HB0559eng 103RD GENERAL ASSEMBLY



 


 
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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Health Care
5Workforce Reinforcement Act.
 
6    Section 5. The Department of Professional Regulation Law
7of the Civil Administrative Code of Illinois is amended by
8changing Section 2105-400 as follows:
 
9    (20 ILCS 2105/2105-400)
10    Sec. 2105-400. Emergency powers.
11    (a) Upon proclamation of a disaster by the Governor, as
12provided for in the Illinois Emergency Management Agency Act,
13the Secretary of Financial and Professional Regulation shall
14have the following powers, which shall be exercised only in
15coordination with the Illinois Emergency Management Agency and
16the Department of Public Health:
17        (1) The power to suspend the requirements for
18    permanent or temporary licensure of persons who are
19    licensed in another state and are working under the
20    direction of the Illinois Emergency Management Agency and
21    the Department of Public Health pursuant to a declared
22    disaster.

 

 

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1        (2) The power to modify the scope of practice
2    restrictions under any licensing act administered by the
3    Department for any person working under the direction of
4    the Illinois Emergency Management Agency and the Illinois
5    Department of Public Health pursuant to the declared
6    disaster.
7        (3) The power to expand the exemption in Section 4(a)
8    of the Pharmacy Practice Act to those licensed
9    professionals whose scope of practice has been modified,
10    under paragraph (2) of subsection (a) of this Section, to
11    include any element of the practice of pharmacy as defined
12    in the Pharmacy Practice Act for any person working under
13    the direction of the Illinois Emergency Management Agency
14    and the Illinois Department of Public Health pursuant to
15    the declared disaster.
16    (b) Persons exempt from licensure under paragraph (1) of
17subsection (a) of this Section and persons operating under
18modified scope of practice provisions under paragraph (2) of
19subsection (a) of this Section shall be exempt from licensure
20or be subject to modified scope of practice only until the
21declared disaster has ended as provided by law. For purposes
22of this Section, persons working under the direction of an
23emergency services and disaster agency accredited by the
24Illinois Emergency Management Agency and a local public health
25department, pursuant to a declared disaster, shall be deemed
26to be working under the direction of the Illinois Emergency

 

 

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1Management Agency and the Department of Public Health.
2    (c) The Secretary or the Director, as his or her designee,
3shall exercise these powers by way of proclamation.
4    (d) Any person who was issued a temporary out-of-state
5permit by the Department pursuant to a proclamation issued by
6the Secretary or related action by the Director in response to
7the COVID-19 pandemic may continue to practice under his or
8her temporary out-of-state permit if he or she submits an
9application for licensure by endorsement to the Department on
10or before May 11, 2023. Any such person may continue to
11practice under his or her temporary out-of-state permit until
12the Department issues the license or denies the application,
13at which time the temporary out-of-state permit shall expire.
14If the Department does not issue the license or does not deny
15the application by May 11, 2024, the temporary out-of-state
16permit shall expire. If the person holding a temporary
17out-of-state permit does not submit an application for
18licensure by endorsement to the Department on or before May
1911, 2023, the temporary out-of-state COVID permit shall expire
20on that date. The Secretary may extend the May 11, 2023
21deadline under this subsection for an additional 60 days. This
22subsection applies to the following licensed professions:
23physician; registered nurse; practical nurse; advanced
24practice registered nurse; full practice advanced practice
25registered nurse; pharmacist; occupational therapist;
26occupational therapy assistant; physical therapist; physical

 

 

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1therapist assistant; clinical psychologist; physician
2assistant; clinical social worker; social worker; dietitian
3nutritionist; professional counselor; clinical professional
4counselor; and respiratory care practitioner.
5    (e) Any person who was issued a temporary reinstatement
6permit by the Department pursuant to a proclamation issued by
7the Secretary or related action by the Director in response to
8the COVID-19 pandemic may continue to practice under his or
9her temporary reinstatement permit if he or she submits an
10application for restoration or reinstatement of his or her
11license to the Department on or before May 11, 2023. Any such
12person may continue to practice under his or her temporary
13reinstatement permit until the Department restores or
14reinstates the license or denies the application, at which
15time the temporary reinstatement permit shall expire. If the
16Department does not restore or reinstate the license or does
17not deny the application by May 11, 2024, the temporary
18reinstatement permit shall expire. If the person holding a
19temporary reinstatement permit does not submit an application
20for restoration or reinstatement to the Department on or
21before May 11, 2023, the temporary reinstatement permit shall
22expire on that date. The Secretary may extend the May 11, 2023
23deadline under this subsection for an additional 60 days. This
24subsection applies to the following licensed professions:
25physician; registered nurse; practical nurse; advanced
26practice registered nurse; full practice advanced practice

 

 

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1registered nurse; pharmacist; occupational therapist;
2occupational therapy assistant; physical therapist; physical
3therapist assistant; clinical psychologist; physician
4assistant; clinical social worker; social worker; dietitian
5nutritionist; professional counselor; clinical professional
6counselor; and respiratory care practitioner.
7(Source: P.A. 99-227, eff. 8-3-15.)
 
8    Section 10. The Assisted Living and Shared Housing Act is
9amended by changing Sections 40 and 110 as follows:
 
10    (210 ILCS 9/40)
11    Sec. 40. Probationary licenses. If the applicant has not
12been previously licensed under this Act or if the
13establishment is not in operation at the time the application
14is made and if the Department determines that the applicant
15meets the licensure requirements of this Act, the Department
16shall issue a probationary license. A probationary license
17shall be valid for 120 days unless sooner suspended or
18revoked. Within 30 days prior to the termination of a
19probationary license, the Department shall fully and
20completely review the establishment and, if the establishment
21meets the applicable requirements for licensure, shall issue a
22license, except that, during a statewide public health
23emergency, as defined in the Illinois Emergency Management
24Agency Act, the Department shall fully and completely review

 

 

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1the establishment to the extent feasible. If the Department
2finds that the establishment does not meet the requirements
3for licensure, but has made substantial progress toward
4meeting those requirements, the license may be renewed once
5for a period not to exceed 120 days from the expiration date of
6the initial probationary license.
7(Source: P.A. 93-1003, eff. 8-23-04.)
 
8    (210 ILCS 9/110)
9    Sec. 110. Powers and duties of the Department.
10    (a) The Department shall conduct an annual unannounced
11on-site visit at each assisted living and shared housing
12establishment to determine compliance with applicable
13licensure requirements and standards, except that, during a
14statewide public health emergency, as defined in the Illinois
15Emergency Management Agency Act, the Department shall conduct
16on-site reviews and annual unannounced on-site visits to the
17extent feasible. Additional visits may be conducted without
18prior notice to the assisted living or shared housing
19establishment.
20    (b) Upon receipt of information that may indicate the
21failure of the assisted living or shared housing establishment
22or a service provider to comply with a provision of this Act,
23the Department shall investigate the matter or make
24appropriate referrals to other government agencies and
25entities having jurisdiction over the subject matter of the

 

 

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1possible violation. The Department may also make referrals to
2any public or private agency that the Department considers
3available for appropriate assistance to those involved. The
4Department may oversee and coordinate the enforcement of State
5consumer protection policies affecting residents residing in
6an establishment licensed under this Act.
7    (c) The Department shall establish by rule complaint
8receipt, investigation, resolution, and involuntary residency
9termination procedures. Resolution procedures shall provide
10for on-site review and evaluation of an assisted living or
11shared housing establishment found to be in violation of this
12Act within a specified period of time based on the gravity and
13severity of the violation and any pervasive pattern of
14occurrences of the same or similar violations.
15    (d) (Blank).
16    (e) The Department shall by rule establish penalties and
17sanctions, which shall include, but need not be limited to,
18the creation of a schedule of graduated penalties and
19sanctions to include closure.
20    (f) The Department shall by rule establish procedures for
21disclosure of information to the public, which shall include,
22but not be limited to, ownership, licensure status, frequency
23of complaints, disposition of substantiated complaints, and
24disciplinary actions.
25    (g) (Blank).
26    (h) Beginning January 1, 2000, the Department shall begin

 

 

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1drafting rules necessary for the administration of this Act.
2(Source: P.A. 96-975, eff. 7-2-10.)
 
3    Section 15. The Nursing Home Care Act is amended by
4changing Sections 3-102.2, 3-116, 3-202.5, 3-202.6, 3-206, and
53-702 as follows:
 
6    (210 ILCS 45/3-102.2)
7    Sec. 3-102.2. Supported congregate living arrangement
8demonstration. The Illinois Department may grant no more than
93 waivers from the requirements of this Act for facilities
10participating in the supported congregate living arrangement
11demonstration. A joint waiver request must be made by an
12applicant and the Department on Aging. If the Department on
13Aging does not act upon an application within 60 days, the
14applicant may submit a written waiver request on its own
15behalf. The waiver request must include a specific program
16plan describing the types of residents to be served and the
17services that will be provided in the facility. The Department
18shall conduct an on-site review at each facility annually or
19as often as necessary to ascertain compliance with the program
20plan, except that, during a statewide public health emergency,
21as defined in the Illinois Emergency Management Agency Act,
22the Department shall conduct on-site reviews and annual
23unannounced on-site visits to the extent feasible. The
24Department may revoke the waiver if it determines that the

 

 

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1facility is not in compliance with the program plan. Nothing
2in this Section prohibits the Department from conducting
3complaint investigations.
4     A facility granted a waiver under this Section is not
5subject to the Illinois Health Facilities Planning Act, unless
6it subsequently applies for a certificate of need to convert
7to a nursing facility. A facility applying for conversion
8shall meet the licensure and certificate of need requirements
9in effect as of the date of application, and this provision may
10not be waived.
11(Source: P.A. 89-530, eff. 7-19-96.)
 
12    (210 ILCS 45/3-116)  (from Ch. 111 1/2, par. 4153-116)
13    Sec. 3-116. If the applicant has not been previously
14licensed or if the facility is not in operation at the time
15application is made, the Department shall issue only a
16probationary license. A probationary license shall be valid
17for 120 days unless sooner suspended or revoked under Section
183-119. Within 30 days prior to the termination of a
19probationary license, the Department shall fully and
20completely inspect the facility and, if the facility meets the
21applicable requirements for licensure, shall issue a license
22under Section 3-109, except that, during a statewide public
23health emergency, as defined in the Illinois Emergency
24Management Agency Act, the Department shall fully and
25completely inspect the establishment within appropriate time

 

 

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1frames to the extent feasible. If the Department finds that
2the facility does not meet the requirements for licensure but
3has made substantial progress toward meeting those
4requirements, the license may be renewed once for a period not
5to exceed 120 days from the expiration date of the initial
6probationary license.
7(Source: P.A. 81-223.)
 
8    (210 ILCS 45/3-202.5)
9    Sec. 3-202.5. Facility plan review; fees.
10    (a) Before commencing construction of a new facility or
11specified types of alteration or additions to an existing long
12term care facility involving major construction, as defined by
13rule by the Department, with an estimated cost greater than
14$100,000, architectural drawings and specifications for the
15facility shall be submitted to the Department for review and
16approval. A facility may submit architectural drawings and
17specifications for other construction projects for Department
18review according to subsection (b) that shall not be subject
19to fees under subsection (d). Review of drawings and
20specifications shall be conducted by an employee of the
21Department meeting the qualifications established by the
22Department of Central Management Services class specifications
23for such an individual's position or by a person contracting
24with the Department who meets those class specifications.
25Final approval of the drawings and specifications for

 

 

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1compliance with design and construction standards shall be
2obtained from the Department before the alteration, addition,
3or new construction is begun.
4    (b) The Department shall inform an applicant in writing
5within 10 working days after receiving drawings and
6specifications and the required fee, if any, from the
7applicant whether the applicant's submission is complete or
8incomplete. Failure to provide the applicant with this notice
9within 10 working days shall result in the submission being
10deemed complete for purposes of initiating the 60-day review
11period under this Section. If the submission is incomplete,
12the Department shall inform the applicant of the deficiencies
13with the submission in writing. If the submission is complete
14the required fee, if any, has been paid, the Department shall
15approve or disapprove drawings and specifications submitted to
16the Department no later than 60 days following receipt by the
17Department. The drawings and specifications shall be of
18sufficient detail, as provided by Department rule, to enable
19the Department to render a determination of compliance with
20design and construction standards under this Act. If the
21Department finds that the drawings are not of sufficient
22detail for it to render a determination of compliance, the
23plans shall be determined to be incomplete and shall not be
24considered for purposes of initiating the 60-day 60 day review
25period. If a submission of drawings and specifications is
26incomplete, the applicant may submit additional information.

 

 

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1The 60-day review period shall not commence until the
2Department determines that a submission of drawings and
3specifications is complete or the submission is deemed
4complete. If the Department has not approved or disapproved
5the drawings and specifications within 60 days, the
6construction, major alteration, or addition shall be deemed
7approved. If the drawings and specifications are disapproved,
8the Department shall state in writing, with specificity, the
9reasons for the disapproval. The entity submitting the
10drawings and specifications may submit additional information
11in response to the written comments from the Department or
12request a reconsideration of the disapproval. A final decision
13of approval or disapproval shall be made within 45 days of the
14receipt of the additional information or reconsideration
15request. If denied, the Department shall state the specific
16reasons for the denial.
17    (c) The Department shall provide written approval for
18occupancy pursuant to subsection (g) and shall not issue a
19violation to a facility as a result of a licensure or complaint
20survey based upon the facility's physical structure if:
21        (1) the Department reviewed and approved or deemed
22    approved the drawings and specifications for compliance
23    with design and construction standards;
24        (2) the construction, major alteration, or addition
25    was built as submitted;
26        (3) the law or rules have not been amended since the

 

 

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1    original approval; and
2        (4) the conditions at the facility indicate that there
3    is a reasonable degree of safety provided for the
4    residents.
5    (d) The Department shall charge the following fees in
6connection with its reviews conducted before June 30, 2004
7under this Section:
8        (1) (Blank).
9        (2) (Blank).
10        (3) If the estimated dollar value of the alteration,
11    addition, or new construction is $100,000 or more but less
12    than $500,000, the fee shall be the greater of $2,400 or
13    1.2% of that value.
14        (4) If the estimated dollar value of the alteration,
15    addition, or new construction is $500,000 or more but less
16    than $1,000,000, the fee shall be the greater of $6,000 or
17    0.96% of that value.
18        (5) If the estimated dollar value of the alteration,
19    addition, or new construction is $1,000,000 or more but
20    less than $5,000,000, the fee shall be the greater of
21    $9,600 or 0.22% of that value.
22        (6) If the estimated dollar value of the alteration,
23    addition, or new construction is $5,000,000 or more, the
24    fee shall be the greater of $11,000 or 0.11% of that value,
25    but shall not exceed $40,000.
26    The fees provided in this subsection (d) shall not apply

 

 

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1to major construction projects involving facility changes that
2are required by Department rule amendments.
3    The fees provided in this subsection (d) shall also not
4apply to major construction projects if 51% or more of the
5estimated cost of the project is attributed to capital
6equipment. For major construction projects where 51% or more
7of the estimated cost of the project is attributed to capital
8equipment, the Department shall by rule establish a fee that
9is reasonably related to the cost of reviewing the project.
10    The Department shall not commence the facility plan review
11process under this Section until the applicable fee has been
12paid.
13    (e) All fees received by the Department under this Section
14shall be deposited into the Health Facility Plan Review Fund,
15a special fund created in the State Treasury. All fees paid by
16long-term care facilities under subsection (d) shall be used
17only to cover the costs relating to the Department's review of
18long-term care facility projects under this Section. Moneys
19shall be appropriated from that Fund to the Department only to
20pay the costs of conducting reviews under this Section or
21under Section 3-202.5 of the ID/DD Community Care Act or
22Section 3-202.5 of the MC/DD Act. None of the moneys in the
23Health Facility Plan Review Fund shall be used to reduce the
24amount of General Revenue Fund moneys appropriated to the
25Department for facility plan reviews conducted pursuant to
26this Section.

 

 

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1    (f)(1) The provisions of this amendatory Act of 1997
2concerning drawings and specifications shall apply only to
3drawings and specifications submitted to the Department on or
4after October 1, 1997.
5    (2) On and after the effective date of this amendatory Act
6of 1997 and before October 1, 1997, an applicant may submit or
7resubmit drawings and specifications to the Department and pay
8the fees provided in subsection (d). If an applicant pays the
9fees provided in subsection (d) under this paragraph (2), the
10provisions of subsection (b) shall apply with regard to those
11drawings and specifications.
12    (g) The Department shall conduct an on-site inspection of
13the completed project no later than 30 days after notification
14from the applicant that the project has been completed and all
15certifications required by the Department have been received
16and accepted by the Department, except that, during a
17statewide public health emergency, as defined in the Illinois
18Emergency Management Agency Act, the Department shall conduct
19an on-site inspection of the completed project to the extent
20feasible. The Department shall provide written approval for
21occupancy to the applicant within 5 working days of the
22Department's final inspection, provided the applicant has
23demonstrated substantial compliance as defined by Department
24rule. Occupancy of new major construction is prohibited until
25Department approval is received, unless the Department has not
26acted within the time frames provided in this subsection (g),

 

 

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1in which case the construction shall be deemed approved.
2Occupancy shall be authorized after any required health
3inspection by the Department has been conducted.
4    (h) The Department shall establish, by rule, a procedure
5to conduct interim on-site review of large or complex
6construction projects.
7    (i) The Department shall establish, by rule, an expedited
8process for emergency repairs or replacement of like
9equipment.
10    (j) Nothing in this Section shall be construed to apply to
11maintenance, upkeep, or renovation that does not affect the
12structural integrity of the building, does not add beds or
13services over the number for which the long-term care facility
14is licensed, and provides a reasonable degree of safety for
15the residents.
16(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
 
17    (210 ILCS 45/3-202.6)
18    Sec. 3-202.6. Department of Veterans' Affairs facility
19plan review.
20    (a) Before commencing construction of a new facility or
21specified types of alteration or additions to an existing
22long-term care facility involving major construction, as
23defined by rule by the Department, with an estimated cost
24greater than $100,000, architectural drawings and
25specifications for the facility shall be submitted to the

 

 

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1Department for review. A facility may submit architectural
2drawings and specifications for other construction projects
3for Department review according to subsection (b) of this
4Section. Review of drawings and specifications shall be
5conducted by an employee of the Department meeting the
6qualifications established by the Department of Central
7Management Services class specifications for such an
8individual's position or by a person contracting with the
9Department who meets those class specifications.
10    (b) The Department shall inform an applicant in writing
11within 15 working days after receiving drawings and
12specifications from the applicant whether the applicant's
13submission is complete or incomplete. Failure to provide the
14applicant with this notice within 15 working days after
15receiving drawings and specifications from the applicant shall
16result in the submission being deemed complete for purposes of
17initiating the 60-working-day review period under this
18Section. If the submission is incomplete, the Department shall
19inform the applicant of the deficiencies with the submission
20in writing.
21    If the submission is complete, the Department shall
22approve or disapprove drawings and specifications submitted to
23the Department no later than 60 working days following receipt
24by the Department. The drawings and specifications shall be of
25sufficient detail, as provided by Department rule, to enable
26the Department to render a determination of compliance with

 

 

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1design and construction standards under this Act. If the
2Department finds that the drawings are not of sufficient
3detail for it to render a determination of compliance, the
4plans shall be determined to be incomplete and shall not be
5considered for purposes of initiating the 60-working-day
6review period. If a submission of drawings and specifications
7is incomplete, the applicant may submit additional
8information. The 60-working-day review period shall not
9commence until the Department determines that a submission of
10drawings and specifications is complete or the submission is
11deemed complete. If the Department has not approved or
12disapproved the drawings and specifications within 60 working
13days after receipt by the Department, the construction, major
14alteration, or addition shall be deemed approved. If the
15drawings and specifications are disapproved, the Department
16shall state in writing, with specificity, the reasons for the
17disapproval. The entity submitting the drawings and
18specifications may submit additional information in response
19to the written comments from the Department or request a
20reconsideration of the disapproval. A final decision of
21approval or disapproval shall be made within 45 working days
22after the receipt of the additional information or
23reconsideration request. If denied, the Department shall state
24the specific reasons for the denial.
25    (c) The Department shall provide written approval for
26occupancy pursuant to subsection (e) of this Section and shall

 

 

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1not issue a violation to a facility as a result of a licensure
2or complaint survey based upon the facility's physical
3structure if:
4        (1) the Department reviewed and approved or is deemed
5    to have approved the drawings and specifications for
6    compliance with design and construction standards;
7        (2) the construction, major alteration, or addition
8    was built as submitted;
9        (3) the law or rules have not been amended since the
10    original approval; and
11        (4) the conditions at the facility indicate that there
12    is a reasonable degree of safety provided for the
13    residents.
14    (d) The Department shall not charge a fee in connection
15with its reviews to the Department of Veterans' Affairs.
16    (e) The Department shall conduct an on-site inspection of
17the completed project no later than 45 working days after
18notification from the applicant that the project has been
19completed and all certifications required by the Department
20have been received and accepted by the Department, except
21that, during a statewide public health emergency, as defined
22in the Illinois Emergency Management Agency Act, the
23Department shall conduct an on-site inspection of the
24completed project to the extent feasible. The Department may
25extend this deadline if a federally mandated survey time frame
26takes precedence. The Department shall provide written

 

 

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1approval for occupancy to the applicant within 7 working days
2after the Department's final inspection, provided the
3applicant has demonstrated substantial compliance as defined
4by Department rule. Occupancy of new major construction is
5prohibited until Department approval is received, unless the
6Department has not acted within the time frames provided in
7this subsection (e), in which case the construction shall be
8deemed approved. Occupancy shall be authorized after any
9required health inspection by the Department has been
10conducted.
11    (f) The Department shall establish, by rule, an expedited
12process for emergency repairs or replacement of like
13equipment.
14    (g) Nothing in this Section shall be construed to apply to
15maintenance, upkeep, or renovation that does not affect the
16structural integrity or fire or life safety of the building,
17does not add beds or services over the number for which the
18long-term care facility is licensed, and provides a reasonable
19degree of safety for the residents.
20    (h) If the number of licensed facilities increases or the
21number of beds for the currently licensed facilities
22increases, the Department has the right to reassess the
23mandated time frames listed in this Section.
24(Source: P.A. 99-314, eff. 8-7-15.)
 
25    (210 ILCS 45/3-206)  (from Ch. 111 1/2, par. 4153-206)

 

 

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1    Sec. 3-206. The Department shall prescribe a curriculum
2for training nursing assistants, habilitation aides, and child
3care aides.
4    (a) No person, except a volunteer who receives no
5compensation from a facility and is not included for the
6purpose of meeting any staffing requirements set forth by the
7Department, shall act as a nursing assistant, habilitation
8aide, or child care aide in a facility, nor shall any person,
9under any other title, not licensed, certified, or registered
10to render medical care by the Department of Financial and
11Professional Regulation, assist with the personal, medical, or
12nursing care of residents in a facility, unless such person
13meets the following requirements:
14        (1) Be at least 16 years of age, of temperate habits
15    and good moral character, honest, reliable and
16    trustworthy.
17        (2) Be able to speak and understand the English
18    language or a language understood by a substantial
19    percentage of the facility's residents.
20        (3) Provide evidence of employment or occupation, if
21    any, and residence for 2 years prior to his present
22    employment.
23        (4) Have completed at least 8 years of grade school or
24    provide proof of equivalent knowledge.
25        (5) Begin a current course of training for nursing
26    assistants, habilitation aides, or child care aides,

 

 

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1    approved by the Department, within 45 days of initial
2    employment in the capacity of a nursing assistant,
3    habilitation aide, or child care aide at any facility.
4    Such courses of training shall be successfully completed
5    within 120 days of initial employment in the capacity of
6    nursing assistant, habilitation aide, or child care aide
7    at a facility. Nursing assistants, habilitation aides, and
8    child care aides who are enrolled in approved courses in
9    community colleges or other educational institutions on a
10    term, semester, or trimester basis, shall be exempt from
11    the 120-day completion time limit. During a statewide
12    public health emergency, as defined in the Illinois
13    Emergency Management Agency Act, all nursing assistants,
14    habilitation aides, and child care aides shall, to the
15    extent feasible, complete the training. The Department
16    shall adopt rules for such courses of training. These
17    rules shall include procedures for facilities to carry on
18    an approved course of training within the facility. The
19    Department shall allow an individual to satisfy the
20    supervised clinical experience requirement for placement
21    on the Health Care Worker Registry under 77 Ill. Adm. Code
22    300.663 through supervised clinical experience at an
23    assisted living establishment licensed under the Assisted
24    Living and Shared Housing Act. The Department shall adopt
25    rules requiring that the Health Care Worker Registry
26    include information identifying where an individual on the

 

 

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1    Health Care Worker Registry received his or her clinical
2    training.
3        The Department may accept comparable training in lieu
4    of the 120-hour course for student nurses, foreign nurses,
5    military personnel, or employees of the Department of
6    Human Services.
7        The Department shall accept on-the-job experience in
8    lieu of clinical training from any individual who
9    participated in the temporary nursing assistant program
10    during the COVID-19 pandemic before the end date of the
11    temporary nursing assistant program and left the program
12    in good standing, and the Department shall notify all
13    approved certified nurse assistant training programs in
14    the State of this requirement. The individual shall
15    receive one hour of credit for every hour employed as a
16    temporary nursing assistant, up to 40 total hours, and
17    shall be permitted 90 days after the end date of the
18    temporary nursing assistant program to enroll in an
19    approved certified nursing assistant training program and
20    240 days to successfully complete the certified nursing
21    assistant training program. Temporary nursing assistants
22    who enroll in a certified nursing assistant training
23    program within 90 days of the end of the temporary nursing
24    assistant program may continue to work as a nursing
25    assistant for up to 240 days after enrollment in the
26    certified nursing assistant training program. As used in

 

 

HB0559 Engrossed- 24 -LRB103 04144 BMS 49150 b

1    this Section, "temporary nursing assistant program" means
2    the program implemented by the Department of Public Health
3    by emergency rule, as listed in 44 Ill. Reg. 7936,
4    effective April 21, 2020.
5        The facility shall develop and implement procedures,
6    which shall be approved by the Department, for an ongoing
7    review process, which shall take place within the
8    facility, for nursing assistants, habilitation aides, and
9    child care aides.
10        At the time of each regularly scheduled licensure
11    survey, or at the time of a complaint investigation, the
12    Department may require any nursing assistant, habilitation
13    aide, or child care aide to demonstrate, either through
14    written examination or action, or both, sufficient
15    knowledge in all areas of required training. If such
16    knowledge is inadequate the Department shall require the
17    nursing assistant, habilitation aide, or child care aide
18    to complete inservice training and review in the facility
19    until the nursing assistant, habilitation aide, or child
20    care aide demonstrates to the Department, either through
21    written examination or action, or both, sufficient
22    knowledge in all areas of required training.
23        (6) Be familiar with and have general skills related
24    to resident care.
25    (a-0.5) An educational entity, other than a secondary
26school, conducting a nursing assistant, habilitation aide, or

 

 

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1child care aide training program shall initiate a criminal
2history record check in accordance with the Health Care Worker
3Background Check Act prior to entry of an individual into the
4training program. A secondary school may initiate a criminal
5history record check in accordance with the Health Care Worker
6Background Check Act at any time during or after a training
7program.
8    (a-1) Nursing assistants, habilitation aides, or child
9care aides seeking to be included on the Health Care Worker
10Registry under the Health Care Worker Background Check Act on
11or after January 1, 1996 must authorize the Department of
12Public Health or its designee to request a criminal history
13record check in accordance with the Health Care Worker
14Background Check Act and submit all necessary information. An
15individual may not newly be included on the Health Care Worker
16Registry unless a criminal history record check has been
17conducted with respect to the individual.
18    (b) Persons subject to this Section shall perform their
19duties under the supervision of a licensed nurse.
20    (c) It is unlawful for any facility to employ any person in
21the capacity of nursing assistant, habilitation aide, or child
22care aide, or under any other title, not licensed by the State
23of Illinois to assist in the personal, medical, or nursing
24care of residents in such facility unless such person has
25complied with this Section.
26    (d) Proof of compliance by each employee with the

 

 

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1requirements set out in this Section shall be maintained for
2each such employee by each facility in the individual
3personnel folder of the employee. Proof of training shall be
4obtained only from the Health Care Worker Registry.
5    (e) Each facility shall obtain access to the Health Care
6Worker Registry's web application, maintain the employment and
7demographic information relating to each employee, and verify
8by the category and type of employment that each employee
9subject to this Section meets all the requirements of this
10Section.
11    (f) Any facility that is operated under Section 3-803
12shall be exempt from the requirements of this Section.
13    (g) Each skilled nursing and intermediate care facility
14that admits persons who are diagnosed as having Alzheimer's
15disease or related dementias shall require all nursing
16assistants, habilitation aides, or child care aides, who did
17not receive 12 hours of training in the care and treatment of
18such residents during the training required under paragraph
19(5) of subsection (a), to obtain 12 hours of in-house training
20in the care and treatment of such residents. If the facility
21does not provide the training in-house, the training shall be
22obtained from other facilities, community colleges or other
23educational institutions that have a recognized course for
24such training. The Department shall, by rule, establish a
25recognized course for such training. The Department's rules
26shall provide that such training may be conducted in-house at

 

 

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1each facility subject to the requirements of this subsection,
2in which case such training shall be monitored by the
3Department.
4    The Department's rules shall also provide for
5circumstances and procedures whereby any person who has
6received training that meets the requirements of this
7subsection shall not be required to undergo additional
8training if he or she is transferred to or obtains employment
9at a different facility or a facility other than a long-term
10care facility but remains continuously employed for pay as a
11nursing assistant, habilitation aide, or child care aide.
12Individuals who have performed no nursing or nursing-related
13services for a period of 24 consecutive months shall be listed
14as "inactive" and as such do not meet the requirements of this
15Section. Licensed sheltered care facilities shall be exempt
16from the requirements of this Section.
17    An individual employed during the COVID-19 pandemic as a
18nursing assistant in accordance with any Executive Orders,
19emergency rules, or policy memoranda related to COVID-19 shall
20be assumed to meet competency standards and may continue to be
21employed as a certified nurse assistant when the pandemic ends
22and the Executive Orders or emergency rules lapse. Such
23individuals shall be listed on the Department's Health Care
24Worker Registry website as "active".
25(Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17;
26100-863, eff. 8-14-18; 101-655, eff. 3-12-21.)
 

 

 

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1    (210 ILCS 45/3-702)  (from Ch. 111 1/2, par. 4153-702)
2    Sec. 3-702. (a) A person who believes that this Act or a
3rule promulgated under this Act may have been violated may
4request an investigation. The request may be submitted to the
5Department in writing, by telephone, by electronic means, or
6by personal visit. An oral complaint shall be reduced to
7writing by the Department. The Department shall make
8available, through its website and upon request, information
9regarding the oral and phone intake processes and the list of
10questions that will be asked of the complainant. The
11Department shall request information identifying the
12complainant, including the name, address, and telephone
13number, to help enable appropriate follow-up. The Department
14shall act on such complaints via on-site visits or other
15methods deemed appropriate to handle the complaints with or
16without such identifying information, as otherwise provided
17under this Section. The complainant shall be informed that
18compliance with such request is not required to satisfy the
19procedures for filing a complaint under this Act. The
20Department must notify complainants that complaints with less
21information provided are far more difficult to respond to and
22investigate.
23    (b) The substance of the complaint shall be provided in
24writing to the licensee, owner, or administrator no earlier
25than at the commencement of an on-site inspection of the

 

 

HB0559 Engrossed- 29 -LRB103 04144 BMS 49150 b

1facility which takes place pursuant to the complaint.
2    (c) The Department shall not disclose the name of the
3complainant unless the complainant consents in writing to the
4disclosure or the investigation results in a judicial
5proceeding, or unless disclosure is essential to the
6investigation. The complainant shall be given the opportunity
7to withdraw the complaint before disclosure. Upon the request
8of the complainant, the Department may permit the complainant
9or a representative of the complainant to accompany the person
10making the on-site inspection of the facility.
11    (d) Upon receipt of a complaint, the Department shall
12determine whether this Act or a rule promulgated under this
13Act has been or is being violated. The Department shall
14investigate all complaints alleging abuse or neglect within 7
15days after the receipt of the complaint except that complaints
16of abuse or neglect which indicate that a resident's life or
17safety is in imminent danger shall be investigated within 24
18hours after receipt of the complaint. All other complaints
19shall be investigated within 30 days after the receipt of the
20complaint, except that, during a statewide public health
21emergency, as defined in the Illinois Emergency Management
22Agency Act, all other complaints shall be investigated within
23appropriate time frames to the extent feasible. The Department
24employees investigating a complaint shall conduct a brief,
25informal exit conference with the facility to alert its
26administration of any suspected serious deficiency that poses

 

 

HB0559 Engrossed- 30 -LRB103 04144 BMS 49150 b

1a direct threat to the health, safety, or welfare of a resident
2to enable an immediate correction for the alleviation or
3elimination of such threat. Such information and findings
4discussed in the brief exit conference shall become a part of
5the investigating record but shall not in any way constitute
6an official or final notice of violation as provided under
7Section 3-301. All complaints shall be classified as "an
8invalid report", "a valid report", or "an undetermined
9report". For any complaint classified as "a valid report", the
10Department must determine within 30 working days after any
11Department employee enters a facility to begin an on-site
12inspection if any rule or provision of this Act has been or is
13being violated.
14    (d-1) The Department shall, whenever possible, combine an
15on-site investigation of a complaint in a facility with other
16inspections in order to avoid duplication of inspections.
17    (e) In all cases, the Department shall inform the
18complainant of its findings within 10 days of its
19determination unless otherwise indicated by the complainant,
20and the complainant may direct the Department to send a copy of
21such findings to another person. The Department's findings may
22include comments or documentation provided by either the
23complainant or the licensee pertaining to the complaint. The
24Department shall also notify the facility of such findings
25within 10 days of the determination, but the name of the
26complainant or residents shall not be disclosed in this notice

 

 

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1to the facility. The notice of such findings shall include a
2copy of the written determination; the correction order, if
3any; the warning notice, if any; the inspection report; or the
4State licensure form on which the violation is listed.
5    (f) A written determination, correction order, or warning
6notice concerning a complaint, together with the facility's
7response, shall be available for public inspection, but the
8name of the complainant or resident shall not be disclosed
9without his consent.
10    (g) A complainant who is dissatisfied with the
11determination or investigation by the Department may request a
12hearing under Section 3-703. The facility shall be given
13notice of any such hearing and may participate in the hearing
14as a party. If a facility requests a hearing under Section
153-703 which concerns a matter covered by a complaint, the
16complainant shall be given notice and may participate in the
17hearing as a party. A request for a hearing by either a
18complainant or a facility shall be submitted in writing to the
19Department within 30 days after the mailing of the
20Department's findings as described in subsection (e) of this
21Section. Upon receipt of the request the Department shall
22conduct a hearing as provided under Section 3-703.
23    (g-5) The Department shall conduct an annual review of all
24survey activity from the preceding fiscal year and make a
25report concerning the complaint and survey process. The report
26shall include, but not be limited to:

 

 

HB0559 Engrossed- 32 -LRB103 04144 BMS 49150 b

1        (1) the total number of complaints received;
2        (2) the breakdown of 24-hour, 7-day, and 30-day
3    complaints;
4        (3) the breakdown of anonymous and non-anonymous
5    complaints;
6        (4) the number of complaints that were substantiated
7    versus unsubstantiated;
8        (5) the total number of substantiated complaints that
9    were completed in the time frame determined under
10    subsection (d);
11        (6) the total number of informal dispute resolutions
12    requested;
13        (7) the total number of informal dispute resolution
14    requests approved;
15        (8) the total number of informal dispute resolutions
16    that were overturned or reduced in severity;
17        (9) the total number of nurse surveyors hired during
18    the calendar year;
19        (10) the total number of nurse surveyors who left
20    Department employment;
21        (11) the average length of tenure for nurse surveyors
22    employed by the Department at the time the report is
23    created;
24        (12) the total number of times the Department imposed
25    discretionary denial of payment within 15 days of notice
26    and within 2 days of notice as well as the number of times

 

 

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1    the discretionary denial of payment took effect; and
2        (13) any other complaint information requested by the
3    Long-Term Care Facility Advisory Board created under
4    Section 2-204 of this Act or the Illinois Long-Term Care
5    Council created under Section 4.04a of the Illinois Act on
6    the Aging.
7    This report shall be provided to the Long-Term Care
8Facility Advisory Board, the Illinois Long-Term Care Council,
9and the General Assembly. The Long-Term Care Facility Advisory
10Board and the Illinois Long-Term Care Council shall review the
11report and suggest any changes deemed necessary to the
12Department for review and action, including how to investigate
13and substantiate anonymous complaints.
14    (h) Any person who knowingly transmits a false report to
15the Department commits the offense of disorderly conduct under
16subsection (a)(8) of Section 26-1 of the Criminal Code of
172012.
18(Source: P.A. 102-432, eff. 8-20-21; 102-947, eff. 1-1-23;
19revised 12-9-22.)
 
20    Section 20. The MC/DD Act is amended by changing Sections
213-116, 3-202.5, and 3-702 as follows:
 
22    (210 ILCS 46/3-116)
23    Sec. 3-116. Probationary license. If the applicant has not
24been previously licensed or if the facility is not in

 

 

HB0559 Engrossed- 34 -LRB103 04144 BMS 49150 b

1operation at the time application is made, the Department
2shall issue only a probationary license. A probationary
3license shall be valid for 120 days unless sooner suspended or
4revoked under Section 3-119. Within 30 days prior to the
5termination of a probationary license, the Department shall
6fully and completely inspect the facility and, if the facility
7meets the applicable requirements for licensure, shall issue a
8license under Section 3-109, except that, during a statewide
9public health emergency, as defined in the Illinois Emergency
10Management Agency Act, the Department shall inspect facilities
11within an appropriate time frame to the extent feasible. If
12the Department finds that the facility does not meet the
13requirements for licensure but has made substantial progress
14toward meeting those requirements, the license may be renewed
15once for a period not to exceed 120 days from the expiration
16date of the initial probationary license.
17(Source: P.A. 99-180, eff. 7-29-15.)
 
18    (210 ILCS 46/3-202.5)
19    Sec. 3-202.5. Facility plan review; fees.
20    (a) Before commencing construction of a new facility or
21specified types of alteration or additions to an existing
22facility involving major construction, as defined by rule by
23the Department, with an estimated cost greater than $100,000,
24architectural drawings and specifications for the facility
25shall be submitted to the Department for review and approval.

 

 

HB0559 Engrossed- 35 -LRB103 04144 BMS 49150 b

1A facility may submit architectural drawings and
2specifications for other construction projects for Department
3review according to subsection (b) that shall not be subject
4to fees under subsection (d). Review of drawings and
5specifications shall be conducted by an employee of the
6Department meeting the qualifications established by the
7Department of Central Management Services class specifications
8for such an individual's position or by a person contracting
9with the Department who meets those class specifications.
10Final approval of the drawings and specifications for
11compliance with design and construction standards shall be
12obtained from the Department before the alteration, addition,
13or new construction is begun.
14    (b) The Department shall inform an applicant in writing
15within 10 working days after receiving drawings and
16specifications and the required fee, if any, from the
17applicant whether the applicant's submission is complete or
18incomplete. Failure to provide the applicant with this notice
19within 10 working days shall result in the submission being
20deemed complete for purposes of initiating the 60-day 60 day
21review period under this Section. If the submission is
22incomplete, the Department shall inform the applicant of the
23deficiencies with the submission in writing. If the submission
24is complete the required fee, if any, has been paid, the
25Department shall approve or disapprove drawings and
26specifications submitted to the Department no later than 60

 

 

HB0559 Engrossed- 36 -LRB103 04144 BMS 49150 b

1days following receipt by the Department. The drawings and
2specifications shall be of sufficient detail, as provided by
3Department rule, to enable the Department to render a
4determination of compliance with design and construction
5standards under this Act. If the Department finds that the
6drawings are not of sufficient detail for it to render a
7determination of compliance, the plans shall be determined to
8be incomplete and shall not be considered for purposes of
9initiating the 60 day review period. If a submission of
10drawings and specifications is incomplete, the applicant may
11submit additional information. The 60 day review period shall
12not commence until the Department determines that a submission
13of drawings and specifications is complete or the submission
14is deemed complete. If the Department has not approved or
15disapproved the drawings and specifications within 60 days,
16the construction, major alteration, or addition shall be
17deemed approved. If the drawings and specifications are
18disapproved, the Department shall state in writing, with
19specificity, the reasons for the disapproval. The entity
20submitting the drawings and specifications may submit
21additional information in response to the written comments
22from the Department or request a reconsideration of the
23disapproval. A final decision of approval or disapproval shall
24be made within 45 days of the receipt of the additional
25information or reconsideration request. If denied, the
26Department shall state the specific reasons for the denial.

 

 

HB0559 Engrossed- 37 -LRB103 04144 BMS 49150 b

1    (c) The Department shall provide written approval for
2occupancy pursuant to subsection (g) and shall not issue a
3violation to a facility as a result of a licensure or complaint
4survey based upon the facility's physical structure if:
5        (1) the Department reviewed and approved or deemed
6    approved the drawings and specifications for compliance
7    with design and construction standards;
8        (2) the construction, major alteration, or addition
9    was built as submitted;
10        (3) the law or rules have not been amended since the
11    original approval; and
12        (4) the conditions at the facility indicate that there
13    is a reasonable degree of safety provided for the
14    residents.
15    (d) (Blank).
16    (e) All fees received by the Department under this Section
17shall be deposited into the Health Facility Plan Review Fund,
18a special fund created in the State Treasury. Moneys shall be
19appropriated from that Fund to the Department only to pay the
20costs of conducting reviews under this Section, under Section
213-202.5 of the Nursing Home Care Act, or under Section 3-202.5
22of the ID/DD Community Care Act. None of the moneys in the
23Health Facility Plan Review Fund shall be used to reduce the
24amount of General Revenue Fund moneys appropriated to the
25Department for facility plan reviews conducted pursuant to
26this Section.

 

 

HB0559 Engrossed- 38 -LRB103 04144 BMS 49150 b

1    (f) (Blank).
2    (g) The Department shall conduct an on site inspection of
3the completed project no later than 30 days after notification
4from the applicant that the project has been completed and all
5certifications required by the Department have been received
6and accepted by the Department, except that, during a
7statewide public health emergency, as defined in the Illinois
8Emergency Management Agency Act, the Department shall conduct
9an on-site inspection to the extent feasible. The Department
10shall provide written approval for occupancy to the applicant
11within 5 working days of the Department's final inspection,
12provided the applicant has demonstrated substantial compliance
13as defined by Department rule. Occupancy of new major
14construction is prohibited until Department approval is
15received, unless the Department has not acted within the time
16frames provided in this subsection (g), in which case the
17construction shall be deemed approved. Occupancy shall be
18authorized after any required health inspection by the
19Department has been conducted.
20    (h) The Department shall establish, by rule, a procedure
21to conduct interim on site review of large or complex
22construction projects.
23    (i) The Department shall establish, by rule, an expedited
24process for emergency repairs or replacement of like
25equipment.
26    (j) Nothing in this Section shall be construed to apply to

 

 

HB0559 Engrossed- 39 -LRB103 04144 BMS 49150 b

1maintenance, upkeep, or renovation that does not affect the
2structural integrity of the building, does not add beds or
3services over the number for which the facility is licensed,
4and provides a reasonable degree of safety for the residents.
5(Source: P.A. 99-180, eff. 7-29-15.)
 
6    (210 ILCS 46/3-702)
7    Sec. 3-702. Request for investigation of violation.
8    (a) A person who believes that this Act or a rule
9promulgated under this Act may have been violated may request
10an investigation. The request may be submitted to the
11Department in writing, by telephone, by electronic means, or
12by personal visit. An oral complaint shall be reduced to
13writing by the Department. The Department shall make
14available, through its website and upon request, information
15regarding the oral and phone intake processes and the list of
16questions that will be asked of the complainant. The
17Department shall request information identifying the
18complainant, including the name, address and telephone number,
19to help enable appropriate follow up. The Department shall act
20on such complaints via on-site visits or other methods deemed
21appropriate to handle the complaints with or without such
22identifying information, as otherwise provided under this
23Section. The complainant shall be informed that compliance
24with such request is not required to satisfy the procedures
25for filing a complaint under this Act. The Department must

 

 

HB0559 Engrossed- 40 -LRB103 04144 BMS 49150 b

1notify complainants that complaints with less information
2provided are far more difficult to respond to and investigate.
3    (b) The substance of the complaint shall be provided in
4writing to the licensee, owner or administrator no earlier
5than at the commencement of an on-site inspection of the
6facility which takes place pursuant to the complaint.
7    (c) The Department shall not disclose the name of the
8complainant unless the complainant consents in writing to the
9disclosure or the investigation results in a judicial
10proceeding, or unless disclosure is essential to the
11investigation. The complainant shall be given the opportunity
12to withdraw the complaint before disclosure. Upon the request
13of the complainant, the Department may permit the complainant
14or a representative of the complainant to accompany the person
15making the on-site inspection of the facility.
16    (d) Upon receipt of a complaint, the Department shall
17determine whether this Act or a rule promulgated under this
18Act has been or is being violated. The Department shall
19investigate all complaints alleging abuse or neglect within 7
20days after the receipt of the complaint except that complaints
21of abuse or neglect which indicate that a resident's life or
22safety is in imminent danger shall be investigated within 24
23hours after receipt of the complaint. All other complaints
24shall be investigated within 30 days after the receipt of the
25complaint, except that, during a statewide public health
26emergency, as defined in the Illinois Emergency Management

 

 

HB0559 Engrossed- 41 -LRB103 04144 BMS 49150 b

1Agency Act, all other complaints shall be investigated within
2an appropriate time frame to the extent feasible. The
3Department employees investigating a complaint shall conduct a
4brief, informal exit conference with the facility to alert its
5administration of any suspected serious deficiency that poses
6a direct threat to the health, safety or welfare of a resident
7to enable an immediate correction for the alleviation or
8elimination of such threat. Such information and findings
9discussed in the brief exit conference shall become a part of
10the investigating record but shall not in any way constitute
11an official or final notice of violation as provided under
12Section 3-301. All complaints shall be classified as "an
13invalid report", "a valid report", or "an undetermined
14report". For any complaint classified as "a valid report", the
15Department must determine within 30 working days if any rule
16or provision of this Act has been or is being violated.
17    (d-1) The Department shall, whenever possible, combine an
18on site investigation of a complaint in a facility with other
19inspections in order to avoid duplication of inspections.
20    (e) In all cases, the Department shall inform the
21complainant of its findings within 10 days of its
22determination unless otherwise indicated by the complainant,
23and the complainant may direct the Department to send a copy of
24such findings to another person. The Department's findings may
25include comments or documentation provided by either the
26complainant or the licensee pertaining to the complaint. The

 

 

HB0559 Engrossed- 42 -LRB103 04144 BMS 49150 b

1Department shall also notify the facility of such findings
2within 10 days of the determination, but the name of the
3complainant or residents shall not be disclosed in this notice
4to the facility. The notice of such findings shall include a
5copy of the written determination; the correction order, if
6any; the warning notice, if any; the inspection report; or the
7State licensure form on which the violation is listed.
8    (f) A written determination, correction order, or warning
9notice concerning a complaint, together with the facility's
10response, shall be available for public inspection, but the
11name of the complainant or resident shall not be disclosed
12without his or her consent.
13    (g) A complainant who is dissatisfied with the
14determination or investigation by the Department may request a
15hearing under Section 3-703. The facility shall be given
16notice of any such hearing and may participate in the hearing
17as a party. If a facility requests a hearing under Section
183-703 which concerns a matter covered by a complaint, the
19complainant shall be given notice and may participate in the
20hearing as a party. A request for a hearing by either a
21complainant or a facility shall be submitted in writing to the
22Department within 30 days after the mailing of the
23Department's findings as described in subsection (e) of this
24Section. Upon receipt of the request the Department shall
25conduct a hearing as provided under Section 3-703.
26    (g-5) The Department shall conduct an annual review and

 

 

HB0559 Engrossed- 43 -LRB103 04144 BMS 49150 b

1make a report concerning the complaint process that includes
2the number of complaints received, the breakdown of anonymous
3and non-anonymous complaints and whether the complaints were
4substantiated or not, the total number of substantiated
5complaints, and any other complaint information requested by
6the DD Facility Advisory Board. This report shall be provided
7to the DD Facility Advisory Board. The DD Facility Advisory
8Board shall review the report and suggest any changes deemed
9necessary to the Department for review and action, including
10how to investigate and substantiate anonymous complaints.
11    (h) Any person who knowingly transmits a false report to
12the Department commits the offense of disorderly conduct under
13subsection (a)(8) of Section 26-1 of the Criminal Code of
142012.
15(Source: P.A. 99-180, eff. 7-29-15.)
 
16    Section 25. The ID/DD Community Care Act is amended by
17changing Sections 3-116, 3-206, and 3-702 as follows:
 
18    (210 ILCS 47/3-116)
19    Sec. 3-116. Probationary license. If the applicant has not
20been previously licensed or if the facility is not in
21operation at the time application is made, the Department
22shall issue only a probationary license. A probationary
23license shall be valid for 120 days unless sooner suspended or
24revoked under Section 3-119. Within 30 days prior to the

 

 

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1termination of a probationary license, the Department shall
2fully and completely inspect the facility and, if the facility
3meets the applicable requirements for licensure, shall issue a
4license under Section 3-109 except that, during a statewide
5public health emergency, as defined in the Illinois Emergency
6Management Agency Act, the Department shall inspect facilities
7within an appropriate time frame to the extent feasible. If
8the Department finds that the facility does not meet the
9requirements for licensure but has made substantial progress
10toward meeting those requirements, the license may be renewed
11once for a period not to exceed 120 days from the expiration
12date of the initial probationary license.
13(Source: P.A. 96-339, eff. 7-1-10.)
 
14    (210 ILCS 47/3-206)
15    Sec. 3-206. Curriculum for training nursing assistants and
16aides. The Department shall prescribe a curriculum for
17training nursing assistants, habilitation aides, and child
18care aides.
19    (a) No person, except a volunteer who receives no
20compensation from a facility and is not included for the
21purpose of meeting any staffing requirements set forth by the
22Department, shall act as a nursing assistant, habilitation
23aide, or child care aide in a facility, nor shall any person,
24under any other title, not licensed, certified, or registered
25to render medical care by the Department of Financial and

 

 

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1Professional Regulation, assist with the personal, medical, or
2nursing care of residents in a facility, unless such person
3meets the following requirements:
4        (1) Be at least 16 years of age, of temperate habits
5    and good moral character, honest, reliable and
6    trustworthy.
7        (2) Be able to speak and understand the English
8    language or a language understood by a substantial
9    percentage of the facility's residents.
10        (3) Provide evidence of employment or occupation, if
11    any, and residence for 2 years prior to his or her present
12    employment.
13        (4) Have completed at least 8 years of grade school or
14    provide proof of equivalent knowledge.
15        (5) Begin a current course of training for nursing
16    assistants, habilitation aides, or child care aides,
17    approved by the Department, within 45 days of initial
18    employment in the capacity of a nursing assistant,
19    habilitation aide, or child care aide at any facility.
20    Such courses of training shall be successfully completed
21    within 120 days of initial employment in the capacity of
22    nursing assistant, habilitation aide, or child care aide
23    at a facility, except that, during a statewide public
24    health emergency, as defined in the Illinois Emergency
25    Management Agency Act, training shall be completed to the
26    extent feasible. Nursing assistants, habilitation aides,

 

 

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1    and child care aides who are enrolled in approved courses
2    in community colleges or other educational institutions on
3    a term, semester or trimester basis, shall be exempt from
4    the 120-day completion time limit. The Department shall
5    adopt rules for such courses of training. These rules
6    shall include procedures for facilities to carry on an
7    approved course of training within the facility.
8        The Department may accept comparable training in lieu
9    of the 120-hour course for student nurses, foreign nurses,
10    military personnel, or employees of the Department of
11    Human Services.
12        The facility shall develop and implement procedures,
13    which shall be approved by the Department, for an ongoing
14    review process, which shall take place within the
15    facility, for nursing assistants, habilitation aides, and
16    child care aides.
17        At the time of each regularly scheduled licensure
18    survey, or at the time of a complaint investigation, the
19    Department may require any nursing assistant, habilitation
20    aide, or child care aide to demonstrate, either through
21    written examination or action, or both, sufficient
22    knowledge in all areas of required training. If such
23    knowledge is inadequate the Department shall require the
24    nursing assistant, habilitation aide, or child care aide
25    to complete inservice training and review in the facility
26    until the nursing assistant, habilitation aide, or child

 

 

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1    care aide demonstrates to the Department, either through
2    written examination or action, or both, sufficient
3    knowledge in all areas of required training; and
4        (6) Be familiar with and have general skills related
5    to resident care.
6    (a-0.5) An educational entity, other than a secondary
7school, conducting a nursing assistant, habilitation aide, or
8child care aide training program shall initiate a criminal
9history record check in accordance with the Health Care Worker
10Background Check Act prior to entry of an individual into the
11training program. A secondary school may initiate a criminal
12history record check in accordance with the Health Care Worker
13Background Check Act at any time during or after a training
14program.
15    (a-1) Nursing assistants, habilitation aides, or child
16care aides seeking to be included on the Health Care Worker
17Registry under the Health Care Worker Background Check Act
18must authorize the Department of Public Health or its designee
19to request a criminal history record check in accordance with
20the Health Care Worker Background Check Act and submit all
21necessary information. An individual may not newly be included
22on the Health Care Worker Registry unless a criminal history
23record check has been conducted with respect to the
24individual.
25    (b) Persons subject to this Section shall perform their
26duties under the supervision of a licensed nurse or other

 

 

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1appropriately trained, licensed, or certified personnel.
2    (c) It is unlawful for any facility to employ any person in
3the capacity of nursing assistant, habilitation aide, or child
4care aide, or under any other title, not licensed by the State
5of Illinois to assist in the personal, medical, or nursing
6care of residents in such facility unless such person has
7complied with this Section.
8    (d) Proof of compliance by each employee with the
9requirements set out in this Section shall be maintained for
10each such employee by each facility in the individual
11personnel folder of the employee. Proof of training shall be
12obtained only from the Health Care Worker Registry.
13    (e) Each facility shall obtain access to the Health Care
14Worker Registry's web application, maintain the employment and
15demographic information relating to each employee, and verify
16by the category and type of employment that each employee
17subject to this Section meets all the requirements of this
18Section.
19    (f) Any facility that is operated under Section 3-803
20shall be exempt from the requirements of this Section.
21    (g) Each skilled nursing and intermediate care facility
22that admits persons who are diagnosed as having Alzheimer's
23disease or related dementias shall require all nursing
24assistants, habilitation aides, or child care aides, who did
25not receive 12 hours of training in the care and treatment of
26such residents during the training required under paragraph

 

 

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1(5) of subsection (a), to obtain 12 hours of in house training
2in the care and treatment of such residents. If the facility
3does not provide the training in house, the training shall be
4obtained from other facilities, community colleges or other
5educational institutions that have a recognized course for
6such training. The Department shall, by rule, establish a
7recognized course for such training.
8    The Department's rules shall provide that such training
9may be conducted in house at each facility subject to the
10requirements of this subsection, in which case such training
11shall be monitored by the Department. The Department's rules
12shall also provide for circumstances and procedures whereby
13any person who has received training that meets the
14requirements of this subsection shall not be required to
15undergo additional training if he or she is transferred to or
16obtains employment at a different facility or a facility other
17than those licensed under this Act but remains continuously
18employed as a nursing assistant, habilitation aide, or child
19care aide. Individuals who have performed no nursing,
20nursing-related services, or habilitation services for a
21period of 24 consecutive months shall be listed as inactive
22and as such do not meet the requirements of this Section.
23Licensed sheltered care facilities shall be exempt from the
24requirements of this Section.
25(Source: P.A. 100-432, eff. 8-25-17.)
 

 

 

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1    (210 ILCS 47/3-702)
2    Sec. 3-702. Request for investigation of violation.
3    (a) A person who believes that this Act or a rule
4promulgated under this Act may have been violated may request
5an investigation. The request may be submitted to the
6Department in writing, by telephone, by electronic means, or
7by personal visit. An oral complaint shall be reduced to
8writing by the Department. The Department shall make
9available, through its website and upon request, information
10regarding the oral and phone intake processes and the list of
11questions that will be asked of the complainant. The
12Department shall request information identifying the
13complainant, including the name, address and telephone number,
14to help enable appropriate follow up. The Department shall act
15on such complaints via on-site visits or other methods deemed
16appropriate to handle the complaints with or without such
17identifying information, as otherwise provided under this
18Section. The complainant shall be informed that compliance
19with such request is not required to satisfy the procedures
20for filing a complaint under this Act. The Department must
21notify complainants that complaints with less information
22provided are far more difficult to respond to and investigate.
23    (b) The substance of the complaint shall be provided in
24writing to the licensee, owner or administrator no earlier
25than at the commencement of an on-site inspection of the
26facility which takes place pursuant to the complaint.

 

 

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1    (c) The Department shall not disclose the name of the
2complainant unless the complainant consents in writing to the
3disclosure or the investigation results in a judicial
4proceeding, or unless disclosure is essential to the
5investigation. The complainant shall be given the opportunity
6to withdraw the complaint before disclosure. Upon the request
7of the complainant, the Department may permit the complainant
8or a representative of the complainant to accompany the person
9making the on-site inspection of the facility.
10    (d) Upon receipt of a complaint, the Department shall
11determine whether this Act or a rule promulgated under this
12Act has been or is being violated. The Department shall
13investigate all complaints alleging abuse or neglect within 7
14days after the receipt of the complaint except that complaints
15of abuse or neglect which indicate that a resident's life or
16safety is in imminent danger shall be investigated within 24
17hours after receipt of the complaint. All other complaints
18shall be investigated within 30 days after the receipt of the
19complaint, except that, during a statewide public health
20emergency, as defined in the Illinois Emergency Management
21Agency Act, all other complaints shall be investigated within
22an appropriate time frame to the extent feasible. The
23Department employees investigating a complaint shall conduct a
24brief, informal exit conference with the facility to alert its
25administration of any suspected serious deficiency that poses
26a direct threat to the health, safety or welfare of a resident

 

 

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1to enable an immediate correction for the alleviation or
2elimination of such threat. Such information and findings
3discussed in the brief exit conference shall become a part of
4the investigating record but shall not in any way constitute
5an official or final notice of violation as provided under
6Section 3-301. All complaints shall be classified as "an
7invalid report", "a valid report", or "an undetermined
8report". For any complaint classified as "a valid report", the
9Department must determine within 30 working days if any rule
10or provision of this Act has been or is being violated.
11    (d-1) The Department shall, whenever possible, combine an
12on site investigation of a complaint in a facility with other
13inspections in order to avoid duplication of inspections.
14    (e) In all cases, the Department shall inform the
15complainant of its findings within 10 days of its
16determination unless otherwise indicated by the complainant,
17and the complainant may direct the Department to send a copy of
18such findings to another person. The Department's findings may
19include comments or documentation provided by either the
20complainant or the licensee pertaining to the complaint. The
21Department shall also notify the facility of such findings
22within 10 days of the determination, but the name of the
23complainant or residents shall not be disclosed in this notice
24to the facility. The notice of such findings shall include a
25copy of the written determination; the correction order, if
26any; the warning notice, if any; the inspection report; or the

 

 

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1State licensure form on which the violation is listed.
2    (f) A written determination, correction order, or warning
3notice concerning a complaint, together with the facility's
4response, shall be available for public inspection, but the
5name of the complainant or resident shall not be disclosed
6without his or her consent.
7    (g) A complainant who is dissatisfied with the
8determination or investigation by the Department may request a
9hearing under Section 3-703. The facility shall be given
10notice of any such hearing and may participate in the hearing
11as a party. If a facility requests a hearing under Section
123-703 which concerns a matter covered by a complaint, the
13complainant shall be given notice and may participate in the
14hearing as a party. A request for a hearing by either a
15complainant or a facility shall be submitted in writing to the
16Department within 30 days after the mailing of the
17Department's findings as described in subsection (e) of this
18Section. Upon receipt of the request the Department shall
19conduct a hearing as provided under Section 3-703.
20    (g-5) The Department shall conduct an annual review and
21make a report concerning the complaint process that includes
22the number of complaints received, the breakdown of anonymous
23and non-anonymous complaints and whether the complaints were
24substantiated or not, the total number of substantiated
25complaints, and any other complaint information requested by
26the DD Facility Advisory Board. This report shall be provided

 

 

HB0559 Engrossed- 54 -LRB103 04144 BMS 49150 b

1to the DD Facility Advisory Board. The DD Facility Advisory
2Board shall review the report and suggest any changes deemed
3necessary to the Department for review and action, including
4how to investigate and substantiate anonymous complaints.
5    (h) Any person who knowingly transmits a false report to
6the Department commits the offense of disorderly conduct under
7subsection (a)(8) of Section 26-1 of the Criminal Code of
82012.
9(Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14.)
 
10    Section 30. The Specialized Mental Health Rehabilitation
11Act of 2013 is amended by changing Section 4-105 as follows:
 
12    (210 ILCS 49/4-105)
13    Sec. 4-105. Provisional licensure duration. A provisional
14license shall be valid upon fulfilling the requirements
15established by the Department by emergency rule. The license
16shall remain valid as long as a facility remains in compliance
17with the licensure provisions established in rule. Provisional
18licenses issued upon initial licensure as a specialized mental
19health rehabilitation facility shall expire at the end of a
203-year period, which commences on the date the provisional
21license is issued. Issuance of a provisional license for any
22reason other than initial licensure (including, but not
23limited to, change of ownership, location, number of beds, or
24services) shall not extend the maximum 3-year period, at the

 

 

HB0559 Engrossed- 55 -LRB103 04144 BMS 49150 b

1end of which a facility must be licensed pursuant to Section
24-201. An extension for 120 days may be granted if requested
3and approved by the Department. Notwithstanding any other
4provision of this Act or the Specialized Mental Health
5Rehabilitation Facilities Code, 77 Ill. Adm. Admin. Code 380,
6to the contrary, if a facility has received notice from the
7Department that its application for provisional licensure to
8provide recovery and rehabilitation services has been accepted
9as complete and the facility has attested in writing to the
10Department that it will comply with the staff training plan
11approved by the Division of Mental Health, then a provisional
12license for recovery and rehabilitation services shall be
13issued to the facility within 60 days after the Department
14determines that the facility is in compliance with the
15requirements of the Life Safety Code in accordance with
16Section 4-104.5 of this Act.
17(Source: P.A. 99-712, eff. 8-5-16; 100-365, eff. 8-25-17;
18revised 2-28-22.)
 
19    Section 35. The Illinois Insurance Code is amended by
20adding Section 356z.61 as follows:
 
21    (215 ILCS 5/356z.61 new)
22    Sec. 356z.61. Coverage of pharmacy testing, screening,
23vaccinations, and treatment.
24    A group or individual policy of accident and health

 

 

HB0559 Engrossed- 56 -LRB103 04144 BMS 49150 b

1insurance or a managed care plan that is amended, delivered,
2issued, or renewed on or after January 1, 2025 shall provide
3coverage for health care or patient care services provided by
4a pharmacist if:
5        (1) the pharmacist meets the requirements and scope of
6    practice described in paragraph (15), (16), or (17) of
7    subsection (d) of Section 3 of the Pharmacy Practice Act;
8        (2) the health plan provides coverage for the same
9    service provided by a licensed physician, an advanced
10    practice registered nurse, or a physician assistant;
11        (3) the pharmacist is included in the health benefit
12    plan's network of participating providers; and
13        (4) reimbursement has been successfully negotiated in
14    good faith between the pharmacist and the health plan.
 
15    Section 45. The Medical Practice Act of 1987 is amended by
16changing Sections 2 and 54.2 as follows:
 
17    (225 ILCS 60/2)  (from Ch. 111, par. 4400-2)
18    (Section scheduled to be repealed on January 1, 2027)
19    Sec. 2. Definitions. For purposes of this Act, the
20following definitions shall have the following meanings,
21except where the context requires otherwise:
22    "Act" means the Medical Practice Act of 1987.
23    "Address of record" means the designated address recorded
24by the Department in the applicant's or licensee's application

 

 

HB0559 Engrossed- 57 -LRB103 04144 BMS 49150 b

1file or license file as maintained by the Department's
2licensure maintenance unit.
3    "Chiropractic physician" means a person licensed to treat
4human ailments without the use of drugs and without operative
5surgery. Nothing in this Act shall be construed to prohibit a
6chiropractic physician from providing advice regarding the use
7of non-prescription products or from administering atmospheric
8oxygen. Nothing in this Act shall be construed to authorize a
9chiropractic physician to prescribe drugs.
10    "Department" means the Department of Financial and
11Professional Regulation.
12    "Disciplinary action" means revocation, suspension,
13probation, supervision, practice modification, reprimand,
14required education, fines or any other action taken by the
15Department against a person holding a license.
16    "Email address of record" means the designated email
17address recorded by the Department in the applicant's
18application file or the licensee's license file, as maintained
19by the Department's licensure maintenance unit.
20    "Final determination" means the governing body's final
21action taken under the procedure followed by a health care
22institution, or professional association or society, against
23any person licensed under the Act in accordance with the
24bylaws or rules and regulations of such health care
25institution, or professional association or society.
26    "Fund" means the Illinois State Medical Disciplinary Fund.

 

 

HB0559 Engrossed- 58 -LRB103 04144 BMS 49150 b

1    "Impaired" means the inability to practice medicine with
2reasonable skill and safety due to physical or mental
3disabilities as evidenced by a written determination or
4written consent based on clinical evidence including
5deterioration through the aging process or loss of motor
6skill, or abuse of drugs or alcohol, of sufficient degree to
7diminish a person's ability to deliver competent patient care.
8    "International medical graduate" means a medical graduate
9(i) who has been trained in a country other than the United
10States; (ii) whose education has been certified by the
11Educational Commission for Foreign Medical Graduates; (iii)
12who has passed Step 1, Step 2 Clinical Knowledge, and Step 3 of
13the United States Medical Licensing Examination as required by
14this Act; (iv) who maintains an unencumbered license from
15another country; and (v) who is not licensed to practice
16medicine in any state or territory of the United States.
17    "Medical Board" means the Illinois State Medical Board.
18    "Physician" means a person licensed under the Medical
19Practice Act to practice medicine in all of its branches or a
20chiropractic physician.
21    "Professional association" means an association or society
22of persons licensed under this Act, and operating within the
23State of Illinois, including but not limited to, medical
24societies, osteopathic organizations, and chiropractic
25organizations, but this term shall not be deemed to include
26hospital medical staffs.

 

 

HB0559 Engrossed- 59 -LRB103 04144 BMS 49150 b

1    "Program of care, counseling, or treatment" means a
2written schedule of organized treatment, care, counseling,
3activities, or education, satisfactory to the Medical Board,
4designed for the purpose of restoring an impaired person to a
5condition whereby the impaired person can practice medicine
6with reasonable skill and safety of a sufficient degree to
7deliver competent patient care.
8    "Reinstate" means to change the status of a license or
9permit from inactive or nonrenewed status to active status.
10    "Restore" means to remove an encumbrance from a license
11due to probation, suspension, or revocation.
12    "Secretary" means the Secretary of Financial and
13Professional Regulation.
14(Source: P.A. 102-20, eff. 1-1-22; 102-1117, eff. 1-13-23.)
 
15    (225 ILCS 60/54.2)
16    (Section scheduled to be repealed on January 1, 2027)
17    Sec. 54.2. Physician delegation of authority.
18    (a) Nothing in this Act shall be construed to limit the
19delegation of patient care tasks or duties by a physician, to a
20licensed practical nurse, a registered professional nurse, or
21other licensed person practicing within the scope of his or
22her individual licensing Act. Delegation by a physician
23licensed to practice medicine in all its branches to physician
24assistants or advanced practice registered nurses is also
25addressed in Section 54.5 of this Act. No physician may

 

 

HB0559 Engrossed- 60 -LRB103 04144 BMS 49150 b

1delegate any patient care task or duty that is statutorily or
2by rule mandated to be performed by a physician.
3    (b) In an office or practice setting and within a
4physician-patient relationship, a physician may delegate
5patient care tasks or duties to an unlicensed person who
6possesses appropriate training and experience provided a
7health care professional, who is practicing within the scope
8of such licensed professional's individual licensing Act, is
9on site to provide assistance.
10    (c) Any such patient care task or duty delegated to a
11licensed or unlicensed person must be within the scope of
12practice, education, training, or experience of the delegating
13physician and within the context of a physician-patient
14relationship.
15    (d) Nothing in this Section shall be construed to affect
16referrals for professional services required by law.
17    (e) The Department shall have the authority to promulgate
18rules concerning a physician's delegation, including but not
19limited to, the use of light emitting devices for patient care
20or treatment.
21    (f) Nothing in this Act shall be construed to limit the
22method of delegation that may be authorized by any means,
23including, but not limited to, oral, written, electronic,
24standing orders, protocols, guidelines, or verbal orders.
25    (g) A physician licensed to practice medicine in all of
26its branches under this Act may delegate any and all authority

 

 

HB0559 Engrossed- 61 -LRB103 04144 BMS 49150 b

1prescribed to him or her by law to international medical
2graduate physicians, so long as the tasks or duties are within
3the scope of practice, education, training, or experience of
4the delegating physician who is on site to provide assistance.
5An international medical graduate working in Illinois pursuant
6to this subsection is subject to all statutory and regulatory
7requirements of this Act, as applicable, relating to the
8standards of care. An international medical graduate physician
9is limited to providing treatment under the supervision of a
10physician licensed to practice medicine in all of its
11branches. The supervising physician or employer must keep
12record of and make available upon request by the Department
13the following: (1) evidence of education certified by the
14Educational Commission for Foreign Medical Graduates; (2)
15evidence of passage of Step 1, Step 2 Clinical Knowledge, and
16Step 3 of the United States Medical Licensing Examination as
17required by this Act; and (3) evidence of an unencumbered
18license from another country. This subsection does not apply
19to any international medical graduate whose license as a
20physician is revoked, suspended, or otherwise encumbered.
21(Source: P.A. 100-513, eff. 1-1-18.)
 
22    Section 50. The Pharmacy Practice Act is amended by
23changing Section 3 and by adding Section 9.6 as follows:
 
24    (225 ILCS 85/3)

 

 

HB0559 Engrossed- 62 -LRB103 04144 BMS 49150 b

1    (Section scheduled to be repealed on January 1, 2028)
2    Sec. 3. Definitions. For the purpose of this Act, except
3where otherwise limited therein:
4    (a) "Pharmacy" or "drugstore" means and includes every
5store, shop, pharmacy department, or other place where
6pharmacist care is provided by a pharmacist (1) where drugs,
7medicines, or poisons are dispensed, sold or offered for sale
8at retail, or displayed for sale at retail; or (2) where
9prescriptions of physicians, dentists, advanced practice
10registered nurses, physician assistants, veterinarians,
11podiatric physicians, or optometrists, within the limits of
12their licenses, are compounded, filled, or dispensed; or (3)
13which has upon it or displayed within it, or affixed to or used
14in connection with it, a sign bearing the word or words
15"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
16"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
17"Drugs", "Dispensary", "Medicines", or any word or words of
18similar or like import, either in the English language or any
19other language; or (4) where the characteristic prescription
20sign (Rx) or similar design is exhibited; or (5) any store, or
21shop, or other place with respect to which any of the above
22words, objects, signs or designs are used in any
23advertisement.
24    (b) "Drugs" means and includes (1) articles recognized in
25the official United States Pharmacopoeia/National Formulary
26(USP/NF), or any supplement thereto and being intended for and

 

 

HB0559 Engrossed- 63 -LRB103 04144 BMS 49150 b

1having for their main use the diagnosis, cure, mitigation,
2treatment or prevention of disease in man or other animals, as
3approved by the United States Food and Drug Administration,
4but does not include devices or their components, parts, or
5accessories; and (2) all other articles intended for and
6having for their main use the diagnosis, cure, mitigation,
7treatment or prevention of disease in man or other animals, as
8approved by the United States Food and Drug Administration,
9but does not include devices or their components, parts, or
10accessories; and (3) articles (other than food) having for
11their main use and intended to affect the structure or any
12function of the body of man or other animals; and (4) articles
13having for their main use and intended for use as a component
14or any articles specified in clause (1), (2) or (3); but does
15not include devices or their components, parts or accessories.
16    (c) "Medicines" means and includes all drugs intended for
17human or veterinary use approved by the United States Food and
18Drug Administration.
19    (d) "Practice of pharmacy" means:
20        (1) the interpretation and the provision of assistance
21    in the monitoring, evaluation, and implementation of
22    prescription drug orders;
23        (2) the dispensing of prescription drug orders;
24        (3) participation in drug and device selection;
25        (4) drug administration limited to the administration
26    of oral, topical, injectable, and inhalation as follows:

 

 

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1            (A) in the context of patient education on the
2        proper use or delivery of medications;
3            (B) vaccination of patients 7 years of age and
4        older pursuant to a valid prescription or standing
5        order, by a physician licensed to practice medicine in
6        all its branches, except for vaccinations covered by
7        paragraph (15), upon completion of appropriate
8        training, including how to address contraindications
9        and adverse reactions set forth by rule, with
10        notification to the patient's physician and
11        appropriate record retention, or pursuant to hospital
12        pharmacy and therapeutics committee policies and
13        procedures. Eligible vaccines are those listed on the
14        U.S. Centers for Disease Control and Prevention (CDC)
15        Recommended Immunization Schedule, the CDC's Health
16        Information for International Travel, or the U.S. Food
17        and Drug Administration's Vaccines Licensed and
18        Authorized for Use in the United States. As applicable
19        to the State's Medicaid program and other payers,
20        vaccines ordered and administered in accordance with
21        this subsection shall be covered and reimbursed at no
22        less than the rate that the vaccine is reimbursed when
23        ordered and administered by a physician;
24            (B-5) following the initial administration of
25        long-acting or extended-release form opioid
26        antagonists by a physician licensed to practice

 

 

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1        medicine in all its branches, administration of
2        injections of long-acting or extended-release form
3        opioid antagonists for the treatment of substance use
4        disorder, pursuant to a valid prescription by a
5        physician licensed to practice medicine in all its
6        branches, upon completion of appropriate training,
7        including how to address contraindications and adverse
8        reactions, including, but not limited to, respiratory
9        depression and the performance of cardiopulmonary
10        resuscitation, set forth by rule, with notification to
11        the patient's physician and appropriate record
12        retention, or pursuant to hospital pharmacy and
13        therapeutics committee policies and procedures;
14            (C) administration of injections of
15        alpha-hydroxyprogesterone caproate, pursuant to a
16        valid prescription, by a physician licensed to
17        practice medicine in all its branches, upon completion
18        of appropriate training, including how to address
19        contraindications and adverse reactions set forth by
20        rule, with notification to the patient's physician and
21        appropriate record retention, or pursuant to hospital
22        pharmacy and therapeutics committee policies and
23        procedures; and
24            (D) administration of injections of long-term
25        antipsychotic medications pursuant to a valid
26        prescription by a physician licensed to practice

 

 

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1        medicine in all its branches, upon completion of
2        appropriate training conducted by an Accreditation
3        Council of Pharmaceutical Education accredited
4        provider, including how to address contraindications
5        and adverse reactions set forth by rule, with
6        notification to the patient's physician and
7        appropriate record retention, or pursuant to hospital
8        pharmacy and therapeutics committee policies and
9        procedures.
10        (5) (blank);
11        (6) drug regimen review;
12        (7) drug or drug-related research;
13        (8) the provision of patient counseling;
14        (9) the practice of telepharmacy;
15        (10) the provision of those acts or services necessary
16    to provide pharmacist care;
17        (11) medication therapy management;
18        (12) the responsibility for compounding and labeling
19    of drugs and devices (except labeling by a manufacturer,
20    repackager, or distributor of non-prescription drugs and
21    commercially packaged legend drugs and devices), proper
22    and safe storage of drugs and devices, and maintenance of
23    required records;
24        (13) the assessment and consultation of patients and
25    dispensing of hormonal contraceptives; and
26        (14) the initiation, dispensing, or administration of

 

 

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1    drugs, laboratory tests, assessments, referrals, and
2    consultations for human immunodeficiency virus
3    pre-exposure prophylaxis and human immunodeficiency virus
4    post-exposure prophylaxis under Section 43.5; .
5        (15) vaccination of patients 7 years of age and older
6    for COVID-19 or influenza subcutaneously, intramuscularly,
7    or orally as authorized, approved, or licensed by the
8    United States Food and Drug Administration, pursuant to
9    the following conditions:
10            (A) the vaccine must be authorized or licensed by
11        the United States Food and Drug Administration;
12            (B) the vaccine must be ordered and administered
13        according to the Advisory Committee on Immunization
14        Practices standard immunization schedule;
15            (C) the pharmacist must complete a course of
16        training accredited by the Accreditation Council on
17        Pharmacy Education or a similar health authority or
18        professional body approved by the Division of
19        Professional Regulation;
20            (D) the pharmacist must have a current certificate
21        in basic cardiopulmonary resuscitation;
22            (E) the pharmacist must complete, during each
23        State licensing period, a minimum of 2 hours of
24        immunization-related continuing pharmacy education
25        approved by the Accreditation Council on Pharmacy
26        Education;

 

 

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1            (F) the pharmacist must comply with recordkeeping
2        and reporting requirements of the jurisdiction in
3        which the pharmacist administers vaccines, including
4        informing the patient's primary-care provider, when
5        available, and complying with requirements whereby the
6        person administering a vaccine must review the vaccine
7        registry or other vaccination records prior to
8        administering the vaccine; and
9            (G) the pharmacist must inform the pharmacist's
10        patients who are less than 18 years old, as well as the
11        adult caregiver accompanying the child, of the
12        importance of a well-child visit with a pediatrician
13        or other licensed primary-care provider and must refer
14        patients as appropriate;
15        (16) the ordering and administration of COVID-19
16    therapeutics subcutaneously, intramuscularly, or orally
17    with notification to the patient's physician and
18    appropriate record retention or pursuant to hospital
19    pharmacy and therapeutics committee policies and
20    procedures. Eligible therapeutics are those approved,
21    authorized, or licensed by the United States Food and Drug
22    Administration and must be administered subcutaneously,
23    intramuscularly, or orally in accordance with that
24    approval, authorization, or licensing; and
25        (17) the ordering and administration of tests and
26    screenings for (i) influenza, (ii) SARS-COV 2, and (iii)

 

 

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1    health conditions identified by a statewide public health
2    emergency, as defined in the Illinois Emergency Management
3    Agency Act, with notification to the patient's physician
4    and appropriate record retention or pursuant to hospital
5    pharmacy and therapeutics committee policies and
6    procedures. Eligible tests and screenings are those
7    approved, authorized, or licensed by the United States
8    Food and Drug Administration and must be administered in
9    accordance with that approval, authorization, or
10    licensing.
11        A pharmacist who orders or administers tests or
12    screenings for health conditions described in this
13    paragraph may use a test that may guide clinical
14    decision-making for the health condition that is waived
15    under the federal Clinical Laboratory Improvement
16    Amendments of 1988 and regulations promulgated thereunder
17    or any established screening procedure that is established
18    under a statewide protocol.
19        A pharmacist may delegate the administrative and
20    technical tasks of performing a test for the health
21    conditions described in this paragraph to a registered
22    pharmacy technician or student pharmacist acting under the
23    supervision of the pharmacist.
24    A pharmacist who performs any of the acts defined as the
25practice of pharmacy in this State must be actively licensed
26as a pharmacist under this Act.

 

 

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1    (e) "Prescription" means and includes any written, oral,
2facsimile, or electronically transmitted order for drugs or
3medical devices, issued by a physician licensed to practice
4medicine in all its branches, dentist, veterinarian, podiatric
5physician, or optometrist, within the limits of his or her
6license, by a physician assistant in accordance with
7subsection (f) of Section 4, or by an advanced practice
8registered nurse in accordance with subsection (g) of Section
94, containing the following: (1) name of the patient; (2) date
10when prescription was issued; (3) name and strength of drug or
11description of the medical device prescribed; and (4)
12quantity; (5) directions for use; (6) prescriber's name,
13address, and signature; and (7) DEA registration number where
14required, for controlled substances. The prescription may, but
15is not required to, list the illness, disease, or condition
16for which the drug or device is being prescribed. DEA
17registration numbers shall not be required on inpatient drug
18orders. A prescription for medication other than controlled
19substances shall be valid for up to 15 months from the date
20issued for the purpose of refills, unless the prescription
21states otherwise.
22    (f) "Person" means and includes a natural person,
23partnership, association, corporation, government entity, or
24any other legal entity.
25    (g) "Department" means the Department of Financial and
26Professional Regulation.

 

 

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1    (h) "Board of Pharmacy" or "Board" means the State Board
2of Pharmacy of the Department of Financial and Professional
3Regulation.
4    (i) "Secretary" means the Secretary of Financial and
5Professional Regulation.
6    (j) "Drug product selection" means the interchange for a
7prescribed pharmaceutical product in accordance with Section
825 of this Act and Section 3.14 of the Illinois Food, Drug and
9Cosmetic Act.
10    (k) "Inpatient drug order" means an order issued by an
11authorized prescriber for a resident or patient of a facility
12licensed under the Nursing Home Care Act, the ID/DD Community
13Care Act, the MC/DD Act, the Specialized Mental Health
14Rehabilitation Act of 2013, the Hospital Licensing Act, or the
15University of Illinois Hospital Act, or a facility which is
16operated by the Department of Human Services (as successor to
17the Department of Mental Health and Developmental
18Disabilities) or the Department of Corrections.
19    (k-5) "Pharmacist" means an individual health care
20professional and provider currently licensed by this State to
21engage in the practice of pharmacy.
22    (l) "Pharmacist in charge" means the licensed pharmacist
23whose name appears on a pharmacy license and who is
24responsible for all aspects of the operation related to the
25practice of pharmacy.
26    (m) "Dispense" or "dispensing" means the interpretation,

 

 

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1evaluation, and implementation of a prescription drug order,
2including the preparation and delivery of a drug or device to a
3patient or patient's agent in a suitable container
4appropriately labeled for subsequent administration to or use
5by a patient in accordance with applicable State and federal
6laws and regulations. "Dispense" or "dispensing" does not mean
7the physical delivery to a patient or a patient's
8representative in a home or institution by a designee of a
9pharmacist or by common carrier. "Dispense" or "dispensing"
10also does not mean the physical delivery of a drug or medical
11device to a patient or patient's representative by a
12pharmacist's designee within a pharmacy or drugstore while the
13pharmacist is on duty and the pharmacy is open.
14    (n) "Nonresident pharmacy" means a pharmacy that is
15located in a state, commonwealth, or territory of the United
16States, other than Illinois, that delivers, dispenses, or
17distributes, through the United States Postal Service,
18commercially acceptable parcel delivery service, or other
19common carrier, to Illinois residents, any substance which
20requires a prescription.
21    (o) "Compounding" means the preparation and mixing of
22components, excluding flavorings, (1) as the result of a
23prescriber's prescription drug order or initiative based on
24the prescriber-patient-pharmacist relationship in the course
25of professional practice or (2) for the purpose of, or
26incident to, research, teaching, or chemical analysis and not

 

 

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1for sale or dispensing. "Compounding" includes the preparation
2of drugs or devices in anticipation of receiving prescription
3drug orders based on routine, regularly observed dispensing
4patterns. Commercially available products may be compounded
5for dispensing to individual patients only if all of the
6following conditions are met: (i) the commercial product is
7not reasonably available from normal distribution channels in
8a timely manner to meet the patient's needs and (ii) the
9prescribing practitioner has requested that the drug be
10compounded.
11    (p) (Blank).
12    (q) (Blank).
13    (r) "Patient counseling" means the communication between a
14pharmacist or a student pharmacist under the supervision of a
15pharmacist and a patient or the patient's representative about
16the patient's medication or device for the purpose of
17optimizing proper use of prescription medications or devices.
18"Patient counseling" may include without limitation (1)
19obtaining a medication history; (2) acquiring a patient's
20allergies and health conditions; (3) facilitation of the
21patient's understanding of the intended use of the medication;
22(4) proper directions for use; (5) significant potential
23adverse events; (6) potential food-drug interactions; and (7)
24the need to be compliant with the medication therapy. A
25pharmacy technician may only participate in the following
26aspects of patient counseling under the supervision of a

 

 

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1pharmacist: (1) obtaining medication history; (2) providing
2the offer for counseling by a pharmacist or student
3pharmacist; and (3) acquiring a patient's allergies and health
4conditions.
5    (s) "Patient profiles" or "patient drug therapy record"
6means the obtaining, recording, and maintenance of patient
7prescription information, including prescriptions for
8controlled substances, and personal information.
9    (t) (Blank).
10    (u) "Medical device" or "device" means an instrument,
11apparatus, implement, machine, contrivance, implant, in vitro
12reagent, or other similar or related article, including any
13component part or accessory, required under federal law to
14bear the label "Caution: Federal law requires dispensing by or
15on the order of a physician". A seller of goods and services
16who, only for the purpose of retail sales, compounds, sells,
17rents, or leases medical devices shall not, by reasons
18thereof, be required to be a licensed pharmacy.
19    (v) "Unique identifier" means an electronic signature,
20handwritten signature or initials, thumb print, or other
21acceptable biometric or electronic identification process as
22approved by the Department.
23    (w) "Current usual and customary retail price" means the
24price that a pharmacy charges to a non-third-party payor.
25    (x) "Automated pharmacy system" means a mechanical system
26located within the confines of the pharmacy or remote location

 

 

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1that performs operations or activities, other than compounding
2or administration, relative to storage, packaging, dispensing,
3or distribution of medication, and which collects, controls,
4and maintains all transaction information.
5    (y) "Drug regimen review" means and includes the
6evaluation of prescription drug orders and patient records for
7(1) known allergies; (2) drug or potential therapy
8contraindications; (3) reasonable dose, duration of use, and
9route of administration, taking into consideration factors
10such as age, gender, and contraindications; (4) reasonable
11directions for use; (5) potential or actual adverse drug
12reactions; (6) drug-drug interactions; (7) drug-food
13interactions; (8) drug-disease contraindications; (9)
14therapeutic duplication; (10) patient laboratory values when
15authorized and available; (11) proper utilization (including
16over or under utilization) and optimum therapeutic outcomes;
17and (12) abuse and misuse.
18    (z) "Electronically transmitted prescription" means a
19prescription that is created, recorded, or stored by
20electronic means; issued and validated with an electronic
21signature; and transmitted by electronic means directly from
22the prescriber to a pharmacy. An electronic prescription is
23not an image of a physical prescription that is transferred by
24electronic means from computer to computer, facsimile to
25facsimile, or facsimile to computer.
26    (aa) "Medication therapy management services" means a

 

 

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1distinct service or group of services offered by licensed
2pharmacists, physicians licensed to practice medicine in all
3its branches, advanced practice registered nurses authorized
4in a written agreement with a physician licensed to practice
5medicine in all its branches, or physician assistants
6authorized in guidelines by a supervising physician that
7optimize therapeutic outcomes for individual patients through
8improved medication use. In a retail or other non-hospital
9pharmacy, medication therapy management services shall consist
10of the evaluation of prescription drug orders and patient
11medication records to resolve conflicts with the following:
12        (1) known allergies;
13        (2) drug or potential therapy contraindications;
14        (3) reasonable dose, duration of use, and route of
15    administration, taking into consideration factors such as
16    age, gender, and contraindications;
17        (4) reasonable directions for use;
18        (5) potential or actual adverse drug reactions;
19        (6) drug-drug interactions;
20        (7) drug-food interactions;
21        (8) drug-disease contraindications;
22        (9) identification of therapeutic duplication;
23        (10) patient laboratory values when authorized and
24    available;
25        (11) proper utilization (including over or under
26    utilization) and optimum therapeutic outcomes; and

 

 

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1        (12) drug abuse and misuse.
2    "Medication therapy management services" includes the
3following:
4        (1) documenting the services delivered and
5    communicating the information provided to patients'
6    prescribers within an appropriate time frame, not to
7    exceed 48 hours;
8        (2) providing patient counseling designed to enhance a
9    patient's understanding and the appropriate use of his or
10    her medications; and
11        (3) providing information, support services, and
12    resources designed to enhance a patient's adherence with
13    his or her prescribed therapeutic regimens.
14    "Medication therapy management services" may also include
15patient care functions authorized by a physician licensed to
16practice medicine in all its branches for his or her
17identified patient or groups of patients under specified
18conditions or limitations in a standing order from the
19physician.
20    "Medication therapy management services" in a licensed
21hospital may also include the following:
22        (1) reviewing assessments of the patient's health
23    status; and
24        (2) following protocols of a hospital pharmacy and
25    therapeutics committee with respect to the fulfillment of
26    medication orders.

 

 

HB0559 Engrossed- 78 -LRB103 04144 BMS 49150 b

1    (bb) "Pharmacist care" means the provision by a pharmacist
2of medication therapy management services, with or without the
3dispensing of drugs or devices, intended to achieve outcomes
4that improve patient health, quality of life, and comfort and
5enhance patient safety.
6    (cc) "Protected health information" means individually
7identifiable health information that, except as otherwise
8provided, is:
9        (1) transmitted by electronic media;
10        (2) maintained in any medium set forth in the
11    definition of "electronic media" in the federal Health
12    Insurance Portability and Accountability Act; or
13        (3) transmitted or maintained in any other form or
14    medium.
15    "Protected health information" does not include
16individually identifiable health information found in:
17        (1) education records covered by the federal Family
18    Educational Right and Privacy Act; or
19        (2) employment records held by a licensee in its role
20    as an employer.
21    (dd) "Standing order" means a specific order for a patient
22or group of patients issued by a physician licensed to
23practice medicine in all its branches in Illinois.
24    (ee) "Address of record" means the designated address
25recorded by the Department in the applicant's application file
26or licensee's license file maintained by the Department's

 

 

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1licensure maintenance unit.
2    (ff) "Home pharmacy" means the location of a pharmacy's
3primary operations.
4    (gg) "Email address of record" means the designated email
5address recorded by the Department in the applicant's
6application file or the licensee's license file, as maintained
7by the Department's licensure maintenance unit.
8(Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21;
9102-103, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff.
105-13-22; 102-1051, eff. 1-1-23.)
 
11    (225 ILCS 85/9.6 new)
12    Sec. 9.6. Administration of vaccines and therapeutics by
13registered pharmacy technicians and student pharmacists.
14    (a) Under the supervision of an appropriately trained
15pharmacist, a registered pharmacy technician or student
16pharmacist may administer COVID-19 and influenza vaccines
17subcutaneously, intramuscularly, or orally as authorized,
18approved, or licensed by the United States Food and Drug
19Administration, subject to the following conditions:
20        (1) the vaccination must be ordered by the supervising
21    pharmacist;
22        (2) the supervising pharmacist must be readily and
23    immediately available to the immunizing pharmacy
24    technician or student pharmacist;
25        (3) the pharmacy technician or student pharmacist must

 

 

HB0559 Engrossed- 80 -LRB103 04144 BMS 49150 b

1    complete a practical training program that is approved by
2    the Accreditation Council for Pharmacy Education and that
3    includes hands-on injection technique training and
4    training in the recognition and treatment of emergency
5    reactions to vaccines;
6        (4) the pharmacy technician or student pharmacist must
7    have a current certificate in basic cardiopulmonary
8    resuscitation;
9        (5) the pharmacy technician or student pharmacist must
10    complete, during the relevant licensing period, a minimum
11    of 2 hours of immunization-related continuing pharmacy
12    education that is approved by the Accreditation Council
13    for Pharmacy Education;
14        (6) the supervising pharmacist must comply with all
15    relevant recordkeeping and reporting requirements;
16        (7) the supervising pharmacist must be responsible for
17    complying with requirements related to reporting adverse
18    events;
19        (8) the supervising pharmacist must review the vaccine
20    registry or other vaccination records prior to ordering
21    the vaccination to be administered by the pharmacy
22    technician or student pharmacist;
23        (9) the pharmacy technician or student pharmacist
24    must, if the patient is 18 years of age or younger, inform
25    the patient and the adult caregiver accompanying the
26    patient of the importance of a well-child visit with a

 

 

HB0559 Engrossed- 81 -LRB103 04144 BMS 49150 b

1    pediatrician or other licensed primary-care provider and
2    must refer patients as appropriate;
3        (10) in the case of a COVID-19 vaccine, the
4    vaccination must be ordered and administered according to
5    the Advisory Committee on Immunization Practices' COVID-19
6    vaccine recommendations;
7        (11) in the case of a COVID-19 vaccine, the
8    supervising pharmacist must comply with any applicable
9    requirements or conditions of use as set forth in the
10    Centers for Disease Control and Prevention COVID-19
11    vaccination provider agreement and any other federal
12    requirements that apply to the administration of COVID-19
13    vaccines being administered; and
14        (12) the registered pharmacy technician or student
15    pharmacist and the supervising pharmacist must comply with
16    all other requirements of this Act and the rules adopted
17    thereunder pertaining to the administration of drugs.
18    (b) Under the supervision of an appropriately trained
19pharmacist, a registered pharmacy technician or student
20pharmacist may administer COVID-19 therapeutics
21subcutaneously, intramuscularly, or orally as authorized,
22approved, or licensed by the United States Food and Drug
23Administration, subject to the following conditions:
24        (1) the COVID-19 therapeutic must be authorized,
25    approved or licensed by the United States Food and Drug
26    Administration;

 

 

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1        (2) the COVID-19 therapeutic must be administered
2    subcutaneously, intramuscularly, or orally in accordance
3    with the United States Food and Drug Administration
4    approval, authorization, or licensing;
5        (3) a pharmacy technician or student pharmacist
6    practicing pursuant to this Section must complete a
7    practical training program that is approved by the
8    Accreditation Council for Pharmacy Education and that
9    includes hands-on injection technique training, clinical
10    evaluation of indications and contraindications of
11    COVID-19 therapeutics training, training in the
12    recognition and treatment of emergency reactions to
13    COVID-19 therapeutics, and any additional training
14    required in the United States Food and Drug Administration
15    approval, authorization, or licensing;
16        (4) the pharmacy technician or student pharmacist must
17    have a current certificate in basic cardiopulmonary
18    resuscitation;
19        (5) the pharmacy technician or student pharmacist must
20    comply with any applicable requirements or conditions of
21    use that apply to the administration of COVID-19
22    therapeutics;
23        (6) the supervising pharmacist must comply with all
24    relevant recordkeeping and reporting requirements;
25        (7) the supervising pharmacist must be readily and
26    immediately available to the pharmacy technician or

 

 

HB0559 Engrossed- 83 -LRB103 04144 BMS 49150 b

1    student pharmacist; and
2        (8) the registered pharmacy technician or student
3    pharmacist and the supervising pharmacist must comply with
4    all other requirements of this Act and the rules adopted
5    thereunder pertaining to the administration of drugs.
 
6    Section 55. The Illinois Speech-Language Pathology and
7Audiology Practice Act is amended by changing Section 8.8 as
8follows:
 
9    (225 ILCS 110/8.8)
10    (Section scheduled to be repealed on January 1, 2028)
11    Sec. 8.8. Supervision of speech-language pathology
12assistants.
13    (a) A speech-language pathology assistant shall practice
14only under the supervision of a speech-language pathologist
15who has at least 2 years experience in addition to the
16supervised professional experience required under subsection
17(f) of Section 8 of this Act. A speech-language pathologist
18who supervises a speech-language pathology assistant (i) must
19have completed at least 6 clock hours of training in
20supervision related to speech-language pathology, and (ii)
21must complete at least 2 clock hours of continuing education
22in supervision related to speech-language pathology in each
23new licensing cycle after completion of the initial training
24required under item (i). The Department shall promulgate rules

 

 

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1describing the supervision training requirements. The rules
2may allow a speech-language pathologist to apply to the Board
3for an exemption from this training requirement based upon
4prior supervisory experience.
5    (b) A speech-language pathology assistant must be under
6the direct supervision of a speech-language pathologist at
7least 30% of the speech-language pathology assistant's actual
8patient or client contact time per patient or client during
9the first 90 days of initial employment as a speech-language
10pathology assistant. Thereafter, a speech-language pathology
11assistant must be under the direct supervision of a
12speech-language pathologist at least 20% of the
13speech-language pathology assistant's actual patient or client
14contact time per patient or client. Supervision of a
15speech-language pathology assistant beyond the minimum
16requirements of this subsection may be imposed at the
17discretion of the supervising speech-language pathologist. A
18supervising speech-language pathologist must be available to
19communicate with a speech-language pathology assistant
20whenever the assistant is in contact with a patient or client.
21    (c) A speech-language pathologist that supervises a
22speech-language pathology assistant must document direct
23supervision activities. At a minimum, supervision
24documentation must provide (i) information regarding the
25quality of the speech-language pathology assistant's
26performance of assigned duties, and (ii) verification that

 

 

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1clinical activity is limited to duties specified in Section
28.7.
3    (d) A full-time speech-language pathologist may supervise
4no more than 2 speech-language pathology assistants. A
5speech-language pathologist that does not work full-time may
6supervise no more than one speech-language pathology
7assistant.
8    (e) For purposes of this Section, "direct supervision"
9means on-site, in-view observation and guidance by a
10speech-language pathologist while an assigned activity is
11performed by the speech-language pathology assistant or
12supervision by a speech-language pathologist by way of video
13conferencing technology during telehealth practice.
14(Source: P.A. 100-530, eff. 1-1-18.)
 
15    Section 60. The Illinois Public Aid Code is amended by
16adding Section 5-5.12f as follows:
 
17    (305 ILCS 5/5-5.12f new)
18    Sec. 5-5.12f. Coverage of pharmacy testing, screening,
19vaccinations, and treatment.
20    (a) Subject to approval by the federal Centers for
21Medicare and Medicaid Services, the medical assistance
22program, including both the fee-for-service and managed care
23medical assistance programs established under this Article,
24shall cover services rendered under paragraph (15), (16), or

 

 

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1(17) of subsection (d) of Section 3 of the Pharmacy Practice
2Act.
3    (b) The Department shall establish a fee schedule for
4services rendered under paragraph (15), (16), or (17) of
5subsection (d) of Section 3 of the Pharmacy Practice Act.
6    (c) The rate of reimbursement for services rendered under
7paragraph (15), (16), or (17) of subsection (d) of Section 3 of
8the Pharmacy Practice Act shall be at 85% of the fee schedule
9for physician services under the medical assistance program.
10    (d) A pharmacist must be enrolled in the medical
11assistance program as an ordering and referring provider prior
12to providing services rendered pursuant to paragraph (15),
13(16), or (17) of subsection (d) of Section 3 of the Pharmacy
14Practice Act that is submitted by a pharmacy or pharmacist
15provider for reimbursement pursuant to this Section.
16    (e) The Department shall apply for any necessary federal
17waivers or approvals to implement this Section by January 1,
182024.
19    (f) This Section does not restrict or prohibit any
20services currently provided by pharmacists as authorized by
21law, including, but not limited to, pharmacist services
22provided under this Code or authorized under the Illinois
23Title XIX State Plan.
24    (g) The Department shall submit to the Joint Committee on
25Administrative Rules a rulemaking proposal to implement this
26Section as soon as practicable but no later than 6 months after

 

 

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1federal approval is received.
 
2    Section 65. The Radiation Protection Act of 1990 is
3amended by changing Section 7a as follows:
 
4    (420 ILCS 40/7a)  (from Ch. 111 1/2, par. 210-7a)
5    (Section scheduled to be repealed on January 1, 2027)
6    Sec. 7a. Certification of industrial radiographers.
7    (a) Beginning January 1, 1993, no person may perform
8industrial radiography unless he or she is certified by the
9Department of Nuclear Safety or its successor, the Illinois
10Emergency Management Agency, to perform industrial
11radiography. The Agency shall promulgate regulations
12establishing standards and procedures for certification of
13industrial radiographers. The regulations may include, without
14limitation, provisions specifying a minimum course of study
15and requiring that individuals seeking certification pass an
16examination administered or approved by the Agency. Industrial
17radiography certification shall be valid for 5 years, except
18that certifications for industrial radiography trainees shall
19be valid for 2 years or shall be extended pursuant to
20subsection (e). The Agency shall establish by regulation
21standards and procedures for renewal of certification. The
22regulations shall provide that certification for industrial
23radiography trainees shall be nonrenewable.
24    (b) The regulations of the Department of Nuclear Safety,

 

 

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1as the predecessor agency of the Illinois Emergency Management
2Agency, shall provide for provisional certification of persons
3who performed industrial radiography before January 1, 1993.
4In order to obtain provisional certification, the industrial
5radiographer must apply to the Department no later than
6January 1, 1993. Provisional certification shall be valid for
72 years, except for those certifications extended pursuant to
8subsection (e), provided that a person who has obtained a
9provisional certification must take an examination that is
10administered or approved by the Department within 12 months of
11the date on which the provisional certification was issued.
12Upon passing the examination, the Department shall certify the
13individual as an industrial radiographer. Provisional
14certification shall be nonrenewable.
15    (c) The Agency may, by regulation, assess certification
16fees and fees to recover the cost of examining applicants for
17certification.
18    (d) The Agency may suspend or revoke the certification of
19an industrial radiographer, or take other action as provided
20in Sections 36 and 38 of this Act, if a certified industrial
21radiographer violates this Act or any rule or regulation
22promulgated under this Act, or otherwise endangers the safety
23of himself, his co-workers, or members of the general public.
24It shall be a violation of this Act for any person to allow an
25individual who is not a certified industrial radiographer to
26perform industrial radiography.

 

 

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1    (e) The Agency may extend the term of existing
2certifications for industrial radiographers and industrial
3radiographer trainees in 90-day increments, not to exceed a
4maximum period of 6 months beyond the initial term, to allow
5individuals time to meet the examination criteria. Industrial
6radiographers and industrial radiographer trainees shall meet
7all other requirements as set forth by the Agency.
8(Source: P.A. 94-104, eff. 7-1-05.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.