Illinois General Assembly - Full Text of HB4688
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Full Text of HB4688  100th General Assembly




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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 Nursing Home Administrators Licensing and
5Disciplinary Act is amended by changing Sections 4, 5, 5.1, 6,
66.5, 16, 17, 17.1, 19, 20.1, 21, 23, 24, 25, 32, 33, and 35, and
7by adding Sections 4.5 and 26.5 as follows:
8    (225 ILCS 70/4)  (from Ch. 111, par. 3654)
9    (Section scheduled to be repealed on January 1, 2028)
10    Sec. 4. Definitions. For purposes of this Act, the
11following definitions shall have the following meanings,
12except where the context requires otherwise:
13        (1) "Act" means the Nursing Home Administrators
14    Licensing and Disciplinary Act.
15        (2) "Department" means the Department of Financial and
16    Professional Regulation.
17        (3) "Secretary" means the Secretary of Financial and
18    Professional Regulation.
19        (4) "Board" means the Nursing Home Administrators
20    Licensing and Disciplinary Board appointed by the
21    Governor.
22        (5) "Nursing home administrator" means the individual
23    licensed under this Act and directly responsible for



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1    planning, organizing, directing and supervising the
2    operation of a nursing home, or who in fact performs such
3    functions, whether or not such functions are delegated to
4    one or more other persons.
5        (6) "Nursing home" or "facility" means any entity that
6    is required to be licensed by the Department of Public
7    Health under the Nursing Home Care Act, as amended, other
8    than a sheltered care home as defined thereunder, and
9    includes private homes, institutions, buildings,
10    residences, or other places, whether operated for profit or
11    not, irrespective of the names attributed to them, county
12    homes for the infirm and chronically ill operated pursuant
13    to the County Nursing Home Act, as amended, and any similar
14    institutions operated by a political subdivision of the
15    State of Illinois that provide, through though their
16    ownership or management, maintenance, personal care, and
17    nursing for 3 or more persons, not related to the owner by
18    blood or marriage, or any similar facilities in which
19    maintenance is provided to 3 or more persons who by reason
20    of illness of physical infirmity require personal care and
21    nursing. The term also means any facility licensed under
22    the ID/DD Community Care Act, the MC/DD Act, or the
23    Specialized Mental Health Rehabilitation Act of 2013.
24        (7) "Maintenance" means food, shelter and laundry.
25        (8) "Personal care" means assistance with meals,
26    dressing, movement, bathing, or other personal needs, or



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1    general supervision of the physical and mental well-being
2    of an individual who because of age, physical, or mental
3    disability, emotion or behavior disorder, or an
4    intellectual disability is incapable of managing his or her
5    person, whether or not a guardian has been appointed for
6    such individual. For the purposes of this Act, this
7    definition does not include the professional services of a
8    nurse.
9        (9) "Nursing" means professional nursing or practical
10    nursing, as those terms are defined in the Nurse Practice
11    Act, for sick or infirm persons who are under the care and
12    supervision of licensed physicians or dentists.
13        (10) "Disciplinary action" means revocation,
14    suspension, probation, supervision, reprimand, required
15    education, fines or any other action taken by the
16    Department against a person holding a license.
17        (11) "Impaired" means the inability to practice with
18    reasonable skill and safety due to physical or mental
19    disabilities as evidenced by a written determination or
20    written consent based on clinical evidence including
21    deterioration through the aging process or loss of motor
22    skill, or abuse of drugs or alcohol, of sufficient degree
23    to diminish a person's ability to administer a nursing
24    home.
25        (12) "Address of record" means the designated address
26    recorded by the Department in the applicant's or licensee's



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1    application file or license file maintained by the
2    Department's licensure maintenance unit. It is the duty of
3    the applicant or licensee to inform the Department of any
4    change of address, and such changes must be made either
5    through the Department's website or by contacting the
6    Department's licensure maintenance unit.
7        (13) "Email address of record" means the designated
8    email address recorded by the Department in the applicant's
9    application file or the licensee's license file, as
10    maintained by the Department's licensure maintenance unit.
11(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
12    (225 ILCS 70/4.5 new)
13    Sec. 4.5. Address of record; email address of record. All
14applicants and licensees shall:
15        (1) provide a valid address and email address to the
16    Department, which shall serve as the address of record and
17    email address of record, respectively, at the time of
18    application for licensure or renewal of a license; and
19        (2) inform the Department of any change of address of
20    record or email address of record within 14 days after such
21    change either through the Department's website or by
22    contacting the Department's licensure maintenance unit.
24    (225 ILCS 70/5)  (from Ch. 111, par. 3655)



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1    (Section scheduled to be repealed on January 1, 2028)
2    Sec. 5. Board.
3    (a) The Secretary shall appoint a There is hereby created
4the Nursing Home Administrators Licensing and Disciplinary
5Board. The Board shall consist of 7 members who shall serve in
6an advisory capacity to the Secretary appointed by the
7Governor. All shall be residents of the State of Illinois. Two
8members shall be representatives of the general public. Five
9members shall be nursing home administrators who for at least 5
10years prior to their appointments were licensed under this Act.
11The public members shall have no responsibility for management
12or formation of policy of, nor any financial interest in,
13nursing homes as defined in this Act, nor any other connection
14with the profession. In appointing licensed nursing home
15administrators, the Secretary Governor shall take into
16consideration the recommendations of the nursing home
17professional associations.
18    (b) Members shall be appointed for a term of 4 years by the
19Secretary Governor. The Secretary Governor shall fill any
20vacancy for the remainder of the unexpired term. Any member of
21the Board may be removed by the Secretary Governor for cause.
22Each member shall serve on the Board until his or her successor
23is appointed and qualified. No member of the Board shall serve
24more than 2 consecutive 4-year 4 year terms.
25    In making appointments the Secretary Governor shall
26attempt to insure that the various geographic regions of the



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1State of Illinois are properly represented.
2    (c) The Board shall annually elect one of its members as
3chairperson and one as vice chairperson. No officer shall be
4elected more than twice in succession to the same office. Each
5officer shall serve until his or her successor has been elected
6and qualified.
7    (d) A majority of the Board members currently appointed
8shall constitute a quorum. A vacancy in the membership of the
9Board shall not impair the right of a quorum to exercise all
10the rights and perform all the duties of the Board.
11    (e) Members of the Board shall be reimbursed for all
12legitimate, necessary, and authorized expenses. Each member
13and member-officer of the Board may receive a per diem stipend
14as the Secretary shall determine. Each member shall be paid
15their necessary expenses while engaged in the performance of
16his or her duties.
17    (f) (Blank).
18    (g) (Blank).
19    (h) Members of the Board shall have no liability be immune
20from suit in an any action based upon a any disciplinary
21proceeding proceedings or other activity acts performed in good
22faith as a member members of the Board.
23    (i) (Blank).
24    (j) (Blank). The Secretary shall give due consideration to
25all recommendations of the Board. If the Secretary disagrees
26with or takes action contrary to the recommendation of the



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1Board, he or she shall provide the Board with a written and
2specific explanation of his or her action.
3(Source: P.A. 95-703, eff. 12-31-07.)
4    (225 ILCS 70/5.1)
5    (Section scheduled to be repealed on January 1, 2028)
6    Sec. 5.1. Powers and duties; rules. The Department shall
7exercise the powers and duties prescribed by the Civil
8Administrative Code of Illinois for administration of
9licensing acts and shall exercise such other powers and duties
10necessary for effectuating the purposes of this Act. The
11Department shall adopt rules to implement, interpret, or make
12specific the provisions and purposes of this Act, and may
13prescribe forms that shall be issued in connection with
14rulemaking. The Department shall transmit the proposed
15rulemaking to the Board.
16    The Department may solicit the advice of the Board on any
17matter relating to the administration and enforcement of this
19    Upon the written request of the Department, the Department
20of Public Health, the Department of Human Services or the
21Department of State Police may cooperate and assist in any
22investigation undertaken by the Board.
23(Source: P.A. 95-703, eff. 12-31-07.)
24    (225 ILCS 70/6)  (from Ch. 111, par. 3656)



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1    (Section scheduled to be repealed on January 1, 2028)
2    Sec. 6. Application procedure. Applications for original
3licenses shall be made to the Department in writing on forms or
4electronically as prescribed by the Department and shall be
5accompanied by the required fee, which shall not be refundable.
6All applications shall contain information that, in the
7judgment of the Department, will enable the Department to pass
8on the qualifications of the applicant for a license as a
9nursing home administrator. The application shall require
10information as in the judgment of the Department will enable
11the Department to pass on the qualifications of the applicant
12for a license.
13    Applicants have 3 years after the date of application to
14complete the application process. If the process has not been
15completed in 3 years, the application shall be denied, the fee
16forfeited, and the applicant must reapply and meet the
17requirements in effect at the time of reapplication.
18(Source: P.A. 95-703, eff. 12-31-07.)
19    (225 ILCS 70/6.5)
20    (Section scheduled to be repealed on January 1, 2028)
21    Sec. 6.5. Social Security Number on license application. In
22addition to any other information required to be contained in
23the application, every application for an original license
24under this Act shall include the applicant's Social Security
25Number, which shall be retained in the agency's records



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1pertaining to the license. As soon as practical, the Department
2shall assign a customer's identification number to each
3applicant for a license.
4    Every application for a renewal or reinstated restored
5license shall require the applicant's customer identification
7(Source: P.A. 97-400, eff. 1-1-12.)
8    (225 ILCS 70/16)  (from Ch. 111, par. 3666)
9    (Section scheduled to be repealed on January 1, 2028)
10    Sec. 16. The Department shall maintain a roster of
11individuals who hold licenses under this Act the names and
12addresses of all licensees and of all persons whose licenses
13have been suspended or revoked. This roster shall be available
14upon written request and payment of the required fee.
15(Source: P.A. 85-932.)
16    (225 ILCS 70/17)  (from Ch. 111, par. 3667)
17    (Section scheduled to be repealed on January 1, 2028)
18    Sec. 17. Grounds for disciplinary action.
19    (a) The Department may impose fines not to exceed $10,000
20or may refuse to issue or to renew a license, or may revoke,
21suspend, place on probation, censure, reprimand, or take other
22disciplinary or non-disciplinary action as the Department
23deems proper, including fines not to exceed $10,000 for each
24violation, with regard to any license issued under the



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1provisions of this Act the license of any person, for any one
2or combination of the following causes:
3        (1) Intentional material misstatement in furnishing
4    information to the Department or any other State agency or
5    in furnishing information to an insurance company with
6    respect to a claim on behalf of a licensee or patient.
7        (2) Conviction of or entry of a plea of guilty or nolo
8    contendere, finding of guilt, jury verdict, or entry of
9    judgment or sentencing, including, but not limited to,
10    convictions, preceding sentences of supervision,
11    conditional discharge, or first offender probation, to any
12    crime that is a felony under the laws of any jurisdiction
13    of the United States that is (i) a felony or (ii) or any
14    state or territory thereof or a misdemeanor, of which an
15    essential element of which is dishonesty or that is
16    directly related to the practice of the profession of
17    nursing home administration.
18        (3) Fraud or Making any misrepresentation in applying
19    for or procuring for the purpose of obtaining a license
20    under this Act or in connection with applying for renewal
21    or restoration of a license under , or violating any
22    provision of this Act.
23        (4) Immoral conduct in the commission of any act, such
24    as sexual abuse or sexual misconduct, related to the
25    licensee's practice.
26        (5) Failing to respond within 60 30 days, to a written



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1    request made by the Department for information.
2        (6) Engaging in dishonorable, unethical, or
3    unprofessional conduct of a character likely to deceive,
4    defraud, or harm the public.
5        (7) Habitual or excessive use or abuse of drugs defined
6    in law as controlled substances, of use or addiction to
7    alcohol, narcotics, stimulants, or any other substances
8    that chemical agent or drug which results in the inability
9    to practice with reasonable judgment, skill, or safety.
10        (8) Adverse action taken Discipline by another U.S.
11    jurisdiction if at least one of the grounds for the
12    discipline is the same or substantially equivalent to those
13    set forth herein.
14        (9) A finding by the Department that the licensee,
15    after having his or her license placed on probationary
16    status, has violated the terms of probation or failed to
17    comply with those terms.
18        (10) Willfully making or filing false records or
19    reports related to the licensee's in his or her practice,
20    including, but not limited to, false records filed with
21    federal or State agencies or departments.
22        (11) Physical illness, mental illness, or other
23    impairment or disability, including, but not limited to,
24    deterioration through the aging process, or loss of motor
25    skill that results in the inability to practice the
26    profession with reasonable judgment, skill or safety.



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1        (12) Disregard or violation of this Act or of any rule
2    issued pursuant to this Act.
3        (13) Aiding or abetting another in the violation of
4    this Act or any rule adopted or regulation issued pursuant
5    to this Act.
6        (14) Allowing one's license to be used by an unlicensed
7    person.
8        (15) (Blank).
9        (16) Professional incompetence in the practice of
10    nursing home administration.
11        (17) Conviction of a violation of Section 12-19 or
12    subsection (a) of Section 12-4.4a of the Criminal Code of
13    1961 or the Criminal Code of 2012 for the abuse and
14    criminal neglect of a long term care facility resident.
15        (18) Violation of the Nursing Home Care Act, the
16    Specialized Mental Health Rehabilitation Act of 2013, the
17    ID/DD Community Care Act, or the MC/DD Act or of any rule
18    issued under the Nursing Home Care Act, the Specialized
19    Mental Health Rehabilitation Act of 2013, the ID/DD
20    Community Care Act, or the MC/DD Act. A final adjudication
21    of a Type "AA" violation of the Nursing Home Care Act made
22    by the Illinois Department of Public Health, as identified
23    by rule, relating to the hiring, training, planning,
24    organizing, directing, or supervising the operation of a
25    nursing home and a licensee's failure to comply with this
26    Act or the rules adopted under this Act, shall create a



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1    rebuttable presumption of a violation of this subsection.
2        (19) Failure to report to the Department any adverse
3    final action taken against the licensee by a licensing
4    authority of another state, territory of the United States,
5    or foreign country; or by any governmental or law
6    enforcement agency; or by any court for acts or conduct
7    similar to acts or conduct that would constitute grounds
8    for disciplinary action under this Section.
9        (20) Failure to report to the Department the surrender
10    of a license or authorization to practice as a nursing home
11    administrator in another state or jurisdiction for acts or
12    conduct similar to acts or conduct that would constitute
13    grounds for disciplinary action under this Section.
14        (21) Failure to report to the Department any adverse
15    judgment, settlement, or award arising from a liability
16    claim related to acts or conduct similar to acts or conduct
17    that would constitute grounds for disciplinary action
18    under this Section.
19        (22) Failure to submit any required report under
20    Section 80-10 of the Nurse Practice Act.
21        (23) Willfully failing to report an instance of
22    suspected abuse, neglect, financial exploitation, or
23    self-neglect of an eligible adult as defined in and
24    required by the Adult Protective Services Act.
25        (24) Being named as an abuser in a verified report by
26    the Department on Aging under the Adult Protective Services



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1    Act and upon proof by clear and convincing evidence that
2    the licensee abused, neglected, or financially exploited
3    an eligible adult as defined in the Adult Protective
4    Services Act.
5    All proceedings to suspend, revoke, place on probationary
6status, or take any other disciplinary action as the Department
7may deem proper, with regard to a license on any of the
8foregoing grounds, must be commenced within 5 years next after
9receipt by the Department of (i) a complaint alleging the
10commission of or notice of the conviction order for any of the
11acts described herein or (ii) a referral for investigation
12under Section 3-108 of the Nursing Home Care Act.
13    The entry of an order or judgment by any circuit court
14establishing that any person holding a license under this Act
15is a person in need of mental treatment operates as a
16suspension of that license. That person may resume their
17practice only upon the entry of a Department order based upon a
18finding by the Board that they have been determined to be
19recovered from mental illness by the court and upon the Board's
20recommendation that they be permitted to resume their practice.
21    The Department, upon the recommendation of the Board, may
22adopt rules which set forth standards to be used in determining
23what constitutes:
24        (i) when a person will be deemed sufficiently
25    rehabilitated to warrant the public trust;
26        (ii) dishonorable, unethical or unprofessional conduct



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1    of a character likely to deceive, defraud, or harm the
2    public;
3        (iii) immoral conduct in the commission of any act
4    related to the licensee's practice; and
5        (iv) professional incompetence in the practice of
6    nursing home administration.
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 Department or Board, upon a
11showing of a possible violation, may compel any individual
12licensed to practice under this Act, or who has applied for
13licensure pursuant to this Act, to submit to a mental or
14physical examination, or both, as required by and at the
15expense of the Department. The examining physician or
16physicians shall be those specifically designated by the
17Department or Board. The Department or Board may order the
18examining physician to present testimony concerning this
19mental or physical examination of the licensee or applicant. No
20information shall be excluded by reason of any common law or
21statutory privilege relating to communications between the
22licensee or applicant and the examining physician. The
23individual to be examined may have, at his or her own expense,
24another physician of his or her choice present during all
25aspects of the examination. Failure of any individual to submit
26to mental or physical examination, when directed, shall be



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1grounds for suspension of his or her license until such time as
2the individual submits to the examination if the Department
3finds, after notice and hearing, that the refusal to submit to
4the examination was without reasonable cause.
5    If the Department or Board finds an individual unable to
6practice because of the reasons set forth in this Section, the
7Department or Board shall require such individual to submit to
8care, counseling, or treatment by physicians approved or
9designated by the Department or Board, as a condition, term, or
10restriction for continued, reinstated, or renewed licensure to
11practice; or in lieu of care, counseling, or treatment, the
12Department may file, or the Board may recommend to the
13Department to file, a complaint to immediately suspend, revoke,
14or otherwise discipline the license of the individual. Any
15individual whose license was granted pursuant to this Act or
16continued, reinstated, renewed, disciplined or supervised,
17subject to such terms, conditions or restrictions who shall
18fail to comply with such terms, conditions or restrictions
19shall be referred to the Secretary for a determination as to
20whether the licensee shall have his or her license suspended
21immediately, pending a hearing by the Department. In instances
22in which the Secretary immediately suspends a license under
23this Section, a hearing upon such person's license must be
24convened by the Board within 30 days after such suspension and
25completed without appreciable delay. The Department and Board
26shall have the authority to review the subject administrator's



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1record of treatment and counseling regarding the impairment, to
2the extent permitted by applicable federal statutes and
3regulations safeguarding the confidentiality of medical
5    An individual licensed under this Act, affected under this
6Section, shall be afforded an opportunity to demonstrate to the
7Department or Board that he or she can resume practice in
8compliance with acceptable and prevailing standards under the
9provisions of his or her license.
10    (b) Any individual or organization acting in good faith,
11and not in a willful wilful and wanton manner, in complying
12with this Act by providing any report or other information to
13the Department, or assisting in the investigation or
14preparation of such information, or by participating in
15proceedings of the Department, or by serving as a member of the
16Board, shall not, as a result of such actions, be subject to
17criminal prosecution or civil damages.
18    (c) Members of the Board, and persons retained under
19contract to assist and advise in an investigation, shall be
20indemnified by the State for any actions occurring within the
21scope of services on or for the Board, done in good faith and
22not willful wilful and wanton in nature. The Attorney General
23shall defend all such actions unless he or she determines
24either that there would be a conflict of interest in such
25representation or that the actions complained of were not in
26good faith or were willful wilful and wanton.



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1    Should the Attorney General decline representation, a
2person entitled to indemnification under this Section shall
3have the right to employ counsel of his or her choice, whose
4fees shall be provided by the State, after approval by the
5Attorney General, unless there is a determination by a court
6that the member's actions were not in good faith or were
7willful wilful and wanton.
8    A person entitled to indemnification under this Section
9must notify the Attorney General within 7 days of receipt of
10notice of the initiation of any action involving services of
11the Board. Failure to so notify the Attorney General shall
12constitute an absolute waiver of the right to a defense and
14    The Attorney General shall determine within 7 days after
15receiving such notice, whether he or she will undertake to
16represent a person entitled to indemnification under this
18    (d) The determination by a circuit court that a licensee is
19subject to involuntary admission or judicial admission as
20provided in the Mental Health and Developmental Disabilities
21Code, as amended, operates as an automatic suspension. Such
22suspension will end only upon a finding by a court that the
23patient is no longer subject to involuntary admission or
24judicial admission and issues an order so finding and
25discharging the patient; and upon the recommendation of the
26Board to the Secretary that the licensee be allowed to resume



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1his or her practice.
2    (e) The Department shall may refuse to issue or may suspend
3the license of any person who fails to file a return, or to pay
4the tax, penalty or interest shown in a filed return, or to pay
5any final assessment of tax, penalty or interest, as required
6by any tax Act administered by the Department of Revenue, until
7such time as the requirements of any such tax Act are
9    (f) The Department of Public Health shall transmit to the
10Department a list of those facilities which receive an "A"
11violation as defined in Section 1-129 of the Nursing Home Care
13(Source: P.A. 98-104, eff. 7-22-13; 98-990, eff. 8-18-14;
1499-180, eff. 7-29-15.)
15    (225 ILCS 70/17.1)
16    (Section scheduled to be repealed on January 1, 2028)
17    Sec. 17.1. Reports of violations of Act or other conduct.
18    (a) The owner or licensee of a long term care facility
19licensed under the Nursing Home Care Act who employs or
20contracts with a licensee under this Act shall report to the
21Department any instance of which he or she has knowledge
22arising in connection with operations of the health care
23institution, including the administration of any law by the
24institution, in which a licensee under this Act has either
25committed an act or acts which may constitute a violation of



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1this Act or unprofessional conduct related directly to patient
2care, or which may indicate that the licensee may have a mental
3or physical disability that may endanger patients under that
4licensee's care. Additionally, every nursing home shall report
5to the Department any instance when a licensee is terminated
6for cause which would constitute a violation of this Act. The
7Department may take disciplinary or non-disciplinary action if
8the termination is based upon unprofessional conduct related to
9planning, organizing, directing, or supervising the operation
10of a nursing home as defined by this Act or other conduct by
11the licensee that would be a violation of this Act or rules.
12    For the purposes of this subsection, "owner" does not mean
13the owner of the real estate or physical plant who does not
14hold management or operational control of the licensed long
15term care facility.
16    (b) Any insurance company that offers policies of
17professional liability insurance to licensees, or any other
18entity that seeks to indemnify the professional liability of a
19licensee, shall report the settlement of any claim or adverse
20final judgment rendered in any action that alleged negligence
21in planning, organizing, directing, or supervising the
22operation of a nursing home by the licensee.
23    (c) The State's Attorney of each county shall report to the
24Department each instance in which a licensee is convicted of or
25enters a plea of guilty or nolo contendere to any crime that is
26a felony, or of which an essential element is dishonesty, or



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1that is directly related to the practice of the profession of
2nursing home administration.
3    (d) Any agency, board, commission, department, or other
4instrumentality of the government of the State of Illinois
5shall report to the Department any instance arising in
6connection with the operations of the agency, including the
7administration of any law by the agency, in which a licensee
8under this Act has either committed an act or acts which may
9constitute a violation of this Act or unprofessional conduct
10related directly to planning, organizing, directing or
11supervising the operation of a nursing home, or which may
12indicate that a licensee may have a mental or physical
13disability that may endanger others.
14    (e) All reports required by items (19), (20), and (21) of
15subsection (a) of Section 17 and by this Section 17.1 shall be
16submitted to the Department in a timely fashion. The reports
17shall be filed in writing within 60 days after a determination
18that a report is required under this Section. All reports shall
19contain the following information:
20        (1) The name, address, and telephone number of the
21    person making the report.
22        (2) The name, address, and telephone number of the
23    person who is the subject of the report.
24        (3) The name and date of birth of any person or persons
25    whose treatment is a subject of the report, or other means
26    of identification if that information is not available, and



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1    identification of the nursing home facility where the care
2    at issue in the report was rendered.
3        (4) A brief description of the facts which gave rise to
4    the issuance of the report, including the dates of any
5    occurrences deemed to necessitate the filing of the report.
6        (5) If court action is involved, the identity of the
7    court in which the action is filed, along with the docket
8    number and the date the action was filed.
9        (6) Any further pertinent information that the
10    reporting party deems to be an aid in evaluating the
11    report.
12    If the Department receives a written report concerning an
13incident required to be reported under item (19), (20), or (21)
14of subsection (a) of Section 17, then the licensee's failure to
15report the incident to the Department within 60 days may not be
16the sole ground for any disciplinary action against the
18    (f) Any individual or organization acting in good faith,
19and not in a willful wilful and wanton manner, in complying
20with this Section by providing any report or other information
21to the Department, by assisting in the investigation or
22preparation of such information, by voluntarily reporting to
23the Department information regarding alleged errors or
24negligence by a licensee, or by participating in proceedings of
25the Department, shall not, as a result of such actions, be
26subject to criminal prosecution or civil damages.



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1    (g) Upon the receipt of any report required by this
2Section, the Department shall notify in writing, by certified
3mail, the person who is the subject of the report. The
4notification shall be made within 30 days after the
5Department's receipt of the report.
6    The notification shall include a written notice setting
7forth the person's right to examine the report. The
8notification shall also include the address at which the file
9is maintained, the name of the custodian of the file, and the
10telephone number at which the custodian may be reached. The
11person who is the subject of the report shall submit a written
12statement responding, clarifying, adding to, or proposing the
13amending of the report previously filed. The statement shall
14become a permanent part of the file and must be received by the
15Department no more than 30 days after the date on which the
16person was notified by the Department of the existence of the
17original report.
18    The Department shall review a report received by it,
19together with any supporting information and responding
20statements submitted by the person who is the subject of the
21report. The review by the Department shall be in a timely
22manner, but in no event shall the Department's initial review
23of the material contained in each disciplinary file last less
24than 61 days nor more than 180 days after the receipt of the
25initial report by the Department.
26    When the Department makes its initial review of the



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1materials contained within its disciplinary files, the
2Department shall, in writing, make a determination as to
3whether there are sufficient facts to warrant further
4investigation or action. Failure to make such a determination
5within the time provided shall be deemed to be a determination
6that there are not sufficient facts to warrant further
7investigation or action. The Department shall notify the person
8who is the subject of the report of any final action on the
10    (h) A violation of this Section is a Class A misdemeanor.
11    (i) If any person or entity violates this Section, then an
12action may be brought in the name of the People of the State of
13Illinois, through the Attorney General of the State of
14Illinois, for an order enjoining the violation or for an order
15enforcing compliance with this Section. Upon filing of a
16verified petition in the court, the court may issue a temporary
17restraining order without notice or bond and may preliminarily
18or permanently enjoin the violation. If it is established that
19the person or entity has violated or is violating the
20injunction, the court may punish the offender for contempt of
21court. Proceedings under this subsection (i) shall be in
22addition to, and not in lieu of, all other remedies and
23penalties provided for by this Section.
24(Source: P.A. 99-143, eff. 7-27-15.)
25    (225 ILCS 70/19)  (from Ch. 111, par. 3669)



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1    (Section scheduled to be repealed on January 1, 2028)
2    Sec. 19. Investigation; notice and hearing. hearing
4    (a) The Department may investigate the actions of any
5applicant or of any person holding or claiming to hold a
6license under this Act.
7    (b) The Department shall, before disciplining an applicant
8or licensee, at least 30 days prior to the date set for the
9hearing: (i) notify, in writing, the accused of the charges
10made and the time and place for the hearing on the charges,
11(ii) direct him or her to file a written answer to the charges
12under oath within 20 days after service of the notice, and
13(iii) inform the applicant or licensee that failure to file an
14answer will result in a default being entered against the
15applicant or licensee.
16    (c) Written or electronic notice, and any notice in the
17subsequent proceeding, may be served by personal delivery, by
18email, or by mail to the applicant or licensee at his or her
19address of record or email address of record.
20    (d) At the time and place fixed in the notice, the Board or
21hearing officer appointed by the Secretary shall proceed to
22hear the charges and the parties or their counsel shall be
23accorded ample opportunity to present any statement,
24testimony, evidence, and argument as may be pertinent to the
25charges or to their defense. The Board or hearing officer may
26continue the hearing from time to time.



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1    (e) In case the person, after receiving the notice, fails
2to file an answer, his or her license may, in the discretion of
3the Secretary, having first received the recommendation of the
4Board, be suspended, revoked, or placed on probationary status,
5or be subject to whatever disciplinary action the Secretary
6considers proper, including limiting the scope, nature, or
7extent of the person's practice or the imposition of a fine,
8without hearing, if the act or acts charged constitute
9sufficient grounds for that action under this Act.
10Upon the motion of either the Department or the Board or upon
11the verified complaint in writing of any person setting forth
12facts that, if proven, would constitute grounds for suspension
13or revocation under Section 17 of this Act, the Department
14shall investigate the actions of any person, so accused, who
15holds or represents that he or she holds a license. Such a
16person is hereinafter called the accused.
17    The Department shall, before suspending, revoking, placing
18on probationary status, or taking any other disciplinary action
19as the Department may deem proper with regard to any license at
20least 30 days prior to the date set for the hearing, notify the
21accused in writing of any charges made and the time and place
22for a hearing of the charges before the Board, direct them to
23file their written answer to such notice to the Board under
24oath within 30 days after the service on them of such notice
25and inform them that if they fail to file such answer default
26will be taken against them and their license may be suspended,



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1revoked, placed on probationary status, or have other
2disciplinary action, including limiting the scope, nature or
3extent of their practice, as the Department may deem proper
4taken with regard thereto.
5    Written notice may be served by personal delivery or by
6registered or certified mail to the applicant or licensee at
7his or her last address of record with the Department.
8(Source: P.A. 95-703, eff. 12-31-07.)
9    (225 ILCS 70/20.1)
10    (Section scheduled to be repealed on January 1, 2028)
11    Sec. 20.1. Summary suspension. The Secretary may summarily
12suspend the license of a nursing home administrator without a
13hearing, simultaneously with the institution of proceedings
14for a hearing provided under this Act if the Secretary finds
15that evidence in his or her possession indicates that a
16licensee's an administrator's continuation in practice would
17constitute an immediate danger to the public. If the Secretary
18summarily suspends the license of an administrator without a
19hearing, a hearing shall be held within 30 calendar days after
20the suspension has occurred.
21(Source: P.A. 95-703, eff. 12-31-07.)
22    (225 ILCS 70/21)  (from Ch. 111, par. 3671)
23    (Section scheduled to be repealed on January 1, 2028)
24    Sec. 21. Appointment of hearing officer. Notwithstanding



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1any other provision of this Act, the The Secretary has shall
2have the authority to appoint an attorney duly licensed to
3practice law in the State of Illinois to serve as the hearing
4officer in any action for refusal to issue or , renew a
5license , or discipline a licensee license. The hearing officer
6shall have full authority to conduct the hearing. The hearing
7officer shall report his or her findings of fact, conclusions
8of law, and recommendations to the Board and to the Secretary.
9The Board shall have 60 days after receipt of the report to
10review the report of the hearing officer and present its
11findings of fact, conclusions of law, and recommendations to
12the Secretary. If the Board fails to present its report to the
13Secretary within the 60 day period, the respondent may request
14in writing a direct appeal to the Secretary, in which case the
15Secretary shall, within 7 calendar days after the request,
16issue an order directing the Board to issue its findings of
17fact, conclusions of law, and recommendations to the Secretary
18within 30 calendar days after such order. If the Board fails to
19issue its findings of fact, conclusions of law, and
20recommendations within that time frame to the Secretary after
21the entry of such order, the Secretary shall, within 30
22calendar days thereafter, issue an order based upon the report
23of the hearing officer and the record of the proceedings or
24issue an order remanding the matter back to the hearing officer
25for additional proceedings in accordance with the order. If (i)
26a direct appeal is requested, (ii) the Board fails to issue its



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1findings of fact, conclusions of law, and recommendations
2within the 30-day mandate from the Secretary or the Secretary
3fails to order the Board to do so, and (iii) the Secretary
4fails to issue an order within 30 calendar days thereafter,
5then the hearing officer's report is deemed accepted and a
6final decision of the Secretary. Notwithstanding any other
7provision of this Section, if the Secretary, upon review,
8determines that substantial justice has not been done in the
9revocation, suspension, or refusal to issue or renew a license
10or other disciplinary action taken as the result of the entry
11of the hearing officer's report, the Secretary may order a
12rehearing by the same or other examiners. If the Secretary
13disagrees with the recommendation of the Board or the hearing
14officer, the Secretary may issue an order in contravention of
15the Board's report. The Secretary shall promptly provide a
16written explanation to the Board on any such disagreement.
17(Source: P.A. 95-703, eff. 12-31-07.)
18    (225 ILCS 70/23)  (from Ch. 111, par. 3673)
19    (Section scheduled to be repealed on January 1, 2028)
20    Sec. 23. Record of proceedings; transcript. The
21Department, at its expense, shall preserve a record of all
22proceedings at the any formal hearing of any case. The notice
23of hearing, complaint, all other documents in the nature of
24pleadings, and written motions filed in the proceedings, the
25transcript of testimony, the report of the Board, and the



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1orders of the Department shall be the record of the
2proceedings. The Department shall furnish a transcript of the
3record to any person interested in such hearing upon payment of
4the fee required under Section 2105-115 of the Department of
5Professional Regulation Law (20 ILCS 2105/2105-115).
6(Source: P.A. 90-61, eff. 12-30-97; 91-239, eff. 1-1-00.)
7    (225 ILCS 70/24)  (from Ch. 111, par. 3674)
8    (Section scheduled to be repealed on January 1, 2028)
9    Sec. 24. Hearing; motion Motion for rehearing.
10    (a) The Board or the hearing officer appointed by the
11Secretary shall hear evidence in support of the formal charges
12and evidence produced by the licensee. At the conclusion of the
13hearing, the The Board or the hearing officer shall present to
14the Secretary a written report of its findings of fact,
15conclusions of law, and recommendations. If the Board fails to
16present its report, the applicant or licensee may request in
17writing a direct appeal to the Secretary, in which case the
18Secretary may issue an order based upon the report of the
19hearing officer and the record of the proceedings or issue an
20order remanding the matter back to the hearing officer for
21additional proceedings in accordance with the order.
22    (b) At the conclusion of the hearing, a A copy of the
23Board's or hearing officer's such report shall be served upon
24the applicant or licensee accused person, either personally or
25as provided in this Act for the service of the notice of



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1hearing by certified mail. Within 20 days after such service,
2the applicant or licensee accused person may present to the
3Department a motion, in writing, for a rehearing that , which
4shall specify the particular grounds for rehearing. The
5Department may respond to the motion for rehearing within 20
6calendar days after its service on the Department. If no motion
7for a rehearing is filed, then upon the expiration of the time
8specified for filing such a motion, or upon denial of a motion
9for rehearing, the Secretary may enter an order in accordance
10with recommendations of the Board or hearing officer. If the
11applicant or licensee If the accused person orders from the
12reporting service and pays for a transcript of the record
13within the time for filing a motion for rehearing, the 20-day
14period within which a motion may be filed shall commence upon
15delivery of the transcript to the applicant or licensee as
16provided in Section 23, the time elapsing thereafter and before
17such transcript is ready for delivery to them shall not be
18counted as part of such 30 days.
19    (c) If the Secretary disagrees in any regard with the
20report of the Board or hearing officer, the Secretary may issue
21an order contrary to the report.
22    (d) Whenever the Secretary is not satisfied that
23substantial justice has been done, the Secretary may order a
24rehearing by the same or another hearing officer.
25    (e) At any point in any investigation or disciplinary
26proceeding provided for in this Act, both parties may agree to



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1a negotiated consent order. The consent order shall be final
2upon signature of the Secretary.
3(Source: P.A. 95-703, eff. 12-31-07.)
4    (225 ILCS 70/25)  (from Ch. 111, par. 3675)
5    (Section scheduled to be repealed on January 1, 2028)
6    Sec. 25. Administrative review; certification of record.
7    (a) All final administrative decisions of the Department
8are subject to judicial review pursuant to the Administrative
9Review Law and all its rules adopted pursuant thereto. The term
10"administrative decision" is defined as in Section 3-101 of the
11Code of Civil Procedure.
12    (b) Proceedings for judicial review shall be commenced in
13the circuit court of the county in which the party applying for
14review resides; but if the party is not a resident of this
15State, the venue shall be in Sangamon County.
16    (c) The Department shall not be required to certify any
17record to the court or file any answer in court or to otherwise
18appear in any court in a judicial review proceeding, unless and
19until the Department has received from the plaintiff there is
20filed in the court, with the complaint, a receipt from the
21Department acknowledging payment of the costs of furnishing and
22certifying the record, which costs shall be determined by the
23Department. Exhibits shall be certified without cost. Failure
24on the part of the plaintiff to file a receipt in court shall
25be grounds for dismissal of the action. During the pendency and



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1hearing of any and all judicial proceedings incident to a
2disciplinary action the sanctions imposed upon the accused by
3the Department shall remain in full force and effect.
4(Source: P.A. 87-1031.)
5    (225 ILCS 70/26.5 new)
6    Sec. 26.5. Confidentiality. All information collected by
7the Department in the course of an examination or investigation
8of a licensee or applicant, including, but not limited to, any
9complaint against a licensee filed with the Department and
10information collected to investigate any such complaint, shall
11be maintained for the confidential use of the Department and
12shall not be disclosed. The Department shall not disclose the
13information to anyone other than law enforcement officials,
14other regulatory agencies that have an appropriate regulatory
15interest as determined by the Secretary, or a party presenting
16a lawful subpoena to the Department. Information and documents
17disclosed to a federal, State, county, or local law enforcement
18agency shall not be disclosed by the agency for any purpose to
19any other agency or person. A formal complaint filed against a
20licensee by the Department or any order issued by the
21Department against a licensee or applicant shall be a public
22record, except as otherwise prohibited by law.
23    (225 ILCS 70/32)  (from Ch. 111, par. 3682)
24    (Section scheduled to be repealed on January 1, 2028)



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1    Sec. 32. Restoration.At any time after the successful
2completion of a term of probation, suspension, or revocation of
3any license under this Act, the Department may, upon the
4recommendation of the Board, restore the license to the
5licensee upon the written recommendation of the Board it to the
6accused person, unless after an investigation and a hearing,
7the Board or Department determines upon the recommendation of
8the Board that restoration is not in the public interest. Where
9circumstances of suspension or revocation so indicate, the
10Department may require an examination of the licensee prior to
11restoring his or her license. No person whose license has been
12revoked as authorized in this Act may apply for restoration of
13that license or permit until such time as provided for in the
14Department of Professional Regulation Law of the Civil
15Administrative Code of Illinois.
16(Source: P.A. 85-932.)
17    (225 ILCS 70/33)  (from Ch. 111, par. 3683)
18    (Section scheduled to be repealed on January 1, 2028)
19    Sec. 33. Surrender of license. Upon the revocation or
20suspension of any license, the licensee shall immediately
21forthwith surrender the license to the Department and if the
22licensee fails to do so, the Department shall have the right to
23seize the license.
24(Source: P.A. 85-932.)



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1    (225 ILCS 70/35)  (from Ch. 111, par. 3685)
2    (Section scheduled to be repealed on January 1, 2028)
3    Sec. 35. Illinois Administrative Procedure Act. The
4Illinois Administrative Procedure Act is hereby expressly
5adopted and incorporated herein as if all of the provisions of
6that Act were included in this Act, except that the provision
7of subsection (d) of Section 10-65 of the Illinois
8Administrative Procedure Act that provides that at hearings the
9licensee has the right to show compliance with all lawful
10requirements for retention, continuation or renewal of the
11license is specifically excluded. For the purpose of this Act
12the notice required under Section 10-25 of the Administrative
13Procedure Act is deemed sufficient when mailed to the last
14known address of a party.
15(Source: P.A. 88-45.)
16    (225 ILCS 70/20 rep.)
17    (225 ILCS 70/24.1 rep.)
18    (225 ILCS 70/28 rep.)
19    (225 ILCS 70/31 rep.)
20    Section 15. The Nursing Home Administrators Licensing and
21Disciplinary Act is amended by repealing Sections 20, 24.1, 28,
22and 31.
23    Section 99. Effective date. This Act takes effect upon
24becoming law.



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2 Statutes amended in order of appearance
3    225 ILCS 70/4from Ch. 111, par. 3654
4    225 ILCS 70/4.5 new
5    225 ILCS 70/5from Ch. 111, par. 3655
6    225 ILCS 70/5.1
7    225 ILCS 70/6from Ch. 111, par. 3656
8    225 ILCS 70/6.5
9    225 ILCS 70/16from Ch. 111, par. 3666
10    225 ILCS 70/17from Ch. 111, par. 3667
11    225 ILCS 70/17.1
12    225 ILCS 70/19from Ch. 111, par. 3669
13    225 ILCS 70/20.1
14    225 ILCS 70/21from Ch. 111, par. 3671
15    225 ILCS 70/23from Ch. 111, par. 3673
16    225 ILCS 70/24from Ch. 111, par. 3674
17    225 ILCS 70/25from Ch. 111, par. 3675
18    225 ILCS 70/26.5 new
19    225 ILCS 70/32from Ch. 111, par. 3682
20    225 ILCS 70/33from Ch. 111, par. 3683
21    225 ILCS 70/35from Ch. 111, par. 3685
22    225 ILCS 70/20 rep.
23    225 ILCS 70/24.1 rep.
24    225 ILCS 70/28 rep.
25    225 ILCS 70/31 rep.