Full Text of SB0339 100th General Assembly
SB0339sam001 100TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 2/27/2018
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| 1 | | AMENDMENT TO SENATE BILL 339
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 339 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Nurse Practice Act is amended by changing | 5 | | Sections 50-10, 50-75, and 60-35 and by adding Section 80-65 as | 6 | | follows:
| 7 | | (225 ILCS 65/50-10)
(was 225 ILCS 65/5-10)
| 8 | | (Section scheduled to be repealed on January 1, 2028)
| 9 | | Sec. 50-10. Definitions. Each of the following terms, when | 10 | | used
in this Act, shall have the meaning ascribed to it in this | 11 | | Section, except
where the context clearly indicates otherwise:
| 12 | | "Academic year" means the customary annual schedule of | 13 | | courses at a
college, university, or approved school, | 14 | | customarily regarded as the school
year as distinguished from | 15 | | the calendar year.
| 16 | | "Address of record" means the designated address recorded |
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| 1 | | by the Department in the applicant's or licensee's application | 2 | | file or license file as maintained by the Department's | 3 | | licensure maintenance unit. | 4 | | "Advanced practice registered nurse" or "APRN" means a | 5 | | person who has met the qualifications for a (i) certified nurse | 6 | | midwife (CNM); (ii) certified nurse practitioner (CNP); (iii) | 7 | | certified registered nurse anesthetist (CRNA); or (iv) | 8 | | clinical nurse specialist (CNS) and has been licensed by the | 9 | | Department. All advanced practice registered nurses licensed | 10 | | and practicing in the State of Illinois shall use the title | 11 | | APRN and may use specialty credentials CNM, CNP, CRNA, or CNS | 12 | | after their name. All advanced practice registered nurses may | 13 | | only practice in accordance with national certification and | 14 | | this Act.
| 15 | | "Advisory Board" means the Illinois Nursing Workforce | 16 | | Center Advisory Board. | 17 | | "Approved program of professional nursing education" and | 18 | | "approved
program of practical nursing education" are programs | 19 | | of professional or
practical nursing, respectively, approved | 20 | | by the Department under the
provisions of this Act.
| 21 | | "Board" means the Board of Nursing appointed by the | 22 | | Secretary. | 23 | | "Center" means the Illinois Nursing Workforce Center. | 24 | | "Collaboration" means a process involving 2 or more health | 25 | | care professionals working together, each contributing one's | 26 | | respective area of expertise to provide more comprehensive |
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| 1 | | patient care. | 2 | | "Competence" means an expected and measurable level of | 3 | | performance that integrates knowledge, skills, abilities, and | 4 | | judgment based on established scientific knowledge and | 5 | | expectations for nursing practice. | 6 | | "Comprehensive nursing assessment" means the gathering of | 7 | | information about the patient's physiological, psychological, | 8 | | sociological, and spiritual status on an ongoing basis by a | 9 | | registered professional nurse and is the first step in | 10 | | implementing and guiding the nursing plan of care. | 11 | | "Consultation" means the process whereby an advanced | 12 | | practice registered nurse seeks the advice or opinion of | 13 | | another health care professional. | 14 | | "Credentialed" means the process of assessing and | 15 | | validating the qualifications of a health care professional. | 16 | | "Dentist" means a person licensed to practice dentistry | 17 | | under the Illinois Dental Practice Act. | 18 | | "Department" means the Department of Financial and | 19 | | Professional Regulation. | 20 | | "Email address of record" means the designated email | 21 | | address recorded by the Department in the applicant's | 22 | | application file or the licensee's license file, as maintained | 23 | | by the Department's licensure maintenance unit. | 24 | | "Focused nursing assessment" means an appraisal of an | 25 | | individual's status and current situation, contributing to the | 26 | | comprehensive nursing assessment performed by the registered |
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| 1 | | professional nurse or advanced practice registered nurse or the | 2 | | assessment by the physician assistant, physician, dentist, | 3 | | podiatric physician, or other licensed health care | 4 | | professional, as determined by the Department, supporting | 5 | | ongoing data collection, and deciding who needs to be informed | 6 | | of the information and when to inform. | 7 | | " Full practice authority" means the authority of an | 8 | | advanced practice registered nurse licensed in Illinois and | 9 | | certified as a nurse practitioner, clinical nurse specialist, | 10 | | or nurse midwife to practice without a written collaborative | 11 | | agreement and: | 12 | | (1) to be fully accountable to patients for the quality | 13 | | of advanced nursing care rendered; | 14 | | (2) to be fully accountable for recognizing limits of | 15 | | knowledge and experience and for planning for the | 16 | | management of situations beyond the advanced practice | 17 | | registered nurse's expertise; the full practice authority | 18 | | for advanced practice registered nurses includes accepting | 19 | | referrals from, consulting with, collaborating with, or | 20 | | referring to other health care professionals as warranted | 21 | | by the needs of the patient; and | 22 | | (3) to possess the authority to prescribe medications, | 23 | | including Schedule II through V controlled substances, as | 24 | | provided in Section 65-43. | 25 | | "Hospital affiliate" means a corporation, partnership, | 26 | | joint venture, limited liability company, or similar |
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| 1 | | organization, other than a hospital, that is devoted primarily | 2 | | to the provision, management, or support of health care | 3 | | services and that directly or indirectly controls, is | 4 | | controlled by, or is under common control of the hospital. For | 5 | | the purposes of this definition, "control" means having at | 6 | | least an equal or a majority ownership or membership interest. | 7 | | A hospital affiliate shall be 100% owned or controlled by any | 8 | | combination of hospitals, their parent corporations, or | 9 | | physicians licensed to practice medicine in all its branches in | 10 | | Illinois. "Hospital affiliate" does not include a health | 11 | | maintenance organization regulated under the Health | 12 | | Maintenance Organization Act. | 13 | | "Impaired nurse" means a nurse licensed under this Act who | 14 | | is unable to practice with reasonable skill and safety because | 15 | | of a physical or mental disability as evidenced by a written | 16 | | determination or written consent based on clinical evidence, | 17 | | including loss of motor skills, abuse of drugs or alcohol, or a | 18 | | psychiatric disorder, of sufficient degree to diminish his or | 19 | | her ability to deliver competent patient care. | 20 | | "License-pending advanced practice registered nurse" means | 21 | | a registered professional nurse who has completed all | 22 | | requirements for licensure as an advanced practice registered | 23 | | nurse except the certification examination and has applied to | 24 | | take the next available certification exam and received a | 25 | | temporary permit from the Department. | 26 | | "License-pending registered nurse" means a person who has |
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| 1 | | passed the Department-approved registered nurse licensure exam | 2 | | and has applied for a license from the Department. A | 3 | | license-pending registered nurse shall use the title "RN lic | 4 | | pend" on all documentation related to nursing practice. | 5 | | "Nursing intervention" means any treatment based on | 6 | | clinical nursing judgment or knowledge that a nurse performs. | 7 | | An individual or entity shall not mandate that a registered | 8 | | professional nurse delegate nursing interventions if the | 9 | | registered professional nurse determines it is inappropriate | 10 | | to do so. A nurse shall not be subject to disciplinary or any | 11 | | other adverse action for refusing to delegate a nursing | 12 | | intervention based on patient safety. | 13 | | "Physician" means a person licensed to practice medicine in | 14 | | all its branches under the Medical Practice Act of 1987. | 15 | | "Podiatric physician" means a person licensed to practice | 16 | | podiatry under the Podiatric Medical Practice Act of 1987.
| 17 | | "Practical nurse" or "licensed practical nurse" means a | 18 | | person who is
licensed as a practical nurse under this Act and | 19 | | practices practical
nursing as defined in this Act. Only a | 20 | | practical nurse
licensed under this Act is entitled to use the | 21 | | title "licensed practical
nurse" and the abbreviation | 22 | | "L.P.N.".
| 23 | | "Practical nursing" means the performance of
nursing | 24 | | interventions requiring the nursing knowledge, judgment, and | 25 | | skill
acquired by means of completion of an approved practical | 26 | | nursing education
program. Practical nursing includes |
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| 1 | | assisting in the nursing process under the guidance of a | 2 | | registered professional nurse or an advanced practice | 3 | | registered nurse. The
practical nurse may work under the | 4 | | direction of a licensed physician, dentist, podiatric | 5 | | physician, or other health care professional determined by the | 6 | | Department.
| 7 | | "Privileged" means the authorization granted by the | 8 | | governing body of a healthcare facility, agency, or | 9 | | organization to provide specific patient care services within | 10 | | well-defined limits, based on qualifications reviewed in the | 11 | | credentialing process.
| 12 | | "Registered Nurse" or "Registered Professional Nurse" | 13 | | means a person
who is licensed as a professional nurse under | 14 | | this Act and practices
nursing as defined in
this Act. Only a | 15 | | registered
nurse licensed under this Act is entitled to use the
| 16 | | titles "registered nurse" and "registered professional nurse" | 17 | | and the
abbreviation, "R.N.".
| 18 | | "Registered professional nursing practice" means a | 19 | | scientific process founded on a professional body of knowledge | 20 | | that includes, but is not limited to, the protection, | 21 | | promotion, and optimization of health and abilities, | 22 | | prevention of illness and injury, the administration of | 23 | | medications and treatments prescribed by a physician, dentist, | 24 | | podiatric physician, licensed optometrist, physician | 25 | | assistant, or advanced practice registered nurse, development | 26 | | and implementation of the nursing plan of care, facilitation of |
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| 1 | | nursing interventions to alleviate suffering, care | 2 | | coordination, and advocacy in the care of individuals, | 3 | | families, groups, communities, and populations. "Registered | 4 | | professional nursing practice" does not include the act of | 5 | | medical diagnosis or prescription of medical therapeutic or | 6 | | corrective measures.
| 7 | | "Professional assistance program for nurses" means a | 8 | | professional
assistance program that meets criteria | 9 | | established by the Board of Nursing
and approved by the | 10 | | Secretary, which provides a non-disciplinary treatment
| 11 | | approach for nurses licensed under this Act whose ability to | 12 | | practice is
compromised by alcohol or chemical substance | 13 | | addiction.
| 14 | | "Secretary" means the Secretary of Financial and | 15 | | Professional Regulation. | 16 | | "Selected nursing task" means work that does not require | 17 | | nursing knowledge, judgment, or decision making that may be | 18 | | delegated if the delegating registered nurse: | 19 | | (1) assesses that the specific task delegated can be | 20 | | safely carried out by the person the professional | 21 | | registered nurse delegates such work to; | 22 | | (2) assesses such delegation is safe for the individual | 23 | | patient or client receiving that care of a selected nursing | 24 | | task; and | 25 | | (3) delegation of a selected nursing task complies as | 26 | | defined by the Department by rule. |
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| 1 | | "Task" means work that does not require nursing knowledge, | 2 | | judgment, or decision making, as defined by the Department by | 3 | | rule. | 4 | | "Unencumbered license" means a license issued in good | 5 | | standing. | 6 | | "Written collaborative agreement" means a written | 7 | | agreement between an advanced practice registered nurse and a | 8 | | collaborating physician, dentist, or podiatric physician | 9 | | pursuant to Section 65-35.
| 10 | | (Source: P.A. 99-173, eff. 7-29-15; 99-330, eff. 1-1-16; | 11 | | 99-642, eff. 7-28-16; 100-513, eff. 1-1-18 .)
| 12 | | (225 ILCS 65/50-75) | 13 | | (Section scheduled to be repealed on January 1, 2028)
| 14 | | Sec. 50-75. Nursing delegation by a registered | 15 | | professional nurse. | 16 | | (a) For the purposes of this Section: | 17 | | "Delegation" means transferring to a specific individual | 18 | | the authority to perform a specific nursing intervention in a | 19 | | specific situation. | 20 | | "Predictability of outcomes" means that a registered | 21 | | professional nurse or advanced practice registered nurse has | 22 | | determined that the patient's or individual's clinical status | 23 | | is stable and expected to improve or the patient's or | 24 | | individual's deteriorating condition is expected to follow a | 25 | | known or expected course. |
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| 1 | | "Stability" means a registered professional nurse or | 2 | | advanced practice registered nurse has determined that the | 3 | | individual's clinical status and nursing care needs are | 4 | | consistent. | 5 | | (b) This Section authorizes a registered professional | 6 | | nurse or advanced practice registered nurse to: | 7 | | (1) delegate tasks and nursing interventions to other | 8 | | registered professional nurses, licensed practical nurses, | 9 | | and other unlicensed personnel based on the comprehensive | 10 | | nursing assessment that includes, but is not limited to: | 11 | | (A) the stability and condition of the patient; | 12 | | (B) the potential for harm; | 13 | | (C) the complexity of the nursing intervention to | 14 | | be delegated; | 15 | | (D) the predictability of outcomes; and | 16 | | (E) competency of the individual to whom the | 17 | | nursing intervention is delegated; | 18 | | (2) delegate medication administration to other | 19 | | licensed nurses; | 20 | | (3) in community-based or in-home care settings, | 21 | | delegate tasks and selected nursing tasks, as defined by | 22 | | the Department by rule, which may include delegating | 23 | | delegate the administration of medication (limited to oral | 24 | | or subcutaneous dosage and topical or transdermal | 25 | | application) to unlicensed personnel, if all the | 26 | | conditions for delegation set forth in this Section are |
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| 1 | | met; | 2 | | (4) refuse to delegate, stop, or rescind a previously | 3 | | authorized delegation; or | 4 | | (5) in community-based or in-home care settings, | 5 | | delegate, guide, and evaluate the implementation of | 6 | | nursing interventions as a component of patient care | 7 | | coordination after completion of the comprehensive patient | 8 | | assessment based on analysis of the comprehensive nursing | 9 | | assessment data; care coordination in in-home care and | 10 | | school settings may occur in person, by telecommunication, | 11 | | or by electronic communication. | 12 | | (c) This Section prohibits the following: | 13 | | (1) An individual or entity from mandating that a | 14 | | registered professional nurse delegate nursing | 15 | | interventions , tasks, or selected nursing tasks if the | 16 | | registered professional nurse determines it is | 17 | | inappropriate to do so. Nurses shall not be subject to | 18 | | disciplinary or any other adverse action for refusing to | 19 | | delegate a nursing intervention based on patient safety. | 20 | | (2) A registered professional nurse from the The | 21 | | delegation of medication administration to unlicensed | 22 | | personnel in any institutional or long-term facility, | 23 | | including, but not limited to, those facilities licensed by | 24 | | the Hospital Licensing Act, the University of Illinois | 25 | | Hospital Act, State-operated mental health hospitals, or | 26 | | State-operated developmental centers, except as authorized |
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| 1 | | under Article 80 of this Act or otherwise specifically | 2 | | authorized by law. | 3 | | (3) A registered professional nurse from delegating | 4 | | nursing judgment, the comprehensive patient assessment, | 5 | | the development of a plan of care, and the evaluation of | 6 | | care to licensed or unlicensed personnel. | 7 | | (4) A licensed practical nurse or unlicensed personnel | 8 | | who has been delegated a nursing intervention by a | 9 | | registered professional nurse from re-delegating that a | 10 | | nursing intervention.
| 11 | | (5) An unlicensed personnel who has been delegated a | 12 | | task or selected nursing task by a registered professional | 13 | | nurse from re-delegating that task or selected nursing | 14 | | task. | 15 | | (Source: P.A. 100-513, eff. 1-1-18 .) | 16 | | (225 ILCS 65/60-35) | 17 | | (Section scheduled to be repealed on January 1, 2028)
| 18 | | Sec. 60-35. RN scope of practice. The RN scope of nursing | 19 | | practice is the protection, promotion, and optimization of | 20 | | health and abilities, the prevention of illness and injury, the | 21 | | development and implementation of the nursing plan of care, the | 22 | | facilitation of nursing interventions to alleviate suffering, | 23 | | care coordination, and advocacy in the care of individuals, | 24 | | families, groups, communities, and populations. Practice as a | 25 | | registered professional nurse means this full scope of nursing, |
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| 1 | | with or without compensation, that incorporates caring for all | 2 | | patients in all settings, through nursing standards of practice | 3 | | and professional performance for coordination of care, and may | 4 | | include, but is not limited to, all of the following: | 5 | | (1) Collecting pertinent data and information relative | 6 | | to the patient's health or the situation on an ongoing | 7 | | basis through the comprehensive nursing assessment. | 8 | | (2) Analyzing comprehensive nursing assessment data to | 9 | | determine actual or potential diagnoses, problems, and | 10 | | issues. | 11 | | (3) Identifying expected outcomes for a plan | 12 | | individualized to the patient or the situation that | 13 | | prescribes strategies to attain expected, measurable | 14 | | outcomes. | 15 | | (4) Implementing the identified plan, coordinating | 16 | | care delivery, employing strategies to promote healthy and | 17 | | safe environments, and administering or delegating | 18 | | medication administration according to Section 50-75 of | 19 | | this Act. | 20 | | (5) Evaluating patient progress toward attainment of | 21 | | goals and outcomes. | 22 | | (6) Delegating tasks, nursing interventions , and | 23 | | selected nursing tasks to implement the plan of care. | 24 | | (7) Providing health education and counseling. | 25 | | (7.5) Advocating for the patient. | 26 | | (8) Practicing ethically according to the American |
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| 1 | | Nurses Association Code of Ethics. | 2 | | (9) Practicing in a manner that recognizes cultural | 3 | | diversity. | 4 | | (10) Communicating effectively in all areas of | 5 | | practice. | 6 | | (11) Collaborating with patients and other key | 7 | | stakeholders in the conduct of nursing practice. | 8 | | (12) Participating in continuous professional | 9 | | development. | 10 | | (13) Teaching the theory and practice of nursing to | 11 | | student nurses. | 12 | | (14) Leading within the professional practice setting | 13 | | and the profession. | 14 | | (15) Contributing to quality nursing practice. | 15 | | (16) Integrating evidence and research findings into | 16 | | practice. | 17 | | (17) Utilizing appropriate resources to plan, provide, | 18 | | and sustain evidence-based nursing services that are safe | 19 | | and effective.
| 20 | | (Source: P.A. 100-513, eff. 1-1-18 .) | 21 | | (225 ILCS 65/80-65 new) | 22 | | Sec. 80-65. Repeal. This Article is scheduled to be | 23 | | repealed on June 30, 2019. ".
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