Section 1300.120  Care Counseling and Treatment Agreement

a)         The Division may offer a care, counseling and treatment agreement to an impaired nurse in accordance with this Section..

b)         Eligibility for consideration for a care, counseling and treatment agreement will include but not be limited to the following:

1)         Licensee must have no prior disciplinary action in any jurisdiction concerning practice issues related to substance abuse;

2)         Licensee has not been convicted criminally of any felony or drug-related misdemeanor, nor is any such criminal action pending;

3)         Licensee acknowledges a substance use disorder or impairment; and

4)         Licensee has appeared for and submitted to an assessment by a physician who is a certified addictionist or an advanced practice registered nurse with specialty certification in addiction and has followed the recommendations of the assessment.  Evaluations submitted from another state may be accepted if the evaluator was approved by the nursing board of that state.  Evaluations that satisfy court orders will also be accepted.

c)         Pursuant to Section 70-5(e) of the Act, all substance-related allegations mandate an automatic substance abuse assessment.

1)         The Department will direct a licensee to complete and submit to the Department an approved substance abuse assessment within 30 days.  The licensee shall be responsible for the expense of the substance abuse assessment.  A licensee's failure to timely complete a substance abuse assessment in the manner prescribed by the Department shall result in an automatic suspension pursuant to Section 70‑5(e) of the Act.

2)         A licensee subject to a suspension under this subsection (c) may request a hearing to contest the grounds for the suspension by submitting a written request to the Department within 30 days after the effective date of the suspension.  A hearing must be convened by the Department within 15 days after receipt of the written request and completed without appreciable delay.

3)         A licensee subject to a suspension under this subsection (c) may request a hearing to terminate the suspension by submitting a written request to the Department.  A suspension may be terminated provided that the licensee establishes the ability to practice with reasonable judgment, skill, and safety and warrants the public trust.  When determining whether a licensee is able to practice with reasonable judgement, skill, and safety and warrants public trust, the Department will consider, but is not limited to, a drug evaluation and any recommendations or opinion made by the professional completing the evaluation.

(Source:  Amended at 49 Ill. Reg. 6052, effective May 9, 2025)