State of Illinois
90th General Assembly
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90_HB1077

      225 ILCS 65/3             from Ch. 111, par. 3503
      225 ILCS 65/7             from Ch. 111, par. 3507
      225 ILCS 65/24            from Ch. 111, par. 3524
      225 ILCS 65/28            from Ch. 111, par. 3528
          Amends the Illinois Nursing Act of  1987.  Provides  that
      the  Committee is authorized to appoint a Committee member as
      liaison to the Program.  Provides that moneys  in  that  Fund
      shall  be  used  to  fund  an  Assistance Program for Nurses.
      Provides that if a registered professional nurse  who  is  an
      administrator  or  officer in a health care facility believes
      that a nurse is addicted to habit-forming drugs or alcohol or
      unlawfully uses or possesses certain drugs, he or  she  shall
      report it to the Assistance Program for Nurses rather than to
      the  Department.   Provides  that  the  nurse  shall  not  be
      reported  to  the  Department  unless he or she fails to meet
      established    criteria    for    participation    in     the
      non-disciplinary  alternative  program  for  substance abuse.
      Provides that the nurse  may  self-refer  to  the  Assistance
      Program.
                                                    LRB9001267LDdvA
                                              LRB9001267LDdvA
 1        AN  ACT  to  amend  the  Illinois  Nursing act of 1987 by
 2    changing Sections 3, 7, 24, and 28.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The Illinois Nursing Act of 1987 is amended
 6    by changing Sections 3, 7, 24, and 28 as follows:
 7        (225 ILCS 65/3) (from Ch. 111, par. 3503)
 8        Sec. 3.  Each of the following terms, when used  in  this
 9    Act,  shall have  the meaning ascribed to it in this Section,
10    except where the context clearly indicates otherwise:
11        (a)  "Department" means the  Department  of  Professional
12    Regulation;
13        (b)  "Director"  means  the Director of the Department of
14    Professional Regulation;
15        (c)  "Committee" means the Committee on Nursing appointed
16    by the Director;
17        (d)  "Academic year" means the customary annual  schedule
18    of  courses  at  a  college,  university  or approved school,
19    customarily regarded as the school year as distinguished from
20    the calendar year;
21        (e)  "Approved program of professional nursing education"
22    and "approved program of  practical  nursing  education"  are
23    programs  of professional or practical nursing, respectively,
24    approved by the Department under the provisions of this Act;
25        (f)  "Nursing    Coordinator"    means    a    registered
26    professional nurse appointed by the Director to carry out the
27    administrative policies of the Department;
28        (g)  "Assistant Nursing Coordinator" means  a  registered
29    professional  nurse  appointed  by  the Director to assist in
30    carrying out the administrative policies of the Department;
31        (h)  "Registered" is the equivalent of "licensed";
                            -2-               LRB9001267LDdvA
 1        (i)  "Practical  nurse"  or  "licensed  practical  nurse"
 2    means a person who is licensed as  a  practical  nurse  under
 3    this  Act  and  practices  practical  nursing  as  defined in
 4    paragraph (j)  of  this  Section.   Only  a  practical  nurse
 5    licensed  under  this  Act  is  entitled  to  use  the  title
 6    "licensed practical nurse" and the abbreviation "L.P.N.";
 7        (j)  "Practical   nursing"  means  the  performance,  for
 8    compensation, of acts in the care of  the  ill,  injured,  or
 9    infirmed,  selected by and performed under the direction of a
10    registered professional nurse, licensed physician,   dentist,
11    or  podiatrist,  requiring the basic nursing skill, judgment,
12    and knowledge acquired by means  of  a  completed  course  of
13    study in an approved practical nursing education program;
14        (k)  "Registered   Nurse"   or  "Registered  Professional
15    Nurse" means a person who is licensed as a professional nurse
16    under this Act and practices nursing as defined in  paragraph
17    (l)  of this Section.  Only a registered nurse licensed under
18    this Act is entitled to use the titles "registered nurse" and
19    "registered professional nurse" and the abbreviation, "R.N.";
20        (l)  "Professional nursing" includes all its specialties,
21    and means the performance for  compensation  of  any  nursing
22    act,  (1)  in  the nursing evaluation, observation, care, and
23    counsel  of  the  ill,  injured,  or  infirmed;  (2)  in  the
24    maintenance of health or prevention of illness of others; (3)
25    the  administration  of   medications   and   treatments   as
26    prescribed  by  a licensed physician, dentist, or podiatrist;
27    or (4) any act in the supervision  or  teaching  of  nursing,
28    which  requires  substantial,  specialized judgment and skill
29    the proper performance of which is  based  on  knowledge  and
30    application  of  the  principles of biological, physical, and
31    social science acquired by means of a completed course in  an
32    approved school of professional nursing.  The foregoing shall
33    not  be  deemed to include those acts of medical diagnosis or
34    prescription of therapeutic or corrective measures which  are
                            -3-               LRB9001267LDdvA
 1    properly  performed  only by physicians licensed in the State
 2    of Illinois; and
 3        (m)  "Current nursing practice  update  course"  means  a
 4    planned   nursing   education   curriculum  approved  by  the
 5    Department consisting of activities  which  have  educational
 6    objectives, instructional methods, content or subject matter,
 7    clinical  practice,  and evaluation methods, related to basic
 8    review and updating  content  and  specifically  planned  for
 9    those  nurses previously licensed in the United States or its
10    territories and preparing for reentry into nursing practice.
11        "Professional assistance  program  for  nurses"  means  a
12    professional   assistance   program   that   meets   criteria
13    established  by  the  Board  of  Nursing  and that provides a
14    non-disciplinary treatment approach for nurses licensed under
15    this Act whose ability to practice is compromised by  alcohol
16    or  chemical  substances  addiction.   This  program shall be
17    administered through a contract with the Department.
18    (Source: P.A. 85-981.)
19        (225 ILCS 65/7) (from Ch. 111, par. 3507)
20        Sec. 7. (a) The  Director  shall  appoint  the  Committee
21    which  shall be composed of 9 registered professional nurses,
22    2 licensed practical nurses and one public member  who  shall
23    be  a non-voting member and who is not a licensed health care
24    provider. Three registered  nurses  shall  hold  at  least  a
25    master's  degree  in nursing and be educators in professional
26    nursing  programs,  one  representing  baccalaureate  nursing
27    education,  one   representing   associate   degree   nursing
28    education,   and  one  representing  diploma  education;  one
29    registered nurse shall hold at least a bachelor's degree with
30    a major in nursing and be an educator in a licensed practical
31    nursing program; one registered nurse shall hold  a  master's
32    degree  in  nursing   and  shall  represent  nursing  service
33    administration;  2 registered nurses shall represent clinical
                            -4-               LRB9001267LDdvA
 1    nursing practice, one of whom shall have at least a  master's
 2    degree  in  nursing;  and 2 registered nurses shall represent
 3    advanced specialty practice. Each of the 11 nurses shall have
 4    had a minimum of 5 years  experience  in  nursing,  three  of
 5    which  shall  be  in the area they represent on the committee
 6    and be actively engaged in the area of nursing they represent
 7    at the time of appointment and during  their  tenure  on  the
 8    Committee.  Members shall be appointed for a term of 3 years.
 9    No  member  shall  be eligible for appointment to more than 2
10    consecutive terms and any appointment to fill a vacancy shall
11    be  for  the  unexpired  portion  of  the  term.   In  making
12    Committee appointments, the Director shall give consideration
13    to  recommendations  submitted  by   nursing   organizations.
14    Consideration    shall   be   given   to   equal   geographic
15    representation.   The  Committee  shall  receive  actual  and
16    necessary expenses  incurred  in  the  performance  of  their
17    duties.
18        In  making  the  initial appointments, the Director shall
19    appoint all new members for terms of 2, 3  and  4  years  and
20    such  terms  shall  be  staggered  as  follows:   3  shall be
21    appointed for terms of 2 years;  3  shall  be  appointed  for
22    terms  of  3  years,  and 3 shall be appointed for terms of 4
23    years.  However, such appointment shall be made in  a  manner
24    so that each member appointed prior to January 1, 1987, whose
25    current  appointed  term  has not expired, will be allowed to
26    serve out the remainder of his or her term.
27        The Director may remove any member of the  committee  for
28    misconduct,  incapacity  or  neglect  of  duty.  The Director
29    shall reduce to writing any causes for removal.
30        The Committee shall meet annually to elect a  chairperson
31    and  vice  chairperson.   The  Committee  may hold such other
32    meetings during the year as may be necessary to  conduct  its
33    business.    Six   voting  members  of  the  Committee  shall
34    constitute a quorum at any meeting.  Any action taken by  the
                            -5-               LRB9001267LDdvA
 1    Committee  must  be  on  the  affirmative  vote of 6 members.
 2    Voting by proxy shall not be permitted.
 3        The Committee  shall  submit  an  annual  report  to  the
 4    Director.
 5        The members of the Committee shall be immune from suit in
 6    any  action  based upon any disciplinary proceedings or other
 7    acts performed in good faith as members of the Committee.
 8        (b)  The Committee is authorized to:
 9             (1)  recommend the adoption and, from time to  time,
10        the  revision  of such rules and regulations which may be
11        necessary to carry out the provisions of this Act;
12             (2)  conduct hearings and  disciplinary  conferences
13        upon  charges  calling  for  discipline  of a licensee as
14        provided in Section 25;
15             (3)  report to the Department, upon completion of  a
16        hearing, the disciplinary actions recommended to be taken
17        against persons violating this Act;
18             (4)  recommend  the  approval,  denial  of approval,
19        withdrawal  of  approval,  or   discipline   of   nursing
20        education programs;
21             (5)  participate in a national organization of state
22        boards of nursing; and
23             (6)  recommend  a  list  of the registered nurses to
24        serve  as  nursing  coordinator  and  assistant   nursing
25        coordinator respectively; and.
26             (7)  appoint  a  Committee  member as liaison to the
27        Assistance Program for Nurses.
28    (Source: P.A. 87-268.)
29        (225 ILCS 65/24) (from Ch. 111, par. 3524)
30        Sec. 24.   There  is  hereby  created  within  the  State
31    Treasury  the  Nursing  Dedicated and Professional Fund.  The
32    monies in the Fund shall be used by and at the  direction  of
33    the Department for the administration and enforcement of this
                            -6-               LRB9001267LDdvA
 1    Act, including but not limited to:
 2             (a)  Distribution  and  publication of "The Illinois
 3        Nursing Act" and the rules and regulations at the time of
 4        renewal  to  all  Registered  Professional   Nurses   and
 5        Licensed Practical Nurses licensed by the Department.;
 6             (b)  Employment     of     secretarial,     nursing,
 7        administrative,  enforcement  and research assistance for
 8        the administration of this Act.  After January  1,  1991,
 9        the   Director  shall  employ,  in  conformity  with  the
10        Personnel Code,  one  full-time  investigator  for  every
11        10,000 nurses licensed to practice in the State.;
12             (c)  Surveying,  every  license  renewal period, the
13        nurse population of Illinois, its  employment,  earnings,
14        distribution,   education   and  other  professional  and
15        demographic characteristics, and for the publication  and
16        distribution of the survey.; and
17             (d)  Conducting  of  training seminars for licensees
18        under   this   Act   relating   to    the    obligations,
19        responsibilities, enforcement and other provisions of the
20        Act and the regulations thereunder.
21             (e)  Disposition of Fees:
22                  (i)  Until  January  1,  1991,  50% of the fees
23             collected pursuant to this Act shall be deposited in
24             the Nursing Dedicated and Professional Fund and  50%
25             shall be deposited in the General Revenue Fund.
26                  (ii)  On  or  after January 1, 1991, all of the
27             fees  collected  pursuant  to  this  Act  shall   be
28             deposited  in the Nursing Dedicated and Professional
29             Fund.
30        For the fiscal year beginning July 1,  1988,  the  monies
31    deposited  in  the  Nursing  Dedicated  and Professional Fund
32    shall be appropriated to the Department for expenses  of  the
33    Department  and  the  Committee in the administration of this
34    Act.  All earnings received from investment of monies in  the
                            -7-               LRB9001267LDdvA
 1    Nursing Dedicated and Professional Fund shall be deposited in
 2    the Nursing Dedicated and Professional Fund and shall be used
 3    for the same purposes as fees deposited in the Fund.
 4        For  the  fiscal year beginning July 1, 1991 and for each
 5    fiscal year thereafter, either 10% of the monies deposited in
 6    the Nursing Dedicated and Professional Fund  each  year,  not
 7    including  interest accumulated on such monies, or any monies
 8    deposited in the Fund in each year which are in excess of the
 9    amount  appropriated  in  that  year  to  meet  ordinary  and
10    contingent expenses of  the  Committee,  whichever  is  less,
11    shall   be   set  aside  and  appropriated  to  the  Illinois
12    Department of Public Health for nursing scholarships  awarded
13    pursuant to the Nursing Education Scholarship Law.
14        Moneys  in the Fund may be transferred to the Professions
15    Indirect Cost Fund as authorized under  Section  61e  of  the
16    Civil Administrative Code of Illinois.
17        In  addition  to any other permitted use of moneys in the
18    Fund, and notwithstanding any restriction on the use  of  the
19    Fund,  moneys  in the Nursing Dedicated and Professional Fund
20    may be transferred to the General Revenue Fund as  authorized
21    by  this  amendatory Act of 1992.  The General Assembly finds
22    that an excess of moneys exists in the Fund.  On February  1,
23    1992,   the  Comptroller  shall  order  transferred  and  the
24    Treasurer shall transfer $200,000 (or such lesser  amount  as
25    may  be on deposit in the Fund and unexpended and unobligated
26    on that date) from the Fund to the General Revenue Fund.
27        (f)  Funding of an Assistance Program for Nurses.
28    (Source: P.A.  89-204,  eff.  1-1-96;  89-237,  eff.  8-4-95;
29    89-626, eff. 8-9-96.)
30        (225 ILCS 65/28) (from Ch. 111, par. 3528)
31        Sec.  28.   Any  registered  professional nurse who is an
32    administrator or officer in any hospital, nursing home, other
33    health care agency or  facility,  or  nurse  agency  and  has
                            -8-               LRB9001267LDdvA
 1    knowledge   of  any  action  or  condition  which  reasonably
 2    indicates to her or him that a registered professional  nurse
 3    or licensed practical nurse employed by or practicing nursing
 4    in  such  hospital, nursing home, other health care agency or
 5    facility,  or  nurse  agency  is  habitually  intoxicated  or
 6    addicted to the use of habit-forming drugs to the extent that
 7    such intoxication or addiction adversely affects such nurses'
 8    professional  performance,  or  unlawfully  possesses,  uses,
 9    distributes or converts habit-forming drugs belonging to  the
10    hospital,  nursing  home  or  other  health  care  agency  or
11    facility  for  such  nurses'  own  use, shall promptly file a
12    written report thereof to the Assistance Program for  Nurses.
13    Additionally,  the  nurse  on  his  or  her  own  behalf, may
14    self-refer  to  the  Assistance  Program.  Any   information,
15    report,  or  record  that  the  Assistance Program for Nurses
16    receives,  gathers,  or  maintains  shall  be   confidential.
17    Except  as  prescribed  in  this  Section,  a  person may not
18    disclose any  information,  report,  or  record  without  the
19    written  approval of the impaired nurse.  Information that is
20    confidential may be disclosed:  (1) at a disciplinary hearing
21    before a licensing or disciplinary  authority  in  which  the
22    authority  considers  taking  disciplinary  action against an
23    impaired nurse whom the Board has referred to  an  assistance
24    program; (2) at an appeal from a disciplinary action or order
25    imposed  by  a  licensing  or  disciplinary authority; (3) to
26    qualified personnel for bona  fide  research  or  educational
27    purposes   only   after   information   that  would  identify
28    individuals is removed; or (4) to health  care  personnel  to
29    whom the program or Board has referred the impaired nurse for
30    treatment.  The  Assistance  Program  is  a  non-disciplinary
31    alternative program, separate from the Illinois Department of
32    Professional  Regulation, but contracting with the Department
33    and accountable to  the  Department  for  the  management  of
34    nurses  who meet program requirements.  Should the registered
                            -9-               LRB9001267LDdvA
 1    professional  nurse  or   licensed   practical   nurse   meet
 2    established     criteria    for    participation    in    the
 3    non-disciplinary alternative program for substance abuse, the
 4    nurse need not be reported to  the  Department  provided  the
 5    nurse  actively pursues all treatment and monitoring required
 6    by the Assistance Program.  Should the nurse not comply  with
 7    the  program  requirements,  a  report  will  be filed by the
 8    Program to the Department. the Department; provided  however,
 9    an  administrator  or officer need not file the report if the
10    nurse participates  in  a  course  of  remedial  professional
11    counseling  or medical treatment for substance abuse, as long
12    as  such  nurse  actively  pursues   such   treatment   under
13    monitoring   by  the  administrator  or  officer  or  by  the
14    hospital, nursing home, health care agency  or  facility,  or
15    nurse  agency  and the nurse continues to be employed by such
16    hospital, nursing home, health care agency  or  facility,  or
17    nurse   agency.  The  Department  shall  review  all  reports
18    received by it in a timely manner.  Its initial review  shall
19    be  completed  no  later  than  60  days after receipt of the
20    report.  Within this 60 day period, the Department shall,  in
21    writing,  make  a  determination  as  to  whether  there  are
22    sufficient facts to warrant further investigation or action.
23        Should  the Department find insufficient facts to warrant
24    further  investigation,  or  action,  the  report  shall   be
25    accepted for filing and the matter shall be deemed closed and
26    so reported.
27        Should  the  Department  find sufficient facts to warrant
28    further investigation, such investigation shall be  completed
29    within 60 days of the date of the determination of sufficient
30    facts  to  warrant  further  investigation  or action.  Final
31    action shall be determined no later than 30  days  after  the
32    completion of the investigation.  If there is a finding which
33    verifies   habitual  intoxication  or  drug  addiction  which
34    adversely affects professional performance  or  the  unlawful
                            -10-              LRB9001267LDdvA
 1    possession,  use, distribution or conversion of habit-forming
 2    drugs by the reported nurse, the  Department  may  refuse  to
 3    issue or renew or may suspend or revoke that nurses's license
 4    as  a  registered  professional nurse or a licensed practical
 5    nurse.
 6        Any of the aforementioned actions or a determination that
 7    there are insufficient facts to warrant further investigation
 8    or action shall be considered  a  final  action.   The  nurse
 9    administrator  or  officer  who  filed the original report or
10    complaint, and the nurse who is the subject  of  the  report,
11    shall be notified in writing by the Department within 15 days
12    of any final action taken by the Department.
13        Each  year on March 1, commencing with the effective date
14    of this Act, the Department shall  submit  a  report  to  the
15    General  Assembly.   The  report  shall include the number of
16    reports made under this Section to the Department during  the
17    previous  year,  the  number  of  reports  reviewed and found
18    insufficient to warrant further investigation, the number  of
19    reports not completed and the reasons for incompletion.  This
20    report  shall be made available also to nurses requesting the
21    report.
22        Any person making a report under this Section or in  good
23    faith  assisting another person in making such a report shall
24    have immunity from any liability, either criminal  or  civil,
25    that  might result by reason of such action.  For the purpose
26    of any legal proceeding, criminal or civil, there shall be  a
27    rebuttable  presumption that any person making a report under
28    this Section or  assisting  another  person  in  making  such
29    report  was  acting  in good faith.  All such reports and any
30    information disclosed  to  or  collected  by  the  Department
31    pursuant to this Section shall remain confidential records of
32    the  Department  and shall not be disclosed nor be subject to
33    any law or regulation of this State relating  to  freedom  of
34    information or public disclosure of records.
                            -11-              LRB9001267LDdvA
 1    (Source: P.A. 85-981; 86-1472.)

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