Full Text of HB0865 99th General Assembly
HB0865ham002 99TH GENERAL ASSEMBLY | Rep. William Davis Filed: 4/12/2016
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| 1 | | AMENDMENT TO HOUSE BILL 865
| 2 | | AMENDMENT NO. ______. Amend House Bill 865 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The MC/DD Act is amended by adding Section | 5 | | 3-305.5 as follows: | 6 | | (210 ILCS 46/3-305.5 new) | 7 | | Sec. 3-305.5. Violation of the Nurse Practice Act. A | 8 | | facility that fails to submit any required report under Section | 9 | | 85-10 of the Nurse Practice Act is subject to discipline under | 10 | | this Article. | 11 | | Section 10. The Nurse Practice Act is amended by adding | 12 | | Article 85 as follows: | 13 | | (225 ILCS 65/Art. 85 heading new) | 14 | | ARTICLE 85. BASIC SUCTIONING AIDE PILOT PROGRAM |
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| 1 | | (225 ILCS 65/85-5 new) | 2 | | Sec. 85-5. Definitions. For the purposes of this Article | 3 | | only: | 4 | | "Basic suctioning" means the process of using oral | 5 | | suctioning of the upper airway to remove foreign matter, such | 6 | | as mucus, fluids, or blood, which may involve the use of a | 7 | | Yankauer suction catheter. | 8 | | "Basic suctioning aide" means a person who has met the | 9 | | qualifications for licensure under
this Article who assists | 10 | | with basic suctioning administration while under the | 11 | | supervision of a
registered professional nurse (RN) in a | 12 | | facility licensed under the MC/DD Act. | 13 | | "Qualified employer" means a facility in good standing | 14 | | under the MC/DD Act. | 15 | | (225 ILCS 65/85-10 new) | 16 | | Sec. 85-10. Pilot program. | 17 | | (a) The Department shall administer and enforce a Licensed | 18 | | Basic Suctioning Aide Pilot Program. The
program shall last for | 19 | | a period of 3 years, as determined by rule.
During the 3-year | 20 | | pilot program, the Department shall license and regulate | 21 | | licensed
basic suctioning aides. The Department may consult
| 22 | | with the Department of Public Health as necessary to properly | 23 | | administer and enforce this Article. | 24 | | (b) To be approved as a qualified facility for the duration |
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| 1 | | of the pilot program, a facility must: | 2 | | (1) be a licensed facility in good standing under the | 3 | | MC/DD Act; | 4 | | (2) certify that the employment of a licensed basic | 5 | | suctioning aide will not
replace or diminish the employment | 6 | | of a registered nurse or licensed practical nurse at
the | 7 | | facility; | 8 | | (3) certify that a registered nurse will be on-duty and | 9 | | present in the facility to
delegate and supervise the basic | 10 | | suctioning administration by a licensed basic suctioning | 11 | | aide at
all times; | 12 | | (4) certify that, with the exception of licensed health | 13 | | care professionals,
only licensed basic suctioning aides | 14 | | will be employed in the capacity of administering
basic | 15 | | suctioning; and | 16 | | (5) provide information regarding patient safety,
| 17 | | efficiency, and errors as determined by the Department; | 18 | | failure to submit any
required report may be grounds for | 19 | | discipline or sanctions under this Act or the MC/DD Act. | 20 | | The Department shall submit a report regarding patient | 21 | | safety, efficiency, and errors, as
determined by rule, to the | 22 | | General Assembly no later than 6 months after termination of | 23 | | the pilot
program. | 24 | | (225 ILCS 65/85-15 new) | 25 | | Sec. 85-15. Licensure requirement; exempt activities. |
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| 1 | | (a) On and after January 1, 2017, no person shall
practice | 2 | | as a basic suctioning aide or hold himself or herself out as a | 3 | | licensed basic suctioning aide in this State
unless he or she | 4 | | is licensed under this Article. | 5 | | (b) Nothing in this Article shall be construed as | 6 | | preventing or restricting the practice, services, or
| 7 | | activities of: | 8 | | (1) any person licensed in this State by any other law | 9 | | from engaging in the profession or
occupation for which he | 10 | | or she is licensed; | 11 | | (2) any person employed as a basic suctioning aide by | 12 | | the government of the United States, if
such person | 13 | | practices as a basic suctioning aide solely under the | 14 | | direction or control of the
organization by which he or she | 15 | | is employed; or | 16 | | (3) any person pursuing a course of study leading to a | 17 | | certificate in basic suctioning at an
accredited or | 18 | | approved educational program if such activities and | 19 | | services constitute a part of a
supervised course of study | 20 | | and if such person is designated by a title which clearly | 21 | | indicates his
or her status as a student or trainee. | 22 | | (c) Nothing in this Article shall be construed to limit the | 23 | | delegation of tasks or duties by a
physician, dentist, advanced | 24 | | practice nurse, or podiatric physician as authorized by law. | 25 | | (225 ILCS 65/85-20 new) |
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| 1 | | Sec. 85-20. Scope of practice. | 2 | | (a) A licensed basic suctioning aide may only practice in a | 3 | | qualified facility. | 4 | | (b) Licensed basic suctioning aides must be supervised by | 5 | | and receive delegation by a registered
nurse that is on-duty | 6 | | and present in the facility at all times. | 7 | | (225 ILCS 65/85-25 new) | 8 | | Sec. 85-25. Unlicensed practice; violation; civil penalty. | 9 | | (a) In addition to any other penalty provided by law, any | 10 | | person who practices, offers to
practice, attempts to practice, | 11 | | or holds oneself out to practice as a basic suctioning aide | 12 | | without being
licensed under this Act shall, in addition to any | 13 | | other penalty provided by law, pay a civil penalty
to the | 14 | | Department in an amount not to exceed $10,000 for each offense | 15 | | as determined by the
Department. The civil penalty shall be | 16 | | assessed by the Department after a hearing is held in
| 17 | | accordance with the provisions set forth in this Act regarding | 18 | | the provision of a hearing for the
discipline of a licensee. | 19 | | (b) The Department has the authority and power to | 20 | | investigate any and all unlicensed activity. | 21 | | (c) The civil penalty shall be paid within 60 days after | 22 | | the effective date of the order imposing
the civil penalty. The | 23 | | order shall constitute a judgment and may be filed and | 24 | | execution had
thereon in the same manner as any judgment from | 25 | | any court of record. |
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| 1 | | (225 ILCS 65/85-30 new) | 2 | | Sec. 85-30. Applications for original licensure. | 3 | | Applications for original licensure shall be made to
the | 4 | | Department in writing on forms prescribed by the Department and | 5 | | shall be accompanied by
the required fee, which shall not be | 6 | | returnable. The application shall require such
information as, | 7 | | in the judgment of the Department, will enable the Department | 8 | | to pass on the
qualifications of the applicant for licensure. | 9 | | Applicants have 3 years after the date of application
to | 10 | | complete the application process. If the process has not been | 11 | | completed within 3 years, the
application shall be denied, the | 12 | | fee forfeited, and the applicant must reapply and meet the
| 13 | | requirements in effect at the time of reapplication. | 14 | | (225 ILCS 65/85-35 new) | 15 | | Sec. 85-35. Examinations. The Department shall authorize | 16 | | examinations of applicants for a license
under this Article at | 17 | | the times and place as it may designate. The examination shall | 18 | | be of a
character to give a fair test of the qualifications of | 19 | | the applicant to practice as a basic suctioning aide. | 20 | | Applicants for examination as a basic suctioning aide shall | 21 | | be required to pay, either to the
Department or the designated | 22 | | testing service, a fee covering the cost of providing the
| 23 | | examination. Failure to appear for the examination on the | 24 | | scheduled date, at the time and place
specified, after the |
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| 1 | | applicant's application for examination has been received and | 2 | | acknowledged
by the Department or the designated testing | 3 | | service, shall result in the forfeiture of the
examination fee. | 4 | | If an applicant fails to pass an examination for | 5 | | registration under this Act within 3 years after
filing his or | 6 | | her application, the application shall be denied. The applicant | 7 | | may thereafter make a new
application accompanied by the | 8 | | required fee; however, the applicant shall meet all | 9 | | requirements
in effect at the time of subsequent application | 10 | | before obtaining licensure. The Department may
employ | 11 | | consultants for the purposes of preparing and conducting | 12 | | examinations. | 13 | | (225 ILCS 65/85-40 new) | 14 | | Sec. 85-40. Licensure by examination. An applicant for | 15 | | licensure by examination to practice as a licensed basic | 16 | | suctioning aide
must: | 17 | | (1) submit a completed written application on forms | 18 | | provided by the Department and fees
as established by the | 19 | | Department; | 20 | | (2) be age 18 or older; | 21 | | (3) have a high school diploma or a certificate of | 22 | | general education development (GED); | 23 | | (4) demonstrate the ability to speak, read, and write | 24 | | the English language, as determined by
rule; | 25 | | (5) be currently certified in good standing as a |
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| 1 | | certified nursing assistant; | 2 | | (6) submit to the criminal history records check | 3 | | required under Section 50-35 of this Act; | 4 | | (7) have not engaged in conduct or behavior determined | 5 | | to be grounds for discipline under
this Act; | 6 | | (8) be currently certified to perform cardiopulmonary | 7 | | resuscitation by the American Heart
Association or | 8 | | American Red Cross; | 9 | | (9) have successfully completed a course of study | 10 | | approved by the Department as defined
by rule; to be | 11 | | approved, the program must include a minimum of 8 hours of | 12 | | classroom-based suctioning aide education and
a minimum of | 13 | | 5 hours of registered nurse-supervised clinical practicum | 14 | | with progressive responsibility
of patient suctioning | 15 | | assistance; such course of study and training may be | 16 | | developed by the qualified facility staff with approval by | 17 | | the Department; | 18 | | (10) have successfully completed the Basic Suctioning | 19 | | Aide Certification Examination or other
examination | 20 | | authorized by the Department; and | 21 | | (11) submit proof of employment by a qualifying | 22 | | facility. | 23 | | (225 ILCS 65/85-45 new) | 24 | | Sec. 85-45. Expiration of license. The expiration date for | 25 | | each license to practice as a licensed basic suctioning aide |
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| 1 | | shall be set by
the rule. Licenses under this Article may not | 2 | | be renewed or restored. | 3 | | (225 ILCS 65/85-50 new) | 4 | | Sec. 85-50. Administration and enforcement. Licenses | 5 | | issued under this Article are subject to Article 70, including | 6 | | grounds for disciplinary action under Section 70-5 of this Act. | 7 | | (225 ILCS 65/85-55 new) | 8 | | Sec. 85-55. Title. Any person who is issued a license as a | 9 | | basic suctioning aide under the terms of this Act shall
use the | 10 | | words "licensed basic suctioning aide" in connection with his | 11 | | or her name to denote his or her
licensure under this Act. | 12 | | (225 ILCS 65/85-60 new) | 13 | | Sec. 85-60. Rules. The Department shall file rules to | 14 | | administer this Article within 90 days after the
effective date | 15 | | of this amendatory Act of the 99th General Assembly. | 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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