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90_HB3520
SEE INDEX
Amends the Illinois Nursing Act of 1987. Renames the Act
as the Nursing and Advanced Practice Nursing Act.
Reorganizes certain provisions and renumbers Sections within
the Act. Adds the Advanced Practice Registered Nurses Title
to provide for the licensure of advanced practice registered
nurses meeting specified requirements. Restricts the
practice of advanced practice registered nursing to the terms
of written collaborative and interactive team agreements
entered into with physicians licensed to practice medicine in
all its branches. Makes other changes. Amends the Medical
Practice Act of 1987 to set forth the circumstances under
which a physician licensed to practice medicine in all its
branches may delegate certain duties to physician assistants
and advanced practice registered nurses. Amends the Pharmacy
Practice Act of 1987 and the Illinois Controlled Substances
Act to expand the definition of "prescription" under each Act
to include orders for drugs issued by advanced practice
registered nurses under specified conditions. Amends the
Physician Assistant Practice Act of 1987 to provide that the
delegation of physician duties to a physician assistant shall
not limit the delegation of duties by a physician to other
personnel. Amends the Illinois Clinical Laboratory and Blood
Bank Act to add advanced practice registered nurses to the
list of persons at whose request a clinical laboratory may
examine specimens. Effective July 1, 1998.
LRB9007862NTsbC
LRB9007862NTsbC
1 AN ACT concerning advanced practice registered nursing,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Clinical Laboratory and Blood
6 Bank Act is amended by changing Section 7-101 as follows:
7 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
8 Sec. 7-101. Examination of specimens. A clinical
9 laboratory shall examine specimens only at the request of (i)
10 a licensed physician, (ii) a licensed dentist, (iii) a
11 licensed podiatrist, (iv) a therapeutic optometrist for
12 diagnostic or therapeutic purposes related to the use of
13 diagnostic topical or therapeutic ocular pharmaceutical
14 agents, as defined in subsections (c) and (d) of Section 15.1
15 of the Illinois Optometric Practice Act of 1987, (v) a
16 licensed physician assistant in accordance with the written
17 guidelines required under subdivision (3) of Section 4 and
18 under Section 7.5 of the Physician Assistant Practice Act of
19 1987, (v-A) an advanced practice registered nurse in
20 accordance with the written collaborative and interactive
21 team agreement required under Section 15-15 of the Nursing
22 and Advanced Practice Nursing Act, or (vi) an authorized law
23 enforcement agency or, in the case of blood alcohol, at the
24 request of the individual for whom the test is to be
25 performed in compliance with Sections 11-501 and 11-501.1 of
26 the Illinois Vehicle Code. If the request to a laboratory
27 is oral, the physician or other authorized person shall
28 submit a written request to the laboratory within 48 hours.
29 If the laboratory does not receive the written request within
30 that period, it shall note that fact in its records.
31 (Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;
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1 revised 10-23-97.)
2 Section 10. The Medical Practice Act of 1987 is amended
3 by adding Section 54.5 as follows:
4 (225 ILCS 60/54.5 new)
5 Sec. 54.5. Physician delegation of authority.
6 (a) Physicians licensed to practice medicine in all its
7 branches may delegate care and treatment duties to a
8 physician assistant under guidelines in accordance with the
9 requirements of the Physician Assistant Practice Act of
10 1987. A physician licensed to practice medicine in all its
11 branches may enter into supervising physician agreements with
12 no more than 2 physician assistants or their full time
13 equivalents.
14 (b) A physician licensed to practice medicine in all its
15 branches may collaborate with an advanced practice registered
16 nurse in accordance with the requirements of Title 15 of the
17 Nursing and Advanced Practice Nursing Act. Collaboration is
18 for the purpose of providing medical direction in a team
19 relationship and no employment relationship is required. A
20 written collaborative and interactive team agreement shall
21 conform to the requirements of Section 15-15 of the Nursing
22 and Advanced Practice Nursing Act. The agreement shall be
23 for services the collaborating physician generally provides
24 to his or her patients in the normal course of medical
25 practice.
26 (1) Except as provided in subdivision (2), a
27 physician licensed to practice medicine in all its
28 branches may enter into written collaborative and
29 interactive team agreements with no more than 2 advanced
30 practice registered nurses or their full time equivalents
31 at any one time. Physician medical direction shall be
32 adequate if a collaborating physician:
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1 (A) is responsible for the formulation or
2 approval of the physician's orders, standing medical
3 orders, standing delegation orders, or other orders
4 or protocols and if he or she periodically reviews
5 the orders and the services provided patients under
6 the orders;
7 (B) is on site at least once a week to provide
8 medical direction and consultation;
9 (C) receives a daily status report from the
10 advanced practice registered nurse on any problems
11 or complications encountered; and
12 (D) is available through direct
13 telecommunications for consultation, assistance with
14 medical emergencies, or patient referral.
15 (2) An anesthesiologist may enter into a written
16 collaborative and interactive team agreement with no more
17 than 4 certified registered nurse anesthetists or their
18 full-time equivalents in accordance with Section 15-25 of
19 the Nursing and Advanced Practice Nursing Act. A formally
20 organized group of anesthesiologists may enter into these
21 agreements with a number of certified registered nurse
22 anesthetists not to exceed 4 times the number of
23 anesthesiologists within the group. Physician medical
24 direction for a certified registered nurse anesthetist
25 shall be adequate if:
26 (A) a collaborating physician is responsible
27 for the formulation or approval of the physician's
28 orders, standing medical orders, standing delegation
29 orders, or other orders or protocols and he or she
30 periodically reviews the orders and the services
31 provided patients under the orders; or
32 (B) the responsible anesthesiologist
33 personally participates in the anesthesia plan and
34 is physically present and available for immediate
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1 diagnosis and treatment of emergencies in accordance
2 with the medical staff bylaws of the licensed
3 hospital or licensed ambulatory surgical treatment
4 centers.
5 (c) The supervising physician shall have access to the
6 medical records of all patients attended by a physician
7 assistant. The collaborating physician shall have access to
8 the medical records of all patients attended to by an
9 advanced practice registered nurse.
10 (d) Nothing in this Act shall be construed to limit the
11 delegation of tasks or duties by a physician licensed to
12 practice medicine in all its branches to a nurse or other
13 personnel.
14 (e) A physician shall not be liable for the acts or
15 omissions of a physician assistant or advanced practice
16 registered nurse solely on the basis of having signed a
17 supervision agreement or guidelines or a collaborative and
18 interactive team agreement, an order, a standing medical
19 order, a standing delegation order, or other order or
20 protocols authorizing a physician assistant or advanced
21 practice registered nurse to perform acts, unless the
22 physician has reason to believe the physician assistant or
23 advanced practice registered nurse lacked the competency to
24 perform the act or acts.
25 Section 15. The Illinois Nursing Act of 1987 is amended
26 by renumbering and changing Sections 1, 2, 3, 4, 4.1, 4.5, 5,
27 5.1, 6, 7, 12, 14, 16, 17, 18, 21, 22, 23, 24, 26, 27, 29,
28 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44,
29 45, 46, 47, 48, and 49 and adding Sections 10-10, 10-15,
30 10-20, 10-40, 10-45, 10-50, 15-5, 15-10, 15-15, 15-20, 15-25,
31 15-30, 15-35, 15-40, 15-45, 15-50, 15-55, and 20-2 and new
32 Title headings as follows:
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1 (225 ILCS 65/Title 5 heading new)
2 TITLE 5. GENERAL PROVISIONS
3 (225 ILCS 65/5-1, formerly 65/1)
4 Sec. 5-1. 1. This Article may be cited as the Illinois
5 Nursing and Advanced Practice Nursing Act, and throughout
6 this Article, references to this Act shall mean this Article
7 of 1987.
8 (Source: P.A. 85-981; 86-1475.)
9 (225 ILCS 65/5-5, formerly 65/2)
10 Sec. 5-5. 2. Legislative purpose. The practice of
11 professional and practical nursing in the State of Illinois
12 is hereby declared to affect the public health, safety, and
13 welfare and to be subject to regulation and control in the
14 public interest. It is further declared to be a matter of
15 public interest and concern that the practice of nursing, as
16 defined in this Act, merit and receive the confidence of the
17 public and that only qualified persons be authorized to so
18 practice in the State of Illinois. This Act shall be
19 liberally construed to best carry out these subjects and
20 purposes.
21 (Source: P.A. 85-981.)
22 (225 ILCS 65/5-10, formerly 65/3)
23 Sec. 5-10. 3. Definitions. Each of the following terms,
24 when used in this Act, shall have the meaning ascribed to it
25 in this Section, except where the context clearly indicates
26 otherwise:
27 (a) "Department" means the Department of Professional
28 Regulation.
29 (b) "Director" means the Director of Professional
30 Regulation.
31 (c) "Board" means the Board of Nursing appointed by the
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1 Director.
2 (d) "Academic year" means the customary annual schedule
3 of courses at a college, university, or approved school,
4 customarily regarded as the school year as distinguished from
5 the calendar year.
6 (e) "Approved program of professional nursing education"
7 and "approved program of practical nursing education" are
8 programs of professional or practical nursing, respectively,
9 approved by the Department under the provisions of this Act.
10 (f) "Nursing Act Coordinator" means a registered
11 professional nurse appointed by the Director to carry out the
12 administrative policies of the Department.
13 (g) "Assistant Nursing Act Coordinator" means a
14 registered professional nurse appointed by the Director to
15 assist in carrying out the administrative policies of the
16 Department.
17 (h) "Registered" is the equivalent of "licensed".
18 (i) "Practical nurse" or "licensed practical nurse"
19 means a person who is licensed as a practical nurse under
20 this Act and practices practical nursing as defined in
21 paragraph (j) of this Section. Only a practical nurse
22 licensed under this Act is entitled to use the title
23 "licensed practical nurse" and the abbreviation "L.P.N.".
24 (j) "Practical nursing" means the performance of nursing
25 acts requiring the basic nursing knowledge, judgement, and
26 skill acquired by means of completion of an approved
27 practical nursing education program. Practical nursing
28 includes assisting in the nursing process as delegated by and
29 under the direction of a registered professional nurse. The
30 practical nurse may work under the direction of a licensed
31 physician, dentist, podiatrist, or other health care
32 professional determined by the Department.
33 (k) "Registered Nurse" or "Registered Professional
34 Nurse" means a person who is licensed as a professional nurse
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1 under this Act and practices nursing as defined in paragraph
2 (l) of this Section. Only a registered nurse licensed under
3 this Act is entitled to use the titles "registered nurse" and
4 "registered professional nurse" and the abbreviation, "R.N.".
5 (l) "Registered professional nursing practice" includes
6 all nursing specialities and means the performance of any
7 nursing act based upon professional knowledge, judgment, and
8 skills acquired by means of completion of an approved
9 registered professional nursing education program. A
10 registered professional nurse provides nursing care
11 emphasizing the importance of the whole and the
12 interdependence of its parts through the nursing process to
13 individuals, groups, families, or communities, that includes
14 but is not limited to: (1) the assessment of healthcare
15 needs, nursing diagnosis, planning, implementation, and
16 nursing evaluation; (2) the promotion, maintenance, and
17 restoration of health; (3) counseling, patient education,
18 health education, and patient advocacy; (4) the
19 administration of medications and treatments as prescribed by
20 a physician licensed to practice medicine in all of its
21 branches, a licensed dentist, a licensed podiatrist, or a
22 licensed optometrist or as prescribed by a physician
23 assistant in accordance with written guidelines required
24 under the Physician Assistant Practice Act of 1987 or by an
25 advanced practice registered nurse in accordance with a
26 written collaborative and interactive team agreement required
27 under the Nursing and Advanced Practice Nursing Act; (5) the
28 coordination and management of the nursing plan of care; (6)
29 the delegation to and supervision of individuals who assist
30 the registered professional nurse implementing the plan of
31 care; and (7) teaching and supervision of nursing students.
32 in The foregoing shall not be deemed to include those acts
33 of medical diagnosis or prescription of therapeutic or
34 corrective measures that are properly performed only by
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1 physicians licensed in the State of Illinois.
2 (m) "Current nursing practice update course" means a
3 planned nursing education curriculum approved by the
4 Department consisting of activities that have educational
5 objectives, instructional methods, content or subject matter,
6 clinical practice, and evaluation methods, related to basic
7 review and updating content and specifically planned for
8 those nurses previously licensed in the United States or its
9 territories and preparing for reentry into nursing practice.
10 (n) "Professional assistance program for nurses" means a
11 professional assistance program that meets criteria
12 established by the Board of Committee on Nursing and approved
13 by the Director, which provides a non-disciplinary treatment
14 approach for nurses licensed under this Act whose ability to
15 practice is compromised by alcohol or chemical substance
16 addiction.
17 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
18 revised 8-12-97.)
19 (225 ILCS 65/5-15, formerly 65/4)
20 Sec. 5-15. 4. Policy; application of Act. For the
21 protection of life and the promotion of health, and the
22 prevention of illness and communicable diseases, any person
23 practicing or offering to practice professional and practical
24 nursing in Illinois shall submit evidence that he or she is
25 qualified to practice, and shall be licensed as provided
26 under this Act. No person shall practice or offer to
27 practice professional or practical nursing in Illinois or use
28 any title, sign, card or device to indicate that such a
29 person is practicing professional or practical nursing unless
30 such person has been licensed under the provisions of this
31 Act.
32 This Act does not prohibit the following:
33 (a) The practice of nursing in Federal employment in the
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1 discharge of the employee's duties by a person who is
2 employed by the United States government or any bureau,
3 division or agency thereof and is a legally qualified and
4 licensed nurse of another state or territory and not in
5 conflict with Sections 10-5, 10-30, and 10-45 6, 12, and 25
6 of this Act.;
7 (b) Nursing that is included in their program of study
8 by students enrolled in programs of nursing or in current
9 nurse practice update courses approved by the Department.;
10 (c) The furnishing of nursing assistance in an
11 emergency.;
12 (d) The practice of nursing by a nurse who holds an
13 active license in another state when providing services to
14 patients in Illinois during a bonafide emergency or in
15 immediate preparation for or during interstate transit.;
16 (e) The incidental care of the sick by members of the
17 family, domestic servants or housekeepers, or care of the
18 sick where treatment is by prayer or spiritual means.;
19 (f) Persons from being employed as nursing aides,
20 attendants, orderlies, and other auxiliary workers in private
21 homes, long term care facilities, nurseries, hospitals or
22 other institutions.;
23 (g) The practice of practical nursing by one who has
24 applied in writing to the Department in form and substance
25 satisfactory to the Department, for a license as a licensed
26 practical nurse and who has complied with all the provisions
27 under Section 10-30 12, except the passing of an examination
28 to be eligible to receive such license, until: the decision
29 of the Department that the applicant has failed to pass the
30 next available examination authorized by the Department, or
31 has failed, without an approved excuse, to take the next
32 available examination authorized by the Department, or until
33 the withdrawal of the application, but not to exceed 3
34 months. No applicant for licensure practicing under the
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1 provisions of this paragraph shall practice practical nursing
2 except under the direct supervision of a registered
3 professional nurse licensed under this Act or a licensed
4 physician, dentist or podiatrist. In no instance shall any
5 such applicant practice or be employed in any supervisory
6 capacity.;
7 (h) The practice of practical nursing by one who is a
8 licensed practical nurse under the laws of another U.S.
9 jurisdiction and has applied in writing to the Department, in
10 form and substance satisfactory to the Department, for a
11 license as a licensed practical nurse and who is qualified to
12 receive such license under Section 10-30 12, until: (1) the
13 expiration of 6 months after the filing of such written
14 application, or (2) the withdrawal of such application, or
15 (3) the denial of such application by the Department.;
16 (i) The practice of professional nursing by one who has
17 applied in writing to the Department in form and substance
18 satisfactory to the Department for a license as a registered
19 professional nurse and has complied with all the provisions
20 under Section 10-30 12 except the passing of an examination
21 to be eligible to receive such license, until: the decision
22 of the Department that the applicant has failed to pass the
23 next available examination authorized by the Department, or
24 has failed, without an approved excuse, to take the next
25 available examination authorized by the Department or until
26 the withdrawal of the application, but not to exceed 3
27 months. No applicant for licensure practicing under the
28 provisions of this paragraph shall practice professional
29 nursing except under the direct supervision of a registered
30 professional nurse licensed under this Act. In no instance
31 shall any such applicant practice or be employed in any
32 supervisory capacity.;
33 (j) The practice of professional nursing by one who is a
34 registered professional nurse under the laws of another
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1 state, territory of the United States or country and 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 who is qualified to receive such
5 license under Section 10-30 12, until: (1) the expiration
6 of 6 months after the filing of such written application, or
7 (2) the withdrawal of such application, or (3) the denial of
8 such application by the Department.;
9 (k) The practice of professional nursing that is
10 included in a program of study by one who is a registered
11 professional nurse under the laws of another state or
12 territory of the United States or foreign country, territory
13 or province and who is enrolled in a graduate nursing
14 education program or a program for the completion of a
15 baccalaureate nursing degree in this State, which program
16 includes clinical supervision by faculty as determined by the
17 educational institution offering the program and the health
18 care organization where the practice of nursing occurs. The
19 educational institution will file with the Department each
20 academic term a list of the names and origin of license of
21 all professional nurses practicing nursing as part of their
22 programs under this provision.; or
23 (l) Any person licensed in this State under any other
24 Act from engaging in the practice for which she or he is
25 licensed.
26 An applicant for license practicing under the exceptions
27 set forth in subparagraphs (g), (h), (i), and (j) of this
28 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
29 Pend. respectively and no other.
30 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
31 revised 8-12-97.)
32 (225 ILCS 65/5-17, formerly 65/4.1)
33 Sec. 5-17. 4.1. Task Force. The Governor shall appoint
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1 a task force to be convened by the Illinois Department of
2 Professional Regulation to study the roles, responsibilities,
3 training, competency, and supervision of persons who are
4 employed to assist a nurse, including nursing aides,
5 attendants, orderlies, and other auxiliary workers in private
6 homes, long term care facilities, nurseries, hospitals, and
7 other institutions. The purpose of the task force shall be
8 to determine if there is a need for regulation of such
9 persons by the Department.
10 The task force shall be comprised of 11 members. The
11 task force shall include one representative from the
12 Department of Professional Regulation, one representative
13 from the Department of Public Health, and 9 persons
14 representing various nursing and health care provider
15 organizations in Illinois, including, but not limited to, a
16 representative from the Illinois Nurses Association, Illinois
17 Organization of Nurse Leaders, Illinois Hospital and Health
18 Systems Association, Illinois Health Care Association,
19 Illinois Coalition of Nursing Organizations, Life Services
20 Network, Licensed Practical Nursing Association of Illinois,
21 Certified Nurse Aide Educators, and Illinois Homecare
22 Council.
23 The task force shall report its findings and
24 recommendations to the Governor by January 1, 1999.
25 (Source: P.A. 90-248, eff. 1-1-98.)
26 (225 ILCS 65/5-22, formerly 65/4.2)
27 Sec. 5-22. 4.2. Social Security Number on license
28 application. In addition to any other information required
29 to be contained in the application, every application for an
30 original, renewal, or restored license under this Act shall
31 include the applicant's Social Security Number.
32 (Source: P.A. 90-144, eff. 7-23-97.)
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1 (225 ILCS 65/5-20, formerly 65/4.5)
2 Sec. 5-20. 4.5. Unlicensed practice; violation; civil
3 penalty.
4 (a) Any person who practices, offers to practice,
5 attempts to practice, or holds oneself out to practice
6 nursing without being licensed under this Act shall, in
7 addition to any other penalty provided by law, pay a civil
8 penalty to the Department in an amount not to exceed $5,000
9 for each offense as determined by the Department. The civil
10 penalty shall be assessed by the Department after a hearing
11 is held in accordance with the provisions set forth in this
12 Act regarding the provision of a hearing for the discipline
13 of a licensee.
14 (b) The Department has the authority and power to
15 investigate any and all unlicensed activity.
16 (c) The civil penalty shall be paid within 60 days after
17 the effective date of the order imposing the civil penalty.
18 The order shall constitute a judgment and may be filed and
19 execution had thereon in the same manner as any judgment from
20 any court of record.
21 (Source: P.A. 89-474, eff. 6-18-96.)
22 (225 ILCS 65/5-25, formerly 65/5)
23 Sec. 5-25. 5. Emergency care; civil liability.
24 Exemption from civil liability for emergency care is as
25 provided in the Good Samaritan Act.
26 (Source: P.A. 89-607, eff. 1-1-97.)
27 (225 ILCS 65/5-30, formerly 65/5.1)
28 Sec. 5-30. 5.1. Services rendered without compensation;
29 civil liability. Exemption from civil liability for services
30 rendered without compensation is as provided in the Good
31 Samaritan Act.
32 (Source: P.A. 89-607, eff. 1-1-97.)
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1 (225 ILCS 65/Title 10 heading new)
2 TITLE 10. REGISTERED NURSES
3 AND LICENSED PRACTICAL NURSES
4 (225 ILCS 65/10-5, formerly 65/6)
5 Sec. 10-5. Prohibited acts. 6. No person shall:
6 (a) Practice professional nursing without a valid
7 license as a registered professional nurse except as provided
8 in paragraphs (i) and (j) of Section 5-15 4 of this Act;
9 (b) Practice practical nursing without a valid license
10 as a licensed practical nurse; or practice practical nursing
11 other than under the direction of a licensed physician,
12 licensed dentist, or registered professional nurse; except as
13 provided in paragraphs (g), (h), and (j) of Section 5-15 4 of
14 this Act;
15 (c) Practice nursing under cover of any diploma,
16 license, or record illegally or fraudulently obtained or
17 signed or issued unlawfully or under fraudulent
18 representation;
19 (d) Practice nursing during the time her or his license
20 is suspended, revoked, expired or on inactive status;
21 (e) Use any words, abbreviations, figures, letters,
22 title, sign, card, or device tending to imply that she or he
23 is a registered professional nurse, including the titles or
24 initials, "Registered Nurse," "Professional Nurse,"
25 "Registered Professional Nurse," "Certified Nurse," "Trained
26 Nurse," "Graduate Nurse," "P.N.," or "R.N.," or "R.P.N." or
27 similar titles or initials with intention of indicating
28 practice without a valid license as a registered professional
29 nurse;
30 (f) Use any words, abbreviations figures, letters,
31 title, sign, card, or device tending to imply that she or he
32 is a licensed practical nurse including the titles or
33 initials "Practical Nurse," "Licensed Practical Nurse,"
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1 "P.N.," or "L.P.N.," or similar titles or initials with
2 intention of indicated practice as a licensed practical nurse
3 without a valid license as a licensed practical nurse under
4 this Act;
5 (g) Obtain or furnish a license by or for money or any
6 other thing of value other than the fees required by Section
7 20-35 23, or by any fraudulent representation or act;
8 (h) Make any wilfully false oath or affirmation required
9 by this Act;
10 (i) Conduct a nursing education program preparing
11 persons for licensure that has not been approved by the
12 Department;
13 (j) Represent that any school or course is approved or
14 accredited as a school or course for the education of
15 registered professional nurses or licensed practical nurses
16 unless such school or course is approved by the Department
17 under the provisions of this Act;
18 (k) Attempt or offer to do any of the acts enumerated in
19 this Section, or knowingly aid, abet, assist in the doing of
20 any such acts or in the attempt or offer to do any of such
21 acts;
22 (l) Seek employment as a registered professional nurse
23 under the terms of paragraphs (i) and (j) of Section 5-15 4
24 of this Act without possessing a written authorization which
25 has been issued by the Department or designated testing
26 service and which evidences the filing of the written
27 application referred to in paragraphs paragraph (i) and (j)
28 of Section 5-15 4 of this Act;
29 (m) Seek employment as a licensed practical nurse under
30 the terms of paragraphs (g) and (h) of Section 5-15 4 of this
31 Act without possessing a written authorization which has been
32 issued by the Department or designated testing service and
33 which evidences the filing of the written application
34 referred to in paragraphs paragraph (g) and (h) of Section
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1 5-15 4 of this Act;
2 (n) Employ or utilize persons not licensed under this
3 Act to practice professional nursing or practical nursing;
4 and
5 (o) Otherwise intentionally violate any provision of
6 this Act.
7 Any person, including a firm, association or corporation
8 who violates any provision of this Section shall be guilty of
9 a Class A misdemeanor.
10 (Source: P.A. 85-981.)
11 (225 ILCS 65/10-10 new)
12 Sec. 10-10. Department powers and duties.
13 (a) The Department shall exercise the powers and duties
14 prescribed by the Civil Administrative Code of Illinois for
15 administration of licensing acts and shall exercise other
16 powers and duties necessary for effectuating the purpose of
17 this Act. None of the functions, powers, or duties of the
18 Department with respect to licensure and examination shall be
19 exercised by the Department except upon review by the Board.
20 The Department shall adopt rules to implement, interpret, or
21 make specific the provisions and purposes of this Act;
22 however no such rules shall be adopted by the Department
23 except upon review by the Board.
24 (b) The Department shall:
25 (1) prepare and maintain a list of approved
26 programs of professional nursing education and programs
27 of practical nursing education in this State, whose
28 graduates, if they have the other necessary
29 qualifications provided in this Act, shall be eligible to
30 apply for a license to practice nursing in this State;
31 (2) promulgate rules defining what constitutes an
32 approved program of professional nursing education and
33 what constitutes an approved program of practical nursing
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1 education; and
2 (3) adopt rules for examination of candidates for
3 licenses and for issuance of licenses authorizing
4 candidates upon passing an examination to practice under
5 this Act.
6 (225 ILCS 65/10-15 new)
7 Sec. 10-15. Nursing Act Coordinator. The Department
8 shall obtain, pursuant to the Personnel Code, a Nursing Act
9 Coordinator and assistants. The Nursing Coordinator and
10 assistants shall be professional nurses licensed in this
11 State and graduated from approved schools of nursing and each
12 shall have been actively engaged in nursing education not
13 less than one year prior to appointment. The Nursing Act
14 Coordinator shall hold at least a master's degree in nursing
15 from an approved college or university and shall have at
16 least 5 years experience since graduation in progressively
17 responsible positions in nursing education. Each assistant
18 shall hold at least a master's degree in nursing from an
19 approved college or university and shall have at least 3
20 years experience since graduation in progressively
21 responsible positions in nursing education. The Nursing Act
22 Coordinator and assistants shall perform such administrative
23 functions as may be delegated to them by the Director.
24 (225 ILCS 65/10-25, formerly 65/7)
25 Sec. 10-25. 7. Board.
26 (a) The Director shall appoint the Board of Nursing
27 which shall be composed of 9 registered professional nurses,
28 2 licensed practical nurses and one public member who shall
29 also be a voting member and who is not a licensed health care
30 provider. Two registered nurses shall hold at least a
31 master's degree in nursing and be educators in professional
32 nursing programs, one representing baccalaureate nursing
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1 education, one representing associate degree nursing
2 education; one registered nurse shall hold at least a
3 bachelor's degree with a major in nursing and be an educator
4 in a licensed practical nursing program; one registered nurse
5 shall hold a master's degree in nursing and shall represent
6 nursing service administration; 2 registered nurses shall
7 represent clinical nursing practice, one of whom shall have
8 at least a master's degree in nursing; and 2 registered
9 nurses shall represent advanced specialty practice. Each of
10 the 11 nurses shall have had a minimum of 5 years experience
11 in nursing, 3 of which shall be in the area they represent on
12 the Board and be actively engaged in the area of nursing they
13 represent at the time of appointment and during their tenure
14 on the Board. Members shall be appointed for a term of 3
15 years. No member shall be eligible for appointment to more
16 than 2 consecutive terms and any appointment to fill a
17 vacancy shall be for the unexpired portion of the term. In
18 making Board appointments, the Director shall give
19 consideration to recommendations submitted by nursing
20 organizations. Consideration shall be given to equal
21 geographic representation. The Board shall receive actual
22 and necessary expenses incurred in the performance of their
23 duties.
24 In making the initial appointments, the Director shall
25 appoint all new members for terms of 2, 3, and 4 years and
26 such terms shall be staggered as follows: 3 shall be
27 appointed for terms of 2 years; 3 shall be appointed for
28 terms of 3 years; and 3 shall be appointed for terms of 4
29 years.
30 The Director may remove any member of the Board for
31 misconduct, incapacity, or neglect of duty. The Director
32 shall reduce to writing any causes for removal.
33 The Board shall meet annually to elect a chairperson and
34 vice chairperson. The Board may hold such other meetings
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1 during the year as may be necessary to conduct its business.
2 Six voting members of the Board shall constitute a quorum at
3 any meeting. Any action taken by the Board must be on the
4 affirmative vote of 6 members. Voting by proxy shall not be
5 permitted.
6 The Board shall submit an annual report to the Director.
7 The members of the Board shall be immune from suit in any
8 action based upon any disciplinary proceedings or other acts
9 performed in good faith as members of the Board.
10 (b) The Board is authorized to:
11 (1) recommend the adoption and, from time to time,
12 the revision of such rules that may be necessary to carry
13 out the provisions of this Act;
14 (2) conduct hearings and disciplinary conferences
15 upon charges calling for discipline of a licensee as
16 provided in Section 10-45 25;
17 (3) report to the Department, upon completion of a
18 hearing, the disciplinary actions recommended to be taken
19 against persons violating this Act;
20 (4) recommend the approval, denial of approval,
21 withdrawal of approval, or discipline of nursing
22 education programs;
23 (5) participate in a national organization of state
24 boards of nursing; and
25 (6) recommend a list of the registered nurses to
26 serve as Nursing Act Coordinator and Assistant Nursing
27 Act Coordinator, respectively.
28 (Source: P.A. 90-61, eff. 12-30-97.)
29 (225 ILCS 65/10-30, formerly 65/12)
30 Sec. 10-30. 12. Qualifications for licensure.
31 (a) Each applicant who successfully meets the
32 requirements of this Section shall be entitled to licensure
33 as a Registered Nurse or Licensed Practical Nurse, whichever
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1 is applicable.
2 (b) An applicant for licensure by examination to
3 practice as a registered nurse or licensed practical nurse
4 shall:
5 (1) submit a completed written application, on
6 forms provided by the Department and fees as established
7 by the Department;
8 (2) for registered nurse licensure, have completed
9 an approved professional nursing education program of not
10 less than 2 academic years and have graduated from the
11 program; for licensed practical nurse licensure, have
12 completed an approved practical nursing education program
13 of not less than one academic year and have graduated
14 from the program;
15 (3) have not violated the provisions of Section
16 10-45 25 of this Act. The Department may take into
17 consideration any felony conviction of the applicant, but
18 such a conviction shall not operate as an absolute bar to
19 licensure;
20 (4) meet all other requirements as established by
21 rule;
22 (5) pay, either to the Department or its designated
23 testing service, a fee covering the cost of providing the
24 examination. Failure to appear for the examination on the
25 scheduled date at the time and place specified after the
26 applicant's application for examination has been received
27 and acknowledged by the Department or the designated
28 testing service shall result in the forfeiture of the
29 examination fee.
30 If an applicant neglects, fails, or refuses to take an
31 examination or fails to pass an examination for a license
32 under this Act within 3 years after filing the application,
33 the application shall be denied. However, the applicant may
34 make a new application accompanied by the required fee and
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1 provide evidence of meeting the requirements in force at the
2 time of the new application.
3 An applicant shall have one year from the date of
4 notification of successful completion of the examination to
5 apply to the Department for a license. If an applicant fails
6 to apply within one year, the applicant shall be required to
7 again take and pass the examination unless licensed in
8 another jurisdiction of the United States within 2 years of
9 passing the examination.
10 (c) An applicant for licensure who is a registered
11 professional nurse or a licensed practical nurse licensed by
12 examination under the laws of another state or territory of
13 the United States shall:
14 (1) submit a completed written application, on
15 forms supplied by the Department, and fees as established
16 by the Department;
17 (2) for registered nurse licensure, have completed
18 an approved professional nursing education program of not
19 less than 2 academic years and have graduated from the
20 program; for licensed practical nurse licensure, have
21 completed an approved practical nursing education program
22 of not less than one academic year and have graduated
23 from the program;
24 (3) submit verification of licensure status
25 directly from the United States jurisdiction of
26 licensure;
27 (4) have passed the examination authorized by the
28 Department;
29 (5) meet all other requirements as established by
30 rule.
31 (d) All applicants for licensure pursuant to this
32 Section who are graduates of nursing educational programs in
33 a country other than the United States or its territories
34 must submit to the Department certification of successful
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1 completion of the Commission of Graduates of Foreign Nursing
2 Schools (CGFNS) examination. An applicant, who is unable to
3 provide appropriate documentation to satisfy CGFNS of her or
4 his educational qualifications for the CGFNS examination,
5 shall be required to pass an examination to test competency
6 in the English language which shall be prescribed by the
7 Department, if the applicant is determined by the Board to be
8 educationally prepared in nursing. The Board shall make
9 appropriate inquiry into the reasons for any adverse
10 determination by CGFNS before making its own decision.
11 An applicant licensed in another state or territory who
12 is applying for licensure and has received her or his
13 education in a country other than the United States or its
14 territories shall be exempt from the completion of the
15 Commission of Graduates of Foreign Nursing Schools (CGFNS)
16 examination if the applicant meets all of the following
17 requirements:
18 (1) successful passage of the licensure examination
19 authorized by the Department;
20 (2) holds an active, unencumbered license in
21 another state; and
22 (3) has been actively practicing for a minimum of 2
23 years in another state.
24 (e) No applicant shall be issued a license as a
25 registered nurse or practical nurse under this Section unless
26 he or she has passed the examination authorized by the
27 Department within 3 years of completion and graduation from
28 an approved nursing education program, unless such applicant
29 submits proof of successful completion of a
30 Department-authorized remedial nursing education program or
31 recompletion of an approved registered nursing program or
32 licensed practical nursing program, as appropriate.
33 (f) Pending the issuance of a license under subsection
34 (b) of this Section, the Department may grant an applicant a
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1 temporary license to practice nursing as a registered nurse
2 or as a licensed practical nurse if the Department is
3 satisfied that the applicant holds an active, unencumbered
4 license in good standing in another jurisdiction. If the
5 applicant holds more than one current active license, or one
6 or more active temporary licenses from other jurisdictions,
7 the Department shall not issue a temporary license until it
8 is satisfied that each current active license held by the
9 applicant is unencumbered. The temporary license, which
10 shall be issued no later than 14 working days following
11 receipt by the Department of an application for the temporary
12 license, shall be granted upon the submission of the
13 following to the Department:
14 (1) a signed and completed application for
15 licensure under subsection (a) of this Section as a
16 registered nurse or a licensed practical nurse;
17 (2) proof of a current, active license in at least
18 one other jurisdiction and proof that each current active
19 license or temporary license held by the applicant is
20 unencumbered;
21 (3) a signed and completed application for a
22 temporary license; and
23 (4) the required permit fee.
24 (g) The Department may refuse to issue an applicant a
25 temporary license authorized pursuant to this Section if,
26 within 14 working days following its receipt of an
27 application for a temporary license, the Department
28 determines that:
29 (1) the applicant has been convicted of a crime
30 under the laws of a jurisdiction of the United States:
31 (i) which is a felony; or (ii) which is a misdemeanor
32 directly related to the practice of the profession,
33 within the last 5 years;
34 (2) within the last 5 years the applicant has had a
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1 license or permit related to the practice of nursing
2 revoked, suspended, or placed on probation by another
3 jurisdiction, if at least one of the grounds for
4 revoking, suspending, or placing on probation is the same
5 or substantially equivalent to grounds in Illinois; or
6 (3) it intends to deny licensure by endorsement.
7 For purposes of this Section, an "unencumbered license"
8 means a license against which no disciplinary action has been
9 taken or is pending and for which all fees and charges are
10 paid and current.
11 (h) The Department may revoke a temporary license issued
12 pursuant to this Section if:
13 (1) it determines that the applicant has been
14 convicted of a crime under the law of any jurisdiction of
15 the United States that is (i) a felony or (ii) a
16 misdemeanor directly related to the practice of the
17 profession, within the last 5 years;
18 (2) it determines that within the last 5 years the
19 applicant has had a license or permit related to the
20 practice of nursing revoked, suspended, or placed on
21 probation by another jurisdiction, if at least one of the
22 grounds for revoking, suspending, or placing on probation
23 is the same or substantially equivalent to grounds in
24 Illinois; or
25 (3) it determines that it intends to deny licensure
26 by endorsement.
27 A temporary license or renewed temporary license shall
28 expire (i) upon issuance of an Illinois license or (ii) upon
29 notification that the Department intends to deny licensure by
30 endorsement. A temporary license shall expire 6 months from
31 the date of issuance. Further renewal may be granted by the
32 Department in hardship cases, as defined by rule. However, a
33 temporary license shall automatically expire upon issuance of
34 the Illinois license or upon notification that the Department
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1 intends to deny licensure, whichever occurs first. No
2 extensions shall be granted beyond the 6-month period unless
3 approved by the Director. Notification by the Department
4 under this Section shall be by certified or registered mail.
5 (Source: P.A. 90-61, eff. 12-30-97.)
6 (225 ILCS 65/10-35, formerly 65/14)
7 Sec. 10-35. 14. Concurrent theory and clinical practice
8 education requirements. Except for those applicants who have
9 received advanced graduate degrees in nursing from an
10 approved program with concurrent theory and clinical
11 practice, the educational requirements of Section 10-30 12
12 relating to registered professional nursing and licensed
13 practical nursing shall not be deemed to have been satisfied
14 by the completion of any correspondence course or any program
15 of nursing that does not require coordinated or concurrent
16 theory and clinical practice.
17 (Source: P.A. 90-61, eff. 12-30-97.)
18 (225 ILCS 65/10-40 new)
19 Sec. 10-40. Endorsement. Upon payment of the required
20 fee, an applicant who is a registered professional nurse or a
21 licensed practical nurse educated and licensed under the laws
22 of a foreign country, territory or province shall write and
23 pass an examination conducted by the Department to determine
24 her or his fitness for licensure as a registered professional
25 nurse or a licensed practical nurse:
26 (a) whenever the requirements of such country, territory
27 or province were at the date of license substantially equal
28 to the requirements then in force in this State; and with
29 respect to practical nursing, if prior to the enactment of
30 this Act, substantially equal to the requirements of this Act
31 at the time of its enactment; or
32 (b) whenever such requirements of another country,
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1 territory or province together with educational and
2 professional qualifications, as distinguished from practical
3 experience, of the applicant since obtaining a license as a
4 registered professional nurse or a licensed practical nurse
5 in such country, territory or province are substantially
6 equal to the requirements in force in Illinois at the time of
7 application for licensure as a registered nurse or a licensed
8 practical nurse in Illinois;
9 The examination shall be the same as that required of
10 other applicants for licensure by examination.
11 Applicants have 3 years from the date of application to
12 complete the application process. If the process has not
13 been completed in 3 years, the application shall be denied,
14 the fee forfeited and the applicant must reapply and meet the
15 requirements in effect at the time of reapplication.
16 (225 ILCS 65/10-45 new)
17 Sec. 10-45. Grounds for disciplinary action.
18 (a) The Department may, upon recommendation of the
19 Board, refuse to issue or to renew, or may revoke, suspend,
20 place on probation, reprimand, or take other disciplinary
21 action as the Department may deem appropriate with regard to
22 a license for any one or combination of the causes set forth
23 in subsection (b) below. Fines up to $2,500 may be imposed
24 in conjunction with other forms of disciplinary action for
25 those violations that result in monetary gain for the
26 licensee. Fines shall not be the exclusive disposition of any
27 disciplinary action arising out of conduct resulting in death
28 or injury to a patient. Fines shall not be assessed in
29 disciplinary actions involving mental or physical illness or
30 impairment. All fines collected under this Section shall be
31 deposited in the Nursing Dedicated and Professional Fund.
32 (b) Grounds for disciplinary action include the
33 following:
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1 (1) Material deception in furnishing information to
2 the Department.
3 (2) Material violations of any provision of this
4 Act or violation of the rules of or final administrative
5 action of the Director, after consideration of the
6 recommendation of the Board.
7 (3) Conviction of any crime under the laws of any
8 jurisdiction of the United States: (i) which is a felony;
9 or (ii) which is a misdemeanor, an essential element of
10 which is dishonesty, or (iii) of any crime which is
11 directly related to the practice of the profession.
12 (4) A pattern of practice or other behavior which
13 demonstrates incapacity or incompetency to practice under
14 this Act.
15 (5) Knowingly aiding or assisting another person in
16 violating any provision of this Act or rules.
17 (6) Failing, within 90 days, to provide a response
18 to a request for information in response to a written
19 request made by the Department by certified mail.
20 (7) Engaging in dishonorable, unethical or
21 unprofessional conduct of a character likely to deceive,
22 defraud or harm the public, as defined by rule.
23 (8) Unlawful sale or distribution of any drug,
24 narcotic, or prescription device, or unlawful conversion
25 of any drug, narcotic or prescription device.
26 (9) Habitual or excessive use or addiction to
27 alcohol, narcotics, stimulants, or any other chemical
28 agent or drug which results in a licensee's inability to
29 practice with reasonable judgment, skill or safety.
30 (10) Discipline by another U.S. jurisdiction or
31 foreign nation, if at least one of the grounds for the
32 discipline is the same or substantially equivalent to
33 those set forth in this Section.
34 (11) A finding that the licensee, after having her
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1 or his license placed on probationary status, has
2 violated the terms of probation.
3 (12) Being named as a perpetrator in an indicated
4 report by the Department of Children and Family Services
5 and under the Abused and Neglected Child Reporting Act,
6 and upon proof by clear and convincing evidence that the
7 licensee has caused a child to be an abused child or
8 neglected child as defined in the Abused and Neglected
9 Child Reporting Act.
10 (13) Willful omission to file or record, or
11 willfully impeding the filing or recording or inducing
12 another person to omit to file or record medical reports
13 as required by law or willfully failing to report an
14 instance of suspected child abuse or neglect as required
15 by the Abused and Neglected Child Reporting Act.
16 (14) Gross negligence in the practice of nursing.
17 (15) Holding oneself out to be practicing nursing
18 under any name other than one's own.
19 (16) Fraud, deceit or misrepresentation in applying
20 for or procuring a license under this Act or in
21 connection with applying for renewal of a license under
22 this Act.
23 (17) Allowing another person or organization to use
24 the licensees' license to deceive the public.
25 (18) Willfully making or filing false records or
26 reports in the licensee's practice, including but not
27 limited to false records to support claims against the
28 medical assistance program of the Department of Public
29 Aid under the Illinois Public Aid Code.
30 (19) Attempting to subvert or cheat on a nurse
31 licensing examination administered under this Act.
32 (20) Immoral conduct in the commission of an act,
33 such as sexual abuse, sexual misconduct, or sexual
34 exploitation, related to the licensee's practice.
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1 (21) Willfully or negligently violating the
2 confidentiality between nurse and patient except as
3 required by law.
4 (22) Practicing under a false or assumed name,
5 except as provided by law.
6 (23) The use of any false, fraudulent, or deceptive
7 statement in any document connected with the licensee's
8 practice.
9 (24) Directly or indirectly giving to or receiving
10 from a person, firm, corporation, partnership, or
11 association a fee, commission, rebate, or other form of
12 compensation for professional services not actually or
13 personally rendered.
14 (25) Failure of a licensee to report to the
15 Department any adverse final action taken against such
16 licensee by another licensing jurisdiction (any other
17 jurisdiction of the United States or any foreign state or
18 country), by any peer review body, by any health care
19 institution, by any professional or nursing society or
20 association, by any governmental agency, by any law
21 enforcement agency, or by any court or a nursing
22 liability claim related to acts or conduct similar to
23 acts or conduct that would constitute grounds for action
24 as defined in this Section.
25 (26) Failure of a licensee to report to the
26 Department surrender by the licensee of a license or
27 authorization to practice nursing in another state or
28 jurisdiction, or current surrender by the licensee of
29 membership on any nursing staff or in any nursing or
30 professional association or society while under
31 disciplinary investigation by any of those authorities or
32 bodies for acts or conduct similar to acts or conduct
33 that would constitute grounds for action as defined by
34 this Section.
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1 (27) A violation of the Health Care Worker
2 Self-Referral Act.
3 (28) Physical illness, including but not limited to
4 deterioration through the aging process or loss of motor
5 skill, mental illness, or disability that results in the
6 inability to practice the profession with reasonable
7 judgment, skill, or safety.
8 (c) The determination by a circuit court that a licensee
9 is subject to involuntary admission or judicial admission as
10 provided in the Mental Health and Developmental Disabilities
11 Code, as amended, operates as an automatic suspension. The
12 suspension will end only upon a finding by a court that the
13 patient is no longer subject to involuntary admission or
14 judicial admission and issues an order so finding and
15 discharging the patient; and upon the recommendation of the
16 Board to the Director that the licensee be allowed to resume
17 his or her practice.
18 (d) The Department may refuse to issue or may suspend
19 the license of any person who fails to file a return, or to
20 pay the tax, penalty or interest shown in a filed return, or
21 to pay any final assessment of the tax, penalty, or interest
22 as required by any tax Act administered by the Illinois
23 Department of Revenue, until such time as the requirements of
24 any such tax Act are satisfied.
25 (e) In enforcing this Section, the Department or Board
26 upon a showing of a possible violation may compel an
27 individual licensed to practice under this Act, or who has
28 applied for licensure under this Act, to submit to a mental
29 or physical examination, or both, as required by and at the
30 expense of the Department. The Department or Board may order
31 the examining physician to present testimony concerning the
32 mental or physical examination of the licensee or applicant.
33 No information shall be excluded by reason of any common law
34 or statutory privilege relating to communications between the
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1 licensee or applicant and the examining physician. The
2 examining physicians shall be specifically designated by the
3 Board or Department. The individual to be examined may have,
4 at his or her own expense, another physician of his or her
5 choice present during all aspects of this examination.
6 Failure of an individual to submit to a mental or physical
7 examination, when directed, shall be grounds for suspension
8 of his or her license until the individual submits to the
9 examination if the Department finds, after notice and
10 hearing, that the refusal to submit to the examination was
11 without reasonable cause.
12 If the Department or Board finds an individual unable to
13 practice because of the reasons set forth in this Section,
14 the Department or Board may require that individual to submit
15 to care, counseling, or treatment by physicians approved or
16 designated by the Department or Board, as a condition, term,
17 or restriction for continued, reinstated, or renewed
18 licensure to practice; or, in lieu of care, counseling, or
19 treatment, the Department may file, or the Board may
20 recommend to the Department to file, a complaint to
21 immediately suspend, revoke, or otherwise discipline the
22 license of the individual. An individual whose license was
23 granted, continued, reinstated, renewed, disciplined or
24 supervised subject to such terms, conditions, or
25 restrictions, and who fails to comply with such terms,
26 conditions, or restrictions, shall be referred to the
27 Director for a determination as to whether the individual
28 shall have his or her license suspended immediately, pending
29 a hearing by the Department.
30 In instances in which the Director immediately suspends a
31 person's license under this Section, a hearing on that
32 person's license must be convened by the Department within 15
33 days after the suspension and completed without appreciable
34 delay. The Department and Board shall have the authority to
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1 review the subject individual's record of treatment and
2 counseling regarding the impairment to the extent permitted
3 by applicable federal statutes and regulations safeguarding
4 the confidentiality of medical records.
5 An individual licensed under this Act and affected under
6 this Section shall be afforded an opportunity to demonstrate
7 to the Department or Board that he or she can resume practice
8 in compliance with acceptable and prevailing standards under
9 the provisions of his or her license.
10 (225 ILCS 65/10-50 new)
11 Sec. 10-50. Intoxication and drug abuse.
12 (a) A professional assistance program for nurses shall
13 be established by January 1, 1999.
14 (b) The Director shall appoint a task force to advise in
15 the creation of the assistance program. The task force shall
16 include members of the Department and professional nurses,
17 and shall report its findings and recommendations to the
18 Committee on Nursing.
19 (c) Any registered professional nurse who is an
20 administrator or officer in any hospital, nursing home, other
21 health care agency or facility, or nurse agency and has
22 knowledge of any action or condition which reasonably
23 indicates to her or him that a registered professional nurse
24 or licensed practical nurse employed by or practicing nursing
25 in such hospital, nursing home, other health care agency or
26 facility, or nurse agency is habitually intoxicated or
27 addicted to the use of habit-forming drugs to the extent that
28 such intoxication or addiction adversely affects such nurses'
29 professional performance, or unlawfully possesses, uses,
30 distributes or converts habit-forming drugs belonging to the
31 hospital, nursing home or other health care agency or
32 facility for such nurses' own use, shall promptly file a
33 written report thereof to the Department; provided however,
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1 an administrator or officer need not file the report if the
2 nurse participates in a course of remedial professional
3 counseling or medical treatment for substance abuse, as long
4 as such nurse actively pursues such treatment under
5 monitoring by the administrator or officer or by the
6 hospital, nursing home, health care agency or facility, or
7 nurse agency and the nurse continues to be employed by such
8 hospital, nursing home, health care agency or facility, or
9 nurse agency. The Department shall review all reports
10 received by it in a timely manner. Its initial review shall
11 be completed no later than 60 days after receipt of the
12 report. Within this 60 day period, the Department shall, in
13 writing, make a determination as to whether there are
14 sufficient facts to warrant further investigation or action.
15 Should the Department find insufficient facts to warrant
16 further investigation, or action, the report shall be
17 accepted for filing and the matter shall be deemed closed and
18 so reported.
19 Should the Department find sufficient facts to warrant
20 further investigation, such investigation shall be completed
21 within 60 days of the date of the determination of sufficient
22 facts to warrant further investigation or action. Final
23 action shall be determined no later than 30 days after the
24 completion of the investigation. If there is a finding which
25 verifies habitual intoxication or drug addiction which
26 adversely affects professional performance or the unlawful
27 possession, use, distribution or conversion of habit-forming
28 drugs by the reported nurse, the Department may refuse to
29 issue or renew or may suspend or revoke that nurse's license
30 as a registered professional nurse or a licensed practical
31 nurse.
32 Any of the aforementioned actions or a determination that
33 there are insufficient facts to warrant further investigation
34 or action shall be considered a final action. The nurse
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1 administrator or officer who filed the original report or
2 complaint, and the nurse who is the subject of the report,
3 shall be notified in writing by the Department within 15 days
4 of any final action taken by the Department.
5 Each year on March 1, commencing with the effective date
6 of this Act, the Department shall submit a report to the
7 General Assembly. The report shall include the number of
8 reports made under this Section to the Department during the
9 previous year, the number of reports reviewed and found
10 insufficient to warrant further investigation, the number of
11 reports not completed and the reasons for incompletion. This
12 report shall be made available also to nurses requesting the
13 report.
14 Any person making a report under this Section or in good
15 faith assisting another person in making such a report shall
16 have immunity from any liability, either criminal or civil,
17 that might result by reason of such action. For the purpose
18 of any legal proceeding, criminal or civil, there shall be a
19 rebuttable presumption that any person making a report under
20 his Section or assisting another person in making such report
21 was acting in good faith. All such reports and any
22 information disclosed to or collected by the Department
23 pursuant to this Section shall remain confidential records of
24 the Department and shall not be disclosed nor be subject to
25 any law or regulation of this State relating to freedom of
26 information or public disclosure of records.
27 (225 ILCS 65/Title 15 heading new)
28 TITLE 15. ADVANCED PRACTICE
29 REGISTERED NURSES
30 (225 ILCS 65/15-5 new)
31 Sec. 15-5. Definitions. As used in this Title:
32 "APRN Board" means the Advanced Practice Registered Nurse
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1 Board.
2 "Advanced practice registered nurse" or "APRN" means a
3 person who: (1) is licensed as a registered professional
4 nurse under this Act; (2) meets the requirements for
5 licensure as an advanced practice registered nurse under
6 Section 15-10; (3) has a collaborative and interactive team
7 agreement with a collaborating physician in the diagnosis of
8 illness and management of wellness and other conditions as
9 appropriate to the level and area of his or her practice; and
10 (4) cares for patients (A) by using advanced diagnostic
11 skills, the results of diagnostic tests and procedures
12 ordered by the advanced practice registered nurse, a
13 physician assistant, a dentist, a podiatrist, or a physician,
14 and professional judgment to initiate and coordinate the care
15 of patients; (B) by ordering diagnostic tests, prescribing
16 medications and drugs in accordance with Section 15-20, and
17 dispensing and administering medications and drugs; (C) by
18 using medical, therapeutic, and corrective measures to treat
19 illness and improve health status; and (D) by providing
20 preventive care in accordance with a written collaborative
21 and interactive team agreement between the collaborating
22 physician and advanced practice registered nurse required
23 under Section 15-15.
24 "Advanced practice registered nurse" means a certified
25 nurse midwife (CNM), certified nurse practitioner (CNP),
26 certified registered nurse anesthetist (CRNA), or certified
27 clinical nurse specialist (CNS).
28 "Collaborating physician" means a physician who works
29 with an advanced practice registered nurse and provides
30 medical direction as documented in a written collaborative
31 and interactive team agreement required under Section 15-15.
32 "Licensed hospital" means a hospital licensed under the
33 Hospital Licensing Act or organized under the University of
34 Illinois Hospital Act.
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1 "Physician" means a person licensed to practice medicine
2 in all its branches under the Medical Practice Act of 1987.
3 (225 ILCS 65/15-10 new)
4 Sec. 15-10. Advanced practice registered nurse;
5 qualifications; roster.
6 (a) A person shall be qualified for licensure as an
7 advanced practice registered nurse if that person:
8 (1) has applied in writing in form and substance
9 satisfactory to the Department and has not violated a
10 provision of this Act or the rules adopted under this
11 Act. The Department may take into consideration any
12 felony conviction of the applicant but a conviction shall
13 not operate as an absolute bar to licensure;
14 (2) holds a current license to practice as a
15 registered nurse in Illinois;
16 (3) has successfully completed requirements to
17 practice as, and holds a current, national certification
18 as, a nurse midwife, clinical nurse specialist,
19 registered nurse practitioner, or certified registered
20 nurse anesthetist from the appropriate national
21 accreditation body as determined by rule of the
22 Department;
23 (4) has paid the required fees as set by rule; and
24 (5) has successfully completed a post-basic
25 advanced practice formal education program in the area of
26 his or her nursing specialty.
27 (b) In addition to meeting the requirements of
28 subsection (a), except item (5) of that subsection, beginning
29 July 1, 2000, new applicants shall have a graduate degree in
30 an advanced practice nursing specialty.
31 (c) The Department shall provide by rule for APRN
32 licensure of registered professional nurses who (1) apply for
33 licensure before July 1, 2000 and (2) submit evidence of
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1 completion of a program described in item (5) of subsection
2 (a) or in subsection (b) and evidence of practice for at
3 least 10 years as a certified nurse midwife, certified nurse
4 practitioner, certified registered nurse anesthetist, or
5 certified clinical nurse specialist.
6 (d) The Department shall maintain a separate roster of
7 advanced practice registered nurses licensed under this Title
8 and their licenses shall indicate "Registered Nurse/Advanced
9 Practice Registered Nurse".
10 (225 ILCS 65/15-15 new)
11 Sec. 15-15. Written collaborative and interactive team
12 agreements.
13 (a) No person shall engage in the practice of advanced
14 practice registered nursing except when licensed under this
15 Title and pursuant to a written collaborative and interactive
16 team agreement with a collaborating physician.
17 (b) A written collaborative and interactive team
18 agreement shall explain the team working relationship of the
19 advanced practice registered nurse with the collaborating
20 physician and shall authorize and detail the categories of
21 care, treatment, or procedures to be performed by the
22 advanced practice registered nurse. Collaboration does not
23 require an employment relationship between the collaborating
24 physician and advanced practice registered nurse.
25 Collaboration and interaction means the relationship under
26 which an advanced practice registered nurse works with a
27 collaborating physician to deliver health care services in
28 accordance with (i) the advanced practice registered nurse's
29 training, education, and experience and (ii) medical
30 direction as documented in a jointly developed written
31 collaborative and interactive team agreement.
32 The agreement shall be defined to promote the exercise of
33 professional judgment by the advanced practice registered
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1 nurse commensurate with his or her education and experience.
2 The services to be provided by the advanced practice
3 registered nurse shall be services that the collaborating
4 physician generally provides to his or her patients in the
5 normal course of his or her medical practice, but need not
6 describe the exact steps that an advanced practice registered
7 nurse must take with respect to each specific condition,
8 disease, or symptom. The agreement must specify which
9 authorized procedures require a physician's presence as the
10 procedures are being performed. The collaborative and
11 interactive relationship under an agreement shall not be
12 construed to require the personal presence of a physician at
13 all times at the place where services are rendered except as
14 specified under Section 15-25. Methods of communication
15 shall be available for consultation with the collaborating
16 physician by radio, telephone, or telecommunications in
17 accordance with established written guidelines as set forth
18 in the written agreement.
19 (c) Physician medical direction under an agreement shall
20 be adequate if a collaborating physician:
21 (1) is responsible for the formulation or approval
22 of his or her physician orders, standing medical orders,
23 standing delegation orders, or other orders or protocols
24 and he or she periodically reviews the orders and the
25 services provided patients under the orders;
26 (2) is on site at least once a week to provide
27 medical direction and consultation;
28 (3) receives a daily status report from the
29 advanced practice registered nurse on any problems or
30 complications encountered; and
31 (4) is available through direct telecommunication
32 for consultation, assistance with medical emergencies, or
33 patient referral.
34 (d) The Department shall adopt rules specifying the
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1 minimum requirements for the written collaborative and
2 interactive team agreement required by this Section.
3 (e) A copy of the signed, written collaborative and
4 interactive team agreement shall be available to the
5 Department upon request from both the advanced practice
6 registered nurse and the collaborating physician and shall be
7 updated annually. An advanced practice registered nurse
8 shall provide a copy of all collaborative and interactive
9 team agreements to each collaborating physician.
10 (225 ILCS 65/15-20 new)
11 Sec. 15-20. Prescriptive authority.
12 (a) Except as provided in Section 15-25, a collaborating
13 physician may, but is not required to, delegate limited
14 prescriptive authority to an advanced practice registered
15 nurse. This authority may, but is not required to, include
16 prescription of legend drugs categorized as Schedule III, IV,
17 or V controlled substances, as defined in Article II of the
18 Illinois Controlled Substances Act, under the written
19 collaborative and interactive team agreement required by
20 Section 15-15.
21 (b) To prescribe Schedule III, IV, or V controlled
22 substances under this Section, an advanced practice
23 registered nurse shall affix the collaborating physician's
24 DEA number to, and individually sign, the appropriate
25 prescription form containing the printed names of the
26 advanced practice registered nurse and collaborating
27 physician in accordance with the written collaborative and
28 interactive team agreement. Medication orders shall be
29 reviewed periodically by the collaborating physician.
30 (c) The collaborating physician shall file with the
31 Department notice of delegation of prescriptive authority and
32 termination of delegation, as required by rule of the
33 Department.
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1 (d) Nothing in this Act shall be construed to limit the
2 delegation of tasks or duties by a physician to a nurse or
3 other personnel.
4 (225 ILCS 65/15-25 new)
5 Sec. 15-25. CRNA agreements; prescriptive authority.
6 (a) A certified registered nurse anesthetist shall enter
7 into a written collaborative and interactive team agreement,
8 as described in Section 15-15 of this Act and Section 54.5 of
9 the Medical Practice Act of 1987, with an anesthesiologist
10 who has privileges at the licensed hospital or ambulatory
11 surgical treatment center where the certified registered
12 nurse anesthetist proposes to provide care. During
13 anesthesia and related services, the responsible
14 anesthesiologist shall personally participate in the
15 anesthesia plan and remain physically present and available
16 for immediate diagnosis and treatment of emergencies. The
17 medical staffs of licensed hospitals and licensed ambulatory
18 surgical treatment centers may adopt alternative requirements
19 concerning the presence and availability of an
20 anesthesiologist when no anesthesiologist has medical staff
21 privileges. An alternate policy shall require the
22 participation, presence, and availability of a physician and
23 shall be developed by the medical staff and included in the
24 medical staff bylaws.
25 (b) Certified registered nurse anesthetists are
26 authorized to select, order, and administer drugs and apply
27 the appropriate medical devices in the provision of
28 anesthesia and anesthesia-related services under the
29 anesthesia plan approved by the responsible anesthesiologist
30 or, in the absence of an available anesthesiologist on staff,
31 approved by the operating physician in accordance with the
32 medical staff bylaws of a licensed hospital or licensed
33 ambulatory surgical treatment center.
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1 (225 ILCS 65/15-30 new)
2 Sec. 15-30. Title; corporate practice.
3 (a) No person shall use any words, abbreviations,
4 figures, letters, title, sign, card, or device tending to
5 imply that he or she is an advanced practice registered
6 nurse, including but not limited to using the titles or
7 initials "Advanced Practice Registered Nurse", "Certified
8 Nurse Midwife", "Certified Nurse Practitioner", "Certified
9 Registered Nurse Anesthetist", "Clinical Nurse Specialist",
10 "A.P.R.N.", "C.N.M.", "C.N.P.", "C.R.N.A.", "C.N.S.", or
11 similar titles or initials, with the intention of indicating
12 practice as an advanced practice registered nurse (i)
13 without meeting the requirements of this Act or (ii) without
14 practicing as an advanced practice registered nurse in
15 accordance with a written collaborative and interactive team
16 agreement as required under Section 15-15. No advanced
17 practice registered nurse shall use the title of doctor or
18 associate with his or her name or any other term that would
19 indicate to other persons that he or she is qualified to
20 engage in the general practice of medicine.
21 (b) An advanced practice registered nurse shall verbally
22 identify himself or herself as an advanced practice
23 registered nurse including specialty certification to each
24 patient. An advanced practice registered nurse shall not in
25 any way practice independent of a written collaborative and
26 interactive team agreement with a collaborating physician.
27 An alternate collaborating physician may be designated by a
28 collaborating physician to collaborate and interact with an
29 advanced practice registered nurse when a collaborating
30 physician is unable to provide medical direction for a period
31 not to exceed 30 days.
32 (c) No corporation, partnership, or association shall
33 practice advanced practice registered nursing, hold itself
34 out as being entitled to practice advanced practice
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1 registered nursing, furnish advanced practice registered
2 nursing services, advertise under the name of an advanced
3 practice registered nurse, or solicit patients through
4 itself, its agents, officers, employees, directors, or
5 trustees on behalf of an advanced practice registered nurse,
6 except as provided in this Section.
7 The following persons or entities may employ an advanced
8 practice registered nurse in accordance with the provisions
9 of this Section:
10 (1) A physician or physician group organized in
11 accordance with item (14) of subsection (A) of Section 22
12 of the Medical Practice Act of 1987.
13 (2) A professional service corporation organized
14 under the Professional Service Corporation Act by
15 physicians or advanced practice registered nurses.
16 (3) An ambulatory surgical treatment center
17 licensed under the Ambulatory Surgical Treatment Center
18 Act.
19 (4) A nursing home licensed under the Nursing Home
20 Care Act.
21 (5) A home health agency licensed under the Home
22 Health Agency Licensing Act.
23 (6) A local or county health department certified
24 by the Illinois Department of Public Health.
25 (7) A federally qualified health center or rural
26 health clinic certified by the Secretary of Health and
27 Human Services.
28 (8) A free medical clinic organized in accordance
29 with the Good Samaritan Act.
30 (9) A university health service organized in
31 accordance with Illinois law.
32 (10) A visiting nurse association.
33 (11) A hospital licensed under the Hospital
34 Licensing Act or organized under the University of
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1 Illinois Hospital Act.
2 (12) Any other licensed health care facility as
3 defined by rule.
4 (d) A person or health care entity authorized to employ
5 an advanced practice registered nurse under subsection (c) or
6 rules adopted under that subsection shall comply with the
7 following requirements:
8 (1) Establish written procedures consistent with
9 this Act and rules adopted under this Act recognizing the
10 collaborative and interactive relationship between the
11 collaborating physician and advanced practice registered
12 nurse. In a hospital and ambulatory surgical treatment
13 center, those procedures shall be developed by the
14 medical staff and included in the medical staff bylaws.
15 (2) With the exception of collaborative and
16 interactive agreements with an employer, the chief
17 operating officer or his or her designee and the advanced
18 practice registered nurse shall sign a statement
19 acknowledging the advanced practice registered nurse's
20 authority to exercise professional judgment in accordance
21 with the written collaborative and interactive team
22 agreement and medical staff bylaws. This statement shall
23 at a minimum include the following provisions:
24 As the employer of an advanced practice
25 registered nurse, [employer's name] shall not have
26 or exercise control or direction over the means,
27 manner, or method that the advanced practice
28 registered nurse or collaborating physician uses in
29 the exercise and execution of his or her
30 professional judgment, skill, and practice, except
31 as such control or direction may be exercised by the
32 medical staff in accordance with bylaws. The
33 physician-patient or advanced practice registered
34 nurse-patient relationship shall be maintained.
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1 or
2 As the employer of an advanced practice
3 registered nurse, [employer's name] shall impose no
4 restriction on an advanced practice registered nurse
5 or collaborating physician as to methods of
6 diagnosis or treatment or exercise of professional
7 judgment, except for restrictions that may be
8 established by the medical staff in accordance with
9 bylaws. The physician-patient or advanced practice
10 registered nurse-patient relationship shall be
11 maintained.
12 The signed statement shall be retained by the employer
13 and advanced practice registered nurse and available to the
14 Department upon request.
15 The Department may prepare a model statement by rule.
16 (d) Nothing in this Act shall be construed to relieve a
17 physician of professional or legal responsibility for the
18 care and treatment of persons attended by him or her or to
19 relieve an advanced practice registered nurse of the
20 professional or legal responsibility for the care and
21 treatment of persons attended by him or her.
22 (225 ILCS 65/15-35 new)
23 Sec. 15-35. Advanced Practice Registered Nurse Board.
24 (a) There is hereby established an Advanced Practice
25 Registered Nurse Board, hereinafter referred to as the "APRN
26 Board". The APRN Board shall review and make recommendations
27 to the Department regarding matters relating to licensure and
28 discipline of advanced practice registered nurses. The APRN
29 Board shall be composed of 9 members to be appointed by the
30 Governor, 4 of whom shall be advanced practice registered
31 nurses and 4 of whom shall be physicians. Two of the
32 physician members shall be collaborating physicians. One
33 member, not employed or having any material interest in any
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1 health care field, shall represent the public. The
2 chairperson of the APRN Board shall be a member elected by a
3 majority vote of the APRN Board. The APRN Board shall meet
4 and report to the Department quarterly and as advanced
5 practice registered nurse issues arise.
6 Initial appointments to the APRN Board shall be made
7 within 90 days after the effective date of this amendatory
8 Act of 1997. The terms of office of each of the original
9 members shall be at staggered intervals. One physician and
10 one advanced practice registered nurse shall serve one-year
11 terms. One physician and one advanced practice registered
12 nurse shall serve 2-year terms. One physician and one
13 advanced practice registered nurse shall serve 3-year terms.
14 One physician, one advanced practice registered nurse, and
15 the public member shall serve 4-year terms. Upon the
16 expiration of the term of an initial member, his or her
17 successor shall be appointed for a term of 4 years. No member
18 shall serve more than 2 consecutive terms, excluding initial
19 appointment terms. An appointment to fill a vacancy shall be
20 for the unexpired portion of the term. Members of the APRN
21 Board shall be reimbursed for all authorized legitimate and
22 necessary expenses incurred in attending the meetings of the
23 APRN Board. A majority of the APRN Board members appointed
24 shall constitute a quorum. A vacancy in the membership of
25 the APRN Board shall not impair the right of a quorum to
26 perform all of the duties of the APRN Board. A member of
27 the APRN Board shall have no liability in an action based
28 upon a disciplinary proceeding or other activity performed in
29 good faith as a member of the APRN Board.
30 (b) Complaints received concerning advanced practice
31 registered nurses shall be reviewed by the APRN Board.
32 Complaints received concerning collaborating physicians shall
33 be reviewed by the Medical Disciplinary Board.
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1 (225 ILCS 65/15-40 new)
2 Sec. 15-40. Advertising.
3 (a) A person licensed under this Title may advertise the
4 availability of professional services in the public media or
5 on the premises where the professional services are rendered.
6 The advertising shall be limited to the following
7 information:
8 (1) publication of the person's name, title, office
9 hours, address, and telephone number;
10 (2) information pertaining to the person's areas of
11 specialization, including but not limited to appropriate
12 board certification or limitation of professional
13 practice;
14 (3) publication of the person's collaborating
15 physician's name, title, and areas of specialization;
16 (4) information on usual and customary fees for
17 routine professional services offered, which shall
18 include notification that fees may be adjusted due to
19 complications or unforeseen circumstances;
20 (5) announcements of the opening of, change of,
21 absence from, or return to business;
22 (6) announcement of additions to or deletions from
23 professional licensed staff; and
24 (7) the issuance of business or appointment cards.
25 (b) It is unlawful for a person licensed under this
26 Title to use testimonials or claims of superior quality of
27 care to entice the public. It shall be unlawful to advertise
28 fee comparisons of available services with those of other
29 licensed persons.
30 (c) This Title does not authorize the advertising of
31 professional services that the offeror of the services is not
32 licensed or authorized to render. Nor shall the advertiser
33 use statements that contain false, fraudulent, deceptive, or
34 misleading material or guarantees of success, statements that
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1 play upon the vanity or fears of the public, or statements
2 that promote or produce unfair competition.
3 (d) It is unlawful and punishable under the penalty
4 provisions of this Act for a person licensed under this Title
5 to knowingly advertise that the licensee will accept as
6 payment for services rendered by assignment from any third
7 party payor the amount the third party payor covers as
8 payment in full, if the effect is to give the impression of
9 eliminating the need of payment by the patient of any
10 required deductible or copayment applicable in the patient's
11 health benefit plan.
12 (e) As used in this Section, "advertise" means
13 solicitation by the licensee or through another person or
14 entity by means of handbills, posters, circulars, motion
15 pictures, radio, newspapers, or television or any other
16 manner.
17 (225 ILCS 65/15-45 new)
18 Sec. 15-45. Continuing education. The Department shall
19 adopt rules of continuing education for persons licensed
20 under this Title that require {Annual number multiplied by 2}
21 hours of continuing education per 2-year license renewal
22 cycle. The rules shall be consistent with requirements of
23 relevant professional associations, specialty societies, or
24 boards. The rules shall also address variances for illness or
25 hardship. In establishing the rules, the Department shall
26 consider education requirements for specialty society or
27 board certification. The continuing education rules shall
28 assure that licensees are given the opportunity to
29 participate in programs sponsored by or through their
30 professional associations or hospitals that are relevant to
31 their practice. Each licensee is responsible for maintaining
32 records of completion of continuing education and shall be
33 prepared to produce the records when requested by the
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1 Department.
2 (225 ILCS 65/15-50 new)
3 Sec. 15-50. Grounds for disciplinary action.
4 (a) The Department may, upon the recommendation of the
5 APRN Board, refuse to issue or to renew, or may revoke,
6 suspend, place on probation, censure or reprimand, or take
7 other disciplinary action as the Department may deem
8 appropriate with regard to a license issued under this Title,
9 including the issuance of fines not to exceed $5,000 for each
10 violation, for any one or combination of the grounds for
11 discipline set forth in Section 10-45 of this Act or for any
12 one or combination of the following causes:
13 (1) Gross negligence in the practice of advanced
14 practice registered nursing.
15 (2) Exceeding the authority delegated to him or her
16 by his or her collaborating physician or alternate
17 collaborating physician in guidelines established under a
18 written collaborative and interactive team agreement.
19 (3) Making a false or misleading statement
20 regarding his or her skill or the efficacy or value of
21 the medicine, treatment, or remedy prescribed by him or
22 her in the course of treatment.
23 (4) Prescribing, selling, administering,
24 distributing, giving, or self-administering a drug
25 classified as a controlled substance (designated product)
26 or narcotic for other than medically-accepted therapeutic
27 purposes.
28 (5) Promotion of the sale of drugs, devices,
29 appliances, or goods provided for a patient in a manner
30 to exploit the patient for financial gain.
31 (6) Violating State or federal laws or regulations
32 relating to controlled substances.
33 (7) Willfully failing to file or record, willfully
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1 impeding the filing or recording, or inducing another
2 person to fail to file or record medical reports as
3 required by law.
4 (8) Willfully or negligently violating the
5 confidentiality between advanced practice registered
6 nurse, collaborating physician, and patient, except as
7 required by law.
8 (9) Failure of a licensee to report to the
9 Department any adverse final action taken against the
10 licensee by another licensing jurisdiction (any other
11 jurisdiction of the United States or any foreign state or
12 country), a peer review body, a health care institution,
13 a professional or nursing or advanced practice registered
14 nursing society or association, a governmental agency, a
15 law enforcement agency, or a court or a liability claim
16 relating to acts or conduct similar to acts or conduct
17 that would constitute grounds for action as defined in
18 this Section.
19 (10) Failure of a licensee to report to the
20 Department surrender by the licensee of a license or
21 authorization to practice nursing or advanced practice
22 registered nursing in another state or jurisdiction, or
23 current surrender by the licensee of membership on any
24 nursing staff or organized health care professional staff
25 or in any nursing, advanced practice registered nursing,
26 or professional association or society while under
27 disciplinary investigation by any of those authorities or
28 bodies for acts or conduct similar to acts or conduct
29 what would constitute grounds for action as defined in
30 this Section.
31 (11) Dividing with anyone other than advanced
32 practice registered nurses or physicians with whom the
33 licensee practices in a professional service corporation
34 or as an employee any fee, commission, rebate, or other
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1 form of compensation for any professional services not
2 actually or personally rendered. Nothing contained in
3 this subsection prohibits persons holding valid and
4 current licenses under this Title in a partnership or
5 professional service corporation with an advanced
6 practice registered nurse from pooling, sharing,
7 dividing, or apportioning the fees and moneys received by
8 them or by the partnership or corporation in accordance
9 with the partnership agreement or the policies of the
10 board of directors of the corporation. Nothing contained
11 in this subsection shall abrogate the right of 2 or more
12 persons, holding valid and current licenses under this
13 Title to each receive adequate compensation for
14 concurrently rendering professional services to a patient
15 and divide a fee, provided that (i) the patient has full
16 knowledge of the division and (ii) the division is made
17 in proportion to the services performed and
18 responsibility assumed by each.
19 (12) Failing, within 60 days, to provide
20 information in response to a written request made by the
21 Department.
22 (13) A violation of any Section of this Title or
23 Act.
24 When the Department has received written reports
25 concerning incidents required to be reported in items (9) and
26 (10), the licensee's failure to report the incident to the
27 Department under those items shall not be the sole grounds
28 for disciplinary action.
29 (b) Any action taken by the Department or APRN Board on
30 an individual's advanced practice registered nurse license
31 shall also be taken on the individual's registered nursing
32 license under Title 10 of this Act.
33 (c) The Department may refuse to issue or may suspend
34 the license of any person who fails to file a return, to pay
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1 the tax, penalty, or interest shown in a filed return, or to
2 pay any final assessment of the tax, penalty, or interest as
3 required by a tax Act administered by the Department of
4 Revenue, until the requirements of the tax Act are satisfied.
5 (d) In enforcing this Section, the Department or APRN
6 Board, upon a showing of a possible violation, may compel an
7 individual licensed to practice under this Title, or who has
8 applied for licensure under this Title, to submit to a mental
9 or physical examination or both, as required by and at the
10 expense of the Department. The Department or APRN Board may
11 order the examining physician to present testimony concerning
12 the mental or physical examination of the licensee or
13 applicant. No information shall be excluded by reason of any
14 common law or statutory privilege relating to communications
15 between the licensee or applicant and the examining
16 physician. The examining physician shall be specifically
17 designated by the APRN Board or Department. The individual
18 to be examined may have, at his or her own expense, another
19 physician of his or her choice present during all aspects of
20 this examination. Failure of an individual to submit to a
21 mental or physical examination when directed shall be grounds
22 for suspension of his or her license until the individual
23 submits to the examination if the Department finds, after
24 notice and hearing, that the refusal to submit to the
25 examination was without reasonable cause.
26 If the Department or APRN Board finds an individual
27 unable to practice because of the reasons set forth in this
28 Section, the Department or APRN Board may require that
29 individual to submit to care, counseling, or treatment by
30 physicians approved or designated by the Department or APRN
31 Board as a condition, term, or restriction for continued,
32 reinstated, or renewed licensure to practice; or, in lieu of
33 care, counseling, or treatment, the Department may file, or
34 the APRN Board may recommend to the Department to file, a
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1 complaint to immediately suspend, revoke, or otherwise
2 discipline the license of the individual. An individual
3 whose license was granted, continued, reinstated, renewed,
4 disciplined or supervised subject to terms, conditions, or
5 restrictions, and who fails to comply with the terms,
6 conditions, or restrictions, shall be referred to the
7 Director for a determination as to whether the individual
8 shall have his or her license suspended immediately, pending
9 a hearing by the Department.
10 In instances in which the Director immediately suspends a
11 person's license under this Section, a hearing on that
12 person's license shall be convened by the Department within
13 15 days after the suspension and shall be completed without
14 appreciable delay. The Department and APRN Board shall have
15 the authority to review the subject individual's record of
16 treatment and counseling regarding the impairment to the
17 extent permitted by applicable federal statutes and
18 regulations safeguarding the confidentiality of medical
19 records.
20 An individual licensed under this Title and affected
21 under this Section shall be afforded an opportunity to
22 demonstrate to the Department or APRN Board that he or she
23 can resume practice in compliance with acceptable and
24 prevailing standards under the provisions of his or her
25 license.
26 (225 ILCS 65/15-55 new)
27 Sec. 15-55. Reports relating to professional conduct and
28 capacity.
29 (a) Entities Required to Report.
30 (1) Health Care Institutions. The chief
31 administrator or executive officer of a health care
32 institution licensed by the Department of Public Health,
33 which provides the minimum due process set forth in
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1 Section 10.4 of the Hospital Licensing Act, shall report
2 to the APRN Board when a licensee's organized
3 professional staff clinical privileges are terminated or
4 are restricted based on a final determination, in
5 accordance with that institution's by-laws or rules and
6 regulations, that (i) a person has either committed an
7 act or acts that may directly threaten patient care and
8 that are not of an administrative nature or (ii) that a
9 person may be mentally or physically disabled in a manner
10 that may endanger patients under that person's care. The
11 chief administrator or officer shall also report if a
12 licensee accepts voluntary termination or restriction of
13 clinical privileges in lieu of formal action based upon
14 conduct related directly to patient care and not of an
15 administrative nature, or in lieu of formal action
16 seeking to determine whether a person may be mentally or
17 physically disabled in a manner that may endanger
18 patients under that person's care. The APRN Board shall
19 provide by rule for the reporting to it of all instances
20 in which a person licensed under this Title, who is
21 impaired by reason of age, drug, or alcohol abuse or
22 physical or mental impairment, is under supervision and,
23 where appropriate, is in a program of rehabilitation.
24 Reports submitted under this subsection shall be strictly
25 confidential and may be reviewed and considered only by
26 the members of the APRN Board or authorized staff as
27 provided by rule of the APRN Board. Provisions shall be
28 made for the periodic report of the status of any such
29 reported person not less than twice annually in order
30 that the APRN Board shall have current information upon
31 which to determine the status of that person. Initial
32 and periodic reports of impaired advanced practice
33 registered nurses shall not be considered records within
34 the meaning of the State Records Act and shall be
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1 disposed of, following a determination by the APRN Board
2 that such reports are no longer required, in a manner and
3 at an appropriate time as the APRN Board shall determine
4 by rule. The filing of reports submitted under this
5 subsection shall be construed as the filing of a report
6 for purposes of subsection (c) of this Section.
7 (2) Professional Associations. The President or
8 chief executive officer of an association or society of
9 persons licensed under this Title, operating within this
10 State, shall report to the APRN Board when the
11 association or society renders a final determination that
12 a person licensed under this Title has committed
13 unprofessional conduct related directly to patient care
14 or that a person may be mentally or physically disabled
15 in a manner that may endanger patients under the person's
16 care.
17 (3) Professional Liability Insurers. Every
18 insurance company that offers policies of professional
19 liability insurance to persons licensed under this Title,
20 or any other entity that seeks to indemnify the
21 professional liability of a person licensed under this
22 Title, shall report to the APRN Board the settlement of
23 any claim or cause of action, or final judgment rendered
24 in any cause of action, that alleged negligence in the
25 furnishing of patient care by the licensee when the
26 settlement or final judgment is in favor of the
27 plaintiff.
28 (4) State's Attorneys. The State's Attorney of
29 each county shall report to the APRN Board all instances
30 in which a person licensed under this Title is convicted
31 or otherwise found guilty of the commission of a felony.
32 (5) State Agencies. All agencies, boards,
33 commissions, departments, or other instrumentalities of
34 the government of this State shall report to the APRN
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1 Board any instance arising in connection with the
2 operations of the agency, including the administration of
3 any law by the agency, in which a person licensed under
4 this Title has either committed an act or acts that may
5 constitute a violation of this Title, that may constitute
6 unprofessional conduct related directly to patient care,
7 or that indicates that a person licensed under this Title
8 may be mentally or physically disabled in a manner that
9 may endanger patients under that person's care.
10 (b) Mandatory Reporting. All reports required under
11 items (9) and (10) of subsection (a) of Section 15-50 and
12 under this Section shall be submitted to the APRN Board in a
13 timely fashion. The reports shall be filed in writing within
14 60 days after a determination that a report is required under
15 this Title. All reports shall contain the following
16 information:
17 (1) The name, address, and telephone number of
18 the person making the report.
19 (2) The name, address, and telephone number of
20 the person who is the subject of the report.
21 (3) The name or other means of identification of
22 any patient or patients whose treatment is a subject of
23 the report, except that no medical records may be
24 revealed without the written consent of the patient or
25 patients.
26 (4) A brief description of the facts that gave rise
27 to the issuance of the report, including but not limited
28 to the dates of any occurrences deemed to necessitate the
29 filing of the report.
30 (5) If court action is involved, the identity of
31 the court in which the action is filed, the docket
32 number, and date of filing of the action.
33 (6) Any further pertinent information that the
34 reporting party deems to be an aid in the evaluation of
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1 the report.
2 Nothing contained in this Section shall be construed to
3 in any way waive or modify the confidentiality of medical
4 reports and committee reports to the extent provided by law.
5 Any information reported or disclosed shall be kept for the
6 confidential use of the APRN Board, the APRN Board's
7 attorneys, the investigative staff, and authorized clerical
8 staff and shall be afforded the same status as is provided
9 information concerning medical studies in Part 21 of Article
10 VIII of the Code of Civil Procedure.
11 (c) Immunity from Prosecution. An individual or
12 organization acting in good faith, and not in a wilful and
13 wanton manner, in complying with this Title by providing a
14 report or other information to the APRN Board, by assisting
15 in the investigation or preparation of a report or
16 information, by participating in proceedings of the APRN
17 Board, or by serving as a member of the Board shall not, as a
18 result of such actions, be subject to criminal prosecution or
19 civil damages.
20 (d) Indemnification. Members of the APRN Board, the
21 APRN Board's attorneys, the investigative staff, advanced
22 practice registered nurses or physicians retained under
23 contract to assist and advise in the investigation, and
24 authorized clerical staff shall be indemnified by the State
25 for any actions (i) occurring within the scope of services on
26 the APRN Board, (ii) performed in good faith, and (iii) not
27 wilful and wanton in nature. The Attorney General shall
28 defend all actions taken against those persons unless he or
29 she determines either that there would be a conflict of
30 interest in the representation or that the actions complained
31 of were not performed in good faith or were wilful and wanton
32 in nature. If the Attorney General declines representation,
33 the member shall have the right to employ counsel of his or
34 her choice, whose fees shall be provided by the State, after
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1 approval by the Attorney General, unless there is a
2 determination by a court that the member's actions were not
3 performed in good faith or were wilful and wanton in nature.
4 The member shall notify the Attorney General within 7 days of
5 receipt of notice of the initiation of an action involving
6 services of the APRN Board. Failure to so notify the Attorney
7 General shall constitute an absolute waiver of the right to a
8 defense and indemnification. The Attorney General shall
9 determine within 7 days after receiving the notice whether he
10 or she will undertake to represent the member.
11 (e) Deliberations of APRN Board. Upon the receipt of a
12 report called for by this Title, other than those reports of
13 impaired persons licensed under this Title required pursuant
14 to the rules of the APRN Board, the APRN Board shall notify
15 in writing by certified mail the person who is the subject of
16 the report. The notification shall be made within 30 days of
17 receipt by the APRN Board of the report. The notification
18 shall include a written notice setting forth the person's
19 right to examine the report. Included in the notification
20 shall be the address at which the file is maintained, the
21 name of the custodian of the reports, and the telephone
22 number at which the custodian may be reached. The person who
23 is the subject of the report shall submit a written statement
24 responding to, clarifying, adding to, or proposing to amend
25 the report previously filed. The statement shall become a
26 permanent part of the file and shall be received by the APRN
27 Board no more than 30 days after the date on which the person
28 was notified of the existence of the original report. The
29 APRN Board shall review all reports received by it and any
30 supporting information and responding statements submitted by
31 persons who are the subject of reports. The review by the
32 APRN Board shall be in a timely manner but in no event shall
33 the APRN Board's initial review of the material contained in
34 each disciplinary file be less than 61 days nor more than 180
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1 days after the receipt of the initial report by the APRN
2 Board. When the APRN Board makes its initial review of the
3 materials contained within its disciplinary files, the APRN
4 Board shall, in writing, make a determination as to whether
5 there are sufficient facts to warrant further investigation
6 or action. Failure to make that determination within the
7 time provided shall be deemed to be a determination that
8 there are not sufficient facts to warrant further
9 investigation or action. Should the APRN Board find that
10 there are not sufficient facts to warrant further
11 investigation or action, the report shall be accepted for
12 filing and the matter shall be deemed closed and so reported.
13 The individual or entity filing the original report or
14 complaint and the person who is the subject of the report or
15 complaint shall be notified in writing by the APRN Board of
16 any final action on their report or complaint.
17 (f) Summary Reports. The APRN Board shall prepare, on a
18 timely basis, but in no event less than one every other
19 month, a summary report of final actions taken upon
20 disciplinary files maintained by the APRN Board. The summary
21 reports shall be sent by the APRN Board to every health care
22 facility licensed by the Department of Public Health, every
23 professional association and society of persons licensed
24 under this Title functioning on a statewide basis in this
25 State, all insurers providing professional liability
26 insurance to persons licensed under this Title in this State,
27 and the Illinois Pharmacists Association.
28 (g) Any violation of this Section shall constitute a
29 Class A misdemeanor.
30 (h) If a person violates the provisions of this Section,
31 an action may be brought in the name of the People of the
32 State of Illinois, through the Attorney General of the State
33 of Illinois, for an order enjoining the violation or for an
34 order enforcing compliance with this Section. Upon filing of
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1 a verified petition in court, the court may issue a temporary
2 restraining order without notice or bond and may
3 preliminarily or permanently enjoin the violation, and if it
4 is established that the person has violated or is violating
5 the injunction, the court may punish the offender for
6 contempt of court. Proceedings under this subsection shall
7 be in addition to, and not in lieu of, all other remedies and
8 penalties provided for by this Section.
9 (225 ILCS 65/Title 20 heading new)
10 TITLE 20. ADMINISTRATION AND ENFORCEMENT
11 (225 ILCS 65/20-2 new)
12 Sec. 20-2. References to Board. References in this
13 Title to the "Board" shall mean the Board of Nursing in the
14 case of an administrative or enforcement matter concerning
15 the practice of practical nursing or professional nursing,
16 and shall mean the Advanced Practice Registered Nurse Board
17 in the case of an administrative or enforcement matter
18 concerning the practice of advanced practice registered
19 nursing.
20 (225 ILCS 65/20-5, formerly, 65/16)
21 Sec. 20-5. 16. Expiration of license; renewal. The
22 expiration date and renewal period for each license issued
23 under this Act shall be set by rule. The holder of a license
24 may renew the license during the month preceding the
25 expiration date of the license by paying the required fee. It
26 is the responsibility of the licensee to notify the
27 Department in writing of a change of address.
28 (Source: P.A. 90-61, eff. 12-30-97.)
29 (225 ILCS 65/20-10, formerly 65/17)
30 Sec. 20-10. 17. Restoration of license; temporary
-60- LRB9007862NTsbC
1 permit.
2 (a) Any license issued under this Act that has expired
3 or that is on inactive status may be restored by making
4 application to the Department and filing proof of fitness
5 acceptable to the Department as specified by rule, to have
6 the license restored, and by paying the required restoration
7 fee. Such proof of fitness may include evidence certifying
8 to active lawful practice in another jurisdiction.
9 However, any license issued under this Act that expired
10 while the licensee was (1) in federal service on active duty
11 with the Armed Forces of the United States, or the State
12 Militia called into service or training, or (2) in training
13 or education under the supervision of the United States
14 preliminary to induction into the military service, may have
15 the license restored without paying any lapsed renewal fees
16 if within 2 years after honorable termination of such
17 service, training, or education, the applicant furnishes the
18 Department with satisfactory evidence to the effect that the
19 applicant has been so engaged and that the individual's
20 service, training, or education has been so terminated.
21 Any licensee who shall engage in the practice of nursing
22 or advanced practice registered nursing with a lapsed license
23 or while on inactive status shall be considered to be
24 practicing without a license which shall be grounds for
25 discipline under Section 10-30 or Article 15, respectively 25
26 of this Act.
27 (b) Pending restoration of a license under subsection
28 (a) of this Section, the Department may grant an applicant a
29 temporary license to practice nursing as a registered nurse
30 or as a licensed practical nurse if the Department is
31 satisfied that the applicant holds an active, unencumbered
32 license in good standing in another jurisdiction. If the
33 applicant holds more than one current active license, or one
34 or more active temporary licenses from other jurisdictions,
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1 the Department shall not issue a temporary license until it
2 is satisfied that each current active license held by the
3 applicant is unencumbered. The temporary license, which shall
4 be issued no later than 14 working days following receipt by
5 the Department of an application for the license, shall be
6 granted upon the submission of the following to the
7 Department:
8 (1) a signed and completed application for
9 restoration of licensure under this Section as a
10 registered nurse or a licensed practical nurse;
11 (2) proof of (i) a current, active license in at
12 least one other jurisdiction and proof that each current,
13 active license or temporary permit held by the applicant
14 is unencumbered or (ii) fitness to practice nursing in
15 Illinois as specified by rule;
16 (3) a signed and completed application for a
17 temporary permit; and
18 (4) the required permit fee.
19 (c) The Department may refuse to issue to an applicant a
20 temporary permit authorized under this Section if, within 14
21 working days following its receipt of an application for a
22 temporary permit, the Department determines that:
23 (1) the applicant has been convicted within the
24 last 5 years of any crime under the laws of any
25 jurisdiction of the United States that is (i) a felony
26 or (ii) a misdemeanor directly related to the practice of
27 the profession;
28 (2) within the last 5 years the applicant had a
29 license or permit related to the practice of nursing
30 revoked, suspended, or placed on probation by another
31 jurisdiction if at least one of the grounds for revoking,
32 suspending, or placing on probation is the same or
33 substantially equivalent to grounds in Illinois; or
34 (3) it is determined by the Department that it
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1 intends to deny restoration of the license.
2 For purposes of this Section, an "unencumbered license"
3 means any license against which no disciplinary action has
4 been taken or is pending and for which all fees and charges
5 are paid and current.
6 (d) The Department may revoke a temporary permit issued
7 under this Section if:
8 (1) it determines that the applicant has been
9 convicted within the last 5 years of any crime under the
10 law of any jurisdiction of the United States that is (i)
11 a felony or (ii) a misdemeanor directly related to the
12 practice of the profession;
13 (2) within the last 5 years the applicant had a
14 license or permit related to the practice of nursing
15 revoked, suspended, or placed on probation by another
16 jurisdiction, if at least one of the grounds for
17 revoking, suspending, or placing on probation is the same
18 or substantially equivalent to grounds in Illinois; or
19 (3) it is determined by the Department that it
20 intends to deny restoration of the license.
21 A temporary permit or renewed temporary permit shall
22 expire (i) upon issuance of an Illinois license or (ii) upon
23 notification that the Department intends to deny restoration
24 of licensure. A temporary permit shall expire 6 months from
25 the date of issuance. Further renewal may be granted by the
26 Department, in hardship cases, that shall automatically
27 expire upon issuance of the Illinois license or upon
28 notification that the Department intends to deny licensure,
29 whichever occurs first. No extensions shall be granted beyond
30 the 6 months period unless approved by the Director.
31 Notification by the Department under this Section shall be by
32 certified or registered mail.
33 (Source: P.A. 90-61, eff. 12-30-97.)
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1 (225 ILCS 65/20-15, formerly 65/18)
2 Sec. 20-15. 18. Inactive status. Any nurse who notifies
3 the Department in writing on forms prescribed by the
4 Department, may elect to place her or his license on inactive
5 status and shall, subject to rules of the Department, be
6 excused from payment of renewal fees until notice is given to
7 the Department in writing of her or his intent to restore the
8 license.
9 Any nurse requesting restoration from inactive status
10 shall be required to pay the current renewal fee and shall be
11 required to restore her or his license, as provided by rule
12 of the Department.
13 Any nurse whose license is in an inactive status shall
14 not practice nursing in the State of Illinois.
15 (Source: P.A. 85-981.)
16 (225 ILCS 65/20-25, formerly 65/21)
17 Sec. 20-25. 21. Returned checks; fines. Any person who
18 delivers a check or other payment to the Department that is
19 returned to the Department unpaid by the financial
20 institution upon which it is drawn shall pay to the
21 Department, in addition to the amount already owed to the
22 Department, a fine of $50. If the check or other payment was
23 for a renewal or issuance fee and that person practices
24 without paying the renewal fee or issuance fee and the fine
25 due, an additional fine of $100 shall be imposed. The fines
26 imposed by this Section are in addition to any other
27 discipline provided under this Act for unlicensed practice or
28 practice on a nonrenewed license. The Department shall notify
29 the person that payment of fees and fines shall be paid to
30 the Department by certified check or money order within 30
31 calendar days of the notification. If, after the expiration
32 of 30 days from the date of the notification, the person has
33 failed to submit the necessary remittance, the Department
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1 shall automatically terminate the license or deny the
2 application, without hearing. If, after termination or
3 denial, the person seeks a license, he or she shall apply to
4 the Department for restoration or issuance of the license and
5 pay all fees and fines due to the Department. The Department
6 may establish a fee for the processing of an application for
7 restoration of a license to pay all expenses of processing
8 this application. The Director may waive the fines due under
9 this Section in individual cases where the Director finds
10 that the fines would be unreasonable or unnecessarily
11 burdensome.
12 (Source: P.A. 90-61, eff. 12-30-97.)
13 (225 ILCS 65/20-30, formerly 65/22)
14 Sec. 20-30. 22. Roster. The Department shall maintain a
15 roster of the names and addresses of all licensees and of all
16 persons whose licenses have been suspended or revoked. This
17 roster shall be available upon written request and payment of
18 the required fees.
19 (Source: P.A. 85-981.)
20 (225 ILCS 65/20-35, formerly 65/23)
21 Sec. 20-35. 23. Fees.
22 (a) The Department shall provide by rule for a schedule
23 of fees to be paid for licenses by all applicants.
24 (a-5) Except as provided in subsection (b), the fees for
25 the administration and enforcement of this Act, including but
26 not limited to original licensure, renewal, and restoration,
27 shall be set by rule. The fees shall not be refundable.
28 (b) In addition, applicants for any examination as a
29 Registered Professional Nurse or a Licensed Practical Nurse
30 shall be required to pay, either to the Department or to the
31 designated testing service, a fee covering the cost of
32 providing the examination. Failure to appear for the
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1 examination on the scheduled date, at the time and place
2 specified, after the applicant's application for examination
3 has been received and acknowledged by the Department or the
4 designated testing service, shall result in the forfeiture of
5 the examination fee.
6 (Source: P.A. 90-61, eff. 12-30-97.)
7 (225 ILCS 65/20-40, formerly 65/24)
8 (Text of Section before amendment by P.A. 90-372)
9 Sec. 20-40. 24. Fund. There is hereby created within the
10 State Treasury the Nursing Dedicated and Professional Fund.
11 The monies in the Fund may be used by and at the direction of
12 the Department for the administration and enforcement of this
13 Act, including but not limited to:
14 (a) Distribution and publication of the Illinois
15 Nursing and Advanced Practice Nursing Act of 1987 and the
16 rules at the time of renewal to all persons Registered
17 Professional Nurses and Licensed Practical Nurses
18 licensed by the Department under this Act.
19 (b) Employment of secretarial, nursing,
20 administrative, enforcement, and other staff for the
21 administration of this Act.
22 (c) Conducting a survey, as prescribed by rule of
23 the Department, once every 4 years during the license
24 renewal period.
25 (d) Conducting of training seminars for licensees
26 under this Act relating to the obligations,
27 responsibilities, enforcement and other provisions of the
28 Act and its rules.
29 (e) Disposition of Fees:
30 (i) (Blank).
31 (ii) All of the fees and fines collected
32 pursuant to this Act shall be deposited in the
33 Nursing Dedicated and Professional Fund.
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1 (iii) For the fiscal year beginning July 1,
2 1988, the moneys deposited in the Nursing Dedicated
3 and Professional Fund shall be appropriated to the
4 Department for expenses of the Department and the
5 Board in the administration of this Act. All
6 earnings received from investment of moneys in the
7 Nursing Dedicated and Professional Fund shall be
8 deposited in the Nursing Dedicated and Professional
9 Fund and shall be used for the same purposes as fees
10 deposited in the Fund.
11 (iv) For the fiscal year beginning July 1,
12 1991 and for each fiscal year thereafter, either 10%
13 of the moneys deposited in the Nursing Dedicated and
14 Professional Fund each year, not including interest
15 accumulated on such moneys, or any moneys deposited
16 in the Fund in each year which are in excess of the
17 amount appropriated in that year to meet ordinary
18 and contingent expenses of the Board, whichever is
19 less, shall be set aside and appropriated to the
20 Illinois Department of Public Health for nursing
21 scholarships awarded pursuant to the Nursing
22 Education Scholarship Law.
23 (v) Moneys in the Fund may be transferred to
24 the Professions Indirect Cost Fund as authorized
25 under Section 61e of the Civil Administrative Code
26 of Illinois.
27 In addition to any other permitted use of moneys in the
28 Fund, and notwithstanding any restriction on the use of the
29 Fund, moneys in the Nursing Dedicated and Professional Fund
30 may be transferred to the General Revenue Fund as authorized
31 by this amendatory Act of 1992. The General Assembly finds
32 that an excess of moneys exists in the Fund.
33 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
34 89-626, eff. 8-9-96; 90-61, eff. 12-30-97.)
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1 (Text of Section after amendment by P.A. 90-372)
2 Sec. 20-40. 24. Fund. There is hereby created within the
3 State Treasury the Nursing Dedicated and Professional Fund.
4 The monies in the Fund may be used by and at the direction of
5 the Department for the administration and enforcement of this
6 Act, including but not limited to:
7 (a) Distribution and publication of the Illinois
8 Nursing and Advanced Practice Nursing Act of 1987 and the
9 rules at the time of renewal to all persons Registered
10 Professional Nurses and Licensed Practical Nurses
11 licensed by the Department under this Act.
12 (b) Employment of secretarial, nursing,
13 administrative, enforcement, and other staff for the
14 administration of this Act.
15 (c) Conducting a survey, as prescribed by rule of
16 the Department, once every 4 years during the license
17 renewal period.
18 (d) Conducting of training seminars for licensees
19 under this Act relating to the obligations,
20 responsibilities, enforcement and other provisions of the
21 Act and its rules.
22 (e) Disposition of Fees:
23 (i) (Blank).
24 (ii) All of the fees and fines collected
25 pursuant to this Act shall be deposited in the
26 Nursing Dedicated and Professional Fund.
27 (iii) For the fiscal year beginning July 1,
28 1988, the moneys deposited in the Nursing Dedicated
29 and Professional Fund shall be appropriated to the
30 Department for expenses of the Department and the
31 Board in the administration of this Act. All
32 earnings received from investment of moneys in the
33 Nursing Dedicated and Professional Fund shall be
34 deposited in the Nursing Dedicated and Professional
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1 Fund and shall be used for the same purposes as fees
2 deposited in the Fund.
3 (iv) For the fiscal year beginning July 1,
4 1991 and for each fiscal year thereafter, either 10%
5 of the moneys deposited in the Nursing Dedicated and
6 Professional Fund each year, not including interest
7 accumulated on such moneys, or any moneys deposited
8 in the Fund in each year which are in excess of the
9 amount appropriated in that year to meet ordinary
10 and contingent expenses of the Board, whichever is
11 less, shall be set aside and appropriated to the
12 Illinois Department of Public Health for nursing
13 scholarships awarded pursuant to the Nursing
14 Education Scholarship Law.
15 (v) Moneys in the Fund may be transferred to
16 the Professions Indirect Cost Fund as authorized
17 under Section 61e of the Civil Administrative Code
18 of Illinois.
19 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
20 89-626, eff. 8-9-96; 90-61, eff. 12-30-97; 90-372, eff.
21 7-1-98; revised 8-18-97.)
22 (225 ILCS 65/20-50, formerly 65/26)
23 Sec. 20-50. 26. Limitation on action. All proceedings to
24 suspend, revoke, or take any other disciplinary action as the
25 Department may deem proper, with regard to a license on any
26 of the foregoing grounds may not be commenced later than 3
27 years next after the commission of any act which is a ground
28 for discipline or a final conviction order for any of the
29 acts described herein. In the event of the settlement of any
30 claim or cause of action in favor of the claimant or the
31 reduction to the final judgment of any civil action in favor
32 of the plaintiff, such claim, cause of action or civil action
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1 being rounded on the allegation that a person licensed under
2 this Act was negligent in providing care, the Department
3 shall have an additional period of one year from the date of
4 such settlement or final judgment in which to investigate and
5 commence formal disciplinary proceedings under Section 25 of
6 this Act, except as otherwise provided by law. The time
7 during which the holder of the license was outside the State
8 of Illinois shall not be included within any period of time
9 limiting the commencement of disciplinary action by the
10 Board.
11 (Source: P.A. 90-61, eff. 12-30-97.)
12 (225 ILCS 65/20-55, formerly 65/27)
13 Sec. 20-55. 27. Suspension for imminent danger. The
14 Director of the Department may, upon receipt of a written
15 communication from the Secretary of Human Services, the
16 Director of Public Aid, or the Director of Public Health that
17 continuation of practice of a person licensed under this Act
18 constitutes an immediate danger to the public, immediately
19 suspend the license of such person without a hearing. In
20 instances in which the Director immediately suspends a
21 license under this Section, a hearing upon such person's
22 license must be convened by the Department within 30 days
23 after such suspension and completed without appreciable
24 delay, such hearing held to determine whether to recommend to
25 the Director that the person's license be revoked, suspended,
26 placed on probationary status or reinstated, or such person
27 be subject to other disciplinary action. In such hearing,
28 the written communication and any other evidence submitted
29 therewith may be introduced as evidence against such person;
30 provided, however, the person, or his or her counsel, shall
31 have the opportunity to discredit or impeach and submit
32 evidence rebutting such evidence.
33 (Source: P.A. 89-507, eff. 7-1-97; 90-61, eff. 12-30-97.)
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1 (225 ILCS 65/20-65, formerly 65/29)
2 Sec. 20-65. 29. Liability of State. In the event that
3 the Department's order of revocation, suspension, placing the
4 licensee on probationary status, or other order of formal
5 disciplinary action is without any reasonable basis, then the
6 State of Illinois shall be liable to the injured party for
7 those special damages suffered as a direct result of such
8 order.
9 (Source: P.A. 85-981.)
10 (225 ILCS 65/20-70, formerly 65/30)
11 Sec. 20-70. 30. Right to legal counsel. No action of a
12 disciplinary nature that is predicated on charges alleging
13 unethical or unprofessional conduct of a person who is a
14 registered professional nurse or a licensed practical nurse
15 and that can be reasonably expected to affect adversely that
16 person's maintenance of her or his present, or her or his
17 securing of future, employment as such a nurse may be taken
18 by the Department, by any association, or by any person
19 unless the person against whom such charges are made is
20 afforded the right to be represented by legal counsel of her
21 or his choosing and to present any witness, whether an
22 attorney or otherwise to testify on matters relevant to such
23 charges.
24 (Source: P.A. 90-61, eff. 12-30-97.)
25 (225 ILCS 65/20-75, formerly 65/31)
26 Sec. 20-75. 31. Injunctive remedies.
27 (a) If any person violates the provision of this Act,
28 the Director may, in the name of the People of the State of
29 Illinois, through the Attorney General of the State of
30 Illinois, or the State's Attorney of any county in which the
31 action is brought, petition for an order enjoining such
32 violation or for an order enforcing compliance with this Act.
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1 Upon the filing of a verified petition in court, the court
2 may issue a temporary restraining order, without notice or
3 bond, and may preliminarily and permanently enjoin such
4 violation, and if it is established that such person has
5 violated or is violating the injunction, the court may punish
6 the offender for contempt of court. Proceedings under this
7 Section shall be in addition to, and not in lieu of, all
8 other remedies and penalties provided by this Act.
9 (b) If any person shall practice as a nurse or hold
10 herself or himself out as a nurse without being licensed
11 under the provisions of this Act, then any licensed nurse,
12 any interested party, or any person injured thereby may, in
13 addition to the Director, petition for relief as provided in
14 subsection (a) of this Section.
15 Whoever knowingly practices or offers to practice nursing
16 in this State without a license for that purpose shall be
17 guilty of a Class A misdemeanor and for each subsequent
18 conviction, shall be guilty of a Class 4 felony. All criminal
19 fines, monies, or other property collected or received by the
20 Department under this Section or any other State or federal
21 statute, including, but not limited to, property forfeited to
22 the Department under Section 505 of the Illinois Controlled
23 Substances Act, shall be deposited into the Professional
24 Regulation Evidence Fund.
25 (c) Whenever in the opinion of the Department any person
26 violates any provision of this Act, the Department may issue
27 a rule to show cause why an order to cease and desist should
28 not be entered against him. The rule shall clearly set forth
29 the grounds relied upon by the Department and shall provide a
30 period of 7 days from the date of the rule to file an answer
31 to the satisfaction of the Department. Failure to answer to
32 the satisfaction of the Department shall cause an order to
33 cease and desist to be issued forthwith.
34 (Source: P.A. 86-685.)
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1 (225 ILCS 65/20-80, formerly 65/32)
2 Sec. 20-80. 32. Investigation; notice; hearing. Prior to
3 bringing an action before the Board, the Department may
4 investigate the actions of any applicant or of any person or
5 persons holding or claiming to hold a license. The
6 Department shall, before suspending, revoking, placing on
7 probationary status, or taking any other disciplinary action
8 as the Department may deem proper with regard to any license,
9 at least 30 days prior to the date set for the hearing,
10 notify the accused in writing of any charges made and the
11 time and place for a hearing of the charges before the Board,
12 direct her or him to file a written answer thereto to the
13 Board under oath within 20 days after the service of such
14 notice and inform the licensee that if she or he fails to
15 file such answer default will be taken against the licensee
16 and such license may be suspended, revoked, placed on
17 probationary status, or have other disciplinary action,
18 including limiting the scope, nature or extent of her or his
19 practice, as the Department may deem proper taken with regard
20 thereto. Such written notice may be served by personal
21 delivery or certified or registered mail to the respondent at
22 the address of her or his last notification to the
23 Department. At the time and place fixed in the notice, the
24 Department shall proceed to hear the charges and the parties
25 or their counsel shall be accorded ample opportunity to
26 present such statements, testimony, evidence and argument as
27 may be pertinent to the charges or to the defense to the
28 charges. The Department may continue a hearing from time to
29 time. In case the accused person, after receiving notice,
30 fails to file an answer, her or his license may in the
31 discretion of the Director, having received first the
32 recommendation of the Board, be suspended, revoked, placed on
33 probationary status, or the Director may take whatever
34 disciplinary action as he or she may deem proper, including
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1 limiting the scope, nature, or extent of said person's
2 practice, without a hearing, if the act or acts charged
3 constitute sufficient grounds for such action under this Act.
4 (Source: P.A. 90-61, eff. 12-30-97.)
5 (225 ILCS 65/20-85, formerly 65/33)
6 Sec. 20-85. 33. Stenographer; transcript. The
7 Department, at its expense, shall provide a stenographer to
8 take down the testimony and preserve a record of all
9 proceedings at the hearing of any case wherein any
10 disciplinary action is taken regarding a license. The notice
11 of hearing, complaint and all other documents in the nature
12 of pleadings and written motions filed in the proceedings,
13 the transcript of testimony, the report of the Board and the
14 orders of the Department shall be the record of the
15 proceedings. The Department shall furnish a transcript of
16 the record to any person interested in the hearing upon
17 payment of the fee required under Section 60f of the Civil
18 Administrative Code of Illinois.
19 (Source: P.A. 90-61, eff. 12-30-97.)
20 (225 ILCS 65/20-90, formerly 65/34)
21 Sec. 20-90. 34. Compelled testimony and production of
22 documents. Any circuit court may, upon application of the
23 Department or designee or of the applicant or licensee
24 against whom proceedings upon Section 20-80 32 of this Act
25 are pending, enter an order requiring the attendance of
26 witnesses and their testimony, and the production of
27 documents, papers, files, books and records in connection
28 with any hearing or investigation. The court may compel
29 obedience to its order by proceedings for contempt.
30 (Source: P.A. 85-981.)
31 (225 ILCS 65/20-95, formerly 65/35)
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1 Sec. 20-95. 35. Subpoena power; oaths. The Department
2 shall have power to subpoena and bring before it any person
3 in this State and to take testimony, either orally or by
4 deposition or both, with the same fees and mileage and in the
5 same manner as prescribed by law in judicial proceedings in
6 civil cases in circuit courts of this State.
7 The Director and any member of the Board designated by
8 the Director shall each have power to administer oaths to
9 witnesses at any hearing which the Department is authorized
10 to conduct under this Act, and any other oaths required or
11 authorized to be administered by the Department under this
12 Act.
13 (Source: P.A. 90-61, eff. 12-30-97.)
14 (225 ILCS 65/20-100, formerly 65/36)
15 Sec. 20-100. 36. Board report. At the conclusion of the
16 hearing the Board shall present to the Director a written
17 report of its findings of fact, conclusions of law, and
18 recommendations. The report shall contain a finding whether
19 or not the accused person violated this Act or failed to
20 comply with the conditions required in this Act. The report
21 shall specify the nature of the violation or failure to
22 comply, and the Board shall make its recommendations to the
23 Director.
24 The report of findings of fact, conclusions of law, and
25 recommendation of the Board shall be the basis for the
26 Department's order of refusal or for the granting of a
27 license or permit unless the Director shall determine that
28 the report is contrary to the manifest weight of the
29 evidence, in which case the Director may issue an order in
30 contravention of the report. The findings are not admissible
31 in evidence against the person in a criminal prosecution
32 brought for the violation of this Act, but the hearing and
33 findings are not a bar to a criminal prosecution brought for
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1 the violation of this Act.
2 (Source: P.A. 90-61, eff. 12-30-97.)
3 (225 ILCS 65/20-105, formerly 65/37)
4 Sec. 20-105. 37. Hearing officer. The Director shall have
5 the authority to appoint an attorney duly licensed to
6 practice law in the State of Illinois to serve as the hearing
7 officer in any action before the Board to revoke, suspend,
8 place on probation, reprimand, fine, or take any other
9 disciplinary action with regard to a license. The hearing
10 officer shall have full authority to conduct the hearing.
11 The Board shall have the right to have at least one member
12 present at any hearing conducted by such hearing officer.
13 There may be present at least one RN member of the Board at
14 any such hearing or disciplinary conference. An LPN member
15 or LPN educator may be present for hearings and disciplinary
16 conferences of an LPN. The hearing officer shall report her
17 or his findings and recommendations to the Board within 30
18 days of the receipt of the record. The Board shall have 90
19 days from receipt of the report to review the report of the
20 hearing officer and present their findings of fact,
21 conclusions of law and recommendations to the Director. If
22 the Board fails to present its report within the 90-day
23 period, the Director may issue an order based on the report
24 of the hearing officer. However, if the Board does present
25 its report within the specified 90 days, the Director's
26 order shall be based upon the report of the Board.
27 (Source: P.A. 90-61, eff. 12-30-97.)
28 (225 ILCS 65/20-110, formerly 65/38)
29 Sec. 20-110. 38. Motion for rehearing. In any case
30 involving refusal to issue, renew, or the discipline of a
31 license, a copy of the Board's report shall be served upon
32 the respondent by the Department, either personally or as
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1 provided in this Act, for the service of the notice of
2 hearing. Within 20 days after such service, the respondent
3 may present to the Department a motion in writing for a
4 rehearing, which motion shall specify the particular grounds
5 for a rehearing. If no motion for rehearing is filed, then
6 upon the expiration of the time then upon such denial the
7 Director may enter an order in accordance with
8 recommendations of the Board except as provided in Sections
9 20-100 and 20-105 Section 36 and 37 of this Act. If the
10 respondent shall order from the reporting service, and pay
11 for a transcript of the record within the time for filing a
12 motion for rehearing, the 20 day period within which such a
13 motion may be filed shall commence upon the delivery of the
14 transcript to the respondent.
15 (Source: P.A. 90-61, eff. 12-30-97.)
16 (225 ILCS 65/20-115, formerly 65/39)
17 Sec. 20-115. 39. Order for rehearing. Whenever the
18 Director is satisfied that substantial justice has not been
19 done in the revocation, suspension, or refusal to issue or
20 renew a license, the Director may order a hearing by the same
21 or another hearing officer or the Board.
22 (Source: P.A. 90-61, eff. 12-30-97.)
23 (225 ILCS 65/20-120, formerly 65/40)
24 Sec. 20-120. 40. Order of Director. An order regarding
25 any disciplinary action, or a certified copy thereof over the
26 seal of the Department and purporting to be signed by the
27 Director shall be prima facie evidence that:
28 (a) such signature is the genuine signature of the
29 Director;
30 (b) that such Director is duly appointed and qualified;
31 and
32 (c) that the Board and the Board members are qualified
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1 to act.
2 (Source: P.A. 90-61, eff. 12-30-97.)
3 (225 ILCS 65/20-125, formerly 65/41)
4 Sec. 20-125. 41. Restoration after suspension or
5 revocation. At any time after the suspension or revocation
6 of any license, the Department may restore it to the accused
7 person, unless, after an investigation and a hearing, the
8 Department determines that restoration is not in the public
9 interest.
10 (Source: P.A. 85-981.)
11 (225 ILCS 65/20-130, formerly 65/42)
12 Sec. 20-130. 42. Surrender of license. Upon revocation or
13 suspension of any license, the licensee shall forthwith
14 surrender the license to the Department and if the licensee
15 fails to do so, the Department shall have the right to seize
16 the license.
17 (Source: P.A. 90-61, eff. 12-30-97.)
18 (225 ILCS 65/20-135, formerly 65/43)
19 Sec. 20-135. 43. Temporary suspension. The Director may
20 temporarily suspend the license of a nurse without a hearing,
21 simultaneously with the institution of proceedings for a
22 hearing provided for in Section 20-80 32 of this Act, if the
23 Director finds that evidence in his or her possession
24 indicates that continuation in practice would constitute an
25 imminent danger to the public. In the event that the
26 Director suspends, temporarily, this license without a
27 hearing, a hearing by the Department must be held within 30
28 days after the suspension has occurred, and be concluded
29 without appreciable delay.
30 Proceedings for judicial review shall be commenced in the
31 circuit court of the county in which the party applying for
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1 review resides; but if the party is not a resident of this
2 State, the venue shall be in Sangamon County.
3 (Source: P.A. 90-61, eff. 12-30-97.)
4 (225 ILCS 65/20-140, formerly 65/44)
5 Sec. 20-140. 44. Administrative Review Law. All final
6 administrative decisions of the Department hereunder shall be
7 subject to judicial review pursuant to the revisions of the
8 "Administrative Review Law," and all amendments and
9 modifications thereof, and the rule adopted pursuant thereto.
10 The term "administrative decision" is defined as in Section
11 3-101 of the Code of Civil Procedure.
12 (Source: P.A. 85-981.)
13 (225 ILCS 65/20-145, formerly 65/45)
14 Sec. 20-145. 45. Certification of record. The Department
15 shall not be required to certify any record to the Court or
16 file any answer in court or otherwise appear in any court in
17 a judicial review proceeding, unless there is filed in the
18 court, with the complaint, a receipt from the Department
19 acknowledging payment of the costs of furnishing and
20 certifying the record. Failure on the part of the plaintiff
21 to file such receipt in Court shall be grounds for dismissal
22 of the action.
23 (Source: P.A. 87-1031.)
24 (225 ILCS 65/20-150, formerly 65/46)
25 Sec. 20-150. 46. Criminal penalties. Any person who is
26 found to have violated any provision of this Act is guilty of
27 a Class A misdemeanor. On conviction of a second or
28 subsequent offense, the violator shall be guilty of a Class 4
29 felony.
30 (Source: P.A. 85-981.)
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1 (225 ILCS 65/20-155, formerly 65/47)
2 Sec. 20-155. 47. Pending actions. All disciplinary
3 actions taken or pending pursuant to the Illinois Nursing
4 Act, approved June 14, 1951, as amended, shall, for the
5 actions taken, remain in effect, and for the actions pending,
6 shall be continued, on the effective date of this Act without
7 having separate actions filed by the Department.
8 (Source: P.A. 90-61, eff. 12-30-97.)
9 (225 ILCS 65/20-160, formerly 65/48)
10 Sec. 20-160. 48. Illinois Administrative Procedure Act.
11 The Illinois Administrative Procedure Act is hereby expressly
12 adopted and incorporated herein as if all of the provisions
13 of that Act were included in this Act, except that the
14 provision of subsection (d) of Section 10-65 of the Illinois
15 Administrative Procedure Act that provides that at hearings
16 the licensee has the right to show compliance with all lawful
17 requirements for retention, continuation or renewal of the
18 license is specifically excluded. For the purposes of this
19 Act, the notice required under Section 10-25 of the Illinois
20 Administrative Procedure Act is deemed sufficient when mailed
21 to the last known address of a party.
22 (Source: P.A. 88-45.)
23 (225 ILCS 65/20-165, formerly 65/49)
24 Sec. 20-165. 49. Home rule preemption. It is declared to
25 be the public policy of this State, pursuant to paragraphs
26 (h) and (i) of Section 6 of Article VII of the Illinois
27 Constitution of 1970, that any power or function set forth in
28 this Act to be exercised by the State is an exclusive State
29 power or function. Such power or function shall not be
30 exercised concurrently, either directly or indirectly, by any
31 unit of local government, including home rule units, except
32 as otherwise provided in this Act.
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1 (Source: P.A. 85-981.)
2 (225 ILCS 65/10 rep.)
3 (225 ILCS 65/11 rep.)
4 (225 ILCS 65/20 rep.)
5 (225 ILCS 65/25 rep.)
6 (225 ILCS 65/28 rep.)
7 Section 20. The Illinois Nursing Act of 1987 is amended
8 by repealing Sections 10, 11, 20, 25, and 28.
9 Section 30. The Pharmacy Practice Act of 1987 is amended
10 by changing Sections 3 and 4 as follows:
11 (225 ILCS 85/3) (from Ch. 111, par. 4123)
12 Sec. 3. Definitions. For the purpose of this Act, except
13 where otherwise limited therein:
14 (a) "Pharmacy" or "drugstore" means and includes every
15 store, shop, pharmacy department, or other place where
16 pharmaceutical care is provided by a pharmacist (1) where
17 drugs, medicines, or poisons are dispensed, sold or offered
18 for sale at retail, or displayed for sale at retail; or (2)
19 where prescriptions of physicians, dentists, veterinarians,
20 podiatrists, or therapeutically certified optometrists,
21 within the limits of their licenses, are compounded, filled,
22 or dispensed; or (3) which has upon it or displayed within
23 it, or affixed to or used in connection with it, a sign
24 bearing the word or words "Pharmacist", "Druggist",
25 "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
26 "Medicine Store", "Prescriptions", "Drugs", "Medicines", or
27 any word or words of similar or like import, either in the
28 English language or any other language; or (4) where the
29 characteristic prescription sign (Rx) or similar design is
30 exhibited; or (5) any store, or shop, or other place with
31 respect to which any of the above words, objects, signs or
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1 designs are used in any advertisement.
2 (b) "Drugs" means and includes (l) articles recognized
3 in the official United States Pharmacopoeia/National
4 Formulary (USP/NF), or any supplement thereto and being
5 intended for and having for their main use the diagnosis,
6 cure, mitigation, treatment or prevention of disease in man
7 or other animals, as approved by the United States Food and
8 Drug Administration, but does not include devices or their
9 components, parts, or accessories; and (2) all other articles
10 intended for and having for their main use the diagnosis,
11 cure, mitigation, treatment or prevention of disease in man
12 or other animals, as approved by the United States Food and
13 Drug Administration, but does not include devices or their
14 components, parts, or accessories; and (3) articles (other
15 than food) having for their main use and intended to affect
16 the structure or any function of the body of man or other
17 animals; and (4) articles having for their main use and
18 intended for use as a component or any articles specified in
19 clause (l), (2) or (3); but does not include devices or their
20 components, parts or accessories.
21 (c) "Medicines" means and includes all drugs intended
22 for human or veterinary use approved by the United States
23 Food and Drug Administration.
24 (d) "Practice of pharmacy" means the provision of
25 pharmaceutical care to patients as determined by the
26 pharmacist's professional judgment in the following areas,
27 which may include but are not limited to (1) patient
28 counseling, (2) interpretation and assisting in the
29 monitoring of appropriate drug use and prospective drug
30 utilization review, (3) providing information on the
31 therapeutic values, reactions, drug interactions, side
32 effects, uses, selection of medications and medical devices,
33 and outcome of drug therapy, (4) participation in drug
34 selection, drug monitoring, drug utilization review,
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1 evaluation, administration, interpretation, application of
2 pharmacokinetic and laboratory data to design safe and
3 effective drug regimens, (5) drug research (clinical and
4 scientific), and (6) compounding and dispensing of drugs and
5 medical devices.
6 (e) "Prescription" means and includes any written, oral,
7 facsimile, or electronically transmitted order for drugs or
8 medical devices, issued by a physician licensed to practice
9 medicine in all its branches, dentist, veterinarian, or
10 podiatrist, or therapeutically certified optometrist, within
11 the limits of their licenses, or by a physician assistant in
12 accordance with subsection (f) of Section 4, or by an
13 advanced practice registered nurse in accordance with
14 subsection (g) of Section 4, containing the following: (l)
15 name of the patient; (2) date when prescription was issued;
16 (3) name and strength of drug or description of the medical
17 device prescribed; and (4) quantity, (5) directions for use,
18 (6) prescriber's name, address and signature, and (7) DEA
19 number where required, for controlled substances. DEA numbers
20 shall not be required on inpatient drug orders.
21 (f) "Person" means and includes a natural person,
22 copartnership, association, corporation, government entity,
23 or any other legal entity.
24 (g) "Department" means the Department of Professional
25 Regulation.
26 (h) "Board of Pharmacy" or "Board" means the State Board
27 of Pharmacy of the Department of Professional Regulation.
28 (i) "Director" means the Director of Professional
29 Regulation.
30 (j) "Drug product selection" means the interchange for a
31 prescribed pharmaceutical product in accordance with Section
32 25 of this Act and Section 3.14 of the Illinois Food, Drug
33 and Cosmetic Act.
34 (k) "Inpatient drug order" means an order issued by an
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1 authorized prescriber for a resident or patient of a facility
2 licensed under the Nursing Home Care Act or the Hospital
3 Licensing Act, or "An Act in relation to the founding and
4 operation of the University of Illinois Hospital and the
5 conduct of University of Illinois health care programs",
6 approved July 3, 1931, as amended, or a facility which is
7 operated by the Department of Human Services (as successor to
8 the Department of Mental Health and Developmental
9 Disabilities) or the Department of Corrections.
10 (k-5) "Pharmacist" means an individual currently
11 licensed by this State to engage in the practice of pharmacy.
12 (l) "Pharmacist in charge" means the licensed pharmacist
13 whose name appears on a pharmacy license who is responsible
14 for all aspects of the operation related to the practice of
15 pharmacy.
16 (m) "Dispense" means the delivery of drugs and medical
17 devices, in accordance with applicable State and federal laws
18 and regulations, to the patient or the patient's
19 representative authorized to receive these products,
20 including the compounding, packaging, and labeling necessary
21 for delivery, and any recommending or advising concerning the
22 contents and therapeutic values and uses thereof. "Dispense"
23 does not mean the physical delivery to a patient or a
24 patient's representative in a home or institution by a
25 designee of a pharmacist or by common carrier. "Dispense"
26 also does not mean the physical delivery of a drug or medical
27 device to a patient or patient's representative by a
28 pharmacist's designee within a pharmacy or drugstore while
29 the pharmacist is on duty and the pharmacy is open.
30 (n) "Mail-order pharmacy" means a pharmacy that is
31 located in a state of the United States, other than Illinois,
32 that delivers, dispenses or distributes, through the United
33 States Postal Service or other common carrier, to Illinois
34 residents, any substance which requires a prescription.
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1 (o) "Compounding" means the preparation, mixing,
2 assembling, packaging, or labeling of a drug or medical
3 device: (1) as the result of a practitioner's prescription
4 drug order or initiative that is dispensed pursuant to a
5 prescription in the course of professional practice; or (2)
6 for the purpose of, or incident to, research, teaching, or
7 chemical analysis; or (3) in anticipation of prescription
8 drug orders based on routine, regularly observed prescribing
9 patterns.
10 (p) "Confidential information" means information,
11 maintained by the pharmacist in the patient's records,
12 released only (i) to the patient or, as the patient directs,
13 to other practitioners and other pharmacists or (ii) to any
14 other person authorized by law to receive the information.
15 (q) "Prospective drug review" or "drug utilization
16 evaluation" means a screening for potential drug therapy
17 problems due to therapeutic duplication, drug-disease
18 contraindications, drug-drug interactions (including serious
19 interactions with nonprescription or over-the-counter drugs),
20 drug-food interactions, incorrect drug dosage or duration of
21 drug treatment, drug-allergy interactions, and clinical abuse
22 or misuse.
23 (r) "Patient counseling" means the communication between
24 a pharmacist or a student pharmacist under the direct
25 supervision of a pharmacist and a patient or the patient's
26 representative about the patient's medication or device for
27 the purpose of optimizing proper use of prescription
28 medications or devices. The offer to counsel by the
29 pharmacist or the pharmacist's designee, and subsequent
30 patient counseling by the pharmacist or student pharmacist,
31 shall be made in a face-to-face communication with the
32 patient or patient's representative unless, in the
33 professional judgment of the pharmacist, a face-to-face
34 communication is deemed inappropriate or unnecessary. In
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1 that instance, the offer to counsel or patient counseling may
2 be made in a written communication, by telephone, or in a
3 manner determined by the pharmacist to be appropriate.
4 (s) "Patient profiles" or "patient drug therapy record"
5 means the obtaining, recording, and maintenance of patient
6 prescription and personal information.
7 (t) "Pharmaceutical care" includes, but is not limited
8 to, the act of monitoring drug use and other patient care
9 services intended to achieve outcomes that improve the
10 patient's quality of life but shall not include the sale of
11 over-the-counter drugs by a seller of goods and services who
12 does not dispense prescription drugs.
13 (u) "Medical device" means an instrument, apparatus,
14 implement, machine, contrivance, implant, in vitro reagent,
15 or other similar or related article, including any component
16 part or accessory, required under federal law to bear the
17 label "Caution: Federal law requires dispensing by or on the
18 order of a physician". A seller of goods and services who,
19 only for the purpose of retail sales, compounds, sells,
20 rents, or leases medical devices shall not, by reasons
21 thereof, be required to be a licensed pharmacy.
22 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97;
23 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; revised 8-5-97.)
24 (225 ILCS 85/4) (from Ch. 111, par. 4124)
25 Sec. 4. Exemptions. Nothing contained in any Section of
26 this Act shall apply to, or in any manner interfere with:
27 (a) the lawful practice of any physician licensed to
28 practice medicine in all of its branches, dentist,
29 podiatrist, veterinarian, or therapeutically or
30 diagnostically certified optometrist within the limits of his
31 or her license, or prevent him or her from supplying to his
32 or her bona fide patients such drugs, medicines, or poisons
33 as may seem to him appropriate;
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1 (b) the sale of compressed gases;
2 (c) the sale of patent or proprietary medicines and
3 household remedies when sold in original and unbroken
4 packages only, if such patent or proprietary medicines and
5 household remedies be properly and adequately labeled as to
6 content and usage and generally considered and accepted as
7 harmless and nonpoisonous when used according to the
8 directions on the label, and also do not contain opium or
9 coca leaves, or any compound, salt or derivative thereof, or
10 any drug which, according to the latest editions of the
11 following authoritative pharmaceutical treatises and
12 standards, namely, The United States Pharmacopoeia/National
13 Formulary (USP/NF), the United States Dispensatory, and the
14 Accepted Dental Remedies of the Council of Dental
15 Therapeutics of the American Dental Association or any or
16 either of them, in use on the effective date of this Act, or
17 according to the existing provisions of the Federal Food,
18 Drug, and Cosmetic Act and Regulations of the Department of
19 Health and Human Services, Food and Drug Administration,
20 promulgated thereunder now in effect, is designated,
21 described or considered as a narcotic, hypnotic, habit
22 forming, dangerous, or poisonous drug;
23 (d) the sale of poultry and livestock remedies in
24 original and unbroken packages only, labeled for poultry and
25 livestock medication; and
26 (e) the sale of poisonous substances or mixture of
27 poisonous substances, in unbroken packages, for nonmedicinal
28 use in the arts or industries or for insecticide purposes;
29 provided, they are properly and adequately labeled as to
30 content and such nonmedicinal usage, in conformity with the
31 provisions of all applicable federal, state and local laws
32 and regulations promulgated thereunder now in effect relating
33 thereto and governing the same, and those which are required
34 under such applicable laws and regulations to be labeled with
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1 the word "Poison", are also labeled with the word "Poison"
2 printed thereon in prominent type and the name of a readily
3 obtainable antidote with directions for its administration;
4 and
5 (f) the delegation of limited prescriptive authority by
6 a physician licensed to practice medicine in all its branches
7 to a physician assistant under Section 7.5 of the Physician
8 Assistant Practice Act of 1987. This delegated authority may
9 but is not required to include prescription of Schedule III,
10 IV, or V controlled substances, as defined in Article II of
11 the Illinois Controlled Substances Act, in accordance with
12 written guidelines under Section 7.5 of the Physician
13 Assistant Practice Act of 1987; and .
14 (g) The delegation of limited prescriptive authority by
15 a physician licensed to practice medicine in all its branches
16 to an advanced practice registered nurse in accordance with a
17 written collaborative and interactive team agreement under
18 Sections 15-15 and 15-20 of the Nursing and Advanced Practice
19 Nursing Act. This delegated authority may but is not
20 required to include the prescription of Schedule III, IV, or
21 V controlled substances as defined in Article II of the
22 Illinois Controlled Substances Act.
23 (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
24 revised 8-5-97.)
25 Section 35. The Physician Assistant Practice Act of 1987
26 is amended by changing Section 7 as follows:
27 (225 ILCS 95/7) (from Ch. 111, par. 4607)
28 Sec. 7. Supervision requirements. No more than 2
29 physician assistants or their full-time equivalents shall be
30 supervised by the supervising physician, although a physician
31 assistant shall be able to hold more than one professional
32 position. Each supervising physician shall file a notice of
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1 supervision of such physician assistant according to the
2 rules of the Department. However, the alternate supervising
3 physician may supervise more than 2 physician assistants or
4 their full-time equivalents when the supervising physician is
5 unable to provide such supervision consistent with the
6 definition of alternate physician in Section 4. Physician
7 assistants shall be supervised only by physicians as defined
8 in this Act who are engaged in clinical practice, or in
9 clinical practice in public health or other community health
10 facilities. Nothing in this Act shall be construed to limit
11 the delegation of tasks or duties by a physician to a nurse
12 or other appropriately trained personnel. Nothing in this Act
13 shall be construed to prohibit the employment of physician
14 assistants by a hospital, nursing home or other health care
15 facility where such physician assistants function under the
16 supervision of a supervising physician. Physician assistants
17 may be employed by the Department of Corrections or the
18 Department of Human Services (as successor to the Department
19 of Mental Health and Developmental Disabilities) for service
20 in facilities maintained by such Departments and affiliated
21 training facilities in programs conducted under the authority
22 of the Director of Corrections or the Secretary of Human
23 Services. Each physician assistant employed by the
24 Department of Corrections or the Department of Human Services
25 (as successor to the Department of Mental Health and
26 Developmental Disabilities) shall be under the supervision of
27 a physician engaged in clinical practice and direct patient
28 care. Duties of each physician assistant employed by such
29 Departments are limited to those within the scope of practice
30 of the supervising physician who is fully responsible for all
31 physician assistant activities.
32 Nothing in this Act shall be construed to limit the
33 delegation of tasks or duties by a physician licensed to
34 practice medicine in all its branches to a nurse or other
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1 personnel.
2 (Source: P.A. 89-507, eff. 7-1-97; 90-116, eff. 7-14-97.)
3 Section 40. The Illinois Controlled Substances Act is
4 amended by changing Sections 102 and 103 as follows:
5 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
6 Sec. 102. Definitions. As used in this Act, unless the
7 context otherwise requires:
8 (a) "Addict" means any person who habitually uses any
9 drug, chemical, substance or dangerous drug other than
10 alcohol so as to endanger the public morals, health, safety
11 or welfare or who is so far addicted to the use of a
12 dangerous drug or controlled substance other than alcohol as
13 to have lost the power of self control with reference to his
14 addiction.
15 (b) "Administer" means the direct application of a
16 controlled substance, whether by injection, inhalation,
17 ingestion, or any other means, to the body of a patient or
18 research subject by:
19 (1) a practitioner (or, in his presence, by his
20 authorized agent), or
21 (2) the patient or research subject at the lawful
22 direction of the practitioner.
23 (c) "Agent" means an authorized person who acts on
24 behalf of or at the direction of a manufacturer, distributor,
25 or dispenser. It does not include a common or contract
26 carrier, public warehouseman or employee of the carrier or
27 warehouseman.
28 (c-1) "Anabolic Steroids" means any drug or hormonal
29 substance, chemically and pharmacologically related to
30 testosterone (other than estrogens, progestins, and
31 corticosteroids) that promotes muscle growth, and includes:
32 (i) boldenone,
-90- LRB9007862NTsbC
1 (ii) chlorotestosterone,
2 (iii) chostebol,
3 (iv) dehydrochlormethyltestosterone,
4 (v) dihydrotestosterone,
5 (vi) drostanolone,
6 (vii) ethylestrenol,
7 (viii) fluoxymesterone,
8 (ix) formebulone,
9 (x) mesterolone,
10 (xi) methandienone,
11 (xii) methandranone,
12 (xiii) methandriol,
13 (xiv) methandrostenolone,
14 (xv) methenolone,
15 (xvi) methyltestosterone,
16 (xvii) mibolerone,
17 (xviii) nandrolone,
18 (xix) norethandrolone,
19 (xx) oxandrolone,
20 (xxi) oxymesterone,
21 (xxii) oxymetholone,
22 (xxiii) stanolone,
23 (xxiv) stanozolol,
24 (xxv) testolactone,
25 (xxvi) testosterone,
26 (xxvii) trenbolone, and
27 (xxviii) any salt, ester, or isomer of a drug
28 or substance described or listed in this paragraph,
29 if that salt, ester, or isomer promotes muscle
30 growth.
31 Any person who is otherwise lawfully in possession of an
32 anabolic steroid, or who otherwise lawfully manufactures,
33 distributes, dispenses, delivers, or possesses with intent to
34 deliver an anabolic steroid, which anabolic steroid is
-91- LRB9007862NTsbC
1 expressly intended for and lawfully allowed to be
2 administered through implants to livestock or other nonhuman
3 species, and which is approved by the Secretary of Health and
4 Human Services for such administration, and which the person
5 intends to administer or have administered through such
6 implants, shall not be considered to be in unauthorized
7 possession or to unlawfully manufacture, distribute,
8 dispense, deliver, or possess with intent to deliver such
9 anabolic steroid for purposes of this Act.
10 (d) "Administration" means the Drug Enforcement
11 Administration, United States Department of Justice, or its
12 successor agency.
13 (e) "Control" means to add a drug or other substance, or
14 immediate precursor, to a Schedule under Article II of this
15 Act whether by transfer from another Schedule or otherwise.
16 (f) "Controlled Substance" means a drug, substance, or
17 immediate precursor in the Schedules of Article II of this
18 Act.
19 (g) "Counterfeit substance" means a controlled
20 substance, which, or the container or labeling of which,
21 without authorization bears the trademark, trade name, or
22 other identifying mark, imprint, number or device, or any
23 likeness thereof, of a manufacturer, distributor, or
24 dispenser other than the person who in fact manufactured,
25 distributed, or dispensed the substance.
26 (h) "Deliver" or "delivery" means the actual,
27 constructive or attempted transfer of possession of a
28 controlled substance, with or without consideration, whether
29 or not there is an agency relationship.
30 (i) "Department" means the Illinois Department of Human
31 Services (as successor to the Department of Alcoholism and
32 Substance Abuse) or its successor agency.
33 (j) "Department of State Police" means the Department of
34 State Police of the State of Illinois or its successor
-92- LRB9007862NTsbC
1 agency.
2 (k) "Department of Corrections" means the Department of
3 Corrections of the State of Illinois or its successor agency.
4 (l) "Department of Professional Regulation" means the
5 Department of Professional Regulation of the State of
6 Illinois or its successor agency.
7 (m) "Depressant" or "stimulant substance" means:
8 (1) a drug which contains any quantity of (i)
9 barbituric acid or any of the salts of barbituric acid
10 which has been designated as habit forming under section
11 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
12 U.S.C. 352 (d)); or
13 (2) a drug which contains any quantity of (i)
14 amphetamine or methamphetamine and any of their optical
15 isomers; (ii) any salt of amphetamine or methamphetamine
16 or any salt of an optical isomer of amphetamine; or (iii)
17 any substance which the Department, after investigation,
18 has found to be, and by rule designated as, habit forming
19 because of its depressant or stimulant effect on the
20 central nervous system; or
21 (3) lysergic acid diethylamide; or
22 (4) any drug which contains any quantity of a
23 substance which the Department, after investigation, has
24 found to have, and by rule designated as having, a
25 potential for abuse because of its depressant or
26 stimulant effect on the central nervous system or its
27 hallucinogenic effect.
28 (n) "Designated product" means any narcotic drug,
29 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
30 pentazocine or cannabis product listed in Schedule II and
31 also means a controlled substance listed in Schedule II which
32 is determined and designated by the Department or its
33 successor agency to be such a product. A designated product
34 shall only be dispensed upon an official prescription blank.
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1 (o) "Director" means the Director of the Department of
2 State Police or the Department of Professional Regulation or
3 his designated agents.
4 (p) "Dispense" means to deliver a controlled substance
5 to an ultimate user or research subject by or pursuant to the
6 lawful order of a prescriber, including the prescribing,
7 administering, packaging, labeling, or compounding necessary
8 to prepare the substance for that delivery.
9 (q) "Dispenser" means a practitioner who dispenses.
10 (r) "Distribute" means to deliver, other than by
11 administering or dispensing, a controlled substance.
12 (s) "Distributor" means a person who distributes.
13 (t) "Drug" means (1) substances recognized as drugs in
14 the official United States Pharmacopoeia, Official
15 Homeopathic Pharmacopoeia of the United States, or official
16 National Formulary, or any supplement to any of them; (2)
17 substances intended for use in diagnosis, cure, mitigation,
18 treatment, or prevention of disease in man or animals; (3)
19 substances (other than food) intended to affect the structure
20 of any function of the body of man or animals and (4)
21 substances intended for use as a component of any article
22 specified in clause (1), (2), or (3) of this subsection. It
23 does not include devices or their components, parts, or
24 accessories.
25 (u) "Good faith" means the prescribing or dispensing of
26 a controlled substance by a practitioner in the regular
27 course of professional treatment to or for any person who is
28 under his treatment for a pathology or condition other than
29 that individual's physical or psychological dependence upon
30 or addiction to a controlled substance, except as provided
31 herein: and application of the term to a pharmacist shall
32 mean the dispensing of a controlled substance pursuant to the
33 prescriber's order which in the professional judgment of the
34 pharmacist is lawful. The pharmacist shall be guided by
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1 accepted professional standards including, but not limited to
2 the following, in making the judgment:
3 (1) lack of consistency of doctor-patient
4 relationship,
5 (2) frequency of prescriptions for same drug by one
6 prescriber for large numbers of patients,
7 (3) quantities beyond those normally prescribed,
8 (4) unusual dosages,
9 (5) unusual geographic distances between patient,
10 pharmacist and prescriber,
11 (6) consistent prescribing of habit-forming drugs.
12 (u-1) "Home infusion services" means services provided
13 by a pharmacy in compounding solutions for direct
14 administration to a patient in a private residence, long-term
15 care facility, or hospice setting by means of parenteral,
16 intravenous, intramuscular, subcutaneous, or intraspinal
17 infusion.
18 (v) "Immediate precursor" means a substance:
19 (1) which the Department has found to be and by
20 rule designated as being a principal compound used, or
21 produced primarily for use, in the manufacture of a
22 controlled substance;
23 (2) which is an immediate chemical intermediary
24 used or likely to be used in the manufacture of such
25 controlled substance; and
26 (3) the control of which is necessary to prevent,
27 curtail or limit the manufacture of such controlled
28 substance.
29 (w) "Instructional activities" means the acts of
30 teaching, educating or instructing by practitioners using
31 controlled substances within educational facilities approved
32 by the State Board of Education or its successor agency.
33 (x) "Local authorities" means a duly organized State,
34 County or Municipal peace unit or police force.
-95- LRB9007862NTsbC
1 (y) "Look-alike substance" means a substance, other than
2 a controlled substance which (1) by overall dosage unit
3 appearance, including shape, color, size, markings or lack
4 thereof, taste, consistency, or any other identifying
5 physical characteristic of the substance, would lead a
6 reasonable person to believe that the substance is a
7 controlled substance, or (2) is expressly or impliedly
8 represented to be a controlled substance or is distributed
9 under circumstances which would lead a reasonable person to
10 believe that the substance is a controlled substance. For the
11 purpose of determining whether the representations made or
12 the circumstances of the distribution would lead a reasonable
13 person to believe the substance to be a controlled substance
14 under this clause (2) of subsection (y), the court or other
15 authority may consider the following factors in addition to
16 any other factor that may be relevant:
17 (a) statements made by the owner or person in
18 control of the substance concerning its nature, use or
19 effect;
20 (b) statements made to the buyer or recipient that
21 the substance may be resold for profit;
22 (c) whether the substance is packaged in a manner
23 normally used for the illegal distribution of controlled
24 substances;
25 (d) whether the distribution or attempted
26 distribution included an exchange of or demand for money
27 or other property as consideration, and whether the
28 amount of the consideration was substantially greater
29 than the reasonable retail market value of the substance.
30 Clause (1) of this subsection (y) shall not apply to a
31 noncontrolled substance in its finished dosage form that was
32 initially introduced into commerce prior to the initial
33 introduction into commerce of a controlled substance in its
34 finished dosage form which it may substantially resemble.
-96- LRB9007862NTsbC
1 Nothing in this subsection (y) prohibits the dispensing
2 or distributing of noncontrolled substances by persons
3 authorized to dispense and distribute controlled substances
4 under this Act, provided that such action would be deemed to
5 be carried out in good faith under subsection (u) if the
6 substances involved were controlled substances.
7 Nothing in this subsection (y) or in this Act prohibits
8 the manufacture, preparation, propagation, compounding,
9 processing, packaging, advertising or distribution of a drug
10 or drugs by any person registered pursuant to Section 510 of
11 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
12 (y-1) "Mail-order pharmacy" means a pharmacy that is
13 located in a state of the United States, other than Illinois,
14 that delivers, dispenses or distributes, through the United
15 States Postal Service or other common carrier, to Illinois
16 residents, any substance which requires a prescription.
17 (z) "Manufacture" means the production, preparation,
18 propagation, compounding, conversion or processing of a
19 controlled substance, either directly or indirectly, by
20 extraction from substances of natural origin, or
21 independently by means of chemical synthesis, or by a
22 combination of extraction and chemical synthesis, and
23 includes any packaging or repackaging of the substance or
24 labeling of its container, except that this term does not
25 include:
26 (1) by an ultimate user, the preparation or
27 compounding of a controlled substance for his own use; or
28 (2) by a practitioner, or his authorized agent
29 under his supervision, the preparation, compounding,
30 packaging, or labeling of a controlled substance:
31 (a) as an incident to his administering or
32 dispensing of a controlled substance in the course
33 of his professional practice; or
34 (b) as an incident to lawful research,
-97- LRB9007862NTsbC
1 teaching or chemical analysis and not for sale.
2 (aa) "Narcotic drug" means any of the following, whether
3 produced directly or indirectly by extraction from substances
4 of natural origin, or independently by means of chemical
5 synthesis, or by a combination of extraction and chemical
6 synthesis:
7 (1) opium and opiate, and any salt, compound,
8 derivative, or preparation of opium or opiate;
9 (2) any salt, compound, isomer, derivative, or
10 preparation thereof which is chemically equivalent or
11 identical with any of the substances referred to in
12 clause (1), but not including the isoquinoline alkaloids
13 of opium;
14 (3) opium poppy and poppy straw;
15 (4) coca leaves and any salts, compound, isomer,
16 salt of an isomer, derivative, or preparation of coca
17 leaves including cocaine or ecgonine, and any salt,
18 compound, isomer, derivative, or preparation thereof
19 which is chemically equivalent or identical with any of
20 these substances, but not including decocainized coca
21 leaves or extractions of coca leaves which do not contain
22 cocaine or ecgonine (for the purpose of this paragraph,
23 the term "isomer" includes optical, positional and
24 geometric isomers).
25 (bb) "Nurse" means a registered nurse licensed under the
26 Illinois Nursing and Advanced Practice Nursing Act of 1987.
27 (cc) "Official prescription blanks" means the triplicate
28 prescription forms supplied to prescribers by the Department
29 for prescribing Schedule II Designated Product controlled
30 substances.
31 (dd) "Opiate" means any substance having an addiction
32 forming or addiction sustaining liability similar to morphine
33 or being capable of conversion into a drug having addiction
34 forming or addiction sustaining liability.
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1 (ee) "Opium poppy" means the plant of the species
2 Papaver somniferum L., except its seeds.
3 (ff) "Parole and Pardon Board" means the Parole and
4 Pardon Board of the State of Illinois or its successor
5 agency.
6 (gg) "Person" means any individual, corporation,
7 mail-order pharmacy, government or governmental subdivision
8 or agency, business trust, estate, trust, partnership or
9 association, or any other entity.
10 (hh) "Pharmacist" means any person who holds a
11 certificate of registration as a registered pharmacist, a
12 local registered pharmacist or a registered assistant
13 pharmacist under the Pharmacy Practice Act of 1987.
14 (ii) "Pharmacy" means any store, ship or other place in
15 which pharmacy is authorized to be practiced under the
16 Pharmacy Practice Act of 1987.
17 (jj) "Poppy straw" means all parts, except the seeds, of
18 the opium poppy, after mowing.
19 (kk) "Practitioner" means a physician licensed to
20 practice medicine in all its branches, dentist, podiatrist,
21 veterinarian, scientific investigator, pharmacist, physician
22 assistant, advanced practice registered nurse, licensed
23 practical nurse, registered nurse, hospital, laboratory, or
24 pharmacy, or other person licensed, registered, or otherwise
25 lawfully permitted by the United States or this State to
26 distribute, dispense, conduct research with respect to,
27 administer or use in teaching or chemical analysis, a
28 controlled substance in the course of professional practice
29 or research.
30 (ll) "Pre-printed prescription" means a written
31 prescription upon which the designated drug has been
32 indicated prior to the time of issuance.
33 (mm) "Prescriber" means a physician licensed to practice
34 medicine in all its branches, dentist, podiatrist or
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1 veterinarian who issues a prescription, or a physician
2 assistant who issues a prescription for a Schedule III, IV,
3 or V controlled substance as delegated by a physician
4 licensed to practice medicine in all its branches in
5 accordance with the written guidelines required under Section
6 7.5 of the Physician Assistant Practice Act of 1987, or an
7 advanced practice registered nurse with prescriptive
8 authority, as delegated by a physician licensed to practice
9 medicine in all its branches, in accordance with a written
10 collaborative and interactive team agreement under Sections
11 15-15 and 15-20 of the Nursing and Advanced Practice Nursing
12 Act.
13 (nn) "Prescription" means a lawful written, facsimile,
14 or verbal order of a physician licensed to practice medicine
15 in all its branches, dentist, podiatrist or veterinarian for
16 any controlled substance, or of a physician assistant for a
17 Schedule III, IV, or V controlled substance as delegated by a
18 physician licensed to practice medicine in all its branches
19 in accordance with the written guidelines required under
20 Section 7.5 of the Physician Assistant Practice Act of 1987,
21 or of an advanced practice registered nurse who issues a
22 prescription for a Schedule III, IV, or V controlled
23 substance, pursuant to prescriptive authority delegated by a
24 physician licensed to practice medicine in all its branches,
25 in accordance with a written collaborative and interactive
26 team agreement under Sections 15-15 and 15-20 of the Nursing
27 and Advanced Practice Nursing Act.
28 (oo) "Production" or "produce" means manufacture,
29 planting, cultivating, growing, or harvesting of a controlled
30 substance.
31 (pp) "Registrant" means every person who is required to
32 register under Section 302 of this Act.
33 (qq) "Registry number" means the number assigned to each
34 person authorized to handle controlled substances under the
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1 laws of the United States and of this State.
2 (rr) "State" includes the State of Illinois and any
3 state, district, commonwealth, territory, insular possession
4 thereof, and any area subject to the legal authority of the
5 United States of America.
6 (ss) "Ultimate user" means a person who lawfully
7 possesses a controlled substance for his own use or for the
8 use of a member of his household or for administering to an
9 animal owned by him or by a member of his household.
10 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97;
11 90-116, eff. 7-14-97.)
12 (720 ILCS 570/103) (from Ch. 56 1/2, par. 1103)
13 Sec. 103. Scope of Act. Nothing in this Act limits the
14 lawful authority granted by the Medical Practice Act of 1987,
15 the Illinois Nursing and Advanced Practice Nursing Act, of
16 1987 or the Pharmacy Practice Act of 1987.
17 (Source: P.A. 85-1209.)
18 Section 99. Effective date. This Act takes effect July
19 1, 1998.
-101- LRB9007862NTsbC
1 INDEX
2 Statutes amended in order of appearance
3 210 ILCS 25/7-101 from Ch. 111 1/2, par. 627-101
4 225 ILCS 60/54.5 new
5 225 ILCS 65/Title 5 heading new
6 225 ILCS 65/5-1, formerly 65/1
7 225 ILCS 65/5-5, formerly 65/2
8 225 ILCS 65/5-10, formerly 65/3
9 225 ILCS 65/5-15, formerly 65/4
10 225 ILCS 65/5-17, formerly 65/4.1
11 225 ILCS 65/5-22, formerly 65/4.2
12 225 ILCS 65/5-20, formerly 65/4.5
13 225 ILCS 65/5-25, formerly 65/5
14 225 ILCS 65/5-30, formerly 65/5.1
15 225 ILCS 65/Title 10 heading new
16 225 ILCS 65/10-5, formerly 65/5
17 225 ILCS 65/10-10 new
18 225 ILCS 65/10-15 new
19 225 ILCS 65/10-25, formerly 65/7
20 225 ILCS 65/10-30, formerly 65/12
21 225 ILCS 65/10-35, formerly 65/14
22 225 ILCS 65/10-40 new
23 225 ILCS 65/10-45 new
24 225 ILCS 65/10-50 new
25 225 ILCS 65/Title 15 heading new
26 225 ILCS 65/15-5 new
27 225 ILCS 65/15-10 new
28 225 ILCS 65/15-15 new
29 225 ILCS 65/15-20 new
30 225 ILCS 65/15-25 new
31 225 ILCS 65/15-30 new
32 225 ILCS 65/15-35 new
33 225 ILCS 65/15-40 new
34 225 ILCS 65/15-45 new
-102- LRB9007862NTsbC
1 225 ILCS 65/15-50 new
2 225 ILCS 65/15-55 new
3 225 ILCS 65/Title 20 heading new
4 225 ILCS 65/20-2 new
5 225 ILCS 65/20-5, formerly, 65/16
6 225 ILCS 65/20-10, formerly 65/17
7 225 ILCS 65/20-15, formerly 65/18
8 225 ILCS 65/20-25, formerly 65/21
9 225 ILCS 65/20-30, formerly 65/22
10 225 ILCS 65/20-35, formerly 65/23
11 225 ILCS 65/20-40, formerly 65/24
12 225 ILCS 65/20-50, formerly 65/26
13 225 ILCS 65/20-55, formerly 65/27
14 225 ILCS 65/20-65, formerly 65/29
15 225 ILCS 65/20-70, formerly 65/30
16 225 ILCS 65/20-75, formerly 65/31
17 225 ILCS 65/20-80, formerly 65/32
18 225 ILCS 65/20-85, formerly 65/33
19 225 ILCS 65/20-90, formerly 65/34
20 225 ILCS 65/20-95, formerly 65/35
21 225 ILCS 65/20-100, formerly 65/36
22 225 ILCS 65/20-105, formerly 65/37
23 225 ILCS 65/20-110, formerly 65/38
24 225 ILCS 65/20-115, formerly 65/39
25 225 ILCS 65/20-120, formerly 65/40
26 225 ILCS 65/20-125, formerly 65/41
27 225 ILCS 65/20-130, formerly 65/42
28 225 ILCS 65/20-135, formerly 65/43
29 225 ILCS 65/20-140, formerly 65/44
30 225 ILCS 65/20-145, formerly 65/45
31 225 ILCS 65/20-150, formerly 65/46
32 225 ILCS 65/20-155, formerly 65/47
33 225 ILCS 65/20-160, formerly 65/48
34 225 ILCS 65/20-165, formerly 65/49
-103- LRB9007862NTsbC
1 225 ILCS 65/10 rep.
2 225 ILCS 65/11 rep.
3 225 ILCS 65/20 rep.
4 225 ILCS 65/25 rep.
5 225 ILCS 65/28 rep.
6 225 ILCS 85/3 from Ch. 111, par. 4123
7 225 ILCS 85/4 from Ch. 111, par. 4124
8 225 ILCS 95/7 from Ch. 111, par. 4607
9 720 ILCS 570/102 from Ch. 56 1/2, par. 1102
10 720 ILCS 570/103 from Ch. 56 1/2, par. 1103