(225 ILCS 65/65-65)
(was 225 ILCS 65/15-55)
(Section scheduled to be repealed on January 1, 2028)
Reports relating to APRN professional conduct and
(a) Entities Required to Report.
(1) Health Care Institutions. The chief
administrator or executive officer of a health care institution licensed by the Department of Public Health, which provides the minimum due process set forth in Section 10.4 of the Hospital Licensing Act, shall report to the Board when an advanced practice registered nurse's organized professional staff clinical privileges are terminated or are restricted based on a final determination, in accordance with that institution's bylaws or rules and regulations, that (i) a person has either committed an act or acts that may directly threaten patient care and that are not of an administrative nature or (ii) that a person may have a mental or physical disability that may endanger patients under that person's care. The chief administrator or officer shall also report if an advanced practice registered nurse accepts voluntary termination or restriction of clinical privileges in lieu of formal action based upon conduct related directly to patient care and not of an administrative nature, or in lieu of formal action seeking to determine whether a person may have a mental or physical disability that may endanger patients under that person's care. The Department shall provide by rule for the reporting to it of all instances in which a person licensed under this Article, who is impaired by reason of age, drug, or alcohol abuse or physical or mental impairment, is under supervision and, where appropriate, is in a program of rehabilitation. Reports submitted under this subsection shall be strictly confidential and may be reviewed and considered only by the members of the Board or authorized staff as provided by rule of the Department. Provisions shall be made for the periodic report of the status of any such reported person not less than twice annually in order that the Board shall have current information upon which to determine the status of that person. Initial and periodic reports of impaired advanced practice registered nurses shall not be considered records within the meaning of the State Records Act and shall be disposed of, following a determination by the Board that such reports are no longer required, in a manner and at an appropriate time as the Board shall determine by rule. The filing of reports submitted under this subsection shall be construed as the filing of a report for purposes of subsection (c) of this Section.
(2) Professional Associations. The President or
chief executive officer of an association or society of persons licensed under this Article, operating within this State, shall report to the Board when the association or society renders a final determination that a person licensed under this Article has committed unprofessional conduct related directly to patient care or that a person may have a mental or physical disability that may endanger patients under the person's care.
(3) Professional Liability Insurers. Every insurance
company that offers policies of professional liability insurance to persons licensed under this Article, or any other entity that seeks to indemnify the professional liability of a person licensed under this Article, shall report to the Board the settlement of any claim or cause of action, or final judgment rendered in any cause of action, that alleged negligence in the furnishing of patient care by the licensee when the settlement or final judgment is in favor of the plaintiff.
(4) State's Attorneys. The State's Attorney of each
county shall report to the Board all instances in which a person licensed under this Article is convicted or otherwise found guilty of the commission of a felony.
(5) State Agencies. All agencies, boards,
commissions, departments, or other instrumentalities of the government of this State shall report to the Board any instance arising in connection with the operations of the agency, including the administration of any law by the agency, in which a person licensed under this Article has either committed an act or acts that may constitute a violation of this Article, that may constitute unprofessional conduct related directly to patient care, or that indicates that a person licensed under this Article may have a mental or physical disability that may endanger patients under that person's care.
(b) Mandatory Reporting. All reports required under items
(16) and (17) of subsection (a) of Section 70-5 shall
be submitted to
Board in a timely fashion. The reports shall be filed in writing
60 days after a determination that a report is required
under this Article. All reports shall contain the following
(1) The name, address, and telephone number of the
person making the report.
(2) The name, address, and telephone number of the
person who is the subject of the report.
(3) The name or other means of identification of any
patient or patients whose treatment is a subject of the report, except that no medical records may be revealed without the written consent of the patient or patients.
(4) A brief description of the facts that gave rise
to the issuance of the report, including, but not limited to, the dates of any occurrences deemed to necessitate the filing of the report.
(5) If court action is involved, the identity of the
court in which the action is filed, the docket number, and date of filing of the action.
(6) Any further pertinent information that the
reporting party deems to be an aid in the evaluation of the report.
Nothing contained in this Section shall be construed
to in any way waive or modify the confidentiality of
medical reports and committee reports to the extent
provided by law. Any information reported or disclosed
shall be kept for the confidential use of the Board,
the Board's attorneys, the investigative staff, and
authorized clerical staff and shall be afforded the
same status as is provided information concerning medical
studies in Part 21 of Article VIII of the Code of Civil
(c) Immunity from Prosecution. An individual or
organization acting in good faith, and not in a willful and
wanton manner, in complying with this Section by providing
a report or other information to the Board, by
assisting in the investigation or preparation of a report or
information, by participating in proceedings of the
Board, or by serving as a member of the Board shall not, as
a result of such actions, be subject to criminal prosecution
or civil damages.
(d) Indemnification. Members of the Board, the
Board's attorneys, the investigative staff, advanced
practice registered nurses or physicians retained under
contract to assist and advise in the investigation, and
authorized clerical staff shall be indemnified by the State
for any actions (i) occurring within the scope of services on the
Board, (ii) performed in good faith, and (iii) not willful and wanton in
nature. The Attorney General shall defend all actions taken against those
unless he or she determines either that there would be a
conflict of interest in the representation or that the
actions complained of were not performed in good faith or were willful
and wanton in nature. If the Attorney General declines
representation, the member shall have the right to employ
counsel of his or her choice, whose fees shall be provided by
the State, after approval by the Attorney General, unless
there is a determination by a court that the member's actions
were not performed in good faith or were willful and wanton in nature. The
shall notify the Attorney General within 7 days of receipt of
notice of the initiation of an action involving services of
the Board. Failure to so notify the Attorney General
shall constitute an absolute waiver of the right to a defense
and indemnification. The Attorney General shall determine
within 7 days after receiving the notice whether he or she
will undertake to represent the member.
(e) Deliberations of Board. Upon the receipt of a
report called for by this Section, other than those reports
of impaired persons licensed under this Article
pursuant to the rules of the Board, the Board shall
notify in writing by certified or registered mail or by email to the email address of record the person who is the
subject of the report. The notification shall be made
within 30 days of receipt by the Board of the report.
The notification shall include a written notice setting forth
the person's right to examine the report. Included in the
notification shall be the address at which the file is
maintained, the name of the custodian of the reports, and the
telephone number at which the custodian may be reached. The
person who is the subject of the report shall submit a
written statement responding to, clarifying, adding to, or
proposing to amend the report previously filed. The
statement shall become a permanent part of the file and shall
be received by the Board no more than 30 days after the
date on which the person was notified of the existence of the
original report. The
Board shall review all reports
received by it and any supporting information and
responding statements submitted by persons who are the
subject of reports. The review by the
Board shall be in
a timely manner but in no event shall the
initial review of the material contained in each disciplinary
file be less than 61 days nor more than 180 days after the
receipt of the initial report by the Board. When the
Board makes its initial review of the materials
contained within its disciplinary files, the Board
shall, in writing, make a determination as to whether there
are sufficient facts to warrant further investigation or
action. Failure to make that determination within the time
provided shall be deemed to be a determination that there are
not sufficient facts to warrant further investigation or
action. Should the Board find that there are not
sufficient facts to warrant further investigation or action,
the report shall be accepted for filing and the matter shall
be deemed closed and so reported. The individual or entity
filing the original report or complaint and the person who is
the subject of the report or complaint shall be notified in
writing by the
Board of any final action on their report
(g) Any violation of this Section shall constitute a Class A
(h) If a person violates the provisions of this
Section, an action may be brought in the name of the People of
the State of Illinois, through the Attorney General of the
State of Illinois, for an order enjoining the violation or
for an order enforcing compliance with this Section. Upon
filing of a petition in court, the court may
issue a temporary restraining order without notice or bond
and may preliminarily or permanently enjoin the violation,
and if it is established that the person has violated or is
violating the injunction, the court may punish the offender
for contempt of court. Proceedings under this subsection
shall be in addition to, and not in lieu of, all other
remedies and penalties provided for by this Section.
(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18