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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS
(225 ILCS 65/) Nurse Practice Act.

225 ILCS 65/Art. 75

 
    (225 ILCS 65/Art. 75 heading)
ARTICLE 75. ILLINOIS NURSING WORKFORCE CENTER
(Article scheduled to be repealed on January 1, 2028)
(Source: P.A. 100-513, eff. 1-1-18.)

225 ILCS 65/75-5

    (225 ILCS 65/75-5) (was 225 ILCS 65/17-5)
    Sec. 75-5. (Repealed).
(Source: P.A. 95-639, eff. 10-5-07. Repealed by P.A. 100-513, eff. 1-1-18.)

225 ILCS 65/75-10

    (225 ILCS 65/75-10) (was 225 ILCS 65/17-10)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 75-10. Illinois Nursing Workforce Center. The purpose of the Illinois Nursing Workforce Center to address issues of supply and demand in the nursing profession, including issues of recruitment, retention, and utilization of nurse manpower resources. The General Assembly finds that the Center will enhance the access to and delivery of quality health care services by providing an ongoing strategy for the allocation of the State's resources directed towards nursing. Each of the following objectives shall serve as the primary goals for the Center:
        (1) To develop a strategic plan for nursing workforce
    
in the State by selecting priorities to be addressed, including:
            (A) For license renewals beginning in 2024 and
        
each renewal thereafter, to develop and require all licensed nurses, including licensed practical nurses, registered nurses, and advanced practice registered nurses, respond to the Center's nursing workforce supply survey. Applicants shall respond to the Center's nursing workforce supply survey in conjunction with license renewal. However, license renewal shall not be contingent upon responding to the Center's nursing workforce supply survey and failure to respond to the Center's nursing workforce supply survey shall not result in encumbrance of the applicant's license. The survey shall use the National Forum of State Nursing Workforce Centers Minimum Nurse Supply Dataset. The Center shall compile, process, and evaluate the survey findings and report to the Governor, the President of the Senate, and the Speaker of the House of Representatives with recommendations.
            As used in this subsection, "nursing workforce
        
supply survey" means the nursing workforce supply survey conducted biennially by the Center that asks nurses to provide information about their demographics, specialty, setting of work, and other information necessary to inform the State on the status and characteristics of the State's nursing workforce.
            (B) No later than 2027, to develop a nurse
        
demand and employer survey to be collected biennially. The survey shall use the National Forum of State Nursing Workforce Centers Minimum Nurse Demand Dataset. The Center shall compile, process, and evaluate the survey findings and report to the Governor, the President of the Senate, and the Speaker of the House of Representatives with recommendations.
        (2) To convene various groups of representatives of
    
nurses, other health care providers, businesses and industries, consumers, legislators, and educators to:
            (A) review and comment on data analysis prepared
        
by the Center; and
            (B) recommend systemic changes, including
        
strategies for implementation of recommended changes.
        (3) To enhance and promote recognition, reward, and
    
renewal activities for nurses in the State by:
            (A) proposing and creating reward, recognition,
        
and renewal activities for nursing; and
            (B) promoting positive media and image-building
        
efforts for nursing.
(Source: P.A. 103-285, eff. 7-28-23.)

225 ILCS 65/75-15

    (225 ILCS 65/75-15) (was 225 ILCS 65/17-15)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 75-15. Illinois Nursing Workforce Center Advisory Board.
    (a) There is created the Illinois Nursing Workforce Center Advisory Board, which shall consist of 11 members appointed by the Secretary, with 6 members of the Advisory Board being nurses representative of various nursing specialty areas and 2 members representing a labor organization recognized under the National Labor Relations Act that represents active registered professional nurses licensed by the Department of Financial and Professional Regulation. The other 3 members may include representatives of associations, health care providers, nursing educators, and consumers.
    (b) The membership of the Advisory Board shall reasonably reflect representation from the geographic areas in this State.
    (c) Members of the Advisory Board appointed by the Secretary shall serve for terms of 4 years, with no member serving more than 10 successive years. A member shall serve until his or her successor is appointed and has qualified. Vacancies shall be filled in the same manner as original appointments, and any member so appointed shall serve during the remainder of the term for which the vacancy occurred.
    (d) A quorum of the Advisory Board shall consist of a majority of Advisory Board members currently serving. A majority vote of the quorum is required for Advisory Board decisions. A vacancy in the membership of the Advisory Board shall not impair the right of a quorum to exercise all of the rights and perform all of the duties of the Advisory Board.
    (e) The Secretary may remove any appointed member of the Advisory Board for misconduct, incapacity, or neglect of duty and shall be the sole judge of the sufficiency of the cause for removal.
    (f) Members of the Advisory Board are immune from suit in any action based upon any activities performed in good faith as members of the Advisory Board.
    (g) Members of the Advisory Board shall not receive compensation, but shall be reimbursed for actual traveling, incidentals, and expenses necessarily incurred in carrying out their duties as members of the Advisory Board, as approved by the Department.
    (h) The Advisory Board shall meet annually to elect a chairperson and vice chairperson.
(Source: P.A. 103-285, eff. 7-28-23.)

225 ILCS 65/75-20

    (225 ILCS 65/75-20) (was 225 ILCS 65/17-20)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 75-20. Powers and duties of the Advisory Board.
    (a) The Advisory Board shall be advisory to the Department and shall possess and perform each of the following powers and duties:
        (1) determine operational policy;
        (2) (blank);
        (3) establish committees of the Advisory Board as
    
needed;
        (4) recommend the adoption and, from time to time,
    
the revision of those rules that may be adopted and necessary to carry out the provisions of this Act;
        (5) implement the major functions of the Center, as
    
established in the goals set forth in Section 75-10 of this Article; and
        (6) seek and accept non-State funds for carrying out
    
the policy of the Center.
    (b) The Center shall work in consultation with other State agencies as necessary.
(Source: P.A. 100-513, eff. 1-1-18.)

225 ILCS 65/Art. 80

 
    (225 ILCS 65/Art. 80 heading)
ARTICLE 80. MEDICATION AIDE PILOT PROGRAM
(Article scheduled to be repealed on January 1, 2028)
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-5

    (225 ILCS 65/80-5)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-5. Definitions. For the purposes of this Article only:
    "Direct-care assignment" means an assignment as defined for staffing requirements as direct care staff under 77 CFR 300.1230.
    "Medication aide" means a person who has met the qualifications for licensure under this Article who assists with medication administration while under the supervision of a registered professional nurse (RN) in a long-term care facility.
    "Qualified employer" means a long-term care facility licensed by the Department of Public Health that meets the qualifications set forth in Section 80-10.
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-10

    (225 ILCS 65/80-10)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-10. Pilot program.
    (a) The Department shall administer and enforce a Licensed Medication Aide Pilot Program. The program shall last for a period of 3 years, as determined by rule. During the 3-year pilot program, the Department shall license and regulate licensed medication aides. As part of the pilot program, no more than 10 skilled nursing homes, which shall be geographically located throughout the State, shall be authorized to employ licensed medication aides, as approved by the Department. The Department may consult with the Department of Public Health as necessary to properly administer and enforce this Article.
    (b) To be approved as a qualified facility for the duration of the pilot program, a facility must:
        (1) be licensed in good standing as a skilled nursing
    
facility by the Department of Public Health;
        (2) have an overall Five Star Quality Rating of 3, 4,
    
or 5 from the most recent data available on the Centers for Medicare and Medicaid Services' website;
        (3) certify that the employment of a licensed
    
medication aide will not replace or diminish the employment of a registered nurse or licensed practical nurse at the facility;
        (4) certify that a registered nurse will be on-duty
    
and present in the facility to delegate and supervise the medication administration by a licensed medication aide at all times;
        (5) certify that, with the exception of licensed
    
health care professionals, only licensed medication aides will be employed in the capacity of administering medication; and
        (6) provide information regarding patient safety,
    
efficiency, and errors as determined by the Department; failure to submit any required report may be grounds for discipline or sanctions under this Act, the Nursing Home Administrators Licensing and Disciplinary Act, or the Nursing Home Care Act.
    The Department shall submit a report regarding patient safety, efficiency, and errors, as determined by rule, to the General Assembly no later than 6 months after termination of the pilot program.
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-15

    (225 ILCS 65/80-15)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-15. Licensure requirement; exempt activities.
    (a) On and after January 1, 2015, no person shall practice as a medication aide or hold himself or herself out as a licensed medication aide in this State unless he or she is licensed under this Article.
    (b) Nothing in this Article shall be construed as preventing or restricting the practice, services, or activities of:
        (1) any person licensed in this State by any other
    
law from engaging in the profession or occupation for which he or she is licensed;
        (2) any person employed as a medication aide by the
    
government of the United States, if such person practices as a medication aide solely under the direction or control of the organization by which he or she is employed; or
        (3) any person pursuing a course of study leading to
    
a certificate in medication aide at an accredited or approved educational program if such activities and services constitute a part of a supervised course of study and if such person is designated by a title which clearly indicates his or her status as a student or trainee.
    (c) Nothing in this Article shall be construed to limit the delegation of tasks or duties by a physician, dentist, advanced practice registered nurse, or podiatric physician as authorized by law.
(Source: P.A. 100-513, eff. 1-1-18.)

225 ILCS 65/80-20

    (225 ILCS 65/80-20)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-20. Scope of practice.
    (a) A licensed medication aide may only practice in a qualified facility.
    (b) Licensed medication aides must be supervised by and receive delegation by a registered nurse that is on-duty and present in the facility at all times.
    (c) Licensed medication aides shall not have a direct-care assignment when scheduled to work as a licensed medication aide, but may assist residents as needed.
    (d) Licensed medication aides shall not administer any medication until a physician has conducted an initial assessment of the resident.
    (e) Licensed medication aides shall not administer any Schedule II controlled substances as set forth in the Illinois Controlled Substances Act, and may not administer any subcutaneous, intramuscular, intradermal, or intravenous medication.
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-25

    (225 ILCS 65/80-25)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-25. Unlicensed practice; violation; civil penalty.
    (a) In addition to any other penalty provided by law, any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a medication aide without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-30

    (225 ILCS 65/80-30)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-30. Applications for original licensure. Applications for original licensure shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. The application shall require such information as, in the judgment of the Department, will enable the Department to pass on the qualifications of the applicant for licensure. Applicants have 3 years after the date of application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-35

    (225 ILCS 65/80-35)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-35. Examinations. The Department shall authorize examinations of applicants for a license under this Article at the times and place as it may designate. The examination shall be of a character to give a fair test of the qualifications of the applicant to practice as a medication aide.
    Applicants for examination as a medication aide shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
    If an applicant fails to pass an examination for licensure under this Act within 3 years after filing his or her application, the application shall be denied. The applicant may thereafter make a new application accompanied by the required fee; however, the applicant shall meet all requirements in effect at the time of subsequent application before obtaining licensure. The Department may employ consultants for the purposes of preparing and conducting examinations.
(Source: P.A. 100-513, eff. 1-1-18.)

225 ILCS 65/80-40

    (225 ILCS 65/80-40)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-40. Licensure by examination. An applicant for licensure by examination to practice as a licensed medication aide must:
        (1) submit a completed written application on forms
    
provided by the Department and fees as established by the Department;
        (2) be age 18 or older;
        (3) have a high school diploma or a State of Illinois
    
High School Diploma;
        (4) demonstrate the ability to speak, read, and write
    
the English language, as determined by rule;
        (5) demonstrate competency in math, as determined by
    
rule;
        (6) be currently certified in good standing as a
    
certified nursing assistant and provide proof of 2,000 hours of practice as a certified nursing assistant within 3 years before application for licensure;
        (7) submit to the criminal history records check
    
required under Section 50-35 of this Act;
        (8) have not engaged in conduct or behavior
    
determined to be grounds for discipline under this Act;
        (9) be currently certified to perform cardiopulmonary
    
resuscitation by the American Heart Association or American Red Cross;
        (10) have successfully completed a course of study
    
approved by the Department as defined by rule; to be approved, the program must include a minimum of 60 hours of classroom-based medication aide education, a minimum of 10 hours of simulation laboratory study, and a minimum of 30 hours of registered nurse-supervised clinical practicum with progressive responsibility of patient medication assistance;
        (11) have successfully completed the Medication Aide
    
Certification Examination or other examination authorized by the Department; and
        (12) submit proof of employment by a qualifying
    
facility.
(Source: P.A. 102-1100, eff. 1-1-23.)

225 ILCS 65/80-45

    (225 ILCS 65/80-45)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-45. Expiration of license. The expiration date for each license to practice as a licensed medication aide shall be set by the rule. Licenses under this Article may not be renewed or restored.
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-50

    (225 ILCS 65/80-50)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-50. Administration and enforcement. Licenses issued under this Article are subject to Article 70, including grounds for disciplinary action under Section 70-5.
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-55

    (225 ILCS 65/80-55)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-55. Title. Any person who is issued a license as a medication aide under the terms of this Act shall use the words "licensed medication aide" in connection with his or her name to denote his or her licensure under this Act.
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-60

    (225 ILCS 65/80-60)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-60. Rules. The Department shall file rules to administer this Article within 90 days of the effective date of this Act.
(Source: P.A. 98-990, eff. 8-18-14.)