Full Text of HB5522 101st General Assembly
HB5522 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5522 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: |
| 225 ILCS 60/20 | from Ch. 111, par. 4400-20 | 225 ILCS 65/55-35 | | 225 ILCS 65/60-40 | | 225 ILCS 65/65-60 | was 225 ILCS 65/15-45 | 225 ILCS 95/11.5 | |
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Amends the Medical Practice Act of 1987, the Nurse Practice Act, and the Physician Assistant Practice Act of 1987. Provides that the rules adopted by the Department of Financial and Professional Regulation concerning continuing education shall require that, on and after January 1, 2022, all continuing education courses for persons licensed under the Acts contain curriculum that includes the understanding of implicit bias in the practice of medicine. Provides that a continuing education course dedicated solely to research or other issues that does not include a direct patient care component is not required to contain curriculum that includes implicit bias in the practice of medicine. Specifies requirements that continuing education courses must satisfy. Effectively immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. The General Assembly finds and declares all of | 5 | | the following: | 6 | | (a) Implicit bias, meaning the attitudes or internalized | 7 | | stereotypes that affect our perceptions, actions, and | 8 | | decisions in an unconscious manner, exists and often | 9 | | contributes to unequal treatment of people based on race, | 10 | | ethnicity, gender identity, sexual orientation, age, | 11 | | disability, and other characteristics. | 12 | | (b) Implicit bias contributes to health disparities by | 13 | | affecting the behavior of physicians and surgeons, nurses, | 14 | | physician assistants, and other healing arts licensees. | 15 | | (c) African American women are 3 to 4 times more likely | 16 | | than white women to die from pregnancy-related causes | 17 | | nationwide. African American patients often are prescribed | 18 | | less pain medication than white patients who present the same | 19 | | complaints. African American patients with signs of heart | 20 | | problems are not referred for advanced cardiovascular | 21 | | procedures as often as white patients with the same symptoms. | 22 | | (d) Implicit gender bias also impacts treatment decisions | 23 | | and outcomes. Women are less likely to survive a heart attack | 24 | | when they are treated by a male physician and surgeon. LGBTQ |
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| 1 | | and gender-nonconforming patients are less likely to seek | 2 | | timely medical care because they experience disrespect and | 3 | | discrimination from health care staff, with one out of 5 | 4 | | transgender patients nationwide reporting that they were | 5 | | outright denied medical care due to bias. | 6 | | (e) The General Assembly intends to reduce disparate | 7 | | outcomes and ensure that all patients receive fair treatment | 8 | | and quality health care. | 9 | | Section 5. The Medical Practice Act of 1987 is amended by | 10 | | changing Section 20 as follows:
| 11 | | (225 ILCS 60/20) (from Ch. 111, par. 4400-20)
| 12 | | (Section scheduled to be repealed on January 1, 2022)
| 13 | | Sec. 20. Continuing education. | 14 | | (a) The Department shall promulgate
rules of continuing | 15 | | education for persons licensed under
this Act that require an | 16 | | average of 50 hours of
continuing education per license year. | 17 | | These rules
shall be consistent with
requirements of relevant | 18 | | professional associations, specialty
societies, or boards. The | 19 | | rules shall also address variances in part or in
whole for good | 20 | | cause, including, but not limited to, temporary illness
or
| 21 | | hardship. In establishing these rules, the
Department shall | 22 | | consider educational requirements for
medical staffs, | 23 | | requirements for specialty society board
certification or for | 24 | | continuing education requirements as a
condition of membership |
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| 1 | | in societies representing the 2
categories of licensee under | 2 | | this Act. These rules shall
assure that licensees are given the | 3 | | opportunity to
participate in those programs sponsored by or | 4 | | through their
professional associations or hospitals which are | 5 | | relevant to
their practice. | 6 | | (b) Except as otherwise provided in this subsection, the | 7 | | rules adopted under this Section shall require that, on and | 8 | | after January 1, 2022, all continuing education courses for | 9 | | persons licensed under this Act contain curriculum that | 10 | | includes the understanding of implicit bias. Beginning January | 11 | | 1, 2023, continuing education providers shall ensure | 12 | | compliance with this Section. Beginning January 1, 2023, the | 13 | | Department shall audit continuing education providers at least | 14 | | once every 5 years to ensure adherence to regulatory | 15 | | requirements and shall withhold or rescind approval from any | 16 | | provider that is in violation of the requirements of this | 17 | | subsection. | 18 | | A continuing education course dedicated solely to research | 19 | | or other issues that does not include a direct patient care | 20 | | component is not required to contain curriculum that includes | 21 | | implicit bias in the practice of medicine. | 22 | | To satisfy the requirements of this subsection, continuing | 23 | | education courses shall address at least one of the following: | 24 | | (1) examples of how implicit bias affects perceptions | 25 | | and treatment decisions, leading to disparities in health | 26 | | outcomes; or |
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| 1 | | (2) strategies to address how unintended biases in | 2 | | decision making may contribute to health care disparities | 3 | | by shaping behavior and producing differences in medical | 4 | | treatment along lines of race, ethnicity, gender identity, | 5 | | sexual orientation, age, socioeconomic status, or other | 6 | | characteristics. | 7 | | (c) Each licensee is responsible for maintaining records of
| 8 | | completion of continuing education and shall be prepared to | 9 | | produce the
records when requested by the Department.
| 10 | | (Source: P.A. 97-622, eff. 11-23-11 .)
| 11 | | Section 10. The Nurse Practice Act is amended by adding | 12 | | Sections changing Sections 55-35, 60-40, 65-60 as follows: | 13 | | (225 ILCS 65/55-35) | 14 | | (Section scheduled to be repealed on January 1, 2028)
| 15 | | Sec. 55-35. Continuing education for LPN licensees. | 16 | | (a) The Department may adopt rules of continuing education | 17 | | for licensed practical nurses that require 20 hours of | 18 | | continuing education per 2-year license renewal cycle. The | 19 | | rules shall address variances in part or in whole for good | 20 | | cause, including without limitation illness or hardship. The | 21 | | continuing education rules must ensure that licensees are given | 22 | | the opportunity to participate in programs sponsored by or | 23 | | through their State or national professional associations, | 24 | | hospitals, or other providers of continuing education. |
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| 1 | | (b) Except as otherwise provided in this subsection, the | 2 | | rules adopted under this Section shall require that, on and | 3 | | after January 1, 2022, all continuing education courses for | 4 | | licensed practical nurses licensed under this Act contain | 5 | | curriculum that includes the understanding of implicit bias. | 6 | | Beginning January 1, 2023, continuing education providers | 7 | | shall ensure compliance with this Section. Beginning January 1, | 8 | | 2023, the Department shall audit continuing education | 9 | | providers to verify their compliance with this Section. | 10 | | A continuing education course dedicated solely to research | 11 | | or other issues that does not include a direct patient care | 12 | | component is not required to contain curriculum that includes | 13 | | implicit bias in the practice of nursing. | 14 | | To satisfy the requirements of this subsection, continuing | 15 | | education courses shall address at least one of the following: | 16 | | (1) examples of how implicit bias affects perceptions | 17 | | and treatment decisions, leading to disparities in health | 18 | | outcomes; or | 19 | | (2) strategies to address how unintended biases in | 20 | | decision making may contribute to health care disparities | 21 | | by shaping behavior and producing differences in medical | 22 | | treatment along lines of race, ethnicity, gender identity, | 23 | | sexual orientation, age, socioeconomic status, or other | 24 | | characteristics. | 25 | | (c) Each licensee is responsible for maintaining records of | 26 | | completion of continuing education and shall be prepared to |
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| 1 | | produce the records when requested by the Department.
| 2 | | (Source: P.A. 95-639, eff. 10-5-07 .) | 3 | | (225 ILCS 65/60-40) | 4 | | (Section scheduled to be repealed on January 1, 2028)
| 5 | | Sec. 60-40. Continuing education for RN licensees. | 6 | | (a) The Department may adopt rules of continuing education | 7 | | for registered professional nurses licensed under this Act that | 8 | | require 20 hours of continuing education per 2-year license | 9 | | renewal cycle. The rules shall address variances in part or in | 10 | | whole for good cause, including without limitation illness or | 11 | | hardship. The continuing education rules must ensure that | 12 | | licensees are given the opportunity to participate in programs | 13 | | sponsored by or through their State or national professional | 14 | | associations, hospitals, or other providers of continuing | 15 | | education. | 16 | | (b) Except as otherwise provided in this subsection, the | 17 | | rules adopted under this Section shall require that, on and | 18 | | after January 1, 2022, all continuing education courses for | 19 | | registered professional nurses licensed under this Act contain | 20 | | curriculum that includes the understanding of implicit bias. | 21 | | Beginning January 1, 2023, continuing education providers | 22 | | shall ensure compliance with this Section. Beginning January 1, | 23 | | 2023, the Department shall audit continuing education | 24 | | providers to verify their compliance with this Section. | 25 | | A continuing education course dedicated solely to research |
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| 1 | | or other issues that does not include a direct patient care | 2 | | component is not required to contain curriculum that includes | 3 | | implicit bias in the practice of nursing. | 4 | | To satisfy the requirements of this subsection, continuing | 5 | | education courses shall address at least one of the following: | 6 | | (1) examples of how implicit bias affects perceptions | 7 | | and treatment decisions, leading to disparities in health | 8 | | outcomes; or | 9 | | (2) strategies to address how unintended biases in | 10 | | decision making may contribute to health care disparities | 11 | | by shaping behavior and producing differences in medical | 12 | | treatment along lines of race, ethnicity, gender identity, | 13 | | sexual orientation, age, socioeconomic status, or other | 14 | | characteristics. | 15 | | (c) Each licensee is responsible for maintaining records of | 16 | | completion of continuing education and shall be prepared to | 17 | | produce the records when requested by the Department.
| 18 | | (Source: P.A. 95-639, eff. 10-5-07 .)
| 19 | | (225 ILCS 65/65-60)
(was 225 ILCS 65/15-45)
| 20 | | (Section scheduled to be repealed on January 1, 2028)
| 21 | | Sec. 65-60. Continuing education. | 22 | | (a) The Department shall
adopt rules of continuing | 23 | | education for persons licensed
under this Article as advanced | 24 | | practice registered nurses that require 80 hours of
continuing | 25 | | education per 2-year license renewal cycle. Completion of the |
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| 1 | | 80 hours of continuing education shall be deemed to satisfy the | 2 | | continuing education requirements for renewal of a registered | 3 | | professional nurse license as required by this Act. | 4 | | The 80 hours of continuing education required under this | 5 | | Section shall be completed as follows: | 6 | | (1) A minimum of 50 hours of the continuing education | 7 | | shall be obtained in continuing education programs as | 8 | | determined by rule that shall include no less than 20 hours | 9 | | of pharmacotherapeutics, including 10 hours of opioid | 10 | | prescribing or substance abuse education. Continuing | 11 | | education programs may be conducted or endorsed by | 12 | | educational institutions, hospitals, specialist | 13 | | associations, facilities, or other organizations approved | 14 | | to offer continuing education under this Act or rules and | 15 | | shall be in the advanced practice registered nurse's | 16 | | specialty. | 17 | | (2) A maximum of 30 hours of credit may be obtained by | 18 | | presentations in the advanced practice registered nurse's | 19 | | clinical specialty, evidence-based practice, or quality | 20 | | improvement projects, publications, research projects, or | 21 | | preceptor hours as determined by rule. | 22 | | The rules adopted regarding continuing education shall be | 23 | | consistent to the extent possible with requirements of relevant | 24 | | national certifying bodies or State or national professional | 25 | | associations. | 26 | | (b) The
rules shall not be inconsistent with requirements |
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| 1 | | of relevant national
certifying bodies or
State or national | 2 | | professional associations.
The rules shall also address | 3 | | variances in part or in whole for good
cause, including but not | 4 | | limited to illness or
hardship.
The continuing education rules | 5 | | shall assure that licensees are given the
opportunity to | 6 | | participate in programs sponsored by or
through their State or | 7 | | national professional associations, hospitals,
or other | 8 | | providers of continuing education. | 9 | | (c) Except as otherwise provided in this subsection, the | 10 | | rules adopted under this Section shall require that, on and | 11 | | after January 1, 2022, all continuing education courses for | 12 | | advanced practice registered nurses licensed under this Act | 13 | | contain curriculum that includes the understanding of implicit | 14 | | bias. Beginning January 1, 2023, continuing education | 15 | | providers shall ensure compliance with this Section. Beginning | 16 | | January 1, 2023, the Department shall audit continuing | 17 | | education providers to verify their compliance with this | 18 | | Section. | 19 | | A continuing education course dedicated solely to research | 20 | | or other issues that does not include a direct patient care | 21 | | component is not required to contain curriculum that includes | 22 | | implicit bias in the practice of nursing. | 23 | | To satisfy the requirements of this subsection, continuing | 24 | | education courses shall address at least one of the following: | 25 | | (1) examples of how implicit bias affects perceptions | 26 | | and treatment decisions, leading to disparities in health |
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| 1 | | outcomes; or | 2 | | (2) strategies to address how unintended biases in | 3 | | decision making may contribute to health care disparities | 4 | | by shaping behavior and producing differences in medical | 5 | | treatment along lines of race, ethnicity, gender identity, | 6 | | sexual orientation, age, socioeconomic status, or other | 7 | | characteristics. | 8 | | (d) Each licensee is
responsible
for maintaining records of | 9 | | completion of continuing education
and shall be prepared to | 10 | | produce the records when requested
by the Department.
| 11 | | (Source: P.A. 100-513, eff. 1-1-18 .)
| 12 | | Section 15. The Physician Assistant Practice Act of 1987 is | 13 | | amended by changing Section 11.5 as follows: | 14 | | (225 ILCS 95/11.5) | 15 | | (Section scheduled to be repealed on January 1, 2028) | 16 | | Sec. 11.5. Continuing education. | 17 | | (a) The Department shall adopt rules for continuing | 18 | | education for persons licensed under this Act that require 50 | 19 | | hours of continuing education per 2-year license renewal cycle. | 20 | | Completion of the 50 hours of continuing education shall be | 21 | | deemed to satisfy the continuing education requirements for | 22 | | renewal of a physician assistant license as required by this | 23 | | Act. The rules shall not be inconsistent with requirements of | 24 | | relevant national certifying bodies or State or national |
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| 1 | | professional associations. The rules shall also address | 2 | | variances in part or in whole for good cause, including, but | 3 | | not limited to, illness or hardship. The continuing education | 4 | | rules shall ensure that licensees are given the opportunity to | 5 | | participate in programs sponsored by or through their State or | 6 | | national professional associations, hospitals, or other | 7 | | providers of continuing education. | 8 | | (b) Except as otherwise provided in this subsection, the | 9 | | rules adopted under this Section shall require that, on and | 10 | | after January 1, 2022, all continuing education courses for | 11 | | persons licensed under this Act contain curriculum that | 12 | | includes the understanding of implicit bias. Beginning January | 13 | | 1, 2023, continuing education providers shall ensure | 14 | | compliance with this Section. Beginning January 1, 2023, the | 15 | | Department shall audit continuing education providers at least | 16 | | once every 5 years to ensure adherence to regulatory | 17 | | requirements and shall withhold or rescind approval from any | 18 | | provider that is in violation of the regulatory requirements. | 19 | | A continuing education course dedicated solely to research | 20 | | or other issues that does not include a direct patient care | 21 | | component is not required to contain curriculum that includes | 22 | | implicit bias in the practice of medicine. | 23 | | To satisfy the requirements of subsection (a) of this | 24 | | Section, continuing education courses shall address at least | 25 | | one of the following: | 26 | | (1) examples of how implicit bias affects perceptions |
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| 1 | | and treatment decisions, leading to disparities in health | 2 | | outcomes; or | 3 | | (2) strategies to address how unintended biases in | 4 | | decision making may contribute to health care disparities | 5 | | by shaping behavior and producing differences in medical | 6 | | treatment along lines of race, ethnicity, gender identity, | 7 | | sexual orientation, age, socioeconomic status, or other | 8 | | characteristics. | 9 | | (c) Each licensee is responsible for maintaining records of | 10 | | completion of continuing education and shall be prepared to | 11 | | produce the records when requested by the Department.
| 12 | | (Source: P.A. 100-453, eff. 8-25-17.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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