(225 ILCS 70/4)
(from Ch. 111, par. 3654)
(Section scheduled to be repealed on January 1, 2028)
For purposes of this Act, the following
definitions shall have the following meanings, except where the context
(1) "Act" means the Nursing Home Administrators
Licensing and Disciplinary Act.
(2) "Department" means the Department of Financial
and Professional Regulation.
(3) "Secretary" means the Secretary of Financial and
(4) "Board" means the Nursing Home Administrators
Licensing and Disciplinary Board.
(5) "Nursing home administrator" means the individual
licensed under this Act and directly responsible for planning, organizing, directing and supervising the operation of a nursing home, or who in fact performs such functions, whether or not such functions are delegated to one or more other persons.
(6) "Nursing home" or "facility" means any entity
that is required to be licensed by the Department of Public Health under the Nursing Home Care Act, as amended, other than a sheltered care home as defined thereunder, and includes private homes, institutions, buildings, residences, or other places, whether operated for profit or not, irrespective of the names attributed to them, county homes for the infirm and chronically ill operated pursuant to the County Nursing Home Act, as amended, and any similar institutions operated by a political subdivision of the State of Illinois that provide, through their ownership or management, maintenance, personal care, and nursing for 3 or more persons, not related to the owner by blood or marriage, or any similar facilities in which maintenance is provided to 3 or more persons who by reason of illness of physical infirmity require personal care and nursing. The term also means any facility licensed under the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013.
(7) "Maintenance" means food, shelter and laundry.
(8) "Personal care" means assistance with meals,
dressing, movement, bathing, or other personal needs, or general supervision of the physical and mental well-being of an individual who because of age, physical, or mental disability, emotion or behavior disorder, or an intellectual disability is incapable of managing his or her person, whether or not a guardian has been appointed for such individual. For the purposes of this Act, this definition does not include the professional services of a nurse.
(9) "Nursing" means professional nursing or practical
nursing, as those terms are defined in the Nurse Practice Act, for sick or infirm persons who are under the care and supervision of licensed physicians or dentists.
(10) "Disciplinary action" means revocation,
suspension, probation, supervision, reprimand, required education, fines or any other action taken by the Department against a person holding a license.
(11) "Impaired" means the inability to practice with
reasonable skill and safety due to physical or mental disabilities as evidenced by a written determination or written consent based on clinical evidence including deterioration through the aging process or loss of motor skill, or abuse of drugs or alcohol, of sufficient degree to diminish a person's ability to administer a nursing home.
(12) "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department's licensure maintenance unit.
(13) "Email address of record" means the designated
email address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit.
(Source: P.A. 99-180, eff. 7-29-15; 100-675, eff. 8-3-18.)
(225 ILCS 70/17)
(from Ch. 111, par. 3667)
(Section scheduled to be repealed on January 1, 2028)
Grounds for disciplinary action.
(a) The Department may
refuse to issue or to renew a license, or may revoke, suspend, place on probation,
reprimand, or take other disciplinary or non-disciplinary action as the Department deems proper, including fines not to exceed $10,000 for each violation, with regard to any license issued under the provisions of this Act, for any one or combination
of the following causes:
(1) Intentional material misstatement in furnishing
information to the Department or any other State agency or in furnishing information to an insurance company with respect to a claim on behalf of a licensee or patient.
(2) Conviction of or entry of a plea of guilty or
nolo contendere, finding of guilt, jury verdict, or entry of judgment or sentencing, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor, an essential element of which is dishonesty or that is directly related to the practice of the profession of nursing home administration.
(3) Fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with applying for renewal or restoration of a license under this Act.
(4) Immoral conduct in the commission of any act,
such as sexual abuse or sexual misconduct, related to the licensee's practice.
(5) Failing to respond within 60 days, to a written
request made by the Department for information.
(6) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive, defraud, or harm the public.
(7) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, narcotics, stimulants, or any other substances that results in the inability to practice with reasonable judgment, skill, or safety.
(8) Adverse action taken by another U.S. jurisdiction
if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein.
(9) A finding by the Department that the licensee,
after having his or her license placed on probationary status, has violated the terms of probation or failed to comply with those terms.
(10) Willfully making or filing false records or
reports related to the licensee's practice, including, but not limited to, false records filed with federal or State agencies or departments.
(11) Physical illness, mental illness, or other
impairment or disability, including, but not limited to, deterioration through the aging process, or loss of motor skill that results in the inability to practice the profession with reasonable judgment, skill or safety.
(12) Disregard or violation of this Act or of any
rule issued pursuant to this Act.
(13) Aiding or abetting another in the violation of
this Act or any rule adopted pursuant to this Act.
(14) Allowing one's license to be used by an
(16) Professional incompetence in the practice of
nursing home administration.
(17) Conviction of a violation of Section 12-19 or
subsection (a) of Section 12-4.4a of the Criminal Code of 1961 or the Criminal Code of 2012 for the abuse and criminal neglect of a long term care facility resident.
(18) Violation of the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act or of any rule issued under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act. A final adjudication of a Type "AA" violation of the Nursing Home Care Act made by the Illinois Department of Public Health, as identified by rule, relating to the hiring, training, planning, organizing, directing, or supervising the operation of a nursing home and a licensee's failure to comply with this Act or the rules adopted under this Act, shall create a rebuttable presumption of a violation of this subsection.
(19) Failure to report to the Department any
adverse final action taken against the licensee by a licensing authority of another state, territory of the United States, or foreign country; or by any governmental or law enforcement agency; or by any court for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this Section.
(20) Failure to report to the Department the
surrender of a license or authorization to practice as a nursing home administrator in another state or jurisdiction for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this Section.
(21) Failure to report to the Department any
adverse judgment, settlement, or award arising from a liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this Section.
(22) Failure to submit any required report under
Section 80-10 of the Nurse Practice Act.
(23) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or self-neglect of an eligible adult as defined in and required by the Adult Protective Services Act.
(24) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective Services Act and upon proof by clear and convincing evidence that the licensee abused, neglected, or financially exploited an eligible adult as defined in the Adult Protective Services Act.
All proceedings to suspend, revoke, place on
probationary status, or take any other disciplinary action
as the Department may deem proper, with regard to a license
on any of the foregoing grounds, must be commenced within
years next after receipt by the Department of (i) a
alleging the commission of or notice of the conviction order
for any of the acts described herein or (ii) a referral for investigation
Section 3-108 of the Nursing Home Care Act.
The entry of an order or judgment by any circuit court establishing that
any person holding a license under this Act is a person in need of mental
treatment operates as a suspension of that license. That person may resume
their practice only upon the entry of a Department order based upon a
finding by the Board that they have been determined to
be recovered from mental illness by the court and upon the
Board's recommendation that they be permitted to resume their practice.
The Department, upon the recommendation of the
adopt rules which set forth
standards to be used in determining what constitutes:
(i) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(ii) dishonorable, unethical or unprofessional
conduct of a character likely to deceive, defraud, or harm the public;
(iii) immoral conduct in the commission of any act
related to the licensee's practice; and
(iv) professional incompetence in the practice of
nursing home administration.
However, no such rule shall be admissible into evidence
in any civil action except for review of a licensing or
other disciplinary action under this Act.
In enforcing this Section, the Department or Board, upon a showing of a
may compel any individual licensed to practice under this
Act, or who has applied for licensure
pursuant to this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of
the Department. The examining physician or physicians shall
be those specifically designated by the Department or Board.
The Department or Board may order the examining physician to present
concerning this mental or physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or statutory
privilege relating to communications between the licensee or applicant and the
The individual to be examined may have, at his or her own
expense, another physician of his or her choice present
during all aspects of the examination. Failure of any
individual to submit to mental or physical examination, when
directed, shall be grounds for suspension of his or her
license until such time as the individual submits to the
examination if the Department finds, after notice
and hearing, that the refusal to submit to the examination
was without reasonable cause.
If the Department or Board
finds an individual unable to practice
because of the reasons
set forth in this Section, the Department or Board shall
require such individual to submit to care, counseling, or
treatment by physicians approved or designated by the
Department or Board, as a condition, term, or restriction for
reinstated, or renewed licensure to practice; or in lieu of care, counseling,
treatment, the Department may file, or the Board may recommend to the
file, a complaint to
immediately suspend, revoke, or otherwise discipline the license of the
Any individual whose license was granted pursuant to
this Act or continued, reinstated, renewed,
disciplined or supervised, subject to such terms, conditions
or restrictions who shall fail to comply with such terms,
conditions or restrictions
shall be referred to the Secretary
determination as to whether the licensee shall have his or her
license suspended immediately, pending a hearing by the
Department. In instances in which the Secretary
immediately suspends a license under this Section, a hearing
upon such person's license must be convened by the
Board within 30
days after such suspension and
completed without appreciable delay. The Department and Board
shall have the authority to review the subject administrator's
record of treatment and counseling regarding the impairment,
to the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical records.
An individual licensed under this Act, affected under
this Section, shall be afforded an opportunity to
demonstrate to the Department or Board that he or she can
practice in compliance with acceptable and prevailing
standards under the provisions of his or her license.
(b) Any individual or
organization acting in good faith, and not in a willful and
wanton manner, in complying with this Act by providing any
report or other information to the Department, or
assisting in the investigation or preparation of such
information, or by participating in proceedings of the
Department, or by serving as a member of the
Board, shall not, as a result of such actions,
be subject to criminal prosecution or civil damages.
(c) Members of the Board, and persons
retained under contract to assist and advise in an investigation,
shall be indemnified by the State for any actions
occurring within the scope of services on or for the Board, done in good
and not willful and wanton in
nature. The Attorney General shall defend all such actions
unless he or she determines either that there would be a
conflict of interest in such representation or that the
actions complained of were not in good faith or were willful and wanton.
Should the Attorney General decline representation,
a person entitled to indemnification under this Section shall have the
right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not
in good faith or were willful and wanton.
A person entitled to indemnification under this
Section must notify the Attorney General within 7
days of receipt of notice of the initiation of any action
involving services of the Board. Failure to so
notify the Attorney General shall constitute an absolute
waiver of the right to a defense and indemnification.
The Attorney General shall determine within 7 days
after receiving such notice, whether he or she will undertake to represent
person entitled to indemnification under this Section.
(d) The determination by a circuit court that a licensee is subject to
involuntary admission or judicial admission as provided in the Mental
Health and Developmental Disabilities Code, as amended, operates as an
automatic suspension. Such suspension will end only upon a finding by a
court that the patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and discharging the
patient; and upon the recommendation of the Board to the Secretary
the licensee be allowed to resume his or her practice.
(e) The Department shall refuse to issue or suspend the license of
any person who fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment of tax,
penalty or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(f) The Department of Public Health shall transmit to the
Department a list of those facilities which receive an "A" violation as
defined in Section 1-129 of the Nursing Home Care Act.
(Source: P.A. 99-180, eff. 7-29-15; 100-675, eff. 8-3-18.)
(225 ILCS 70/17.1)
(Section scheduled to be repealed on January 1, 2028)
Reports of violations of Act or other conduct.
(a) The owner or licensee of a long term care facility licensed under the Nursing Home Care Act who employs or contracts with a licensee under this Act shall report to the Department any instance of which he or she has knowledge arising in connection with operations of the health care institution, including the administration of any law by the institution, in which a licensee under this Act has either committed an act or acts which may constitute a violation of this Act or unprofessional conduct related directly to patient care, or which may indicate that the licensee may have a mental or physical disability that may endanger patients under that licensee's care. Additionally, every nursing home shall report to the Department any instance when a licensee is terminated for cause which would constitute a violation of this Act. The Department may take disciplinary or non-disciplinary action if the termination is based upon unprofessional conduct related to planning, organizing, directing, or supervising the operation of a nursing home as defined by this Act or other conduct by the licensee that would be a violation of this Act or rules.
For the purposes of this subsection, "owner" does not mean the owner of the real estate or physical plant who does not hold management or operational control of the licensed long term care facility.
(b) Any insurance company that offers policies of professional liability insurance to licensees, or any other entity that seeks to indemnify the professional liability of a licensee, shall report the settlement of any claim or adverse final judgment rendered in any action that alleged negligence in planning, organizing, directing, or supervising the operation of a nursing home by the licensee.
(c) The State's Attorney of each county shall report to the Department each instance in which a licensee is convicted of or enters a plea of guilty or nolo contendere to any crime that is a felony, or of which an essential element is dishonesty, or that is directly related to the practice of the profession of nursing home administration.
(d) Any agency, board, commission, department, or other instrumentality of the government of the State of Illinois shall report to the Department any instance arising in connection with the operations of the agency, including the administration of any law by the agency, in which a licensee under this Act has either committed an act or acts which may constitute a violation of this Act or unprofessional conduct related directly to planning, organizing, directing or supervising the operation of a nursing home, or which may indicate that a licensee may have a mental or physical disability that may endanger others.
(e) All reports required by items (19), (20), and (21) of subsection (a) of Section 17 and by this Section 17.1 shall be submitted to the Department in a timely fashion. The reports shall be filed in writing within 60 days after a determination that a report is required under this Section. All reports shall contain the following information:
(1) The name, address, and telephone number of the
person making the report.
(2) The name, address, and telephone number of the
person who is the subject of the report.
(3) The name and date of birth of any person or
persons whose treatment is a subject of the report, or other means of identification if that information is not available, and identification of the nursing home facility where the care at issue in the report was rendered.
(4) A brief description of the facts which gave rise
to the issuance of the report, including the dates of any occurrences deemed to necessitate the filing of the report.
(5) If court action is involved, the identity of the
court in which the action is filed, along with the docket number and the date the action was filed.
(6) Any further pertinent information that the
reporting party deems to be an aid in evaluating the report.
If the Department receives a written report concerning an incident required to be reported under item (19), (20), or (21) of subsection (a) of Section 17, then the licensee's failure to report the incident to the Department within 60 days may not be the sole ground for any disciplinary action against the licensee.
(f) Any individual or organization acting in good faith, and not in a willful and wanton manner, in complying with this Section by providing any report or other information to the Department, by assisting in the investigation or preparation of such information, by voluntarily reporting to the Department information regarding alleged errors or negligence by a licensee, or by participating in proceedings of the Department, shall not, as a result of such actions, be subject to criminal prosecution or civil damages.
(g) Upon the receipt of any report required by this Section, the Department shall notify in writing, by certified mail, the person who is the subject of the report. The notification shall be made within 30 days after the Department's receipt of the report.
The notification shall include a written notice setting forth the person's right to examine the report.
The notification shall also include the address at which the file is maintained, the name of the custodian of the file, and the telephone number at which the custodian may be reached. The person who is the subject of the report shall submit a written statement responding, clarifying, adding to, or proposing the amending of the report previously filed. The statement shall become a permanent part of the file and must be received by the Department no more than 30 days after the date on which the person was notified by the Department of the existence of the original report.
The Department shall review a report received by it, together with any supporting information and responding statements submitted by the person who is the subject of the report. The review by the Department shall be in a timely manner, but in no event shall the Department's initial review of the material contained in each disciplinary file last less than 61 days nor more than 180 days after the receipt of the initial report by the Department.
When the Department makes its initial review of the materials contained within its disciplinary files, the Department shall, in writing, make a determination as to whether there are sufficient facts to warrant further investigation or action. Failure to make such a determination within the time provided shall be deemed to be a determination that there are not sufficient facts to warrant further investigation or action. The Department shall notify the person who is the subject of the report of any final action on the report.
(h) A violation of this Section is a Class A misdemeanor.
(i) If any person or entity violates this Section, then an action may be brought in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, for an order enjoining the violation or for an order enforcing compliance with this Section. Upon filing of a verified petition in the court, the court may issue a temporary restraining order without notice or bond and may preliminarily or permanently enjoin the violation. If it is established that the person or entity has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this subsection (i) shall be in addition to, and not in lieu of, all other remedies and penalties provided for by this Section.
(Source: P.A. 99-143, eff. 7-27-15; 100-675, eff. 8-3-18.)