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1 | AN ACT concerning professional regulation.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Nursing Home Administrators Licensing and | ||||||
5 | Disciplinary Act is amended by changing Section 17 and by | ||||||
6 | adding Section 17.1 as follows:
| ||||||
7 | (225 ILCS 70/17) (from Ch. 111, par. 3667)
| ||||||
8 | (Text of Section before amendment by P.A. 96-339 )
| ||||||
9 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
10 | Sec. 17. Grounds for disciplinary action.
| ||||||
11 | (a) The Department may impose fines not to exceed $10,000
| ||||||
12 | or may
refuse to issue or to renew, or may revoke, suspend, | ||||||
13 | place on probation,
censure, reprimand or take other | ||||||
14 | disciplinary or non-disciplinary action with regard to the
| ||||||
15 | license of any person, for any one or combination
of the | ||||||
16 | following causes:
| ||||||
17 | (1) Intentional material misstatement in furnishing | ||||||
18 | information
to
the Department.
| ||||||
19 | (2) Conviction of or entry of a plea of guilty or nolo | ||||||
20 | contendere to any crime that is a felony under the laws of | ||||||
21 | the United States
or any
state or territory thereof or
a | ||||||
22 | misdemeanor of which an
essential element is dishonesty or | ||||||
23 | that is directly
related to the practice of the profession |
| |||||||
| |||||||
1 | of nursing home administration.
| ||||||
2 | (3) Making any misrepresentation for the purpose of | ||||||
3 | obtaining
a license,
or violating any provision of this | ||||||
4 | Act.
| ||||||
5 | (4) Immoral conduct in the commission of any act, such | ||||||
6 | as
sexual abuse or
sexual misconduct, related to the | ||||||
7 | licensee's practice.
| ||||||
8 | (5) Failing to respond within 30
days, to a
written | ||||||
9 | request made by the Department for information.
| ||||||
10 | (6) Engaging in dishonorable, unethical or | ||||||
11 | unprofessional
conduct of a
character likely to deceive, | ||||||
12 | defraud or harm the public.
| ||||||
13 | (7) Habitual use or addiction to alcohol, narcotics,
| ||||||
14 | stimulants, or any
other chemical agent or drug which | ||||||
15 | results in the inability to practice
with reasonable | ||||||
16 | judgment, skill or safety.
| ||||||
17 | (8) Discipline by another U.S. jurisdiction if at
least | ||||||
18 | one of the grounds for the discipline is the same or | ||||||
19 | substantially
equivalent to those set forth herein.
| ||||||
20 | (9) A finding by the Department that the licensee, | ||||||
21 | after having
his or her license
placed on probationary | ||||||
22 | status has violated the terms of probation.
| ||||||
23 | (10) Willfully making or filing false records or | ||||||
24 | reports in
his or her
practice,
including but not limited | ||||||
25 | to false records filed with State agencies or
departments.
| ||||||
26 | (11) Physical illness, mental illness, or other |
| |||||||
| |||||||
1 | impairment or disability, including, but not limited to,
| ||||||
2 | deterioration
through the aging process, or loss of motor | ||||||
3 | skill that results in
the
inability to practice the | ||||||
4 | profession with reasonable judgment, skill or safety.
| ||||||
5 | (12) Disregard or violation of this Act or of any rule
| ||||||
6 | issued pursuant to this Act.
| ||||||
7 | (13) Aiding or abetting another in the violation of | ||||||
8 | this Act
or any rule
or regulation issued pursuant to this | ||||||
9 | Act.
| ||||||
10 | (14) Allowing one's license to be used by an unlicensed
| ||||||
11 | person.
| ||||||
12 | (15) (Blank).
| ||||||
13 | (16) Professional incompetence in the practice of | ||||||
14 | nursing
home administration.
| ||||||
15 | (17) Conviction of a violation of Section 12-19 of the
| ||||||
16 | Criminal Code of
1961 for the abuse and gross neglect of a | ||||||
17 | long term care facility resident.
| ||||||
18 | (18) Violation of the Nursing Home Care Act or of any | ||||||
19 | rule
issued under the Nursing Home Care Act.
| ||||||
20 | (19) Failure to report to the Department any adverse | ||||||
21 | final action taken against the licensee by a licensing | ||||||
22 | authority of another state, territory of the United States, | ||||||
23 | or foreign country; or by any governmental or law | ||||||
24 | enforcement agency; or by any court for acts or conduct | ||||||
25 | similar to acts or conduct that would constitute grounds | ||||||
26 | for disciplinary action under this Section. |
| |||||||
| |||||||
1 | (20) Failure to report to the Department the surrender | ||||||
2 | of a license or authorization to practice as a nursing home | ||||||
3 | administrator in another state or jurisdiction for acts or | ||||||
4 | conduct similar to acts or conduct that would constitute | ||||||
5 | grounds for disciplinary action under this Section. | ||||||
6 | (21) Failure to report to the Department any adverse | ||||||
7 | judgment, settlement, or award arising from a liability | ||||||
8 | claim related to acts or conduct similar to acts or conduct | ||||||
9 | which would constitute grounds for disciplinary action | ||||||
10 | under this Section. | ||||||
11 | All proceedings to suspend, revoke, place on
probationary | ||||||
12 | status, or take any other disciplinary action
as the Department | ||||||
13 | may deem proper, with regard to a license
on any of the | ||||||
14 | foregoing grounds, must be commenced within
5
years next after | ||||||
15 | receipt by the Department of (i) a
complaint
alleging the | ||||||
16 | commission of or notice of the conviction order
for any of the | ||||||
17 | acts described herein or (ii) a referral for investigation
| ||||||
18 | under
Section 3-108 of the Nursing Home Care Act.
| ||||||
19 | The entry of an order or judgment by any circuit court | ||||||
20 | establishing that
any person holding a license under this Act | ||||||
21 | is a person in need of mental
treatment operates as a | ||||||
22 | suspension of that license. That person may resume
their | ||||||
23 | practice only upon the entry of a Department order based upon a
| ||||||
24 | finding by the Board that they have been determined to
be | ||||||
25 | recovered from mental illness by the court and upon the
Board's | ||||||
26 | recommendation that they be permitted to resume their practice.
|
| |||||||
| |||||||
1 | The Department, upon the recommendation of the
Board, may
| ||||||
2 | adopt rules which set forth
standards to be used in determining | ||||||
3 | what constitutes:
| ||||||
4 | (i)
when a person will be deemed sufficiently
| ||||||
5 | rehabilitated to warrant the public trust;
| ||||||
6 | (ii)
dishonorable, unethical or
unprofessional conduct | ||||||
7 | of a character likely to deceive,
defraud, or harm the | ||||||
8 | public;
| ||||||
9 | (iii)
immoral conduct in the commission
of any act | ||||||
10 | related to the licensee's practice; and
| ||||||
11 | (iv)
professional incompetence in the practice
of | ||||||
12 | nursing home administration.
| ||||||
13 | However, no such rule shall be admissible into evidence
in | ||||||
14 | any civil action except for review of a licensing or
other | ||||||
15 | disciplinary action under this Act.
| ||||||
16 | In enforcing this Section, the Department or Board, upon a | ||||||
17 | showing of a
possible
violation,
may compel any individual | ||||||
18 | licensed to practice under this
Act, or who has applied for | ||||||
19 | licensure
pursuant to this Act, to submit to a mental or | ||||||
20 | physical
examination, or both, as required by and at the | ||||||
21 | expense of
the Department. The examining physician or | ||||||
22 | physicians shall
be those specifically designated by the | ||||||
23 | Department or Board.
The Department or Board may order the | ||||||
24 | examining physician to present
testimony
concerning this | ||||||
25 | mental or physical examination of the licensee or applicant. No
| ||||||
26 | information shall be excluded by reason of any common law or |
| |||||||
| |||||||
1 | statutory
privilege relating to communications between the | ||||||
2 | licensee or applicant and the
examining physician.
The | ||||||
3 | individual to be examined may have, at his or her own
expense, | ||||||
4 | another physician of his or her choice present
during all | ||||||
5 | aspects of the examination. Failure of any
individual to submit | ||||||
6 | to mental or physical examination, when
directed, shall be | ||||||
7 | grounds for suspension of his or her
license until such time as | ||||||
8 | the individual submits to the
examination if the Department | ||||||
9 | finds, after notice
and hearing, that the refusal to submit to | ||||||
10 | the examination
was without reasonable cause.
| ||||||
11 | If the Department or Board
finds an individual unable to | ||||||
12 | practice
because of the reasons
set forth in this Section, the | ||||||
13 | Department or Board shall
require such individual to submit to | ||||||
14 | care, counseling, or
treatment by physicians approved or | ||||||
15 | designated by the
Department or Board, as a condition, term, or | ||||||
16 | restriction for
continued,
reinstated, or renewed licensure to | ||||||
17 | practice; or in lieu of care, counseling,
or
treatment, the | ||||||
18 | Department may file, or the Board may recommend to the
| ||||||
19 | Department to
file, a complaint to
immediately suspend, revoke, | ||||||
20 | or otherwise discipline the license of the
individual.
Any | ||||||
21 | individual whose license was granted pursuant to
this Act or | ||||||
22 | continued, reinstated, renewed,
disciplined or supervised, | ||||||
23 | subject to such terms, conditions
or restrictions who shall | ||||||
24 | fail to comply with such terms,
conditions or restrictions
| ||||||
25 | shall be referred to the Secretary
for a
determination as to | ||||||
26 | whether the licensee shall have his or her
license suspended |
| |||||||
| |||||||
1 | immediately, pending a hearing by the
Department. In instances | ||||||
2 | in which the Secretary
immediately suspends a license under | ||||||
3 | this Section, a hearing
upon such person's license must be | ||||||
4 | convened by the
Board within 30
days after such suspension and
| ||||||
5 | completed without appreciable delay. The Department and Board
| ||||||
6 | shall have the authority to review the subject administrator's
| ||||||
7 | record of treatment and counseling regarding the impairment,
to | ||||||
8 | the extent permitted by applicable federal statutes and
| ||||||
9 | regulations safeguarding the confidentiality of medical | ||||||
10 | records.
| ||||||
11 | An individual licensed under this Act, affected under
this | ||||||
12 | Section, shall be afforded an opportunity to
demonstrate to the | ||||||
13 | Department or Board that he or she can
resume
practice in | ||||||
14 | compliance with acceptable and prevailing
standards under the | ||||||
15 | provisions of his or her license.
| ||||||
16 | (b) Any individual or
organization acting in good faith, | ||||||
17 | and not in a wilful and
wanton manner, in complying with this | ||||||
18 | Act by providing any
report or other information to the | ||||||
19 | Department, or
assisting in the investigation or preparation of | ||||||
20 | such
information, or by participating in proceedings of the
| ||||||
21 | Department, or by serving as a member of the
Board, shall not, | ||||||
22 | as a result of such actions,
be subject to criminal prosecution | ||||||
23 | or civil damages.
| ||||||
24 | (c) Members of the Board, and persons
retained under | ||||||
25 | contract to assist and advise in an investigation,
shall be | ||||||
26 | indemnified by the State for any actions
occurring within the |
| |||||||
| |||||||
1 | scope of services on or for the Board, done in good
faith
and | ||||||
2 | not wilful and wanton in
nature. The Attorney General shall | ||||||
3 | defend all such actions
unless he or she determines either that | ||||||
4 | there would be a
conflict of interest in such representation or | ||||||
5 | that the
actions complained of were not in good faith or were | ||||||
6 | wilful and wanton.
| ||||||
7 | Should the Attorney General decline representation,
a | ||||||
8 | person entitled to indemnification under this Section shall | ||||||
9 | have the
right to employ counsel of his or her
choice, whose | ||||||
10 | fees shall be provided by the State, after
approval by the | ||||||
11 | Attorney General, unless there is a
determination by a court | ||||||
12 | that the member's actions were not
in good faith or were wilful | ||||||
13 | and wanton.
| ||||||
14 | A person entitled to indemnification under this
Section | ||||||
15 | must notify the Attorney General within 7
days of receipt of | ||||||
16 | notice of the initiation of any action
involving services of | ||||||
17 | the Board. Failure to so
notify the Attorney General shall | ||||||
18 | constitute an absolute
waiver of the right to a defense and | ||||||
19 | indemnification.
| ||||||
20 | The Attorney General shall determine within 7 days
after | ||||||
21 | receiving such notice, whether he or she will undertake to | ||||||
22 | represent
a
person entitled to indemnification under this | ||||||
23 | Section.
| ||||||
24 | (d) The determination by a circuit court that a licensee is | ||||||
25 | subject to
involuntary admission or judicial admission as | ||||||
26 | provided in the Mental
Health and Developmental Disabilities |
| |||||||
| |||||||
1 | Code, as amended, operates as an
automatic suspension. Such | ||||||
2 | suspension will end only upon a finding by a
court that the | ||||||
3 | patient is no longer subject to involuntary admission or
| ||||||
4 | judicial admission and issues an order so finding and | ||||||
5 | discharging the
patient; and upon the recommendation of the | ||||||
6 | Board to the Secretary
that
the licensee be allowed to resume | ||||||
7 | his or her practice.
| ||||||
8 | (e) The Department may refuse to issue or may suspend the | ||||||
9 | license of
any person who fails to file a return, or to pay the | ||||||
10 | tax, penalty or
interest shown in a filed return, or to pay any | ||||||
11 | final assessment of tax,
penalty or interest, as required by | ||||||
12 | any tax Act administered by the Department of Revenue, until | ||||||
13 | such time as the requirements of any
such tax Act are | ||||||
14 | satisfied.
| ||||||
15 | (f) The Department of Public Health shall transmit to the
| ||||||
16 | Department a list of those facilities which receive an "A" | ||||||
17 | violation as
defined in Section 1-129 of the Nursing Home Care | ||||||
18 | Act.
| ||||||
19 | (Source: P.A. 95-703, eff. 12-31-07.)
| ||||||
20 | (Text of Section after amendment by P.A. 96-339 )
| ||||||
21 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
22 | Sec. 17. Grounds for disciplinary action.
| ||||||
23 | (a) The Department may impose fines not to exceed $10,000
| ||||||
24 | or may
refuse to issue or to renew, or may revoke, suspend, | ||||||
25 | place on probation,
censure, reprimand or take other |
| |||||||
| |||||||
1 | disciplinary or non-disciplinary action with regard to the
| ||||||
2 | license of any person, for any one or combination
of the | ||||||
3 | following causes:
| ||||||
4 | (1) Intentional material misstatement in furnishing | ||||||
5 | information
to
the Department.
| ||||||
6 | (2) Conviction of or entry of a plea of guilty or nolo | ||||||
7 | contendere to any crime that is a felony under the laws of | ||||||
8 | the United States
or any
state or territory thereof or
a | ||||||
9 | misdemeanor of which an
essential element is dishonesty or | ||||||
10 | that is directly
related to the practice of the profession | ||||||
11 | of nursing home administration.
| ||||||
12 | (3) Making any misrepresentation for the purpose of | ||||||
13 | obtaining
a license,
or violating any provision of this | ||||||
14 | Act.
| ||||||
15 | (4) Immoral conduct in the commission of any act, such | ||||||
16 | as
sexual abuse or
sexual misconduct, related to the | ||||||
17 | licensee's practice.
| ||||||
18 | (5) Failing to respond within 30
days, to a
written | ||||||
19 | request made by the Department for information.
| ||||||
20 | (6) Engaging in dishonorable, unethical or | ||||||
21 | unprofessional
conduct of a
character likely to deceive, | ||||||
22 | defraud or harm the public.
| ||||||
23 | (7) Habitual use or addiction to alcohol, narcotics,
| ||||||
24 | stimulants, or any
other chemical agent or drug which | ||||||
25 | results in the inability to practice
with reasonable | ||||||
26 | judgment, skill or safety.
|
| |||||||
| |||||||
1 | (8) Discipline by another U.S. jurisdiction if at
least | ||||||
2 | one of the grounds for the discipline is the same or | ||||||
3 | substantially
equivalent to those set forth herein.
| ||||||
4 | (9) A finding by the Department that the licensee, | ||||||
5 | after having
his or her license
placed on probationary | ||||||
6 | status has violated the terms of probation.
| ||||||
7 | (10) Willfully making or filing false records or | ||||||
8 | reports in
his or her
practice,
including but not limited | ||||||
9 | to false records filed with State agencies or
departments.
| ||||||
10 | (11) Physical illness, mental illness, or other | ||||||
11 | impairment or disability, including, but not limited to,
| ||||||
12 | deterioration
through the aging process, or loss of motor | ||||||
13 | skill that results in
the
inability to practice the | ||||||
14 | profession with reasonable judgment, skill or safety.
| ||||||
15 | (12) Disregard or violation of this Act or of any rule
| ||||||
16 | issued pursuant to this Act.
| ||||||
17 | (13) Aiding or abetting another in the violation of | ||||||
18 | this Act
or any rule
or regulation issued pursuant to this | ||||||
19 | Act.
| ||||||
20 | (14) Allowing one's license to be used by an unlicensed
| ||||||
21 | person.
| ||||||
22 | (15) (Blank).
| ||||||
23 | (16) Professional incompetence in the practice of | ||||||
24 | nursing
home administration.
| ||||||
25 | (17) Conviction of a violation of Section 12-19 of the
| ||||||
26 | Criminal Code of
1961 for the abuse and gross neglect of a |
| |||||||
| |||||||
1 | long term care facility resident.
| ||||||
2 | (18) Violation of the Nursing Home Care Act or the | ||||||
3 | MR/DD Community Care Act or of any rule
issued under the | ||||||
4 | Nursing Home Care Act or the MR/DD Community Care Act.
| ||||||
5 | (19) Failure to report to the Department any adverse | ||||||
6 | final action taken against the licensee by a licensing | ||||||
7 | authority of another state, territory of the United States, | ||||||
8 | or foreign country; or by any governmental or law | ||||||
9 | enforcement agency; or by any court for acts or conduct | ||||||
10 | similar to acts or conduct that would constitute grounds | ||||||
11 | for disciplinary action under this Section. | ||||||
12 | (20) Failure to report to the Department the surrender | ||||||
13 | of a license or authorization to practice as a nursing home | ||||||
14 | administrator in another state or jurisdiction for acts or | ||||||
15 | conduct similar to acts or conduct that would constitute | ||||||
16 | grounds for disciplinary action under this Section. | ||||||
17 | (21) Failure to report to the Department any adverse | ||||||
18 | judgment, settlement, or award arising from a liability | ||||||
19 | claim related to acts or conduct similar to acts or conduct | ||||||
20 | which would constitute grounds for disciplinary action | ||||||
21 | under this Section. | ||||||
22 | All proceedings to suspend, revoke, place on
probationary | ||||||
23 | status, or take any other disciplinary action
as the Department | ||||||
24 | may deem proper, with regard to a license
on any of the | ||||||
25 | foregoing grounds, must be commenced within
5
years next after | ||||||
26 | receipt by the Department of (i) a
complaint
alleging the |
| |||||||
| |||||||
1 | commission of or notice of the conviction order
for any of the | ||||||
2 | acts described herein or (ii) a referral for investigation
| ||||||
3 | under
Section 3-108 of the Nursing Home Care Act.
| ||||||
4 | The entry of an order or judgment by any circuit court | ||||||
5 | establishing that
any person holding a license under this Act | ||||||
6 | is a person in need of mental
treatment operates as a | ||||||
7 | suspension of that license. That person may resume
their | ||||||
8 | practice only upon the entry of a Department order based upon a
| ||||||
9 | finding by the Board that they have been determined to
be | ||||||
10 | recovered from mental illness by the court and upon the
Board's | ||||||
11 | recommendation that they be permitted to resume their practice.
| ||||||
12 | The Department, upon the recommendation of the
Board, may
| ||||||
13 | adopt rules which set forth
standards to be used in determining | ||||||
14 | what constitutes:
| ||||||
15 | (i)
when a person will be deemed sufficiently
| ||||||
16 | rehabilitated to warrant the public trust;
| ||||||
17 | (ii)
dishonorable, unethical or
unprofessional conduct | ||||||
18 | of a character likely to deceive,
defraud, or harm the | ||||||
19 | public;
| ||||||
20 | (iii)
immoral conduct in the commission
of any act | ||||||
21 | related to the licensee's practice; and
| ||||||
22 | (iv)
professional incompetence in the practice
of | ||||||
23 | nursing home administration.
| ||||||
24 | However, no such rule shall be admissible into evidence
in | ||||||
25 | any civil action except for review of a licensing or
other | ||||||
26 | disciplinary action under this Act.
|
| |||||||
| |||||||
1 | In enforcing this Section, the Department or Board, upon a | ||||||
2 | showing of a
possible
violation,
may compel any individual | ||||||
3 | licensed to practice under this
Act, or who has applied for | ||||||
4 | licensure
pursuant to this Act, to submit to a mental or | ||||||
5 | physical
examination, or both, as required by and at the | ||||||
6 | expense of
the Department. The examining physician or | ||||||
7 | physicians shall
be those specifically designated by the | ||||||
8 | Department or Board.
The Department or Board may order the | ||||||
9 | examining physician to present
testimony
concerning this | ||||||
10 | mental or physical examination of the licensee or applicant. No
| ||||||
11 | information shall be excluded by reason of any common law or | ||||||
12 | statutory
privilege relating to communications between the | ||||||
13 | licensee or applicant and the
examining physician.
The | ||||||
14 | individual to be examined may have, at his or her own
expense, | ||||||
15 | another physician of his or her choice present
during all | ||||||
16 | aspects of the examination. Failure of any
individual to submit | ||||||
17 | to mental or physical examination, when
directed, shall be | ||||||
18 | grounds for suspension of his or her
license until such time as | ||||||
19 | the individual submits to the
examination if the Department | ||||||
20 | finds, after notice
and hearing, that the refusal to submit to | ||||||
21 | the examination
was without reasonable cause.
| ||||||
22 | If the Department or Board
finds an individual unable to | ||||||
23 | practice
because of the reasons
set forth in this Section, the | ||||||
24 | Department or Board shall
require such individual to submit to | ||||||
25 | care, counseling, or
treatment by physicians approved or | ||||||
26 | designated by the
Department or Board, as a condition, term, or |
| |||||||
| |||||||
1 | restriction for
continued,
reinstated, or renewed licensure to | ||||||
2 | practice; or in lieu of care, counseling,
or
treatment, the | ||||||
3 | Department may file, or the Board may recommend to the
| ||||||
4 | Department to
file, a complaint to
immediately suspend, revoke, | ||||||
5 | or otherwise discipline the license of the
individual.
Any | ||||||
6 | individual whose license was granted pursuant to
this Act or | ||||||
7 | continued, reinstated, renewed,
disciplined or supervised, | ||||||
8 | subject to such terms, conditions
or restrictions who shall | ||||||
9 | fail to comply with such terms,
conditions or restrictions
| ||||||
10 | shall be referred to the Secretary
for a
determination as to | ||||||
11 | whether the licensee shall have his or her
license suspended | ||||||
12 | immediately, pending a hearing by the
Department. In instances | ||||||
13 | in which the Secretary
immediately suspends a license under | ||||||
14 | this Section, a hearing
upon such person's license must be | ||||||
15 | convened by the
Board within 30
days after such suspension and
| ||||||
16 | completed without appreciable delay. The Department and Board
| ||||||
17 | shall have the authority to review the subject administrator's
| ||||||
18 | record of treatment and counseling regarding the impairment,
to | ||||||
19 | the extent permitted by applicable federal statutes and
| ||||||
20 | regulations safeguarding the confidentiality of medical | ||||||
21 | records.
| ||||||
22 | An individual licensed under this Act, affected under
this | ||||||
23 | Section, shall be afforded an opportunity to
demonstrate to the | ||||||
24 | Department or Board that he or she can
resume
practice in | ||||||
25 | compliance with acceptable and prevailing
standards under the | ||||||
26 | provisions of his or her license.
|
| |||||||
| |||||||
1 | (b) Any individual or
organization acting in good faith, | ||||||
2 | and not in a wilful and
wanton manner, in complying with this | ||||||
3 | Act by providing any
report or other information to the | ||||||
4 | Department, or
assisting in the investigation or preparation of | ||||||
5 | such
information, or by participating in proceedings of the
| ||||||
6 | Department, or by serving as a member of the
Board, shall not, | ||||||
7 | as a result of such actions,
be subject to criminal prosecution | ||||||
8 | or civil damages.
| ||||||
9 | (c) Members of the Board, and persons
retained under | ||||||
10 | contract to assist and advise in an investigation,
shall be | ||||||
11 | indemnified by the State for any actions
occurring within the | ||||||
12 | scope of services on or for the Board, done in good
faith
and | ||||||
13 | not wilful and wanton in
nature. The Attorney General shall | ||||||
14 | defend all such actions
unless he or she determines either that | ||||||
15 | there would be a
conflict of interest in such representation or | ||||||
16 | that the
actions complained of were not in good faith or were | ||||||
17 | wilful and wanton.
| ||||||
18 | Should the Attorney General decline representation,
a | ||||||
19 | person entitled to indemnification under this Section shall | ||||||
20 | have the
right to employ counsel of his or her
choice, whose | ||||||
21 | fees shall be provided by the State, after
approval by the | ||||||
22 | Attorney General, unless there is a
determination by a court | ||||||
23 | that the member's actions were not
in good faith or were wilful | ||||||
24 | and wanton.
| ||||||
25 | A person entitled to indemnification under this
Section | ||||||
26 | must notify the Attorney General within 7
days of receipt of |
| |||||||
| |||||||
1 | notice of the initiation of any action
involving services of | ||||||
2 | the Board. Failure to so
notify the Attorney General shall | ||||||
3 | constitute an absolute
waiver of the right to a defense and | ||||||
4 | indemnification.
| ||||||
5 | The Attorney General shall determine within 7 days
after | ||||||
6 | receiving such notice, whether he or she will undertake to | ||||||
7 | represent
a
person entitled to indemnification under this | ||||||
8 | Section.
| ||||||
9 | (d) The determination by a circuit court that a licensee is | ||||||
10 | subject to
involuntary admission or judicial admission as | ||||||
11 | provided in the Mental
Health and Developmental Disabilities | ||||||
12 | Code, as amended, operates as an
automatic suspension. Such | ||||||
13 | suspension will end only upon a finding by a
court that the | ||||||
14 | patient is no longer subject to involuntary admission or
| ||||||
15 | judicial admission and issues an order so finding and | ||||||
16 | discharging the
patient; and upon the recommendation of the | ||||||
17 | Board to the Secretary
that
the licensee be allowed to resume | ||||||
18 | his or her practice.
| ||||||
19 | (e) The Department may refuse to issue or may suspend the | ||||||
20 | license of
any person who fails to file a return, or to pay the | ||||||
21 | tax, penalty or
interest shown in a filed return, or to pay any | ||||||
22 | final assessment of tax,
penalty or interest, as required by | ||||||
23 | any tax Act administered by the Department of Revenue, until | ||||||
24 | such time as the requirements of any
such tax Act are | ||||||
25 | satisfied.
| ||||||
26 | (f) The Department of Public Health shall transmit to the
|
| |||||||
| |||||||
1 | Department a list of those facilities which receive an "A" | ||||||
2 | violation as
defined in Section 1-129 of the Nursing Home Care | ||||||
3 | Act.
| ||||||
4 | (Source: P.A. 95-703, eff. 12-31-07; 96-339, eff. 7-1-10.)
| ||||||
5 | (225 ILCS 70/17.1 new) | ||||||
6 | Sec. 17.1. Reports relating to professional conduct and | ||||||
7 | capacity. | ||||||
8 | (a) The chief administrator or executive officer of any | ||||||
9 | health care institution licensed by the Illinois Department of | ||||||
10 | Public Health, including nursing homes, shall report to the | ||||||
11 | Department any instance arising in connection with operations | ||||||
12 | of the health care institution, including the administration of | ||||||
13 | any law by the institution, in which a licensee under this Act | ||||||
14 | has either committed an act or acts which may constitute a | ||||||
15 | violation of this Act or unprofessional conduct related | ||||||
16 | directly to patient care, or which may indicate that the | ||||||
17 | licensee may be mentally or physically disabled in such a | ||||||
18 | manner as to endanger patients under that licensee's care. | ||||||
19 | Additionally, every nursing home shall report to the Department | ||||||
20 | any instance when a licensee is terminated for cause. | ||||||
21 | (b) Any insurance company that offers policies of | ||||||
22 | professional liability insurance to licensees, or any other | ||||||
23 | entity that seeks to indemnify the professional liability of a | ||||||
24 | licensee, shall report the settlement of any claim or adverse | ||||||
25 | final judgment rendered in any cause of action that alleged |
| |||||||
| |||||||
1 | negligence in planning, organizing, directing, or supervising | ||||||
2 | the operation of a nursing home by the licensee. | ||||||
3 | (c) The State's Attorney of each county shall report to the | ||||||
4 | Department each instance in which a licensee is convicted of or | ||||||
5 | enters a plea of guilty or nolo contendere to any crime that is | ||||||
6 | a felony or of which an essential element is dishonesty or that | ||||||
7 | is directly related to the practice of the profession of | ||||||
8 | nursing home administration. | ||||||
9 | (d) Any agency, board, commission, department, or other | ||||||
10 | instrumentality of the government of the State of Illinois | ||||||
11 | shall report to the Department any instance arising in | ||||||
12 | connection with the operations of the agency, including the | ||||||
13 | administration of any law by the agency, in which a licensee | ||||||
14 | under this Act has either committed an act or acts which may | ||||||
15 | constitute a violation of this Act or unprofessional conduct | ||||||
16 | related directly to planning, organizing, directing or | ||||||
17 | supervising the operation of a nursing home, or which may | ||||||
18 | indicate that a licensee may be mentally or physically disabled | ||||||
19 | in such a manner as to endanger others. | ||||||
20 | (e) All reports required by items (19), (20), and (21) of | ||||||
21 | subsection (a) of Section 17 and by this Section 17.1 shall be | ||||||
22 | submitted to the Department in a timely fashion. The reports | ||||||
23 | shall be filed in writing within 60 days after a determination | ||||||
24 | that a report is required under this Act. All reports shall | ||||||
25 | contain the following information: | ||||||
26 | (1) The name, address, and telephone number of the |
| |||||||
| |||||||
1 | person making the report. | ||||||
2 | (2) The name, address, and telephone number of the | ||||||
3 | person that is the subject of the report. | ||||||
4 | (3) The name and date of birth of any person or persons | ||||||
5 | whose treatment is a subject of the report, or other means | ||||||
6 | of identification if such information is not available, and | ||||||
7 | identification of the nursing home facility where the care | ||||||
8 | at issue in the report was rendered. | ||||||
9 | (4) A brief description of the facts which gave rise to | ||||||
10 | the issuance of the report, including the dates of any | ||||||
11 | occurrences deemed to necessitate the filing of the report. | ||||||
12 | (5) If court action is involved, then the identity of | ||||||
13 | the court in which the action is filed, along with the | ||||||
14 | docket number and date of filing of the action. | ||||||
15 | (6) Any further pertinent information which the | ||||||
16 | reporting party deems to be an aid in the evaluation of the | ||||||
17 | report. | ||||||
18 | If the Department receives a written report concerning an | ||||||
19 | incident required to be reported in either items (19), (20), | ||||||
20 | and (21) of subsection (a) of Section 17 or this Section 17.1, | ||||||
21 | then the licensee's failure to report the incident to the | ||||||
22 | Department within 60 days may not be the sole grounds for any | ||||||
23 | disciplinary action against the licensee. | ||||||
24 | (f) Any individual or organization acting in good faith, | ||||||
25 | and not in a wilful and wanton manner, in complying with this | ||||||
26 | Act by providing any report or other information to the |
| |||||||
| |||||||
1 | Department, or assisting in the investigation or preparation of | ||||||
2 | such information, or by voluntarily reporting to the Department | ||||||
3 | information regarding alleged errors or negligence by a | ||||||
4 | licensee, or by participating in proceedings of the Department, | ||||||
5 | shall not, as a result of such actions, be subject to criminal | ||||||
6 | prosecution or civil damages. | ||||||
7 | (g) Upon the receipt of any report required by this Act, | ||||||
8 | the Department shall notify in writing, by certified mail, the | ||||||
9 | person who is the subject of the report. Such notification | ||||||
10 | shall be made within 30 days after receipt by the Department of | ||||||
11 | the report. | ||||||
12 | The notification shall include a written notice setting | ||||||
13 | forth the person's right to examine the report. The | ||||||
14 | notification shall also include the address at which the file | ||||||
15 | is maintained, the name of the custodian of the file, and the | ||||||
16 | telephone number at which the custodian may be reached. The | ||||||
17 | person who is the subject of the report shall submit a written | ||||||
18 | statement responding, clarifying, adding to, or proposing the | ||||||
19 | amending of the report previously filed. The statement shall | ||||||
20 | become a permanent part of the file and must be received by the | ||||||
21 | Department no more than 30 days after the date on which the | ||||||
22 | person was notified by the Department of the existence of the | ||||||
23 | original report. | ||||||
24 | The Department shall review a report received by it, | ||||||
25 | together with any supporting information and responding | ||||||
26 | statements submitted by the person who is the subject of the |
| |||||||
| |||||||
1 | report. The review by the Department shall be in a timely | ||||||
2 | manner, but in no event shall the Department's initial review | ||||||
3 | of the material contained in each disciplinary file last less | ||||||
4 | than 61 days nor more than 180 days after the receipt of the | ||||||
5 | initial report by the Department. | ||||||
6 | When the Department makes its initial review of the | ||||||
7 | materials contained within its disciplinary files, the | ||||||
8 | Department shall, in writing, make a determination as to | ||||||
9 | whether there are sufficient facts to warrant further | ||||||
10 | investigation or action. Failure to make such determination | ||||||
11 | within the time provided shall be deemed to be a determination | ||||||
12 | that there are not sufficient facts to warrant further | ||||||
13 | investigation or action. | ||||||
14 | (h) Any violation of this Section shall be a Class A | ||||||
15 | misdemeanor. | ||||||
16 | (i) If any person or entity violates the provisions of this | ||||||
17 | Section, then an action may be brought in the name of the | ||||||
18 | People of the State of Illinois, through the Attorney General | ||||||
19 | of the State of Illinois, for an order enjoining such violation | ||||||
20 | or for an order enforcing compliance with this Section. Upon | ||||||
21 | filing of a verified petition in such court, the court may | ||||||
22 | issue a temporary restraining order without notice or bond and | ||||||
23 | may preliminarily or permanently enjoin such violation, and if | ||||||
24 | it is established that such person or entity has violated or is | ||||||
25 | violating the injunction, the court may punish the offender for | ||||||
26 | contempt of court. Proceedings under this paragraph shall be in |
| ||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||
1 | addition to, and not in lieu of, all other remedies and | |||||||||||||||||||||||||||||||||||
2 | penalties provided for by this Section.
| |||||||||||||||||||||||||||||||||||
3 | Section 99. Effective date. This Act takes effect January | |||||||||||||||||||||||||||||||||||
4 | 1, 2011.
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