Full Text of HB0559 103rd General Assembly
HB0559ham001 103RD GENERAL ASSEMBLY | Rep. Bob Morgan Filed: 3/13/2023
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| 1 | | AMENDMENT TO HOUSE BILL 559
| 2 | | AMENDMENT NO. ______. Amend House Bill 559 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as the Health Care | 5 | | Workforce Reinforcement Act. | 6 | | Section 5. The Department of Professional Regulation Law | 7 | | of the
Civil Administrative Code of Illinois is amended by | 8 | | changing 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 | 12 | | provided for in the Illinois Emergency Management Agency Act, | 13 | | the Secretary of Financial and Professional Regulation shall | 14 | | have the following powers, which shall be exercised only in | 15 | | coordination with the Illinois Emergency Management Agency and |
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| 1 | | the Department of Public Health:
| 2 | | (1) The power to suspend the requirements for | 3 | | permanent or temporary licensure of persons who are | 4 | | licensed in another state and are working under the | 5 | | direction of the Illinois Emergency Management Agency and | 6 | | the Department of Public Health pursuant to a declared | 7 | | disaster. | 8 | | (2) The power to modify the scope of practice | 9 | | restrictions under any licensing act administered by the | 10 | | Department for any person working under the direction of | 11 | | the Illinois Emergency Management Agency and the Illinois | 12 | | Department of Public Health pursuant to the declared | 13 | | disaster. | 14 | | (3) The power to expand the exemption in Section 4(a) | 15 | | of the Pharmacy Practice Act to those licensed | 16 | | professionals whose scope of practice has been modified, | 17 | | under paragraph (2) of subsection (a) of this Section, to | 18 | | include any element of the practice of pharmacy as defined | 19 | | in the Pharmacy Practice Act for any person working under | 20 | | the direction of the Illinois Emergency Management Agency | 21 | | and the Illinois Department of Public Health pursuant to | 22 | | the declared disaster. | 23 | | (b) Persons exempt from licensure under paragraph (1) of | 24 | | subsection (a) of this Section and persons operating under | 25 | | modified scope of practice provisions under paragraph (2) of | 26 | | subsection (a) of this Section shall be exempt from licensure |
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| 1 | | or be subject to modified scope of practice only until the | 2 | | declared disaster has ended as provided by law. For purposes | 3 | | of this Section, persons working under the direction of an | 4 | | emergency services and disaster agency accredited by the | 5 | | Illinois Emergency Management Agency and a local public health | 6 | | department, pursuant to a declared disaster, shall be deemed | 7 | | to be working under the direction of the Illinois Emergency | 8 | | Management Agency and the Department of Public Health.
| 9 | | (c) The Secretary or the Director, as his or her designee, | 10 | | shall exercise these powers by way of proclamation.
| 11 | | (d) Any person who was issued a temporary out-of-state | 12 | | permit by the Department, pursuant to a proclamation issued by | 13 | | the Secretary or related action by the Director in response to | 14 | | the COVID-19 pandemic, may continue to practice under his or | 15 | | her temporary out-of-state permit if he or she submits an | 16 | | application for licensure by endorsement to the Department on | 17 | | or before May 11, 2023. Any such person may continue to | 18 | | practice under his or her temporary out-of-state permit until | 19 | | the Department issues the license or denies the application, | 20 | | at which time the temporary out-of-state permit shall expire. | 21 | | If the Department does not issue the license or does not deny | 22 | | the application by May 11, 2024, the temporary out-of-state | 23 | | permit shall expire. If the person holding a temporary | 24 | | out-of-state permit does not submit an application for | 25 | | licensure by endorsement to the Department on or before May | 26 | | 11, 2023, the temporary out-of-state COVID permit shall expire |
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| 1 | | on that date. This subsection applies to the following | 2 | | licensed professions: physician; registered nurse; practical | 3 | | nurse; advanced practice registered nurse; full practice | 4 | | advanced practice registered nurse; pharmacist; occupational | 5 | | therapist; occupational therapy assistant; physical therapist; | 6 | | physical therapy assistant; clinical psychologist; physician | 7 | | assistant; clinical social worker; social worker; dietitian | 8 | | nutritionist; professional counselor; clinical professional | 9 | | counselor; and respiratory care practitioner. | 10 | | (e) Any person who was issued a temporary reinstatement | 11 | | permit by the Department, pursuant to a proclamation issued by | 12 | | the Secretary or related action by the Director in response to | 13 | | the COVID-19 pandemic, may continue to practice under his or | 14 | | her temporary reinstatement permit if he or she submits an | 15 | | application for restoration or reinstatement of his or her | 16 | | license to the Department on or before May 11, 2023. Any such | 17 | | person may continue to practice under his or her temporary | 18 | | reinstatement permit until the Department restores or | 19 | | reinstates the license or denies the application, at which | 20 | | time the temporary reinstatement permit shall expire. If the | 21 | | Department does not restore or reinstate the license or does | 22 | | not deny the application by May 11, 2024, the temporary | 23 | | reinstatement permit shall expire. If the person holding a | 24 | | temporary reinstatement permit does not submit an application | 25 | | for restoration or reinstatement to the Department on or | 26 | | before May 11, 2023, the temporary reinstatement permit shall |
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| 1 | | expire on that date. This subsection applies to the following | 2 | | licensed professions: physician; registered nurse; practical | 3 | | nurse; advanced practice registered nurse; full practice | 4 | | advanced practice registered nurse; pharmacist; occupational | 5 | | therapist; occupational therapy assistant; physical therapist; | 6 | | physical therapy assistant; clinical psychologist; physician | 7 | | assistant; clinical social worker; social worker; dietitian | 8 | | nutritionist; professional counselor; clinical professional | 9 | | counselor; and respiratory care practitioner. | 10 | | (Source: P.A. 99-227, eff. 8-3-15.) | 11 | | Section 10. The Assisted Living and Shared Housing Act is | 12 | | amended by changing Sections 40 and 110 as follows:
| 13 | | (210 ILCS 9/40)
| 14 | | Sec. 40. Probationary licenses. If the applicant has not | 15 | | been
previously licensed under this
Act or if the | 16 | | establishment is not in operation at the time the application | 17 | | is
made and if the Department determines that the applicant | 18 | | meets the licensure requirements of this Act, the Department
| 19 | | shall
issue a probationary license. A probationary license | 20 | | shall be valid for
120 days , except that probationary licenses | 21 | | shall be valid for the duration of a disaster proclaimed by the | 22 | | Governor, unless
sooner suspended or revoked. Within 30 days | 23 | | prior to the termination of a
probationary license,
the | 24 | | Department shall fully and completely review the establishment |
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| 1 | | and, if the
establishment
meets the applicable requirements | 2 | | for licensure, shall issue a license , except that during a | 3 | | disaster proclaimed by the Governor, the Department shall | 4 | | fully and completely review the establishment to the extent | 5 | | feasible . If the
Department finds
that the establishment does | 6 | | not meet the requirements for licensure, but has
made | 7 | | substantial
progress toward meeting those requirements, the | 8 | | license may be renewed once for
a period not to
exceed 120 days | 9 | | from the expiration date of the initial probationary license.
| 10 | | (Source: P.A. 93-1003, eff. 8-23-04.)
| 11 | | (210 ILCS 9/110) | 12 | | Sec. 110. Powers and duties of the Department. | 13 | | (a) The Department shall conduct an annual unannounced | 14 | | on-site visit at
each
assisted living and shared
housing | 15 | | establishment to determine compliance with applicable | 16 | | licensure
requirements and
standards , except that during a | 17 | | disaster proclaimed by the Governor, the Department shall | 18 | | conduct on-site reviews and annual unannounced on-site visits | 19 | | to the extent feasible . Additional visits may be conducted | 20 | | without prior notice to the
assisted living
or shared housing
| 21 | | establishment. | 22 | | (b) Upon receipt of information that may indicate the | 23 | | failure of the
assisted living or shared housing
establishment | 24 | | or a service provider to comply with a provision of this Act,
| 25 | | the Department shall
investigate the matter or make |
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| 1 | | appropriate referrals to other government
agencies and | 2 | | entities having
jurisdiction over the subject matter of the | 3 | | possible violation. The Department
may also make
referrals to | 4 | | any public or private agency that the Department considers
| 5 | | available for appropriate
assistance to those involved. The | 6 | | Department may oversee and coordinate the
enforcement of State
| 7 | | consumer protection policies affecting residents residing in | 8 | | an establishment
licensed under this Act. | 9 | | (c) The Department shall establish by rule complaint | 10 | | receipt,
investigation,
resolution, and involuntary
residency | 11 | | termination procedures. Resolution procedures shall provide | 12 | | for
on-site review and
evaluation of an assisted living or | 13 | | shared housing establishment found to be
in violation of this | 14 | | Act
within a specified period of time based on the gravity and | 15 | | severity of the
violation and any pervasive
pattern of | 16 | | occurrences of the same or similar violations. | 17 | | (d) (Blank). | 18 | | (e) The Department shall by rule establish penalties and | 19 | | sanctions, which
shall include, but need not be limited to,
| 20 | | the creation of a schedule of graduated penalties and | 21 | | sanctions to include
closure. | 22 | | (f) The Department shall by rule establish procedures for | 23 | | disclosure of
information to the public, which
shall include, | 24 | | but not be limited to, ownership, licensure status, frequency | 25 | | of
complaints, disposition of
substantiated complaints, and | 26 | | disciplinary actions. |
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| 1 | | (g) (Blank). | 2 | | (h) Beginning January 1, 2000, the Department shall begin | 3 | | drafting rules
necessary for the administration
of this Act. | 4 | | (Source: P.A. 96-975, eff. 7-2-10.) | 5 | | Section 15. The Nursing Home Care Act is amended by | 6 | | changing Sections 3-102.2, 3-116, 3-702, 3-102.2, 3-202.5, | 7 | | 3-202.6, 3-206, and 3-401 as follows:
| 8 | | (210 ILCS 45/3-102.2)
| 9 | | Sec. 3-102.2. Supported congregate living arrangement | 10 | | demonstration. The
Illinois Department may grant no more than | 11 | | 3 waivers from the requirements of
this Act for facilities | 12 | | participating in the supported
congregate living arrangement | 13 | | demonstration. A joint waiver request must be
made by an | 14 | | applicant and the Department on Aging. If the Department on | 15 | | Aging
does not act upon an application within 60 days, the | 16 | | applicant may submit a
written waiver request on its own | 17 | | behalf. The waiver request must include a
specific program | 18 | | plan describing the types of residents to be served and the
| 19 | | services that will be provided in the facility. The Department | 20 | | shall conduct
an on-site review at each facility annually or | 21 | | as often as necessary to
ascertain compliance with the program | 22 | | plan , except that during a disaster proclaimed by the | 23 | | Governor, the Department shall conduct on-site reviews and | 24 | | annual unannounced on-site visits to the extent feasible . The |
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| 1 | | Department may revoke the
waiver if it determines that the | 2 | | facility is not in compliance with the program
plan. Nothing | 3 | | in this Section prohibits the Department from conducting
| 4 | | complaint investigations.
| 5 | | A facility granted a waiver under this Section is not | 6 | | subject to the
Illinois
Health Facilities Planning Act, unless | 7 | | it subsequently
applies for a
certificate
of need to convert | 8 | | to a nursing facility. A facility applying for conversion
| 9 | | shall meet the licensure and
certificate of need requirements | 10 | | in effect as of the date of application, and
this provision may | 11 | | not be waived.
| 12 | | (Source: P.A. 89-530, eff. 7-19-96.)
| 13 | | (210 ILCS 45/3-116) (from Ch. 111 1/2, par. 4153-116)
| 14 | | Sec. 3-116.
If the applicant has not been previously | 15 | | licensed or if the
facility is not in operation at the time | 16 | | application is made, the Department
shall issue only a | 17 | | probationary license. A probationary license shall be
valid | 18 | | for 120 days , except that probationary licenses shall be valid | 19 | | for the duration of a disaster proclaimed by the Governor, | 20 | | unless sooner suspended or revoked under Section 3-119.
Within | 21 | | 30 days prior to the termination of a probationary license, | 22 | | the Department
shall fully and completely inspect the facility | 23 | | and, if the facility meets
the applicable requirements for | 24 | | licensure, shall issue a license under Section
3-109 , except | 25 | | that during a disaster proclaimed by the Governor, the |
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| 1 | | Department shall fully and completely inspect the | 2 | | establishment within appropriate timeframes to the extent | 3 | | feasible . If the Department finds that the facility does not | 4 | | meet the requirements
for licensure but has made substantial | 5 | | progress toward meeting those requirements,
the license may be | 6 | | renewed once for a period not to exceed 120 days from
the | 7 | | expiration date of the initial probationary license.
| 8 | | (Source: P.A. 81-223.)
| 9 | | (210 ILCS 45/3-202.5)
| 10 | | Sec. 3-202.5. Facility plan review; fees.
| 11 | | (a) Before commencing construction of a new facility or | 12 | | specified types of
alteration or additions to an existing long | 13 | | term care facility involving
major construction, as defined by | 14 | | rule by the Department, with an
estimated cost greater than | 15 | | $100,000, architectural
drawings and specifications for the | 16 | | facility shall be submitted to the
Department for review and | 17 | | approval.
A facility may submit architectural drawings and | 18 | | specifications for other
construction projects for Department | 19 | | review according to subsection (b) that
shall not be subject | 20 | | to fees under subsection (d).
Review of drawings and | 21 | | specifications shall be conducted by an employee of the
| 22 | | Department meeting the qualifications established by the | 23 | | Department of Central
Management Services class specifications | 24 | | for such an individual's position or
by a person contracting | 25 | | with the Department who meets those class
specifications. |
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| 1 | | Final approval of the drawings and specifications for
| 2 | | compliance with design and construction standards shall be | 3 | | obtained from the
Department before the alteration, addition, | 4 | | or new construction is begun.
| 5 | | (b) The Department shall inform an applicant in writing | 6 | | within 10 working
days after receiving drawings and | 7 | | specifications and the required fee, if any,
from the | 8 | | applicant whether the applicant's submission is complete or
| 9 | | incomplete. Failure to provide the applicant with this notice | 10 | | within 10
working days shall result in the submission being | 11 | | deemed complete for purposes
of initiating the 60-day review | 12 | | period under this Section. If the submission
is incomplete, | 13 | | the Department shall inform the applicant of the deficiencies
| 14 | | with the submission in writing. If the submission is complete | 15 | | the required
fee, if any, has been paid,
the Department shall | 16 | | approve or disapprove drawings and specifications
submitted to | 17 | | the Department no later than 60 days following receipt by the
| 18 | | Department. The drawings and specifications shall be of | 19 | | sufficient detail, as
provided by Department rule, to
enable | 20 | | the Department to
render a determination of compliance with | 21 | | design and construction standards
under this Act.
If the | 22 | | Department finds that the drawings are not of sufficient | 23 | | detail for it
to render a determination of compliance, the | 24 | | plans shall be determined to be
incomplete and shall not be | 25 | | considered for purposes of initiating the 60 day
review | 26 | | period.
If a submission of drawings and specifications is |
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| 1 | | incomplete, the applicant
may submit additional information. | 2 | | The 60-day review period shall not commence
until the | 3 | | Department determines that a submission of drawings and
| 4 | | specifications is complete or the submission is deemed | 5 | | complete.
If the Department has not approved or disapproved | 6 | | the
drawings and specifications within 60 days, the | 7 | | construction, major alteration,
or addition shall be deemed | 8 | | approved. If the drawings and specifications are
disapproved, | 9 | | the Department shall state in writing, with specificity, the
| 10 | | reasons for the disapproval. The entity submitting the | 11 | | drawings and
specifications may submit additional information | 12 | | in response to the written
comments from the Department or | 13 | | request a reconsideration of the disapproval.
A final decision | 14 | | of approval or disapproval shall be made within 45 days of the
| 15 | | receipt of the additional information or reconsideration | 16 | | request. If denied,
the Department shall state the specific | 17 | | reasons for the denial.
| 18 | | (c) The Department shall provide written approval for | 19 | | occupancy pursuant
to subsection (g) and shall not issue a | 20 | | violation to a facility as a result
of
a licensure or complaint | 21 | | survey based upon the facility's physical structure
if:
| 22 | | (1) the Department reviewed and approved or deemed | 23 | | approved the drawings
and specifications
for compliance | 24 | | with design and construction standards;
| 25 | | (2) the construction, major alteration, or addition | 26 | | was built as
submitted;
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| 1 | | (3) the law or rules have not been amended since the | 2 | | original approval;
and
| 3 | | (4) the conditions at the facility indicate that there | 4 | | is a reasonable
degree of safety provided for the | 5 | | residents.
| 6 | | (d) The Department shall charge the following fees in | 7 | | connection with its
reviews conducted before June 30, 2004 | 8 | | under this Section:
| 9 | | (1) (Blank).
| 10 | | (2) (Blank).
| 11 | | (3) If the estimated dollar value of the alteration, | 12 | | addition, or new
construction is $100,000 or more but less | 13 | | than $500,000, the fee shall be the
greater of $2,400 or | 14 | | 1.2% of that value.
| 15 | | (4) If the estimated dollar value of the alteration, | 16 | | addition, or new
construction is $500,000 or more but less | 17 | | than $1,000,000, the fee shall be the
greater of $6,000 or | 18 | | 0.96% of that value.
| 19 | | (5) If the estimated dollar value of the alteration, | 20 | | addition, or new
construction is $1,000,000 or more but | 21 | | less than $5,000,000, the fee shall be
the greater of | 22 | | $9,600 or 0.22% of that value.
| 23 | | (6) If the estimated dollar value of the alteration, | 24 | | addition, or new
construction is $5,000,000 or more, the | 25 | | fee shall be
the greater of $11,000 or 0.11% of that value, | 26 | | but shall not exceed $40,000.
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| 1 | | The fees provided in this subsection (d) shall not apply | 2 | | to major
construction projects involving facility changes that | 3 | | are required by
Department rule amendments.
| 4 | | The fees provided in this subsection (d) shall also not | 5 | | apply to major
construction projects if 51% or more of the | 6 | | estimated cost of the project is
attributed to capital | 7 | | equipment. For major construction projects where 51% or
more | 8 | | of the estimated cost of the project is attributed to capital | 9 | | equipment,
the Department shall by rule establish a fee that | 10 | | is reasonably related to the
cost of reviewing the project.
| 11 | | The Department shall not commence the facility plan review | 12 | | process under this
Section until
the applicable fee has been | 13 | | paid.
| 14 | | (e) All fees received by the Department under this Section | 15 | | shall be
deposited into the Health Facility Plan Review Fund, | 16 | | a special fund created in
the State Treasury.
All fees paid by | 17 | | long-term care facilities under subsection (d) shall be used
| 18 | | only to cover the costs relating to the Department's review of | 19 | | long-term care
facility projects under this Section.
Moneys | 20 | | shall be appropriated from that Fund to the
Department only to | 21 | | pay the costs of conducting reviews under this Section or | 22 | | under Section 3-202.5 of the ID/DD Community Care Act or | 23 | | Section 3-202.5 of the MC/DD Act.
None of the moneys in the | 24 | | Health Facility Plan Review Fund shall be used to
reduce the | 25 | | amount of General Revenue Fund moneys appropriated to the | 26 | | Department
for facility plan reviews conducted pursuant to |
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| 1 | | this Section.
| 2 | | (f)(1) The provisions of this amendatory Act of 1997 | 3 | | concerning drawings
and specifications shall apply only to | 4 | | drawings and specifications submitted to
the Department on or | 5 | | after October 1, 1997.
| 6 | | (2) On and after the effective date of this amendatory Act | 7 | | of 1997 and
before October 1, 1997, an applicant may submit or | 8 | | resubmit drawings and
specifications to the Department and pay | 9 | | the fees provided in subsection (d).
If an applicant pays the | 10 | | fees provided in subsection (d) under this paragraph
(2), the | 11 | | provisions of subsection (b) shall apply with regard to those | 12 | | drawings
and specifications.
| 13 | | (g) The Department shall conduct an on-site inspection of | 14 | | the completed
project no later than 30 days after notification | 15 | | from the applicant that the
project has been completed and all | 16 | | certifications required by the Department
have been received | 17 | | and accepted by the Department , except that during a disaster | 18 | | proclaimed by the Governor, the Department shall conduct an | 19 | | on-site inspection of the completed project to the extent | 20 | | feasible . The Department shall
provide written approval for | 21 | | occupancy to the applicant within 5 working days
of the | 22 | | Department's final inspection, provided the applicant has | 23 | | demonstrated
substantial compliance as defined by Department | 24 | | rule.
Occupancy of new major construction is
prohibited until | 25 | | Department approval is received, unless the Department has
not | 26 | | acted within the time frames provided in this subsection (g), |
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| 1 | | in which case
the construction shall be deemed approved. | 2 | | Occupancy shall be authorized after any required health | 3 | | inspection by the Department has been
conducted.
| 4 | | (h) The Department shall establish, by rule, a procedure | 5 | | to conduct interim
on-site review of large or complex | 6 | | construction projects.
| 7 | | (i) The Department shall establish, by rule, an expedited | 8 | | process for
emergency repairs or replacement of like | 9 | | equipment.
| 10 | | (j) Nothing in this Section shall be construed to apply to | 11 | | maintenance,
upkeep, or renovation that does not affect the | 12 | | structural integrity of the
building, does not add beds or | 13 | | services over the number for which the
long-term care facility | 14 | | is licensed, and provides a reasonable degree of safety
for | 15 | | the 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
| 19 | | plan review. | 20 | | (a) Before commencing construction of a new facility or | 21 | | specified types of alteration or additions to an existing | 22 | | long-term care facility involving major construction, as | 23 | | defined by rule by the Department, with an estimated cost | 24 | | greater than $100,000, architectural drawings and | 25 | | specifications for the facility shall be submitted to the |
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| 1 | | Department for review. A facility may submit architectural | 2 | | drawings and specifications for other construction projects | 3 | | for Department review according to subsection (b) of this | 4 | | Section. Review of drawings and specifications shall be | 5 | | conducted by an employee of the Department meeting the | 6 | | qualifications established by the Department of Central | 7 | | Management Services class specifications for such an | 8 | | individual's position or by a person contracting with the | 9 | | Department who meets those class specifications. | 10 | | (b) The Department shall inform an applicant in writing
| 11 | | within 15 working days after receiving drawings and | 12 | | specifications from the applicant whether the applicant's | 13 | | submission is complete or incomplete. Failure to provide the | 14 | | applicant with this notice within 15 working days after | 15 | | receiving drawings and specifications from the applicant shall | 16 | | result in the submission being deemed complete for purposes of | 17 | | initiating the 60-working-day review period under this | 18 | | Section. If the submission is incomplete, the Department shall | 19 | | inform the applicant of the deficiencies with the submission | 20 | | in writing. | 21 | | If the submission is complete, the Department shall | 22 | | approve or disapprove drawings and specifications submitted to | 23 | | the
Department no later than 60 working days following receipt | 24 | | by the Department. The drawings and specifications shall be of | 25 | | sufficient detail, as provided by Department rule, to enable | 26 | | the Department to render a determination of compliance with |
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| 1 | | design and construction standards under this Act. If the | 2 | | Department finds that the drawings are not of sufficient | 3 | | detail for it to render a determination of compliance, the | 4 | | plans shall be determined to be incomplete and shall not be | 5 | | considered for purposes of initiating the 60-working-day | 6 | | review period. If a submission of drawings and specifications | 7 | | is incomplete, the applicant may submit additional | 8 | | information. The 60-working-day review period shall not | 9 | | commence until the Department determines that a submission of | 10 | | drawings and specifications is complete or the submission is | 11 | | deemed complete. If the Department has not approved or | 12 | | disapproved the drawings and specifications within 60 working | 13 | | days after receipt by the Department, the construction, major | 14 | | alteration, or addition shall be deemed approved. If the
| 15 | | drawings and specifications are disapproved, the Department
| 16 | | shall state in writing, with specificity, the reasons for the | 17 | | disapproval. The entity submitting the drawings and | 18 | | specifications may submit additional information in response | 19 | | to the written comments from the Department or request a | 20 | | reconsideration of the disapproval. A final decision of | 21 | | approval or disapproval shall be made within 45 working days | 22 | | after the receipt of the additional information or | 23 | | reconsideration request. If denied, the Department shall state | 24 | | the specific reasons for the denial. | 25 | | (c) The Department shall provide written approval for | 26 | | occupancy pursuant to subsection (e) of this Section and shall |
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| 1 | | not issue a violation to a facility as a result of a licensure | 2 | | or complaint survey based upon the facility's physical | 3 | | structure 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 | 15 | | with its reviews to the Department of Veterans' Affairs. | 16 | | (e) The Department shall conduct an on-site inspection of
| 17 | | the completed project no later than 45 working days after | 18 | | notification from the applicant that the project has been | 19 | | completed and all certifications required by the Department | 20 | | have been received and accepted by the Department , except that | 21 | | during a disaster proclaimed by the Governor, the Department | 22 | | shall conduct an on-site inspection of the completed project | 23 | | to the extent feasible . The Department may extend this | 24 | | deadline if a federally mandated survey time frame takes | 25 | | precedence. The Department shall provide written approval for | 26 | | occupancy to the applicant within 7 working days after the |
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| 1 | | Department's final inspection, provided the applicant has | 2 | | demonstrated substantial compliance as defined by Department | 3 | | rule. Occupancy of new major construction is prohibited until | 4 | | Department approval is received, unless the Department has not | 5 | | acted within the time frames provided in this subsection (e), | 6 | | in which case the construction shall be deemed approved. | 7 | | Occupancy shall be authorized after any required health | 8 | | inspection by the Department has been conducted. | 9 | | (f) The Department shall establish, by rule, an expedited
| 10 | | process for emergency repairs or replacement of like | 11 | | equipment. | 12 | | (g) Nothing in this Section shall be construed to apply to
| 13 | | maintenance, upkeep, or renovation that does not affect the | 14 | | structural integrity or fire or life safety of the building, | 15 | | does not add beds or services over the number for which the | 16 | | long-term care facility is licensed, and provides a reasonable | 17 | | degree of safety for the residents. | 18 | | (h) If the number of licensed facilities increases or the | 19 | | number of beds for the currently licensed facilities | 20 | | increases, the Department has the right to reassess the | 21 | | mandated time frames listed in this Section.
| 22 | | (Source: P.A. 99-314, eff. 8-7-15.)
| 23 | | (210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
| 24 | | Sec. 3-206.
The Department shall prescribe a curriculum | 25 | | for training
nursing assistants, habilitation aides, and child |
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| 1 | | care aides.
| 2 | | (a) No person, except a volunteer who receives no | 3 | | compensation from a
facility and is not included for the | 4 | | purpose of meeting any staffing
requirements set forth by the | 5 | | Department, shall act as a nursing assistant,
habilitation | 6 | | aide, or child care aide in a facility, nor shall any person, | 7 | | under any
other title, not licensed, certified, or registered | 8 | | to render medical care
by the Department of Financial and | 9 | | Professional Regulation, assist with the
personal, medical, or | 10 | | nursing care of residents in a facility, unless such
person | 11 | | meets the following requirements:
| 12 | | (1) Be at least 16 years of age, of temperate habits | 13 | | and good moral
character, honest, reliable and | 14 | | trustworthy.
| 15 | | (2) Be able to speak and understand the English | 16 | | language or a language
understood by a substantial | 17 | | percentage of the facility's residents.
| 18 | | (3) Provide evidence of employment or occupation, if | 19 | | any, and residence
for 2 years prior to his present | 20 | | employment.
| 21 | | (4) Have completed at least 8 years of grade school or | 22 | | provide proof of
equivalent knowledge.
| 23 | | (5) Begin a current course of training for nursing | 24 | | assistants,
habilitation aides, or child care aides, | 25 | | approved by the Department, within 45 days of initial
| 26 | | employment in the capacity of a nursing assistant, |
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| 1 | | habilitation aide, or
child care aide
at any facility. | 2 | | Such courses of training shall be successfully completed
| 3 | | within 120 days of initial employment in the capacity of | 4 | | nursing assistant,
habilitation aide, or child care aide | 5 | | at a facility. Nursing assistants, habilitation
aides, and | 6 | | child care aides who are enrolled in approved courses in | 7 | | community
colleges or other educational institutions on a | 8 | | term, semester , or trimester
basis, shall be exempt from | 9 | | the 120-day completion time limit. During a disaster | 10 | | proclaimed by the Governor, all nursing assistants, | 11 | | habilitation aides, and child care aides shall be exempt | 12 | | from the 120-day completion time limit. The
Department | 13 | | shall adopt rules for such courses of training.
These | 14 | | rules shall include procedures for facilities to
carry on | 15 | | an approved course of training within the facility. The | 16 | | Department shall allow an individual to satisfy the | 17 | | supervised clinical experience requirement for placement | 18 | | on the Health Care Worker Registry under 77 Ill. Adm. Code | 19 | | 300.663 through supervised clinical experience at an | 20 | | assisted living establishment licensed under the Assisted | 21 | | Living and Shared Housing Act. The Department shall adopt | 22 | | rules requiring that the Health Care Worker Registry | 23 | | include information identifying where an individual on the | 24 | | Health Care Worker Registry received his or her clinical | 25 | | training.
| 26 | | The Department may accept comparable training in lieu |
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| 1 | | of the 120-hour
course for student nurses, foreign nurses, | 2 | | military personnel, or employees of
the Department of | 3 | | Human Services.
| 4 | | The Department shall accept on-the-job experience in | 5 | | lieu of clinical training from any individual who | 6 | | participated in the temporary nursing assistant program | 7 | | during the COVID-19 pandemic before the end date of the | 8 | | temporary nursing assistant program and left the program | 9 | | in good standing, and the Department shall notify all | 10 | | approved certified nurse assistant training programs in | 11 | | the State of this requirement. The individual shall | 12 | | receive one hour of credit for every hour employed as a | 13 | | temporary nursing assistant, up to 40 total hours, and | 14 | | shall be permitted 90 days after the end date of the | 15 | | temporary nursing assistant program to enroll in an | 16 | | approved certified nursing assistant training program and | 17 | | 240 days to successfully complete the certified nursing | 18 | | assistant training program. Temporary nursing assistants | 19 | | who enroll in a certified nursing assistant training | 20 | | program within 90 days of the end of the temporary nursing | 21 | | assistant program may continue to work as a nursing | 22 | | assistant for up to 240 days after enrollment in the | 23 | | certified nursing assistant training program. As used in | 24 | | this Section, "temporary nursing assistant program" means | 25 | | the program implemented by the Department of Public Health | 26 | | by emergency rule, as listed in 44 Ill. Reg. 7936, |
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| 1 | | effective April 21, 2020. | 2 | | The facility shall develop and implement procedures, | 3 | | which shall be
approved by the Department, for an ongoing | 4 | | review process, which shall take
place within the | 5 | | facility, for nursing assistants, habilitation aides, and
| 6 | | child care aides.
| 7 | | At the time of each regularly scheduled licensure | 8 | | survey, or at the time
of a complaint investigation, the | 9 | | Department may require any nursing
assistant, habilitation | 10 | | aide, or child care aide to demonstrate, either through | 11 | | written
examination or action, or both, sufficient | 12 | | knowledge in all areas of
required training. If such | 13 | | knowledge is inadequate the Department shall
require the | 14 | | nursing assistant, habilitation aide, or child care aide | 15 | | to complete inservice
training and review in the facility | 16 | | until the nursing assistant, habilitation
aide, or child | 17 | | care aide demonstrates to the Department, either through | 18 | | written
examination or action, or both, sufficient | 19 | | knowledge in all areas of
required training.
| 20 | | (6) Be familiar with and have general skills related | 21 | | to resident care.
| 22 | | (a-0.5) An educational entity, other than a secondary | 23 | | school, conducting a
nursing assistant, habilitation aide, or | 24 | | child care aide
training program
shall initiate a criminal | 25 | | history record check in accordance with the Health Care Worker | 26 | | Background Check Act prior to entry of an
individual into the |
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| 1 | | training program.
A secondary school may initiate a criminal | 2 | | history record check in accordance with the Health Care Worker | 3 | | Background Check Act at any time during or after a training | 4 | | program.
| 5 | | (a-1) Nursing assistants, habilitation aides, or child | 6 | | care aides seeking to be included on the Health Care Worker | 7 | | Registry under the Health Care Worker Background Check Act on | 8 | | or
after January 1, 1996 must authorize the Department of | 9 | | Public Health or its
designee
to request a criminal history | 10 | | record check in accordance with the Health Care Worker | 11 | | Background Check Act and submit all necessary
information. An | 12 | | individual may not newly be included on the Health Care Worker | 13 | | Registry unless a criminal history record check has been | 14 | | conducted with respect to the individual.
| 15 | | (b) Persons subject to this Section shall perform their | 16 | | duties under the
supervision of a licensed nurse.
| 17 | | (c) It is unlawful for any facility to employ any person in | 18 | | the capacity
of nursing assistant, habilitation aide, or child | 19 | | care aide, or under any other title, not
licensed by the State | 20 | | of Illinois to assist in the personal, medical, or
nursing | 21 | | care of residents in such facility unless such person has | 22 | | complied
with this Section.
| 23 | | (d) Proof of compliance by each employee with the | 24 | | requirements set out
in this Section shall be maintained for | 25 | | each such employee by each facility
in the individual | 26 | | personnel folder of the employee. Proof of training shall be |
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| 1 | | obtained only from the Health Care Worker Registry.
| 2 | | (e) Each facility shall obtain access to the Health Care | 3 | | Worker Registry's web application, maintain the employment and | 4 | | demographic information relating to each employee, and verify | 5 | | by the category and type of employment that
each employee | 6 | | subject to this Section meets all the requirements of this
| 7 | | Section.
| 8 | | (f) Any facility that is operated under Section 3-803 | 9 | | shall be
exempt
from the requirements of this Section.
| 10 | | (g) Each skilled nursing and intermediate care facility | 11 | | that
admits
persons who are diagnosed as having Alzheimer's | 12 | | disease or related
dementias shall require all nursing | 13 | | assistants, habilitation aides, or child
care aides, who did | 14 | | not receive 12 hours of training in the care and
treatment of | 15 | | such residents during the training required under paragraph
| 16 | | (5) of subsection (a), to obtain 12 hours of in-house training | 17 | | in the care
and treatment of such residents. If the facility | 18 | | does not provide the
training in-house, the training shall be | 19 | | obtained from other facilities,
community colleges or other | 20 | | educational institutions that have a
recognized course for | 21 | | such training. The Department shall, by rule,
establish a | 22 | | recognized course for such training. The Department's rules | 23 | | shall provide that such
training may be conducted in-house at | 24 | | each facility subject to the
requirements of this subsection, | 25 | | in which case such training shall be
monitored by the | 26 | | Department.
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| 1 | | The Department's rules shall also provide for | 2 | | circumstances and procedures
whereby any person who has | 3 | | received training that meets
the
requirements of this | 4 | | subsection shall not be required to undergo additional
| 5 | | training if he or she is transferred to or obtains employment | 6 | | at a
different facility or a facility other than a long-term | 7 | | care facility but remains continuously employed for pay as a | 8 | | nursing assistant,
habilitation aide, or child care aide. | 9 | | Individuals
who have performed no nursing or nursing-related | 10 | | services
for a period of 24 consecutive months shall be listed | 11 | | as "inactive"
and as such do not meet the requirements of this | 12 | | Section. Licensed sheltered care facilities
shall be
exempt | 13 | | from the requirements of this Section.
| 14 | | An individual employed during the COVID-19 pandemic as a | 15 | | nursing assistant in accordance with any Executive Orders, | 16 | | emergency rules, or policy memoranda related to COVID-19 shall | 17 | | be assumed to meet competency standards and may continue to be | 18 | | employed as a certified nurse assistant when the pandemic ends | 19 | | and the Executive Orders or emergency rules lapse. Such | 20 | | individuals shall be listed on the Department's Health Care | 21 | | Worker Registry website as "active". | 22 | | (Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17; | 23 | | 100-863, eff. 8-14-18; 101-655, eff. 3-12-21.)
| 24 | | (210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401)
| 25 | | Sec. 3-401.
A facility may involuntarily transfer or |
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| 1 | | discharge a resident
only for one or more of the following | 2 | | reasons:
| 3 | | (a) for medical reasons;
| 4 | | (b) for the resident's physical safety;
| 5 | | (c) for the physical safety of other residents, the | 6 | | facility staff or
facility visitors; or
| 7 | | (d) for either late payment or nonpayment for the | 8 | | resident's stay, except
as prohibited by Titles XVIII and | 9 | | XIX of the federal Social
Security Act or during a | 10 | | disaster proclaimed by the Governor . For purposes of this | 11 | | Section, "late payment" means non-receipt
of payment after | 12 | | submission of a bill. If payment is not received within 45
| 13 | | days after submission of a bill, a facility may send a | 14 | | notice to the resident
and responsible party requesting | 15 | | payment within 30 days. If payment is not
received within | 16 | | such 30 days, the facility may thereupon institute | 17 | | transfer
or discharge proceedings by
sending a notice of | 18 | | transfer or discharge to the resident and responsible
| 19 | | party by registered or certified mail. The notice shall | 20 | | state, in addition
to the requirements of Section 3-403 of | 21 | | this Act, that the responsible
party has the right to pay | 22 | | the amount of the bill in full up to the date
the transfer | 23 | | or discharge is to be made and then the resident shall have
| 24 | | the right to remain in the facility. Such payment shall | 25 | | terminate the
transfer or discharge proceedings. This | 26 | | subsection does not apply to those
residents whose care is |
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| 1 | | provided for under the Illinois Public Aid Code.
The | 2 | | Department shall adopt rules setting forth the criteria | 3 | | and procedures
to be applied in cases of involuntary | 4 | | transfer or discharge permitted
under this Section.
| 5 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 6 | | (210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
| 7 | | Sec. 3-702.
(a) A person who believes that this Act or a | 8 | | rule promulgated
under this Act may have been violated may | 9 | | request an investigation. The
request may be submitted to the | 10 | | Department in writing, by telephone, by electronic means, or | 11 | | by
personal visit. An oral complaint shall be reduced to | 12 | | writing by the
Department. The Department shall make | 13 | | available, through its website and upon request, information | 14 | | regarding the oral and phone intake processes and the list of | 15 | | questions that will be asked of the complainant. The | 16 | | Department shall request information identifying the
| 17 | | complainant, including the name, address , and telephone | 18 | | number, to help
enable appropriate follow-up. The Department | 19 | | shall act on such complaints
via on-site visits or other | 20 | | methods deemed appropriate to handle the
complaints with or | 21 | | without such identifying information, as otherwise
provided | 22 | | under this Section. The complainant shall be informed that
| 23 | | compliance with such request is not required to satisfy the | 24 | | procedures for
filing a complaint under this Act. The | 25 | | Department must notify complainants that complaints with less |
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| 1 | | information provided are far more difficult to respond to and | 2 | | investigate.
| 3 | | (b) The substance of the complaint shall be provided in | 4 | | writing to the
licensee, owner, or administrator no earlier | 5 | | than at the commencement of an
on-site inspection of the | 6 | | facility which takes place pursuant to the complaint.
| 7 | | (c) The Department shall not disclose the name of the | 8 | | complainant unless
the complainant consents in writing to the | 9 | | disclosure or the investigation
results in a judicial | 10 | | proceeding, or unless disclosure is essential to the
| 11 | | investigation. The complainant shall be given the opportunity | 12 | | to withdraw
the complaint before disclosure. Upon the request | 13 | | of the complainant, the
Department may permit the complainant | 14 | | or a representative of the complainant
to accompany the person | 15 | | making the on-site inspection of the facility.
| 16 | | (d) Upon receipt of a complaint, the Department shall | 17 | | determine whether this
Act or a rule promulgated under this | 18 | | Act has been or is being violated. The
Department shall | 19 | | investigate all complaints alleging abuse or neglect within
7 | 20 | | days after the receipt of the complaint except that complaints | 21 | | of abuse
or neglect which indicate that a resident's life or | 22 | | safety is in imminent
danger shall be investigated within 24 | 23 | | hours after receipt of the
complaint. All other complaints | 24 | | shall be investigated within 30 days after
the receipt of the | 25 | | complaint , except that during a disaster proclaimed by the | 26 | | Governor, all other complaints shall be investigated within |
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| 1 | | appropriate timeframes to the extent feasible . The Department | 2 | | employees investigating a
complaint shall conduct a brief, | 3 | | informal exit conference with the facility
to alert its | 4 | | administration of any suspected serious deficiency that poses
| 5 | | a direct threat to the health, safety , or welfare of a resident | 6 | | to enable an
immediate correction for the alleviation or | 7 | | elimination of such threat.
Such information and findings | 8 | | discussed in the brief exit conference shall
become a part of | 9 | | the investigating record but shall not in any way
constitute | 10 | | an official or final notice of violation as provided under
| 11 | | Section 3-301. All complaints shall be classified as
"an | 12 | | invalid report", "a valid report", or "an undetermined
| 13 | | report". For any complaint classified as "a valid report", the
| 14 | | Department must determine within 30 working days after any | 15 | | Department employee enters a facility to begin an on-site | 16 | | inspection
if any rule or provision of this Act has been or is | 17 | | being violated.
| 18 | | (d-1) The Department shall, whenever possible, combine an | 19 | | on-site
investigation of a complaint in a facility with other | 20 | | inspections in order
to avoid duplication of inspections.
| 21 | | (e) In all cases, the Department shall inform the | 22 | | complainant of its
findings within 10 days of its | 23 | | determination unless otherwise indicated
by the complainant, | 24 | | and the complainant may direct the Department to
send a copy of | 25 | | such findings to another person. The Department's findings
may | 26 | | include comments or documentation provided by either the |
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| 1 | | complainant
or the licensee pertaining to the complaint. The | 2 | | Department shall also
notify the facility of such findings | 3 | | within 10 days of the determination,
but the name of the | 4 | | complainant or residents shall not be disclosed in this
notice | 5 | | to the facility. The notice of such
findings shall include a | 6 | | copy of the written determination; the
correction order, if | 7 | | any; the warning notice, if any; the inspection
report; or the | 8 | | State licensure form on which the violation is listed.
| 9 | | (f) A written determination, correction order, or warning | 10 | | notice
concerning a complaint, together with the facility's | 11 | | response, shall be
available for public inspection, but the | 12 | | name of the complainant or
resident shall not be disclosed | 13 | | without his consent.
| 14 | | (g) A complainant who is dissatisfied with the | 15 | | determination or
investigation by the Department may request a | 16 | | hearing under Section
3-703. The facility shall be given | 17 | | notice of any such
hearing and may participate in the hearing | 18 | | as a party. If a facility
requests a hearing under Section | 19 | | 3-703 which
concerns a matter covered by a complaint, the | 20 | | complainant shall be given
notice and may participate in the | 21 | | hearing as a party. A request
for a hearing by either a | 22 | | complainant or a facility shall be
submitted in writing to the | 23 | | Department within 30 days after the mailing
of the | 24 | | Department's findings as described in subsection (e) of this
| 25 | | Section. Upon receipt of the request the Department shall | 26 | | conduct a hearing
as provided under Section 3-703.
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| 1 | | (g-5) The Department shall conduct an annual review of all | 2 | | survey activity from the preceding fiscal year and make a | 3 | | report concerning the complaint and survey process. The report | 4 | | shall include, but not be limited to: | 5 | | (1) the total number of complaints received; | 6 | | (2) the breakdown of 24-hour, 7-day, and 30-day | 7 | | complaints; | 8 | | (3) the breakdown of anonymous and non-anonymous | 9 | | complaints; | 10 | | (4) the number of complaints that were substantiated | 11 | | versus unsubstantiated; | 12 | | (5) the total number of substantiated complaints that | 13 | | were completed in the time frame determined under | 14 | | subsection (d); | 15 | | (6) the total number of informal dispute resolutions | 16 | | requested; | 17 | | (7) the total number of informal dispute resolution | 18 | | requests approved; | 19 | | (8) the total number of informal dispute resolutions | 20 | | that were overturned or reduced in severity; | 21 | | (9) the total number of nurse surveyors
hired during | 22 | | the calendar year; | 23 | | (10) the total number of nurse
surveyors who left | 24 | | Department employment; | 25 | | (11) the average length of tenure for nurse surveyors | 26 | | employed by the Department at the time the report is |
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| 1 | | created; | 2 | | (12) the total number of times the Department imposed | 3 | | discretionary denial of payment within 15 days of notice | 4 | | and within 2 days of notice as well as the number of times | 5 | | the discretionary denial of payment took effect; and | 6 | | (13) any other complaint information requested by the | 7 | | Long-Term Care Facility Advisory Board created under | 8 | | Section 2-204 of this Act or the Illinois Long-Term Care | 9 | | Council created under Section 4.04a of the Illinois Act on | 10 | | the Aging. | 11 | | This report shall be provided to the Long-Term Care | 12 | | Facility Advisory Board, the Illinois Long-Term Care Council, | 13 | | and the General Assembly. The Long-Term Care Facility Advisory | 14 | | Board and the Illinois Long-Term Care Council shall review the | 15 | | report and suggest any changes deemed necessary to the | 16 | | Department for review and action, including how to investigate | 17 | | and substantiate anonymous complaints. | 18 | | (h) Any person who knowingly transmits a false report to | 19 | | the
Department commits the offense of disorderly conduct under | 20 | | subsection
(a)(8) of Section 26-1 of the Criminal Code of | 21 | | 2012.
| 22 | | (Source: P.A. 102-432, eff. 8-20-21; 102-947, eff. 1-1-23; | 23 | | revised 12-9-22.)
| 24 | | Section 20. The MC/DD Act is amended by changing Sections | 25 | | 3-116, 3-202.5, 3-401, and 3-702 as follows: |
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| 1 | | (210 ILCS 46/3-116)
| 2 | | Sec. 3-116. Probationary license. If the applicant has not | 3 | | been previously licensed or if the facility is not in | 4 | | operation at the time application is made, the Department | 5 | | shall issue only a probationary license. A probationary | 6 | | license shall be valid for 120 days , except that probationary | 7 | | licenses shall be valid for the duration of a disaster | 8 | | proclaimed by the Governor, unless sooner suspended or revoked | 9 | | under Section 3-119. Within 30 days prior to the termination | 10 | | of a probationary license, the Department shall fully and | 11 | | completely inspect the facility and, if the facility meets the | 12 | | applicable requirements for licensure, shall issue a license | 13 | | under Section 3-109 , except that during a disaster proclaimed | 14 | | by the Governor, the Department shall inspect facilities | 15 | | within an appropriate timeframe to the extent feasible . If the | 16 | | Department finds that the facility does not meet the | 17 | | requirements for licensure but has made substantial progress | 18 | | toward meeting those requirements, the license may be renewed | 19 | | once for a period not to exceed 120 days from the expiration | 20 | | date of the initial probationary license.
| 21 | | (Source: P.A. 99-180, eff. 7-29-15.) | 22 | | (210 ILCS 46/3-202.5)
| 23 | | Sec. 3-202.5. Facility plan review; fees. | 24 | | (a) Before commencing construction of a new facility or |
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| 1 | | specified types of alteration or additions to an existing | 2 | | facility involving major construction, as defined by rule by | 3 | | the Department, with an estimated cost greater than $100,000, | 4 | | architectural drawings and specifications for the facility | 5 | | shall be submitted to the Department for review and approval. | 6 | | A facility may submit architectural drawings and | 7 | | specifications for other construction projects for Department | 8 | | review according to subsection (b) that shall not be subject | 9 | | to fees under subsection (d). Review of drawings and | 10 | | specifications shall be conducted by an employee of the | 11 | | Department meeting the qualifications established by the | 12 | | Department of Central Management Services class specifications | 13 | | for such an individual's position or by a person contracting | 14 | | with the Department who meets those class specifications. | 15 | | Final approval of the drawings and specifications for | 16 | | compliance with design and construction standards shall be | 17 | | obtained from the Department before the alteration, addition, | 18 | | or new construction is begun. | 19 | | (b) The Department shall inform an applicant in writing | 20 | | within 10 working days after receiving drawings and | 21 | | specifications and the required fee, if any, from the | 22 | | applicant whether the applicant's submission is complete or | 23 | | incomplete. Failure to provide the applicant with this notice | 24 | | within 10 working days shall result in the submission being | 25 | | deemed complete for purposes of initiating the 60 day review | 26 | | period under this Section. If the submission is incomplete, |
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| 1 | | the Department shall inform the applicant of the deficiencies | 2 | | with the submission in writing. If the submission is complete | 3 | | the required fee, if any, has been paid, the Department shall | 4 | | approve or disapprove drawings and specifications submitted to | 5 | | the Department no later than 60 days following receipt by the | 6 | | Department. The drawings and specifications shall be of | 7 | | sufficient detail, as provided by Department rule, to enable | 8 | | the Department to render a determination of compliance with | 9 | | design and construction standards under this Act. If the | 10 | | Department finds that the drawings are not of sufficient | 11 | | detail for it to render a determination of compliance, the | 12 | | plans shall be determined to be incomplete and shall not be | 13 | | considered for purposes of initiating the 60 day review | 14 | | period. If a submission of drawings and specifications is | 15 | | incomplete, the applicant may submit additional information. | 16 | | The 60 day review period shall not commence until the | 17 | | Department determines that a submission of drawings and | 18 | | specifications is complete or the submission is deemed | 19 | | complete. If the Department has not approved or disapproved | 20 | | the drawings and specifications within 60 days, the | 21 | | construction, major alteration, or addition shall be deemed | 22 | | approved. If the drawings and specifications are disapproved, | 23 | | the Department shall state in writing, with specificity, the | 24 | | reasons for the disapproval. The entity submitting the | 25 | | drawings and specifications may submit additional information | 26 | | in response to the written comments from the Department or |
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| 1 | | request a reconsideration of the disapproval. A final decision | 2 | | of approval or disapproval shall be made within 45 days of the | 3 | | receipt of the additional information or reconsideration | 4 | | request. If denied, the Department shall state the specific | 5 | | reasons for the denial. | 6 | | (c) The Department shall provide written approval for | 7 | | occupancy pursuant to subsection (g) and shall not issue a | 8 | | violation to a facility as a result of a licensure or complaint | 9 | | survey based upon the facility's physical structure if: | 10 | | (1) the Department reviewed and approved or deemed
| 11 | | approved the drawings and specifications for compliance | 12 | | with design and construction standards; | 13 | | (2) the construction, major alteration, or addition
| 14 | | was built as submitted; | 15 | | (3) the law or rules have not been amended since the
| 16 | | original approval; and | 17 | | (4) the conditions at the facility indicate that
there | 18 | | is a reasonable degree of safety provided for the | 19 | | residents. | 20 | | (d) (Blank). | 21 | | (e) All fees received by the Department under this Section | 22 | | shall be deposited into the Health Facility Plan Review Fund, | 23 | | a special fund created in the State Treasury. Moneys shall be | 24 | | appropriated from that Fund to the Department only to pay the | 25 | | costs of conducting reviews under this Section, under Section | 26 | | 3-202.5 of the Nursing Home Care Act, or under Section 3-202.5 |
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| 1 | | of the ID/DD Community Care Act. None of the moneys in the | 2 | | Health Facility Plan Review Fund shall be used to reduce the | 3 | | amount of General Revenue Fund moneys appropriated to the | 4 | | Department for facility plan reviews conducted pursuant to | 5 | | this Section. | 6 | | (f) (Blank). | 7 | | (g) The Department shall conduct an on site inspection of | 8 | | the completed project no later than 30 days after notification | 9 | | from the applicant that the project has been completed and all | 10 | | certifications required by the Department have been received | 11 | | and accepted by the Department , except that during a disaster | 12 | | proclaimed by the Governor, the Department shall conduct | 13 | | on-site inspection to the extent feasible . The Department | 14 | | shall provide written approval for occupancy to the applicant | 15 | | within 5 working days of the Department's final inspection, | 16 | | provided the applicant has demonstrated substantial compliance | 17 | | as defined by Department rule. Occupancy of new major | 18 | | construction is prohibited until Department approval is | 19 | | received, unless the Department has not acted within the time | 20 | | frames provided in this subsection (g), in which case the | 21 | | construction shall be deemed approved. Occupancy shall be | 22 | | authorized after any required health inspection by the | 23 | | Department has been conducted. | 24 | | (h) The Department shall establish, by rule, a procedure | 25 | | to conduct interim on site review of large or complex | 26 | | construction projects. |
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| 1 | | (i) The Department shall establish, by rule, an expedited | 2 | | process for emergency repairs or replacement of like | 3 | | equipment. | 4 | | (j) Nothing in this Section shall be construed to apply to | 5 | | maintenance, upkeep, or renovation that does not affect the | 6 | | structural integrity of the building, does not add beds or | 7 | | services over the number for which the facility is licensed, | 8 | | and provides a reasonable degree of safety for the residents.
| 9 | | (Source: P.A. 99-180, eff. 7-29-15.) | 10 | | (210 ILCS 46/3-401)
| 11 | | Sec. 3-401. Involuntary transfer or discharge of resident. | 12 | | A facility may involuntarily transfer or discharge a resident | 13 | | only for one or more of the following reasons: | 14 | | (a) for medical reasons; | 15 | | (b) for the resident's physical safety; | 16 | | (c) for the physical safety of other residents, the
| 17 | | facility staff or facility visitors; or | 18 | | (d) for either late payment or nonpayment for the
| 19 | | resident's stay, except as prohibited by Titles XVIII and XIX | 20 | | of the federal Social Security Act or during a disaster | 21 | | proclaimed by the Governor . For purposes of this Section, | 22 | | "late payment" means non-receipt of payment after submission | 23 | | of a bill. If payment is not received within 45 days after | 24 | | submission of a bill, a facility may send a notice to the | 25 | | resident and responsible party requesting payment within 30 |
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| 1 | | days. If payment is not received within such 30 days, the | 2 | | facility may thereupon institute transfer or discharge | 3 | | proceedings by sending a notice of transfer or discharge to | 4 | | the resident and responsible party by registered or certified | 5 | | mail. The notice shall state, in addition to the requirements | 6 | | of Section 3-403 of this Act, that the responsible party has | 7 | | the right to pay the amount of the bill in full up to the date | 8 | | the transfer or discharge is to be made and then the resident | 9 | | shall have the right to remain in the facility. Such payment | 10 | | shall terminate the transfer or discharge proceedings. This | 11 | | subsection does not apply to those residents whose care is | 12 | | provided for under the Illinois Public Aid Code. The | 13 | | Department shall adopt rules setting forth the criteria and | 14 | | procedures to be applied in cases of involuntary transfer or | 15 | | discharge permitted under this Section.
| 16 | | (Source: P.A. 99-180, eff. 7-29-15.) | 17 | | (210 ILCS 46/3-702)
| 18 | | Sec. 3-702. Request for investigation of violation. | 19 | | (a) A person who believes that this Act or a rule | 20 | | promulgated under this Act may have been violated may request | 21 | | an investigation. The request may be submitted to the | 22 | | Department in writing, by telephone, by electronic means, or | 23 | | by personal visit. An oral complaint shall be reduced to | 24 | | writing by the Department. The Department shall make | 25 | | available, through
its website and upon request, information |
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| 1 | | regarding the oral
and phone intake processes and the list of | 2 | | questions that will
be asked of the complainant. The | 3 | | Department shall request information identifying the | 4 | | complainant, including the name, address and telephone number, | 5 | | to help enable appropriate follow up. The Department shall act | 6 | | on such complaints via on-site visits or other methods deemed | 7 | | appropriate to handle the complaints with or without such | 8 | | identifying information, as otherwise provided under this | 9 | | Section. The complainant shall be informed that compliance | 10 | | with such request is not required to satisfy the procedures | 11 | | for filing a complaint under this Act. The Department must | 12 | | notify complainants that complaints with less information | 13 | | provided are far more difficult to respond to and investigate. | 14 | | (b) The substance of the complaint shall be provided in | 15 | | writing to the licensee, owner or administrator no earlier | 16 | | than at the commencement of an on-site inspection of the | 17 | | facility which takes place pursuant to the complaint. | 18 | | (c) The Department shall not disclose the name of the | 19 | | complainant unless the complainant consents in writing to the | 20 | | disclosure or the investigation results in a judicial | 21 | | proceeding, or unless disclosure is essential to the | 22 | | investigation. The complainant shall be given the opportunity | 23 | | to withdraw the complaint before disclosure. Upon the request | 24 | | of the complainant, the Department may permit the complainant | 25 | | or a representative of the complainant to accompany the person | 26 | | making the on-site inspection of the facility. |
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| 1 | | (d) Upon receipt of a complaint, the Department shall | 2 | | determine whether this Act or a rule promulgated under this | 3 | | Act has been or is being violated. The Department shall | 4 | | investigate all complaints alleging abuse or neglect within 7 | 5 | | days after the receipt of the complaint except that complaints | 6 | | of abuse or neglect which indicate that a resident's life or | 7 | | safety is in imminent danger shall be investigated within 24 | 8 | | hours after receipt of the complaint. All other complaints | 9 | | shall be investigated within 30 days after the receipt of the | 10 | | complaint , except that during a disaster proclaimed by the | 11 | | Governor, all other complaints shall be investigated within an | 12 | | appropriate timeframe to the extent feasible . The Department | 13 | | employees investigating a complaint shall conduct a brief, | 14 | | informal exit conference with the facility to alert its | 15 | | administration of any suspected serious deficiency that poses | 16 | | a direct threat to the health, safety or welfare of a resident | 17 | | to enable an immediate correction for the alleviation or | 18 | | elimination of such threat. Such information and findings | 19 | | discussed in the brief exit conference shall become a part of | 20 | | the investigating record but shall not in any way constitute | 21 | | an official or final notice of violation as provided under | 22 | | Section 3-301. All complaints shall be classified as "an | 23 | | invalid report", "a valid report", or "an undetermined | 24 | | report". For any complaint classified as "a valid report", the | 25 | | Department must determine within 30 working days if any rule | 26 | | or provision of this Act has been or is being violated. |
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| 1 | | (d-1) The Department shall, whenever possible, combine an | 2 | | on site investigation of a complaint in a facility with other | 3 | | inspections in order to avoid duplication of inspections. | 4 | | (e) In all cases, the Department shall inform the | 5 | | complainant of its findings within 10 days of its | 6 | | determination unless otherwise indicated by the complainant, | 7 | | and the complainant may direct the Department to send a copy of | 8 | | such findings to another person. The Department's findings may | 9 | | include comments or documentation provided by either the | 10 | | complainant or the licensee pertaining to the complaint. The | 11 | | Department shall also notify the facility of such findings | 12 | | within 10 days of the determination, but the name of the | 13 | | complainant or residents shall not be disclosed in this notice | 14 | | to the facility. The notice of such findings shall include a | 15 | | copy of the written determination; the correction order, if | 16 | | any; the warning notice, if any; the inspection report; or the | 17 | | State licensure form on which the violation is listed. | 18 | | (f) A written determination, correction order, or warning | 19 | | notice concerning a complaint, together with the facility's | 20 | | response, shall be available for public inspection, but the | 21 | | name of the complainant or resident shall not be disclosed | 22 | | without his or her consent. | 23 | | (g) A complainant who is dissatisfied with the | 24 | | determination or investigation by the Department may request a | 25 | | hearing under Section 3-703. The facility shall be given | 26 | | notice of any such hearing and may participate in the hearing |
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| 1 | | as a party. If a facility requests a hearing under Section | 2 | | 3-703 which concerns a matter covered by a complaint, the | 3 | | complainant shall be given notice and may participate in the | 4 | | hearing as a party. A request for a hearing by either a | 5 | | complainant or a facility shall be submitted in writing to the | 6 | | Department within 30 days after the mailing of the | 7 | | Department's findings as described in subsection (e) of this | 8 | | Section. Upon receipt of the request the Department shall | 9 | | conduct a hearing as provided under Section 3-703. | 10 | | (g-5) The Department shall conduct an annual review and
| 11 | | make a report concerning the complaint process that includes
| 12 | | the number of complaints received, the breakdown of anonymous
| 13 | | and non-anonymous complaints and whether the complaints were
| 14 | | substantiated or not, the total number of substantiated
| 15 | | complaints, and any other complaint information requested by
| 16 | | the DD Facility Advisory Board. This report shall be provided | 17 | | to the DD Facility Advisory Board. The DD Facility Advisory | 18 | | Board shall review the report and suggest any changes deemed | 19 | | necessary to the Department for review and action, including | 20 | | how to investigate and substantiate anonymous complaints. | 21 | | (h) Any person who knowingly transmits a false report to | 22 | | the Department commits the offense of disorderly conduct under | 23 | | subsection (a)(8) of Section 26-1 of the Criminal Code of | 24 | | 2012.
| 25 | | (Source: P.A. 99-180, eff. 7-29-15.) |
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| 1 | | Section 25. The ID/DD Community Care Act is amended by | 2 | | changing Sections 3-116, 3-206, 3-401, and 3-702 as follows: | 3 | | (210 ILCS 47/3-116)
| 4 | | Sec. 3-116. Probationary license. If the applicant has not | 5 | | been previously licensed or if the facility is not in | 6 | | operation at the time application is made, the Department | 7 | | shall issue only a probationary license. A probationary | 8 | | license shall be valid for 120 days , except that probationary | 9 | | licenses shall be valid for the duration of a disaster | 10 | | proclaimed by the Governor, unless sooner suspended or revoked | 11 | | under Section 3-119. Within 30 days prior to the termination | 12 | | of a probationary license, the Department shall fully and | 13 | | completely inspect the facility and, if the facility meets the | 14 | | applicable requirements for licensure, shall issue a license | 15 | | under Section 3-109 except that during a disaster proclaimed | 16 | | by the Governor, the Department shall inspect facilities | 17 | | within an appropriate timeframe to the extent feasible . If the | 18 | | Department finds that the facility does not meet the | 19 | | requirements for licensure but has made substantial progress | 20 | | toward meeting those requirements, the license may be renewed | 21 | | once for a period not to exceed 120 days from the expiration | 22 | | date of the initial probationary license.
| 23 | | (Source: P.A. 96-339, eff. 7-1-10 .) | 24 | | (210 ILCS 47/3-206)
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| 1 | | Sec. 3-206. Curriculum for training nursing assistants and | 2 | | aides. The Department shall prescribe a curriculum for | 3 | | training nursing assistants, habilitation aides, and child | 4 | | care aides. | 5 | | (a) No person, except a volunteer who receives no | 6 | | compensation from a facility and is not included for the | 7 | | purpose of meeting any staffing requirements set forth by the | 8 | | Department, shall act as a nursing assistant, habilitation | 9 | | aide, or child care aide in a facility, nor shall any person, | 10 | | under any other title, not licensed, certified, or registered | 11 | | to render medical care by the Department of Financial and | 12 | | Professional Regulation, assist with the personal, medical, or | 13 | | nursing care of residents in a facility, unless such person | 14 | | meets the following requirements: | 15 | | (1) Be at least 16 years of age, of temperate habits
| 16 | | and good moral character, honest, reliable and | 17 | | trustworthy. | 18 | | (2) Be able to speak and understand the English
| 19 | | language or a language understood by a substantial | 20 | | percentage of the facility's residents. | 21 | | (3) Provide evidence of employment or occupation, if
| 22 | | any, and residence for 2 years prior to his or her present | 23 | | employment. | 24 | | (4) Have completed at least 8 years of grade school
or | 25 | | provide proof of equivalent knowledge. | 26 | | (5) Begin a current course of training for nursing
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| 1 | | assistants, habilitation aides, or child care aides, | 2 | | approved by the Department, within 45 days of initial | 3 | | employment in the capacity of a nursing assistant, | 4 | | habilitation aide, or child care aide at any facility. | 5 | | Such courses of training shall be successfully completed | 6 | | within 120 days of initial employment in the capacity of | 7 | | nursing assistant, habilitation aide, or child care aide | 8 | | at a facility , except that during a disaster proclaimed by | 9 | | the Governor training shall be completed to the extent | 10 | | feasible . Nursing assistants, habilitation aides, and | 11 | | child care aides who are enrolled in approved courses in | 12 | | community colleges or other educational institutions on a | 13 | | term, semester or trimester basis, shall be exempt from | 14 | | the 120-day completion time limit. The Department shall | 15 | | adopt rules for such courses of training. These rules | 16 | | shall include procedures for facilities to carry on an | 17 | | approved course of training within the facility. | 18 | | The Department may accept comparable training in
lieu | 19 | | of the 120-hour course for student nurses, foreign nurses, | 20 | | military personnel, or employees of the Department of | 21 | | Human Services. | 22 | | The facility shall develop and implement procedures,
| 23 | | which shall be approved by the Department, for an ongoing | 24 | | review process, which shall take place within the | 25 | | facility, for nursing assistants, habilitation aides, and | 26 | | child care aides. |
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| 1 | | At the time of each regularly scheduled licensure
| 2 | | survey, or at the time of a complaint investigation, the | 3 | | Department may require any nursing assistant, habilitation | 4 | | aide, or child care aide to demonstrate, either through | 5 | | written examination or action, or both, sufficient | 6 | | knowledge in all areas of required training. If such | 7 | | knowledge is inadequate the Department shall require the | 8 | | nursing assistant, habilitation aide, or child care aide | 9 | | to complete inservice training and review in the facility | 10 | | until the nursing assistant, habilitation aide, or child | 11 | | care aide demonstrates to the Department, either through | 12 | | written examination or action, or both, sufficient | 13 | | knowledge in all areas of required training; and | 14 | | (6) Be familiar with and have general skills related
| 15 | | to resident care. | 16 | | (a-0.5) An educational entity, other than a secondary | 17 | | school, conducting a nursing assistant, habilitation aide, or | 18 | | child care aide training program shall initiate a criminal | 19 | | history record check in accordance with the Health Care Worker | 20 | | Background Check Act prior to entry of an individual into the | 21 | | training program. A secondary school may initiate a criminal | 22 | | history record check in accordance with the Health Care Worker | 23 | | Background Check Act at any time during or after a training | 24 | | program. | 25 | | (a-1) Nursing assistants, habilitation aides, or child | 26 | | care aides seeking to be included on the Health Care Worker |
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| 1 | | Registry under the Health Care Worker Background Check Act | 2 | | must authorize the Department of Public Health or its designee | 3 | | to request a criminal history record check in accordance with | 4 | | the Health Care Worker Background Check Act and submit all | 5 | | necessary information. An individual may not newly be included | 6 | | on the Health Care Worker Registry unless a criminal history | 7 | | record check has been conducted with respect to the | 8 | | individual. | 9 | | (b) Persons subject to this Section shall perform their | 10 | | duties under the supervision of a licensed nurse or other | 11 | | appropriately trained, licensed, or certified personnel. | 12 | | (c) It is unlawful for any facility to employ any person in | 13 | | the capacity of nursing assistant, habilitation aide, or child | 14 | | care aide, or under any other title, not licensed by the State | 15 | | of Illinois to assist in the personal, medical, or nursing | 16 | | care of residents in such facility unless such person has | 17 | | complied with this Section. | 18 | | (d) Proof of compliance by each employee with the | 19 | | requirements set out in this Section shall be maintained for | 20 | | each such employee by each facility in the individual | 21 | | personnel folder of the employee. Proof of training shall be | 22 | | obtained only from the Health Care Worker Registry. | 23 | | (e) Each facility shall obtain access to the Health Care | 24 | | Worker Registry's web application, maintain the employment and | 25 | | demographic information relating to each employee, and verify | 26 | | by the category and type of employment that each employee |
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| 1 | | subject to this Section meets all the requirements of this | 2 | | Section. | 3 | | (f) Any facility that is operated under Section 3-803 | 4 | | shall be exempt from the requirements of this Section. | 5 | | (g) Each skilled nursing and intermediate care facility | 6 | | that admits persons who are diagnosed as having Alzheimer's | 7 | | disease or related dementias shall require all nursing | 8 | | assistants, habilitation aides, or child care aides, who did | 9 | | not receive 12 hours of training in the care and treatment of | 10 | | such residents during the training required under paragraph | 11 | | (5) of subsection (a), to obtain 12 hours of in house training | 12 | | in the care and treatment of such residents. If the facility | 13 | | does not provide the training in house, the training shall be | 14 | | obtained from other facilities, community colleges or other | 15 | | educational institutions that have a recognized course for | 16 | | such training. The Department shall, by rule, establish a | 17 | | recognized course for such training. | 18 | | The Department's rules shall provide that such training | 19 | | may be conducted in house at each facility subject to the | 20 | | requirements of this subsection, in which case such training | 21 | | shall be monitored by the Department.
The Department's rules | 22 | | shall also provide for circumstances and procedures whereby | 23 | | any person who has received training that meets the | 24 | | requirements of this subsection shall not be required to | 25 | | undergo additional training if he or she is transferred to or | 26 | | obtains employment at a different facility or a facility other |
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| 1 | | than those licensed under this Act but remains continuously | 2 | | employed as a nursing assistant, habilitation aide, or child | 3 | | care aide. Individuals who have performed no nursing, | 4 | | nursing-related services, or habilitation services for a | 5 | | period of 24 consecutive months shall be listed as inactive | 6 | | and as such do not meet the requirements of this Section. | 7 | | Licensed sheltered care facilities shall be exempt from the | 8 | | requirements of this Section.
| 9 | | (Source: P.A. 100-432, eff. 8-25-17.) | 10 | | (210 ILCS 47/3-401)
| 11 | | Sec. 3-401. Involuntary transfer or discharge of resident. | 12 | | A facility may involuntarily transfer or discharge a resident | 13 | | only for one or more of the following reasons: | 14 | | (a) for medical reasons; | 15 | | (b) for the resident's physical safety; | 16 | | (c) for the physical safety of other residents, the
| 17 | | facility staff or facility visitors; or | 18 | | (d) for either late payment or nonpayment for the
| 19 | | resident's stay, except as prohibited by Titles XVIII and XIX | 20 | | of the federal Social Security Act or during a disaster | 21 | | proclaimed by the Governor . For purposes of this Section, | 22 | | "late payment" means non-receipt of payment after submission | 23 | | of a bill. If payment is not received within 45 days after | 24 | | submission of a bill, a facility may send a notice to the | 25 | | resident and responsible party requesting payment within 30 |
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| 1 | | days. If payment is not received within such 30 days, the | 2 | | facility may thereupon institute transfer or discharge | 3 | | proceedings by sending a notice of transfer or discharge to | 4 | | the resident and responsible party by registered or certified | 5 | | mail. The notice shall state, in addition to the requirements | 6 | | of Section 3-403 of this Act, that the responsible party has | 7 | | the right to pay the amount of the bill in full up to the date | 8 | | the transfer or discharge is to be made and then the resident | 9 | | shall have the right to remain in the facility. Such payment | 10 | | shall terminate the transfer or discharge proceedings. This | 11 | | subsection does not apply to those residents whose care is | 12 | | provided for under the Illinois Public Aid Code. The | 13 | | Department shall adopt rules setting forth the criteria and | 14 | | procedures to be applied in cases of involuntary transfer or | 15 | | discharge permitted under this Section.
| 16 | | (Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.) | 17 | | (210 ILCS 47/3-702)
| 18 | | Sec. 3-702. Request for investigation of violation. | 19 | | (a) A person who believes that this Act or a rule | 20 | | promulgated under this Act may have been violated may request | 21 | | an investigation. The request may be submitted to the | 22 | | Department in writing, by telephone, by electronic means, or | 23 | | by personal visit. An oral complaint shall be reduced to | 24 | | writing by the Department. The Department shall make | 25 | | available, through
its website and upon request, information |
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| 1 | | regarding the oral
and phone intake processes and the list of | 2 | | questions that will
be asked of the complainant. The | 3 | | Department shall request information identifying the | 4 | | complainant, including the name, address and telephone number, | 5 | | to help enable appropriate follow up. The Department shall act | 6 | | on such complaints via on-site visits or other methods deemed | 7 | | appropriate to handle the complaints with or without such | 8 | | identifying information, as otherwise provided under this | 9 | | Section. The complainant shall be informed that compliance | 10 | | with such request is not required to satisfy the procedures | 11 | | for filing a complaint under this Act. The Department must | 12 | | notify complainants that complaints with less information | 13 | | provided are far more difficult to respond to and investigate. | 14 | | (b) The substance of the complaint shall be provided in | 15 | | writing to the licensee, owner or administrator no earlier | 16 | | than at the commencement of an on-site inspection of the | 17 | | facility which takes place pursuant to the complaint. | 18 | | (c) The Department shall not disclose the name of the | 19 | | complainant unless the complainant consents in writing to the | 20 | | disclosure or the investigation results in a judicial | 21 | | proceeding, or unless disclosure is essential to the | 22 | | investigation. The complainant shall be given the opportunity | 23 | | to withdraw the complaint before disclosure. Upon the request | 24 | | of the complainant, the Department may permit the complainant | 25 | | or a representative of the complainant to accompany the person | 26 | | making the on-site inspection of the facility. |
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| 1 | | (d) Upon receipt of a complaint, the Department shall | 2 | | determine whether this Act or a rule promulgated under this | 3 | | Act has been or is being violated. The Department shall | 4 | | investigate all complaints alleging abuse or neglect within 7 | 5 | | days after the receipt of the complaint except that complaints | 6 | | of abuse or neglect which indicate that a resident's life or | 7 | | safety is in imminent danger shall be investigated within 24 | 8 | | hours after receipt of the complaint. All other complaints | 9 | | shall be investigated within 30 days after the receipt of the | 10 | | complaint , except that during a disaster proclaimed by the | 11 | | Governor, all other complaints shall be investigated within an | 12 | | appropriate timeframe to the extent feasible . The Department | 13 | | employees investigating a complaint shall conduct a brief, | 14 | | informal exit conference with the facility to alert its | 15 | | administration of any suspected serious deficiency that poses | 16 | | a direct threat to the health, safety or welfare of a resident | 17 | | to enable an immediate correction for the alleviation or | 18 | | elimination of such threat. Such information and findings | 19 | | discussed in the brief exit conference shall become a part of | 20 | | the investigating record but shall not in any way constitute | 21 | | an official or final notice of violation as provided under | 22 | | Section 3-301. All complaints shall be classified as "an | 23 | | invalid report", "a valid report", or "an undetermined | 24 | | report". For any complaint classified as "a valid report", the | 25 | | Department must determine within 30 working days if any rule | 26 | | or provision of this Act has been or is being violated. |
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| 1 | | (d-1) The Department shall, whenever possible, combine an | 2 | | on site investigation of a complaint in a facility with other | 3 | | inspections in order to avoid duplication of inspections. | 4 | | (e) In all cases, the Department shall inform the | 5 | | complainant of its findings within 10 days of its | 6 | | determination unless otherwise indicated by the complainant, | 7 | | and the complainant may direct the Department to send a copy of | 8 | | such findings to another person. The Department's findings may | 9 | | include comments or documentation provided by either the | 10 | | complainant or the licensee pertaining to the complaint. The | 11 | | Department shall also notify the facility of such findings | 12 | | within 10 days of the determination, but the name of the | 13 | | complainant or residents shall not be disclosed in this notice | 14 | | to the facility. The notice of such findings shall include a | 15 | | copy of the written determination; the correction order, if | 16 | | any; the warning notice, if any; the inspection report; or the | 17 | | State licensure form on which the violation is listed. | 18 | | (f) A written determination, correction order, or warning | 19 | | notice concerning a complaint, together with the facility's | 20 | | response, shall be available for public inspection, but the | 21 | | name of the complainant or resident shall not be disclosed | 22 | | without his or her consent. | 23 | | (g) A complainant who is dissatisfied with the | 24 | | determination or investigation by the Department may request a | 25 | | hearing under Section 3-703. The facility shall be given | 26 | | notice of any such hearing and may participate in the hearing |
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| 1 | | as a party. If a facility requests a hearing under Section | 2 | | 3-703 which concerns a matter covered by a complaint, the | 3 | | complainant shall be given notice and may participate in the | 4 | | hearing as a party. A request for a hearing by either a | 5 | | complainant or a facility shall be submitted in writing to the | 6 | | Department within 30 days after the mailing of the | 7 | | Department's findings as described in subsection (e) of this | 8 | | Section. Upon receipt of the request the Department shall | 9 | | conduct a hearing as provided under Section 3-703. | 10 | | (g-5) The Department shall conduct an annual review and
| 11 | | make a report concerning the complaint process that includes
| 12 | | the number of complaints received, the breakdown of anonymous
| 13 | | and non-anonymous complaints and whether the complaints were
| 14 | | substantiated or not, the total number of substantiated
| 15 | | complaints, and any other complaint information requested by
| 16 | | the DD Facility Advisory Board. This report shall be provided | 17 | | to the DD Facility Advisory Board. The DD Facility Advisory | 18 | | Board shall review the report and suggest any changes deemed | 19 | | necessary to the Department for review and action, including | 20 | | how to investigate and substantiate anonymous complaints. | 21 | | (h) Any person who knowingly transmits a false report to | 22 | | the Department commits the offense of disorderly conduct under | 23 | | subsection (a)(8) of Section 26-1 of the Criminal Code of | 24 | | 2012.
| 25 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14.) |
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| 1 | | Section 30. The Specialized Mental Health Rehabilitation | 2 | | Act of 2013 is amended by changing Section 4-105 as follows: | 3 | | (210 ILCS 49/4-105)
| 4 | | Sec. 4-105. Provisional licensure duration. A provisional | 5 | | license shall be valid upon fulfilling the requirements | 6 | | established by the Department by emergency rule. The license | 7 | | shall remain valid as long as a facility remains in compliance | 8 | | with the licensure provisions established in rule. Provisional | 9 | | licenses issued upon initial licensure as a specialized mental | 10 | | health rehabilitation facility shall expire at the end of a | 11 | | 3-year period, which commences on the date the provisional | 12 | | license is issued. Issuance of a provisional license for any | 13 | | reason other than initial licensure (including, but not | 14 | | limited to, change of ownership, location, number of beds, or | 15 | | services) shall not extend the maximum 3-year period, at the | 16 | | end of which a facility must be licensed pursuant to Section | 17 | | 4-201 , except that provisional licenses shall be valid for the | 18 | | duration of a disaster proclaimed by the Governor . | 19 | | Notwithstanding any other provision of this Act or the | 20 | | Specialized Mental Health Rehabilitation Facilities Code, 77 | 21 | | Ill. Adm. Admin. Code 380, to the contrary, if a facility has | 22 | | received notice from the Department that its application for | 23 | | provisional licensure to provide recovery and rehabilitation | 24 | | services has been accepted as complete and the facility has | 25 | | attested in writing to the Department that it will comply with |
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| 1 | | the staff training plan approved by the Division of Mental | 2 | | Health, then a provisional license for recovery and | 3 | | rehabilitation services shall be issued to the facility within | 4 | | 60 days after the Department determines that the facility is | 5 | | in compliance with the requirements of the Life Safety Code in | 6 | | accordance with Section 4-104.5 of this Act.
| 7 | | (Source: P.A. 99-712, eff. 8-5-16; 100-365, eff. 8-25-17; | 8 | | revised 2-28-22.) | 9 | | Section 35. The Health Care Worker Background Check Act is | 10 | | amended by changing Section 33 as follows: | 11 | | (225 ILCS 46/33) | 12 | | Sec. 33. Fingerprint-based criminal history records check. | 13 | | (a) A fingerprint-based criminal history records check is | 14 | | not required for health care employees who have been | 15 | | continuously employed by a health care employer since October | 16 | | 1, 2007, have met the requirements for criminal history | 17 | | background checks prior to October 1, 2007, and have no | 18 | | disqualifying convictions or requested and received a waiver | 19 | | of those disqualifying convictions. These employees shall be | 20 | | retained on the Health Care Worker Registry as long as they | 21 | | remain active. Nothing in this subsection (a) shall be | 22 | | construed to prohibit a health care employer from initiating a | 23 | | criminal history records check for these employees. Should | 24 | | these employees seek a new position with a different health |
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| 1 | | care employer, then a fingerprint-based criminal history | 2 | | records check shall be required.
| 3 | | (b) On October 1, 2007 or as soon thereafter as is | 4 | | reasonably practical, in the discretion of the Director of | 5 | | Public Health, and thereafter, any student,
applicant, or | 6 | | employee who desires to be included on the Department of | 7 | | Public Health's Health Care Worker Registry shall authorize | 8 | | the Department of Public Health or its designee to request a | 9 | | fingerprint-based criminal history records check to determine | 10 | | if the individual has a conviction for a disqualifying | 11 | | offense. This authorization shall allow the Department of | 12 | | Public Health to request and receive information and | 13 | | assistance from any State or governmental agency. Each | 14 | | individual shall submit his or her fingerprints to the | 15 | | Illinois State Police in an electronic format that complies | 16 | | with the form and manner for requesting and furnishing | 17 | | criminal history record information prescribed by the Illinois | 18 | | State Police. The fingerprints submitted under this Section | 19 | | shall be checked against the fingerprint records now and | 20 | | hereafter filed in the Illinois State Police criminal history | 21 | | record databases. The Illinois State Police shall charge a fee | 22 | | for conducting the criminal history records check, which shall | 23 | | not exceed the actual cost of the records check. The livescan | 24 | | vendor may act as the designee for individuals, educational | 25 | | entities, or health care employers in the collection of | 26 | | Illinois State Police fees and deposit those fees into the |
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| 1 | | State Police Services Fund. The Illinois State Police shall | 2 | | provide information concerning any criminal convictions, now | 3 | | or hereafter filed, against the individual. | 4 | | (c) On October 1, 2007 or as soon thereafter as is | 5 | | reasonably practical, in the discretion of the Director of | 6 | | Public Health, and thereafter, an educational
entity, other | 7 | | than a secondary school, conducting a nurse aide training | 8 | | program shall initiate a fingerprint-based criminal history | 9 | | records check required by this Act prior to entry of an | 10 | | individual into the training program. | 11 | | (d) On October 1, 2007 or as soon thereafter as is | 12 | | reasonably practical, in the discretion of the Director of | 13 | | Public Health, and thereafter, a health care
employer who | 14 | | makes a conditional offer of employment to an applicant for a | 15 | | position as an employee shall initiate a fingerprint-based | 16 | | criminal history record check, requested by the Department of | 17 | | Public Health, on the applicant, if such a background check | 18 | | has not been previously conducted. Workforce intermediaries | 19 | | and organizations providing pro bono legal services may | 20 | | initiate a fingerprint-based criminal history record check if | 21 | | a conditional offer of employment has not been made and a | 22 | | background check has not been previously conducted for an | 23 | | individual who has a disqualifying conviction and is receiving | 24 | | services from a workforce intermediary or an organization | 25 | | providing pro bono legal services. | 26 | | (e) When initiating a background check requested by the
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| 1 | | Department of Public Health, an educational entity, health | 2 | | care employer, workforce intermediary, or organization that | 3 | | provides pro bono legal services shall electronically submit | 4 | | to the Department of Public Health the student's, applicant's, | 5 | | or employee's social security number, demographics, | 6 | | disclosure, and authorization information in a format | 7 | | prescribed by the Department of Public Health within 2 working | 8 | | days after the authorization is secured. The student, | 9 | | applicant, or employee shall have his or her fingerprints | 10 | | collected electronically and transmitted to the Illinois State | 11 | | Police within 10 working days. The educational entity, health | 12 | | care employer, workforce intermediary, or organization that | 13 | | provides pro bono legal services shall transmit all necessary | 14 | | information and fees to the livescan vendor and Illinois State | 15 | | Police within 10 working days after receipt of the | 16 | | authorization. This information and the results of the | 17 | | criminal history record checks shall be maintained by the | 18 | | Department of Public Health's Health Care Worker Registry. | 19 | | (f) A direct care employer may initiate a | 20 | | fingerprint-based background check required by this Act for | 21 | | any of its employees, but may not use this process to initiate | 22 | | background checks for residents. The results of any | 23 | | fingerprint-based background check that is initiated with the | 24 | | Department as the requester shall be entered in the Health | 25 | | Care Worker Registry. | 26 | | (g) As long as the employee or trainee has had a |
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| 1 | | fingerprint-based criminal history record check required by | 2 | | this Act and stays active on the Health Care Worker Registry, | 3 | | no further criminal history record checks are required, as the | 4 | | Illinois State Police shall notify the Department of Public | 5 | | Health of any additional convictions associated with the | 6 | | fingerprints previously submitted. Health care employers shall | 7 | | check the Health Care Worker Registry before hiring an | 8 | | employee to determine that the individual has had a | 9 | | fingerprint-based record check required by this Act and has no | 10 | | disqualifying convictions or has been granted a waiver | 11 | | pursuant to Section 40 of this Act. If the individual has not | 12 | | had such a background check or is not active on the Health Care | 13 | | Worker Registry, then the health care employer shall initiate | 14 | | a fingerprint-based record check requested by the Department | 15 | | of Public Health. If an individual is inactive on the Health | 16 | | Care Worker Registry, that individual is prohibited from being | 17 | | hired to work as a certified nursing assistant if, since the | 18 | | individual's most recent completion of a competency test, | 19 | | there has been a period of 24 consecutive months during which | 20 | | the individual has not provided nursing or nursing-related | 21 | | services for pay , except for an individual who has been in | 22 | | inactive status for a period of no more than 5 years, was in | 23 | | good standing at the time he or she became inactive, and | 24 | | completes and submits any forms required by the Department . If | 25 | | the individual can provide proof of having retained his or her | 26 | | certification by not having a 24-consecutive-month break in |
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| 1 | | service for pay, he or she may be hired as a certified nursing | 2 | | assistant and that employment information shall be entered | 3 | | into the Health Care Worker Registry. | 4 | | (h) On October 1, 2007 or as soon thereafter as is | 5 | | reasonably practical, in the discretion of the Director of | 6 | | Public Health, and thereafter, if the Illinois State Police | 7 | | notifies the Department of Public Health that an employee has | 8 | | a new conviction of a disqualifying offense, based upon the | 9 | | fingerprints that were previously submitted, then (i) the | 10 | | Health Care Worker Registry shall notify the employee's last | 11 | | known employer of the offense, (ii) a record of the employee's | 12 | | disqualifying offense shall be entered on the Health Care | 13 | | Worker Registry, and (iii) the individual shall no longer be | 14 | | eligible to work as an employee unless he or she obtains a | 15 | | waiver pursuant to Section 40 of this Act. | 16 | | (i) On October 1, 2007, or as soon thereafter, in the | 17 | | discretion of the Director of Public Health, as is reasonably | 18 | | practical, and thereafter, each direct care employer or its | 19 | | designee shall provide an employment verification for each | 20 | | employee no less than annually. The direct care employer or | 21 | | its designee shall log into the Health Care Worker Registry | 22 | | through a secure login. The health care employer or its | 23 | | designee shall indicate employment and termination dates | 24 | | within 30 days after hiring or terminating an employee, as | 25 | | well as the employment category and type. Failure to comply | 26 | | with this subsection (i) constitutes a licensing violation. A |
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| 1 | | fine of up to $500 may be imposed for failure to maintain these | 2 | | records. This information shall be used by the Department of | 3 | | Public Health to notify the last known employer of any | 4 | | disqualifying offenses that are reported by the Illinois State | 5 | | Police.
| 6 | | (j) In the event that an applicant or employee has a waiver | 7 | | for one or more disqualifying offenses pursuant to Section 40 | 8 | | of this Act and he or she is otherwise eligible to work, the | 9 | | Health Care Worker Registry shall indicate that the applicant | 10 | | or employee is eligible to work and that additional | 11 | | information is available on the Health Care Worker Registry. | 12 | | The Health Care Worker Registry may indicate that the | 13 | | applicant or employee has received a waiver. | 14 | | (k) The student, applicant, or employee shall be notified
| 15 | | of each of the following whenever a fingerprint-based criminal | 16 | | history records check is required: | 17 | | (1) That the educational entity, health care
employer, | 18 | | or long-term care facility shall initiate a | 19 | | fingerprint-based criminal history record check required | 20 | | by this Act of the student, applicant, or employee. | 21 | | (2) That the student, applicant, or employee has a
| 22 | | right to obtain a copy of the criminal records report that | 23 | | indicates a conviction for a disqualifying offense and | 24 | | challenge the accuracy and completeness of the report | 25 | | through an established Illinois State Police procedure of | 26 | | Access and Review. |
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| 1 | | (3) That the applicant, if hired conditionally, may
be | 2 | | terminated if the criminal records report indicates that | 3 | | the applicant has a record of a conviction of any of the | 4 | | criminal offenses enumerated in Section 25, unless the | 5 | | applicant obtains a waiver pursuant to Section 40 of this | 6 | | Act. | 7 | | (4) That the applicant, if not hired conditionally,
| 8 | | shall not be hired if the criminal records report | 9 | | indicates that the applicant has a record of a conviction | 10 | | of any of the criminal offenses enumerated in Section 25, | 11 | | unless the applicant obtains a waiver pursuant to Section | 12 | | 40 of this Act. | 13 | | (5) That the employee shall be terminated if the
| 14 | | criminal records report indicates that the employee has a | 15 | | record of a conviction of any of the criminal offenses | 16 | | enumerated in Section 25. | 17 | | (6) If, after the employee has originally been | 18 | | determined not to have disqualifying offenses, the | 19 | | employer is notified that the employee has a new | 20 | | conviction(s) of any of the criminal offenses enumerated | 21 | | in Section 25, then the employee shall be terminated. | 22 | | (l) A health care employer or long-term care facility may
| 23 | | conditionally employ an applicant for up to 6 3 months pending | 24 | | the results of a fingerprint-based criminal history record | 25 | | check requested by the Department of Public Health. | 26 | | (m) The Department of Public Health or an entity
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| 1 | | responsible for inspecting, licensing, certifying, or | 2 | | registering the health care employer or long-term care | 3 | | facility shall be immune from liability for notices given | 4 | | based on the results of a fingerprint-based criminal history | 5 | | record check.
| 6 | | (n) As used in this Section: | 7 | | "Workforce intermediaries" means organizations that | 8 | | function to provide job training and employment services. | 9 | | Workforce intermediaries include institutions of higher | 10 | | education, faith-based and community organizations, and | 11 | | workforce investment boards. | 12 | | "Organizations providing pro bono legal services" means | 13 | | legal services performed without compensation or at a | 14 | | significantly reduced cost to the recipient that provide | 15 | | services designed to help individuals overcome statutory | 16 | | barriers that would prevent them from entering positions in | 17 | | the healthcare industry. | 18 | | (Source: P.A. 101-176, eff. 7-31-19; 102-538, eff. 8-20-21.) | 19 | | Section 40. The Medical Practice Act of 1987 is amended by | 20 | | changing Sections 2 and 54.2 as follows:
| 21 | | (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
| 22 | | (Section scheduled to be repealed on January 1, 2027)
| 23 | | Sec. 2. Definitions. For purposes of this Act, the
| 24 | | following definitions shall have the following meanings,
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| 1 | | except where the context requires otherwise:
| 2 | | "Act" means the Medical Practice Act of 1987.
| 3 | | "Address of record" means the designated address recorded | 4 | | by the Department in the applicant's or licensee's application | 5 | | file or license file as maintained by the Department's | 6 | | licensure maintenance unit. | 7 | | "Chiropractic physician" means a person licensed to treat | 8 | | human ailments without the use of drugs and without operative | 9 | | surgery. Nothing in this Act shall be construed to prohibit a | 10 | | chiropractic physician from providing advice regarding the use | 11 | | of non-prescription products or from administering atmospheric | 12 | | oxygen. Nothing in this Act shall be construed to authorize a | 13 | | chiropractic physician to prescribe drugs. | 14 | | "Department" means the Department of Financial and | 15 | | Professional Regulation.
| 16 | | "Disciplinary action" means revocation,
suspension, | 17 | | probation, supervision, practice modification,
reprimand, | 18 | | required education, fines or any other action
taken by the | 19 | | Department against a person holding a license.
| 20 | | "Email address of record" means the designated email | 21 | | address recorded by the Department in the applicant's | 22 | | application file or the licensee's license file, as maintained | 23 | | by the Department's licensure maintenance unit. | 24 | | "Final determination" means the governing body's
final | 25 | | action taken under the procedure followed by a health
care | 26 | | institution, or professional association or society,
against |
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| 1 | | any person licensed under the Act in accordance with
the | 2 | | bylaws or rules and regulations of such health care
| 3 | | institution, or professional association or society.
| 4 | | "Fund" means the Illinois State Medical Disciplinary Fund.
| 5 | | "Impaired" means the inability to practice
medicine with | 6 | | reasonable skill and safety due to physical or
mental | 7 | | disabilities as evidenced by a written determination
or | 8 | | written consent based on clinical evidence including
| 9 | | deterioration through the aging process or loss of motor
| 10 | | skill, or abuse of drugs or alcohol, of sufficient degree to
| 11 | | diminish a person's ability to deliver competent patient
care.
| 12 | | "International medical graduate physician" means a | 13 | | physician (i) who has been trained in a country other than the | 14 | | United States; (ii) whose education has been certified by the | 15 | | Educational Commission for Foreign Medical Graduates; (iii) | 16 | | who has passed Step 1, Step 2 Clinical Knowledge, and Step 3 of | 17 | | the United States Medical Licensing Examination as required by | 18 | | this Act; and (iv) who is not licensed to practice medicine in | 19 | | any state or territory of the United States. | 20 | | "Medical Board" means the Illinois State Medical Board. | 21 | | "Physician" means a person licensed under the
Medical | 22 | | Practice Act to practice medicine in all of its
branches or a | 23 | | chiropractic physician.
| 24 | | "Professional association" means an association or
society | 25 | | of persons licensed under this Act, and operating
within the | 26 | | State of Illinois, including but not limited to,
medical |
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| 1 | | societies, osteopathic organizations, and
chiropractic | 2 | | organizations, but this term shall not be
deemed to include | 3 | | hospital medical staffs.
| 4 | | "Program of care, counseling, or treatment" means
a | 5 | | written schedule of organized treatment, care, counseling,
| 6 | | activities, or education, satisfactory to the Medical
Board, | 7 | | designed for the purpose of restoring an impaired
person to a | 8 | | condition whereby the impaired person can
practice medicine | 9 | | with reasonable skill and safety of a
sufficient degree to | 10 | | deliver competent patient care.
| 11 | | "Reinstate" means to change the status of a license or | 12 | | permit from inactive or nonrenewed status to active status. | 13 | | "Restore" means to remove an encumbrance from a license | 14 | | due to probation, suspension, or revocation. | 15 | | "Secretary" means the Secretary of Financial and | 16 | | Professional Regulation. | 17 | | (Source: P.A. 102-20, eff. 1-1-22; 102-1117, eff. 1-13-23.)
| 18 | | (225 ILCS 60/54.2) | 19 | | (Section scheduled to be repealed on January 1, 2027) | 20 | | Sec. 54.2. Physician delegation of authority. | 21 | | (a) Nothing in this Act shall be construed to limit the | 22 | | delegation of patient care tasks or duties by a physician, to a | 23 | | licensed practical nurse, a registered professional nurse, or | 24 | | other licensed person practicing within the scope of his or | 25 | | her individual licensing Act. Delegation by a physician |
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| 1 | | licensed to practice medicine in all its branches to physician | 2 | | assistants or advanced practice registered nurses is also | 3 | | addressed in Section 54.5 of this Act. No physician may | 4 | | delegate any patient care task or duty that is statutorily or | 5 | | by rule mandated to be performed by a physician. | 6 | | (b) In an office or practice setting and within a | 7 | | physician-patient relationship, a physician may delegate | 8 | | patient care tasks or duties to an unlicensed person who | 9 | | possesses appropriate training and experience provided a | 10 | | health care professional, who is practicing within the scope | 11 | | of such licensed professional's individual licensing Act, is | 12 | | on site to provide assistance. | 13 | | (c) Any such patient care task or duty delegated to a | 14 | | licensed or unlicensed person must be within the scope of | 15 | | practice, education, training, or experience of the delegating | 16 | | physician and within the context of a physician-patient | 17 | | relationship. | 18 | | (d) Nothing in this Section shall be construed to affect | 19 | | referrals for professional services required by law. | 20 | | (e) The Department shall have the authority to promulgate | 21 | | rules concerning a physician's delegation, including but not | 22 | | limited to, the use of light emitting devices for patient care | 23 | | or treatment.
| 24 | | (f) Nothing in this Act shall be construed to limit the | 25 | | method of delegation that may be authorized by any means, | 26 | | including, but not limited to, oral, written, electronic, |
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| 1 | | standing orders, protocols, guidelines, or verbal orders. | 2 | | (g) A physician licensed to practice medicine in all of | 3 | | its branches under this Act may delegate any and all authority | 4 | | prescribed to him or her by law to international medical | 5 | | graduate physicians. An international medical graduate | 6 | | physician working in Illinois pursuant to this subsection is | 7 | | subject to all statutory and regulatory requirements of this | 8 | | Act, as applicable, relating to the standards of care. An | 9 | | international medical graduate physician must attest that he | 10 | | or she has complied with this subsection on a form provided by | 11 | | the Department. An international medical graduate physician is | 12 | | limited to providing treatment under the supervision of a | 13 | | physician licensed to practice medicine in all of its branches | 14 | | under this Act. An international medical graduate physician | 15 | | practicing pursuant to this subsection must provide the | 16 | | Department with his or her name, contact information, country | 17 | | or other origin of licensure, license number, respective date | 18 | | of beginning services, and date of ending services on an | 19 | | International Medical Graduate Physician Temporary Practice | 20 | | Application. This subsection does not apply to any | 21 | | international medical graduate physician whose license as a | 22 | | physician is revoked, suspended, or otherwise encumbered. | 23 | | (Source: P.A. 100-513, eff. 1-1-18 .) | 24 | | Section 45. The Pharmacy Practice Act is amended by | 25 | | changing Section 3 and by adding Section 9.6 as follows:
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| 1 | | (225 ILCS 85/3)
| 2 | | (Section scheduled to be repealed on January 1, 2028)
| 3 | | Sec. 3. Definitions. For the purpose of this Act, except | 4 | | where otherwise
limited therein:
| 5 | | (a) "Pharmacy" or "drugstore" means and includes every | 6 | | store, shop,
pharmacy department, or other place where | 7 | | pharmacist
care is
provided
by a pharmacist (1) where drugs, | 8 | | medicines, or poisons are
dispensed, sold or
offered for sale | 9 | | at retail, or displayed for sale at retail; or
(2)
where
| 10 | | prescriptions of physicians, dentists, advanced practice | 11 | | registered nurses, physician assistants, veterinarians, | 12 | | podiatric physicians, or
optometrists, within the limits of | 13 | | their
licenses, are
compounded, filled, or dispensed; or (3) | 14 | | which has upon it or
displayed within
it, or affixed to or used | 15 | | in connection with it, a sign bearing the word or
words | 16 | | "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical
Care", | 17 | | "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", | 18 | | "Drugs", "Dispensary", "Medicines", or any word
or words of | 19 | | similar or like import, either in the English language
or any | 20 | | other language; or (4) where the characteristic prescription
| 21 | | sign (Rx) or similar design is exhibited; or (5) any store, or
| 22 | | shop,
or other place with respect to which any of the above | 23 | | words, objects,
signs or designs are used in any | 24 | | advertisement.
| 25 | | (b) "Drugs" means and includes (1) articles recognized
in |
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| 1 | | the official United States Pharmacopoeia/National Formulary | 2 | | (USP/NF),
or any supplement thereto and being intended for and | 3 | | having for their
main use the diagnosis, cure, mitigation, | 4 | | treatment or prevention of
disease in man or other animals, as | 5 | | approved by the United States Food and
Drug Administration, | 6 | | but does not include devices or their components, parts,
or | 7 | | accessories; and (2) all other articles intended
for and | 8 | | having for their main use the diagnosis, cure, mitigation,
| 9 | | treatment or prevention of disease in man or other animals, as | 10 | | approved
by the United States Food and Drug Administration, | 11 | | but does not include
devices or their components, parts, or | 12 | | accessories; and (3) articles
(other than food) having for | 13 | | their main use and intended
to affect the structure or any | 14 | | function of the body of man or other
animals; and (4) articles | 15 | | having for their main use and intended
for use as a component | 16 | | or any articles specified in clause (1), (2)
or (3); but does | 17 | | not include devices or their components, parts or
accessories.
| 18 | | (c) "Medicines" means and includes all drugs intended for
| 19 | | human or veterinary use approved by the United States Food and | 20 | | Drug
Administration.
| 21 | | (d) "Practice of pharmacy" means: | 22 | | (1) the interpretation and the provision of assistance | 23 | | in the monitoring, evaluation, and implementation of | 24 | | prescription drug orders; | 25 | | (2) the dispensing of prescription drug orders; | 26 | | (3) participation in drug and device selection; |
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| 1 | | (4) drug administration limited to the administration | 2 | | of oral, topical, injectable, and inhalation as follows: | 3 | | (A) in the context of patient education on the | 4 | | proper use or delivery of medications; | 5 | | (B) vaccination of patients 7 years of age and | 6 | | older pursuant to a valid prescription or standing | 7 | | order, by a physician licensed to practice medicine in | 8 | | all its branches, upon completion of an appropriate | 9 | | training course accredited by the Accreditation | 10 | | Council for Pharmacy Education or a similar health | 11 | | authority or professional body and a minimum of 2 | 12 | | hours of continuing pharmacy education training | 13 | | accredited by the Accreditation Council for Pharmacy | 14 | | Education during each licensing period , including how | 15 | | to address contraindications and adverse reactions set | 16 | | forth by rule, with notification to the patient's | 17 | | physician and appropriate record retention, or | 18 | | pursuant to hospital pharmacy and therapeutics | 19 | | committee policies and procedures. Eligible vaccines | 20 | | are those listed on the U.S. Centers for Disease | 21 | | Control and Prevention (CDC) Recommended Immunization | 22 | | Schedule, the CDC's Health Information for | 23 | | International Travel, or the U.S. Food and Drug | 24 | | Administration's Vaccines Licensed and Authorized for | 25 | | Use in the United States. As applicable to the State's | 26 | | Medicaid program and other payers, vaccines ordered |
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| 1 | | and administered in accordance with this subsection | 2 | | shall be covered and reimbursed at no less than the | 3 | | rate that the vaccine is reimbursed when ordered and | 4 | | administered by a physician; | 5 | | (B-5) following the initial administration of | 6 | | long-acting or extended-release form opioid | 7 | | antagonists by a physician licensed to practice | 8 | | medicine in all its branches, administration of | 9 | | injections of long-acting or extended-release form | 10 | | opioid antagonists for the treatment of substance use | 11 | | disorder, pursuant to a valid prescription by a | 12 | | physician licensed to practice medicine in all its | 13 | | branches, upon completion of appropriate training, | 14 | | including how to address contraindications and adverse | 15 | | reactions, including, but not limited to, respiratory | 16 | | depression and the performance of cardiopulmonary | 17 | | resuscitation, set forth by rule, with notification to | 18 | | the patient's physician and appropriate record | 19 | | retention, or pursuant to hospital pharmacy and | 20 | | therapeutics committee policies and procedures; | 21 | | (C) administration of injections of | 22 | | alpha-hydroxyprogesterone caproate, pursuant to a | 23 | | valid prescription, by a physician licensed to | 24 | | practice medicine in all its branches, upon completion | 25 | | of appropriate training, including how to address | 26 | | contraindications and adverse reactions set forth by |
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| 1 | | rule, with notification to the patient's physician and | 2 | | appropriate record retention, or pursuant to hospital | 3 | | pharmacy and therapeutics committee policies and | 4 | | procedures; and | 5 | | (D) administration of injections of long-term | 6 | | antipsychotic medications pursuant to a valid | 7 | | prescription by a physician licensed to practice | 8 | | medicine in all its branches, upon completion of | 9 | | appropriate training conducted by an Accreditation | 10 | | Council of Pharmaceutical Education accredited | 11 | | provider, including how to address contraindications | 12 | | and adverse reactions set forth by rule, with | 13 | | notification to the patient's physician and | 14 | | appropriate record retention, or pursuant to hospital | 15 | | pharmacy and therapeutics committee policies and | 16 | | procedures ; and . | 17 | | (E) administration of COVID-19 therapeutics | 18 | | subcutaneously, intramuscularly, or orally with | 19 | | notification to the patient's physician and | 20 | | appropriate record retention, or pursuant to hospital | 21 | | pharmacy and therapeutics committee policies and | 22 | | procedures. Eligible therapeutics are those approved, | 23 | | authorized, or licensed by the U.S. Food and Drug | 24 | | Administration and must be administered | 25 | | subcutaneously, intramuscularly, or orally in | 26 | | accordance with that approval, authorization, or |
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| 1 | | licensing. | 2 | | (5) (blank); | 3 | | (6) drug regimen review; | 4 | | (7) drug or drug-related research; | 5 | | (8) the provision of patient counseling; | 6 | | (9) the practice of telepharmacy; | 7 | | (10) the provision of those acts or services necessary | 8 | | to provide pharmacist care; | 9 | | (11) medication therapy management; | 10 | | (12) the responsibility for compounding and labeling | 11 | | of drugs and devices (except labeling by a manufacturer, | 12 | | repackager, or distributor of non-prescription drugs and | 13 | | commercially packaged legend drugs and devices), proper | 14 | | and safe storage of drugs and devices, and maintenance of | 15 | | required records; | 16 | | (13) the assessment and consultation of patients and | 17 | | dispensing of hormonal contraceptives; and | 18 | | (14) the initiation, dispensing, or administration of
| 19 | | drugs, laboratory tests, assessments, referrals, and
| 20 | | consultations for human immunodeficiency virus | 21 | | pre-exposure prophylaxis and human immunodeficiency virus
| 22 | | post-exposure prophylaxis under Section 43.5. | 23 | | A pharmacist who performs any of the acts defined as the | 24 | | practice of pharmacy in this State must be actively licensed | 25 | | as a pharmacist under this Act.
| 26 | | (e) "Prescription" means and includes any written, oral, |
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| 1 | | facsimile, or
electronically transmitted order for drugs
or | 2 | | medical devices, issued by a physician licensed to practice | 3 | | medicine in
all its branches, dentist, veterinarian, podiatric | 4 | | physician, or
optometrist, within the
limits of his or her | 5 | | license, by a physician assistant in accordance with
| 6 | | subsection (f) of Section 4, or by an advanced practice | 7 | | registered nurse in
accordance with subsection (g) of Section | 8 | | 4, containing the
following: (1) name
of the patient; (2) date | 9 | | when prescription was issued; (3) name
and strength of drug or | 10 | | description of the medical device prescribed;
and (4) | 11 | | quantity; (5) directions for use; (6) prescriber's name,
| 12 | | address,
and signature; and (7) DEA registration number where | 13 | | required, for controlled
substances.
The prescription may, but | 14 | | is not required to, list the illness, disease, or condition | 15 | | for which the drug or device is being prescribed. DEA | 16 | | registration numbers shall not be required on inpatient drug | 17 | | orders. A prescription for medication other than controlled | 18 | | substances shall be valid for up to 15 months from the date | 19 | | issued for the purpose of refills, unless the prescription | 20 | | states otherwise.
| 21 | | (f) "Person" means and includes a natural person, | 22 | | partnership,
association, corporation, government entity, or | 23 | | any other legal
entity.
| 24 | | (g) "Department" means the Department of Financial and
| 25 | | Professional Regulation.
| 26 | | (h) "Board of Pharmacy" or "Board" means the State Board
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| 1 | | of Pharmacy of the Department of Financial and Professional | 2 | | Regulation.
| 3 | | (i) "Secretary"
means the Secretary
of Financial and | 4 | | Professional Regulation.
| 5 | | (j) "Drug product selection" means the interchange for a
| 6 | | prescribed pharmaceutical product in accordance with Section | 7 | | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | 8 | | Cosmetic Act.
| 9 | | (k) "Inpatient drug order" means an order issued by an | 10 | | authorized
prescriber for a resident or patient of a facility | 11 | | licensed under the
Nursing Home Care Act, the ID/DD Community | 12 | | Care Act, the MC/DD Act, the Specialized Mental Health | 13 | | Rehabilitation Act of 2013, the Hospital Licensing Act, or the | 14 | | University of Illinois Hospital Act, or a facility which is | 15 | | operated by the Department of Human
Services (as successor to | 16 | | the Department of Mental Health
and Developmental | 17 | | Disabilities) or the Department of Corrections.
| 18 | | (k-5) "Pharmacist" means an individual health care | 19 | | professional and
provider currently licensed by this State to | 20 | | engage in the practice of
pharmacy.
| 21 | | (l) "Pharmacist in charge" means the licensed pharmacist | 22 | | whose name appears
on a pharmacy license and who is | 23 | | responsible for all aspects of the
operation related to the | 24 | | practice of pharmacy.
| 25 | | (m) "Dispense" or "dispensing" means the interpretation, | 26 | | evaluation, and implementation of a prescription drug order, |
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| 1 | | including the preparation and delivery of a drug or device to a | 2 | | patient or patient's agent in a suitable container | 3 | | appropriately labeled for subsequent administration to or use | 4 | | by a patient in accordance with applicable State and federal | 5 | | laws and regulations.
"Dispense" or "dispensing" does not mean | 6 | | the physical delivery to a patient or a
patient's | 7 | | representative in a home or institution by a designee of a | 8 | | pharmacist
or by common carrier. "Dispense" or "dispensing" | 9 | | also does not mean the physical delivery
of a drug or medical | 10 | | device to a patient or patient's representative by a
| 11 | | pharmacist's designee within a pharmacy or drugstore while the | 12 | | pharmacist is
on duty and the pharmacy is open.
| 13 | | (n) "Nonresident pharmacy"
means a pharmacy that is | 14 | | located in a state, commonwealth, or territory
of the United | 15 | | States, other than Illinois, that delivers, dispenses, or
| 16 | | distributes, through the United States Postal Service, | 17 | | commercially acceptable parcel delivery service, or other | 18 | | common
carrier, to Illinois residents, any substance which | 19 | | requires a prescription.
| 20 | | (o) "Compounding" means the preparation and mixing of | 21 | | components, excluding flavorings, (1) as the result of a | 22 | | prescriber's prescription drug order or initiative based on | 23 | | the prescriber-patient-pharmacist relationship in the course | 24 | | of professional practice or (2) for the purpose of, or | 25 | | incident to, research, teaching, or chemical analysis and not | 26 | | for sale or dispensing. "Compounding" includes the preparation |
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| 1 | | of drugs or devices in anticipation of receiving prescription | 2 | | drug orders based on routine, regularly observed dispensing | 3 | | patterns. Commercially available products may be compounded | 4 | | for dispensing to individual patients only if all of the | 5 | | following conditions are met: (i) the commercial product is | 6 | | not reasonably available from normal distribution channels in | 7 | | a timely manner to meet the patient's needs and (ii) the | 8 | | prescribing practitioner has requested that the drug be | 9 | | compounded.
| 10 | | (p) (Blank).
| 11 | | (q) (Blank).
| 12 | | (r) "Patient counseling" means the communication between a | 13 | | pharmacist or a student pharmacist under the supervision of a | 14 | | pharmacist and a patient or the patient's representative about | 15 | | the patient's medication or device for the purpose of | 16 | | optimizing proper use of prescription medications or devices. | 17 | | "Patient counseling" may include without limitation (1) | 18 | | obtaining a medication history; (2) acquiring a patient's | 19 | | allergies and health conditions; (3) facilitation of the | 20 | | patient's understanding of the intended use of the medication; | 21 | | (4) proper directions for use; (5) significant potential | 22 | | adverse events; (6) potential food-drug interactions; and (7) | 23 | | the need to be compliant with the medication therapy. A | 24 | | pharmacy technician may only participate in the following | 25 | | aspects of patient counseling under the supervision of a | 26 | | pharmacist: (1) obtaining medication history; (2) providing |
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| 1 | | the offer for counseling by a pharmacist or student | 2 | | pharmacist; and (3) acquiring a patient's allergies and health | 3 | | conditions.
| 4 | | (s) "Patient profiles" or "patient drug therapy record" | 5 | | means the
obtaining, recording, and maintenance of patient | 6 | | prescription
information, including prescriptions for | 7 | | controlled substances, and
personal information.
| 8 | | (t) (Blank).
| 9 | | (u) "Medical device" or "device" means an instrument, | 10 | | apparatus, implement, machine,
contrivance, implant, in vitro | 11 | | reagent, or other similar or related article,
including any | 12 | | component part or accessory, required under federal law to
| 13 | | bear the label "Caution: Federal law requires dispensing by or | 14 | | on the order
of a physician". A seller of goods and services | 15 | | who, only for the purpose of
retail sales, compounds, sells, | 16 | | rents, or leases medical devices shall not,
by reasons | 17 | | thereof, be required to be a licensed pharmacy.
| 18 | | (v) "Unique identifier" means an electronic signature, | 19 | | handwritten
signature or initials, thumb print, or other | 20 | | acceptable biometric
or electronic identification process as | 21 | | approved by the Department.
| 22 | | (w) "Current usual and customary retail price" means the | 23 | | price that a pharmacy charges to a non-third-party payor.
| 24 | | (x) "Automated pharmacy system" means a mechanical system | 25 | | located within the confines of the pharmacy or remote location | 26 | | that performs operations or activities, other than compounding |
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| 1 | | or administration, relative to storage, packaging, dispensing, | 2 | | or distribution of medication, and which collects, controls, | 3 | | and maintains all transaction information. | 4 | | (y) "Drug regimen review" means and includes the | 5 | | evaluation of prescription drug orders and patient records for | 6 | | (1)
known allergies; (2) drug or potential therapy | 7 | | contraindications;
(3) reasonable dose, duration of use, and | 8 | | route of administration, taking into consideration factors | 9 | | such as age, gender, and contraindications; (4) reasonable | 10 | | directions for use; (5) potential or actual adverse drug | 11 | | reactions; (6) drug-drug interactions; (7) drug-food | 12 | | interactions; (8) drug-disease contraindications; (9) | 13 | | therapeutic duplication; (10) patient laboratory values when | 14 | | authorized and available; (11) proper utilization (including | 15 | | over or under utilization) and optimum therapeutic outcomes; | 16 | | and (12) abuse and misuse.
| 17 | | (z) "Electronically transmitted prescription" means a | 18 | | prescription that is created, recorded, or stored by | 19 | | electronic means; issued and validated with an electronic | 20 | | signature; and transmitted by electronic means directly from | 21 | | the prescriber to a pharmacy. An electronic prescription is | 22 | | not an image of a physical prescription that is transferred by | 23 | | electronic means from computer to computer, facsimile to | 24 | | facsimile, or facsimile to computer.
| 25 | | (aa) "Medication therapy management services" means a | 26 | | distinct service or group of services offered by licensed |
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| 1 | | pharmacists, physicians licensed to practice medicine in all | 2 | | its branches, advanced practice registered nurses authorized | 3 | | in a written agreement with a physician licensed to practice | 4 | | medicine in all its branches, or physician assistants | 5 | | authorized in guidelines by a supervising physician that | 6 | | optimize therapeutic outcomes for individual patients through | 7 | | improved medication use. In a retail or other non-hospital | 8 | | pharmacy, medication therapy management services shall consist | 9 | | of the evaluation of prescription drug orders and patient | 10 | | medication records to resolve conflicts with the following: | 11 | | (1) known allergies; | 12 | | (2) drug or potential therapy contraindications; | 13 | | (3) reasonable dose, duration of use, and route of | 14 | | administration, taking into consideration factors such as | 15 | | age, gender, and contraindications; | 16 | | (4) reasonable directions for use; | 17 | | (5) potential or actual adverse drug reactions; | 18 | | (6) drug-drug interactions; | 19 | | (7) drug-food interactions; | 20 | | (8) drug-disease contraindications; | 21 | | (9) identification of therapeutic duplication; | 22 | | (10) patient laboratory values when authorized and | 23 | | available; | 24 | | (11) proper utilization (including over or under | 25 | | utilization) and optimum therapeutic outcomes; and | 26 | | (12) drug abuse and misuse. |
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| 1 | | "Medication therapy management services" includes the | 2 | | following: | 3 | | (1) documenting the services delivered and | 4 | | communicating the information provided to patients' | 5 | | prescribers within an appropriate time frame, not to | 6 | | exceed 48 hours; | 7 | | (2) providing patient counseling designed to enhance a | 8 | | patient's understanding and the appropriate use of his or | 9 | | her medications; and | 10 | | (3) providing information, support services, and | 11 | | resources designed to enhance a patient's adherence with | 12 | | his or her prescribed therapeutic regimens. | 13 | | "Medication therapy management services" may also include | 14 | | patient care functions authorized by a physician licensed to | 15 | | practice medicine in all its branches for his or her | 16 | | identified patient or groups of patients under specified | 17 | | conditions or limitations in a standing order from the | 18 | | physician. | 19 | | "Medication therapy management services" in a licensed | 20 | | hospital may also include the following: | 21 | | (1) reviewing assessments of the patient's health | 22 | | status; and | 23 | | (2) following protocols of a hospital pharmacy and | 24 | | therapeutics committee with respect to the fulfillment of | 25 | | medication orders.
| 26 | | (bb) "Pharmacist care" means the provision by a pharmacist |
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| 1 | | of medication therapy management services, with or without the | 2 | | dispensing of drugs or devices, intended to achieve outcomes | 3 | | that improve patient health, quality of life, and comfort and | 4 | | enhance patient safety.
| 5 | | (cc) "Protected health information" means individually | 6 | | identifiable health information that, except as otherwise | 7 | | provided, is:
| 8 | | (1) transmitted by electronic media; | 9 | | (2) maintained in any medium set forth in the | 10 | | definition of "electronic media" in the federal Health | 11 | | Insurance Portability and Accountability Act; or | 12 | | (3) transmitted or maintained in any other form or | 13 | | medium. | 14 | | "Protected health information" does not include | 15 | | individually identifiable health information found in: | 16 | | (1) education records covered by the federal Family | 17 | | Educational Right and Privacy Act; or | 18 | | (2) employment records held by a licensee in its role | 19 | | as an employer. | 20 | | (dd) "Standing order" means a specific order for a patient | 21 | | or group of patients issued by a physician licensed to | 22 | | practice medicine in all its branches in Illinois. | 23 | | (ee) "Address of record" means the designated address | 24 | | recorded by the Department in the applicant's application file | 25 | | or licensee's license file maintained by the Department's | 26 | | licensure maintenance unit. |
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| 1 | | (ff) "Home pharmacy" means the location of a pharmacy's | 2 | | primary operations.
| 3 | | (gg) "Email address of record" means the designated email | 4 | | address recorded by the Department in the applicant's | 5 | | application file or the licensee's license file, as maintained | 6 | | by the Department's licensure maintenance unit. | 7 | | (Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21; | 8 | | 102-103, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. | 9 | | 5-13-22; 102-1051, eff. 1-1-23 .) | 10 | | (225 ILCS 85/9.6 new) | 11 | | Sec. 9.6. Administration of vaccines and therapeutics by | 12 | | registered pharmacy technicians and student pharmacists. | 13 | | (a) A registered pharmacy technician or student | 14 | | pharmacist's may administer COVID-19 and influenza vaccines | 15 | | subcutaneously, intramuscularly, or orally as authorized, | 16 | | approved, or licensed by the U.S. Food and Drug | 17 | | Administration, under the supervision of an appropriately | 18 | | trained pharmacist subject to the following conditions: | 19 | | (1) the vaccination must be ordered by the supervising | 20 | | pharmacist; | 21 | | (2) the supervising pharmacist must be readily and | 22 | | immediately available to the immunizing pharmacy | 23 | | technician or student pharmacist; | 24 | | (3) the pharmacy technician or student pharmacist must | 25 | | complete a practical training program that is approved by |
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| 1 | | the Accreditation Council for Pharmacy Education; this | 2 | | training program must include hands-on injection technique | 3 | | and the recognition and treatment of emergency reactions | 4 | | to vaccines; | 5 | | (4) the pharmacy technician or student pharmacist must | 6 | | have a current certificate in basic cardiopulmonary | 7 | | resuscitation; | 8 | | (5) the pharmacy technician or student pharmacist must | 9 | | complete a minimum of 2 hours of Accreditation Council for | 10 | | Pharmacy Education-approved, immunization-related | 11 | | continuing pharmacy education during the relevant | 12 | | licensing period; | 13 | | (6) the supervising pharmacist must comply with all | 14 | | relevant recordkeeping and reporting requirements; | 15 | | (7) the supervising pharmacist is responsible for | 16 | | complying with requirements related to reporting adverse | 17 | | events; | 18 | | (8) the supervising pharmacist must review the vaccine | 19 | | registry or other vaccination records prior to ordering | 20 | | the vaccination to be administered by the pharmacy | 21 | | technician or student pharmacist; | 22 | | (9) the pharmacy technician or student pharmacist | 23 | | must, if the patient is 18 years of age or younger, inform | 24 | | the patient and the adult caregiver accompanying the | 25 | | patient of the importance of a well-child visit with a | 26 | | pediatrician or other licensed primary-care provider and |
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| 1 | | refer patients as appropriate; | 2 | | (10) in the case of a COVID-19 vaccine, the | 3 | | vaccination must be ordered and administered according to | 4 | | the Advisory Committee on Immunization Practices' COVID-19 | 5 | | vaccine recommendations; | 6 | | (11) in the case of a COVID-19 vaccine, the | 7 | | supervising pharmacist must comply with any applicable | 8 | | requirements or conditions of use as set forth in the | 9 | | Centers for Disease Control and Prevention COVID-19 | 10 | | vaccination provider agreement and any other federal | 11 | | requirements that apply to the administration of COVID-19 | 12 | | vaccines being administered; and | 13 | | (12) the registered pharmacy technician or student | 14 | | pharmacist and the supervising pharmacist comply with all | 15 | | other requirements of this Act and the rules adopted | 16 | | thereunder pertaining to the administration of drugs. | 17 | | (b) A registered pharmacy technician or student | 18 | | pharmacist's may administer COVID-19 therapeutics | 19 | | subcutaneously, intramuscularly, or orally as authorized, | 20 | | approved, or licensed by the U.S. Food and Drug | 21 | | Administration, under the supervision of an appropriately | 22 | | trained pharmacist subject to the following conditions: | 23 | | (1) the COVID-19 therapeutic must be authorized, | 24 | | approved or licensed by the U.S. Food and Drug | 25 | | Administration; | 26 | | (2) the COVID-19 therapeutic must be administered |
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| 1 | | subcutaneously, intramuscularly, or orally in accordance | 2 | | with the U.S. Food and Drug Administration approval, | 3 | | authorization, or licensing; | 4 | | (3) a pharmacy technician or student pharmacist | 5 | | practicing pursuant to this Section must complete a | 6 | | practical training program that is approved by the | 7 | | Accreditation Council for Pharmacy Education; this | 8 | | training program must include hands-on injection | 9 | | technique, clinical evaluation of indications and | 10 | | contraindications of COVID-19 therapeutics, the | 11 | | recognition and treatment of emergency reactions to | 12 | | COVID-19 therapeutics, and any additional training | 13 | | required in the U.S. Food and Drug Administration | 14 | | approval, authorization, or licensing. | 15 | | (4) the pharmacy technician or student pharmacist must | 16 | | have a current certificate in basic cardiopulmonary | 17 | | resuscitation; | 18 | | (5) the pharmacy technician or student pharmacist must | 19 | | comply with any applicable requirements or conditions of | 20 | | use that apply to the administration of COVID-19 | 21 | | therapeutics; | 22 | | (6) the supervising pharmacist must comply with all | 23 | | relevant recordkeeping and reporting requirements; | 24 | | (7) the supervising pharmacist must be readily and | 25 | | immediately available to the pharmacy technician or | 26 | | student pharmacist; and |
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| 1 | | (8) the registered pharmacy technician or student | 2 | | pharmacist and the supervising pharmacist comply with all | 3 | | other requirements of this Act and the rules adopted | 4 | | thereunder pertaining to the administration of drugs. | 5 | | Section 50. The Illinois Speech-Language Pathology and
| 6 | | Audiology Practice Act is amended by changing Section 8.8 as | 7 | | follows:
| 8 | | (225 ILCS 110/8.8)
| 9 | | (Section scheduled to be repealed on January 1, 2028)
| 10 | | Sec. 8.8. Supervision of speech-language pathology | 11 | | assistants.
| 12 | | (a) A speech-language pathology assistant shall practice | 13 | | only under the
supervision of a speech-language pathologist | 14 | | who has at least 2 years
experience in addition to the | 15 | | supervised professional experience required under
subsection | 16 | | (f) of Section 8 of this Act. A speech-language pathologist | 17 | | who
supervises a speech-language pathology assistant (i) must | 18 | | have completed at least 6
clock hours of training in | 19 | | supervision related to speech-language pathology, and (ii) | 20 | | must complete at least 2 clock hours of continuing education | 21 | | in supervision related to speech-language pathology in each | 22 | | new licensing cycle after completion of the initial training | 23 | | required under item (i). The Department shall promulgate rules | 24 | | describing the supervision
training requirements. The rules |
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| 1 | | may allow a speech-language pathologist to
apply to the Board | 2 | | for an exemption from this training requirement based upon
| 3 | | prior supervisory experience.
| 4 | | (b) A speech-language pathology assistant must be under | 5 | | the direct
supervision of a speech-language pathologist at | 6 | | least 30% of the
speech-language pathology assistant's actual | 7 | | patient or client contact time per
patient or client during | 8 | | the first 90 days of initial employment as a
speech-language | 9 | | pathology assistant. Thereafter, a speech-language pathology
| 10 | | assistant must be under the direct supervision of a | 11 | | speech-language
pathologist at least 20% of the | 12 | | speech-language pathology assistant's actual
patient or client | 13 | | contact time per patient or client. Supervision of a
| 14 | | speech-language pathology assistant beyond the minimum | 15 | | requirements of this
subsection may be imposed at the | 16 | | discretion of the supervising
speech-language pathologist. A | 17 | | supervising speech-language pathologist must
be available to | 18 | | communicate with a speech-language pathology assistant
| 19 | | whenever the assistant is in contact with a patient or client.
| 20 | | (c) A speech-language pathologist that supervises a | 21 | | speech-language
pathology assistant must document direct | 22 | | supervision activities. At a
minimum, supervision | 23 | | documentation must provide (i) information regarding the
| 24 | | quality of the speech-language pathology assistant's | 25 | | performance of
assigned duties, and (ii) verification that | 26 | | clinical activity is limited to
duties specified in Section |
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| 1 | | 8.7.
| 2 | | (d) A full-time speech-language pathologist may supervise | 3 | | no more than 2
speech-language pathology assistants. A | 4 | | speech-language pathologist
that does not work full-time may | 5 | | supervise no more than one speech-language
pathology | 6 | | assistant.
| 7 | | (e) For purposes of this Section, "direct supervision" | 8 | | means on-site,
in-view
observation and guidance by a | 9 | | speech-language pathologist while an
assigned activity is | 10 | | performed by the speech-language pathology assistant or | 11 | | supervision by a speech-language pathologist by way of video | 12 | | conferencing technology .
| 13 | | (Source: P.A. 100-530, eff. 1-1-18 .)
| 14 | | Section 55. The Radiation Protection Act of 1990 is | 15 | | amended by changing Section 7a as follows: | 16 | | (420 ILCS 40/7a) (from Ch. 111 1/2, par. 210-7a)
| 17 | | (Section scheduled to be repealed on January 1, 2027)
| 18 | | Sec. 7a. Certification of industrial radiographers.
| 19 | | (a) Beginning January 1, 1993, no person may perform | 20 | | industrial
radiography unless he or she is certified by the | 21 | | Department of Nuclear Safety
or its successor, the Illinois | 22 | | Emergency Management Agency, to perform
industrial | 23 | | radiography. The Agency shall promulgate
regulations
| 24 | | establishing standards and procedures for certification of |
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| 1 | | industrial
radiographers. The regulations may include, without | 2 | | limitation, provisions
specifying a minimum course of study | 3 | | and requiring that individuals seeking
certification pass an | 4 | | examination administered or approved by the
Agency. Industrial | 5 | | radiography certification shall be valid
for 5
years, except | 6 | | that certifications for industrial radiography trainees
shall | 7 | | be valid for 2 years or those certifications extended pursuant | 8 | | to subsection (e) of this Section . The Agency shall establish | 9 | | by
regulation
standards and procedures for renewal of | 10 | | certification. The regulations shall
provide that | 11 | | certification for industrial radiography trainees shall be
| 12 | | nonrenewable.
| 13 | | (b) The regulations of the Department of Nuclear Safety,
| 14 | | as the predecessor agency of the Illinois Emergency Management | 15 | | Agency,
shall provide for provisional
certification of persons | 16 | | who performed industrial radiography before
January 1, 1993. | 17 | | In order to obtain provisional certification, the industrial
| 18 | | radiographer must apply to the Department no later than | 19 | | January 1, 1993.
Provisional certification shall be valid for | 20 | | 2 years, except for those certifications extended pursuant to | 21 | | subsection (e) of this Section, provided that a
person who has | 22 | | obtained a provisional certification must take an
examination | 23 | | that is administered or approved by the Department within 12
| 24 | | months of the date on which the provisional certification was | 25 | | issued. Upon
passing the examination, the Department shall | 26 | | certify the individual as an
industrial radiographer. |
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| 1 | | Provisional certification shall be nonrenewable.
| 2 | | (c) The Agency may, by regulation, assess certification
| 3 | | fees and
fees to recover the cost of examining applicants for | 4 | | certification.
| 5 | | (d) The Agency may suspend or revoke the certification of
| 6 | | an
industrial radiographer, or take other action as provided | 7 | | in Sections 36
and 38 of this Act, if a certified industrial | 8 | | radiographer violates this
Act or any rule or regulation | 9 | | promulgated under this Act, or otherwise
endangers the safety | 10 | | of himself, his co-workers, or members of the general
public. | 11 | | It shall be a violation of this Act for any person to allow an
| 12 | | individual who is not a certified industrial radiographer to | 13 | | perform
industrial radiography.
| 14 | | (e) The Agency may extend the term of existing | 15 | | certifications for industrial radiographers and industrial | 16 | | radiographer trainees in 90-day increments, not to exceed a | 17 | | maximum period of 6 months beyond the initial term, to allow | 18 | | individuals time to meet the examination criteria. Industrial | 19 | | radiographers and industrial radiographer trainees shall meet | 20 | | all other requirements as set forth by the Agency. | 21 | | (Source: P.A. 94-104, eff. 7-1-05 .)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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