HB2622 96TH GENERAL ASSEMBLY

LRB096 10116 ASK 20282 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2622

Introduced 2/20/2009, by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

New Act

Creates the Nurse Assistant Certification Act. Provides that no person may represent himself or herself as a certified nurse assistant, work as a certified nurse assistant, or use the title "certified nurse assistant" or a similar title, unless he or she is certified by the Illinois Department of Public Health. Provides that any applicant for certification who qualifies as a certified nurse assistant under the Nursing Home Care Act shall be certified by the Department. Provides that a person practicing as a certified nurse assistant shall be certified by the Department by July 1, 2010, or the commencement of practice, whichever is later. Provides that any allegation of abuse or neglect of an eligible adult by a certified nurse assistant shall be investigated, whether the abuse or neglect occurred or is alleged to have occurred in a facility or outside of a facility, including any domestic living arrangement as defined under the Elder Abuse and Neglect Act. Provides that if the Department concludes after its investigation that a certified nurse assistant has abused or neglected an eligible adult, then it must take disciplinary action against the certified nurse assistant. Provides a civil penalty for unauthorized practice as a certified nurse assistant. Provides that the Department shall establish by rule the grounds and process for disciplinary action. Defines "abuse", "Department", "eligible adult", "facility", and "neglect". Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning professional regulation.

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

Section 1. Short title. This Act may be cited as the Nurse Assistant Certification Act.

Section 5. Definitions; construction.

(a) In this Act:

"Abuse" means causing any physical, mental or sexual injury to an eligible adult, including the deliberate misplacement, exploitation, or wrongful temporary or permanent use of a resident's belongings or money without the consent of the eligible adult or his or her guardian.

"Department" means the Illinois Department of Public Health.

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

"Facility" has the same definition as under the Nursing Home Care Act.

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

(b) Nothing in this Act shall be construed to mean that an eligible adult is a victim of abuse or neglect for the sole reason that he or she is being furnished with or relies upon treatment by spiritual means through prayer alone, in accordance with the tenets and practices of a recognized church or religious denomination. Nothing in this Act creates any new affirmative duty to provide support to eligible adults. Nothing in this Act shall be construed to mean that an eligible adult is a victim of neglect because of health care services provided or not provided by licensed health care professionals.

Section 10. Certification.

(a) No person may represent himself or herself as a certified nurse assistant, work as a certified nurse assistant, or use the title "certified nurse assistant" or a similar title, unless he or she is certified by the Department.

(b) A person practicing as a certified nurse assistant shall be certified by the Department by July 1, 2010, or the commencement of practice, whichever is later.

(c) Any applicant for certification who qualifies under the provisions of Section 3-206 of the Nursing Home Care Act shall be certified by the Department.

Section 15. Investigation of abuse or neglect.

(a) The Department shall investigate all complaints of abuse or neglect regarding certified nurse assistants received from the public, law enforcement, or a facility.

(b) Any allegation of abuse or neglect of an eligible adult by a certified nurse assistant shall be investigated, including any abuse or neglect that occurred or is alleged to have occurred inside a facility or outside of a facility, including any domestic living arrangement as defined under the Elder Abuse and Neglect Act.

(c) If the Department concludes after its investigation that a certified nurse assistant has abused or neglected an eligible adult, then it must take disciplinary action against the certified nurse assistant.

Section 20. Unauthorized practice; violation; civil penalty.

(a) Any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice as a certified nurse assistant without being certified under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty may be assessed by the Department only after notice is given and a hearing is held in accordance with rules adopted by the Department.

(b) The Department may investigate any and all unlicensed activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.

Section 25. Disciplinary grounds. The Department shall issue rules establishing the grounds and a process for disciplinary action, including the suspension or revocation of a nursing assistant's certification. The Department must grant any certified nurse assistant all due process rights in any disciplinary process that it establishes by rule.

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