State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 002 ]
[ House Amendment 003 ]

90_HB1076enr

      5 ILCS 80/4.9             from Ch. 127, par. 1904.9
      5 ILCS 80/4.18 new
          Amends the Regulatory Agency  Sunset  Act.   Changes  the
      sunset  date  for  the  Illinois  Nursing  Act  of  1987 from
      December 31, 1997 to January 1, 2008.
                                                     LRB9001265LDcw
HB1076 Enrolled                                LRB9001265LDcw
 1        AN ACT in relation to nursing.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.   The Regulatory Agency Sunset Act is amended
 5    by changing Section 4.9 and adding Section 4.18 as follows:
 6        (5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
 7        Sec. 4.9.  The following Acts are repealed  December  31,
 8    1997:
 9        The Medical Practice Act of 1987.
10        The Pharmacy Practice Act of 1987.
11        The Illinois Optometric Practice Act of 1987.
12        The Podiatric Medical Practice Act of 1987.
13        The    Nursing    Home   Administrators   Licensing   and
14    Disciplinary Act.
15        The Physician Assistant Practice Act of 1987.
16        The Illinois Nursing Act of 1987.
17        The Clinical Social Work and Social Work Practice Act.
18        The Clinical Psychologist Licensing Act.
19        The  Illinois  Speech-Language  Pathology  and  Audiology
20    Practice Act.
21        The Marriage and Family Therapy Licensing Act.
22    (Source: P.A. 87-1237.)
23        (5 ILCS 80/4.18 new)
24        Sec.  4.18.   Act  repealed  on  January  1,  2008.   The
25    following Act is repealed on January 1, 2008:
26        The Illinois Nursing Act of 1987.
27        Section 10.  The Illinois Nursing Act of 1987 is  amended
28    by  changing  Sections 3, 4, and 28 and adding Section 4.1 as
29    follows:
HB1076 Enrolled             -2-                LRB9001265LDcw
 1        (225 ILCS 65/3) (from Ch. 111, par. 3503)
 2        Sec. 3.  Each of the following terms, when used  in  this
 3    Act,  shall have  the meaning ascribed to it in this Section,
 4    except where the context clearly indicates otherwise:
 5        (a)  "Department" means the  Department  of  Professional
 6    Regulation.;
 7        (b)  "Director"  means  the Director of the Department of
 8    Professional Regulation.;
 9        (c)  "Committee" means the Committee on Nursing appointed
10    by the Director.;
11        (d)  "Academic year" means the customary annual  schedule
12    of  courses  at  a  college,  university  or approved school,
13    customarily regarded as the school year as distinguished from
14    the calendar year.;
15        (e)  "Approved program of professional nursing education"
16    and "approved program of  practical  nursing  education"  are
17    programs  of professional or practical nursing, respectively,
18    approved by the Department under the provisions of this Act.;
19        (f)  "Nursing    Coordinator"    means    a    registered
20    professional nurse appointed by the Director to carry out the
21    administrative policies of the Department.;
22        (g)  "Assistant Nursing Coordinator" means  a  registered
23    professional  nurse  appointed  by  the Director to assist in
24    carrying out the administrative policies of the Department.;
25        (h)  "Registered" is the equivalent of "licensed".;
26        (i)  "Practical  nurse"  or  "licensed  practical  nurse"
27    means a person who is licensed as  a  practical  nurse  under
28    this  Act  and  practices  practical  nursing  as  defined in
29    paragraph (j)  of  this  Section.   Only  a  practical  nurse
30    licensed  under  this  Act  is  entitled  to  use  the  title
31    "licensed practical nurse" and the abbreviation "L.P.N.".;
32        (j)  "Practical   nursing"  means  the  performance,  for
33    compensation, of nursing acts  requiring  the  basic  nursing
34    knowledge,   judgement,   and  skill  acquired  by  means  of
HB1076 Enrolled             -3-                LRB9001265LDcw
 1    completion  of  an  approved  practical   nursing   education
 2    program.  Practical nursing includes assisting in the nursing
 3    process  as  delegated  by  and  under  the  direction  of  a
 4    registered  professional nurse.  The practical nurse may work
 5    under  the  direction  of  a  licensed  physician,   dentist,
 6    podiatrist,  or  other health care professional determined by
 7    the Department. in the care of the ill, injured, or infirmed,
 8    selected by and performed under the direction of a registered
 9    professional  nurse,  licensed  physician,      dentist,   or
10    podiatrist,  requiring the basic nursing skill, judgment, and
11    knowledge acquired by means of a completed course of study in
12    an approved practical nursing education program;
13        (k)  "Registered  Nurse"  or   "Registered   Professional
14    Nurse" means a person who is licensed as a professional nurse
15    under  this Act and practices nursing as defined in paragraph
16    (l) of this Section.  Only a registered nurse licensed  under
17    this Act is entitled to use the titles "registered nurse" and
18    "registered   professional   nurse"   and  the  abbreviation,
19    "R.N.".;
20        (l)  "Registered professional nursing practice"  includes
21    all  nursing  specialities  and  means the performance of any
22    nursing act based upon professional knowledge, judgment,  and
23    skills  acquired  by  means  of  completion  of  an  approved
24    registered   professional   nursing   education  program.   A
25    registered   professional   nurse   provides   nursing   care
26    emphasizing   the   importance   of   the   whole   and   the
27    interdependence of its parts through the nursing  process  to
28    individuals,  groups, families, or communities, that includes
29    but is not limited  to:  (1)  the  assessment  of  healthcare
30    needs,   nursing  diagnosis,  planning,  implementation,  and
31    nursing  evaluation;  (2)  the  promotion,  maintenance,  and
32    restoration of health;  (3)  counseling,  patient  education,
33    health    education,    and   patient   advocacy;   (4)   the
34    administration of medications and treatments as prescribed by
HB1076 Enrolled             -4-                LRB9001265LDcw
 1    a physician licensed to  practice  medicine  in  all  of  its
 2    branches,  a  licensed  dentist,  a licensed podiatrist, or a
 3    licensed optometrist; (5) the coordination and management  of
 4    the   nursing  plan  of  care;  (6)  the  delegation  to  and
 5    supervision  of  individuals  who   assist   the   registered
 6    professional  nurse  implementing  the  plan of care; and (7)
 7    teaching and supervision of nursing students.   "Professional
 8    nursing"   includes   all  its  specialties,  and  means  the
 9    performance for compensation of any nursing act, (1)  in  the
10    nursing  evaluation,  observation,  care,  and counsel of the
11    ill, injured, or infirmed; (2) in the maintenance  of  health
12    or prevention of illness of others; (3) the administration of
13    medications  and  treatments  as  prescribed  by  a  licensed
14    physician,  dentist,  or  podiatrist;  or  (4) any act in the
15    supervision  or   teaching   of   nursing,   which   requires
16    substantial,   specialized  judgment  and  skill  the  proper
17    performance of which is based on knowledge and application of
18    the principles of biological, physical,  and  social  science
19    acquired by means of a completed course in an approved school
20    of  professional  nursing.  The foregoing shall not be deemed
21    to include those acts of medical diagnosis or prescription of
22    therapeutic  or  corrective  measures  which   are   properly
23    performed  only  by  physicians  licensed  in  the  State  of
24    Illinois.; and
25        (m)  "Current  nursing  practice  update  course" means a
26    planned  nursing  education  curriculum   approved   by   the
27    Department  consisting  of  activities which have educational
28    objectives, instructional methods, content or subject matter,
29    clinical practice, and evaluation methods, related  to  basic
30    review  and  updating  content  and  specifically planned for
31    those nurses previously licensed in the United States or  its
32    territories and preparing for reentry into nursing practice.
33        (n)  "Professional assistance program for nurses" means a
34    professional   assistance   program   that   meets   criteria
HB1076 Enrolled             -5-                LRB9001265LDcw
 1    established  by  the Committee on Nursing and approved by the
 2    Director,  which  provides   a   non-disciplinary   treatment
 3    approach  for nurses licensed under this Act whose ability to
 4    practice is compromised  by  alcohol  or  chemical  substance
 5    addiction.
 6    (Source: P.A. 85-981.)
 7        (225 ILCS 65/4) (from Ch. 111, par. 3504)
 8        Sec.  4.  For the protection of life and the promotion of
 9    health,  and  the  prevention  of  illness  and  communicable
10    diseases, any  person  practicing  or  offering  to  practice
11    professional  and  practical nursing in Illinois shall submit
12    evidence that he or she is qualified to practice,  and  shall
13    be   licensed  as  hereinafter  provided.   No  person  shall
14    practice or  offer  to  practice  professional  or  practical
15    nursing in Illinois or use any title, sign, card or device to
16    indicate  that  such  a  person is practicing professional or
17    practical nursing unless such person has been licensed  under
18    the provisions of this Act.
19        This Act does not prohibit the following:
20        (a)  The practice of nursing in Federal employment in the
21    discharge  of  the  employee's  duties  by  a  person  who is
22    employed by the  United  States  government  or  any  bureau,
23    division  or  agency  thereof  and is a legally qualified and
24    licensed nurse of another  state  or  territory  and  not  in
25    conflict with Sections 6, 12, 13, and 25 of this Act;
26        (b)  Nursing  which is included in their program of study
27    by students enrolled in programs of  nursing  or  in  current
28    nurse practice update courses approved by the Department;
29        (c)  The   furnishing   of   nursing   assistance  in  an
30    emergency;
31        (d)  The practice of nursing by  a  nurse  who  holds  an
32    active  license  in  another state when providing services to
33    patients in  Illinois  during  a  bonafide  emergency  or  in
HB1076 Enrolled             -6-                LRB9001265LDcw
 1    immediate preparation for or during interstate transit;
 2        (e)  The  incidental  care  of the sick by members of the
 3    family, domestic servants or housekeepers,  or  care  of  the
 4    sick where treatment is by prayer or spiritual means;
 5        (f)  Persons   from  being  employed  as  nursing  aides,
 6    attendants, orderlies, and other auxiliary workers in private
 7    homes, long term care  facilities,  nurseries,  hospitals  or
 8    other institutions;
 9        (g)  The  practice  of  practical  nursing by one who has
10    applied in writing to the Department in  form  and  substance
11    satisfactory  to  the Department, for a license as a licensed
12    practical nurse and has  complied  with  all  the  provisions
13    under  Section 13, except the passing of an examination to be
14    eligible to receive such license, until:  the decision of the
15    Department that the applicant has failed  to  pass  the  next
16    available   examination  authorized  by  the  Department,  or
17    failed,  without  an  approved  excuse,  to  take  the   next
18    available  examination  authorized  by the Department, or the
19    withdrawal of the application.  No  applicant  for  licensure
20    practicing  under  the  provisions  of  this  paragraph shall
21    practice  practical   nursing   except   under   the   direct
22    supervision of a registered professional nurse licensed under
23    this  Act or a licensed physician, dentist or podiatrist.  In
24    no instance shall any such applicant practice or be  employed
25    in any supervisory capacity;
26        (h)  The  practice  of  practical nursing by one who is a
27    licensed practical nurse  under  the  laws  of  another  U.S.
28    jurisdiction and has applied in writing to the Department, in
29    form  and  substance  satisfactory  to  the Department, for a
30    license as a licensed practical nurse and who is qualified to
31    receive  such  license  under  Section  13,  until:  (1)  the
32    expiration of 6 months  after  the  filing  of  such  written
33    application,  or  (2)  the withdrawal of such application, or
34    (3) the denial of such application by the Department;
HB1076 Enrolled             -7-                LRB9001265LDcw
 1        (i)  The practice of professional nursing by one who  has
 2    applied  in  writing  to the Department in form and substance
 3    satisfactory to the Department for a license as a  registered
 4    professional  nurse  and has complied with all the provisions
 5    under Section 12 except the passing of an examination  to  be
 6    eligible  to receive such license until:  the decision of the
 7    Department that the applicant has failed  to  pass  the  next
 8    available   examination  authorized  by  the  Department,  or
 9    failed,  without  an  approved  excuse,  to  take  the   next
10    available  examination  authorized  by  the Department or the
11    withdrawal of the application.  No  applicant  for  licensure
12    practicing  under  the  provisions  of  this  paragraph shall
13    practice  professional  nursing  except  under   the   direct
14    supervision of a registered professional nurse licensed under
15    this  Act.   In no instance shall any such applicant practice
16    or be employed in any supervisory capacity;
17        (j)  The practice of professional nursing by one who is a
18    registered professional  nurse  under  the  laws  of  another
19    state,  territory  of  the  United  States or Country and has
20    applied in writing to the Department, in form  and  substance
21    satisfactory to the Department, for a license as a registered
22    professional  nurse  and  who  is  qualified  to receive such
23    license under Section 12, until:  (1)  the expiration  of  12
24    months  after  the filing of such written application, or (2)
25    the withdrawal of such application, or (3) the denial of such
26    application by the Department;
27        (k)  The  practice  of  professional  nursing  which   is
28    included  in  a  program  of study by one who is a registered
29    professional  nurse  under  the  laws  of  another  state  or
30    territory of the United States or foreign country,  territory
31    or  province  and  who  is  enrolled  in  a  graduate nursing
32    education program or  a  program  for  the  completion  of  a
33    baccalaureate  nursing  degree  in  this  State which program
34    includes clinical supervision by faculty as determined by the
HB1076 Enrolled             -8-                LRB9001265LDcw
 1    educational institution offering the program and  the  health
 2    care  organization where the practice of nursing occurs.  The
 3    educational institution will file with  the  Department  each
 4    academic  term  a  list of the names and origin of license of
 5    all professional nurses practicing nursing as part  of  their
 6    programs under this provision; or
 7        (l)  Any  person  licensed  in this State under any other
 8    Act from engaging in the practice for  which  she  or  he  is
 9    licensed.
10        An  applicant for license practicing under the exceptions
11    set forth in subparagraphs (g), (h), (i),  and  (j)  of  this
12    Section  shall  use  the title R.N. Lic. Pend. or L.P.N. Lic.
13    Pend. respectively and no other.
14    (Source: P.A. 85-981.)
15        (225 ILCS 65/4.1 new)
16        Sec. 4.1.  Task Force.  The Governor shall appoint a task
17    force  to  be  convened  by  the   Illinois   Department   of
18    Professional Regulation to study the roles, responsibilities,
19    training,  competency,  and  supervision  of  persons who are
20    employed  to  assist  a  nurse,  including   nursing   aides,
21    attendants, orderlies, and other auxiliary workers in private
22    homes,  long  term care facilities, nurseries, hospitals, and
23    other institutions.  The purpose of the task force  shall  be
24    to  determine  if  there  is  a  need  for regulation of such
25    persons by the Department.
26        The task force shall be comprised  of  11  members.   The
27    task   force   shall  include  one  representative  from  the
28    Department of  Professional  Regulation,  one  representative
29    from   the   Department  of  Public  Health,  and  9  persons
30    representing  various  nursing  and  health   care   provider
31    organizations  in  Illinois, including, but not limited to, a
32    representative from the Illinois Nurses Association, Illinois
33    Organization of Nurse Leaders, Illinois Hospital  and  Health
HB1076 Enrolled             -9-                LRB9001265LDcw
 1    Systems   Association,   Illinois  Health  Care  Association,
 2    Illinois Coalition of Nursing  Organizations,  Life  Services
 3    Network,  Licensed Practical Nursing Association of Illinois,
 4    Certified  Nurse  Aide  Educators,  and   Illinois   Homecare
 5    Council.
 6        The   task   force   shall   report   its   findings  and
 7    recommendations to the Governor by January 1, 1999.
 8        (225 ILCS 65/28) (from Ch. 111, par. 3528)
 9        Sec. 28. Intoxication and drug abuse.
10        (a)  A professional assistance program for  nurses  shall
11    be established by January 1, 1999.
12        (b)  The Director shall appoint a task force to advise in
13    the creation of the assistance program.  The task force shall
14    include  members  of  the Department and professional nurses,
15    and shall report its  findings  and  recommendations  to  the
16    Committee on Nursing.
17        (c)  Any   registered   professional   nurse  who  is  an
18    administrator or officer in any hospital, nursing home, other
19    health care agency or  facility,  or  nurse  agency  and  has
20    knowledge   of  any  action  or  condition  which  reasonably
21    indicates to her or him that a registered professional  nurse
22    or licensed practical nurse employed by or practicing nursing
23    in  such  hospital, nursing home, other health care agency or
24    facility,  or  nurse  agency  is  habitually  intoxicated  or
25    addicted to the use of habit-forming drugs to the extent that
26    such intoxication or addiction adversely affects such nurses'
27    professional  performance,  or  unlawfully  possesses,  uses,
28    distributes or converts habit-forming drugs belonging to  the
29    hospital,  nursing  home  or  other  health  care  agency  or
30    facility  for  such  nurses'  own  use, shall promptly file a
31    written report thereof to the Department;  provided  however,
32    an  administrator  or officer need not file the report if the
33    nurse participates  in  a  course  of  remedial  professional
HB1076 Enrolled             -10-               LRB9001265LDcw
 1    counseling  or medical treatment for substance abuse, as long
 2    as  such  nurse  actively  pursues   such   treatment   under
 3    monitoring   by  the  administrator  or  officer  or  by  the
 4    hospital, nursing home, health care agency  or  facility,  or
 5    nurse  agency  and the nurse continues to be employed by such
 6    hospital, nursing home, health care agency  or  facility,  or
 7    nurse  agency.    The  Department  shall  review  all reports
 8    received by it in a timely manner.  Its initial review  shall
 9    be  completed  no  later  than  60  days after receipt of the
10    report.  Within this 60 day period, the Department shall,  in
11    writing,  make  a  determination  as  to  whether  there  are
12    sufficient facts to warrant further investigation or action.
13        Should  the Department find insufficient facts to warrant
14    further  investigation,  or  action,  the  report  shall   be
15    accepted for filing and the matter shall be deemed closed and
16    so reported.
17        Should  the  Department  find sufficient facts to warrant
18    further investigation, such investigation shall be  completed
19    within 60 days of the date of the determination of sufficient
20    facts  to  warrant  further  investigation  or action.  Final
21    action shall be determined no later than 30  days  after  the
22    completion of the investigation.  If there is a finding which
23    verifies   habitual  intoxication  or  drug  addiction  which
24    adversely affects professional performance  or  the  unlawful
25    possession,  use, distribution or conversion of habit-forming
26    drugs by the reported nurse, the  Department  may  refuse  to
27    issue or renew or may suspend or revoke that nurse's nurses's
28    license  as  a  registered  professional  nurse or a licensed
29    practical nurse.
30        Any of the aforementioned actions or a determination that
31    there are insufficient facts to warrant further investigation
32    or action shall be considered  a  final  action.   The  nurse
33    administrator  or  officer  who  filed the original report or
34    complaint, and the nurse who is the subject  of  the  report,
HB1076 Enrolled             -11-               LRB9001265LDcw
 1    shall be notified in writing by the Department within 15 days
 2    of any final action taken by the Department.
 3        Each  year on March 1, commencing with the effective date
 4    of this Act, the Department shall  submit  a  report  to  the
 5    General  Assembly.   The  report  shall include the number of
 6    reports made under this Section to the Department during  the
 7    previous  year,  the  number  of  reports  reviewed and found
 8    insufficient to warrant further investigation, the number  of
 9    reports not completed and the reasons for incompletion.  This
10    report  shall be made available also to nurses requesting the
11    report.
12        Any person making a report under this Section or in  good
13    faith  assisting another person in making such a report shall
14    have immunity from any liability, either criminal  or  civil,
15    that  might result by reason of such action.  For the purpose
16    of any legal proceeding, criminal or civil, there shall be  a
17    rebuttable  presumption that any person making a report under
18    this Section or  assisting  another  person  in  making  such
19    report  was  acting  in good faith.  All such reports and any
20    information disclosed  to  or  collected  by  the  Department
21    pursuant to this Section shall remain confidential records of
22    the  Department  and shall not be disclosed nor be subject to
23    any law or regulation of this State relating  to  freedom  of
24    information or public disclosure of records.
25    (Source: P.A. 85-981; 86-1472.)

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