HB5522 101ST GENERAL ASSEMBLY

LRB101 19117 SPS 68580 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5522

Introduced , by Rep. Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:

225 ILCS 60/20	from Ch. 111, par. 4400-20
225 ILCS 65/55-35
225 ILCS 65/60-40
225 ILCS 65/65-60	was 225 ILCS 65/15-45
225 ILCS 95/11.5

Amends the Medical Practice Act of 1987, the Nurse Practice Act, and the Physician Assistant Practice Act of 1987. Provides that the rules adopted by the Department of Financial and Professional Regulation concerning continuing education shall require that, on and after January 1, 2022, all continuing education courses for persons licensed under the Acts contain curriculum that includes the understanding of implicit bias in the practice of medicine. Provides that a continuing education course dedicated solely to research or other issues that does not include a direct patient care component is not required to contain curriculum that includes implicit bias in the practice of medicine. Specifies requirements that continuing education courses must satisfy. Effectively immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. The General Assembly finds and declares all of the following:

(a) Implicit bias, meaning the attitudes or internalized stereotypes that affect our perceptions, actions, and decisions in an unconscious manner, exists and often contributes to unequal treatment of people based on race, ethnicity, gender identity, sexual orientation, age, disability, and other characteristics.

(b) Implicit bias contributes to health disparities by affecting the behavior of physicians and surgeons, nurses, physician assistants, and other healing arts licensees.

(c) African American women are 3 to 4 times more likely than white women to die from pregnancy-related causes nationwide. African American patients often are prescribed less pain medication than white patients who present the same complaints. African American patients with signs of heart problems are not referred for advanced cardiovascular procedures as often as white patients with the same symptoms.

(d) Implicit gender bias also impacts treatment decisions and outcomes. Women are less likely to survive a heart attack when they are treated by a male physician and surgeon. LGBTQ and gender-nonconforming patients are less likely to seek timely medical care because they experience disrespect and discrimination from health care staff, with one out of 5 transgender patients nationwide reporting that they were outright denied medical care due to bias.

(e) The General Assembly intends to reduce disparate outcomes and ensure that all patients receive fair treatment and quality health care.

Section 5. The Medical Practice Act of 1987 is amended by changing Section 20 as follows:

(225 ILCS 60/20) (from Ch. 111, par. 4400-20)

(Section scheduled to be repealed on January 1, 2022)

Sec. 20. Continuing education.

(a) The Department shall promulgate rules of continuing education for persons licensed under this Act that require an average of 50 hours of continuing education per license year. These rules shall be consistent with requirements of relevant professional associations, specialty societies, or boards. The rules shall also address variances in part or in whole for good cause, including, but not limited to, temporary illness or hardship. In establishing these rules, the Department shall consider educational requirements for medical staffs, requirements for specialty society board certification or for continuing education requirements as a condition of membership in societies representing the 2 categories of licensee under this Act. These rules shall assure that licensees are given the opportunity to participate in those programs sponsored by or through their professional associations or hospitals which are relevant to their practice.

(b) Except as otherwise provided in this subsection, the rules adopted under this Section shall require that, on and after January 1, 2022, all continuing education courses for persons licensed under this Act contain curriculum that includes the understanding of implicit bias. Beginning January 1, 2023, continuing education providers shall ensure compliance with this Section. Beginning January 1, 2023, the Department shall audit continuing education providers at least once every 5 years to ensure adherence to regulatory requirements and shall withhold or rescind approval from any provider that is in violation of the requirements of this subsection.

A continuing education course dedicated solely to research or other issues that does not include a direct patient care component is not required to contain curriculum that includes implicit bias in the practice of medicine.

To satisfy the requirements of this subsection, continuing education courses shall address at least one of the following:

(1) examples of how implicit bias affects perceptions and treatment decisions, leading to disparities in health outcomes; or

(2) strategies to address how unintended biases in decision making may contribute to health care disparities by shaping behavior and producing differences in medical treatment along lines of race, ethnicity, gender identity, sexual orientation, age, socioeconomic status, or other characteristics.

(c) Each licensee is responsible for maintaining records of completion of continuing education and shall be prepared to produce the records when requested by the Department.

(Source: P.A. 97-622, eff. 11-23-11.)

Section 10. The Nurse Practice Act is amended by adding Sections changing Sections 55-35, 60-40, 65-60 as follows:

(225 ILCS 65/55-35)

(Section scheduled to be repealed on January 1, 2028)

Sec. 55-35. Continuing education for LPN licensees.

(a) The Department may adopt rules of continuing education for licensed practical nurses that require 20 hours of continuing education per 2-year license renewal cycle. The rules shall address variances in part or in whole for good cause, including without limitation illness or hardship. The continuing education rules must ensure that licensees are given the opportunity to participate in programs sponsored by or through their State or national professional associations, hospitals, or other providers of continuing education.

(b) Except as otherwise provided in this subsection, the rules adopted under this Section shall require that, on and after January 1, 2022, all continuing education courses for licensed practical nurses licensed under this Act contain curriculum that includes the understanding of implicit bias. Beginning January 1, 2023, continuing education providers shall ensure compliance with this Section. Beginning January 1, 2023, the Department shall audit continuing education providers to verify their compliance with this Section.

A continuing education course dedicated solely to research or other issues that does not include a direct patient care component is not required to contain curriculum that includes implicit bias in the practice of nursing.

To satisfy the requirements of this subsection, continuing education courses shall address at least one of the following:

(1) examples of how implicit bias affects perceptions and treatment decisions, leading to disparities in health outcomes; or

(2) strategies to address how unintended biases in decision making may contribute to health care disparities by shaping behavior and producing differences in medical treatment along lines of race, ethnicity, gender identity, sexual orientation, age, socioeconomic status, or other characteristics.

(c) Each licensee is responsible for maintaining records of completion of continuing education and shall be prepared to produce the records when requested by the Department.

(Source: P.A. 95-639, eff. 10-5-07.)

(225 ILCS 65/60-40)

(Section scheduled to be repealed on January 1, 2028)

Sec. 60-40. Continuing education for RN licensees.

(a) The Department may adopt rules of continuing education for registered professional nurses licensed under this Act that require 20 hours of continuing education per 2-year license renewal cycle. The rules shall address variances in part or in whole for good cause, including without limitation illness or hardship. The continuing education rules must ensure that licensees are given the opportunity to participate in programs sponsored by or through their State or national professional associations, hospitals, or other providers of continuing education.

(b) Except as otherwise provided in this subsection, the rules adopted under this Section shall require that, on and after January 1, 2022, all continuing education courses for registered professional nurses licensed under this Act contain curriculum that includes the understanding of implicit bias. Beginning January 1, 2023, continuing education providers shall ensure compliance with this Section. Beginning January 1, 2023, the Department shall audit continuing education providers to verify their compliance with this Section.

A continuing education course dedicated solely to research or other issues that does not include a direct patient care component is not required to contain curriculum that includes implicit bias in the practice of nursing.

To satisfy the requirements of this subsection, continuing education courses shall address at least one of the following:

(1) examples of how implicit bias affects perceptions and treatment decisions, leading to disparities in health outcomes; or

(2) strategies to address how unintended biases in decision making may contribute to health care disparities by shaping behavior and producing differences in medical treatment along lines of race, ethnicity, gender identity, sexual orientation, age, socioeconomic status, or other characteristics.

(c) Each licensee is responsible for maintaining records of completion of continuing education and shall be prepared to produce the records when requested by the Department.

(Source: P.A. 95-639, eff. 10-5-07.)

(225 ILCS 65/65-60) (was 225 ILCS 65/15-45)

(Section scheduled to be repealed on January 1, 2028)

Sec. 65-60. Continuing education.

(a) The Department shall adopt rules of continuing education for persons licensed under this Article as advanced practice registered nurses that require 80 hours of continuing education per 2-year license renewal cycle. Completion of the 80 hours of continuing education shall be deemed to satisfy the continuing education requirements for renewal of a registered professional nurse license as required by this Act.

The 80 hours of continuing education required under this Section shall be completed as follows:

(1) A minimum of 50 hours of the continuing education shall be obtained in continuing education programs as determined by rule that shall include no less than 20 hours of pharmacotherapeutics, including 10 hours of opioid prescribing or substance abuse education. Continuing education programs may be conducted or endorsed by educational institutions, hospitals, specialist associations, facilities, or other organizations approved to offer continuing education under this Act or rules and shall be in the advanced practice registered nurse's specialty.

(2) A maximum of 30 hours of credit may be obtained by presentations in the advanced practice registered nurse's clinical specialty, evidence-based practice, or quality improvement projects, publications, research projects, or preceptor hours as determined by rule.

The rules adopted regarding continuing education shall be consistent to the extent possible with requirements of relevant national certifying bodies or State or national professional associations.

(b) The rules shall not be inconsistent with requirements of relevant national certifying bodies or State or national professional associations. The rules shall also address variances in part or in whole for good cause, including but not limited to illness or hardship. The continuing education rules shall assure that licensees are given the opportunity to participate in programs sponsored by or through their State or national professional associations, hospitals, or other providers of continuing education.

(c) Except as otherwise provided in this subsection, the rules adopted under this Section shall require that, on and after January 1, 2022, all continuing education courses for advanced practice registered nurses licensed under this Act contain curriculum that includes the understanding of implicit bias. Beginning January 1, 2023, continuing education providers shall ensure compliance with this Section. Beginning January 1, 2023, the Department shall audit continuing education providers to verify their compliance with this Section.

A continuing education course dedicated solely to research or other issues that does not include a direct patient care component is not required to contain curriculum that includes implicit bias in the practice of nursing.

To satisfy the requirements of this subsection, continuing education courses shall address at least one of the following:

(1) examples of how implicit bias affects perceptions and treatment decisions, leading to disparities in health outcomes; or

(2) strategies to address how unintended biases in decision making may contribute to health care disparities by shaping behavior and producing differences in medical treatment along lines of race, ethnicity, gender identity, sexual orientation, age, socioeconomic status, or other characteristics.

(d) Each licensee is responsible for maintaining records of completion of continuing education and shall be prepared to produce the records when requested by the Department.

(Source: P.A. 100-513, eff. 1-1-18.)

Section 15. The Physician Assistant Practice Act of 1987 is amended by changing Section 11.5 as follows:

(225 ILCS 95/11.5)

(Section scheduled to be repealed on January 1, 2028)

Sec. 11.5. Continuing education.

(a) The Department shall adopt rules for continuing education for persons licensed under this Act that require 50 hours of continuing education per 2-year license renewal cycle. Completion of the 50 hours of continuing education shall be deemed to satisfy the continuing education requirements for renewal of a physician assistant license as required by this Act. The rules shall not be inconsistent with requirements of relevant national certifying bodies or State or national professional associations. The rules shall also address variances in part or in whole for good cause, including, but not limited to, illness or hardship. The continuing education rules shall ensure that licensees are given the opportunity to participate in programs sponsored by or through their State or national professional associations, hospitals, or other providers of continuing education.

(b) Except as otherwise provided in this subsection, the rules adopted under this Section shall require that, on and after January 1, 2022, all continuing education courses for persons licensed under this Act contain curriculum that includes the understanding of implicit bias. Beginning January 1, 2023, continuing education providers shall ensure compliance with this Section. Beginning January 1, 2023, the Department shall audit continuing education providers at least once every 5 years to ensure adherence to regulatory requirements and shall withhold or rescind approval from any provider that is in violation of the regulatory requirements.

A continuing education course dedicated solely to research or other issues that does not include a direct patient care component is not required to contain curriculum that includes implicit bias in the practice of medicine.

To satisfy the requirements of subsection (a) of this Section, continuing education courses shall address at least one of the following:

(1) examples of how implicit bias affects perceptions and treatment decisions, leading to disparities in health outcomes; or

(2) strategies to address how unintended biases in decision making may contribute to health care disparities by shaping behavior and producing differences in medical treatment along lines of race, ethnicity, gender identity, sexual orientation, age, socioeconomic status, or other characteristics.

(c) Each licensee is responsible for maintaining records of completion of continuing education and shall be prepared to produce the records when requested by the Department.

(Source: P.A. 100-453, eff. 8-25-17.)

Section 99. Effective date. This Act takes effect upon becoming law.