(225 ILCS 65/70-10)
(was 225 ILCS 65/10-50)
(Section scheduled to be repealed on January 1, 2028)
Intoxication and drug abuse.
(a) Any nurse who is an administrator or officer
in any hospital, nursing home, other health care agency or facility, or nurse
agency and has knowledge of any action or condition which reasonably indicates
that a registered professional nurse or licensed practical nurse
is impaired due to the use of alcohol or mood altering drugs to the extent that such impairment adversely affects such nurse's professional performance, or
unlawfully possesses, uses, distributes or converts mood altering drugs
belonging to the place of employment, shall promptly report
the individual to the Department or designee of the Department; provided however, an administrator or officer
need not file the report if the nurse participates in a course of remedial
professional counseling or medical treatment for substance abuse, as long
as such nurse actively pursues such treatment under monitoring by the
administrator or officer or by the hospital, nursing home, health care
agency or facility, or nurse agency and the nurse continues to be employed by
such hospital, nursing home, health care agency or facility, or nurse agency.
The Department shall review all reports received by it in a timely manner.
Its initial review shall be completed no later than 60 days after receipt of
the report. Within this 60 day period, the Department shall, in writing, make
a determination as to whether there are sufficient facts to warrant further
investigation or action. Any nurse participating in mandatory reporting to the Department under this Section or in good faith assisting another person in making such a report shall have immunity from any liability, either criminal or civil, that might result by reason of such action.
Should the Department find insufficient facts to warrant further
investigation, or action, the report shall be accepted for filing and the
matter shall be deemed closed and so reported.
Should the Department find sufficient facts to warrant further
investigation, such investigation shall be completed within 60 days of the
date of the determination of sufficient facts to warrant further
investigation or action. Final action shall be determined no later than
30 days after the completion of the investigation. If there is a finding
which verifies habitual intoxication or drug addiction which adversely
affects professional performance or the unlawful possession, use,
distribution or conversion of habit-forming drugs by the reported nurse,
the Department may refuse to issue or renew or may suspend or revoke that
nurse's license as a registered professional nurse or a
licensed practical nurse.
Any of the aforementioned actions or a determination that there are
insufficient facts to warrant further investigation or action shall be
considered a final action. The nurse administrator or officer who filed
the original report or complaint, and the nurse who is the subject of the
report, shall be notified in writing by the Department within 15 days of
any final action taken by the Department.
(c) Any person making a report under this Section or in good faith assisting
another person in making such a report shall have immunity from any
liability, either criminal or civil, that might result by reason of such
action. For the purpose of any legal proceeding, criminal or civil, there
shall be a rebuttable presumption that any person making a report under
this Section or assisting another person in making such report was acting
in good faith. All such reports and any information disclosed to or
collected by the Department pursuant to this Section shall remain
confidential records of the Department and shall not be disclosed nor be
subject to any law or rule of this State relating to freedom of
information or public disclosure of records.
(Source: P.A. 100-513, eff. 1-1-18