Full Text of HB4856 096th General Assembly
HB4856eng 96TH GENERAL ASSEMBLY
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HB4856 Engrossed |
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LRB096 16812 ASK 32119 b |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Nursing Home Administrators Licensing and | 5 |
| Disciplinary Act is amended by changing Section 17 and by | 6 |
| adding Section 17.1 as follows:
| 7 |
| (225 ILCS 70/17) (from Ch. 111, par. 3667)
| 8 |
| (Text of Section before amendment by P.A. 96-339 )
| 9 |
| (Section scheduled to be repealed on January 1, 2018)
| 10 |
| Sec. 17. Grounds for disciplinary action.
| 11 |
| (a) The Department may impose fines not to exceed $10,000
| 12 |
| or may
refuse to issue or to renew, or may revoke, suspend, | 13 |
| place on probation,
censure, reprimand or take other | 14 |
| disciplinary or non-disciplinary action with regard to the
| 15 |
| license of any person, for any one or combination
of the | 16 |
| following causes:
| 17 |
| (1) Intentional material misstatement in furnishing | 18 |
| information
to
the Department.
| 19 |
| (2) Conviction of or entry of a plea of guilty or nolo | 20 |
| contendere to any crime that is a felony under the laws of | 21 |
| the United States
or any
state or territory thereof or
a | 22 |
| misdemeanor of which an
essential element is dishonesty or | 23 |
| that is directly
related to the practice of the profession |
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|
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HB4856 Engrossed |
- 2 - |
LRB096 16812 ASK 32119 b |
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| 1 |
| of nursing home administration.
| 2 |
| (3) Making any misrepresentation for the purpose of | 3 |
| obtaining
a license,
or violating any provision of this | 4 |
| Act.
| 5 |
| (4) Immoral conduct in the commission of any act, such | 6 |
| as
sexual abuse or
sexual misconduct, related to the | 7 |
| licensee's practice.
| 8 |
| (5) Failing to respond within 30
days, to a
written | 9 |
| request made by the Department for information.
| 10 |
| (6) Engaging in dishonorable, unethical or | 11 |
| unprofessional
conduct of a
character likely to deceive, | 12 |
| defraud or harm the public.
| 13 |
| (7) Habitual use or addiction to alcohol, narcotics,
| 14 |
| stimulants, or any
other chemical agent or drug which | 15 |
| results in the inability to practice
with reasonable | 16 |
| judgment, skill or safety.
| 17 |
| (8) Discipline by another U.S. jurisdiction if at
least | 18 |
| one of the grounds for the discipline is the same or | 19 |
| substantially
equivalent to those set forth herein.
| 20 |
| (9) A finding by the Department that the licensee, | 21 |
| after having
his or her license
placed on probationary | 22 |
| status has violated the terms of probation.
| 23 |
| (10) Willfully making or filing false records or | 24 |
| reports in
his or her
practice,
including but not limited | 25 |
| to false records filed with State agencies or
departments.
| 26 |
| (11) Physical illness, mental illness, or other |
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HB4856 Engrossed |
- 3 - |
LRB096 16812 ASK 32119 b |
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| 1 |
| impairment or disability, including, but not limited to,
| 2 |
| deterioration
through the aging process, or loss of motor | 3 |
| skill that results in
the
inability to practice the | 4 |
| profession with reasonable judgment, skill or safety.
| 5 |
| (12) Disregard or violation of this Act or of any rule
| 6 |
| issued pursuant to this Act.
| 7 |
| (13) Aiding or abetting another in the violation of | 8 |
| this Act
or any rule
or regulation issued pursuant to this | 9 |
| Act.
| 10 |
| (14) Allowing one's license to be used by an unlicensed
| 11 |
| person.
| 12 |
| (15) (Blank).
| 13 |
| (16) Professional incompetence in the practice of | 14 |
| nursing
home administration.
| 15 |
| (17) Conviction of a violation of Section 12-19 of the
| 16 |
| Criminal Code of
1961 for the abuse and gross neglect of a | 17 |
| long term care facility resident.
| 18 |
| (18) Violation of the Nursing Home Care Act or of any | 19 |
| rule
issued under the Nursing Home Care Act.
| 20 |
| (19) Failure to report to the Department any adverse | 21 |
| final action taken against the licensee by a licensing | 22 |
| authority of another state, territory of the United States, | 23 |
| or foreign country; or by any governmental or law | 24 |
| enforcement agency; or by any court for acts or conduct | 25 |
| similar to acts or conduct that would constitute grounds | 26 |
| for disciplinary action under this Section. |
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HB4856 Engrossed |
- 4 - |
LRB096 16812 ASK 32119 b |
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| 1 |
| (20) Failure to report to the Department the surrender | 2 |
| of a license or authorization to practice as a nursing home | 3 |
| administrator in another state or jurisdiction for acts or | 4 |
| conduct similar to acts or conduct that would constitute | 5 |
| grounds for disciplinary action under this Section. | 6 |
| (21) Failure to report to the Department any adverse | 7 |
| judgment, settlement, or award arising from a liability | 8 |
| claim related to acts or conduct similar to acts or conduct | 9 |
| which would constitute grounds for disciplinary action | 10 |
| under this Section. | 11 |
| All proceedings to suspend, revoke, place on
probationary | 12 |
| status, or take any other disciplinary action
as the Department | 13 |
| may deem proper, with regard to a license
on any of the | 14 |
| foregoing grounds, must be commenced within
5
years next after | 15 |
| receipt by the Department of (i) a
complaint
alleging the | 16 |
| commission of or notice of the conviction order
for any of the | 17 |
| acts described herein or (ii) a referral for investigation
| 18 |
| under
Section 3-108 of the Nursing Home Care Act.
| 19 |
| The entry of an order or judgment by any circuit court | 20 |
| establishing that
any person holding a license under this Act | 21 |
| is a person in need of mental
treatment operates as a | 22 |
| suspension of that license. That person may resume
their | 23 |
| practice only upon the entry of a Department order based upon a
| 24 |
| finding by the Board that they have been determined to
be | 25 |
| recovered from mental illness by the court and upon the
Board's | 26 |
| recommendation that they be permitted to resume their practice.
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|
HB4856 Engrossed |
- 5 - |
LRB096 16812 ASK 32119 b |
|
| 1 |
| The Department, upon the recommendation of the
Board, may
| 2 |
| adopt rules which set forth
standards to be used in determining | 3 |
| what constitutes:
| 4 |
| (i)
when a person will be deemed sufficiently
| 5 |
| rehabilitated to warrant the public trust;
| 6 |
| (ii)
dishonorable, unethical or
unprofessional conduct | 7 |
| of a character likely to deceive,
defraud, or harm the | 8 |
| public;
| 9 |
| (iii)
immoral conduct in the commission
of any act | 10 |
| related to the licensee's practice; and
| 11 |
| (iv)
professional incompetence in the practice
of | 12 |
| nursing home administration.
| 13 |
| However, no such rule shall be admissible into evidence
in | 14 |
| any civil action except for review of a licensing or
other | 15 |
| disciplinary action under this Act.
| 16 |
| In enforcing this Section, the Department or Board, upon a | 17 |
| showing of a
possible
violation,
may compel any individual | 18 |
| licensed to practice under this
Act, or who has applied for | 19 |
| licensure
pursuant to this Act, to submit to a mental or | 20 |
| physical
examination, or both, as required by and at the | 21 |
| expense of
the Department. The examining physician or | 22 |
| physicians shall
be those specifically designated by the | 23 |
| Department or Board.
The Department or Board may order the | 24 |
| examining physician to present
testimony
concerning this | 25 |
| mental or physical examination of the licensee or applicant. No
| 26 |
| information shall be excluded by reason of any common law or |
|
|
|
HB4856 Engrossed |
- 6 - |
LRB096 16812 ASK 32119 b |
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| 1 |
| statutory
privilege relating to communications between the | 2 |
| licensee or applicant and the
examining physician.
The | 3 |
| individual to be examined may have, at his or her own
expense, | 4 |
| another physician of his or her choice present
during all | 5 |
| aspects of the examination. Failure of any
individual to submit | 6 |
| to mental or physical examination, when
directed, shall be | 7 |
| grounds for suspension of his or her
license until such time as | 8 |
| the individual submits to the
examination if the Department | 9 |
| finds, after notice
and hearing, that the refusal to submit to | 10 |
| the examination
was without reasonable cause.
| 11 |
| If the Department or Board
finds an individual unable to | 12 |
| practice
because of the reasons
set forth in this Section, the | 13 |
| Department or Board shall
require such individual to submit to | 14 |
| care, counseling, or
treatment by physicians approved or | 15 |
| designated by the
Department or Board, as a condition, term, or | 16 |
| restriction for
continued,
reinstated, or renewed licensure to | 17 |
| practice; or in lieu of care, counseling,
or
treatment, the | 18 |
| Department may file, or the Board may recommend to the
| 19 |
| Department to
file, a complaint to
immediately suspend, revoke, | 20 |
| or otherwise discipline the license of the
individual.
Any | 21 |
| individual whose license was granted pursuant to
this Act or | 22 |
| continued, reinstated, renewed,
disciplined or supervised, | 23 |
| subject to such terms, conditions
or restrictions who shall | 24 |
| fail to comply with such terms,
conditions or restrictions
| 25 |
| shall be referred to the Secretary
for a
determination as to | 26 |
| whether the licensee shall have his or her
license suspended |
|
|
|
HB4856 Engrossed |
- 7 - |
LRB096 16812 ASK 32119 b |
|
| 1 |
| immediately, pending a hearing by the
Department. In instances | 2 |
| in which the Secretary
immediately suspends a license under | 3 |
| this Section, a hearing
upon such person's license must be | 4 |
| convened by the
Board within 30
days after such suspension and
| 5 |
| completed without appreciable delay. The Department and Board
| 6 |
| shall have the authority to review the subject administrator's
| 7 |
| record of treatment and counseling regarding the impairment,
to | 8 |
| the extent permitted by applicable federal statutes and
| 9 |
| regulations safeguarding the confidentiality of medical | 10 |
| records.
| 11 |
| An individual licensed under this Act, affected under
this | 12 |
| Section, shall be afforded an opportunity to
demonstrate to the | 13 |
| Department or Board that he or she can
resume
practice in | 14 |
| compliance with acceptable and prevailing
standards under the | 15 |
| provisions of his or her license.
| 16 |
| (b) Any individual or
organization acting in good faith, | 17 |
| and not in a wilful and
wanton manner, in complying with this | 18 |
| Act by providing any
report or other information to the | 19 |
| Department, or
assisting in the investigation or preparation of | 20 |
| such
information, or by participating in proceedings of the
| 21 |
| Department, or by serving as a member of the
Board, shall not, | 22 |
| as a result of such actions,
be subject to criminal prosecution | 23 |
| or civil damages.
| 24 |
| (c) Members of the Board, and persons
retained under | 25 |
| contract to assist and advise in an investigation,
shall be | 26 |
| indemnified by the State for any actions
occurring within the |
|
|
|
HB4856 Engrossed |
- 8 - |
LRB096 16812 ASK 32119 b |
|
| 1 |
| scope of services on or for the Board, done in good
faith
and | 2 |
| not wilful and wanton in
nature. The Attorney General shall | 3 |
| defend all such actions
unless he or she determines either that | 4 |
| there would be a
conflict of interest in such representation or | 5 |
| that the
actions complained of were not in good faith or were | 6 |
| wilful and wanton.
| 7 |
| Should the Attorney General decline representation,
a | 8 |
| person entitled to indemnification under this Section shall | 9 |
| have the
right to employ counsel of his or her
choice, whose | 10 |
| fees shall be provided by the State, after
approval by the | 11 |
| Attorney General, unless there is a
determination by a court | 12 |
| that the member's actions were not
in good faith or were wilful | 13 |
| and wanton.
| 14 |
| A person entitled to indemnification under this
Section | 15 |
| must notify the Attorney General within 7
days of receipt of | 16 |
| notice of the initiation of any action
involving services of | 17 |
| the Board. Failure to so
notify the Attorney General shall | 18 |
| constitute an absolute
waiver of the right to a defense and | 19 |
| indemnification.
| 20 |
| The Attorney General shall determine within 7 days
after | 21 |
| receiving such notice, whether he or she will undertake to | 22 |
| represent
a
person entitled to indemnification under this | 23 |
| Section.
| 24 |
| (d) The determination by a circuit court that a licensee is | 25 |
| subject to
involuntary admission or judicial admission as | 26 |
| provided in the Mental
Health and Developmental Disabilities |
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HB4856 Engrossed |
- 9 - |
LRB096 16812 ASK 32119 b |
|
| 1 |
| Code, as amended, operates as an
automatic suspension. Such | 2 |
| suspension will end only upon a finding by a
court that the | 3 |
| patient is no longer subject to involuntary admission or
| 4 |
| judicial admission and issues an order so finding and | 5 |
| discharging the
patient; and upon the recommendation of the | 6 |
| Board to the Secretary
that
the licensee be allowed to resume | 7 |
| his or her practice.
| 8 |
| (e) The Department may refuse to issue or may suspend the | 9 |
| license of
any person who fails to file a return, or to pay the | 10 |
| tax, penalty or
interest shown in a filed return, or to pay any | 11 |
| final assessment of tax,
penalty or interest, as required by | 12 |
| any tax Act administered by the Department of Revenue, until | 13 |
| such time as the requirements of any
such tax Act are | 14 |
| satisfied.
| 15 |
| (f) The Department of Public Health shall transmit to the
| 16 |
| Department a list of those facilities which receive an "A" | 17 |
| violation as
defined in Section 1-129 of the Nursing Home Care | 18 |
| Act.
| 19 |
| (Source: P.A. 95-703, eff. 12-31-07.)
| 20 |
| (Text of Section after amendment by P.A. 96-339 )
| 21 |
| (Section scheduled to be repealed on January 1, 2018)
| 22 |
| Sec. 17. Grounds for disciplinary action.
| 23 |
| (a) The Department may impose fines not to exceed $10,000
| 24 |
| or may
refuse to issue or to renew, or may revoke, suspend, | 25 |
| place on probation,
censure, reprimand or take other |
|
|
|
HB4856 Engrossed |
- 10 - |
LRB096 16812 ASK 32119 b |
|
| 1 |
| disciplinary or non-disciplinary action with regard to the
| 2 |
| license of any person, for any one or combination
of the | 3 |
| following causes:
| 4 |
| (1) Intentional material misstatement in furnishing | 5 |
| information
to
the Department.
| 6 |
| (2) Conviction of or entry of a plea of guilty or nolo | 7 |
| contendere to any crime that is a felony under the laws of | 8 |
| the United States
or any
state or territory thereof or
a | 9 |
| misdemeanor of which an
essential element is dishonesty or | 10 |
| that is directly
related to the practice of the profession | 11 |
| of nursing home administration.
| 12 |
| (3) Making any misrepresentation for the purpose of | 13 |
| obtaining
a license,
or violating any provision of this | 14 |
| Act.
| 15 |
| (4) Immoral conduct in the commission of any act, such | 16 |
| as
sexual abuse or
sexual misconduct, related to the | 17 |
| licensee's practice.
| 18 |
| (5) Failing to respond within 30
days, to a
written | 19 |
| request made by the Department for information.
| 20 |
| (6) Engaging in dishonorable, unethical or | 21 |
| unprofessional
conduct of a
character likely to deceive, | 22 |
| defraud or harm the public.
| 23 |
| (7) Habitual use or addiction to alcohol, narcotics,
| 24 |
| stimulants, or any
other chemical agent or drug which | 25 |
| results in the inability to practice
with reasonable | 26 |
| judgment, skill or safety.
|
|
|
|
HB4856 Engrossed |
- 11 - |
LRB096 16812 ASK 32119 b |
|
| 1 |
| (8) Discipline by another U.S. jurisdiction if at
least | 2 |
| one of the grounds for the discipline is the same or | 3 |
| substantially
equivalent to those set forth herein.
| 4 |
| (9) A finding by the Department that the licensee, | 5 |
| after having
his or her license
placed on probationary | 6 |
| status has violated the terms of probation.
| 7 |
| (10) Willfully making or filing false records or | 8 |
| reports in
his or her
practice,
including but not limited | 9 |
| to false records filed with State agencies or
departments.
| 10 |
| (11) Physical illness, mental illness, or other | 11 |
| impairment or disability, including, but not limited to,
| 12 |
| deterioration
through the aging process, or loss of motor | 13 |
| skill that results in
the
inability to practice the | 14 |
| profession with reasonable judgment, skill or safety.
| 15 |
| (12) Disregard or violation of this Act or of any rule
| 16 |
| issued pursuant to this Act.
| 17 |
| (13) Aiding or abetting another in the violation of | 18 |
| this Act
or any rule
or regulation issued pursuant to this | 19 |
| Act.
| 20 |
| (14) Allowing one's license to be used by an unlicensed
| 21 |
| person.
| 22 |
| (15) (Blank).
| 23 |
| (16) Professional incompetence in the practice of | 24 |
| nursing
home administration.
| 25 |
| (17) Conviction of a violation of Section 12-19 of the
| 26 |
| Criminal Code of
1961 for the abuse and gross neglect of a |
|
|
|
HB4856 Engrossed |
- 12 - |
LRB096 16812 ASK 32119 b |
|
| 1 |
| long term care facility resident.
| 2 |
| (18) Violation of the Nursing Home Care Act or the | 3 |
| MR/DD Community Care Act or of any rule
issued under the | 4 |
| Nursing Home Care Act or the MR/DD Community Care Act.
| 5 |
| (19) Failure to report to the Department any adverse | 6 |
| final action taken against the licensee by a licensing | 7 |
| authority of another state, territory of the United States, | 8 |
| or foreign country; or by any governmental or law | 9 |
| enforcement agency; or by any court for acts or conduct | 10 |
| similar to acts or conduct that would constitute grounds | 11 |
| for disciplinary action under this Section. | 12 |
| (20) Failure to report to the Department the surrender | 13 |
| of a license or authorization to practice as a nursing home | 14 |
| administrator in another state or jurisdiction for acts or | 15 |
| conduct similar to acts or conduct that would constitute | 16 |
| grounds for disciplinary action under this Section. | 17 |
| (21) Failure to report to the Department any adverse | 18 |
| judgment, settlement, or award arising from a liability | 19 |
| claim related to acts or conduct similar to acts or conduct | 20 |
| which would constitute grounds for disciplinary action | 21 |
| under this Section. | 22 |
| All proceedings to suspend, revoke, place on
probationary | 23 |
| status, or take any other disciplinary action
as the Department | 24 |
| may deem proper, with regard to a license
on any of the | 25 |
| foregoing grounds, must be commenced within
5
years next after | 26 |
| receipt by the Department of (i) a
complaint
alleging the |
|
|
|
HB4856 Engrossed |
- 13 - |
LRB096 16812 ASK 32119 b |
|
| 1 |
| commission of or notice of the conviction order
for any of the | 2 |
| acts described herein or (ii) a referral for investigation
| 3 |
| under
Section 3-108 of the Nursing Home Care Act.
| 4 |
| The entry of an order or judgment by any circuit court | 5 |
| establishing that
any person holding a license under this Act | 6 |
| is a person in need of mental
treatment operates as a | 7 |
| suspension of that license. That person may resume
their | 8 |
| practice only upon the entry of a Department order based upon a
| 9 |
| finding by the Board that they have been determined to
be | 10 |
| recovered from mental illness by the court and upon the
Board's | 11 |
| recommendation that they be permitted to resume their practice.
| 12 |
| The Department, upon the recommendation of the
Board, may
| 13 |
| adopt rules which set forth
standards to be used in determining | 14 |
| what constitutes:
| 15 |
| (i)
when a person will be deemed sufficiently
| 16 |
| rehabilitated to warrant the public trust;
| 17 |
| (ii)
dishonorable, unethical or
unprofessional conduct | 18 |
| of a character likely to deceive,
defraud, or harm the | 19 |
| public;
| 20 |
| (iii)
immoral conduct in the commission
of any act | 21 |
| related to the licensee's practice; and
| 22 |
| (iv)
professional incompetence in the practice
of | 23 |
| nursing home administration.
| 24 |
| However, no such rule shall be admissible into evidence
in | 25 |
| any civil action except for review of a licensing or
other | 26 |
| disciplinary action under this Act.
|
|
|
|
HB4856 Engrossed |
- 14 - |
LRB096 16812 ASK 32119 b |
|
| 1 |
| In enforcing this Section, the Department or Board, upon a | 2 |
| showing of a
possible
violation,
may compel any individual | 3 |
| licensed to practice under this
Act, or who has applied for | 4 |
| licensure
pursuant to this Act, to submit to a mental or | 5 |
| physical
examination, or both, as required by and at the | 6 |
| expense of
the Department. The examining physician or | 7 |
| physicians shall
be those specifically designated by the | 8 |
| Department or Board.
The Department or Board may order the | 9 |
| examining physician to present
testimony
concerning this | 10 |
| mental or physical examination of the licensee or applicant. No
| 11 |
| information shall be excluded by reason of any common law or | 12 |
| statutory
privilege relating to communications between the | 13 |
| licensee or applicant and the
examining physician.
The | 14 |
| individual to be examined may have, at his or her own
expense, | 15 |
| another physician of his or her choice present
during all | 16 |
| aspects of the examination. Failure of any
individual to submit | 17 |
| to mental or physical examination, when
directed, shall be | 18 |
| grounds for suspension of his or her
license until such time as | 19 |
| the individual submits to the
examination if the Department | 20 |
| finds, after notice
and hearing, that the refusal to submit to | 21 |
| the examination
was without reasonable cause.
| 22 |
| If the Department or Board
finds an individual unable to | 23 |
| practice
because of the reasons
set forth in this Section, the | 24 |
| Department or Board shall
require such individual to submit to | 25 |
| care, counseling, or
treatment by physicians approved or | 26 |
| designated by the
Department or Board, as a condition, term, or |
|
|
|
HB4856 Engrossed |
- 15 - |
LRB096 16812 ASK 32119 b |
|
| 1 |
| restriction for
continued,
reinstated, or renewed licensure to | 2 |
| practice; or in lieu of care, counseling,
or
treatment, the | 3 |
| Department may file, or the Board may recommend to the
| 4 |
| Department to
file, a complaint to
immediately suspend, revoke, | 5 |
| or otherwise discipline the license of the
individual.
Any | 6 |
| individual whose license was granted pursuant to
this Act or | 7 |
| continued, reinstated, renewed,
disciplined or supervised, | 8 |
| subject to such terms, conditions
or restrictions who shall | 9 |
| fail to comply with such terms,
conditions or restrictions
| 10 |
| shall be referred to the Secretary
for a
determination as to | 11 |
| whether the licensee shall have his or her
license suspended | 12 |
| immediately, pending a hearing by the
Department. In instances | 13 |
| in which the Secretary
immediately suspends a license under | 14 |
| this Section, a hearing
upon such person's license must be | 15 |
| convened by the
Board within 30
days after such suspension and
| 16 |
| completed without appreciable delay. The Department and Board
| 17 |
| shall have the authority to review the subject administrator's
| 18 |
| record of treatment and counseling regarding the impairment,
to | 19 |
| the extent permitted by applicable federal statutes and
| 20 |
| regulations safeguarding the confidentiality of medical | 21 |
| records.
| 22 |
| An individual licensed under this Act, affected under
this | 23 |
| Section, shall be afforded an opportunity to
demonstrate to the | 24 |
| Department or Board that he or she can
resume
practice in | 25 |
| compliance with acceptable and prevailing
standards under the | 26 |
| provisions of his or her license.
|
|
|
|
HB4856 Engrossed |
- 16 - |
LRB096 16812 ASK 32119 b |
|
| 1 |
| (b) Any individual or
organization acting in good faith, | 2 |
| and not in a wilful and
wanton manner, in complying with this | 3 |
| Act by providing any
report or other information to the | 4 |
| Department, or
assisting in the investigation or preparation of | 5 |
| such
information, or by participating in proceedings of the
| 6 |
| Department, or by serving as a member of the
Board, shall not, | 7 |
| as a result of such actions,
be subject to criminal prosecution | 8 |
| or civil damages.
| 9 |
| (c) Members of the Board, and persons
retained under | 10 |
| contract to assist and advise in an investigation,
shall be | 11 |
| indemnified by the State for any actions
occurring within the | 12 |
| scope of services on or for the Board, done in good
faith
and | 13 |
| not wilful and wanton in
nature. The Attorney General shall | 14 |
| defend all such actions
unless he or she determines either that | 15 |
| there would be a
conflict of interest in such representation or | 16 |
| that the
actions complained of were not in good faith or were | 17 |
| wilful and wanton.
| 18 |
| Should the Attorney General decline representation,
a | 19 |
| person entitled to indemnification under this Section shall | 20 |
| have the
right to employ counsel of his or her
choice, whose | 21 |
| fees shall be provided by the State, after
approval by the | 22 |
| Attorney General, unless there is a
determination by a court | 23 |
| that the member's actions were not
in good faith or were wilful | 24 |
| and wanton.
| 25 |
| A person entitled to indemnification under this
Section | 26 |
| must notify the Attorney General within 7
days of receipt of |
|
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| 1 |
| notice of the initiation of any action
involving services of | 2 |
| the Board. Failure to so
notify the Attorney General shall | 3 |
| constitute an absolute
waiver of the right to a defense and | 4 |
| indemnification.
| 5 |
| The Attorney General shall determine within 7 days
after | 6 |
| receiving such notice, whether he or she will undertake to | 7 |
| represent
a
person entitled to indemnification under this | 8 |
| Section.
| 9 |
| (d) The determination by a circuit court that a licensee is | 10 |
| subject to
involuntary admission or judicial admission as | 11 |
| provided in the Mental
Health and Developmental Disabilities | 12 |
| Code, as amended, operates as an
automatic suspension. Such | 13 |
| suspension will end only upon a finding by a
court that the | 14 |
| patient is no longer subject to involuntary admission or
| 15 |
| judicial admission and issues an order so finding and | 16 |
| discharging the
patient; and upon the recommendation of the | 17 |
| Board to the Secretary
that
the licensee be allowed to resume | 18 |
| his or her practice.
| 19 |
| (e) The Department may refuse to issue or may suspend the | 20 |
| license of
any person who fails to file a return, or to pay the | 21 |
| tax, penalty or
interest shown in a filed return, or to pay any | 22 |
| final assessment of tax,
penalty or interest, as required by | 23 |
| any tax Act administered by the Department of Revenue, until | 24 |
| such time as the requirements of any
such tax Act are | 25 |
| satisfied.
| 26 |
| (f) The Department of Public Health shall transmit to the
|
|
|
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| 1 |
| Department a list of those facilities which receive an "A" | 2 |
| violation as
defined in Section 1-129 of the Nursing Home Care | 3 |
| Act.
| 4 |
| (Source: P.A. 95-703, eff. 12-31-07; 96-339, eff. 7-1-10.)
| 5 |
| (225 ILCS 70/17.1 new) | 6 |
| Sec. 17.1. Reports relating to professional conduct and | 7 |
| capacity. | 8 |
| (a) The chief administrator or executive officer of any | 9 |
| health care institution licensed by the Illinois Department of | 10 |
| Public Health, including nursing homes, shall report to the | 11 |
| Department any instance arising in connection with operations | 12 |
| of the health care institution, including the administration of | 13 |
| any law by the institution, in which a licensee under this Act | 14 |
| has either committed an act or acts which may constitute a | 15 |
| violation of this Act or unprofessional conduct related | 16 |
| directly to patient care, or which may indicate that the | 17 |
| licensee may be mentally or physically disabled in such a | 18 |
| manner as to endanger patients under that licensee's care. | 19 |
| Additionally, every nursing home shall report to the Department | 20 |
| any instance when a licensee is terminated for cause. | 21 |
| (b) Any insurance company that offers policies of | 22 |
| professional liability insurance to licensees, or any other | 23 |
| entity that seeks to indemnify the professional liability of a | 24 |
| licensee, shall report the settlement of any claim or adverse | 25 |
| final judgment rendered in any cause of action that alleged |
|
|
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| negligence in planning, organizing, directing, or supervising | 2 |
| the operation of a nursing home by the licensee. | 3 |
| (c) The State's Attorney of each county shall report to the | 4 |
| Department each instance in which a licensee is convicted of or | 5 |
| enters a plea of guilty or nolo contendere to any crime that is | 6 |
| a felony or of which an essential element is dishonesty or that | 7 |
| is directly related to the practice of the profession of | 8 |
| nursing home administration. | 9 |
| (d) Any agency, board, commission, department, or other | 10 |
| instrumentality of the government of the State of Illinois | 11 |
| shall report to the Department any instance arising in | 12 |
| connection with the operations of the agency, including the | 13 |
| administration of any law by the agency, in which a licensee | 14 |
| under this Act has either committed an act or acts which may | 15 |
| constitute a violation of this Act or unprofessional conduct | 16 |
| related directly to planning, organizing, directing or | 17 |
| supervising the operation of a nursing home, or which may | 18 |
| indicate that a licensee may be mentally or physically disabled | 19 |
| in such a manner as to endanger others. | 20 |
| (e) All reports required by items (19), (20), and (21) of | 21 |
| subsection (a) of Section 17 and by this Section 17.1 shall be | 22 |
| submitted to the Department in a timely fashion. The reports | 23 |
| shall be filed in writing within 60 days after a determination | 24 |
| that a report is required under this Act. All reports shall | 25 |
| contain the following information: | 26 |
| (1) The name, address, and telephone number of the |
|
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| person making the report. | 2 |
| (2) The name, address, and telephone number of the | 3 |
| person that is the subject of the report. | 4 |
| (3) The name and date of birth of any person or persons | 5 |
| whose treatment is a subject of the report, or other means | 6 |
| of identification if such information is not available, and | 7 |
| identification of the nursing home facility where the care | 8 |
| at issue in the report was rendered. | 9 |
| (4) A brief description of the facts which gave rise to | 10 |
| the issuance of the report, including the dates of any | 11 |
| occurrences deemed to necessitate the filing of the report. | 12 |
| (5) If court action is involved, then the identity of | 13 |
| the court in which the action is filed, along with the | 14 |
| docket number and date of filing of the action. | 15 |
| (6) Any further pertinent information which the | 16 |
| reporting party deems to be an aid in the evaluation of the | 17 |
| report. | 18 |
| If the Department receives a written report concerning an | 19 |
| incident required to be reported in either items (19), (20), | 20 |
| and (21) of subsection (a) of Section 17 or this Section 17.1, | 21 |
| then the licensee's failure to report the incident to the | 22 |
| Department within 60 days may not be the sole grounds for any | 23 |
| disciplinary action against the licensee. | 24 |
| (f) Any individual or organization acting in good faith, | 25 |
| and not in a wilful and wanton manner, in complying with this | 26 |
| Act by providing any report or other information to the |
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|
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| 1 |
| Department, or assisting in the investigation or preparation of | 2 |
| such information, or by voluntarily reporting to the Department | 3 |
| information regarding alleged errors or negligence by a | 4 |
| licensee, or by participating in proceedings of the Department, | 5 |
| shall not, as a result of such actions, be subject to criminal | 6 |
| prosecution or civil damages. | 7 |
| (g) Upon the receipt of any report required by this Act, | 8 |
| the Department shall notify in writing, by certified mail, the | 9 |
| person who is the subject of the report. Such notification | 10 |
| shall be made within 30 days after receipt by the Department of | 11 |
| the report. | 12 |
| The notification shall include a written notice setting | 13 |
| forth the person's right to examine the report. The | 14 |
| notification shall also include the address at which the file | 15 |
| is maintained, the name of the custodian of the file, and the | 16 |
| telephone number at which the custodian may be reached. The | 17 |
| person who is the subject of the report shall submit a written | 18 |
| statement responding, clarifying, adding to, or proposing the | 19 |
| amending of the report previously filed. The statement shall | 20 |
| become a permanent part of the file and must be received by the | 21 |
| Department no more than 30 days after the date on which the | 22 |
| person was notified by the Department of the existence of the | 23 |
| original report. | 24 |
| The Department shall review a report received by it, | 25 |
| together with any supporting information and responding | 26 |
| statements submitted by the person who is the subject of the |
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| 1 |
| report. The review by the Department shall be in a timely | 2 |
| manner, but in no event shall the Department's initial review | 3 |
| of the material contained in each disciplinary file last less | 4 |
| than 61 days nor more than 180 days after the receipt of the | 5 |
| initial report by the Department. | 6 |
| When the Department makes its initial review of the | 7 |
| materials contained within its disciplinary files, the | 8 |
| Department shall, in writing, make a determination as to | 9 |
| whether there are sufficient facts to warrant further | 10 |
| investigation or action. Failure to make such determination | 11 |
| within the time provided shall be deemed to be a determination | 12 |
| that there are not sufficient facts to warrant further | 13 |
| investigation or action. | 14 |
| (h) Any violation of this Section shall be a Class A | 15 |
| misdemeanor. | 16 |
| (i) If any person or entity violates the provisions of this | 17 |
| Section, then an action may be brought in the name of the | 18 |
| People of the State of Illinois, through the Attorney General | 19 |
| of the State of Illinois, for an order enjoining such violation | 20 |
| or for an order enforcing compliance with this Section. Upon | 21 |
| filing of a verified petition in such court, the court may | 22 |
| issue a temporary restraining order without notice or bond and | 23 |
| may preliminarily or permanently enjoin such violation, and if | 24 |
| it is established that such person or entity has violated or is | 25 |
| violating the injunction, the court may punish the offender for | 26 |
| contempt of court. Proceedings under this paragraph shall be in |
|
|
|
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| 1 |
| addition to, and not in lieu of, all other remedies and | 2 |
| penalties provided for by this Section.
| 3 |
| Section 99. Effective date. This Act takes effect January | 4 |
| 1, 2011.
|
|
|
|
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 225 ILCS 70/17 |
from Ch. 111, par. 3667 |
| 4 |
| 225 ILCS 70/17.1 new |
|
| |
|