97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1616

 

Introduced 2/9/2011, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Nurse Practice Act. Removes references to a written collaborative agreement throughout the Act. Provides that an advanced practice nurse's scope of practice includes collaboration and consultation with or referral to a physician or other appropriate health-care professional for patient care needs that exceed the APN's scope of practice, education, or experience. Provides that as part of the professional scope of advanced practice nursing, an advanced practice nurse possesses prescriptive authority appropriate to his or her specialty, scope of practice, education, and experience. Such prescriptive authority shall include the authority to prescribe, select, order, administer, store, accept samples of, and dispense over-the-counter medications, legend drugs, medical gases, certain controlled substances, and other preparations, including botanical and herbal remedies. Amends various other Acts to make related changes. Effective immediately.


LRB097 09149 CEL 49284 b

 

 

A BILL FOR

 

SB1616LRB097 09149 CEL 49284 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Section 4 as follows:
 
6    (15 ILCS 335/4)  (from Ch. 124, par. 24)
7    Sec. 4. Identification Card.
8    (a) The Secretary of State shall issue a standard Illinois
9Identification Card to any natural person who is a resident of
10the State of Illinois who applies for such card, or renewal
11thereof, or who applies for a standard Illinois Identification
12Card upon release as a committed person on parole, mandatory
13supervised release, final discharge, or pardon from the
14Department of Corrections by submitting an identification card
15issued by the Department of Corrections under Section 3-14-1 of
16the Unified Code of Corrections, together with the prescribed
17fees. No identification card shall be issued to any person who
18holds a valid foreign state identification card, license, or
19permit unless the person first surrenders to the Secretary of
20State the valid foreign state identification card, license, or
21permit. The card shall be prepared and supplied by the
22Secretary of State and shall include a photograph and signature
23or mark of the applicant. The Illinois Identification Card may

 

 

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1be used for identification purposes in any lawful situation
2only by the person to whom it was issued. As used in this Act,
3"photograph" means any color photograph or digitally produced
4and captured image of an applicant for an identification card.
5As used in this Act, "signature" means the name of a person as
6written by that person and captured in a manner acceptable to
7the Secretary of State.
8    (a-5) If an applicant for an identification card has a
9current driver's license or instruction permit issued by the
10Secretary of State, the Secretary may require the applicant to
11utilize the same residence address and name on the
12identification card, driver's license, and instruction permit
13records maintained by the Secretary. The Secretary may
14promulgate rules to implement this provision.
15    (b) The Secretary of State shall issue a special Illinois
16Identification Card, which shall be known as an Illinois
17Disabled Person Identification Card, to any natural person who
18is a resident of the State of Illinois, who is a disabled
19person as defined in Section 4A of this Act, who applies for
20such card, or renewal thereof. No Disabled Person
21Identification Card shall be issued to any person who holds a
22valid foreign state identification card, license, or permit
23unless the person first surrenders to the Secretary of State
24the valid foreign state identification card, license, or
25permit. The Secretary of State shall charge no fee to issue
26such card. The card shall be prepared and supplied by the

 

 

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1Secretary of State, and shall include a photograph and
2signature or mark of the applicant, a designation indicating
3that the card is an Illinois Disabled Person Identification
4Card, and shall include a comprehensible designation of the
5type and classification of the applicant's disability as set
6out in Section 4A of this Act. If the applicant so requests,
7the card shall include a description of the applicant's
8disability and any information about the applicant's
9disability or medical history which the Secretary determines
10would be helpful to the applicant in securing emergency medical
11care. If a mark is used in lieu of a signature, such mark shall
12be affixed to the card in the presence of two witnesses who
13attest to the authenticity of the mark. The Illinois Disabled
14Person Identification Card may be used for identification
15purposes in any lawful situation by the person to whom it was
16issued.
17    The Illinois Disabled Person Identification Card may be
18used as adequate documentation of disability in lieu of a
19physician's determination of disability, a determination of
20disability from a physician assistant who has been delegated
21the authority to make this determination by his or her
22supervising physician, a determination of disability from an
23advanced practice nurse who has a written collaborative
24agreement with a collaborating physician that authorizes the
25advanced practice nurse to make this determination, or any
26other documentation of disability whenever any State law

 

 

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1requires that a disabled person provide such documentation of
2disability, however an Illinois Disabled Person Identification
3Card shall not qualify the cardholder to participate in any
4program or to receive any benefit which is not available to all
5persons with like disabilities. Notwithstanding any other
6provisions of law, an Illinois Disabled Person Identification
7Card, or evidence that the Secretary of State has issued an
8Illinois Disabled Person Identification Card, shall not be used
9by any person other than the person named on such card to prove
10that the person named on such card is a disabled person or for
11any other purpose unless the card is used for the benefit of
12the person named on such card, and the person named on such
13card consents to such use at the time the card is so used.
14    An optometrist's determination of a visual disability
15under Section 4A of this Act is acceptable as documentation for
16the purpose of issuing an Illinois Disabled Person
17Identification Card.
18    When medical information is contained on an Illinois
19Disabled Person Identification Card, the Office of the
20Secretary of State shall not be liable for any actions taken
21based upon that medical information.
22    (c) Beginning January 1, 1986, the Secretary of State shall
23provide that each original or renewal Illinois Identification
24Card or Illinois Disabled Person Identification Card issued to
25a person under the age of 21, shall be of a distinct nature
26from those Illinois Identification Cards or Illinois Disabled

 

 

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1Person Identification Cards issued to individuals 21 years of
2age or older. The color designated for Illinois Identification
3Cards or Illinois Disabled Person Identification Cards for
4persons under the age of 21 shall be at the discretion of the
5Secretary of State.
6    (c-1) Beginning January 1, 2003, each original or renewal
7Illinois Identification Card or Illinois Disabled Person
8Identification Card issued to a person under the age of 21
9shall display the date upon which the person becomes 18 years
10of age and the date upon which the person becomes 21 years of
11age.
12    (d) The Secretary of State may issue a Senior Citizen
13discount card, to any natural person who is a resident of the
14State of Illinois who is 60 years of age or older and who
15applies for such a card or renewal thereof. The Secretary of
16State shall charge no fee to issue such card. The card shall be
17issued in every county and applications shall be made available
18at, but not limited to, nutrition sites, senior citizen centers
19and Area Agencies on Aging. The applicant, upon receipt of such
20card and prior to its use for any purpose, shall have affixed
21thereon in the space provided therefor his signature or mark.
22    (e) The Secretary of State, in his or her discretion, may
23designate on each Illinois Identification Card or Illinois
24Disabled Person Identification Card a space where the card
25holder may place a sticker or decal, issued by the Secretary of
26State, of uniform size as the Secretary may specify, that shall

 

 

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1indicate in appropriate language that the card holder has
2renewed his or her Illinois Identification Card or Illinois
3Disabled Person Identification Card.
4(Source: P.A. 95-762, eff. 1-1-09; 95-779, eff. 1-1-09; 96-146,
5eff. 1-1-10; 96-328, eff. 8-11-09; 96-1231, eff. 7-23-10.)
 
6    Section 10. The School Code is amended by changing Sections
722-30, 24-5, 24-6, 26-1, and 27-8.1 as follows:
 
8    (105 ILCS 5/22-30)
9    Sec. 22-30. Self-administration of medication.
10    (a) In this Section:
11    "Asthma inhaler" means a quick reliever asthma inhaler.
12    "Epinephrine auto-injector" means a medical device for
13immediate self-administration by a person at risk of
14anaphylaxis.
15    "Medication" means a medicine, prescribed by (i) a
16physician licensed to practice medicine in all its branches,
17(ii) a physician assistant who has been delegated the authority
18to prescribe asthma medications by his or her supervising
19physician, or (iii) an advanced practice registered nurse who
20has a written collaborative agreement with a collaborating
21physician that delegates the authority to prescribe asthma
22medications, for a pupil that pertains to the pupil's asthma
23and that has an individual prescription label.
24    "Self-administration" means a pupil's discretionary use of

 

 

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1and ability to carry his or her prescribed asthma medication.
2    (b) A school, whether public or nonpublic, must permit the
3self-administration of medication by a pupil with asthma or the
4use of an epinephrine auto-injector by a pupil, provided that:
5        (1) the parents or guardians of the pupil provide to
6    the school (i) written authorization from the parents or
7    guardians for the self-administration of medication or
8    (ii) for use of an epinephrine auto-injector, written
9    authorization from the pupil's physician, physician
10    assistant, or advanced practice registered nurse; and
11        (2) the parents or guardians of the pupil provide to
12    the school (i) the prescription label, which must contain
13    the name of the medication, the prescribed dosage, and the
14    time at which or circumstances under which the medication
15    is to be administered, or (ii) for use of an epinephrine
16    auto-injector, a written statement from the pupil's
17    physician, physician assistant, or advanced practice
18    registered nurse containing the following information:
19            (A) the name and purpose of the epinephrine
20        auto-injector;
21            (B) the prescribed dosage; and
22            (C) the time or times at which or the special
23        circumstances under which the epinephrine
24        auto-injector is to be administered.
25The information provided shall be kept on file in the office of
26the school nurse or, in the absence of a school nurse, the

 

 

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1school's administrator.
2    (c) The school district or nonpublic school must inform the
3parents or guardians of the pupil, in writing, that the school
4district or nonpublic school and its employees and agents are
5to incur no liability, except for willful and wanton conduct,
6as a result of any injury arising from the self-administration
7of medication or use of an epinephrine auto-injector by the
8pupil regardless of whether authorization was given by the
9pupil's parents or guardians or by the pupil's physician,
10physician's assistant, or advanced practice registered nurse.
11The parents or guardians of the pupil must sign a statement
12acknowledging that the school district or nonpublic school is
13to incur no liability, except for willful and wanton conduct,
14as a result of any injury arising from the self-administration
15of medication or use of an epinephrine auto-injector by the
16pupil regardless of whether authorization was given by the
17pupil's parents or guardians or by the pupil's physician,
18physician's assistant, or advanced practice registered nurse
19and that the parents or guardians must indemnify and hold
20harmless the school district or nonpublic school and its
21employees and agents against any claims, except a claim based
22on willful and wanton conduct, arising out of the
23self-administration of medication or use of an epinephrine
24auto-injector by the pupil regardless of whether authorization
25was given by the pupil's parents or guardians or by the pupil's
26physician, physician's assistant, or advanced practice

 

 

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1registered nurse.
2    (d) The permission for self-administration of medication
3or use of an epinephrine auto-injector is effective for the
4school year for which it is granted and shall be renewed each
5subsequent school year upon fulfillment of the requirements of
6this Section.
7    (e) Provided that the requirements of this Section are
8fulfilled, a pupil with asthma may possess and use his or her
9medication or a pupil may possess and use an epinephrine
10auto-injector (i) while in school, (ii) while at a
11school-sponsored activity, (iii) while under the supervision
12of school personnel, or (iv) before or after normal school
13activities, such as while in before-school or after-school care
14on school-operated property.
15(Source: P.A. 96-1460, eff. 8-20-10.)
 
16    (105 ILCS 5/24-5)  (from Ch. 122, par. 24-5)
17    Sec. 24-5. Physical fitness and professional growth.
18    School boards shall require of new employees evidence of
19physical fitness to perform duties assigned and freedom from
20communicable disease, including tuberculosis. Such evidence
21shall consist of a physical examination and a tuberculin skin
22test and, if appropriate, an x-ray, made by a physician
23licensed in Illinois or any other state to practice medicine
24and surgery in all its branches, an advanced practice nurse who
25has a written collaborative agreement with a collaborating

 

 

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1physician that authorizes the advanced practice nurse to
2perform health examinations, or a physician assistant who has
3been delegated the authority to perform health examinations by
4his or her supervising physician not more than 90 days
5preceding time of presentation to the board and cost of such
6examination shall rest with the employee. The board may from
7time to time require an examination of any employee by a
8physician licensed in Illinois to practice medicine and surgery
9in all its branches, an advanced practice nurse who has a
10written collaborative agreement with a collaborating physician
11that authorizes the advanced practice nurse to perform health
12examinations, or a physician assistant who has been delegated
13the authority to perform health examinations by his or her
14supervising physician and shall pay the expenses thereof from
15school funds. School boards may require teachers in their
16employ to furnish from time to time evidence of continued
17professional growth.
18(Source: P.A. 94-350, eff. 7-28-05.)
 
19    (105 ILCS 5/24-6)
20    Sec. 24-6. Sick leave. The school boards of all school
21districts, including special charter districts, but not
22including school districts in municipalities of 500,000 or
23more, shall grant their full-time teachers, and also shall
24grant such of their other employees as are eligible to
25participate in the Illinois Municipal Retirement Fund under the

 

 

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1"600-Hour Standard" established, or under such other
2eligibility participation standard as may from time to time be
3established, by rules and regulations now or hereafter
4promulgated by the Board of that Fund under Section 7-198 of
5the Illinois Pension Code, as now or hereafter amended, sick
6leave provisions not less in amount than 10 days at full pay in
7each school year. If any such teacher or employee does not use
8the full amount of annual leave thus allowed, the unused amount
9shall be allowed to accumulate to a minimum available leave of
10180 days at full pay, including the leave of the current year.
11Sick leave shall be interpreted to mean personal illness,
12quarantine at home, serious illness or death in the immediate
13family or household, or birth, adoption, or placement for
14adoption. The school board may require a certificate from a
15physician licensed in Illinois to practice medicine and surgery
16in all its branches, a chiropractic physician licensed under
17the Medical Practice Act of 1987, an advanced practice nurse
18who has a written collaborative agreement with a collaborating
19physician that authorizes the advanced practice nurse to
20perform health examinations, a physician assistant who has been
21delegated the authority to perform health examinations by his
22or her supervising physician, or, if the treatment is by prayer
23or spiritual means, a spiritual adviser or practitioner of the
24teacher's or employee's faith as a basis for pay during leave
25after an absence of 3 days for personal illness or 30 days for
26birth or as the school board may deem necessary in other cases.

 

 

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1If the school board does require a certificate as a basis for
2pay during leave of less than 3 days for personal illness, the
3school board shall pay, from school funds, the expenses
4incurred by the teachers or other employees in obtaining the
5certificate. For paid leave for adoption or placement for
6adoption, the school board may require that the teacher or
7other employee provide evidence that the formal adoption
8process is underway, and such leave is limited to 30 days
9unless a longer leave has been negotiated with the exclusive
10bargaining representative.
11    If, by reason of any change in the boundaries of school
12districts, or by reason of the creation of a new school
13district, the employment of a teacher is transferred to a new
14or different board, the accumulated sick leave of such teacher
15is not thereby lost, but is transferred to such new or
16different district.
17    For purposes of this Section, "immediate family" shall
18include parents, spouse, brothers, sisters, children,
19grandparents, grandchildren, parents-in-law, brothers-in-law,
20sisters-in-law, and legal guardians.
21(Source: P.A. 95-151, eff. 8-14-07; 96-51, eff. 7-23-09;
2296-367, eff. 8-13-09; 96-1000, eff. 7-2-10.)
 
23    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)
24    Sec. 26-1. Compulsory school age-Exemptions. Whoever has
25custody or control of any child between the ages of 7 and 17

 

 

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1years (unless the child has already graduated from high school)
2shall cause such child to attend some public school in the
3district wherein the child resides the entire time it is in
4session during the regular school term, except as provided in
5Section 10-19.1, and during a required summer school program
6established under Section 10-22.33B; provided, that the
7following children shall not be required to attend the public
8schools:
9        1. Any child attending a private or a parochial school
10    where children are taught the branches of education taught
11    to children of corresponding age and grade in the public
12    schools, and where the instruction of the child in the
13    branches of education is in the English language;
14        2. Any child who is physically or mentally unable to
15    attend school, such disability being certified to the
16    county or district truant officer by a competent physician
17    licensed in Illinois to practice medicine and surgery in
18    all its branches, a chiropractic physician licensed under
19    the Medical Practice Act of 1987, an advanced practice
20    nurse who has a written collaborative agreement with a
21    collaborating physician that authorizes the advanced
22    practice nurse to perform health examinations, a physician
23    assistant who has been delegated the authority to perform
24    health examinations by his or her supervising physician, or
25    a Christian Science practitioner residing in this State and
26    listed in the Christian Science Journal; or who is excused

 

 

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1    for temporary absence for cause by the principal or teacher
2    of the school which the child attends; the exemptions in
3    this paragraph (2) do not apply to any female who is
4    pregnant or the mother of one or more children, except
5    where a female is unable to attend school due to a
6    complication arising from her pregnancy and the existence
7    of such complication is certified to the county or district
8    truant officer by a competent physician;
9        3. Any child necessarily and lawfully employed
10    according to the provisions of the law regulating child
11    labor may be excused from attendance at school by the
12    county superintendent of schools or the superintendent of
13    the public school which the child should be attending, on
14    certification of the facts by and the recommendation of the
15    school board of the public school district in which the
16    child resides. In districts having part time continuation
17    schools, children so excused shall attend such schools at
18    least 8 hours each week;
19        4. Any child over 12 and under 14 years of age while in
20    attendance at confirmation classes;
21        5. Any child absent from a public school on a
22    particular day or days or at a particular time of day for
23    the reason that he is unable to attend classes or to
24    participate in any examination, study or work requirements
25    on a particular day or days or at a particular time of day,
26    because the tenets of his religion forbid secular activity

 

 

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1    on a particular day or days or at a particular time of day.
2    Each school board shall prescribe rules and regulations
3    relative to absences for religious holidays including, but
4    not limited to, a list of religious holidays on which it
5    shall be mandatory to excuse a child; but nothing in this
6    paragraph 5 shall be construed to limit the right of any
7    school board, at its discretion, to excuse an absence on
8    any other day by reason of the observance of a religious
9    holiday. A school board may require the parent or guardian
10    of a child who is to be excused from attending school due
11    to the observance of a religious holiday to give notice,
12    not exceeding 5 days, of the child's absence to the school
13    principal or other school personnel. Any child excused from
14    attending school under this paragraph 5 shall not be
15    required to submit a written excuse for such absence after
16    returning to school; and
17        6. Any child 16 years of age or older who (i) submits
18    to a school district evidence of necessary and lawful
19    employment pursuant to paragraph 3 of this Section and (ii)
20    is enrolled in a graduation incentives program pursuant to
21    Section 26-16 of this Code or an alternative learning
22    opportunities program established pursuant to Article 13B
23    of this Code.
24(Source: P.A. 96-367, eff. 8-13-09.)
 
25    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)

 

 

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1    Sec. 27-8.1. Health examinations and immunizations.
2    (1) In compliance with rules and regulations which the
3Department of Public Health shall promulgate, and except as
4hereinafter provided, all children in Illinois shall have a
5health examination as follows: within one year prior to
6entering kindergarten or the first grade of any public,
7private, or parochial elementary school; upon entering the
8sixth and ninth grades of any public, private, or parochial
9school; prior to entrance into any public, private, or
10parochial nursery school; and, irrespective of grade,
11immediately prior to or upon entrance into any public, private,
12or parochial school or nursery school, each child shall present
13proof of having been examined in accordance with this Section
14and the rules and regulations promulgated hereunder. Any child
15who received a health examination within one year prior to
16entering the fifth grade for the 2007-2008 school year is not
17required to receive an additional health examination in order
18to comply with the provisions of Public Act 95-422 when he or
19she attends school for the 2008-2009 school year, unless the
20child is attending school for the first time as provided in
21this paragraph.
22    A tuberculosis skin test screening shall be included as a
23required part of each health examination included under this
24Section if the child resides in an area designated by the
25Department of Public Health as having a high incidence of
26tuberculosis. Additional health examinations of pupils,

 

 

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1including eye examinations, may be required when deemed
2necessary by school authorities. Parents are encouraged to have
3their children undergo eye examinations at the same points in
4time required for health examinations.
5    (1.5) In compliance with rules adopted by the Department of
6Public Health and except as otherwise provided in this Section,
7all children in kindergarten and the second and sixth grades of
8any public, private, or parochial school shall have a dental
9examination. Each of these children shall present proof of
10having been examined by a dentist in accordance with this
11Section and rules adopted under this Section before May 15th of
12the school year. If a child in the second or sixth grade fails
13to present proof by May 15th, the school may hold the child's
14report card until one of the following occurs: (i) the child
15presents proof of a completed dental examination or (ii) the
16child presents proof that a dental examination will take place
17within 60 days after May 15th. The Department of Public Health
18shall establish, by rule, a waiver for children who show an
19undue burden or a lack of access to a dentist. Each public,
20private, and parochial school must give notice of this dental
21examination requirement to the parents and guardians of
22students at least 60 days before May 15th of each school year.
23    (1.10) Except as otherwise provided in this Section, all
24children enrolling in kindergarten in a public, private, or
25parochial school on or after the effective date of this
26amendatory Act of the 95th General Assembly and any student

 

 

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1enrolling for the first time in a public, private, or parochial
2school on or after the effective date of this amendatory Act of
3the 95th General Assembly shall have an eye examination. Each
4of these children shall present proof of having been examined
5by a physician licensed to practice medicine in all of its
6branches or a licensed optometrist within the previous year, in
7accordance with this Section and rules adopted under this
8Section, before October 15th of the school year. If the child
9fails to present proof by October 15th, the school may hold the
10child's report card until one of the following occurs: (i) the
11child presents proof of a completed eye examination or (ii) the
12child presents proof that an eye examination will take place
13within 60 days after October 15th. The Department of Public
14Health shall establish, by rule, a waiver for children who show
15an undue burden or a lack of access to a physician licensed to
16practice medicine in all of its branches who provides eye
17examinations or to a licensed optometrist. Each public,
18private, and parochial school must give notice of this eye
19examination requirement to the parents and guardians of
20students in compliance with rules of the Department of Public
21Health. Nothing in this Section shall be construed to allow a
22school to exclude a child from attending because of a parent's
23or guardian's failure to obtain an eye examination for the
24child.
25    (2) The Department of Public Health shall promulgate rules
26and regulations specifying the examinations and procedures

 

 

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1that constitute a health examination, which shall include the
2collection of data relating to obesity (including at a minimum,
3date of birth, gender, height, weight, blood pressure, and date
4of exam), and a dental examination and may recommend by rule
5that certain additional examinations be performed. The rules
6and regulations of the Department of Public Health shall
7specify that a tuberculosis skin test screening shall be
8included as a required part of each health examination included
9under this Section if the child resides in an area designated
10by the Department of Public Health as having a high incidence
11of tuberculosis. The Department of Public Health shall specify
12that a diabetes screening as defined by rule shall be included
13as a required part of each health examination. Diabetes testing
14is not required.
15    Physicians licensed to practice medicine in all of its
16branches, advanced practice nurses who have a written
17collaborative agreement with a collaborating physician which
18authorizes them to perform health examinations, or physician
19assistants who have been delegated the performance of health
20examinations by their supervising physician shall be
21responsible for the performance of the health examinations,
22other than dental examinations, eye examinations, and vision
23and hearing screening, and shall sign all report forms required
24by subsection (4) of this Section that pertain to those
25portions of the health examination for which the physician,
26advanced practice nurse, or physician assistant is

 

 

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1responsible. If a registered nurse performs any part of a
2health examination, then a physician licensed to practice
3medicine in all of its branches must review and sign all
4required report forms. Licensed dentists shall perform all
5dental examinations and shall sign all report forms required by
6subsection (4) of this Section that pertain to the dental
7examinations. Physicians licensed to practice medicine in all
8its branches or licensed optometrists shall perform all eye
9examinations required by this Section and shall sign all report
10forms required by subsection (4) of this Section that pertain
11to the eye examination. For purposes of this Section, an eye
12examination shall at a minimum include history, visual acuity,
13subjective refraction to best visual acuity near and far,
14internal and external examination, and a glaucoma evaluation,
15as well as any other tests or observations that in the
16professional judgment of the doctor are necessary. Vision and
17hearing screening tests, which shall not be considered
18examinations as that term is used in this Section, shall be
19conducted in accordance with rules and regulations of the
20Department of Public Health, and by individuals whom the
21Department of Public Health has certified. In these rules and
22regulations, the Department of Public Health shall require that
23individuals conducting vision screening tests give a child's
24parent or guardian written notification, before the vision
25screening is conducted, that states, "Vision screening is not a
26substitute for a complete eye and vision evaluation by an eye

 

 

SB1616- 21 -LRB097 09149 CEL 49284 b

1doctor. Your child is not required to undergo this vision
2screening if an optometrist or ophthalmologist has completed
3and signed a report form indicating that an examination has
4been administered within the previous 12 months."
5    (3) Every child shall, at or about the same time as he or
6she receives a health examination required by subsection (1) of
7this Section, present to the local school proof of having
8received such immunizations against preventable communicable
9diseases as the Department of Public Health shall require by
10rules and regulations promulgated pursuant to this Section and
11the Communicable Disease Prevention Act.
12    (4) The individuals conducting the health examination,
13dental examination, or eye examination shall record the fact of
14having conducted the examination, and such additional
15information as required, including for a health examination
16data relating to obesity (including at a minimum, date of
17birth, gender, height, weight, blood pressure, and date of
18exam), on uniform forms which the Department of Public Health
19and the State Board of Education shall prescribe for statewide
20use. The examiner shall summarize on the report form any
21condition that he or she suspects indicates a need for special
22services, including for a health examination factors relating
23to obesity. The individuals confirming the administration of
24required immunizations shall record as indicated on the form
25that the immunizations were administered.
26    (5) If a child does not submit proof of having had either

 

 

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1the health examination or the immunization as required, then
2the child shall be examined or receive the immunization, as the
3case may be, and present proof by October 15 of the current
4school year, or by an earlier date of the current school year
5established by a school district. To establish a date before
6October 15 of the current school year for the health
7examination or immunization as required, a school district must
8give notice of the requirements of this Section 60 days prior
9to the earlier established date. If for medical reasons one or
10more of the required immunizations must be given after October
1115 of the current school year, or after an earlier established
12date of the current school year, then the child shall present,
13by October 15, or by the earlier established date, a schedule
14for the administration of the immunizations and a statement of
15the medical reasons causing the delay, both the schedule and
16the statement being issued by the physician, advanced practice
17nurse, physician assistant, registered nurse, or local health
18department that will be responsible for administration of the
19remaining required immunizations. If a child does not comply by
20October 15, or by the earlier established date of the current
21school year, with the requirements of this subsection, then the
22local school authority shall exclude that child from school
23until such time as the child presents proof of having had the
24health examination as required and presents proof of having
25received those required immunizations which are medically
26possible to receive immediately. During a child's exclusion

 

 

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1from school for noncompliance with this subsection, the child's
2parents or legal guardian shall be considered in violation of
3Section 26-1 and subject to any penalty imposed by Section
426-10. This subsection (5) does not apply to dental
5examinations and eye examinations. Until June 30, 2012, if the
6student is an out-of-state transfer student and does not have
7the proof required under this subsection (5) before October 15
8of the current year or whatever date is set by the school
9district, then he or she may only attend classes (i) if he or
10she has proof that an appointment for the required vaccinations
11has been scheduled with a party authorized to submit proof of
12the required vaccinations. If the proof of vaccination required
13under this subsection (5) is not submitted within 30 days after
14the student is permitted to attend classes, then the student is
15not to be permitted to attend classes until proof of the
16vaccinations has been properly submitted. No school district or
17employee of a school district shall be held liable for any
18injury or illness to another person that results from admitting
19an out-of-state transfer student to class that has an
20appointment scheduled pursuant to this subsection (5).
21    (6) Every school shall report to the State Board of
22Education by November 15, in the manner which that agency shall
23require, the number of children who have received the necessary
24immunizations and the health examination (other than a dental
25examination or eye examination) as required, indicating, of
26those who have not received the immunizations and examination

 

 

SB1616- 24 -LRB097 09149 CEL 49284 b

1as required, the number of children who are exempt from health
2examination and immunization requirements on religious or
3medical grounds as provided in subsection (8). Every school
4shall report to the State Board of Education by June 30, in the
5manner that the State Board requires, the number of children
6who have received the required dental examination, indicating,
7of those who have not received the required dental examination,
8the number of children who are exempt from the dental
9examination on religious grounds as provided in subsection (8)
10of this Section and the number of children who have received a
11waiver under subsection (1.5) of this Section. Every school
12shall report to the State Board of Education by June 30, in the
13manner that the State Board requires, the number of children
14who have received the required eye examination, indicating, of
15those who have not received the required eye examination, the
16number of children who are exempt from the eye examination as
17provided in subsection (8) of this Section, the number of
18children who have received a waiver under subsection (1.10) of
19this Section, and the total number of children in noncompliance
20with the eye examination requirement. This reported
21information shall be provided to the Department of Public
22Health by the State Board of Education.
23    (7) Upon determining that the number of pupils who are
24required to be in compliance with subsection (5) of this
25Section is below 90% of the number of pupils enrolled in the
26school district, 10% of each State aid payment made pursuant to

 

 

SB1616- 25 -LRB097 09149 CEL 49284 b

1Section 18-8.05 to the school district for such year may be
2withheld by the State Board of Education until the number of
3students in compliance with subsection (5) is the applicable
4specified percentage or higher.
5    (8) Parents or legal guardians who object to health,
6dental, or eye examinations or any part thereof, or to
7immunizations, on religious grounds shall not be required to
8submit their children or wards to the examinations or
9immunizations to which they so object if such parents or legal
10guardians present to the appropriate local school authority a
11signed statement of objection, detailing the grounds for the
12objection. If the physical condition of the child is such that
13any one or more of the immunizing agents should not be
14administered, the examining physician, advanced practice
15nurse, or physician assistant responsible for the performance
16of the health examination shall endorse that fact upon the
17health examination form. Exempting a child from the health,
18dental, or eye examination does not exempt the child from
19participation in the program of physical education training
20provided in Sections 27-5 through 27-7 of this Code.
21    (9) For the purposes of this Section, "nursery schools"
22means those nursery schools operated by elementary school
23systems or secondary level school units or institutions of
24higher learning.
25(Source: P.A. 95-331, eff. 8-21-07; 95-422, eff. 8-24-07;
2695-496, eff. 8-28-07; 95-671, eff. 1-1-08; 95-737, eff.

 

 

SB1616- 26 -LRB097 09149 CEL 49284 b

17-16-08; 95-876, eff. 8-21-08; 96-953, eff. 6-28-10.)
 
2    Section 15. The Ambulatory Surgical Treatment Center Act is
3amended by changing Section 6.5 as follows:
 
4    (210 ILCS 5/6.5)
5    Sec. 6.5. Clinical privileges; advanced practice nurses.
6All ambulatory surgical treatment centers (ASTC) licensed
7under this Act shall comply with the following requirements:
8    (1) No ASTC policy, rule, regulation, or practice shall be
9inconsistent with the provision of adequate collaboration and
10consultation in accordance with Section 54.5 of the Medical
11Practice Act of 1987.
12    (2) Operative surgical procedures shall be performed only
13by a physician licensed to practice medicine in all its
14branches under the Medical Practice Act of 1987, a dentist
15licensed under the Illinois Dental Practice Act, or a
16podiatrist licensed under the Podiatric Medical Practice Act of
171987, with medical staff membership and surgical clinical
18privileges granted by the consulting committee of the ASTC. A
19licensed physician, dentist, or podiatrist may be assisted by a
20physician licensed to practice medicine in all its branches,
21dentist, dental assistant, podiatrist, licensed advanced
22practice nurse, licensed physician assistant, licensed
23registered nurse, licensed practical nurse, surgical
24assistant, surgical technician, or other individuals granted

 

 

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1clinical privileges to assist in surgery by the consulting
2committee of the ASTC. Payment for services rendered by an
3assistant in surgery who is not an ambulatory surgical
4treatment center employee shall be paid at the appropriate
5non-physician modifier rate if the payor would have made
6payment had the same services been provided by a physician.
7    (2.5) A registered nurse licensed under the Nurse Practice
8Act and qualified by training and experience in operating room
9nursing shall be present in the operating room and function as
10the circulating nurse during all invasive or operative
11procedures. For purposes of this paragraph (2.5), "circulating
12nurse" means a registered nurse who is responsible for
13coordinating all nursing care, patient safety needs, and the
14needs of the surgical team in the operating room during an
15invasive or operative procedure.
16    (3) An advanced practice nurse is not required to possess
17prescriptive authority or a written collaborative agreement
18meeting the requirements of the Nurse Practice Act to provide
19advanced practice nursing services in an ambulatory surgical
20treatment center. An advanced practice nurse must possess
21clinical privileges granted by the consulting medical staff
22committee and ambulatory surgical treatment center in order to
23provide services. Individual advanced practice nurses may also
24be granted clinical privileges to order, select, and administer
25medications, including controlled substances, to provide
26delineated care. The attending physician must determine the

 

 

SB1616- 28 -LRB097 09149 CEL 49284 b

1advance practice nurse's role in providing care for his or her
2patients, except as otherwise provided in the consulting staff
3policies. The consulting medical staff committee shall
4periodically review the services of advanced practice nurses
5granted privileges.
6    (4) The anesthesia service shall be under the direction of
7a physician licensed to practice medicine in all its branches
8who has had specialized preparation or experience in the area
9or who has completed a residency in anesthesiology. An
10anesthesiologist, Board certified or Board eligible, is
11recommended. Anesthesia services may only be administered
12pursuant to the order of a physician licensed to practice
13medicine in all its branches, licensed dentist, or licensed
14podiatrist.
15        (A) The individuals who, with clinical privileges
16    granted by the medical staff and ASTC, may administer
17    anesthesia services are limited to the following:
18            (i) an anesthesiologist; or
19            (ii) a physician licensed to practice medicine in
20        all its branches; or
21            (iii) a dentist with authority to administer
22        anesthesia under Section 8.1 of the Illinois Dental
23        Practice Act; or
24            (iv) a licensed certified registered nurse
25        anesthetist; or
26            (v) a podiatrist licensed under the Podiatric

 

 

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1        Medical Practice Act of 1987.
2        (B) (Blank). For anesthesia services, an
3    anesthesiologist shall participate through discussion of
4    and agreement with the anesthesia plan and shall remain
5    physically present and be available on the premises during
6    the delivery of anesthesia services for diagnosis,
7    consultation, and treatment of emergency medical
8    conditions. In the absence of 24-hour availability of
9    anesthesiologists with clinical privileges, an alternate
10    policy (requiring participation, presence, and
11    availability of a physician licensed to practice medicine
12    in all its branches) shall be developed by the medical
13    staff consulting committee in consultation with the
14    anesthesia service and included in the medical staff
15    consulting committee policies.
16        (C) A certified registered nurse anesthetist is not
17    required to possess prescriptive authority or a written
18    collaborative agreement meeting the requirements of
19    Section 65-35 of the Nurse Practice Act to provide
20    anesthesia services ordered by a licensed physician,
21    dentist, or podiatrist. Licensed certified registered
22    nurse anesthetists are authorized to select, order, and
23    administer drugs and apply the appropriate medical devices
24    in the provision of anesthesia services. under the
25    anesthesia plan agreed with by the anesthesiologist or, in
26    the absence of an available anesthesiologist with clinical

 

 

SB1616- 30 -LRB097 09149 CEL 49284 b

1    privileges, agreed with by the operating physician,
2    operating dentist, or operating podiatrist in accordance
3    with the medical staff consulting committee policies of a
4    licensed ambulatory surgical treatment center.
5(Source: P.A. 94-915, eff. 1-1-07; 95-639, eff. 10-5-07;
695-911, eff. 8-26-08.)
 
7    Section 20. The Illinois Clinical Laboratory and Blood Bank
8Act is amended by changing Section 7-101 as follows:
 
9    (210 ILCS 25/7-101)  (from Ch. 111 1/2, par. 627-101)
10    Sec. 7-101. Examination of specimens. A clinical
11laboratory shall examine specimens only at the request of (i) a
12licensed physician, (ii) a licensed dentist, (iii) a licensed
13podiatrist, (iv) a therapeutic optometrist for diagnostic or
14therapeutic purposes related to the use of diagnostic topical
15or therapeutic ocular pharmaceutical agents, as defined in
16subsections (c) and (d) of Section 15.1 of the Illinois
17Optometric Practice Act of 1987, (v) a licensed physician
18assistant in accordance with the written guidelines required
19under subdivision (3) of Section 4 and under Section 7.5 of the
20Physician Assistant Practice Act of 1987, (v-A) an advanced
21practice nurse in accordance with the written collaborative
22agreement required under Section 65-35 of the Nurse Practice
23Act, or (vi) an authorized law enforcement agency or, in the
24case of blood alcohol, at the request of the individual for

 

 

SB1616- 31 -LRB097 09149 CEL 49284 b

1whom the test is to be performed in compliance with Sections
211-501 and 11-501.1 of the Illinois Vehicle Code, or (vii) a
3genetic counselor with the specific authority from a referral
4to order a test or tests pursuant to subsection (b) of Section
520 of the Genetic Counselor Licensing Act. If the request to a
6laboratory is oral, the physician or other authorized person
7shall submit a written request to the laboratory within 48
8hours. If the laboratory does not receive the written request
9within that period, it shall note that fact in its records. For
10purposes of this Section, a request made by electronic mail or
11fax constitutes a written request.
12(Source: P.A. 95-639, eff. 10-5-07; 96-1313, eff. 7-27-10;
13revised 9-27-10.)
 
14    Section 25. The Hospital Licensing Act is amended by
15changing Section 10.7 as follows:
 
16    (210 ILCS 85/10.7)
17    Sec. 10.7. Clinical privileges; advanced practice nurses.
18All hospitals licensed under this Act shall comply with the
19following requirements:
20    (1) No hospital policy, rule, regulation, or practice shall
21be inconsistent with the provision of adequate collaboration
22and consultation in accordance with Section 54.5 of the Medical
23Practice Act of 1987.
24    (2) Operative surgical procedures shall be performed only

 

 

SB1616- 32 -LRB097 09149 CEL 49284 b

1by a physician licensed to practice medicine in all its
2branches under the Medical Practice Act of 1987, a dentist
3licensed under the Illinois Dental Practice Act, or a
4podiatrist licensed under the Podiatric Medical Practice Act of
51987, with medical staff membership and surgical clinical
6privileges granted at the hospital. A licensed physician,
7dentist, or podiatrist may be assisted by a physician licensed
8to practice medicine in all its branches, dentist, dental
9assistant, podiatrist, licensed advanced practice nurse,
10licensed physician assistant, licensed registered nurse,
11licensed practical nurse, surgical assistant, surgical
12technician, or other individuals granted clinical privileges
13to assist in surgery at the hospital. Payment for services
14rendered by an assistant in surgery who is not a hospital
15employee shall be paid at the appropriate non-physician
16modifier rate if the payor would have made payment had the same
17services been provided by a physician.
18    (2.5) A registered nurse licensed under the Nurse Practice
19Act and qualified by training and experience in operating room
20nursing shall be present in the operating room and function as
21the circulating nurse during all invasive or operative
22procedures. For purposes of this paragraph (2.5), "circulating
23nurse" means a registered nurse who is responsible for
24coordinating all nursing care, patient safety needs, and the
25needs of the surgical team in the operating room during an
26invasive or operative procedure.

 

 

SB1616- 33 -LRB097 09149 CEL 49284 b

1    (3) An advanced practice nurse is not required to possess
2prescriptive authority or a written collaborative agreement
3meeting the requirements of the Nurse Practice Act to provide
4advanced practice nursing services in a hospital. An advanced
5practice nurse must possess clinical privileges recommended by
6the medical staff and granted by the hospital in order to
7provide services. Individual advanced practice nurses may also
8be granted clinical privileges to order, select, and administer
9medications, including controlled substances, to provide
10delineated care. The attending physician must determine the
11advance practice nurse's role in providing care for his or her
12patients, except as otherwise provided in medical staff bylaws.
13The medical staff shall periodically review the services of
14advanced practice nurses granted privileges. This review shall
15be conducted in accordance with item (2) of subsection (a) of
16Section 10.8 of this Act for advanced practice nurses employed
17by the hospital.
18    (4) The anesthesia service shall be under the direction of
19a physician licensed to practice medicine in all its branches
20who has had specialized preparation or experience in the area
21or who has completed a residency in anesthesiology. An
22anesthesiologist, Board certified or Board eligible, is
23recommended. Anesthesia services may only be administered
24pursuant to the order of a physician licensed to practice
25medicine in all its branches, licensed dentist, or licensed
26podiatrist.

 

 

SB1616- 34 -LRB097 09149 CEL 49284 b

1        (A) The individuals who, with clinical privileges
2    granted at the hospital, may administer anesthesia
3    services are limited to the following:
4            (i) an anesthesiologist; or
5            (ii) a physician licensed to practice medicine in
6        all its branches; or
7            (iii) a dentist with authority to administer
8        anesthesia under Section 8.1 of the Illinois Dental
9        Practice Act; or
10            (iv) a licensed certified registered nurse
11        anesthetist; or
12            (v) a podiatrist licensed under the Podiatric
13        Medical Practice Act of 1987.
14        (B) (Blank). For anesthesia services, an
15    anesthesiologist shall participate through discussion of
16    and agreement with the anesthesia plan and shall remain
17    physically present and be available on the premises during
18    the delivery of anesthesia services for diagnosis,
19    consultation, and treatment of emergency medical
20    conditions. In the absence of 24-hour availability of
21    anesthesiologists with medical staff privileges, an
22    alternate policy (requiring participation, presence, and
23    availability of a physician licensed to practice medicine
24    in all its branches) shall be developed by the medical
25    staff and licensed hospital in consultation with the
26    anesthesia service.

 

 

SB1616- 35 -LRB097 09149 CEL 49284 b

1        (C) A certified registered nurse anesthetist is not
2    required to possess prescriptive authority or a written
3    collaborative agreement meeting the requirements of
4    Section 65-35 of the Nurse Practice Act to provide
5    anesthesia services ordered by a licensed physician,
6    dentist, or podiatrist. Licensed certified registered
7    nurse anesthetists are authorized to select, order, and
8    administer drugs and apply the appropriate medical devices
9    in the provision of anesthesia services. under the
10    anesthesia plan agreed with by the anesthesiologist or, in
11    the absence of an available anesthesiologist with clinical
12    privileges, agreed with by the operating physician,
13    operating dentist, or operating podiatrist in accordance
14    with the hospital's alternative policy.
15(Source: P.A. 94-915, eff. 1-1-07; 95-639, eff. 10-5-07;
1695-911, eff. 8-26-08.)
 
17    Section 30. The Illinois Insurance Code is amended by
18changing Sections 356g.5 and 356z.1 as follows:
 
19    (215 ILCS 5/356g.5)
20    Sec. 356g.5. Clinical breast exam.
21    (a) The General Assembly finds that clinical breast
22examinations are a critical tool in the early detection of
23breast cancer, while the disease is in its earlier and
24potentially more treatable stages. Insurer reimbursement of

 

 

SB1616- 36 -LRB097 09149 CEL 49284 b

1clinical breast examinations is essential to the effort to
2reduce breast cancer deaths in Illinois.
3    (b) Every insurer shall provide, in each group or
4individual policy, contract, or certificate of accident or
5health insurance issued or renewed for persons who are
6residents of Illinois, coverage for complete and thorough
7clinical breast examinations as indicated by guidelines of
8practice, performed by a physician licensed to practice
9medicine in all its branches, an advanced practice nurse who
10has a collaborative agreement with a collaborating physician
11that authorizes breast examinations, or a physician assistant
12who has been delegated authority to provide breast
13examinations, to check for lumps and other changes for the
14purpose of early detection and prevention of breast cancer as
15follows:
16        (1) at least every 3 years for women at least 20 years
17    of age but less than 40 years of age; and
18        (2) annually for women 40 years of age or older.
19    (c) Upon approval of a nationally recognized separate and
20distinct clinical breast exam code that is compliant with all
21State and federal laws, rules, and regulations, public and
22private insurance plans shall take action to cover clinical
23breast exams on a separate and distinct basis.
24(Source: P.A. 95-189, eff. 8-16-07.)
 
25    (215 ILCS 5/356z.1)

 

 

SB1616- 37 -LRB097 09149 CEL 49284 b

1    Sec. 356z.1. Prenatal HIV testing. An individual or group
2policy of accident and health insurance that provides maternity
3coverage and is amended, delivered, issued, or renewed after
4the effective date of this amendatory Act of the 92nd General
5Assembly must provide coverage for prenatal HIV testing ordered
6by an attending physician licensed to practice medicine in all
7its branches, or by a physician assistant or advanced practice
8registered nurse who has a written collaborative agreement with
9a collaborating physician that authorizes these services,
10including but not limited to orders consistent with the
11recommendations of the American College of Obstetricians and
12Gynecologists or the American Academy of Pediatrics.
13(Source: P.A. 92-130, eff. 7-20-01.)
 
14    Section 35. The Illinois Dental Practice Act is amended by
15changing Section 8.1 as follows:
 
16    (225 ILCS 25/8.1)  (from Ch. 111, par. 2308.1)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 8.1. Permit for the administration of anesthesia and
19sedation.
20    (a) No licensed dentist shall administer general
21anesthesia, deep sedation, or conscious sedation without first
22applying for and obtaining a permit for such purpose from the
23Department. The Department shall issue such permit only after
24ascertaining that the applicant possesses the minimum

 

 

SB1616- 38 -LRB097 09149 CEL 49284 b

1qualifications necessary to protect public safety. A person
2with a dental degree who administers anesthesia, deep sedation,
3or conscious sedation in an approved hospital training program
4under the supervision of either a licensed dentist holding such
5permit or a physician licensed to practice medicine in all its
6branches shall not be required to obtain such permit.
7    (b) In determining the minimum permit qualifications that
8are necessary to protect public safety, the Department, by
9rule, shall:
10        (1) establish the minimum educational and training
11    requirements necessary for a dentist to be issued an
12    appropriate permit;
13        (2) establish the standards for properly equipped
14    dental facilities (other than licensed hospitals and
15    ambulatory surgical treatment centers) in which general
16    anesthesia, deep sedation, or conscious sedation is
17    administered, as necessary to protect public safety;
18        (3) establish minimum requirements for all persons who
19    assist the dentist in the administration of general
20    anesthesia, deep sedation, or conscious sedation,
21    including minimum training requirements for each member of
22    the dental team, monitoring requirements, recordkeeping
23    requirements, and emergency procedures; and
24        (4) ensure that the dentist and all persons assisting
25    the dentist or monitoring the administration of general
26    anesthesia, deep sedation, or conscious sedation maintain

 

 

SB1616- 39 -LRB097 09149 CEL 49284 b

1    current certification in Basic Life Support (BLS).
2        (5) establish continuing education requirements in
3    sedation techniques for dentists who possess a permit under
4    this Section.
5When establishing requirements under this Section, the
6Department shall consider the current American Dental
7Association guidelines on sedation and general anesthesia, the
8current "Guidelines for Monitoring and Management of Pediatric
9Patients During and After Sedation for Diagnostic and
10Therapeutic Procedures" established by the American Academy of
11Pediatrics and the American Academy of Pediatric Dentistry, and
12the current parameters of care and Office Anesthesia Evaluation
13(OAE) Manual established by the American Association of Oral
14and Maxillofacial Surgeons.
15    (c) (Blank). A licensed dentist must hold an appropriate
16permit issued under this Section in order to perform dentistry
17while a nurse anesthetist administers conscious sedation, and a
18valid written collaborative agreement must exist between the
19dentist and the nurse anesthetist, in accordance with the Nurse
20Practice Act.
21    A licensed dentist must hold an appropriate permit issued
22under this Section in order to perform dentistry while a nurse
23anesthetist administers deep sedation or general anesthesia,
24and a valid written collaborative agreement must exist between
25the dentist and the nurse anesthetist, in accordance with the
26Nurse Practice Act.

 

 

SB1616- 40 -LRB097 09149 CEL 49284 b

1    For the purposes of this subsection (c), "nurse
2anesthetist" means a licensed certified registered nurse
3anesthetist who holds a license as an advanced practice nurse.
4(Source: P.A. 95-399, eff. 1-1-08; 95-639, eff. 1-1-08; 96-328,
5eff. 8-11-09.)
 
6    Section 37. The Medical Practice Act of 1987 is amended by
7changing Sections 22 and 54.5 as follows:
 
8    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
9    (Section scheduled to be repealed on November 30, 2011)
10    (Text of Section WITH the changes made by P.A. 94-677,
11which has been held unconstitutional)
12    Sec. 22. Disciplinary action.
13    (A) The Department may revoke, suspend, place on
14probationary status, refuse to renew, or take any other
15disciplinary action as the Department may deem proper with
16regard to the license or visiting professor permit of any
17person issued under this Act to practice medicine, or to treat
18human ailments without the use of drugs and without operative
19surgery upon any of the following grounds:
20        (1) Performance of an elective abortion in any place,
21    locale, facility, or institution other than:
22            (a) a facility licensed pursuant to the Ambulatory
23        Surgical Treatment Center Act;
24            (b) an institution licensed under the Hospital

 

 

SB1616- 41 -LRB097 09149 CEL 49284 b

1        Licensing Act;
2            (c) an ambulatory surgical treatment center or
3        hospitalization or care facility maintained by the
4        State or any agency thereof, where such department or
5        agency has authority under law to establish and enforce
6        standards for the ambulatory surgical treatment
7        centers, hospitalization, or care facilities under its
8        management and control;
9            (d) ambulatory surgical treatment centers,
10        hospitalization or care facilities maintained by the
11        Federal Government; or
12            (e) ambulatory surgical treatment centers,
13        hospitalization or care facilities maintained by any
14        university or college established under the laws of
15        this State and supported principally by public funds
16        raised by taxation.
17        (2) Performance of an abortion procedure in a wilful
18    and wanton manner on a woman who was not pregnant at the
19    time the abortion procedure was performed.
20        (3) The conviction of a felony in this or any other
21    jurisdiction, except as otherwise provided in subsection B
22    of this Section, whether or not related to practice under
23    this Act, or the entry of a guilty or nolo contendere plea
24    to a felony charge.
25        (4) Gross negligence in practice under this Act.
26        (5) Engaging in dishonorable, unethical or

 

 

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1    unprofessional conduct of a character likely to deceive,
2    defraud or harm the public.
3        (6) Obtaining any fee by fraud, deceit, or
4    misrepresentation.
5        (7) Habitual or excessive use or abuse of drugs defined
6    in law as controlled substances, of alcohol, or of any
7    other substances which results in the inability to practice
8    with reasonable judgment, skill or safety.
9        (8) Practicing under a false or, except as provided by
10    law, an assumed name.
11        (9) Fraud or misrepresentation in applying for, or
12    procuring, a license under this Act or in connection with
13    applying for renewal of a license under this Act.
14        (10) Making a false or misleading statement regarding
15    their skill or the efficacy or value of the medicine,
16    treatment, or remedy prescribed by them at their direction
17    in the treatment of any disease or other condition of the
18    body or mind.
19        (11) Allowing another person or organization to use
20    their license, procured under this Act, to practice.
21        (12) Disciplinary action of another state or
22    jurisdiction against a license or other authorization to
23    practice as a medical doctor, doctor of osteopathy, doctor
24    of osteopathic medicine or doctor of chiropractic, a
25    certified copy of the record of the action taken by the
26    other state or jurisdiction being prima facie evidence

 

 

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1    thereof.
2        (13) Violation of any provision of this Act or of the
3    Medical Practice Act prior to the repeal of that Act, or
4    violation of the rules, or a final administrative action of
5    the Secretary, after consideration of the recommendation
6    of the Disciplinary Board.
7        (14) Violation of the prohibition against fee
8    splitting in Section 22.2 of this Act.
9        (15) A finding by the Medical Disciplinary Board that
10    the registrant after having his or her license placed on
11    probationary status or subjected to conditions or
12    restrictions violated the terms of the probation or failed
13    to comply with such terms or conditions.
14        (16) Abandonment of a patient.
15        (17) Prescribing, selling, administering,
16    distributing, giving or self-administering any drug
17    classified as a controlled substance (designated product)
18    or narcotic for other than medically accepted therapeutic
19    purposes.
20        (18) Promotion of the sale of drugs, devices,
21    appliances or goods provided for a patient in such manner
22    as to exploit the patient for financial gain of the
23    physician.
24        (19) Offering, undertaking or agreeing to cure or treat
25    disease by a secret method, procedure, treatment or
26    medicine, or the treating, operating or prescribing for any

 

 

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1    human condition by a method, means or procedure which the
2    licensee refuses to divulge upon demand of the Department.
3        (20) Immoral conduct in the commission of any act
4    including, but not limited to, commission of an act of
5    sexual misconduct related to the licensee's practice.
6        (21) Wilfully making or filing false records or reports
7    in his or her practice as a physician, including, but not
8    limited to, false records to support claims against the
9    medical assistance program of the Department of Healthcare
10    and Family Services (formerly Department of Public Aid)
11    under the Illinois Public Aid Code.
12        (22) Wilful omission to file or record, or wilfully
13    impeding the filing or recording, or inducing another
14    person to omit to file or record, medical reports as
15    required by law, or wilfully failing to report an instance
16    of suspected abuse or neglect as required by law.
17        (23) Being named as a perpetrator in an indicated
18    report by the Department of Children and Family Services
19    under the Abused and Neglected Child Reporting Act, and
20    upon proof by clear and convincing evidence that the
21    licensee has caused a child to be an abused child or
22    neglected child as defined in the Abused and Neglected
23    Child Reporting Act.
24        (24) Solicitation of professional patronage by any
25    corporation, agents or persons, or profiting from those
26    representing themselves to be agents of the licensee.

 

 

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1        (25) Gross and wilful and continued overcharging for
2    professional services, including filing false statements
3    for collection of fees for which services are not rendered,
4    including, but not limited to, filing such false statements
5    for collection of monies for services not rendered from the
6    medical assistance program of the Department of Healthcare
7    and Family Services (formerly Department of Public Aid)
8    under the Illinois Public Aid Code.
9        (26) A pattern of practice or other behavior which
10    demonstrates incapacity or incompetence to practice under
11    this Act.
12        (27) Mental illness or disability which results in the
13    inability to practice under this Act with reasonable
14    judgment, skill or safety.
15        (28) Physical illness, including, but not limited to,
16    deterioration through the aging process, or loss of motor
17    skill which results in a physician's inability to practice
18    under this Act with reasonable judgment, skill or safety.
19        (29) Cheating on or attempt to subvert the licensing
20    examinations administered under this Act.
21        (30) Wilfully or negligently violating the
22    confidentiality between physician and patient except as
23    required by law.
24        (31) The use of any false, fraudulent, or deceptive
25    statement in any document connected with practice under
26    this Act.

 

 

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1        (32) Aiding and abetting an individual not licensed
2    under this Act in the practice of a profession licensed
3    under this Act.
4        (33) Violating state or federal laws or regulations
5    relating to controlled substances, legend drugs, or
6    ephedra, as defined in the Ephedra Prohibition Act.
7        (34) Failure to report to the Department any adverse
8    final action taken against them by another licensing
9    jurisdiction (any other state or any territory of the
10    United States or any foreign state or country), by any peer
11    review body, by any health care institution, by any
12    professional society or association related to practice
13    under this Act, by any governmental agency, by any law
14    enforcement agency, or by any court for acts or conduct
15    similar to acts or conduct which would constitute grounds
16    for action as defined in this Section.
17        (35) Failure to report to the Department surrender of a
18    license or authorization to practice as a medical doctor, a
19    doctor of osteopathy, a doctor of osteopathic medicine, or
20    doctor of chiropractic in another state or jurisdiction, or
21    surrender of membership on any medical staff or in any
22    medical or professional association or society, while
23    under disciplinary investigation by any of those
24    authorities or bodies, for acts or conduct similar to acts
25    or conduct which would constitute grounds for action as
26    defined in this Section.

 

 

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1        (36) Failure to report to the Department any adverse
2    judgment, settlement, or award arising from a liability
3    claim related to acts or conduct similar to acts or conduct
4    which would constitute grounds for action as defined in
5    this Section.
6        (37) Failure to provide copies of medical records as
7    required by law.
8        (38) Failure to furnish the Department, its
9    investigators or representatives, relevant information,
10    legally requested by the Department after consultation
11    with the Chief Medical Coordinator or the Deputy Medical
12    Coordinator.
13        (39) Violating the Health Care Worker Self-Referral
14    Act.
15        (40) Willful failure to provide notice when notice is
16    required under the Parental Notice of Abortion Act of 1995.
17        (41) Failure to establish and maintain records of
18    patient care and treatment as required by this law.
19        (42) (Blank). Entering into an excessive number of
20    written collaborative agreements with licensed advanced
21    practice nurses resulting in an inability to adequately
22    collaborate.
23        (43) Repeated failure to adequately collaborate with a
24    licensed advanced practice nurse.
25    Except for actions involving the ground numbered (26), all
26proceedings to suspend, revoke, place on probationary status,

 

 

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1or take any other disciplinary action as the Department may
2deem proper, with regard to a license on any of the foregoing
3grounds, must be commenced within 5 years next after receipt by
4the Department of a complaint alleging the commission of or
5notice of the conviction order for any of the acts described
6herein. Except for the grounds numbered (8), (9), (26), and
7(29), no action shall be commenced more than 10 years after the
8date of the incident or act alleged to have violated this
9Section. For actions involving the ground numbered (26), a
10pattern of practice or other behavior includes all incidents
11alleged to be part of the pattern of practice or other behavior
12that occurred or a report pursuant to Section 23 of this Act
13received within the 10-year period preceding the filing of the
14complaint. In the event of the settlement of any claim or cause
15of action in favor of the claimant or the reduction to final
16judgment of any civil action in favor of the plaintiff, such
17claim, cause of action or civil action being grounded on the
18allegation that a person licensed under this Act was negligent
19in providing care, the Department shall have an additional
20period of 2 years from the date of notification to the
21Department under Section 23 of this Act of such settlement or
22final judgment in which to investigate and commence formal
23disciplinary proceedings under Section 36 of this Act, except
24as otherwise provided by law. The time during which the holder
25of the license was outside the State of Illinois shall not be
26included within any period of time limiting the commencement of

 

 

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1disciplinary action by the Department.
2    The entry of an order or judgment by any circuit court
3establishing that any person holding a license under this Act
4is a person in need of mental treatment operates as a
5suspension of that license. That person may resume their
6practice only upon the entry of a Departmental order based upon
7a finding by the Medical Disciplinary Board that they have been
8determined to be recovered from mental illness by the court and
9upon the Disciplinary Board's recommendation that they be
10permitted to resume their practice.
11    The Department may refuse to issue or take disciplinary
12action concerning the license of any person who fails to file a
13return, or to pay the tax, penalty or interest shown in a filed
14return, or to pay any final assessment of tax, penalty or
15interest, as required by any tax Act administered by the
16Illinois Department of Revenue, until such time as the
17requirements of any such tax Act are satisfied as determined by
18the Illinois Department of Revenue.
19    The Department, upon the recommendation of the
20Disciplinary Board, shall adopt rules which set forth standards
21to be used in determining:
22        (a) when a person will be deemed sufficiently
23    rehabilitated to warrant the public trust;
24        (b) what constitutes dishonorable, unethical or
25    unprofessional conduct of a character likely to deceive,
26    defraud, or harm the public;

 

 

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1        (c) what constitutes immoral conduct in the commission
2    of any act, including, but not limited to, commission of an
3    act of sexual misconduct related to the licensee's
4    practice; and
5        (d) what constitutes gross negligence in the practice
6    of medicine.
7    However, no such rule shall be admissible into evidence in
8any civil action except for review of a licensing or other
9disciplinary action under this Act.
10    In enforcing this Section, the Medical Disciplinary Board,
11upon a showing of a possible violation, may compel any
12individual licensed to practice under this Act, or who has
13applied for licensure or a permit pursuant to this Act, to
14submit to a mental or physical examination, or both, as
15required by and at the expense of the Department. The examining
16physician or physicians shall be those specifically designated
17by the Disciplinary Board. The Medical Disciplinary Board or
18the Department may order the examining physician to present
19testimony concerning this mental or physical examination of the
20licensee or applicant. No information shall be excluded by
21reason of any common law or statutory privilege relating to
22communication between the licensee or applicant and the
23examining physician. The individual to be examined may have, at
24his or her own expense, another physician of his or her choice
25present during all aspects of the examination. Failure of any
26individual to submit to mental or physical examination, when

 

 

SB1616- 51 -LRB097 09149 CEL 49284 b

1directed, shall be grounds for suspension of his or her license
2until such time as the individual submits to the examination if
3the Disciplinary Board finds, after notice and hearing, that
4the refusal to submit to the examination was without reasonable
5cause. If the Disciplinary Board finds a physician unable to
6practice because of the reasons set forth in this Section, the
7Disciplinary Board shall require such physician to submit to
8care, counseling, or treatment by physicians approved or
9designated by the Disciplinary Board, as a condition for
10continued, reinstated, or renewed licensure to practice. Any
11physician, whose license was granted pursuant to Sections 9,
1217, or 19 of this Act, or, continued, reinstated, renewed,
13disciplined or supervised, subject to such terms, conditions or
14restrictions who shall fail to comply with such terms,
15conditions or restrictions, or to complete a required program
16of care, counseling, or treatment, as determined by the Chief
17Medical Coordinator or Deputy Medical Coordinators, shall be
18referred to the Secretary for a determination as to whether the
19licensee shall have their license suspended immediately,
20pending a hearing by the Disciplinary Board. In instances in
21which the Secretary immediately suspends a license under this
22Section, a hearing upon such person's license must be convened
23by the Disciplinary Board within 15 days after such suspension
24and completed without appreciable delay. The Disciplinary
25Board shall have the authority to review the subject
26physician's record of treatment and counseling regarding the

 

 

SB1616- 52 -LRB097 09149 CEL 49284 b

1impairment, to the extent permitted by applicable federal
2statutes and regulations safeguarding the confidentiality of
3medical records.
4    An individual licensed under this Act, affected under this
5Section, shall be afforded an opportunity to demonstrate to the
6Disciplinary Board that they can resume practice in compliance
7with acceptable and prevailing standards under the provisions
8of their license.
9    The Department may promulgate rules for the imposition of
10fines in disciplinary cases, not to exceed $10,000 for each
11violation of this Act. Fines may be imposed in conjunction with
12other forms of disciplinary action, but shall not be the
13exclusive disposition of any disciplinary action arising out of
14conduct resulting in death or injury to a patient. Any funds
15collected from such fines shall be deposited in the Medical
16Disciplinary Fund.
17    (B) The Department shall revoke the license or visiting
18permit of any person issued under this Act to practice medicine
19or to treat human ailments without the use of drugs and without
20operative surgery, who has been convicted a second time of
21committing any felony under the Illinois Controlled Substances
22Act or the Methamphetamine Control and Community Protection
23Act, or who has been convicted a second time of committing a
24Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
25Public Aid Code. A person whose license or visiting permit is
26revoked under this subsection B of Section 22 of this Act shall

 

 

SB1616- 53 -LRB097 09149 CEL 49284 b

1be prohibited from practicing medicine or treating human
2ailments without the use of drugs and without operative
3surgery.
4    (C) The Medical Disciplinary Board shall recommend to the
5Department civil penalties and any other appropriate
6discipline in disciplinary cases when the Board finds that a
7physician willfully performed an abortion with actual
8knowledge that the person upon whom the abortion has been
9performed is a minor or an incompetent person without notice as
10required under the Parental Notice of Abortion Act of 1995.
11Upon the Board's recommendation, the Department shall impose,
12for the first violation, a civil penalty of $1,000 and for a
13second or subsequent violation, a civil penalty of $5,000.
14(Source: P.A. 94-566, eff. 9-11-05; 94-677, eff. 8-25-05;
1595-331, eff. 8-21-07; 96-608, eff. 8-24-09; 96-1000, eff.
167-2-10.)
 
17    (Text of Section WITHOUT the changes made by P.A. 94-677,
18which has been held unconstitutional)
19    Sec. 22. Disciplinary action.
20    (A) The Department may revoke, suspend, place on
21probationary status, or take any other disciplinary action as
22the Department may deem proper with regard to the license or
23visiting professor permit of any person issued under this Act
24to practice medicine, or to treat human ailments without the
25use of drugs and without operative surgery upon any of the

 

 

SB1616- 54 -LRB097 09149 CEL 49284 b

1following grounds:
2        (1) Performance of an elective abortion in any place,
3    locale, facility, or institution other than:
4            (a) a facility licensed pursuant to the Ambulatory
5        Surgical Treatment Center Act;
6            (b) an institution licensed under the Hospital
7        Licensing Act;
8            (c) an ambulatory surgical treatment center or
9        hospitalization or care facility maintained by the
10        State or any agency thereof, where such department or
11        agency has authority under law to establish and enforce
12        standards for the ambulatory surgical treatment
13        centers, hospitalization, or care facilities under its
14        management and control;
15            (d) ambulatory surgical treatment centers,
16        hospitalization or care facilities maintained by the
17        Federal Government; or
18            (e) ambulatory surgical treatment centers,
19        hospitalization or care facilities maintained by any
20        university or college established under the laws of
21        this State and supported principally by public funds
22        raised by taxation.
23        (2) Performance of an abortion procedure in a wilful
24    and wanton manner on a woman who was not pregnant at the
25    time the abortion procedure was performed.
26        (3) The conviction of a felony in this or any other

 

 

SB1616- 55 -LRB097 09149 CEL 49284 b

1    jurisdiction, except as otherwise provided in subsection B
2    of this Section, whether or not related to practice under
3    this Act, or the entry of a guilty or nolo contendere plea
4    to a felony charge.
5        (4) Gross negligence in practice under this Act.
6        (5) Engaging in dishonorable, unethical or
7    unprofessional conduct of a character likely to deceive,
8    defraud or harm the public.
9        (6) Obtaining any fee by fraud, deceit, or
10    misrepresentation.
11        (7) Habitual or excessive use or abuse of drugs defined
12    in law as controlled substances, of alcohol, or of any
13    other substances which results in the inability to practice
14    with reasonable judgment, skill or safety.
15        (8) Practicing under a false or, except as provided by
16    law, an assumed name.
17        (9) Fraud or misrepresentation in applying for, or
18    procuring, a license under this Act or in connection with
19    applying for renewal of a license under this Act.
20        (10) Making a false or misleading statement regarding
21    their skill or the efficacy or value of the medicine,
22    treatment, or remedy prescribed by them at their direction
23    in the treatment of any disease or other condition of the
24    body or mind.
25        (11) Allowing another person or organization to use
26    their license, procured under this Act, to practice.

 

 

SB1616- 56 -LRB097 09149 CEL 49284 b

1        (12) Disciplinary action of another state or
2    jurisdiction against a license or other authorization to
3    practice as a medical doctor, doctor of osteopathy, doctor
4    of osteopathic medicine or doctor of chiropractic, a
5    certified copy of the record of the action taken by the
6    other state or jurisdiction being prima facie evidence
7    thereof.
8        (13) Violation of any provision of this Act or of the
9    Medical Practice Act prior to the repeal of that Act, or
10    violation of the rules, or a final administrative action of
11    the Director, after consideration of the recommendation of
12    the Disciplinary Board.
13        (14) Violation of the prohibition against fee
14    splitting in Section 22.2 of this Act.
15        (15) A finding by the Medical Disciplinary Board that
16    the registrant after having his or her license placed on
17    probationary status or subjected to conditions or
18    restrictions violated the terms of the probation or failed
19    to comply with such terms or conditions.
20        (16) Abandonment of a patient.
21        (17) Prescribing, selling, administering,
22    distributing, giving or self-administering any drug
23    classified as a controlled substance (designated product)
24    or narcotic for other than medically accepted therapeutic
25    purposes.
26        (18) Promotion of the sale of drugs, devices,

 

 

SB1616- 57 -LRB097 09149 CEL 49284 b

1    appliances or goods provided for a patient in such manner
2    as to exploit the patient for financial gain of the
3    physician.
4        (19) Offering, undertaking or agreeing to cure or treat
5    disease by a secret method, procedure, treatment or
6    medicine, or the treating, operating or prescribing for any
7    human condition by a method, means or procedure which the
8    licensee refuses to divulge upon demand of the Department.
9        (20) Immoral conduct in the commission of any act
10    including, but not limited to, commission of an act of
11    sexual misconduct related to the licensee's practice.
12        (21) Wilfully making or filing false records or reports
13    in his or her practice as a physician, including, but not
14    limited to, false records to support claims against the
15    medical assistance program of the Department of Healthcare
16    and Family Services (formerly Department of Public Aid)
17    under the Illinois Public Aid Code.
18        (22) Wilful omission to file or record, or wilfully
19    impeding the filing or recording, or inducing another
20    person to omit to file or record, medical reports as
21    required by law, or wilfully failing to report an instance
22    of suspected abuse or neglect as required by law.
23        (23) Being named as a perpetrator in an indicated
24    report by the Department of Children and Family Services
25    under the Abused and Neglected Child Reporting Act, and
26    upon proof by clear and convincing evidence that the

 

 

SB1616- 58 -LRB097 09149 CEL 49284 b

1    licensee has caused a child to be an abused child or
2    neglected child as defined in the Abused and Neglected
3    Child Reporting Act.
4        (24) Solicitation of professional patronage by any
5    corporation, agents or persons, or profiting from those
6    representing themselves to be agents of the licensee.
7        (25) Gross and wilful and continued overcharging for
8    professional services, including filing false statements
9    for collection of fees for which services are not rendered,
10    including, but not limited to, filing such false statements
11    for collection of monies for services not rendered from the
12    medical assistance program of the Department of Healthcare
13    and Family Services (formerly Department of Public Aid)
14    under the Illinois Public Aid Code.
15        (26) A pattern of practice or other behavior which
16    demonstrates incapacity or incompetence to practice under
17    this Act.
18        (27) Mental illness or disability which results in the
19    inability to practice under this Act with reasonable
20    judgment, skill or safety.
21        (28) Physical illness, including, but not limited to,
22    deterioration through the aging process, or loss of motor
23    skill which results in a physician's inability to practice
24    under this Act with reasonable judgment, skill or safety.
25        (29) Cheating on or attempt to subvert the licensing
26    examinations administered under this Act.

 

 

SB1616- 59 -LRB097 09149 CEL 49284 b

1        (30) Wilfully or negligently violating the
2    confidentiality between physician and patient except as
3    required by law.
4        (31) The use of any false, fraudulent, or deceptive
5    statement in any document connected with practice under
6    this Act.
7        (32) Aiding and abetting an individual not licensed
8    under this Act in the practice of a profession licensed
9    under this Act.
10        (33) Violating state or federal laws or regulations
11    relating to controlled substances.
12        (34) Failure to report to the Department any adverse
13    final action taken against them by another licensing
14    jurisdiction (any other state or any territory of the
15    United States or any foreign state or country), by any peer
16    review body, by any health care institution, by any
17    professional society or association related to practice
18    under this Act, by any governmental agency, by any law
19    enforcement agency, or by any court for acts or conduct
20    similar to acts or conduct which would constitute grounds
21    for action as defined in this Section.
22        (35) Failure to report to the Department surrender of a
23    license or authorization to practice as a medical doctor, a
24    doctor of osteopathy, a doctor of osteopathic medicine, or
25    doctor of chiropractic in another state or jurisdiction, or
26    surrender of membership on any medical staff or in any

 

 

SB1616- 60 -LRB097 09149 CEL 49284 b

1    medical or professional association or society, while
2    under disciplinary investigation by any of those
3    authorities or bodies, for acts or conduct similar to acts
4    or conduct which would constitute grounds for action as
5    defined in this Section.
6        (36) 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 action as defined in
10    this Section.
11        (37) Failure to provide copies of medical records as
12    required by law.
13        (38) Failure to furnish the Department, its
14    investigators or representatives, relevant information,
15    legally requested by the Department after consultation
16    with the Chief Medical Coordinator or the Deputy Medical
17    Coordinator.
18        (39) Violating the Health Care Worker Self-Referral
19    Act.
20        (40) Willful failure to provide notice when notice is
21    required under the Parental Notice of Abortion Act of 1995.
22        (41) Failure to establish and maintain records of
23    patient care and treatment as required by this law.
24        (42) (Blank). Entering into an excessive number of
25    written collaborative agreements with licensed advanced
26    practice nurses resulting in an inability to adequately

 

 

SB1616- 61 -LRB097 09149 CEL 49284 b

1    collaborate.
2        (43) Repeated failure to adequately collaborate with a
3    licensed advanced practice nurse.
4    All proceedings to suspend, revoke, place on probationary
5status, or take any other disciplinary action as the Department
6may deem proper, with regard to a license on any of the
7foregoing grounds, must be commenced within 3 years next after
8receipt by the Department of a complaint alleging the
9commission of or notice of the conviction order for any of the
10acts described herein. Except for the grounds numbered (8), (9)
11and (29), no action shall be commenced more than 5 years after
12the date of the incident or act alleged to have violated this
13Section. In the event of the settlement of any claim or cause
14of action in favor of the claimant or the reduction to final
15judgment of any civil action in favor of the plaintiff, such
16claim, cause of action or civil action being grounded on the
17allegation that a person licensed under this Act was negligent
18in providing care, the Department shall have an additional
19period of one year from the date of notification to the
20Department under Section 23 of this Act of such settlement or
21final judgment in which to investigate and commence formal
22disciplinary proceedings under Section 36 of this Act, except
23as otherwise provided by law. The time during which the holder
24of the license was outside the State of Illinois shall not be
25included within any period of time limiting the commencement of
26disciplinary action by the Department.

 

 

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1    The entry of an order or judgment by any circuit court
2establishing that any person holding a license under this Act
3is a person in need of mental treatment operates as a
4suspension of that license. That person may resume their
5practice only upon the entry of a Departmental order based upon
6a finding by the Medical Disciplinary Board that they have been
7determined to be recovered from mental illness by the court and
8upon the Disciplinary Board's recommendation that they be
9permitted to resume their practice.
10    The Department may refuse to issue or take disciplinary
11action concerning the license of any person who fails to file a
12return, or to pay the tax, penalty or interest shown in a filed
13return, or to pay any final assessment of tax, penalty or
14interest, as required by any tax Act administered by the
15Illinois Department of Revenue, until such time as the
16requirements of any such tax Act are satisfied as determined by
17the Illinois Department of Revenue.
18    The Department, upon the recommendation of the
19Disciplinary Board, shall adopt rules which set forth standards
20to be used in determining:
21        (a) when a person will be deemed sufficiently
22    rehabilitated to warrant the public trust;
23        (b) what constitutes dishonorable, unethical or
24    unprofessional conduct of a character likely to deceive,
25    defraud, or harm the public;
26        (c) what constitutes immoral conduct in the commission

 

 

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1    of any act, including, but not limited to, commission of an
2    act of sexual misconduct related to the licensee's
3    practice; and
4        (d) what constitutes gross negligence in the practice
5    of medicine.
6    However, no such rule shall be admissible into evidence in
7any civil action except for review of a licensing or other
8disciplinary action under this Act.
9    In enforcing this Section, the Medical Disciplinary Board,
10upon a showing of a possible violation, may compel any
11individual licensed to practice under this Act, or who has
12applied for licensure or a permit pursuant to this Act, to
13submit to a mental or physical examination, or both, as
14required by and at the expense of the Department. The examining
15physician or physicians shall be those specifically designated
16by the Disciplinary Board. The Medical Disciplinary Board or
17the Department may order the examining physician to present
18testimony concerning this mental or physical examination of the
19licensee or applicant. No information shall be excluded by
20reason of any common law or statutory privilege relating to
21communication between the licensee or applicant and the
22examining physician. The individual to be examined may have, at
23his or her own expense, another physician of his or her choice
24present during all aspects of the examination. Failure of any
25individual to submit to mental or physical examination, when
26directed, shall be grounds for suspension of his or her license

 

 

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1until such time as the individual submits to the examination if
2the Disciplinary Board finds, after notice and hearing, that
3the refusal to submit to the examination was without reasonable
4cause. If the Disciplinary Board finds a physician unable to
5practice because of the reasons set forth in this Section, the
6Disciplinary Board shall require such physician to submit to
7care, counseling, or treatment by physicians approved or
8designated by the Disciplinary Board, as a condition for
9continued, reinstated, or renewed licensure to practice. Any
10physician, whose license was granted pursuant to Sections 9,
1117, or 19 of this Act, or, continued, reinstated, renewed,
12disciplined or supervised, subject to such terms, conditions or
13restrictions who shall fail to comply with such terms,
14conditions or restrictions, or to complete a required program
15of care, counseling, or treatment, as determined by the Chief
16Medical Coordinator or Deputy Medical Coordinators, shall be
17referred to the Director for a determination as to whether the
18licensee shall have their license suspended immediately,
19pending a hearing by the Disciplinary Board. In instances in
20which the Director immediately suspends a license under this
21Section, a hearing upon such person's license must be convened
22by the Disciplinary Board within 15 days after such suspension
23and completed without appreciable delay. The Disciplinary
24Board shall have the authority to review the subject
25physician's record of treatment and counseling regarding the
26impairment, to the extent permitted by applicable federal

 

 

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1statutes and regulations safeguarding the confidentiality of
2medical records.
3    An individual licensed under this Act, affected under this
4Section, shall be afforded an opportunity to demonstrate to the
5Disciplinary Board that they can resume practice in compliance
6with acceptable and prevailing standards under the provisions
7of their license.
8    The Department may promulgate rules for the imposition of
9fines in disciplinary cases, not to exceed $5,000 for each
10violation of this Act. Fines may be imposed in conjunction with
11other forms of disciplinary action, but shall not be the
12exclusive disposition of any disciplinary action arising out of
13conduct resulting in death or injury to a patient. Any funds
14collected from such fines shall be deposited in the Medical
15Disciplinary Fund.
16    (B) The Department shall revoke the license or visiting
17permit of any person issued under this Act to practice medicine
18or to treat human ailments without the use of drugs and without
19operative surgery, who has been convicted a second time of
20committing any felony under the Illinois Controlled Substances
21Act or the Methamphetamine Control and Community Protection
22Act, or who has been convicted a second time of committing a
23Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
24Public Aid Code. A person whose license or visiting permit is
25revoked under this subsection B of Section 22 of this Act shall
26be prohibited from practicing medicine or treating human

 

 

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1ailments without the use of drugs and without operative
2surgery.
3    (C) The Medical Disciplinary Board shall recommend to the
4Department civil penalties and any other appropriate
5discipline in disciplinary cases when the Board finds that a
6physician willfully performed an abortion with actual
7knowledge that the person upon whom the abortion has been
8performed is a minor or an incompetent person without notice as
9required under the Parental Notice of Abortion Act of 1995.
10Upon the Board's recommendation, the Department shall impose,
11for the first violation, a civil penalty of $1,000 and for a
12second or subsequent violation, a civil penalty of $5,000.
13(Source: P.A. 94-566, eff. 9-11-05; 95-331, eff. 8-21-07;
1496-608, eff. 8-24-09; 96-1000, eff. 7-2-10.)
 
15    (225 ILCS 60/54.5)
16    (Section scheduled to be repealed on November 30, 2011)
17    Sec. 54.5. Physician delegation of authority to physician
18assistants and advanced practice nurses.
19    (a) Physicians licensed to practice medicine in all its
20branches may delegate care and treatment responsibilities to a
21physician assistant under guidelines in accordance with the
22requirements of the Physician Assistant Practice Act of 1987. A
23physician licensed to practice medicine in all its branches may
24enter into supervising physician agreements with no more than 2
25physician assistants.

 

 

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1    (b) A physician licensed to practice medicine in all its
2branches in active clinical practice may collaborate and
3consult with an advanced practice nurse in accordance with the
4requirements of the Nurse Practice Act. Collaboration is for
5the purpose of providing medical consultation, and no
6employment relationship is required. A written collaborative
7agreement shall conform to the requirements of Section 65-35 of
8the Nurse Practice Act. The written collaborative agreement
9shall be for services the collaborating physician generally
10provides to his or her patients in the normal course of
11clinical medical practice. A written collaborative agreement
12shall be adequate with respect to collaboration with advanced
13practice nurses if all of the following apply:
14        (1) The agreement is written to promote the exercise of
15    professional judgment by the advanced practice nurse
16    commensurate with his or her education and experience. The
17    agreement need not describe the exact steps that an
18    advanced practice nurse must take with respect to each
19    specific condition, disease, or symptom, but must specify
20    those procedures that require a physician's presence as the
21    procedures are being performed.
22        (2) Practice guidelines and orders are developed and
23    approved jointly by the advanced practice nurse and
24    collaborating physician, as needed, based on the practice
25    of the practitioners. Such guidelines and orders and the
26    patient services provided thereunder are periodically

 

 

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1    reviewed by the collaborating physician.
2        (3) The advance practice nurse provides services the
3    collaborating physician generally provides to his or her
4    patients in the normal course of clinical practice, except
5    as set forth in subsection (b-5) of this Section. With
6    respect to labor and delivery, the collaborating physician
7    must provide delivery services in order to participate with
8    a certified nurse midwife.
9        (4) The collaborating physician and advanced practice
10    nurse meet in person at least once a month to provide
11    collaboration and consultation.
12        (5) Methods of communication are available with the
13    collaborating physician in person or through
14    telecommunications for consultation, collaboration, and
15    referral as needed to address patient care needs.
16        (6) The agreement contains provisions detailing notice
17    for termination or change of status involving a written
18    collaborative agreement, except when such notice is given
19    for just cause.
20    (b-5) (Blank). An anesthesiologist or physician licensed
21to practice medicine in all its branches may collaborate with a
22certified registered nurse anesthetist in accordance with
23Section 65-35 of the Nurse Practice Act for the provision of
24anesthesia services. With respect to the provision of
25anesthesia services, the collaborating anesthesiologist or
26physician shall have training and experience in the delivery of

 

 

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1anesthesia services consistent with Department rules.
2Collaboration shall be adequate if:
3        (1) an anesthesiologist or a physician participates in
4    the joint formulation and joint approval of orders or
5    guidelines and periodically reviews such orders and the
6    services provided patients under such orders; and
7        (2) for anesthesia services, the anesthesiologist or
8    physician participates through discussion of and agreement
9    with the anesthesia plan and is physically present and
10    available on the premises during the delivery of anesthesia
11    services for diagnosis, consultation, and treatment of
12    emergency medical conditions. Anesthesia services in a
13    hospital shall be conducted in accordance with Section 10.7
14    of the Hospital Licensing Act and in an ambulatory surgical
15    treatment center in accordance with Section 6.5 of the
16    Ambulatory Surgical Treatment Center Act.
17    (b-10) (Blank). The anesthesiologist or operating
18physician must agree with the anesthesia plan prior to the
19delivery of services.
20    (c) The supervising physician shall have access to the
21medical records of all patients attended by a physician
22assistant. The collaborating physician shall have access to the
23medical records of all patients attended to by an advanced
24practice nurse.
25    (d) (Blank).
26    (e) A physician shall not be liable for the acts or

 

 

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1omissions of a physician assistant or advanced practice nurse
2solely on the basis of having signed a supervision agreement or
3guidelines for a physician assistant or providing consultation
4and collaboration with an advanced practice nurse, issuing or a
5collaborative agreement, an order, a standing medical order, a
6standing delegation order, or other order or guideline
7authorizing a physician assistant or advanced practice nurse to
8perform acts, unless the physician has reason to believe the
9physician assistant or advanced practice nurse lacked the
10competency to perform the act or acts or commits willful and
11wanton misconduct.
12(Source: P.A. 95-639, eff. 10-5-07; 96-618, eff. 1-1-10.)
 
13    Section 40. The Nurse Practice Act is amended by changing
14Sections 50-10, 65-30, 65-40, 65-45, 65-55, and 70-5 as
15follows:
 
16    (225 ILCS 65/50-10)   (was 225 ILCS 65/5-10)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 50-10. Definitions. Each of the following terms, when
19used in this Act, shall have the meaning ascribed to it in this
20Section, except where the context clearly indicates otherwise:
21    "Academic year" means the customary annual schedule of
22courses at a college, university, or approved school,
23customarily regarded as the school year as distinguished from
24the calendar year.

 

 

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1    "Advanced practice nurse" or "APN" means a person who has
2met the qualifications for a (i) certified nurse midwife (CNM);
3(ii) certified nurse practitioner (CNP); (iii) certified
4registered nurse anesthetist (CRNA); or (iv) clinical nurse
5specialist (CNS) and has been licensed by the Department. All
6advanced practice nurses licensed and practicing in the State
7of Illinois shall use the title APN and may use speciality
8credentials after their name.
9    "Approved program of professional nursing education" and
10"approved program of practical nursing education" are programs
11of professional or practical nursing, respectively, approved
12by the Department under the provisions of this Act.
13    "Board" means the Board of Nursing appointed by the
14Secretary.
15    "Collaboration" means a process involving 2 or more health
16care professionals working together, each contributing one's
17respective area of expertise to provide more comprehensive
18patient care.
19    "Consultation" means the process whereby an advanced
20practice nurse seeks the advice or opinion of another health
21care professional.
22    "Credentialed" means the process of assessing and
23validating the qualifications of a health care professional.
24    "Current nursing practice update course" means a planned
25nursing education curriculum approved by the Department
26consisting of activities that have educational objectives,

 

 

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1instructional methods, content or subject matter, clinical
2practice, and evaluation methods, related to basic review and
3updating content and specifically planned for those nurses
4previously licensed in the United States or its territories and
5preparing for reentry into nursing practice.
6    "Dentist" means a person licensed to practice dentistry
7under the Illinois Dental Practice Act.
8    "Department" means the Department of Financial and
9Professional Regulation.
10    "Impaired nurse" means a nurse licensed under this Act who
11is unable to practice with reasonable skill and safety because
12of a physical or mental disability as evidenced by a written
13determination or written consent based on clinical evidence,
14including loss of motor skills, abuse of drugs or alcohol, or a
15psychiatric disorder, of sufficient degree to diminish his or
16her ability to deliver competent patient care.
17    "License-pending advanced practice nurse" means a
18registered professional nurse who has completed all
19requirements for licensure as an advanced practice nurse except
20the certification examination and has applied to take the next
21available certification exam and received a temporary license
22from the Department.
23    "License-pending registered nurse" means a person who has
24passed the Department-approved registered nurse licensure exam
25and has applied for a license from the Department. A
26license-pending registered nurse shall use the title "RN lic

 

 

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1pend" on all documentation related to nursing practice.
2    "Physician" means a person licensed to practice medicine in
3all its branches under the Medical Practice Act of 1987.
4    "Podiatrist" means a person licensed to practice podiatry
5under the Podiatric Medical Practice Act of 1987.
6    "Practical nurse" or "licensed practical nurse" means a
7person who is licensed as a practical nurse under this Act and
8practices practical nursing as defined in this Act. Only a
9practical nurse licensed under this Act is entitled to use the
10title "licensed practical nurse" and the abbreviation
11"L.P.N.".
12    "Practical nursing" means the performance of nursing acts
13requiring the basic nursing knowledge, judgement, and skill
14acquired by means of completion of an approved practical
15nursing education program. Practical nursing includes
16assisting in the nursing process as delegated by a registered
17professional nurse or an advanced practice nurse. The practical
18nurse may work under the direction of a licensed physician,
19dentist, podiatrist, or other health care professional
20determined by the Department.
21    "Privileged" means the authorization granted by the
22governing body of a healthcare facility, agency, or
23organization to provide specific patient care services within
24well-defined limits, based on qualifications reviewed in the
25credentialing process.
26    "Registered Nurse" or "Registered Professional Nurse"

 

 

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1means a person who is licensed as a professional nurse under
2this Act and practices nursing as defined in this Act. Only a
3registered nurse licensed under this Act is entitled to use the
4titles "registered nurse" and "registered professional nurse"
5and the abbreviation, "R.N.".
6    "Registered professional nursing practice" is a scientific
7process founded on a professional body of knowledge; it is a
8learned profession based on the understanding of the human
9condition across the life span and environment and includes all
10nursing specialities and means the performance of any nursing
11act based upon professional knowledge, judgment, and skills
12acquired by means of completion of an approved professional
13nursing education program. A registered professional nurse
14provides holistic nursing care through the nursing process to
15individuals, groups, families, or communities, that includes
16but is not limited to: (1) the assessment of healthcare needs,
17nursing diagnosis, planning, implementation, and nursing
18evaluation; (2) the promotion, maintenance, and restoration of
19health; (3) counseling, patient education, health education,
20and patient advocacy; (4) the administration of medications and
21treatments as prescribed by a physician licensed to practice
22medicine in all of its branches, a licensed dentist, a licensed
23podiatrist, or a licensed optometrist or as prescribed by a
24physician assistant in accordance with written guidelines
25required under the Physician Assistant Practice Act of 1987 or
26by an advanced practice nurse in accordance with Article 65 of

 

 

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1this Act; (5) the coordination and management of the nursing
2plan of care; (6) the delegation to and supervision of
3individuals who assist the registered professional nurse
4implementing the plan of care; and (7) teaching nursing
5students. The foregoing shall not be deemed to include those
6acts of medical diagnosis or prescription of therapeutic or
7corrective measures.
8    "Professional assistance program for nurses" means a
9professional assistance program that meets criteria
10established by the Board of Nursing and approved by the
11Secretary, which provides a non-disciplinary treatment
12approach for nurses licensed under this Act whose ability to
13practice is compromised by alcohol or chemical substance
14addiction.
15    "Secretary" means the Secretary of Financial and
16Professional Regulation.
17    "Unencumbered license" means a license issued in good
18standing.
19    "Written collaborative agreement" means a written
20agreement between an advanced practice nurse and a
21collaborating physician, dentist, or podiatrist pursuant to
22Section 65-35.
23(Source: P.A. 95-639, eff. 10-5-07.)
 
24    (225 ILCS 65/65-30)
25    (Section scheduled to be repealed on January 1, 2018)

 

 

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1    Sec. 65-30. APN scope of practice.
2    (a) Advanced practice nursing by certified nurse
3practitioners, certified nurse anesthetists, certified nurse
4midwives, or clinical nurse specialists is based on knowledge
5and skills acquired throughout an advanced practice nurse's
6nursing education, training, and experience.
7    (b) Practice as an advanced practice nurse means a scope of
8nursing practice, with or without compensation, and includes
9the registered nurse scope of practice.
10    (c) The scope of practice of an advanced practice nurse
11includes, but is not limited to, each of the following:
12        (1) Advanced nursing patient assessment and diagnosis.
13        (2) Ordering diagnostic and therapeutic tests and
14procedures, performing those tests and procedures when using
15health care equipment, and interpreting and using the results
16of diagnostic and therapeutic tests and procedures ordered by
17the advanced practice nurse or another health care
18professional.
19        (3) Ordering treatments, ordering or applying
20appropriate medical devices, and using nursing medical,
21therapeutic, and corrective measures to treat illness and
22improve health status.
23        (4) Providing palliative and end-of-life care.
24        (5) Providing advanced counseling, patient education,
25health education, and patient advocacy.
26        (6) Prescriptive authority as defined in Section 65-40

 

 

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1of this Act.
2        (7) Delegating selected nursing activities or tasks to
3a licensed practical nurse, a registered professional nurse, or
4other personnel.
5        (8) Collaboration and consultation with or referral to
6a physician or other appropriate health-care professional for
7patient care needs that exceed the APN's scope of practice,
8education, or experience.
9(Source: P.A. 95-639, eff. 10-5-07.)
 
10    (225 ILCS 65/65-40)   (was 225 ILCS 65/15-20)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 65-40. Prescriptive authority.
13    (a) As part of the professional scope of advanced practice
14nursing, an APN possesses prescriptive authority appropriate
15to his or her specialty, scope of practice, education, and
16experience. Such prescriptive authority shall A collaborating
17physician or podiatrist may, but is not required to, delegate
18prescriptive authority to an advanced practice nurse as part of
19a written collaborative agreement. This authority may, but is
20not required to, include prescription of, selection of, orders
21for, administration of, storage of, acceptance of samples of,
22and dispensing over the counter medications, legend drugs,
23medical gases, and controlled substances categorized as any
24Schedule III through V controlled substances, as defined in
25Article II of the Illinois Controlled Substances Act, and other

 

 

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1preparations, including, but not limited to, botanical and
2herbal remedies. The collaborating physician or podiatrist
3must have a valid current Illinois controlled substance license
4and federal registration to delegate authority to prescribe
5delegated controlled substances.
6    (b) (Blank). To prescribe controlled substances under this
7Section, an advanced practice nurse must obtain a mid-level
8practitioner controlled substance license. Medication orders
9shall be reviewed periodically by the collaborating physician
10or podiatrist.
11    (c) (Blank). The collaborating physician or podiatrist
12shall file with the Department notice of delegation of
13prescriptive authority and termination of such delegation, in
14accordance with rules of the Department. Upon receipt of this
15notice delegating authority to prescribe any Schedule III
16through V controlled substances, the licensed advanced
17practice nurse shall be eligible to register for a mid-level
18practitioner controlled substance license under Section 303.05
19of the Illinois Controlled Substances Act.
20    (d) (Blank). In addition to the requirements of subsections
21(a), (b), and (c) of this Section, a collaborating physician
22may, but is not required to, delegate authority to an advanced
23practice nurse to prescribe any Schedule II controlled
24substances, if all of the following conditions apply:
25        (1) No more than 5 Schedule II controlled substances by
26    oral dosage may be delegated.

 

 

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1        (2) Any delegation must be controlled substances that
2    the collaborating physician prescribes.
3        (3) Any prescription must be limited to no more than a
4    30-day oral dosage, with any continuation authorized only
5    after prior approval of the collaborating physician.
6        (4) The advanced practice nurse must discuss the
7    condition of any patients for whom a controlled substance
8    is prescribed monthly with the delegating physician.
9    (e) (Blank). Nothing in this Act shall be construed to
10limit the delegation of tasks or duties by a physician to a
11licensed practical nurse, a registered professional nurse, or
12other persons.
13(Source: P.A. 95-639, eff. 10-5-07; 96-189, eff. 8-10-09.)
 
14    (225 ILCS 65/65-45)   (was 225 ILCS 65/15-25)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 65-45. Advanced practice nursing in hospitals or
17ambulatory surgical treatment centers.
18    (a) An advanced practice nurse may provide services in a
19licensed hospital or a licensed ambulatory surgical treatment
20center without prescriptive authority or a written
21collaborative agreement pursuant to Section 65-35 of this Act.
22An advanced practice nurse must possess clinical privileges
23recommended by the hospital medical staff and granted by the
24hospital or the consulting medical staff committee and
25ambulatory surgical treatment center in order to provide

 

 

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1services in a licensed hospital or a licensed ambulatory
2surgical treatment center. The medical staff or consulting
3medical staff committee shall periodically review the services
4of advanced practice nurses granted clinical privileges.
5Authority may also be granted to individual advanced practice
6nurses to select, order, and administer medications, including
7controlled substances, to provide delineated care. The
8attending physician shall determine an advanced practice
9nurse's role in providing care for his or her patients, except
10as otherwise provided in the medical staff bylaws or consulting
11committee policies.
12    (a-5) (Blank). For anesthesia services provided by a
13certified registered nurse anesthetist, an anesthesiologist,
14physician, dentist, or podiatrist shall participate through
15discussion of and agreement with the anesthesia plan and shall
16remain physically present and be available on the premises
17during the delivery of anesthesia services for diagnosis,
18consultation, and treatment of emergency medical conditions,
19unless hospital policy adopted pursuant to clause (B) of
20subdivision (3) of Section 10.7 of the Hospital Licensing Act
21or ambulatory surgical treatment center policy adopted
22pursuant to clause (B) of subdivision (3) of Section 6.5 of the
23Ambulatory Surgical Treatment Center Act provides otherwise. A
24certified registered nurse anesthetist may select, order, and
25administer medication for anesthesia services under the
26anesthesia plan agreed to by the anesthesiologist or the

 

 

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1physician, in accordance with hospital alternative policy or
2the medical staff consulting committee policies of a licensed
3ambulatory surgical treatment center.
4    (b) An advanced practice nurse who provides services in a
5hospital shall do so in accordance with Section 10.7 of the
6Hospital Licensing Act and, in an ambulatory surgical treatment
7center, in accordance with Section 6.5 of the Ambulatory
8Surgical Treatment Center Act.
9(Source: P.A. 95-639, eff. 10-5-07.)
 
10    (225 ILCS 65/65-55)   (was 225 ILCS 65/15-40)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 65-55. Advertising as an APN.
13    (a) A person licensed under this Act as an advanced
14practice nurse may advertise the availability of professional
15services in the public media or on the premises where the
16professional services are rendered. The advertising shall be
17limited to the following information:
18        (1) publication of the person's name, title, office
19    hours, address, and telephone number;
20        (2) information pertaining to the person's areas of
21    specialization, including but not limited to appropriate
22    board certification or limitation of professional
23    practice;
24        (3) (blank); publication of the person's collaborating
25    physician's, dentist's, or podiatrist's name, title, and

 

 

SB1616- 82 -LRB097 09149 CEL 49284 b

1    areas of specialization;
2        (4) information on usual and customary fees for routine
3    professional services offered, which shall include
4    notification that fees may be adjusted due to complications
5    or unforeseen circumstances;
6        (5) announcements of the opening of, change of, absence
7    from, or return to business;
8        (6) announcement of additions to or deletions from
9    professional licensed staff; and
10        (7) the issuance of business or appointment cards.
11    (b) It is unlawful for a person licensed under this Act as
12an advanced practice nurse to use testimonials or claims of
13superior quality of care to entice the public. It shall be
14unlawful to advertise fee comparisons of available services
15with those of other licensed persons.
16    (c) This Article does not authorize the advertising of
17professional services that the offeror of the services is not
18licensed or authorized to render. Nor shall the advertiser use
19statements that contain false, fraudulent, deceptive, or
20misleading material or guarantees of success, statements that
21play upon the vanity or fears of the public, or statements that
22promote or produce unfair competition.
23    (d) It is unlawful and punishable under the penalty
24provisions of this Act for a person licensed under this Article
25to knowingly advertise that the licensee will accept as payment
26for services rendered by assignment from any third party payor

 

 

SB1616- 83 -LRB097 09149 CEL 49284 b

1the amount the third party payor covers as payment in full, if
2the effect is to give the impression of eliminating the need of
3payment by the patient of any required deductible or copayment
4applicable in the patient's health benefit plan.
5    (e) A licensee shall include in every advertisement for
6services regulated under this Act his or her title as it
7appears on the license or the initials authorized under this
8Act.
9    (f) As used in this Section, "advertise" means solicitation
10by the licensee or through another person or entity by means of
11handbills, posters, circulars, motion pictures, radio,
12newspapers, or television or any other manner.
13(Source: P.A. 95-639, eff. 10-5-07.)
 
14    (225 ILCS 65/70-5)   (was 225 ILCS 65/10-45)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 70-5. Grounds for disciplinary action.
17    (a) The Department may refuse to issue or to renew, or may
18revoke, suspend, place on probation, reprimand, or take other
19disciplinary or non-disciplinary action as the Department may
20deem appropriate, including fines not to exceed $10,000 per
21violation, with regard to a license for any one or combination
22of the causes set forth in subsection (b) below. All fines
23collected under this Section shall be deposited in the Nursing
24Dedicated and Professional Fund.
25    (b) Grounds for disciplinary action include the following:

 

 

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1        (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 or nolo contendere,
8    finding of guilt, jury verdict, or entry of judgment or by
9    sentencing of any crime, including, but not limited to,
10    convictions, preceding sentences of supervision,
11    conditional discharge, or first offender probation, under
12    the laws of any jurisdiction of the United States: (i) that
13    is a felony; or (ii) that is a misdemeanor, an essential
14    element of which is dishonesty, or that is directly related
15    to the practice of the profession.
16        (4) A pattern of practice or other behavior which
17    demonstrates incapacity or incompetency 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 likely to deceive,
26    defraud or harm the public, as defined by rule.

 

 

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1        (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 could result in a licensee's inability to practice
7    with 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 her or
13    his license placed on probationary status or subject to
14    conditions or restrictions, has violated the terms of
15    probation or failed to comply with such terms or
16    conditions.
17        (12) Being named as a perpetrator in an indicated
18    report by the Department of Children and Family Services
19    and under the Abused and Neglected Child Reporting Act, and
20    upon proof by clear and convincing evidence that the
21    licensee has caused a child to be an abused child or
22    neglected child as defined in the Abused and Neglected
23    Child Reporting Act.
24        (13) Willful omission to file or record, or willfully
25    impeding the filing or recording or inducing another person
26    to omit to file or record medical reports as required by

 

 

SB1616- 86 -LRB097 09149 CEL 49284 b

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

 

 

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1        (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) Fraud, deceit or misrepresentation in applying
6    for or procuring a license under this Act or in connection
7    with applying for renewal of a license under this Act.
8        (21) Allowing another person or organization to use the
9    licensees' license to deceive the public.
10        (22) Willfully making or filing false records or
11    reports in the licensee's practice, including but not
12    limited to false records to support claims against the
13    medical assistance program of the Department of Healthcare
14    and Family Services (formerly Department of Public Aid)
15    under the Illinois Public Aid Code.
16        (23) Attempting to subvert or cheat on a licensing
17    examination administered under this Act.
18        (24) Immoral conduct in the commission of an act,
19    including, but not limited to, sexual abuse, sexual
20    misconduct, or sexual exploitation, related to the
21    licensee's practice.
22        (25) Willfully or negligently violating the
23    confidentiality between nurse and patient except as
24    required by law.
25        (26) Practicing under a false or assumed name, except
26    as provided by law.

 

 

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1        (27) The use of any false, fraudulent, or deceptive
2    statement in any document connected with the licensee's
3    practice.
4        (28) Directly or indirectly giving to or receiving from
5    a person, firm, corporation, partnership, or association a
6    fee, commission, rebate, or other form of compensation for
7    professional services not actually or personally rendered.
8    Nothing in this paragraph (28) affects any bona fide
9    independent contractor or employment arrangements among
10    health care professionals, health facilities, health care
11    providers, or other entities, except as otherwise
12    prohibited by law. Any employment arrangements may include
13    provisions for compensation, health insurance, pension, or
14    other employment benefits for the provision of services
15    within the scope of the licensee's practice under this Act.
16    Nothing in this paragraph (28) shall be construed to
17    require an employment arrangement to receive professional
18    fees for services rendered.
19        (29) A violation of the Health Care Worker
20    Self-Referral Act.
21        (30) Physical illness, including but not limited to
22    deterioration through the aging process or loss of motor
23    skill, mental illness, or disability that results in the
24    inability to practice the profession with reasonable
25    judgment, skill, or safety.
26        (31) (Blank). Exceeding the terms of a collaborative

 

 

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1    agreement or the prescriptive authority delegated to a
2    licensee by his or her collaborating physician or
3    podiatrist in guidelines established under a written
4    collaborative agreement.
5        (32) Making a false or misleading statement regarding a
6    licensee's skill or the efficacy or value of the medicine,
7    treatment, or remedy prescribed by him or her in the course
8    of treatment.
9        (33) Prescribing, selling, administering,
10    distributing, giving, or self-administering a drug
11    classified as a controlled substance (designated product)
12    or narcotic for other than medically accepted therapeutic
13    purposes.
14        (34) Promotion of the sale of drugs, devices,
15    appliances, or goods provided for a patient in a manner to
16    exploit the patient for financial gain.
17        (35) Violating State or federal laws, rules, or
18    regulations relating to controlled substances.
19        (36) Willfully or negligently violating the
20    confidentiality between an advanced practice nurse,
21    collaborating physician, dentist, or podiatrist and a
22    patient, except as required by law.
23        (37) A violation of any provision of this Act or any
24    rules promulgated under this Act.
25    (c) The determination by a circuit court that a licensee is
26subject to involuntary admission or judicial admission as

 

 

SB1616- 90 -LRB097 09149 CEL 49284 b

1provided in the Mental Health and Developmental Disabilities
2Code, as amended, operates as an automatic suspension. The
3suspension will end only upon a finding by a court that the
4patient is no longer subject to involuntary admission or
5judicial admission and issues an order so finding and
6discharging the patient; and upon the recommendation of the
7Board to the Secretary that the licensee be allowed to resume
8his or her practice.
9    (d) The Department may refuse to issue or may suspend or
10otherwise discipline the license of any person who fails to
11file a return, or to pay the tax, penalty or interest shown in
12a filed return, or to pay any final assessment of the tax,
13penalty, or interest as required by any tax Act administered by
14the Department of Revenue, until such time as the requirements
15of any such tax Act are satisfied.
16    (e) In enforcing this Act, the Department or Board, upon a
17showing of a possible violation, may compel an individual
18licensed to practice under this Act or who has applied for
19licensure under this Act, to submit to a mental or physical
20examination, or both, as required by and at the expense of the
21Department. The Department or Board may order the examining
22physician to present testimony concerning the mental or
23physical examination of the licensee or applicant. No
24information shall be excluded by reason of any common law or
25statutory privilege relating to communications between the
26licensee or applicant and the examining physician. The

 

 

SB1616- 91 -LRB097 09149 CEL 49284 b

1examining physicians shall be specifically designated by the
2Board or Department. The individual to be examined may have, at
3his or her own expense, another physician of his or her choice
4present during all aspects of this examination. Failure of an
5individual to submit to a mental or physical examination, when
6directed, shall result in an automatic suspension without
7hearing.
8    All substance-related violations shall mandate an
9automatic substance abuse assessment. Failure to submit to an
10assessment by a licensed physician who is certified as an
11addictionist or an advanced practice nurse with specialty
12certification in addictions may be grounds for an automatic
13suspension, as defined by rule.
14    If the Department or Board finds an individual unable to
15practice or unfit for duty because of the reasons set forth in
16this Section, the Department or Board may require that
17individual to submit to a substance abuse evaluation or
18treatment by individuals or programs approved or designated by
19the Department or Board, as a condition, term, or restriction
20for continued, reinstated, or renewed licensure to practice;
21or, in lieu of evaluation or treatment, the Department may
22file, or the Board may recommend to the Department to file, a
23complaint to immediately suspend, revoke, or otherwise
24discipline the license of the individual. An individual whose
25license was granted, continued, reinstated, renewed,
26disciplined or supervised subject to such terms, conditions, or

 

 

SB1616- 92 -LRB097 09149 CEL 49284 b

1restrictions, and who fails to comply with such terms,
2conditions, or restrictions, shall be referred to the Secretary
3for a determination as to whether the individual shall have his
4or her license suspended immediately, pending a hearing by the
5Department.
6    In instances in which the Secretary immediately suspends a
7person's license under this Section, a hearing on that person's
8license must be convened by the Department within 15 days after
9the suspension and completed without appreciable delay. The
10Department and Board shall have the authority to review the
11subject individual's record of treatment and counseling
12regarding the impairment to the extent permitted by applicable
13federal statutes and regulations safeguarding the
14confidentiality of medical records.
15    An individual licensed under this Act and affected under
16this Section shall be afforded an opportunity to demonstrate to
17the Department that he or she can resume practice in compliance
18with nursing standards under the provisions of his or her
19license.
20(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;
2196-1482, eff. 11-29-10.)
 
22    Section 45. The Illinois Occupational Therapy Practice Act
23is amended by changing Section 3.1 as follows:
 
24    (225 ILCS 75/3.1)

 

 

SB1616- 93 -LRB097 09149 CEL 49284 b

1    (Section scheduled to be repealed on January 1, 2014)
2    Sec. 3.1. Referrals. A licensed occupational therapist or
3licensed occupational therapy assistant may consult with,
4educate, evaluate, and monitor services for clients concerning
5non-medical occupational therapy needs. Implementation of
6direct occupational therapy to individuals for their specific
7health care conditions shall be based upon a referral from a
8licensed physician, dentist, podiatrist, advanced practice
9nurse who has a written collaborative agreement with a
10collaborating physician to provide or accept referrals from
11licensed occupational therapists, physician assistant who has
12been delegated authority to provide or accept referrals from or
13to licensed occupational therapists, or optometrist.
14    An occupational therapist shall refer to a licensed
15physician, dentist, optometrist, advanced practice nurse,
16physician assistant, or podiatrist any patient whose medical
17condition should, at the time of evaluation or treatment, be
18determined to be beyond the scope of practice of the
19occupational therapist.
20(Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03; 93-962,
21eff. 8-20-04.)
 
22    Section 50. The Pharmacy Practice Act is amended by
23changing Section 4 as follows:
 
24    (225 ILCS 85/4)  (from Ch. 111, par. 4124)

 

 

SB1616- 94 -LRB097 09149 CEL 49284 b

1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 4. Exemptions. Nothing contained in any Section of
3this Act shall apply to, or in any manner interfere with:
4    (a) the lawful practice of any physician licensed to
5practice medicine in all of its branches, dentist, podiatrist,
6veterinarian, or therapeutically or diagnostically certified
7optometrist within the limits of his or her license, or prevent
8him or her from supplying to his or her bona fide patients such
9drugs, medicines, or poisons as may seem to him appropriate;
10    (b) the sale of compressed gases;
11    (c) the sale of patent or proprietary medicines and
12household remedies when sold in original and unbroken packages
13only, if such patent or proprietary medicines and household
14remedies be properly and adequately labeled as to content and
15usage and generally considered and accepted as harmless and
16nonpoisonous when used according to the directions on the
17label, and also do not contain opium or coca leaves, or any
18compound, salt or derivative thereof, or any drug which,
19according to the latest editions of the following authoritative
20pharmaceutical treatises and standards, namely, The United
21States Pharmacopoeia/National Formulary (USP/NF), the United
22States Dispensatory, and the Accepted Dental Remedies of the
23Council of Dental Therapeutics of the American Dental
24Association or any or either of them, in use on the effective
25date of this Act, or according to the existing provisions of
26the Federal Food, Drug, and Cosmetic Act and Regulations of the

 

 

SB1616- 95 -LRB097 09149 CEL 49284 b

1Department of Health and Human Services, Food and Drug
2Administration, promulgated thereunder now in effect, is
3designated, described or considered as a narcotic, hypnotic,
4habit forming, dangerous, or poisonous drug;
5    (d) the sale of poultry and livestock remedies in original
6and unbroken packages only, labeled for poultry and livestock
7medication;
8    (e) the sale of poisonous substances or mixture of
9poisonous substances, in unbroken packages, for nonmedicinal
10use in the arts or industries or for insecticide purposes;
11provided, they are properly and adequately labeled as to
12content and such nonmedicinal usage, in conformity with the
13provisions of all applicable federal, state and local laws and
14regulations promulgated thereunder now in effect relating
15thereto and governing the same, and those which are required
16under such applicable laws and regulations to be labeled with
17the word "Poison", are also labeled with the word "Poison"
18printed thereon in prominent type and the name of a readily
19obtainable antidote with directions for its administration;
20    (f) the delegation of limited prescriptive authority by a
21physician licensed to practice medicine in all its branches to
22a physician assistant under Section 7.5 of the Physician
23Assistant Practice Act of 1987. This delegated authority under
24Section 7.5 of the Physician Assistant Practice Act of 1987
25may, but is not required to, include prescription of controlled
26substances, as defined in Article II of the Illinois Controlled

 

 

SB1616- 96 -LRB097 09149 CEL 49284 b

1Substances Act, in accordance with a written supervision
2agreement; and
3    (g) (Blank). the delegation of prescriptive authority by a
4physician licensed to practice medicine in all its branches or
5a licensed podiatrist to an advanced practice nurse in
6accordance with a written collaborative agreement under
7Sections 65-35 and 65-40 of the Nurse Practice Act.
8(Source: P.A. 95-639, eff. 10-5-07; 96-189, eff. 8-10-09;
996-268, eff. 8-11-09.)
 
10    Section 55. The Illinois Physical Therapy Act is amended by
11changing Section 1 as follows:
 
12    (225 ILCS 90/1)  (from Ch. 111, par. 4251)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 1. Definitions. As used in this Act:
15    (1) "Physical therapy" means all of the following:
16        (A) Examining, evaluating, and testing individuals who
17    may have mechanical, physiological, or developmental
18    impairments, functional limitations, disabilities, or
19    other health and movement-related conditions, classifying
20    these disorders, determining a rehabilitation prognosis
21    and plan of therapeutic intervention, and assessing the
22    on-going effects of the interventions.
23        (B) Alleviating impairments, functional limitations,
24    or disabilities by designing, implementing, and modifying

 

 

SB1616- 97 -LRB097 09149 CEL 49284 b

1    therapeutic interventions that may include, but are not
2    limited to, the evaluation or treatment of a person through
3    the use of the effective properties of physical measures
4    and heat, cold, light, water, radiant energy, electricity,
5    sound, and air and use of therapeutic massage, therapeutic
6    exercise, mobilization, and rehabilitative procedures,
7    with or without assistive devices, for the purposes of
8    preventing, correcting, or alleviating a physical or
9    mental impairment, functional limitation, or disability.
10        (C) Reducing the risk of injury, impairment,
11    functional limitation, or disability, including the
12    promotion and maintenance of fitness, health, and
13    wellness.
14        (D) Engaging in administration, consultation,
15    education, and research.
16    Physical therapy includes, but is not limited to: (a)
17performance of specialized tests and measurements, (b)
18administration of specialized treatment procedures, (c)
19interpretation of referrals from physicians, dentists,
20advanced practice nurses, physician assistants, and
21podiatrists, (d) establishment, and modification of physical
22therapy treatment programs, (e) administration of topical
23medication used in generally accepted physical therapy
24procedures when such medication is prescribed by the patient's
25physician, licensed to practice medicine in all its branches,
26the patient's physician licensed to practice podiatric

 

 

SB1616- 98 -LRB097 09149 CEL 49284 b

1medicine, the patient's advanced practice nurse, the patient's
2physician assistant, or the patient's dentist, and (f)
3supervision or teaching of physical therapy. Physical therapy
4does not include radiology, electrosurgery, chiropractic
5technique or determination of a differential diagnosis;
6provided, however, the limitation on determining a
7differential diagnosis shall not in any manner limit a physical
8therapist licensed under this Act from performing an evaluation
9pursuant to such license. Nothing in this Section shall limit a
10physical therapist from employing appropriate physical therapy
11techniques that he or she is educated and licensed to perform.
12A physical therapist shall refer to a licensed physician,
13advanced practice nurse, physician assistant, dentist, or
14podiatrist any patient whose medical condition should, at the
15time of evaluation or treatment, be determined to be beyond the
16scope of practice of the physical therapist.
17    (2) "Physical therapist" means a person who practices
18physical therapy and who has met all requirements as provided
19in this Act.
20    (3) "Department" means the Department of Professional
21Regulation.
22    (4) "Director" means the Director of Professional
23Regulation.
24    (5) "Board" means the Physical Therapy Licensing and
25Disciplinary Board approved by the Director.
26    (6) "Referral" means a written or oral authorization for

 

 

SB1616- 99 -LRB097 09149 CEL 49284 b

1physical therapy services for a patient by a physician,
2dentist, advanced practice nurse, physician assistant, or
3podiatrist who maintains medical supervision of the patient and
4makes a diagnosis or verifies that the patient's condition is
5such that it may be treated by a physical therapist.
6    (7) "Documented current and relevant diagnosis" for the
7purpose of this Act means a diagnosis, substantiated by
8signature or oral verification of a physician, dentist,
9advanced practice nurse, physician assistant, or podiatrist,
10that a patient's condition is such that it may be treated by
11physical therapy as defined in this Act, which diagnosis shall
12remain in effect until changed by the physician, dentist,
13advanced practice nurse, physician assistant, or podiatrist.
14    (8) "State" includes:
15        (a) the states of the United States of America;
16        (b) the District of Columbia; and
17        (c) the Commonwealth of Puerto Rico.
18    (9) "Physical therapist assistant" means a person licensed
19to assist a physical therapist and who has met all requirements
20as provided in this Act and who works under the supervision of
21a licensed physical therapist to assist in implementing the
22physical therapy treatment program as established by the
23licensed physical therapist. The patient care activities
24provided by the physical therapist assistant shall not include
25the interpretation of referrals, evaluation procedures, or the
26planning or major modification of patient programs.

 

 

SB1616- 100 -LRB097 09149 CEL 49284 b

1    (10) "Physical therapy aide" means a person who has
2received on the job training, specific to the facility in which
3he is employed, but who has not completed an approved physical
4therapist assistant program.
5    (11) "Advanced practice nurse" means a person licensed as
6an advanced practice nurse under the Nurse Practice Act who has
7a collaborative agreement with a collaborating physician that
8authorizes referrals to physical therapists.
9    (12) "Physician assistant" means a person licensed under
10the Physician Assistant Practice Act of 1987 who has been
11delegated authority to make referrals to physical therapists.
12(Source: P.A. 94-651, eff. 1-1-06; 95-639, eff. 10-5-07.)
 
13    Section 60. The Respiratory Care Practice Act is amended by
14changing Section 10 as follows:
 
15    (225 ILCS 106/10)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 10. Definitions. In this Act:
18    "Advanced practice nurse" means an advanced practice nurse
19licensed under the Nurse Practice Act.
20    "Board" means the Respiratory Care Board appointed by the
21Director.
22    "Basic respiratory care activities" means and includes all
23of the following activities:
24         (1) Cleaning, disinfecting, and sterilizing equipment

 

 

SB1616- 101 -LRB097 09149 CEL 49284 b

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

 

 

SB1616- 102 -LRB097 09149 CEL 49284 b

1    licensed health care professional or other authorized
2    licensed personnel who is present and performing routine
3    airway suctioning. These activities do not include care of
4    a patient's artificial airway or the adjustment of
5    mechanical ventilator settings while a patient is
6    connected to the ventilator.
7"Basic respiratory care activities" does not mean activities
8that involve any of the following:
9        (1) Specialized knowledge that results from a course of
10    education or training in respiratory care.
11        (2) An unreasonable risk of a negative outcome for the
12    patient.
13        (3) The assessment or making of a decision concerning
14    patient care.
15        (4) The administration of aerosol medication or
16    oxygen.
17        (5) The insertion and maintenance of an artificial
18    airway.
19        (6) Mechanical ventilatory support.
20        (7) Patient assessment.
21        (8) Patient education.
22    "Department" means the Department of Professional
23Regulation.
24    "Director" means the Director of Professional Regulation.
25    "Licensed" means that which is required to hold oneself out
26as a respiratory care practitioner as defined in this Act.

 

 

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1    "Licensed health care professional" means a physician
2licensed to practice medicine in all its branches, an advanced
3practice nurse who has a written collaborative agreement with a
4collaborating physician that authorizes the advanced practice
5nurse to transmit orders to a respiratory care practitioner, or
6a physician assistant who has been delegated the authority to
7transmit orders to a respiratory care practitioner by his or
8her supervising physician.
9    "Order" means a written, oral, or telecommunicated
10authorization for respiratory care services for a patient by
11(i) a licensed health care professional who maintains medical
12supervision of the patient and makes a diagnosis or verifies
13that the patient's condition is such that it may be treated by
14a respiratory care practitioner or (ii) a certified registered
15nurse anesthetist in a licensed hospital or ambulatory surgical
16treatment center.
17    "Other authorized licensed personnel" means a licensed
18respiratory care practitioner, a licensed registered nurse, or
19a licensed practical nurse whose scope of practice authorizes
20the professional to supervise an individual who is not
21licensed, certified, or registered as a health professional.
22    "Proximate supervision" means a situation in which an
23individual is responsible for directing the actions of another
24individual in the facility and is physically close enough to be
25readily available, if needed, by the supervised individual.
26    "Respiratory care" and "cardiorespiratory care" mean

 

 

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1preventative services, evaluation and assessment services,
2therapeutic services, and rehabilitative services under the
3order of a licensed health care professional or a certified
4registered nurse anesthetist in a licensed hospital for an
5individual with a disorder, disease, or abnormality of the
6cardiopulmonary system. These terms include, but are not
7limited to, measuring, observing, assessing, and monitoring
8signs and symptoms, reactions, general behavior, and general
9physical response of individuals to respiratory care services,
10including the determination of whether those signs, symptoms,
11reactions, behaviors, or general physical responses exhibit
12abnormal characteristics; the administration of
13pharmacological and therapeutic agents related to respiratory
14care services; the collection of blood specimens and other
15bodily fluids and tissues for, and the performance of,
16cardiopulmonary diagnostic testing procedures, including, but
17not limited to, blood gas analysis; development,
18implementation, and modification of respiratory care treatment
19plans based on assessed abnormalities of the cardiopulmonary
20system, respiratory care guidelines, referrals, and orders of a
21licensed health care professional; application, operation, and
22management of mechanical ventilatory support and other means of
23life support; and the initiation of emergency procedures under
24the rules promulgated by the Department. A respiratory care
25practitioner shall refer to a physician licensed to practice
26medicine in all its branches any patient whose condition, at

 

 

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1the time of evaluation or treatment, is determined to be beyond
2the scope of practice of the respiratory care practitioner.
3    "Respiratory care education program" means a course of
4academic study leading to eligibility for registry or
5certification in respiratory care. The training is to be
6approved by an accrediting agency recognized by the Board and
7shall include an evaluation of competence through a
8standardized testing mechanism that is determined by the Board
9to be both valid and reliable.
10    "Respiratory care practitioner" means a person who is
11licensed by the Department of Professional Regulation and meets
12all of the following criteria:
13        (1) The person is engaged in the practice of
14    cardiorespiratory care and has the knowledge and skill
15    necessary to administer respiratory care.
16        (2) The person is capable of serving as a resource to
17    the licensed health care professional in relation to the
18    technical aspects of cardiorespiratory care and the safe
19    and effective methods for administering cardiorespiratory
20    care modalities.
21        (3) The person is able to function in situations of
22    unsupervised patient contact requiring great individual
23    judgment.
24(Source: P.A. 94-523, eff. 1-1-06; 95-639, eff. 10-5-07.)
 
25    Section 65. The Genetic Counselor Licensing Act is amended

 

 

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1by changing Sections 10, 20, and 95 as follows:
 
2    (225 ILCS 135/10)
3    (Section scheduled to be repealed on January 1, 2015)
4    Sec. 10. Definitions. As used in this Act:
5    "ABGC" means the American Board of Genetic Counseling.
6    "ABMG" means the American Board of Medical Genetics.
7    "Active candidate status" is awarded to applicants who have
8received approval from the ABGC or ABMG to sit for their
9respective certification examinations.
10    "Department" means the Department of Professional
11Regulation.
12    "Director" means the Director of Professional Regulation.
13    "Genetic anomaly" means a variation in an individual's DNA
14that has been shown to confer a genetically influenced disease
15or predisposition to a genetically influenced disease or makes
16a person a carrier of such variation. A "carrier" of a genetic
17anomaly means a person who may or may not have a predisposition
18or risk of incurring a genetically influenced condition and who
19is at risk of having offspring with a genetically influenced
20condition.
21    "Genetic counseling" means the provision of services,
22which may include the ordering of genetic tests, pursuant to a
23referral, to individuals, couples, groups, families, and
24organizations by one or more appropriately trained individuals
25to address the physical and psychological issues associated

 

 

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1with the occurrence or risk of occurrence or recurrence of a
2genetic disorder, birth defect, disease, or potentially
3inherited or genetically influenced condition in an individual
4or a family. "Genetic counseling" consists of the following:
5        (A) Estimating the likelihood of occurrence or
6    recurrence of a birth defect or of any potentially
7    inherited or genetically influenced condition. This
8    assessment may involve:
9            (i) obtaining and analyzing a complete health
10        history of the person and his or her family;
11            (ii) reviewing pertinent medical records;
12            (iii) evaluating the risks from exposure to
13        possible mutagens or teratogens;
14            (iv) recommending genetic testing or other
15        evaluations to diagnose a condition or determine the
16        carrier status of one or more family members;
17        (B) Helping the individual, family, health care
18    provider, or health care professional (i) appreciate the
19    medical, psychological and social implications of a
20    disorder, including its features, variability, usual
21    course and management options, (ii) learn how genetic
22    factors contribute to the disorder and affect the chance
23    for recurrence of the condition in other family members,
24    and (iii) understand available options for coping with,
25    preventing, or reducing the chance of occurrence or
26    recurrence of a condition.

 

 

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1        (C) Facilitating an individual's or family's (i)
2    exploration of the perception of risk and burden associated
3    with the disorder and (ii) adjustment and adaptation to the
4    condition or their genetic risk by addressing needs for
5    psychological, social, and medical support.
6    "Genetic counselor" means a person licensed under this Act
7to engage in the practice of genetic counseling.
8    "Genetic testing" and "genetic test" mean a test or
9analysis of human genes, gene products, DNA, RNA, chromosomes,
10proteins, or metabolites that detects genotypes, mutations,
11chromosomal changes, abnormalities, or deficiencies, including
12carrier status, that (i) are linked to physical or mental
13disorders or impairments, (ii) indicate a susceptibility to
14illness, disease, impairment, or other disorders, whether
15physical or mental, or (iii) demonstrate genetic or chromosomal
16damage due to environmental factors. "Genetic testing" and
17"genetic tests" do not include routine physical measurements;
18chemical, blood and urine analyses that are widely accepted and
19in use in clinical practice; tests for use of drugs; tests for
20the presence of the human immunodeficiency virus; analyses of
21proteins or metabolites that do not detect genotypes,
22mutations, chromosomal changes, abnormalities, or
23deficiencies; or analyses of proteins or metabolites that are
24directly related to a manifested disease, disorder, or
25pathological condition that could reasonably be detected by a
26health care professional with appropriate training and

 

 

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1expertise in the field of medicine involved.
2    "Person" means an individual, association, partnership, or
3corporation.
4    "Qualified supervisor" means any person who is a licensed
5genetic counselor, as defined by rule, or a physician licensed
6to practice medicine in all its branches. A qualified
7supervisor may be provided at the applicant's place of work, or
8may be contracted by the applicant to provide supervision. The
9qualified supervisor shall file written documentation with the
10Department of employment, discharge, or supervisory control of
11a genetic counselor at the time of employment, discharge, or
12assumption of supervision of a genetic counselor.
13    "Referral" means a written or telecommunicated
14authorization for genetic counseling services from a physician
15licensed to practice medicine in all its branches, an advanced
16practice nurse who has a collaborative agreement with a
17collaborating physician that authorizes referrals to a genetic
18counselor, or a physician assistant who has a supervision
19agreement with a supervising physician that authorizes
20referrals to a genetic counselor.
21    "Supervision" means review of aspects of genetic
22counseling and case management in a bimonthly meeting with the
23person under supervision.
24(Source: P.A. 96-1313, eff. 7-27-10.)
 
25    (225 ILCS 135/20)

 

 

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1    (Section scheduled to be repealed on January 1, 2015)
2    Sec. 20. Restrictions and limitations.
3    (a) Beginning 12 months after the adoption of the final
4administrative rules, except as provided in Section 15, no
5person shall, without a valid license as a genetic counselor
6issued by the Department (i) in any manner hold himself or
7herself out to the public as a genetic counselor under this
8Act; (ii) use in connection with his or her name or place of
9business the title "genetic counselor", "licensed genetic
10counselor", "gene counselor", "genetic consultant", or
11"genetic associate" or any words, letters, abbreviations, or
12insignia indicating or implying a person has met the
13qualifications for or has the license issued under this Act; or
14(iii) offer to render or render to individuals, corporations,
15or the public genetic counseling services if the words "genetic
16counselor" or "licensed genetic counselor" are used to describe
17the person offering to render or rendering them, or "genetic
18counseling" is used to describe the services rendered or
19offered to be rendered.
20    (b) Beginning 12 months after the adoption of the final
21administrative rules, no licensed genetic counselor may
22provide genetic counseling to individuals, couples, groups, or
23families without a referral from a physician licensed to
24practice medicine in all its branches, an advanced practice
25nurse who has a collaborative agreement with a collaborating
26physician that authorizes referrals to a genetic counselor, or

 

 

SB1616- 111 -LRB097 09149 CEL 49284 b

1a physician assistant who has been delegated authority to make
2referrals to genetic counselors. The physician, advanced
3practice nurse, or physician assistant shall maintain
4supervision of the patient and be provided timely written
5reports on the services, including genetic testing results,
6provided by the licensed genetic counselor. Genetic testing
7shall be ordered by a physician licensed to practice medicine
8in all its branches or a genetic counselor pursuant to a
9referral that gives the specific authority to order genetic
10tests. Genetic test results and reports shall be provided to
11the referring physician, advanced practice nurse, or physician
12assistant. General seminars or talks to groups or organizations
13on genetic counseling that do not include individual, couple,
14or family specific counseling may be conducted without a
15referral. In clinical settings, genetic counselors who serve as
16a liaison between family members of a patient and a genetic
17research project, may, with the consent of the patient, provide
18information to family members for the purpose of gathering
19additional information, as it relates to the patient, without a
20referral. In non-clinical settings where no patient is being
21treated, genetic counselors who serve as a liaison between a
22genetic research project and participants in that genetic
23research project may provide information to the participants,
24without a referral.
25    (c) Beginning 12 months after the adoption of the final
26administrative rules, no association or partnership shall

 

 

SB1616- 112 -LRB097 09149 CEL 49284 b

1practice genetic counseling unless every member, partner, and
2employee of the association or partnership who practices
3genetic counseling or who renders genetic counseling services
4holds a valid license issued under this Act. No license shall
5be issued to a corporation, the stated purpose of which
6includes or which practices or which holds itself out as
7available to practice genetic counseling, unless it is
8organized under the Professional Service Corporation Act.
9    (d) Nothing in this Act shall be construed as permitting
10persons licensed as genetic counselors to engage in any manner
11in the practice of medicine in all its branches as defined by
12law in this State.
13    (e) Nothing in this Act shall be construed to authorize a
14licensed genetic counselor to diagnose, test (unless
15authorized in a referral), or treat any genetic or other
16disease or condition.
17    (f) When, in the course of providing genetic counseling
18services to any person, a genetic counselor licensed under this
19Act finds any indication of a disease or condition that in his
20or her professional judgment requires professional service
21outside the scope of practice as defined in this Act, he or she
22shall refer that person to a physician licensed to practice
23medicine in all of its branches.
24(Source: P.A. 96-1313, eff. 7-27-10.)
 
25    (225 ILCS 135/95)

 

 

SB1616- 113 -LRB097 09149 CEL 49284 b

1    (Section scheduled to be repealed on January 1, 2015)
2    Sec. 95. Grounds for discipline.
3    (a) The Department may refuse to issue, renew, or may
4revoke, suspend, place on probation, reprimand, or take other
5disciplinary action as the Department deems appropriate,
6including the issuance of fines not to exceed $1,000 for each
7violation, with regard to any license for any one or more of
8the following:
9        (1) Material misstatement in furnishing information to
10    the Department or to any other State agency.
11        (2) Violations or negligent or intentional disregard
12    of this Act, or any of its rules.
13        (3) Conviction of any crime under the laws of the
14    United States or any state or territory thereof that is a
15    felony, a misdemeanor, an essential element of which is
16    dishonesty, or a crime that is directly related to the
17    practice of the profession.
18        (4) Making any misrepresentation for the purpose of
19    obtaining a license, or violating any provision of this Act
20    or its rules.
21        (5) Gross negligence in the rendering of genetic
22    counseling services.
23        (6) Failure to provide genetic testing results and any
24    requested information to a referring physician licensed to
25    practice medicine in all its branches, advanced practice
26    nurse, or physician assistant.

 

 

SB1616- 114 -LRB097 09149 CEL 49284 b

1        (7) Aiding or assisting another person in violating any
2    provision of this Act or any rules.
3        (8) Failing to provide information within 60 days in
4    response to a written request made by the Department.
5        (9) Engaging in dishonorable, unethical, or
6    unprofessional conduct of a character likely to deceive,
7    defraud, or harm the public and violating the rules of
8    professional conduct adopted by the Department.
9        (10) Failing to maintain the confidentiality of any
10    information received from a client, unless otherwise
11    authorized or required by law.
12        (10.5) Failure to maintain client records of services
13    provided and provide copies to clients upon request.
14        (11) Exploiting a client for personal advantage,
15    profit, or interest.
16        (12) Habitual or excessive use or addiction to alcohol,
17    narcotics, stimulants, or any other chemical agent or drug
18    which results in inability to practice with reasonable
19    skill, judgment, or safety.
20        (13) Discipline by another jurisdiction, if at least
21    one of the grounds for the discipline is the same or
22    substantially equivalent to those set forth in this
23    Section.
24        (14) Directly or indirectly giving to or receiving from
25    any person, firm, corporation, partnership, or association
26    any fee, commission, rebate, or other form of compensation

 

 

SB1616- 115 -LRB097 09149 CEL 49284 b

1    for any professional service not actually rendered.
2    Nothing in this paragraph (14) affects any bona fide
3    independent contractor or employment arrangements among
4    health care professionals, health facilities, health care
5    providers, or other entities, except as otherwise
6    prohibited by law. Any employment arrangements may include
7    provisions for compensation, health insurance, pension, or
8    other employment benefits for the provision of services
9    within the scope of the licensee's practice under this Act.
10    Nothing in this paragraph (14) shall be construed to
11    require an employment arrangement to receive professional
12    fees for services rendered.
13        (15) A finding by the Department that the licensee,
14    after having the license placed on probationary status has
15    violated the terms of probation.
16        (16) Failing to refer a client to other health care
17    professionals when the licensee is unable or unwilling to
18    adequately support or serve the client.
19        (17) Willfully filing false reports relating to a
20    licensee's practice, including but not limited to false
21    records filed with federal or State agencies or
22    departments.
23        (18) Willfully failing to report an instance of
24    suspected child abuse or neglect as required by the Abused
25    and Neglected Child Reporting Act.
26        (19) Being named as a perpetrator in an indicated

 

 

SB1616- 116 -LRB097 09149 CEL 49284 b

1    report by the Department of Children and Family Services
2    pursuant to the Abused and Neglected Child Reporting Act,
3    and upon proof by clear and convincing evidence that the
4    licensee has caused a child to be an abused child or
5    neglected child as defined in the Abused and Neglected
6    Child Reporting Act.
7        (20) Physical or mental disability, including
8    deterioration through the aging process or loss of
9    abilities and skills which results in the inability to
10    practice the profession with reasonable judgment, skill,
11    or safety.
12        (21) Solicitation of professional services by using
13    false or misleading advertising.
14        (22) Failure to file a return, or to pay the tax,
15    penalty of interest shown in a filed return, or to pay any
16    final assessment of tax, penalty or interest, as required
17    by any tax Act administered by the Illinois Department of
18    Revenue or any successor agency or the Internal Revenue
19    Service or any successor agency.
20        (23) A finding that licensure has been applied for or
21    obtained by fraudulent means.
22        (24) Practicing or attempting to practice under a name
23    other than the full name as shown on the license or any
24    other legally authorized name.
25        (25) Gross overcharging for professional services,
26    including filing statements for collection of fees or

 

 

SB1616- 117 -LRB097 09149 CEL 49284 b

1    monies for which services are not rendered.
2        (26) Providing genetic counseling services to
3    individuals, couples, groups, or families without a
4    referral from either a physician licensed to practice
5    medicine in all its branches, an advanced practice nurse
6    who has a collaborative agreement with a collaborating
7    physician that authorizes the advanced practice nurse to
8    make referrals to a genetic counselor, or a physician
9    assistant who has been delegated authority to make
10    referrals to genetic counselors.
11    (b) The Department shall deny, without hearing, any
12application or renewal for a license under this Act to any
13person who has defaulted on an educational loan guaranteed by
14the Illinois State Assistance Commission; however, the
15Department may issue a license or renewal if the person in
16default has established a satisfactory repayment record as
17determined by the Illinois Student Assistance Commission.
18    (c) The determination by a court that a licensee is subject
19to involuntary admission or judicial admission as provided in
20the Mental Health and Developmental Disabilities Code will
21result in an automatic suspension of his or her license. The
22suspension will end upon a finding by a court that the licensee
23is no longer subject to involuntary admission or judicial
24admission, the issuance of an order so finding and discharging
25the patient, and the determination of the Director that the
26licensee be allowed to resume professional practice.

 

 

SB1616- 118 -LRB097 09149 CEL 49284 b

1(Source: P.A. 96-1313, eff. 7-27-10; 96-1482, eff. 11-29-10;
2revised 12-17-10.)
 
3    Section 70. The Perinatal Mental Health Disorders
4Prevention and Treatment Act is amended by changing Section 10
5as follows:
 
6    (405 ILCS 95/10)
7    Sec. 10. Definitions. In this Act:
8    "Hospital" has the meaning given to that term in the
9Hospital Licensing Act.
10    "Licensed health care professional" means a physician
11licensed to practice medicine in all its branches, an advanced
12practice nurse who has a collaborative agreement with a
13collaborating physician that authorizes care, or a physician's
14assistant who has been delegated authority to provide care.
15    "Postnatal care" means an office visit to a licensed health
16care professional occurring after birth, with reference to the
17infant or mother.
18    "Prenatal care" means an office visit to a licensed health
19care professional for pregnancy-related care occurring before
20birth.
21    "Questionnaire" means an assessment tool administered by a
22licensed health care professional to detect perinatal mental
23health disorders, such as the Edinburgh Postnatal Depression
24Scale, the Postpartum Depression Screening Scale, the Beck

 

 

SB1616- 119 -LRB097 09149 CEL 49284 b

1Depression Inventory, the Patient Health Questionnaire, or
2other validated assessment methods.
3(Source: P.A. 95-469, eff. 1-1-08.)
 
4    Section 75. The Lead Poisoning Prevention Act is amended by
5changing Section 6.2 as follows:
 
6    (410 ILCS 45/6.2)  (from Ch. 111 1/2, par. 1306.2)
7    Sec. 6.2. Physicians to screen children.
8    (a) Every physician licensed to practice medicine in all
9its branches or health care provider shall screen children 6
10months through 6 years of age for lead poisoning who are
11determined to reside in an area defined as high risk by the
12Department. Children residing in areas defined as low risk by
13the Department shall be assessed for risk by a risk assessment
14procedure developed by the Department. Children shall be
15screened, in accordance with guidelines and criteria set forth
16by the American Academy of Pediatrics, at the priority
17intervals and using the methods specified in the guidelines.
18    (b) Each licensed, registered, or approved health care
19facility serving children from 6 months through 6 years of age,
20including but not limited to, health departments, hospitals,
21clinics, and health maintenance organizations approved,
22registered, or licensed by the Department, shall take the
23appropriate steps to ensure that the patients receive lead
24poisoning screening, where medically indicated or appropriate.

 

 

SB1616- 120 -LRB097 09149 CEL 49284 b

1    (c) Children 6 years and older may also be screened by
2physicians or health care providers, in accordance with
3guidelines and criteria set forth by the American Academy of
4Pediatrics, according to the priority intervals specified in
5the guidelines. Physicians and health care providers shall also
6screen children for lead poisoning in conjunction with the
7school health examination, as required under the School Code,
8when, in the medical judgement of the physician, advanced
9practice nurse who has a written collaborative agreement with a
10collaborating physician that authorizes the advance practice
11nurse to perform health examinations, or physician assistant
12who has been delegated to perform health examinations by the
13supervising physician, the child is potentially at high risk of
14lead poisoning.
15    (d) Nothing in this Section shall be construed to require
16any child to undergo a lead blood level screening or test whose
17parent or guardian objects on the grounds that the screening or
18test conflicts with his or her religious beliefs.
19(Source: P.A. 93-104, eff. 1-1-04.)
 
20    Section 80. The Sexual Assault Survivors Emergency
21Treatment Act is amended by changing Sections 2.2, 5, and 5.5
22as follows:
 
23    (410 ILCS 70/2.2)
24    Sec. 2.2. Emergency contraception.

 

 

SB1616- 121 -LRB097 09149 CEL 49284 b

1    (a) The General Assembly finds:
2        (1) Crimes of sexual assault and sexual abuse cause
3    significant physical, emotional, and psychological trauma
4    to the victims. This trauma is compounded by a victim's
5    fear of becoming pregnant and bearing a child as a result
6    of the sexual assault.
7        (2) Each year over 32,000 women become pregnant in the
8    United States as the result of rape and approximately 50%
9    of these pregnancies end in abortion.
10        (3) As approved for use by the Federal Food and Drug
11    Administration (FDA), emergency contraception can
12    significantly reduce the risk of pregnancy if taken within
13    72 hours after the sexual assault.
14        (4) By providing emergency contraception to rape
15    victims in a timely manner, the trauma of rape can be
16    significantly reduced.
17    (b) Within 120 days after the effective date of this
18amendatory Act of the 92nd General Assembly, every hospital
19providing services to sexual assault survivors in accordance
20with a plan approved under Section 2 must develop a protocol
21that ensures that each survivor of sexual assault will receive
22medically and factually accurate and written and oral
23information about emergency contraception; the indications and
24counter-indications and risks associated with the use of
25emergency contraception; and a description of how and when
26victims may be provided emergency contraception upon the

 

 

SB1616- 122 -LRB097 09149 CEL 49284 b

1written order of a physician licensed to practice medicine in
2all its branches, an advanced practice nurse who has a written
3collaborative agreement with a collaborating physician that
4authorizes prescription of emergency contraception, or a
5physician assistant who has been delegated authority to
6prescribe emergency contraception. The Department shall
7approve the protocol if it finds that the implementation of the
8protocol would provide sufficient protection for survivors of
9sexual assault.
10    The hospital shall implement the protocol upon approval by
11the Department. The Department shall adopt rules and
12regulations establishing one or more safe harbor protocols and
13setting minimum acceptable protocol standards that hospitals
14may develop and implement. The Department shall approve any
15protocol that meets those standards. The Department may provide
16a sample acceptable protocol upon request.
17(Source: P.A. 95-432, eff. 1-1-08.)
 
18    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
19    Sec. 5. Minimum requirements for hospitals providing
20hospital emergency services and forensic services to sexual
21assault survivors.
22    (a) Every hospital providing hospital emergency services
23and forensic services to sexual assault survivors under this
24Act shall, as minimum requirements for such services, provide,
25with the consent of the sexual assault survivor, and as ordered

 

 

SB1616- 123 -LRB097 09149 CEL 49284 b

1by the attending physician, an advanced practice nurse who has
2a written collaborative agreement with a collaborating
3physician that authorizes provision of emergency services, or a
4physician assistant who has been delegated authority to provide
5hospital emergency services and forensic services, the
6following:
7        (1) appropriate medical examinations and laboratory
8    tests required to ensure the health, safety, and welfare of
9    a sexual assault survivor or which may be used as evidence
10    in a criminal proceeding against a person accused of the
11    sexual assault, or both; and records of the results of such
12    examinations and tests shall be maintained by the hospital
13    and made available to law enforcement officials upon the
14    request of the sexual assault survivor;
15        (2) appropriate oral and written information
16    concerning the possibility of infection, sexually
17    transmitted disease and pregnancy resulting from sexual
18    assault;
19        (3) appropriate oral and written information
20    concerning accepted medical procedures, medication, and
21    possible contraindications of such medication available
22    for the prevention or treatment of infection or disease
23    resulting from sexual assault;
24        (4) an amount of medication for treatment at the
25    hospital and after discharge as is deemed appropriate by
26    the attending physician, an advanced practice nurse, or a

 

 

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1    physician assistant and consistent with the hospital's
2    current approved protocol for sexual assault survivors;
3        (5) an evaluation of the sexual assault survivor's risk
4    of contracting human immunodeficiency virus (HIV) from the
5    sexual assault;
6        (6) written and oral instructions indicating the need
7    for follow-up examinations and laboratory tests after the
8    sexual assault to determine the presence or absence of
9    sexually transmitted disease;
10        (7) referral by hospital personnel for appropriate
11    counseling; and
12        (8) when HIV prophylaxis is deemed appropriate, an
13    initial dose or doses of HIV prophylaxis, along with
14    written and oral instructions indicating the importance of
15    timely follow-up healthcare.
16    (b) Any person who is a sexual assault survivor who seeks
17emergency hospital services and forensic services or follow-up
18healthcare under this Act shall be provided such services
19without the consent of any parent, guardian, custodian,
20surrogate, or agent.
21    (c) Nothing in this Section creates a physician-patient
22relationship that extends beyond discharge from the hospital
23emergency department.
24(Source: P.A. 95-432, eff. 1-1-08; 96-318, eff. 1-1-10.)
 
25    (410 ILCS 70/5.5)

 

 

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1    Sec. 5.5. Minimum reimbursement requirements for follow-up
2healthcare.
3    (a) Every hospital, health care professional, laboratory,
4or pharmacy that provides follow-up healthcare to a sexual
5assault survivor, with the consent of the sexual assault
6survivor and as ordered by the attending physician, an advanced
7practice nurse who has a written collaborative agreement with a
8collaborating physician, or physician assistant who has been
9delegated authority by a supervising physician shall be
10reimbursed for the follow-up healthcare services provided.
11Follow-up healthcare services include, but are not limited to,
12the following:
13        (1) a physical examination;
14        (2) laboratory tests to determine the presence or
15    absence of sexually transmitted disease; and
16        (3) appropriate medications, including HIV
17    prophylaxis.
18    (b) Reimbursable follow-up healthcare is limited to office
19visits with a physician, advanced practice nurse, or physician
20assistant within 90 days after an initial visit for hospital
21emergency services.
22    (c) Nothing in this Section requires a hospital, health
23care professional, laboratory, or pharmacy to provide
24follow-up healthcare to a sexual assault survivor.
25(Source: P.A. 95-432, eff. 1-1-08.)
 

 

 

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1    Section 85. The Consent by Minors to Medical Procedures Act
2is amended by changing Sections 1, 2, and 3 as follows:
 
3    (410 ILCS 210/1)  (from Ch. 111, par. 4501)
4    Sec. 1. Consent by minor. The consent to the performance of
5a medical or surgical procedure by a physician licensed to
6practice medicine and surgery, an advanced practice nurse who
7has a written collaborative agreement with a collaborating
8physician that authorizes provision of services for minors, or
9a physician assistant who has been delegated authority to
10provide services for minors executed by a married person who is
11a minor, by a parent who is a minor, by a pregnant woman who is
12a minor, or by any person 18 years of age or older, is not
13voidable because of such minority, and, for such purpose, a
14married person who is a minor, a parent who is a minor, a
15pregnant woman who is a minor, or any person 18 years of age or
16older, is deemed to have the same legal capacity to act and has
17the same powers and obligations as has a person of legal age.
18(Source: P.A. 93-962, eff. 8-20-04.)
 
19    (410 ILCS 210/2)  (from Ch. 111, par. 4502)
20    Sec. 2. Any parent, including a parent who is a minor, may
21consent to the performance upon his or her child of a medical
22or surgical procedure by a physician licensed to practice
23medicine and surgery, an advanced practice nurse who has a
24written collaborative agreement with a collaborating physician

 

 

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1that authorizes provision of services for minors, or a
2physician assistant who has been delegated authority to provide
3services for minors or a dental procedure by a licensed
4dentist. The consent of a parent who is a minor shall not be
5voidable because of such minority, but, for such purpose, a
6parent who is a minor shall be deemed to have the same legal
7capacity to act and shall have the same powers and obligations
8as has a person of legal age.
9(Source: P.A. 93-962, eff. 8-20-04.)
 
10    (410 ILCS 210/3)  (from Ch. 111, par. 4503)
11    Sec. 3. (a) Where a hospital, a physician licensed to
12practice medicine or surgery, an advanced practice nurse who
13has a written collaborative agreement with a collaborating
14physician that authorizes provision of services for minors, or
15a physician assistant who has been delegated authority to
16provide services for minors renders emergency treatment or
17first aid or a licensed dentist renders emergency dental
18treatment to a minor, consent of the minor's parent or legal
19guardian need not be obtained if, in the sole opinion of the
20physician, advanced practice nurse, physician assistant,
21dentist, or hospital, the obtaining of consent is not
22reasonably feasible under the circumstances without adversely
23affecting the condition of such minor's health.
24    (b) Where a minor is the victim of a predatory criminal
25sexual assault of a child, aggravated criminal sexual assault,

 

 

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1criminal sexual assault, aggravated criminal sexual abuse or
2criminal sexual abuse, as provided in Sections 12-13 through
312-16 of the Criminal Code of 1961, as now or hereafter
4amended, the consent of the minor's parent or legal guardian
5need not be obtained to authorize a hospital, physician,
6advanced practice nurse, physician assistant, or other medical
7personnel to furnish medical care or counseling related to the
8diagnosis or treatment of any disease or injury arising from
9such offense. The minor may consent to such counseling,
10diagnosis or treatment as if the minor had reached his or her
11age of majority. Such consent shall not be voidable, nor
12subject to later disaffirmance, because of minority.
13(Source: P.A. 93-962, eff. 8-20-04.)
 
14    Section 90. The Prenatal and Newborn Care Act is amended by
15changing Section 2 as follows:
 
16    (410 ILCS 225/2)  (from Ch. 111 1/2, par. 7022)
17    Sec. 2. Definitions. As used in this Act, unless the
18context otherwise requires:
19    "Advanced practice nurse" or "APN" means an advanced
20practice nurse licensed under the Nurse Practice Act who has a
21written collaborative agreement with a collaborating physician
22that authorizes the provision of prenatal and newborn care.
23    "Department" means the Illinois Department of Human
24Services.

 

 

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1    "Early and Periodic Screening, Diagnosis and Treatment
2(EPSDT)" means the provision of preventative health care under
342 C.F.R. 441.50 et seq., including medical and dental
4services, needed to assess growth and development and detect
5and treat health problems.
6    "Hospital" means a hospital as defined under the Hospital
7Licensing Act.
8    "Local health authority" means the full-time official
9health department or board of health, as recognized by the
10Illinois Department of Public Health, having jurisdiction over
11a particular area.
12    "Nurse" means a nurse licensed under the Nurse Practice
13Act.
14    "Physician" means a physician licensed to practice
15medicine in all of its branches.
16    "Physician assistant" means a physician assistant licensed
17under the Physician Assistant Practice Act of 1987 who has been
18delegated authority to provide prenatal and newborn care.
19    "Postnatal visit" means a visit occurring after birth, with
20reference to the newborn.
21    "Prenatal visit" means a visit occurring before birth.
22    "Program" means the Prenatal and Newborn Care Program
23established pursuant to this Act.
24(Source: P.A. 95-639, eff. 10-5-07.)
 
25    Section 95. The AIDS Confidentiality Act is amended by

 

 

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1changing Section 3 as follows:
 
2    (410 ILCS 305/3)  (from Ch. 111 1/2, par. 7303)
3    Sec. 3. When used in this Act:
4    (a) "Department" means the Illinois Department of Public
5Health.
6    (b) "AIDS" means acquired immunodeficiency syndrome.
7    (c) "HIV" means the Human Immunodeficiency Virus or any
8other identified causative agent of AIDS.
9    (d) "Informed consent" means a written or verbal agreement
10by the subject of a test or the subject's legally authorized
11representative without undue inducement or any element of
12force, fraud, deceit, duress or other form of constraint or
13coercion, which entails at least the following pre-test
14information:
15    (1) a fair explanation of the test, including its purpose,
16potential uses, limitations and the meaning of its results; and
17    (2) a fair explanation of the procedures to be followed,
18including the voluntary nature of the test, the right to
19withdraw consent to the testing process at any time, the right
20to anonymity to the extent provided by law with respect to
21participation in the test and disclosure of test results, and
22the right to confidential treatment of information identifying
23the subject of the test and the results of the test, to the
24extent provided by law.
25    Pre-test information may be provided in writing, verbally,

 

 

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1or by video, electronic, or other means. The subject must be
2offered an opportunity to ask questions about the HIV test and
3decline testing. Nothing in this Act shall prohibit a health
4care provider from combining a form used to obtain informed
5consent for HIV testing with forms used to obtain written
6consent for general medical care or any other medical test or
7procedure provided that the forms make it clear that the
8subject may consent to general medical care, tests, or medical
9procedures without being required to consent to HIV testing and
10clearly explain how the subject may opt-out of HIV testing.
11    (e) "Health facility" means a hospital, nursing home, blood
12bank, blood center, sperm bank, or other health care
13institution, including any "health facility" as that term is
14defined in the Illinois Finance Authority Act.
15    (f) "Health care provider" means any health care
16professional, nurse, paramedic, psychologist or other person
17providing medical, nursing, psychological, or other health
18care services of any kind.
19    (f-5) "Health care professional" means (i) a licensed
20physician, (ii) a physician assistant to whom the physician
21assistant's supervising physician has delegated the provision
22of AIDS and HIV-related health services, (iii) an advanced
23practice registered nurse who has a written collaborative
24agreement with a collaborating physician which authorizes the
25provision of AIDS and HIV-related health services, (iv) a
26licensed dentist, (v) a licensed podiatrist, or (vi) an

 

 

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1individual certified to provide HIV testing and counseling by a
2state or local public health department.
3    (g) "Test" or "HIV test" means a test to determine the
4presence of the antibody or antigen to HIV, or of HIV
5infection.
6    (h) "Person" includes any natural person, partnership,
7association, joint venture, trust, governmental entity, public
8or private corporation, health facility or other legal entity.
9(Source: P.A. 95-7, eff. 6-1-08; 95-331, eff. 8-21-07.)
 
10    Section 100. The Illinois Sexually Transmissible Disease
11Control Act is amended by changing Section 4 as follows:
 
12    (410 ILCS 325/4)  (from Ch. 111 1/2, par. 7404)
13    Sec. 4. Reporting required.
14    (a) A physician licensed under the provisions of the
15Medical Practice Act of 1987, an advanced practice nurse
16licensed under the provisions of the Nurse Practice Act who has
17a written collaborative agreement with a collaborating
18physician that authorizes the provision of services for a
19sexually transmissible disease, or a physician assistant
20licensed under the provisions of the Physician Assistant
21Practice Act of 1987 who has been delegated authority to
22provide services for a sexually transmissible disease who makes
23a diagnosis of or treats a person with a sexually transmissible
24disease and each laboratory that performs a test for a sexually

 

 

SB1616- 133 -LRB097 09149 CEL 49284 b

1transmissible disease which concludes with a positive result
2shall report such facts as may be required by the Department by
3rule, within such time period as the Department may require by
4rule, but in no case to exceed 2 weeks.
5    (b) The Department shall adopt rules specifying the
6information required in reporting a sexually transmissible
7disease, the method of reporting and specifying a minimum time
8period for reporting. In adopting such rules, the Department
9shall consider the need for information, protections for the
10privacy and confidentiality of the patient, and the practical
11abilities of persons and laboratories to report in a reasonable
12fashion.
13    (c) Any person who knowingly or maliciously disseminates
14any false information or report concerning the existence of any
15sexually transmissible disease under this Section is guilty of
16a Class A misdemeanor.
17    (d) Any person who violates the provisions of this Section
18or the rules adopted hereunder may be fined by the Department
19up to $500 for each violation. The Department shall report each
20violation of this Section to the regulatory agency responsible
21for licensing a health care professional or a laboratory to
22which these provisions apply.
23(Source: P.A. 95-639, eff. 10-5-07.)
 
24    Section 105. The Perinatal HIV Prevention Act is amended by
25changing Section 5 as follows:
 

 

 

SB1616- 134 -LRB097 09149 CEL 49284 b

1    (410 ILCS 335/5)
2    Sec. 5. Definitions. In this Act:
3    "Department" means the Department of Public Health.
4    "Health care professional" means a physician licensed to
5practice medicine in all its branches, a physician assistant
6who has been delegated the provision of health services by his
7or her supervising physician, or an advanced practice
8registered nurse who has a written collaborative agreement with
9a collaborating physician that authorizes the provision of
10health services.
11    "Health care facility" or "facility" means any hospital or
12other institution that is licensed or otherwise authorized to
13deliver health care services.
14    "Health care services" means any prenatal medical care or
15labor or delivery services to a pregnant woman and her newborn
16infant, including hospitalization.
17(Source: P.A. 93-566, eff. 8-20-03; 94-910, eff. 6-23-06.)
 
18    Section 110. The Home Health and Hospice Drug Dispensation
19and Administration Act is amended by changing Section 10 as
20follows:
 
21    (410 ILCS 642/10)
22    Sec. 10. Definitions. In this Act:
23    "Authorized nursing employee" means a registered nurse or

 

 

SB1616- 135 -LRB097 09149 CEL 49284 b

1advanced practice nurse, as defined in the Nurse Practice Act,
2who is employed by a home health agency or hospice licensed in
3this State.
4    "Health care professional" means a physician licensed to
5practice medicine in all its branches, an advanced practice
6nurse who has a written collaborative agreement with a
7collaborating physician that authorizes services under this
8Act, or a physician assistant who has been delegated the
9authority to perform services under this Act by his or her
10supervising physician.
11    "Home health agency" has the meaning ascribed to it in
12Section 2.04 of the Home Health, Home Services, and Home
13Nursing Agency Licensing Act.
14    "Hospice" means a full hospice, as defined in Section 3 of
15the Hospice Program Licensing Act.
16    "Physician" means a physician licensed under the Medical
17Practice Act of 1987 to practice medicine in all its branches.
18(Source: P.A. 94-638, eff. 8-22-05; 95-331, eff. 8-21-07;
1995-639, eff. 10-5-07.)
 
20    Section 115. The Illinois Vehicle Code is amended by
21changing Sections 1-159.1, 3-616, and 6-106.1 as follows:
 
22    (625 ILCS 5/1-159.1)  (from Ch. 95 1/2, par. 1-159.1)
23    Sec. 1-159.1. Person with disabilities. A natural person
24who, as determined by a licensed physician, by a physician

 

 

SB1616- 136 -LRB097 09149 CEL 49284 b

1assistant who has been delegated the authority to make this
2determination by his or her supervising physician, or by an
3advanced practice nurse who has a written collaborative
4agreement with a collaborating physician that authorizes the
5advanced practice nurse to make this determination: (1) cannot
6walk without the use of, or assistance from, a brace, cane,
7crutch, another person, prosthetic device, wheelchair, or
8other assistive device; (2) is restricted by lung disease to
9such an extent that his or her forced (respiratory) expiratory
10volume for one second, when measured by spirometry, is less
11than one liter, or the arterial oxygen tension is less than 60
12mm/hg on room air at rest; (3) uses portable oxygen; (4) has a
13cardiac condition to the extent that the person's functional
14limitations are classified in severity as Class III or Class
15IV, according to standards set by the American Heart
16Association; (5) is severely limited in the person's ability to
17walk due to an arthritic, neurological, or orthopedic
18condition; (6) cannot walk 200 feet without stopping to rest
19because of one of the above 5 conditions; or (7) is missing a
20hand or arm or has permanently lost the use of a hand or arm.
21(Source: P.A. 95-186, eff. 8-16-07.)
 
22    (625 ILCS 5/3-616)  (from Ch. 95 1/2, par. 3-616)
23    Sec. 3-616. Disability license plates.
24    (a) Upon receiving an application for a certificate of
25registration for a motor vehicle of the first division or for a

 

 

SB1616- 137 -LRB097 09149 CEL 49284 b

1motor vehicle of the second division weighing no more than
28,000 pounds, accompanied with payment of the registration fees
3required under this Code from a person with disabilities or a
4person who is deaf or hard of hearing, the Secretary of State,
5if so requested, shall issue to such person registration plates
6as provided for in Section 3-611, provided that the person with
7disabilities or person who is deaf or hard of hearing must not
8be disqualified from obtaining a driver's license under
9subsection 8 of Section 6-103 of this Code, and further
10provided that any person making such a request must submit a
11statement, certified by a licensed physician, by a physician
12assistant who has been delegated the authority to make this
13certification by his or her supervising physician, or by an
14advanced practice nurse who has a written collaborative
15agreement with a collaborating physician that authorizes the
16advanced practice nurse to make this certification, to the
17effect that such person is a person with disabilities as
18defined by Section 1-159.1 of this Code, or alternatively
19provide adequate documentation that such person has a Class 1A,
20Class 2A or Type Four disability under the provisions of
21Section 4A of the Illinois Identification Card Act. For
22purposes of this Section, an Illinois Disabled Person
23Identification Card issued pursuant to the Illinois
24Identification Card Act indicating that the person thereon
25named has a disability shall be adequate documentation of such
26a disability.

 

 

SB1616- 138 -LRB097 09149 CEL 49284 b

1    (b) The Secretary shall issue plates under this Section to
2a parent or legal guardian of a person with disabilities if the
3person with disabilities has a Class 1A or Class 2A disability
4as defined in Section 4A of the Illinois Identification Card
5Act or is a person with disabilities as defined by Section
61-159.1 of this Code, and does not possess a vehicle registered
7in his or her name, provided that the person with disabilities
8relies frequently on the parent or legal guardian for
9transportation. Only one vehicle per family may be registered
10under this subsection, unless the applicant can justify in
11writing the need for one additional set of plates. Any person
12requesting special plates under this subsection shall submit
13such documentation or such physician's, physician assistant's,
14or advanced practice nurse's statement as is required in
15subsection (a) and a statement describing the circumstances
16qualifying for issuance of special plates under this
17subsection. An optometrist may certify a Class 2A Visual
18Disability, as defined in Section 4A of the Illinois
19Identification Card Act, for the purpose of qualifying a person
20with disabilities for special plates under this subsection.
21    (c) The Secretary may issue a parking decal or device to a
22person with disabilities as defined by Section 1-159.1 without
23regard to qualification of such person with disabilities for a
24driver's license or registration of a vehicle by such person
25with disabilities or such person's immediate family, provided
26such person with disabilities making such a request has been

 

 

SB1616- 139 -LRB097 09149 CEL 49284 b

1issued a Disabled Person Identification Card indicating that
2the person named thereon has a Class 1A or Class 2A disability,
3or alternatively, submits a statement certified by a licensed
4physician, or by a physician assistant or an advanced practice
5nurse as provided in subsection (a), to the effect that such
6person is a person with disabilities as defined by Section
71-159.1. An optometrist may certify a Class 2A Visual
8Disability as defined in Section 4A of the Illinois
9Identification Card Act for the purpose of qualifying a person
10with disabilities for a parking decal or device under this
11subsection.
12    (d) The Secretary shall prescribe by rules and regulations
13procedures to certify or re-certify as necessary the
14eligibility of persons whose disabilities are other than
15permanent for special plates or parking decals or devices
16issued under subsections (a), (b) and (c). Except as provided
17under subsection (f) of this Section, no such special plates,
18decals or devices shall be issued by the Secretary of State to
19or on behalf of any person with disabilities unless such person
20is certified as meeting the definition of a person with
21disabilities pursuant to Section 1-159.1 or meeting the
22requirement of a Type Four disability as provided under Section
234A of the Illinois Identification Card Act for the period of
24time that the physician, or the physician assistant or advanced
25practice nurse as provided in subsection (a), determines the
26applicant will have the disability, but not to exceed 6 months

 

 

SB1616- 140 -LRB097 09149 CEL 49284 b

1from the date of certification or recertification.
2    (e) Any person requesting special plates under this Section
3may also apply to have the special plates personalized, as
4provided under Section 3-405.1.
5    (f) The Secretary of State, upon application, shall issue
6disability registration plates or a parking decal to
7corporations, school districts, State or municipal agencies,
8limited liability companies, nursing homes, convalescent
9homes, or special education cooperatives which will transport
10persons with disabilities. The Secretary shall prescribe by
11rule a means to certify or re-certify the eligibility of
12organizations to receive disability plates or decals and to
13designate which of the 2 person with disabilities emblems shall
14be placed on qualifying vehicles.
15    (g) The Secretary of State, or his designee, may enter into
16agreements with other jurisdictions, including foreign
17jurisdictions, on behalf of this State relating to the
18extension of parking privileges by such jurisdictions to
19permanently disabled residents of this State who display a
20special license plate or parking device that contains the
21International symbol of access on his or her motor vehicle, and
22to recognize such plates or devices issued by such other
23jurisdictions. This State shall grant the same parking
24privileges which are granted to disabled residents of this
25State to any non-resident whose motor vehicle is licensed in
26another state, district, territory or foreign country if such

 

 

SB1616- 141 -LRB097 09149 CEL 49284 b

1vehicle displays the international symbol of access or a
2distinguishing insignia on license plates or parking device
3issued in accordance with the laws of the non-resident's state,
4district, territory or foreign country.
5(Source: P.A. 94-619, eff. 1-1-06; 95-762, eff. 1-1-09.)
 
6    (625 ILCS 5/6-106.1)
7    Sec. 6-106.1. School bus driver permit.
8    (a) The Secretary of State shall issue a school bus driver
9permit to those applicants who have met all the requirements of
10the application and screening process under this Section to
11insure the welfare and safety of children who are transported
12on school buses throughout the State of Illinois. Applicants
13shall obtain the proper application required by the Secretary
14of State from their prospective or current employer and submit
15the completed application to the prospective or current
16employer along with the necessary fingerprint submission as
17required by the Department of State Police to conduct
18fingerprint based criminal background checks on current and
19future information available in the state system and current
20information available through the Federal Bureau of
21Investigation's system. Applicants who have completed the
22fingerprinting requirements shall not be subjected to the
23fingerprinting process when applying for subsequent permits or
24submitting proof of successful completion of the annual
25refresher course. Individuals who on the effective date of this

 

 

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1Act possess a valid school bus driver permit that has been
2previously issued by the appropriate Regional School
3Superintendent are not subject to the fingerprinting
4provisions of this Section as long as the permit remains valid
5and does not lapse. The applicant shall be required to pay all
6related application and fingerprinting fees as established by
7rule including, but not limited to, the amounts established by
8the Department of State Police and the Federal Bureau of
9Investigation to process fingerprint based criminal background
10investigations. All fees paid for fingerprint processing
11services under this Section shall be deposited into the State
12Police Services Fund for the cost incurred in processing the
13fingerprint based criminal background investigations. All
14other fees paid under this Section shall be deposited into the
15Road Fund for the purpose of defraying the costs of the
16Secretary of State in administering this Section. All
17applicants must:
18        1. be 21 years of age or older;
19        2. possess a valid and properly classified driver's
20    license issued by the Secretary of State;
21        3. possess a valid driver's license, which has not been
22    revoked, suspended, or canceled for 3 years immediately
23    prior to the date of application, or have not had his or
24    her commercial motor vehicle driving privileges
25    disqualified within the 3 years immediately prior to the
26    date of application;

 

 

SB1616- 143 -LRB097 09149 CEL 49284 b

1        4. successfully pass a written test, administered by
2    the Secretary of State, on school bus operation, school bus
3    safety, and special traffic laws relating to school buses
4    and submit to a review of the applicant's driving habits by
5    the Secretary of State at the time the written test is
6    given;
7        5. demonstrate ability to exercise reasonable care in
8    the operation of school buses in accordance with rules
9    promulgated by the Secretary of State;
10        6. demonstrate physical fitness to operate school
11    buses by submitting the results of a medical examination,
12    including tests for drug use for each applicant not subject
13    to such testing pursuant to federal law, conducted by a
14    licensed physician, an advanced practice nurse who has a
15    written collaborative agreement with a collaborating
16    physician which authorizes him or her to perform medical
17    examinations, or a physician assistant who has been
18    delegated the performance of medical examinations by his or
19    her supervising physician within 90 days of the date of
20    application according to standards promulgated by the
21    Secretary of State;
22        7. affirm under penalties of perjury that he or she has
23    not made a false statement or knowingly concealed a
24    material fact in any application for permit;
25        8. have completed an initial classroom course,
26    including first aid procedures, in school bus driver safety

 

 

SB1616- 144 -LRB097 09149 CEL 49284 b

1    as promulgated by the Secretary of State; and after
2    satisfactory completion of said initial course an annual
3    refresher course; such courses and the agency or
4    organization conducting such courses shall be approved by
5    the Secretary of State; failure to complete the annual
6    refresher course, shall result in cancellation of the
7    permit until such course is completed;
8        9. not have been convicted of 2 or more serious traffic
9    offenses, as defined by rule, within one year prior to the
10    date of application that may endanger the life or safety of
11    any of the driver's passengers within the duration of the
12    permit period;
13        10. not have been convicted of reckless driving,
14    aggravated reckless driving, driving while under the
15    influence of alcohol, other drug or drugs, intoxicating
16    compound or compounds or any combination thereof, or
17    reckless homicide resulting from the operation of a motor
18    vehicle within 3 years of the date of application;
19        11. not have been convicted of committing or attempting
20    to commit any one or more of the following offenses: (i)
21    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
22    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
23    10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6, 11-9,
24    11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1,
25    11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
26    11-19.2, 11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23,

 

 

SB1616- 145 -LRB097 09149 CEL 49284 b

1    11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
2    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
3    12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
4    12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5,
5    12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4,
6    18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
7    24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,
8    31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of
9    Section 8-1, and in subsection (a) and subsection (b),
10    clause (1), of Section 12-4, and in subsection (A), clauses
11    (a) and (b), of Section 24-3, and those offenses contained
12    in Article 29D of the Criminal Code of 1961; (ii) those
13    offenses defined in the Cannabis Control Act except those
14    offenses defined in subsections (a) and (b) of Section 4,
15    and subsection (a) of Section 5 of the Cannabis Control
16    Act; (iii) those offenses defined in the Illinois
17    Controlled Substances Act; (iv) those offenses defined in
18    the Methamphetamine Control and Community Protection Act;
19    (v) any offense committed or attempted in any other state
20    or against the laws of the United States, which if
21    committed or attempted in this State would be punishable as
22    one or more of the foregoing offenses; (vi) the offenses
23    defined in Section 4.1 and 5.1 of the Wrongs to Children
24    Act; (vii) those offenses defined in Section 6-16 of the
25    Liquor Control Act of 1934; and (viii) those offenses
26    defined in the Methamphetamine Precursor Control Act; .

 

 

SB1616- 146 -LRB097 09149 CEL 49284 b

1        12. not have been repeatedly involved as a driver in
2    motor vehicle collisions or been repeatedly convicted of
3    offenses against laws and ordinances regulating the
4    movement of traffic, to a degree which indicates lack of
5    ability to exercise ordinary and reasonable care in the
6    safe operation of a motor vehicle or disrespect for the
7    traffic laws and the safety of other persons upon the
8    highway;
9        13. not have, through the unlawful operation of a motor
10    vehicle, caused an accident resulting in the death of any
11    person; and
12        14. not have, within the last 5 years, been adjudged to
13    be afflicted with or suffering from any mental disability
14    or disease.
15    (b) A school bus driver permit shall be valid for a period
16specified by the Secretary of State as set forth by rule. It
17shall be renewable upon compliance with subsection (a) of this
18Section.
19    (c) A school bus driver permit shall contain the holder's
20driver's license number, legal name, residence address, zip
21code, social security number and date of birth, a brief
22description of the holder and a space for signature. The
23Secretary of State may require a suitable photograph of the
24holder.
25    (d) The employer shall be responsible for conducting a
26pre-employment interview with prospective school bus driver

 

 

SB1616- 147 -LRB097 09149 CEL 49284 b

1candidates, distributing school bus driver applications and
2medical forms to be completed by the applicant, and submitting
3the applicant's fingerprint cards to the Department of State
4Police that are required for the criminal background
5investigations. The employer shall certify in writing to the
6Secretary of State that all pre-employment conditions have been
7successfully completed including the successful completion of
8an Illinois specific criminal background investigation through
9the Department of State Police and the submission of necessary
10fingerprints to the Federal Bureau of Investigation for
11criminal history information available through the Federal
12Bureau of Investigation system. The applicant shall present the
13certification to the Secretary of State at the time of
14submitting the school bus driver permit application.
15    (e) Permits shall initially be provisional upon receiving
16certification from the employer that all pre-employment
17conditions have been successfully completed, and upon
18successful completion of all training and examination
19requirements for the classification of the vehicle to be
20operated, the Secretary of State shall provisionally issue a
21School Bus Driver Permit. The permit shall remain in a
22provisional status pending the completion of the Federal Bureau
23of Investigation's criminal background investigation based
24upon fingerprinting specimens submitted to the Federal Bureau
25of Investigation by the Department of State Police. The Federal
26Bureau of Investigation shall report the findings directly to

 

 

SB1616- 148 -LRB097 09149 CEL 49284 b

1the Secretary of State. The Secretary of State shall remove the
2bus driver permit from provisional status upon the applicant's
3successful completion of the Federal Bureau of Investigation's
4criminal background investigation.
5    (f) A school bus driver permit holder shall notify the
6employer and the Secretary of State if he or she is convicted
7in another state of an offense that would make him or her
8ineligible for a permit under subsection (a) of this Section.
9The written notification shall be made within 5 days of the
10entry of the conviction. Failure of the permit holder to
11provide the notification is punishable as a petty offense for a
12first violation and a Class B misdemeanor for a second or
13subsequent violation.
14    (g) Cancellation; suspension; notice and procedure.
15        (1) The Secretary of State shall cancel a school bus
16    driver permit of an applicant whose criminal background
17    investigation discloses that he or she is not in compliance
18    with the provisions of subsection (a) of this Section.
19        (2) The Secretary of State shall cancel a school bus
20    driver permit when he or she receives notice that the
21    permit holder fails to comply with any provision of this
22    Section or any rule promulgated for the administration of
23    this Section.
24        (3) The Secretary of State shall cancel a school bus
25    driver permit if the permit holder's restricted commercial
26    or commercial driving privileges are withdrawn or

 

 

SB1616- 149 -LRB097 09149 CEL 49284 b

1    otherwise invalidated.
2        (4) The Secretary of State may not issue a school bus
3    driver permit for a period of 3 years to an applicant who
4    fails to obtain a negative result on a drug test as
5    required in item 6 of subsection (a) of this Section or
6    under federal law.
7        (5) The Secretary of State shall forthwith suspend a
8    school bus driver permit for a period of 3 years upon
9    receiving notice that the holder has failed to obtain a
10    negative result on a drug test as required in item 6 of
11    subsection (a) of this Section or under federal law.
12        (6) The Secretary of State shall suspend a school bus
13    driver permit for a period of 3 years upon receiving notice
14    from the employer that the holder failed to perform the
15    inspection procedure set forth in subsection (a) or (b) of
16    Section 12-816 of this Code.
17    The Secretary of State shall notify the State
18Superintendent of Education and the permit holder's
19prospective or current employer that the applicant has (1) has
20failed a criminal background investigation or (2) is no longer
21eligible for a school bus driver permit; and of the related
22cancellation of the applicant's provisional school bus driver
23permit. The cancellation shall remain in effect pending the
24outcome of a hearing pursuant to Section 2-118 of this Code.
25The scope of the hearing shall be limited to the issuance
26criteria contained in subsection (a) of this Section. A

 

 

SB1616- 150 -LRB097 09149 CEL 49284 b

1petition requesting a hearing shall be submitted to the
2Secretary of State and shall contain the reason the individual
3feels he or she is entitled to a school bus driver permit. The
4permit holder's employer shall notify in writing to the
5Secretary of State that the employer has certified the removal
6of the offending school bus driver from service prior to the
7start of that school bus driver's next workshift. An employing
8school board that fails to remove the offending school bus
9driver from service is subject to the penalties defined in
10Section 3-14.23 of the School Code. A school bus contractor who
11violates a provision of this Section is subject to the
12penalties defined in Section 6-106.11.
13    All valid school bus driver permits issued under this
14Section prior to January 1, 1995, shall remain effective until
15their expiration date unless otherwise invalidated.
16    (h) When a school bus driver permit holder who is a service
17member is called to active duty, the employer of the permit
18holder shall notify the Secretary of State, within 30 days of
19notification from the permit holder, that the permit holder has
20been called to active duty. Upon notification pursuant to this
21subsection, (i) the Secretary of State shall characterize the
22permit as inactive until a permit holder renews the permit as
23provided in subsection (i) of this Section, and (ii) if a
24permit holder fails to comply with the requirements of this
25Section while called to active duty, the Secretary of State
26shall not characterize the permit as invalid.

 

 

SB1616- 151 -LRB097 09149 CEL 49284 b

1    (i) A school bus driver permit holder who is a service
2member returning from active duty must, within 90 days, renew a
3permit characterized as inactive pursuant to subsection (h) of
4this Section by complying with the renewal requirements of
5subsection (b) of this Section.
6    (j) For purposes of subsections (h) and (i) of this
7Section:
8    "Active duty" means active duty pursuant to an executive
9order of the President of the United States, an act of the
10Congress of the United States, or an order of the Governor.
11    "Service member" means a member of the Armed Services or
12reserve forces of the United States or a member of the Illinois
13National Guard.
14(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
1596-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
167-22-10; revised 9-2-10.)
 
17    Section 120. The Illinois Controlled Substances Act is
18amended by changing Sections 102 and 303.05 as follows:
 
19    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
20    Sec. 102. Definitions. As used in this Act, unless the
21context otherwise requires:
22    (a) "Addict" means any person who habitually uses any drug,
23chemical, substance or dangerous drug other than alcohol so as
24to endanger the public morals, health, safety or welfare or who

 

 

SB1616- 152 -LRB097 09149 CEL 49284 b

1is so far addicted to the use of a dangerous drug or controlled
2substance other than alcohol as to have lost the power of self
3control with reference to his addiction.
4    (b) "Administer" means the direct application of a
5controlled substance, whether by injection, inhalation,
6ingestion, or any other means, to the body of a patient,
7research subject, or animal (as defined by the Humane
8Euthanasia in Animal Shelters Act) by:
9        (1) a practitioner (or, in his presence, by his
10    authorized agent),
11        (2) the patient or research subject at the lawful
12    direction of the practitioner, or
13        (3) a euthanasia technician as defined by the Humane
14    Euthanasia in Animal Shelters Act.
15    (c) "Agent" means an authorized person who acts on behalf
16of or at the direction of a manufacturer, distributor, or
17dispenser. It does not include a common or contract carrier,
18public warehouseman or employee of the carrier or warehouseman.
19    (c-1) "Anabolic Steroids" means any drug or hormonal
20substance, chemically and pharmacologically related to
21testosterone (other than estrogens, progestins, and
22corticosteroids) that promotes muscle growth, and includes:
23            (i) boldenone,
24            (ii) chlorotestosterone,
25            (iii) chostebol,
26            (iv) dehydrochlormethyltestosterone,

 

 

SB1616- 153 -LRB097 09149 CEL 49284 b

1            (v) dihydrotestosterone,
2            (vi) drostanolone,
3            (vii) ethylestrenol,
4            (viii) fluoxymesterone,
5            (ix) formebulone,
6            (x) mesterolone,
7            (xi) methandienone,
8            (xii) methandranone,
9            (xiii) methandriol,
10            (xiv) methandrostenolone,
11            (xv) methenolone,
12            (xvi) methyltestosterone,
13            (xvii) mibolerone,
14            (xviii) nandrolone,
15            (xix) norethandrolone,
16            (xx) oxandrolone,
17            (xxi) oxymesterone,
18            (xxii) oxymetholone,
19            (xxiii) stanolone,
20            (xxiv) stanozolol,
21            (xxv) testolactone,
22            (xxvi) testosterone,
23            (xxvii) trenbolone, and
24            (xxviii) any salt, ester, or isomer of a drug or
25        substance described or listed in this paragraph, if
26        that salt, ester, or isomer promotes muscle growth.

 

 

SB1616- 154 -LRB097 09149 CEL 49284 b

1    Any person who is otherwise lawfully in possession of an
2anabolic steroid, or who otherwise lawfully manufactures,
3distributes, dispenses, delivers, or possesses with intent to
4deliver an anabolic steroid, which anabolic steroid is
5expressly intended for and lawfully allowed to be administered
6through implants to livestock or other nonhuman species, and
7which is approved by the Secretary of Health and Human Services
8for such administration, and which the person intends to
9administer or have administered through such implants, shall
10not be considered to be in unauthorized possession or to
11unlawfully manufacture, distribute, dispense, deliver, or
12possess with intent to deliver such anabolic steroid for
13purposes of this Act.
14    (d) "Administration" means the Drug Enforcement
15Administration, United States Department of Justice, or its
16successor agency.
17    (e) "Control" means to add a drug or other substance, or
18immediate precursor, to a Schedule under Article II of this Act
19whether by transfer from another Schedule or otherwise.
20    (f) "Controlled Substance" means a drug, substance, or
21immediate precursor in the Schedules of Article II of this Act.
22    (g) "Counterfeit substance" means a controlled substance,
23which, or the container or labeling of which, without
24authorization bears the trademark, trade name, or other
25identifying mark, imprint, number or device, or any likeness
26thereof, of a manufacturer, distributor, or dispenser other

 

 

SB1616- 155 -LRB097 09149 CEL 49284 b

1than the person who in fact manufactured, distributed, or
2dispensed the substance.
3    (h) "Deliver" or "delivery" means the actual, constructive
4or attempted transfer of possession of a controlled substance,
5with or without consideration, whether or not there is an
6agency relationship.
7    (i) "Department" means the Illinois Department of Human
8Services (as successor to the Department of Alcoholism and
9Substance Abuse) or its successor agency.
10    (j) "Department of State Police" means the Department of
11State Police of the State of Illinois or its successor agency.
12    (k) "Department of Corrections" means the Department of
13Corrections of the State of Illinois or its successor agency.
14    (l) "Department of Professional Regulation" means the
15Department of Professional Regulation of the State of Illinois
16or its successor agency.
17    (m) "Depressant" or "stimulant substance" means:
18        (1) a drug which contains any quantity of (i)
19    barbituric acid or any of the salts of barbituric acid
20    which has been designated as habit forming under section
21    502 (d) of the Federal Food, Drug, and Cosmetic Act (21
22    U.S.C. 352 (d)); or
23        (2) a drug which contains any quantity of (i)
24    amphetamine or methamphetamine and any of their optical
25    isomers; (ii) any salt of amphetamine or methamphetamine or
26    any salt of an optical isomer of amphetamine; or (iii) any

 

 

SB1616- 156 -LRB097 09149 CEL 49284 b

1    substance which the Department, after investigation, has
2    found to be, and by rule designated as, habit forming
3    because of its depressant or stimulant effect on the
4    central nervous system; or
5        (3) lysergic acid diethylamide; or
6        (4) any drug which contains any quantity of a substance
7    which the Department, after investigation, has found to
8    have, and by rule designated as having, a potential for
9    abuse because of its depressant or stimulant effect on the
10    central nervous system or its hallucinogenic effect.
11    (n) (Blank).
12    (o) "Director" means the Director of the Department of
13State Police or the Department of Professional Regulation or
14his designated agents.
15    (p) "Dispense" means to deliver a controlled substance to
16an ultimate user or research subject by or pursuant to the
17lawful order of a prescriber, including the prescribing,
18administering, packaging, labeling, or compounding necessary
19to prepare the substance for that delivery.
20    (q) "Dispenser" means a practitioner who dispenses.
21    (r) "Distribute" means to deliver, other than by
22administering or dispensing, a controlled substance.
23    (s) "Distributor" means a person who distributes.
24    (t) "Drug" means (1) substances recognized as drugs in the
25official United States Pharmacopoeia, Official Homeopathic
26Pharmacopoeia of the United States, or official National

 

 

SB1616- 157 -LRB097 09149 CEL 49284 b

1Formulary, or any supplement to any of them; (2) substances
2intended for use in diagnosis, cure, mitigation, treatment, or
3prevention of disease in man or animals; (3) substances (other
4than food) intended to affect the structure of any function of
5the body of man or animals and (4) substances intended for use
6as a component of any article specified in clause (1), (2), or
7(3) of this subsection. It does not include devices or their
8components, parts, or accessories.
9    (t-5) "Euthanasia agency" means an entity certified by the
10Department of Professional Regulation for the purpose of animal
11euthanasia that holds an animal control facility license or
12animal shelter license under the Animal Welfare Act. A
13euthanasia agency is authorized to purchase, store, possess,
14and utilize Schedule II nonnarcotic and Schedule III
15nonnarcotic drugs for the sole purpose of animal euthanasia.
16    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
17substances (nonnarcotic controlled substances) that are used
18by a euthanasia agency for the purpose of animal euthanasia.
19    (u) "Good faith" means the prescribing or dispensing of a
20controlled substance by a practitioner in the regular course of
21professional treatment to or for any person who is under his
22treatment for a pathology or condition other than that
23individual's physical or psychological dependence upon or
24addiction to a controlled substance, except as provided herein:
25and application of the term to a pharmacist shall mean the
26dispensing of a controlled substance pursuant to the

 

 

SB1616- 158 -LRB097 09149 CEL 49284 b

1prescriber's order which in the professional judgment of the
2pharmacist is lawful. The pharmacist shall be guided by
3accepted professional standards including, but not limited to
4the following, in making the judgment:
5        (1) lack of consistency of doctor-patient
6    relationship,
7        (2) frequency of prescriptions for same drug by one
8    prescriber for large numbers of patients,
9        (3) quantities beyond those normally prescribed,
10        (4) unusual dosages,
11        (5) unusual geographic distances between patient,
12    pharmacist and prescriber,
13        (6) consistent prescribing of habit-forming drugs.
14    (u-1) "Home infusion services" means services provided by a
15pharmacy in compounding solutions for direct administration to
16a patient in a private residence, long-term care facility, or
17hospice setting by means of parenteral, intravenous,
18intramuscular, subcutaneous, or intraspinal infusion.
19    (v) "Immediate precursor" means a substance:
20        (1) which the Department has found to be and by rule
21    designated as being a principal compound used, or produced
22    primarily for use, in the manufacture of a controlled
23    substance;
24        (2) which is an immediate chemical intermediary used or
25    likely to be used in the manufacture of such controlled
26    substance; and

 

 

SB1616- 159 -LRB097 09149 CEL 49284 b

1        (3) the control of which is necessary to prevent,
2    curtail or limit the manufacture of such controlled
3    substance.
4    (w) "Instructional activities" means the acts of teaching,
5educating or instructing by practitioners using controlled
6substances within educational facilities approved by the State
7Board of Education or its successor agency.
8    (x) "Local authorities" means a duly organized State,
9County or Municipal peace unit or police force.
10    (y) "Look-alike substance" means a substance, other than a
11controlled substance which (1) by overall dosage unit
12appearance, including shape, color, size, markings or lack
13thereof, taste, consistency, or any other identifying physical
14characteristic of the substance, would lead a reasonable person
15to believe that the substance is a controlled substance, or (2)
16is expressly or impliedly represented to be a controlled
17substance or is distributed under circumstances which would
18lead a reasonable person to believe that the substance is a
19controlled substance. For the purpose of determining whether
20the representations made or the circumstances of the
21distribution would lead a reasonable person to believe the
22substance to be a controlled substance under this clause (2) of
23subsection (y), the court or other authority may consider the
24following factors in addition to any other factor that may be
25relevant:
26        (a) statements made by the owner or person in control

 

 

SB1616- 160 -LRB097 09149 CEL 49284 b

1    of the substance concerning its nature, use or effect;
2        (b) statements made to the buyer or recipient that the
3    substance may be resold for profit;
4        (c) whether the substance is packaged in a manner
5    normally used for the illegal distribution of controlled
6    substances;
7        (d) whether the distribution or attempted distribution
8    included an exchange of or demand for money or other
9    property as consideration, and whether the amount of the
10    consideration was substantially greater than the
11    reasonable retail market value of the substance.
12    Clause (1) of this subsection (y) shall not apply to a
13noncontrolled substance in its finished dosage form that was
14initially introduced into commerce prior to the initial
15introduction into commerce of a controlled substance in its
16finished dosage form which it may substantially resemble.
17    Nothing in this subsection (y) prohibits the dispensing or
18distributing of noncontrolled substances by persons authorized
19to dispense and distribute controlled substances under this
20Act, provided that such action would be deemed to be carried
21out in good faith under subsection (u) if the substances
22involved were controlled substances.
23    Nothing in this subsection (y) or in this Act prohibits the
24manufacture, preparation, propagation, compounding,
25processing, packaging, advertising or distribution of a drug or
26drugs by any person registered pursuant to Section 510 of the

 

 

SB1616- 161 -LRB097 09149 CEL 49284 b

1Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
2    (y-1) "Mail-order pharmacy" means a pharmacy that is
3located in a state of the United States, other than Illinois,
4that delivers, dispenses or distributes, through the United
5States Postal Service or other common carrier, to Illinois
6residents, any substance which requires a prescription.
7    (z) "Manufacture" means the production, preparation,
8propagation, compounding, conversion or processing of a
9controlled substance other than methamphetamine, either
10directly or indirectly, by extraction from substances of
11natural origin, or independently by means of chemical
12synthesis, or by a combination of extraction and chemical
13synthesis, and includes any packaging or repackaging of the
14substance or labeling of its container, except that this term
15does not include:
16        (1) by an ultimate user, the preparation or compounding
17    of a controlled substance for his own use; or
18        (2) by a practitioner, or his authorized agent under
19    his supervision, the preparation, compounding, packaging,
20    or labeling of a controlled substance:
21            (a) as an incident to his administering or
22        dispensing of a controlled substance in the course of
23        his professional practice; or
24            (b) as an incident to lawful research, teaching or
25        chemical analysis and not for sale.
26    (z-1) (Blank).

 

 

SB1616- 162 -LRB097 09149 CEL 49284 b

1    (aa) "Narcotic drug" means any of the following, whether
2produced directly or indirectly by extraction from substances
3of natural origin, or independently by means of chemical
4synthesis, or by a combination of extraction and chemical
5synthesis:
6        (1) opium and opiate, and any salt, compound,
7    derivative, or preparation of opium or opiate;
8        (2) any salt, compound, isomer, derivative, or
9    preparation thereof which is chemically equivalent or
10    identical with any of the substances referred to in clause
11    (1), but not including the isoquinoline alkaloids of opium;
12        (3) opium poppy and poppy straw;
13        (4) coca leaves and any salts, compound, isomer, salt
14    of an isomer, derivative, or preparation of coca leaves
15    including cocaine or ecgonine, and any salt, compound,
16    isomer, derivative, or preparation thereof which is
17    chemically equivalent or identical with any of these
18    substances, but not including decocainized coca leaves or
19    extractions of coca leaves which do not contain cocaine or
20    ecgonine (for the purpose of this paragraph, the term
21    "isomer" includes optical, positional and geometric
22    isomers).
23    (bb) "Nurse" means a registered nurse licensed under the
24Nurse Practice Act.
25    (cc) (Blank).
26    (dd) "Opiate" means any substance having an addiction

 

 

SB1616- 163 -LRB097 09149 CEL 49284 b

1forming or addiction sustaining liability similar to morphine
2or being capable of conversion into a drug having addiction
3forming or addiction sustaining liability.
4    (ee) "Opium poppy" means the plant of the species Papaver
5somniferum L., except its seeds.
6    (ff) "Parole and Pardon Board" means the Parole and Pardon
7Board of the State of Illinois or its successor agency.
8    (gg) "Person" means any individual, corporation,
9mail-order pharmacy, government or governmental subdivision or
10agency, business trust, estate, trust, partnership or
11association, or any other entity.
12    (hh) "Pharmacist" means any person who holds a license or
13certificate of registration as a registered pharmacist, a local
14registered pharmacist or a registered assistant pharmacist
15under the Pharmacy Practice Act.
16    (ii) "Pharmacy" means any store, ship or other place in
17which pharmacy is authorized to be practiced under the Pharmacy
18Practice Act.
19    (jj) "Poppy straw" means all parts, except the seeds, of
20the opium poppy, after mowing.
21    (kk) "Practitioner" means a physician licensed to practice
22medicine in all its branches, dentist, optometrist,
23podiatrist, veterinarian, scientific investigator, pharmacist,
24physician assistant, advanced practice nurse, licensed
25practical nurse, registered nurse, hospital, laboratory, or
26pharmacy, or other person licensed, registered, or otherwise

 

 

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1lawfully permitted by the United States or this State to
2distribute, dispense, conduct research with respect to,
3administer or use in teaching or chemical analysis, a
4controlled substance in the course of professional practice or
5research.
6    (ll) "Pre-printed prescription" means a written
7prescription upon which the designated drug has been indicated
8prior to the time of issuance.
9    (mm) "Prescriber" means a physician licensed to practice
10medicine in all its branches, dentist, optometrist, podiatrist
11or veterinarian who issues a prescription, a physician
12assistant who issues a prescription for a controlled substance
13in accordance with Section 303.05, a written delegation, and a
14written supervision agreement required under Section 7.5 of the
15Physician Assistant Practice Act of 1987, or an advanced
16practice nurse with prescriptive authority delegated under
17Section 65-40 of the Nurse Practice Act and in accordance with
18Section 303.05, a written delegation, and a written
19collaborative agreement under Section 65-35 of the Nurse
20Practice Act.
21    (nn) "Prescription" means a lawful written, facsimile, or
22verbal order of a physician licensed to practice medicine in
23all its branches, dentist, podiatrist or veterinarian for any
24controlled substance, of an optometrist for a Schedule III, IV,
25or V controlled substance in accordance with Section 15.1 of
26the Illinois Optometric Practice Act of 1987, of a physician

 

 

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1assistant for a controlled substance in accordance with Section
2303.05, a written delegation, and a written supervision
3agreement required under Section 7.5 of the Physician Assistant
4Practice Act of 1987, or of an advanced practice nurse with
5prescriptive authority delegated under Section 65-40 of the
6Nurse Practice Act who issues a prescription for any a
7controlled substance in accordance with Section 303.05, a
8written delegation, and a written collaborative agreement
9under Section 65-35 of the Nurse Practice Act.
10    (oo) "Production" or "produce" means manufacture,
11planting, cultivating, growing, or harvesting of a controlled
12substance other than methamphetamine.
13    (pp) "Registrant" means every person who is required to
14register under Section 302 of this Act.
15    (qq) "Registry number" means the number assigned to each
16person authorized to handle controlled substances under the
17laws of the United States and of this State.
18    (rr) "State" includes the State of Illinois and any state,
19district, commonwealth, territory, insular possession thereof,
20and any area subject to the legal authority of the United
21States of America.
22    (ss) "Ultimate user" means a person who lawfully possesses
23a controlled substance for his own use or for the use of a
24member of his household or for administering to an animal owned
25by him or by a member of his household.
26(Source: P.A. 95-242, eff. 1-1-08; 95-639, eff. 10-5-07;

 

 

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195-689, eff. 10-29-07; 95-876, eff. 8-21-08; 96-189, eff.
28-10-09; 96-268, eff. 8-11-09.)
 
3    (720 ILCS 570/303.05)
4    Sec. 303.05. Mid-level practitioner registration.
5    (a) The Department of Financial and Professional
6Regulation shall register licensed physician assistants and
7licensed advanced practice nurses to prescribe and dispense
8controlled substances under Section 303 and animal euthanasia
9agencies to purchase, store, or administer animal euthanasia
10drugs under the following circumstances:
11        (1) with respect to physician assistants,
12            (A) the physician assistant has been delegated
13        authority to prescribe any Schedule III through V
14        controlled substances by a physician licensed to
15        practice medicine in all its branches in accordance
16        with Section 7.5 of the Physician Assistant Practice
17        Act of 1987; and the physician assistant has completed
18        the appropriate application forms and has paid the
19        required fees as set by rule; or
20            (B) the physician assistant has been delegated
21        authority by a supervising physician licensed to
22        practice medicine in all its branches to prescribe or
23        dispense Schedule II controlled substances through a
24        written delegation of authority and under the
25        following conditions:

 

 

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1                (i) no more than 5 Schedule II controlled
2            substances by oral dosage may be delegated;
3                (ii) any delegation must be of controlled
4            substances prescribed by the supervising
5            physician;
6                (iii) all prescriptions must be limited to no
7            more than a 30-day oral dosage, with any
8            continuation authorized only after prior approval
9            of the supervising physician;
10                (iv) the physician assistant must discuss the
11            condition of any patients for whom a controlled
12            substance is prescribed monthly with the
13            delegating physician; and
14                (v) the physician assistant must have
15            completed the appropriate application forms and
16            paid the required fees as set by rule;
17        (2) with respect to advanced practice nurses,
18            (A) the advanced practice nurse has been delegated
19        authority to prescribe any Schedule II III through V
20        controlled substances by a physician licensed to
21        practice medicine in all its branches or a podiatrist
22        in accordance with Section 65-40 of the Nurse Practice
23        Act. The advanced practice nurse has completed the
24        appropriate application forms and has paid the
25        required fees as set by rule; or
26            (B) the advanced practice nurse has been delegated

 

 

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1        authority by a collaborating physician licensed to
2        practice medicine in all its branches to prescribe or
3        dispense Schedule II controlled substances through a
4        written delegation of authority and under the
5        following conditions:
6                (i) no more than 5 Schedule II controlled
7            substances by oral dosage may be delegated;
8                (ii) any delegation must be of controlled
9            substances prescribed by the collaborating
10            physician;
11                (iii) all prescriptions must be limited to no
12            more than a 30-day oral dosage, with any
13            continuation authorized only after prior approval
14            of the collaborating physician;
15                (iv) the advanced practice nurse must discuss
16            the condition of any patients for whom a controlled
17            substance is prescribed monthly with the
18            delegating physician; and
19                (v) the advanced practice nurse must have
20            completed the appropriate application forms and
21            paid the required fees as set by rule; or
22        (3) with respect to animal euthanasia agencies, the
23    euthanasia agency has obtained a license from the
24    Department of Professional Regulation and obtained a
25    registration number from the Department.
26    (b) The physician assistant mid-level practitioner shall

 

 

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1only be licensed to prescribe those schedules of controlled
2substances for which a licensed physician or licensed
3podiatrist has delegated prescriptive authority, except that
4an animal euthanasia agency does not have any prescriptive
5authority. A physician assistant and an advanced practice nurse
6are prohibited from prescribing medications and controlled
7substances not set forth in the required written delegation of
8authority.
9    (c) Upon completion of all registration requirements,
10physician assistants, advanced practice nurses, and animal
11euthanasia agencies shall be issued a mid-level practitioner
12controlled substances license for Illinois.
13(Source: P.A. 95-639, eff. 10-5-07; 96-189, eff. 8-10-09;
1496-268, eff. 8-11-09; 96-1000, eff. 7-2-10.)
 
15    (225 ILCS 65/65-35 rep.)
16    Section 125. The Nurse Practice Act is amended by repealing
17Section 65-35.
 
18    (225 ILCS 100/20.5 rep.)
19    Section 130. The Podiatric Medical Practice Act of 1987 is
20amended by repealing Section 20.5.
 
21    Section 999. Effective date. This Act takes effect upon
22becoming law.

 

 

SB1616- 170 -LRB097 09149 CEL 49284 b

1 INDEX
2 Statutes amended in order of appearance
3    15 ILCS 335/4from Ch. 124, par. 24
4    105 ILCS 5/22-30
5    105 ILCS 5/24-5from Ch. 122, par. 24-5
6    105 ILCS 5/24-6
7    105 ILCS 5/26-1from Ch. 122, par. 26-1
8    105 ILCS 5/27-8.1from Ch. 122, par. 27-8.1
9    210 ILCS 5/6.5
10    210 ILCS 25/7-101from Ch. 111 1/2, par. 627-101
11    210 ILCS 85/10.7
12    215 ILCS 5/356g.5
13    215 ILCS 5/356z.1
14    225 ILCS 25/8.1from Ch. 111, par. 2308.1
15    225 ILCS 60/22from Ch. 111, par. 4400-22
16    225 ILCS 60/54.5
17    225 ILCS 65/50-10was 225 ILCS 65/5-10
18    225 ILCS 65/65-30
19    225 ILCS 65/65-40was 225 ILCS 65/15-20
20    225 ILCS 65/65-45was 225 ILCS 65/15-25
21    225 ILCS 65/65-55was 225 ILCS 65/15-40
22    225 ILCS 65/70-5was 225 ILCS 65/10-45
23    225 ILCS 75/3.1
24    225 ILCS 85/4from Ch. 111, par. 4124
25    225 ILCS 90/1from Ch. 111, par. 4251

 

 

SB1616- 171 -LRB097 09149 CEL 49284 b

1    225 ILCS 106/10
2    225 ILCS 135/10
3    225 ILCS 135/20
4    225 ILCS 135/95
5    405 ILCS 95/10
6    410 ILCS 45/6.2from Ch. 111 1/2, par. 1306.2
7    410 ILCS 70/2.2
8    410 ILCS 70/5from Ch. 111 1/2, par. 87-5
9    410 ILCS 70/5.5
10    410 ILCS 210/1from Ch. 111, par. 4501
11    410 ILCS 210/2from Ch. 111, par. 4502
12    410 ILCS 210/3from Ch. 111, par. 4503
13    410 ILCS 225/2from Ch. 111 1/2, par. 7022
14    410 ILCS 305/3from Ch. 111 1/2, par. 7303
15    410 ILCS 325/4from Ch. 111 1/2, par. 7404
16    410 ILCS 335/5
17    410 ILCS 642/10
18    625 ILCS 5/1-159.1from Ch. 95 1/2, par. 1-159.1
19    625 ILCS 5/3-616from Ch. 95 1/2, par. 3-616
20    625 ILCS 5/6-106.1
21    720 ILCS 570/102from Ch. 56 1/2, par. 1102
22    720 ILCS 570/303.05
23    225 ILCS 65/65-35 rep.
24    225 ILCS 100/20.5 rep.