Full Text of HB0312 100th General Assembly
HB0312 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB0312 Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
| 225 ILCS 65/65-30 | | 225 ILCS 65/65-35 | was 225 ILCS 65/15-15 | 225 ILCS 65/65-35.1 | | 225 ILCS 65/65-40 | was 225 ILCS 65/15-20 | 225 ILCS 65/65-43 new | | 225 ILCS 65/65-45 | was 225 ILCS 65/15-25 | 225 ILCS 65/65-50 | was 225 ILCS 65/15-30 | 225 ILCS 65/65-55 | was 225 ILCS 65/15-40 | 225 ILCS 65/65-60 | was 225 ILCS 65/15-45 | 225 ILCS 65/65-65 | was 225 ILCS 65/15-55 |
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Amends the Nurse Practice Act. In provisions concerning scope of practice, written collaborative agreements, temporary practice with a collaborative agreement, prescriptive authority with a collaborative agreement, titles, advertising, continuing education, and reports relating to professional conduct and capacity, changes references of "advanced practice nurse" and "APN" to "advanced practice registered nurse" and "APRN". Provides that a written collaborative agreement is required for all postgraduate advanced practice registered nurses until specific requirements have been met. Provides that postgraduate advanced practice registered nurses may enter into written collaborative agreements with collaborating advanced practice registered nurses or physicians (rather than collaborating physicians or podiatric physicians). In provisions concerning prescriptive authority for postgraduate advanced practice registered nurses, sets forth the requirements for postgraduate advanced practice registered nurses to have prescriptive authority and the limitations of such authority. Defines "full practice authority" and provides requirements for it to be granted to an advanced practice registered nurse. Removes provisions concerning advanced practice nursing in hospitals, hospital affiliates, or ambulatory surgical treatment centers, except the provision for anesthesia services and the provision requiring advanced practice registered nurses to provide services in accordance with other Acts. Makes other changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Nurse Practice Act is amended by changing | 5 | | Sections 65-30, 65-35, 65-35.1, 65-40, 65-45, 65-50, 65-55, | 6 | | 65-60, and 65-65 and by adding Section 65-43 as follows: | 7 | | (225 ILCS 65/65-30) | 8 | | (Section scheduled to be repealed on January 1, 2018)
| 9 | | Sec. 65-30. APRN APN scope of practice.
| 10 | | (a) Advanced practice registered nursing by certified | 11 | | nurse practitioners, certified nurse anesthetists, certified | 12 | | nurse midwives, or clinical nurse specialists is based on | 13 | | knowledge and skills acquired throughout an advanced practice | 14 | | registered nurse's nursing education, training, and | 15 | | experience. | 16 | | (b) Practice as an advanced practice registered nurse means | 17 | | a scope of nursing practice, with or without compensation, and | 18 | | includes the registered nurse scope of practice. | 19 | | (c) The scope of practice of an advanced practice | 20 | | registered nurse includes, but is not limited to, each of the | 21 | | following: | 22 | | (1) Advanced registered nursing patient assessment and | 23 | | diagnosis. |
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| 1 | | (2) Ordering diagnostic and therapeutic tests and | 2 | | procedures, performing those tests and procedures when using | 3 | | health care equipment, and interpreting and using the results | 4 | | of diagnostic and therapeutic tests and procedures ordered by | 5 | | the advanced practice registered nurse or another health care | 6 | | professional. | 7 | | (3) Ordering treatments, ordering or applying | 8 | | appropriate medical devices, and using nursing medical, | 9 | | therapeutic, and corrective measures to treat illness and | 10 | | improve health status. | 11 | | (4) Providing palliative and end-of-life care. | 12 | | (5) Providing advanced counseling, patient education, | 13 | | health education, and patient advocacy. | 14 | | (6) Prescriptive authority as defined in Section 65-40 | 15 | | of this Act. | 16 | | (7) Delegating selected nursing activities or tasks to | 17 | | a licensed practical nurse, a registered professional nurse, or | 18 | | other personnel.
| 19 | | (Source: P.A. 95-639, eff. 10-5-07.)
| 20 | | (225 ILCS 65/65-35)
(was 225 ILCS 65/15-15)
| 21 | | (Section scheduled to be repealed on January 1, 2018)
| 22 | | Sec. 65-35. Written collaborative
agreements. | 23 | | (a) A written collaborative agreement is required for all | 24 | | postgraduate advanced practice registered nurses until an | 25 | | affidavit of completion of not less than 3,000 hours of |
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| 1 | | clinical practice with a collaborating advanced practice | 2 | | registered nurse or physician has been submitted to the | 3 | | Department requesting to practice without a written | 4 | | collaborative agreement in accordance with Section 65-43 of | 5 | | this Act engaged in clinical practice, except for advanced | 6 | | practice nurses who are authorized to practice in a hospital, | 7 | | hospital affiliate, or ambulatory surgical treatment center . | 8 | | (a-5) (Blank) If an advanced practice nurse engages in | 9 | | clinical practice outside of a hospital, hospital affiliate, or | 10 | | ambulatory surgical treatment center in which he or she is | 11 | | authorized to practice, the advanced practice nurse must have a | 12 | | written collaborative agreement .
| 13 | | (b) A written collaborative
agreement shall describe the | 14 | | relationship of the
postgraduate advanced practice registered | 15 | | nurse with the collaborating
advanced practice registered | 16 | | nurse or physician or podiatric physician and shall describe | 17 | | the categories of
care, treatment, or procedures to be provided | 18 | | by the postgraduate advanced
practice registered nurse. A | 19 | | collaborative agreement with a dentist must be in accordance | 20 | | with subsection (c-10) of this Section. Collaboration does not | 21 | | require an
employment relationship between the collaborating | 22 | | advanced practice registered nurse or physician
or podiatric | 23 | | physician and the postgraduate advanced practice registered | 24 | | nurse.
| 25 | | The collaborative
relationship under an agreement shall | 26 | | not be
construed to require the personal presence of a |
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| 1 | | collaborating advanced practice registered nurse or physician | 2 | | or podiatric physician at the place where services are | 3 | | rendered.
Methods of communication shall
be available for | 4 | | consultation with the collaborating
advanced practice | 5 | | registered nurse or physician or podiatric physician in person | 6 | | or by telecommunications or electronic communications as set | 7 | | forth in the written
agreement.
| 8 | | (b-5) Absent an employment relationship, a written | 9 | | collaborative agreement may not (1) restrict the categories of | 10 | | patients of an advanced practice registered nurse within the | 11 | | scope of the advanced practice registered nurses training and | 12 | | experience, (2) limit third party payors or government health | 13 | | programs, such as the medical assistance program or Medicare | 14 | | with which the advanced practice registered nurse contracts, or | 15 | | (3) limit the geographic area or practice location of the | 16 | | advanced practice registered nurse in this State. | 17 | | (c)
In the case of anesthesia services provided by a | 18 | | certified registered nurse anesthetist, an anesthesiologist, a | 19 | | physician, a dentist, or a podiatric physician must participate | 20 | | through discussion of and agreement with the anesthesia plan | 21 | | and remain physically present and available on the premises | 22 | | during the delivery of anesthesia services for diagnosis, | 23 | | consultation, and treatment of emergency medical conditions.
| 24 | | (c-5) A certified registered nurse anesthetist, who | 25 | | provides anesthesia services outside of a hospital or | 26 | | ambulatory surgical treatment center shall enter into a written |
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| 1 | | collaborative agreement with an anesthesiologist or the | 2 | | physician licensed to practice medicine in all its branches or | 3 | | the podiatric physician performing the procedure. Outside of a | 4 | | hospital or ambulatory surgical treatment center, the | 5 | | certified registered nurse anesthetist may provide only those | 6 | | services that the collaborating podiatric physician is | 7 | | authorized to provide pursuant to the Podiatric Medical | 8 | | Practice Act of 1987 and rules adopted thereunder. A certified | 9 | | registered nurse anesthetist may select, order, and administer | 10 | | medication, including controlled substances, and apply | 11 | | appropriate medical devices for delivery of anesthesia | 12 | | services under the anesthesia plan agreed with by the | 13 | | anesthesiologist or the operating physician or operating | 14 | | podiatric physician. | 15 | | (c-10) A certified registered nurse anesthetist who | 16 | | provides anesthesia services in a dental office shall enter | 17 | | into a written collaborative agreement with an | 18 | | anesthesiologist or the physician licensed to practice | 19 | | medicine in all its branches or the operating dentist | 20 | | performing the procedure. The agreement shall describe the | 21 | | working relationship of the certified registered nurse | 22 | | anesthetist and dentist and shall authorize the categories of | 23 | | care, treatment, or procedures to be performed by the certified | 24 | | registered nurse anesthetist. In a collaborating dentist's | 25 | | office, the certified registered nurse anesthetist may only | 26 | | provide those services that the operating dentist with the |
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| 1 | | appropriate permit is authorized to provide pursuant to the | 2 | | Illinois Dental Practice Act and rules adopted thereunder. For | 3 | | anesthesia services, an anesthesiologist, physician, or | 4 | | operating dentist shall participate through discussion of and | 5 | | agreement with the anesthesia plan and shall remain physically | 6 | | present and be available on the premises during the delivery of | 7 | | anesthesia services for diagnosis, consultation, and treatment | 8 | | of emergency medical conditions. A certified registered nurse | 9 | | anesthetist may select, order, and administer medication, | 10 | | including controlled substances, and apply appropriate medical | 11 | | devices for delivery of anesthesia services under the | 12 | | anesthesia plan agreed with by the operating dentist. | 13 | | (d) A copy of the signed, written collaborative agreement | 14 | | must be available
to the Department upon request from both the | 15 | | certified registered nurse anesthetist and postgraduate | 16 | | advanced practice registered nurse
and the collaborating | 17 | | physician, dentist, or podiatric physician. | 18 | | (e) Nothing in this Act shall be construed to limit the | 19 | | delegation of tasks or duties by a physician to a licensed | 20 | | practical nurse, a registered professional nurse, or other | 21 | | persons in accordance with Section 54.2 of the Medical Practice | 22 | | Act of 1987. Nothing in this Act shall be construed to limit | 23 | | the method of delegation that may be authorized by any means, | 24 | | including, but not limited to, oral, written, electronic, | 25 | | standing orders, protocols, guidelines, or verbal orders. | 26 | | Nothing in this Act shall be construed to authorize an advanced |
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| 1 | | practice registered nurse to provide health care services | 2 | | required by law or rule to be performed by a physician. | 3 | | (f) A postgraduate An advanced
practice registered nurse | 4 | | shall inform each collaborating advanced practice registered | 5 | | nurse or physician , dentist, or podiatric physician of all | 6 | | collaborative
agreements he or she
has signed and provide a | 7 | | copy of these to any collaborating advanced practice registered | 8 | | nurse or physician , dentist, or podiatric physician upon
| 9 | | request .
| 10 | | (g) (Blank). | 11 | | (Source: P.A. 98-192, eff. 1-1-14; 98-214, eff. 8-9-13; 98-756, | 12 | | eff. 7-16-14; 99-173, eff. 7-29-15.)
| 13 | | (225 ILCS 65/65-35.1) | 14 | | (Section scheduled to be repealed on January 1, 2018) | 15 | | Sec. 65-35.1. Written collaborative agreement; temporary | 16 | | practice. A postgraduate Any advanced practice registered | 17 | | nurse required to enter into a written collaborative agreement | 18 | | with a collaborating advanced practice registered nurse or | 19 | | collaborating physician or collaborating podiatrist is | 20 | | authorized to continue to practice for up to 90 days after the | 21 | | termination of a collaborative agreement provided the advanced | 22 | | practice registered nurse seeks any needed collaboration at a | 23 | | local hospital and refers patients who require services beyond | 24 | | the training and experience of the advanced practice registered | 25 | | nurse to a physician or other health care provider.
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| 1 | | (Source: P.A. 99-173, eff. 7-29-15.)
| 2 | | (225 ILCS 65/65-40)
(was 225 ILCS 65/15-20)
| 3 | | (Section scheduled to be repealed on January 1, 2018)
| 4 | | Sec. 65-40. Written collaborative agreement; prescriptive | 5 | | authority for postgraduate advanced practice registered | 6 | | nurses . | 7 | | (a) A collaborating
advanced practice registered nurse or | 8 | | physician or podiatric physician may, but is not required to, | 9 | | delegate
prescriptive authority to a postgraduate an advanced | 10 | | practice
registered nurse as part of a written collaborative | 11 | | agreement. This authority may, but is
not required to, include
| 12 | | prescription of, selection of, orders for, administration of, | 13 | | storage of, acceptance of samples of, and dispensing over the | 14 | | counter medications, legend drugs, medical gases, and | 15 | | controlled
substances categorized as
any Schedule III through V | 16 | | controlled substances, as defined in Article II of the
Illinois | 17 | | Controlled Substances Act, and other preparations, including, | 18 | | but not limited to, botanical and herbal remedies. The | 19 | | collaborating advanced practice registered nurse or physician | 20 | | or podiatric physician must have a valid current Illinois | 21 | | controlled substance license and federal registration to | 22 | | delegate authority to prescribe delegated controlled | 23 | | substances.
| 24 | | (b) To prescribe controlled
substances under this Section, | 25 | | a postgraduate an advanced practice
registered nurse must |
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| 1 | | obtain a mid-level practitioner controlled substance license.
| 2 | | Medication prescriptions and orders shall be
reviewed
| 3 | | periodically by the collaborating advanced practice registered | 4 | | nurse or physician or podiatric physician .
| 5 | | (c) The collaborating advanced practice registered nurse | 6 | | or physician or podiatric physician shall file with the
| 7 | | Department notice of delegation of prescriptive authority
and
| 8 | | termination of such delegation, in accordance with rules of the | 9 | | Department.
Upon receipt of this notice delegating authority to | 10 | | prescribe any Schedule III through V controlled substances, the | 11 | | licensed postgraduate advanced practice registered nurse shall | 12 | | be
eligible to register for a mid-level practitioner controlled | 13 | | substance license
under Section 303.05 of the Illinois | 14 | | Controlled Substances Act.
| 15 | | (c-5) A hospital, hospital affiliate, or ambulatory | 16 | | surgical treatment center shall file with the Department notice | 17 | | of a grant of prescriptive authority consistent with this | 18 | | subsection and termination of such a grant of authority in | 19 | | accordance with rules of the Department. Upon receipt of this | 20 | | notice of grant of authority to prescribe any Schedule II | 21 | | through V controlled substances, the licensed postgraduate | 22 | | advanced practice registered nurse certified as a nurse | 23 | | practitioner, nurse midwife, or clinical nurse specialist may | 24 | | register for a mid-level practitioner controlled substance | 25 | | license under Section 303.05 of the Illinois Controlled | 26 | | Substance Act. |
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| 1 | | (d) In addition to the requirements of subsections (a), | 2 | | (b), and (c) , and (c-5) of this Section, a collaborating | 3 | | advanced practice registered nurse or physician or podiatric | 4 | | physician may, but is not required to, delegate authority to a | 5 | | postgraduate an advanced practice registered nurse to | 6 | | prescribe any Schedule II controlled substances, if all of the | 7 | | following conditions apply: | 8 | | (1) Specific Schedule II controlled substances by oral | 9 | | dosage or topical or transdermal application may be | 10 | | delegated, provided that the delegated Schedule II | 11 | | controlled substances are routinely prescribed by the | 12 | | collaborating advanced practice registered nurse or | 13 | | physician or podiatric physician . This delegation must | 14 | | identify the specific Schedule II controlled substances by | 15 | | either brand name or generic name. Schedule II controlled | 16 | | substances to be delivered by injection or other route of | 17 | | administration may not be delegated. | 18 | | (2) Any delegation must be controlled substances that | 19 | | the collaborating advanced practice registered nurse or | 20 | | physician or podiatric physician prescribes. | 21 | | (3) Any prescription must be limited to no more than a | 22 | | 30-day supply, with any continuation authorized only after | 23 | | prior approval of the collaborating advanced practice | 24 | | registered nurse or physician or podiatric physician . | 25 | | (4) The advanced practice registered nurse must | 26 | | discuss the condition of any patients for whom a controlled |
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| 1 | | substance is prescribed monthly with the delegating | 2 | | advanced practice registered nurse or physician. | 3 | | (5) The postgraduate advanced practice registered | 4 | | nurse meets the education requirements of Section 303.05 of | 5 | | the Illinois Controlled Substances Act.
| 6 | | (e) Nothing in this Act shall be construed to limit the | 7 | | delegation of tasks
or duties by a physician to a licensed | 8 | | practical nurse, a registered
professional nurse, or other | 9 | | persons. Nothing in this Act shall be construed to limit the | 10 | | method of delegation that may be authorized by any means, | 11 | | including, but not limited to, oral, written, electronic, | 12 | | standing orders, protocols, guidelines, or verbal orders.
| 13 | | (f) Nothing in this Section shall be construed to apply to | 14 | | any medication authority including Schedule II controlled | 15 | | substances of an advanced practice registered nurse for care | 16 | | provided in a hospital, hospital affiliate, or ambulatory | 17 | | surgical treatment center pursuant to Section 65-45. | 18 | | (g) Any postgraduate advanced practice registered nurse | 19 | | who writes a prescription for a controlled substance without | 20 | | having a valid appropriate authority may be fined by the | 21 | | Department not more than $50 per prescription, and the | 22 | | Department may take any other disciplinary action provided for | 23 | | in this Act. | 24 | | (h) Nothing in this Section shall be construed to prohibit | 25 | | generic substitution. | 26 | | (Source: P.A. 97-358, eff. 8-12-11; 98-214, eff. 8-9-13.)
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| 1 | | (225 ILCS 65/65-43 new) | 2 | | Sec. 65-43. Full practice authority. | 3 | | (a) "Full practice authority" means the authority of an | 4 | | advanced practice registered nurse licensed in Illinois and | 5 | | certified as a nurse practitioner, clinical nurse specialist, | 6 | | or nurse midwife to practice without a written collaborative | 7 | | agreement and be fully accountable: (1) to patients for the | 8 | | quality of advanced nursing care rendered, (2) for recognizing | 9 | | limits of knowledge and experience, and (3) for planning for | 10 | | the management of situations beyond the advanced practice | 11 | | registered nurse's expertise. "Full practice authority" | 12 | | includes accepting referrals from, consulting with, | 13 | | collaborating with, or referring to other health care | 14 | | professionals as warranted by the needs of the patient and | 15 | | possessing the authority to prescribe all medications and | 16 | | orders for, administration of, storage of, acceptance of | 17 | | samples of, and dispensing over the counter medications, legend | 18 | | drugs, medical gases, and controlled substances categorized as | 19 | | any Schedule II through V controlled substances, as defined in | 20 | | Article II of the Illinois Controlled Substances Act, and other | 21 | | preparations, including, but not limited to, botanical and | 22 | | herbal remedies. | 23 | | (b) To be granted full practice authority as an advanced | 24 | | practice registered nurse, the advanced practice registered | 25 | | nurse must: |
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| 1 | | (1) submit proof of an unencumbered Illinois license as | 2 | | an advanced practice registered nurse to the Department; | 3 | | (2) submit proof of national certification as a nurse | 4 | | practitioner, clinical nurse specialist, or certified | 5 | | nurse midwife to the Department; | 6 | | (3) submit an affidavit of completion of no less than | 7 | | 3,000 hours of clinical practice with, and signed by, the | 8 | | collaborating advanced practice registered nurse or | 9 | | physician; and | 10 | | (4) meet the education requirements of Section 303.05 | 11 | | of the Illinois Controlled Substances Act.
| 12 | | (225 ILCS 65/65-45)
(was 225 ILCS 65/15-25)
| 13 | | (Section scheduled to be repealed on January 1, 2018)
| 14 | | Sec. 65-45. Anesthesia services and advanced Advanced | 15 | | practice registered nursing practice in hospitals, hospital | 16 | | affiliates, or ambulatory surgical treatment centers.
| 17 | | (a) (Blank) An advanced practice nurse may provide
services | 18 | | in a hospital or a hospital affiliate as those terms are | 19 | | defined in the Hospital Licensing Act or the University of | 20 | | Illinois Hospital Act or a licensed ambulatory surgical
| 21 | | treatment center without a written collaborative agreement | 22 | | pursuant to Section 65-35 of this Act. An advanced practice | 23 | | nurse must possess clinical privileges recommended by the | 24 | | hospital medical staff and granted by the hospital or the | 25 | | consulting medical staff committee and ambulatory surgical |
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| 1 | | treatment center in order to provide services. The medical | 2 | | staff or consulting medical staff committee shall periodically | 3 | | review the services of advanced practice nurses granted | 4 | | clinical privileges, including any care provided in a hospital | 5 | | affiliate. Authority may also be granted when recommended by | 6 | | the hospital medical staff and granted by the hospital or | 7 | | recommended by the consulting medical staff committee and | 8 | | ambulatory surgical treatment center to individual advanced | 9 | | practice nurses to select, order, and administer medications, | 10 | | including controlled substances, to provide delineated care. | 11 | | In a hospital, hospital affiliate, or ambulatory surgical | 12 | | treatment center, the attending physician shall determine an | 13 | | advanced practice nurse's role in providing care for his or her | 14 | | patients, except as otherwise provided in the medical staff | 15 | | bylaws or consulting committee policies .
| 16 | | (a-2) (Blank) An advanced practice nurse granted authority | 17 | | to order medications including controlled substances may | 18 | | complete discharge prescriptions provided the prescription is | 19 | | in the name of the advanced practice nurse and the attending or | 20 | | discharging physician . | 21 | | (a-3) (Blank) Advanced practice nurses practicing in a | 22 | | hospital or an ambulatory surgical treatment center are not | 23 | | required to obtain a mid-level controlled substance license to | 24 | | order controlled substances under Section 303.05 of the | 25 | | Illinois Controlled Substances Act . | 26 | | (a-5) For
anesthesia services provided by a certified |
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| 1 | | registered nurse anesthetist, an anesthesiologist,
physician, | 2 | | dentist,
or podiatric physician shall participate through | 3 | | discussion of and agreement with the
anesthesia plan and shall
| 4 | | remain
physically present
and be available on the premises | 5 | | during the delivery of anesthesia services for
diagnosis, | 6 | | consultation, and treatment of
emergency medical conditions, | 7 | | unless hospital policy adopted pursuant to
clause (B) of | 8 | | subdivision (3) of Section 10.7 of the Hospital Licensing Act
| 9 | | or ambulatory surgical treatment center policy adopted | 10 | | pursuant to
clause (B) of subdivision (3) of Section 6.5 of the | 11 | | Ambulatory Surgical
Treatment Center Act
provides otherwise. A | 12 | | certified registered nurse anesthetist may select, order, and | 13 | | administer medication for anesthesia services under the | 14 | | anesthesia plan agreed to by the anesthesiologist or the | 15 | | physician, in accordance with hospital alternative policy or | 16 | | the medical staff consulting committee policies of a licensed | 17 | | ambulatory surgical treatment center.
| 18 | | (b) An advanced practice registered nurse who provides
| 19 | | services in a hospital shall do so in accordance with Section | 20 | | 10.7 of the
Hospital
Licensing Act and, in an
ambulatory | 21 | | surgical treatment center, in accordance with Section 6.5 of | 22 | | the
Ambulatory
Surgical Treatment Center Act.
| 23 | | (c) (Blank) Advanced practice nurses certified as nurse | 24 | | practitioners, nurse midwives, or clinical nurse specialists | 25 | | practicing in a hospital affiliate may be, but are not required | 26 | | to be, granted authority to prescribe Schedule II through V |
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| 1 | | controlled substances when such authority is recommended by the | 2 | | appropriate physician committee of the hospital affiliate and | 3 | | granted by the hospital affiliate. This authority may, but is | 4 | | not required to, include prescription of, selection of, orders | 5 | | for, administration of, storage of, acceptance of samples of, | 6 | | and dispensing over-the-counter medications, legend drugs, | 7 | | medical gases, and controlled substances categorized as | 8 | | Schedule II through V controlled substances, as defined in | 9 | | Article II of the Illinois Controlled Substances Act, and other | 10 | | preparations, including, but not limited to, botanical and | 11 | | herbal remedies . | 12 | | To prescribe controlled substances under this subsection | 13 | | (c), an advanced practice nurse certified as a nurse | 14 | | practitioner, nurse midwife, or clinical nurse specialist must | 15 | | obtain a mid-level practitioner controlled substance license. | 16 | | Medication orders shall be reviewed periodically by the | 17 | | appropriate hospital affiliate physicians committee or its | 18 | | physician designee. | 19 | | The hospital affiliate shall file with the Department | 20 | | notice of a grant of prescriptive authority consistent with | 21 | | this subsection (c) and termination of such a grant of | 22 | | authority, in accordance with rules of the Department. Upon | 23 | | receipt of this notice of grant of authority to prescribe any | 24 | | Schedule II through V controlled substances, the licensed | 25 | | advanced practice nurse certified as a nurse practitioner, | 26 | | nurse midwife, or clinical nurse specialist may register for a |
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| 1 | | mid-level practitioner controlled substance license under | 2 | | Section 303.05 of the Illinois Controlled Substances Act. | 3 | | In addition, a hospital affiliate may, but is not required | 4 | | to, grant authority to an advanced practice nurse certified as | 5 | | a nurse practitioner, nurse midwife, or clinical nurse | 6 | | specialist to prescribe any Schedule II controlled substances, | 7 | | if all of the following conditions apply: | 8 | | (1) specific Schedule II controlled substances by oral | 9 | | dosage or topical or transdermal application may be | 10 | | designated, provided that the designated Schedule II | 11 | | controlled substances are routinely prescribed by advanced | 12 | | practice nurses in their area of certification; this grant | 13 | | of authority must identify the specific Schedule II | 14 | | controlled substances by either brand name or generic name; | 15 | | authority to prescribe or dispense Schedule II controlled | 16 | | substances to be delivered by injection or other route of | 17 | | administration may not be granted; | 18 | | (2) any grant of authority must be controlled | 19 | | substances limited to the practice of the advanced practice | 20 | | nurse; | 21 | | (3) any prescription must be limited to no more than a | 22 | | 30-day supply; | 23 | | (4) the advanced practice nurse must discuss the | 24 | | condition of any patients for whom a controlled substance | 25 | | is prescribed monthly with the appropriate physician | 26 | | committee of the hospital affiliate or its physician |
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| 1 | | designee; and | 2 | | (5) the advanced practice nurse must meet the education | 3 | | requirements of Section 303.05 of the Illinois Controlled | 4 | | Substances Act. | 5 | | (Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)
| 6 | | (225 ILCS 65/65-50)
(was 225 ILCS 65/15-30)
| 7 | | (Section scheduled to be repealed on January 1, 2018)
| 8 | | Sec. 65-50. APRN APN title.
| 9 | | (a) No person shall use any words, abbreviations, figures,
| 10 | | letters, title, sign, card, or device tending to imply that
he | 11 | | or she is an advanced practice registered nurse, including ,
but | 12 | | not limited to , using the titles or initials "Advanced Practice | 13 | | Registered Nurse", "Advanced
Practice Nurse", "Certified Nurse | 14 | | Midwife", "Certified Nurse Practitioner",
"Certified | 15 | | Registered Nurse Anesthetist", "Clinical Nurse Specialist",
| 16 | | "A.P.R.N.", "A.P.N.", "C.N.M.", "C.N.P.",
"C.R.N.A.", | 17 | | "C.N.S.", or similar titles or initials, with the
intention of | 18 | | indicating practice as an advanced practice
registered nurse | 19 | | without meeting the requirements of this
Act.
| 20 | | (b) No advanced practice registered nurse shall indicate to | 21 | | other persons that he or she is qualified to engage in the | 22 | | practice of medicine.
| 23 | | (c) An advanced practice registered nurse shall verbally
| 24 | | identify himself or herself as an advanced practice
registered | 25 | | nurse, including specialty certification, to each
patient.
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| 1 | | (d) Nothing in this Act shall be construed to relieve
an | 2 | | advanced practice registered nurse of the
professional or legal | 3 | | responsibility for the care and
treatment of persons attended | 4 | | by him or her.
| 5 | | (Source: P.A. 95-639, eff. 10-5-07.)
| 6 | | (225 ILCS 65/65-55)
(was 225 ILCS 65/15-40)
| 7 | | (Section scheduled to be repealed on January 1, 2018)
| 8 | | Sec. 65-55. Advertising as an APRN APN .
| 9 | | (a) A person licensed under this Act as an advanced | 10 | | practice registered nurse
may advertise the availability of | 11 | | professional services in
the public media or on the premises | 12 | | where the professional
services are rendered. The advertising | 13 | | shall be limited to
the following information:
| 14 | | (1) publication of the person's name, title, office
| 15 | | hours, address, and telephone number;
| 16 | | (2) information pertaining to the person's areas of
| 17 | | specialization, including , but not limited to , appropriate | 18 | | board certification
or limitation of professional | 19 | | practice;
| 20 | | (3) publication of the person's collaborating
| 21 | | physician's, dentist's, or podiatric physician's name, | 22 | | title, and areas of specialization;
| 23 | | (4) information on usual and customary fees for
routine | 24 | | professional services offered, which shall include | 25 | | notification that
fees may be
adjusted due to complications |
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| 1 | | or unforeseen circumstances;
| 2 | | (5) announcements of the opening of, change of,
absence | 3 | | from, or return to business;
| 4 | | (6) announcement of additions to or deletions from
| 5 | | professional licensed staff; and
| 6 | | (7) the issuance of business or appointment cards.
| 7 | | (b) It is unlawful for a person licensed under this Act as | 8 | | an advanced practice registered nurse to use testimonials or | 9 | | claims of superior quality of
care to entice the public. It | 10 | | shall be unlawful to advertise
fee comparisons of available | 11 | | services with those of other
licensed persons.
| 12 | | (c) This Article does not authorize the advertising of
| 13 | | professional services that the offeror of the services is
not | 14 | | licensed or authorized to render. Nor shall the
advertiser use | 15 | | statements that contain false, fraudulent,
deceptive, or | 16 | | misleading material or guarantees of success,
statements that | 17 | | play upon the vanity or fears of the public,
or statements that | 18 | | promote or produce unfair competition.
| 19 | | (d) It is unlawful and punishable under the penalty
| 20 | | provisions of this Act for a person licensed under this Article | 21 | | to
knowingly advertise that the licensee will accept as payment
| 22 | | for services rendered by assignment from any third party
payor | 23 | | the amount the third party payor covers as payment in
full, if | 24 | | the effect is to give the impression of eliminating
the need of | 25 | | payment by the patient of any required deductible
or copayment | 26 | | applicable in the patient's health benefit plan.
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| 1 | | (e) A licensee shall include in every advertisement for | 2 | | services
regulated under this Act his or her title as it | 3 | | appears on the license or the
initials authorized under this | 4 | | Act.
| 5 | | (f) As used in this Section, "advertise" means
solicitation | 6 | | by the licensee or through another person or entity by means of
| 7 | | handbills, posters, circulars, motion pictures, radio,
| 8 | | newspapers, or television or any other manner.
| 9 | | (Source: P.A. 98-214, eff. 8-9-13.)
| 10 | | (225 ILCS 65/65-60)
(was 225 ILCS 65/15-45)
| 11 | | (Section scheduled to be repealed on January 1, 2018)
| 12 | | Sec. 65-60. Continuing education. The Department shall
| 13 | | adopt rules of continuing education for persons licensed
under | 14 | | this Article that require 50 hours of
continuing education per | 15 | | 2-year license renewal cycle , 20 hours of which shall be | 16 | | pharmacology. Of the 20 pharmacology hours, 10 shall be | 17 | | regarding Schedule II controlled substances . Completion of the | 18 | | 50 hours of continuing education shall be deemed to satisfy the | 19 | | continuing education requirements for renewal of an advanced | 20 | | practice a registered professional nurse license as required by | 21 | | this Act. The
rules shall not be inconsistent with requirements | 22 | | of relevant national
certifying bodies or
State or national | 23 | | professional associations.
The rules shall also address | 24 | | variances in part or in whole for good
cause, including , but | 25 | | not , limited to illness or
hardship.
The continuing education |
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| 1 | | rules shall assure that licensees are given the
opportunity to | 2 | | participate in programs sponsored by or
through their State or | 3 | | national professional associations, hospitals,
or other | 4 | | providers of continuing education. Each licensee is
| 5 | | responsible
for maintaining records of completion of | 6 | | continuing education
and shall be prepared to produce the | 7 | | records when requested
by the Department.
| 8 | | (Source: P.A. 95-639, eff. 10-5-07.)
| 9 | | (225 ILCS 65/65-65)
(was 225 ILCS 65/15-55)
| 10 | | (Section scheduled to be repealed on January 1, 2018)
| 11 | | Sec. 65-65. Reports relating to APRN APN professional | 12 | | conduct and
capacity. | 13 | | (a) Entities Required to Report.
| 14 | | (1) Health Care Institutions. The chief
administrator | 15 | | or executive officer of a health care
institution licensed | 16 | | by the Department of Public
Health, which provides the | 17 | | minimum due process set forth
in Section 10.4 of the | 18 | | Hospital Licensing Act, shall
report to the Board when an | 19 | | advanced practice registered nurse's organized | 20 | | professional staff
clinical
privileges are terminated or | 21 | | are restricted based on a
final determination, in | 22 | | accordance with that
institution's bylaws or rules and | 23 | | regulations, that (i) a
person has either committed an act | 24 | | or acts that may
directly threaten patient care and that | 25 | | are not of an
administrative nature or (ii) that a person |
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| 1 | | may have a mental or physical disability that may endanger
| 2 | | patients under that person's care. The chief administrator | 3 | | or officer
shall also report if an advanced practice | 4 | | registered nurse accepts voluntary termination or
| 5 | | restriction of clinical privileges in lieu of formal
action | 6 | | based upon conduct related directly to patient
care and not | 7 | | of an administrative nature, or in lieu of
formal action | 8 | | seeking to determine whether a person may
have a mental or | 9 | | physical disability that may
endanger patients under that | 10 | | person's care. The
Board shall provide by rule for the | 11 | | reporting to it of
all instances in which a person licensed | 12 | | under this Article, who is impaired by reason of age, drug, | 13 | | or
alcohol abuse or physical or mental impairment, is under
| 14 | | supervision and, where appropriate, is in a program of
| 15 | | rehabilitation. Reports submitted under this subsection | 16 | | shall be strictly
confidential and may be reviewed and | 17 | | considered only by
the members of the Board or authorized | 18 | | staff as
provided by rule of the Board. Provisions shall be
| 19 | | made for the periodic report of the status of any such | 20 | | reported
person not less than twice annually in order that | 21 | | the
Board shall have current information upon which to
| 22 | | determine the status of that person. Initial
and periodic | 23 | | reports of impaired advanced practice
registered nurses | 24 | | shall not be considered records within
the meaning of the | 25 | | State Records Act and shall be
disposed of, following a | 26 | | determination by the
Board
that such reports are no longer |
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| 1 | | required, in a manner and
at an appropriate time as the | 2 | | Board shall determine by rule.
The filing of reports | 3 | | submitted under this subsection shall be construed as the
| 4 | | filing of a report for purposes of subsection (c) of this
| 5 | | Section.
| 6 | | (2) Professional Associations. The President or
chief | 7 | | executive officer of an association or society of
persons | 8 | | licensed under this Article, operating within
this State, | 9 | | shall report to the Board when the
association or society | 10 | | renders a final determination that
a person licensed under | 11 | | this Article has committed unprofessional conduct
related
| 12 | | directly to patient care or that a person may have a mental | 13 | | or physical disability that may endanger
patients under the | 14 | | person's care.
| 15 | | (3) Professional Liability Insurers. Every
insurance | 16 | | company that offers policies of professional
liability | 17 | | insurance to persons licensed under this
Article, or any | 18 | | other entity that seeks to indemnify the
professional | 19 | | liability of a person licensed under this
Article, shall | 20 | | report to the Board the settlement of
any claim or cause of | 21 | | action, or final judgment rendered
in any cause of action, | 22 | | that alleged negligence in the
furnishing of patient care | 23 | | by the licensee when
the settlement or final judgment is in | 24 | | favor of the
plaintiff.
| 25 | | (4) State's Attorneys. The State's Attorney of each
| 26 | | county shall report to the Board all instances in
which a |
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| 1 | | person licensed under this Article is convicted
or | 2 | | otherwise found guilty of the commission of a
felony.
| 3 | | (5) State Agencies. All agencies, boards,
commissions, | 4 | | departments, or other instrumentalities of
the government | 5 | | of this State shall report to
the Board any instance | 6 | | arising in connection with
the operations of the agency, | 7 | | including the
administration of any law by the agency, in | 8 | | which a
person licensed under this Article has either | 9 | | committed
an act or acts that may constitute a violation of | 10 | | this Article,
that may constitute unprofessional conduct | 11 | | related
directly to patient care, or that indicates that a | 12 | | person
licensed under this Article may have a mental or | 13 | | physical disability that may endanger patients under
that | 14 | | person's care.
| 15 | | (b) Mandatory Reporting. All reports required under items
| 16 | | (16) and (17) of subsection (a) of Section 70-5 shall
be | 17 | | submitted to
the
Board in a timely fashion. The reports shall | 18 | | be filed in writing
within
60 days after a determination that a | 19 | | report is required
under this Article. All reports shall | 20 | | contain the following
information:
| 21 | | (1) The name, address, and telephone number of the
| 22 | | person making the report.
| 23 | | (2) The name, address, and telephone number of the
| 24 | | person who is the subject of the report.
| 25 | | (3) The name or other means of identification of any
| 26 | | patient or patients whose treatment is a subject of the
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| 1 | | report, except that no medical records may be
revealed | 2 | | without the written consent of the patient or
patients.
| 3 | | (4) A brief description of the facts that gave rise
to | 4 | | the issuance of the report, including but not limited to | 5 | | the dates of any
occurrences deemed to necessitate the | 6 | | filing of the
report.
| 7 | | (5) If court action is involved, the identity of the
| 8 | | court in which the action is filed, the docket
number, and | 9 | | date of filing of the action.
| 10 | | (6) Any further pertinent information that the
| 11 | | reporting party deems to be an aid in the evaluation of
the | 12 | | report.
| 13 | | Nothing contained in this Section shall be construed
to in | 14 | | any way waive or modify the confidentiality of
medical reports | 15 | | and committee reports to the extent
provided by law. Any | 16 | | information reported or disclosed
shall be kept for the | 17 | | confidential use of the Board,
the Board's attorneys, the | 18 | | investigative staff, and
authorized clerical staff and shall be | 19 | | afforded the
same status as is provided information concerning | 20 | | medical
studies in Part 21 of Article VIII of the Code of Civil
| 21 | | Procedure.
| 22 | | (c) Immunity from Prosecution. An individual or
| 23 | | organization acting in good faith, and not in a wilful and
| 24 | | wanton manner, in complying with this Section by providing
a | 25 | | report or other information to the Board, by
assisting in the | 26 | | investigation or preparation of a report or
information, by |
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| 1 | | participating in proceedings of the
Board, or by serving as a | 2 | | member of the Board shall not, as
a result of such actions, be | 3 | | subject to criminal prosecution
or civil damages.
| 4 | | (d) Indemnification. Members of the Board, the
Board's | 5 | | attorneys, the investigative staff, advanced
practice | 6 | | registered nurses or physicians retained under
contract to | 7 | | assist and advise in the investigation, and
authorized clerical | 8 | | staff shall be indemnified by the State
for any actions (i) | 9 | | occurring within the scope of services on the
Board, (ii) | 10 | | performed in good faith, and (iii) not wilful and wanton in
| 11 | | nature. The Attorney General shall defend all actions taken | 12 | | against those
persons
unless he or she determines either that | 13 | | there would be a
conflict of interest in the representation or | 14 | | that the
actions complained of were not performed in good faith | 15 | | or were wilful
and wanton in nature. If the Attorney General | 16 | | declines
representation, the member shall have the right to | 17 | | employ
counsel of his or her choice, whose fees shall be | 18 | | provided by
the State, after approval by the Attorney General, | 19 | | unless
there is a determination by a court that the member's | 20 | | actions
were not performed in good faith or were wilful and | 21 | | wanton in nature. The
member
shall notify the Attorney General | 22 | | within 7 days of receipt of
notice of the initiation of an | 23 | | action involving services of
the Board. Failure to so notify | 24 | | the Attorney General
shall constitute an absolute waiver of the | 25 | | right to a defense
and indemnification. The Attorney General | 26 | | shall determine
within 7 days after receiving the notice |
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| 1 | | whether he or she
will undertake to represent the member.
| 2 | | (e) Deliberations of Board. Upon the receipt of a
report | 3 | | called for by this Section, other than those reports
of | 4 | | impaired persons licensed under this Article
required
pursuant | 5 | | to the rules of the Board, the Board shall
notify in writing by | 6 | | certified mail the person who is the
subject of the report. The | 7 | | notification shall be made
within 30 days of receipt by the | 8 | | Board of the report.
The notification shall include a written | 9 | | notice setting forth
the person's right to examine the report. | 10 | | Included in the
notification shall be the address at which the | 11 | | file is
maintained, the name of the custodian of the reports, | 12 | | and the
telephone number at which the custodian may be reached. | 13 | | The
person who is the subject of the report shall submit a
| 14 | | written statement responding to, clarifying, adding to, or
| 15 | | proposing to amend the report previously filed. The
statement | 16 | | shall become a permanent part of the file and shall
be received | 17 | | by the Board no more than 30 days after the
date on which the | 18 | | person was notified of the existence of the
original report. | 19 | | The
Board shall review all reports
received by it and any | 20 | | supporting information and
responding statements submitted by | 21 | | persons who are the
subject of reports. The review by the
Board | 22 | | shall be in
a timely manner but in no event shall the
Board's
| 23 | | initial review of the material contained in each disciplinary
| 24 | | file be less than 61 days nor more than 180 days after the
| 25 | | receipt of the initial report by the Board. When the
Board | 26 | | makes its initial review of the materials
contained within its |
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| 1 | | disciplinary files, the Board
shall, in writing, make a | 2 | | determination as to whether there
are sufficient facts to | 3 | | warrant further investigation or
action. Failure to make that | 4 | | determination within the time
provided shall be deemed to be a | 5 | | determination that there are
not sufficient facts to warrant | 6 | | further investigation or
action. Should the Board find that | 7 | | there are not
sufficient facts to warrant further investigation | 8 | | or action,
the report shall be accepted for filing and the | 9 | | matter shall
be deemed closed and so reported. The individual | 10 | | or entity
filing the original report or complaint and the | 11 | | person who is
the subject of the report or complaint shall be | 12 | | notified in
writing by the
Board of any final action on their | 13 | | report
or complaint.
| 14 | | (f) Summary Reports. The Board shall prepare, on a
timely | 15 | | basis, but in no event less than one every other
month, a | 16 | | summary report of final actions taken upon
disciplinary files | 17 | | maintained by the Board. The summary
reports shall be made | 18 | | available to the public upon request and payment of the fees | 19 | | set by the Department. This publication may be made available | 20 | | to the public on the Department's Internet website.
| 21 | | (g) Any violation of this Section shall constitute a Class | 22 | | A
misdemeanor.
| 23 | | (h) If a person violates the provisions of this
Section, an | 24 | | action may be brought in the name of the People of
the State of | 25 | | Illinois, through the Attorney General of the
State of | 26 | | Illinois, for an order enjoining the violation or
for an order |
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| 1 | | enforcing compliance with this Section. Upon
filing of a | 2 | | verified petition in court, the court may
issue a temporary | 3 | | restraining order without notice or bond
and may preliminarily | 4 | | or permanently enjoin the violation,
and if it is established | 5 | | that the person has violated or is
violating the injunction, | 6 | | the court may punish the offender
for contempt of court. | 7 | | Proceedings under this subsection
shall be in addition to, and | 8 | | not in lieu of, all other
remedies and penalties provided for | 9 | | by this Section.
| 10 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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