Rep. Angelo Saviano
Filed: 3/22/2007
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 119 




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    AMENDMENT NO. ______. Amend House Bill 119  by replacing 
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everything after the enacting clause with the following: 

 
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"ARTICLE 5.  GENERAL PROVISIONS

 
5
    Section 5-1. Short title. This Act may be cited as the 
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Nurse Practice Act.
 
7
    Section 5-5. Legislative purpose. The practice of 
8
advanced, professional, and practical nursing in the State of 
9
Illinois is hereby declared to affect the public health, 
10
safety, and welfare and to be subject to regulation and control 
11
in the public interest. It is further declared to be a matter 
12
of public interest and concern that the practice of nursing, as 
13
defined in this Act, merit and receive the confidence of the 
14
public and that only qualified persons be authorized to so 
15
practice in the State of Illinois. This Act shall be liberally 
 


 






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construed to best carry out these subjects and purposes.
 
2
    Section 5-10. Definitions.  In this Act: 
3
    "Academic year" means the customary annual schedule of 
4
courses at a college, university, or approved school, 
5
customarily regarded as the school year as distinguished from 
6
the calendar year.
7
    "Accredited facility" means (i) a hospital; (ii) an 
8
ambulatory surgical treatment center licensed by the 
9
Department of Public Health; or (iii) a facility accredited by 
10
the Joint Commission on Accreditation of Health Care 
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Organizations or other accrediting body recognized by the 
12
Department of Public Health.
13
    "Advanced practice nurse" or "APN" means a person who has 
14
met the qualifications for a (i) certified nurse midwife (CNM); 
15
(ii) certified nurse practitioner (CNP); (iii) certified 
16
registered nurse anesthetist (CRNA); or (iv) clinical nurse 
17
specialist (CNS).  All advanced practice nurses licensed and 
18
practicing in the State of Illinois shall use the title APN and 
19
may use specialty credentials after their name.
20
    "Accountability" means being responsible and answerable 
21
for actions or inactions of oneself or others in the context of 
22
delegation.  Accountability involves the ethical standards and 
23
legal requirements as set forth in this Act.
24
    "Approved program of professional nursing education" and 
25
"approved program of practical nursing education" are programs 
 


 






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of professional or practical nursing, respectively, approved 
2
by the Department under the provisions of this Act.
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    "Assistant Nursing Coordinator" means a registered 
4
professional nurse appointed by the Secretary to assist in 
5
carrying out the administrative policies of the Department.
6
    "Board" means the Board of Nursing appointed by the 
7
Secretary.
8
    "Collaboration" means a process involving 2 or more  health 
9
care professionals working together, each contributing one's 
10
respective area of expertise to provide more comprehensive 
11
patient care.
12
    "Consultation" means the process whereby an advanced 
13
practice nurse seeks the advice or opinion of another health 
14
care professional. 
15
    "Credentialed" means the process of assessing and 
16
validating the qualifications of a licensed advanced practice 
17
nurse to provide patient care services based on an evaluation 
18
of an individual's licensure, training, experience, current 
19
competence, and ability to perform the requested privileges.
20
    "Current nursing practice update course" means a planned 
21
nursing education curriculum approved by the Department 
22
consisting of activities that have educational objectives, 
23
instructional methods, content or subject matter, clinical 
24
practice, and evaluation methods related to basic review and 
25
updating content and specifically planned for those nurses 
26
previously licensed in the United States or its territories and 
 


 






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preparing for reentry into nursing practice.
2
    "Department" means the Department of Financial and 
3
Professional Regulation.
4
    "Delegation" means transferring to an individual the 
5
authority to perform a selected nursing activity or task, 
6
within the individual's scope of practice, in a selected 
7
situation. A nurse retains accountability for the delegation.  A 
8
registered professional nurse or an advanced practice nurse 
9
shall not delegate any task requiring the specialized 
10
knowledge, judgement, and skill of a licensed nurse to an 
11
unlicensed person, including medication administration. A 
12
registered professional nurse or an advanced practice nurse 
13
retains the right to refuse to delegate or to stop or rescind a 
14
previously authorized delegation.
15
    "Dentist" means a person licensed to practice dentistry 
16
under the Illinois Dental Practice Act.
17
    "Duty to report by others" means the duty of employers of 
18
advanced practice nurses, registered professional nurses, or 
19
licensed practical nurses to report to the Department the names 
20
of any licensee or applicant for nursing licensure whose 
21
employment has been terminated or who has resigned in order to 
22
avoid termination for chemical impairment.
23
    "Hospital" means a hospital licensed under the Hospital 
24
Licensing Act or organized under the University of Illinois 
25
Hospital Act.
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    "License-pending advanced practice nurse" means a 
 


 






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registered professional nurse who has completed all 
2
requirements for licensure as an advanced practice nurse except 
3
the certification examination and has applied to take the next 
4
available certification exam and received a temporary license 
5
from the Department.
6
    "License-pending registered nurse" means a person who has 
7
passed the Department-approved licensure exam and has applied 
8
for a license from the Department.  A license pending nurse 
9
shall use the title "RN lic pend" on all documentation related 
10
to nursing practice.
11
    "Nursing Assistance Program" means a Board-approved 
12
program that provides confidential advocacy to nurses whose 
13
practice is impaired by substance use disorders.  Programs may 
14
offer evaluation and treatment or serve as referrals to 
15
facilities or providers.
16
    "Nursing Coordinator" means a registered professional 
17
nurse appointed by the Secretary to carry out the 
18
administrative policies of the Department.
19
    "Practical nurse" or "licensed practical nurse" means a 
20
person who is licensed as a practical nurse under this Act and 
21
practices practical nursing as defined in this Act. Only a 
22
practical nurse licensed under this Act is entitled to use the 
23
title "licensed practical nurse" and the abbreviation "L.P.N." 
24
    "Practical nursing" means the performance of nursing acts 
25
requiring basic nursing knowledge, judgment, and skill 
26
acquired by means of completion of an approved practical 
 


 






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nursing education program. Practical nursing includes 
2
assisting in the nursing process as delegated by a registered 
3
professional nurse or an advanced practice nurse.
4
    "Physician" means a person licensed to practice medicine in 
5
all its branches under the Medical Practice Act of 1987.
6
    "Podiatrist" means a person licensed to practice podiatry 
7
under the Podiatric Medical Practice Act of 1987.
8
    "Prescriptive authority" means the privilege to select, 
9
order, prescribe, administer, store, accept samples, and 
10
dispense over-the-counter medications, legend drugs, category 
11
II, III, IV, and V controlled substances, medical gases, and 
12
other preparations including, but not limited to, botanical and 
13
herbal remedies that are within an advanced practice nurse's 
14
education and experience.
15
    "Privileged" means the authorization granted by the 
16
governing body of a healthcare facility, agency, or 
17
organization to provide specific patient care services within 
18
well-defined limits, based on qualifications reviewed in the 
19
credentialing process. The governing body determines which 
20
procedures may be performed and which conditions may be treated 
21
by the advanced practice nurse and grants specific permission 
22
to the advanced practice nurse to provide those services. 
23
Education, clinical competence, and State regulatory language, 
24
as well as the capabilities of the practice site, including 
25
services available, determine privilege delineation. Clinical 
26
privileges are based on the scope and standards of practice 
 


 






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defined by the nursing profession.
2
    "Registered nurse" or "registered professional nurse" 
3
means a person who is licensed as a professional nurse under 
4
this Act and practices nursing as defined in this Act. Only a 
5
registered professional nurse licensed under this Act is 
6
entitled to use the titles "registered nurse" and "registered 
7
professional nurse" and the abbreviation "R.N."
8
    "Registered professional nursing" practice includes all 
9
nursing specialties and means the performance of any nursing 
10
act based upon the professional nursing knowledge, judgment, 
11
and skill acquired by means of the completion of an approved 
12
professional nursing education program. A registered 
13
professional nurse provides holistic nursing care through the 
14
nursing process to individuals, groups, families, or 
15
communities that includes, but is not limited to, (i) the 
16
assessment of healthcare needs, nursing diagnosis, planning, 
17
implementation, and nursing evaluation; (ii) the promotion, 
18
maintenance, and restoration of health; (iii) counseling, 
19
patient education, and patient advocacy; (iv) the 
20
administration of medications and treatments as prescribed by a 
21
physician licensed to practice medicine in all its branches, a 
22
licensed dentist, a licensed podiatrist, or a licensed 
23
optometrist or by an advanced practice nurse; (v) the 
24
coordination and management of the nursing plan of care; (vi) 
25
delegation to individuals who assist the registered 
26
professional nurse in  implementing the plan of care; and (vii) 
 


 






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the teaching of nursing students. The foregoing shall not be 
2
deemed to include acts of medical diagnosis or prescription of 
3
therapeutic or corrective measures.
4
    "Secretary" means the Secretary of Financial and 
5
Professional Regulation.
6
    "Self-report" means the occurrence of an advanced practice 
7
nurse, a registered professional nurse, a licensed practical 
8
nurse, or a license-pending nurse seeking treatment and 
9
formally enrolling in a diversionary program prior to having a 
10
formal complaint filed with the Department.
11
    "Task" means work not requiring nursing knowledge, 
12
judgment, or decision-making.
13
    "Unencumbered license" means any license issued under this 
14
Act against which no disciplinary action has been taken or is 
15
pending.
16
    "Written collaborative agreement" means a written 
17
agreement between an advanced practice nurse and a 
18
collaborating physician, dentist, or podiatrist.
 
19
    Section 5-15. Policy; application of Act. 
20
    (a)  For the protection of life and the promotion of health 
21
and the prevention of illness and communicable diseases, any 
22
person practicing or offering to practice  advanced, 
23
professional, or practical nursing in Illinois shall submit 
24
evidence that he or she is qualified to practice and shall be 
25
licensed as provided under this Act. No person shall practice 
 


 






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or offer to practice advanced practice, professional, or 
2
practical nursing in Illinois or use any title, sign, card, or 
3
device to indicate that he or she is practicing advanced, 
4
professional, or practical nursing unless that person has been 
5
licensed under the provisions of this Act.
6
    (b)  This Act does not prohibit any of the following:
7
        (1) The practice of nursing in federal employment in
     
8
    the discharge of the employee's duties by a person who is 
9
    employed by the United States government or any bureau, 
10
    division, or agency thereof and is a legally qualified and 
11
    licensed nurse of another state or territory and not in 
12
    conflict with the provisions of this Act.

13
        (2) The practice of nursing that is included in the 
14
    program of  study of students enrolled in programs of 
15
    nursing or in current nurse practice update courses 
16
    approved by the Department. 
17
        (3) The furnishing of nursing assistance in an 
18
    emergency.
19
        (4) The practice of nursing by a nurse who holds an 
20
    active license in another state when providing services to 
21
    patients in Illinois during a bonafide emergency or in 
22
    immediate preparation for or during interstate transit.
23
        (5) The incidental care of the sick by members of the 
24
    family, domestic servants, or housekeepers or care of the 
25
    sick where treatment is by prayer or spiritual means. 
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        (6) Persons from being employed as nursing aides, 
 


 






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    attendants, orderlies, and other auxiliary workers in 
2
    private homes, long term care facilities, nurseries, 
3
    hospitals, or other institutions.
4
        (7) The practice of practical nursing by one who is a 
5
    licensed practical nurse under the laws of another United 
6
    States jurisdiction and has applied in writing to the 
7
    Department, in form and substance satisfactory to the 
8
    Department, for a license as a licensed practical nurse and 
9
    who is  qualified to receive such license under this Act, 
10
    until (i) the expiration of 6 months after the filing of 
11
    such written application, (ii) the withdrawal of such 
12
    application, or (iii) the denial of such application by the 
13
    Department.
14
        (8) The practice of professional nursing by one who is 
15
    an advanced practice nurse under the laws of another state, 
16
    territory of the United States, or country and has applied 
17
    in writing to the Department, in form and substance 
18
    satisfactory to the Department, for a license as an 
19
    advanced practice nurse and who is qualified to receive 
20
    such license under this Act, until (i) the expiration of 6 
21
    months after the filing of such written application, (ii) 
22
    the withdrawal of such application, or (iii) the denial of 
23
    such application by the Department.
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        (9) The practice of professional nursing by one who is 
25
    a registered professional nurse under the laws of another 
26
    state, territory of the United States, or country and has 
 


 






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    applied in writing to the Department, in form and substance 
2
    satisfactory to the Department, for a license as a 
3
    registered professional nurse and who is qualified to 
4
    receive such license under this Act under (i) the 
5
    expiration of 6 months after the filing of such written 
6
    application, or (iii) the denial of such application by the 
7
    Department.
8
        (10) The practice of professional nursing that is 
9
    included in a program of study by one who is a registered 
10
    professional nurse under the laws of another state or 
11
    territory of the United States or foreign country, 
12
    territory, or province and who is enrolled in a graduate 
13
    nursing education program or a program for the completion 
14
    of a baccalaureate nursing degree in this State, which 
15
    includes clinical supervision by faculty as determined by 
16
    the educational institution offering the program and the 
17
    health care organization where the practice of nursing 
18
    occurs. The educational institution shall file with the 
19
    Department each academic term a list of the names and 
20
    origin of license of all professional nurses practicing 
21
    nursing as part of their programs under this provision.
22
        (11) Any person licensed in this State under any other 
23
    Act from engaging in the practice for which she or he is 
24
    licensed. 
25
        (12) Delegation to authorized direct care staff  
26
    trained under Section 15.4 of the Mental Health and 
 


 






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    Developmental Disabilities Administrative Act consistent 
2
    with the policies of the Board.
 
3
    Section 5-20. Unlicensed practice; violation; civil 
4
penalty. 
5
    (a) Any person who practices, offers to practice, attempts 
6
to practice, or holds himself or herself out to practice 
7
nursing without being licensed under this Act shall, in 
8
addition to any other penalty provided by law, pay a civil 
9
penalty to the Department in an amount not to exceed $10,000  
10
for each offense as determined by the Department. The civil 
11
penalty shall be assessed by the Department after a hearing is 
12
held in accordance with the provisions set forth in this Act 
13
regarding the provision of a hearing for the discipline of a 
14
licensee. 
15
    (b) The Department has the authority and power to 
16
investigate any and all unlicensed activity.
17
    (c) The civil penalty imposed under this Section shall be 
18
paid within 60 days after the effective date of the order 
19
imposing the civil penalty. The order shall constitute a 
20
judgment and may be filed and executed in the same manner as 
21
any judgment from any court of record.
 
22
    Section 5-25. Optometric procedures.  No registered 
23
professional nurse or licensed practical nurse may perform 
24
refractions and other determinations of visual function or eye 
 


 






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health diagnosis. A registered professional nurse or licensed 
2
practical nurse may participate in these activities with an 
3
optometrist licensed under the Illinois Optometric Practice 
4
Act of 1987 or a physician licensed to practice medicine in all 
5
its branches under the Medical Practice Act of 1987. 
 
6
    Section 5-30. Social Security Number on license 
7
application.  In addition to any other information required to 
8
be contained in an application for licensure under this Act, 
9
every application for an original, renewal, or restored license 
10
under this Act shall include the applicant's Social Security 
11
Number. 
 
12
    Section 5-35. Criminal history records  check.  All 
13
applicants for licensure by examination or endorsement must 
14
submit to a criminal history records check by the Department of 
15
State Police and the Federal Bureau of Investigation as part of 
16
the qualification for licensure. If an applicant's criminal 
17
history records check indicates a criminal conviction, the 
18
applicant must further submit to a fingerprint-based criminal 
19
history records check. The applicant's name, sex, race, date of 
20
birth, and social security number shall be forwarded to the 
21
Department of State Police to be searched against the Illinois 
22
criminal history records database maintained by the Department 
23
of State Police in the form and manner prescribed by the 
24
Department of State Police. The Department of State Police 
 


 






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shall charge a fee for conducting the search, which shall be 
2
deposited in the State Police Services Fund and may not exceed 
3
the cost of the inquiry. If a search of the criminal history 
4
records database indicates that the applicant has a conviction 
5
record, a fingerprint-based criminal history records check 
6
shall be required. Each applicant requiring a 
7
fingerprint-based search must submit his or her fingerprints to 
8
the Department of State Police in the form and manner 
9
prescribed by the Department of State Police. These 
10
fingerprints shall be checked against the fingerprint records 
11
now and hereafter filed in the Department of State Police and 
12
Federal Bureau of Investigation criminal history records 
13
databases. The Department of State Police shall charge a fee 
14
for conducting the fingerprint-based criminal history records 
15
check, which shall be deposited in the State Police Services 
16
Fund and shall not exceed the actual cost of the records check. 
17
The Department of State Police must furnish, pursuant to 
18
positive identification, records of Illinois convictions to 
19
the Department. The Department shall adopt rules necessary for 
20
the implementation of this Section. 
 
21
    Section 5-40. Emergency care; civil liability.  Exemption 
22
from civil liability for emergency care is as provided in the 
23
Good Samaritan Act. 
 
24
    Section 5-45. Services rendered without compensation; 
 


 






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civil liability.  Exemption from civil liability for services 
2
rendered without compensation is as provided in the Good 
3
Samaritan Act.
 
4
    Section 5-50. Prohibited acts.  
5
    (a) No person shall:
6
        (1)  Practice as an advanced practice nurse without a 
7
    valid license as an advanced practice nurse, except as 
8
    provided in item (8) of subsection (b) of Section 5-15 of 
9
    this Act.
10
        (2) Practice professional nursing without a valid 
11
    license as a registered professional nurse, except as 
12
    provided in item (8) of subsection (b) of Section 5-15 of 
13
    this Act.
14
        (3) Practice practical nursing without a valid license 
15
    as a licensed practical nurse or practice practical nursing 
16
    except as provided in items (7), (8), and (9) of subsection 
17
    (b) of Section 5-15 of this Act.
18
        (4) Practice nursing under cover of any diploma, 
19
    license, or record illegally or fraudulently obtained or 
20
    signed or issued unlawfully or under fraudulent 
21
    representation. 
22
        (5) Practice nursing during the time his or her license 
23
    is suspended, revoked, expired, or on inactive status.
24
        (6) Use any words, abbreviations, figures, letters, 
25
    title, sign, card, or device tending to imply that she or 
 


 






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    he is a registered professional nurse, including the titles 
2
    or initials "Nurse", "Registered Nurse", "Professional 
3
    Nurse", "Registered Professional Nurse", "Certified 
4
    Nurse", "Trained Nurse", "Graduate Nurse", "P.N.", "R.N.", 
5
    "R.P.N.", or similar titles or initials, with the intention 
6
    of indicating practice without a valid license as a 
7
    registered professional nurse.
8
        (7) Use any words, abbreviations, figures, letters, 
9
    title, sign, card, or device tending to imply that she or 
10
    he is an advanced practice nurse, including the titles or 
11
    initials "Advanced Practice Nurse", "A.P.N.", or similar 
12
    titles or initials, with the intention of indicating 
13
    practice as an advanced practice nurse without a valid 
14
    license as an advanced practice nurse under this Act.
15
        (8) Use any words, abbreviations, figures, letters, 
16
    title, sign, card, or device tending to imply that she or 
17
    he is a licensed practical nurse, including the titles or 
18
    initials "Practical Nurse", "Licensed Practical Nurse", 
19
    "P.N.", "L.P.N.", or similar titles or initials with the 
20
    intention of indicated practice as a licensed practical 
21
    nurse without a valid license as a licensed practical nurse 
22
    under this Act.
23
        (9) Advertise services regulated under this Act 
24
    without including in every advertisement his or her title 
25
    as it appears on the license or the initials authorized for 
26
    use under this Act.
 


 






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        (10) Obtain or furnish a license by or for money or any 
2
    other thing of value other than the fees required  under 
3
    this Act or by any fraudulent representation or act.
4
        (11) Make any willfully false oath or affirmation 
5
    required by this Act.
6
        (12) Conduct a nursing education program preparing 
7
    persons for licensure that has not been approved by the 
8
    Department.
9
        (13) Represent that any school or course is approved or 
10
    accredited as a school or course for the education of 
11
    registered professional nurses or licensed practical 
12
    nurses unless such school or course is approved by the 
13
    Department under the provisions of this Act.
14
        (14) Attempt or offer to do any of the acts enumerated 
15
    in this Section or knowingly aid, abet, or assist in the 
16
    doing of any such acts or in the attempt or offer to do any 
17
    such acts.
18
        (15) Employ or use persons not licensed under this Act 
19
    to practice advanced practice, professional, or practical 
20
    nursing.
21
        (16) Otherwise intentionally violate any provision of 
22
    this Act.
23
        (17) Retaliate against any nurse who reports unsafe, 
24
    unethical, or illegal health care practices or conditions.
25
        (18) Be deemed a supervisor when delegating nursing 
26
    activities or tasks as authorized under this Act.
 


 






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    (b) Any person, including a firm, association, or 
2
corporation who violates any provision of this Section may be 
3
charged up to a Class 4 felony.
 
4
    Section 5-55. Department powers and duties. 
5
    (a) The Department shall exercise the powers and duties 
6
prescribed by the Civil Administrative Code of Illinois for the 
7
administration of licensing acts and shall exercise other 
8
powers and duties necessary for effectuating the purposes  of 
9
this Act. None of the functions, powers, or duties of the 
10
Department with respect to licensure and examination may be 
11
exercised by the Department except upon review by the Board. 
12
The Department shall adopt rules to implement, interpret, or 
13
make specific the provisions and purposes of this Act; however 
14
no such rules shall be adopted by the Department except upon 
15
review by the Board.
16
    (b) The Department shall prepare and maintain a list of 
17
approved programs of professional nursing education and 
18
programs of practical nursing education in this State, whose 
19
graduates, if they have the other necessary qualifications 
20
provided in this Act, shall be eligible to apply for a license 
21
to practice nursing in this State.
22
    (c) The Department may act upon the recommendations of the 
23
Center for Nursing Advisory Board established in Section 15-15 
24
of this Act.
 
 


 






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    Section 5-60. Nursing Coordinator. The Secretary shall 
2
appoint, pursuant to the Personnel Code, a Nursing Coordinator 
3
and Assistant Nursing Coordinator. The Nursing Coordinator and 
4
Assistant Nursing Coordinator shall be registered professional 
5
nurses licensed in this State and shall have graduated from an 
6
accredited school of nursing and hold at least a master's 
7
degree in nursing from an accredited college or university.
 
8
    Section 5-65. Board. 
9
    (a) The Secretary shall solicit nominations from nursing 
10
organizations and shall appoint the Board of Nursing, which 
11
shall consist of 13 members who are committed to the protection 
12
of public safety and advancing nursing excellence by improving 
13
outcomes of nursing education and practice in this State, one 
14
of whom shall be a practical nurse; one of whom shall be a 
15
practical nurse educator; one of whom shall be a registered 
16
professional nurse in practice; one of whom shall be an 
17
associate degree nurse educator; one of whom shall be a 
18
baccalaureate degree nurse educator; 2 of whom shall be nurses 
19
who are actively engaged in direct care, with one being a 
20
registered professional nurse; one of whom must be a nursing 
21
administrator; 4 of whom must be advanced practice nurses 
22
representing CNS, CNP, CNM, and CRNA practice; and one of whom 
23
must be a public member who is not employed in and has no 
24
material interest in any health care field. The Board shall 
25
receive actual and necessary expenses incurred in the 
 


 






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performance of their duties.
2
    Former members of the Nursing Board and the Advanced 
3
Practice Nursing Board convened under the Nursing and Advanced 
4
Practice Nursing Act at the time of the repeal of that Act 
5
shall be considered for membership positions on the Board.
6
    All nursing members of the Board must be (i) residents of 
7
this State, (ii) licensed in good standing to practice nursing 
8
in this State, (iii) graduates of an approved nursing program, 
9
with a minimum of 5 years experience in the field of nursing, 
10
and (iv) at the time of appointment to the Board, actively 
11
engaged in nursing or work related to nursing.
12
    Membership terms shall be for 3 years, except that in 
13
making initial appointments, the Secretary shall appoint all 
14
members for initial terms of 2, 3, and 4 years and these terms 
15
shall be staggered as follows: 3 shall be appointed for terms 
16
of 2 years; 4 shall be appointed for terms of 3 years; and 6 
17
shall be appointed for terms of 4 years. No member shall be 
18
appointed to more than 2 consecutive terms.  In the case of a 
19
vacated position, an individual may be appointed to serve the 
20
unexpired portion of that term; if the term is less than half 
21
of a full term, the individual is eligible to serve 2 full 
22
terms.
23
    The Secretary may remove any member of the Board for 
24
misconduct, incapacity, or neglect of duty.  The Secretary shall 
25
place in writing any causes for removal.
26
    The Board shall meet annually to elect a chairperson and 
 


 






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vice chairperson.  The Board will hold regularly scheduled 
2
meetings during the year. A simple majority of the appointed 
3
members shall constitute a quorum at any meeting.  Any action 
4
taken by the Board must be on an affirmative vote of a simple 
5
majority of the members present.  Voting by proxy shall not be 
6
permitted.  In the case of an emergency where all Board members 
7
cannot meet in person, the Board may convene a meeting via an 
8
electronic format in accordance with the Open Meetings Act.
9
    (b) The Board may perform all of the following activities: 
10
        (1) Recommend to the Department the adoption and the 
11
    revision of rules necessary for the administration of this 
12
    Act.
13
        (2) Recommend to the Department the approval, denial of 
14
    approval, withdrawal of approval, or discipline of nursing 
15
    education programs.
16
        (3) Recommend to the Department the establishment of 
17
    advisory committees, including, but not limited to, 
18
    professional review committees, to assist in the 
19
    performance of the Board's duties.  Each advisory committee 
20
    shall consist of at least 3 licensees who have expertise in 
21
    the area under review.  Advisory committee members shall not 
22
    be compensated.
23
        (4) Review and make recommendations concerning the 
24
    annual reports of State nursing programs, which shall be 
25
    provided, annually, to the Board by the Department. 
26
    (c) The Board shall participate in disciplinary 
 


 






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conferences and hearings and make recommendations to the 
2
Department regarding disciplinary action taken against a 
3
licensee as provided under this Act.  Disciplinary hearings 
4
shall be conducted by a Board member at the same or higher 
5
licensure level as the respondent. 
 
6
    Section 5-70. Concurrent theory and clinical practice 
7
education requirements.  The educational requirements of this 
8
Act relating to registered professional nursing and licensed 
9
practical nursing shall not be deemed to have been satisfied by 
10
the completion of any correspondence course or any program of 
11
nursing that does not require coordinated or concurrent theory 
12
and clinical practice. The Department may, upon recommendation 
13
of the Board, issue a  license under this Act to those 
14
applicants who have received advanced graduate degrees in 
15
nursing from an approved program with concurrent theory and 
16
clinical practice or to those applicants who are currently 
17
licensed in another state and have been actively practicing 
18
clinical nursing for a minimum of 2 years. 
 
19

ARTICLE 10.  NURSING LICENSURE

 
20
    Section 10-5. LPN education program requirements. 
21
    (a) All practical nurse education programs must be reviewed 
22
by the Board and approved by the Department before the 
23
successful completion of such a program may be applied toward 
 


 






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meeting the requirements for practical nurse licensure under 
2
this Act.  Any program changing the level of educational 
3
preparation or the relationship with or to the parent 
4
institution or establishing an extension of an existing program 
5
must request a review by the Board and approval by the 
6
Department. The Board shall review and make a recommendation 
7
for  the approval or disapproval of a program by the Department 
8
based on the following criteria:
9
        (1) a feasibility study that describes the need for the 
10
    program and the facilities used, the potential of the 
11
    program to recruit  faculty and students, financial support 
12
    for the program, and other criteria, as established by 
13
    rule;
14
        (2) program curriculum  that meets all State 
15
    requirements;
16
        (3) the administration of the program by a Nurse 
17
    Administrator and the involvement of a Nurse Administrator 
18
    in the development of the program; and
19
        (4) the occurrence of a site visit prior to approval 
20
    and the condition that a site visit shall occur one year 
21
    after the first class of students has graduated.
22
    Provisional program approval shall be granted by the 
23
Department upon the recommendation of the Board for approval 
24
based on a program meeting the criteria set forth in items (1) 
25
through (4) of this subsection (a).  Final approval of a program 
26
may not be granted by the Department until a  review of the 
 


 






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licensure exam scores of the program's initial graduating class 
2
and the final site visit upon which provisional approval was 
3
conditioned, as set forth in item (4) of this subsection (a), 
4
are conducted and the requirements set forth in subsection (b) 
5
of this Section are met.
6
    (b) In order to obtain initial Department approval and to 
7
maintain Department approval, a practical nursing program must 
8
meet all of the following requirements:
9
        (1) The program must continually be administered by a   
10
    Nurse Administrator.
11
        (2) The institution responsible for conducting the 
12
    program and the Nurse Administrator  must ensure that 
13
    individual faculty members are academically and 
14
    professionally competent.
15
        (3) The program curriculum must contain all applicable 
16
    requirements established by rule, including both theory 
17
    and clinical components.
18
        (4) The passage  rates of the program's graduating 
19
    classes on the State-approved licensure exam must be deemed 
20
    satisfactory by the Department.
21
    (c)  Program site visits to an institution conducting or 
22
hosting a practical nursing program may be made at the 
23
discretion of the Nursing Coordinator or upon recommendation of 
24
the Board. 
25
    (d) Any institution conducting a practical nursing program 
26
that wishes to discontinue the program must do each of the 
 


 






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following:
2
        (1) Notify the Department, in writing, of its intent to 
3
    discontinue the program.
4
        (2) Continue to meet the requirements of this Act and 
5
    the rules adopted thereunder until the official date of 
6
    termination of the program.
7
        (3) Notify the Department of the date on which the last 
8
    student shall graduate from the program and the program 
9
    shall terminate.
10
        (4) Assist remaining students in the continuation of 
11
    their education in the event of program termination prior 
12
    to the graduation of the program's final student.
13
        (5)  Upon the closure of the program, notify the 
14
    Department, in writing, of the location of student and 
15
    graduate records' storage.
 
16
    Section 10-10. Qualifications for LPN licensure. 
17
    (a) Each applicant who successfully meets the requirements 
18
of this Section shall be entitled to licensure as a practical 
19
nurse.
20
    (b) An applicant for licensure by examination to practice 
21
as a practical nurse must do each of the following:
22
        (1) Submit a completed written application and fees, as 
23
    established by the Department.
24
        (2) Have graduated from a practical nursing education 
25
    program approved by the Department.
 


 






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        (3) Successfully complete a licensure examination 
2
    approved by the Department.
3
        (4) Have not violated the provisions of this Act 
4
    concerning grounds for disciplinary action.  The Department 
5
    may take into consideration any felony conviction of the 
6
    applicant, but such a conviction may not operate as an 
7
    absolute bar to licensure.  The applicant must report any 
8
    pending criminal charges, including arrests, detentions, 
9
    indictments, criminal convictions, pleas of nolo 
10
    contendere,  or other plea arrangements in lieu of 
11
    conviction, and any other formal criminal charges, 
12
    including dispositions arising from criminal charges such 
13
    as sentencing, supervision, and release or any dismissal of 
14
    charges. 
15
        (5) Submit to the criminal history records  check 
16
    required under Section 5-35 of this Act.
17
        (6) Submit, either to the Department or its designated 
18
    testing service, a fee covering the cost of providing the 
19
    examination.  Failure to appear for the examination on the 
20
    scheduled date at the time and place specified after the 
21
    applicant's application for examination has been received 
22
    and acknowledged by the Department or the designated 
23
    testing service shall result in the forfeiture of the 
24
    examination fee.
25
        (7) Meet all other requirements established by the 
26
    Department by rule.
 


 






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    An applicant for licensure by examination may take the 
2
Department-approved examination in another
 jurisdiction.
3
    (b) If an applicant for licensure by examination  neglects 
4
or refuses to take an examination or fails to pass an 
5
examination for a license under this Act within 3 years  after 
6
graduation from a practical or vocational nursing education 
7
program, regardless of the jurisdiction in which the 
8
examination was written, the submitted application shall be 
9
denied.  The applicant must enroll and complete an approved 
10
nursing education program prior to submitting an additional 
11
application for licensure examination.
12
    (c) An applicant for licensure by examination shall have 
13
one year from the date of notification of successful completion 
14
of the examination to apply to the Department for a license. If 
15
an applicant fails to apply within one year, the applicant 
16
shall be required to retake and pass the examination unless 
17
licensed in another jurisdiction of the United States.
18
    (d) A licensed practical nurse applicant who passes the 
19
Department-approved licensure examination and has applied to 
20
the Department for a practical nurse license may obtain 
21
employment as a license-pending practical nurse and practice as 
22
delegated by a registered professional nurse or an advanced 
23
practice nurse, until such time as the Department notifies him 
24
or her that the license has been denied. An individual may be 
25
employed as a license-pending practical nurse if all of the 
26
following criteria are met:
 


 






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        (1) He or she has completed and passed the 
2
    Department-approved licensure exam and presents to the 
3
    employer the official written notification indicating 
4
    successful passage of the licensure examination.
5
        (2) He or she has completed  and submitted to the 
6
    Department an application for licensure under this Section 
7
    as a practical nurse.
8
        (3) He or she has submitted the required licensure fee.
9
        (4) He or she has met all other requirements 
10
    established by rule, including having submitted to a 
11
    criminal history records  check.
12
    (d-5) The privilege to practice as a license-pending 
13
practical nurse shall terminate with the occurrence of any of 
14
the following:
15
        (1) Three months have passed since the official date of 
16
    passing the licensure exam as inscribed   on the formal 
17
    written notification indicating passage of the exam. The 
18
    3-month license pending period may be extended if more time 
19
    is needed by the Department to process the licensure 
20
    application.
21
        (2) Receipt of the practical nurse license from the 
22
    Department.
23
        (3) Notification from the Department that the 
24
    application for licensure has been refused.
25
        (4) A request by the Department that the individual 
26
    terminate practicing as a license-pending practical nurse 
 


 






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1
    until an official decision is made by the Department to 
2
    grant or deny a practical nurse license.
3
    (e) An applicant for licensure by endorsement who is a 
4
licensed practical nurse licensed by examination under the laws 
5
of another state or territory of the United States or a foreign 
6
country, jurisdiction, territory, or province must do each of 
7
the following:
8
        (1) Submit a completed written application, on forms
     
9
    supplied by the Department, and fees as established by the 
10
    Department.

11
        (2) Have graduated from a practical nursing education 
12
    program approved by the Department.
13
        (3) Submit verification of licensure status directly 
14
    from the United States jurisdiction of licensure, if 
15
    applicable, as defined by rule. 
16
        (4) Submit to the criminal history records check 
17
    required under Section 5-35 of this Act.
18
        (5) Meet all other requirements as established by the 
19
    Department by rule.
20
    (f) Licensed practical nurses holding an unencumbered 
21
license from another United States jurisdiction who have 
22
applied for licensure under this Act by endorsement may be 
23
issued a temporary license. The Department may grant an 
24
applicant a temporary license to practice nursing as a licensed 
25
practical nurse if the Department is satisfied that the 
26
applicant holds an active, unencumbered license in good 
 


 






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1
standing in another jurisdiction. If the applicant holds more 
2
than one current active license or one or more active temporary 
3
licenses from other jurisdictions, the Department may not issue 
4
a temporary license until the Department is satisfied that each 
5
current active license held by the applicant is unencumbered. 
6
The temporary license, which shall be issued no later than 14 
7
working days after receipt by the Department of an application 
8
for the temporary license, shall be granted upon the submission 
9
of all of the following to the Department:
10
        (1) A completed application for licensure as a 
11
    practical nurse.
12
        (2) Verification of a current, active license in at 
13
    least one other jurisdiction of the United States and 
14
    verification that each current active license or temporary 
15
    license held by the applicant within the last 5 years is 
16
    unencumbered.
17
        (3) A completed application for a temporary license.
18
        (4) The required temporary license fee.
19
    (g) The Department may refuse to issue an applicant a 
20
temporary license authorized pursuant to this Section if, 
21
within 14 working days after its receipt of an application for 
22
a temporary license, the Department determines that:
23
        (1) the applicant has been convicted of a crime under 
24
    the laws of a jurisdiction of the United States that is (i) 
25
    a felony or (ii) a misdemeanor directly related to the 
26
    practice of the profession, within the last 5 years;
 


 






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1
        (2) the applicant has had a license or permit related 
2
    to the practice of practical nursing revoked, suspended, or 
3
    placed on probation by another jurisdiction within the last 
4
    5 years and at least one of the grounds for revoking, 
5
    suspending, or placing on probation is the same or 
6
    substantially equivalent to grounds for disciplinary 
7
    action under this Act; or 
8
        (3) the Department intends to deny licensure by 
9
    endorsement.
10
    (h) The Department may revoke a temporary license issued 
11
pursuant to this Section if it determines any of the following: 
12
        (1) That the applicant has been convicted of a crime 
13
    under the law of any jurisdiction of the United States that 
14
    is (i) a felony or (ii) a misdemeanor directly related to 
15
    the practice of the profession, within the last 5 years.
16
        (2) That within the last 5 years, the applicant has had 
17
    a license or permit related to the practice of nursing 
18
    revoked, suspended, or placed on probation by another 
19
    jurisdiction and at least one of the grounds for revoking, 
20
    suspending, or placing on probation is the same or 
21
    substantially equivalent to grounds for disciplinary 
22
    action under this Act. 
23
        (3) That the Department intends to deny licensure by 
24
    endorsement. 
25
    (i) A temporary license issued under this Act shall expire 
26
6 months from the date of issuance. Further renewal may be 
 


 






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1
granted by the Department in hardship cases, as defined by 
2
rule, and upon approval of the Secretary; however, a temporary 
3
license shall automatically expire upon issuance of a valid 
4
license under this Act or upon notification that the Department 
5
intends to deny licensure, whichever occurs first.
6
    (i-5) All applicants for practical nurse licensure have 2 
7
years after the date of application to complete the application 
8
process.  If the process has not been completed within 2 years 
9
after the date of application, the application shall be denied, 
10
the fee forfeited, and the applicant must reapply and meet the 
11
requirements in effect at the time of reapplication.
12
    (j) All applicants for practical nurse licensure by 
13
examination or endorsement who are graduates of practical 
14
nursing educational programs in a country other than the United 
15
States and its territories must do each of the following:
16
        (1)  Submit an application and all fees, as established 
17
    by the Department.
18
        (2) Submit a practical nursing education credentials 
19
    evaluation completed by a Department-approved nursing 
20
    credentialing evaluation service. No such applicant may be 
21
    issued a license under this Act unless the applicant's 
22
    education is deemed by the nursing credentialing 
23
    evaluation service to be equivalent to the practical 
24
    nursing education programs approved by the Department for 
25
    this State.
26
        (3)  Submit certification of passage of a 
 


 






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1
    Department-approved English language proficiency 
2
    examination, as defined by rule. The Department may, upon 
3
    recommendation from a nursing evaluation service, waive 
4
    the requirement that the applicant pass the   English 
5
    language proficiency examination if the applicant submits 
6
    verification of the successful completion of a nursing 
7
    education program conducted in English. 
8
        (4)  If an applicant is applying for licensure by 
9
    endorsement,  submit verification of licensure status 
10
    directly from the country of origin to the credentialing 
11
    service, as defined by rule.
12
        (5) Have passed the examination for licensure 
13
    authorized by the Department.
14
        (6) Submit to the criminal history records  check 
15
    required under Section 5-35 of this Act.
16
        (7) Meet all other requirements as established by rule.
 
17
    Section 10-15. LPN practice in cases of emergency or 
18
disaster. 
19
    (a) A licensed practical nurse with an unencumbered license 
20
from another state or United States territory may provide 
21
nursing care for victims during an emergency or disaster in 
22
this State for up to 3 months following the date the disaster 
23
or emergency was declared.  Licensed practical or vocational 
24
nurses from outside of this State who provide assistance under 
25
this Section must meet each of the following requirements:
 


 






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1
        (1) He or she must hold an unencumbered practical nurse 
2
    license from a United States jurisdiction.
3
        (2)  He or she must have graduated from a practical or 
4
    vocational nursing program that has been approved by a 
5
    valid state board of nursing.
6
        (3)  He or she must have taken and passed the 
7
    Department-approved licensure exam. 
8
    (b) At the discretion of the Secretary, the following 
9
exemptions may be applied by the Department for licensed 
10
practical nurses displaced during a federally declared 
11
emergency or disaster and seeking licensure under this Act:
12
        (1) Verification of licensure may be obtained from an 
13
    authorized national databank.
14
        (2) The Department may accept a photocopy of a license, 
15
    if sent directly from a nursing program that the applicant 
16
    graduated from or an institution that employed the 
17
    applicant.
18
        (3) The licensure fee may be waived for up to 3 months.
19
    In these circumstances, the Department shall issue a 
20
temporary license, for not more than 6 months or until all 
21
credentials are received for licensure by endorsement or 
22
licensure is denied.
 
23
    Section 10-20. LPN license expiration; renewal.   The 
24
expiration date and renewal
period for each license to practice 
25
practical nursing issued under this Act shall be set by rule. 
 


 






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1
The holder of a license may renew the license during the month 
2
preceding the expiration date of the license by paying the 
3
required fee. It is the responsibility of the licensee to 
4
notify the Department in writing of a change of address.

 
5
    Section 10-25. Restoration of LPN license; temporary 
6
permit. 
7
    (a) Any license to practice practical nursing issued under 
8
this Act that has expired or that is on inactive status may be 
9
restored by making application to the Department and filing 
10
proof of fitness acceptable to the Department, as specified by 
11
rule, to have the license restored, and by paying the required 
12
restoration fee.  Such proof of fitness may include evidence 
13
certifying active lawful practice in another jurisdiction.
14
    (b) A practical nurse licensee seeking restoration of a 
15
license after it has expired or been placed on inactive status 
16
for more than 5 years shall file an application, on forms 
17
supplied by the Department, and submit the restoration or 
18
renewal fees set forth by the Department.  The licensee must 
19
also submit proof of fitness to practice, including one of the 
20
following:
21
        (1)  certification of active practice in another 
22
    jurisdiction, which may include a statement from the 
23
    appropriate board or licensing authority in the other 
24
    jurisdiction that the licensee was authorized to practice 
25
    during the term of said active practice;
 


 






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1
        (2) proof of the successful completion of a 
2
    Department-approved licensure examination; or
3
        (3) an affidavit attesting to military service as 
4
    provided in subsection (c) of this Section; however, if 
5
    application is made within 2 years after discharge and if 
6
    all other provisions of subsection (c) of this Section are 
7
    satisfied, the applicant shall be required to pay the 
8
    current renewal fee.
9
    (c)  Notwithstanding any other provision of this Act, any 
10
license to practice practical nursing issued under this Act 
11
that expired while the licensee was (i) in federal service on 
12
active duty with the Armed Forces of the United States or in  
13
the State Militia and called into service or training or (ii) 
14
in training or education under the supervision of the United 
15
States preliminary to induction into the military service may 
16
have the license restored without paying any lapsed renewal 
17
fees if, within 2 years after honorable termination of such 
18
service, training, or education, the applicant furnishes the 
19
Department with satisfactory evidence to the effect that the 
20
applicant has been so engaged and that the individual's 
21
service, training, or education has been so terminated.
22
    (d) Any practical nurse licensee who shall engage in the 
23
practice of practical nursing with a lapsed license or while on 
24
inactive status shall be considered to be practicing without a 
25
license, which shall be grounds for discipline under Section 
26
20-5 of this Act. 
 


 






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1
    (e) Pending restoration of a license under this Section, 
2
the Department may grant an applicant a temporary permit to 
3
practice as a practical nurse if the Department is satisfied 
4
that the applicant holds an active, unencumbered license in 
5
good standing in another jurisdiction. If the applicant holds 
6
more than one current active license or one or more active 
7
temporary licenses from other jurisdictions the Department 
8
shall not issue a temporary permit until it is satisfied that 
9
each current active license held by the applicant is 
10
unencumbered. The temporary permit, which shall be issued no 
11
later than 14 working days after receipt by the Department of 
12
an application for the permit, shall be granted upon the 
13
submission of all of  the following to the Department: 
14
        (1) A signed and completed application for restoration 
15
    of licensure under this Section as a licensed practical 
16
    nurse.
17
        (2) Proof of  (i) a current, active license in at least 
18
    one other jurisdiction and proof that each current, active 
19
    license or temporary permit held by the applicant is 
20
    unencumbered or (ii) fitness to practice nursing in this 
21
    State as specified by rule.
22
        (3) A signed and completed application for a temporary 
23
    permit.
24
        (4) The required permit fee.
25
    (f) The Department may refuse to issue to an applicant a 
26
temporary permit authorized under this Section if, within 14 
 


 






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working days after its receipt of an application for a 
2
temporary permit, the Department determines that:
3
        (1) the applicant has been convicted within the last 5 
4
    years of any crime under the laws of any jurisdiction of 
5
    the United States that is (i) a felony or (ii) a 
6
    misdemeanor directly related to the practice of the 
7
    profession;
8
        (2) within the last 5 years, the applicant has had a 
9
    license or permit related to the practice of nursing 
10
    revoked, suspended, or placed on probation by another 
11
    jurisdiction if at least one of the grounds for revoking, 
12
    suspending, or placing on probation is the same or 
13
    substantially equivalent to grounds for disciplinary 
14
    action under this Act; or
15
        (3) the Department intends to deny restoration of the 
16
    license.
17
    (g) The Department may revoke a temporary permit issued 
18
under this Section if: 
19
        (1) the Department determines that the applicant has 
20
    been convicted within the last 5 years of any crime under 
21
    the laws of any jurisdiction of the United States that is 
22
    (i) a felony or (ii) a misdemeanor directly related to the 
23
    practice of the profession;
24
        (2) within the last 5 years, the applicant had a 
25
    license or permit related to the practice of nursing 
26
    revoked, suspended, or placed on probation by another 
 


 






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    jurisdiction and at least one of the grounds for revoking, 
2
    suspending, or placing on probation is the same or 
3
    substantially equivalent to grounds for disciplinary 
4
    action under this Act; or
5
        (3) the Department intends to deny restoration of the 
6
    license.
7
    (h) A temporary permit or renewed temporary permit shall 
8
expire (i) upon issuance of a valid license under this Act or 
9
(ii) upon notification that the Department intends to deny 
10
restoration of licensure. The temporary permit shall expire 6 
11
months after the date of issuance. Further renewal may be 
12
granted by the Department in hardship cases that shall 
13
automatically expire upon issuance of a valid license under 
14
this Act or upon notification that the Department intends to 
15
deny licensure, whichever occurs first. No extensions shall be 
16
granted beyond the 6-month period, unless approved by the 
17
Secretary. Notification by the Department under this Section 
18
must be by certified or registered mail. 
 
19
    Section 10-30. Suspension of LPN license or registration 
20
for failure to pay restitution.  The Department, without further 
21
process or hearing, shall suspend the license or other 
22
authorization to practice practical nursing issued under this 
23
Act of any person who has been certified by court order as not 
24
having paid restitution to a person under Section 8A-3.5 of the 
25
Illinois Public Aid Code or under Section 46-1 of the Criminal 
 


 






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Code of 1961. A person whose license or other authorization to 
2
practice is suspended under this Section is prohibited from 
3
practicing until restitution is made in full. 
 
4
    Section 10-35. Inactive status of a LPN license.   Any 
5
licensed practical nurse, who notifies the Department in 
6
writing on forms prescribed by the Department, may elect to 
7
place his or her license on inactive status and shall, subject 
8
to rules of the Department, be excused from payment of renewal 
9
fees until notice is given to the Department, in writing, of 
10
his or her intent to restore the license. 
11
    Any practical nurse requesting restoration from inactive 
12
status shall be required to pay the current renewal fee and 
13
shall be required to restore his or her license, as provided by 
14
rule of the Department. 
15
    Any practical nurse whose license is in an inactive status 
16
shall not practice nursing as defined by this Act in the State 
17
of Illinois. 
 
18
    Section 10-40. LPN scope of practice; professional 
19
standards. 
20
    (a) Practice as a licensed practical nurse means a scope of 
21
basic nursing practice, with or without compensation or 
22
personal profit, as delegated by a registered professional 
23
nurse or advanced practice nurse or as directed by a physician 
24
assistant, physician, dentist, or podiatrist, and includes, 
 


 






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but is not limited to, all of the following:
2
        (1) Collecting data that contributes to the registered 
3
    professional nurse's or advanced practice nurse's 
4
    assessment of the health status of a patient.
5
        (2) Participating in the development and modification 
6
    of the registered professional nurse's or advanced 
7
    practice nurse's comprehensive plan of care for all types 
8
    of patients.
9
        (3) Implementing aspects of the plan of care as 
10
    delegated.
11
        (4) Assuring a safe and therapeutic environment.
12
        (5) Participating in health teaching and counseling to 
13
    promote, attain, and maintain the optimum health level of 
14
    patients, as delegated.
15
        (6) Serving as an advocate for the patient by 
16
    communicating and collaborating with other health service 
17
    personnel, as delegated.
18
        (7) Participating in the evaluation of patient 
19
    responses to interventions.
20
        (8) Communicating and collaborating with other health 
21
    care professionals, as delegated.
22
        (9)    Providing input into the development of policies 
23
    and procedures.
24
    (b) The licensed practical nurse shall without limitation 
25
uphold all of the following professional standards of practice: 
26
        (1) He or she shall practice in accordance with the Act 
 


 






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    and rules adopted thereunder.
2
        (2) He or she shall practice nursing only when in 
3
    functional physical and mental health.
4
        (3) He or she shall be accountable for his or her  own 
5
    nursing actions and competencies.
6
        (4) He or she shall practice or offer to practice, 
7
    including delegated nursing activities, only within the 
8
    scope permitted by law and within the licensee's own 
9
    educational preparation and competencies.
10
        (5) He or she shall perform nursing activities as 
11
    delegated. 
12
        (6) He or she shall seek instruction from a registered 
13
    professional nurse or advanced practice nurse when 
14
    implementing new or unfamiliar nursing activities.
15
        (7) He or she shall report unsafe, unethical, or 
16
    illegal health care practices or conditions to appropriate 
17
    authorities and to the Department.
18
        (8) He or she shall assume responsibility for continued 
19
    growth and education to reflect knowledge and 
20
    understanding of current nursing practice.
21
    (c) Violations of this Section may result in discipline as 
22
specified in Section 20-5 of the Act. All disciplinary hearings 
23
shall be conducted in accordance with the Illinois 
24
Administrative Code.
 
25
    Section 10-45. Continuing education for LPN licensees.   The 
 


 






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Department may adopt rules of continuing education for licensed 
2
practical nurses that require 20 hours of continuing education 
3
per 2-year license renewal cycle.  The rules shall address 
4
variances in part or in whole for good cause, including without 
5
limitation illness or hardship.  The continuing education rules 
6
must ensure that licensees are given the opportunity to 
7
participate in programs sponsored by or through their State or 
8
national professional associations, hospitals, or other 
9
providers of continuing education.  Each licensee is 
10
responsible for maintaining records of completion of 
11
continuing education and shall be prepared to produce the 
12
records when requested by the Department.
 
13
    Section 10-50. RN education program requirements; 
14
out-of-State programs. 
15
    (a) All registered professional nurse education programs 
16
must be reviewed by the Board and approved by the Department 
17
before the successful completion of such a program may be 
18
applied toward meeting the requirements for registered 
19
professional nurse licensure under this Act.  Any program 
20
changing the level of educational preparation or the 
21
relationship with or to the parent institution or establishing 
22
an extension of an existing program must request a review by 
23
the Board and approval by the Department. The Board shall 
24
review and make a recommendation for  the approval or 
25
disapproval of a program by the Department based on the 
 


 






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following criteria:
2
        (1) a feasibility study that describes the need for the 
3
    program and the facilities used, the potential of the 
4
    program to recruit  faculty and students, financial support 
5
    for the program, and other criteria, as established by 
6
    rule;
7
        (2) program curriculum  that meets all State 
8
    requirements;
9
        (3) the administration of the program by a Nurse 
10
    Administrator and the involvement of a Nurse Administrator 
11
    in the development of the program; and
12
        (4) the occurrence of a site visit prior to approval 
13
    and the condition that a site visit shall occur one year 
14
    after the first class of students has graduated.
15
    Provisional program approval shall be granted by the 
16
Department upon the recommendation of the Board for approval 
17
based on a program meeting the criteria set forth in items (1) 
18
through (4) of this subsection (a).  Final approval of a program 
19
may not be granted by the Department until a  review of the 
20
licensure exam scores of the program's initial graduating class 
21
and the final site visit upon which provisional approval was 
22
conditioned, as set forth in item (4) of this subsection (a), 
23
are conducted and the requirements set forth in subsection (b) 
24
of this Section are met.
25
    (b) In order to obtain initial Department approval and to 
26
maintain Department approval, a registered professional 
 


 






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nursing program must meet all of the following requirements:
2
        (1) The institution responsible for conducting the 
3
    program and the Nurse Administrator  must ensure that 
4
    individual faculty members are academically and 
5
    professionally competent.
6
        (2) The program curriculum must contain all applicable 
7
    requirements established by rule, including both theory 
8
    and clinical components.
9
        (3) The passage  rates of the program's graduating 
10
    classes on the State-approved licensure exam must be deemed 
11
    satisfactory by the Department.
12
    (c)  Program site visits to an institution conducting or 
13
hosting a professional nursing program may be made at the 
14
discretion of the Nursing Coordinator or upon recommendation of 
15
the Board. Full routine site visits shall be conducted by the 
16
Department for periodic evaluation.  The visits shall be used to 
17
determine compliance with this Act.  Full routine site visits 
18
must be announced and may be waived at the discretion of the 
19
Department if the program maintains accreditation with the 
20
National League for Nursing Accrediting Commission (NLNAC) or 
21
the Commission on Collegiate Nursing Education (CCNE).
22
    (d) Any institution conducting a registered professional 
23
nursing program that wishes to discontinue the program must do 
24
each of the following:
25
        (1) Notify the Department, in writing, of its intent to 
26
    discontinue the program.
 


 






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        (2) Continue to meet the requirements of this Act and 
2
    the rules adopted thereunder until the official date of 
3
    termination of the program.
4
        (3) Notify the Department of the date on which the last 
5
    student shall graduate from the program and the program 
6
    shall  terminate.
7
        (4) Assist remaining students in the continuation of 
8
    their education in the event of program termination prior 
9
    to the graduation of the program's final student.
10
        (5)  Upon the closure of the program, notify the 
11
    Department, in writing, of the location of student and 
12
    graduate records' storage.
13
    (e) Out-of-State registered professional nursing education 
14
programs planning to offer clinical practice experiences in 
15
this State must meet the requirements set forth in this Section  
16
and must meet the clinical and faculty requirements for 
17
institutions outside of this State, as established by rule. The 
18
institution responsible for conducting an out-of-State 
19
registered professional nursing education program and the 
20
administrator of the program shall be responsible for ensuring 
21
that the individual faculty and preceptors overseeing the 
22
clinical experience are academically and professionally 
23
competent.
 
24
    Section 10-55. Qualifications for RN licensure. 
25
    (a) Each applicant who successfully meets the requirements 
 


 






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of this Section shall be entitled to licensure as a registered 
2
professional nurse.
3
    (b) An applicant for licensure by examination to practice 
4
as a registered professional nurse must do each of the 
5
following:
6
        (1) Submit a completed written application and fees, as 
7
    established by the Department.
8
        (2) Have graduated from a professional nursing 
9
    education program approved by the Department.
10
        (3) Successfully complete a licensure examination 
11
    approved by the Department.
12
        (4) Have not violated the provisions of this Act 
13
    concerning grounds for disciplinary action.  The Department 
14
    may take into consideration any felony conviction of the 
15
    applicant, but such a conviction may not operate as an 
16
    absolute bar to licensure.  The applicant must report any 
17
    pending criminal charges including arrests, detentions, 
18
    indictments, criminal convictions, pleas of nolo 
19
    contendere,  or other plea arrangements in lieu of 
20
    conviction, and any other formal criminal charges, 
21
    including dispositions arising from criminal charges such 
22
    as sentencing, supervision, and release or any dismissal of 
23
    charges. 
24
        (5) Submit to the criminal history records  check 
25
    required under Section 5-35 of this Act.
26
        (6) Submit, either to the Department or its designated 
 


 






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    testing service, a fee covering the cost of providing the 
2
    examination.  Failure to appear for the examination on the 
3
    scheduled date at the time and place specified after the 
4
    applicant's application for examination has been received 
5
    and acknowledged by the Department or the designated 
6
    testing service shall result in the forfeiture of the 
7
    examination fee.
8
        (7) Meet all other requirements established by the 
9
    Department by rule.
10
    An applicant for licensure by examination may take the 
11
Department-approved examination in another
 jurisdiction.

12
    (b) If an applicant for licensure by examination neglects 
13
or refuses to take an examination or fails to pass an 
14
examination for a license under this Act within 3 years  after 
15
graduation from a professional nursing education program, 
16
regardless of the jurisdiction in which the examination was 
17
written, the applicant shall not be permitted to take the 
18
examination until the applicant provides proof to the 
19
Department of the successful completion of at least 2 
20
additional years of professional nursing education.
21
    (c) An applicant for licensure by examination shall have 
22
one year after the date of notification of the successful 
23
completion of the examination to apply to the Department for a 
24
license. If an applicant fails to apply within one year,  the 
25
applicant shall be required to retake and pass the examination 
26
unless licensed in another jurisdiction of the United States.
 


 






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    (d) An applicant for licensure by examination who passes 
2
the Department-approved licensure examination for professional 
3
nursing  may obtain employment as a license-pending registered 
4
nurse and practice under the direction of a registered 
5
professional nurse or an advanced practice nurse until such 
6
time as he or she receives his or her license to practice or 
7
until the license is denied. In no instance shall any such 
8
applicant practice or be employed in any management capacity. 
9
An individual may be employed as a license-pending registered 
10
nurse if all of the following criteria are met:
11
        (1) He or she has completed and passed the 
12
    Department-approved licensure exam and presents to the 
13
    employer the official written notification indicating 
14
    successful passage of the licensure examination.
15
        (2) He or she has completed  and submitted to the 
16
    Department an application for licensure under this Section 
17
    as a registered professional nurse.
18
        (3) He or she has submitted the required licensure fee.
19
        (4) He or she has met all other requirements 
20
    established by rule, including having submitted to a 
21
    criminal history records  check.
22
    (e) The privilege to practice as a license-pending 
23
registered nurse shall terminate with the occurrence of any of 
24
the following:
25
        (1) Three months have passed since the official date of 
26
    passing the licensure exam as inscribed   on the formal 
 


 






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    written notification indicating passage of the exam. The 
2
    3-month license pending period may be extended if more time 
3
    is needed by the Department to process the licensure 
4
    application.
5
        (2) Receipt of the registered professional nurse 
6
    license from the Department.
7
        (3) Notification from the Department that the 
8
    application for licensure has been refused.
9
        (4) A request by the Department that the individual 
10
    terminate practicing as a license-pending registered nurse 
11
    until an official decision is made by the Department to 
12
    grant or deny a registered professional nurse license.
13
    (f) An applicant for registered professional nurse 
14
licensure by endorsement who is a registered professional nurse 
15
licensed by examination under the laws of another state or 
16
territory of the United States must do each of the following:
17
        (1) Submit a completed written application, on forms 
18
    supplied by the Department, and fees as established by the 
19
    Department.
20
        (2) Have graduated from a  registered professional 
21
    nursing education program approved by the Department.
22
        (3) Submit verification of licensure status directly 
23
    from the United States jurisdiction of licensure, if 
24
    applicable, as defined by rule. 
25
        (4) Submit to the criminal history records  check 
26
    required under Section 5-35 of this Act.
 


 






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        (5) Meet all other requirements as established by the 
2
    Department by rule.
3
    (g) Pending the issuance of a license under this Section, 
4
the Department may grant an applicant a temporary license to 
5
practice nursing as a registered professional nurse if the 
6
Department is satisfied that the applicant holds an active, 
7
unencumbered license in good standing in another U.S. 
8
jurisdiction. If the applicant holds more than one current 
9
active license  or one or more active temporary licenses from 
10
other jurisdictions, the Department may not issue a temporary 
11
license until the Department is satisfied that each current 
12
active license held by the applicant is unencumbered. The 
13
temporary license, which shall be issued no later than 14 
14
working days after receipt by the Department of an application 
15
for the temporary license, shall be granted upon the submission 
16
of all of the following to the Department: 
17
        (1) A completed application for licensure as a 
18
    registered professional nurse.
19
        (2) Proof of a current, active license in at least one 
20
    other jurisdiction of the United States and proof that each 
21
    current active license or temporary license held by the 
22
    applicant within the last 5 years is unencumbered.
23
        (3) A completed application for a temporary license.
24
        (4) The required temporary license fee.
25
    (h) The Department may refuse to issue an applicant a 
26
temporary license authorized pursuant to this Section if, 
 


 






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within 14 working days after its receipt of an application for 
2
a temporary license, the Department determines that:
3
        (1) the applicant has been convicted of a crime under 
4
    the laws of a jurisdiction of the United States that is (i) 
5
    a felony or (ii) a misdemeanor directly related to the 
6
    practice of the profession, within the last 5 years;
7
        (2) the applicant has had a license or permit related 
8
    to the practice of nursing revoked, suspended, or placed on 
9
    probation by another jurisdiction within the last 5 years, 
10
    if at least one of the grounds for revoking, suspending, or 
11
    placing on probation is the same or substantially 
12
    equivalent to grounds for disciplinary action under this 
13
    Act; or
14
        (3) the Department intends to deny licensure by 
15
    endorsement.
16
    (i) The Department may revoke a temporary license issued 
17
pursuant to this Section if it determines any of the following:
18
        (1) That the applicant has been convicted of a crime 
19
    under the laws  of any jurisdiction of the United States 
20
    that is (i) a felony or (ii) a misdemeanor directly related 
21
    to the practice of the profession, within the last 5 years.
22
        (2) That within the last 5 years, the applicant has had 
23
    a license or permit related to the practice of nursing 
24
    revoked, suspended, or placed on probation by another 
25
    jurisdiction, if at least one of the grounds for revoking, 
26
    suspending, or placing on probation is the same or 
 


 






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1
    substantially equivalent to grounds for disciplinary 
2
    action under this Act.
3
        (3) That it intends to deny licensure by endorsement.
4
    (j) A temporary license issued under this Section shall 
5
expire 6 months after the date of issuance. Further renewal may 
6
be granted by the Department in hardship cases, as defined by 
7
rule and upon approval of the Secretary. However, a temporary 
8
license shall automatically expire upon issuance of the 
9
Illinois license or upon notification that the Department 
10
intends to deny licensure, whichever occurs first.
11
    (k) All applicants for registered professional nurse 
12
licensure have 2 years after the date of application to 
13
complete the application process. If the process has not been 
14
completed within 2 years after the date of application, the 
15
application shall be denied, the fee forfeited, and the 
16
applicant must reapply and meet the requirements in effect at 
17
the time of reapplication.
18
    (l) All applicants for registered professional nurse 
19
licensure by examination or endorsement who are graduates of 
20
nursing educational programs in a country outside of the United 
21
States  and its territories must do each of the following:
22
        (1)  Submit an application  and fees, as established by 
23
    the Department.
24
        (2) Have their nursing education credentials evaluated 
25
    by a Department-approved nursing credentialing evaluation 
26
    service. No such applicant may be issued a license under 
 


 






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    this Act unless the applicant's  nursing education program 
2
    is deemed by the nursing credentialing evaluation service 
3
    to be equivalent to  the professional nursing education 
4
    programs approved by the Department for this State.
5
        (3)  Submit certification of passage of a 
6
    Department-approved English language proficiency 
7
    examination, as defined by rule. The Department may, upon 
8
    recommendation from a nursing evaluation service, waive 
9
    the requirement that the applicant pass the   English 
10
    language examination if the applicant submits verification 
11
    of the successful completion of a nursing education program 
12
    conducted in English. 
13
        (4)  If an applicant is applying for licensure by 
14
    endorsement, submit verification of licensure status 
15
    directly from the country of origin to the credentialing 
16
    service, as defined by rule.
17
        (5) Have passed the licensure examination authorized 
18
    by the Department.
19
        (6) Submit to the criminal history records check 
20
    required under Section 5-35 of this Act.
21
        (7) Meet all other requirements as established by rule.
 
22
    Section 10-60. RN practice in cases of emergency or 
23
disaster. 
24
    (a) A registered professional nurse with an unencumbered 
25
license from another state or United States territory may 
 


 






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1
provide nursing care for victims during an emergency or 
2
disaster in this State for up to 3 months following the date 
3
the disaster or emergency was declared.  Registered 
4
professional nurses from outside of this State who provide 
5
assistance under this Section must meet each of the following 
6
requirements:
7
        (1) He or she must hold an unencumbered registered 
8
    professional nurse license from a United States 
9
    jurisdiction.
10
        (2)  He or she must have graduated from a professional 
11
    nursing program that has been approved by a valid state 
12
    board of nursing.
13
        (3)  He or she must have taken and passed the 
14
    Department-approved licensure exam. 
15
    (b) At the discretion of the Secretary, the following 
16
exemptions may be applied by the Department for registered 
17
professional nurses displaced during a federally declared 
18
emergency or disaster and seeking licensure under this Act:
19
        (1) Verification of licensure may be obtained from an 
20
    authorized national databank.
21
        (2) The Department may accept a photocopy of a license, 
22
    if sent directly from a nursing program that the applicant 
23
    graduated from or an institution that employed the 
24
    applicant.
25
        (3) The licensure fee may be waived for up to 3 months.
26
    In these circumstances, the Department shall issue a 
 


 






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temporary license, for not more than 6 months or until all 
2
credentials are received for licensure by endorsement or 
3
licensure is denied.
 
4
    Section 10-65. Registered nurse externship permit. 
5
    (a) The Department shall establish a program under which 
6
the Department may issue a nurse externship permit to a 
7
registered nurse who is licensed under the laws of another 
8
state or territory of the United States and who has not taken 
9
the National Council Licensure Examination (NCLEX). A 
10
registered nurse who is issued a permit shall be allowed to 
11
practice as a nurse extern under the direct, on-site 
12
supervision of a registered nurse licensed under this Act. 
13
There shall be one supervising registered nurse for every one 
14
nurse extern.
15
    (b) An applicant shall be qualified  to receive a nurse 
16
externship permit if that applicant:
17
        (1) Has submitted a completed written application
     to 
18
    the Department, on forms provided by the Department and 
19
    submitted any fees established by the Department.

20
        (2) Has graduated from a professional nursing
     
21
    education program approved by the Department.

22
        (3) Is licensed as a professional nurse in another
     
23
    state or territory of the United States and has submitted a 
24
    verification of active and unencumbered licensure in all of 
25
    the states and territories in which the applicant is 
 


 






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    licensed.

2
        (4) Has submitted verification of an offer of
     
3
    employment in Illinois as a nurse extern. The Department 
4
    may prescribe the information necessary to determine if 
5
    this employment meets the requirements of the permit 
6
    program. This information shall include a copy of the 
7
    written employment offer.

8
        (5) Has submitted a written statement from the
     
9
    applicant's prospective employer stating that the 
10
    prospective employer agrees to pay the full tuition for the 
11
    Bilingual Nurse Consortium course or other course approved 
12
    by rule.

13
        (6) Has submitted proof of taking the Test of
     English 
14
    as a Foreign Language (TOEFL) with a minimum score as set 
15
    by rule. Applicants with the highest TOEFL scores shall be 
16
    given first consideration to entrance into an extern 
17
    program.

18
        (7) Has submitted written verification that the
     
19
    applicant has been enrolled in the Bilingual Nurse 
20
    Consortium course or other course approved by rule. This 
21
    verification must state that the applicant shall be able to 
22
    complete the course within the year for which the permit is 
23
    issued.

24
        (8) Has agreed to submit to the Department a mid-year
     
25
    exam as determined by rule that demonstrates proficiency 
26
    towards passing the NCLEX.

 


 






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        (9) Has not violated the provisions of Section 20-5 of 
2
    this Act. The Department may take into consideration any 
3
    felony conviction of the applicant, but such a conviction 
4
    shall not operate as an absolute bar to licensure.
5
        (10) Has met all other requirements established by the 
6
    Department by
     rule.

7
    (c) A nurse extern shall be issued no more than one permit 
8
in a lifetime. The permit shall expire one calendar year after 
9
it is issued. Before being issued a license under this Act, the 
10
nurse extern must submit proof of the successful completion of 
11
the Bilingual Nurse Consortium course or other course approved 
12
by rule and successful passage of the NCLEX. The nurse extern 
13
shall not practice autonomous, professional nursing until he or 
14
she is licensed under this Act. The nurse extern shall carry 
15
out progressive nursing skills under the direct supervision of 
16
a registered nurse licensed under this Act and shall not be 
17
employed in a supervisory capacity. The nurse extern shall work 
18
only in the sponsoring facility. A nurse extern may work for a 
19
period not to exceed one calendar year from the date of 
20
issuance of the permit or until he or she fails the NCLEX. 
21
While working as a nurse extern, the nurse extern is subject to 
22
the provisions of this Act and all rules adopted by the 
23
Department for the administration of this Act.
24
    (d) The Secretary shall convene a task force to establish 
25
clinical guidelines that allow for the gradual progression of 
26
nursing skills in culturally diverse practice settings. The 
 


 






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Nursing Act Coordinator or his or her designee shall serve as 
2
chairperson of the task force. The task force shall include, 
3
but not be limited to, 2 representatives of the Illinois Nurses 
4
Association, 2 representatives of the Illinois Hispanic Nurses 
5
Association, a nurse engaged in nursing education who possesses 
6
a master's degree or higher, one representative from the 
7
Humboldt Park Vocational Educational Center, 2 registered 
8
nurses from United States territories who each hold a current 
9
State nursing license, one representative from the Chicago 
10
Bilingual Nurse Consortium, and one member of the Illinois 
11
Hospital Association. The task force shall complete this work 
12
no longer than 4 months after convening. After the nurse 
13
externship permit program has been in effect for 2 years, the 
14
task force shall evaluate the effectiveness of the program and 
15
make appropriate recommendations to the Secretary. 
 
16
    Section 10-70. Expiration of RN license; renewal.  The 
17
expiration date and renewal period for each registered 
18
professional nurse license issued under this Act shall be set 
19
by rule. The holder of a license may renew the license during 
20
the month preceding the expiration date of the license by 
21
paying the required fee. It is the responsibility of the 
22
licensee to notify the Department in writing of a change of 
23
address.
 
24
    Section 10-75. Restoration of RN license; temporary 
 


 






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permit. 
2
    (a) Any license to practice professional nursing issued 
3
under this Act that has expired or that is on inactive status 
4
may be restored by making application to the Department and 
5
filing proof of fitness acceptable to the Department as 
6
specified by rule to have the license restored and by paying 
7
the required restoration fee. Such proof of fitness may include 
8
evidence certifying active lawful practice in another 
9
jurisdiction.
10
    (b) A licensee seeking restoration of a license after it 
11
has expired or been placed on inactive status for more than 5 
12
years shall file an application, on forms supplied by the 
13
Department, and submit the restoration or renewal fees set 
14
forth by the Department.  The licensee shall also submit proof 
15
of fitness to practice, including one of the following: 
16
        (1) Certification of active practice in another 
17
    jurisdiction, which may include a statement from the 
18
    appropriate board or licensing authority in the other 
19
    jurisdiction that the licensee was authorized to practice 
20
    during the term of said active practice.
21
        (2) Proof of the successful completion of a 
22
    Department-approved licensure examination.
23
        (3) An affidavit attesting to military service as 
24
    provided in subsection (c) of this Section; however, if 
25
    application is made within 2 years after discharge  and if 
26
    all other provisions of subsection (c) of this Section are 
 


 






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    satisfied, the applicant shall be required to pay the 
2
    current renewal fee.
3
    (c)  Any registered professional nurse license issued under 
4
this Act that expired while the licensee was (1) in federal 
5
service on active duty with the Armed Forces of the United 
6
States or in  the State Militia called into service or training  
7
or (2) in training or education under the supervision of the 
8
United States preliminary to induction into the military 
9
service  may have the license restored without paying any lapsed 
10
renewal fees if,  within 2 years after honorable termination of 
11
such service, training, or education, the applicant furnishes 
12
the Department with satisfactory evidence to the effect that 
13
the applicant has been so engaged and that the individual's 
14
service, training, or education has been so terminated.
15
    (d) Any licensee who engages  in the practice of 
16
professional nursing with a lapsed license or while on inactive 
17
status shall be considered to be practicing without a license,  
18
which shall be grounds for discipline under Section 20-5 of 
19
this Act. 
20
    (e) Pending restoration of a registered professional nurse 
21
license under this Section, the Department may grant an 
22
applicant a temporary permit to practice as a registered 
23
professional nurse if the Department is satisfied that the 
24
applicant holds an active, unencumbered license in good 
25
standing in another jurisdiction. If the applicant holds more 
26
than one current active license  or one or more active temporary 
 


 






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licenses from other jurisdictions, the Department shall not 
2
issue a temporary permit until it is satisfied that each 
3
current active license held by the applicant is unencumbered. 
4
The temporary permit, which shall be issued no later than 14 
5
working days after receipt by the Department of an application 
6
for the permit, shall be granted upon the submission of all of 
7
the following to the Department: 
8
        (1) A signed and completed application for restoration 
9
    of licensure under this Section as a registered 
10
    professional nurse.
11
        (2) Proof of  (i) a current, active license in at least 
12
    one other jurisdiction and proof that each current, active 
13
    license or temporary permit held by the applicant is 
14
    unencumbered or (ii) fitness to practice nursing in 
15
    Illinois as specified by rule.
16
        (3) A signed and completed application for a temporary 
17
    permit. 
18
        (4) The required permit fee.
19
    (f) The Department may refuse to issue to an applicant a 
20
temporary permit authorized under this Section if, within 14 
21
working days after its receipt of an application for a 
22
temporary permit, the Department determines that: 
23
        (1) the applicant has been convicted within the last 5 
24
    years of any crime under the laws of any jurisdiction of 
25
    the United States that is (i) a felony or (ii) a 
26
    misdemeanor directly related to the practice of the 
 


 






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    profession; 
2
        (2) within the last 5 years the applicant had a license 
3
    or permit related to the practice of nursing revoked, 
4
    suspended, or placed on probation by another jurisdiction 
5
    if at least one of the grounds for revoking, suspending, or 
6
    placing on probation is the same or substantially 
7
    equivalent to grounds for disciplinary action under this 
8
    Act; or
9
        (3) the Department intends to deny restoration of the 
10
    license.
11
    (g) The Department may revoke a temporary permit issued 
12
under this Section if: 
13
        (1) the Department determines that the applicant has 
14
    been convicted within the last 5 years of any crime under 
15
    the laws  of any jurisdiction of the United States that is 
16
    (i) a felony or (ii) a misdemeanor directly related to the 
17
    practice of the profession;
18
        (2) within the last 5 years, the applicant had a 
19
    license or permit related to the practice of nursing 
20
    revoked, suspended, or placed on probation by another 
21
    jurisdiction, if at least one of the grounds for revoking, 
22
    suspending, or placing on probation is the same or 
23
    substantially equivalent to grounds in Illinois; or
24
        (3) the Department intends to deny restoration of the 
25
    license.
26
    (h) A temporary permit or renewed temporary permit shall 
 


 






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expire (i) upon issuance of an Illinois license or (ii) upon 
2
notification that the Department intends to deny restoration of 
3
licensure. A temporary permit shall expire 6 months from the 
4
date of issuance. Further renewal may be granted by the 
5
Department, in hardship cases, that shall automatically expire 
6
upon issuance of the Illinois license or upon notification that 
7
the Department intends to deny licensure, whichever occurs 
8
first. No extensions shall be granted beyond the 6-month period 
9
unless approved by the Secretary. Notification by the 
10
Department under this Section must be by certified or 
11
registered mail.
 
12
    Section 10-76. Suspension of RN license or registration for 
13
failure to pay restitution.  The Department, without further 
14
process or hearing, shall suspend the license or other 
15
authorization to practice professional nursing issued under 
16
this Act of any person who has been certified by court order as 
17
not having paid restitution to a person under Section 8A-3.5 of 
18
the Illinois Public Aid Code or under Section 46-1 of the 
19
Criminal Code of 1961. A person whose license or other 
20
authorization to practice is suspended under this Section is 
21
prohibited from practicing until restitution is made in full. 
 
22
    Section 10-77. Inactive status of a RN license.   Any 
23
registered professional nurse, who notifies the Department in 
24
writing on forms prescribed by the Department, may elect to 
 


 






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place his or her license on inactive status and shall, subject 
2
to rules of the Department, be excused from payment of renewal 
3
fees until notice is given to the Department, in writing, of 
4
his or her intent to restore the license. 
5
    Any registered professional nurse requesting restoration 
6
from inactive status shall be required to pay the current 
7
renewal fee and shall be required to restore his or her 
8
license, as provided by rule of the Department. 
9
    Any registered professional nurse whose license is in an 
10
inactive status shall not practice professional nursing as 
11
defined by this Act in the State of Illinois. 
 
12
    Section 10-80. RN Scope of practice; professional conduct. 
13
    (a) Professional nursing is a scientific process founded on 
14
a professional body of knowledge; it is a learned profession 
15
based on the understanding of the human condition across the 
16
life span and environment. Practice as a registered 
17
professional nurse means the full scope of nursing, with or 
18
without compensation or personal profit, that incorporates 
19
caring for all patients in all settings, through nursing 
20
standards established and recognized by the Department, and 
21
includes, but is not limited to, all of the following:
22
        (1) The comprehensive nursing assessment of the health 
23
    status of patients that addresses changes to patient 
24
    conditions.
25
        (2) The development of a plan of nursing care to be 
 


 






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    integrated within the patient-centered health care plan 
2
    that establishes nursing diagnoses; setting goals to meet 
3
    identified health care needs, determining nursing 
4
    interventions and implementation of nursing care through 
5
    the execution of nursing strategies and regimens ordered or 
6
    prescribed by authorized healthcare providers.
7
        (3) The administration of or  delegation of medication 
8
    administration to licensed practical nurses.
9
        (4) Delegation  of nursing interventions to implement 
10
    the plan of care. 
11
        (5) The provision for the maintenance of safe and 
12
    effective nursing care rendered directly or through 
13
    delegation.
14
        (6) The assurance of a safe and therapeutic 
15
    environment.
16
        (7) Advocating for patients.
17
        (8) The evaluation of responses to interventions and 
18
    the effectiveness of the plan of care.
19
        (9) Communicating and collaborating  with other health 
20
    care providers.
21
        (10) The procurement and application of new knowledge 
22
    and technologies.
23
        (11) The provision of health education and counseling.
24
        (12) Participating  in development of policies, 
25
    procedures, and systems to support patient safety.
26
        (13) Accounting for compliance with the requirements 
 


 






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    of this Act and for the quality of nursing care rendered 
2
    and for recognizing limits of knowledge, experience, and 
3
    planning of situations beyond the nurse's expertise.
4
    (b) A registered professional nurse shall without 
5
limitation uphold all of the following professional standards 
6
of practice:
7
        (1) He or she shall practice in accordance with this  
8
    Act and rules.
9
        (2) He or she shall practice nursing only when in 
10
    functional physical and mental health.
11
        (3) He or she shall be accountable for his or her  own 
12
    nursing actions and competencies.
13
        (4) He or she shall practice or offer to practice only 
14
    within the scope permitted by law and within the licensee's 
15
    own educational preparation and competencies.
16
        (5) He or she shall seek instruction from  individuals 
17
    when implementing new or unfamiliar nursing activities.
18
        (6) He or she shall delegate nursing activities or 
19
    tasks only to individuals whom the licensee knows or has 
20
    reason to know are competent by education or experience to 
21
    perform those task.
22
        (7) He or she shall delegate nursing responsibilities 
23
    only to individuals whom the licensee knows or has reason 
24
    to know are licensed to perform the responsibilities.
25
        (8) He or she shall be accountable for the quality of 
26
    nursing care delegated to others.
 


 






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        (9) He or she shall report unsafe, unethical, or 
2
    illegal health care practices  or conditions to the 
3
    appropriate authorities and to the Department.
4
        (10) He or she shall assume responsibility for 
5
    continued professional growth and education to reflect 
6
    knowledge and understanding of current nursing practice.
7
    (c) Violations of this Section may result in discipline as 
8
specified in Section 20-5 of the Act. All disciplinary hearings 
9
shall be conducted in accordance with the Illinois 
10
Administrative Code.
 
11
    Section 10-90. Continuing education for RN licensees.  The 
12
Department may adopt rules of continuing education for 
13
registered professional nurses licensed under this Act that 
14
require 20 hours of continuing education per 2-year license 
15
renewal cycle.  The rules shall address variances in part or in 
16
whole for good cause, including, but not limited to, illness or 
17
hardship.  The continuing education rules must ensure that 
18
licensees are given the opportunity to participate in programs 
19
sponsored by or through their State or national professional 
20
associations, hospitals, or other providers of continuing 
21
education.  Each licensee is responsible for maintaining 
22
records of completion of continuing education and shall be 
23
prepared to produce the records when requested by the 
24
Department. 
 
 


 






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    Section 10-100. Qualifications for APN licensure. 
2
    (a) Each applicant who successfully meets the requirements 
3
of this Section shall be entitled to licensure as an advanced 
4
practice nurse.
5
    (b) An applicant for licensure to practice as an advanced 
6
practice nurse must do each of the following:
7
        (1)  Submit a completed application and any fees, as 
8
    established by the Department.
9
        (2) Hold a current license to practice as a registered 
10
    professional nurse under this Act.
11
        (3) Successfully complete requirements to practice as 
12
    and hold a current national certification as a nurse 
13
    midwife, clinical nurse specialist, nurse practitioner, or 
14
    nurse anesthetist from the appropriate national certifying 
15
    body, as determined by rule of the Department.
16
        (4) Have obtained a graduate degree appropriate for 
17
    national certification in a clinical advanced practice 
18
    nursing specialty or a graduate degree or post-master's 
19
    certificate from a graduate level program in a clinical 
20
    advanced practice nursing specialty.
21
        (5) Have not violated the provisions of this Act 
22
    concerning grounds for disciplinary action. The Department 
23
    may take into consideration any felony conviction of the 
24
    applicant,  but such a conviction may not operate as an 
25
    absolute bar to licensure. The applicant must report any 
26
    pending criminal charges, including arrests, detentions, 
 


 






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1
    indictments, criminal convictions, pleas of nolo 
2
    contendere, or other plea arrangements in lieu of 
3
    conviction, and any other formal criminal charges, 
4
    including dispositions arising from criminal charges such 
5
    as sentencing, supervision, and release or any dismissal of 
6
    charges.
7
        (6) Submit to the criminal history records check 
8
    required under Section 5-35 of this Act.
9
    (c) Those applicants seeking licensure in more than one 
10
advanced practice nursing specialty need not possess multiple 
11
graduate degrees. Applicants may be eligible for licenses for 
12
multiple advanced practice nurse licensure specialties, 
13
provided that the applicant (i) has met the requirements for at 
14
least one advanced practice nursing specialty under paragraph 
15
(3) of this subsection (a), (ii) possesses an additional 
16
graduate education that results in a certificate for another 
17
clinical advanced practice nurse specialty and that meets the 
18
requirements for the national certification from the 
19
appropriate nursing specialty, and (iii) holds a current 
20
national certification from the appropriate national 
21
certifying body for that additional advanced practice nursing 
22
specialty.
23
    (d)  The Department shall issue one advanced practice 
24
license to each advanced practice nurse that indicates 
25
specialty areas that he or she is authorized and licensed to 
26
practice.
 


 






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    (e) An advanced practice nurse licensed under this Section 
2
must maintain certification by a national certification body.
3
    (f) Any person who holds a valid license as an advanced 
4
practice nurse issued under the Nursing and Advanced Practice 
5
Nursing Act on the effective date of this Act shall be subject 
6
only to the advanced practice nurse license renewal 
7
requirements of this Act upon the expiration of that license.
 
8
    Section 10-105. Foreign APN licensure applicants. 
9
    (a) All applicants for advanced practice registered 
10
professional nurse licensure pursuant to item (2) of subsection 
11
(b) and item (2) of subsection (c) of this Section who are 
12
graduates of graduate nursing educational programs  in a country 
13
other than the United States or its territories shall meet all 
14
of the following qualifications:
15
        (1)  He or she must possess a current registered 
16
    professional nurse license under this Act. 
17
        (2)  He or she must have his or her  nursing education 
18
    credentials and graduate nursing credentials evaluated by 
19
    a Department-approved nursing credentialing evaluation 
20
    service. No such applicant may be issued an advanced 
21
    practice nurse license under this Act unless the 
22
    applicant's program is deemed by the nursing credentialing 
23
    evaluation service to be equivalent to a professional 
24
    nursing education program approved by the Department. 
25
        (3) An applicant whose first language is not English 
 


 






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1
    must submit certification of passage of the 
2
    Department-approved English proficiency examination, as 
3
    defined by rule. The Department may, upon recommendation 
4
    from the nursing evaluation service, waive the requirement 
5
    that the applicant pass the Department-approved English 
6
    proficiency examination if the applicant submits 
7
    verification of the successful completion of a nursing 
8
    education program conducted in English. 
9
        (4) He or she must provide proof of national 
10
    certification in the area of specialty practice that is 
11
    applied for.
12
    (b) Pending the issuance of a license under subsection (c) 
13
of this Section, the Department may grant an applicant a 
14
temporary license to practice nursing as a registered 
15
professional nurse or as a licensed practical nurse if the 
16
Department is satisfied that the applicant holds an active, 
17
unencumbered license in good standing in another jurisdiction. 
18
If the applicant holds more than one current active license or 
19
one or more active temporary licenses from other jurisdictions, 
20
the Department shall not issue a temporary license until it is 
21
satisfied that each current active license held by the 
22
applicant is unencumbered. The temporary license, which shall 
23
be issued no later than 14 working days after receipt by the 
24
Department of an application for the temporary license, shall 
25
be granted upon the submission of the following to the 
26
Department:
 


 






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1
        (1) a signed and completed application for licensure 
2
    under subsection (a) of this Section as a registered 
3
    professional nurse or a licensed practical nurse;
4
        (2) proof of a current, active license in at least one 
5
    other jurisdiction and proof that each current active 
6
    license or temporary license held by the applicant within 
7
    the last 5 years is unencumbered;
8
        (3) a signed and completed application for a temporary 
9
    license; and
10
        (4) the required temporary license fee.
11
    (c) The Department may refuse to issue an applicant a 
12
temporary license authorized pursuant to this Section if, 
13
within 14 working days after its receipt of an application for 
14
a temporary license, the Department determines that:
15
        (1) the applicant has been convicted of a crime under 
16
    the laws of a jurisdiction of the United States (i) that  is 
17
    a felony  or (ii) that  is a misdemeanor directly related to 
18
    the practice of the profession, within the last 5 years;
19
        (2) within the last 5 years the applicant has had a 
20
    license or permit related to the practice of nursing 
21
    revoked, suspended, or placed on probation by another 
22
    jurisdiction, if at least one of the grounds for revoking, 
23
    suspending, or placing on probation is the same or 
24
    substantially equivalent to grounds in Illinois; or
25
        (3) it intends to deny licensure by endorsement. 
26
    (d) The Department may revoke a temporary license issued 
 


 






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1
pursuant to this Section if:
2
        (1) it determines that the applicant has been convicted 
3
    of a crime under the law of any jurisdiction of the United 
4
    States that is (i) a felony or (ii) a misdemeanor directly 
5
    related to the practice of the profession, within the last 
6
    5 years;
7
        (2) it determines that within the last 5 years the 
8
    applicant has had a license or permit related to the 
9
    practice of nursing revoked, suspended, or placed on 
10
    probation by another jurisdiction, if at least one of the 
11
    grounds for revoking, suspending, or placing on probation 
12
    is the same or substantially equivalent to grounds in 
13
    Illinois; or
14
        (3) it determines that it intends to deny licensure by 
15
    endorsement.
16
    A temporary license shall expire 6 months from the date of 
17
issuance. Further renewal may be granted by the Department in 
18
hardship cases, as defined by rule and upon approval of the 
19
Secretary. However, a temporary license shall automatically 
20
expire upon issuance of the Illinois license or upon 
21
notification that the Department intends to deny licensure, 
22
whichever occurs first. 
23
    (e) Applicants have 2 years from the date of application to 
24
complete the application process. If the process has not been 
25
completed within 2 years from the date of application, the 
26
application shall be denied, the fee forfeited, and the 
 


 






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applicant must reapply and meet the requirements in effect at 
2
the time of reapplication.
 
3
    Section 10-107. APN practice in cases of emergency or 
4
disaster. 
5
    (a) An advanced practice nurse with an unencumbered license 
6
from another state or United States territory may provide 
7
nursing care for victims during an emergency or disaster in 
8
this State for up to 3 months following the date the disaster 
9
or emergency was declared.  Advanced practice nurses from 
10
outside of this State who provide assistance under this Section 
11
must meet each of the following requirements:
12
        (1) He or she must hold an unencumbered advanced 
13
    practice nurse license from a United States jurisdiction.
14
        (2)  He or she must have graduated from a professional 
15
    nursing program that has been approved by a valid state 
16
    board of nursing.
17
        (3)  He or she must have taken and passed the 
18
    Department-approved licensure exam. 
19
    (b) At the discretion of the Secretary, the following 
20
exemptions may be applied by the Department for advanced 
21
practice nurses displaced during a federally declared 
22
emergency or disaster and seeking licensure under this Act:
23
        (1) Verification of licensure may be obtained from an 
24
    authorized national databank.
25
        (2) The Department may accept a photocopy of a license, 
 


 






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    if sent directly from a nursing program that the applicant 
2
    graduated from or an institution that employed the 
3
    applicant.
4
        (3) The licensure fee may be waived for up to 3 months.
5
    In these circumstances, the Department shall issue a 
6
temporary license, for not more than 6 months or until all 
7
credentials are received for licensure by endorsement or 
8
licensure is denied.
 
9
    Section 10-110. APN license-pending status. 
10
    (a) A graduate of an advanced practice nursing program may 
11
practice in the State of Illinois in the role of clinical nurse 
12
specialist, certified nurse midwife, certified nurse 
13
practitioner, or certified registered nurse anesthetist for 
14
not longer than 6 months,  provided he or she submits all of the 
15
following: 
16
        (1) An application for licensure as an advanced  
17
    practice nurse in Illinois and all fees established by 
18
    rule.
19
        (2) Proof of an application to take the national  
20
    certification examination in the specialty. 
21
        (3) Proof of completion of a graduate advanced  practice 
22
    education program that allows the applicant to be eligible 
23
    for national certification in a clinical advanced practice 
24
    nursing specialty and that allows the applicant to be 
25
    eligible for licensure in Illinois in the area of his or 
 


 






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    her specialty. 
2
        (4) Proof that he or she is licensed in Illinois as a 
3
    registered professional nurse. 
4
    (b) License-pending status shall preclude delegation of 
5
prescriptive authority.
6
    (c) A graduate practicing in accordance with this Section 
7
must use the title "license-pending clinical nurse 
8
specialist", "license-pending nurse midwife", "license-pending 
9
nurse practitioner", or "license-pending registered nurse 
10
anesthetist", whichever is applicable. 
 
11
    Section 10-111. Expiration of APN license; renewal.  The 
12
expiration date and renewal period for each advanced practice 
13
nurse license issued under this Act shall be set by rule. The 
14
holder of a license may renew the license during the month 
15
preceding the expiration date of the license by paying the 
16
required fee. It is the responsibility of the licensee to 
17
notify the Department in writing of a change of address.
 
18
    Section 10-112. Restoration of APN license; temporary 
19
permit. 
20
    (a) Any license issued under this Act that has expired or 
21
that is on inactive status may be restored by making 
22
application to the Department and filing proof of fitness 
23
acceptable to the Department as specified by rule to have the 
24
license restored and by paying the required restoration fee. 
 


 






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Such proof of fitness may include evidence certifying active 
2
lawful practice in another jurisdiction.
3
    (b) A licensee seeking restoration of a license after it 
4
has expired or been placed on inactive status for more than 5 
5
years shall file an application, on forms supplied by the 
6
Department, and submit the restoration or renewal fees set 
7
forth by the Department.  The licensee shall also submit proof 
8
of fitness to practice, including one of the following: 
9
        (1) Certification of active practice in another 
10
    jurisdiction, which may include a statement from the 
11
    appropriate board or licensing authority in the other 
12
    jurisdiction that the licensee was authorized to practice 
13
    during the term of said active practice.
14
        (2) Proof of the successful completion of a 
15
    Department-approved licensure examination.
16
        (3) An affidavit attesting to military service as 
17
    provided in subsection (c) of this Section; however, if 
18
    application is made within 2 years after discharge  and if 
19
    all other provisions of subsection (c) of this Section are 
20
    satisfied, the applicant shall be required to pay the 
21
    current renewal fee.
22
    (c)  Any advanced practice nurse license issued under this 
23
Act that expired while the licensee was (1) in federal service 
24
on active duty with the Armed Forces of the United States or in  
25
the State Militia called into service or training  or (2) in 
26
training or education under the supervision of the United 
 


 






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States preliminary to induction into the military service  may 
2
have the license restored without paying any lapsed renewal 
3
fees if,  within 2 years after honorable termination of such 
4
service, training, or education, the applicant furnishes the 
5
Department with satisfactory evidence to the effect that the 
6
applicant has been so engaged and that the individual's 
7
service, training, or education has been so terminated.
8
    (d) Any licensee who engages  in the practice of advanced 
9
practice nursing with a lapsed license or while on inactive 
10
status shall be considered to be practicing without a license,  
11
which shall be grounds for discipline under Section 20-5 of 
12
this Act. 
13
    (e) Pending restoration of an advanced practice nurse 
14
license under this Section, the Department may grant an 
15
applicant a temporary permit to practice as an advanced 
16
practice nurse if the Department is satisfied that the 
17
applicant holds an active, unencumbered license in good 
18
standing in another jurisdiction. If the applicant holds more 
19
than one current active license  or one or more active temporary 
20
licenses from other jurisdictions, the Department shall not 
21
issue a temporary permit until it is satisfied that each 
22
current active license held by the applicant is unencumbered. 
23
The temporary permit, which shall be issued no later than 14 
24
working days after receipt by the Department of an application 
25
for the permit, shall be granted upon the submission of all of 
26
the following to the Department: 
 


 






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        (1) A signed and completed application for restoration 
2
    of licensure under this Section as an advanced practice 
3
    nurse.
4
        (2) Proof of  (i) a current, active license in at least 
5
    one other jurisdiction and proof that each current, active 
6
    license or temporary permit held by the applicant is 
7
    unencumbered or (ii) fitness to practice nursing in 
8
    Illinois as specified by rule.
9
        (3) A signed and completed application for a temporary 
10
    permit. 
11
        (4) The required permit fee.
12
    (f) The Department may refuse to issue to an applicant a 
13
temporary permit authorized under this Section if, within 14 
14
working days after its receipt of an application for a 
15
temporary permit, the Department determines that: 
16
        (1) the applicant has been convicted within the last 5 
17
    years of any crime under the laws of any jurisdiction of 
18
    the United States that is (i) a felony or (ii) a 
19
    misdemeanor directly related to the practice of the 
20
    profession; 
21
        (2) within the last 5 years the applicant had a license 
22
    or permit related to the practice of nursing revoked, 
23
    suspended, or placed on probation by another jurisdiction 
24
    if at least one of the grounds for revoking, suspending, or 
25
    placing on probation is the same or substantially 
26
    equivalent to grounds for disciplinary action under this 
 


 






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    Act; or
2
        (3) the Department intends to deny restoration of the 
3
    license.
4
    (g) The Department may revoke a temporary permit issued 
5
under this Section if: 
6
        (1) the Department determines that the applicant has 
7
    been convicted within the last 5 years of any crime under 
8
    the laws  of any jurisdiction of the United States that is 
9
    (i) a felony or (ii) a misdemeanor directly related to the 
10
    practice of the profession;
11
        (2) within the last 5 years, the applicant had a 
12
    license or permit related to the practice of nursing 
13
    revoked, suspended, or placed on probation by another 
14
    jurisdiction, if at least one of the grounds for revoking, 
15
    suspending, or placing on probation is the same or 
16
    substantially equivalent to grounds in Illinois; or
17
        (3) the Department intends to deny restoration of the 
18
    license.
19
    (h) A temporary permit or renewed temporary permit shall 
20
expire (i) upon issuance of an Illinois license or (ii) upon 
21
notification that the Department intends to deny restoration of 
22
licensure. A temporary permit shall expire 6 months from the 
23
date of issuance. Further renewal may be granted by the 
24
Department, in hardship cases, that shall automatically expire 
25
upon issuance of the Illinois license or upon notification that 
26
the Department intends to deny licensure, whichever occurs 
 


 






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first. No extensions shall be granted beyond the 6-month period 
2
unless approved by the Secretary. Notification by the 
3
Department under this Section must be by certified or 
4
registered mail.
 
5
    Section 10-113. Suspension of APN license or registration 
6
for failure to pay restitution.  The Department, without further 
7
process or hearing, shall suspend the license or other 
8
authorization to practice advanced practice nursing issued 
9
under this Act of any person who has been certified by court 
10
order as not having paid restitution to a person under Section 
11
8A-3.5 of the Illinois Public Aid Code or under Section 46-1 of 
12
the Criminal Code of 1961. A person whose license or other 
13
authorization to practice is suspended under this Section is 
14
prohibited from practicing until restitution is made in full. 
 
15
    Section 10-114. Inactive status of a APN license.   Any 
16
advanced practice nurse, who notifies the Department in writing 
17
on forms prescribed by the Department, may elect to place his 
18
or her license on inactive status and shall, subject to rules 
19
of the Department, be excused from payment of renewal fees 
20
until notice is given to the Department, in writing, of his or 
21
her intent to restore the license. 
22
    Any advanced practice nurse requesting restoration from 
23
inactive status shall be required to pay the current renewal 
24
fee and shall be required to restore his or her license, as 
 


 






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provided by rule of the Department. 
2
    Any advanced practice nurse whose license is in an inactive 
3
status shall not practice advanced practice nursing as defined 
4
by this Act in the State of Illinois. 
 
5
    Section 10-115. APN Scope of practice; professional 
6
standards. 
7
    (a) Advanced practice nursing by certified nurse 
8
practitioners, certified nurse anesthetists, certified nurse 
9
midwives, or clinical nurse specialists is based on knowledge 
10
and skills acquired throughout their nursing education, 
11
training,  and experience.
12
    (b) Practice as an advanced practice nurse means a scope of 
13
nursing practice, with or without compensation or personal 
14
profit, and includes the registered nurse scope of practice; 
15
the scope of practice of an advanced practice nurse includes, 
16
but not limited to, each of the following:
17
        (1) Advanced patient assessment and diagnosis.
18
        (2) Ordering diagnostic and therapeutic tests and 
19
    procedures, performing those tests and procedures when 
20
    using health care equipment, and interpreting and using the 
21
    results of diagnostic and therapeutic tests and procedures 
22
    ordered by the advanced practice nurse or other health care 
23
    professional.
24
        (3) Ordering treatments, ordering or applying 
25
    appropriate medical devices, and using nursing medical, 
 


 






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    therapeutic, and corrective measures to treat illness and 
2
    improve health status.
3
        (4) Providing palliative and end-of-life care.
4
        (5) Providing advanced counseling, patient education, 
5
    health education,  and patient advocacy.
6
        (6) Prescriptive authority as defined in this Act.
7
        (7) Delegating selected nursing activities or tasks to 
8
    a licensed practical nurse, a registered professional 
9
    nurse,  or other personnel.
10
    (c) Violations of this Section may result in discipline as 
11
specified in Section 20-5 of the Act. All disciplinary hearings 
12
shall be conducted in accordance with the Illinois 
13
Administrative Code.
 
14
    Section 10-117. APN standards of professional conduct. 
15
    (a) Advanced practice nurses are expected to safely 
16
practice within the standards established or recognized by the 
17
Board and the Department.  Each advanced practice nurse is 
18
accountable to patients, the nursing profession, the Board, and 
19
the Department for compliance with the requirements of this Act 
20
and the quality and safety of advanced practice nursing 
21
rendered.
22
    (b) An advanced practice nurse must reasonably plan for the 
23
management of situations beyond his or her area of expertise 
24
and must consult with other health care professionals and make 
25
referrals as needed to provide services to patients.
 


 






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    (c) Advanced practice nurses must comply with the standards 
2
for registered professional nurses set forth in this Act and 
3
with the standards of national professional nursing 
4
associations. When conflict arises between the standards of a 
5
specific role and specialty of an advanced practice nurse  and 
6
those of registered nurses, the standards for the specific role 
7
and specialty of the advanced practice nurse shall supersede 
8
the standards for registered nurses.
 
9
    Section 10-120. Written collaborative agreement with a 
10
physician, dentist, or podiatrist for advanced practice nurses 
11
engaged in clinical practice.  
12
    (a) A written collaborative agreement is required for all 
13
advanced practice nurses engaged in clinical practice, except 
14
for those who are practicing in and are credentialed and 
15
privileged by an accredited facility or its affiliates.
16
    (b) If an advanced practice nurse engages in clinical 
17
practice outside of the accredited facility in which he or she 
18
is credentialed and privileged or its affiliates, the advanced 
19
practice nurse must have a written collaborative agreement.
20
    (c) A written collaborative agreement shall describe the 
21
working relationship of the advanced practice nurse with a 
22
collaborating physician, dentist, or podiatrist and shall 
23
describe the categories of care, treatment, or procedures to be 
24
performed by the advanced practice nurse. Collaboration does 
25
not require an employment relationship between the 
 


 






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collaborating physician, dentist, or podiatrist and the 
2
advanced practice nurse. The agreement shall be written to 
3
promote the exercise of professional judgment by the advanced 
4
practice nurse commensurate with his or her education and 
5
experience. The agreement need not describe the exact steps 
6
that an advanced practice nurse must take with respect to each 
7
specific condition, disease, or symptom but must specify which 
8
procedures require a physician, dentist, or podiatrist's 
9
presence as the procedures are being performed. The 
10
collaborative relationship under an agreement shall not be 
11
construed to require the personal presence of a physician, 
12
dentist, or podiatrist at all times at the place where services 
13
are rendered. A written collaborative agreement shall be 
14
adequate if:
15
        (1) Guidelines are developed jointly by the advanced 
16
    practice nurse and collaborating physician, dentist, or 
17
    podiatrist, as needed, based on the practice and the 
18
    practitioners. Such guidelines and the patient services 
19
    provided under them are periodically reviewed by the 
20
    physician, dentist, or podiatrist.
21
        (2) The collaborating physician, dentist, or 
22
    podiatrist practices within a branch of medicine, 
23
    dentistry, or podiatry appropriate to the advanced 
24
    practice nurse's practice.
25
        (3) The collaborating physician, dentist, or 
26
    podiatrist is available in person or through 
 


 






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    telecommunications for consultation, collaboration, and 
2
    referral, as needed to address patient care needs. If the 
3
    collaborating physician, dentist, or podiatrist is not 
4
    available, another physician, dentist, or podiatrist shall 
5
    be available for collaboration with the advanced practice 
6
    nurse. 
7
        (4) The agreement contains provisions detailing 
8
    reasonable notice for termination or change of status 
9
    involving a written collaborative agreement except when 
10
    such notice is given for just cause.
11
    (d) A copy of the signed, written collaborative agreement 
12
must be available to the Department upon request. It shall be 
13
periodically updated. 
14
    (e) A collaborating physician, dentist, or podiatrist 
15
shall not be liable for the acts or omissions of an advanced 
16
practice nurse solely on the basis of having signed a written 
17
collaborative agreement or developing guidelines under such an 
18
agreement.
19
    (f) An advanced practice nurse shall not be liable for the 
20
acts or omissions of a collaborating physician, dentist, or 
21
podiatrist solely on the basis of having signed a written 
22
collaborative agreement or developing guidelines under such an 
23
agreement.
 
24
    Section 10-125. APN title. 
25
    (a) No person shall use any words, abbreviations, figures, 
 


 






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1
letters, title, sign, card, or device tending to imply that he 
2
or she is an advanced practice nurse, including, but not 
3
limited to, using the titles or initials "Advanced Practice 
4
Nurse", "Certified Nurse Midwife", "Certified Nurse 
5
Practitioner", "Certified Registered Nurse Anesthetist", 
6
"Clinical Nurse Specialist", "A.P.N.", "C.N.M.", "C.N.P.", 
7
"C.R.N.A.", "C.N.S.", or similar titles or initials, with the 
8
intention of indicating practice as an advanced practice nurse 
9
without meeting the requirements of this Act. 
10
    (b) No advanced practice nurse shall indicate to other 
11
persons that he or she is  qualified to engage in the general 
12
practice of medicine. 
13
    (c) An advanced practice nurse shall verbally identify 
14
himself or herself as an advanced practice nurse, including 
15
specialty certification, to each patient. 
16
    (d) Nothing in this Act shall be construed to relieve an 
17
advanced practice nurse of the professional or legal 
18
responsibility for the care and treatment of persons attended 
19
by him or her. 
 
20
    Section 10-130. Advertising as an APN. 
21
    (a) A person licensed under this Act as an advanced 
22
practice nurse may advertise the availability of professional 
23
services in the public media or on the premises where the 
24
professional services are rendered. The advertising shall be 
25
limited to the following information:
 


 






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        (1) publication of the person's name, title, office 
2
    hours, address, and telephone number; 
3
        (2) information pertaining to the person's areas of  
4
    specialization, including, but not limited to, appropriate 
5
    board certification or limitation of professional 
6
    practice; 
7
        (3) publication of the person's collaborating  
8
    physician's, dentist's or podiatrist's name, title, and 
9
    areas of specialization;
10
        (4) information on usual and customary fees for  routine 
11
    professional services offered, which shall include 
12
    notification that fees may be adjusted due to complications 
13
    or unforeseen circumstances; 
14
        (5) announcements of the opening of, change of,  absence 
15
    from, or return to business; 
16
        (6) announcement of additions to or deletions from 
17
    professional licensed staff; and 
18
        (7) the issuance of business or appointment cards. 
19
    (b) It is unlawful for a person licensed under this Act as 
20
an advanced practice nurse to use testimonials or claims of 
21
superior quality of care to entice the public. It shall be 
22
unlawful to advertise fee comparisons of available services 
23
with those of other licensed persons.
24
    (c) This Article  does not authorize the advertising of 
25
professional services that the offeror of the services is not 
26
licensed or authorized to render, nor shall the advertiser use 
 


 






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statements that contain false, fraudulent, deceptive, or 
2
misleading material or guarantees of success, statements that 
3
play upon the vanity or fears of the public, or statements that 
4
promote or produce unfair competition. 
5
    (d) It is unlawful and punishable under the penalty 
6
provisions of this Act for a person licensed under this Article  
7
to knowingly advertise that the licensee will accept as payment 
8
for services rendered by assignment from any third party payor 
9
the amount the third party payor covers as payment in full, if 
10
the effect is to give the impression of eliminating the need of 
11
payment by the patient of any required deductible or copayment 
12
applicable in the patient's health benefit plan.
13
    (e) A licensee shall include in every advertisement for 
14
services regulated under this Act his or her title as it 
15
appears on the license or the initials authorized under this 
16
Act.
17
    (f) As used in this Section, "advertise" means solicitation 
18
by the licensee or through another person or entity by means of 
19
handbills, posters, circulars, motion pictures, radio, 
20
newspapers, or television or any other manner. 
 
21
    Section 10-135. Continuing education for APNs.  The 
22
Department shall adopt rules of continuing education for 
23
persons licensed under this Article  that require 50 hours of 
24
continuing education per 2-year license renewal cycle. The 
25
rules shall not be inconsistent with requirements of relevant 
 


 






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1
national certifying bodies or State or national professional 
2
associations. The rules shall also address variances in part or 
3
in whole for good cause, including, but not limited to, illness 
4
or hardship. The continuing education rules shall ensure  that 
5
licensees are given the opportunity to participate in programs 
6
sponsored by or through their State or national professional 
7
associations, hospitals, or other providers of continuing 
8
education. Each licensee is responsible for maintaining 
9
records of completion of continuing education and shall be 
10
prepared to produce the records when requested by the 
11
Department. 
 
12
    Section 10-140. Additional grounds for discipline for 
13
APNs. 
14
    (a) The Department may, upon the recommendation of the 
15
Board, refuse to issue or to renew, may revoke, suspend, place 
16
on probation, censure, or reprimand, or may take other 
17
disciplinary action as the Department may deem appropriate with 
18
regard to a license issued under this Article, including the 
19
issuance of fines not to exceed $10,000 for each violation, for 
20
any one or combination of the grounds for discipline set forth 
21
in Section 20-5 of this Act or for any one or combination of 
22
the following causes:
23
        (1) Failure to meet the standard of care in nursing.
24
        (2) Exceeding the terms of a collaborative agreement. 
25
        (3) Making a false or misleading statement regarding 
 


 






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1
    his or her skill or the efficacy or value of the medicine, 
2
    treatment, or remedy prescribed by him or her in the course 
3
    of treatment. 
4
        (4) Prescribing, selling, administering, distributing, 
5
    giving, or self-administering a drug classified as a 
6
    controlled substance (designated product) or narcotic for 
7
    other than medically accepted therapeutic purposes. 
8
        (5) Promotion of the sale of drugs, devices, 
9
    appliances, or goods provided for a patient in a manner to 
10
    exploit the patient for financial gain.
11
        (6) Violating State or federal laws or regulations  
12
    relating to controlled substances. 
13
        (7) Willfully or negligently violating the 
14
    confidentiality between advanced practice nurse, 
15
    collaborating physician, dentist, or podiatrist, and 
16
    patient, except as required by law. 
17
        (8) Failure of a licensee to report to the Department 
18
    any adverse final action taken against such licensee by 
19
    another licensing jurisdiction (any other jurisdiction of 
20
    the United States or any foreign state or country), any 
21
    peer review body, any health care institution, a 
22
    professional or nursing or advanced practice nursing 
23
    society or association, a governmental agency, a law 
24
    enforcement agency, or a court or a liability claim 
25
    relating to acts or conduct similar to acts or conduct that 
26
    would constitute grounds for action as defined in this 
 


 






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    Section. 
2
        (9) Failure of a licensee to report to the  Department 
3
    surrender by the licensee of a license or authorization to 
4
    practice nursing or advanced practice nursing in another 
5
    state or jurisdiction or current surrender by the licensee 
6
    of membership on any nursing staff or organized health care 
7
    professional staff or in any nursing, advanced practice 
8
    nurse, or professional association or society while under 
9
    disciplinary investigation by any of those authorities or 
10
    bodies for acts or conduct similar to acts or conduct that 
11
    would constitute grounds for action as defined in this 
12
    Section. 
13
        (10) Failing, within 60 days, to provide information in 
14
    response to a written request made by the Department.
15
        (11) Failure to establish and maintain records of  
16
    patient care and treatment as required by law. 
 
17

ARTICLE 15.  ILLINOIS CENTER FOR NURSING

 
18
    Section 15-5. Definitions.  In this Article:
19
    "Board" means the Center for Nursing Advisory Board.
20
    "Center" means the Illinois Center for Nursing. 
 
21
    Section 15-10. Illinois Center for Nursing.  There is 
22
created the Illinois Center for Nursing to address issues of 
23
supply and demand in the nursing profession, including issues 
 


 






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of recruitment, retention, and utilization of nurse manpower 
2
resources. The General Assembly finds that the Center will 
3
enhance the delivery of quality health care services by 
4
providing an ongoing strategy for the allocation of the State's 
5
resources directed towards nursing. Each of the following 
6
objectives shall serve as the primary goals for the Center:
7
        (1) To develop a strategic plan for nursing manpower in 
8
    Illinois by selecting priorities that must be addressed.
9
        (2) To convene various groups of representatives of  
10
    nurses, other health care providers, businesses and 
11
    industries, consumers, legislators, and educators to: 
12
            (A) review and comment on data analysis prepared 
13
        for the Center; 
14
            (B) recommend systemic changes, including 
15
        strategies for implementation of recommended changes; 
16
        and 
17
            (C) evaluate and report the results of the Board's 
18
        efforts to the General Assembly and others.
19
        (3) To enhance and promote recognition, reward, and 
20
    renewal activities for nurses in Illinois by:
21
            (A) proposing and creating reward, recognition, 
22
        and renewal activities for nursing; and
23
            (B) promoting media and positive image-building 
24
        efforts for nursing.
 
25
    Section 15-15. Center for Nursing Advisory Board. 
 


 






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    (a) There is created the Center for Nursing Advisory Board, 
2
which shall consist of 11 members appointed by the Governor, 
3
with 6 members of the Board being nurses representative of 
4
various nursing specialty areas. The other 5 members may 
5
include representatives of associations, health care 
6
providers, nursing educators, and consumers. The Board shall be 
7
chaired by the Nursing Coordinator, who shall be a voting 
8
member of the Board.
9
    (b) The membership of the Board shall reasonably reflect 
10
representation from the geographic areas in this State.
11
    (c) Members of the Board appointed by the Governor shall 
12
serve for terms of 4 years, with no member serving more than 10 
13
successive years, except that, initially, 4 members shall be 
14
appointed to the Board for terms that expire on June 30, 2009, 
15
4 members shall be appointed to the Board for terms that expire 
16
on June 30, 2008, and 3 members shall be appointed to the Board 
17
for terms that expire on June 30, 2007. A member shall serve 
18
until his or her successor is appointed and has qualified. 
19
Vacancies shall be filled in the same manner as original 
20
appointments, and any member so appointed shall serve during 
21
the remainder of the term for which the vacancy occurred.
22
    (d) A quorum of the Board shall consist of a majority of 
23
Board members currently serving. A majority vote of the quorum 
24
is required for Board decisions. A vacancy in the membership of 
25
the Board shall not impair the right of a quorum to exercise 
26
all of the rights and perform all of the duties of the Board.
 


 






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    (e) The Governor may remove any appointed member of the 
2
Board for misconduct, incapacity, or neglect of duty and shall 
3
be the sole judge of the sufficiency of the cause for removal.
4
    (f) Members of the Board are immune from suit in any action 
5
based upon any activities performed in good faith as members of 
6
the Board.
7
    (g) Members of the Board shall not receive compensation, 
8
but shall be reimbursed for actual traveling, incidentals, and 
9
expenses necessarily incurred in carrying out their duties as 
10
members of the Board, as approved by the Department. 
 
11
    Section 15-20. Powers and duties of the Board. 
12
    (a) The Board shall be advisory to the Department and shall 
13
possess and perform each of the following powers and duties:
14
        (1) determine operational policy;
15
        (2) administer grants, scholarships, internships, and  
16
    other programs, as defined by rule, including the 
17
    administration of programs, as determined by law, that 
18
    further those goals set forth in Section 5-10 of this Act, 
19
    in consultation with other State agencies, as provided by 
20
    law; 
21
        (3) establish committees of the Board as needed;
22
        (4) recommend the adoption and, from time to time, the 
23
    revision of those rules that may be adopted and necessary 
24
    to carry out the provisions of this Act; 
25
        (5) implement the major functions of the Center, as 
 


 






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    established in the goals set forth in Section 5-10 of this 
2
    Act; and
3
        (6) seek and accept non-State funds for carrying out 
4
    the policies  of the Center.
5
    (b) The Center shall work in consultation with other State 
6
agencies as necessary.
 
7

ARTICLE 20.   ADMINISTRATION AND ENFORCEMENT

 
8
    Section 20-5. Grounds for disciplinary action.  
9
    (a) The Department may, upon recommendation of the Board, 
10
refuse to issue or to renew, may revoke, suspend, place on 
11
probation, or reprimand, or may take other disciplinary action 
12
as the Department may deem appropriate with regard to a license 
13
for any one or combination of the causes set forth in 
14
subsection (b). Fines of  up to 25% of benefits, including, but 
15
not limited to, monetary gain, may be imposed in conjunction 
16
with other forms of disciplinary action for those violations 
17
that result in a benefit  for the licensee. Fines shall not be 
18
the exclusive disposition of any disciplinary action arising 
19
out of conduct resulting in death or injury to a patient. Fines 
20
shall not be assessed in disciplinary actions involving mental 
21
or physical illness or impairment. All fines collected under 
22
this Section shall be deposited in the Nursing Dedicated and 
23
Professional Fund. 
24
    (b) Grounds for disciplinary action include the following:
 


 






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        (1) Material deception in furnishing information to 
2
    the Department.
3
        (2) Material violations of any provision of this Act or 
4
    violation of the rules of or final administrative action of 
5
    the Secretary, after consideration of the recommendation 
6
    of the Board.
7
        (3) Conviction by plea of guilty, finding of guilt, 
8
    jury verdict, or entry of judgment or by sentencing of any 
9
    crime, including, but not limited to, convictions 
10
    preceding sentences of supervision, conditional discharge, 
11
    or  first offender probation, under the laws of any 
12
    jurisdiction of the United States (i) that  is a felony  or 
13
    (ii) that  is a misdemeanor, an essential element of which 
14
    is dishonesty, or of any crime which is directly related to 
15
    the practice of the profession.
16
        (4) A pattern of practice or other behavior that  
17
    demonstrates incapacity or incompetence to practice under 
18
    this Act.
19
        (5) Knowingly aiding or assisting another person in 
20
    violating any provision of this Act or rules.
21
        (6) Failing, within 90 days, to provide a response to a 
22
    request for information in response to a written request 
23
    made by the Department by certified mail.
24
        (7) Engaging in dishonorable, unethical, or 
25
    unprofessional conduct of a character that  deceives, 
26
    defrauds, or harms the public, as defined by rule.
 


 






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        (8) Unlawful taking, theft, selling, distributing, or 
2
    manufacturing  of any drug, narcotic, or prescription 
3
    device.
4
        (9)  Habitual or excessive use or addiction to alcohol, 
5
    narcotics, stimulants, or any other chemical agent or drug 
6
    that  results in a licensee's inability to practice with 
7
    reasonable judgment, skill, or safety.
8
        (10) Discipline by another U.S. jurisdiction or 
9
    foreign nation, if at least one of the grounds for the 
10
    discipline is the same or substantially equivalent to those 
11
    set forth in this Section.
12
        (11) A finding that the licensee, after having his or 
13
    her license placed on probationary status, has violated the 
14
    terms of probation.
15
        (12) Being named as a perpetrator in an indicated 
16
    report by the Department of Children and Family Services 
17
    and under the Abused and Neglected Child Reporting Act  and 
18
    upon proof by clear and convincing evidence that the 
19
    licensee has caused a child to be an abused child or 
20
    neglected child as defined in the Abused and Neglected 
21
    Child Reporting Act.
22
        (13) Willful omission to file or record, willfully 
23
    impeding the filing or recording, or inducing another 
24
    person to omit to file or record medical reports as 
25
    required by law or willfully failing to report an instance 
26
    of suspected child abuse or neglect as required by the 
 


 






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    Abused and Neglected Child Reporting Act.
2
        (14) Gross negligence in the practice of nursing. 
3
        (15) Holding one out to be practicing nursing under any 
4
    name other than one's own.
5
        (16) Failure of a licensee to report to the Department 
6
    any adverse final action taken against such licensee by 
7
    another licensing jurisdiction (any other jurisdiction of 
8
    the United States or any foreign state or country), any 
9
    peer review body, any health care institution, a 
10
    professional or nursing or advanced practice nursing 
11
    society or association, a governmental agency, a law 
12
    enforcement agency, or a court or a liability claim 
13
    relating to acts or conduct similar to acts or conduct that 
14
    would constitute grounds for action as defined in this 
15
    Section.
16
        (17) Failure of a licensee to report to the Department 
17
    surrender by the licensee of a license or authorization to 
18
    practice nursing or advanced practice nursing in another 
19
    state or jurisdiction  or current surrender by the licensee 
20
    of membership on any nursing staff or organized health care 
21
    professional staff or in any nursing, advanced practice 
22
    nurse, or professional association or society while under 
23
    disciplinary investigation by any of those authorities or 
24
    bodies for acts or conduct similar to acts or conduct that 
25
    would constitute grounds for action as defined in this 
26
    Section.
 


 






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        (18) Failing, within 60 days, to provide information in 
2
    response to a written request made by the Department.
3
        (19) Failure to establish and maintain records of 
4
    patient care and treatment as required by law.
5
        (20) Any violation of any Section of this Act.
6
        (21) Fraud, deceit, or misrepresentation in applying 
7
    for or procuring a license under this Act or in connection 
8
    with applying for renewal of a license under this Act.
9
        (22) Allowing another person or organization to use the 
10
    licensees' license to deceive the public.
11
        (23) Willfully making or filing false records or 
12
    reports in the licensee's practice, including, but not 
13
    limited to, false records to support claims against the 
14
    medical assistance program of the Department of Healthcare 
15
    and Family Services under the Illinois  Public Aid Code.
16
        (24) Attempting to subvert or cheat on a nurse 
17
    licensing examination administered under this Act.
18
        (25) Immoral conduct in the commission of an act, such 
19
    as sexual abuse, sexual misconduct, or sexual 
20
    exploitation, related to the licensee's practice.
21
        (26) Willfully or negligently violating the 
22
    confidentiality between nurse and patient except as 
23
    required by law.
24
        (27) Practicing under a false or assumed name, except 
25
    as provided by law.
26
        (28) The use of any false, fraudulent, or deceptive 
 


 






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    statement in any document connected with the licensee's 
2
    practice.
3
        (29) Directly or indirectly giving to or receiving from 
4
    a person, firm, corporation, partnership, or association a 
5
    fee, commission, rebate, or other form of compensation for 
6
    professional services not actually or personally rendered.
7
        (30) Failure of a licensee to report to the Department 
8
    any adverse final action taken against such licensee by 
9
    another licensing jurisdiction (any other jurisdiction of 
10
    the United States or any foreign state or country), by any 
11
    peer review body, by any health care institution, by any 
12
    professional or nursing society or association, by any 
13
    governmental agency, by any law enforcement agency, or by 
14
    any court or a nursing liability claim related to acts or 
15
    conduct similar to acts or conduct that would constitute 
16
    grounds for action as defined in this Section.
17
        (31) Failure of a licensee or applicant to report to 
18
    the Department surrender by the licensee of a license or 
19
    authorization to practice nursing in another state or 
20
    jurisdiction or current surrender by the licensee of 
21
    membership on any nursing staff or in any nursing or 
22
    professional association or society while under 
23
    disciplinary investigation by any of those authorities or 
24
    bodies for acts or conduct similar to acts or conduct that 
25
    would constitute grounds for action as defined by this 
26
    Section.
 


 






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        (32) A violation of the Health Care Worker 
2
    Self-Referral Act.
3
        (33) Physical illness, including, but not limited to, 
4
    deterioration through the aging process or loss of motor 
5
    skills, mental illness, or disability, that results in the 
6
    inability to practice the profession with reasonable 
7
    judgment, skill, or safety.
8
    (c) The determination by a circuit court that a licensee is 
9
subject to involuntary admission or judicial admission as 
10
provided in the Mental Health and Developmental Disabilities 
11
Code operates as an automatic suspension. The suspension shall 
12
end only upon a finding by a court that the patient is no 
13
longer subject to involuntary admission or judicial admission 
14
and issues an order so finding and discharging the patient and 
15
upon the recommendation of the Board to the Secretary that the 
16
licensee be allowed to resume his or her practice. 
17
    (d) The Department may refuse to issue a license  or may 
18
suspend the license of any person who fails to file a return, 
19
to pay the tax, penalty,  or interest shown in a filed return, 
20
or to pay any final assessment of the tax, penalty, or interest 
21
as required by any tax Act administered by the Department of 
22
Revenue, until such time as the requirements of any such tax 
23
Act are satisfied. 
24
    (e) In enforcing this Section, the Department or Board, 
25
upon a showing of a possible violation, may compel an 
26
individual who is  licensed to practice under this Act or who 
 


 






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1
has applied for licensure under this Act to submit to a mental 
2
or physical examination or both as required by and at the 
3
expense of the Department. The Department or Board may order 
4
the examining physician to present testimony concerning the 
5
mental or physical examination of the licensee or applicant. No 
6
information shall be excluded by reason of any common law or 
7
statutory privilege relating to communications between the 
8
licensee or applicant and the examining physician. The 
9
examining physician shall be specifically designated by the 
10
Board or Department. The individual to be examined may have, at 
11
his or her own expense, another physician of his or her choice 
12
present during all aspects of this examination. Failure of an 
13
individual to submit to a mental or physical examination, when 
14
directed, shall be grounds for automatic suspension of his or 
15
her license until the individual submits to the examination. 
16
All substance-related  violations shall mandate an automatic 
17
substance abuse assessment.  Failure to submit to an assessment 
18
by a licensed physician who is certified as an addictionist or 
19
an advanced practice nurse with specialty certification in 
20
addictions  may be grounds for an automatic suspension, as 
21
defined in rules.
22
    If the Department or Board finds an individual unable to 
23
practice or unfit for duty because of the reasons set forth in 
24
this Section, the Department or Board may require that the 
25
individual submit to a substance abuse evaluation or treatment 
26
by individuals or programs  approved or designated by the 
 


 






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Department or Board as a condition, term, or restriction for 
2
continued, reinstated, or renewed licensure to practice; or, in 
3
lieu of evaluation or treatment, the Department may file or the 
4
Board may recommend to the Department to file a complaint to 
5
immediately suspend, revoke, or otherwise discipline the 
6
license of the individual. An individual whose license was 
7
granted, continued, reinstated, renewed, disciplined, or 
8
supervised, subject to such terms, conditions, or 
9
restrictions, and who fails to comply with such terms, 
10
conditions, or restrictions shall be referred to the Secretary 
11
for a determination as to whether the individual shall have his 
12
or her license suspended immediately, pending a hearing by the 
13
Department.
14
    In instances in which the Secretary immediately suspends a 
15
person's license under this Section, a hearing on that person's 
16
license must be convened by the Department within 15  days after 
17
the suspension and completed without appreciable delay. The 
18
Department and Board shall have the authority to review the 
19
subject individual's record of treatment and counseling 
20
regarding the impairment to the extent permitted by applicable 
21
federal statutes and regulations safeguarding the 
22
confidentiality of medical records. 
23
    An individual licensed under this Act and affected under 
24
this Section shall be afforded an opportunity to demonstrate to 
25
the Department or Board that he or she can resume practice in 
26
compliance with nursing standards under the provisions of his 
 


 






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1
or her license.
 
2
    Section 20-10. Intoxication and drug abuse.  
3
    (a) Any nurse who has knowledge of any action or condition 
4
that  reasonably indicates that a registered professional nurse 
5
or licensed practical nurse is impaired due to the use of 
6
alcohol or  mood-altering drugs to the extent that such 
7
impairment adversely affects such nurse's professional 
8
performance or unlawfully possesses, uses, distributes, or 
9
converts  mood-altering drugs belonging to the place of 
10
employment shall report this individual to the Department or 
11
designee of the Department. Any nurse participating in 
12
mandatory reporting to the Department under this Section or in 
13
good faith assisting another person in making such a report 
14
shall have immunity from any liability, either criminal or 
15
civil, that might result by reason of such action. 
16
    (b) Nurses may initiate self-referral to a Nursing  
17
Assistance Program and their identity shall remain 
18
confidential with no disciplinary action taken against them as 
19
long as they comply with the Department or designee-approved 
20
program.
21
    (c) Each year on March 1, commencing with the effective 
22
date of this Act, the Department shall submit a report to the 
23
General Assembly. The report shall include the number of 
24
reports made under this Section to the Department during the 
25
previous year, the number of reports reviewed and found 
 


 






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1
insufficient to warrant further investigation, the number of 
2
reports not completed, and the reasons for incompletion. This 
3
report shall also  be made available to nurses requesting the 
4
report. 
5
    (d) Any person making a report under this Section or in 
6
good faith assisting another person in making such a report 
7
shall have immunity from any liability, either criminal or 
8
civil, that might result by reason of such action. For the 
9
purpose of any legal proceeding, criminal or civil, there shall 
10
be a rebuttable presumption that any person making a report 
11
under this Section or assisting another person in making such 
12
report was acting in good faith. All such reports and any 
13
information disclosed to or collected by the Department 
14
pursuant to this Section shall remain confidential records of 
15
the Department and shall not be disclosed nor be subject to any 
16
law or rule  of this State relating to freedom of information or 
17
public disclosure of records. 
 
18
    Section 20-15. Duty to report by others. 
19
    (a) Employers of registered professional nurses, licensed 
20
practical or vocational nurses, or advanced practice nurses 
21
shall report to the Board the names of any licensee or 
22
applicant for nursing licensure whose employment has been 
23
terminated or who has resigned in order to avoid termination 
24
for any reasons stipulated as follows:
25
        (1) Failure to demonstrate the qualifications or 
 


 






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1
    satisfy the requirements for licensure contained in this 
2
    Act.
3
        (2) Convictions by a court or entry of an Alford plea 
4
    or a nolo contendere plea to a crime in any jurisdiction 
5
    that relates adversely to the practice of nursing or to the 
6
    ability to practice nursing.
7
        (3) Employing fraud or deceit in procuring or 
8
    attempting to procure a license to practice nursing, in 
9
    filing any reports or completing patient records, in 
10
    representation of self to board or public, in 
11
    authenticating any report or records in the nurse's 
12
    capacity as a registered professional nurse, licensed 
13
    practical or vocational nurse, or advanced practice nurse, 
14
    or in submitting any information or record to the Board.
15
        (4) Unethical conduct, including, but not limited to, 
16
    conduct likely to deceive, defraud, or harm the public, or 
17
    demonstrating a willful or careless disregard for the 
18
    health or safety of a patient.  Actual injury need not be 
19
    established.
20
        (5) A nurse's license to practice nursing or a 
21
    multi-state practice privilege or another professional 
22
    license or other credential has been denied, revoked, 
23
    suspended, restricted, or otherwise disciplined in this or 
24
    any other state.
25
        (6) Actions or conduct, including, but not limited to:
26
            (A) Failure or inability to perform professional  
 


 






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1
        nursing, practical or vocational nursing, or advanced 
2
        practice nursing, as defined in this Act, with 
3
        reasonable skill and safety.
4
            (B) Unprofessional conduct, including, but not 
5
        limited to:
6
                (i) A departure from or failure to conform to 
7
            nursing standards.
8
                (ii) Improper management of patient records.
9
                (iii) Delegating or accepting the delegation 
10
            of a nursing function or a prescribed health 
11
            function when the delegation or acceptance could 
12
            reasonably be expected to result in unsafe or 
13
            ineffective patient care.
14
                (iv) Failure to supervise the performance of 
15
            acts by any individual working at the nurse's 
16
            delegation or assignment.
17
                (v) Failure of a clinical nursing instructor 
18
            to supervise student experiences.
19
            (C) Failure of a chief nurse executive to follow 
20
        appropriate and recognized standards and guidelines in 
21
        providing oversight of the nursing organization and 
22
        nursing services of a health care delivery system.
23
            (D) Failure to practice within a modified scope of 
24
        practice or with the required accommodations of any 
25
        stipulated agreement with the board or employer.
26
            (E) Conduct or any nursing practice that may create 
 


 






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1
        unnecessary danger to a patient's life, health, or 
2
        safety.  Actual injury to a patient need not be 
3
        established.
4
            (F) Demonstration of actual or potential inability 
5
        to practice nursing with reasonable skill and safety to 
6
        patients by reason of illness; use of alcohol, drugs, 
7
        chemicals, or any other material; or as a result of any 
8
        mental or physical conditions.
9
        (7) Actions of misconduct, including without 
10
    limitation:
11
            (A) Falsifying reports, patient documentation, 
12
        agency records, or other essential health documents.
13
            (B) Failure to cooperate with a lawful 
14
        investigation conducted by the Board.
15
            (C) Failure to maintain professional boundaries 
16
        with patients and or patient family members.
17
            (D) Use of excessive force upon or mistreatment or 
18
        abuse of any patient.
19
            (E) Engaging in sexual conduct with a patient, 
20
        touching a patient in a sexual manner, requesting or 
21
        offering sexual favors, or language or behavior 
22
        suggestive of the same.
23
            (F) Threatening or violent behavior in the 
24
        workplace.
25
        (8) Diversion or attempts to divert drugs or controlled 
26
    substances from the workplace.
 


 






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        (9) Failure of a participant of an alternative (to 
2
    discipline) program to comply with terms of his or her 
3
    alternative program agreement.
4
        (10) Other drug related actions or conduct that 
5
    include, but are not limited to:
6
            (A) Use of any controlled substance or any drug or 
7
        device or alcoholic beverage to an extent or in a 
8
        manner dangerous or injurious to himself or herself, 
9
        any other person, or the public or to the extent that 
10
        such use may impair his or her ability to conduct with 
11
        safety to the public the practice authorized by his or 
12
        her license.
13
            (B) Falsification of or making incorrect, 
14
        inconsistent, or unintelligible entries in any agency, 
15
        patient, or other record pertaining to drugs or 
16
        controlled substances.
17
            (C) A positive drug screen for which there is no 
18
        lawful prescription.
19
        (11) Unlawful practice or actions, including without 
20
    limitation:
21
            (A) Knowingly aiding, assisting, advising, or 
22
        allowing an unlicensed person to engage in the unlawful 
23
        practice of professional or practical nursing.
24
            (B) Violating a rule adopted by the Board, an order 
25
        of the Board, or a State or federal law relating to the 
26
        practice of professional or practical nursing or a 
 


 






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        state or federal narcotics or controlled substance 
2
        law.
3
            (C) Practicing beyond the scope of practice as 
4
        stated in this Act.
5
            (D) Failing to report violations of this Act.
 
6
    Section 20-20. Disciplinary and non-disciplinary options 
7
for the impaired nurse. 
8
    (a)  There are 3 options to assist the chemically dependent 
9
nurse that will assist him or her in receiving treatment and 
10
will remain confidential and  will not result in disciplinary 
11
action by the Board or Department.
12
        (1)  An individual can self-report to a Board-approved  
13
    Nursing Assistance Program. The program shall identify 
14
    these nurses by number to ensure anonymity and shall 
15
    provide a report to the Department regarding their progress 
16
    on a monthly basis.  Nurses who are non-compliant with the 
17
    program or any nurse that the staff at the Nursing   
18
    Assistance Program believes may be a risk to the public 
19
    shall be reported by name to the Department.
20
        (2)  An individual may  enroll in a Board-approved 
21
    Employee Assistance Program through their employer.
22
        (3) An individual may  enroll in the Department's Care, 
23
    Counseling and Treatment (CCT) program through the 
24
    Department.
25
    (b)  For reports filed through the Department Complaint 
 


 






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Intake department by self, employer, co-worker or other, the 
2
following measures shall be taken:
3
        (1) Immediately, after the complaint is filed, the 
4
    newly created file shall be directly assigned to the lead 
5
    investigator at the Department, who has 10 business days to 
6
    initiate contact with the complainant and nurse 
7
    respondent.
8
        (2) The investigator shall contact the complainant and 
9
    determine whether a complaint exists, the severity of the 
10
    complaint, and whether the individual qualifies for the CCT 
11
    program.
12
        (3) The investigator shall then contact the nurse 
13
    respondent (in person or by phone) explaining the 
14
    allegations and offering enrollment in CCT.
15
        (4) The respondent may  enroll in CCT immediately or 
16
    within 10 business days.  It is the responsibility of the 
17
    respondent to make an appointment to meet with an attorney 
18
    at the Department to discuss the CCT program.
19
        (5) If he or she wishes to enroll in the program, he or 
20
    she shall indicate his or her willingness to voluntarily 
21
    participate by signing the CCT agreement.  After 10 business 
22
    days the respondent waives his or her rights to be eligible 
23
    for CCT and a formal investigation is initiated. 
24
    (b)  An individual is eligible for the CCT program if he or 
25
she meets the following criteria:
26
        (1) Is a registered professional nurse or licensed 
 


 






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    practical nurse either eligible for or holding an Illinois 
2
    nursing license or a person holding a temporary license in 
3
    Illinois.
4
        (2)  Voluntarily requests admission to the CCT program 
5
    prior to the initiation of an investigation.
6
        (3)  Is currently enrolled in a peer assistance or 
7
    diversion program and is requesting endorsement from 
8
    another state.
9
        (4)  Acknowledges abusing drugs or alcohol.
10
        (5)  May have had previous disciplinary action for 
11
    chemical dependency by any  state board, but none within the 
12
    last 10 years.
13
        (6)  Has not been terminated, due to noncompliance, from 
14
    any peer assistance or diversion program by any state board 
15
    within the last 10 years.
16
        (7) Has not altered patient records and has no nursing 
17
    practice problems involving death or significant harm to a 
18
    patient.
19
        (8) Has not engaged in the taking of chemicals or 
20
    substances for the purpose of sale or distribution.
21
        (9) Has not engaged in the diversion,  procurement, or 
22
    distribution of chemicals, potential components, or 
23
    supplies that could result in the manufacture or use of 
24
    illegal substances.
25
    If the respondent does not qualify for CCT or fails to sign 
26
the CCT agreement in 10 business days, the Department shall 
 


 






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then  initiate a formal investigation and the respondent is 
2
scheduled for an informal conference with a member of the 
3
Board.
4
    (c) If an individual denies the accusations, he or she has 
5
30 days to be evaluated by a physician who is certified in 
6
addictions from an approved list of the Board.  If he or she is 
7
found to be chemically dependent, he or she shall then proceed 
8
to an informal hearing with the Board.
 
9
    Section 20-25. Reports relating to professional conduct 
10
and capacity. 
11
    (a) The chief  administrator or executive officer of a 
12
health care institution licensed by the Department of Public 
13
Health, which provides the minimum due process set forth in 
14
Section 10.4 of the Hospital Licensing Act, shall report to the 
15
Board when a licensee's organized professional staff clinical 
16
privileges are terminated or are restricted based on a final 
17
determination, in accordance with that institution's bylaws or 
18
rules, that (i) a person has either committed an act or acts 
19
that may directly threaten patient care and that are not of an 
20
administrative nature or (ii) that a person may be mentally or 
21
physically disabled in a manner that may endanger patients 
22
under that person's care. The chief administrator or officer 
23
shall also report if a licensee accepts voluntary termination 
24
or restriction of clinical privileges in lieu of formal action 
25
based upon conduct related directly to patient care and not of 
 


 






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an administrative nature or in lieu of formal action seeking to 
2
determine whether a person may be mentally or physically 
3
disabled in a manner that may endanger patients under that 
4
person's care. The Board shall provide by rule for the 
5
reporting to it of all instances in which a person licensed 
6
under this Act who is impaired by reason of age, drug, or 
7
alcohol abuse or physical or mental impairment, is under 
8
supervision, and, where appropriate, is in a program of 
9
rehabilitation. Reports submitted under this subsection (a) 
10
shall be strictly confidential and may be reviewed and 
11
considered only by the members of the Board or authorized staff 
12
as provided by rule of the Board. Provisions shall be made for 
13
the periodic report of the status of any such reported person 
14
not less than twice annually in order that the Board shall have 
15
current information upon which to determine the status of that 
16
person. Initial and periodic reports of impaired advanced 
17
practice nurses shall not be considered records within the 
18
meaning of the State Records Act and shall be disposed of, 
19
following a determination by the Board that such reports are no 
20
longer required, in a manner and at an appropriate time as the 
21
Board shall determine by rule. The filing of reports submitted 
22
under this subsection (a)  shall be construed as the filing of a 
23
report for purposes of subsection (c) of this Section. 
24
    The President or chief executive officer of an association 
25
or society of persons licensed under this Act, operating within 
26
this State, shall report to the Board when the association or 
 


 






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society renders a final determination that a person licensed 
2
under this Act has committed unprofessional conduct related 
3
directly to patient care or that a person may be mentally or 
4
physically disabled in a manner that may endanger patients 
5
under the person's care. 
6
    Every  insurance company that offers policies of 
7
professional liability insurance to persons licensed under 
8
this Act or any other entity that seeks to indemnify the 
9
professional liability of a person licensed under this Act 
10
shall report to the Board the settlement of any claim or cause 
11
of action or final judgment rendered in any cause of action 
12
that alleged negligence in the furnishing of patient care by 
13
the licensee when the settlement or final judgment is in favor 
14
of the plaintiff. 
15
    The State's Attorney of each county shall report to the 
16
Board all instances in which a person licensed under this Act 
17
is convicted or otherwise found guilty of the commission of a 
18
felony.
19
    All agencies, boards,  commissions, departments, or other 
20
instrumentalities of the government of this State shall report 
21
to the Board any instance arising in connection with the 
22
operations of the agency, including the administration of any 
23
law by the agency, in which a person licensed under this Act 
24
has either committed an act or acts that may constitute a 
25
violation of this Act, that may constitute unprofessional 
26
conduct related directly to patient care, or that indicates 
 


 






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that a person licensed under this Act may be mentally or 
2
physically disabled in a manner that may endanger patients 
3
under that person's care. 
4
    (b) All reports required under items (8) and (9) of 
5
subsection (a) of Section 10-140 of this Act  and under this 
6
Section shall be submitted to the Board in a timely fashion. 
7
The reports shall be filed in writing within 60 days after a 
8
determination that a report is required under this Act. All 
9
reports shall contain the following information: 
10
        (1) The name, address, and telephone number of the  
11
    person making the report. 
12
        (2) The name, address, and telephone number of the  
13
    person who is the subject of the report.
14
        (3) The name or other means of identification of any  
15
    patient or patients whose treatment is a subject of the 
16
    report, except that no medical records may be revealed 
17
    without the written consent of the patient or patients. 
18
        (4) A brief description of the facts that gave rise  to 
19
    the issuance of the report, including, but not limited to, 
20
    the dates of any occurrences deemed to necessitate the 
21
    filing of the report. 
22
        (5) If court action is involved, the identity of the  
23
    court in which the action is filed, the docket number, and 
24
    date of filing of the action. 
25
        (6) Any further pertinent information that the  
26
    reporting party deems to be an aid in the evaluation of the 
 


 






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    report. 
2
    Nothing contained in this Section shall be construed to in 
3
any way waive or modify the confidentiality of medical reports 
4
and committee reports to the extent provided by law. Any 
5
information reported or disclosed shall be kept for the 
6
confidential use of the Board, the Board's attorneys, the 
7
investigative staff, and authorized clerical staff and shall be 
8
afforded the same status as is provided information concerning 
9
medical studies in Part 21 of Article VIII of the Code of Civil 
10
Procedure. 
11
    (c) An individual or organization acting in good faith and 
12
not in a willful and wanton manner in complying with this Act 
13
by providing a report or other information to the Board, by 
14
assisting in the investigation or preparation of a report or 
15
information, by participating in proceedings of the Board, or 
16
by serving as a member of the Board shall not, as a result of 
17
such actions, be subject to criminal prosecution or civil 
18
damages. 
19
    (d) Members of the Board, the Board's attorneys, the 
20
investigative staff, advanced practice nurses or physicians 
21
retained under contract to assist and advise in the 
22
investigation, and authorized clerical staff shall be 
23
indemnified by the State for any actions (i) occurring within 
24
the scope of services on the Board, (ii) performed in good 
25
faith, and (iii) not willful or wanton in nature. The Attorney 
26
General shall defend all actions taken against those persons 
 


 






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1
unless he or she determines either that there would be a 
2
conflict of interest in the representation or that the actions 
3
complained of were not performed in good faith or were willful 
4
and   wanton in nature. If the Attorney General declines 
5
representation, the member shall have the right to employ 
6
counsel of his or her choice, whose fees shall be provided by 
7
the State, after approval by the Attorney General, unless there 
8
is a determination by a court that the member's actions were 
9
not performed in good faith or were willful or  wanton in 
10
nature. The member shall notify the Attorney General within 7 
11
days after  receipt of notice of the initiation of an action 
12
involving services of the Board. Failure to so notify the 
13
Attorney General shall constitute an absolute waiver of the 
14
right to a defense and indemnification. The Attorney General 
15
shall determine within 7 days after receiving the notice 
16
whether he or she will undertake to represent the member. 
17
    (e) Upon the receipt of a report called for by this Act, 
18
other than those reports of impaired persons licensed under 
19
this Act required pursuant to the rules of the Board, the Board 
20
shall notify in writing by certified mail the person who is the 
21
subject of the report. The notification shall be made within 30 
22
days after  receipt by the Board of the report. The notification 
23
shall include a written notice setting forth the person's right 
24
to examine the report. Included in the notification shall be 
25
the address at which the file is maintained, the name of the 
26
custodian of the reports, and the telephone number at which the 
 


 






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custodian may be reached. The person who is the subject of the 
2
report shall submit a written statement responding to, 
3
clarifying, adding to, or proposing to amend the report 
4
previously filed. The statement shall become a permanent part 
5
of the file and shall be received by the Board no more than 30 
6
days after the date on which the person was notified of the 
7
existence of the original report. The Board shall review all 
8
reports received by it and any supporting information and 
9
responding statements submitted by persons who are the subject 
10
of reports. The review by the Board shall be in a timely 
11
manner, but in no event shall the Board's initial review of the 
12
material contained in each disciplinary file be less than 61 
13
days nor more than 180 days after the receipt of the initial 
14
report by the Board. When the Board makes its initial review of 
15
the materials contained within its disciplinary files, the 
16
Board shall, in writing, make a determination as to whether 
17
there are sufficient facts to warrant further investigation or 
18
action. Failure to make that determination within the time 
19
provided shall be deemed to be a determination that there are 
20
not sufficient facts to warrant further investigation or 
21
action. Should the Board find that there are not sufficient 
22
facts to warrant further investigation or action, the report 
23
shall be accepted for filing and the matter shall be deemed 
24
closed and so reported. The individual or entity filing the 
25
original report or complaint and the person who is the subject 
26
of the report or complaint shall be notified in writing by the 
 


 






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Board of any final action on their report or complaint. 
2
    (f) The Board shall prepare, on a timely basis, but in no 
3
event less than one every other month, a summary report of 
4
final actions taken upon disciplinary files maintained by the 
5
Board. The summary reports shall be sent by the Board to every 
6
health care facility licensed by the Department of Public 
7
Health, every professional association and society of persons 
8
licensed under this Act functioning on a statewide basis in 
9
this State, all insurers providing professional liability 
10
insurance to persons licensed under this Act in this State, and 
11
the Illinois Pharmacists Association. 
12
    (g) Any violation of this Section shall constitute a Class 
13
A misdemeanor.
14
    (h) If a person violates the provisions of this Section, an 
15
action may be brought in the name of the People of the State of 
16
Illinois, through the Attorney General of the State of 
17
Illinois, for an order enjoining the violation or for an order 
18
enforcing compliance with this Section. Upon filing of a 
19
verified petition in court, the court may issue a temporary 
20
restraining order without notice or bond and may preliminarily 
21
or permanently enjoin the violation, and if it is established 
22
that the person has violated or is violating the injunction, 
23
the court may punish the offender for contempt of court. 
24
Proceedings under this subsection (h)  shall be in addition to 
25
and not in lieu of all other remedies and penalties provided 
26
for by this Section. 
 
 


 






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    Section 20-30. Returned checks; fines.  Any person who 
2
delivers a check or other payment to the Department that is 
3
returned to the Department unpaid by the financial institution 
4
upon which it is drawn shall pay to the Department, in addition 
5
to the amount already owed to the Department, a fine of $50. 
6
The fines imposed by this Section are in addition to any other 
7
discipline provided under this Act for unlicensed practice or 
8
practice on a nonrenewed license. The Department shall notify 
9
the person that payment of fees and fines shall be paid to the 
10
Department by certified check or money order within 30 calendar 
11
days after  the notification. If, after the expiration of 30 
12
days from the date of the notification, the person has failed 
13
to submit the necessary remittance, the Department shall 
14
automatically terminate the license or deny the application, 
15
without hearing. If, after termination or denial, the person 
16
seeks a license, he or she shall apply to the Department for 
17
restoration or issuance of the license and pay all fees and 
18
fines due to the Department. The Department may establish a fee 
19
for the processing of an application for restoration of a 
20
license to pay all expenses of processing this application. The 
21
Secretary may waive the fines due under this Section in 
22
individual cases where the Secretary finds that the fines would 
23
be unreasonable or unnecessarily burdensome. 
 
24
    Section 20-35. Roster.  The Department shall maintain a 
 


 






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1
roster of the names and addresses of all licensees and of all 
2
persons whose licenses have been suspended or revoked. The 
3
Department shall remove from public access the indication for 
4
discipline for first-time offenders who petition the 
5
Department  5 years after successful completion of the terms and 
6
conditions of the discipline. This roster shall be available 
7
upon written request and payment of the required fees. 
 
8
    Section 20-40. Licensure requirements; Internet site.  The 
9
Department shall make available to the public the requirements 
10
for licensure in English and Spanish on the Internet through 
11
the Department's World Wide Web site. This information shall 
12
include the requirements for licensure of individuals 
13
currently residing in another state or territory of the United 
14
States or a foreign country, territory, or province. The 
15
Department shall establish an e-mail link to the Department for 
16
information on the requirements for licensure, with replies 
17
available in English and Spanish. 
 
18
    Section 20-45. Educational resources; Internet link.  The 
19
Department shall work with the Board, the Board of Higher 
20
Education, the Illinois Student Assistance Commission, 
21
Statewide organizations, and community-based organizations to 
22
develop a list of Department-approved nursing programs and 
23
other educational resources related to the Test of English as a 
24
Foreign Language. The Department shall provide a link to a list 
 


 






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1
of these resources, in English and Spanish, on the Department's 
2
World Wide Web site. 
 
3
    Section 20-50. Fees.  
4
    (a) The Department shall provide by rule for a schedule of 
5
fees to be paid for licenses by all applicants.
6
    (b) Except as provided in subsection (c) of this Section, 
7
the fees for the administration and enforcement of this Act, 
8
including, but not limited to, original licensure, renewal, and 
9
restoration, shall be set by rule. The fees shall not be 
10
refundable. 
11
    (c) In addition, applicants for any examination as a 
12
registered professional nurse or a licensed practical nurse 
13
shall be required to pay, either to the Department or to the 
14
designated testing service, a fee covering the cost of 
15
providing the examination. Failure to appear for the 
16
examination on the scheduled date, at the time and place 
17
specified, after the applicant's application for examination 
18
has been received and acknowledged by the Department or the 
19
designated testing service, shall result in the forfeiture of 
20
the examination fee. 
 
21
    Section 20-55. Fund. 
22
    (a)  There is hereby created within the State treasury the 
23
Nursing Dedicated and Professional Fund. The moneys  in the Fund 
24
may be used by and at the direction of the Department for the 
 


 






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administration and enforcement of this Act, including, but not 
2
limited to: 
3
        (1) Distribution and publication of the Nurse Practice 
4
    Act and the rules at the time of renewal to all persons 
5
    licensed by the Department under this Act. 
6
        (2) Employment of secretarial, nursing, 
7
    administrative, enforcement, and other staff for the 
8
    administration of this Act. 
9
        (3) Conducting a survey, as prescribed by rule of the 
10
    Department, once every 4 years during the license renewal 
11
    period.
12
        (4) Conducting training seminars for licensees under 
13
    this Act relating to the obligations, responsibilities, 
14
    enforcement, and other provisions of the Act and its rules. 
15
    (b) Disposition of fees:
16
        (1) $5 of every licensure fee shall be placed in a fund 
17
    for assistance to nurses enrolled in a diversionary 
18
    program.  This does not include nurses enrolled in employee 
19
    assistance programs. 
20
        (2) All of the fees and fines collected
         pursuant to 
21
    this Act shall be deposited in the Nursing Dedicated and 
22
    Professional Fund.

23
        (3) Each fiscal year, the moneys deposited in the 
24
    Nursing Dedicated and Professional Fund shall be 
25
    appropriated to the Department for expenses of the 
26
    Department and the Board in the administration of this Act. 
 


 






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    All earnings received from investment of moneys in the 
2
    Nursing Dedicated and Professional Fund shall be deposited 
3
    in the Nursing Dedicated and Professional Fund and shall be 
4
    used for the same purposes as fees deposited in the Fund. 
5
        (4) Each fiscal year, $1,200,000 of the moneys 
6
    deposited in the Nursing Dedicated and Professional Fund 
7
    each year shall be set aside and appropriated to the 
8
    Department of Public Health for nursing scholarships 
9
    awarded pursuant to the Nursing Education Scholarship Law. 
10
    Representatives of the Department and the Nursing 
11
    Education Scholarship Program Advisory Council shall 
12
    review this requirement and the scholarship awards every 2 
13
    years. 
14
        (5) Moneys in the Fund may be transferred to the 
15
    Professions Indirect Cost Fund as authorized under Section 
16
    2105-300 of the Department of Professional Regulation Law 
17
    (20 ILCS 2105/2105-300).
18
    (c) Moneys set aside for nursing scholarships awarded  
19
pursuant to the Nursing Education Scholarship Law as provided 
20
in item (4) of subsection (b) of this Section may not be 
21
transferred under Section 8h of the State Finance Act.
 
22
    Section 20-60. Limitation on action.  All proceedings to 
23
suspend, revoke, or take any other disciplinary action as the 
24
Department may deem proper, with regard to a license, on any of 
25
the grounds under Section 20-5 of this Act may not be commenced 
 


 






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1
later than 3 years next after the commission of any act which 
2
is a ground for discipline or a final conviction order for any 
3
of the acts described. In the event of the settlement of any 
4
claim or cause of action in favor of the claimant or the 
5
reduction to final judgment of any civil action in favor of the 
6
plaintiff, such claim, cause of action, or civil action being 
7
grounded  on the allegation that a person licensed under this 
8
Act was negligent in providing care, the Department shall have 
9
an additional period of one year from the date of such 
10
settlement or final judgment in which to investigate and 
11
commence formal disciplinary proceedings under this Act, 
12
except as otherwise provided by law. The time during which the 
13
holder of the license was outside the State of Illinois shall 
14
not be included within any period of time limiting the 
15
commencement of disciplinary action by the Board. 
 
16
    Section 20-65. Suspension for imminent danger.  The 
17
Secretary of the Department may, upon receipt of a written 
18
communication from the Secretary of Human Services, the 
19
Director of Healthcare and Family Services, or the Director  of 
20
Public Health that continuation of practice of a person 
21
licensed under this Act constitutes an immediate danger to the 
22
public, immediately suspend the license of such person without 
23
a hearing. In instances in which the Secretary immediately 
24
suspends a license under this Section, a hearing upon such 
25
person's license must be convened by the Department within 30 
 


 






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days after such suspension and completed without appreciable 
2
delay, such hearing held to determine whether to recommend to 
3
the Secretary that the person's license be revoked, suspended, 
4
placed on probationary status, or reinstated or such person be 
5
subject to other disciplinary action. In such a  hearing, the 
6
written communication and any other evidence submitted 
7
therewith may be introduced as evidence against such person,  
8
provided that  the person or his or her counsel shall have the 
9
opportunity to discredit or impeach and submit evidence 
10
rebutting such evidence. 
 
11
    Section 20-70. Liability of State.  In the event that the 
12
Department's order of revocation, suspension, placing the 
13
licensee on probationary status, or other order of formal 
14
disciplinary action is without any reasonable basis, then the 
15
State of Illinois shall be liable to the injured party for 
16
those special damages suffered as a direct result of such 
17
order. 
 
18
    Section 20-75. Right to legal counsel.  No action of a 
19
disciplinary nature that is predicated on charges alleging 
20
unethical or unprofessional conduct of a person who is a 
21
registered professional nurse or a licensed practical nurse and 
22
that can be reasonably expected to affect adversely that 
23
person's maintenance of his or her present or his or her 
24
securing of future employment as such a nurse may be taken by 
 


 






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the Department, by any association, or by any person unless the 
2
person against whom such charges are made is afforded the right 
3
to be represented by legal counsel of his or her choosing and 
4
to present any witness, whether an attorney or otherwise, to 
5
testify on matters relevant to such charges. 
 
6
    Section 20-80. Injunctive remedies. 
7
    (a) If any person violates the provision of this Act, the 
8
Secretary may, in the name of the People of the State of 
9
Illinois, through the Attorney General of the State of 
10
Illinois, or the State's Attorney of any county in which the 
11
action is brought, petition for an order enjoining such 
12
violation or for an order enforcing compliance with this Act. 
13
Upon the filing of a verified petition in court, the court may 
14
issue a temporary restraining order, without notice or bond, 
15
and may preliminarily and permanently enjoin such violation, 
16
and if it is established that such person has violated or is 
17
violating the injunction, the court may punish the offender for 
18
contempt of court. Proceedings under this Section shall be in 
19
addition to and not in lieu of all other remedies and penalties 
20
provided by this Act.
21
    (b) If any person shall practice as a nurse or hold herself 
22
or himself out as a nurse without being licensed under the 
23
provisions of this Act, then any licensed nurse, any interested 
24
party, or any person injured thereby may, in addition to the 
25
Secretary, petition for relief as provided in subsection (a) of 
 


 






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this Section.
2
    Whoever knowingly practices or offers to practice nursing 
3
in this State without a license for that purpose shall be 
4
guilty of a Class A misdemeanor and for each subsequent 
5
conviction shall be guilty of a Class 4 felony. All criminal 
6
fines, moneys, or other property collected or received by the 
7
Department under this Section or any other State or federal 
8
statute, including, but not limited to, property forfeited to 
9
the Department under Section 505 of the Illinois Controlled 
10
Substances Act or Section 85 of the Methamphetamine Control and 
11
Community Protection Act, shall be deposited into the 
12
Professional Regulation Evidence Fund. 
13
    (c) Whenever in the opinion of the Department any person 
14
violates any provision of this Act, the Department may issue a 
15
rule to show cause why an order to cease and desist should not 
16
be entered against him or her. The rule shall clearly set forth 
17
the grounds relied upon by the Department and shall provide a 
18
period of 7 days from the date of the rule to file an answer to 
19
the satisfaction of the Department. Failure to answer to the 
20
satisfaction of the Department shall cause an order to cease 
21
and desist to be issued forthwith.
 
22
    Section 20-85. Investigation; notice; hearing.  Prior to 
23
bringing an action before the Board, the Department may 
24
investigate the actions of any applicant or of any person or 
25
persons holding or claiming to hold a license. The Department 
 


 






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shall, before suspending, revoking, placing on probationary 
2
status, or taking any other disciplinary action as the 
3
Department may deem proper with regard to any license, at least 
4
30 days prior to the date set for the hearing, notify the 
5
accused in writing of any charges made and the time and place 
6
for a hearing of the charges before the Board, direct him or 
7
her to file a written answer thereto to the Board under oath 
8
within 20 days after the service of such notice, and inform the 
9
licensee that if she or he fails to file such answer, default 
10
will be taken against the licensee and such license may be 
11
suspended, revoked, placed on probationary status, or have 
12
other disciplinary action, including limiting the scope, 
13
nature, or extent of his or her practice, as the Department may 
14
deem proper taken with regard thereto. Such written notice may 
15
be served by personal delivery or certified or registered mail 
16
to the respondent at the address of his or her last 
17
notification to the Department. At the time and place fixed in 
18
the notice, the Department shall proceed to hear the charges 
19
and the parties or their counsel shall be accorded ample 
20
opportunity to present such statements, testimony, evidence, 
21
and argument as may be pertinent to the charges or to the 
22
defense to the charges. The Department may continue a hearing 
23
from time to time. In case the accused person, after receiving 
24
notice, fails to file an answer, his or her license may in the 
25
discretion of the Secretary, having received first the 
26
recommendation of the Board, be suspended, revoked, or  placed 
 


 






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on probationary status  or the Secretary may take whatever 
2
disciplinary action as he or she may deem proper, including 
3
limiting the scope, nature, or extent of said person's 
4
practice, without a hearing, if the act or acts charged 
5
constitute sufficient grounds for such action under this Act. 
 
6
    Section 20-90. Stenographer; transcript.  The Department, 
7
at its expense, shall provide a stenographer to take down the 
8
testimony and preserve a record of all proceedings at the 
9
hearing of any case wherein any disciplinary action is taken 
10
regarding a license. The notice of hearing, complaint, and all 
11
other documents in the nature of pleadings and written motions 
12
filed in the proceedings, the transcript of testimony, the 
13
report of the Board, and the orders of the Department shall be 
14
the record of the proceedings. The Department shall furnish a 
15
transcript of the record to any person interested in the 
16
hearing upon payment of the fee required under Section 2105-115 
17
of the Department of Professional Regulation Law (20 ILCS 
18
2105/2105-115). 
 
19
    Section 20-95. Compelled testimony and production of 
20
documents.  Any circuit court may, upon application of the 
21
Department or its  designee or of the applicant or licensee 
22
against whom proceedings upon Section 20-80 of this Act are 
23
pending, enter an order requiring the attendance of witnesses 
24
and their testimony and the production of documents, papers, 
 


 






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files, books, and records in connection with any hearing or 
2
investigation. The court may compel obedience to its order by 
3
proceedings for contempt.
 
4
    Section 20-100. Subpoena power; oaths.  The Department 
5
shall have power to subpoena and bring before it any person in 
6
this State and to take testimony, either orally or by 
7
deposition or both, with the same fees and mileage and in the 
8
same manner as prescribed by law in judicial proceedings in 
9
civil cases in circuit courts of this State.
    The Secretary and 
10
any member of the Board designated by the Secretary shall each 
11
have the  power to administer oaths to witnesses at any hearing 
12
that  the Department is authorized to conduct under this Act and 
13
any other oaths required or authorized to be administered by 
14
the Department under this Act.

 
15
    Section 20-105. Board report.  At the conclusion of the 
16
hearing the Board shall present to the Secretary a written 
17
report of its findings of fact, conclusions of law, and 
18
recommendations. The report shall contain a finding whether or 
19
not the accused person violated this Act or failed to comply 
20
with the conditions required in this Act. The report shall 
21
specify the nature of the violation or failure to comply, and 
22
the Board shall make its recommendations to the Secretary.
23
    The report of findings of fact, conclusions of law, and 
24
recommendation of the Board shall be the basis for the 
 


 






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Department's order of refusal or for the granting of a license 
2
or permit unless the Secretary shall determine that the report 
3
is contrary to the manifest weight of the evidence, in which 
4
case the Secretary may issue an order in contravention of the 
5
report. The findings are not admissible in evidence against the 
6
person in a criminal prosecution brought for the violation of 
7
this Act, but the hearing and findings are not a bar to a 
8
criminal prosecution brought for the violation of this Act.
 
9
    Section 20-110. Hearing officer. The Secretary shall have 
10
the authority to appoint an attorney duly licensed to practice 
11
law in the State of Illinois to serve as the hearing officer in 
12
any action before the Board to revoke, suspend, place on 
13
probation, reprimand, fine, or take any other disciplinary 
14
action with regard to a license. The hearing officer shall have 
15
full authority to conduct the hearing. The Board shall have the 
16
right to have at least one member present at any hearing 
17
conducted by such hearing officer. There may be present at 
18
least one RN member of the Board at any such hearing or 
19
disciplinary conference. An LPN member or LPN educator may be 
20
present for hearings and disciplinary conferences of an LPN. 
21
The hearing officer shall report his or her findings and 
22
recommendations to the Board within 30 days after  the receipt 
23
of the record. The Board shall have 90 days from receipt of the 
24
report to review the report of the hearing officer and present 
25
its  findings of fact, conclusions of law, and recommendations 
 


 






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1
to the Secretary. If the Board fails to present its report 
2
within the 90-day period, the Secretary may issue an order 
3
based on the report of the hearing officer. However, if the 
4
Board does present its report within the specified 90 days, the 
5
Secretary's order shall be based upon the report of the Board.
 
6
    Section 20-115. Motion for rehearing.  In any case involving 
7
refusal to issue or  renew  or the discipline of a license, a 
8
copy of the Board's report shall be served upon the respondent 
9
by the Department, either personally or as provided in this 
10
Act, for the service of the notice of hearing. Within 20 days 
11
after such service, the respondent may present to the 
12
Department a motion in writing for a rehearing, which motion 
13
shall specify the particular grounds for a rehearing. If no 
14
motion for rehearing is filed, then upon the expiration of the 
15
time then upon such denial the Secretary may enter an order in 
16
accordance with recommendations of the Board, except as 
17
provided in Sections 20-100 and 20-105 of this Act. If the 
18
respondent shall order from the reporting service and pay for a 
19
transcript of the record within the time for filing a motion 
20
for rehearing, the 20-day period within which such a motion may 
21
be filed shall commence upon the delivery of the transcript to 
22
the respondent.
 
23
    Section 20-120. Order for rehearing.  Whenever the 
24
Secretary is satisfied that substantial justice has not been 
 


 






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1
done in the revocation, suspension, or refusal to issue or 
2
renew a license, the Secretary may order a hearing by the same 
3
or another hearing officer or the Board.
 
4
    Section 20-125. Order of Secretary. An order regarding any 
5
disciplinary action or a certified copy thereof, over the seal 
6
of the Department and purporting to be signed by the Secretary, 
7
shall be prima facie evidence that:
8
        (1) the signature is the genuine signature of the 
9
    Secretary; 
10
        (2) the Secretary is duly appointed; and
11
        (3) the Board and the Board members are  to  act.
 
12
    Section 20-130. Restoration after suspension or 
13
revocation. At any time after the suspension or revocation of 
14
any license, the Department may restore it to the accused 
15
person unless, after an investigation and a hearing, the 
16
Department determines that restoration is not in the public 
17
interest.
 
18
    Section 20-135. Surrender of license.  Upon revocation or 
19
suspension of any license, the licensee shall forthwith 
20
surrender the license to the Department, and if the licensee 
21
fails to do so, the Department shall have the right to seize 
22
the license. 
 
 


 






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1
    Section 20-140. Temporary suspension.  The Secretary may 
2
temporarily suspend the license of a nurse without a hearing, 
3
simultaneously with the institution of proceedings for a 
4
hearing provided for in Section 20-80 of this Act, if the 
5
Secretary finds that evidence in his or her possession 
6
indicates that continuation in practice would constitute an 
7
imminent danger to the public. In the event that the Secretary 
8
suspends, temporarily, this license without a hearing, a 
9
hearing by the Department must be held within 30 days after the 
10
suspension has occurred, and be concluded without appreciable 
11
delay.
12
    Proceedings for judicial review shall be commenced in the 
13
circuit court of the county in which the party applying for 
14
review resides, but if the party is not a resident of this 
15
State, the venue shall be in Sangamon County.
 
16
    Section 20-145. Administrative Review Law. All final 
17
administrative decisions of the Department hereunder shall be 
18
subject to judicial review pursuant to the provisions of the 
19
Administrative Review Law and the rules adopted pursuant 
20
thereto. The term "administrative decision" is defined as in 
21
Section 3-101 of the Code of Civil Procedure. 
 
22
    Section 20-150. Certification of record. The Department 
23
shall not be required to certify any record to the court or 
24
file any answer in court or otherwise appear in any court in a 
 


 






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1
judicial review proceeding, unless there is filed in the court, 
2
with the complaint, a receipt from the Department acknowledging 
3
payment of the costs of furnishing and certifying the record. 
4
Failure on the part of the plaintiff to file such receipt in 
5
court shall be grounds for dismissal of the action. 
 
6
    Section 20-155. Criminal penalties. Except as otherwise 
7
provided in this Act, any person who is found to have violated 
8
any provision of this Act is guilty of a Class A misdemeanor. 
9
On conviction of a second or subsequent offense, the violator 
10
shall be guilty of a Class 4 felony.
 
11
    Section 20-160. Pending actions. All disciplinary actions 
12
taken or pending pursuant to the Nursing and Advanced Practice 
13
Nursing Act  shall, for the actions taken, remain in effect and, 
14
for the actions pending, shall be continued on the effective 
15
date of this Act without having separate actions filed by the 
16
Department.
 
17
    Section 20-165. Illinois Administrative Procedure Act. The 
18
Illinois Administrative Procedure Act is hereby expressly 
19
adopted and incorporated herein as if all of the provisions of 
20
that Act were included in this Act, except that the provision 
21
of subsection (d) of Section 10-65 of the Illinois 
22
Administrative Procedure Act that provides that at hearings the 
23
licensee has the right to show compliance with all lawful 
 


 






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1
requirements for retention, continuation, or renewal of the 
2
license is specifically excluded. For the purposes of this Act, 
3
the notice required under Section 10-25 of the Illinois 
4
Administrative Procedure Act is deemed sufficient when mailed 
5
to the last known address of a party.
 
6
    Section 20-170. Home rule preemption. It is declared to be 
7
the public policy of this State, pursuant to paragraph (h) of 
8
Section 6 of Article VII of the Illinois Constitution of 1970, 
9
that any power or function set forth in this Act to be 
10
exercised by the State is an exclusive State power or function. 
11
Such power or function shall not be exercised concurrently, 
12
either directly or indirectly, by any unit of local government, 
13
including home rule units, except as otherwise provided in this 
14
Act.
 
15

ARTICLE 25.  TRANSITION PROVISIONS

 
16
    Section 25-5. Savings provisions. 
17
    (a) This Act is intended to replace the Nursing and 
18
Advanced Practice Nursing Act in all respects.
    
19
    (b) Beginning on the effective date of this Act, the 
20
rights, powers, and duties exercised by the Department of 
21
Financial and Professional Regulation  under the Nursing and 
22
Advanced Practice Nursing Act shall continue to be vested in, 
23
to be the obligation of, and to be exercised by the Department 
 


 






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1
of Financial and Professional Regulation  under the provisions 
2
of this Act.
    
3
    (c) This Act does not affect any act done, ratified, or 
4
cancelled, any right occurring or established, or any action or 
5
proceeding commenced in an administrative, civil, or criminal 
6
cause before the effective date of this Act by the Department 
7
of Financial and Professional Regulation under the Nursing and 
8
Advanced Practice Nursing Act. Those actions or proceedings may 
9
be prosecuted and continued by the Department of Financial and 
10
Professional Regulation under this Act.
    
11
    (d) This Act does not affect any license, permit, or other 
12
form of licensure issued by the Department of Financial and 
13
Professional Regulation under the Nursing and Advanced 
14
Practice Nursing Act, except as otherwise provided in this Act. 
15
All such licenses, permits, or other form of licensure shall 
16
continue to be valid under the terms and conditions of this 
17
Act.
    
18
    (e) The rules adopted by the Department of Financial and 
19
Professional Regulation relating to the Nursing and Advanced 
20
Practice Nursing Act, unless inconsistent with the provisions 
21
of this Act, are not affected by this Act, and on the effective 
22
date of this Act, those rules become rules under this Act. The 
23
Department of Financial and Professional Regulation shall, as 
24
soon as practicable, adopt new or amended rules consistent with 
25
the provisions of this Act.
    
26
    (f) This Act does not affect any discipline, suspension, or 
 


 






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1
termination that has occurred under the Nursing and Advanced 
2
Practice Nursing Act or other predecessor Act. Any action for 
3
discipline, suspension, or termination instituted under the 
4
Nursing and Advanced Practice Nursing Act shall be continued 
5
under this Act.

 
6
    Section 25-10. Nursing Dedicated and Professional Fund. 
7
     (a) The Nursing Dedicated and Professional Fund, created 
8
under the Nursing and Advanced Practice Nursing Act, is 
9
continued under this Act.
10
    (b) Appropriations to the Department of Financial and 
11
Professional Regulation  from the  Nursing Dedicated and 
12
Professional Fund for the purpose of administering the Nursing 
13
and Advanced Practice Nursing  Act may be used by the Department 
14
of Financial and Professional Regulation for the purpose of 
15
administering and enforcing the provisions of this Act.
 
16

ARTICLE 90.  AMENDATORY PROVISIONS

 
17
    Section 90-90. The Regulatory Sunset Act is amended by 
18
changing Section 4.18 and by adding Section 4.28 as follows:
 



19
    (5 ILCS 80/4.18)


20
    Sec. 4.18. Acts repealed January 1, 2008 and December 31, 
21
2008. 

22
    (a) The following Acts
are repealed on January 1, 2008:

 


 






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1
        The Acupuncture Practice Act.

2
        The Clinical Social Work and Social Work Practice Act.

3
        The Home Medical Equipment and Services Provider 
4
    License Act.

5
        The Nursing and Advanced Practice Nursing Act.

6
        The Illinois Speech-Language Pathology and Audiology 
7
    Practice Act.

8
        The Marriage and Family Therapy Licensing Act.

9
        The Nursing Home Administrators Licensing and 
10
    Disciplinary Act.

11
        The Pharmacy Practice Act of 1987.

12
        The Physician Assistant Practice Act of 1987.

13
        The Podiatric Medical Practice Act of 1987.

14
        The Structural Pest Control Act.

15
    (b) The following Acts are repealed on December 31, 2008:
16
        The Medical Practice Act of 1987.
17
        The Environmental Health Practitioner Licensing Act.

18
(Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; 
19
94-1085, eff. 1-19-07; revised 1-22-07.)

 
20
    (5 ILCS 80/4.28 new)
21
    Sec. 4.28. Act repealed on January 1, 2018. The following 
22
Act is repealed on January 1, 2018:
23
    The Nurse Practice Act.
 
24
    Section 90-95. The Mental Health and Developmental 
 


 






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1
Disabilities Administrative Act is amended  by changing Section 
2
56 as follows:
 



3
    (20 ILCS 1705/56)  (from Ch. 91 1/2, par. 100-56)


4
    Sec. 56. The Secretary, upon making a determination based

5
upon information in the possession of the Department, that

6
continuation in practice of a licensed health care professional 
7
would
constitute an immediate danger to the public, shall 
8
submit a written
communication to the Director of Professional 
9
Regulation indicating such
determination and additionally 
10
providing a complete summary of the
information upon which such 
11
determination is based, and recommending that
the Director of 
12
Professional Regulation immediately suspend such person's

13
license.  All relevant evidence, or copies thereof, in the 
14
Department's
possession may also be submitted in conjunction 
15
with the written
communication.  A copy of such written 
16
communication, which is exempt from
the copying and inspection 
17
provisions of the Freedom of Information Act,
shall at the time 
18
of submittal to the Director of Professional Regulation
be 
19
simultaneously mailed to the last known business address of 
20
such
licensed health care professional by certified or 
21
registered postage,
United States Mail, return receipt 
22
requested.  Any evidence, or copies
thereof, which is submitted 
23
in conjunction with the written communication
is also exempt 
24
from the copying and inspection provisions of the Freedom of

25
Information Act.

 


 






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1
    For the purposes of this Section, "licensed health care 
2
professional"
means any person licensed under the Illinois 
3
Dental Practice Act, the Nurse Practice Act
Nursing
and 
4
Advanced Practice Nursing Act, the Medical Practice Act of 
5
1987, the
Pharmacy Practice Act of 1987, the Podiatric Medical 
6
Practice Act of
1987, and the Illinois Optometric Practice Act 
7
of 1987.

8
(Source: P.A. 89-507, eff. 7-1-97; 90-742, eff. 8-13-98.)



 
9
    Section 90-100. The Department of Public Health Powers and 
10
Duties Law of the
Civil Administrative Code of Illinois is 
11
amended  by changing Sections 2310-140 and 2310-210 as follows:
 



12
    (20 ILCS 2310/2310-140)  (was 20 ILCS 2310/55.37a)


13
    Sec. 2310-140. Recommending suspension of licensed health 
14
care
professional.  The Director, upon making a
determination 
15
based upon information in the possession of the Department
that 
16
continuation in practice of a licensed health care professional 
17
would
constitute an immediate danger to the public, shall 
18
submit a written
communication to the Director of
Professional 
19
Regulation indicating that determination and
additionally
(i) 
20
providing a complete summary of the information upon which the

21
determination is based and (ii) recommending that the Director 
22
of
Professional
Regulation immediately suspend the person's 
23
license.  All relevant
evidence, or copies thereof, in the 
24
Department's possession may also be
submitted in conjunction 
 


 






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1
with the written communication.  A copy of the
written 
2
communication, which is exempt from the copying and inspection

3
provisions of the Freedom of Information Act, shall at the time 
4
of
submittal to the Director of
Professional Regulation be 
5
simultaneously mailed to the last known
business address of the 
6
licensed health care professional by
certified or
registered 
7
postage, United States Mail, return receipt requested.  Any

8
evidence, or copies thereof, that is submitted in conjunction

9
with the
written communication is also exempt from the copying 
10
and
inspection
provisions of the Freedom of Information Act.

11
    For the purposes of this Section, "licensed health care 
12
professional"
means any person licensed under the Illinois 
13
Dental Practice Act, the Nurse Practice Act
Nursing
and 
14
Advanced Practice Nursing Act, the Medical Practice Act of 
15
1987, the
Pharmacy Practice Act of 1987, the Podiatric Medical 
16
Practice Act of
1987, or the Illinois Optometric Practice Act 
17
of 1987.

18
(Source: P.A. 90-742, eff. 8-13-98; 91-239, eff. 1-1-00.)


 



19
    (20 ILCS 2310/2310-210)  (was 20 ILCS 2310/55.62a)


20
    Sec. 2310-210. Advisory Panel on Minority Health. 

21
    (a) In this Section:

22
    "Health profession" means any health profession regulated 
23
under the laws of
this State, including, without limitation, 
24
professions regulated under the
Illinois Athletic Trainers 
25
Practice Act, the Clinical Psychologist Licensing
Act, the 
 


 






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1
Clinical Social Work and Social Work Practice Act, the Illinois 
2
Dental
Practice Act, the Dietetic and Nutrition Services 
3
Practice Act, the Marriage
and Family Therapy Licensing Act, 
4
the Medical Practice Act of 1987, the
Naprapathic Practice Act, 
5
the Nurse Practice Act
Nursing and Advanced Practice Nursing 
6
Act, the
Illinois
Occupational Therapy Practice Act, the 
7
Illinois Optometric Practice Act of
1987, the Illinois
Physical 
8
Therapy Act, the Physician Assistant Practice Act of 1987, the

9
Podiatric Medical Practice Act of
1987, the Professional 
10
Counselor and Clinical Professional Counselor Licensing
Act, 
11
and the Illinois Speech-Language Pathology and Audiology 
12
Practice Act.

13
    "Minority" has the same meaning as in Section 2310-215.

14
    (b) The General Assembly finds as follows:


15
        (1) The health status of individuals from ethnic and 
16
    racial minorities in
this State is significantly lower than 
17
    the health status of the general
population of the State.


18
        (2) Minorities suffer disproportionately high rates of 
19
    cancer, stroke,
heart disease, diabetes, sickle-cell 
20
    anemia, lupus, substance abuse, acquired
immune deficiency 
21
    syndrome, other diseases and disorders, unintentional

22
    injuries, and suicide.


23
        (3) The incidence of infant mortality among minorities 
24
    is almost double
that for the general population.


25
        (4) Minorities suffer disproportionately from lack of 
26
    access to health
care and poor living conditions.


 


 






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1
        (5) Minorities are under-represented in the health 
2
    care professions.


3
        (6) Minority participation in the procurement policies 
4
    of the health care
industry is lacking.


5
        (7) Minority health professionals historically have 
6
    tended to practice in
low-income areas and to serve 
7
    minorities.


8
        (8) National experts on minority health report that 
9
    access to health care
among minorities can be substantially 
10
    improved by increasing the number of
minority health 
11
    professionals.


12
        (9) Increasing the number of minorities serving on the 
13
    facilities of
health professional schools is an important 
14
    factor in attracting minorities to
pursue a career in 
15
    health professions.


16
        (10) Retaining minority health professionals currently 
17
    practicing in this
State and those receiving training and 
18
    education in this State is an important
factor in 
19
    maintaining and increasing the number of minority health

20
    professionals in Illinois.


21
        (11) An Advisory Panel on Minority Health is necessary 
22
    to address the
health issues affecting minorities in this 
23
    State.

24
    (c) The General Assembly's intent is as follows:


25
        (1) That all Illinoisans have access to health care.


26
        (2) That the gap between the health status of 
 


 






09500HB0119ham001
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1
    minorities and other
Illinoisans
be closed.


2
        (3) That the health issues that disproportionately 
3
    affect minorities be
addressed to improve the health status 
4
    of minorities.


5
        (4) That the number of minorities in the health 
6
    professions be increased.

7
    (d) The Advisory Panel on Minority Health is created.  The 
8
Advisory Panel
shall consist of 25 members appointed by the 
9
Director of Public Health.  The
members shall represent health 
10
professions and the General Assembly.

11
    (e) The Advisory Panel shall assist the Department in the 
12
following manner:


13
        (1) Examination of the following areas as they relate 
14
    to minority health:


15
            (A) Access to health care.


16
            (B) Demographic factors.


17
            (C) Environmental factors.


18
            (D) Financing of health care.


19
            (E) Health behavior.


20
            (F) Health knowledge.


21
            (G) Utilization of quality care.


22
            (H) Minorities in health care professions.


23
        (2) Development of monitoring, tracking, and reporting 
24
    mechanisms for
programs
and services with minority health 
25
    goals and objectives.


26
        (3) Communication with local health departments, 
 


 






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    community-based
organizations,
voluntary health 
2
    organizations, and other public and private organizations

3
    statewide, on an ongoing basis, to learn more about their 
4
    services to
minority communities, the health problems of 
5
    minority communities, and their
ideas for improving 
6
    minority health.


7
        (4) Promotion of communication among all State 
8
    agencies that provide
services
to minority populations.


9
        (5) Building coalitions between the State and 
10
    leadership in minority
communities.


11
        (6) Encouragement of recruitment and retention of 
12
    minority health
professionals.


13
        (7) Improvement in methods for collecting and 
14
    reporting data on minority
health.


15
        (8) Improvement in accessibility to health and medical 
16
    care for minority
populations in under-served rural and 
17
    urban areas.


18
        (9) Reduction of communication barriers for 
19
    non-English speaking
residents.


20
        (10) Coordination of the development and dissemination 
21
    of culturally
appropriate
and sensitive education 
22
    material, public awareness messages, and health
promotion  
23
    programs for minorities.

24
    (f) On or before January 1, 1997 the Advisory Panel shall 
25
submit an
interim report to the Governor and the General 
26
Assembly.  The interim report
shall include an update on the 
 


 






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1
Advisory Panel's progress in performing its
functions under 
2
this Section and shall include
recommendations, including 
3
recommendations for any necessary legislative
changes.

4
    On or before January 1, 1998 the Advisory Panel shall 
5
submit a final report
to the Governor and the General Assembly.  
6
The final report shall include the
following:


7
        (1) An evaluation of the health status of minorities in 
8
    this State.


9
        (2) An evaluation of minority access to health care in 
10
    this State.


11
        (3) Recommendations for improving the health status of 
12
    minorities in this
State.


13
        (4) Recommendations for increasing minority access to 
14
    health care in this
State.


15
        (5) Recommendations for increasing minority 
16
    participation in the
procurement policies of the health 
17
    care industry.


18
        (6) Recommendations for increasing the number of 
19
    minority health
professionals in this State.


20
        (7) Recommendations that will ensure that the health 
21
    status of minorities
in this State continues to be 
22
    addressed beyond the expiration of the Advisory
Panel.

23
(Source: P.A. 90-742, eff. 8-13-98; 91-239, eff. 1-1-00.)



 
24
    Section 90-105. The Department of Veterans Affairs Act is 
25
amended  by changing Section 2.07 as follows:
 


 


 






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1
    (20 ILCS 2805/2.07)  (from Ch. 126 1/2, par. 67.07)


2
    Sec. 2.07. The Department shall employ and maintain 
3
sufficient and
qualified staff at the veterans' homes to

4
fulfill the requirements of this Act.  The Department shall 
5
report to
the General Assembly, by January 1 and July 1 of each 
6
year, the number of
staff employed in providing direct patient 
7
care at their veterans' homes,
the compliance or noncompliance 
8
with staffing standards established by the
United States 
9
Department of Veterans Affairs for
such care, and in the event 
10
of
noncompliance with such standards, the number of staff 
11
required for compliance. For purposes of this Section, a nurse 
12
who has a license application pending with the State shall not 
13
be deemed unqualified by the Department if the nurse is in 
14
compliance with 225 ILCS 65/5-15(g) or 225 ILCS
5-15(i) of the

15
item (7) or (8) of subsection (b) of Section 5-15 of the Nurse 
16
Practice Act
Nursing and Advanced Practice Nursing Act.


17
    All contracts between the State and outside contractors to 
18
provide workers
to
staff and service
the Anna
Veterans Home 
19
shall be canceled in accordance with the terms of those

20
contracts.  Upon
cancellation, each
worker or staff member shall 
21
be offered certified employment status under the
Illinois

22
Personnel Code with the State of Illinois.
To the extent it is 
23
reasonably practicable, the position offered to each person

24
shall be at the
same facility and
shall
consist of the same 
25
duties and hours as previously existed under the
canceled

 


 






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1
contract or contracts.

2
(Source: P.A. 93-597, eff. 8-26-03; 94-703, eff. 6-1-06; 
3
revised 9-15-06.)



 
4
    Section 90-110. The Geriatric Medicine Assistance Act is 
5
amended  by changing Section 2 as follows:
 



6
    (20 ILCS 3945/2)  (from Ch. 144, par. 2002)


7
    Sec. 2. There is created the Geriatric Medicine Assistance 
8
Commission. The Commission shall receive and approve 
9
applications for grants from schools,
recognized by the 
10
Department of Professional Regulation as being authorized
to 
11
confer doctor of medicine, doctor of osteopathy, doctor of 
12
chiropractic
or registered professional nursing degrees in the 
13
State, to help finance
the establishment of geriatric medicine 
14
programs within such schools. In
determining eligibility for 
15
grants, the Commission shall give preference to
those programs 
16
which exhibit the greatest potential for directly benefiting

17
the largest number of elderly citizens in the State. The 
18
Commission may not
approve the application of any institution 
19
which is unable to demonstrate
its current financial stability 
20
and reasonable prospects for future
stability. No institution 
21
which fails to possess and maintain an open
policy with respect 
22
to race, creed, color and sex as to admission of
students, 
23
appointment of faculty and employment of staff shall be 
24
eligible
for grants under this Act. The Commission shall 
 


 






09500HB0119ham001
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1
establish such rules and
standards as it deems necessary for 
2
the implementation of this Act.

3
    The Commission shall be composed of 8 members selected as 
4
follows: 2
physicians licensed to practice under the Medical 
5
Practice Act of 1987
and specializing in geriatric medicine; a 
6
registered professional nurse
licensed under the Nurse 
7
Practice Act
Nursing and Advanced Practice Nursing Act and 
8
specializing in
geriatric health care; 2 representatives of 
9
organizations
interested in geriatric
medicine or the care of 
10
the elderly; and 3 individuals 60 or older who are
interested 
11
in geriatric health care or the care of the
elderly. The 
12
members of
the Commission shall be selected by the Governor 
13
from a list
of recommendations submitted to him by 
14
organizations concerned with geriatric
medicine or the care of 
15
the elderly.

16
    The terms of the members of the Commission shall be 4 
17
years, except that
of the members initially appointed, 2 shall 
18
be designated to serve until
January 1, 1986, 3 until January 
19
1, 1988, and 2 until January 1, 1990.
Members of the Commission 
20
shall receive no compensation, but shall be
reimbursed for 
21
actual expenses incurred in carrying out their duties.

22
(Source: P.A. 90-742, eff. 8-13-98.)



 
23
    Section 90-115. The State Finance Act is amended  by 
24
changing Section 8h as follows:
 
 


 






09500HB0119ham001
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1
    (30 ILCS 105/8h)


2
    Sec. 8h. Transfers to General Revenue Fund.  
3
    (a) Except as otherwise provided in this Section and 
4
Section 8n of this Act, and (c), (d), or (e),
notwithstanding 
5
any other
State law to the contrary, the Governor


may, through 
6
June 30, 2007, from time to time direct the State Treasurer and 
7
Comptroller to transfer
a specified sum from any fund held by 
8
the State Treasurer to the General
Revenue Fund in order to 
9
help defray the State's operating costs for the
fiscal year.  
10
The total transfer under this Section from any fund in any

11
fiscal year shall not exceed the lesser of (i) 8% of the 
12
revenues to be deposited
into the fund during that fiscal year 
13
or (ii) an amount that leaves a remaining fund balance of 25% 
14
of the July 1 fund balance of that fiscal year. In fiscal year 
15
2005 only, prior to calculating the July 1, 2004 final 
16
balances, the Governor may calculate and direct the State 
17
Treasurer with the Comptroller to transfer additional amounts 
18
determined by applying the formula authorized in Public Act 
19
93-839 to the funds balances on July 1, 2003.
No transfer may 
20
be made from a fund under this Section that would have the

21
effect of reducing the available balance in the fund to an 
22
amount less than
the amount remaining unexpended and unreserved 
23
from the total appropriation
from that fund estimated to be 
24
expended for that fiscal year.  This Section does not apply to 
25
any
funds that are restricted by federal law to a specific use, 
26
to any funds in
the Motor Fuel Tax Fund, the Intercity 
 


 






09500HB0119ham001
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1
Passenger Rail Fund, the Hospital Provider Fund, the Medicaid 
2
Provider Relief Fund, the Teacher Health Insurance Security 
3
Fund, the Reviewing Court Alternative Dispute Resolution Fund, 
4
the Voters' Guide Fund, the Foreign Language Interpreter Fund, 
5
the Lawyers' Assistance Program Fund, the Supreme Court Federal 
6
Projects Fund, the Supreme Court Special State Projects Fund, 
7
the Supplemental Low-Income Energy Assistance Fund, the Good 
8
Samaritan Energy Trust Fund, the Low-Level Radioactive Waste 
9
Facility Development and Operation Fund, the Horse Racing 
10
Equity Trust Fund, or the Hospital Basic Services Preservation 
11
Fund, or to any
funds to which subsection (c) of Section 20-55 
12
of the Nurse Practice Act
subsection (f) of Section  20-40 of  
13
the Nursing and Advanced Practice Nursing Act applies. No 
14
transfers may be made under this Section from the Pet 
15
Population Control Fund.   Notwithstanding any
other provision 
16
of this Section, for fiscal year 2004,
the total transfer under 
17
this Section from the Road Fund or the State
Construction 
18
Account Fund shall not exceed the lesser of (i) 5% of the 
19
revenues to be deposited
into the fund during that fiscal year 
20
or (ii) 25% of the beginning balance in the fund.
For fiscal 
21
year 2005 through fiscal year 2007, no amounts may be 
22
transferred under this Section from the Road Fund, the State 
23
Construction Account Fund, the Criminal Justice Information 
24
Systems Trust Fund, the Wireless Service Emergency Fund, or the 
25
Mandatory Arbitration Fund.

26
    In determining the available balance in a fund, the 
 


 






09500HB0119ham001
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1
Governor


may include receipts, transfers into the fund, and 
2
other
resources anticipated to be available in the fund in that 
3
fiscal year.


4
    The State Treasurer and Comptroller shall transfer the 
5
amounts designated
under this Section as soon as may be 
6
practicable after receiving the direction
to transfer from the 
7
Governor.


8
    (a-5) Transfers directed to be made under this Section on 
9
or before February 28, 2006 that are still pending on May 19, 
10
2006 (the effective date of Public Act 94-774)
this amendatory 
11
Act of the 94th General Assembly shall be redirected as 
12
provided in Section 8n of this Act.

13
    (b) This Section does not apply to: (i) the Ticket For The 
14
Cure Fund; (ii) any fund established under the Community Senior 
15
Services and Resources Act; or (iii) on or after January 1, 
16
2006 (the effective date of Public Act 94-511), the Child Labor 
17
and Day and Temporary Labor Enforcement Fund.
18
    (c) This Section does not apply to the Demutualization 
19
Trust Fund established under the Uniform Disposition of 
20
Unclaimed Property Act.

21
    (d) This Section does not apply to moneys set aside in the 
22
Illinois State Podiatric Disciplinary Fund for podiatric 
23
scholarships and residency programs under the Podiatric 
24
Scholarship and Residency Act.
25
    (e) Subsection (a) does not apply to, and no transfer may 
26
be made under this Section from, the Pension Stabilization 
 


 






09500HB0119ham001
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1
Fund.

2
(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, 
3
eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; 
4
93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. 
5
1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. 
6
1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, 
7
eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; 
8
94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. 
9
5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, 
10
eff. 6-6-06; revised 6-19-06.)



 
11
    Section 90-120. The Baccalaureate Assistance Law for 
12
Registered Nurses is amended  by changing Section 3 as follows:
 



13
    (110 ILCS 915/3)  (from Ch. 144, par. 1403)


14
    Sec. 3. Definitions. The following terms, whenever used or 
15
referred to,
have the following meanings except where the 
16
context clearly indicates
otherwise:

17
    (a) "Board" means the Board of Higher Education created by 
18
"An Act
creating a
Board of Higher Education, defining its 
19
powers and duties, making an
appropriation therefor, and 
20
repealing an Act therein named", approved
August 22, 1961, as 
21
now or hereafter amended.

22
    (b) "Department" means the Illinois Department of Public 
23
Health.

24
    (c) "Approved institution" means a college or university 
 


 






09500HB0119ham001
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1
located in
this
State which has National League for Nursing 
2
accreditation for the
baccalaureate degree program in nursing.

3
    (d) "Enrollment" means the establishment and maintenance 
4
of an
individual's
status as a student in an approved 
5
institution, regardless of the terms
used at the institution to 
6
describe such status.

7
    (e) "Academic year" means the period of time from September 
8
1 of
one year
through August 31 of the next year.

9
    (f) "Registered Nurse" or "professional nurse" means a 
10
nurse
holding a valid
existing license in good standing as a 
11
registered professional nurse issued
by the Department of 
12
Professional Regulation under the Nurse Practice Act
Nursing 
13
and Advanced Practice Nursing Act.

14
    (g) "Regions" means the official and uniform state planning 
15
and
administrative regions established by the Governor by 
16
Executive Order No.
7, dated June 22, 1971, as amended.

17
    (h) "Director" means the Director of the Illinois 
18
Department of
Public Health.

19
(Source: P.A. 90-742, eff. 8-13-98.)



 
20
    Section 90-125. The Nurse Educator Assistance Act is 
21
amended  by changing Section 5-15 as follows:
 
22
    (110 ILCS 967/5-15)

23
    Sec. 5-15. Definitions. In this Act:
24
    "Approved program of professional nursing education" and 
 


 






09500HB0119ham001
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1
"approved program of practical nursing education" mean 
2
programs of professional or practical nursing, respectively, 
3
approved by the Department of Financial and Professional 
4
Regulation under the provisions of the Nurse Practice Act

5
Nursing and Advanced Practice Nursing Act.
6
    "Commission" means the Illinois Student Assistance 
7
Commission.

8
(Source: P.A. 94-1020, eff. 7-11-06.)

 
9
    Section 90-130. The Nursing Education Scholarship Law is 
10
amended  by changing Section 3 as follows:
 



11
    (110 ILCS 975/3)  (from Ch. 144, par. 2753)


12
    Sec. 3. Definitions. 

13
    The following terms, whenever used or referred to, have the 
14
following
meanings except where the context clearly indicates 
15
otherwise:

16
    (1) "Board" means the Board of Higher Education created by 
17
the Board
of Higher Education Act.

18
    (2) "Department" means the Illinois Department of Public 
19
Health.

20
    (3) "Approved institution" means a public community 
21
college, private
junior college, hospital-based diploma in 
22
nursing
program, or public or private
college or university 
23
located in this State that has approval by the Department of 
24
Professional
Regulation for an associate degree in nursing

 


 






09500HB0119ham001
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1
program,
associate degree in applied
sciences in nursing 
2
program, hospital-based diploma in nursing
program,

3
baccalaureate degree in nursing program, graduate degree in 
4
nursing program, or
certificate in practical
nursing program.

5
    (4) "Baccalaureate degree in nursing program" means a 
6
program offered by
an
approved institution and leading to a 
7
bachelor of science degree in nursing.

8
    (5) "Enrollment" means the establishment and maintenance 
9
of an
individual's status as a student in an approved 
10
institution, regardless of
the terms used at the institution to 
11
describe such status.

12
    (6) "Academic year" means the period of time from September 
13
1 of one
year through August 31 of the next year or as 
14
otherwise defined by the
academic institution.

15
    (7) "Associate degree in nursing program or hospital-based 
16
diploma in
nursing program" means a program
offered by an 
17
approved institution and leading to an associate
degree in

18
nursing, associate degree in applied sciences in nursing, or

19
hospital-based diploma in nursing.

20
    (8) "Graduate degree in nursing program" means a program 
21
offered by an approved institution and leading to a master of 
22
science degree in nursing or a doctorate of philosophy or 
23
doctorate of nursing degree in nursing.

24
    (9) "Director" means the Director of the Illinois 
25
Department of Public
Health.

26
    (10) "Accepted for admission" means a student has completed 
 


 






09500HB0119ham001
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1
the
requirements for entry into an associate degree in nursing 
2
program,
associate degree in applied sciences in nursing 
3
program, hospital-based
diploma in nursing program,

4
baccalaureate degree in nursing program, graduate degree in 
5
nursing program, or
certificate in practical nursing program at 
6
an approved institution, as
documented by the
institution.

7
    (11) "Fees" means those mandatory charges, in addition to 
8
tuition, that
all enrolled students must pay, including 
9
required course or lab fees.

10
    (12) "Full-time student" means a student enrolled for at 
11
least 12 hours
per
term or as otherwise determined by the 
12
academic institution.

13
    (13) "Law" means the Nursing Education Scholarship Law.

14
    (14) "Nursing employment obligation" means employment in 
15
this State as a
registered
professional
nurse or licensed 
16
practical nurse in direct patient care
or as a nurse educator 
17
in the case of a graduate degree in nursing program recipient 
18
for at least one year for each year of scholarship assistance 
19
received through
the Nursing
Education Scholarship Program.

20
    (15) "Part-time student" means a person who is enrolled for 
21
at least
one-third of the number of hours required per term by 
22
a school for its
full-time students.

23
    (16) "Practical nursing program" means a program offered by 
24
an approved
institution leading to a certificate in practical 
25
nursing.

26
    (17) "Registered professional nurse" means a
person who is 
 


 






09500HB0119ham001
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1
currently licensed as a registered professional nurse
by the 
2
Department of Professional
Regulation under the Nurse Practice 
3
Act
Nursing and Advanced Practice Nursing Act.

4
    (18) "Licensed practical nurse" means a
person who is 
5
currently licensed as a licensed practical nurse
by the 
6
Department of Professional
Regulation under the Nurse Practice 
7
Act
Nursing and Advanced Practice Nursing Act.

8
    (19) "School term" means an academic term, such as a 
9
semester, quarter,
trimester, or number of clock hours, as 
10
defined by an approved institution.

11
    (20) "Student in good standing" means a student maintaining 
12
a cumulative
grade point average equivalent to at least the 
13
academic grade of a "C".

14
    (21) "Total and permanent disability" means a physical or 
15
mental impairment,
disease, or loss of a permanent nature that 
16
prevents nursing employment with or
without reasonable 
17
accommodation.  Proof of disability shall be a declaration
from 
18
the social security administration, Illinois Workers' 
19
Compensation Commission,
Department of Defense, or an insurer 
20
authorized to transact business in
Illinois who is providing 
21
disability insurance coverage to a contractor.

22
    (22) "Tuition" means the established charges of an 
23
institution of higher
learning for instruction at that 
24
institution.

25
    (23) "Nurse educator" means a person who is currently 
26
licensed as a registered nurse by the Department of 
 


 






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1
Professional Regulation under the Nurse Practice Act
Nursing 
2
and Advanced Practice Nursing Act, who has a graduate degree in 
3
nursing, and who is employed by an approved academic 
4
institution to educate registered nursing students, licensed 
5
practical nursing students, and registered nurses pursuing 
6
graduate degrees.

7
(Source: P.A. 92-43, eff. 1-1-02; 93-721, eff. 1-1-05; 93-879, 
8
eff. 1-1-05; revised 10-25-04.)



 
9
    Section 90-135. The Academic Degree Act is amended  by 
10
changing Section 11 as follows:
 



11
    (110 ILCS 1010/11)  (from Ch. 144, par. 241)


12
    Sec. 11. Exemptions. This Act shall not apply to any school 
13
or
educational institution regulated or approved under the 
14
Nurse Practice Act
Nursing
and Advanced Practice Nursing Act.

15
    This Act shall not apply to any of the following:

16
    (a) in-training programs by corporations or other business 
17
organizations
for the training of their personnel;

18
    (b) education or other improvement programs by business, 
19
trade and
similar organizations and associations for the 
20
benefit of their members
only; or

21
    (c) apprentice or other training programs by labor unions.

22
(Source: P.A. 90-742, eff. 8-13-98.)



 
23
    Section 90-140. The Ambulatory Surgical Treatment Center 
 


 






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1
Act is amended  by changing Section 6.5 as follows:
 



2
    (210 ILCS 5/6.5)


3
    Sec. 6.5. Clinical privileges; advanced practice nurses. 
4
All ambulatory surgical treatment centers (ASTC) licensed 
5
under this Act
shall
comply with the following requirements:

6
    (1) No ASTC policy, rule, regulation, or practice shall be 
7
inconsistent
with the provision of adequate collaboration, 
8
including medical direction of
licensed
advanced practice 
9
nurses, in accordance with Section 54.5 of the Medical
Practice 
10
Act of 1987.

11
    (2) Operative surgical procedures shall be performed only 
12
by a physician
licensed to
practice medicine in
all its 
13
branches under the Medical Practice Act of 1987, a dentist

14
licensed under the
Illinois Dental Practice Act, or a 
15
podiatrist licensed under the Podiatric
Medical Practice Act of 
16
1987,
with medical staff membership and surgical clinical 
17
privileges granted by the
consulting
committee of the ASTC. A 
18
licensed physician, dentist, or podiatrist may
be assisted by
a 
19
physician licensed to practice medicine in all its branches, 
20
dentist, dental
assistant,
podiatrist, licensed
advanced 
21
practice nurse, licensed physician assistant, licensed

22
registered nurse, licensed practical nurse,
surgical

23
assistant, surgical technician, or other individuals granted 
24
clinical
privileges to assist in surgery
by the consulting 
25
committee of the ASTC.
Payment for services rendered by an 
 


 






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assistant in surgery who is not an
ambulatory surgical 
2
treatment center employee shall be paid
at the appropriate 
3
non-physician modifier
rate if the payor would have made 
4
payment had the same services been provided
by a physician.

5
    (2.5) A registered nurse licensed under the Nurse Practice 
6
Act
Nursing and Advanced Practice Nursing Act and qualified by 
7
training and experience in operating room nursing shall be 
8
present in the operating room and function as the circulating 
9
nurse during all invasive or operative procedures. For purposes 
10
of this paragraph (2.5), "circulating nurse" means a registered 
11
nurse who is responsible for coordinating all nursing care, 
12
patient safety needs, and the needs of the surgical team in the 
13
operating room during an invasive or operative procedure.

14
    (3)  The anesthesia service shall be under the direction of 
15
a physician
licensed to practice
medicine in all its branches 
16
who has had specialized preparation or experience
in the area

17
or who has completed a residency in anesthesiology. An 
18
anesthesiologist, Board
certified or
Board eligible, is 
19
recommended. Anesthesia services may
only be
administered 
20
pursuant to the order of a physician licensed to practice 
21
medicine
in all its
branches, licensed dentist, or licensed 
22
podiatrist.


23
        (A) The individuals who, with clinical privileges 
24
    granted by the medical
staff and ASTC, may
administer 
25
    anesthesia services are limited to the
following:


26
            (i) an anesthesiologist; or


 


 






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            (ii) a physician licensed to practice medicine in 
2
        all its branches; or


3
            (iii) a dentist with authority to administer 
4
        anesthesia under Section
8.1 of the
Illinois Dental 
5
        Practice Act; or


6
            (iv) a licensed certified registered nurse 
7
        anesthetist.


8
        (B) For anesthesia services, an anesthesiologist
shall

9
    participate through discussion of and agreement with the 
10
    anesthesia plan and
shall remain physically present and be

11
    available on
the premises during the delivery of anesthesia 
12
    services for
diagnosis, consultation, and treatment of 
13
    emergency medical
conditions.
In the absence of 24-hour 
14
    availability of anesthesiologists with clinical

15
    privileges, an alternate policy (requiring
participation, 
16
    presence,
and availability of a
physician licensed to 
17
    practice medicine in all its
branches) shall be
developed 
18
    by the medical staff consulting committee in consultation 
19
    with the
anesthesia service and included in the medical

20
    staff
consulting committee policies.


21
        (C) A certified registered nurse anesthetist is not 
22
    required to possess
prescriptive authority or a written 
23
    collaborative agreement meeting the
requirements of 
24
    Section 10-120 of the Nurse Practice Act
15-15 of the 
25
    Nursing and Advanced Practice Nursing Act
to provide 
26
    anesthesia services
ordered by a licensed physician, 
 


 






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    dentist, or podiatrist.  Licensed certified
registered 
2
    nurse anesthetists are authorized to
select, order, and

3
    administer drugs and apply the appropriate medical devices 
4
    in the provision of
anesthesia
services under the 
5
    anesthesia plan agreed with by the
anesthesiologist or, in 
6
    the absence of an available anesthesiologist with
clinical 
7
    privileges,
agreed with by the
operating physician, 
8
    operating dentist, or operating podiatrist in accordance

9
    with the medical
staff consulting committee policies of a 
10
    licensed ambulatory surgical treatment
center.

11
(Source: P.A. 93-352, eff. 1-1-04; 94-915, eff. 1-1-07.)


 
12
    Section 90-145. The Illinois Clinical Laboratory and Blood 
13
Bank Act is amended  by changing Section 7-101 as follows:
 



14
    (210 ILCS 25/7-101)  (from Ch. 111 1/2, par. 627-101)


15
    Sec. 7-101. Examination of specimens. A clinical 
16
laboratory shall examine
specimens only at the request of (i) a 
17
licensed physician, (ii) a
licensed dentist, (iii) a licensed 
18
podiatrist, (iv) a therapeutic
optometrist for diagnostic or 
19
therapeutic purposes related to the use of
diagnostic topical 
20
or therapeutic ocular pharmaceutical agents, as defined in

21
subsections (c) and (d) of Section 15.1 of the Illinois 
22
Optometric Practice Act
of 1987,
 (v) a licensed
physician 
23
assistant in
accordance with the written guidelines required 
24
under subdivision (3) of
Section 4 and under Section 7.5 of the 
 


 






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1
Physician Assistant Practice Act of
1987,
(v-A) an advanced 
2
practice nurse in accordance with the
written collaborative 
3
agreement required under Section 10-120 of the Nurse Practice 
4
Act
15-15 of the Nursing and Advanced Practice Nursing Act,
or

5
(vi) an authorized law enforcement agency or, in the case of 
6
blood
alcohol, at the request of the individual for whom the 
7
test is to be performed
in compliance with Sections 11-501 and 
8
11-501.1 of the Illinois Vehicle Code.
If the request to a 
9
laboratory is oral, the physician or other authorized
person 
10
shall submit a written request to the laboratory within 48 
11
hours.  If
the laboratory does not receive the written request 
12
within that period, it
shall note that fact in its records.  For 
13
purposes of this Section, a request
made by electronic mail or 
14
fax constitutes a written request.

15
(Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;

16
90-655, eff. 7-30-98; 90-666, eff. 7-30-98; 90-742, eff. 
17
8-13-98;
91-357, eff. 7-29-99.)



 
18
    Section 90-150. The Life Care Facilities Act is amended  by 
19
changing Section 2 as follows:
 



20
    (210 ILCS 40/2)  (from Ch. 111 1/2, par. 4160-2)


21
    Sec. 2. As used in this Act, unless the context otherwise 
22
requires: 

23
    (a) "Department" means the Department of Public Health.

24
    (b) "Director" means the Director of the Department.

 


 






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    (c) "Life care contract" means a contract to provide to a 
2
person for the
duration of such person's life or for a term in 
3
excess of one year, nursing
services, medical services or 
4
personal care services, in addition to
maintenance
services for 
5
such person in a facility, conditioned upon the transfer of
an 
6
entrance fee to the provider of such services in addition to or 
7
in lieu
of the payment of regular periodic charges for the care 
8
and services involved.

9
    (d) "Provider" means a person who provides services 
10
pursuant to a life care contract.

11
    (e) "Resident" means a person who enters into a life care 
12
contract with
a provider, or who is designated in a life care 
13
contract to be a person provided
with maintenance and nursing, 
14
medical or personal care services.

15
    (f) "Facility" means a place or places in which a provider 
16
undertakes
to provide a resident with nursing services, medical 
17
services or personal
care services, in addition to maintenance 
18
services for a term in excess of
one year or for life pursuant 
19
to a life care contract.  The term also
means a place or places 
20
in which a provider undertakes to provide such
services to a 
21
non-resident.

22
    (g) "Living unit" means an apartment, room or other area 
23
within a facility
set aside for the exclusive use of one or 
24
more identified residents.

25
    (h) "Entrance fee" means an initial or deferred transfer to 
26
a provider
of a sum of money or property, made or promised to 
 


 






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1
be made by a person entering
into a life care contract, which 
2
assures a resident of services pursuant
to a life care 
3
contract.

4
    (i) "Permit" means a written authorization to enter into 
5
life care contracts
issued by the Department to a provider.

6
    (j) "Medical services" means those services pertaining to 
7
medical or dental
care that are performed in behalf of patients 
8
at the direction of a physician
licensed under the Medical 
9
Practice Act of 1987 or a dentist licensed under the
Illinois 
10
Dental Practice Act by such physicians or dentists, or
by a 
11
registered or
licensed practical nurse as defined in the Nurse 
12
Practice Act
Nursing and Advanced Practice
Nursing Act
or by

13
other professional and technical personnel.

14
    (k) "Nursing services" means those services pertaining to 
15
the curative,
restorative and preventive aspects of nursing 
16
care that are performed at
the direction of a physician 
17
licensed under the Medical Practice Act of 1987 by
or under the 
18
supervision of a registered or licensed practical nurse as

19
defined in the Nurse Practice Act
Nursing and Advanced Practice 
20
Nursing Act.

21
    (l) "Personal care services" means assistance with meals, 
22
dressing,
movement,
bathing or other personal needs or 
23
maintenance, or general supervision and
oversight of the 
24
physical and mental well-being of an individual, who is

25
incapable of maintaining a private, independent residence or 
26
who is incapable
of managing his person whether or not a 
 


 






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1
guardian has been appointed for
such individual.

2
    (m) "Maintenance services" means food, shelter and laundry 
3
services.

4
    (n) "Certificates of Need" means those permits issued 
5
pursuant to the
Illinois Health Facilities Planning Act as now 
6
or hereafter amended.

7
    (o) "Non-resident" means a person admitted to a facility 
8
who has not
entered into a life care contract.

9
(Source: P.A. 90-742, eff. 8-13-98.)



 
10
    Section 90-155. The Nursing Home Care Act is amended  by 
11
changing Section 1-118 as follows:
 



12
    (210 ILCS 45/1-118)  (from Ch. 111 1/2, par. 4151-118)


13
    Sec. 1-118. "Nurse" means a registered nurse or a licensed 
14
practical nurse
as defined in the Nurse Practice Act
Nursing 
15
and Advanced Practice Nursing Act.

16
(Source: P.A. 90-742, eff. 8-13-98.)



 
17
    Section 90-160. The Emergency Medical Services (EMS) 
18
Systems Act is amended  by changing Section 3.80 as follows:
 



19
    (210 ILCS 50/3.80)


20
    Sec. 3.80. Pre-Hospital RN and Emergency Communications 
21
Registered Nurse. 

22
    (a) Emergency Communications Registered Nurse or
"ECRN" 
 


 






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1
means a registered professional nurse, licensed under
the Nurse 
2
Practice Act
Nursing and Advanced Practice Nursing Act who
has

3
successfully completed supplemental education in accordance

4
with rules adopted by the Department, and who is approved by
an 
5
EMS Medical Director to monitor telecommunications from
and 
6
give voice orders to EMS System personnel, under the
authority 
7
of the EMS Medical Director and in accordance with
System 
8
protocols.

9
    Upon the effective date of this amendatory Act of 1995, all

10
existing Registered Professional Nurse/MICNs shall be

11
considered ECRNs.

12
    (b) "Pre-Hospital Registered Nurse" or
"Pre-Hospital RN" 
13
means a registered professional nurse, licensed under
the Nurse 
14
Practice Act
Nursing and Advanced Practice Nursing Act who has

15
successfully completed supplemental education in accordance

16
with rules adopted by the Department pursuant to this Act,
and 
17
who is approved by an EMS Medical Director to practice
within 
18
an EMS System as emergency medical services personnel
for 
19
pre-hospital and inter-hospital emergency care and

20
non-emergency medical transports.

21
    Upon the effective date of this amendatory Act of 1995, all

22
existing Registered Professional Nurse/Field RNs shall be

23
considered Pre-Hospital RNs.

24
    (c) The Department shall have the authority and

25
responsibility to:


26
        (1) Prescribe education and continuing education

 


 






09500HB0119ham001
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1
    requirements for Pre-Hospital RN and ECRN candidates 
2
    through
rules adopted pursuant to this Act:


3
            (A) Education for Pre-Hospital RN shall
include 
4
        extrication, telecommunications, and pre-hospital

5
        cardiac and trauma care;


6
            (B) Education for ECRN shall include

7
        telecommunications, System standing medical orders and 
8
        the
procedures and protocols established by the EMS 
9
        Medical
Director;


10
            (C) A Pre-Hospital RN candidate who is
fulfilling 
11
        clinical training and in-field supervised
experience 
12
        requirements may perform prescribed procedures
under 
13
        the direct supervision of a physician licensed to

14
        practice medicine in all of its branches, a qualified

15
        registered professional nurse or a qualified EMT, only 
16
        when
authorized by the EMS Medical Director;


17
            (D) An EMS Medical Director may impose in-field 
18
        supervised field
experience requirements on System

19
        ECRNs as part of their training or continuing 
20
        education, in
which they perform prescribed procedures 
21
        under the direct
supervision of a physician licensed to 
22
        practice medicine in
all of its branches, a qualified 
23
        registered professional
nurse or qualified EMT, only 
24
        when authorized by the EMS
Medical Director;


25
        (2) Require EMS Medical Directors to
reapprove 
26
    Pre-Hospital RNs and ECRNs every 4 years, based on

 


 






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1
    compliance with continuing education requirements 
2
    prescribed
by the Department through rules adopted 
3
    pursuant to this
Act;


4
        (3) Allow EMS Medical Directors to grant
inactive 
5
    status to any Pre-Hospital RN or ECRN who qualifies, based

6
    on standards and procedures established by the Department 
7
    in
rules adopted pursuant to this Act;


8
        (4) Require a Pre-Hospital RN to honor Do Not

9
    Resuscitate (DNR) orders and powers of attorney for health

10
    care only in accordance with rules adopted by the 
11
    Department
pursuant to this Act and protocols of the EMS 
12
    System in
which he or she practices.

13
(Source: P.A. 89-177, eff. 7-19-95; 90-742, eff. 8-13-98.)



 
14
    Section 90-165. The Home Health, Home Services, and Home 
15
Nursing Agency Licensing Act is amended  by changing Section 
16
2.09 as follows:
 
17
    (210 ILCS 55/2.09)
18
    Sec. 2.09. "Home services" or "in-home services" means 
19
assistance with activities of daily living, housekeeping, 
20
personal laundry, and companionship provided to an individual 
21
in his or her personal residence, which are intended to enable 
22
that individual to remain safely and comfortably in his or her 
23
own personal residence.  "Home  services" or "in-home services" 
24
does not include services that would be required to be 
 


 






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1
performed by an individual licensed under the Nurse Practice 
2
Act
Nursing and Advanced Practice Nursing Act.

3
(Source: P.A. 94-379, eff. 1-1-06.)

 
4
    Section 90-170. The Home Health, Home Services, and Home 
5
Nursing Agency Licensing Act is amended  by changing Section 6.3 
6
as follows:
 
7
    (210 ILCS 55/6.3)
8
    Sec. 6.3. Home services agencies; standards; fees.
9
    (a) Before January 1, 2008, the Department shall adopt 
10
standards for the licensure and operation of home services 
11
agencies operated in this State.  The structure of the standards 
12
shall be based on the concept of home services and its focus on 
13
assistance with activities of daily living, housekeeping, 
14
personal laundry, and companionship being provided to an 
15
individual intended to enable that individual to remain safely 
16
and comfortably in his or her own personal residence.  As home 
17
services do not include services that would be required to be 
18
performed by an individual licensed under the Nurse Practice 
19
Act
Nursing and Advanced Practice Nursing Act, the standards 
20
shall be developed from a similar concept.  After consideration 
21
and recommendations by the Home Health and Home Services 
22
Advisory Committee, the Department shall adopt such rules and 
23
regulations as are necessary for the proper regulation of home 
24
services agencies.  Requirements for licensure as a home 
 


 






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1
services agency shall include the following:
2
        (1) Compliance with the requirements of the Health Care 
3
    Worker Background Check Act.
4
        (2) Notification, in a form and manner established by 
5
    the Department by rule, to home services workers and 
6
    consumers as to the party or parties responsible under 
7
    State and federal laws for payment of employment taxes, 
8
    social security taxes, and workers' compensation, 
9
    liability, the day-to-day supervision of workers, and the 
10
    hiring, firing, and discipline of workers with the 
11
    placement arrangement for home services.
12
        (3) Compliance with rules, as adopted by the 
13
    Department, in regard to (i) reporting by the licensee of 
14
    any known or suspected incidences of abuse, neglect, or 
15
    financial exploitation of an eligible adult, as defined in 
16
    the Elder Abuse and Neglect Act, by a home services worker 
17
    employed by or placed by the licensee or (ii) reports to a 
18
    law enforcement agency in connection with any other 
19
    individual protected under the laws of the State of 
20
    Illinois.
21
        (4) Compliance with rules, as adopted by the 
22
    Department, addressing the health, safety, and well-being 
23
    of clients receiving home services.
24
    (b) The Department may establish fees for home services 
25
agency licensure in rules in a manner that will make the 
26
program self-supporting.  The amount of the licensure fees shall 
 


 






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1
be based on the funding required for operation of the licensure 
2
program.

3
(Source: P.A. 94-379, eff. 1-1-06.)

 
4
    Section 90-175. The End Stage Renal Disease Facility Act is 
5
amended  by changing Section 5 as follows:
 



6
    (210 ILCS 62/5)


7
    Sec. 5. Definitions. As used in this Act:

8
    "Committee" means the End Stage Renal Disease Advisory 
9
Committee.

10
    "Department" means the Department of Public Health.

11
    "Dialysis" means a process by which dissolved substances 
12
are removed from a
patient's body by diffusion from one fluid

13
compartment to another across a semipermeable membrane.

14
    "Dialysis technician" means an individual who is not a 
15
registered nurse or
physician and who provides dialysis care 
16
under
the supervision of a registered nurse or physician.

17
    "Director" means the Director of Public Health.

18
    "End stage renal disease" means that stage of renal 
19
impairment that appears
irreversible and permanent and that 
20
requires
a regular course of dialysis or kidney transplantation 
21
to maintain life.

22
    "End stage renal disease facility" or "ESRDF" means a 
23
facility that provides
dialysis treatment or dialysis training 
24
to
individuals with end stage renal disease.

 


 






09500HB0119ham001
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1
    "Licensee" means an individual or entity licensed by the 
2
Department to
operate an end stage renal disease facility.

3
    "Nurse" means an individual who is licensed to practice 
4
nursing under the
Nurse Practice Act
Nursing and Advanced 
5
Practice Nursing Act.

6
    "Patient" means any individual receiving treatment from an 
7
end stage renal
disease facility.

8
    "Person" means any individual, firm, partnership, 
9
corporation, company,
association, or other legal entity.

10
    "Physician" means an individual who is licensed to practice 
11
medicine in all
of its branches under the Medical Practice Act 
12
of 1987.

13
(Source: P.A. 92-794, eff. 7-1-03.)



 
14
    Section 90-180. The Hospital Licensing Act is amended  by 
15
changing Sections 10, 10.7, and 10.9 as follows:
 



16
    (210 ILCS 85/10)  (from Ch. 111 1/2, par. 151)


17
    Sec. 10. Board creation; Department rules. 

18
    (a) The Governor shall appoint a Hospital Licensing Board 
19
composed
of 14 persons, which shall advise and consult with the 
20
Director
in the administration of this Act.  The Secretary of 
21
Human Services (or his
or her designee) shall serve on the 
22
Board, along with one additional
representative of the 
23
Department of Human Services to be designated by the
Secretary.  
24
Four appointive members shall represent
the general public and 
 


 






09500HB0119ham001
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1
2 of these shall be members of hospital governing
boards; one 
2
appointive member shall be a registered professional nurse or

3
advanced practice nurse as
defined in the Nurse Practice Act

4
Nursing and Advanced Practice Nursing Act, who is employed in a

5
hospital; 3 appointive
members shall be hospital 
6
administrators actively engaged in the supervision
or 
7
administration of hospitals; 2 appointive members shall be 
8
practicing
physicians, licensed in Illinois to practice 
9
medicine in all of its
branches; and one appointive member 
10
shall be a physician licensed to practice
podiatric medicine 
11
under the Podiatric Medical Practice Act of 1987;
and one 
12
appointive member shall be a
dentist licensed to practice 
13
dentistry under
the Illinois Dental Practice Act. In making 
14
Board appointments, the Governor shall give
consideration to 
15
recommendations made through the Director by professional

16
organizations concerned with hospital administration for the 
17
hospital
administrative and governing board appointments, 
18
registered professional
nurse organizations for the registered 
19
professional nurse appointment,
professional medical 
20
organizations for the physician appointments, and
professional 
21
dental organizations for the dentist appointment.

22
    (b) Each appointive member shall hold office for a term of 
23
3 years,
except that any member appointed to fill a vacancy 
24
occurring prior to the
expiration of the term for which his 
25
predecessor was appointed shall be
appointed for the remainder 
26
of such term and the terms of office of the
members first 
 


 






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1
taking office shall expire, as designated at the time of

2
appointment, 2 at the end of the first year, 2 at the end of the 
3
second
year, and 3 at the end of the third year, after the date 
4
of appointment.
The initial terms of office of the 2 additional 
5
members representing the
general public provided for in this 
6
Section shall expire at the end of the
third year after the 
7
date of appointment. The term of office of each
original 
8
appointee shall commence July 1, 1953; the term of office of 
9
the
original registered professional nurse appointee shall 
10
commence July 1,
1969; the term of office of the original 
11
licensed podiatrist appointee shall
commence July 1, 1981; the 
12
term of office of the original dentist
appointee shall commence 
13
July 1, 1987; and the term of office of each
successor shall 
14
commence on July 1 of
the year in which his predecessor's term 
15
expires. Board members, while
serving on business of the Board, 
16
shall receive actual and necessary travel
and subsistence 
17
expenses while so serving away from their places of
residence. 
18
The Board shall meet as frequently as the Director deems

19
necessary, but not less than once a year. Upon request of 5 or 
20
more
members, the Director shall call a meeting of the Board.

21
    (c) The Director shall prescribe rules, regulations, 
22
standards, and
statements of policy needed to implement, 
23
interpret, or make specific the
provisions and purposes of this 
24
Act. The Department shall adopt rules which
set forth standards 
25
for determining when the public interest, safety
or welfare 
26
requires emergency action in relation to termination of a 
 


 






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1
research
program or experimental procedure conducted by a 
2
hospital licensed under
this Act.  No rule, regulation, or 
3
standard shall
be adopted by the Department concerning the 
4
operation of hospitals licensed
under this Act which has not 
5
had prior approval of the Hospital Licensing
Board, nor shall 
6
the Department adopt any rule, regulation or standard
relating 
7
to the establishment of a hospital without consultation with 
8
the
Hospital Licensing Board.

9
    (d) Within one year after the effective date of this 
10
amendatory Act
of 1984, all hospitals licensed under this Act 
11
and providing perinatal care
shall comply with standards of 
12
perinatal care promulgated by the Department.
The Director 
13
shall promulgate rules or regulations under this Act which
are 
14
consistent with "An Act relating to the prevention of 
15
developmental
disabilities", approved September 6, 1973, as 
16
amended.

17
(Source: P.A. 89-507, eff. 7-1-97; 90-742, eff. 8-13-98.)


 



18
    (210 ILCS 85/10.7)


19
    Sec. 10.7. Clinical privileges; advanced practice nurses. 

20
All hospitals licensed under this Act shall comply with the 
21
following
requirements:

22
    (1) No hospital policy, rule, regulation, or practice
shall 
23
be inconsistent
with the provision of adequate collaboration, 
24
including medical direction of
licensed advanced practice 
25
nurses, in accordance with Section 54.5 of the
Medical Practice 
 


 






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1
Act of 1987.

2
    (2) Operative surgical procedures shall be performed only 
3
by a physician
licensed to practice medicine in all its 
4
branches under the Medical Practice
Act of 1987, a dentist 
5
licensed under the Illinois Dental Practice Act, or a

6
podiatrist licensed under the Podiatric Medical Practice Act of 
7
1987,
with medical staff membership and surgical clinical 
8
privileges granted at the
hospital.  A licensed physician, 
9
dentist, or podiatrist may be assisted by a
physician licensed 
10
to practice medicine in all its branches, dentist, dental

11
assistant, podiatrist, licensed advanced practice nurse, 
12
licensed physician
assistant, licensed registered
nurse, 
13
licensed practical nurse, surgical
assistant, surgical 
14
technician, or other individuals granted clinical
privileges 
15
to assist in surgery
at the hospital.
Payment for services 
16
rendered by an assistant in surgery who is not a
hospital 
17
employee shall be paid
at the appropriate non-physician 
18
modifier rate if the payor would have
made payment had the same 
19
services been provided by a physician.

20
    (2.5) A registered nurse licensed under the Nurse Practice 
21
Act
Nursing and Advanced Practice Nursing Act and qualified by 
22
training and experience in operating room nursing shall be 
23
present in the operating room and function as the circulating 
24
nurse during all invasive or operative procedures. For purposes 
25
of this paragraph (2.5), "circulating nurse" means a registered 
26
nurse who is responsible for coordinating all nursing care, 
 


 






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patient safety needs, and the needs of the surgical team in the 
2
operating room during an invasive or operative procedure.

3
    (3) The anesthesia service shall be under the direction of 
4
a physician
licensed to practice
medicine in all its branches 
5
who has had specialized preparation or
experience in the area

6
or who has completed a residency in anesthesiology. An 
7
anesthesiologist, Board
certified or Board eligible, is 
8
recommended. Anesthesia services may
only be administered 
9
pursuant to the order of a physician licensed to practice

10
medicine in all its branches, licensed dentist, or licensed 
11
podiatrist.


12
        (A) The individuals who, with clinical privileges 
13
    granted at the hospital,
may administer anesthesia 
14
    services are limited
to the following:


15
            (i) an anesthesiologist; or


16
            (ii) a physician licensed to practice medicine in 
17
        all its branches; or


18
            (iii) a dentist with authority to administer 
19
        anesthesia under Section
8.1 of
the Illinois Dental 
20
        Practice Act; or


21
            (iv) a licensed certified registered nurse 
22
        anesthetist.


23
        (B) For anesthesia services, an anesthesiologist
shall

24
    participate through discussion of and agreement with the 
25
    anesthesia plan and
shall remain physically present and be

26
    available on
the premises during the delivery of anesthesia 
 


 






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    services for
diagnosis, consultation, and treatment of 
2
    emergency medical conditions.
In the absence
of 24-hour 
3
    availability of
anesthesiologists with medical staff 
4
    privileges,
an alternate
policy (requiring participation, 
5
    presence, and availability of a physician
licensed to 
6
    practice
medicine in all its branches) shall be developed 
7
    by the medical staff and
licensed
hospital in consultation 
8
    with the anesthesia service.


9
        (C) A certified registered nurse anesthetist is not 
10
    required to possess
prescriptive authority or a written 
11
    collaborative agreement meeting
the requirements of the 
12
    Nurse Practice Act
Section 15-15 of the Nursing and 
13
    Advanced Practice Nursing
Act
to provide anesthesia 
14
    services
ordered by a licensed physician, dentist, or 
15
    podiatrist.  Licensed certified
registered nurse 
16
    anesthetists are authorized to
select, order, and

17
    administer drugs and apply the appropriate medical devices 
18
    in the provision of
anesthesia
services under the 
19
    anesthesia plan agreed with by the
anesthesiologist or, in 
20
    the absence of an available anesthesiologist with
clinical 
21
    privileges,
agreed with by the
operating physician, 
22
    operating dentist, or operating podiatrist in accordance

23
    with the hospital's alternative policy.

24
(Source: P.A. 93-352, eff. 1-1-04; 94-915, eff. 1-1-07.)

 
25
    (210 ILCS 85/10.9)
 


 






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1
    Sec. 10.9. Nurse mandated overtime prohibited.
2
    (a) Definitions. As used in this Section:
3
    "Mandated overtime" means work that is required by the 
4
hospital in excess
of an agreed-to, predetermined work shift. 
5
Time spent by nurses required to be available as a condition of 
6
employment in specialized units, such as surgical nursing 
7
services, shall not be counted or considered in calculating the 
8
amount of time worked for the purpose of applying the 
9
prohibition against mandated overtime under subsection (b).
10
    "Nurse" means any advanced practice nurse, registered

11
professional nurse, or licensed practical nurse, as defined in

12
the Nurse Practice Act
Nursing and Advanced Practice Nursing 
13
Act, who receives an hourly wage and has direct responsibility 
14
to oversee or carry
out nursing care. For the purposes of this 
15
Section, "advanced practice nurse" does not include a certified 
16
registered nurse anesthetist who is primarily engaged in 
17
performing the duties of a nurse anesthetist.
18
    "Unforeseen emergent circumstance" means (i) any declared

19
national, State, or municipal disaster or other catastrophic 
20
event, or any implementation of a hospital's disaster plan, 
21
that will substantially affect or increase the need for health

22
care services or (ii) any circumstance in which patient care 
23
needs require specialized nursing skills through the 
24
completion of a procedure. An "unforeseen emergent 
25
circumstance" does not include situations in which the hospital 
26
fails to have enough nursing staff to meet the usual and 
 


 






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1
reasonably predictable nursing needs of its patients.
2
    (b) Mandated overtime prohibited. No nurse may be required

3
to work mandated overtime except in the case of an unforeseen 
4
emergent circumstance when such overtime is required only as a

5
last resort. Such mandated overtime shall not exceed 4 hours 
6
beyond an agreed-to, predetermined work shift.
7
    (c) Off-duty period. When a nurse is mandated to work up to 
8
12 consecutive hours, the nurse must be allowed at least 8 
9
consecutive hours of off-duty time immediately following the 
10
completion of a shift.
11
    (d) Retaliation prohibited. No hospital may discipline, 
12
discharge, or take any other adverse employment action against 
13
a nurse solely because the nurse refused to work mandated 
14
overtime as prohibited under subsection (b).
15
    (e) Violations. Any employee of a hospital that is subject

16
to this Act may file a complaint with the Department of Public 
17
Health regarding an alleged violation of this Section. The 
18
complaint must be filed within 45 days following the occurrence 
19
of the incident giving rise to the alleged violation. The 
20
Department must forward notification of the alleged violation 
21
to the hospital in question within 3 business days after the 
22
complaint is filed. Upon receiving a complaint of a violation 
23
of this Section, the Department may take any action authorized 
24
under Section 7 or 9 of this Act.
25
    (f) Proof of violation. Any violation of this Section must

26
be proved by clear and convincing evidence that a nurse was 
 


 






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1
required to work overtime against his or her will. The hospital 
2
may defeat the claim of a violation by presenting clear and 
3
convincing evidence that an unforeseen emergent circumstance, 
4
which required overtime work, existed at the time the employee 
5
was required or compelled to work.

6
(Source: P.A. 94-349, eff. 7-28-05.)

 
7
    Section 90-185. The Hospital Report Card Act is amended  by 
8
changing Section 10 as follows:
 



9
    (210 ILCS 86/10)


10
    Sec. 10. Definitions. For the purpose of this Act:

11
    "Average daily census" means the average number of 
12
inpatients
receiving
service on any given 24-hour period 
13
beginning at midnight in each clinical
service area of the

14
hospital.

15
    "Clinical service area" means a grouping of clinical 
16
services by a generic
class of
various types or levels of 
17
support functions, equipment, care, or treatment
provided to

18
inpatients. Hospitals may have, but are not required to have, 
19
the following
categories of
service: behavioral health, 
20
critical care, maternal-child care,
medical-surgical, 
21
pediatrics,
perioperative services, and telemetry.

22
    "Department" means the Department of Public Health.

23
    "Direct-care nurse" and "direct-care nursing staff" 
24
includes any registered
nurse,
licensed practical nurse, or 
 


 






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1
assistive nursing personnel with direct
responsibility to 
2
oversee or
carry out medical regimens or nursing care for one 
3
or more patient.

4
    "Hospital" means a health care facility licensed under the 
5
Hospital Licensing
Act.

6
    "Nursing care" means care that falls within the scope of 
7
practice set
forth in the
Nurse Practice Act
Nursing and 
8
Advanced Practice Nursing Act or is otherwise encompassed 
9
within
recognized
professional standards of nursing practice, 
10
including assessment, nursing
diagnosis, planning,

11
intervention, evaluation, and patient advocacy.

12
    "Retaliate" means to discipline, discharge, suspend, 
13
demote,
harass, deny
employment or promotion, lay off, or take 
14
any other adverse action against
direct-care
nursing staff as a 
15
result of that nursing staff taking any action described in

16
this
Act.

17
    "Skill mix" means the differences in licensing, specialty, 
18
and experiences
among direct-care nurses.

19
    "Staffing levels" means the numerical nurse to patient 
20
ratio by licensed
nurse
classification within a nursing 
21
department or unit.

22
    "Unit" means a functional division or area of a hospital in 
23
which nursing
care is
provided.

24
(Source: P.A. 93-563, eff. 1-1-04.)



 
25
    Section 90-190. The Illinois Dental Practice Act is amended  
 


 






09500HB0119ham001
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1
by changing Section 4 as follows:
 



2
    (225 ILCS 25/4)
  (from Ch. 111, par. 2304)


3
    (Section scheduled to be repealed on January 1, 2016)

4
    Sec. 4. Definitions. As used in this Act:

5
    (a) "Department" means the Illinois Department of 
6
Professional Regulation.

7
    (b) "Director" means the Director of Professional 
8
Regulation.

9
    (c) "Board" means the Board of Dentistry established by 
10
Section 6 of this
Act.

11
    (d) "Dentist" means a person who has received a general 
12
license pursuant
to paragraph (a) of Section 11 of this Act and 
13
who may perform any intraoral
and extraoral procedure required 
14
in the practice of dentistry and to whom is
reserved the 
15
responsibilities specified in Section 17.

16
    (e) "Dental hygienist" means a person who holds a license 
17
under this Act to
perform dental services as authorized by 
18
Section 18.

19
    (f) "Dental assistant" means an appropriately trained 
20
person
who, under the supervision of a dentist, provides dental 
21
services
as authorized by Section 17.

22
    (g) "Dental laboratory" means a person, firm or corporation 
23
which:


24
        (i) engages in making, providing, repairing or 
25
    altering dental
prosthetic appliances and other artificial 
 


 






09500HB0119ham001
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1
    materials and devices which are
returned to a dentist for 
2
    insertion into the human oral cavity or which
come in 
3
    contact with its adjacent structures and tissues; and


4
        (ii) utilizes or employs a dental technician to provide 
5
    such services; and


6
        (iii) performs such functions only for a dentist or 
7
    dentists.

8
    (h) "Supervision" means supervision of a dental hygienist 
9
or a dental
assistant requiring that a dentist authorize the 
10
procedure, remain in the
dental facility while the procedure is 
11
performed, and approve the work
performed by the dental 
12
hygienist or dental assistant before dismissal of
the patient, 
13
but does not mean that the dentist must be present at all
times 
14
in the treatment room.

15
    (i) "General supervision" means supervision of a dental 
16
hygienist
requiring that the patient be a patient of record,

17
that the dentist
examine the patient in accordance with Section 
18
18 prior to treatment by the
dental hygienist, and that the


19
dentist authorize the procedures which
are being carried
out by 
20
a notation in the patient's record, but not requiring that a 
21
dentist
be present when the authorized
procedures are being 
22
performed.  The
issuance of a prescription to a dental 
23
laboratory by a
dentist does not constitute general 
24
supervision.

25
    (j) "Public member" means a person who is not a health 
26
professional.
For purposes of board membership, any person with 
 


 






09500HB0119ham001
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1
a significant financial
interest in a health service or 
2
profession is not a public member.

3
    (k) "Dentistry" means the healing art which is concerned 
4
with the
examination, diagnosis, treatment planning and care of 
5
conditions within
the human oral cavity and its adjacent 
6
tissues and structures, as further
specified in Section 17.

7
    (l) "Branches of dentistry" means the various specialties 
8
of dentistry
which, for purposes of this Act, shall be limited 
9
to the following:
endodontics, oral and maxillofacial surgery, 
10
orthodontics and dentofacial
orthopedics, pediatric dentistry,

11
periodontics, prosthodontics, and oral and maxillofacial

12
radiology.

13
    (m) "Specialist" means a dentist who has received a 
14
specialty license
pursuant to Section 11(b).

15
    (n) "Dental technician" means a person who owns, operates 
16
or is
employed by a dental laboratory and engages in making, 
17
providing, repairing
or altering dental prosthetic appliances 
18
and other artificial materials and
devices which are returned 
19
to a dentist for insertion into the human oral
cavity or which 
20
come in contact with its adjacent structures and tissues.

21
    (o) "Impaired dentist" or "impaired dental hygienist" 
22
means a dentist
or dental hygienist who is unable to practice 
23
with
reasonable skill and safety because of a physical or 
24
mental disability as
evidenced by a written determination or 
25
written consent based on clinical
evidence, including 
26
deterioration through the aging process, loss of motor
skills, 
 


 






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1
abuse of drugs or alcohol, or a psychiatric disorder, of 
2
sufficient
degree to diminish the person's ability to deliver 
3
competent patient care.

4
    (p) "Nurse" means a registered professional nurse, a 
5
certified registered
nurse anesthetist licensed as an advanced 
6
practice
nurse, or a licensed practical nurse licensed under 
7
the Nurse Practice Act
Nursing and
Advanced Practice Nursing 
8
Act.

9
    (q) "Patient of record" means a patient for whom the 
10
patient's most recent
dentist has obtained
a
relevant medical 
11
and dental history and on whom the dentist has performed an

12
examination and evaluated the condition to be treated.

13
    (r) "Dental emergency responder" means a dentist or dental 
14
hygienist who is appropriately certified in emergency medical 
15
response, as defined by the Department of Public Health.

16
(Source: P.A. 93-821, eff. 7-28-04; 94-409, eff. 12-31-05.)


 
17
    Section 90-195. The Health Care Worker Background Check Act 
18
is amended  by changing Section 25 as follows:
 



19
    (225 ILCS 46/25)


20
    Sec. 25. Persons ineligible to be hired by health care 
21
employers and long-term care facilities. 

22
    (a) After January 1, 1996, January 1, 1997, or the 
23
effective date of this amendatory Act of the 94th General 
24
Assembly, as applicable, no
health care employer shall 
 


 






09500HB0119ham001
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1
knowingly hire, employ, or retain any
individual in a position 
2
with duties involving direct care for clients,
patients, or 
3
residents, and no long-term care facility shall knowingly hire, 
4
employ, or retain any individual in a position with duties that 
5
involve or may involve contact with residents or access to the 
6
living quarters or the financial, medical, or personal records 
7
of residents, who has been convicted of committing or 
8
attempting to
commit one or more of the offenses defined in 
9
Sections 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 
10
9-3.2, 9-3.3, 10-1, 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-6, 
11
11-9.1, 11-9.5, 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.1,

12
12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 
13
12-4.7, 12-7.4,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
14
12-19, 12-21, 12-21.6, 12-32,
12-33, 16-1, 16-1.3,
16A-3, 17-3, 
15
18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1,

16
24-1, 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961; 
17
those provided in
Section 4 of the Wrongs to Children Act; 
18
those provided in Section 53 of the
Criminal Jurisprudence Act; 
19
those defined in Section 5, 5.1, 5.2, 7, or 9 of
the Cannabis 
20
Control Act; those defined in the Methamphetamine Control and 
21
Community Protection Act; or those defined in Sections 401, 
22
401.1, 404, 405,
405.1, 407, or 407.1 of the Illinois 
23
Controlled Substances Act, unless the
applicant or employee 
24
obtains a waiver pursuant to Section 40.

25
    (a-1) After January 1, 2004, no health care employer shall 
26
knowingly hire
any individual in a position with duties 
 


 






09500HB0119ham001
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1
involving direct care for clients,
patients, or residents, and 
2
no long-term care facility shall knowingly hire any individual 
3
in a position with duties that involve or may involve contact 
4
with residents or access to the living quarters or the 
5
financial, medical, or personal records of residents, who has 
6
(i) been convicted of committing or attempting
to commit one or 
7
more of the offenses defined in Section 12-3.3, 12-4.2-5,
16-2, 
8
16G-15, 16G-20, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 
9
24-3.2, or 24-3.3
of the Criminal Code of 1961; Section 4, 5, 
10
6, 8, or 17.02 of the Illinois
Credit Card and Debit Card Act; 
11
or Section 5.1 of the Wrongs to Children Act;
or (ii) violated 
12
Section 5-50 of the Nurse Practice Act
Section 10-5 of  the 
13
Nursing and Advanced Practice Nursing Act.

14
    A UCIA criminal history record check need not be redone for 
15
health care
employees who have been continuously employed by a 
16
health care employer since
January 1, 2004, but nothing in this 
17
Section prohibits a health care employer
from initiating a 
18
criminal history check for these employees.

19
    A health care employer is not required to retain an 
20
individual in a position
with duties involving direct care for 
21
clients, patients, or residents, and no long-term care facility 
22
is required to retain an  individual in a position with duties 
23
that involve or may involve contact with residents or access to 
24
the living quarters or the financial, medical, or personal 
25
records of residents, who has
been convicted of committing or 
26
attempting to commit one or more of
the offenses enumerated in 
 


 






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1
this subsection.

2
    (b) A health care employer shall not hire, employ, or 
3
retain any
individual in a position with duties involving 
4
direct care of clients,
patients, or residents, and no 
5
long-term care facility shall knowingly hire, employ, or retain 
6
any individual in a position with duties that involve or may 
7
involve contact with residents or access to the living quarters 
8
or the financial, medical, or personal records of residents, if 
9
the health care employer becomes aware that the
individual has 
10
been convicted in another state of committing or attempting to

11
commit an offense that has the same or similar elements as an 
12
offense listed in
subsection (a) or (a-1), as verified by court 
13
records, records from a state
agency, or an FBI criminal 
14
history record check. This shall not be construed to
mean that 
15
a health care employer has an obligation to conduct a criminal

16
history records check in other states in which an employee has 
17
resided.

18
(Source: P.A. 93-224, eff. 7-18-03; 94-556, eff. 9-11-05; 
19
94-665, eff. 1-1-06; 94-1053, eff. 7-24-06.)


 
20
    Section 90-200. The Health Care Worker Self-Referral Act is 
21
amended  by changing Section 15 as follows:
 



22
    (225 ILCS 47/15)


23
    Sec. 15. Definitions. In this Act:

24
    (a) "Board" means the Health Facilities Planning Board.

 


 






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1
    (b) "Entity" means any individual, partnership, firm, 
2
corporation, or
other business that provides health services 
3
but does not include an
individual who is a health care worker 
4
who provides professional services
to an individual.

5
    (c) "Group practice" means a group of 2 or more health care 
6
workers
legally organized as a partnership, professional 
7
corporation,
not-for-profit corporation, faculty
practice plan 
8
or a similar association in which:


9
        (1) each health care worker who is a member or employee 
10
    or an
independent contractor of the group provides

11
    substantially the full range of services that the health 
12
    care worker
routinely provides, including consultation, 
13
    diagnosis, or treatment,
through the use of office space, 
14
    facilities, equipment, or personnel of the
group;


15
        (2) the services of the health care workers
are 
16
    provided through the group, and payments received for 
17
    health
services are treated as receipts of the group; and


18
        (3) the overhead expenses and the income from the 
19
    practice are
distributed by methods previously determined 
20
    by the group.

21
    (d) "Health care worker" means any individual licensed 
22
under the laws of
this State to provide health services, 
23
including but not limited to:
dentists licensed under the 
24
Illinois Dental Practice Act; dental hygienists
licensed under 
25
the Illinois Dental Practice Act; nurses and advanced practice

26
nurses licensed under the Nurse Practice Act
Nursing and 
 


 






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1
Advanced Practice Nursing Act;
occupational therapists 
2
licensed under
the
Illinois Occupational Therapy Practice Act; 
3
optometrists licensed under the
Illinois Optometric Practice 
4
Act of 1987; pharmacists licensed under the
Pharmacy Practice 
5
Act of 1987; physical therapists licensed under the
Illinois 
6
Physical Therapy Act; physicians licensed under the Medical

7
Practice Act of 1987; physician assistants licensed under the  
8
Physician
Assistant Practice Act of 1987; podiatrists licensed 
9
under the Podiatric
Medical Practice Act of 1987; clinical 
10
psychologists licensed under the
Clinical Psychologist 
11
Licensing Act; clinical social workers licensed under
the 
12
Clinical Social Work and Social Work Practice Act; 
13
speech-language
pathologists and audiologists licensed under 
14
the Illinois Speech-Language
Pathology and Audiology Practice 
15
Act; or hearing instrument
dispensers licensed
under the 
16
Hearing Instrument Consumer Protection Act, or any of
their 
17
successor Acts.

18
    (e) "Health services" means health care procedures and 
19
services
provided by or through a health care worker.

20
    (f) "Immediate family member" means a health care worker's 
21
spouse,
child, child's spouse, or a parent.

22
    (g) "Investment interest" means an equity or debt security 
23
issued by an
entity, including, without limitation, shares of 
24
stock in a corporation,
units or other interests in a 
25
partnership, bonds, debentures, notes, or
other equity 
26
interests or debt instruments except that investment interest

 


 






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1
for purposes of Section 20 does not include interest in a 
2
hospital licensed
under the laws of the State of Illinois.

3
    (h) "Investor" means an individual or entity directly or 
4
indirectly
owning a legal or beneficial ownership or investment 
5
interest, (such as
through an immediate family member, trust, 
6
or another entity related to the investor).

7
    (i) "Office practice" includes the facility or facilities 
8
at which a health
care worker, on an ongoing basis, provides or 
9
supervises the provision of
professional health services to 
10
individuals.

11
    (j) "Referral" means any referral of a patient for health 
12
services,
including, without limitation:


13
        (1) The forwarding of a patient by one health care 
14
    worker to another
health care worker or to an entity 
15
    outside the health care worker's office
practice or group 
16
    practice that provides health services.


17
        (2) The request or establishment by a health care

18
    worker of a plan of care outside the health care worker's 
19
    office practice
or group practice
that includes the 
20
    provision of any health services.

21
(Source: P.A. 89-72, eff. 12-31-95; 90-742, eff. 8-13-98.)



 
22
    Section 90-205. The Medical Practice Act of 1987 is amended  
23
by changing Section 54.5 as follows:
 



24
    (225 ILCS 60/54.5)


 


 






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1
    (Section scheduled to be repealed on December 31, 2008)

2
    Sec. 54.5. Physician delegation of authority. 

3
    (a) Physicians licensed to practice medicine in all its

4
branches may delegate care and treatment responsibilities to a

5
physician assistant under guidelines in accordance with the

6
requirements of  the Physician Assistant Practice Act of
1987.  A 
7
physician licensed to practice medicine in all its
branches may 
8
enter into supervising physician agreements with
no more than 2 
9
physician assistants.

10
    (b) A physician licensed to practice medicine in all its

11
branches in active clinical practice may collaborate with an 
12
advanced practice
nurse in accordance with the requirements of 
13
the Nurse Practice Act
Title 15 of
the  Nursing and Advanced 
14
Practice Nursing Act.  Collaboration
is for the purpose of 
15
providing medical direction,
and no employment relationship is 
16
required.  A
written collaborative agreement shall
conform to 
17
the requirements of Section 10-120 of the Nurse Practice Act

18
Sections 15-15 and 15-20
of  the Nursing and
Advanced Practice 
19
Nursing Act.  The written collaborative agreement shall
be for

20
services the collaborating physician generally provides to
his 
21
or her patients in the normal course of clinical medical 
22
practice.
 Physician medical direction shall be adequate with 
23
respect to collaboration
with certified nurse practitioners, 
24
certified nurse midwives, and clinical
nurse
specialists if a 
25
collaborating physician:


26
        (1) participates in the joint formulation and joint 
 


 






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1
    approval of orders or
guidelines with the advanced practice 
2
    nurse and periodically reviews such
orders and the services

3
    provided patients under such orders in accordance with 
4
    accepted standards of
medical practice and advanced 
5
    practice nursing practice;


6
        (2) is on site at least once a month to provide medical 
7
    direction and
consultation; and


8
        (3) is available through telecommunications for 
9
    consultation on medical
problems, complications, or 
10
    emergencies or patient referral.

11
    (b-5) An anesthesiologist or physician licensed to 
12
practice medicine in
all its branches may collaborate with a 
13
certified registered nurse anesthetist
in accordance with the 
14
Nurse Practice Act
Section 15-25 of  the Nursing and Advanced 
15
Practice Nursing
Act.  Medical direction for a certified 
16
registered nurse anesthetist shall be
adequate if:


17
        (1) an anesthesiologist or a physician
participates in 
18
    the joint formulation and joint approval of orders or

19
    guidelines and periodically reviews such orders and the 
20
    services provided
patients under such orders; and


21
        (2) for anesthesia services, the anesthesiologist
or 
22
    physician participates through discussion of and agreement 
23
    with the
anesthesia plan and is physically present and 
24
    available on the premises during
the delivery of anesthesia 
25
    services for
diagnosis, consultation, and treatment of 
26
    emergency medical conditions.
Anesthesia services in a 
 


 






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1
    hospital shall be conducted in accordance with
Section 10.7 
2
    of the Hospital Licensing Act and in an ambulatory surgical

3
    treatment center in accordance with Section 6.5 of the 
4
    Ambulatory Surgical
Treatment Center Act.

5
    (b-10) The anesthesiologist or operating physician must 
6
agree with the
anesthesia plan prior to the delivery of 
7
services.

8
    (c) The supervising physician shall have access to the

9
medical records of all patients attended by a physician

10
assistant.  The collaborating physician shall have access to
the 
11
medical records of all patients attended to by an
advanced 
12
practice nurse.

13
    (d) Nothing in this Act
shall be construed to limit the 
14
delegation of
tasks or duties by a physician licensed to 
15
practice medicine
in all its branches to a licensed practical 
16
nurse, a registered professional
nurse, or other personnel.

17
    (e) A physician shall not be liable for the acts or

18
omissions of a physician assistant or advanced practice
nurse 
19
solely on the basis of having signed a
supervision agreement or 
20
guidelines or a collaborative
agreement, an order, a standing 
21
medical order, a
standing delegation order, or other order or 
22
guideline
authorizing a physician assistant or advanced 
23
practice
nurse to perform acts, unless the physician has
reason 
24
to believe the physician assistant or advanced
practice nurse 
25
lacked the competency to perform
the act or acts or commits 
26
willful and wanton misconduct.

 


 






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1
(Source: P.A. 90-742, eff. 8-13-98; 91-414, eff. 8-6-99.)



 
2
    Section 90-210. The Nursing Home Administrators Licensing 
3
and Disciplinary Act is amended  by changing Section 4 as 
4
follows:
 



5
    (225 ILCS 70/4)  (from Ch. 111, par. 3654)


6
    (Section scheduled to be repealed on January 1, 2008)

7
    Sec. 4. Definitions. For purposes of this Act, the 
8
following
definitions shall have the following meanings, 
9
except where the context
requires otherwise:


10
        (1) "Act" means the Nursing Home Administrators 
11
    Licensing and
Disciplinary Act.


12
        (2) "Department" means the Department of Professional

13
    Regulation.


14
        (3) "Director" means the Director of Professional

15
    Regulation.


16
        (4) "Board" means the Nursing Home Administrators 
17
    Licensing
and Disciplinary Board appointed by the 
18
    Governor.


19
        (5) "Nursing home administrator" means the individual 
20
    licensed
under this
Act and directly responsible for 
21
    planning, organizing, directing and
supervising the 
22
    operation of a nursing home, or who in fact performs such

23
    functions, whether or not such functions are delegated to 
24
    one or more
other persons.


 


 






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1
        (6) "Nursing home" or "facility" means any entity that 
2
    is required to be
licensed by the Department of Public 
3
    Health under the Nursing Home
Care Act, as amended, other 
4
    than a sheltered care home as
defined thereunder, and 
5
    includes private homes, institutions,
buildings,

6
    residences, or other places, whether operated for profit or 
7
    not,
irrespective of the names attributed to them, county 
8
    homes for the infirm
and chronically ill operated pursuant 
9
    to the County Nursing Home Act, as
amended, and any similar 
10
    institutions operated by a political subdivision
of the 
11
    State of Illinois that provide, though their ownership or

12
    management, maintenance, personal care, and nursing for 3 
13
    or more persons,
not related to the owner by blood or 
14
    marriage, or any similar facilities in
which maintenance is 
15
    provided to 3 or more persons who by reason of illness
of 
16
    physical infirmity require personal care and nursing.


17
        (7) "Maintenance" means food, shelter and laundry.


18
        (8) "Personal care" means assistance with meals, 
19
    dressing,
movement,
bathing, or other personal needs, or 
20
    general supervision of
the physical and
mental well-being 
21
    of an individual who because of age, physical, or mental

22
    disability, emotion or behavior disorder, or mental 
23
    retardation is
incapable of managing his or her person, 
24
    whether or not a guardian has been
appointed for such 
25
    individual. For the purposes of this Act, this
definition 
26
    does not include the professional services of a nurse.


 


 






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1
        (9) "Nursing" means professional nursing or practical 
2
    nursing,
as those terms are defined in the Nurse Practice 
3
    Act
Nursing and Advanced Practice Nursing Act,
for sick or 
4
    infirm persons who are under the care
and supervision of 
5
    licensed physicians or dentists.


6
        (10) "Disciplinary action" means revocation, 
7
    suspension,
probation, supervision, reprimand, required 
8
    education, fines or
any other action taken by the 
9
    Department against a person holding a
license.


10
        (11) "Impaired" means the inability to practice with

11
    reasonable skill and
safety due to physical or mental 
12
    disabilities as evidenced by a written
determination or 
13
    written consent based on clinical evidence including

14
    deterioration through the aging process or loss of motor 
15
    skill, or abuse of
drugs or alcohol, of sufficient degree 
16
    to diminish a person's ability to
administer a nursing 
17
    home.

18
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)



 
19
    Section 90-215. The Pharmacy Practice Act of 1987 is 
20
amended  by changing Section 4 as follows:
 



21
    (225 ILCS 85/4)  (from Ch. 111, par. 4124)


22
    (Section scheduled to be repealed on January 1, 2008)

23
    Sec. 4. Exemptions. Nothing contained in any Section of 
24
this Act shall
apply
to, or in any manner interfere with:

 


 






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1
    (a) the lawful practice of any physician licensed to 
2
practice medicine in
all of its branches, dentist, podiatrist,

3
veterinarian, or therapeutically or diagnostically certified 
4
optometrist within
the limits of
his or her license, or prevent 
5
him or her from
supplying to his
or her
bona fide patients
such 
6
drugs, medicines, or poisons as may seem to him appropriate;

7
    (b) the sale of compressed gases;

8
    (c) the sale of patent or proprietary medicines and 
9
household remedies
when sold in original and unbroken packages 
10
only, if such patent or
proprietary medicines and household 
11
remedies be properly and adequately
labeled as to content and 
12
usage and generally considered and accepted
as harmless and 
13
nonpoisonous when used according to the directions
on the 
14
label, and also do not contain opium or coca leaves, or any

15
compound, salt or derivative thereof, or any drug which, 
16
according
to the latest editions of the following authoritative 
17
pharmaceutical
treatises and standards, namely, The United 
18
States Pharmacopoeia/National
Formulary (USP/NF), the United 
19
States Dispensatory, and the Accepted
Dental Remedies of the 
20
Council of Dental Therapeutics of the American
Dental 
21
Association or any or either of them, in use on the effective

22
date of this Act, or according to the existing provisions of 
23
the Federal
Food, Drug, and Cosmetic Act and Regulations of the 
24
Department of Health
and Human Services, Food and Drug 
25
Administration, promulgated thereunder
now in effect, is 
26
designated, described or considered as a narcotic,
hypnotic, 
 


 






09500HB0119ham001
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1
habit forming, dangerous, or poisonous drug;

2
    (d) the sale of poultry and livestock remedies in original 
3
and unbroken
packages only, labeled for poultry and livestock 
4
medication;

5
    (e) the sale of poisonous substances or mixture of 
6
poisonous substances,
in unbroken packages, for nonmedicinal 
7
use in the arts or industries
or for insecticide purposes; 
8
provided, they are properly and adequately
labeled as to 
9
content and such nonmedicinal usage, in conformity
with the 
10
provisions of all applicable federal, state and local laws
and 
11
regulations promulgated thereunder now in effect relating 
12
thereto
and governing the same, and those which are required 
13
under such applicable
laws and regulations to be labeled with 
14
the word "Poison", are also labeled
with the word "Poison" 
15
printed
thereon in prominent type and the name of a readily 
16
obtainable antidote
with directions for its administration;

17
    (f) the delegation of limited prescriptive authority by a 
18
physician
licensed to
practice medicine in all its branches to 
19
a physician assistant
under Section 7.5 of the Physician 
20
Assistant Practice Act of 1987. This
delegated authority may 
21
but is not required to include prescription of
Schedule III, 
22
IV, or V controlled substances, as defined in Article II of the

23
Illinois Controlled Substances Act, in accordance with written 
24
guidelines
under Section 7.5 of the Physician Assistant 
25
Practice Act of 1987; and

26
    (g) The delegation of limited prescriptive authority by a 
 


 






09500HB0119ham001
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1
physician
licensed to practice medicine in all its branches to 
2
an advanced practice
nurse in accordance with a written 
3
collaborative
agreement under  Section 10-120 of the Nurse 
4
Practice Act
Sections 15-15 and 15-20 of the Nursing and 
5
Advanced
Practice Nursing Act.  This delegated authority may but 
6
is not required to
include the prescription of Schedule III, 
7
IV, or V controlled substances as
defined
in Article II of the 
8
Illinois Controlled Substances Act.

9
(Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;

10
90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)



 
11
    Section 90-220. The Illinois Physical Therapy Act is 
12
amended  by changing Section 1 as follows:
 



13
    (225 ILCS 90/1)  (from Ch. 111, par. 4251)


14
    (Section scheduled to be repealed on January 1, 2016)

15
    Sec. 1. Definitions. As used in this Act:

16
    (1) "Physical therapy" means all of the following:
17
        (A) Examining, evaluating, and testing individuals who 
18
    may have mechanical, physiological, or developmental 
19
    impairments, functional limitations, disabilities, or 
20
    other health and movement-related conditions, classifying 
21
    these disorders, determining a rehabilitation prognosis 
22
    and plan of therapeutic intervention, and assessing the 
23
    on-going effects of the interventions.
24
        (B) Alleviating impairments, functional limitations, 
 


 






09500HB0119ham001
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1
    or disabilities by designing, implementing, and modifying 
2
    therapeutic interventions that may include, but are not 
3
    limited to, the evaluation or treatment of a person through 
4
    the use of the effective properties of physical measures 
5
    and heat, cold, light, water, radiant energy, electricity, 
6
    sound, and air and use of therapeutic massage, therapeutic 
7
    exercise, mobilization, and rehabilitative procedures, 
8
    with or without assistive devices, for the purposes of 
9
    preventing, correcting, or alleviating a physical or 
10
    mental impairment, functional limitation, or disability.
11
        (C) Reducing the risk of injury, impairment, 
12
    functional limitation, or disability, including the 
13
    promotion and maintenance of fitness, health, and 
14
    wellness.
15
        (D) Engaging in administration, consultation, 
16
    education, and research.


17
    Physical therapy
includes, but is not limited to:  (a) 
18
performance
of specialized tests and measurements, (b) 
19
administration of specialized
treatment procedures, (c) 
20
interpretation of referrals from physicians, dentists, 
21
advanced practice nurses, physician assistants,
and 
22
podiatrists, (d) establishment, and modification of physical 
23
therapy
treatment programs, (e) administration of topical 
24
medication used in generally
accepted physical therapy 
25
procedures when such medication is prescribed
by the patient's 
26
physician, licensed to practice medicine in all its branches,

 


 






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1
the patient's physician licensed to practice podiatric 
2
medicine, the patient's advanced practice nurse, the patient's 
3
physician assistant, or the
patient's dentist, and (f) 
4
supervision or teaching of physical therapy.
Physical therapy 
5
does not include radiology, electrosurgery, chiropractic

6
technique or determination of a differential
diagnosis; 
7
provided, however,
the limitation on determining a 
8
differential diagnosis shall not in any
manner limit a physical 
9
therapist licensed under this Act from performing
an evaluation 
10
pursuant to such license. Nothing in this Section shall limit
a 
11
physical therapist from employing appropriate physical therapy 
12
techniques
that he or she is educated and licensed to perform.  
13
A physical therapist
shall refer to a licensed physician, 
14
advanced practice nurse, physician assistant, dentist, or 
15
podiatrist any patient
whose medical condition should, at the 
16
time of evaluation or treatment, be
determined to be beyond the 
17
scope of practice of the physical therapist.

18
    (2) "Physical therapist" means a person who practices 
19
physical therapy
and who has met all requirements as provided 
20
in this Act.

21
    (3) "Department" means the Department of Professional 
22
Regulation.

23
    (4) "Director" means the Director of Professional 
24
Regulation.

25
    (5) "Board" means the Physical Therapy Licensing and 
26
Disciplinary Board approved
by the Director.

 


 






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1
    (6) "Referral" means a written or oral authorization for 
2
physical therapy services for a patient by a physician, 
3
dentist, advanced practice nurse, physician assistant, or 
4
podiatrist who maintains medical supervision of the patient and 
5
makes a diagnosis or verifies that the patient's condition is 
6
such that it may be treated by a physical therapist.

7
    (7) "Documented current and relevant diagnosis" for the 
8
purpose of
this Act means a diagnosis, substantiated by 
9
signature or oral verification
of a physician, dentist, 
10
advanced practice nurse, physician assistant, or podiatrist, 
11
that a patient's condition is such
that it may be treated by 
12
physical therapy as defined in this Act, which
diagnosis shall 
13
remain in effect until changed by the physician, dentist, 
14
advanced practice nurse, physician assistant,
or podiatrist.

15
    (8) "State" includes:


16
        (a) the states of the United States of America;


17
        (b) the District of Columbia; and


18
        (c) the Commonwealth of Puerto Rico.

19
    (9) "Physical therapist assistant" means a person licensed 
20
to assist a
physical therapist and who has met all requirements 
21
as provided in this Act
and who works under the supervision of 
22
a licensed physical therapist to assist
in implementing the 
23
physical therapy treatment program as established by the

24
licensed physical therapist.  The patient care activities 
25
provided by the
physical therapist assistant shall not include 
26
the interpretation of referrals,
evaluation procedures, or the 
 


 






09500HB0119ham001
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1
planning or major modification of patient programs.

2
    (10) "Physical therapy aide" means a person who has 
3
received on
the job training, specific to the facility in which 
4
he is employed, but who
has not completed an approved physical 
5
therapist assistant program.

6
    (11) "Advanced practice nurse" means a person licensed 
7
under  the Nurse Practice Act
Nursing and Advanced Practice 
8
Nursing Act who has a collaborative agreement with a 
9
collaborating physician that authorizes referrals to physical 
10
therapists.
11
    (12) "Physician assistant" means a person licensed under 
12
the Physician Assistant Practice Act of 1987 who has been 
13
delegated authority to make referrals to physical therapists.

14
(Source: P.A. 93-1010, eff. 8-24-04; 94-651, eff. 1-1-06.)


 
15
    Section 90-225. The Respiratory Care Practice Act is 
16
amended  by changing Section 10 as follows:
 



17
    (225 ILCS 106/10)


18
    (Section scheduled to be repealed on January 1, 2016)

19
    Sec. 10. Definitions. In this Act:

20
    "Advanced practice nurse" means an advanced practice nurse 
21
licensed under the Nurse Practice Act
Nursing and Advanced 
22
Practice Nursing Act.

23
    "Board" means the Respiratory Care Board appointed by the 
24
Director.
 


 






09500HB0119ham001
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1
    "Basic respiratory care activities" means and includes all 
2
of the following activities:
3
                (1) Cleaning, disinfecting, and sterilizing equipment 
4
    used in the practice of respiratory care as delegated by a 
5
    licensed health care professional or other authorized 
6
    licensed personnel.
7
        (2) Assembling equipment used in the practice of 
8
    respiratory care as delegated by a licensed health care 
9
    professional or other authorized licensed personnel.
10
        (3) Collecting and reviewing patient data through 
11
    non-invasive means, provided that the collection and 
12
    review does not include the individual's interpretation of 
13
    the clinical significance of the data. Collecting and 
14
    reviewing patient data includes the performance of pulse 
15
    oximetry and non-invasive monitoring procedures in order 
16
    to obtain vital signs and notification to licensed health 
17
    care professionals and other authorized licensed personnel 
18
    in a timely manner.
19
        (4) Maintaining a nasal cannula or face mask for oxygen 
20
    therapy in the proper position on the patient's face.
21
        (5) Assembling a nasal cannula or face mask for oxygen 
22
    therapy at patient bedside in preparation for use.
23
        (6) Maintaining a patient's natural airway by 
24
    physically manipulating the jaw and neck, suctioning the 
25
    oral cavity, or suctioning the mouth or nose with a bulb 
26
    syringe.
 


 






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        (7) Performing assisted ventilation during emergency 
2
    resuscitation using a manual resuscitator.
3
        (8) Using a manual resuscitator at the direction of a 
4
    licensed health care professional or other authorized 
5
    licensed personnel who is present and performing routine 
6
    airway suctioning. These activities do not include care of 
7
    a patient's artificial airway or the adjustment of 
8
    mechanical ventilator settings while a patient is 
9
    connected to the ventilator.


10
"Basic respiratory care activities" does not mean activities 
11
that involve any of the following:

12
        (1) Specialized knowledge that results from a course of 
13
    education or training in respiratory care.
14
        (2) An unreasonable risk of a negative outcome for the 
15
    patient.
16
        (3) The assessment or making of a decision concerning 
17
    patient care.
18
        (4) The administration of aerosol medication or 
19
    oxygen.
20
        (5) The insertion and maintenance of an artificial 
21
    airway.
22
        (6) Mechanical ventilatory support.
23
        (7) Patient assessment.
24
        (8) Patient education.

25
    "Department" means the Department of Professional 
26
Regulation.

 


 






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1
    "Director" means the Director of
Professional Regulation.

2
    "Licensed" means that which is required to hold oneself
out 
3
as
a respiratory care
practitioner as defined in this Act.

4
    "Licensed health care professional" means a physician 
5
licensed to practice medicine in all its branches, an advanced 
6
practice nurse who has a written collaborative agreement with a 
7
collaborating physician that authorizes the advanced practice 
8
nurse to transmit orders to a respiratory care practitioner, or 
9
a physician assistant who has been delegated the authority to 
10
transmit orders to a respiratory care practitioner by his or 
11
her supervising physician.

12
    "Order" means a written, oral, or telecommunicated 
13
authorization for respiratory care services for a patient by 
14
(i) a licensed health care professional who maintains medical 
15
supervision of the patient and makes a diagnosis or verifies 
16
that the patient's condition is such that it may be treated by 
17
a respiratory care practitioner or (ii) a certified registered 
18
nurse anesthetist in a licensed hospital or ambulatory surgical 
19
treatment center.

20
    "Other authorized licensed personnel" means a licensed 
21
respiratory care practitioner, a licensed registered nurse, or 
22
a licensed practical nurse whose scope of practice authorizes 
23
the professional to supervise an individual who is not 
24
licensed, certified, or registered as a health professional.
25
    "Proximate supervision" means a situation in which an 
26
individual is
         responsible for directing the actions of another 
 


 






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1
individual in the facility and is physically close enough to be 
2
readily available, if needed, by the supervised individual.

3
    "Respiratory care" and "cardiorespiratory care"
mean 
4
preventative services, evaluation and assessment services, 
5
therapeutic services, and rehabilitative services under the 
6
order of a licensed health care professional or a certified 
7
registered nurse anesthetist in a licensed hospital for an 
8
individual with a disorder, disease, or abnormality of the 
9
cardiopulmonary system.  These terms include, but are not 
10
limited to, measuring, observing, assessing, and monitoring 
11
signs and symptoms, reactions, general behavior, and general 
12
physical response of individuals to respiratory care services, 
13
including the determination of whether those signs, symptoms, 
14
reactions, behaviors, or general physical responses exhibit 
15
abnormal characteristics; the administration of 
16
pharmacological and therapeutic agents related to respiratory 
17
care services; the collection of blood specimens and other 
18
bodily fluids and tissues for, and the performance of, 
19
cardiopulmonary diagnostic testing procedures, including, but 
20
not limited to, blood gas analysis; development, 
21
implementation, and modification of respiratory care treatment 
22
plans based on assessed abnormalities of the cardiopulmonary 
23
system, respiratory care guidelines, referrals, and orders of a 
24
licensed health care professional; application, operation, and 
25
management of mechanical ventilatory support and other means of 
26
life support; and the initiation of emergency procedures under 
 


 






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the rules promulgated by the Department. A respiratory care 
2
practitioner shall refer to a physician licensed to practice 
3
medicine in all its branches any patient whose condition, at 
4
the time of evaluation or treatment, is determined to be beyond 
5
the scope of practice of the respiratory care practitioner.

6
    "Respiratory care education program" means a course of 
7
academic study leading
to eligibility for registry or 
8
certification in respiratory care.  The training
is to be 
9
approved by an accrediting agency recognized by the Board and 
10
shall
include an evaluation of competence through a 
11
standardized testing mechanism
that is determined by the Board 
12
to be both valid and reliable.

13
    "Respiratory care practitioner" means a person who is 
14
licensed by the
Department of Professional Regulation and meets 
15
all of the following
criteria:


16
        (1) The person is engaged in the practice of 
17
    cardiorespiratory care and
has the knowledge and skill 
18
    necessary to administer respiratory care.


19
        (2) The person is capable of serving as a resource to 
20
    the
licensed
health care professional in
relation to the 
21
    technical aspects of cardiorespiratory care and the safe 
22
    and
effective methods for administering cardiorespiratory 
23
    care modalities.


24
        (3) The person is able to function in situations of 
25
    unsupervised patient
contact requiring great individual 
26
    judgment.

 


 






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1
(Source: P.A. 94-523, eff. 1-1-06.)


 
2
    Section 90-230. The Barber, Cosmetology, Esthetics, and 
3
Nail
Technology Act of 1985 is amended  by changing Section 1-11 
4
as follows:
 



5
    (225 ILCS 410/1-11)  (from Ch. 111, par. 1701-11)


6
    (Section scheduled to be repealed on January 1, 2016)

7
    Sec. 1-11. Exceptions to Act. 

8
    (a) Nothing in this Act shall be construed to apply to the 
9
educational
activities conducted in connection with any 
10
monthly, annual or other
special educational program of any 
11
bona fide association of licensed
cosmetologists, 
12
estheticians, nail technicians, or barbers, or
licensed 
13
cosmetology, esthetics, nail technology, or barber
schools 
14
from which the general public is excluded.

15
    (b) Nothing in this Act shall be construed to apply to the 
16
activities
and services of registered nurses or licensed 
17
practical nurses, as defined in
the Nurse Practice Act
Nursing 
18
and Advanced Practice Nursing Act, or to personal care or 
19
health
care services
provided by individuals in the performance 
20
of their duties as employed or
authorized by facilities or 
21
programs licensed or certified by State agencies.
As used in 
22
this subsection (b), "personal care" means assistance with 
23
meals,
dressing, movement, bathing, or other personal needs or 
24
maintenance or general
supervision and oversight of the 
 


 






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1
physical and mental well-being of an
individual who is 
2
incapable of maintaining a private,
independent residence or 
3
who is incapable of managing his or her person whether
or not a 
4
guardian has been appointed for that individual.
The definition 
5
of "personal care" as used in this subsection (b) shall not

6
otherwise be construed to negate the requirements of this Act 
7
or its rules.

8
    (c) Nothing in this Act shall be deemed to require 
9
licensure of
individuals employed by the motion picture, film, 
10
television, stage play or
related industry for the purpose of 
11
providing cosmetology or esthetics
services to actors of that 
12
industry while engaged in the practice of
cosmetology or 
13
esthetics as a part of that person's employment.

14
(Source: P.A. 90-580, eff. 5-21-98; 90-742, eff.
8-13-98; 
15
91-357, eff. 7-29-99.)



 
16
    Section 90-235. The Nurse Agency Licensing Act is amended  
17
by changing Section 3 as follows:
 



18
    (225 ILCS 510/3)  (from Ch. 111, par. 953)


19
    Sec. 3. Definitions. As used in this Act:

20
    (a) "Certified nurse aide" means an individual certified as 
21
defined in
Section 3-206 of the Nursing Home Care Act, as now 
22
or hereafter amended.

23
    (b) "Department" means the Department of Labor.

24
    (c) "Director" means the Director of Labor.

 


 






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1
    (d) "Health care facility" is defined as in Section 3 of 
2
the Illinois
Health Facilities Planning Act, as now or 
3
hereafter amended.

4
    (e) "Licensee" means any nursing agency which is properly 
5
licensed under
this Act.

6
    (f) "Nurse" means a registered nurse or a licensed 
7
practical nurse as
defined in the Nurse Practice Act
Nursing 
8
and Advanced Practice Nursing Act.

9
    (g) "Nurse agency" means any individual, firm, 
10
corporation,
partnership or other legal entity that employs, 
11
assigns or refers nurses
or certified nurse aides to a health 
12
care facility for a
fee.  The term "nurse agency" includes 
13
nurses registries.  The term "nurse
agency" does not include 
14
services provided by home
health agencies licensed and operated 
15
under the Home Health, Home Services, and Home Nursing Agency

16
Licensing Act or a licensed or certified
individual who 
17
provides his or her own services as a regular employee of a

18
health care facility, nor does it apply to a health care 
19
facility's
organizing nonsalaried employees to provide 
20
services only in that
facility.

21
(Source: P.A. 94-379, eff. 1-1-06.)


 
22
    Section 90-240. The Illinois Public Aid Code is amended  by 
23
changing Section 8A-7.1 as follows:
 



24
    (305 ILCS 5/8A-7.1)  (from Ch. 23, par. 8A-7.1)


 


 






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1
    Sec. 8A-7.1. The Director, upon making a
determination 
2
based upon information in the possession of the Illinois

3
Department, that continuation in practice of a licensed health 
4
care
professional would constitute an immediate danger to the 
5
public, shall submit
a written communication to the Director of 
6
Professional Regulation indicating
such determination and

7
additionally providing a complete summary of the information 
8
upon which
such determination is based, and recommending that 
9
the Director of
Professional Regulation immediately suspend 
10
such person's
license.  All relevant evidence, or copies 
11
thereof, in the Illinois
Department's possession may also be 
12
submitted in conjunction with the written
communication.  A copy 
13
of such written communication, which is exempt from
the copying 
14
and inspection provisions of the Freedom of Information Act,

15
shall at the time of submittal to the Director
of Professional 
16
Regulation
be simultaneously mailed to the last known business 
17
address of such licensed
health care professional by certified 
18
or registered postage, United States
Mail, return receipt 
19
requested.  Any evidence, or copies thereof, which is
submitted 
20
in conjunction with the written communication is also exempt 
21
from
the copying and inspection provisions of the Freedom of 
22
Information Act.

23
    The Director, upon making a determination based upon 
24
information in the
possession of the Illinois Department, that 
25
a licensed health care
professional is willfully committing 
26
fraud upon the Illinois Department's
medical assistance 
 


 






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1
program, shall submit a written communication to the
Director 
2
of Professional Regulation indicating such
determination and 
3
additionally providing a complete summary of the
information 
4
upon which such determination is based.  All relevant evidence,

5
or copies thereof, in the Illinois Department's possession may 
6
also be
submitted in conjunction with the written 
7
communication.

8
    Upon receipt of such written communication, the Director of

9
Professional Regulation shall promptly investigate the

10
allegations contained in such written communication.  A copy of 
11
such
written communication, which is exempt from the copying 
12
and inspection
provisions of the Freedom of Information Act, 
13
shall at the time of
submission to the Director of Professional 
14
Regulation,
be simultaneously mailed to the last known address 
15
of such licensed health
care professional by certified or 
16
registered postage, United States Mail,
return receipt 
17
requested.  Any evidence, or copies thereof, which
is submitted 
18
in conjunction with the written communication is also exempt

19
from the copying and inspection provisions of the Freedom of 
20
Information Act.

21
    For the purposes of this Section, "licensed health care 
22
professional"
means any person licensed under the Illinois 
23
Dental Practice Act, the Nurse Practice Act
Nursing
and 
24
Advanced Practice Nursing Act, the Medical Practice Act of 
25
1987, the
Pharmacy Practice Act of 1987, the Podiatric Medical 
26
Practice Act of 1987,
or the Illinois Optometric Practice Act 
 


 






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1
of 1987.

2
(Source: P.A. 92-651, eff. 7-11-02.)



 
3
    Section 90-245. The Elder Abuse and Neglect Act is amended  
4
by changing Section 2 as follows:
 



5
    (320 ILCS 20/2)  (from Ch. 23, par. 6602)


6
    Sec. 2. Definitions. As used in this Act, unless the 
7
context
requires otherwise:

8
    (a) "Abuse" means causing any physical, mental or sexual 
9
injury to an
eligible adult, including exploitation of such 
10
adult's financial resources.

11
    Nothing in this Act shall be construed to mean that an 
12
eligible adult is a
victim of abuse, neglect, or self-neglect 
13
for the sole reason that he or she is being
furnished with or 
14
relies upon treatment by spiritual means through prayer
alone, 
15
in accordance with the tenets and practices of a recognized 
16
church
or religious denomination.

17
    Nothing in this Act shall be construed to mean that an 
18
eligible adult is a
victim of abuse because of health care 
19
services provided or not provided by
licensed health care 
20
professionals.

21
    (a-5) "Abuser" means a person who abuses, neglects, or 
22
financially
exploits an eligible adult.

23
    (a-7) "Caregiver" means a person who either as a result of 
24
a family
relationship, voluntarily, or in exchange for 
 


 






09500HB0119ham001
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1
compensation has assumed
responsibility for all or a portion of 
2
the care of an eligible adult who needs
assistance with 
3
activities of daily
living.

4
    (b) "Department" means the Department on Aging of the State 
5
of Illinois.

6
    (c) "Director" means the Director of the Department.

7
    (d) "Domestic living situation" means a residence where the 
8
eligible
adult lives alone or with his or her family or a 
9
caregiver, or others,
or a board and care home or other 
10
community-based unlicensed facility, but
is not:


11
        (1) A licensed facility as defined in Section 1-113 of 
12
    the Nursing Home
Care Act;


13
        (2) A "life care facility" as defined in the Life Care 
14
    Facilities Act;


15
        (3) A home, institution, or other place operated by the 
16
    federal
government or agency thereof or by the State of 
17
    Illinois;


18
        (4) A hospital, sanitarium, or other institution, the 
19
    principal activity
or business of which is the diagnosis, 
20
    care, and treatment of human illness
through the 
21
    maintenance and operation of organized facilities 
22
    therefor,
which is required to be licensed under the 
23
    Hospital Licensing Act;


24
        (5) A "community living facility" as defined in the 
25
    Community Living
Facilities Licensing Act;


26
        (6) A "community residential alternative" as defined 
 


 






09500HB0119ham001
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1
    in the Community
Residential Alternatives Licensing Act;


2
        (7) A "community-integrated living arrangement" as 
3
    defined in
the Community-Integrated Living Arrangements 
4
    Licensure and Certification Act;

5
        (8) An assisted living or shared housing establishment 
6
    as defined in the Assisted Living and Shared Housing Act; 
7
    or

8
        (9) A supportive living facility as described in 
9
    Section 5-5.01a of the Illinois Public Aid Code.

10
    (e) "Eligible adult" means a person 60 years of age or 
11
older who
resides in a domestic living situation and is, or is 
12
alleged
to be, abused, neglected, or financially exploited by 
13
another individual or who neglects himself or herself.

14
    (f) "Emergency" means a situation in which an eligible 
15
adult is living
in conditions presenting a risk of death or 
16
physical, mental or sexual
injury and the provider agency has 
17
reason to believe the eligible adult is
unable to
consent to 
18
services which would alleviate that risk.

19
    (f-5) "Mandated reporter" means any of the following 
20
persons
while engaged in carrying out their professional 
21
duties:


22
        (1) a professional or professional's delegate while 
23
    engaged in: (i) social
services, (ii) law enforcement, 
24
    (iii) education, (iv) the care of an eligible
adult or 
25
    eligible adults, or (v) any of the occupations required to 
26
    be licensed
under
the Clinical Psychologist Licensing Act, 
 


 






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1
    the Clinical Social Work and Social
Work Practice Act, the 
2
    Illinois Dental Practice Act, the Dietetic and Nutrition

3
    Services Practice Act, the Marriage and Family Therapy 
4
    Licensing Act, the
Medical Practice Act of 1987, the 
5
    Naprapathic Practice Act, the
Nurse Practice Act
Nursing 
6
    and Advanced Practice Nursing Act, the Nursing Home

7
    Administrators Licensing and
Disciplinary Act, the 
8
    Illinois Occupational Therapy Practice Act, the Illinois

9
    Optometric Practice Act of 1987, the Pharmacy Practice Act 
10
    of 1987, the
Illinois Physical Therapy Act, the Physician 
11
    Assistant Practice Act of 1987,
the Podiatric Medical 
12
    Practice Act of 1987, the Respiratory Care Practice
Act,

13
    the Professional Counselor and
Clinical Professional 
14
    Counselor Licensing Act, the Illinois Speech-Language

15
    Pathology and Audiology Practice Act, the Veterinary 
16
    Medicine and Surgery
Practice Act of 2004, and the Illinois 
17
    Public Accounting Act;


18
        (2) an employee of a vocational rehabilitation 
19
    facility prescribed or
supervised by the Department of 
20
    Human Services;


21
        (3) an administrator, employee, or person providing 
22
    services in or through
an unlicensed community based 
23
    facility;


24
        (4) any religious practitioner who provides treatment 
25
    by prayer or spiritual means alone in accordance with the 
26
    tenets and practices of a recognized church or religious 
 


 






09500HB0119ham001
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1
    denomination, except as to information received in any 
2
    confession or sacred communication enjoined by the 
3
    discipline of the religious denomination to be held 
4
    confidential;


5
        (5) field personnel of the Department of Healthcare and 
6
    Family Services, Department of Public
Health, and 
7
    Department of Human Services, and any county or
municipal 
8
    health department;


9
        (6) personnel of the Department of Human Services, the 
10
    Guardianship and
Advocacy Commission, the State Fire 
11
    Marshal, local fire departments, the
Department on Aging 
12
    and its subsidiary Area Agencies on Aging and provider

13
    agencies, and the Office of State Long Term Care Ombudsman;


14
        (7) any employee of the State of Illinois not otherwise 
15
    specified herein
who is involved in providing services to 
16
    eligible adults, including
professionals providing medical 
17
    or rehabilitation services and all
other persons having 
18
    direct contact with eligible adults;


19
        (8) a person who performs the duties of a coroner
or 
20
    medical examiner; or


21
        (9) a person who performs the duties of a paramedic or 
22
    an emergency
medical
technician.

23
    (g) "Neglect" means
another individual's failure to 
24
provide an eligible
adult with or willful withholding from an 
25
eligible adult the necessities of
life including, but not 
26
limited to, food, clothing, shelter or health care.
This 
 


 






09500HB0119ham001
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1
subsection does not create any new affirmative duty to provide 
2
support to
eligible adults.  Nothing in this Act shall be 
3
construed to mean that an
eligible adult is a victim of neglect 
4
because of health care services provided
or not provided by 
5
licensed health care professionals.

6
    (h) "Provider agency" means any public or nonprofit agency 
7
in a planning
and service area appointed by the regional 
8
administrative agency with prior
approval by the Department on 
9
Aging to receive and assess reports of
alleged or suspected 
10
abuse, neglect, or financial exploitation.

11
    (i) "Regional administrative agency" means any public or 
12
nonprofit
agency in a planning and service area so designated 
13
by the Department,
provided that the designated Area Agency on 
14
Aging shall be designated the
regional administrative agency if 
15
it so requests.
The Department shall assume the functions of 
16
the regional administrative
agency for any planning and service 
17
area where another agency is not so
designated.

18
    (i-5) "Self-neglect" means a condition that is the result 
19
of an eligible adult's inability, due to physical or mental 
20
impairments, or both, or a diminished capacity, to perform 
21
essential self-care tasks that substantially threaten his or 
22
her own health, including: providing essential food, clothing, 
23
shelter, and health care; and obtaining goods and services 
24
necessary to maintain physical health, mental health, 
25
emotional well-being, and general safety.

26
    (j) "Substantiated case" means a reported case of alleged 
 


 






09500HB0119ham001
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1
or suspected
abuse, neglect, financial exploitation, or 
2
self-neglect in which a provider agency,
after assessment, 
3
determines that there is reason to believe abuse,
neglect, or 
4
financial exploitation has occurred.

5
(Source: P.A. 93-281 eff. 12-31-03; 93-300, eff. 1-1-04; 
6
94-1064, eff. 1-1-07.)


 
7
    Section 90-250. The Prenatal and Newborn Care Act is 
8
amended  by changing Section 2 as follows:
 



9
    (410 ILCS 225/2)  (from Ch. 111 1/2, par. 7022)


10
    Sec. 2. Definitions. As used in this Act, unless the 
11
context otherwise
requires:

12
    "Advanced practice nurse" or "APN" means an advanced 
13
practice nurse licensed under the Nurse Practice Act
Nursing 
14
and Advanced Practice Nursing Act who has a written 
15
collaborative agreement with a collaborating physician that 
16
authorizes the provision of prenatal and newborn care.

17
    "Department" means the Illinois Department of Human 
18
Services.

19
    "Early and Periodic Screening, Diagnosis and Treatment 
20
(EPSDT)" means
the provision of preventative health care under 
21
42 C.F.R. 441.50 et seq.,
including medical and dental 
22
services, needed to assess growth and
development and detect 
23
and treat health problems.

24
    "Hospital" means a hospital as defined under the Hospital 
 


 






09500HB0119ham001
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1
Licensing Act.

2
    "Local health authority" means the full-time official 
3
health
department or board of health, as recognized by the 
4
Illinois Department
of Public Health, having
jurisdiction over 
5
a particular area.

6
    "Nurse" means a nurse licensed under the Nurse Practice Act

7
Nursing and
Advanced Practice Nursing Act.

8
    "Physician" means a physician licensed to practice 
9
medicine in all of
its branches.

10
    "Physician assistant" means a physician assistant licensed 
11
under the Physician Assistant Practice Act of 1987 who has been 
12
delegated authority to provide prenatal and newborn care.

13
    "Postnatal visit" means a visit occurring after birth, with

14
reference to the newborn.

15
    "Prenatal visit" means a visit occurring before birth.

16
    "Program" means the Prenatal and Newborn Care Program 
17
established
pursuant to this Act.

18
(Source: P.A. 93-962, eff. 8-20-04.)


 
19
    Section 90-255. The Illinois Sexually Transmissible 
20
Disease Control Act is amended  by changing Section 4 as 
21
follows:
 



22
    (410 ILCS 325/4)  (from Ch. 111 1/2, par. 7404)


23
    Sec. 4. Reporting required. 

24
    (a) A physician licensed under the provisions of the 
 


 






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1
Medical Practice Act
of 1987, an advanced practice nurse 
2
licensed under the provisions of the Nurse Practice Act
Nursing 
3
and Advanced Practice Nursing Act who has a written 
4
collaborative agreement with a collaborating physician that 
5
authorizes the provision of services for a sexually 
6
transmissible disease, or a physician assistant licensed under 
7
the provisions of the Physician Assistant Practice Act of 1987 
8
who has been delegated authority to provide services for a 
9
sexually transmissible disease
who makes a diagnosis of or 
10
treats a person with a sexually
transmissible disease and each 
11
laboratory that performs a test for a sexually
transmissible 
12
disease which concludes with a positive result shall report 
13
such
facts as may be required by the Department by rule, within 
14
such time period as
the Department may require by rule, but in 
15
no case to exceed 2 weeks.

16
    (b) The Department shall adopt rules specifying the 
17
information
required in reporting a sexually transmissible 
18
disease, the method of
reporting and specifying a minimum time 
19
period for reporting.  In adopting
such rules, the Department 
20
shall consider the need for information,
protections for the 
21
privacy and confidentiality of the patient, and the
practical 
22
abilities of persons and laboratories to report in a reasonable

23
fashion.

24
    (c) Any person who knowingly or maliciously disseminates 
25
any false
information or report concerning the existence of any 
26
sexually
transmissible disease under this Section is guilty of 
 


 






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a Class A misdemeanor.

2
    (d) Any person who violates the provisions of this Section 
3
or the rules
adopted hereunder may be fined by the Department 
4
up to $500 for each
violation.  The Department shall report each 
5
violation of this Section to
the regulatory agency responsible 
6
for licensing a health care professional
or a laboratory to 
7
which these provisions apply.

8
(Source: P.A. 93-962, eff. 8-20-04.)


 
9
    Section 90-260. The Home Health and Hospice Drug 
10
Dispensation and Administration Act is amended  by changing 
11
Section 10 as follows:
 
12
    (410 ILCS 642/10)

13
    Sec. 10. Definitions. In this Act: 
14
    "Authorized nursing employee" means a registered nurse or  
15
advanced practice nurse, as defined in the Nurse Practice Act

16
Nursing and Advanced Practice Nursing Act, who is employed by a 
17
home health agency or hospice licensed in this State.
18
    "Health care professional" means a physician licensed to 
19
practice medicine in all its branches, an advanced practice 
20
nurse who has a written collaborative agreement with a 
21
collaborating physician that authorizes services under this 
22
Act, or a physician assistant who has been delegated the 
23
authority to perform services under this Act by his or her 
24
supervising physician.
 


 






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    "Home health agency" has the meaning ascribed to it in 
2
Section 2.04 of the Home Health, Home Services, and Home 
3
Nursing Agency Licensing Act.

4
    "Hospice" means a full hospice, as defined in Section 3 of 
5
the Hospice Program Licensing Act. 
6
    "Physician" means a physician licensed under the Medical 
7
Practice Act of 1987 to practice medicine in all its branches.

8
(Source: P.A. 94-638, eff. 8-22-05; revised 10-19-06.)

 
9
    Section 90-265. The Illinois Abortion Law of 1975 is 
10
amended  by changing Section 11 as follows:
 



11
    (720 ILCS 510/11)  (from Ch. 38, par. 81-31)


12
    Sec. 11. (1)  Any person who intentionally violates any 
13
provision of this
Law commits a Class A misdemeanor unless a 
14
specific penalty is otherwise
provided.  Any person who 
15
intentionally falsifies any writing required by
this Law 
16
commits a Class A misdemeanor.

17
    Intentional, knowing, reckless, or negligent violations of 
18
this Law shall
constitute unprofessional conduct which causes 
19
public harm under Section
22 of the Medical Practice Act of 
20
1987, as amended; Sections 10-140 and  20-5 of the Nurse 
21
Practice Act
Sections
10-45 and 15-50 of
the
Nursing and 
22
Advanced Practice Nursing Act, and
Section 21 of the Physician 
23
Assistant
Practice Act of 1987, as amended.

24
    Intentional, knowing, reckless or negligent violations of 
 


 






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this Law will
constitute grounds for refusal, denial, 
2
revocation,
suspension, or withdrawal of license, certificate, 
3
or permit under Section
30 of the Pharmacy Practice Act of 
4
1987, as amended; Section 7 of
the Ambulatory Surgical 
5
Treatment Center
Act, effective July 19, 1973, as amended; and 
6
Section 7 of the Hospital
Licensing Act.

7
    (2) Any hospital or licensed facility which, or any

8
physician who intentionally, knowingly, or recklessly
fails to 
9
submit a complete report to the Department in accordance with 
10
the
provisions of Section 10 of this Law and any person who 
11
intentionally,
knowingly, recklessly or negligently fails to 
12
maintain the confidentiality
of any reports required under this 
13
Law or reports required by
Sections 10.1 or 12 of this Law 
14
commits a Class B misdemeanor.

15
    (3) Any person who sells any drug, medicine, instrument or 
16
other
substance which he knows to be an abortifacient and which 
17
is in fact an
abortifacient, unless upon prescription of a 
18
physician, is guilty of a
Class B misdemeanor.  Any person who 
19
prescribes or administers any instrument,
medicine, drug or 
20
other substance or device, which he knows to be an

21
abortifacient, and which is in fact an abortifacient, and 
22
intentionally,
knowingly or recklessly fails to inform the 
23
person for whom it is
prescribed or upon whom it is 
24
administered that it is an abortifacient
commits a Class C 
25
misdemeanor.

26
    (4) Any person who intentionally, knowingly or recklessly

 


 






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1
performs upon a woman what he represents to that woman to be an

2
abortion when he knows or should know that she is not pregnant 
3
commits
a Class 2 felony and shall be answerable in
civil 
4
damages equal to 3 times the amount of proved damages.

5
(Source: P.A. 90-742, eff. 8-13-98.)



 
6
    Section 90-270. The Illinois Controlled Substances Act is 
7
amended  by changing Sections 102, 103, and 303.05 as follows:
 
8
    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
9
    Sec. 102. Definitions.   As used in this Act, unless the 
10
context
otherwise requires:


11
    (a) "Addict" means any person who habitually uses any drug, 
12
chemical,
substance or dangerous drug other than alcohol so as 
13
to endanger the public
morals, health, safety or welfare or who 
14
is so far addicted to the use of a
dangerous drug or controlled 
15
substance other than alcohol as to have lost
the power of self 
16
control with reference to his addiction.


17
    (b) "Administer" means the direct application of a 
18
controlled
substance, whether by injection, inhalation, 
19
ingestion, or any other
means, to the body of a patient, 
20
research subject, or animal (as
defined by the Humane 
21
Euthanasia in Animal Shelters Act) by:


22
        (1) a practitioner (or, in his presence, by his 
23
    authorized agent),



24
        (2) the patient or research subject at the lawful 
 


 






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    direction of the
practitioner, or


2
        (3) a euthanasia technician as defined by the Humane 
3
    Euthanasia in
Animal Shelters Act.


4
    (c) "Agent" means an authorized person who acts on behalf 
5
of or at
the direction of a manufacturer, distributor, or 
6
dispenser.  It does not
include a common or contract carrier, 
7
public warehouseman or employee of
the carrier or warehouseman.


8
    (c-1) "Anabolic Steroids" means any drug or hormonal 
9
substance,
chemically and pharmacologically related to 
10
testosterone (other than
estrogens, progestins, and 
11
corticosteroids) that promotes muscle growth,
and includes:


12
            (i) boldenone,


13
            (ii) chlorotestosterone,


14
            (iii) chostebol,


15
            (iv) dehydrochlormethyltestosterone,


16
            (v) dihydrotestosterone,


17
            (vi) drostanolone,


18
            (vii) ethylestrenol,


19
            (viii) fluoxymesterone,


20
            (ix) formebulone,


21
            (x) mesterolone,


22
            (xi) methandienone,


23
            (xii) methandranone,


24
            (xiii) methandriol,


25
            (xiv) methandrostenolone,


26
            (xv) methenolone,


 


 






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1
            (xvi) methyltestosterone,


2
            (xvii) mibolerone,


3
            (xviii) nandrolone,


4
            (xix) norethandrolone,


5
            (xx) oxandrolone,


6
            (xxi) oxymesterone,


7
            (xxii) oxymetholone,


8
            (xxiii) stanolone,


9
            (xxiv) stanozolol,


10
            (xxv) testolactone,


11
            (xxvi) testosterone,


12
            (xxvii) trenbolone, and


13
            (xxviii) any salt, ester, or isomer of a drug or 
14
        substance described
or listed in this paragraph, if 
15
        that salt, ester, or isomer promotes muscle
growth.


16
    Any person who is otherwise lawfully in possession of an 
17
anabolic
steroid, or who otherwise lawfully manufactures, 
18
distributes, dispenses,
delivers, or possesses with intent to 
19
deliver an anabolic steroid, which
anabolic steroid is 
20
expressly intended for and lawfully allowed to be
administered 
21
through implants to livestock or other nonhuman species, and

22
which is approved by the Secretary of Health and Human Services 
23
for such
administration, and which the person intends to 
24
administer or have
administered through such implants, shall 
25
not be considered to be in
unauthorized possession or to 
26
unlawfully manufacture, distribute, dispense,
deliver, or 
 


 






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1
possess with intent to deliver such anabolic steroid for

2
purposes of this Act.


3
    (d) "Administration" means the Drug Enforcement 
4
Administration,
United States Department of Justice, or its 
5
successor agency.


6
    (e) "Control" means to add a drug or other substance, or 
7
immediate
precursor, to a Schedule under Article II of this Act 
8
whether by
transfer from another Schedule or otherwise.


9
    (f) "Controlled Substance" means a drug, substance, or 
10
immediate
precursor in the Schedules of Article II of this Act.


11
    (g) "Counterfeit substance" means a controlled substance, 
12
which, or
the container or labeling of which, without 
13
authorization bears the
trademark, trade name, or other 
14
identifying mark, imprint, number or
device, or any likeness 
15
thereof, of a manufacturer, distributor, or
dispenser other 
16
than the person who in fact manufactured, distributed,
or 
17
dispensed the substance.


18
    (h) "Deliver" or "delivery" means the actual, constructive 
19
or
attempted transfer of possession of a controlled substance, 
20
with or
without consideration, whether or not there is an 
21
agency relationship.


22
    (i) "Department" means the Illinois Department of Human 
23
Services (as
successor to the Department of Alcoholism and 
24
Substance Abuse) or its successor agency.


25
    (j) "Department of State Police" means the Department of 
26
State
Police of the State of Illinois or its successor agency.


 


 






09500HB0119ham001
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1
    (k) "Department of Corrections" means the Department of 
2
Corrections
of the State of Illinois or its successor agency.


3
    (l) "Department of Professional Regulation" means the 
4
Department
of Professional Regulation of the State of Illinois 
5
or its successor agency.


6
    (m) "Depressant" or "stimulant substance" means:


7
        (1) a drug which contains any quantity of (i) 
8
    barbituric acid or
any of the salts of barbituric acid 
9
    which has been designated as habit
forming under section 
10
    502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 
11
    U.S.C. 352 (d)); or


12
        (2) a drug which contains any quantity of (i) 
13
    amphetamine or
methamphetamine and any of their optical 
14
    isomers; (ii) any salt of
amphetamine or methamphetamine or 
15
    any salt of an optical isomer of
amphetamine; or (iii) any 
16
    substance which the Department, after
investigation, has 
17
    found to be, and by rule designated as, habit forming

18
    because of its depressant or stimulant effect on the 
19
    central nervous
system; or


20
        (3) lysergic acid diethylamide; or


21
        (4) any drug which contains any quantity of a substance 
22
    which the
Department, after investigation, has found to 
23
    have, and by rule
designated as having, a potential for 
24
    abuse because of its depressant or
stimulant effect on the 
25
    central nervous system or its hallucinogenic
effect.


26
    (n) (Blank).


 


 






09500HB0119ham001
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1
    (o) "Director" means the Director of the Department of 
2
State Police or
the Department of Professional Regulation or 
3
his designated agents.


4
    (p) "Dispense" means to deliver a controlled substance to 
5
an
ultimate user or research subject by or pursuant to the 
6
lawful order of
a prescriber, including the prescribing, 
7
administering, packaging,
labeling, or compounding necessary 
8
to prepare the substance for that
delivery.


9
    (q) "Dispenser" means a practitioner who dispenses.


10
    (r) "Distribute" means to deliver, other than by 
11
administering or
dispensing, a controlled substance.


12
    (s) "Distributor" means a person who distributes.


13
    (t) "Drug" means (1) substances recognized as drugs in the 
14
official
United States Pharmacopoeia, Official Homeopathic 
15
Pharmacopoeia of the
United States, or official National 
16
Formulary, or any supplement to any
of them; (2) substances 
17
intended for use in diagnosis, cure, mitigation,
treatment, or 
18
prevention of disease in man or animals; (3) substances
(other 
19
than food) intended to affect the structure of any function of

20
the body of man or animals and (4) substances intended for use 
21
as a
component of any article specified in clause (1), (2), or 
22
(3) of this
subsection.  It does not include devices or their 
23
components, parts, or
accessories.


24
    (t-5) "Euthanasia agency" means
an entity certified by the 
25
Department of Professional Regulation for the
purpose of animal 
26
euthanasia that holds an animal control facility license or

 


 






09500HB0119ham001
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1
animal
shelter license under the Animal Welfare Act.  A 
2
euthanasia agency is
authorized to purchase, store, possess, 
3
and utilize Schedule II nonnarcotic and
Schedule III 
4
nonnarcotic drugs for the sole purpose of animal euthanasia.


5
    (t-10) "Euthanasia drugs" means Schedule II or Schedule III 
6
substances
(nonnarcotic controlled substances) that are used 
7
by a euthanasia agency for
the purpose of animal euthanasia.


8
    (u) "Good faith" means the prescribing or dispensing of a 
9
controlled
substance by a practitioner in the regular course of 
10
professional
treatment to or for any person who is under his 
11
treatment for a
pathology or condition other than that 
12
individual's physical or
psychological dependence upon or 
13
addiction to a controlled substance,
except as provided herein:  
14
and application of the term to a pharmacist
shall mean the 
15
dispensing of a controlled substance pursuant to the

16
prescriber's order which in the professional judgment of the 
17
pharmacist
is lawful.  The pharmacist shall be guided by 
18
accepted professional
standards including, but not limited to 
19
the following, in making the
judgment:


20
        (1) lack of consistency of doctor-patient 
21
    relationship,


22
        (2) frequency of prescriptions for same drug by one 
23
    prescriber for
large numbers of patients,


24
        (3) quantities beyond those normally prescribed,


25
        (4) unusual dosages,


26
        (5) unusual geographic distances between patient, 
 


 






09500HB0119ham001
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1
    pharmacist and
prescriber,


2
        (6) consistent prescribing of habit-forming drugs.


3
    (u-1) "Home infusion services" means services provided by a 
4
pharmacy in
compounding solutions for direct administration to 
5
a patient in a private
residence, long-term care facility, or 
6
hospice setting by means of parenteral,
intravenous, 
7
intramuscular, subcutaneous, or intraspinal infusion.


8
    (v) "Immediate precursor" means a substance:


9
        (1) which the Department has found to be and by rule 
10
    designated as
being a principal compound used, or produced 
11
    primarily for use, in the
manufacture of a controlled 
12
    substance;


13
        (2) which is an immediate chemical intermediary used or 
14
    likely to
be used in the manufacture of such controlled 
15
    substance; and


16
        (3) the control of which is necessary to prevent, 
17
    curtail or limit
the manufacture of such controlled 
18
    substance.


19
    (w) "Instructional activities" means the acts of teaching, 
20
educating
or instructing by practitioners using controlled 
21
substances within
educational facilities approved by the State 
22
Board of Education or
its successor agency.


23
    (x) "Local authorities" means a duly organized State, 
24
County or
Municipal peace unit or police force.


25
    (y) "Look-alike substance" means a substance, other than a 
26
controlled
substance which (1) by overall dosage unit 
 


 






09500HB0119ham001
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1
appearance, including shape,
color, size, markings or lack 
2
thereof, taste, consistency, or any other
identifying physical 
3
characteristic of the substance, would lead a reasonable
person 
4
to believe that the substance is a controlled substance, or (2) 
5
is
expressly or impliedly represented to be a controlled 
6
substance or is
distributed under circumstances which would 
7
lead a reasonable person to
believe that the substance is a 
8
controlled substance. For the purpose of
determining whether 
9
the representations made or the circumstances of the

10
distribution would lead a reasonable person to believe the 
11
substance to be
a controlled substance under this clause (2) of 
12
subsection (y), the court or
other authority may consider the 
13
following factors in addition to any other
factor that may be 
14
relevant:


15
        (a) statements made by the owner or person in control 
16
    of the substance
concerning its nature, use or effect;


17
        (b) statements made to the buyer or recipient that the 
18
    substance may
be resold for profit;


19
        (c) whether the substance is packaged in a manner 
20
    normally used for the
illegal distribution of controlled 
21
    substances;


22
        (d) whether the distribution or attempted distribution 
23
    included an
exchange of or demand for money or other 
24
    property as consideration, and
whether the amount of the 
25
    consideration was substantially greater than the

26
    reasonable retail market value of the substance.


 


 






09500HB0119ham001
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1
    Clause (1) of this subsection (y) shall not apply to a 
2
noncontrolled
substance in its finished dosage form that was 
3
initially introduced into
commerce prior to the initial 
4
introduction into commerce of a controlled
substance in its 
5
finished dosage form which it may substantially resemble.


6
    Nothing in this subsection (y) prohibits the dispensing or 
7
distributing
of noncontrolled substances by persons authorized 
8
to dispense and
distribute controlled substances under this 
9
Act, provided that such action
would be deemed to be carried 
10
out in good faith under subsection (u) if the
substances 
11
involved were controlled substances.


12
    Nothing in this subsection (y) or in this Act prohibits the 
13
manufacture,
preparation, propagation, compounding, 
14
processing, packaging, advertising
or distribution of a drug or 
15
drugs by any person registered pursuant to
Section 510 of the 
16
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).


17
    (y-1) "Mail-order pharmacy" means a pharmacy that is 
18
located in a state
of the United States, other than Illinois, 
19
that delivers, dispenses or
distributes, through the United 
20
States Postal Service or other common
carrier, to Illinois 
21
residents, any substance which requires a prescription.


22
    (z) "Manufacture" means the production, preparation, 
23
propagation,
compounding, conversion or processing of a 
24
controlled substance  other than methamphetamine, either

25
directly or indirectly, by extraction from substances of 
26
natural origin,
or independently by means of chemical 
 


 






09500HB0119ham001
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1
synthesis, or by a combination of
extraction and chemical 
2
synthesis, and includes any packaging or
repackaging of the 
3
substance or labeling of its container, except that
this term 
4
does not include:


5
        (1) by an ultimate user, the preparation or compounding 
6
    of a
controlled substance for his own use; or


7
        (2) by a practitioner, or his authorized agent under 
8
    his
supervision, the preparation, compounding, packaging, 
9
    or labeling of a
controlled substance:


10
            (a) as an incident to his administering or 
11
        dispensing of a
controlled substance in the course of 
12
        his professional practice; or


13
            (b) as an incident to lawful research, teaching or 
14
        chemical
analysis and not for sale.


15
    (z-1) (Blank).



16
    (aa) "Narcotic drug" means any of the following, whether 
17
produced
directly or indirectly by extraction from substances 
18
of natural origin,
or independently by means of chemical 
19
synthesis, or by a combination of
extraction and chemical 
20
synthesis:


21
        (1) opium and opiate, and any salt, compound, 
22
    derivative, or
preparation of opium or opiate;


23
        (2) any salt, compound, isomer, derivative, or 
24
    preparation thereof
which is chemically equivalent or 
25
    identical with any of the substances
referred to in clause 
26
    (1), but not including the isoquinoline alkaloids
of opium;


 


 






09500HB0119ham001
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1
        (3) opium poppy and poppy straw;


2
        (4) coca leaves and any salts, compound, isomer, salt 
3
    of an isomer,
derivative, or preparation of coca leaves 
4
    including cocaine or ecgonine,
and any salt, compound, 
5
    isomer, derivative, or preparation thereof which is

6
    chemically equivalent or identical with any of these 
7
    substances, but not
including decocainized coca leaves or 
8
    extractions of coca leaves which do
not contain cocaine or 
9
    ecgonine (for the purpose of this paragraph, the
term 
10
    "isomer" includes optical, positional and geometric 
11
    isomers).


12
    (bb) "Nurse" means a registered nurse licensed under the

13
Nurse Practice Act
Nursing and Advanced Practice Nursing Act.


14
    (cc) (Blank).


15
    (dd) "Opiate" means any substance having an addiction 
16
forming or
addiction sustaining liability similar to morphine 
17
or being capable of
conversion into a drug having addiction 
18
forming or addiction sustaining
liability.


19
    (ee) "Opium poppy" means the plant of the species Papaver

20
somniferum L., except its seeds.


21
    (ff) "Parole and Pardon Board" means the Parole and Pardon 
22
Board of
the State of Illinois or its successor agency.


23
    (gg) "Person" means any individual, corporation, 
24
mail-order pharmacy,
government or governmental subdivision or 
25
agency, business trust, estate,
trust, partnership or 
26
association, or any other entity.


 


 






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1
    (hh) "Pharmacist" means any person who holds a certificate 
2
of
registration as a registered pharmacist, a local registered 
3
pharmacist
or a registered assistant pharmacist under the 
4
Pharmacy Practice Act of 1987.


5
    (ii) "Pharmacy" means any store, ship or other place in 
6
which
pharmacy is authorized to be practiced under the Pharmacy 
7
Practice Act of 1987.


8
    (jj) "Poppy straw" means all parts, except the seeds, of 
9
the opium
poppy, after mowing.


10
    (kk) "Practitioner" means a physician licensed to practice 
11
medicine in all
its branches, dentist, podiatrist,

12
veterinarian, scientific investigator, pharmacist, physician 
13
assistant,
advanced practice nurse,
licensed practical
nurse, 
14
registered nurse, hospital, laboratory, or pharmacy, or other

15
person licensed, registered, or otherwise lawfully permitted 
16
by the
United States or this State to distribute, dispense, 
17
conduct research
with respect to, administer or use in teaching 
18
or chemical analysis, a
controlled substance in the course of 
19
professional practice or research.


20
    (ll) "Pre-printed prescription" means a written 
21
prescription upon which
the designated drug has been indicated 
22
prior to the time of issuance.


23
    (mm) "Prescriber" means a physician licensed to practice 
24
medicine in all
its branches, dentist, podiatrist or

25
veterinarian who issues a prescription, a physician assistant 
26
who
issues a
prescription for a Schedule III, IV, or V 
 


 






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1
controlled substance
in accordance
with Section 303.05 and the 
2
written guidelines required under Section 7.5
of the
Physician 
3
Assistant Practice Act of 1987, or an advanced practice
nurse 
4
with prescriptive authority in accordance with Section 303.05

5
and a written
collaborative agreement under Section 10-120 of 
6
the Nurse Practice Act
Sections 15-15 and 15-20 of
the Nursing 
7
and Advanced Practice Nursing Act.


8
    (nn) "Prescription" means a lawful written, facsimile, or 
9
verbal order
of
a physician licensed to practice medicine in 
10
all its branches,
dentist, podiatrist or veterinarian for any 
11
controlled
substance, of a physician assistant for a Schedule 
12
III, IV, or V
controlled substance
in accordance with Section 
13
303.05 and the written guidelines required under
Section 7.5 of 
14
the
Physician Assistant Practice Act of 1987, or of an advanced 
15
practice
nurse who issues a prescription for a Schedule III, 
16
IV, or V
controlled substance in accordance
with
Section 303.05 
17
and a written collaborative agreement under Section 10-120 of 
18
the Nurse Practice Act
Sections 15-15
and
15-20 of  the Nursing 
19
and Advanced Practice Nursing Act.


20
    (oo) "Production" or "produce" means manufacture, 
21
planting,
cultivating, growing, or harvesting of a controlled 
22
substance other than methamphetamine.


23
    (pp) "Registrant" means every person who is required to 
24
register
under Section 302 of this Act.


25
    (qq) "Registry number" means the number assigned to each 
26
person
authorized to handle controlled substances under the 
 


 






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1
laws of the United
States and of this State.


2
    (rr) "State" includes the State of Illinois and any state, 
3
district,
commonwealth, territory, insular possession thereof, 
4
and any area
subject to the legal authority of the United 
5
States of America.


6
    (ss) "Ultimate user" means a person who lawfully possesses 
7
a
controlled substance for his own use or for the use of a 
8
member of his
household or for administering to an animal owned 
9
by him or by a member
of his household.


10
(Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03; 
11
94-556, eff. 9-11-05.)

 



12
    (720 ILCS 570/103)  (from Ch. 56 1/2, par. 1103)


13
    Sec. 103. Scope of Act. Nothing in this Act limits the 
14
lawful authority
granted by the
Medical Practice Act of 1987, 
15
the Nurse Practice Act
Nursing and Advanced Practice
Nursing 
16
Act, or
the Pharmacy Practice Act of 1987.

17
(Source: P.A. 90-742, eff. 8-13-98.)


 
18
    (720 ILCS 570/303.05)

19
    Sec. 303.05. Mid-level practitioner registration.


20
    (a) The Department of Professional Regulation shall 
21
register licensed
physician assistants and licensed advanced 
22
practice nurses to prescribe and
dispense Schedule
III, IV, or 
23
V controlled substances under Section 303 and euthanasia

24
agencies to purchase, store, or administer euthanasia drugs 
 


 






09500HB0119ham001
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1
under the
following circumstances:


2
        (1) with respect to physician assistants or advanced 
3
    practice nurses,


4
            (A) the physician assistant or advanced practice 
5
        nurse has been
delegated
prescriptive authority by a 
6
        physician licensed to practice medicine in all its

7
        branches in accordance with Section 7.5 of the 
8
        Physician Assistant Practice Act
of 1987 or the Nurse 
9
        Practice Act
Section 15-20 of  the Nursing and Advanced 
10
        Practice Nursing Act;
and


11
            (B) the physician assistant or advanced practice 
12
        nurse has
completed the
appropriate application forms 
13
        and has paid the required fees as set by rule;
or


14
        (2) with respect to euthanasia agencies, the 
15
    euthanasia agency has
obtained a license from the 
16
    Department of
Professional Regulation and obtained a 
17
    registration number from the
Department.


18
    (b) The mid-level practitioner shall only be licensed to 
19
prescribe those
schedules of controlled substances for which a 
20
licensed physician has delegated
prescriptive authority, 
21
except that a euthanasia agency does not have any
prescriptive 
22
authority.


23
    (c) Upon completion of all registration requirements, 
24
physician
assistants, advanced practice nurses, and euthanasia 
25
agencies shall be issued a
mid-level practitioner
controlled 
26
substances license for Illinois.


 


 






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1
(Source: P.A. 93-626, eff. 12-23-03.)


 
2
    Section 90-275. The Methamphetamine Control and Community 
3
Protection Act is amended  by changing Section 110 as follows:
 
4
    (720 ILCS 646/110)

5
    Sec. 110. Scope of Act. Nothing in this Act limits any 
6
authority or activity authorized by the Illinois Controlled 
7
Substances Act, the Medical Practice Act of 1987, the Nurse 
8
Practice Act
Nursing and Advanced Practice Nursing Act, the 
9
Pharmacy Practice Act of 1987, the Illinois  Dental Practice 
10
Act, the Podiatric Medical Practice Act of 1987, or the 
11
Veterinary Medicine and Surgery Practice Act of 2004.  Nothing 
12
in this Act limits the authority or activity of any law 
13
enforcement officer acting within the scope of his or her 
14
employment.

15
(Source: P.A. 94-556, eff. 9-11-05.)

 
16
    Section 90-280. The Methamphetamine Precursor Control Act 
17
is amended  by changing Section 50 as follows:
 
18
    (720 ILCS 648/50)
19
    Sec. 50. Scope of Act. 
20
    (a) Nothing in this Act limits the scope, terms, or effect 
21
of the Methamphetamine Control and Community Protection Act.
22
    (b) Nothing in this Act limits the lawful authority granted 
 


 






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1
by the Medical Practice Act of 1987, the Nurse Practice Act

2
Nursing and Advanced Practice Nursing Act, or the Pharmacy 
3
Practice Act of 1987.
4
    (c) Nothing in this Act limits the authority or activity of 
5
any law enforcement officer acting within the scope of his or 
6
her employment.

7
(Source: P.A. 94-694, eff. 1-15-06.)

 
8
    Section 90-285. The Good Samaritan Act is amended  by 
9
changing Sections 34 and 40 as follows:
 



10
    (745 ILCS 49/34)


11
    Sec. 34. Advanced practice nurse; exemption from civil

12
liability for emergency care.  A person licensed as an advanced 
13
practice nurse
under the Nurse Practice Act
Nursing and 
14
Advanced
Practice Nursing Act who in good faith provides 
15
emergency care without fee to a
person shall not be liable for 
16
civil damages as a result of his or her acts or
omissions, 
17
except for willful or wanton misconduct on the part of the 
18
person in
providing the care.

19
(Source: P.A. 90-742, eff. 8-13-98.)


 



20
    (745 ILCS 49/40)


21
    Sec. 40. Nurses; exemption from civil liability for 
22
services performed
without compensation.

23
    (a) No person licensed as a professional nurse or as a 
 


 






09500HB0119ham001
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1
practical nurse
under the Nurse Practice Act
Nursing and 
2
Advanced Practice Nursing Act who, without
compensation, 
3
renders nursing services shall be liable, and no cause of

4
action may be brought, for damages resulting from an act or 
5
omission in
rendering such services unless the act or omission 
6
involved willful or
wanton misconduct.

7
    (b) (Blank).

8
    (c) As used in this Section "entity" means a 
9
proprietorship, partnership,
association or corporation, 
10
whether or not operated for profit.

11
    (d) Nothing in this Section is intended to bar any cause of 
12
action against
an entity or change the liability of an entity 
13
which arises out of an act
or omission of any person exempt 
14
from liability for negligence under
this Section.

15
(Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)



 
16
    Section 90-290. The Unemployment Insurance Act is amended  
17
by changing Section 230 as follows:
 



18
    (820 ILCS 405/230)  (from Ch. 48, par. 340)


19
    Sec. 230. The term "employment" shall not include service 
20
performed after
1971:


21
        (A) In the employ of a hospital, if such service is 
22
    performed
by a patient of the hospital.


23
        (B) As a student nurse in the employ of a hospital or a 
24
    nurses'
training
school by an individual who is enrolled 
 


 






09500HB0119ham001
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1
    and is regularly attending classes
in a nurses' training 
2
    school approved pursuant to the Nurse Practice Act
Nursing

3
    and Advanced Practice Nursing Act.


4
        (C) As an intern in the employ of a hospital by an 
5
    individual who
has completed a 4 years' course in a medical 
6
    school chartered or approved
pursuant to State law.

7
(Source: P.A. 90-742, eff. 8-13-98.)



 
8

ARTICLE 95.  REPEAL

 

9
    (225 ILCS 65/Act rep.)


10
    Section 95-95. The Nursing and Advanced Practice Nursing 
11
Act is repealed.
 
12

ARTICLE 99.  EFFECTIVE DATE

 

13
    Section 99-99. Effective date. This Act takes effect upon 
14
becoming law.".