ADMINISTRATIVE CODE

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1310 NURSING HOME ADMINISTRATORS LICENSING AND DISCIPLINARY ACT

Section 1310.10 Statutory Authority (Repealed)

Section 1310.20 Temporary License

Section 1310.30 Application for Examination

Section 1310.40 Approved Nursing Home Administration Courses

Section 1310.50 Qualifying Experience

Section 1310.60 Examination

Section 1310.65 Fees

Section 1310.70 Endorsement

Section 1310.75 Renewals

Section 1310.80 Restoration

Section 1310.85 Continuing Education

Section 1310.90 Granting Variances

Section 1310.100 Professional Conduct Standards

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1310 NURSING HOME ADMINISTRATORS LICENSING AND DISCIPLINARY ACT
SECTION 1310.10 STATUTORY AUTHORITY (REPEALED)

Section 1310.10 Statutory Authority (Repealed)

(Source: Repealed at 13 Ill. Reg. 15653, effective September 25, 1989)

Section 1310.20 Temporary License

a) An applicant for a temporary license shall file an application on forms supplied by the Department, together with:

1) A statement of sound physical and mental health, dated within one year preceding application, signed by a currently licensed physician, physician assistant, advanced practice registered nurse, or full practice authority advanced practice registered nurse (nothing in this subsection shall require a physical or mental examination for any applicant who is a member of a recognized church or religious denomination which teaches reliance on spiritual means alone for healing) (the Nursing Home Administrators Licensing and Disciplinary Act (the Act) [225 ILCS 70]);

2) Certification of graduation from high school or proof of a general education diploma (GED);

3) Certified education/experience records of any one of the following:

A) Graduation from an accredited college or university with the minimum of a baccalaureate degree;

B) Completion of an approved course of instruction in nursing home administration as outlined in Section 1310.40;

C) Graduation from a three year diploma nurse program and an employer's affidavit certifying to two years of qualifying experience as described in Section 1310.50; or

D) An associate degree or a minimum of 60 semester hours or 90 quarter hours of credit earned from an accredited college or university and an employer's affidavit certifying to two years of qualifying experience as described in Section 1310.50;

4) Certification, for those applying pursuant to Section 3(3) of the Act, that the applicant is certified by a recognized church or religious denomination which teaches reliance on spiritual healing, as having been approved to administer institutions certified by such church or denomination for the care and treatment of the sick in accordance with its teaching. Such applicant will be issued a Limited Temporary Nursing Home Administrator License which will allow the individual to be an administrator in an institution of the certifying church or denomination;

5) An employer's statement of the acceptance or appointment of the applicant as a full-time nursing home administrator in a facility licensed to provide nursing care by the Illinois Department of Public Health, which includes the expected beginning date of the applicant's employment as an administrator. For purposes of this Section, "full-time" shall mean working at least as many hours as the Illinois Department of Public Health requires of nursing home administrators in that particular facility;

6) A complete work history since completion of education set forth in subsection (a)(2) until present; and

7) The required fee set forth in Section 1310.65.

b) An applicant for a temporary license as a nursing home administrator may act as a nursing home administrator for a period of up to 60 days prior to the issuance of a license if the applicant has submitted the required fee and an application for licensure to the Department. This 60-day period may be extended until the next Board meeting if action by the Board is required. The applicant shall keep a copy of the submitted application on the premises where the applicant is engaged in the practice as a nursing home administrator. The authority to practice shall terminate immediately upon the denial of licensure by the Department or the withdrawal of the application. (Section 9 of the Act)

c) The holder of a temporary license shall only be authorized to serve as administrator of the facility indicated on the application. A temporary license as an administrator becomes void and shall be surrendered upon the termination, or interruption, of the holder's service as an administrator to the facility for which the temporary license was granted or one year from the date of issuance, whichever comes first. No permanent license will be issued until the temporary license has been returned to the Department. An individual shall be issued only one temporary license.

d) An applicant may request in writing an extension of a temporary license and pay a $20 processing fee which covers the cost of printing a new temporary license. Upon the recommendation of the Board and approval by the Department, a temporary license shall be extended for an additional 12 months, or any portion thereof, for the following reasons:

1) Interruption of work during the initial 12 month period of temporary licensure for service in the military;

2) Interruption of the initial 12 month period for incapacitating illness and/or hospitalization verified by a physician; or

3) Interruption of the initial 12 month period because of an unanticipated change of residence necessitating surrender of the temporary certificate.

e) A temporary license shall be extended upon request from the license holder pending the successful completion of the next available nursing home administrator examination and the permanent license being issued. No license will be issued until the temporary license has been returned to the Department. In the event the individual fails to take the next available examination or fails to successfully complete the next available examination for licensure set forth in Section 1310.60, the temporary license shall be void and the individual shall be practicing as a nursing home administrator without a license and subject to discipline in accordance with Section 17 of the Act.

f) Upon approval of the temporary license, the applicant shall be eligible to sit for the examination set forth in Section 1310.60.

(Source: Amended at 48 Ill. Reg. 12280, effective August 2, 2024)

Section 1310.30 Application for Examination

a) An applicant for a license as a nursing home administrator shall file an application on forms supplied by the Department, at least 60 days prior to an examination date, together with:

1) Certification of graduation from high school or a GED;

2) Certified records of education and experience of any one of the following:

A) Graduation from an accredited college or university with the minimum of a baccalaureate degree;

B) Satisfactory completion of an approved course of instruction in nursing home administration as outlined in Section 1310.40;

C) Graduation from a three year diploma nurse program and an employer's affidavit certifying two years of qualifying experience as described in Section 1310.50; or

D) An associate degree or a minimum of 60 semester or 90 quarter hours of credit earned from an accredited college or university and an Employer's Affidavit certifying to the applicant's qualifying experience as described in Section 1310.50;

3) Certification, for those applying pursuant to Section 3(3) of the Act, that the applicant is certified by a recognized church or religious denomination which teaches reliance on spiritual means alone for healing, as having been approved to administer institutions certified by such church or denomination for the care and treatment of the sick in accordance with its teaching. Such applicant upon successful completion of the examination set forth in Section 1310.60(f), will be issued a Limited Nursing Home Administrator License which will allow the individual to be an administrator in an institution of the certifying church or denomination;

4) A statement of sound physical and mental health, dated within one year preceding application, signed by a currently licensed physician, physician assistant, advanced practice registered nurse, or full practice authority advanced practice registered nurse (nothing in this subsection shall require a physical or mental examination for any applicant who is a member of a recognized church or religious denomination which teaches reliance on spiritual means alone for healing (Section 3(3) of the Act));

5) A complete work history since completion of education set forth in subsection (a); and

6) The required fee set forth in Section 1310.65.

b) An applicant for a license by examination who has taken the National Association of Board of Examiners for Nursing Home Administrators examination in another jurisdiction shall have the examination scores submitted to the Department by the reporting entity. The passing score shall be 75 prior to July 1993. Beginning in July 1993, the passing score shall be a scale score of 113 in accordance with Section 1310.60.

(Source: Amended at 48 Ill. Reg. 12280, effective August 2, 2024)

Section 1310.40 Approved Nursing Home Administration Courses

The Department, upon the recommendation of the Nursing Home Administrators Licensing and Disciplinary Board (the "Board"), shall approve courses of instruction in nursing home administration offered by an accredited college or university which include instruction in the following areas:

a) Nursing Home Administration; including planning, organization, operations and services, resource development, supervision of staff, and control and evaluation of facility performance. Government Relations; including state and federal laws (i.e., Social Security Act (42 USC 301 et seq.) and Nursing Home Care Act [210 ILCS 45]) and rules and regulations for both programs and physical plants which relate to the nursing home profession.

b) Personnel Management; including managing people for the specific needs of the long-term care facility, recruitment and selection, orientation, training and development of employees, development of employee appraisal programs, communications, wage and salary administration, union procedures, and employee-management relations, discipline and morale.

c) Accounting and Financial Management; including basic accounting, adjustment of accounts, preparation of financial statements, financial management planning, effective use of resources, financial performance evaluation, cost analysis, and budgeting.

d) Social Gerontology and/or Geriatrics; including biology of aging, psychology of aging, changing social roles of aging, personal adjustment to aging, programs for health improvement and rehabilitation, financial aspects of aging, retirement, independency and dependency of aging persons, societal disengagement, impact of living arrangements, and interaction between the institution and the needs of patients.

(Source: Amended at 23 Ill. Reg. 5728, effective April 30, 1999)

Section 1310.50 Qualifying Experience

Qualifying experience for applicants under Sections 1310.20(a)(3)(C) and (D) and 1310.30 (a)(2)(C) and (D) shall include one of the following:

a) Two years of full-time employment as an assistant nursing home administrator or director of nursing in a facility licensed by the Illinois Department of Public Health pursuant to the Nursing Home Care Act;

b) Two years of management experience in a corporation which owns and operates licensed nursing home facilities. This experience shall include direct contact with the nursing home administrator in the implementing, coordinating, supervising, and evaluating the daily operations of the nursing homes under his charge and ensuring that the laws, regulations, policies, and procedures for nursing home facilities or related facility were implemented and followed.

(Source: Amended at 23 Ill. Reg. 5728, effective April 30, 1999)

Section 1310.60 Examination

a) The first portion of the examination for licensure as a nursing home administrator shall be the national examination of the National Association of Boards of Examiners for Nursing Home Administrators. The passing score shall be 75 prior to July 1993. Beginning in July 1993, the passing score shall be a scale score of 113.

b) The second portion of the examination shall be the Illinois Supplemental examination which will cover the Nursing Home Care Act and the rules promulgated by the Illinois Department of Public Health for the administration of this Act (77 Ill. Adm. Code 300, 350 and 390) and the Nursing Home Administrators Licensing and Disciplinary Act and the rules set forth in this Part for the administration of the Act. The passing score on this portion of the examination shall be 75.

c) An applicant who fails either portion of the examination shall be required to retake only that portion in which a passing score was not achieved. The applicant shall have 3 years from the date of application to pass both portions of the examination.

d) If an applicant fails to pass either portion of the examination for licensure within three years after filing the application, the application shall be denied. However, each applicant may make a new application for examination, accompanied by the required fee and meeting the education and experience requirements for licensure at the time of application. Such applicant will be required to take both portions of the examination on the first examination attempt. If an applicant fails either portion, he/she shall be required to retake the examination in accordance with subsection (c) above.

e) For those individuals who are applying as members of a recognized church or religious denomination, which teaches reliance on spiritual means alone for healing (Section 3(3) of the Act), an examination will be administered which will not require the individual to demonstrate proficiency in any medical techniques.

f) An applicant for a license by examination, who has taken the National Association of Boards of Examiners for Nursing Home Administrators examination in another jurisdiction, shall have the examination scores submitted to the Department by the reporting entity. The passing score shall be 75 prior to July 1993. Beginning in July 1993, the passing score shall be a scale score of 113 as set forth in subsection (a) above.

(Source: Amended at 17 Ill. Reg. 17220, effective September 27, 1993)

Section 1310.65 Fees

The following fees shall be paid to the Department and are not refundable:

a) Application Fees.

1) The fee for application for a license as a nursing home administrator is $100. In addition, applicants for an examination shall be required to pay, either to the Department or to the designated testing service, a fee covering the cost of determining an applicant's eligibility and 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.

2) The application fee for a license as a nursing home administrator certified or licensed under the laws of another jurisdiction is $150.

3) The application fee for a temporary license as provided for in the Act is $75.

4) The application fee for a continuing education sponsor is $500. State agencies, State colleges and State universities in Illinois shall be exempt from this fee.

b) Renewal Fees.

1) The fee for the renewal of a license shall be calculated at the rate of $50 per year.

2) The fee for renewal as a continuing education sponsor shall be calculated at the rate of $250 per year.

c) General Fees.

1) The fee for the restoration of a license other than from inactive status is $20 plus payment of all lapsed renewal fees.

2) The fee for the issuance of a duplicate license, for the issuance of a replacement license, for a license which has been lost or destroyed or for the issuance of a license with a change of name or address other than during the renewal period is $20. No fee is required for name and address changes on Department records when no duplicate license is issued.

3) The fee for a certification of a licensee's record for any purpose is $20.

4) The fee to have the scoring of an examination administered by the Department reviewed and verified is $20, plus any fee charged by the testing service.

5) The fee for a wall certificate showing licensure shall be the actual cost of producing such certificate.

6) The fee for a roster of persons licensed as nursing home administrators in this State shall be the actual cost of producing such a roster.

(Source: Added at 22 Ill. Reg. 3887, effective February 5, 1998)

Section 1310.70 Endorsement

a) An applicant for a license as a nursing home administrator who is licensed under the laws of another jurisdiction of the United States shall file an application with the Department, together with:

1) Certification of graduation from high school or a GED;

2) Verification, on forms provided by the Department, of education and/or qualifying experience of any one of the following:

A) Graduation from an accredited college or university with the minimum of a baccalaureate degree;

B) Completion of an approved course of instruction in nursing home administration as outlined in Section 1310.40;

C) Graduation from a three year diploma nurse program and an employer's affidavit certifying to two years of qualifying experience as described in Section 1310.50;

D) An associate degree or a minimum of 60 semester or 90 quarter hours of credit earned from an accredited college or university and an employer's affidavit certifying to the applicant's qualifying experience as described in Section 1310.50; or

E) Certification of completion of the Professional Certification Program for Nursing Home Administrators developed by the Foundation of the American College of Health Care Administrators;

3) Certification, for those applying pursuant to Section 3(3) of the Act, that the applicant is certified by a recognized church or religious denomination which teaches reliance on spiritual means alone for healing, as having been approved to administer institutions certified by such church or denomination for the care and treatment of the sick in accordance with its teaching. Such applicant will be issued a Limited Nursing Home Administrator License which will allow the individual to be an administrator in an institution of the certifying church or denomination;

4) A certification from the U.S. jurisdiction of original licensure, stating:

A) The time during which the applicant was licensed in that state;

B) Whether the file on the applicant contains any record of any disciplinary actions taken or pending pursuant to Section 17 of the Act; and

C) Examination(s) taken and examination scores received;

5) A statement of sound physical and mental health, dated within one year preceding application, signed by a currently licensed physician, physician assistant, advanced practice registered nurse, or full practice authority advanced practice registered nurse (nothing in this subsection (a)(3) shall require a physical or mental examination for any applicant who is a member of a recognized church or religious denomination which teaches reliance on spiritual means alone for healing) (Section 3(3) of the Act);

6) A work history since completion of education as set forth in subsection (a)(1);

7) Successful completion of the Illinois Supplemental examination in accordance with Section 1310.60(b); and

8) The required fee as set forth in Section 1310.65.

b) The Department shall examine each endorsement application to determine whether the requirements in the other jurisdiction at the date of licensure were substantially equivalent to the requirements then in force in this State, if the applicant's qualifications were, at the date of licensure in the other jurisdiction, substantially equivalent to the requirements then in force in this State, and whether the applicant has otherwise complied with the Act.

c) When the accuracy of any submitted documentation, or the relevance or sufficiency of the course work or experience is questioned by the Department because of a lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure by endorsement shall be requested to:

1) Provide such information as may be necessary; and/or

2) Appear for an interview before the Board to explain such relevance or sufficiency, clarify information, or clear up any discrepancies or conflicts in information.

d) The Department shall either approve an applicant to sit for the Illinois Supplemental examination or notify the applicant in writing of the reasons for the denial of the application.

(Source: Amended at 48 Ill. Reg. 12280, effective August 2, 2024)

Section 1310.75 Renewals

a) Every license issued under the Act shall expire on November 30 of each odd numbered year. The holder of a license may renew the license during the month preceding the expiration date by paying the required fee and certifying to fulfilling the continuing education requirements set forth in Section 1310.85 of this Part.

b) It is the responsibility of each licensee to notify the Department of any change of address. Failure to receive a renewal form from the Department shall not constitute an excuse for failure to pay the renewal fee or to renew one's license.

c) Practicing or offering to practice on a license which has expired shall be considered unlicensed activity and shall be grounds for discipline pursuant to Section 17 of the Act.

(Source: Amended at 16 Ill. Reg. 12565, effective July 27, 1992)

Section 1310.80 Restoration

a) A person seeking restoration of a license which has expired for 5 years or less shall have the license restored upon payment of $20 plus all lapsed renewal fees required by Section 1310.65 of this Part and proof of the successful completion of 36 hours of continuing education or 3 semester hours of completed college level course work in accordance with Section 1310.85 during the 2 years prior to restoration.

b) A person seeking restoration of a license which has been placed on inactive status for 5 years or less shall have the license restored upon payment of the current renewal fee and proof of the successful completion of 36 hours of continuing education or 3 semester hours of completed college level course work in accordance with Section 1310.85 during the 2 years prior to restoration.

c) A person applying for restoration of a license as a nursing home administrator which has been expired or on inactive status for more than 5 years shall file an application with the Department, together with proof of 36 hours of continuing education or 3 semester hours of completed college level course work in accordance with Section 1310.85 during the 2 years prior to restoration and the fee required by Section 1310.65 of this Part. The applicant shall also:

1) Submit certification of licensure as a nursing home administrator in another jurisdiction and active practice for 3 of the last 5 years prior to application. Such certification of licensure shall include a statement from the appropriate board of licensing authority in another jurisdiction that the licensee was licensed and in good standing; or

2) Submit an affidavit attesting to military service as provided in Section 11 of the Act; or

3) Submit proof of an additional 36 hours of continuing education in accordance with Section 1310.85 completed within 2 years prior to restoration application; or

4) Pass both portions of the examination provided for in Section 1310.60.

d) When the accuracy of any submitted documentation, or the relevance or sufficiency of the course work or experience is questioned by the Department because of a lack of information, discrepancies or conflicts in information given, or a need for clarification, the licensee seeking restoration shall be requested to:

1) Provide such information as may be necessary; and/or

2) Appear for an interview before the Board to explain such relevance or sufficiency, clarify information, or clear up any discrepancies or conflicts in information. Upon recommendation of the Board and approval by the Department, an applicant shall have the license restored.

(Source: Amended at 23 Ill. Reg. 5728, effective April 30, 1999)

Section 1310.85 Continuing Education

a) Continuing Education Hour Requirements

1) Every renewal applicant shall complete 36 hours of continuing education (CE) relevant to the practice of nursing home administration required during each prerenewal period. The Department shall conduct random audits to verify compliance with this Section. The prerenewal period is the 24 months preceding the expiration date of the license.

2) A renewal applicant is not required to comply with CE requirements for the first renewal following the original issuance of the license.

3) Nursing home administrators licensed in Illinois but residing and practicing in other states must comply with the CE requirements set forth in this Section.

b) Activities for which CE credit may be earned are as follows:

1) Verified attendance or participation in any CE course approved by the National Continuing Education Review Service of the National Association of Boards of Examiners of Nursing Home Administrators.

2) Verified attendance at or participation in a program given by a sponsor as set forth in subsection (c)(1).

3) A maximum of 12 hours per prerenewal period for:

A) Papers prepared or delivered before recognized nursing home administration and nursing home organizations;

B) Papers published in nationally recognized nursing home administration journals; and

C) A chapter in a book of nursing home administration.

4) A licensee who serves as an instructor, speaker or discussion leader of an approved course will be allowed CE course credit for actual presentation time, plus actual preparation time of up to 2 hours for each hour of presentation. Preparation time shall not be allowed for presentations of the same course and will only be allowed for additional study or research. In no case shall credit for actual time of presentation and preparation be given for more than 9 hours during any renewal period.

5) The CE hours used to satisfy the CE requirements for renewal of a nursing home administrator license held in another jurisdiction shall be applied to fulfillment of the CE requirements for renewal of an Illinois nursing home administrator license.

6) Courses that are part of the curriculum of a university, college or other educational institution shall be allotted CE credit at the rate of 12 CE hours for each semester hour or 8 CE hours for each quarter hour of school credit awarded.

7) A CE hour equals 60 minutes. After completion of the initial CE hour, credit may be given in one-half hour increments.

8) No credit will be given for activities including, but not limited to, attendance at meetings or reading of journals.

9) All CE hours may be obtained through online courses.

c) CE Sponsors and Programs

1) Sponsor, as used in this Section, shall mean:

A) LeadingAge Illinois;

B) The Illinois Council on Long Term Care;

C) Illinois Health Care Association;

D) The Illinois Nursing Home Administrators Association;

E) National Continuing Education Review Service;

F) The Illinois Chapter of American College of Health Care Administrators; or

G) Any other school, college or university, State agency, or any other person, firm, or association that has been approved and authorized by the Department to coordinate and present CE courses and programs in conjunction with this Section.

2) A sponsor shall file a sponsor application, along with the required fee set forth in Section 1310.65, certifying that:

A) All courses and programs offered by the sponsor for CE credit will comply with the criteria in subsection (c)(5) and all other criteria in this Section. The applicant shall be required to submit a sample 3 hour CE program with course materials, presenter qualifications, and course outline for review prior to being approved as a CE sponsor;

B) The sponsor will be responsible for verifying attendance at each course or program and provide a certificate of completion as set forth in subsection (c)(7); and

C) Upon request by the Department, the sponsor will submit such evidence as is necessary to establish compliance with this Section. The evidence shall be required when the Department has reason to believe that there is not full compliance with the Act and this Part and that this information is necessary to ensure compliance.

3) Each sponsor shall submit, by November 30 of each odd-numbered year, a sponsor renewal application, along with the required fee set forth in Section 1310.65. With the renewal application, the sponsor shall be required to submit to the Department a list of all courses and programs offered in the past 2 years that includes a description, location, date and time the course was offered.

4) State agencies, colleges and universities shall submit a sponsor application in accordance with subsections (c)(2) and (3); however, they shall be exempt from payment of the fee in accordance with Section 1310.65.

5) All courses and programs shall:

A) Contain materials that contribute to the advancement, extension and enhancement of professional skills and knowledge in the practice of nursing home administration;

B) Specify the course objectives, course content and teaching methods to be used;

C) Be developed and presented by persons with education and/or experience in the subject matter of the program;

D) Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for license renewal; and

E) Include some mechanism by which participants evaluate the overall quality of the program.

6) An approved sponsor may subcontract with individuals and organizations to provide approved programs. All advertising, promotional materials, and certificates of attendance must identify the licensed sponsor and the sponsor's license number. The presenter of the program may also be identified, but should be identified as a presenter. When a licensed sponsor subcontracts with a presenter, the licensed sponsor retains all responsibility for monitoring attendance, providing certificates of attendance, and ensuring the program meets all of the criteria established by the Act and this Part, including the maintenance of records.

7) All programs given by sponsors shall be open to all licensed nursing home administrators and not be limited to the members of a single organization or group.

8) Certificate of Attendance or Participation. It shall be the responsibility of the sponsor to provide each participant in an approved program or course with a certificate of attendance or participation that shall contain the following information:

A) The name and address of the sponsor;

B) The name, address and license number of the participant;

C) A brief statement of the subject matter;

D) The number of clock hours actually attended in each program;

E) The date and place of the program; and

F) The signature of the sponsor.

9) The sponsor shall maintain course materials and attendance records containing all information in subsection (c)(8) for not less than 5 years, except for the signature of the sponsor.

10) The sponsor shall be responsible for assuring that no renewal applicant shall receive CE credit for time not actually spent attending the program.

11) If a sponsor should fail to comply with any of the foregoing requirements, the Department, after notice to the sponsor and hearing before, and recommendation by, the Board, shall thereafter refuse to accept for CE credit attendance at or participation in any of that sponsor's CE activities until the Department receives assurances of compliance with this Section.

12) Notwithstanding any other provision of this Section, the Department or Board may evaluate any sponsor of any CE program at any time.

13) The Department shall maintain a list of all approved CE sponsors.

d) Continuing Education Earned in Other Jurisdictions

1) If a renewal applicant will be earning or has earned CE hours in another jurisdiction, but is not licensed in that jurisdiction, and when the course is not presented by an approved sponsor, the applicant shall submit an individual program approval request form, along with a $20 processing fee, to have the program reviewed. The Board shall review and recommend approval or disapproval of the programs using the criteria set forth in subsection (c)(5). Applicants may seek individual program approval prior to participation in the course or program. All individual program approval requests shall be submitted prior to the expiration date of the license.

2) If a licensee fails to submit an out-of-state CE approval form within the required time, late approval may be obtained by submitting the application with the $20 processing fee plus a $10 per hour late fee not to exceed $150. The Board shall review and recommend approval or disapproval of this program using the criteria set forth in this Section.

e) Certification of Compliance with CE Requirements

1) Each renewal applicant shall certify, on the renewal application, to full compliance with the CE requirements set forth in subsection (a).

2) The Department may require additional documentation in order to demonstrate compliance with the CE requirements. It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance. The additional documentation will be required in the context of the Department's random audit.

3) When there appears to be a lack of compliance with CE requirements, an applicant will be notified and may request an interview with the Board, at which time the Board may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act [5 ILCS 100].

f) Restoration of Nonrenewed License. Upon evidence of compliance with CE requirements, the Department shall restore the license upon payment of the required fee.

g) Waiver of CE Requirements

1) Any renewal applicant seeking renewal of a license without having fully complied with this Section shall file with the Department a renewal application, the required renewal fee, a statement setting forth the facts concerning the non-compliance, and a request for waiver of the CE requirements on the basis of these facts. If the Department, upon the written recommendation of the Board, finds from the applicant's affidavit or any other evidence submitted, that extreme hardship has been shown to substantiate the granting of a waiver, the Department shall waive enforcement of those requirements for the renewal period for which the applicant has applied.

2) If an interview with the Board is requested at the time the request for the waiver is filed with the Department, the renewal applicant shall be given at least 20 days written notice of the date, time and place of the interview by certified mail, return receipt requested.

3) Extreme hardship shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable prerenewal period because of:

A) Full-time service in the armed forces of the United States of America during a substantial part of the prerenewal period;

B) An incapacitating illness, documented by a currently licensed physician, physician assistant, advanced practice registered nurse, or full practice authority advanced practice registered nurse;

C) A physical inability to travel to the sites of approved programs documented by a currently licensed physician, physician assistant, advanced practice registered nurse, or full practice authority advanced practice registered nurse; or

D) Any other similar extenuating circumstances (i.e., family illness and prolonged hospitalization).

4) Any renewal applicant who, prior to the expiration date of the license, submits a request for a waiver, pursuant to the provisions of this Section, shall be deemed to be in good standing until the Department's final decision on the application has been made.

(Source: Amended at 48 Ill. Reg. 12280, effective August 2, 2024)

Section 1310.90 Granting Variances

a) The Director may grant variances from these rules in individual cases where he/she finds that:

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

2) no party will be injured by the granting of the variance; and

3) the rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

b) The Director shall notify the Nursing Home Administrators Licensing Board of the granting of such variance, and the reasons therefore, at the next meeting of the Board.

(Source: Amended at 16 Ill. Reg. 12565, effective July 27, 1992)

Section 1310.100 Professional Conduct Standards

The Department may suspend or revoke a license, refuse to issue or renew a license or take other disciplinary action, based upon its finding of "unethical, unauthorized, or unprofessional conduct" within the meaning of Section 17 of the Act, which is interpreted to include, but is not limited to, the following acts or practices:

a) Practicing, condoning, facilitating or collaborating with any form of discrimination against any person or group on the basis of race, color, sex, sexual orientation, age, religion, national origin, marital status, political belief, mental or physical handicap, or any other preference or personal characteristic, condition or status.

b) Engaging in the sexual exploitation of clients.

c) Engaging in or condoning sexual harassment, which is defined as deliberate or repeated comments, gestures or physical contacts of a sexual nature.

d) Failing to take appropriate steps to protect the privacy of a client and avoid unnecessary disclosures of confidential information.

e) Performing, or claiming to be able to perform, professional services beyond one's scope of practice and one's competency.

f) Submission of fraudulent claims for services to any person or entity including, but not limited to, health insurance companies or health service plans or third party payors.

(Source: Added at 23 Ill. Reg. 5728, effective April 30, 1999)