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90_SB0608 225 ILCS 65/3 from Ch. 111, par. 3503 225 ILCS 65/7 from Ch. 111, par. 3507 225 ILCS 65/24 from Ch. 111, par. 3524 225 ILCS 65/28 from Ch. 111, par. 3528 Amends the Illinois Nursing Act of 1987. Provides that the Committee is authorized to appoint a Committee member as liaison to the Program. Provides that moneys in that Fund shall be used to fund an Assistance Program for Nurses. Provides that if a registered professional nurse who is an administrator or officer in a health care facility believes that a nurse is addicted to habit-forming drugs or alcohol or unlawfully uses or possesses certain drugs, he or she shall report it to the Assistance Program for Nurses rather than to the Department. Provides that the nurse shall not be reported to the Department unless he or she fails to meet established criteria for participation in the non-disciplinary alternative program for substance abuse. Provides that the nurse may self-refer to the Assistance Program. LRB9001263LDdvA LRB9001263LDdvA 1 AN ACT to amend the Illinois Nursing act of 1987 by 2 changing Sections 3, 7, 24, and 28. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Nursing Act of 1987 is amended 6 by changing Sections 3, 7, 24, and 28 as follows: 7 (225 ILCS 65/3) (from Ch. 111, par. 3503) 8 Sec. 3. Each of the following terms, when used in this 9 Act, shall have the meaning ascribed to it in this Section, 10 except where the context clearly indicates otherwise: 11(a)"Department" means the Department of Professional 12 Regulation; 13(b)"Director" means the Director of the Department of 14 Professional Regulation; 15(c)"Committee" means the Committee on Nursing appointed 16 by the Director; 17(d)"Academic year" means the customary annual schedule 18 of courses at a college, university or approved school, 19 customarily regarded as the school year as distinguished from 20 the calendar year; 21(e)"Approved program of professional nursing education" 22 and "approved program of practical nursing education" are 23 programs of professional or practical nursing, respectively, 24 approved by the Department under the provisions of this Act; 25(f)"Nursing Coordinator" means a registered 26 professional nurse appointed by the Director to carry out the 27 administrative policies of the Department; 28(g)"Assistant Nursing Coordinator" means a registered 29 professional nurse appointed by the Director to assist in 30 carrying out the administrative policies of the Department; 31(h)"Registered" is the equivalent of "licensed"; -2- LRB9001263LDdvA 1(i)"Practical nurse" or "licensed practical nurse" 2 means a person who is licensed as a practical nurse under 3 this Act and practices practical nursing as defined in 4 paragraph (j) of this Section. Only a practical nurse 5 licensed under this Act is entitled to use the title 6 "licensed practical nurse" and the abbreviation "L.P.N."; 7(j)"Practical nursing" means the performance, for 8 compensation, of acts in the care of the ill, injured, or 9 infirmed, selected by and performed under the direction of a 10 registered professional nurse, licensed physician, dentist, 11 or podiatrist, requiring the basic nursing skill, judgment, 12 and knowledge acquired by means of a completed course of 13 study in an approved practical nursing education program; 14(k)"Registered Nurse" or "Registered Professional 15 Nurse" means a person who is licensed as a professional nurse 16 under this Act and practices nursing as defined in paragraph 17 (l) of this Section. Only a registered nurse licensed under 18 this Act is entitled to use the titles "registered nurse" and 19 "registered professional nurse" and the abbreviation, "R.N."; 20(l)"Professional nursing" includes all its specialties, 21 and means the performance for compensation of any nursing 22 act, (1) in the nursing evaluation, observation, care, and 23 counsel of the ill, injured, or infirmed; (2) in the 24 maintenance of health or prevention of illness of others; (3) 25 the administration of medications and treatments as 26 prescribed by a licensed physician, dentist, or podiatrist; 27 or (4) any act in the supervision or teaching of nursing, 28 which requires substantial, specialized judgment and skill 29 the proper performance of which is based on knowledge and 30 application of the principles of biological, physical, and 31 social science acquired by means of a completed course in an 32 approved school of professional nursing. The foregoing shall 33 not be deemed to include those acts of medical diagnosis or 34 prescription of therapeutic or corrective measures which are -3- LRB9001263LDdvA 1 properly performed only by physicians licensed in the State 2 of Illinois; and 3(m)"Current nursing practice update course" means a 4 planned nursing education curriculum approved by the 5 Department consisting of activities which have educational 6 objectives, instructional methods, content or subject matter, 7 clinical practice, and evaluation methods, related to basic 8 review and updating content and specifically planned for 9 those nurses previously licensed in the United States or its 10 territories and preparing for reentry into nursing practice. 11 "Professional assistance program for nurses" means a 12 professional assistance program that meets criteria 13 established by the Board of Nursing and that provides a 14 non-disciplinary treatment approach for nurses licensed under 15 this Act whose ability to practice is compromised by alcohol 16 or chemical substances addiction. This program shall be 17 administered through a contract with the Department. 18 (Source: P.A. 85-981.) 19 (225 ILCS 65/7) (from Ch. 111, par. 3507) 20 Sec. 7. (a) The Director shall appoint the Committee 21 which shall be composed of 9 registered professional nurses, 22 2 licensed practical nurses and one public member who shall 23 be a non-voting member and who is not a licensed health care 24 provider. Three registered nurses shall hold at least a 25 master's degree in nursing and be educators in professional 26 nursing programs, one representing baccalaureate nursing 27 education, one representing associate degree nursing 28 education, and one representing diploma education; one 29 registered nurse shall hold at least a bachelor's degree with 30 a major in nursing and be an educator in a licensed practical 31 nursing program; one registered nurse shall hold a master's 32 degree in nursing and shall represent nursing service 33 administration; 2 registered nurses shall represent clinical -4- LRB9001263LDdvA 1 nursing practice, one of whom shall have at least a master's 2 degree in nursing; and 2 registered nurses shall represent 3 advanced specialty practice. Each of the 11 nurses shall have 4 had a minimum of 5 years experience in nursing, three of 5 which shall be in the area they represent on the committee 6 and be actively engaged in the area of nursing they represent 7 at the time of appointment and during their tenure on the 8 Committee. Members shall be appointed for a term of 3 years. 9 No member shall be eligible for appointment to more than 2 10 consecutive terms and any appointment to fill a vacancy shall 11 be for the unexpired portion of the term. In making 12 Committee appointments, the Director shall give consideration 13 to recommendations submitted by nursing organizations. 14 Consideration shall be given to equal geographic 15 representation. The Committee shall receive actual and 16 necessary expenses incurred in the performance of their 17 duties. 18 In making the initial appointments, the Director shall 19 appoint all new members for terms of 2, 3 and 4 years and 20 such terms shall be staggered as follows: 3 shall be 21 appointed for terms of 2 years; 3 shall be appointed for 22 terms of 3 years, and 3 shall be appointed for terms of 4 23 years. However, such appointment shall be made in a manner 24 so that each member appointed prior to January 1, 1987, whose 25 current appointed term has not expired, will be allowed to 26 serve out the remainder of his or her term. 27 The Director may remove any member of the committee for 28 misconduct, incapacity or neglect of duty. The Director 29 shall reduce to writing any causes for removal. 30 The Committee shall meet annually to elect a chairperson 31 and vice chairperson. The Committee may hold such other 32 meetings during the year as may be necessary to conduct its 33 business. Six voting members of the Committee shall 34 constitute a quorum at any meeting. Any action taken by the -5- LRB9001263LDdvA 1 Committee must be on the affirmative vote of 6 members. 2 Voting by proxy shall not be permitted. 3 The Committee shall submit an annual report to the 4 Director. 5 The members of the Committee shall be immune from suit in 6 any action based upon any disciplinary proceedings or other 7 acts performed in good faith as members of the Committee. 8 (b) The Committee is authorized to: 9 (1) recommend the adoption and, from time to time, 10 the revision of such rules and regulations which may be 11 necessary to carry out the provisions of this Act; 12 (2) conduct hearings and disciplinary conferences 13 upon charges calling for discipline of a licensee as 14 provided in Section 25; 15 (3) report to the Department, upon completion of a 16 hearing, the disciplinary actions recommended to be taken 17 against persons violating this Act; 18 (4) recommend the approval, denial of approval, 19 withdrawal of approval, or discipline of nursing 20 education programs; 21 (5) participate in a national organization of state 22 boards of nursing;and23 (6) recommend a list of the registered nurses to 24 serve as nursing coordinator and assistant nursing 25 coordinator respectively; and.26 (7) appoint a Committee member as liaison to the 27 Assistance Program for Nurses. 28 (Source: P.A. 87-268.) 29 (225 ILCS 65/24) (from Ch. 111, par. 3524) 30 Sec. 24. There is hereby created within the State 31 Treasury the Nursing Dedicated and Professional Fund. The 32 monies in the Fund shall be used by and at the direction of 33 the Department for the administration and enforcement of this -6- LRB9001263LDdvA 1 Act, including but not limited to: 2 (a) Distribution and publication of "The Illinois 3 Nursing Act" and the rules and regulations at the time of 4 renewal to all Registered Professional Nurses and 5 Licensed Practical Nurses licensed by the Department.;6 (b) Employment of secretarial, nursing, 7 administrative, enforcement and research assistance for 8 the administration of this Act. After January 1, 1991, 9 the Director shall employ, in conformity with the 10 Personnel Code, one full-time investigator for every 11 10,000 nurses licensed to practice in the State.;12 (c) Surveying, every license renewal period, the 13 nurse population of Illinois, its employment, earnings, 14 distribution, education and other professional and 15 demographic characteristics, and for the publication and 16 distribution of the survey.; and17 (d) Conducting of training seminars for licensees 18 under this Act relating to the obligations, 19 responsibilities, enforcement and other provisions of the 20 Act and the regulations thereunder. 21 (e) Disposition of Fees: 22 (i) Until January 1, 1991, 50% of the fees 23 collected pursuant to this Act shall be deposited in 24 the Nursing Dedicated and Professional Fund and 50% 25 shall be deposited in the General Revenue Fund. 26 (ii) On or after January 1, 1991, all of the 27 fees collected pursuant to this Act shall be 28 deposited in the Nursing Dedicated and Professional 29 Fund. 30 For the fiscal year beginning July 1, 1988, the monies 31 deposited in the Nursing Dedicated and Professional Fund 32 shall be appropriated to the Department for expenses of the 33 Department and the Committee in the administration of this 34 Act. All earnings received from investment of monies in the -7- LRB9001263LDdvA 1 Nursing Dedicated and Professional Fund shall be deposited in 2 the Nursing Dedicated and Professional Fund and shall be used 3 for the same purposes as fees deposited in the Fund. 4 For the fiscal year beginning July 1, 1991 and for each 5 fiscal year thereafter, either 10% of the monies deposited in 6 the Nursing Dedicated and Professional Fund each year, not 7 including interest accumulated on such monies, or any monies 8 deposited in the Fund in each year which are in excess of the 9 amount appropriated in that year to meet ordinary and 10 contingent expenses of the Committee, whichever is less, 11 shall be set aside and appropriated to the Illinois 12 Department of Public Health for nursing scholarships awarded 13 pursuant to the Nursing Education Scholarship Law. 14 Moneys in the Fund may be transferred to the Professions 15 Indirect Cost Fund as authorized under Section 61e of the 16 Civil Administrative Code of Illinois. 17 In addition to any other permitted use of moneys in the 18 Fund, and notwithstanding any restriction on the use of the 19 Fund, moneys in the Nursing Dedicated and Professional Fund 20 may be transferred to the General Revenue Fund as authorized 21 by this amendatory Act of 1992. The General Assembly finds 22 that an excess of moneys exists in the Fund. On February 1, 23 1992, the Comptroller shall order transferred and the 24 Treasurer shall transfer $200,000 (or such lesser amount as 25 may be on deposit in the Fund and unexpended and unobligated 26 on that date) from the Fund to the General Revenue Fund. 27 (f) Funding of an Assistance Program for Nurses. 28 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95; 29 89-626, eff. 8-9-96.) 30 (225 ILCS 65/28) (from Ch. 111, par. 3528) 31 Sec. 28. Any registered professional nurse who is an 32 administrator or officer in any hospital, nursing home, other 33 health care agency or facility, or nurse agency and has -8- LRB9001263LDdvA 1 knowledge of any action or condition which reasonably 2 indicates to her or him that a registered professional nurse 3 or licensed practical nurse employed by or practicing nursing 4 in such hospital, nursing home, other health care agency or 5 facility, or nurse agency is habitually intoxicated or 6 addicted to the use of habit-forming drugs to the extent that 7 such intoxication or addiction adversely affects such nurses' 8 professional performance, or unlawfully possesses, uses, 9 distributes or converts habit-forming drugs belonging to the 10 hospital, nursing home or other health care agency or 11 facility for such nurses' own use, shall promptly file a 12 written report thereof to the Assistance Program for Nurses. 13 Additionally, the nurse on his or her own behalf, may 14 self-refer to the Assistance Program. Any information, 15 report, or record that the Assistance Program for Nurses 16 receives, gathers, or maintains shall be confidential. 17 Except as prescribed in this Section, a person may not 18 disclose any information, report, or record without the 19 written approval of the impaired nurse. Information that is 20 confidential may be disclosed: (1) at a disciplinary hearing 21 before a licensing or disciplinary authority in which the 22 authority considers taking disciplinary action against an 23 impaired nurse whom the Board has referred to an assistance 24 program; (2) at an appeal from a disciplinary action or order 25 imposed by a licensing or disciplinary authority; (3) to 26 qualified personnel for bona fide research or educational 27 purposes only after information that would identify 28 individuals is removed; or (4) to health care personnel to 29 whom the program or Board has referred the impaired nurse for 30 treatment. The Assistance Program is a non-disciplinary 31 alternative program, separate from the Illinois Department of 32 Professional Regulation, but contracting with the Department 33 and accountable to the Department for the management of 34 nurses who meet program requirements. Should the registered -9- LRB9001263LDdvA 1 professional nurse or licensed practical nurse meet 2 established criteria for participation in the 3 non-disciplinary alternative program for substance abuse, the 4 nurse need not be reported to the Department provided the 5 nurse actively pursues all treatment and monitoring required 6 by the Assistance Program. Should the nurse not comply with 7 the program requirements, a report will be filed by the 8 Program to the Department.the Department; provided however,9an administrator or officer need not file the report if the10nurse participates in a course of remedial professional11counseling or medical treatment for substance abuse, as long12as such nurse actively pursues such treatment under13monitoring by the administrator or officer or by the14hospital, nursing home, health care agency or facility, or15nurse agency and the nurse continues to be employed by such16hospital, nursing home, health care agency or facility, or17nurse agency.The Department shall review all reports 18 received by it in a timely manner. Its initial review shall 19 be completed no later than 60 days after receipt of the 20 report. Within this 60 day period, the Department shall, in 21 writing, make a determination as to whether there are 22 sufficient facts to warrant further investigation or action. 23 Should the Department find insufficient facts to warrant 24 further investigation, or action, the report shall be 25 accepted for filing and the matter shall be deemed closed and 26 so reported. 27 Should the Department find sufficient facts to warrant 28 further investigation, such investigation shall be completed 29 within 60 days of the date of the determination of sufficient 30 facts to warrant further investigation or action. Final 31 action shall be determined no later than 30 days after the 32 completion of the investigation. If there is a finding which 33 verifies habitual intoxication or drug addiction which 34 adversely affects professional performance or the unlawful -10- LRB9001263LDdvA 1 possession, use, distribution or conversion of habit-forming 2 drugs by the reported nurse, the Department may refuse to 3 issue or renew or may suspend or revoke that nurses's license 4 as a registered professional nurse or a licensed practical 5 nurse. 6 Any of the aforementioned actions or a determination that 7 there are insufficient facts to warrant further investigation 8 or action shall be considered a final action. The nurse 9 administrator or officer who filed the original report or 10 complaint, and the nurse who is the subject of the report, 11 shall be notified in writing by the Department within 15 days 12 of any final action taken by the Department. 13 Each year on March 1, commencing with the effective date 14 of this Act, the Department shall submit a report to the 15 General Assembly. The report shall include the number of 16 reports made under this Section to the Department during the 17 previous year, the number of reports reviewed and found 18 insufficient to warrant further investigation, the number of 19 reports not completed and the reasons for incompletion. This 20 report shall be made available also to nurses requesting the 21 report. 22 Any person making a report under this Section or in good 23 faith assisting another person in making such a report shall 24 have immunity from any liability, either criminal or civil, 25 that might result by reason of such action. For the purpose 26 of any legal proceeding, criminal or civil, there shall be a 27 rebuttable presumption that any person making a report under 28 this Section or assisting another person in making such 29 report was acting in good faith. All such reports and any 30 information disclosed to or collected by the Department 31 pursuant to this Section shall remain confidential records of 32 the Department and shall not be disclosed nor be subject to 33 any law or regulation of this State relating to freedom of 34 information or public disclosure of records. -11- LRB9001263LDdvA 1 (Source: P.A. 85-981; 86-1472.)