Full Text of HB3845 96th General Assembly
HB3845eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Nursing Home Care Act is amended by changing | 5 |
| Section 3-206 as follows:
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| (210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
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| Sec. 3-206.
The Department shall prescribe a curriculum for | 8 |
| training
nursing assistants, habilitation aides, and child | 9 |
| care aides.
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| (a) No person, except a volunteer who receives no | 11 |
| compensation from a
facility and is not included for the | 12 |
| purpose of meeting any staffing
requirements set forth by the | 13 |
| Department, shall act as a nursing assistant,
habilitation | 14 |
| aide, or child care aide in a facility, nor shall any person, | 15 |
| under any
other title, not licensed, certified, or registered | 16 |
| to render medical care
by the Department of Professional | 17 |
| Regulation, assist with the
personal, medical, or nursing care | 18 |
| of residents in a facility, unless such
person meets the | 19 |
| following requirements:
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| (1) Be at least 16 years of age, of temperate habits | 21 |
| and good moral
character, honest, reliable and | 22 |
| trustworthy;
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| (2) Be able to speak and understand the English |
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| language or a language
understood by a substantial | 2 |
| percentage of the facility's residents;
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| (3) Provide evidence of employment or occupation, if | 4 |
| any, and residence
for 2 years prior to his present | 5 |
| employment;
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| (4) Have completed at least 8 years of grade school or | 7 |
| provide proof of
equivalent knowledge;
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| (5) Begin a current course of training for nursing | 9 |
| assistants,
habilitation aides, or child care aides, | 10 |
| approved by the Department, within 45 days of initial
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| employment in the capacity of a nursing assistant, | 12 |
| habilitation aide, or
child care aide
at any facility. Such | 13 |
| courses of training shall be successfully completed
within | 14 |
| 120 days of initial employment in the capacity of nursing | 15 |
| assistant,
habilitation aide, or child care aide at a | 16 |
| facility. Nursing assistants, habilitation
aides, and | 17 |
| child care aides who are enrolled in approved courses in | 18 |
| community
colleges or other educational institutions on a | 19 |
| term, semester or trimester
basis, shall be exempt from the | 20 |
| 120 day completion time limit. The
Department shall adopt | 21 |
| rules for such courses of training.
These rules shall | 22 |
| include procedures for facilities to
carry on an approved | 23 |
| course of training within the facility.
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| The Department may accept comparable training in lieu | 25 |
| of the 120 hour
course for student nurses, foreign nurses, | 26 |
| military personnel, or employes of
the Department of Human |
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| Services.
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| The facility shall develop and implement procedures, | 3 |
| which shall be
approved by the Department, for an ongoing | 4 |
| review process, which shall take
place within the facility, | 5 |
| for nursing assistants, habilitation aides, and
child care | 6 |
| aides.
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| At the time of each regularly scheduled licensure | 8 |
| survey, or at the time
of a complaint investigation, the | 9 |
| Department may require any nursing
assistant, habilitation | 10 |
| aide, or child care aide to demonstrate, either through | 11 |
| written
examination or action, or both, sufficient | 12 |
| knowledge in all areas of
required training. If such | 13 |
| knowledge is inadequate the Department shall
require the | 14 |
| nursing assistant, habilitation aide, or child care aide to | 15 |
| complete inservice
training and review in the facility | 16 |
| until the nursing assistant, habilitation
aide, or child | 17 |
| care aide demonstrates to the Department, either through | 18 |
| written
examination or action, or both, sufficient | 19 |
| knowledge in all areas of
required training; and
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| (6) Be familiar with and have general skills related to | 21 |
| resident care.
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| (a-0.5) An educational entity, other than a secondary | 23 |
| school, conducting a
nursing assistant, habilitation aide, or | 24 |
| child care aide
training program
shall initiate a UCIA criminal | 25 |
| history record check prior to entry of an
individual into the | 26 |
| training program.
A secondary school may initiate a UCIA |
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| criminal history record check prior to
the entry of an | 2 |
| individual into a training program.
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| (a-1) Nursing assistants, habilitation aides, or child | 4 |
| care aides seeking to be included on the registry on or
after | 5 |
| January 1, 1996 must authorize the Department of Public Health | 6 |
| or its
designee that tests nursing assistants
to request a UCIA | 7 |
| criminal history check and submit all necessary
information.
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| (b) Persons subject to this Section shall perform their | 9 |
| duties under the
supervision of a nurse.
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| (c) It is unlawful for any facility to employ any person in | 11 |
| the capacity
of nursing assistant, habilitation aide, or child | 12 |
| care aide, or under any other title, not
licensed by the State | 13 |
| of Illinois to assist in the personal, medical, or
nursing care | 14 |
| of residents in such facility unless such person has complied
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| with this Section.
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| (d) Proof of compliance by each employee with the | 17 |
| requirements set out
in this Section shall be maintained for | 18 |
| each such employee by each facility
in the individual personnel | 19 |
| folder of the employee.
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| (e) Each facility shall certify to the Department on a form | 21 |
| provided by
the Department the name and residence address of | 22 |
| each employee, and that
each employee subject to this Section | 23 |
| meets all the requirements of this
Section.
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| (f) Any facility that is operated under Section 3-803 shall | 25 |
| be
exempt
from the requirements of this Section.
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| (g) Each skilled nursing and intermediate care facility |
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| that
admits
persons who are diagnosed as having Alzheimer's | 2 |
| disease or related
dementias shall require all nursing | 3 |
| assistants, habilitation aides, or child
care aides, who did | 4 |
| not receive 12 hours of training in the care and
treatment of | 5 |
| such residents during the training required under paragraph
(5) | 6 |
| of subsection (a), to obtain 12 hours of in-house training in | 7 |
| the care
and treatment of such residents. If the facility does | 8 |
| not provide the
training in-house, the training shall be | 9 |
| obtained from other facilities,
community colleges or other | 10 |
| educational institutions that have a
recognized course for such | 11 |
| training. The Department shall, by rule,
establish a recognized | 12 |
| course for such training. The Department's rules shall provide | 13 |
| that such
training may be conducted in-house at each facility | 14 |
| subject to the
requirements of this subsection, in which case | 15 |
| such training shall be
monitored by the Department.
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| The Department's rules shall also provide for | 17 |
| circumstances and procedures
whereby any person who has | 18 |
| received training that meets
the
requirements of this | 19 |
| subsection shall not be required to undergo additional
training | 20 |
| if he or she is transferred to or obtains employment at a
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| different facility but remains continuously employed as a | 22 |
| nursing assistant,
habilitation aide, or child care aide. | 23 |
| Licensed sheltered care facilities
shall be
exempt from the | 24 |
| requirements of this Section.
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| (h) Upon the effective date of this amendatory Act of the | 26 |
| 96th General Assembly, all rulemaking authority relating to |
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| nursing assistants, habilitation aides, and child care aides | 2 |
| under this Section, Section 3-206.02, and Section 3-206.04 of | 3 |
| this Act is transferred to the Board of Nursing, established | 4 |
| under Section 50-65 of the Nurse Practice Act. Upon transfer, | 5 |
| the rules established pursuant to these Sections by the | 6 |
| Illinois Department of Public Health shall continue in effect | 7 |
| as the rules of the Board of Nursing until amended or repealed | 8 |
| by the Board of Nursing. The Illinois Department of Public | 9 |
| Health shall continue to administer these rules until July 1, | 10 |
| 2010 and then the Department of Financial and Professional | 11 |
| Regulation shall have the responsibility of administering the | 12 |
| rules relating to nursing assistants, habilitation aides, and | 13 |
| child care aides that are promulgated pursuant to this Section, | 14 |
| Section 3-206.02, and Section 3-206.04 of this Act. | 15 |
| (Source: P.A. 91-598, eff. 1-1-00.)
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| Section 10. The Nurse Practice Act is amended by changing | 17 |
| Sections 50-55 and 50-65 as follows:
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| (225 ILCS 65/50-55)
(was 225 ILCS 65/10-10)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 50-55. Department powers and duties.
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| (a) The Department shall exercise the powers and duties
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| prescribed by the Civil Administrative Code of Illinois for | 23 |
| administration
of licensing acts and shall exercise other | 24 |
| powers and duties necessary
for effectuating the purpose of |
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| this Act. None of the functions, powers, or
duties of the | 2 |
| Department with respect to licensure and examination shall
be | 3 |
| exercised by the Department except upon review by the Board.
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| The
Department shall adopt rules to implement, interpret, or | 5 |
| make specific
the provisions and purposes of this Act; however | 6 |
| no such rules shall
be adopted by the Department except upon | 7 |
| review by the Board.
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| (b) The Department shall prepare and maintain a list of | 9 |
| approved programs of professional
nursing education and | 10 |
| programs of practical nursing education in this
State, whose | 11 |
| graduates, if they have the other necessary qualifications
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| provided in this Act, shall be eligible to apply for a license | 13 |
| to practice
nursing in this State.
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| (c) The Department may act upon the recommendations of the | 15 |
| Center for Nursing Advisory Board.
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| (d) On July 1, 2010, the Department shall have the | 17 |
| responsibility of administering the rules relating to nursing | 18 |
| assistants, habilitation aides, and child care aides | 19 |
| promulgated pursuant to Sections 3-206, 3-206.02, and 3-206.04 | 20 |
| of the Nursing Home Care Act. | 21 |
| (Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)
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| (225 ILCS 65/50-65)
(was 225 ILCS 65/10-25)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 50-65. Board.
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| (a) The term of each member of the Board of Nursing and the |
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| Advanced Practice Nursing Board serving before the effective | 2 |
| date of this amendatory Act of the 95th General Assembly shall | 3 |
| terminate on the effective date of this amendatory Act of the | 4 |
| 95th General Assembly. Beginning on the effective date of this | 5 |
| amendatory Act of the 95th General Assembly, the Secretary | 6 |
| shall solicit recommendations from nursing organizations and | 7 |
| appoint the Board of Nursing, which shall consist of 13 | 8 |
| members, one of whom shall be a practical nurse; one of whom | 9 |
| shall be a practical nurse educator; one of whom shall be a | 10 |
| registered professional nurse in practice; one of whom shall be | 11 |
| an associate degree nurse educator; one of whom shall be a | 12 |
| baccalaureate degree nurse educator; one of whom shall be a | 13 |
| nurse who is actively engaged in direct care; one of whom shall | 14 |
| be a registered professional nurse actively engaged in direct | 15 |
| care; one of whom shall be a nursing administrator; 4 of whom | 16 |
| shall be advanced practice nurses representing CNS, CNP, CNM, | 17 |
| and CRNA practice; and one of whom shall be a public member who | 18 |
| is not employed in and has no material interest in any health | 19 |
| care field. The Board shall receive actual and necessary | 20 |
| expenses incurred in the performance of their duties. | 21 |
| Members of the Board of Nursing and the Advanced Practice | 22 |
| Nursing Board whose terms were terminated by this amendatory | 23 |
| Act of the 95th General Assembly shall be considered for | 24 |
| membership positions on the Board. | 25 |
| All nursing members of the Board must be (i) residents of | 26 |
| this State, (ii) licensed in good standing to practice nursing |
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| in this State, (iii) graduates of an approved nursing program, | 2 |
| with a minimum of 5 years experience in the field of nursing, | 3 |
| and (iv) at the time of appointment to the Board, actively | 4 |
| engaged in nursing or work related to nursing. | 5 |
| Membership terms shall be for 3 years, except that in | 6 |
| making initial appointments, the Secretary shall appoint all | 7 |
| members for initial terms of 2, 3, and 4 years and these terms | 8 |
| shall be staggered as follows: 3 shall be appointed for terms | 9 |
| of 2 years; 4 shall be appointed for terms of 3 years; and 6 | 10 |
| shall be appointed for terms of 4 years. No member shall be | 11 |
| appointed to more than 2 consecutive terms. In the case of a | 12 |
| vacated position, an individual may be appointed to serve the | 13 |
| unexpired portion of that term; if the term is less than half | 14 |
| of a full term, the individual is eligible to serve 2 full | 15 |
| terms.
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| The Secretary may remove any member of the Board for
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| misconduct,
incapacity, or neglect of duty. The Secretary shall | 18 |
| reduce to writing any
causes for removal.
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| The Board shall meet annually to elect a chairperson and
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| vice
chairperson. The Board shall hold regularly scheduled | 21 |
| meetings during
the year. A simple majority of the
Board shall | 22 |
| constitute a quorum at any meeting. Any action
taken by
the | 23 |
| Board must be on the affirmative vote of a simple majority of | 24 |
| members.
Voting by
proxy shall not be permitted. In the case of | 25 |
| an emergency where all Board members cannot meet in person, the | 26 |
| Board may convene a meeting via an electronic format in |
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| accordance with the Open Meetings Act.
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| (b) The Board may perform each of the following activities:
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| (1) Recommend to the Department the adoption and the | 4 |
| revision of
rules necessary for the administration of this | 5 |
| Act;
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| (2) Recommend the approval, denial of approval, | 7 |
| withdrawal of approval,
or discipline of nursing education | 8 |
| programs;
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| (c) The Board shall participate in disciplinary | 10 |
| conferences and hearings and make recommendations to the | 11 |
| Department regarding disciplinary action taken against a | 12 |
| licensee as provided under this Act. Disciplinary conference | 13 |
| hearings and proceedings regarding scope of practice issues | 14 |
| shall be conducted by a Board member at the same or higher | 15 |
| licensure level as the respondent. Participation in an informal | 16 |
| conference shall not bar members of the Board from future | 17 |
| participation or decisions relating to that matter. | 18 |
| (d) With the exception of emergency rules, any proposed | 19 |
| rules, amendments, second notice materials, and adopted rule or | 20 |
| amendment materials or policy statements concerning advanced | 21 |
| practice nurses shall be presented to the Medical Licensing | 22 |
| Board for review and comment. The recommendations of both the | 23 |
| Board of Nursing and the Medical Licensing Board shall be | 24 |
| presented to the Secretary for consideration in making final | 25 |
| decisions. Whenever the Board of Nursing and Medical Licensing | 26 |
| Board disagree on a proposed rule or policy, the Secretary |
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| shall convene a joint meeting of the officers of each Board to | 2 |
| discuss resolution of any disagreements.
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| (e) Upon the effective date of this amendatory Act of the | 4 |
| 96th General Assembly, the Board shall assume all rulemaking | 5 |
| authority relating to nursing assistants, habilitation aides, | 6 |
| and child care aides under Sections 3-206, 3-206.02, and | 7 |
| 3-206.04 of the Nursing Home Care Act. The rules established by | 8 |
| the Illinois Department of Public Health pursuant to Sections | 9 |
| 3-206, 3-206.02, and 3-206.04 of the Nursing Home Care Act | 10 |
| shall continue in effect as the rules of the Board of Nursing | 11 |
| until amended or repealed by the Board of Nursing. The Illinois | 12 |
| Department of Public Health shall continue to administer the | 13 |
| rules relating to nursing assistants, habilitation aides, and | 14 |
| child care aides under Sections 3-206, 3-206.02, and 3-206.04 | 15 |
| of the Nursing Home Care Act until July 1, 2010, and then the | 16 |
| Department of Financial and Professional Regulation shall have | 17 |
| the responsibility of administering these rules. | 18 |
| (Source: P.A. 95-639, eff. 10-5-07.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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