Section 1130.10  Definitions

 

"Address of record" means the designated address recorded by the Department in the licensee's license file as maintained by the Department's licensure maintenance unit. It is the duty of the licensee to inform the Department of any change of address, and those changes must be made either through the Department's website or by contacting the Department.

 

"Board" means a board or committee appointed and acting pursuant to any Act administered by the Department of Financial and Professional Regulation-Division of Professional Regulation or Division of Real Estate.

 

"Chaperone order" means the administrative order issued by the Director, on behalf of the Secretary, pursuant to Section 2105-165(c) of the Code.

 

"Code" means the Civil Administrative Code of Illinois (Department of Professional Regulation Law) [20 ILCS 2105].

 

"Department" means the Department of Financial and Professional Regulation.

 

"Director" means the Director of the Division of Professional Regulation or the Division of Real Estate with the authority delegated by the Secretary.

 

"Division" means the Department of Financial and Professional Regulation-Division of Professional Regulation or the Division of Real Estate.

 

"Person" means an individual human being and not a corporate or other type of legal entity.

 

"Statute" means Section 2105-15 of the Code.

 

(Source:  Amended at 46 Ill. Reg. 2648, effective January 28, 2022)

 

Section 1130.20  Request for Non-Binding, Advisory Opinion (Repealed)

 

(Source:  Repealed at 43 Ill. Reg. 5297, effective May 10, 2019)

 

Section 1130.30  Board Review (Repealed)

 

(Source:  Repealed at 43 Ill. Reg. 5297, effective May 10, 2019)

 

Section 1130.100  Confidentiality of Records

 

All documents and records submitted to the Department by an individual seeking a non-binding, advisory opinion shall be deemed confidential and may not be made available to any person or public or private agency, including any requests made pursuant to the Freedom of Information Act [5 ILCS 140], except if specifically required or permitted by statute or upon specific authorization by the individual seeking a non-binding, advisory opinion. The Department shall not be required to release any documents filed or received pursuant to this Part unless the Department has obtained a written, signed release from the individual who originally requested a non-binding, advisory opinion determination from the Department; except that the Department may disclose information and documents to a federal, state or local law enforcement agency pursuant to a subpoena in an ongoing criminal investigation or to a health care licensing body of this State or another state or jurisdiction pursuant to an official request made by that licensing body.

 

(Source:  Section 1130.100 renumbered from Section 1130.40 at 43 Ill. Reg. 5297, effective May 10, 2019)

 

Section 1130.200  Notice of Intent to Issue Permanent Revocation Order

 

a)         Upon determination that the license of a licensed health care worker is subject to permanent revocation pursuant to Section 2105-165(a) of the Code, the Director shall cause a Notice of Intent to Issue Permanent Revocation Order to be served on the licensee by mail or email at the licensee's address of record.

 

b)         The Notice of Intent to Issue Permanent Revocation Order shall specify the reason for the intended action and notify the licensee that he or she has 20 days from the date the Notice is mailed or emailed to present to the Department a written response contesting the Department's intended action.  Any written response received by the Department shall only be considered for the following reasons and shall include documentation that supports one of these three reasons:

 

1)         The licensee has been incorrectly identified as the person with the conviction;

 

2)         The licensee's conviction has been vacated, overturned, or reversed or a pardon has been granted; or

 

3)         The licensee's conviction is not a disqualifying conviction.

 

c)         After 20 days have lapsed since the issuance of the Notice of Intent to Issue Permanent Revocation Order and the Department has not received a written response from the licensee or any written response received by the Department from the licensee has not established one of the grounds provided in subsection (b), the Director shall issue an order permanently revoking the license of the licensed health care worker in accordance with Section 2105-165(a) of the Code.

 

(Source:  Section 1130.200 renumbered from Section 1130.100 and amended at 43 Ill. Reg. 5297, effective May 10, 2019)

 

Section 1130.210  Licensed Health Care Worker

 

The following licensed professionals are licensed health care workers for the purposes of Section 2105-165 of the Code and this Part:

 

a)         Dentists and dental hygienists licensed under the Illinois Dental Practice Act [225 ILCS 25];

 

b)         Licensed practical nurses, registered nurses and advanced practice registered nurses licensed under the Nurse Practice Act [225 ILCS 65];

 

c)         Occupational therapists and occupational therapy assistants licensed under the Illinois Occupational Therapy Practice Act [225 ILCS 75];

 

d)         Optometrists licensed under the Illinois Optometric Practice Act of 1987 [225 ILCS 80];

 

e)         Pharmacists licensed under the Pharmacy Practice Act [225 ILCS 85];

 

f)         Physical therapists and physical therapy assistants licensed under the Illinois Physical Therapy Act [225 ILCS 90];

 

g)         Physicians, including medical doctors (M.D.), doctors of osteopathic medicine (D.O.), and chiropractic physicians (D.C.), licensed under the Medical Practice Act of 1987 [225 ILCS 60];

 

h)         Physician assistants licensed under the Physician Assistant Practice Act of 1987 [225 ILCS 95];

 

i)          Podiatrists licensed under the Podiatric Medical Practice Act of 1987 [225 ILCS 100];

 

j)          Clinical psychologists licensed under the Clinical Psychologist Licensing Act [225 ILCS 15];

 

k)         Clinical social workers and social workers licensed under the Clinical Social Work and Social Work Practice Act [225 ILCS 20];

 

l)          Speech-language pathologists and audiologists licensed under the Illinois Speech-Language Pathology and Audiology Practice Act [225 ILCS 110];

 

m)        Acupuncturists licensed under the Acupuncture Practice Act [225 ILCS 2];

 

n)         Athletic trainers licensed under the Illinois Athletic Trainers Practice Act [225 ILCS 5];

 

o)         Marriage and family therapists licensed under the Marriage and Family Therapy Licensing Act [225 ILCS 55];

 

p)         Naprapaths licensed under the Naprapathic Practice Act [225 ILCS 63];

 

q)         Nursing home administrators licensed under the Nursing Home Administrators Licensing and Disciplinary Act [225 ILCS 70];

 

r)          Orthotists, prosthetists, and pedorthists licensed under the Orthotics, Prosthetics, and Pedorthics Practice Act [225 ILCS 84];

 

s)         Respiratory care practitioners licensed under the Respiratory Care Practice Act [225 ILCS 106];

 

t)          Professional counselors and clinical professional counselors licensed under the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act [225 ILCS 107];

 

u)         Perfusionists licensed under the Perfusionist Practice Act [225 ILCS 125];

 

v)         Registered surgical assistants and registered surgical technologists licensed under the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act [225 ILCS 130];

 

w)        Genetic counselors licensed under Genetic Counselor Licensing Act [225 ILCS 135]; and

 

x)         Behavior analysts and assistant behavior analysts licensed under the Behavior Analyst Licensing Act [225 ILCS 6];

 

y)         Professional music therapists licensed under the Music Therapy Licensing and Practice Act [225 ILCS 56];

 

z)         Certified professional midwives licensed under the Licensed Certified Professional Midwife Practice Act [225 ILCS 64]; and

 

aa)       Any other license issued by the Department under the Acts listed in this Section and the Controlled Substance and Cannabis Nuisance Act [740 ILCS 40], except for pharmacy technicians, issued to a person subject to the Code and this Part.

 

(Source:  Amended at 47 Ill. Reg. 6267, effective April 20, 2023)

 

Section 1130.220  Forcible Felony

 

A "forcible felony", for the purposes of Section 2105-165 of the Code, is one or more of the following offenses committed in any jurisdiction.  The Section numbers listed in parentheses in this Section, from the Criminal Code of 2012 [720 ILCS 5], are for guidance only and in no way limit the Department from permanent revocation or denial based upon conviction in jurisdictions other than the State of Illinois:

 

a)         First Degree Murder (Section 9-1);

 

b)         Intentional Homicide of an Unborn Child (Section 9-1.2);

 

c)         Second Degree Murder (Section 9-2);

 

d)         Voluntary Manslaughter of an Unborn Child (Section 9-2.1);

 

e)         Drug-induced Homicide (Section 9-3.3);

 

f)         Kidnapping (Section 10-1);

 

g)         Aggravated Kidnaping (Section 10-2);

 

h)         Unlawful Restraint (Section 10-3);

 

i)          Aggravated Unlawful Restraint (Section 10-3.1);

 

j)          Forcible Detention (Section 10-4);

 

k)         Involuntary Servitude (Section 10-9(b));

 

l)          Involuntary Sexual Servitude of a Minor (Section 10-9(c));

 

m)        Trafficking in Persons (Section 10-9(d));

 

n)         Criminal Sexual Assault (Section 11-1.20);

 

o)         Aggravated Criminal Sexual Assault (Section 11-1.30);

 

p)         Predatory Criminal Sexual Assault of a Child (Section 11-1.40);

 

q)         Criminal Sexual Abuse (Section 11-1.50);

 

r)          Aggravated Criminal Sexual Abuse (Section 11-1.60);

 

s)         Aggravated Battery (Section 12-3.05);

 

t)          Compelling Organization Membership of Persons (Section 12-6.5);

 

u)         Compelling Confession or Information by Force or Threat (Section 12-7);

 

v)         Robbery; Aggravated Robbery (Section 18-1);

 

w)        Armed Robbery (Section 18-2);

 

x)         Vehicular Hijacking (Section 18-3);

 

y)         Aggravated Vehicular Hijacking (Section 18-4);

 

z)         Home Invasion (Section 19-6);

 

aa)       Terrorism (Section 29D-14.9);

 

bb)       Causing a Catastrophe (Section 29D-15.1);

 

cc)       Possession of a Deadly Substance (Section 29D-15.2);

 

dd)      Making a Terrorist Threat (Section 29D-20);

 

ee)       Falsely Making a Terrorist Threat (Section 29D-25);

 

ff)        Material Support for Terrorism (Section 29D-29.9);

 

gg)       Hindering Prosecution of Terrorism (Section 29D-35);

 

hh)       Boarding or Attempting to Board an Aircraft with Weapon (Section 29D-35.1);

 

ii)         Armed Violence (Section 33A-2); and

 

jj)         Attempt (Section 8-4) of any of the above specified offenses.

 

(Source:  Section 1130.220 renumbered from Section 1130.120 and amended at 43 Ill. Reg. 5297, effective May 10, 2019)

 

Section 1130.230  Chaperone Orders

 

a)         Within 5 days after receiving notice from a prosecuting attorney that a licensed health care worker has been charged with any offense for which the sentence includes registration as a sex offender; a criminal battery against a patient, including any offense based on sexual conduct or sexual penetration, in the course of patient care or treatment; or a forcible felony, the Department shall forward a chaperone order to the licensed health care worker that requires the worker to immediately cease professional practice and not to resume practice with patient encounters until authorized to do so by the Department pursuant to an approved plan of compliance.

 

b)         A licensed health care worker subject to a chaperone order pursuant to Section 2105-165(c) of the Code shall submit to the Department a written plan of compliance within 5 days after receipt of the chaperone order. The plan of compliance shall include, at a minimum, the following:

 

1)         The number of proposed chaperones;

 

2)         The names, mailing address, email address, telephone number and license number of each proposed chaperone;

 

3)         The days, times, and locations where the licensed health care worker subject to a chaperone order will practice;

 

4)         The scheduled days, hours and practice locations for each chaperone proposed to be utilized; and

 

5)         The method to be used to document the presence of a chaperone during all patient encounters. The presence of a chaperone shall be shown by:

 

A)        Maintaining a schedule of the dates, times and locations each chaperone works and having the designated chaperone initial or make a notation in each patient chart every time the patient is seen by the licensed health care worker subject to a chaperone order; or

 

B)        Maintaining a chaperone log listing each patient seen by the licensed health care worker subject to a chaperone order and signed by both that health care worker and the approved chaperone after each patient encounter.

 

c)         A proposed chaperone shall be a licensed health care worker in good standing and shall be subject to the approval of the Department.

 

d)         The written plan of compliance shall be sent to the Department's Probation Compliance Unit at the address included in the chaperone order.

 

e)         No licensed health care worker subject to a chaperone order shall have any patient encounters until the Department has approved the health care worker's written plan of compliance. After approval of the written plan of compliance, the licensed health care worker subject to a chaperone order shall notify the Department in writing if the licensure status of any approved chaperone changes or if a chaperone can no longer serve for any reason. A chaperone approved by the Department shall automatically become ineligible to serve as a chaperone if the chaperone's license is disciplined by the Department, expires or changes to a status that does not permit active practice. The licensed health care worker subject to a chaperone order shall provide, in writing to the Department, the name, mailing address, email address, telephone number and license number of any replacement or additional proposed chaperone, including the scheduled days, hours and practice location for any replacement or additional chaperone proposed to be utilized. No person may act as chaperone until approved by the Department. No licensed health care worker subject to a chaperone order and acting under an approved written plan of compliance shall have any patient encounters without the presence of an approved chaperone. Failure to comply with all requirements of the approved written plan of compliance shall be prima facie evidence of practice without a chaperone.

 

f)         The chaperone shall provide written notice of the chaperone order, by using the form provided in Appendix A or by using the chaperone's own form that is substantially similar to the form in Appendix A, to each of the licensed health care worker's patients at the time of the patient's first visit following the effective date of the chaperone order.  A copy of the notice shall be signed by the patient and the chaperone and maintained in the patient's file. The chaperone shall also provide a copy of the signed notice to the patient.

 

g)         A pharmacist subject to a chaperone order shall not be required to include in the written plan of compliance methods of documenting the presence of a chaperone as specified in subsection (b)(5) and notice to patients as specified in subsection (f). In place of these requirements, the pharmacist shall include in the written plan of compliance that the presence of a chaperone while the pharmacist is on duty at a pharmacy shall be shown by maintaining a written schedule of the dates, times and locations each chaperone works and having the designated chaperone verify by signature their presence for the dates, times and locations stated.

 

h)         Any health care worker subject to a chaperone order may submit a request to the Director for a waiver of any of the requirements of subsections (b) and (f) to allow for the creation of an individually tailored written plan of compliance that achieves the objectives of the Code and this Part.

 

i)          The Department may conduct random inspections and audits to determine compliance with the chaperone order and the written plan of compliance. A licensed health care worker subject to a chaperone order and any approved chaperones shall cooperate with any inspection or audit.

 

j)          If the Secretary finds that evidence indicates that a licensed health care worker subject to a chaperone order has failed to comply with the chaperone order, failed to file a written plan of compliance, or failed to follow the terms of the written plan of compliance, the Secretary may temporarily suspend without hearing the license of the health care worker until completion of the criminal proceedings. In instances in which the Secretary temporarily suspends a license under this Section, the health care worker may contest in writing the factual basis underlying the temporary suspension by the filing of an appropriate petition, stating with specificity the particular reasons why the temporary suspension is not warranted, within 30 days after the imposition.  A hearing on the merits must be commenced within 15 days after the filing of said petition and shall be completed without appreciable delay in accordance with this Part. An "appropriate petition" is one that disputes the factual basis of the temporary suspension relating to failure to comply with a chaperone order, failure to file a written plan of compliance, or failure to follow the terms of the written plan of compliance.  A petition not in compliance with the requirements of this subsection (j) is subject to a motion to strike.  The Secretary shall appoint an Illinois licensed attorney to serve as hearing officer in those hearings. The hearing officer shall report his or her findings of fact, conclusions of law, and recommendation to the Secretary. The burden of proof rests with the Department in hearings conducted under this Section, and a recommendation that the license shall remain temporarily suspended shall be made by the hearing officer when the Department establishes by clear and convincing evidence that the licensed health care worker subject to a chaperone order has failed to comply with the chaperone order, failed to file a written plan of compliance, or failed to follow the terms of the written plan of compliance. No temporary suspension shall be stayed during the pendency of any hearing.

 

k)         Any information collected by the Department to investigate compliance with the requirements of this Section shall be maintained by the Department for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials or regulatory agencies or persons who have an appropriate regulatory interest, as determined by the Secretary. The Department shall have access to any records created by any person in compliance with the requirements of this Section or with a written plan of compliance. However, except for the purposes of the Department, these records shall be accorded the same confidentiality as required by the professional licensing Act governing the particular health care worker or as otherwise provided by law.

 

l)          In the event that a licensed health care worker subject to a chaperone order or under a temporary suspension pursuant to this Part shall be subsequently charged with any additional offenses that would independently subject the licensed health care worker to the provisions of this Part, the existing chaperone order or temporary suspension order shall remain in effect until all pending charges are resolved by the Circuit Court.

 

(Source:  Amended at 48 Ill. Reg. 8762, effective June 4, 2024)

 

Section 1130.300  Disciplinary Sanctions

 

Upon a finding by the Department that a person has committed a violation of any licensing Act administered by the Department with regard to licenses, certificates or authorities of persons exercising their respective professions, trades or occupations, the Department may revoke, suspend, refuse to renew, place on probationary status, fine, or take any other disciplinary action as authorized in any licensing Act administered by the Department with regard to those licenses, certificates or authorities.  When making a determination of the appropriate disciplinary sanction to be imposed, the Department shall consider, but is not limited to, the following factors in aggravation and mitigation:

 

a)         Factors in Aggravation

 

1)         The seriousness of the offenses;

 

2)         The presence of multiple offenses;

 

3)         Prior disciplinary history, including actions taken by other agencies in this State or by other states or jurisdictions, hospitals, healthcare facilities, residency programs, employers, insurance providers, or any of the armed forces of the United States or any state;

 

4)         The impact of the offenses on any injured party;

 

5)         The vulnerability of any injured party when considering such elements as, but not limited to, the injured party's age, disability or mental illness;

 

6)         The motive for the offense;

 

7)         The lack of contrition for the offenses;

 

8)         Financial gain as a result of committing the offenses; and

 

9)         The lack of cooperation with the Department or other investigative authorities.

 

b)         Factors in Mitigation

 

1)         The lack of prior disciplinary action by the Department or by other agencies in this State or by other states or jurisdictions, hospitals, healthcare facilities, residency programs, employers, insurance providers, or any of the armed forces of the United States or any state;

 

2)         Contrition for the offenses;

 

3)         Cooperation with the Department or other investigative authorities;

 

4)         Restitution to injured parties;

 

5)         Self-reporting of the misconduct; and

 

6)         Any voluntary remedial actions taken.

 

c)         The Division shall not renew a license if the licensee has an unpaid fine from a disciplinary matter or an unpaid fee from a non-disciplinary action imposed by the Division until the fine or fee is paid to the Division or the licensee has entered into a payment plan and is current on the required payments.

 

d)         The Division shall not issue a license if the applicant has an unpaid fine imposed by the Division for unlicensed practice until the fine is paid to the Division or the applicant has entered into a payment plan and is current on the required payments.

 

(Source:  Section 1130.300 renumbered from Section 1130.200 and amended at 43 Ill. Reg. 5297, effective May 10, 2019)

 

Section 1130.400  Sexual Harassment Prevention Training

 

a)         All persons who hold a professional license issued by the Division and are subject to a continuing education requirement shall complete a one-hour course in sexual harassment prevention training.  A licensee may count this one hour for completion of this course towards meeting the minimum credit hours required for continuing education.  A licensee who holds multiple licenses issued by the Division may count this one hour for completion of this course towards meeting the minimum credit hours required for continuing education for each professional license without having to repeat the course for each license.

 

b)         The sexual harassment prevention training course may only be provided by the following persons or entities:

 

1)         a Division-approved continuing education provider for any profession licensed by the Division;

 

2)         an entity that is recognized as a continuing education provider under any licensing Act administered by the Division or its rules for any profession licensed by the Division;

 

3)         a State of Illinois agency;

 

4)         an Illinois county agency;

 

5)         an Illinois municipality;

 

6)         a federal agency;

 

7)         an accredited community college, college, or university; or

 

8)         a licensed health care institution, such as a hospital or nursing home, for its own employees and associates.

 

c)         Notwithstanding subsection (b), a licensee completing a course on sexual harassment prevention developed or offered by the Illinois Department of Human Rights [775 ILCS 5] or offered by the licensee’s employer that complies with the minimum training requirements articulated in the Illinois Human Rights Act may count that course toward the one-hour requirement under this Section.

 

d)         The sexual harassment prevention training course shall comply with Section 2-109 of the Illinois Human Rights Act and include, at a minimum, the following topics:

 

1)         an explanation of sexual harassment consistent with the Illinois Human Rights Act;

 

2)         examples of conduct that constitutes unlawful sexual harassment;

 

3)         a summary of relevant federal and State statutory provisions concerning sexual harassment, including remedies available to victims of sexual harassment; and

 

4)         a summary of responsibilities of employers in the prevention, investigation, and corrective measures of sexual harassment.

 

e)         The course shall be presented in a classroom setting, a webinar, or online.

 

f)         Course providers shall be subject to all other continuing education requirements for each profession.

 

g)         Completion of this course shall be a condition of renewing a license.  This course must be repeated for each subsequent renewal period.

 

(Source:  Amended at 46 Ill. Reg. 2648, effective January 28, 2022)

 

Section 1130.500  Implicit Bias Awareness Training

 

a)         All health care professionals who hold a professional license listed in this Section shall complete a one-hour course in implicit bias awareness training.  Implicit bias is a form of bias that occurs automatically and unintentionally, that nevertheless affects judgments, decisions, and behaviors.  A licensee may count this one hour for completion of this course towards meeting the minimum credit hours required for continuing education.  A licensee who holds multiple licenses subject to this requirement may count this one hour for completion of this course towards meeting the minimum credit hours required for continuing education for each professional license without having to repeat the course for each license.

 

b)         The requirement of completion of a one-hour course in implicit bias awareness training shall apply to any person who holds one or more of the following licenses:

 

1)         Physician (medical);

 

2)         Physician (osteopathic);

 

3)         Chiropractic physician;

 

4)         Advanced practice registered nurse;

 

5)         Registered nurse;

 

6)         Licensed practical nurse;

 

7)         Clinical psychologist;

 

8)         Dentist;

 

9)         Dental hygienist;

 

10)        Optometrist;

 

11)        Pharmacist;

 

12)        Registered certified pharmacy technician;

 

13)        Physical therapist;

 

14)        Physical therapist assistant;

 

15)        Physician assistant;

 

16)        Acupuncturist;

 

17)        Athletic trainer

 

18)        Clinical social worker;

 

19)        Social worker;

 

20)        Dietitian nutritionist;

 

21)        Naprapath;

 

22)        Nursing home administrator;

 

23)        Occupational therapist;

 

24)        Occupational therapy assistant;

 

25)        Podiatric physician;

 

26)        Respiratory care practitioner;

 

27)        Clinical professional counselor;

 

28)        Professional counselor;

 

29)        Sex offender evaluator;

 

30)        Sex offender treatment provider;

 

31)        Associate sex offender provider;

 

32)        Speech-language pathologist;

 

33)        Speech-language pathology assistant;

 

34)        Audiologist;

 

35)        Perfusionist;

 

36)        Registered surgical assistant;

 

37)        Registered surgical technologist;

 

38)        Genetic counselor.

 

c)         The implicit bias awareness training course may only be provided by the following persons or entities:

 

1)         a Division-approved continuing education provider for any profession subject to the requirement of implicit bias awareness training;

 

2)         an entity that is recognized as a continuing education provider under any licensing Act administered by the Division for professions subject to the requirements of implicit bias awareness training;

 

3)         a State of Illinois agency;

 

4)         an Illinois county agency;

 

5)         an Illinois municipality;

 

6)         a federal agency;

 

7)         an accredited community college, college, or university; or

 

8)         a licensed health care institution, such as a hospital or nursing home, for its own employees or associates, or an association or other organization in partnership or collaboration with a licensed health care institution.

 

d)         Notwithstanding subsection (c), a licensee completing a course on implicit bias awareness in order to meet any other State licensure requirement, professional accreditation or certification requirement, or health care institutional practice agreement may count that course toward the one-hour requirement under this Section.

 

e)         Notwithstanding subsection (c), a licensee completing a course on implicit bias awareness training developed or offered by the licensee's employer that complies with the minimum training requirements articulated herein may count that course toward the one-hour requirement under this Section. 

 

f)         The implicit bias awareness training course shall include, at a minimum, the following topics:

 

1)         explanation of implicit bias; the difference between explicit and implicit biases;

 

2)         causes of implicit bias; how they form and operate;

 

3)         effects of implicit bias; the harms they cause; and

 

4)         recognizing, interrupting and mitigating implicit bias.

 

g)         The course shall be presented in a classroom setting, a webinar, or online.

 

h)         Course providers shall be subject to all other continuing education requirements for each profession.

 

i)          Completion of this course shall be a condition of renewing a license.  This requirement shall become effective for all applicable license renewals on or after January 1, 2023.  The course must be repeated for each subsequent renewal period.

 

(Source:  Added at 46 Ill. Reg. 2648, effective January 28, 2022)

 

Section 1130.525  Cultural Competency Training

 

a)         All health care professionals who hold a professional license listed in this Section shall complete a one-hour course in cultural competency.  Cultural competency training includes development of a set of integrated attitudes, knowledge, and skills that enables a health care professional or organization to care effectively for patients from diverse cultures, groups, and communities.  A licensee may count this one hour for completion of this course towards meeting the minimum credit hours required for continuing education.  A licensee who holds multiple licenses subject to this requirement may count this one hour for completion of this course towards meeting the minimum credit hours for continuing education for each professional license without having to repeat the course for each license.

 

b)         The requirement of completion of a one-hour course in cultural competency training shall apply to any person who holds one or more of the following licenses:

 

1)         Physician (medical);

 

2)         Physician (osteopathic);

 

3)         Chiropractic physician;

 

4)         Advanced practice registered nurse;

 

5)         Registered nurse;

 

6)         Licensed practical nurse;

 

7)         Clinical psychologist;

 

8)         Optometrist;

 

9)         Physical therapist;

 

10)       Physical therapist assistant;

 

11)       Pharmacist;

 

12)       Registered certified pharmacy technician;

 

13)       Physician assistant;

 

14)       Clinical social worker;

 

15)       Social Worker;

 

16)       Nursing home administrator;

 

17)       Occupational therapist;

 

18)       Occupational therapy assistant;

 

19)       Podiatric physician;

 

20)       Respiratory care practitioner;

 

21)       Clinical professional counselor;

 

22)       Professional counselor;

 

23)       Speech-language pathologist;

 

24)       Speech-language pathology assistant;

 

25)       Audiologist;

 

26)       Dentist;

 

27)       Dental hygienist;

 

28)       Behavior analyst; and

 

29)       Assistant behavior analyst.

 

c)         The cultural competency training course may only be provided by the following persons or entities:

 

1)         a Division-approved continuing education provider for any profession subject to the requirement of cultural competency training;

 

2)         an entity that is recognized as a continuing education provider under any licensing Act administered by the Division for professions subject to the requirement of cultural competency training;

 

3)         a State of Illinois agency;

 

4)         an Illinois county agency;

 

5)         an Illinois municipality;

 

6)         a federal agency;

 

7)         an accredited community college, college, or university; or

 

8)         a licensed health care institution, such as a hospital or nursing home, for its own employees or associates, or an association or other organization in partnership or collaboration with a licensed health care institution.

 

d)         Notwithstanding subsection (c), a licensee completing a course on cultural competency in order to meet any other State licensure requirement, professional accreditation or certification requirement, or health care institutional practice agreement may count that course toward the one-hour requirement under this Section.

 

e)         The course shall be presented in a classroom setting, a webinar, or online.

 

f)         Course providers shall be subject to all other continuing education requirements for each profession.

 

g)         Completion of this course shall be a condition of renewing a license.  This requirement shall become effective for each affected profession for the first applicable license renewal on or after January 1, 2025, at which continuing education requirements apply for that licensee. (See 20 ILCS 2105/2105-370.) The course shall be repeated once every six years.  If a licensee elects to repeat the course more often, the course shall count towards meeting the minimum credit hours required for continuing education for that licensee's profession but no more than one credit hour for any one renewal period. (See 20 ILCS 2105/2105-375.)

 

(Source:  Added at 48 Ill. Reg. 8762, effective June 4, 2024)

 

Section 1130.550  Alzheimer's Disease and Other Dementias Training

 

a)         All health care professionals who hold a professional license listed in this Section shall complete a one-hour course on the diagnosis, treatment, and care of individuals with Alzheimer's disease and other dementias.  This training requirement only applies to health care professionals who provide health care services to and have direct patient interactions with adult populations age 26 or older in their practice.  This training requirement does not apply to health care professionals whose practice is limited to persons under the age of 26.  A licensee may count this one hour for completion of this course towards meeting the minimum credit hours required for continuing education.  A licensee who holds multiple licenses subject to this requirement may count this one hour for completion of this course towards meeting the minimum credit hours for continuing education for each professional license without having to repeat the course for each license.

 

b)         The requirement of completion of a one-hour course in Alzheimer's disease and other dementias shall apply to any person who holds one or more of the following licenses, subject to the limitation in subsection (a):

 

1)         Physician (medical);

 

2)         Physician (osteopathic);

 

3)         Chiropractic physician;

 

4)         Advanced practice registered nurse;

 

5)         Registered nurse;

 

6)         Licensed practical nurse;

 

7)         Clinical psychologist;

 

8)         Optometrist;

 

9)         Physical therapist;

 

10)       Physical therapist assistant;

 

11)       Physician assistant;

 

12)       Clinical social worker;

 

13)       Social worker;

 

14)       Nursing home administrator;

 

15)       Occupational therapist;

 

16)       Occupational therapy assistant;

 

17)       Podiatric physician;

 

18)       Respiratory care practitioner;

 

19)       Clinical professional counselor;

 

20)       Professional counselor;

 

21)       Speech-language pathologist;

 

22)       Speech-language pathology assistant; and

 

23)       Audiologist.

 

c)         The Alzheimer's disease and other dementias course may only be provided by the following persons or entities:

 

1)         a Division-approved continuing education provider for any profession subject to the requirement of Alzheimer's disease and other dementias training;

 

2)         an entity that is recognized as a continuing education provider under any licensing act administered by the Division for professions subject to the requirements of Alzheimer's disease and other dementias training;

 

3)         a State of Illinois agency;

 

4)         an Illinois county agency;

 

5)         an Illinois municipality;

 

6)         a federal agency;

 

7)         an accredited community college, college, or university; or

 

8)         a licensed health care institution, such as a hospital or nursing home, for its own employees or associates, or an association or other organization in partnership or collaboration with a licensed health care institution.

 

d)         Notwithstanding subsection (c), a licensee completing a course on Alzheimer's disease and other dementias in order to meet any other State licensure requirement, professional accreditation or certification requirement, or health care institutional practice agreement may count that course toward the one-hour requirement under this Section.

 

e)         The course shall be presented in a classroom setting, a webinar, or online.

 

f)         Course providers shall be subject to all other continuing education requirements for each profession.

 

g)         Completion of this course shall be a condition of renewing a license.  This requirement shall be effective for each affected profession, subject to the limitation in subsection (a), for the first applicable licensed renewal on or after January 1, 2023, at which continuing education requirements apply for that licensee. (See 20 ILCS 2105/2105-365.) The course shall be repeated once every six years.  If a licensee elects to complete the course more often, the course shall count towards meeting the minimum credit hours required for continuing education for that licensee's profession but no more than one credit hour for any one renewal period. (See 20 ILCS 2105/2105-375.) If a licensee whose profession is listed in subsection (b) but is not subject to the requirement to complete a course of Alzheimer's disease and other dementias elects to complete the course, the course shall count towards meeting the minimum credit hours required for continuing education for that licensee's profession but no more than one credit hour for any one renewal period.

 

(Source:  Added at 48 Ill. Reg. 8762, effective June 4, 2024)

 

Section 1130.600  Variances

 

The Director may grant variances from any provision in the administrative rules for any licensed professional Act administered by the Division on a profession-wide basis when directed by the Governor pursuant to Section 7 of the Illinois Emergency Management Agency Act [20 ILCS 3305] or when the Secretary has determined that there is an emergency operational need, provided that the Secretary finds that:

 

a)         The provision from which the variance is granted is not statutorily mandated;

 

b)         No member of the public will be substantially injured by granting the variance; and

 

c)         The administrative rule from which the variance is granted would be unreasonable or unnecessarily burdensome for the licensed profession to comply with for the duration of the emergency operational need.

 

(Source:  Added at 47 Ill. Reg. 6267, effective April 20, 2023)

 

Section 1130.APPENDIX A   Notice of Order Requiring Chaperone

 

NOTICE OF ORDER REQUIRING CHAPERONE

 

The Illinois Department of Financial and Professional Regulation has ordered ***INSERT PRACTITIONER'S NAME*** to have a chaperone who is a licensed health care worker present during all patient encounters pending the outcome of criminal charges against him/her.  In compliance with this Order, please sign below to acknowledge that you have received a copy of this notice.

 

The health care worker is presumed innocent until proven guilty of the charges.

 

 

Patient:

 

_____________________________________________________________

Print Name

 

__________________________________                ___________________

Signature                                                                     Date

 

 

 

Chaperone:

 

_____________________________________________________________

Print Name

 

__________________________________                ___________________

Signature                                                                     Date

 

(Source:  Added at 37 Ill. Reg. 1192, effective February 1, 2013)