medicine in all of its
26 branches, a licensed dentist, a licensed podiatrist, or a
27 licensed optometrist or as prescribed by a physician
28 assistant in accordance with written guidelines required
29 under the Physician Assistant Practice Act of 1987 or by an
30 advanced practice nurse in accordance with a written
31 collaborative agreement required under the Nursing and
32 Advanced Practice Nursing Act; (5) the coordination and
33 management of the nursing plan of care; (6) the delegation to
34 and supervision of individuals who assist the registered
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1 professional nurse implementing the plan of care; and (7)
2 teaching and supervision of nursing students. in The
3 foregoing shall not be deemed to include those acts of
4 medical diagnosis or prescription of therapeutic or
5 corrective measures that are properly performed only by
6 physicians licensed in the State of Illinois.
7 (m) "Current nursing practice update course" means a
8 planned nursing education curriculum approved by the
9 Department consisting of activities that have educational
10 objectives, instructional methods, content or subject matter,
11 clinical practice, and evaluation methods, related to basic
12 review and updating content and specifically planned for
13 those nurses previously licensed in the United States or its
14 territories and preparing for reentry into nursing practice.
15 (n) "Professional assistance program for nurses" means a
16 professional assistance program that meets criteria
17 established by the Board of Committee on Nursing and approved
18 by the Director, which provides a non-disciplinary treatment
19 approach for nurses licensed under this Act whose ability to
20 practice is compromised by alcohol or chemical substance
21 addiction.
22 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
23 revised 8-12-97.)
24 (225 ILCS 65/5-15, formerly 65/4)
25 Sec. 5-15. 4. Policy; application of Act. For the
26 protection of life and the promotion of health, and the
27 prevention of illness and communicable diseases, any person
28 practicing or offering to practice professional and practical
29 nursing in Illinois shall submit evidence that he or she is
30 qualified to practice, and shall be licensed as provided
31 under this Act. No person shall practice or offer to
32 practice professional or practical nursing in Illinois or use
33 any title, sign, card or device to indicate that such a
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1 person is practicing professional or practical nursing unless
2 such person has been licensed under the provisions of this
3 Act.
4 This Act does not prohibit the following:
5 (a) The practice of nursing in Federal employment in the
6 discharge of the employee's duties by a person who is
7 employed by the United States government or any bureau,
8 division or agency thereof and is a legally qualified and
9 licensed nurse of another state or territory and not in
10 conflict with Sections 10-5, 10-30, and 10-45 6, 12, and 25
11 of this Act.;
12 (b) Nursing that is included in their program of study
13 by students enrolled in programs of nursing or in current
14 nurse practice update courses approved by the Department.;
15 (c) The furnishing of nursing assistance in an
16 emergency.;
17 (d) The practice of nursing by a nurse who holds an
18 active license in another state when providing services to
19 patients in Illinois during a bonafide emergency or in
20 immediate preparation for or during interstate transit.;
21 (e) The incidental care of the sick by members of the
22 family, domestic servants or housekeepers, or care of the
23 sick where treatment is by prayer or spiritual means.;
24 (f) Persons from being employed as nursing aides,
25 attendants, orderlies, and other auxiliary workers in private
26 homes, long term care facilities, nurseries, hospitals or
27 other institutions.;
28 (g) The practice of practical nursing by one who has
29 applied in writing to the Department in form and substance
30 satisfactory to the Department, for a license as a licensed
31 practical nurse and who has complied with all the provisions
32 under Section 10-30 12, except the passing of an examination
33 to be eligible to receive such license, until: the decision
34 of the Department that the applicant has failed to pass the
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1 next available examination authorized by the Department, or
2 has failed, without an approved excuse, to take the next
3 available examination authorized by the Department, or until
4 the withdrawal of the application, but not to exceed 3
5 months. No applicant for licensure practicing under the
6 provisions of this paragraph shall practice practical nursing
7 except under the direct supervision of a registered
8 professional nurse licensed under this Act or a licensed
9 physician, dentist or podiatrist. In no instance shall any
10 such applicant practice or be employed in any supervisory
11 capacity.;
12 (h) The practice of practical nursing by one who is a
13 licensed practical nurse under the laws of another U.S.
14 jurisdiction and has applied in writing to the Department, in
15 form and substance satisfactory to the Department, for a
16 license as a licensed practical nurse and who is qualified to
17 receive such license under Section 10-30 12, until: (1) the
18 expiration of 6 months after the filing of such written
19 application, or (2) the withdrawal of such application, or
20 (3) the denial of such application by the Department.;
21 (i) The practice of professional nursing by one who has
22 applied in writing to the Department in form and substance
23 satisfactory to the Department for a license as a registered
24 professional nurse and has complied with all the provisions
25 under Section 10-30 12 except the passing of an examination
26 to be eligible to receive such license, until: the decision
27 of the Department that the applicant has failed to pass the
28 next available examination authorized by the Department, or
29 has failed, without an approved excuse, to take the next
30 available examination authorized by the Department or until
31 the withdrawal of the application, but not to exceed 3
32 months. No applicant for licensure practicing under the
33 provisions of this paragraph shall practice professional
34 nursing except under the direct supervision of a registered
-22- LRB9011272NTsbam05
1 professional nurse licensed under this Act. In no instance
2 shall any such applicant practice or be employed in any
3 supervisory capacity.;
4 (j) The practice of professional nursing by one who is a
5 registered professional nurse under the laws of another
6 state, territory of the United States or country and 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 who is qualified to receive such
10 license under Section 10-30 12, until: (1) the expiration
11 of 6 months after the filing of such written application, or
12 (2) the withdrawal of such application, or (3) the denial of
13 such application by the Department.;
14 (k) The practice of professional nursing that is
15 included in a program of study by one who is a registered
16 professional nurse under the laws of another state or
17 territory of the United States or foreign country, territory
18 or province and who is enrolled in a graduate nursing
19 education program or a program for the completion of a
20 baccalaureate nursing degree in this State, which program
21 includes clinical supervision by faculty as determined by the
22 educational institution offering the program and the health
23 care organization where the practice of nursing occurs. The
24 educational institution will file with the Department each
25 academic term a list of the names and origin of license of
26 all professional nurses practicing nursing as part of their
27 programs under this provision.; or
28 (l) Any person licensed in this State under any other
29 Act from engaging in the practice for which she or he is
30 licensed.
31 An applicant for license practicing under the exceptions
32 set forth in subparagraphs (g), (h), (i), and (j) of this
33 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
34 Pend. respectively and no other.
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1 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
2 revised 8-12-97.)
3 (225 ILCS 65/5-17, formerly 65/4.1)
4 Sec. 5-17. 4.1. Task Force. The Governor shall appoint
5 a task force to be convened by the Illinois Department of
6 Professional Regulation to study the roles, responsibilities,
7 training, competency, and supervision of persons who are
8 employed to assist a nurse, including nursing aides,
9 attendants, orderlies, and other auxiliary workers in private
10 homes, long term care facilities, nurseries, hospitals, and
11 other institutions. The purpose of the task force shall be
12 to determine if there is a need for regulation of such
13 persons by the Department.
14 The task force shall be comprised of 11 members. The
15 task force shall include one representative from the
16 Department of Professional Regulation, one representative
17 from the Department of Public Health, and 9 persons
18 representing various nursing and health care provider
19 organizations in Illinois, including, but not limited to, a
20 representative from the Illinois Nurses Association, Illinois
21 Organization of Nurse Leaders, Illinois Hospital and Health
22 Systems Association, Illinois Health Care Association,
23 Illinois Coalition of Nursing Organizations, Life Services
24 Network, Licensed Practical Nursing Association of Illinois,
25 Certified Nurse Aide Educators, and Illinois Homecare
26 Council.
27 The task force shall report its findings and
28 recommendations to the Governor by January 1, 1999.
29 (Source: P.A. 90-248, eff. 1-1-98.)
30 (225 ILCS 65/5-22, formerly 65/4.2)
31 Sec. 5-22. 4.2. Social Security Number on license
32 application. In addition to any other information required
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1 to be contained in the application, every application for an
2 original, renewal, or restored license under this Act shall
3 include the applicant's Social Security Number.
4 (Source: P.A. 90-144, eff. 7-23-97.)
5 (225 ILCS 65/5-20, formerly 65/4.5)
6 Sec. 5-20. 4.5. Unlicensed practice; violation; civil
7 penalty.
8 (a) Any person who practices, offers to practice,
9 attempts to practice, or holds oneself out to practice
10 nursing without being licensed under this Act shall, in
11 addition to any other penalty provided by law, pay a civil
12 penalty to the Department in an amount not to exceed $5,000
13 for each offense as determined by the Department. The civil
14 penalty shall be assessed by the Department after a hearing
15 is held in accordance with the provisions set forth in this
16 Act regarding the provision of a hearing for the discipline
17 of a licensee.
18 (b) The Department has the authority and power to
19 investigate any and all unlicensed activity.
20 (c) The civil penalty shall be paid within 60 days after
21 the effective date of the order imposing the civil penalty.
22 The order shall constitute a judgment and may be filed and
23 execution had thereon in the same manner as any judgment from
24 any court of record.
25 (Source: P.A. 89-474, eff. 6-18-96.)
26 (225 ILCS 65/5-25, formerly 65/5)
27 Sec. 5-25. 5. Emergency care; civil liability.
28 Exemption from civil liability for emergency care is as
29 provided in the Good Samaritan Act.
30 (Source: P.A. 89-607, eff. 1-1-97.)
31 (225 ILCS 65/5-30, formerly 65/5.1)
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1 Sec. 5-30. 5.1. Services rendered without compensation;
2 civil liability. Exemption from civil liability for services
3 rendered without compensation is as provided in the Good
4 Samaritan Act.
5 (Source: P.A. 89-607, eff. 1-1-97.)
6 (225 ILCS 65/Title 10 heading new)
7 TITLE 10. REGISTERED NURSES
8 AND LICENSED PRACTICAL NURSES
9 (225 ILCS 65/10-5, formerly 65/6)
10 Sec. 10-5. Prohibited acts. 6. No person shall:
11 (a) Practice professional nursing without a valid
12 license as a registered professional nurse except as provided
13 in paragraphs (i) and (j) of Section 5-15 4 of this Act;
14 (b) Practice practical nursing without a valid license
15 as a licensed practical nurse; or practice practical nursing
16 other than under the direction of a licensed physician,
17 licensed dentist, or registered professional nurse; except as
18 provided in paragraphs (g), (h), and (j) of Section 5-15 4 of
19 this Act;
20 (c) Practice nursing under cover of any diploma,
21 license, or record illegally or fraudulently obtained or
22 signed or issued unlawfully or under fraudulent
23 representation;
24 (d) Practice nursing during the time her or his license
25 is suspended, revoked, expired or on inactive status;
26 (e) Use any words, abbreviations, figures, letters,
27 title, sign, card, or device tending to imply that she or he
28 is a registered professional nurse, including the titles or
29 initials, "Registered Nurse," "Professional Nurse,"
30 "Registered Professional Nurse," "Certified Nurse," "Trained
31 Nurse," "Graduate Nurse," "P.N.," or "R.N.," or "R.P.N." or
32 similar titles or initials with intention of indicating
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1 practice without a valid license as a registered professional
2 nurse;
3 (f) Use any words, abbreviations figures, letters,
4 title, sign, card, or device tending to imply that she or he
5 is a licensed practical nurse including the titles or
6 initials "Practical Nurse," "Licensed Practical Nurse,"
7 "P.N.," or "L.P.N.," or similar titles or initials with
8 intention of indicated practice as a licensed practical nurse
9 without a valid license as a licensed practical nurse under
10 this Act;
11 (g) Obtain or furnish a license by or for money or any
12 other thing of value other than the fees required by Section
13 20-35 23, or by any fraudulent representation or act;
14 (h) Make any wilfully false oath or affirmation required
15 by this Act;
16 (i) Conduct a nursing education program preparing
17 persons for licensure that has not been approved by the
18 Department;
19 (j) Represent that any school or course is approved or
20 accredited as a school or course for the education of
21 registered professional nurses or licensed practical nurses
22 unless such school or course is approved by the Department
23 under the provisions of this Act;
24 (k) Attempt or offer to do any of the acts enumerated in
25 this Section, or knowingly aid, abet, assist in the doing of
26 any such acts or in the attempt or offer to do any of such
27 acts;
28 (l) Seek employment as a registered professional nurse
29 under the terms of paragraphs (i) and (j) of Section 5-15 4
30 of this Act without possessing a written authorization which
31 has been issued by the Department or designated testing
32 service and which evidences the filing of the written
33 application referred to in paragraphs paragraph (i) and (j)
34 of Section 5-15 4 of this Act;
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1 (m) Seek employment as a licensed practical nurse under
2 the terms of paragraphs (g) and (h) of Section 5-15 4 of this
3 Act without possessing a written authorization which has been
4 issued by the Department or designated testing service and
5 which evidences the filing of the written application
6 referred to in paragraphs paragraph (g) and (h) of Section
7 5-15 4 of this Act;
8 (n) Employ or utilize persons not licensed under this
9 Act to practice professional nursing or practical nursing;
10 and
11 (o) Otherwise intentionally violate any provision of
12 this Act.
13 Any person, including a firm, association or corporation
14 who violates any provision of this Section shall be guilty of
15 a Class A misdemeanor.
16 (Source: P.A. 85-981.)
17 (225 ILCS 65/10-10 new)
18 Sec. 10-10. Department powers and duties.
19 (a) The Department shall exercise the powers and duties
20 prescribed by the Civil Administrative Code of Illinois for
21 administration of licensing acts and shall exercise other
22 powers and duties necessary for effectuating the purpose of
23 this Act. None of the functions, powers, or duties of the
24 Department with respect to licensure and examination shall be
25 exercised by the Department except upon review by the Board.
26 The Department shall adopt rules to implement, interpret, or
27 make specific the provisions and purposes of this Act;
28 however no such rules shall be adopted by the Department
29 except upon review by the Board.
30 (b) The Department shall:
31 (1) prepare and maintain a list of approved
32 programs of professional nursing education and programs
33 of practical nursing education in this State, whose
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1 graduates, if they have the other necessary
2 qualifications provided in this Act, shall be eligible to
3 apply for a license to practice nursing in this State;
4 (2) promulgate rules defining what constitutes an
5 approved program of professional nursing education and
6 what constitutes an approved program of practical nursing
7 education; and
8 (3) adopt rules for examination of candidates for
9 licenses and for issuance of licenses authorizing
10 candidates upon passing an examination to practice under
11 this Act.
12 (225 ILCS 65/10-15 new)
13 Sec. 10-15. Nursing Act Coordinator. The Department
14 shall obtain, pursuant to the Personnel Code, a Nursing Act
15 Coordinator and assistants. The Nursing Coordinator and
16 assistants shall be professional nurses licensed in this
17 State and graduated from approved schools of nursing and each
18 shall have been actively engaged in nursing education not
19 less than one year prior to appointment. The Nursing Act
20 Coordinator shall hold at least a master's degree in nursing
21 from an approved college or university and shall have at
22 least 5 years experience since graduation in progressively
23 responsible positions in nursing education. Each assistant
24 shall hold at least a master's degree in nursing from an
25 approved college or university and shall have at least 3
26 years experience since graduation in progressively
27 responsible positions in nursing education. The Nursing Act
28 Coordinator and assistants shall perform such administrative
29 functions as may be delegated to them by the Director.
30 (225 ILCS 65/10-25, formerly 65/7)
31 Sec. 10-25. 7. Board.
32 (a) The Director shall appoint the Board of Nursing
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1 which shall be composed of 9 registered professional nurses,
2 2 licensed practical nurses and one public member who shall
3 also be a voting member and who is not a licensed health care
4 provider. Two registered nurses shall hold at least a
5 master's degree in nursing and be educators in professional
6 nursing programs, one representing baccalaureate nursing
7 education, one representing associate degree nursing
8 education; one registered nurse shall hold at least a
9 bachelor's degree with a major in nursing and be an educator
10 in a licensed practical nursing program; one registered nurse
11 shall hold a master's degree in nursing and shall represent
12 nursing service administration; 2 registered nurses shall
13 represent clinical nursing practice, one of whom shall have
14 at least a master's degree in nursing; and 2 registered
15 nurses shall represent advanced specialty practice. Each of
16 the 11 nurses shall have had a minimum of 5 years experience
17 in nursing, 3 of which shall be in the area they represent on
18 the Board and be actively engaged in the area of nursing they
19 represent at the time of appointment and during their tenure
20 on the Board. Members shall be appointed for a term of 3
21 years. No member shall be eligible for appointment to more
22 than 2 consecutive terms and any appointment to fill a
23 vacancy shall be for the unexpired portion of the term. In
24 making Board appointments, the Director shall give
25 consideration to recommendations submitted by nursing
26 organizations. Consideration shall be given to equal
27 geographic representation. The Board shall receive actual
28 and necessary expenses incurred in the performance of their
29 duties.
30 In making the initial appointments, the Director shall
31 appoint all new members for terms of 2, 3, and 4 years and
32 such terms shall be staggered as follows: 3 shall be
33 appointed for terms of 2 years; 3 shall be appointed for
34 terms of 3 years; and 3 shall be appointed for terms of 4
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1 years.
2 The Director may remove any member of the Board for
3 misconduct, incapacity, or neglect of duty. The Director
4 shall reduce to writing any causes for removal.
5 The Board shall meet annually to elect a chairperson and
6 vice chairperson. The Board may hold such other meetings
7 during the year as may be necessary to conduct its business.
8 Six voting members of the Board shall constitute a quorum at
9 any meeting. Any action taken by the Board must be on the
10 affirmative vote of 6 members. Voting by proxy shall not be
11 permitted.
12 The Board shall submit an annual report to the Director.
13 The members of the Board shall be immune from suit in any
14 action based upon any disciplinary proceedings or other acts
15 performed in good faith as members of the Board.
16 (b) The Board is authorized to:
17 (1) recommend the adoption and, from time to time,
18 the revision of such rules that may be necessary to carry
19 out the provisions of this Act;
20 (2) conduct hearings and disciplinary conferences
21 upon charges calling for discipline of a licensee as
22 provided in Section 10-45 25;
23 (3) report to the Department, upon completion of a
24 hearing, the disciplinary actions recommended to be taken
25 against persons violating this Act;
26 (4) recommend the approval, denial of approval,
27 withdrawal of approval, or discipline of nursing
28 education programs;
29 (5) participate in a national organization of state
30 boards of nursing; and
31 (6) recommend a list of the registered nurses to
32 serve as Nursing Act Coordinator and Assistant Nursing
33 Act Coordinator, respectively.
34 (Source: P.A. 90-61, eff. 12-30-97.)
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1 (225 ILCS 65/10-30, formerly 65/12)
2 Sec. 10-30. 12. Qualifications for licensure.
3 (a) Each applicant who successfully meets the
4 requirements of this Section shall be entitled to licensure
5 as a Registered Nurse or Licensed Practical Nurse, whichever
6 is applicable.
7 (b) An applicant for licensure by examination to
8 practice as a registered nurse or licensed practical nurse
9 shall:
10 (1) submit a completed written application, on
11 forms provided by the Department and fees as established
12 by the Department;
13 (2) for registered nurse licensure, have completed
14 an approved professional nursing education program of not
15 less than 2 academic years and have graduated from the
16 program; for licensed practical nurse licensure, have
17 completed an approved practical nursing education program
18 of not less than one academic year and have graduated
19 from the program;
20 (3) have not violated the provisions of Section
21 10-45 25 of this Act. The Department may take into
22 consideration any felony conviction of the applicant, but
23 such a conviction shall not operate as an absolute bar to
24 licensure;
25 (4) meet all other requirements as established by
26 rule;
27 (5) pay, either to the Department or its designated
28 testing service, a fee covering the cost of providing the
29 examination. Failure to appear for the examination on the
30 scheduled date at the time and place specified after the
31 applicant's application for examination has been received
32 and acknowledged by the Department or the designated
33 testing service shall result in the forfeiture of the
34 examination fee.
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1 If an applicant neglects, fails, or refuses to take an
2 examination or fails to pass an examination for a license
3 under this Act within 3 years after filing the application,
4 the application shall be denied. However, the applicant may
5 make a new application accompanied by the required fee and
6 provide evidence of meeting the requirements in force at the
7 time of the new application.
8 An applicant shall have one year from the date of
9 notification of successful completion of the examination to
10 apply to the Department for a license. If an applicant fails
11 to apply within one year, the applicant shall be required to
12 again take and pass the examination unless licensed in
13 another jurisdiction of the United States within 2 years of
14 passing the examination.
15 (c) An applicant for licensure who is a registered
16 professional nurse or a licensed practical nurse licensed by
17 examination under the laws of another state or territory of
18 the United States shall:
19 (1) submit a completed written application, on
20 forms supplied by the Department, and fees as established
21 by the Department;
22 (2) for registered nurse licensure, have completed
23 an approved professional nursing education program of not
24 less than 2 academic years and have graduated from the
25 program; for licensed practical nurse licensure, have
26 completed an approved practical nursing education program
27 of not less than one academic year and have graduated
28 from the program;
29 (3) submit verification of licensure status
30 directly from the United States jurisdiction of
31 licensure;
32 (4) have passed the examination authorized by the
33 Department;
34 (5) meet all other requirements as established by
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1 rule.
2 (d) All applicants for licensure pursuant to this
3 Section who are graduates of nursing educational programs in
4 a country other than the United States or its territories
5 must submit to the Department certification of successful
6 completion of the Commission of Graduates of Foreign Nursing
7 Schools (CGFNS) examination. An applicant, who is unable to
8 provide appropriate documentation to satisfy CGFNS of her or
9 his educational qualifications for the CGFNS examination,
10 shall be required to pass an examination to test competency
11 in the English language which shall be prescribed by the
12 Department, if the applicant is determined by the Board to be
13 educationally prepared in nursing. The Board shall make
14 appropriate inquiry into the reasons for any adverse
15 determination by CGFNS before making its own decision.
16 An applicant licensed in another state or territory who
17 is applying for licensure and has received her or his
18 education in a country other than the United States or its
19 territories shall be exempt from the completion of the
20 Commission of Graduates of Foreign Nursing Schools (CGFNS)
21 examination if the applicant meets all of the following
22 requirements:
23 (1) successful passage of the licensure examination
24 authorized by the Department;
25 (2) holds an active, unencumbered license in
26 another state; and
27 (3) has been actively practicing for a minimum of 2
28 years in another state.
29 (e) No applicant shall be issued a license as a
30 registered nurse or practical nurse under this Section unless
31 he or she has passed the examination authorized by the
32 Department within 3 years of completion and graduation from
33 an approved nursing education program, unless such applicant
34 submits proof of successful completion of a
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1 Department-authorized remedial nursing education program or
2 recompletion of an approved registered nursing program or
3 licensed practical nursing program, as appropriate.
4 (f) Pending the issuance of a license under subsection
5 (b) of this Section, the Department may grant an applicant a
6 temporary license to practice nursing as a registered nurse
7 or as a licensed practical nurse if the Department is
8 satisfied that the applicant holds an active, unencumbered
9 license in good standing in another jurisdiction. If the
10 applicant holds more than one current active license, or one
11 or more active temporary licenses from other jurisdictions,
12 the Department shall not issue a temporary license until it
13 is satisfied that each current active license held by the
14 applicant is unencumbered. The temporary license, which
15 shall be issued no later than 14 working days following
16 receipt by the Department of an application for the temporary
17 license, shall be granted upon the submission of the
18 following to the Department:
19 (1) a signed and completed application for
20 licensure under subsection (a) of this Section as a
21 registered nurse or a licensed practical nurse;
22 (2) proof of a current, active license in at least
23 one other jurisdiction and proof that each current active
24 license or temporary license held by the applicant is
25 unencumbered;
26 (3) a signed and completed application for a
27 temporary license; and
28 (4) the required permit fee.
29 (g) The Department may refuse to issue an applicant a
30 temporary license authorized pursuant to this Section if,
31 within 14 working days following its receipt of an
32 application for a temporary license, the Department
33 determines that:
34 (1) the applicant has been convicted of a crime
-35- LRB9011272NTsbam05
1 under the laws of a jurisdiction of the United States:
2 (i) which is a felony; or (ii) which is a misdemeanor
3 directly related to the practice of the profession,
4 within the last 5 years;
5 (2) within the last 5 years the applicant has had a
6 license or permit related to the practice of nursing
7 revoked, suspended, or placed on probation by another
8 jurisdiction, if at least one of the grounds for
9 revoking, suspending, or placing on probation is the same
10 or substantially equivalent to grounds in Illinois; or
11 (3) it intends to deny licensure by endorsement.
12 For purposes of this Section, an "unencumbered license"
13 means a license against which no disciplinary action has been
14 taken or is pending and for which all fees and charges are
15 paid and current.
16 (h) The Department may revoke a temporary license issued
17 pursuant to this Section if:
18 (1) it determines that the applicant has been
19 convicted of a crime under the law of any jurisdiction of
20 the United States that is (i) a felony or (ii) a
21 misdemeanor directly related to the practice of the
22 profession, within the last 5 years;
23 (2) it determines that within the last 5 years the
24 applicant has had a license or permit related to the
25 practice of nursing revoked, suspended, or placed on
26 probation by another jurisdiction, if at least one of the
27 grounds for revoking, suspending, or placing on probation
28 is the same or substantially equivalent to grounds in
29 Illinois; or
30 (3) it determines that it intends to deny licensure
31 by endorsement.
32 A temporary license or renewed temporary license shall
33 expire (i) upon issuance of an Illinois license or (ii) upon
34 notification that the Department intends to deny licensure by
-36- LRB9011272NTsbam05
1 endorsement. A temporary license shall expire 6 months from
2 the date of issuance. Further renewal may be granted by the
3 Department in hardship cases, as defined by rule. However, a
4 temporary license shall automatically expire upon issuance of
5 the Illinois license or upon notification that the Department
6 intends to deny licensure, whichever occurs first. No
7 extensions shall be granted beyond the 6-month period unless
8 approved by the Director. Notification by the Department
9 under this Section shall be by certified or registered mail.
10 (Source: P.A. 90-61, eff. 12-30-97.)
11 (225 ILCS 65/10-35, formerly 65/14)
12 Sec. 10-35. 14. Concurrent theory and clinical practice
13 education requirements. Except for those applicants who have
14 received advanced graduate degrees in nursing from an
15 approved program with concurrent theory and clinical
16 practice, the educational requirements of Section 10-30 12
17 relating to registered professional nursing and licensed
18 practical nursing shall not be deemed to have been satisfied
19 by the completion of any correspondence course or any program
20 of nursing that does not require coordinated or concurrent
21 theory and clinical practice.
22 (Source: P.A. 90-61, eff. 12-30-97.)
23 (225 ILCS 65/10-40 new)
24 Sec. 10-40. Endorsement. Upon payment of the required
25 fee, an applicant who is a registered professional nurse or a
26 licensed practical nurse educated and licensed under the laws
27 of a foreign country, territory or province shall write and
28 pass an examination conducted by the Department to determine
29 her or his fitness for licensure as a registered professional
30 nurse or a licensed practical nurse:
31 (a) whenever the requirements of such country, territory
32 or province were at the date of license substantially equal
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1 to the requirements then in force in this State; and with
2 respect to practical nursing, if prior to the enactment of
3 this Act, substantially equal to the requirements of this Act
4 at the time of its enactment; or
5 (b) whenever such requirements of another country,
6 territory or province together with educational and
7 professional qualifications, as distinguished from practical
8 experience, of the applicant since obtaining a license as a
9 registered professional nurse or a licensed practical nurse
10 in such country, territory or province are substantially
11 equal to the requirements in force in Illinois at the time of
12 application for licensure as a registered nurse or a licensed
13 practical nurse in Illinois.
14 The examination shall be the same as that required of
15 other applicants for licensure by examination.
16 Applicants have 3 years from the date of application to
17 complete the application process. If the process has not
18 been completed in 3 years, the application shall be denied,
19 the fee forfeited and the applicant must reapply and meet the
20 requirements in effect at the time of reapplication.
21 (225 ILCS 65/10-45 new)
22 Sec. 10-45. Grounds for disciplinary action.
23 (a) The Department may, upon recommendation of the
24 Board, refuse to issue or to renew, or may revoke, suspend,
25 place on probation, reprimand, or take other disciplinary
26 action as the Department may deem appropriate with regard to
27 a license for any one or combination of the causes set forth
28 in subsection (b) below. Fines up to $2,500 may be imposed
29 in conjunction with other forms of disciplinary action for
30 those violations that result in monetary gain for the
31 licensee. Fines shall not be the exclusive disposition of any
32 disciplinary action arising out of conduct resulting in death
33 or injury to a patient. Fines shall not be assessed in
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1 disciplinary actions involving mental or physical illness or
2 impairment. All fines collected under this Section shall be
3 deposited in the Nursing Dedicated and Professional Fund.
4 (b) Grounds for disciplinary action include the
5 following:
6 (1) Material deception in furnishing information to
7 the Department.
8 (2) Material violations of any provision of this
9 Act or violation of the rules of or final administrative
10 action of the Director, after consideration of the
11 recommendation of the Board.
12 (3) Conviction of any crime under the laws of any
13 jurisdiction of the United States: (i) which is a felony;
14 or (ii) which is a misdemeanor, an essential element of
15 which is dishonesty, or (iii) of any crime which is
16 directly related to the practice of the profession.
17 (4) A pattern of practice or other behavior which
18 demonstrates incapacity or incompetency to practice under
19 this Act.
20 (5) Knowingly aiding or assisting another person in
21 violating any provision of this Act or rules.
22 (6) Failing, within 90 days, to provide a response
23 to a request for information in response to a written
24 request made by the Department by certified mail.
25 (7) Engaging in dishonorable, unethical or
26 unprofessional conduct of a character likely to deceive,
27 defraud or harm the public, as defined by rule.
28 (8) Unlawful sale or distribution of any drug,
29 narcotic, or prescription device, or unlawful conversion
30 of any drug, narcotic or prescription device.
31 (9) Habitual or excessive use or addiction to
32 alcohol, narcotics, stimulants, or any other chemical
33 agent or drug which results in a licensee's inability to
34 practice with reasonable judgment, skill or safety.
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1 (10) Discipline by another U.S. jurisdiction or
2 foreign nation, if at least one of the grounds for the
3 discipline is the same or substantially equivalent to
4 those set forth in this Section.
5 (11) A finding that the licensee, after having her
6 or his license placed on probationary status, has
7 violated the terms of probation.
8 (12) Being named as a perpetrator in an indicated
9 report by the Department of Children and Family Services
10 and under the Abused and Neglected Child Reporting Act,
11 and upon proof by clear and convincing evidence that the
12 licensee has caused a child to be an abused child or
13 neglected child as defined in the Abused and Neglected
14 Child Reporting Act.
15 (13) Willful omission to file or record, or
16 willfully impeding the filing or recording or inducing
17 another person to omit to file or record medical reports
18 as required by law or willfully failing to report an
19 instance of suspected child abuse or neglect as required
20 by the Abused and Neglected Child Reporting Act.
21 (14) Gross negligence in the practice of nursing.
22 (15) Holding oneself out to be practicing nursing
23 under any name other than one's own.
24 (16) Fraud, deceit or misrepresentation in applying
25 for or procuring a license under this Act or in
26 connection with applying for renewal of a license under
27 this Act.
28 (17) Allowing another person or organization to use
29 the licensees' license to deceive the public.
30 (18) Willfully making or filing false records or
31 reports in the licensee's practice, including but not
32 limited to false records to support claims against the
33 medical assistance program of the Department of Public
34 Aid under the Illinois Public Aid Code.
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1 (19) Attempting to subvert or cheat on a nurse
2 licensing examination administered under this Act.
3 (20) Immoral conduct in the commission of an act,
4 such as sexual abuse, sexual misconduct, or sexual
5 exploitation, related to the licensee's practice.
6 (21) Willfully or negligently violating the
7 confidentiality between nurse and patient except as
8 required by law.
9 (22) Practicing under a false or assumed name,
10 except as provided by law.
11 (23) The use of any false, fraudulent, or deceptive
12 statement in any document connected with the licensee's
13 practice.
14 (24) Directly or indirectly giving to or receiving
15 from a person, firm, corporation, partnership, or
16 association a fee, commission, rebate, or other form of
17 compensation for professional services not actually or
18 personally rendered.
19 (25) Failure of a licensee to report to the
20 Department any adverse final action taken against such
21 licensee by another licensing jurisdiction (any other
22 jurisdiction of the United States or any foreign state or
23 country), by any peer review body, by any health care
24 institution, by any professional or nursing society or
25 association, by any governmental agency, by any law
26 enforcement agency, or by any court or a nursing
27 liability claim related to acts or conduct similar to
28 acts or conduct that would constitute grounds for action
29 as defined in this Section.
30 (26) Failure of a licensee to report to the
31 Department surrender by the licensee of a license or
32 authorization to practice nursing in another state or
33 jurisdiction, or current surrender by the licensee of
34 membership on any nursing staff or in any nursing or
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1 professional association or society while under
2 disciplinary investigation by any of those authorities or
3 bodies for acts or conduct similar to acts or conduct
4 that would constitute grounds for action as defined by
5 this Section.
6 (27) A violation of the Health Care Worker
7 Self-Referral Act.
8 (28) Physical illness, including but not limited to
9 deterioration through the aging process or loss of motor
10 skill, mental illness, or disability that results in the
11 inability to practice the profession with reasonable
12 judgment, skill, or safety.
13 (c) The determination by a circuit court that a licensee
14 is subject to involuntary admission or judicial admission as
15 provided in the Mental Health and Developmental Disabilities
16 Code, as amended, operates as an automatic suspension. The
17 suspension will end only upon a finding by a court that the
18 patient is no longer subject to involuntary admission or
19 judicial admission and issues an order so finding and
20 discharging the patient; and upon the recommendation of the
21 Board to the Director that the licensee be allowed to resume
22 his or her practice.
23 (d) The Department may refuse to issue or may suspend
24 the license of any person who fails to file a return, or to
25 pay the tax, penalty or interest shown in a filed return, or
26 to pay any final assessment of the tax, penalty, or interest
27 as required by any tax Act administered by the Illinois
28 Department of Revenue, until such time as the requirements of
29 any such tax Act are satisfied.
30 (e) In enforcing this Section, the Department or Board
31 upon a showing of a possible violation may compel an
32 individual licensed to practice under this Act, or who has
33 applied for licensure under this Act, to submit to a mental
34 or physical examination, or both, as required by and at the
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1 expense of the Department. The Department or Board may order
2 the examining physician to present testimony concerning the
3 mental or physical examination of the licensee or applicant.
4 No information shall be excluded by reason of any common law
5 or statutory privilege relating to communications between the
6 licensee or applicant and the examining physician. The
7 examining physicians shall be specifically designated by the
8 Board or Department. The individual to be examined may have,
9 at his or her own expense, another physician of his or her
10 choice present during all aspects of this examination.
11 Failure of an individual to submit to a mental or physical
12 examination, when directed, shall be grounds for suspension
13 of his or her license until the individual submits to the
14 examination if the Department finds, after notice and
15 hearing, that the refusal to submit to the examination was
16 without reasonable cause.
17 If the Department or Board finds an individual unable to
18 practice because of the reasons set forth in this Section,
19 the Department or Board may require that individual to submit
20 to care, counseling, or treatment by physicians approved or
21 designated by the Department or Board, as a condition, term,
22 or restriction for continued, reinstated, or renewed
23 licensure to practice; or, in lieu of care, counseling, or
24 treatment, the Department may file, or the Board may
25 recommend to the Department to file, a complaint to
26 immediately suspend, revoke, or otherwise discipline the
27 license of the individual. An individual whose license was
28 granted, continued, reinstated, renewed, disciplined or
29 supervised subject to such terms, conditions, or
30 restrictions, and who fails to comply with such terms,
31 conditions, or restrictions, shall be referred to the
32 Director for a determination as to whether the individual
33 shall have his or her license suspended immediately, pending
34 a hearing by the Department.
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1 In instances in which the Director immediately suspends a
2 person's license under this Section, a hearing on that
3 person's license must be convened by the Department within 15
4 days after the suspension and completed without appreciable
5 delay. The Department and Board shall have the authority to
6 review the subject individual's record of treatment and
7 counseling regarding the impairment to the extent permitted
8 by applicable federal statutes and regulations safeguarding
9 the confidentiality of medical records.
10 An individual licensed under this Act and affected under
11 this Section shall be afforded an opportunity to demonstrate
12 to the Department or Board that he or she can resume practice
13 in compliance with acceptable and prevailing standards under
14 the provisions of his or her license.
15 (225 ILCS 65/10-50 new)
16 Sec. 10-50. Intoxication and drug abuse.
17 (a) A professional assistance program for nurses shall
18 be established by January 1, 1999.
19 (b) The Director shall appoint a task force to advise in
20 the creation of the assistance program. The task force shall
21 include members of the Department and professional nurses,
22 and shall report its findings and recommendations to the
23 Committee on Nursing.
24 (c) Any registered professional nurse who is an
25 administrator or officer in any hospital, nursing home, other
26 health care agency or facility, or nurse agency and has
27 knowledge of any action or condition which reasonably
28 indicates to her or him that a registered professional nurse
29 or licensed practical nurse employed by or practicing nursing
30 in such hospital, nursing home, other health care agency or
31 facility, or nurse agency is habitually intoxicated or
32 addicted to the use of habit-forming drugs to the extent that
33 such intoxication or addiction adversely affects such nurses'
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1 professional performance, or unlawfully possesses, uses,
2 distributes or converts habit-forming drugs belonging to the
3 hospital, nursing home or other health care agency or
4 facility for such nurses' own use, shall promptly file a
5 written report thereof to the Department; provided however,
6 an administrator or officer need not file the report if the
7 nurse participates in a course of remedial professional
8 counseling or medical treatment for substance abuse, as long
9 as such nurse actively pursues such treatment under
10 monitoring by the administrator or officer or by the
11 hospital, nursing home, health care agency or facility, or
12 nurse agency and the nurse continues to be employed by such
13 hospital, nursing home, health care agency or facility, or
14 nurse agency. The Department shall review all reports
15 received by it in a timely manner. Its initial review shall
16 be completed no later than 60 days after receipt of the
17 report. Within this 60 day period, the Department shall, in
18 writing, make a determination as to whether there are
19 sufficient facts to warrant further investigation or action.
20 Should the Department find insufficient facts to warrant
21 further investigation, or action, the report shall be
22 accepted for filing and the matter shall be deemed closed and
23 so reported.
24 Should the Department find sufficient facts to warrant
25 further investigation, such investigation shall be completed
26 within 60 days of the date of the determination of sufficient
27 facts to warrant further investigation or action. Final
28 action shall be determined no later than 30 days after the
29 completion of the investigation. If there is a finding which
30 verifies habitual intoxication or drug addiction which
31 adversely affects professional performance or the unlawful
32 possession, use, distribution or conversion of habit-forming
33 drugs by the reported nurse, the Department may refuse to
34 issue or renew or may suspend or revoke that nurse's license
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1 as a registered professional nurse or a licensed practical
2 nurse.
3 Any of the aforementioned actions or a determination that
4 there are insufficient facts to warrant further investigation
5 or action shall be considered a final action. The nurse
6 administrator or officer who filed the original report or
7 complaint, and the nurse who is the subject of the report,
8 shall be notified in writing by the Department within 15 days
9 of any final action taken by the Department.
10 Each year on March 1, commencing with the effective date
11 of this Act, the Department shall submit a report to the
12 General Assembly. The report shall include the number of
13 reports made under this Section to the Department during the
14 previous year, the number of reports reviewed and found
15 insufficient to warrant further investigation, the number of
16 reports not completed and the reasons for incompletion. This
17 report shall be made available also to nurses requesting the
18 report.
19 Any person making a report under this Section or in good
20 faith assisting another person in making such a report shall
21 have immunity from any liability, either criminal or civil,
22 that might result by reason of such action. For the purpose
23 of any legal proceeding, criminal or civil, there shall be a
24 rebuttable presumption that any person making a report under
25 his Section or assisting another person in making such report
26 was acting in good faith. All such reports and any
27 information disclosed to or collected by the Department
28 pursuant to this Section shall remain confidential records of
29 the Department and shall not be disclosed nor be subject to
30 any law or regulation of this State relating to freedom of
31 information or public disclosure of records.
32 (225 ILCS 65/Title 15 heading new)
33 TITLE 15. ADVANCED PRACTICE NURSES
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1 (225 ILCS 65/15-5 new)
2 Sec. 15-5. Definitions. As used in this Title:
3 "APN Board" means the Advanced Practice Nursing Board.
4 "Advanced practice nurse" or "APN" means a person who:
5 (1) is licensed as a registered professional nurse under
6 this Act; (2) meets the requirements for licensure as an
7 advanced practice nurse under Section 15-10; (3) has a
8 written collaborative agreement with a collaborating
9 physician in the diagnosis of illness and management of
10 wellness and other conditions as appropriate to the level and
11 area of his or her practice in accordance with Section 15-15;
12 and (4) cares for patients (A) by using advanced diagnostic
13 skills, the results of diagnostic tests and procedures
14 ordered by the advanced practice nurse, a physician
15 assistant, a dentist, a podiatrist, or a physician, and
16 professional judgment to initiate and coordinate the care of
17 patients; (B) by ordering diagnostic tests, prescribing
18 medications and drugs in accordance with Section 15-20, and
19 administering medications and drugs; and (C) by using
20 medical, therapeutic, and corrective measures to treat
21 illness and improve health status. Categories include
22 certified nurse midwife (CNM), certified nurse practitioner
23 (CNP), or certified clinical nurse specialist (CNS).
24 "Collaborating physician" means a physician who works
25 with an advanced practice nurse and provides medical
26 direction as documented in a written collaborative agreement
27 required under Section 15-15.
28 "Licensed hospital" means a hospital licensed under the
29 Hospital Licensing Act or organized under the University of
30 Illinois Hospital Act.
31 "Physician" means a person licensed to practice medicine
32 in all its branches under the Medical Practice Act of 1987.
33 (225 ILCS 65/15-10 new)
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1 Sec. 15-10. Advanced practice nurse; qualifications;
2 roster.
3 (a) A person shall be qualified for licensure as an
4 advanced practice nurse if that person:
5 (1) has applied in writing in form and substance
6 satisfactory to the Department and has not violated a
7 provision of this Act or the rules adopted under this
8 Act. The Department may take into consideration any
9 felony conviction of the applicant but a conviction shall
10 not operate as an absolute bar to licensure;
11 (2) holds a current license to practice as a
12 registered nurse in Illinois;
13 (3) has successfully completed requirements to
14 practice as, and holds a current, national certification
15 as, a nurse midwife, clinical nurse specialist, or nurse
16 practitioner from the appropriate national certifying
17 body as determined by rule of the Department;
18 (4) has paid the required fees as set by rule; and
19 (5) has successfully completed a post-basic
20 advanced practice formal education program in the area of
21 his or her nursing specialty.
22 (b) In addition to meeting the requirements of
23 subsection (a), except item (5) of that subsection, beginning
24 July 1, 2001 or 12 months after the adoption of final rules
25 to implement this Section, whichever is sooner, applicants
26 for initial licensure shall have a graduate degree
27 appropriate for national certification in a clinical advanced
28 practice nursing specialty.
29 (c) The Department shall provide by rule for APN
30 licensure of registered professional nurses who (1) apply for
31 licensure before July 1, 2001 and (2) submit evidence of
32 completion of a program described in item (5) of subsection
33 (a) or in subsection (b) and evidence of practice for at
34 least 10 years as a nurse practitioner.
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1 (d) The Department shall maintain a separate roster of
2 advanced practice nurses licensed under this Title and their
3 licenses shall indicate "Registered Nurse/Advanced Practice
4 Nurse".
5 (225 ILCS 65/15-15 new)
6 Sec. 15-15. Written collaborative agreements.
7 (a) No person shall engage in the practice of advanced
8 practice nursing except when licensed under this Title and
9 pursuant to a written collaborative agreement with a
10 collaborating physician.
11 (b) A written collaborative agreement shall describe the
12 working relationship of the advanced practice nurse with the
13 collaborating physician and shall authorize the categories of
14 care, treatment, or procedures to be performed by the
15 advanced practice nurse. Collaboration does not require an
16 employment relationship between the collaborating physician
17 and advanced practice nurse. Collaboration means the
18 relationship under which an advanced practice nurse works
19 with a collaborating physician in an active clinical practice
20 to deliver health care services in accordance with (i) the
21 advanced practice nurse's training, education, and experience
22 and (ii) medical direction as documented in a jointly
23 developed written collaborative agreement.
24 The agreement shall be defined to promote the exercise of
25 professional judgment by the advanced practice nurse
26 commensurate with his or her education and experience. The
27 services to be provided by the advanced practice nurse shall
28 be services that the collaborating physician generally
29 provides to his or her patients in the normal course of his
30 or her clinical medical practice. The agreement need not
31 describe the exact steps that an advanced practice nurse must
32 take with respect to each specific condition, disease, or
33 symptom but must specify which authorized procedures require
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1 a physician's presence as the procedures are being performed.
2 The collaborative relationship under an agreement shall not
3 be construed to require the personal presence of a physician
4 at all times at the place where services are rendered.
5 Methods of communication shall be available for consultation
6 with the collaborating physician in person or by
7 telecommunications in accordance with established written
8 guidelines as set forth in the written agreement.
9 (c) Physician medical direction under an agreement shall
10 be adequate if a collaborating physician:
11 (1) participates in the joint formulation and joint
12 approval of orders or guidelines with the APN and he or
13 she periodically reviews such orders and the services
14 provided patients under such orders in accordance with
15 accepted standards of medical practice and advanced
16 practice nursing practice;
17 (2) is on site at least once a month to provide
18 medical direction and consultation; and
19 (3) is available through telecommunications for
20 consultation on medical problems, complications, or
21 emergencies or patient referral.
22 (d) A copy of the signed, written collaborative
23 agreement must be available to the Department upon request
24 from both the advanced practice nurse and the collaborating
25 physician and shall be annually updated. An advanced
26 practice nurse shall inform each collaborating physician of
27 all collaborative agreements he or she has signed and provide
28 a copy of these to any collaborating physician, upon request.
29 (225 ILCS 65/15-20 new)
30 Sec. 15-20. Prescriptive authority.
31 (a) A collaborating physician may, but is not required
32 to, delegate limited prescriptive authority to an advanced
33 practice nurse as part of a written collaborative agreement.
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1 This authority may, but is not required to, include
2 prescription of legend drugs and legend controlled substances
3 categorized as Schedule III, IV, or V controlled substances,
4 as defined in Article II of the Illinois Controlled
5 Substances Act.
6 (b) To prescribe Schedule III, IV, or V controlled
7 substances under this Section, an advanced practice nurse
8 shall affix the collaborating physician's DEA number to, and
9 individually sign, the appropriate prescription form
10 containing the printed names of the advanced practice nurse
11 and collaborating physician in accordance with the written
12 collaborative agreement. Medication orders shall be reviewed
13 periodically by the collaborating physician.
14 (c) The collaborating physician shall file with the
15 Department notice of delegation of prescriptive authority and
16 termination of such delegation, in accordance with rules of
17 the Department.
18 (d) Nothing in this Act shall be construed to limit the
19 delegation of tasks or duties by a physician to a licensed
20 practical nurse, a registered professional nurse, or other
21 personnel.
22 (225 ILCS 65/15-30 new)
23 Sec. 15-30. Title.
24 (a) No person shall use any words, abbreviations,
25 figures, letters, title, sign, card, or device tending to
26 imply that he or she is an advanced practice nurse, including
27 but not limited to using the titles or initials "Advanced
28 Practice Nurse", "Certified Nurse Midwife", "Certified Nurse
29 Practitioner", "Clinical Nurse Specialist", "A.P.N.",
30 "C.N.M.", "C.N.P.", "C.N.S.", or similar titles or initials,
31 with the intention of indicating practice as an advanced
32 practice nurse without meeting the requirements of this Act.
33 No advanced practice nurse shall use the title of doctor or
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1 associate with his or her name or any other term to indicate
2 to other persons that he or she is qualified to engage in the
3 general practice of medicine.
4 (b) An advanced practice nurse shall verbally identify
5 himself or herself as an advanced practice nurse including
6 specialty certification to each patient.
7 (c) Nothing in this Act shall be construed to relieve a
8 physician of professional or legal responsibility for the
9 care and treatment of persons attended by him or her or to
10 relieve an advanced practice nurse of the professional or
11 legal responsibility for the care and treatment of persons
12 attended by him or her.
13 (225 ILCS 65/15-35 new)
14 Sec. 15-35. Advanced Practice Nursing Board.
15 (a) There is hereby established an Advanced Practice
16 Nursing Board, hereinafter referred to as the "APN Board".
17 The APN Board shall review and make recommendations to the
18 Department regarding matters relating to licensure and
19 discipline of advanced practice nurses. The APN Board shall
20 be composed of 9 members to be appointed by the Governor, 4
21 of whom shall be advanced practice nurses and 3 of whom shall
22 be collaborating physicians. In making appointments to the
23 APN Board, the Governor shall give due consideration to
24 recommendations by statewide professional associations or
25 societies representing nurses and physicians in Illinois.
26 Two members, not employed or having any material interest in
27 any health care field, shall represent the public. The
28 chairperson of the APN Board shall be a member elected by a
29 majority vote of the APN Board. The APN Board shall meet and
30 report to the Department quarterly and as advanced practice
31 nurse issues arise.
32 Initial appointments to the APN Board shall be made
33 within 90 days after the effective date of this amendatory
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1 Act of 1998. The terms of office of each of the original
2 members shall be at staggered intervals. One physician and
3 one advanced practice nurse shall serve one-year terms. One
4 physician and one advanced practice nurse shall serve 2-year
5 terms. One physician and one advanced practice nurse shall
6 serve 3-year terms. One advanced practice nurse and the
7 public members shall serve 4-year terms. Upon the expiration
8 of the term of an initial member, his or her successor shall
9 be appointed for a term of 4 years. No member shall serve
10 more than 2 consecutive terms, excluding initial appointment
11 terms. An appointment to fill a vacancy shall be for the
12 unexpired portion of the term. Members of the APN Board
13 shall be reimbursed for all authorized legitimate and
14 necessary expenses incurred in attending the meetings of the
15 APN Board. A majority of the APN Board members appointed
16 shall constitute a quorum. A vacancy in the membership of
17 the APN Board shall not impair the right of a quorum to
18 perform all of the duties of the APN Board. A member of the
19 APN Board shall have no liability in an action based upon a
20 disciplinary proceeding or other activity performed in good
21 faith as a member of the APN Board.
22 (b) Complaints received concerning advanced practice
23 nurses shall be reviewed by the APN Board. Complaints
24 received concerning collaborating physicians shall be
25 reviewed by the Medical Disciplinary Board.
26 (225 ILCS 65/15-40 new)
27 Sec. 15-40. Advertising.
28 (a) A person licensed under this Title may advertise the
29 availability of professional services in the public media or
30 on the premises where the professional services are rendered.
31 The advertising shall be limited to the following
32 information:
33 (1) publication of the person's name, title, office
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1 hours, address, and telephone number;
2 (2) information pertaining to the person's areas of
3 specialization, including but not limited to appropriate
4 board certification or limitation of professional
5 practice;
6 (3) publication of the person's collaborating
7 physician's name, title, and areas of specialization;
8 (4) information on usual and customary fees for
9 routine professional services offered, which shall
10 include notification that fees may be adjusted due to
11 complications or unforeseen circumstances;
12 (5) announcements of the opening of, change of,
13 absence from, or return to business;
14 (6) announcement of additions to or deletions from
15 professional licensed staff; and
16 (7) the issuance of business or appointment cards.
17 (b) It is unlawful for a person licensed under this
18 Title to use testimonials or claims of superior quality of
19 care to entice the public. It shall be unlawful to advertise
20 fee comparisons of available services with those of other
21 licensed persons.
22 (c) This Title does not authorize the advertising of
23 professional services that the offeror of the services is not
24 licensed or authorized to render. Nor shall the advertiser
25 use statements that contain false, fraudulent, deceptive, or
26 misleading material or guarantees of success, statements that
27 play upon the vanity or fears of the public, or statements
28 that promote or produce unfair competition.
29 (d) It is unlawful and punishable under the penalty
30 provisions of this Act for a person licensed under this Title
31 to knowingly advertise that the licensee will accept as
32 payment for services rendered by assignment from any third
33 party payor the amount the third party payor covers as
34 payment in full, if the effect is to give the impression of
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1 eliminating the need of payment by the patient of any
2 required deductible or copayment applicable in the patient's
3 health benefit plan.
4 (e) As used in this Section, "advertise" means
5 solicitation by the licensee or through another person or
6 entity by means of handbills, posters, circulars, motion
7 pictures, radio, newspapers, or television or any other
8 manner.
9 (225 ILCS 65/15-45 new)
10 Sec. 15-45. Continuing education. The Department shall
11 adopt rules of continuing education for persons licensed
12 under this Title that require 50 hours of continuing
13 education per 2-year license renewal cycle. The rules shall
14 not be inconsistent with requirements of relevant national
15 certifying bodies or State or national professional
16 associations. The rules shall also address variances for
17 illness or hardship. The continuing education rules shall
18 assure that licensees are given the opportunity to
19 participate in programs sponsored by or through their State
20 or national professional associations, hospitals, or other
21 providers of continuing education. Each licensee is
22 responsible for maintaining records of completion of
23 continuing education and shall be prepared to produce the
24 records when requested by the Department.
25 (225 ILCS 65/15-50 new)
26 Sec. 15-50. Grounds for disciplinary action.
27 (a) The Department may, upon the recommendation of the
28 APN Board, refuse to issue or to renew, or may revoke,
29 suspend, place on probation, censure or reprimand, or take
30 other disciplinary action as the Department may deem
31 appropriate with regard to a license issued under this Title,
32 including the issuance of fines not to exceed $5,000 for each
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1 violation, for any one or combination of the grounds for
2 discipline set forth in Section 10-45 of this Act or for any
3 one or combination of the following causes:
4 (1) Gross negligence in the practice of advanced
5 practice nursing.
6 (2) Exceeding the terms of a collaborative
7 agreement or the prescriptive authority delegated to him
8 or her by his or her collaborating physician or alternate
9 collaborating physician in guidelines established under a
10 written collaborative agreement.
11 (3) Making a false or misleading statement
12 regarding his or her skill or the efficacy or value of
13 the medicine, treatment, or remedy prescribed by him or
14 her in the course of treatment.
15 (4) Prescribing, selling, administering,
16 distributing, giving, or self-administering a drug
17 classified as a controlled substance (designated product)
18 or narcotic for other than medically accepted therapeutic
19 purposes.
20 (5) Promotion of the sale of drugs, devices,
21 appliances, or goods provided for a patient in a manner
22 to exploit the patient for financial gain.
23 (6) Violating State or federal laws or regulations
24 relating to controlled substances.
25 (7) Willfully or negligently violating the
26 confidentiality between advanced practice nurse,
27 collaborating physician, and patient, except as required
28 by law.
29 (8) Failure of a licensee to report to the
30 Department any adverse final action taken against such
31 licensee by another licensing jurisdiction (any other
32 jurisdiction of the United States or any foreign state or
33 country), any peer review body, any health care
34 institution, a professional or nursing or advanced
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1 practice nursing society or association, a governmental
2 agency, a law enforcement agency, or a court or a
3 liability claim relating to acts or conduct similar to
4 acts or conduct that would constitute grounds for action
5 as defined in this Section.
6 (9) Failure of a licensee to report to the
7 Department surrender by the licensee of a license or
8 authorization to practice nursing or advanced practice
9 nursing in another state or jurisdiction, or current
10 surrender by the licensee of membership on any nursing
11 staff or organized health care professional staff or in
12 any nursing, advanced practice nurse, or professional
13 association or society while under disciplinary
14 investigation by any of those authorities or bodies for
15 acts or conduct similar to acts or conduct that would
16 constitute grounds for action as defined in this Section.
17 (10) Failing, within 60 days, to provide
18 information in response to a written request made by the
19 Department.
20 (11) Failure to establish and maintain records of
21 patient care and treatment as required by law.
22 (12) Any violation of any Section of this Title or
23 Act.
24 When the Department has received written reports
25 concerning incidents required to be reported in items (8) and
26 (9), the licensee's failure to report the incident to the
27 Department under those items shall not be the sole grounds
28 for disciplinary action.
29 (b) The Department may refuse to issue or may suspend
30 the license of any person who fails to file a return, to pay
31 the tax, penalty, or interest shown in a filed return, or to
32 pay any final assessment of the tax, penalty, or interest as
33 required by a tax Act administered by the Department of
34 Revenue, until the requirements of the tax Act are satisfied.
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1 (c) In enforcing this Section, the Department or APN
2 Board, upon a showing of a possible violation, may compel an
3 individual licensed to practice under this Title, or who has
4 applied for licensure under this Title, to submit to a mental
5 or physical examination or both, as required by and at the
6 expense of the Department. The Department or APN Board may
7 order the examining physician to present testimony concerning
8 the mental or physical examination of the licensee or
9 applicant. No information shall be excluded by reason of any
10 common law or statutory privilege relating to communications
11 between the licensee or applicant and the examining
12 physician. The examining physician shall be specifically
13 designated by the APN Board or Department. The individual to
14 be examined may have, at his or her own expense, another
15 physician of his or her choice present during all aspects of
16 this examination. Failure of an individual to submit to a
17 mental or physical examination when directed shall be grounds
18 for suspension of his or her license until the individual
19 submits to the examination if the Department finds, after
20 notice and hearing, that the refusal to submit to the
21 examination was without reasonable cause.
22 If the Department or APN Board finds an individual unable
23 to practice because of the reasons set forth in this Section,
24 the Department or APN Board may require that individual to
25 submit to care, counseling, or treatment by physicians
26 approved or designated by the Department or APN Board as a
27 condition, term, or restriction for continued, reinstated, or
28 renewed licensure to practice; or, in lieu of care,
29 counseling, or treatment, the Department may file, or the APN
30 Board may recommend to the Department to file, a complaint to
31 immediately suspend, revoke, or otherwise discipline the
32 license of the individual. An individual whose license was
33 granted, continued, reinstated, renewed, disciplined or
34 supervised subject to terms, conditions, or restrictions, and
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1 who fails to comply with the terms, conditions, or
2 restrictions, shall be referred to the Director for a
3 determination as to whether the individual shall have his or
4 her license suspended immediately, pending a hearing by the
5 Department.
6 In instances in which the Director immediately suspends a
7 person's license under this Section, a hearing on that
8 person's license shall be convened by the Department within
9 15 days after the suspension and shall be completed without
10 appreciable delay. The Department and APN Board shall have
11 the authority to review the subject individual's record of
12 treatment and counseling regarding the impairment to the
13 extent permitted by applicable federal statutes and
14 regulations safeguarding the confidentiality of medical
15 records.
16 An individual licensed under this Title and affected
17 under this Section shall be afforded an opportunity to
18 demonstrate to the Department or APN Board that he or she can
19 resume practice in compliance with acceptable and prevailing
20 standards under the provisions of his or her license.
21 (225 ILCS 65/15-55 new)
22 Sec. 15-55. Reports relating to professional conduct and
23 capacity.
24 (a) Entities Required to Report.
25 (1) Health Care Institutions. The chief
26 administrator or executive officer of a health care
27 institution licensed by the Department of Public Health,
28 which provides the minimum due process set forth in
29 Section 10.4 of the Hospital Licensing Act, shall report
30 to the APN Board when a licensee's organized professional
31 staff clinical privileges are terminated or are
32 restricted based on a final determination, in accordance
33 with that institution's by-laws or rules and regulations,
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1 that (i) a person has either committed an act or acts
2 that may directly threaten patient care and that are not
3 of an administrative nature or (ii) that a person may be
4 mentally or physically disabled in a manner that may
5 endanger patients under that person's care. The chief
6 administrator or officer shall also report if a licensee
7 accepts voluntary termination or restriction of clinical
8 privileges in lieu of formal action based upon conduct
9 related directly to patient care and not of an
10 administrative nature, or in lieu of formal action
11 seeking to determine whether a person may be mentally or
12 physically disabled in a manner that may endanger
13 patients under that person's care. The APN Board shall
14 provide by rule for the reporting to it of all instances
15 in which a person licensed under this Title, who is
16 impaired by reason of age, drug, or alcohol abuse or
17 physical or mental impairment, is under supervision and,
18 where appropriate, is in a program of rehabilitation.
19 Reports submitted under this subsection shall be strictly
20 confidential and may be reviewed and considered only by
21 the members of the APN Board or authorized staff as
22 provided by rule of the APN Board. Provisions shall be
23 made for the periodic report of the status of any such
24 reported person not less than twice annually in order
25 that the APN Board shall have current information upon
26 which to determine the status of that person. Initial
27 and periodic reports of impaired advanced practice nurses
28 shall not be considered records within the meaning of the
29 State Records Act and shall be disposed of, following a
30 determination by the APN Board that such reports are no
31 longer required, in a manner and at an appropriate time
32 as the APN Board shall determine by rule. The filing of
33 reports submitted under this subsection shall be
34 construed as the filing of a report for purposes of
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1 subsection (c) of this Section.
2 (2) Professional Associations. The President or
3 chief executive officer of an association or society of
4 persons licensed under this Title, operating within this
5 State, shall report to the APN Board when the association
6 or society renders a final determination that a person
7 licensed under this Title has committed unprofessional
8 conduct related directly to patient care or that a person
9 may be mentally or physically disabled in a manner that
10 may endanger patients under the person's care.
11 (3) Professional Liability Insurers. Every
12 insurance company that offers policies of professional
13 liability insurance to persons licensed under this Title,
14 or any other entity that seeks to indemnify the
15 professional liability of a person licensed under this
16 Title, shall report to the APN Board the settlement of
17 any claim or cause of action, or final judgment rendered
18 in any cause of action, that alleged negligence in the
19 furnishing of patient care by the licensee when the
20 settlement or final judgment is in favor of the
21 plaintiff.
22 (4) State's Attorneys. The State's Attorney of
23 each county shall report to the APN Board all instances
24 in which a person licensed under this Title is convicted
25 or otherwise found guilty of the commission of a felony.
26 (5) State Agencies. All agencies, boards,
27 commissions, departments, or other instrumentalities of
28 the government of this State shall report to the APN
29 Board any instance arising in connection with the
30 operations of the agency, including the administration of
31 any law by the agency, in which a person licensed under
32 this Title has either committed an act or acts that may
33 constitute a violation of this Title, that may constitute
34 unprofessional conduct related directly to patient care,
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1 or that indicates that a person licensed under this Title
2 may be mentally or physically disabled in a manner that
3 may endanger patients under that person's care.
4 (b) Mandatory Reporting. All reports required under
5 items (8) and (9) of subsection (a) of Section 15-50 and
6 under this Section shall be submitted to the APN Board in a
7 timely fashion. The reports shall be filed in writing within
8 60 days after a determination that a report is required under
9 this Title. All reports shall contain the following
10 information:
11 (1) The name, address, and telephone number of
12 the person making the report.
13 (2) The name, address, and telephone number of
14 the person who is the subject of the report.
15 (3) The name or other means of identification of
16 any patient or patients whose treatment is a subject of
17 the report, except that no medical records may be
18 revealed without the written consent of the patient or
19 patients.
20 (4) A brief description of the facts that gave rise
21 to the issuance of the report, including but not limited
22 to the dates of any occurrences deemed to necessitate the
23 filing of the report.
24 (5) If court action is involved, the identity of
25 the court in which the action is filed, the docket
26 number, and date of filing of the action.
27 (6) Any further pertinent information that the
28 reporting party deems to be an aid in the evaluation of
29 the report.
30 Nothing contained in this Section shall be construed to
31 in any way waive or modify the confidentiality of medical
32 reports and committee reports to the extent provided by law.
33 Any information reported or disclosed shall be kept for the
34 confidential use of the APN Board, the APN Board's attorneys,
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1 the investigative staff, and authorized clerical staff and
2 shall be afforded the same status as is provided information
3 concerning medical studies in Part 21 of Article VIII of the
4 Code of Civil Procedure.
5 (c) Immunity from Prosecution. An individual or
6 organization acting in good faith, and not in a wilful and
7 wanton manner, in complying with this Title by providing a
8 report or other information to the APN Board, by assisting in
9 the investigation or preparation of a report or information,
10 by participating in proceedings of the APN Board, or by
11 serving as a member of the Board shall not, as a result of
12 such actions, be subject to criminal prosecution or civil
13 damages.
14 (d) Indemnification. Members of the APN Board, the APN
15 Board's attorneys, the investigative staff, advanced practice
16 nurses or physicians retained under contract to assist and
17 advise in the investigation, and authorized clerical staff
18 shall be indemnified by the State for any actions (i)
19 occurring within the scope of services on the APN Board, (ii)
20 performed in good faith, and (iii) not wilful and wanton in
21 nature. The Attorney General shall defend all actions taken
22 against those persons unless he or she determines either that
23 there would be a conflict of interest in the representation
24 or that the actions complained of were not performed in good
25 faith or were wilful and wanton in nature. If the Attorney
26 General declines representation, the member shall have the
27 right to employ counsel of his or her choice, whose fees
28 shall be provided by the State, after approval by the
29 Attorney General, unless there is a determination by a court
30 that the member's actions were not performed in good faith or
31 were wilful and wanton in nature. The member shall notify the
32 Attorney General within 7 days of receipt of notice of the
33 initiation of an action involving services of the APN Board.
34 Failure to so notify the Attorney General shall constitute an
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1 absolute waiver of the right to a defense and
2 indemnification. The Attorney General shall determine within
3 7 days after receiving the notice whether he or she will
4 undertake to represent the member.
5 (e) Deliberations of APN Board. Upon the receipt of a
6 report called for by this Title, other than those reports of
7 impaired persons licensed under this Title required pursuant
8 to the rules of the APN Board, the APN Board shall notify in
9 writing by certified mail the person who is the subject of
10 the report. The notification shall be made within 30 days of
11 receipt by the APN Board of the report. The notification
12 shall include a written notice setting forth the person's
13 right to examine the report. Included in the notification
14 shall be the address at which the file is maintained, the
15 name of the custodian of the reports, and the telephone
16 number at which the custodian may be reached. The person who
17 is the subject of the report shall submit a written statement
18 responding to, clarifying, adding to, or proposing to amend
19 the report previously filed. The statement shall become a
20 permanent part of the file and shall be received by the APN
21 Board no more than 30 days after the date on which the person
22 was notified of the existence of the original report. The
23 APN Board shall review all reports received by it and any
24 supporting information and responding statements submitted by
25 persons who are the subject of reports. The review by the
26 APN Board shall be in a timely manner but in no event shall
27 the APN Board's initial review of the material contained in
28 each disciplinary file be less than 61 days nor more than 180
29 days after the receipt of the initial report by the APN
30 Board. When the APN Board makes its initial review of the
31 materials contained within its disciplinary files, the APN
32 Board shall, in writing, make a determination as to whether
33 there are sufficient facts to warrant further investigation
34 or action. Failure to make that determination within the
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1 time provided shall be deemed to be a determination that
2 there are not sufficient facts to warrant further
3 investigation or action. Should the APN Board find that
4 there are not sufficient facts to warrant further
5 investigation or action, the report shall be accepted for
6 filing and the matter shall be deemed closed and so reported.
7 The individual or entity filing the original report or
8 complaint and the person who is the subject of the report or
9 complaint shall be notified in writing by the APN Board of
10 any final action on their report or complaint.
11 (f) Summary Reports. The APN Board shall prepare, on a
12 timely basis, but in no event less than one every other
13 month, a summary report of final actions taken upon
14 disciplinary files maintained by the APN Board. The summary
15 reports shall be sent by the APN Board to every health care
16 facility licensed by the Department of Public Health, every
17 professional association and society of persons licensed
18 under this Title functioning on a statewide basis in this
19 State, all insurers providing professional liability
20 insurance to persons licensed under this Title in this State,
21 and the Illinois Pharmacists Association.
22 (g) Any violation of this Section shall constitute a
23 Class A misdemeanor.
24 (h) If a person violates the provisions of this Section,
25 an action may be brought in the name of the People of the
26 State of Illinois, through the Attorney General of the State
27 of Illinois, for an order enjoining the violation or for an
28 order enforcing compliance with this Section. Upon filing of
29 a verified petition in court, the court may issue a temporary
30 restraining order without notice or bond and may
31 preliminarily or permanently enjoin the violation, and if it
32 is established that the person has violated or is violating
33 the injunction, the court may punish the offender for
34 contempt of court. Proceedings under this subsection shall
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1 be in addition to, and not in lieu of, all other remedies and
2 penalties provided for by this Section.
3 (225 ILCS 65/Title 20 heading new)
4 TITLE 20. ADMINISTRATION AND ENFORCEMENT
5 (225 ILCS 65/20-2 new)
6 Sec. 20-2. References to Board. References in this
7 Title to the "Board" shall mean the Board of Nursing in the
8 case of an administrative or enforcement matter concerning
9 the practice of practical nursing or professional nursing,
10 and shall mean the Advanced Practice Nursing Board in the
11 case of an administrative or enforcement matter concerning
12 the practice of advanced practice nursing.
13 (225 ILCS 65/20-5, formerly, 65/16)
14 Sec. 20-5. 16. Expiration of license; renewal. The
15 expiration date and renewal period for each license issued
16 under this Act shall be set by rule. The holder of a license
17 may renew the license during the month preceding the
18 expiration date of the license by paying the required fee. It
19 is the responsibility of the licensee to notify the
20 Department in writing of a change of address.
21 (Source: P.A. 90-61, eff. 12-30-97.)
22 (225 ILCS 65/20-10, formerly 65/17)
23 Sec. 20-10. 17. Restoration of license; temporary
24 permit.
25 (a) Any license issued under this Act that has expired
26 or that is on inactive status may be restored by making
27 application to the Department and filing proof of fitness
28 acceptable to the Department as specified by rule, to have
29 the license restored, and by paying the required restoration
30 fee. Such proof of fitness may include evidence certifying
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1 to active lawful practice in another jurisdiction.
2 However, any license issued under this Act that expired
3 while the licensee was (1) in federal service on active duty
4 with the Armed Forces of the United States, or the State
5 Militia called into service or training, or (2) in training
6 or education under the supervision of the United States
7 preliminary to induction into the military service, may have
8 the license restored without paying any lapsed renewal fees
9 if within 2 years after honorable termination of such
10 service, training, or education, the applicant furnishes the
11 Department with satisfactory evidence to the effect that the
12 applicant has been so engaged and that the individual's
13 service, training, or education has been so terminated.
14 Any licensee who shall engage in the practice of nursing
15 or advanced practice nursing with a lapsed license or while
16 on inactive status shall be considered to be practicing
17 without a license which shall be grounds for discipline under
18 Section 10-30 or Article 15, respectively 25 of this Act.
19 (b) Pending restoration of a license under subsection
20 (a) of this Section, the Department may grant an applicant a
21 temporary license to practice nursing as a registered nurse
22 or as a licensed practical nurse if the Department is
23 satisfied that the applicant holds an active, unencumbered
24 license in good standing in another jurisdiction. If the
25 applicant holds more than one current active license, or one
26 or more active temporary licenses from other jurisdictions,
27 the Department shall not issue a temporary license until it
28 is satisfied that each current active license held by the
29 applicant is unencumbered. The temporary license, which shall
30 be issued no later than 14 working days following receipt by
31 the Department of an application for the license, shall be
32 granted upon the submission of the following to the
33 Department:
34 (1) a signed and completed application for
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1 restoration of licensure under this Section as a
2 registered nurse or a licensed practical nurse;
3 (2) proof of (i) a current, active license in at
4 least one other jurisdiction and proof that each current,
5 active license or temporary permit held by the applicant
6 is unencumbered or (ii) fitness to practice nursing in
7 Illinois as specified by rule;
8 (3) a signed and completed application for a
9 temporary permit; and
10 (4) the required permit fee.
11 (c) The Department may refuse to issue to an applicant a
12 temporary permit authorized under this Section if, within 14
13 working days following its receipt of an application for a
14 temporary permit, the Department determines that:
15 (1) the applicant has been convicted within the
16 last 5 years of any crime under the laws of any
17 jurisdiction of the United States that is (i) a felony
18 or (ii) a misdemeanor directly related to the practice of
19 the profession;
20 (2) within the last 5 years the applicant had a
21 license or permit related to the practice of nursing
22 revoked, suspended, or placed on probation by another
23 jurisdiction if at least one of the grounds for revoking,
24 suspending, or placing on probation is the same or
25 substantially equivalent to grounds in Illinois; or
26 (3) it is determined by the Department that it
27 intends to deny restoration of the license.
28 For purposes of this Section, an "unencumbered license"
29 means any license against which no disciplinary action has
30 been taken or is pending and for which all fees and charges
31 are paid and current.
32 (d) The Department may revoke a temporary permit issued
33 under this Section if:
34 (1) it determines that the applicant has been
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1 convicted within the last 5 years of any crime under the
2 law of any jurisdiction of the United States that is (i)
3 a felony or (ii) a misdemeanor directly related to the
4 practice of the profession;
5 (2) within the last 5 years the applicant had a
6 license or permit related to the practice of nursing
7 revoked, suspended, or placed on probation by another
8 jurisdiction, if at least one of the grounds for
9 revoking, suspending, or placing on probation is the same
10 or substantially equivalent to grounds in Illinois; or
11 (3) it is determined by the Department that it
12 intends to deny restoration of the license.
13 A temporary permit or renewed temporary permit shall
14 expire (i) upon issuance of an Illinois license or (ii) upon
15 notification that the Department intends to deny restoration
16 of licensure. A temporary permit shall expire 6 months from
17 the date of issuance. Further renewal may be granted by the
18 Department, in hardship cases, that shall automatically
19 expire upon issuance of the Illinois license or upon
20 notification that the Department intends to deny licensure,
21 whichever occurs first. No extensions shall be granted beyond
22 the 6 months period unless approved by the Director.
23 Notification by the Department under this Section shall be by
24 certified or registered mail.
25 (Source: P.A. 90-61, eff. 12-30-97.)
26 (225 ILCS 65/20-15, formerly 65/18)
27 Sec. 20-15. 18. Inactive status. Any nurse who notifies
28 the Department in writing on forms prescribed by the
29 Department, may elect to place her or his license on inactive
30 status and shall, subject to rules of the Department, be
31 excused from payment of renewal fees until notice is given to
32 the Department in writing of her or his intent to restore the
33 license.
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1 Any nurse requesting restoration from inactive status
2 shall be required to pay the current renewal fee and shall be
3 required to restore her or his license, as provided by rule
4 of the Department.
5 Any nurse whose license is in an inactive status shall
6 not practice nursing in the State of Illinois.
7 (Source: P.A. 85-981.)
8 (225 ILCS 65/20-25, formerly 65/21)
9 Sec. 20-25. 21. Returned checks; fines. Any person who
10 delivers a check or other payment to the Department that is
11 returned to the Department unpaid by the financial
12 institution upon which it is drawn shall pay to the
13 Department, in addition to the amount already owed to the
14 Department, a fine of $50. If the check or other payment was
15 for a renewal or issuance fee and that person practices
16 without paying the renewal fee or issuance fee and the fine
17 due, an additional fine of $100 shall be imposed. The fines
18 imposed by this Section are in addition to any other
19 discipline provided under this Act for unlicensed practice or
20 practice on a nonrenewed license. The Department shall notify
21 the person that payment of fees and fines shall be paid to
22 the Department by certified check or money order within 30
23 calendar days of the notification. If, after the expiration
24 of 30 days from the date of the notification, the person has
25 failed to submit the necessary remittance, the Department
26 shall automatically terminate the license or deny the
27 application, without hearing. If, after termination or
28 denial, the person seeks a license, he or she shall apply to
29 the Department for restoration or issuance of the license and
30 pay all fees and fines due to the Department. The Department
31 may establish a fee for the processing of an application for
32 restoration of a license to pay all expenses of processing
33 this application. The Director may waive the fines due under
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1 this Section in individual cases where the Director finds
2 that the fines would be unreasonable or unnecessarily
3 burdensome.
4 (Source: P.A. 90-61, eff. 12-30-97.)
5 (225 ILCS 65/20-30, formerly 65/22)
6 Sec. 20-30. 22. Roster. The Department shall maintain a
7 roster of the names and addresses of all licensees and of all
8 persons whose licenses have been suspended or revoked. This
9 roster shall be available upon written request and payment of
10 the required fees.
11 (Source: P.A. 85-981.)
12 (225 ILCS 65/20-35, formerly 65/23)
13 Sec. 20-35. 23. Fees.
14 (a) The Department shall provide by rule for a schedule
15 of fees to be paid for licenses by all applicants.
16 (a-5) Except as provided in subsection (b), the fees for
17 the administration and enforcement of this Act, including but
18 not limited to original licensure, renewal, and restoration,
19 shall be set by rule. The fees shall not be refundable.
20 (b) In addition, applicants for any examination as a
21 Registered Professional Nurse or a Licensed Practical Nurse
22 shall be required to pay, either to the Department or to the
23 designated testing service, a fee covering the cost of
24 providing the examination. Failure to appear for the
25 examination on the scheduled date, at the time and place
26 specified, after the applicant's application for examination
27 has been received and acknowledged by the Department or the
28 designated testing service, shall result in the forfeiture of
29 the examination fee.
30 (Source: P.A. 90-61, eff. 12-30-97.)
31 (225 ILCS 65/20-40, formerly 65/24)
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1 (Text of Section before amendment by P.A. 90-372)
2 Sec. 20-40. 24. Fund. There is hereby created within the
3 State Treasury the Nursing Dedicated and Professional Fund.
4 The monies in the Fund may be used by and at the direction of
5 the Department for the administration and enforcement of this
6 Act, including but not limited to:
7 (a) Distribution and publication of the Illinois
8 Nursing and Advanced Practice Nursing Act of 1987 and the
9 rules at the time of renewal to all persons Registered
10 Professional Nurses and Licensed Practical Nurses
11 licensed by the Department under this Act.
12 (b) Employment of secretarial, nursing,
13 administrative, enforcement, and other staff for the
14 administration of this Act.
15 (c) Conducting a survey, as prescribed by rule of
16 the Department, once every 4 years during the license
17 renewal period.
18 (d) Conducting of training seminars for licensees
19 under this Act relating to the obligations,
20 responsibilities, enforcement and other provisions of the
21 Act and its rules.
22 (e) Disposition of Fees:
23 (i) (Blank).
24 (ii) All of the fees and fines collected
25 pursuant to this Act shall be deposited in the
26 Nursing Dedicated and Professional Fund.
27 (iii) For the fiscal year beginning July 1,
28 1988, the moneys deposited in the Nursing Dedicated
29 and Professional Fund shall be appropriated to the
30 Department for expenses of the Department and the
31 Board in the administration of this Act. All
32 earnings received from investment of moneys in the
33 Nursing Dedicated and Professional Fund shall be
34 deposited in the Nursing Dedicated and Professional
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1 Fund and shall be used for the same purposes as fees
2 deposited in the Fund.
3 (iv) For the fiscal year beginning July 1,
4 1991 and for each fiscal year thereafter, either 10%
5 of the moneys deposited in the Nursing Dedicated and
6 Professional Fund each year, not including interest
7 accumulated on such moneys, or any moneys deposited
8 in the Fund in each year which are in excess of the
9 amount appropriated in that year to meet ordinary
10 and contingent expenses of the Board, whichever is
11 less, shall be set aside and appropriated to the
12 Illinois Department of Public Health for nursing
13 scholarships awarded pursuant to the Nursing
14 Education Scholarship Law.
15 (v) Moneys in the Fund may be transferred to
16 the Professions Indirect Cost Fund as authorized
17 under Section 61e of the Civil Administrative Code
18 of Illinois.
19 In addition to any other permitted use of moneys in the
20 Fund, and notwithstanding any restriction on the use of the
21 Fund, moneys in the Nursing Dedicated and Professional Fund
22 may be transferred to the General Revenue Fund as authorized
23 by this amendatory Act of 1992. The General Assembly finds
24 that an excess of moneys exists in the Fund.
25 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
26 89-626, eff. 8-9-96; 90-61, eff. 12-30-97.)
27 (Text of Section after amendment by P.A. 90-372)
28 Sec. 20-40. 24. Fund. There is hereby created within the
29 State Treasury the Nursing Dedicated and Professional Fund.
30 The monies in the Fund may be used by and at the direction of
31 the Department for the administration and enforcement of this
32 Act, including but not limited to:
33 (a) Distribution and publication of the Illinois
34 Nursing and Advanced Practice Nursing Act of 1987 and the
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1 rules at the time of renewal to all persons Registered
2 Professional Nurses and Licensed Practical Nurses
3 licensed by the Department under this Act.
4 (b) Employment of secretarial, nursing,
5 administrative, enforcement, and other staff for the
6 administration of this Act.
7 (c) Conducting a survey, as prescribed by rule of
8 the Department, once every 4 years during the license
9 renewal period.
10 (d) Conducting of training seminars for licensees
11 under this Act relating to the obligations,
12 responsibilities, enforcement and other provisions of the
13 Act and its rules.
14 (e) Disposition of Fees:
15 (i) (Blank).
16 (ii) All of the fees and fines collected
17 pursuant to this Act shall be deposited in the
18 Nursing Dedicated and Professional Fund.
19 (iii) For the fiscal year beginning July 1,
20 1988, the moneys deposited in the Nursing Dedicated
21 and Professional Fund shall be appropriated to the
22 Department for expenses of the Department and the
23 Board in the administration of this Act. All
24 earnings received from investment of moneys in the
25 Nursing Dedicated and Professional Fund shall be
26 deposited in the Nursing Dedicated and Professional
27 Fund and shall be used for the same purposes as fees
28 deposited in the Fund.
29 (iv) For the fiscal year beginning July 1,
30 1991 and for each fiscal year thereafter, either 10%
31 of the moneys deposited in the Nursing Dedicated and
32 Professional Fund each year, not including interest
33 accumulated on such moneys, or any moneys deposited
34 in the Fund in each year which are in excess of the
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1 amount appropriated in that year to meet ordinary
2 and contingent expenses of the Board, whichever is
3 less, shall be set aside and appropriated to the
4 Illinois Department of Public Health for nursing
5 scholarships awarded pursuant to the Nursing
6 Education Scholarship Law.
7 (v) Moneys in the Fund may be transferred to
8 the Professions Indirect Cost Fund as authorized
9 under Section 61e of the Civil Administrative Code
10 of Illinois.
11 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
12 89-626, eff. 8-9-96; 90-61, eff. 12-30-97; 90-372, eff.
13 7-1-98; revised 8-18-97.)
14 (225 ILCS 65/20-50, formerly 65/26)
15 Sec. 20-50. 26. Limitation on action. All proceedings to
16 suspend, revoke, or take any other disciplinary action as the
17 Department may deem proper, with regard to a license on any
18 of the foregoing grounds may not be commenced later than 3
19 years next after the commission of any act which is a ground
20 for discipline or a final conviction order for any of the
21 acts described herein. In the event of the settlement of any
22 claim or cause of action in favor of the claimant or the
23 reduction to the final judgment of any civil action in favor
24 of the plaintiff, such claim, cause of action or civil action
25 being rounded on the allegation that a person licensed under
26 this Act was negligent in providing care, the Department
27 shall have an additional period of one year from the date of
28 such settlement or final judgment in which to investigate and
29 commence formal disciplinary proceedings under Section 25 of
30 this Act, except as otherwise provided by law. The time
31 during which the holder of the license was outside the State
32 of Illinois shall not be included within any period of time
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1 limiting the commencement of disciplinary action by the
2 Board.
3 (Source: P.A. 90-61, eff. 12-30-97.)
4 (225 ILCS 65/20-55, formerly 65/27)
5 Sec. 20-55. 27. Suspension for imminent danger. The
6 Director of the Department may, upon receipt of a written
7 communication from the Secretary of Human Services, the
8 Director of Public Aid, or the Director of Public Health that
9 continuation of practice of a person licensed under this Act
10 constitutes an immediate danger to the public, immediately
11 suspend the license of such person without a hearing. In
12 instances in which the Director immediately suspends a
13 license under this Section, a hearing upon such person's
14 license must be convened by the Department within 30 days
15 after such suspension and completed without appreciable
16 delay, such hearing held to determine whether to recommend to
17 the Director that the person's license be revoked, suspended,
18 placed on probationary status or reinstated, or such person
19 be subject to other disciplinary action. In such hearing,
20 the written communication and any other evidence submitted
21 therewith may be introduced as evidence against such person;
22 provided, however, the person, or his or her counsel, shall
23 have the opportunity to discredit or impeach and submit
24 evidence rebutting such evidence.
25 (Source: P.A. 89-507, eff. 7-1-97; 90-61, eff. 12-30-97.)
26 (225 ILCS 65/20-65, formerly 65/29)
27 Sec. 20-65. 29. Liability of State. In the event that
28 the Department's order of revocation, suspension, placing the
29 licensee on probationary status, or other order of formal
30 disciplinary action is without any reasonable basis, then the
31 State of Illinois shall be liable to the injured party for
32 those special damages suffered as a direct result of such
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1 order.
2 (Source: P.A. 85-981.)
3 (225 ILCS 65/20-70, formerly 65/30)
4 Sec. 20-70. 30. Right to legal counsel. No action of a
5 disciplinary nature that is predicated on charges alleging
6 unethical or unprofessional conduct of a person who is a
7 registered professional nurse or a licensed practical nurse
8 and that can be reasonably expected to affect adversely that
9 person's maintenance of her or his present, or her or his
10 securing of future, employment as such a nurse may be taken
11 by the Department, by any association, or by any person
12 unless the person against whom such charges are made is
13 afforded the right to be represented by legal counsel of her
14 or his choosing and to present any witness, whether an
15 attorney or otherwise to testify on matters relevant to such
16 charges.
17 (Source: P.A. 90-61, eff. 12-30-97.)
18 (225 ILCS 65/20-75, formerly 65/31)
19 Sec. 20-75. 31. Injunctive remedies.
20 (a) If any person violates the provision of this Act,
21 the Director may, in the name of the People of the State of
22 Illinois, through the Attorney General of the State of
23 Illinois, or the State's Attorney of any county in which the
24 action is brought, petition for an order enjoining such
25 violation or for an order enforcing compliance with this Act.
26 Upon the filing of a verified petition in court, the court
27 may issue a temporary restraining order, without notice or
28 bond, and may preliminarily and permanently enjoin such
29 violation, and if it is established that such person has
30 violated or is violating the injunction, the court may punish
31 the offender for contempt of court. Proceedings under this
32 Section shall be in addition to, and not in lieu of, all
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1 other remedies and penalties provided by this Act.
2 (b) If any person shall practice as a nurse or hold
3 herself or himself out as a nurse without being licensed
4 under the provisions of this Act, then any licensed nurse,
5 any interested party, or any person injured thereby may, in
6 addition to the Director, petition for relief as provided in
7 subsection (a) of this Section.
8 Whoever knowingly practices or offers to practice nursing
9 in this State without a license for that purpose shall be
10 guilty of a Class A misdemeanor and for each subsequent
11 conviction, shall be guilty of a Class 4 felony. All criminal
12 fines, monies, or other property collected or received by the
13 Department under this Section or any other State or federal
14 statute, including, but not limited to, property forfeited to
15 the Department under Section 505 of the Illinois Controlled
16 Substances Act, shall be deposited into the Professional
17 Regulation Evidence Fund.
18 (c) Whenever in the opinion of the Department any person
19 violates any provision of this Act, the Department may issue
20 a rule to show cause why an order to cease and desist should
21 not be entered against him. The rule shall clearly set forth
22 the grounds relied upon by the Department and shall provide a
23 period of 7 days from the date of the rule to file an answer
24 to the satisfaction of the Department. Failure to answer to
25 the satisfaction of the Department shall cause an order to
26 cease and desist to be issued forthwith.
27 (Source: P.A. 86-685.)
28 (225 ILCS 65/20-80, formerly 65/32)
29 Sec. 20-80. 32. Investigation; notice; hearing. Prior to
30 bringing an action before the Board, the Department may
31 investigate the actions of any applicant or of any person or
32 persons holding or claiming to hold a license. The
33 Department shall, before suspending, revoking, placing on
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1 probationary status, or taking any other disciplinary action
2 as the Department may deem proper with regard to any license,
3 at least 30 days prior to the date set for the hearing,
4 notify the accused in writing of any charges made and the
5 time and place for a hearing of the charges before the Board,
6 direct her or him to file a written answer thereto to the
7 Board under oath within 20 days after the service of such
8 notice and inform the licensee that if she or he fails to
9 file such answer default will be taken against the licensee
10 and such license may be suspended, revoked, placed on
11 probationary status, or have other disciplinary action,
12 including limiting the scope, nature or extent of her or his
13 practice, as the Department may deem proper taken with regard
14 thereto. Such written notice may be served by personal
15 delivery or certified or registered mail to the respondent at
16 the address of her or his last notification to the
17 Department. At the time and place fixed in the notice, the
18 Department shall proceed to hear the charges and the parties
19 or their counsel shall be accorded ample opportunity to
20 present such statements, testimony, evidence and argument as
21 may be pertinent to the charges or to the defense to the
22 charges. The Department may continue a hearing from time to
23 time. In case the accused person, after receiving notice,
24 fails to file an answer, her or his license may in the
25 discretion of the Director, having received first the
26 recommendation of the Board, be suspended, revoked, placed on
27 probationary status, or the Director may take whatever
28 disciplinary action as he or she may deem proper, including
29 limiting the scope, nature, or extent of said person's
30 practice, without a hearing, if the act or acts charged
31 constitute sufficient grounds for such action under this Act.
32 (Source: P.A. 90-61, eff. 12-30-97.)
33 (225 ILCS 65/20-85, formerly 65/33)
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1 Sec. 20-85. 33. Stenographer; transcript. The
2 Department, at its expense, shall provide a stenographer to
3 take down the testimony and preserve a record of all
4 proceedings at the hearing of any case wherein any
5 disciplinary action is taken regarding a license. The notice
6 of hearing, complaint and all other documents in the nature
7 of pleadings and written motions filed in the proceedings,
8 the transcript of testimony, the report of the Board and the
9 orders of the Department shall be the record of the
10 proceedings. The Department shall furnish a transcript of
11 the record to any person interested in the hearing upon
12 payment of the fee required under Section 60f of the Civil
13 Administrative Code of Illinois.
14 (Source: P.A. 90-61, eff. 12-30-97.)
15 (225 ILCS 65/20-90, formerly 65/34)
16 Sec. 20-90. 34. Compelled testimony and production of
17 documents. Any circuit court may, upon application of the
18 Department or designee or of the applicant or licensee
19 against whom proceedings upon Section 20-80 32 of this Act
20 are pending, enter an order requiring the attendance of
21 witnesses and their testimony, and the production of
22 documents, papers, files, books and records in connection
23 with any hearing or investigation. The court may compel
24 obedience to its order by proceedings for contempt.
25 (Source: P.A. 85-981.)
26 (225 ILCS 65/20-95, formerly 65/35)
27 Sec. 20-95. 35. Subpoena power; oaths. The Department
28 shall have power to subpoena and bring before it any person
29 in this State and to take testimony, either orally or by
30 deposition or both, with the same fees and mileage and in the
31 same manner as prescribed by law in judicial proceedings in
32 civil cases in circuit courts of this State.
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1 The Director and any member of the Board designated by
2 the Director shall each have power to administer oaths to
3 witnesses at any hearing which the Department is authorized
4 to conduct under this Act, and any other oaths required or
5 authorized to be administered by the Department under this
6 Act.
7 (Source: P.A. 90-61, eff. 12-30-97.)
8 (225 ILCS 65/20-100, formerly 65/36)
9 Sec. 20-100. 36. Board report. At the conclusion of the
10 hearing the Board shall present to the Director a written
11 report of its findings of fact, conclusions of law, and
12 recommendations. The report shall contain a finding whether
13 or not the accused person violated this Act or failed to
14 comply with the conditions required in this Act. The report
15 shall specify the nature of the violation or failure to
16 comply, and the Board shall make its recommendations to the
17 Director.
18 The report of findings of fact, conclusions of law, and
19 recommendation of the Board shall be the basis for the
20 Department's order of refusal or for the granting of a
21 license or permit unless the Director shall determine that
22 the report is contrary to the manifest weight of the
23 evidence, in which case the Director may issue an order in
24 contravention of the report. The findings are not admissible
25 in evidence against the person in a criminal prosecution
26 brought for the violation of this Act, but the hearing and
27 findings are not a bar to a criminal prosecution brought for
28 the violation of this Act.
29 (Source: P.A. 90-61, eff. 12-30-97.)
30 (225 ILCS 65/20-105, formerly 65/37)
31 Sec. 20-105. 37. Hearing officer. The Director shall have
32 the authority to appoint an attorney duly licensed to
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1 practice law in the State of Illinois to serve as the hearing
2 officer in any action before the Board to revoke, suspend,
3 place on probation, reprimand, fine, or take any other
4 disciplinary action with regard to a license. The hearing
5 officer shall have full authority to conduct the hearing.
6 The Board shall have the right to have at least one member
7 present at any hearing conducted by such hearing officer.
8 There may be present at least one RN member of the Board at
9 any such hearing or disciplinary conference. An LPN member
10 or LPN educator may be present for hearings and disciplinary
11 conferences of an LPN. The hearing officer shall report her
12 or his findings and recommendations to the Board within 30
13 days of the receipt of the record. The Board shall have 90
14 days from receipt of the report to review the report of the
15 hearing officer and present their findings of fact,
16 conclusions of law and recommendations to the Director. If
17 the Board fails to present its report within the 90-day
18 period, the Director may issue an order based on the report
19 of the hearing officer. However, if the Board does present
20 its report within the specified 90 days, the Director's
21 order shall be based upon the report of the Board.
22 (Source: P.A. 90-61, eff. 12-30-97.)
23 (225 ILCS 65/20-110, formerly 65/38)
24 Sec. 20-110. 38. Motion for rehearing. In any case
25 involving refusal to issue, renew, or the discipline of a
26 license, a copy of the Board's report shall be served upon
27 the respondent by the Department, either personally or as
28 provided in this Act, for the service of the notice of
29 hearing. Within 20 days after such service, the respondent
30 may present to the Department a motion in writing for a
31 rehearing, which motion shall specify the particular grounds
32 for a rehearing. If no motion for rehearing is filed, then
33 upon the expiration of the time then upon such denial the
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1 Director may enter an order in accordance with
2 recommendations of the Board except as provided in Sections
3 20-100 and 20-105 Section 36 and 37 of this Act. If the
4 respondent shall order from the reporting service, and pay
5 for a transcript of the record within the time for filing a
6 motion for rehearing, the 20 day period within which such a
7 motion may be filed shall commence upon the delivery of the
8 transcript to the respondent.
9 (Source: P.A. 90-61, eff. 12-30-97.)
10 (225 ILCS 65/20-115, formerly 65/39)
11 Sec. 20-115. 39. Order for rehearing. Whenever the
12 Director is satisfied that substantial justice has not been
13 done in the revocation, suspension, or refusal to issue or
14 renew a license, the Director may order a hearing by the same
15 or another hearing officer or the Board.
16 (Source: P.A. 90-61, eff. 12-30-97.)
17 (225 ILCS 65/20-120, formerly 65/40)
18 Sec. 20-120. 40. Order of Director. An order regarding
19 any disciplinary action, or a certified copy thereof over the
20 seal of the Department and purporting to be signed by the
21 Director shall be prima facie evidence that:
22 (a) such signature is the genuine signature of the
23 Director;
24 (b) that such Director is duly appointed and qualified;
25 and
26 (c) that the Board and the Board members are qualified
27 to act.
28 (Source: P.A. 90-61, eff. 12-30-97.)
29 (225 ILCS 65/20-125, formerly 65/41)
30 Sec. 20-125. 41. Restoration after suspension or
31 revocation. At any time after the suspension or revocation
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1 of any license, the Department may restore it to the accused
2 person, unless, after an investigation and a hearing, the
3 Department determines that restoration is not in the public
4 interest.
5 (Source: P.A. 85-981.)
6 (225 ILCS 65/20-130, formerly 65/42)
7 Sec. 20-130. 42. Surrender of license. Upon revocation or
8 suspension of any license, the licensee shall forthwith
9 surrender the license to the Department and if the licensee
10 fails to do so, the Department shall have the right to seize
11 the license.
12 (Source: P.A. 90-61, eff. 12-30-97.)
13 (225 ILCS 65/20-135, formerly 65/43)
14 Sec. 20-135. 43. Temporary suspension. The Director may
15 temporarily suspend the license of a nurse without a hearing,
16 simultaneously with the institution of proceedings for a
17 hearing provided for in Section 20-80 32 of this Act, if the
18 Director finds that evidence in his or her possession
19 indicates that continuation in practice would constitute an
20 imminent danger to the public. In the event that the
21 Director suspends, temporarily, this license without a
22 hearing, a hearing by the Department must be held within 30
23 days after the suspension has occurred, and be concluded
24 without appreciable delay.
25 Proceedings for judicial review shall be commenced in the
26 circuit court of the county in which the party applying for
27 review resides; but if the party is not a resident of this
28 State, the venue shall be in Sangamon County.
29 (Source: P.A. 90-61, eff. 12-30-97.)
30 (225 ILCS 65/20-140, formerly 65/44)
31 Sec. 20-140. 44. Administrative Review Law. All final
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1 administrative decisions of the Department hereunder shall be
2 subject to judicial review pursuant to the revisions of the
3 "Administrative Review Law," and all amendments and
4 modifications thereof, and the rule adopted pursuant thereto.
5 The term "administrative decision" is defined as in Section
6 3-101 of the Code of Civil Procedure.
7 (Source: P.A. 85-981.)
8 (225 ILCS 65/20-145, formerly 65/45)
9 Sec. 20-145. 45. Certification of record. The Department
10 shall not be required to certify any record to the Court or
11 file any answer in court or otherwise appear in any court in
12 a judicial review proceeding, unless there is filed in the
13 court, with the complaint, a receipt from the Department
14 acknowledging payment of the costs of furnishing and
15 certifying the record. Failure on the part of the plaintiff
16 to file such receipt in Court shall be grounds for dismissal
17 of the action.
18 (Source: P.A. 87-1031.)
19 (225 ILCS 65/20-150, formerly 65/46)
20 Sec. 20-150. 46. Criminal penalties. Any person who is
21 found to have violated any provision of this Act is guilty of
22 a Class A misdemeanor. On conviction of a second or
23 subsequent offense, the violator shall be guilty of a Class 4
24 felony.
25 (Source: P.A. 85-981.)
26 (225 ILCS 65/20-155, formerly 65/47)
27 Sec. 20-155. 47. Pending actions. All disciplinary
28 actions taken or pending pursuant to the Illinois Nursing
29 Act, approved June 14, 1951, as amended, shall, for the
30 actions taken, remain in effect, and for the actions pending,
31 shall be continued, on the effective date of this Act without
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1 having separate actions filed by the Department.
2 (Source: P.A. 90-61, eff. 12-30-97.)
3 (225 ILCS 65/20-160, formerly 65/48)
4 Sec. 20-160. 48. Illinois Administrative Procedure Act.
5 The Illinois Administrative Procedure Act is hereby expressly
6 adopted and incorporated herein as if all of the provisions
7 of that Act were included in this Act, except that the
8 provision of subsection (d) of Section 10-65 of the Illinois
9 Administrative Procedure Act that provides that at hearings
10 the licensee has the right to show compliance with all lawful
11 requirements for retention, continuation or renewal of the
12 license is specifically excluded. For the purposes of this
13 Act, the notice required under Section 10-25 of the Illinois
14 Administrative Procedure Act is deemed sufficient when mailed
15 to the last known address of a party.
16 (Source: P.A. 88-45.)
17 (225 ILCS 65/20-165, formerly 65/49)
18 Sec. 20-165. 49. Home rule preemption. It is declared to
19 be the public policy of this State, pursuant to paragraphs
20 (h) and (i) of Section 6 of Article VII of the Illinois
21 Constitution of 1970, that any power or function set forth in
22 this Act to be exercised by the State is an exclusive State
23 power or function. Such power or function shall not be
24 exercised concurrently, either directly or indirectly, by any
25 unit of local government, including home rule units, except
26 as otherwise provided in this Act.
27 (Source: P.A. 85-981.)
28 (225 ILCS 65/10 rep.)
29 (225 ILCS 65/11 rep.)
30 (225 ILCS 65/20 rep.)
31 (225 ILCS 65/25 rep.)
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1 (225 ILCS 65/28 rep.)
2 Section 20. The Illinois Nursing Act of 1987 is amended
3 by repealing Sections 10, 11, 20, 25, and 28.
4 Section 30. The Pharmacy Practice Act of 1987 is amended
5 by changing Sections 3 and 4 as follows:
6 (225 ILCS 85/3) (from Ch. 111, par. 4123)
7 Sec. 3. Definitions. For the purpose of this Act, except
8 where otherwise limited therein:
9 (a) "Pharmacy" or "drugstore" means and includes every
10 store, shop, pharmacy department, or other place where
11 pharmaceutical care is provided by a pharmacist (1) where
12 drugs, medicines, or poisons are dispensed, sold or offered
13 for sale at retail, or displayed for sale at retail; or (2)
14 where prescriptions of physicians, dentists, veterinarians,
15 podiatrists, or therapeutically certified optometrists,
16 within the limits of their licenses, are compounded, filled,
17 or dispensed; or (3) which has upon it or displayed within
18 it, or affixed to or used in connection with it, a sign
19 bearing the word or words "Pharmacist", "Druggist",
20 "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
21 "Medicine Store", "Prescriptions", "Drugs", "Medicines", or
22 any word or words of similar or like import, either in the
23 English language or any other language; or (4) where the
24 characteristic prescription sign (Rx) or similar design is
25 exhibited; or (5) any store, or shop, or other place with
26 respect to which any of the above words, objects, signs or
27 designs are used in any advertisement.
28 (b) "Drugs" means and includes (l) articles recognized
29 in the official United States Pharmacopoeia/National
30 Formulary (USP/NF), or any supplement thereto and being
31 intended for and having for their main use the diagnosis,
32 cure, mitigation, treatment or prevention of disease in man
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1 or other animals, as approved by the United States Food and
2 Drug Administration, but does not include devices or their
3 components, parts, or accessories; and (2) all other articles
4 intended for and having for their main use the diagnosis,
5 cure, mitigation, treatment or prevention of disease in man
6 or other animals, as approved by the United States Food and
7 Drug Administration, but does not include devices or their
8 components, parts, or accessories; and (3) articles (other
9 than food) having for their main use and intended to affect
10 the structure or any function of the body of man or other
11 animals; and (4) articles having for their main use and
12 intended for use as a component or any articles specified in
13 clause (l), (2) or (3); but does not include devices or their
14 components, parts or accessories.
15 (c) "Medicines" means and includes all drugs intended
16 for human or veterinary use approved by the United States
17 Food and Drug Administration.
18 (d) "Practice of pharmacy" means the provision of
19 pharmaceutical care to patients as determined by the
20 pharmacist's professional judgment in the following areas,
21 which may include but are not limited to (1) patient
22 counseling, (2) interpretation and assisting in the
23 monitoring of appropriate drug use and prospective drug
24 utilization review, (3) providing information on the
25 therapeutic values, reactions, drug interactions, side
26 effects, uses, selection of medications and medical devices,
27 and outcome of drug therapy, (4) participation in drug
28 selection, drug monitoring, drug utilization review,
29 evaluation, administration, interpretation, application of
30 pharmacokinetic and laboratory data to design safe and
31 effective drug regimens, (5) drug research (clinical and
32 scientific), and (6) compounding and dispensing of drugs and
33 medical devices.
34 (e) "Prescription" means and includes any written, oral,
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1 facsimile, or electronically transmitted order for drugs or
2 medical devices, issued by a physician licensed to practice
3 medicine in all its branches, dentist, veterinarian, or
4 podiatrist, or therapeutically certified optometrist, within
5 the limits of their licenses, or by a physician assistant in
6 accordance with subsection (f) of Section 4, or by an
7 advanced practice nurse in accordance with subsection (g) of
8 Section 4, containing the following: (l) name of the patient;
9 (2) date when prescription was issued; (3) name and strength
10 of drug or description of the medical device prescribed; and
11 (4) quantity, (5) directions for use, (6) prescriber's name,
12 address and signature, and (7) DEA number where required, for
13 controlled substances. DEA numbers shall not be required on
14 inpatient drug orders.
15 (f) "Person" means and includes a natural person,
16 copartnership, association, corporation, government entity,
17 or any other legal entity.
18 (g) "Department" means the Department of Professional
19 Regulation.
20 (h) "Board of Pharmacy" or "Board" means the State Board
21 of Pharmacy of the Department of Professional Regulation.
22 (i) "Director" means the Director of Professional
23 Regulation.
24 (j) "Drug product selection" means the interchange for a
25 prescribed pharmaceutical product in accordance with Section
26 25 of this Act and Section 3.14 of the Illinois Food, Drug
27 and Cosmetic Act.
28 (k) "Inpatient drug order" means an order issued by an
29 authorized prescriber for a resident or patient of a facility
30 licensed under the Nursing Home Care Act or the Hospital
31 Licensing Act, or "An Act in relation to the founding and
32 operation of the University of Illinois Hospital and the
33 conduct of University of Illinois health care programs",
34 approved July 3, 1931, as amended, or a facility which is
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1 operated by the Department of Human Services (as successor to
2 the Department of Mental Health and Developmental
3 Disabilities) or the Department of Corrections.
4 (k-5) "Pharmacist" means an individual currently
5 licensed by this State to engage in the practice of pharmacy.
6 (l) "Pharmacist in charge" means the licensed pharmacist
7 whose name appears on a pharmacy license who is responsible
8 for all aspects of the operation related to the practice of
9 pharmacy.
10 (m) "Dispense" means the delivery of drugs and medical
11 devices, in accordance with applicable State and federal laws
12 and regulations, to the patient or the patient's
13 representative authorized to receive these products,
14 including the compounding, packaging, and labeling necessary
15 for delivery, and any recommending or advising concerning the
16 contents and therapeutic values and uses thereof. "Dispense"
17 does not mean the physical delivery to a patient or a
18 patient's representative in a home or institution by a
19 designee of a pharmacist or by common carrier. "Dispense"
20 also does not mean the physical delivery of a drug or medical
21 device to a patient or patient's representative by a
22 pharmacist's designee within a pharmacy or drugstore while
23 the pharmacist is on duty and the pharmacy is open.
24 (n) "Mail-order pharmacy" means a pharmacy that is
25 located in a state of the United States, other than Illinois,
26 that delivers, dispenses or distributes, through the United
27 States Postal Service or other common carrier, to Illinois
28 residents, any substance which requires a prescription.
29 (o) "Compounding" means the preparation, mixing,
30 assembling, packaging, or labeling of a drug or medical
31 device: (1) as the result of a practitioner's prescription
32 drug order or initiative that is dispensed pursuant to a
33 prescription in the course of professional practice; or (2)
34 for the purpose of, or incident to, research, teaching, or
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1 chemical analysis; or (3) in anticipation of prescription
2 drug orders based on routine, regularly observed prescribing
3 patterns.
4 (p) "Confidential information" means information,
5 maintained by the pharmacist in the patient's records,
6 released only (i) to the patient or, as the patient directs,
7 to other practitioners and other pharmacists or (ii) to any
8 other person authorized by law to receive the information.
9 (q) "Prospective drug review" or "drug utilization
10 evaluation" means a screening for potential drug therapy
11 problems due to therapeutic duplication, drug-disease
12 contraindications, drug-drug interactions (including serious
13 interactions with nonprescription or over-the-counter drugs),
14 drug-food interactions, incorrect drug dosage or duration of
15 drug treatment, drug-allergy interactions, and clinical abuse
16 or misuse.
17 (r) "Patient counseling" means the communication between
18 a pharmacist or a student pharmacist under the direct
19 supervision of a pharmacist and a patient or the patient's
20 representative about the patient's medication or device for
21 the purpose of optimizing proper use of prescription
22 medications or devices. The offer to counsel by the
23 pharmacist or the pharmacist's designee, and subsequent
24 patient counseling by the pharmacist or student pharmacist,
25 shall be made in a face-to-face communication with the
26 patient or patient's representative unless, in the
27 professional judgment of the pharmacist, a face-to-face
28 communication is deemed inappropriate or unnecessary. In
29 that instance, the offer to counsel or patient counseling may
30 be made in a written communication, by telephone, or in a
31 manner determined by the pharmacist to be appropriate.
32 (s) "Patient profiles" or "patient drug therapy record"
33 means the obtaining, recording, and maintenance of patient
34 prescription and personal information.
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1 (t) "Pharmaceutical care" includes, but is not limited
2 to, the act of monitoring drug use and other patient care
3 services intended to achieve outcomes that improve the
4 patient's quality of life but shall not include the sale of
5 over-the-counter drugs by a seller of goods and services who
6 does not dispense prescription drugs.
7 (u) "Medical device" means an instrument, apparatus,
8 implement, machine, contrivance, implant, in vitro reagent,
9 or other similar or related article, including any component
10 part or accessory, required under federal law to bear the
11 label "Caution: Federal law requires dispensing by or on the
12 order of a physician". A seller of goods and services who,
13 only for the purpose of retail sales, compounds, sells,
14 rents, or leases medical devices shall not, by reasons
15 thereof, be required to be a licensed pharmacy.
16 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97;
17 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; revised 8-5-97.)
18 (225 ILCS 85/4) (from Ch. 111, par. 4124)
19 Sec. 4. Exemptions. Nothing contained in any Section of
20 this Act shall apply to, or in any manner interfere with:
21 (a) the lawful practice of any physician licensed to
22 practice medicine in all of its branches, dentist,
23 podiatrist, veterinarian, or therapeutically or
24 diagnostically certified optometrist within the limits of his
25 or her license, or prevent him or her from supplying to his
26 or her bona fide patients such drugs, medicines, or poisons
27 as may seem to him appropriate;
28 (b) the sale of compressed gases;
29 (c) the sale of patent or proprietary medicines and
30 household remedies when sold in original and unbroken
31 packages only, if such patent or proprietary medicines and
32 household remedies be properly and adequately labeled as to
33 content and usage and generally considered and accepted as
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1 harmless and nonpoisonous when used according to the
2 directions on the label, and also do not contain opium or
3 coca leaves, or any compound, salt or derivative thereof, or
4 any drug which, according to the latest editions of the
5 following authoritative pharmaceutical treatises and
6 standards, namely, The United States Pharmacopoeia/National
7 Formulary (USP/NF), the United States Dispensatory, and the
8 Accepted Dental Remedies of the Council of Dental
9 Therapeutics of the American Dental Association or any or
10 either of them, in use on the effective date of this Act, or
11 according to the existing provisions of the Federal Food,
12 Drug, and Cosmetic Act and Regulations of the Department of
13 Health and Human Services, Food and Drug Administration,
14 promulgated thereunder now in effect, is designated,
15 described or considered as a narcotic, hypnotic, habit
16 forming, dangerous, or poisonous drug;
17 (d) the sale of poultry and livestock remedies in
18 original and unbroken packages only, labeled for poultry and
19 livestock medication; and
20 (e) the sale of poisonous substances or mixture of
21 poisonous substances, in unbroken packages, for nonmedicinal
22 use in the arts or industries or for insecticide purposes;
23 provided, they are properly and adequately labeled as to
24 content and such nonmedicinal usage, in conformity with the
25 provisions of all applicable federal, state and local laws
26 and regulations promulgated thereunder now in effect relating
27 thereto and governing the same, and those which are required
28 under such applicable laws and regulations to be labeled with
29 the word "Poison", are also labeled with the word "Poison"
30 printed thereon in prominent type and the name of a readily
31 obtainable antidote with directions for its administration;
32 and
33 (f) the delegation of limited prescriptive authority by
34 a physician licensed to practice medicine in all its branches
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1 to a physician assistant under Section 7.5 of the Physician
2 Assistant Practice Act of 1987. This delegated authority may
3 but is not required to include prescription of Schedule III,
4 IV, or V controlled substances, as defined in Article II of
5 the Illinois Controlled Substances Act, in accordance with
6 written guidelines under Section 7.5 of the Physician
7 Assistant Practice Act of 1987; and.
8 (g) The delegation of limited prescriptive authority by
9 a physician licensed to practice medicine in all its branches
10 to an advanced practice nurse in accordance with a written
11 collaborative agreement under Sections 15-15 and 15-20 of the
12 Nursing and Advanced Practice Nursing Act. This delegated
13 authority may but is not required to include the prescription
14 of Schedule III, IV, or V controlled substances as defined in
15 Article II of the Illinois Controlled Substances Act.
16 (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
17 revised 8-5-97.)
18 Section 35. The Illinois Controlled Substances Act is
19 amended by changing Sections 102 and 103 as follows:
20 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
21 Sec. 102. Definitions. As used in this Act, unless the
22 context otherwise requires:
23 (a) "Addict" means any person who habitually uses any
24 drug, chemical, substance or dangerous drug other than
25 alcohol so as to endanger the public morals, health, safety
26 or welfare or who is so far addicted to the use of a
27 dangerous drug or controlled substance other than alcohol as
28 to have lost the power of self control with reference to his
29 addiction.
30 (b) "Administer" means the direct application of a
31 controlled substance, whether by injection, inhalation,
32 ingestion, or any other means, to the body of a patient or
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1 research subject by:
2 (1) a practitioner (or, in his presence, by his
3 authorized agent), or
4 (2) the patient or research subject at the lawful
5 direction of the practitioner.
6 (c) "Agent" means an authorized person who acts on
7 behalf of or at the direction of a manufacturer, distributor,
8 or dispenser. It does not include a common or contract
9 carrier, public warehouseman or employee of the carrier or
10 warehouseman.
11 (c-1) "Anabolic Steroids" means any drug or hormonal
12 substance, chemically and pharmacologically related to
13 testosterone (other than estrogens, progestins, and
14 corticosteroids) that promotes muscle growth, and includes:
15 (i) boldenone,
16 (ii) chlorotestosterone,
17 (iii) chostebol,
18 (iv) dehydrochlormethyltestosterone,
19 (v) dihydrotestosterone,
20 (vi) drostanolone,
21 (vii) ethylestrenol,
22 (viii) fluoxymesterone,
23 (ix) formebulone,
24 (x) mesterolone,
25 (xi) methandienone,
26 (xii) methandranone,
27 (xiii) methandriol,
28 (xiv) methandrostenolone,
29 (xv) methenolone,
30 (xvi) methyltestosterone,
31 (xvii) mibolerone,
32 (xviii) nandrolone,
33 (xix) norethandrolone,
34 (xx) oxandrolone,
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1 (xxi) oxymesterone,
2 (xxii) oxymetholone,
3 (xxiii) stanolone,
4 (xxiv) stanozolol,
5 (xxv) testolactone,
6 (xxvi) testosterone,
7 (xxvii) trenbolone, and
8 (xxviii) any salt, ester, or isomer of a drug
9 or substance described or listed in this paragraph,
10 if that salt, ester, or isomer promotes muscle
11 growth.
12 Any person who is otherwise lawfully in possession of an
13 anabolic steroid, or who otherwise lawfully manufactures,
14 distributes, dispenses, delivers, or possesses with intent to
15 deliver an anabolic steroid, which anabolic steroid is
16 expressly intended for and lawfully allowed to be
17 administered through implants to livestock or other nonhuman
18 species, and which is approved by the Secretary of Health and
19 Human Services for such administration, and which the person
20 intends to administer or have administered through such
21 implants, shall not be considered to be in unauthorized
22 possession or to unlawfully manufacture, distribute,
23 dispense, deliver, or possess with intent to deliver such
24 anabolic steroid for purposes of this Act.
25 (d) "Administration" means the Drug Enforcement
26 Administration, United States Department of Justice, or its
27 successor agency.
28 (e) "Control" means to add a drug or other substance, or
29 immediate precursor, to a Schedule under Article II of this
30 Act whether by transfer from another Schedule or otherwise.
31 (f) "Controlled Substance" means a drug, substance, or
32 immediate precursor in the Schedules of Article II of this
33 Act.
34 (g) "Counterfeit substance" means a controlled
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1 substance, which, or the container or labeling of which,
2 without authorization bears the trademark, trade name, or
3 other identifying mark, imprint, number or device, or any
4 likeness thereof, of a manufacturer, distributor, or
5 dispenser other than the person who in fact manufactured,
6 distributed, or dispensed the substance.
7 (h) "Deliver" or "delivery" means the actual,
8 constructive or attempted transfer of possession of a
9 controlled substance, with or without consideration, whether
10 or not there is an agency relationship.
11 (i) "Department" means the Illinois Department of Human
12 Services (as successor to the Department of Alcoholism and
13 Substance Abuse) or its successor agency.
14 (j) "Department of State Police" means the Department of
15 State Police of the State of Illinois or its successor
16 agency.
17 (k) "Department of Corrections" means the Department of
18 Corrections of the State of Illinois or its successor agency.
19 (l) "Department of Professional Regulation" means the
20 Department of Professional Regulation of the State of
21 Illinois or its successor agency.
22 (m) "Depressant" or "stimulant substance" means:
23 (1) a drug which contains any quantity of (i)
24 barbituric acid or any of the salts of barbituric acid
25 which has been designated as habit forming under section
26 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
27 U.S.C. 352 (d)); or
28 (2) a drug which contains any quantity of (i)
29 amphetamine or methamphetamine and any of their optical
30 isomers; (ii) any salt of amphetamine or methamphetamine
31 or any salt of an optical isomer of amphetamine; or (iii)
32 any substance which the Department, after investigation,
33 has found to be, and by rule designated as, habit forming
34 because of its depressant or stimulant effect on the
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1 central nervous system; or
2 (3) lysergic acid diethylamide; or
3 (4) any drug which contains any quantity of a
4 substance which the Department, after investigation, has
5 found to have, and by rule designated as having, a
6 potential for abuse because of its depressant or
7 stimulant effect on the central nervous system or its
8 hallucinogenic effect.
9 (n) "Designated product" means any narcotic drug,
10 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
11 pentazocine or cannabis product listed in Schedule II and
12 also means a controlled substance listed in Schedule II which
13 is determined and designated by the Department or its
14 successor agency to be such a product. A designated product
15 shall only be dispensed upon an official prescription blank.
16 (o) "Director" means the Director of the Department of
17 State Police or the Department of Professional Regulation or
18 his designated agents.
19 (p) "Dispense" means to deliver a controlled substance
20 to an ultimate user or research subject by or pursuant to the
21 lawful order of a prescriber, including the prescribing,
22 administering, packaging, labeling, or compounding necessary
23 to prepare the substance for that delivery.
24 (q) "Dispenser" means a practitioner who dispenses.
25 (r) "Distribute" means to deliver, other than by
26 administering or dispensing, a controlled substance.
27 (s) "Distributor" means a person who distributes.
28 (t) "Drug" means (1) substances recognized as drugs in
29 the official United States Pharmacopoeia, Official
30 Homeopathic Pharmacopoeia of the United States, or official
31 National Formulary, or any supplement to any of them; (2)
32 substances intended for use in diagnosis, cure, mitigation,
33 treatment, or prevention of disease in man or animals; (3)
34 substances (other than food) intended to affect the structure
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1 of any function of the body of man or animals and (4)
2 substances intended for use as a component of any article
3 specified in clause (1), (2), or (3) of this subsection. It
4 does not include devices or their components, parts, or
5 accessories.
6 (u) "Good faith" means the prescribing or dispensing of
7 a controlled substance by a practitioner in the regular
8 course of professional treatment to or for any person who is
9 under his treatment for a pathology or condition other than
10 that individual's physical or psychological dependence upon
11 or addiction to a controlled substance, except as provided
12 herein: and application of the term to a pharmacist shall
13 mean the dispensing of a controlled substance pursuant to the
14 prescriber's order which in the professional judgment of the
15 pharmacist is lawful. The pharmacist shall be guided by
16 accepted professional standards including, but not limited to
17 the following, in making the judgment:
18 (1) lack of consistency of doctor-patient
19 relationship,
20 (2) frequency of prescriptions for same drug by one
21 prescriber for large numbers of patients,
22 (3) quantities beyond those normally prescribed,
23 (4) unusual dosages,
24 (5) unusual geographic distances between patient,
25 pharmacist and prescriber,
26 (6) consistent prescribing of habit-forming drugs.
27 (u-1) "Home infusion services" means services provided
28 by a pharmacy in compounding solutions for direct
29 administration to a patient in a private residence, long-term
30 care facility, or hospice setting by means of parenteral,
31 intravenous, intramuscular, subcutaneous, or intraspinal
32 infusion.
33 (v) "Immediate precursor" means a substance:
34 (1) which the Department has found to be and by
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1 rule designated as being a principal compound used, or
2 produced primarily for use, in the manufacture of a
3 controlled substance;
4 (2) which is an immediate chemical intermediary
5 used or likely to be used in the manufacture of such
6 controlled substance; and
7 (3) the control of which is necessary to prevent,
8 curtail or limit the manufacture of such controlled
9 substance.
10 (w) "Instructional activities" means the acts of
11 teaching, educating or instructing by practitioners using
12 controlled substances within educational facilities approved
13 by the State Board of Education or its successor agency.
14 (x) "Local authorities" means a duly organized State,
15 County or Municipal peace unit or police force.
16 (y) "Look-alike substance" means a substance, other than
17 a controlled substance which (1) by overall dosage unit
18 appearance, including shape, color, size, markings or lack
19 thereof, taste, consistency, or any other identifying
20 physical characteristic of the substance, would lead a
21 reasonable person to believe that the substance is a
22 controlled substance, or (2) is expressly or impliedly
23 represented to be a controlled substance or is distributed
24 under circumstances which would lead a reasonable person to
25 believe that the substance is a controlled substance. For the
26 purpose of determining whether the representations made or
27 the circumstances of the distribution would lead a reasonable
28 person to believe the substance to be a controlled substance
29 under this clause (2) of subsection (y), the court or other
30 authority may consider the following factors in addition to
31 any other factor that may be relevant:
32 (a) statements made by the owner or person in
33 control of the substance concerning its nature, use or
34 effect;
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1 (b) statements made to the buyer or recipient that
2 the substance may be resold for profit;
3 (c) whether the substance is packaged in a manner
4 normally used for the illegal distribution of controlled
5 substances;
6 (d) whether the distribution or attempted
7 distribution included an exchange of or demand for money
8 or other property as consideration, and whether the
9 amount of the consideration was substantially greater
10 than the reasonable retail market value of the substance.
11 Clause (1) of this subsection (y) shall not apply to a
12 noncontrolled substance in its finished dosage form that was
13 initially introduced into commerce prior to the initial
14 introduction into commerce of a controlled substance in its
15 finished dosage form which it may substantially resemble.
16 Nothing in this subsection (y) prohibits the dispensing
17 or distributing of noncontrolled substances by persons
18 authorized to dispense and distribute controlled substances
19 under this Act, provided that such action would be deemed to
20 be carried out in good faith under subsection (u) if the
21 substances involved were controlled substances.
22 Nothing in this subsection (y) or in this Act prohibits
23 the manufacture, preparation, propagation, compounding,
24 processing, packaging, advertising or distribution of a drug
25 or drugs by any person registered pursuant to Section 510 of
26 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
27 (y-1) "Mail-order pharmacy" means a pharmacy that is
28 located in a state of the United States, other than Illinois,
29 that delivers, dispenses or distributes, through the United
30 States Postal Service or other common carrier, to Illinois
31 residents, any substance which requires a prescription.
32 (z) "Manufacture" means the production, preparation,
33 propagation, compounding, conversion or processing of a
34 controlled substance, either directly or indirectly, by
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1 extraction from substances of natural origin, or
2 independently by means of chemical synthesis, or by a
3 combination of extraction and chemical synthesis, and
4 includes any packaging or repackaging of the substance or
5 labeling of its container, except that this term does not
6 include:
7 (1) by an ultimate user, the preparation or
8 compounding of a controlled substance for his own use; or
9 (2) by a practitioner, or his authorized agent
10 under his supervision, the preparation, compounding,
11 packaging, or labeling of a controlled substance:
12 (a) as an incident to his administering or
13 dispensing of a controlled substance in the course
14 of his professional practice; or
15 (b) as an incident to lawful research,
16 teaching or chemical analysis and not for sale.
17 (aa) "Narcotic drug" means any of the following, whether
18 produced directly or indirectly by extraction from substances
19 of natural origin, or independently by means of chemical
20 synthesis, or by a combination of extraction and chemical
21 synthesis:
22 (1) opium and opiate, and any salt, compound,
23 derivative, or preparation of opium or opiate;
24 (2) any salt, compound, isomer, derivative, or
25 preparation thereof which is chemically equivalent or
26 identical with any of the substances referred to in
27 clause (1), but not including the isoquinoline alkaloids
28 of opium;
29 (3) opium poppy and poppy straw;
30 (4) coca leaves and any salts, compound, isomer,
31 salt of an isomer, derivative, or preparation of coca
32 leaves including cocaine or ecgonine, and any salt,
33 compound, isomer, derivative, or preparation thereof
34 which is chemically equivalent or identical with any of
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1 these substances, but not including decocainized coca
2 leaves or extractions of coca leaves which do not contain
3 cocaine or ecgonine (for the purpose of this paragraph,
4 the term "isomer" includes optical, positional and
5 geometric isomers).
6 (bb) "Nurse" means a registered nurse licensed under the
7 Illinois Nursing and Advanced Practice Nursing Act of 1987.
8 (cc) "Official prescription blanks" means the triplicate
9 prescription forms supplied to prescribers by the Department
10 for prescribing Schedule II Designated Product controlled
11 substances.
12 (dd) "Opiate" means any substance having an addiction
13 forming or addiction sustaining liability similar to morphine
14 or being capable of conversion into a drug having addiction
15 forming or addiction sustaining liability.
16 (ee) "Opium poppy" means the plant of the species
17 Papaver somniferum L., except its seeds.
18 (ff) "Parole and Pardon Board" means the Parole and
19 Pardon Board of the State of Illinois or its successor
20 agency.
21 (gg) "Person" means any individual, corporation,
22 mail-order pharmacy, government or governmental subdivision
23 or agency, business trust, estate, trust, partnership or
24 association, or any other entity.
25 (hh) "Pharmacist" means any person who holds a
26 certificate of registration as a registered pharmacist, a
27 local registered pharmacist or a registered assistant
28 pharmacist under the Pharmacy Practice Act of 1987.
29 (ii) "Pharmacy" means any store, ship or other place in
30 which pharmacy is authorized to be practiced under the
31 Pharmacy Practice Act of 1987.
32 (jj) "Poppy straw" means all parts, except the seeds, of
33 the opium poppy, after mowing.
34 (kk) "Practitioner" means a physician licensed to
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1 practice medicine in all its branches, dentist, podiatrist,
2 veterinarian, scientific investigator, pharmacist, physician
3 assistant, advanced practice nurse, licensed practical nurse,
4 registered nurse, hospital, laboratory, or pharmacy, or other
5 person licensed, registered, or otherwise lawfully permitted
6 by the United States or this State to distribute, dispense,
7 conduct research with respect to, administer or use in
8 teaching or chemical analysis, a controlled substance in the
9 course of professional practice or research.
10 (ll) "Pre-printed prescription" means a written
11 prescription upon which the designated drug has been
12 indicated prior to the time of issuance.
13 (mm) "Prescriber" means a physician licensed to practice
14 medicine in all its branches, dentist, podiatrist or
15 veterinarian who issues a prescription, or a physician
16 assistant who issues a prescription for a Schedule III, IV,
17 or V controlled substance as delegated by a physician
18 licensed to practice medicine in all its branches in
19 accordance with the written guidelines required under Section
20 7.5 of the Physician Assistant Practice Act of 1987, or an
21 advanced practice nurse with prescriptive authority, as
22 delegated by a physician licensed to practice medicine in all
23 its branches, in accordance with a written collaborative
24 agreement under Sections 15-15 and 15-20 of the Nursing and
25 Advanced Practice Nursing Act.
26 (nn) "Prescription" means a lawful written, facsimile,
27 or verbal order of a physician licensed to practice medicine
28 in all its branches, dentist, podiatrist or veterinarian for
29 any controlled substance, or of a physician assistant for a
30 Schedule III, IV, or V controlled substance as delegated by a
31 physician licensed to practice medicine in all its branches
32 in accordance with the written guidelines required under
33 Section 7.5 of the Physician Assistant Practice Act of 1987,
34 or of an advanced practice nurse who issues a prescription
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1 for a Schedule III, IV, or V controlled substance, pursuant
2 to prescriptive authority delegated by a physician licensed
3 to practice medicine in all its branches, in accordance with
4 a written collaborative agreement under Sections 15-15 and
5 15-20 of the Nursing and Advanced Practice Nursing Act.
6 (oo) "Production" or "produce" means manufacture,
7 planting, cultivating, growing, or harvesting of a controlled
8 substance.
9 (pp) "Registrant" means every person who is required to
10 register under Section 302 of this Act.
11 (qq) "Registry number" means the number assigned to each
12 person authorized to handle controlled substances under the
13 laws of the United States and of this State.
14 (rr) "State" includes the State of Illinois and any
15 state, district, commonwealth, territory, insular possession
16 thereof, and any area subject to the legal authority of the
17 United States of America.
18 (ss) "Ultimate user" means a person who lawfully
19 possesses a controlled substance for his own use or for the
20 use of a member of his household or for administering to an
21 animal owned by him or by a member of his household.
22 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97;
23 90-116, eff. 7-14-97.)
24 (720 ILCS 570/103) (from Ch. 56 1/2, par. 1103)
25 Sec. 103. Scope of Act. Nothing in this Act limits the
26 lawful authority granted by the Medical Practice Act of 1987,
27 the Illinois Nursing and Advanced Practice Nursing Act, of
28 1987 or the Pharmacy Practice Act of 1987.
29 (Source: P.A. 85-1209.)
30 Section 40. The Good Samaritan Act is amended by adding
31 Sections 3 and 34 and changing Sections 10, 25, 30, 35, 40,
32 45, 60, 70, and 75 as follows:
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1 (745 ILCS 49/3 new)
2 Sec. 3. Definition. In this Act, "willful or wanton
3 misconduct" means a course of action that shows an actual or
4 deliberate intention to cause harm or that, if not
5 intentional, shows an utter indifference to or conscious
6 disregard for the safety of others or their property.
7 (745 ILCS 49/10)
8 Sec. 10. Cardiopulmonary resuscitation; exemption from
9 civil liability for emergency care. Any person currently
10 certified in basic cardiopulmonary resuscitation who complies
11 with generally recognized standards, and who in good faith,
12 not for compensation, provides emergency cardiopulmonary
13 resuscitation to a person who is an apparent victim of acute
14 cardiopulmonary insufficiency shall not, as the result of his
15 or her acts or omissions in providing resuscitation, be
16 liable for civil damages, unless the acts or omissions
17 constitute willful and wanton misconduct.
18 (Source: P.A. 89-607, eff. 1-1-97.)
19 (745 ILCS 49/25)
20 Sec. 25. Physicians; exemption from civil liability for
21 emergency care. Any person licensed under the Medical
22 Practice Act of 1987 or any person licensed to practice the
23 treatment of human ailments in any other state or territory
24 of the United States, except a person licensed to practice
25 midwifery, who, in good faith and without prior notice of the
26 illness or injury, provides emergency care without fee to a
27 person, shall not, as a result of his or her their acts or
28 omissions, except willful or wanton misconduct on the part of
29 the person, in providing the care, be liable for civil
30 damages.
31 (Source: P.A. 89-607, eff. 1-1-97.)
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1 (745 ILCS 49/30)
2 Sec. 30. Free medical clinic; exemption from civil
3 liability for services performed without compensation.
4 (a) A person licensed under the Medical Practice Act of
5 1987, a person or licensed to practice the treatment of human
6 ailments in any other state or territory of the United
7 States, or a health care professional, including but not
8 limited to an advanced practice nurse, physician assistant,
9 nurse, pharmacist, physical therapist, podiatrist, or social
10 worker licensed in this State or any other state or territory
11 of the United States, except a person licensed to practice
12 midwifery, who, in good faith, provides medical treatment,
13 diagnosis, or advice as a part of the services of an
14 established free medical clinic providing care to medically
15 indigent patients which is limited to care that does not
16 require the services of a licensed hospital or ambulatory
17 surgical treatment center and who receives no fee or
18 compensation from that source shall not be liable for civil
19 damages as a result of his or her acts or omissions in
20 providing that medical treatment, except for willful or
21 wanton misconduct.
22 (b) For purposes of this Section, a "free medical
23 clinic" is an organized community based program providing
24 medical care without charge to individuals unable to pay for
25 it, at which the care provided does not include the use of
26 general anesthesia or require an overnight stay in a
27 health-care facility.
28 (c) The provisions of subsection (a) of this Section do
29 not apply to a particular case unless the free medical clinic
30 has posted in a conspicuous place on its premises an
31 explanation of the exemption from civil liability provided
32 herein.
33 (d) The immunity from civil damages provided under
34 subsection (a) also applies to physicians, hospitals, and
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1 other health care providers that provide further medical
2 treatment, diagnosis, or advice to a patient upon referral
3 from an established free medical clinic without fee or
4 compensation.
5 (e) Nothing in this Section prohibits a free medical
6 clinic from accepting voluntary contributions for medical
7 services provided to a patient who has acknowledged his or
8 her ability and willingness to pay a portion of the value of
9 the medical services provided.
10 Any voluntary contribution collected for providing care
11 at a free medical clinic shall be used only to pay overhead
12 expenses of operating the clinic. No portion of any moneys
13 collected shall be used to provide a fee or other
14 compensation to any person licensed under Medical Practice
15 Act of 1987.
16 (Source: P.A. 89-607, eff. 1-1-97.)
17 (745 ILCS 49/34 new)
18 Sec. 34. Advanced practice nurse; exemption from civil
19 liability for emergency care. A person licensed as an
20 advanced practice nurse under the Nursing and Advanced
21 Practice Nursing Act who in good faith provides emergency
22 care without fee to a person shall not be liable for civil
23 damages as a result of his or her acts or omissions, except
24 for willful or wanton misconduct on the part of the person in
25 providing the care.
26 (745 ILCS 49/35)
27 Sec. 35. Nurses; exemption from civil liability for
28 emergency care. Any person licensed under the Illinois
29 Nursing Act of 1987 or any person licensed as a professional
30 nurse, or as a practical nurse in Illinois or any other state
31 or territory of the United States who in good faith and
32 without prior notice of the illness or injury provides
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1 emergency care without fee to a person shall not, as a result
2 of her or his acts or omissions, except for willful or wanton
3 misconduct on the part of the person, in providing the care,
4 be liable for civil damages.
5 (Source: P.A. 89-607, eff. 1-1-97.)
6 (745 ILCS 49/40)
7 Sec. 40. Nurses; exemption from civil liability for
8 services performed without compensation.
9 (a) No person licensed as a professional nurse or as a
10 practical nurse under the Illinois Nursing and Advanced
11 Practice Nursing Act of 1987 who, without compensation,
12 renders nursing services, shall be liable, and no cause of
13 action may be brought, for damages resulting from an act or
14 omission in rendering such services unless the act or
15 omission involved willful or wanton misconduct.
16 (b) (Blank). As used in this Section "willful or wanton
17 misconduct" means a course of action which shows an actual or
18 deliberate intention to cause harm or which, if not
19 intentional, shows an utter indifference to or conscious
20 disregard for the safety of others or their property.
21 (c) As used in this Section "entity" means a
22 proprietorship, partnership, association or corporation,
23 whether or not operated for profit.
24 (d) Nothing in this Section is intended to bar any cause
25 of action against an entity or change the liability of an
26 entity which arises out of an act or omission of any person
27 exempt from liability for negligence under this Section.
28 (Source: P.A. 89-607, eff. 1-1-97.)
29 (745 ILCS 49/45)
30 Sec. 45. Physical Therapist; exemption from civil
31 liability for emergency care. Any physical therapist, as
32 defined in Section 1 of the Illinois Physical Therapy Act,
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1 who in good faith provides emergency care without fee to any
2 person shall not, as a result of his or her acts or
3 omissions, except willful and wanton misconduct on the part
4 of the person in providing the care, be liable to a person to
5 whom such care is provided for civil damages.
6 (Source: P.A. 89-607, eff. 1-1-97.)
7 (745 ILCS 49/60)
8 Sec. 60. Veterinarians; exemption from civil liability
9 for emergency care to humans. Any person licensed under the
10 Veterinary Medicine and Surgery Practice Act of 1994 or any
11 person licensed as a veterinarian in any other state or
12 territory of the United States who in good faith provides
13 emergency care to a human victim of an accident, at the scene
14 of an accident or in a catastrophe shall not be liable for
15 civil damages as a result of his or her acts or omissions,
16 except for willful or wanton misconduct on the part of the
17 person in providing the care.
18 (Source: P.A. 89-607, eff. 1-1-97.)
19 (745 ILCS 49/70)
20 Sec. 70. Law enforcement officers or firemen; exemption
21 from civil liability for emergency care. Any law
22 enforcement officer or fireman as defined in Section 2 of the
23 Law Enforcement Officers, Civil Defense Workers, Civil Air
24 Patrol Members, Paramedics, Firemen, Chaplains, and State
25 Employees Compensation Act, who in good faith provides
26 emergency care without fee to any person shall not, as a
27 result of his or her acts or omissions, except willful and
28 wanton misconduct on the part of the person, in providing the
29 care, be liable to a person to whom such care is provided for
30 civil damages.
31 (Source: P.A. 89-607, eff. 1-1-97.)
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1 (745 ILCS 49/75)
2 Sec. 75. Employers and employees under the Health and
3 Safety Act; exemption from civil liability for emergency
4 care. Any employer, who in good faith provides emergency
5 medical or first aid care without fee to any employee or any
6 other person employed on the same project shall not, as a
7 result of his or her acts or omissions, except willful and
8 wanton misconduct on the part of the employer, in providing
9 the care, be liable to such employee or such other person to
10 whom such care is provided for civil damages.
11 Any employee who in good faith provides emergency medical
12 or first aid care without fee to any other employee or any
13 other person employed on the same project shall not, as a
14 result of his or her acts or omissions, except for willful
15 and wanton misconduct on the part of the employee in
16 providing the care, be liable to the employee or other person
17 to whom the care is provided for civil damages.
18 Excluded from the operation of this Section are any
19 employees who are licensed physicians, nurses, dentists, or
20 other licensed health services personnel.
21 The provisions of this Section do not affect or in any
22 way diminish or change an employer's liability under the
23 Workers' Compensation Act, or the Workers' Occupational
24 Diseases Act.
25 This Section applies only to employers and employees
26 under the Health and Safety Act.
27 (Source: P.A. 89-607, eff. 1-1-97.)
28 Section 99. Effective date. This Act takes effect July
29 1, 1998.".