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HB2248 Engrossed |
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LRB095 01328 KBJ 21330 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Home Health, Home Services, and Home Nursing |
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| Agency Licensing Act is amended by changing Section 2.11 as |
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| follows:
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| (210 ILCS 55/2.11) |
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| Sec. 2.11. "Home nursing agency" means an agency that |
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| provides services directly, or acts as a placement agency, in |
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| order to deliver skilled nursing and home health aide services |
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| to persons in their personal residences. A home nursing agency |
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| provides services that would require a licensed nurse to |
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| perform. Home health aide services are provided under the |
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| direction of a registered professional nurse or Advanced |
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| Practice nurse. A home nursing agency does not require qualify |
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| for licensure as a home health agency under this Act. "Home |
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| nursing agency" does not include an individually licensed nurse |
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| acting as a private contractor or a person that provides or |
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| procures temporary employment in health care facilities, as |
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| defined in the Nurse Agency Licensing Act.
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| Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under |
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| the jurisdiction of the Governor has any authority to make or |
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HB2248 Engrossed |
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LRB095 01328 KBJ 21330 b |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (Source: P.A. 94-379, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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