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90_SB1585eng
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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.
LRB9011272NTsb
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1 AN ACT concerning medicine.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Clinical Laboratory and Blood
5 Bank Act is amended by changing Section 7-101 as follows:
6 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
7 Sec. 7-101. Examination of specimens. A clinical
8 laboratory shall examine specimens only at the request of (i)
9 a licensed physician, (ii) a licensed dentist, (iii) a
10 licensed podiatrist, (iv) a therapeutic optometrist for
11 diagnostic or therapeutic purposes related to the use of
12 diagnostic topical or therapeutic ocular pharmaceutical
13 agents, as defined in subsections (c) and (d) of Section 15.1
14 of the Illinois Optometric Practice Act of 1987, (v) a
15 licensed physician assistant in accordance with the written
16 guidelines required under subdivision (3) of Section 4 and
17 under Section 7.5 of the Physician Assistant Practice Act of
18 1987, (v-A) an advanced practice nurse in accordance with
19 the written collaborative agreement required under Section
20 15-15 of the Nursing and Advanced Practice Nursing Act, or
21 (vi) an authorized law enforcement agency or, in the case of
22 blood alcohol, at the request of the individual for whom the
23 test is to be performed in compliance with Sections 11-501
24 and 11-501.1 of the Illinois Vehicle Code. If the request
25 to a laboratory is oral, the physician or other authorized
26 person shall submit a written request to the laboratory
27 within 48 hours. If the laboratory does not receive the
28 written request within that period, it shall note that fact
29 in its records.
30 (Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;
31 revised 10-23-97.)
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1 Section 10. The Medical Practice Act of 1987 is amended
2 by changing Sections 20 and 22 and adding Section 54.5 as
3 follows:
4 (225 ILCS 60/20) (from Ch. 111, par. 4400-20)
5 Sec. 20. Continuing education. The Department shall
6 promulgate rules of continuing education for persons licensed
7 under this Act that require 150 50 hours of continuing
8 education per license renewal cycle each year. These rules
9 shall be consistent with requirements of relevant
10 professional associations, speciality societies, or boards.
11 The rules shall also address variances for illness or
12 hardship. In establishing these rules, the Department shall
13 consider educational requirements for medical staffs,
14 requirements for specialty society board certification or for
15 continuing education requirements as a condition of
16 membership in societies representing the 2 categories of
17 licensee under this Act. These rules shall assure that
18 licensees are given the opportunity to participate in those
19 programs sponsored by or through their professional
20 associations or hospitals which are relevant to their
21 practice. Each licensee is responsible for maintaining
22 records of completion of continuing education and shall be
23 prepared to produce the records when requested by the
24 Department.
25 (Source: P.A. 89-702, eff. 7-1-97.)
26 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
27 Sec. 22. Disciplinary action.
28 (A) The Department may revoke, suspend, place on
29 probationary status, or take any other disciplinary action as
30 the Department may deem proper with regard to the license or
31 visiting professor permit of any person issued under this Act
32 to practice medicine, or to treat human ailments without the
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1 use of drugs and without operative surgery upon any of the
2 following grounds:
3 (1) Performance of an elective abortion in any
4 place, locale, facility, or institution other than:
5 (a) a facility licensed pursuant to the
6 Ambulatory Surgical Treatment Center Act;
7 (b) an institution licensed under the Hospital
8 Licensing Act; or
9 (c) an ambulatory surgical treatment center or
10 hospitalization or care facility maintained by the
11 State or any agency thereof, where such department
12 or agency has authority under law to establish and
13 enforce standards for the ambulatory surgical
14 treatment centers, hospitalization, or care
15 facilities under its management and control; or
16 (d) ambulatory surgical treatment centers,
17 hospitalization or care facilities maintained by the
18 Federal Government; or
19 (e) ambulatory surgical treatment centers,
20 hospitalization or care facilities maintained by any
21 university or college established under the laws of
22 this State and supported principally by public funds
23 raised by taxation.
24 (2) Performance of an abortion procedure in a
25 wilful and wanton manner on a woman who was not pregnant
26 at the time the abortion procedure was performed.
27 (3) The conviction of a felony in this or any other
28 jurisdiction, except as otherwise provided in subsection
29 B of this Section, whether or not related to practice
30 under this Act, or the entry of a guilty or nolo
31 contendere plea to a felony charge.
32 (4) Gross negligence in practice under this Act.
33 (5) Engaging in dishonorable, unethical or
34 unprofessional conduct of a character likely to deceive,
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1 defraud or harm the public.
2 (6) Obtaining any fee by fraud, deceit, or
3 misrepresentation.
4 (7) Habitual or excessive use or abuse of drugs
5 defined in law as controlled substances, of alcohol, or
6 of any other substances which results in the inability to
7 practice with reasonable judgment, skill or safety.
8 (8) Practicing under a false or, except as provided
9 by law, an assumed name.
10 (9) Fraud or misrepresentation in applying for, or
11 procuring, a license under this Act or in connection with
12 applying for renewal of a license under this Act.
13 (10) Making a false or misleading statement
14 regarding their skill or the efficacy or value of the
15 medicine, treatment, or remedy prescribed by them at
16 their direction in the treatment of any disease or other
17 condition of the body or mind.
18 (11) Allowing another person or organization to use
19 their license, procured under this Act, to practice.
20 (12) Disciplinary action of another state or
21 jurisdiction against a license or other authorization to
22 practice as a medical doctor, doctor of osteopathy,
23 doctor of osteopathic medicine or doctor of chiropractic,
24 a certified copy of the record of the action taken by the
25 other state or jurisdiction being prima facie evidence
26 thereof.
27 (13) Violation of any provision of this Act or of
28 the Medical Practice Act prior to the repeal of that Act,
29 or violation of the rules, or a final administrative
30 action of the Director, after consideration of the
31 recommendation of the Disciplinary Board.
32 (14) Dividing with anyone other than physicians
33 with whom the licensee practices in a partnership,
34 Professional Association, limited liability company, or
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1 Medical or Professional Corporation any fee, commission,
2 rebate or other form of compensation for any professional
3 services not actually and personally rendered. Nothing
4 contained in this subsection prohibits persons holding
5 valid and current licenses under this Act from practicing
6 medicine in partnership under a partnership agreement,
7 including a limited liability partnership, in a limited
8 liability company under the Limited Liability Company
9 Act, in a corporation authorized by the Medical
10 Corporation Act, as an association authorized by the
11 Professional Association Act, or in a corporation under
12 the Professional Corporation Act or from pooling,
13 sharing, dividing or apportioning the fees and monies
14 received by them or by the partnership, corporation or
15 association in accordance with the partnership agreement
16 or the policies of the Board of Directors of the
17 corporation or association. Nothing contained in this
18 subsection prohibits 2 or more corporations authorized by
19 the Medical Corporation Act, from forming a partnership
20 or joint venture of such corporations, and providing
21 medical, surgical and scientific research and knowledge
22 by employees of these corporations if such employees are
23 licensed under this Act, or from pooling, sharing,
24 dividing, or apportioning the fees and monies received by
25 the partnership or joint venture in accordance with the
26 partnership or joint venture agreement. Nothing
27 contained in this subsection shall abrogate the right of
28 2 or more persons, holding valid and current licenses
29 under this Act, to each receive adequate compensation for
30 concurrently rendering professional services to a patient
31 and divide a fee; provided, the patient has full
32 knowledge of the division, and, provided, that the
33 division is made in proportion to the services performed
34 and responsibility assumed by each.
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1 (15) A finding by the Medical Disciplinary Board
2 that the registrant after having his or her license
3 placed on probationary status or subjected to conditions
4 or restrictions violated the terms of the probation or
5 failed to comply with such terms or conditions.
6 (16) Abandonment of a patient.
7 (17) Prescribing, selling, administering,
8 distributing, giving or self-administering any drug
9 classified as a controlled substance (designated product)
10 or narcotic for other than medically accepted therapeutic
11 purposes.
12 (18) Promotion of the sale of drugs, devices,
13 appliances or goods provided for a patient in such manner
14 as to exploit the patient for financial gain of the
15 physician.
16 (19) Offering, undertaking or agreeing to cure or
17 treat disease by a secret method, procedure, treatment or
18 medicine, or the treating, operating or prescribing for
19 any human condition by a method, means or procedure which
20 the licensee refuses to divulge upon demand of the
21 Department.
22 (20) Immoral conduct in the commission of any act
23 including, but not limited to, commission of an act of
24 sexual misconduct related to the licensee's practice.
25 (21) Wilfully making or filing false records or
26 reports in his or her practice as a physician, including,
27 but not limited to, false records to support claims
28 against the medical assistance program of the Department
29 of Public Aid under the Illinois Public Aid Code.
30 (22) Wilful omission to file or record, or wilfully
31 impeding the filing or recording, or inducing another
32 person to omit to file or record, medical reports as
33 required by law, or wilfully failing to report an
34 instance of suspected abuse or neglect as required by
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1 law.
2 (23) Being named as a perpetrator in an indicated
3 report by the Department of Children and Family Services
4 under the Abused and Neglected Child Reporting Act, and
5 upon proof by clear and convincing evidence that the
6 licensee has caused a child to be an abused child or
7 neglected child as defined in the Abused and Neglected
8 Child Reporting Act.
9 (24) Solicitation of professional patronage by any
10 corporation, agents or persons, or profiting from those
11 representing themselves to be agents of the licensee.
12 (25) Gross and wilful and continued overcharging
13 for professional services, including filing false
14 statements for collection of fees for which services are
15 not rendered, including, but not limited to, filing such
16 false statements for collection of monies for services
17 not rendered from the medical assistance program of the
18 Department of Public Aid under the Illinois Public Aid
19 Code.
20 (26) A pattern of practice or other behavior which
21 demonstrates incapacity or incompetence to practice under
22 this Act.
23 (27) Mental illness or disability which results in
24 the inability to practice under this Act with reasonable
25 judgment, skill or safety.
26 (28) Physical illness, including, but not limited
27 to, deterioration through the aging process, or loss of
28 motor skill which results in a physician's inability to
29 practice under this Act with reasonable judgment, skill
30 or safety.
31 (29) Cheating on or attempt to subvert the
32 licensing examinations administered under this Act.
33 (30) Wilfully or negligently violating the
34 confidentiality between physician and patient except as
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1 required by law.
2 (31) The use of any false, fraudulent, or deceptive
3 statement in any document connected with practice under
4 this Act.
5 (32) Aiding and abetting an individual not licensed
6 under this Act in the practice of a profession licensed
7 under this Act.
8 (33) Violating state or federal laws or regulations
9 relating to controlled substances.
10 (34) Failure to report to the Department any
11 adverse final action taken against them by another
12 licensing jurisdiction (any other state or any territory
13 of the United States or any foreign state or country), by
14 any peer review body, by any health care institution, by
15 any professional society or association related to
16 practice under this Act, by any governmental agency, by
17 any law enforcement agency, or by any court for acts or
18 conduct similar to acts or conduct which would constitute
19 grounds for action as defined in this Section.
20 (35) Failure to report to the Department surrender
21 of a license or authorization to practice as a medical
22 doctor, a doctor of osteopathy, a doctor of osteopathic
23 medicine, or doctor of chiropractic in another state or
24 jurisdiction, or surrender of membership on any medical
25 staff or in any medical or professional association or
26 society, while under disciplinary investigation by any of
27 those authorities or bodies, for acts or conduct similar
28 to acts or conduct which would constitute grounds for
29 action as defined in this Section.
30 (36) Failure to report to the Department any
31 adverse judgment, settlement, or award arising from a
32 liability claim related to acts or conduct similar to
33 acts or conduct which would constitute grounds for action
34 as defined in this Section.
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1 (37) Failure to transfer copies of medical records
2 as required by law.
3 (38) Failure to furnish the Department, its
4 investigators or representatives, relevant information,
5 legally requested by the Department after consultation
6 with the Chief Medical Coordinator or the Deputy Medical
7 Coordinator.
8 (39) Violating the Health Care Worker Self-Referral
9 Act.
10 (40) Willful failure to provide notice when notice
11 is required under the Parental Notice of Abortion Act of
12 1995.
13 (41) Failure to establish and maintain records of
14 patient care and treatment as required by this law.
15 (42) Entering into an excessive number of written
16 collaborative agreements with licensed advanced practice
17 nurses resulting in an inability to adequately
18 collaborate and provide medical direction.
19 (43) Repeated failure to adequately collaborate
20 with or provide medical direction to a licensed advanced
21 practice nurse.
22 All proceedings to suspend, revoke, place on probationary
23 status, or take any other disciplinary action as the
24 Department may deem proper, with regard to a license on any
25 of the foregoing grounds, must be commenced within 3 years
26 next after receipt by the Department of a complaint alleging
27 the commission of or notice of the conviction order for any
28 of the acts described herein. Except for the grounds
29 numbered (8), (9) and (29), no action shall be commenced more
30 than 5 years after the date of the incident or act alleged to
31 have violated this Section. In the event of the settlement
32 of any claim or cause of action in favor of the claimant or
33 the reduction to final judgment of any civil action in favor
34 of the plaintiff, such claim, cause of action or civil action
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1 being grounded 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 notification to the Department under Section 23 of this Act
5 of such settlement or final judgment in which to investigate
6 and commence formal disciplinary proceedings under Section 36
7 of this Act, except as otherwise provided by law. The time
8 during which the holder of the license was outside the State
9 of Illinois shall not be included within any period of time
10 limiting the commencement of disciplinary action by the
11 Department.
12 The entry of an order or judgment by any circuit court
13 establishing that any person holding a license under this Act
14 is a person in need of mental treatment operates as a
15 suspension of that license. That person may resume their
16 practice only upon the entry of a Departmental order based
17 upon a finding by the Medical Disciplinary Board that they
18 have been determined to be recovered from mental illness by
19 the court and upon the Disciplinary Board's recommendation
20 that they be permitted to resume their practice.
21 The Department may refuse to issue or take disciplinary
22 action concerning the license of any person who fails to file
23 a return, or to pay the tax, penalty or interest shown in a
24 filed return, or to pay any final assessment of tax, penalty
25 or interest, as required by any tax Act administered by the
26 Illinois Department of Revenue, until such time as the
27 requirements of any such tax Act are satisfied as determined
28 by the Illinois Department of Revenue.
29 The Department, upon the recommendation of the
30 Disciplinary Board, shall adopt rules which set forth
31 standards to be used in determining:
32 (a) when a person will be deemed sufficiently
33 rehabilitated to warrant the public trust;
34 (b) what constitutes dishonorable, unethical or
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1 unprofessional conduct of a character likely to deceive,
2 defraud, or harm the public;
3 (c) what constitutes immoral conduct in the
4 commission of any act, including, but not limited to,
5 commission of an act of sexual misconduct related to the
6 licensee's practice; and
7 (d) what constitutes gross negligence in the
8 practice of medicine.
9 However, no such rule shall be admissible into evidence
10 in any civil action except for review of a licensing or other
11 disciplinary action under this Act.
12 In enforcing this Section, the Medical Disciplinary
13 Board, upon a showing of a possible violation, may compel any
14 individual licensed to practice under this Act, or who has
15 applied for licensure or a permit pursuant to this Act, to
16 submit to a mental or physical examination, or both, as
17 required by and at the expense of the Department. The
18 examining physician or physicians shall be those specifically
19 designated by the Disciplinary Board. The Medical
20 Disciplinary Board or the Department may order the examining
21 physician to present testimony concerning this mental or
22 physical examination of the licensee or applicant. No
23 information shall be excluded by reason of any common law or
24 statutory privilege relating to communication between the
25 licensee or applicant and the examining physician. The
26 individual to be examined may have, at his or her own
27 expense, another physician of his or her choice present
28 during all aspects of the examination. Failure of any
29 individual to submit to mental or physical examination, when
30 directed, shall be grounds for suspension of his or her
31 license until such time as the individual submits to the
32 examination if the Disciplinary Board finds, after notice and
33 hearing, that the refusal to submit to the examination was
34 without reasonable cause. If the Disciplinary Board finds a
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1 physician unable to practice because of the reasons set forth
2 in this Section, the Disciplinary Board shall require such
3 physician to submit to care, counseling, or treatment by
4 physicians approved or designated by the Disciplinary Board,
5 as a condition for continued, reinstated, or renewed
6 licensure to practice. Any physician, whose license was
7 granted pursuant to Sections 9, 17, or 19 of this Act, or,
8 continued, reinstated, renewed, disciplined or supervised,
9 subject to such terms, conditions or restrictions who shall
10 fail to comply with such terms, conditions or restrictions,
11 or to complete a required program of care, counseling, or
12 treatment, as determined by the Chief Medical Coordinator or
13 Deputy Medical Coordinators, shall be referred to the
14 Director for a determination as to whether the licensee shall
15 have their license suspended immediately, pending a hearing
16 by the Disciplinary Board. In instances in which the
17 Director immediately suspends a license under this Section, a
18 hearing upon such person's license must be convened by the
19 Disciplinary Board within 15 days after such suspension and
20 completed without appreciable delay. The Disciplinary Board
21 shall have the authority to review the subject physician's
22 record of treatment and counseling regarding the impairment,
23 to the extent permitted by applicable federal statutes and
24 regulations safeguarding the confidentiality of medical
25 records.
26 An individual licensed under this Act, affected under
27 this Section, shall be afforded an opportunity to demonstrate
28 to the Disciplinary Board that they can resume practice in
29 compliance with acceptable and prevailing standards under the
30 provisions of their license.
31 The Department may promulgate rules for the imposition of
32 fines in disciplinary cases, not to exceed $5,000 for each
33 violation of this Act. Fines may be imposed in conjunction
34 with other forms of disciplinary action, but shall not be the
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1 exclusive disposition of any disciplinary action arising out
2 of conduct resulting in death or injury to a patient. Any
3 funds collected from such fines shall be deposited in the
4 Medical Disciplinary Fund.
5 (B) The Department shall revoke the license or visiting
6 permit of any person issued under this Act to practice
7 medicine or to treat human ailments without the use of drugs
8 and without operative surgery, who has been convicted a
9 second time of committing any felony under the Illinois
10 Controlled Substances Act, or who has been convicted a second
11 time of committing a Class 1 felony under Sections 8A-3 and
12 8A-6 of the Illinois Public Aid Code. A person whose license
13 or visiting permit is revoked under this subsection B of
14 Section 22 of this Act shall be prohibited from practicing
15 medicine or treating human ailments without the use of drugs
16 and without operative surgery.
17 (C) The Medical Disciplinary Board shall recommend to
18 the Department civil penalties and any other appropriate
19 discipline in disciplinary cases when the Board finds that a
20 physician willfully performed an abortion with actual
21 knowledge that the person upon whom the abortion has been
22 performed is a minor or an incompetent person without notice
23 as required under the Parental Notice of Abortion Act of
24 1995. Upon the Board's recommendation, the Department shall
25 impose, for the first violation, a civil penalty of $1,000
26 and for a second or subsequent violation, a civil penalty of
27 $5,000.
28 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
29 89-626, eff. 8-9-96; 89-702, eff. 7-1-97.)
30 (225 ILCS 60/54.5 new)
31 Sec. 54.5. Physician delegation of authority.
32 (a) Physicians licensed to practice medicine in all its
33 branches may delegate care and treatment responsibilities to
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1 a physician assistant under guidelines in accordance with the
2 requirements of the Physician Assistant Practice Act of
3 1987. A physician licensed to practice medicine in all its
4 branches may enter into supervising physician agreements with
5 no more than 2 physician assistants.
6 (b) A physician licensed to practice medicine in all its
7 branches in active clinical practice may collaborate with an
8 advanced practice nurse in accordance with the requirements
9 of Title 15 of the Nursing and Advanced Practice Nursing Act.
10 Collaboration is for the purpose of providing medical
11 direction in a team relationship, and no employment
12 relationship is required. A written collaborative agreement
13 shall conform to the requirements of Sections 15-15 and 15-20
14 of the Nursing and Advanced Practice Nursing Act. The
15 agreement shall be for services the collaborating physician
16 generally provides to his or her patients in the normal
17 course of clinical medical practice. Physician medical
18 direction shall be adequate with respect to collaboration
19 with certified nurse practitioners, certified nurse midwives,
20 and clinical nurse specialists if a collaborating physician:
21 (1) participates in the joint formulation and joint
22 approval of orders or guidelines with the advanced
23 practice nurse and periodically reviews such orders and
24 the services provided patients under such orders in
25 accordance with accepted standards of medical practice
26 and advanced practice nursing practice;
27 (2) is on site at least once a month to provide
28 medical direction and consultation; and
29 (3) is available through telecommunications for
30 consultation on medical problems, complications, or
31 emergencies or patient referral.
32 (c) The supervising physician shall have access to the
33 medical records of all patients attended by a physician
34 assistant. The collaborating physician shall have access to
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1 the medical records of all patients attended to by an
2 advanced practice nurse.
3 (d) Nothing in this Act shall be construed to limit the
4 delegation of tasks or duties by a physician licensed to
5 practice medicine in all its branches to a licensed practical
6 nurse, a registered professional nurse, or other personnel.
7 (e) A physician shall not be liable for the acts or
8 omissions of a physician assistant or advanced practice nurse
9 solely on the basis of having signed a supervision agreement
10 or guidelines or a collaborative agreement, an order, a
11 standing medical order, a standing delegation order, or other
12 order or guideline authorizing a physician assistant or
13 advanced practice nurse to perform acts, unless the physician
14 has reason to believe the physician assistant or advanced
15 practice nurse lacked the competency to perform the act or
16 acts.
17 Section 15. The Illinois Nursing Act of 1987 is amended
18 by renumbering and changing Sections 1, 2, 3, 4, 4.1, 4.2,
19 4.5, 5, 5.1, 6, 7, 12, 14, 16, 17, 18, 21, 22, 23, 24, 26,
20 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42,
21 43, 44, 45, 46, 47, 48, and 49 and adding Sections 10-10,
22 10-15, 10-40, 10-45, 10-50, 15-5, 15-10, 15-15, 15-20, 15-30,
23 15-35, 15-40, 15-45, 15-50, 15-55, and 20-2 and new Title
24 headings as follows:
25 (225 ILCS 65/Title 5 heading new)
26 TITLE 5. GENERAL PROVISIONS
27 (225 ILCS 65/5-1, formerly 65/1)
28 Sec. 5-1. 1. This Article may be cited as the Illinois
29 Nursing and Advanced Practice Nursing Act, and throughout
30 this Article, references to this Act shall mean this Article
31 of 1987.
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1 (Source: P.A. 85-981; 86-1475.)
2 (225 ILCS 65/5-5, formerly 65/2)
3 Sec. 5-5. 2. Legislative purpose. The practice of
4 professional and practical nursing in the State of Illinois
5 is hereby declared to affect the public health, safety, and
6 welfare and to be subject to regulation and control in the
7 public interest. It is further declared to be a matter of
8 public interest and concern that the practice of nursing, as
9 defined in this Act, merit and receive the confidence of the
10 public and that only qualified persons be authorized to so
11 practice in the State of Illinois. This Act shall be
12 liberally construed to best carry out these subjects and
13 purposes.
14 (Source: P.A. 85-981.)
15 (225 ILCS 65/5-10, formerly 65/3)
16 Sec. 5-10. 3. Definitions. Each of the following terms,
17 when used in this Act, shall have the meaning ascribed to it
18 in this Section, except where the context clearly indicates
19 otherwise:
20 (a) "Department" means the Department of Professional
21 Regulation.
22 (b) "Director" means the Director of Professional
23 Regulation.
24 (c) "Board" means the Board of Nursing appointed by the
25 Director.
26 (d) "Academic year" means the customary annual schedule
27 of courses at a college, university, or approved school,
28 customarily regarded as the school year as distinguished from
29 the calendar year.
30 (e) "Approved program of professional nursing education"
31 and "approved program of practical nursing education" are
32 programs of professional or practical nursing, respectively,
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1 approved by the Department under the provisions of this Act.
2 (f) "Nursing Act Coordinator" means a registered
3 professional nurse appointed by the Director to carry out the
4 administrative policies of the Department.
5 (g) "Assistant Nursing Act Coordinator" means a
6 registered professional nurse appointed by the Director to
7 assist in carrying out the administrative policies of the
8 Department.
9 (h) "Registered" is the equivalent of "licensed".
10 (i) "Practical nurse" or "licensed practical nurse"
11 means a person who is licensed as a practical nurse under
12 this Act and practices practical nursing as defined in
13 paragraph (j) of this Section. Only a practical nurse
14 licensed under this Act is entitled to use the title
15 "licensed practical nurse" and the abbreviation "L.P.N.".
16 (j) "Practical nursing" means the performance of nursing
17 acts requiring the basic nursing knowledge, judgement, and
18 skill acquired by means of completion of an approved
19 practical nursing education program. Practical nursing
20 includes assisting in the nursing process as delegated by and
21 under the direction of a registered professional nurse. The
22 practical nurse may work under the direction of a licensed
23 physician, dentist, podiatrist, or other health care
24 professional determined by the Department.
25 (k) "Registered Nurse" or "Registered Professional
26 Nurse" means a person who is licensed as a professional nurse
27 under this Act and practices nursing as defined in paragraph
28 (l) of this Section. Only a registered nurse licensed under
29 this Act is entitled to use the titles "registered nurse" and
30 "registered professional nurse" and the abbreviation, "R.N.".
31 (l) "Registered professional nursing practice" includes
32 all nursing specialities and means the performance of any
33 nursing act based upon professional knowledge, judgment, and
34 skills acquired by means of completion of an approved
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1 registered professional nursing education program. A
2 registered professional nurse provides nursing care
3 emphasizing the importance of the whole and the
4 interdependence of its parts through the nursing process to
5 individuals, groups, families, or communities, that includes
6 but is not limited to: (1) the assessment of healthcare
7 needs, nursing diagnosis, planning, implementation, and
8 nursing evaluation; (2) the promotion, maintenance, and
9 restoration of health; (3) counseling, patient education,
10 health education, and patient advocacy; (4) the
11 administration of medications and treatments as prescribed by
12 a physician licensed to practice medicine in all of its
13 branches, a licensed dentist, a licensed podiatrist, or a
14 licensed optometrist or as prescribed by a physician
15 assistant in accordance with written guidelines required
16 under the Physician Assistant Practice Act of 1987 or by an
17 advanced practice nurse in accordance with a written
18 collaborative agreement required under the Nursing and
19 Advanced Practice Nursing Act; (5) the coordination and
20 management of the nursing plan of care; (6) the delegation to
21 and supervision of individuals who assist the registered
22 professional nurse implementing the plan of care; and (7)
23 teaching and supervision of nursing students. in The
24 foregoing shall not be deemed to include those acts of
25 medical diagnosis or prescription of therapeutic or
26 corrective measures that are properly performed only by
27 physicians licensed in the State of Illinois.
28 (m) "Current nursing practice update course" means a
29 planned nursing education curriculum approved by the
30 Department consisting of activities that have educational
31 objectives, instructional methods, content or subject matter,
32 clinical practice, and evaluation methods, related to basic
33 review and updating content and specifically planned for
34 those nurses previously licensed in the United States or its
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1 territories and preparing for reentry into nursing practice.
2 (n) "Professional assistance program for nurses" means a
3 professional assistance program that meets criteria
4 established by the Board of Committee on Nursing and approved
5 by the Director, which provides a non-disciplinary treatment
6 approach for nurses licensed under this Act whose ability to
7 practice is compromised by alcohol or chemical substance
8 addiction.
9 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
10 revised 8-12-97.)
11 (225 ILCS 65/5-15, formerly 65/4)
12 Sec. 5-15. 4. Policy; application of Act. For the
13 protection of life and the promotion of health, and the
14 prevention of illness and communicable diseases, any person
15 practicing or offering to practice professional and practical
16 nursing in Illinois shall submit evidence that he or she is
17 qualified to practice, and shall be licensed as provided
18 under this Act. No person shall practice or offer to
19 practice professional or practical nursing in Illinois or use
20 any title, sign, card or device to indicate that such a
21 person is practicing professional or practical nursing unless
22 such person has been licensed under the provisions of this
23 Act.
24 This Act does not prohibit the following:
25 (a) The practice of nursing in Federal employment in the
26 discharge of the employee's duties by a person who is
27 employed by the United States government or any bureau,
28 division or agency thereof and is a legally qualified and
29 licensed nurse of another state or territory and not in
30 conflict with Sections 10-5, 10-30, and 10-45 6, 12, and 25
31 of this Act.;
32 (b) Nursing that is included in their program of study
33 by students enrolled in programs of nursing or in current
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1 nurse practice update courses approved by the Department.;
2 (c) The furnishing of nursing assistance in an
3 emergency.;
4 (d) The practice of nursing by a nurse who holds an
5 active license in another state when providing services to
6 patients in Illinois during a bonafide emergency or in
7 immediate preparation for or during interstate transit.;
8 (e) The incidental care of the sick by members of the
9 family, domestic servants or housekeepers, or care of the
10 sick where treatment is by prayer or spiritual means.;
11 (f) Persons from being employed as nursing aides,
12 attendants, orderlies, and other auxiliary workers in private
13 homes, long term care facilities, nurseries, hospitals or
14 other institutions.;
15 (g) The practice of practical nursing by one who has
16 applied in writing to the Department in form and substance
17 satisfactory to the Department, for a license as a licensed
18 practical nurse and who has complied with all the provisions
19 under Section 10-30 12, except the passing of an examination
20 to be eligible to receive such license, until: the decision
21 of the Department that the applicant has failed to pass the
22 next available examination authorized by the Department, or
23 has failed, without an approved excuse, to take the next
24 available examination authorized by the Department, or until
25 the withdrawal of the application, but not to exceed 3
26 months. No applicant for licensure practicing under the
27 provisions of this paragraph shall practice practical nursing
28 except under the direct supervision of a registered
29 professional nurse licensed under this Act or a licensed
30 physician, dentist or podiatrist. In no instance shall any
31 such applicant practice or be employed in any supervisory
32 capacity.;
33 (h) The practice of practical nursing by one who is a
34 licensed practical nurse under the laws of another U.S.
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1 jurisdiction and has applied in writing to the Department, in
2 form and substance satisfactory to the Department, for a
3 license as a licensed practical nurse and who is qualified to
4 receive such license under Section 10-30 12, until: (1) the
5 expiration of 6 months after the filing of such written
6 application, or (2) the withdrawal of such application, or
7 (3) the denial of such application by the Department.;
8 (i) The practice of professional nursing by one who has
9 applied in writing to the Department in form and substance
10 satisfactory to the Department for a license as a registered
11 professional nurse and has complied with all the provisions
12 under Section 10-30 12 except the passing of an examination
13 to be eligible to receive such license, until: the decision
14 of the Department that the applicant has failed to pass the
15 next available examination authorized by the Department, or
16 has failed, without an approved excuse, to take the next
17 available examination authorized by the Department or until
18 the withdrawal of the application, but not to exceed 3
19 months. No applicant for licensure practicing under the
20 provisions of this paragraph shall practice professional
21 nursing except under the direct supervision of a registered
22 professional nurse licensed under this Act. In no instance
23 shall any such applicant practice or be employed in any
24 supervisory capacity.;
25 (j) The practice of professional nursing by one who is a
26 registered professional nurse under the laws of another
27 state, territory of the United States or country and has
28 applied in writing to the Department, in form and substance
29 satisfactory to the Department, for a license as a registered
30 professional nurse and who is qualified to receive such
31 license under Section 10-30 12, until: (1) the expiration
32 of 6 months after the filing of such written application, or
33 (2) the withdrawal of such application, or (3) the denial of
34 such application by the Department.;
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1 (k) The practice of professional nursing that is
2 included in a program of study by one who is a registered
3 professional nurse under the laws of another state or
4 territory of the United States or foreign country, territory
5 or province and who is enrolled in a graduate nursing
6 education program or a program for the completion of a
7 baccalaureate nursing degree in this State, which program
8 includes clinical supervision by faculty as determined by the
9 educational institution offering the program and the health
10 care organization where the practice of nursing occurs. The
11 educational institution will file with the Department each
12 academic term a list of the names and origin of license of
13 all professional nurses practicing nursing as part of their
14 programs under this provision.; or
15 (l) Any person licensed in this State under any other
16 Act from engaging in the practice for which she or he is
17 licensed.
18 An applicant for license practicing under the exceptions
19 set forth in subparagraphs (g), (h), (i), and (j) of this
20 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
21 Pend. respectively and no other.
22 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
23 revised 8-12-97.)
24 (225 ILCS 65/5-17, formerly 65/4.1)
25 Sec. 5-17. 4.1. Task Force. The Governor shall appoint
26 a task force to be convened by the Illinois Department of
27 Professional Regulation to study the roles, responsibilities,
28 training, competency, and supervision of persons who are
29 employed to assist a nurse, including nursing aides,
30 attendants, orderlies, and other auxiliary workers in private
31 homes, long term care facilities, nurseries, hospitals, and
32 other institutions. The purpose of the task force shall be
33 to determine if there is a need for regulation of such
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1 persons by the Department.
2 The task force shall be comprised of 11 members. The
3 task force shall include one representative from the
4 Department of Professional Regulation, one representative
5 from the Department of Public Health, and 9 persons
6 representing various nursing and health care provider
7 organizations in Illinois, including, but not limited to, a
8 representative from the Illinois Nurses Association, Illinois
9 Organization of Nurse Leaders, Illinois Hospital and Health
10 Systems Association, Illinois Health Care Association,
11 Illinois Coalition of Nursing Organizations, Life Services
12 Network, Licensed Practical Nursing Association of Illinois,
13 Certified Nurse Aide Educators, and Illinois Homecare
14 Council.
15 The task force shall report its findings and
16 recommendations to the Governor by January 1, 1999.
17 (Source: P.A. 90-248, eff. 1-1-98.)
18 (225 ILCS 65/5-22, formerly 65/4.2)
19 Sec. 5-22. 4.2. Social Security Number on license
20 application. In addition to any other information required
21 to be contained in the application, every application for an
22 original, renewal, or restored license under this Act shall
23 include the applicant's Social Security Number.
24 (Source: P.A. 90-144, eff. 7-23-97.)
25 (225 ILCS 65/5-20, formerly 65/4.5)
26 Sec. 5-20. 4.5. Unlicensed practice; violation; civil
27 penalty.
28 (a) Any person who practices, offers to practice,
29 attempts to practice, or holds oneself out to practice
30 nursing without being licensed under this Act shall, in
31 addition to any other penalty provided by law, pay a civil
32 penalty to the Department in an amount not to exceed $5,000
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1 for each offense as determined by the Department. The civil
2 penalty shall be assessed by the Department after a hearing
3 is held in accordance with the provisions set forth in this
4 Act regarding the provision of a hearing for the discipline
5 of a licensee.
6 (b) The Department has the authority and power to
7 investigate any and all unlicensed activity.
8 (c) The civil penalty shall be paid within 60 days after
9 the effective date of the order imposing the civil penalty.
10 The order shall constitute a judgment and may be filed and
11 execution had thereon in the same manner as any judgment from
12 any court of record.
13 (Source: P.A. 89-474, eff. 6-18-96.)
14 (225 ILCS 65/5-25, formerly 65/5)
15 Sec. 5-25. 5. Emergency care; civil liability.
16 Exemption from civil liability for emergency care is as
17 provided in the Good Samaritan Act.
18 (Source: P.A. 89-607, eff. 1-1-97.)
19 (225 ILCS 65/5-30, formerly 65/5.1)
20 Sec. 5-30. 5.1. Services rendered without compensation;
21 civil liability. Exemption from civil liability for services
22 rendered without compensation is as provided in the Good
23 Samaritan Act.
24 (Source: P.A. 89-607, eff. 1-1-97.)
25 (225 ILCS 65/Title 10 heading new)
26 TITLE 10. REGISTERED NURSES
27 AND LICENSED PRACTICAL NURSES
28 (225 ILCS 65/10-5, formerly 65/6)
29 Sec. 10-5. Prohibited acts. 6. No person shall:
30 (a) Practice professional nursing without a valid
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1 license as a registered professional nurse except as provided
2 in paragraphs (i) and (j) of Section 5-15 4 of this Act;
3 (b) Practice practical nursing without a valid license
4 as a licensed practical nurse; or practice practical nursing
5 other than under the direction of a licensed physician,
6 licensed dentist, or registered professional nurse; except as
7 provided in paragraphs (g), (h), and (j) of Section 5-15 4 of
8 this Act;
9 (c) Practice nursing under cover of any diploma,
10 license, or record illegally or fraudulently obtained or
11 signed or issued unlawfully or under fraudulent
12 representation;
13 (d) Practice nursing during the time her or his license
14 is suspended, revoked, expired or on inactive status;
15 (e) Use any words, abbreviations, figures, letters,
16 title, sign, card, or device tending to imply that she or he
17 is a registered professional nurse, including the titles or
18 initials, "Registered Nurse," "Professional Nurse,"
19 "Registered Professional Nurse," "Certified Nurse," "Trained
20 Nurse," "Graduate Nurse," "P.N.," or "R.N.," or "R.P.N." or
21 similar titles or initials with intention of indicating
22 practice without a valid license as a registered professional
23 nurse;
24 (f) Use any words, abbreviations figures, letters,
25 title, sign, card, or device tending to imply that she or he
26 is a licensed practical nurse including the titles or
27 initials "Practical Nurse," "Licensed Practical Nurse,"
28 "P.N.," or "L.P.N.," or similar titles or initials with
29 intention of indicated practice as a licensed practical nurse
30 without a valid license as a licensed practical nurse under
31 this Act;
32 (g) Obtain or furnish a license by or for money or any
33 other thing of value other than the fees required by Section
34 20-35 23, or by any fraudulent representation or act;
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1 (h) Make any wilfully false oath or affirmation required
2 by this Act;
3 (i) Conduct a nursing education program preparing
4 persons for licensure that has not been approved by the
5 Department;
6 (j) Represent that any school or course is approved or
7 accredited as a school or course for the education of
8 registered professional nurses or licensed practical nurses
9 unless such school or course is approved by the Department
10 under the provisions of this Act;
11 (k) Attempt or offer to do any of the acts enumerated in
12 this Section, or knowingly aid, abet, assist in the doing of
13 any such acts or in the attempt or offer to do any of such
14 acts;
15 (l) Seek employment as a registered professional nurse
16 under the terms of paragraphs (i) and (j) of Section 5-15 4
17 of this Act without possessing a written authorization which
18 has been issued by the Department or designated testing
19 service and which evidences the filing of the written
20 application referred to in paragraphs paragraph (i) and (j)
21 of Section 5-15 4 of this Act;
22 (m) Seek employment as a licensed practical nurse under
23 the terms of paragraphs (g) and (h) of Section 5-15 4 of this
24 Act without possessing a written authorization which has been
25 issued by the Department or designated testing service and
26 which evidences the filing of the written application
27 referred to in paragraphs paragraph (g) and (h) of Section
28 5-15 4 of this Act;
29 (n) Employ or utilize persons not licensed under this
30 Act to practice professional nursing or practical nursing;
31 and
32 (o) Otherwise intentionally violate any provision of
33 this Act.
34 Any person, including a firm, association or corporation
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1 who violates any provision of this Section shall be guilty of
2 a Class A misdemeanor.
3 (Source: P.A. 85-981.)
4 (225 ILCS 65/10-10 new)
5 Sec. 10-10. Department powers and duties.
6 (a) The Department shall exercise the powers and duties
7 prescribed by the Civil Administrative Code of Illinois for
8 administration of licensing acts and shall exercise other
9 powers and duties necessary for effectuating the purpose of
10 this Act. None of the functions, powers, or duties of the
11 Department with respect to licensure and examination shall be
12 exercised by the Department except upon review by the Board.
13 The Department shall adopt rules to implement, interpret, or
14 make specific the provisions and purposes of this Act;
15 however no such rules shall be adopted by the Department
16 except upon review by the Board.
17 (b) The Department shall:
18 (1) prepare and maintain a list of approved
19 programs of professional nursing education and programs
20 of practical nursing education in this State, whose
21 graduates, if they have the other necessary
22 qualifications provided in this Act, shall be eligible to
23 apply for a license to practice nursing in this State;
24 (2) promulgate rules defining what constitutes an
25 approved program of professional nursing education and
26 what constitutes an approved program of practical nursing
27 education; and
28 (3) adopt rules for examination of candidates for
29 licenses and for issuance of licenses authorizing
30 candidates upon passing an examination to practice under
31 this Act.
32 (225 ILCS 65/10-15 new)
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1 Sec. 10-15. Nursing Act Coordinator. The Department
2 shall obtain, pursuant to the Personnel Code, a Nursing Act
3 Coordinator and assistants. The Nursing Coordinator and
4 assistants shall be professional nurses licensed in this
5 State and graduated from approved schools of nursing and each
6 shall have been actively engaged in nursing education not
7 less than one year prior to appointment. The Nursing Act
8 Coordinator shall hold at least a master's degree in nursing
9 from an approved college or university and shall have at
10 least 5 years experience since graduation in progressively
11 responsible positions in nursing education. Each assistant
12 shall hold at least a master's degree in nursing from an
13 approved college or university and shall have at least 3
14 years experience since graduation in progressively
15 responsible positions in nursing education. The Nursing Act
16 Coordinator and assistants shall perform such administrative
17 functions as may be delegated to them by the Director.
18 (225 ILCS 65/10-25, formerly 65/7)
19 Sec. 10-25. 7. Board.
20 (a) The Director shall appoint the Board of Nursing
21 which shall be composed of 9 registered professional nurses,
22 2 licensed practical nurses and one public member who shall
23 also be a voting member and who is not a licensed health care
24 provider. Two 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; one registered nurse shall hold at least a
29 bachelor's degree with a major in nursing and be an educator
30 in a licensed practical nursing program; one registered nurse
31 shall hold a master's degree in nursing and shall represent
32 nursing service administration; 2 registered nurses shall
33 represent clinical nursing practice, one of whom shall have
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1 at least a master's degree in nursing; and 2 registered
2 nurses shall represent advanced specialty practice. Each of
3 the 11 nurses shall have had a minimum of 5 years experience
4 in nursing, 3 of which shall be in the area they represent on
5 the Board and be actively engaged in the area of nursing they
6 represent at the time of appointment and during their tenure
7 on the Board. Members shall be appointed for a term of 3
8 years. No member shall be eligible for appointment to more
9 than 2 consecutive terms and any appointment to fill a
10 vacancy shall be for the unexpired portion of the term. In
11 making Board appointments, the Director shall give
12 consideration to recommendations submitted by nursing
13 organizations. Consideration shall be given to equal
14 geographic representation. The Board shall receive actual
15 and necessary expenses incurred in the performance of their
16 duties.
17 In making the initial appointments, the Director shall
18 appoint all new members for terms of 2, 3, and 4 years and
19 such terms shall be staggered as follows: 3 shall be
20 appointed for terms of 2 years; 3 shall be appointed for
21 terms of 3 years; and 3 shall be appointed for terms of 4
22 years.
23 The Director may remove any member of the Board for
24 misconduct, incapacity, or neglect of duty. The Director
25 shall reduce to writing any causes for removal.
26 The Board shall meet annually to elect a chairperson and
27 vice chairperson. The Board may hold such other meetings
28 during the year as may be necessary to conduct its business.
29 Six voting members of the Board shall constitute a quorum at
30 any meeting. Any action taken by the Board must be on the
31 affirmative vote of 6 members. Voting by proxy shall not be
32 permitted.
33 The Board shall submit an annual report to the Director.
34 The members of the Board shall be immune from suit in any
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1 action based upon any disciplinary proceedings or other acts
2 performed in good faith as members of the Board.
3 (b) The Board is authorized to:
4 (1) recommend the adoption and, from time to time,
5 the revision of such rules that may be necessary to carry
6 out the provisions of this Act;
7 (2) conduct hearings and disciplinary conferences
8 upon charges calling for discipline of a licensee as
9 provided in Section 10-45 25;
10 (3) report to the Department, upon completion of a
11 hearing, the disciplinary actions recommended to be taken
12 against persons violating this Act;
13 (4) recommend the approval, denial of approval,
14 withdrawal of approval, or discipline of nursing
15 education programs;
16 (5) participate in a national organization of state
17 boards of nursing; and
18 (6) recommend a list of the registered nurses to
19 serve as Nursing Act Coordinator and Assistant Nursing
20 Act Coordinator, respectively.
21 (Source: P.A. 90-61, eff. 12-30-97.)
22 (225 ILCS 65/10-30, formerly 65/12)
23 Sec. 10-30. 12. Qualifications for licensure.
24 (a) Each applicant who successfully meets the
25 requirements of this Section shall be entitled to licensure
26 as a Registered Nurse or Licensed Practical Nurse, whichever
27 is applicable.
28 (b) An applicant for licensure by examination to
29 practice as a registered nurse or licensed practical nurse
30 shall:
31 (1) submit a completed written application, on
32 forms provided by the Department and fees as established
33 by the Department;
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1 (2) for registered nurse licensure, have completed
2 an approved professional nursing education program of not
3 less than 2 academic years and have graduated from the
4 program; for licensed practical nurse licensure, have
5 completed an approved practical nursing education program
6 of not less than one academic year and have graduated
7 from the program;
8 (3) have not violated the provisions of Section
9 10-45 25 of this Act. The Department may take into
10 consideration any felony conviction of the applicant, but
11 such a conviction shall not operate as an absolute bar to
12 licensure;
13 (4) meet all other requirements as established by
14 rule;
15 (5) pay, either to the Department or its designated
16 testing service, a fee covering the cost of providing the
17 examination. Failure to appear for the examination on the
18 scheduled date at the time and place specified after the
19 applicant's application for examination has been received
20 and acknowledged by the Department or the designated
21 testing service shall result in the forfeiture of the
22 examination fee.
23 If an applicant neglects, fails, or refuses to take an
24 examination or fails to pass an examination for a license
25 under this Act within 3 years after filing the application,
26 the application shall be denied. However, the applicant may
27 make a new application accompanied by the required fee and
28 provide evidence of meeting the requirements in force at the
29 time of the new application.
30 An applicant shall have one year from the date of
31 notification of successful completion of the examination to
32 apply to the Department for a license. If an applicant fails
33 to apply within one year, the applicant shall be required to
34 again take and pass the examination unless licensed in
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1 another jurisdiction of the United States within 2 years of
2 passing the examination.
3 (c) An applicant for licensure who is a registered
4 professional nurse or a licensed practical nurse licensed by
5 examination under the laws of another state or territory of
6 the United States shall:
7 (1) submit a completed written application, on
8 forms supplied by the Department, and fees as established
9 by the Department;
10 (2) for registered nurse licensure, have completed
11 an approved professional nursing education program of not
12 less than 2 academic years and have graduated from the
13 program; for licensed practical nurse licensure, have
14 completed an approved practical nursing education program
15 of not less than one academic year and have graduated
16 from the program;
17 (3) submit verification of licensure status
18 directly from the United States jurisdiction of
19 licensure;
20 (4) have passed the examination authorized by the
21 Department;
22 (5) meet all other requirements as established by
23 rule.
24 (d) All applicants for licensure pursuant to this
25 Section who are graduates of nursing educational programs in
26 a country other than the United States or its territories
27 must submit to the Department certification of successful
28 completion of the Commission of Graduates of Foreign Nursing
29 Schools (CGFNS) examination. An applicant, who is unable to
30 provide appropriate documentation to satisfy CGFNS of her or
31 his educational qualifications for the CGFNS examination,
32 shall be required to pass an examination to test competency
33 in the English language which shall be prescribed by the
34 Department, if the applicant is determined by the Board to be
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1 educationally prepared in nursing. The Board shall make
2 appropriate inquiry into the reasons for any adverse
3 determination by CGFNS before making its own decision.
4 An applicant licensed in another state or territory who
5 is applying for licensure and has received her or his
6 education in a country other than the United States or its
7 territories shall be exempt from the completion of the
8 Commission of Graduates of Foreign Nursing Schools (CGFNS)
9 examination if the applicant meets all of the following
10 requirements:
11 (1) successful passage of the licensure examination
12 authorized by the Department;
13 (2) holds an active, unencumbered license in
14 another state; and
15 (3) has been actively practicing for a minimum of 2
16 years in another state.
17 (e) No applicant shall be issued a license as a
18 registered nurse or practical nurse under this Section unless
19 he or she has passed the examination authorized by the
20 Department within 3 years of completion and graduation from
21 an approved nursing education program, unless such applicant
22 submits proof of successful completion of a
23 Department-authorized remedial nursing education program or
24 recompletion of an approved registered nursing program or
25 licensed practical nursing program, as appropriate.
26 (f) Pending the issuance of a license under subsection
27 (b) of this Section, the Department may grant an applicant a
28 temporary license to practice nursing as a registered nurse
29 or as a licensed practical nurse if the Department is
30 satisfied that the applicant holds an active, unencumbered
31 license in good standing in another jurisdiction. If the
32 applicant holds more than one current active license, or one
33 or more active temporary licenses from other jurisdictions,
34 the Department shall not issue a temporary license until it
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1 is satisfied that each current active license held by the
2 applicant is unencumbered. The temporary license, which
3 shall be issued no later than 14 working days following
4 receipt by the Department of an application for the temporary
5 license, shall be granted upon the submission of the
6 following to the Department:
7 (1) a signed and completed application for
8 licensure under subsection (a) of this Section as a
9 registered nurse or a licensed practical nurse;
10 (2) proof of a current, active license in at least
11 one other jurisdiction and proof that each current active
12 license or temporary license held by the applicant is
13 unencumbered;
14 (3) a signed and completed application for a
15 temporary license; and
16 (4) the required permit fee.
17 (g) The Department may refuse to issue an applicant a
18 temporary license authorized pursuant to this Section if,
19 within 14 working days following its receipt of an
20 application for a temporary license, the Department
21 determines that:
22 (1) the applicant has been convicted of a crime
23 under the laws of a jurisdiction of the United States:
24 (i) which is a felony; or (ii) which is a misdemeanor
25 directly related to the practice of the profession,
26 within the last 5 years;
27 (2) within the last 5 years the applicant has had a
28 license or permit related to the practice of nursing
29 revoked, suspended, or placed on probation by another
30 jurisdiction, if at least one of the grounds for
31 revoking, suspending, or placing on probation is the same
32 or substantially equivalent to grounds in Illinois; or
33 (3) it intends to deny licensure by endorsement.
34 For purposes of this Section, an "unencumbered license"
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1 means a license against which no disciplinary action has been
2 taken or is pending and for which all fees and charges are
3 paid and current.
4 (h) The Department may revoke a temporary license issued
5 pursuant to this Section if:
6 (1) it determines that the applicant has been
7 convicted of a crime under the law of any jurisdiction of
8 the United States that is (i) a felony or (ii) a
9 misdemeanor directly related to the practice of the
10 profession, within the last 5 years;
11 (2) it determines that within the last 5 years the
12 applicant has had a license or permit related to the
13 practice of nursing revoked, suspended, or placed on
14 probation by another jurisdiction, if at least one of the
15 grounds for revoking, suspending, or placing on probation
16 is the same or substantially equivalent to grounds in
17 Illinois; or
18 (3) it determines that it intends to deny licensure
19 by endorsement.
20 A temporary license or renewed temporary license shall
21 expire (i) upon issuance of an Illinois license or (ii) upon
22 notification that the Department intends to deny licensure by
23 endorsement. A temporary license shall expire 6 months from
24 the date of issuance. Further renewal may be granted by the
25 Department in hardship cases, as defined by rule. However, a
26 temporary license shall automatically expire upon issuance of
27 the Illinois license or upon notification that the Department
28 intends to deny licensure, whichever occurs first. No
29 extensions shall be granted beyond the 6-month period unless
30 approved by the Director. Notification by the Department
31 under this Section shall be by certified or registered mail.
32 (Source: P.A. 90-61, eff. 12-30-97.)
33 (225 ILCS 65/10-35, formerly 65/14)
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1 Sec. 10-35. 14. Concurrent theory and clinical practice
2 education requirements. Except for those applicants who have
3 received advanced graduate degrees in nursing from an
4 approved program with concurrent theory and clinical
5 practice, the educational requirements of Section 10-30 12
6 relating to registered professional nursing and licensed
7 practical nursing shall not be deemed to have been satisfied
8 by the completion of any correspondence course or any program
9 of nursing that does not require coordinated or concurrent
10 theory and clinical practice.
11 (Source: P.A. 90-61, eff. 12-30-97.)
12 (225 ILCS 65/10-40 new)
13 Sec. 10-40. Endorsement. Upon payment of the required
14 fee, an applicant who is a registered professional nurse or a
15 licensed practical nurse educated and licensed under the laws
16 of a foreign country, territory or province shall write and
17 pass an examination conducted by the Department to determine
18 her or his fitness for licensure as a registered professional
19 nurse or a licensed practical nurse:
20 (a) whenever the requirements of such country, territory
21 or province were at the date of license substantially equal
22 to the requirements then in force in this State; and with
23 respect to practical nursing, if prior to the enactment of
24 this Act, substantially equal to the requirements of this Act
25 at the time of its enactment; or
26 (b) whenever such requirements of another country,
27 territory or province together with educational and
28 professional qualifications, as distinguished from practical
29 experience, of the applicant since obtaining a license as a
30 registered professional nurse or a licensed practical nurse
31 in such country, territory or province are substantially
32 equal to the requirements in force in Illinois at the time of
33 application for licensure as a registered nurse or a licensed
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1 practical nurse in Illinois.
2 The examination shall be the same as that required of
3 other applicants for licensure by examination.
4 Applicants have 3 years from the date of application to
5 complete the application process. If the process has not
6 been completed in 3 years, the application shall be denied,
7 the fee forfeited and the applicant must reapply and meet the
8 requirements in effect at the time of reapplication.
9 (225 ILCS 65/10-45 new)
10 Sec. 10-45. Grounds for disciplinary action.
11 (a) The Department may, upon recommendation of the
12 Board, refuse to issue or to renew, or may revoke, suspend,
13 place on probation, reprimand, or take other disciplinary
14 action as the Department may deem appropriate with regard to
15 a license for any one or combination of the causes set forth
16 in subsection (b) below. Fines up to $2,500 may be imposed
17 in conjunction with other forms of disciplinary action for
18 those violations that result in monetary gain for the
19 licensee. Fines shall not be the exclusive disposition of any
20 disciplinary action arising out of conduct resulting in death
21 or injury to a patient. Fines shall not be assessed in
22 disciplinary actions involving mental or physical illness or
23 impairment. All fines collected under this Section shall be
24 deposited in the Nursing Dedicated and Professional Fund.
25 (b) Grounds for disciplinary action include the
26 following:
27 (1) Material deception in furnishing information to
28 the Department.
29 (2) Material violations of any provision of this
30 Act or violation of the rules of or final administrative
31 action of the Director, after consideration of the
32 recommendation of the Board.
33 (3) Conviction of any crime under the laws of any
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1 jurisdiction of the United States: (i) which is a felony;
2 or (ii) which is a misdemeanor, an essential element of
3 which is dishonesty, or (iii) of any crime which is
4 directly related to the practice of the profession.
5 (4) A pattern of practice or other behavior which
6 demonstrates incapacity or incompetency to practice under
7 this Act.
8 (5) Knowingly aiding or assisting another person in
9 violating any provision of this Act or rules.
10 (6) Failing, within 90 days, to provide a response
11 to a request for information in response to a written
12 request made by the Department by certified mail.
13 (7) Engaging in dishonorable, unethical or
14 unprofessional conduct of a character likely to deceive,
15 defraud or harm the public, as defined by rule.
16 (8) Unlawful sale or distribution of any drug,
17 narcotic, or prescription device, or unlawful conversion
18 of any drug, narcotic or prescription device.
19 (9) Habitual or excessive use or addiction to
20 alcohol, narcotics, stimulants, or any other chemical
21 agent or drug which results in a licensee's inability to
22 practice with reasonable judgment, skill or safety.
23 (10) Discipline by another U.S. jurisdiction or
24 foreign nation, if at least one of the grounds for the
25 discipline is the same or substantially equivalent to
26 those set forth in this Section.
27 (11) A finding that the licensee, after having her
28 or his license placed on probationary status, has
29 violated the terms of probation.
30 (12) Being named as a perpetrator in an indicated
31 report by the Department of Children and Family Services
32 and under the Abused and Neglected Child Reporting Act,
33 and upon proof by clear and convincing evidence that the
34 licensee has caused a child to be an abused child or
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1 neglected child as defined in the Abused and Neglected
2 Child Reporting Act.
3 (13) Willful omission to file or record, or
4 willfully impeding the filing or recording or inducing
5 another person to omit to file or record medical reports
6 as required by law or willfully failing to report an
7 instance of suspected child abuse or neglect as required
8 by the Abused and Neglected Child Reporting Act.
9 (14) Gross negligence in the practice of nursing.
10 (15) Holding oneself out to be practicing nursing
11 under any name other than one's own.
12 (16) Fraud, deceit or misrepresentation in applying
13 for or procuring a license under this Act or in
14 connection with applying for renewal of a license under
15 this Act.
16 (17) Allowing another person or organization to use
17 the licensees' license to deceive the public.
18 (18) Willfully making or filing false records or
19 reports in the licensee's practice, including but not
20 limited to false records to support claims against the
21 medical assistance program of the Department of Public
22 Aid under the Illinois Public Aid Code.
23 (19) Attempting to subvert or cheat on a nurse
24 licensing examination administered under this Act.
25 (20) Immoral conduct in the commission of an act,
26 such as sexual abuse, sexual misconduct, or sexual
27 exploitation, related to the licensee's practice.
28 (21) Willfully or negligently violating the
29 confidentiality between nurse and patient except as
30 required by law.
31 (22) Practicing under a false or assumed name,
32 except as provided by law.
33 (23) The use of any false, fraudulent, or deceptive
34 statement in any document connected with the licensee's
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1 practice.
2 (24) Directly or indirectly giving to or receiving
3 from a person, firm, corporation, partnership, or
4 association a fee, commission, rebate, or other form of
5 compensation for professional services not actually or
6 personally rendered.
7 (25) Failure of a licensee to report to the
8 Department any adverse final action taken against such
9 licensee by another licensing jurisdiction (any other
10 jurisdiction of the United States or any foreign state or
11 country), by any peer review body, by any health care
12 institution, by any professional or nursing society or
13 association, by any governmental agency, by any law
14 enforcement agency, or by any court or a nursing
15 liability claim related to acts or conduct similar to
16 acts or conduct that would constitute grounds for action
17 as defined in this Section.
18 (26) Failure of a licensee to report to the
19 Department surrender by the licensee of a license or
20 authorization to practice nursing in another state or
21 jurisdiction, or current surrender by the licensee of
22 membership on any nursing staff or in any nursing or
23 professional association or society while under
24 disciplinary investigation by any of those authorities or
25 bodies for acts or conduct similar to acts or conduct
26 that would constitute grounds for action as defined by
27 this Section.
28 (27) A violation of the Health Care Worker
29 Self-Referral Act.
30 (28) Physical illness, including but not limited to
31 deterioration through the aging process or loss of motor
32 skill, mental illness, or disability that results in the
33 inability to practice the profession with reasonable
34 judgment, skill, or safety.
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1 (c) The determination by a circuit court that a licensee
2 is subject to involuntary admission or judicial admission as
3 provided in the Mental Health and Developmental Disabilities
4 Code, as amended, operates as an automatic suspension. The
5 suspension will end only upon a finding by a court that the
6 patient is no longer subject to involuntary admission or
7 judicial admission and issues an order so finding and
8 discharging the patient; and upon the recommendation of the
9 Board to the Director that the licensee be allowed to resume
10 his or her practice.
11 (d) The Department may refuse to issue or may suspend
12 the license of any person who fails to file a return, or to
13 pay the tax, penalty or interest shown in a filed return, or
14 to pay any final assessment of the tax, penalty, or interest
15 as required by any tax Act administered by the Illinois
16 Department of Revenue, until such time as the requirements of
17 any such tax Act are satisfied.
18 (e) In enforcing this Section, the Department or Board
19 upon a showing of a possible violation may compel an
20 individual licensed to practice under this Act, or who has
21 applied for licensure under this Act, to submit to a mental
22 or physical examination, or both, as required by and at the
23 expense of the Department. The Department or Board may order
24 the examining physician to present testimony concerning the
25 mental or physical examination of the licensee or applicant.
26 No information shall be excluded by reason of any common law
27 or statutory privilege relating to communications between the
28 licensee or applicant and the examining physician. The
29 examining physicians shall be specifically designated by the
30 Board or Department. The individual to be examined may have,
31 at his or her own expense, another physician of his or her
32 choice present during all aspects of this examination.
33 Failure of an individual to submit to a mental or physical
34 examination, when directed, shall be grounds for suspension
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1 of his or her license until the individual submits to the
2 examination if the Department finds, after notice and
3 hearing, that the refusal to submit to the examination was
4 without reasonable cause.
5 If the Department or Board finds an individual unable to
6 practice because of the reasons set forth in this Section,
7 the Department or Board may require that individual to submit
8 to care, counseling, or treatment by physicians approved or
9 designated by the Department or Board, as a condition, term,
10 or restriction for continued, reinstated, or renewed
11 licensure to practice; or, in lieu of care, counseling, or
12 treatment, the Department may file, or the Board may
13 recommend to the Department to file, a complaint to
14 immediately suspend, revoke, or otherwise discipline the
15 license of the individual. An individual whose license was
16 granted, continued, reinstated, renewed, disciplined or
17 supervised subject to such terms, conditions, or
18 restrictions, and who fails to comply with such terms,
19 conditions, or restrictions, shall be referred to the
20 Director for a determination as to whether the individual
21 shall have his or her license suspended immediately, pending
22 a hearing by the Department.
23 In instances in which the Director immediately suspends a
24 person's license under this Section, a hearing on that
25 person's license must be convened by the Department within 15
26 days after the suspension and completed without appreciable
27 delay. The Department and Board shall have the authority to
28 review the subject individual's record of treatment and
29 counseling regarding the impairment to the extent permitted
30 by applicable federal statutes and regulations safeguarding
31 the confidentiality of medical records.
32 An individual licensed under this Act and affected under
33 this Section shall be afforded an opportunity to demonstrate
34 to the Department or Board that he or she can resume practice
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1 in compliance with acceptable and prevailing standards under
2 the provisions of his or her license.
3 (225 ILCS 65/10-50 new)
4 Sec. 10-50. Intoxication and drug abuse.
5 (a) A professional assistance program for nurses shall
6 be established by January 1, 1999.
7 (b) The Director shall appoint a task force to advise in
8 the creation of the assistance program. The task force shall
9 include members of the Department and professional nurses,
10 and shall report its findings and recommendations to the
11 Committee on Nursing.
12 (c) Any registered professional nurse who is an
13 administrator or officer in any hospital, nursing home, other
14 health care agency or facility, or nurse agency and has
15 knowledge of any action or condition which reasonably
16 indicates to her or him that a registered professional nurse
17 or licensed practical nurse employed by or practicing nursing
18 in such hospital, nursing home, other health care agency or
19 facility, or nurse agency is habitually intoxicated or
20 addicted to the use of habit-forming drugs to the extent that
21 such intoxication or addiction adversely affects such nurse's
22 professional performance, or unlawfully possesses, uses,
23 distributes or converts habit-forming drugs belonging to the
24 hospital, nursing home or other health care agency or
25 facility for such nurse's own use, shall promptly file a
26 written report thereof to the Department; provided however,
27 an administrator or officer need not file the report if the
28 nurse participates in a course of remedial professional
29 counseling or medical treatment for substance abuse, as long
30 as such nurse actively pursues such treatment under
31 monitoring by the administrator or officer or by the
32 hospital, nursing home, health care agency or facility, or
33 nurse agency and the nurse continues to be employed by such
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1 hospital, nursing home, health care agency or facility, or
2 nurse agency. The Department shall review all reports
3 received by it in a timely manner. Its initial review shall
4 be completed no later than 60 days after receipt of the
5 report. Within this 60 day period, the Department shall, in
6 writing, make a determination as to whether there are
7 sufficient facts to warrant further investigation or action.
8 Should the Department find insufficient facts to warrant
9 further investigation, or action, the report shall be
10 accepted for filing and the matter shall be deemed closed and
11 so reported.
12 Should the Department find sufficient facts to warrant
13 further investigation, such investigation shall be completed
14 within 60 days of the date of the determination of sufficient
15 facts to warrant further investigation or action. Final
16 action shall be determined no later than 30 days after the
17 completion of the investigation. If there is a finding which
18 verifies habitual intoxication or drug addiction which
19 adversely affects professional performance or the unlawful
20 possession, use, distribution or conversion of habit-forming
21 drugs by the reported nurse, the Department may refuse to
22 issue or renew or may suspend or revoke that nurse's license
23 as a registered professional nurse or a licensed practical
24 nurse.
25 Any of the aforementioned actions or a determination that
26 there are insufficient facts to warrant further investigation
27 or action shall be considered a final action. The nurse
28 administrator or officer who filed the original report or
29 complaint, and the nurse who is the subject of the report,
30 shall be notified in writing by the Department within 15 days
31 of any final action taken by the Department.
32 Each year on March 1, commencing with the effective date
33 of this Act, the Department shall submit a report to the
34 General Assembly. The report shall include the number of
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1 reports made under this Section to the Department during the
2 previous year, the number of reports reviewed and found
3 insufficient to warrant further investigation, the number of
4 reports not completed and the reasons for incompletion. This
5 report shall be made available also to nurses requesting the
6 report.
7 Any person making a report under this Section or in good
8 faith assisting another person in making such a report shall
9 have immunity from any liability, either criminal or civil,
10 that might result by reason of such action. For the purpose
11 of any legal proceeding, criminal or civil, there shall be a
12 rebuttable presumption that any person making a report under
13 this Section or assisting another person in making such
14 report was acting in good faith. All such reports and any
15 information disclosed to or collected by the Department
16 pursuant to this Section shall remain confidential records of
17 the Department and shall not be disclosed nor be subject to
18 any law or regulation of this State relating to freedom of
19 information or public disclosure of records.
20 (225 ILCS 65/Title 15 heading new)
21 TITLE 15. ADVANCED PRACTICE NURSES
22 (225 ILCS 65/15-5 new)
23 Sec. 15-5. Definitions. As used in this Title:
24 "APN Board" means the Advanced Practice Nursing Board.
25 "Advanced practice nurse" or "APN" means a person who:
26 (1) is licensed as a registered professional nurse under
27 this Act; (2) meets the requirements for licensure as an
28 advanced practice nurse under Section 15-10; (3) has a
29 written collaborative agreement with a collaborating
30 physician in the diagnosis of illness and management of
31 wellness and other conditions as appropriate to the level and
32 area of his or her practice in accordance with Section 15-15;
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1 and (4) cares for patients (A) by using advanced diagnostic
2 skills, the results of diagnostic tests and procedures
3 ordered by the advanced practice nurse, a physician
4 assistant, a dentist, a podiatrist, or a physician, and
5 professional judgment to initiate and coordinate the care of
6 patients; (B) by ordering diagnostic tests, prescribing
7 medications and drugs in accordance with Section 15-20, and
8 administering medications and drugs; and (C) by using
9 medical, therapeutic, and corrective measures to treat
10 illness and improve health status. Categories include
11 certified nurse midwife (CNM), certified nurse practitioner
12 (CNP), or certified clinical nurse specialist (CNS).
13 "Collaborating physician" means a physician who works
14 with an advanced practice nurse and provides medical
15 direction as documented in a written collaborative agreement
16 required under Section 15-15.
17 "Licensed hospital" means a hospital licensed under the
18 Hospital Licensing Act or organized under the University of
19 Illinois Hospital Act.
20 "Physician" means a person licensed to practice medicine
21 in all its branches under the Medical Practice Act of 1987.
22 (225 ILCS 65/15-10 new)
23 Sec. 15-10. Advanced practice nurse; qualifications;
24 roster.
25 (a) A person shall be qualified for licensure as an
26 advanced practice nurse if that person:
27 (1) has applied in writing in form and substance
28 satisfactory to the Department and has not violated a
29 provision of this Act or the rules adopted under this
30 Act. The Department may take into consideration any
31 felony conviction of the applicant but a conviction shall
32 not operate as an absolute bar to licensure;
33 (2) holds a current license to practice as a
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1 registered nurse in Illinois;
2 (3) has successfully completed requirements to
3 practice as, and holds a current, national certification
4 as, a nurse midwife, clinical nurse specialist, or nurse
5 practitioner from the appropriate national certifying
6 body as determined by rule of the Department;
7 (4) has paid the required fees as set by rule; and
8 (5) has successfully completed a post-basic
9 advanced practice formal education program in the area of
10 his or her nursing specialty.
11 (b) In addition to meeting the requirements of
12 subsection (a), except item (5) of that subsection, beginning
13 July 1, 2001 or 12 months after the adoption of final rules
14 to implement this Section, whichever is sooner, applicants
15 for initial licensure shall have a graduate degree
16 appropriate for national certification in a clinical advanced
17 practice nursing specialty.
18 (c) The Department shall provide by rule for APN
19 licensure of registered professional nurses who (1) apply for
20 licensure before July 1, 2001 and (2) submit evidence of
21 completion of a program described in item (5) of subsection
22 (a) or in subsection (b) and evidence of practice for at
23 least 10 years as a nurse practitioner.
24 (d) The Department shall maintain a separate roster of
25 advanced practice nurses licensed under this Title and their
26 licenses shall indicate "Registered Nurse/Advanced Practice
27 Nurse".
28 (225 ILCS 65/15-15 new)
29 Sec. 15-15. Written collaborative agreements.
30 (a) No person shall engage in the practice of advanced
31 practice nursing except when licensed under this Title and
32 pursuant to a written collaborative agreement with a
33 collaborating physician.
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1 (b) A written collaborative agreement shall describe the
2 working relationship of the advanced practice nurse with the
3 collaborating physician and shall authorize the categories of
4 care, treatment, or procedures to be performed by the
5 advanced practice nurse. Collaboration does not require an
6 employment relationship between the collaborating physician
7 and advanced practice nurse. Collaboration means the
8 relationship under which an advanced practice nurse works
9 with a collaborating physician in an active clinical practice
10 to deliver health care services in accordance with (i) the
11 advanced practice nurse's training, education, and experience
12 and (ii) medical direction as documented in a jointly
13 developed written collaborative agreement.
14 The agreement shall be defined to promote the exercise of
15 professional judgment by the advanced practice nurse
16 commensurate with his or her education and experience. The
17 services to be provided by the advanced practice nurse shall
18 be services that the collaborating physician generally
19 provides to his or her patients in the normal course of his
20 or her clinical medical practice. The agreement need not
21 describe the exact steps that an advanced practice nurse must
22 take with respect to each specific condition, disease, or
23 symptom but must specify which authorized procedures require
24 a physician's presence as the procedures are being performed.
25 The collaborative relationship under an agreement shall not
26 be construed to require the personal presence of a physician
27 at all times at the place where services are rendered.
28 Methods of communication shall be available for consultation
29 with the collaborating physician in person or by
30 telecommunications in accordance with established written
31 guidelines as set forth in the written agreement.
32 (c) Physician medical direction under an agreement shall
33 be adequate if a collaborating physician:
34 (1) participates in the joint formulation and joint
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1 approval of orders or guidelines with the APN and he or
2 she periodically reviews such orders and the services
3 provided patients under such orders in accordance with
4 accepted standards of medical practice and advanced
5 practice nursing practice;
6 (2) is on site at least once a month to provide
7 medical direction and consultation; and
8 (3) is available through telecommunications for
9 consultation on medical problems, complications, or
10 emergencies or patient referral.
11 (d) A copy of the signed, written collaborative
12 agreement must be available to the Department upon request
13 from both the advanced practice nurse and the collaborating
14 physician and shall be annually updated. An advanced
15 practice nurse shall inform each collaborating physician of
16 all collaborative agreements he or she has signed and provide
17 a copy of these to any collaborating physician, upon request.
18 (225 ILCS 65/15-20 new)
19 Sec. 15-20. Prescriptive authority.
20 (a) A collaborating physician may, but is not required
21 to, delegate limited prescriptive authority to an advanced
22 practice nurse as part of a written collaborative agreement.
23 This authority may, but is not required to, include
24 prescription of legend drugs and legend controlled substances
25 categorized as Schedule III, IV, or V controlled substances,
26 as defined in Article II of the Illinois Controlled
27 Substances Act.
28 (b) To prescribe Schedule III, IV, or V controlled
29 substances under this Section, an advanced practice nurse
30 shall affix the collaborating physician's DEA number to, and
31 individually sign, the appropriate prescription form
32 containing the printed names of the advanced practice nurse
33 and collaborating physician in accordance with the written
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1 collaborative agreement. Medication orders shall be reviewed
2 periodically by the collaborating physician.
3 (c) The collaborating physician shall file with the
4 Department notice of delegation of prescriptive authority and
5 termination of such delegation, in accordance with rules of
6 the Department.
7 (d) Nothing in this Act shall be construed to limit the
8 delegation of tasks or duties by a physician to a licensed
9 practical nurse, a registered professional nurse, or other
10 personnel.
11 (225 ILCS 65/15-30 new)
12 Sec. 15-30. Title.
13 (a) No person shall use any words, abbreviations,
14 figures, letters, title, sign, card, or device tending to
15 imply that he or she is an advanced practice nurse, including
16 but not limited to using the titles or initials "Advanced
17 Practice Nurse", "Certified Nurse Midwife", "Certified Nurse
18 Practitioner", "Clinical Nurse Specialist", "A.P.N.",
19 "C.N.M.", "C.N.P.", "C.N.S.", or similar titles or initials,
20 with the intention of indicating practice as an advanced
21 practice nurse without meeting the requirements of this Act.
22 No advanced practice nurse shall use the title of doctor or
23 associate with his or her name or any other term to indicate
24 to other persons that he or she is qualified to engage in the
25 general practice of medicine.
26 (b) An advanced practice nurse shall verbally identify
27 himself or herself as an advanced practice nurse including
28 specialty certification to each patient.
29 (c) Nothing in this Act shall be construed to relieve a
30 physician of professional or legal responsibility for the
31 care and treatment of persons attended by him or her or to
32 relieve an advanced practice nurse of the professional or
33 legal responsibility for the care and treatment of persons
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1 attended by him or her.
2 (225 ILCS 65/15-35 new)
3 Sec. 15-35. Advanced Practice Nursing Board.
4 (a) There is hereby established an Advanced Practice
5 Nursing Board, hereinafter referred to as the "APN Board".
6 The APN Board shall review and make recommendations to the
7 Department regarding matters relating to licensure and
8 discipline of advanced practice nurses. The APN Board shall
9 be composed of 9 members to be appointed by the Governor, 4
10 of whom shall be advanced practice nurses and 3 of whom shall
11 be collaborating physicians. In making appointments to the
12 APN Board, the Governor shall give due consideration to
13 recommendations by statewide professional associations or
14 societies representing nurses and physicians in Illinois.
15 Two members, not employed or having any material interest in
16 any health care field, shall represent the public. The
17 chairperson of the APN Board shall be a member elected by a
18 majority vote of the APN Board. The APN Board shall meet and
19 report to the Department quarterly and as advanced practice
20 nurse issues arise.
21 Initial appointments to the APN Board shall be made
22 within 90 days after the effective date of this amendatory
23 Act of 1998. The terms of office of each of the original
24 members shall be at staggered intervals. One physician and
25 one advanced practice nurse shall serve one-year terms. One
26 physician and one advanced practice nurse shall serve 2-year
27 terms. One physician and one advanced practice nurse shall
28 serve 3-year terms. One advanced practice nurse and the
29 public members shall serve 4-year terms. Upon the expiration
30 of the term of an initial member, his or her successor shall
31 be appointed for a term of 4 years. No member shall serve
32 more than 2 consecutive terms, excluding initial appointment
33 terms. An appointment to fill a vacancy shall be for the
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1 unexpired portion of the term. Members of the APN Board
2 shall be reimbursed for all authorized legitimate and
3 necessary expenses incurred in attending the meetings of the
4 APN Board. A majority of the APN Board members appointed
5 shall constitute a quorum. A vacancy in the membership of
6 the APN Board shall not impair the right of a quorum to
7 perform all of the duties of the APN Board. A member of the
8 APN Board shall have no liability in an action based upon a
9 disciplinary proceeding or other activity performed in good
10 faith as a member of the APN Board.
11 (b) Complaints received concerning advanced practice
12 nurses shall be reviewed by the APN Board. Complaints
13 received concerning collaborating physicians shall be
14 reviewed by the Medical Disciplinary Board.
15 (225 ILCS 65/15-40 new)
16 Sec. 15-40. Advertising.
17 (a) A person licensed under this Title may advertise the
18 availability of professional services in the public media or
19 on the premises where the professional services are rendered.
20 The advertising shall be limited to the following
21 information:
22 (1) publication of the person's name, title, office
23 hours, address, and telephone number;
24 (2) information pertaining to the person's areas of
25 specialization, including but not limited to appropriate
26 board certification or limitation of professional
27 practice;
28 (3) publication of the person's collaborating
29 physician's name, title, and areas of specialization;
30 (4) information on usual and customary fees for
31 routine professional services offered, which shall
32 include notification that fees may be adjusted due to
33 complications or unforeseen circumstances;
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1 (5) announcements of the opening of, change of,
2 absence from, or return to business;
3 (6) announcement of additions to or deletions from
4 professional licensed staff; and
5 (7) the issuance of business or appointment cards.
6 (b) It is unlawful for a person licensed under this
7 Title to use testimonials or claims of superior quality of
8 care to entice the public. It shall be unlawful to advertise
9 fee comparisons of available services with those of other
10 licensed persons.
11 (c) This Title does not authorize the advertising of
12 professional services that the offeror of the services is not
13 licensed or authorized to render. Nor shall the advertiser
14 use statements that contain false, fraudulent, deceptive, or
15 misleading material or guarantees of success, statements that
16 play upon the vanity or fears of the public, or statements
17 that promote or produce unfair competition.
18 (d) It is unlawful and punishable under the penalty
19 provisions of this Act for a person licensed under this Title
20 to knowingly advertise that the licensee will accept as
21 payment for services rendered by assignment from any third
22 party payor the amount the third party payor covers as
23 payment in full, if the effect is to give the impression of
24 eliminating the need of payment by the patient of any
25 required deductible or copayment applicable in the patient's
26 health benefit plan.
27 (e) As used in this Section, "advertise" means
28 solicitation by the licensee or through another person or
29 entity by means of handbills, posters, circulars, motion
30 pictures, radio, newspapers, or television or any other
31 manner.
32 (225 ILCS 65/15-45 new)
33 Sec. 15-45. Continuing education. The Department shall
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1 adopt rules of continuing education for persons licensed
2 under this Title that require 50 hours of continuing
3 education per 2-year license renewal cycle. The rules shall
4 not be inconsistent with requirements of relevant national
5 certifying bodies or State or national professional
6 associations. The rules shall also address variances for
7 illness or hardship. The continuing education rules shall
8 assure that licensees are given the opportunity to
9 participate in programs sponsored by or through their State
10 or national professional associations, hospitals, or other
11 providers of continuing education. Each licensee is
12 responsible for maintaining records of completion of
13 continuing education and shall be prepared to produce the
14 records when requested by the Department.
15 (225 ILCS 65/15-50 new)
16 Sec. 15-50. Grounds for disciplinary action.
17 (a) The Department may, upon the recommendation of the
18 APN Board, refuse to issue or to renew, or may revoke,
19 suspend, place on probation, censure or reprimand, or take
20 other disciplinary action as the Department may deem
21 appropriate with regard to a license issued under this Title,
22 including the issuance of fines not to exceed $5,000 for each
23 violation, for any one or combination of the grounds for
24 discipline set forth in Section 10-45 of this Act or for any
25 one or combination of the following causes:
26 (1) Gross negligence in the practice of advanced
27 practice nursing.
28 (2) Exceeding the terms of a collaborative
29 agreement or the prescriptive authority delegated to him
30 or her by his or her collaborating physician or alternate
31 collaborating physician in guidelines established under a
32 written collaborative agreement.
33 (3) Making a false or misleading statement
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1 regarding his or her skill or the efficacy or value of
2 the medicine, treatment, or remedy prescribed by him or
3 her in the course of treatment.
4 (4) Prescribing, selling, administering,
5 distributing, giving, or self-administering a drug
6 classified as a controlled substance (designated product)
7 or narcotic for other than medically accepted therapeutic
8 purposes.
9 (5) Promotion of the sale of drugs, devices,
10 appliances, or goods provided for a patient in a manner
11 to exploit the patient for financial gain.
12 (6) Violating State or federal laws or regulations
13 relating to controlled substances.
14 (7) Willfully or negligently violating the
15 confidentiality between advanced practice nurse,
16 collaborating physician, and patient, except as required
17 by law.
18 (8) Failure of a licensee to report to the
19 Department any adverse final action taken against such
20 licensee by another licensing jurisdiction (any other
21 jurisdiction of the United States or any foreign state or
22 country), any peer review body, any health care
23 institution, a professional or nursing or advanced
24 practice nursing society or association, a governmental
25 agency, a law enforcement agency, or a court or a
26 liability claim relating to acts or conduct similar to
27 acts or conduct that would constitute grounds for action
28 as defined in this Section.
29 (9) Failure of a licensee to report to the
30 Department surrender by the licensee of a license or
31 authorization to practice nursing or advanced practice
32 nursing in another state or jurisdiction, or current
33 surrender by the licensee of membership on any nursing
34 staff or organized health care professional staff or in
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1 any nursing, advanced practice nurse, or professional
2 association or society while under disciplinary
3 investigation by any of those authorities or bodies for
4 acts or conduct similar to acts or conduct that would
5 constitute grounds for action as defined in this Section.
6 (10) Failing, within 60 days, to provide
7 information in response to a written request made by the
8 Department.
9 (11) Failure to establish and maintain records of
10 patient care and treatment as required by law.
11 (12) Any violation of any Section of this Title or
12 Act.
13 When the Department has received written reports
14 concerning incidents required to be reported in items (8) and
15 (9), the licensee's failure to report the incident to the
16 Department under those items shall not be the sole grounds
17 for disciplinary action.
18 (b) The Department may refuse to issue or may suspend
19 the license of any person who fails to file a return, to pay
20 the tax, penalty, or interest shown in a filed return, or to
21 pay any final assessment of the tax, penalty, or interest as
22 required by a tax Act administered by the Department of
23 Revenue, until the requirements of the tax Act are satisfied.
24 (c) In enforcing this Section, the Department or APN
25 Board, upon a showing of a possible violation, may compel an
26 individual licensed to practice under this Title, or who has
27 applied for licensure under this Title, to submit to a mental
28 or physical examination or both, as required by and at the
29 expense of the Department. The Department or APN Board may
30 order the examining physician to present testimony concerning
31 the mental or physical examination of the licensee or
32 applicant. No information shall be excluded by reason of any
33 common law or statutory privilege relating to communications
34 between the licensee or applicant and the examining
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1 physician. The examining physician shall be specifically
2 designated by the APN Board or Department. The individual to
3 be examined may have, at his or her own expense, another
4 physician of his or her choice present during all aspects of
5 this examination. Failure of an individual to submit to a
6 mental or physical examination when directed shall be grounds
7 for suspension of his or her license until the individual
8 submits to the examination if the Department finds, after
9 notice and hearing, that the refusal to submit to the
10 examination was without reasonable cause.
11 If the Department or APN Board finds an individual unable
12 to practice because of the reasons set forth in this Section,
13 the Department or APN Board may require that individual to
14 submit to care, counseling, or treatment by physicians
15 approved or designated by the Department or APN Board as a
16 condition, term, or restriction for continued, reinstated, or
17 renewed licensure to practice; or, in lieu of care,
18 counseling, or treatment, the Department may file, or the APN
19 Board may recommend to the Department to file, a complaint to
20 immediately suspend, revoke, or otherwise discipline the
21 license of the individual. An individual whose license was
22 granted, continued, reinstated, renewed, disciplined or
23 supervised subject to terms, conditions, or restrictions, and
24 who fails to comply with the terms, conditions, or
25 restrictions, shall be referred to the Director for a
26 determination as to whether the individual shall have his or
27 her license suspended immediately, pending a hearing by the
28 Department.
29 In instances in which the Director immediately suspends a
30 person's license under this Section, a hearing on that
31 person's license shall be convened by the Department within
32 15 days after the suspension and shall be completed without
33 appreciable delay. The Department and APN Board shall have
34 the authority to review the subject individual's record of
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1 treatment and counseling regarding the impairment to the
2 extent permitted by applicable federal statutes and
3 regulations safeguarding the confidentiality of medical
4 records.
5 An individual licensed under this Title and affected
6 under this Section shall be afforded an opportunity to
7 demonstrate to the Department or APN Board that he or she can
8 resume practice in compliance with acceptable and prevailing
9 standards under the provisions of his or her license.
10 (225 ILCS 65/15-55 new)
11 Sec. 15-55. Reports relating to professional conduct and
12 capacity.
13 (a) Entities Required to Report.
14 (1) Health Care Institutions. The chief
15 administrator or executive officer of a health care
16 institution licensed by the Department of Public Health,
17 which provides the minimum due process set forth in
18 Section 10.4 of the Hospital Licensing Act, shall report
19 to the APN Board when a licensee's organized professional
20 staff clinical privileges are terminated or are
21 restricted based on a final determination, in accordance
22 with that institution's bylaws or rules and regulations,
23 that (i) a person has either committed an act or acts
24 that may directly threaten patient care and that are not
25 of an administrative nature or (ii) that a person may be
26 mentally or physically disabled in a manner that may
27 endanger patients under that person's care. The chief
28 administrator or officer shall also report if a licensee
29 accepts voluntary termination or restriction of clinical
30 privileges in lieu of formal action based upon conduct
31 related directly to patient care and not of an
32 administrative nature, or in lieu of formal action
33 seeking to determine whether a person may be mentally or
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1 physically disabled in a manner that may endanger
2 patients under that person's care. The APN Board shall
3 provide by rule for the reporting to it of all instances
4 in which a person licensed under this Title, who is
5 impaired by reason of age, drug, or alcohol abuse or
6 physical or mental impairment, is under supervision and,
7 where appropriate, is in a program of rehabilitation.
8 Reports submitted under this subsection shall be strictly
9 confidential and may be reviewed and considered only by
10 the members of the APN Board or authorized staff as
11 provided by rule of the APN Board. Provisions shall be
12 made for the periodic report of the status of any such
13 reported person not less than twice annually in order
14 that the APN Board shall have current information upon
15 which to determine the status of that person. Initial
16 and periodic reports of impaired advanced practice nurses
17 shall not be considered records within the meaning of the
18 State Records Act and shall be disposed of, following a
19 determination by the APN Board that such reports are no
20 longer required, in a manner and at an appropriate time
21 as the APN Board shall determine by rule. The filing of
22 reports submitted under this subsection shall be
23 construed as the filing of a report for purposes of
24 subsection (c) of this Section.
25 (2) Professional Associations. The President or
26 chief executive officer of an association or society of
27 persons licensed under this Title, operating within this
28 State, shall report to the APN Board when the association
29 or society renders a final determination that a person
30 licensed under this Title has committed unprofessional
31 conduct related directly to patient care or that a person
32 may be mentally or physically disabled in a manner that
33 may endanger patients under the person's care.
34 (3) Professional Liability Insurers. Every
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1 insurance company that offers policies of professional
2 liability insurance to persons licensed under this Title,
3 or any other entity that seeks to indemnify the
4 professional liability of a person licensed under this
5 Title, shall report to the APN Board the settlement of
6 any claim or cause of action, or final judgment rendered
7 in any cause of action, that alleged negligence in the
8 furnishing of patient care by the licensee when the
9 settlement or final judgment is in favor of the
10 plaintiff.
11 (4) State's Attorneys. The State's Attorney of
12 each county shall report to the APN Board all instances
13 in which a person licensed under this Title is convicted
14 or otherwise found guilty of the commission of a felony.
15 (5) State Agencies. All agencies, boards,
16 commissions, departments, or other instrumentalities of
17 the government of this State shall report to the APN
18 Board any instance arising in connection with the
19 operations of the agency, including the administration of
20 any law by the agency, in which a person licensed under
21 this Title has either committed an act or acts that may
22 constitute a violation of this Title, that may constitute
23 unprofessional conduct related directly to patient care,
24 or that indicates that a person licensed under this Title
25 may be mentally or physically disabled in a manner that
26 may endanger patients under that person's care.
27 (b) Mandatory Reporting. All reports required under
28 items (8) and (9) of subsection (a) of Section 15-50 and
29 under this Section shall be submitted to the APN Board in a
30 timely fashion. The reports shall be filed in writing within
31 60 days after a determination that a report is required under
32 this Title. All reports shall contain the following
33 information:
34 (1) The name, address, and telephone number of
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1 the person making the report.
2 (2) The name, address, and telephone number of
3 the person who is the subject of the report.
4 (3) The name or other means of identification of
5 any patient or patients whose treatment is a subject of
6 the report, except that no medical records may be
7 revealed without the written consent of the patient or
8 patients.
9 (4) A brief description of the facts that gave rise
10 to the issuance of the report, including but not limited
11 to the dates of any occurrences deemed to necessitate the
12 filing of the report.
13 (5) If court action is involved, the identity of
14 the court in which the action is filed, the docket
15 number, and date of filing of the action.
16 (6) Any further pertinent information that the
17 reporting party deems to be an aid in the evaluation of
18 the report.
19 Nothing contained in this Section shall be construed to
20 in any way waive or modify the confidentiality of medical
21 reports and committee reports to the extent provided by law.
22 Any information reported or disclosed shall be kept for the
23 confidential use of the APN Board, the APN Board's attorneys,
24 the investigative staff, and authorized clerical staff and
25 shall be afforded the same status as is provided information
26 concerning medical studies in Part 21 of Article VIII of the
27 Code of Civil Procedure.
28 (c) Immunity from Prosecution. An individual or
29 organization acting in good faith, and not in a wilful and
30 wanton manner, in complying with this Title by providing a
31 report or other information to the APN Board, by assisting in
32 the investigation or preparation of a report or information,
33 by participating in proceedings of the APN Board, or by
34 serving as a member of the Board shall not, as a result of
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1 such actions, be subject to criminal prosecution or civil
2 damages.
3 (d) Indemnification. Members of the APN Board, the APN
4 Board's attorneys, the investigative staff, advanced practice
5 nurses or physicians retained under contract to assist and
6 advise in the investigation, and authorized clerical staff
7 shall be indemnified by the State for any actions (i)
8 occurring within the scope of services on the APN Board, (ii)
9 performed in good faith, and (iii) not wilful and wanton in
10 nature. The Attorney General shall defend all actions taken
11 against those persons unless he or she determines either that
12 there would be a conflict of interest in the representation
13 or that the actions complained of were not performed in good
14 faith or were wilful and wanton in nature. If the Attorney
15 General declines representation, the member shall have the
16 right to employ counsel of his or her choice, whose fees
17 shall be provided by the State, after approval by the
18 Attorney General, unless there is a determination by a court
19 that the member's actions were not performed in good faith or
20 were wilful and wanton in nature. The member shall notify the
21 Attorney General within 7 days of receipt of notice of the
22 initiation of an action involving services of the APN Board.
23 Failure to so notify the Attorney General shall constitute an
24 absolute waiver of the right to a defense and
25 indemnification. The Attorney General shall determine within
26 7 days after receiving the notice whether he or she will
27 undertake to represent the member.
28 (e) Deliberations of APN Board. Upon the receipt of a
29 report called for by this Title, other than those reports of
30 impaired persons licensed under this Title required pursuant
31 to the rules of the APN Board, the APN Board shall notify in
32 writing by certified mail the person who is the subject of
33 the report. The notification shall be made within 30 days of
34 receipt by the APN Board of the report. The notification
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1 shall include a written notice setting forth the person's
2 right to examine the report. Included in the notification
3 shall be the address at which the file is maintained, the
4 name of the custodian of the reports, and the telephone
5 number at which the custodian may be reached. The person who
6 is the subject of the report shall submit a written statement
7 responding to, clarifying, adding to, or proposing to amend
8 the report previously filed. The statement shall become a
9 permanent part of the file and shall be received by the APN
10 Board no more than 30 days after the date on which the person
11 was notified of the existence of the original report. The
12 APN Board shall review all reports received by it and any
13 supporting information and responding statements submitted by
14 persons who are the subject of reports. The review by the
15 APN Board shall be in a timely manner but in no event shall
16 the APN Board's initial review of the material contained in
17 each disciplinary file be less than 61 days nor more than 180
18 days after the receipt of the initial report by the APN
19 Board. When the APN Board makes its initial review of the
20 materials contained within its disciplinary files, the APN
21 Board shall, in writing, make a determination as to whether
22 there are sufficient facts to warrant further investigation
23 or action. Failure to make that determination within the
24 time provided shall be deemed to be a determination that
25 there are not sufficient facts to warrant further
26 investigation or action. Should the APN Board find that
27 there are not sufficient facts to warrant further
28 investigation or action, the report shall be accepted for
29 filing and the matter shall be deemed closed and so reported.
30 The individual or entity filing the original report or
31 complaint and the person who is the subject of the report or
32 complaint shall be notified in writing by the APN Board of
33 any final action on their report or complaint.
34 (f) Summary Reports. The APN Board shall prepare, on a
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1 timely basis, but in no event less than one every other
2 month, a summary report of final actions taken upon
3 disciplinary files maintained by the APN Board. The summary
4 reports shall be sent by the APN Board to every health care
5 facility licensed by the Department of Public Health, every
6 professional association and society of persons licensed
7 under this Title functioning on a statewide basis in this
8 State, all insurers providing professional liability
9 insurance to persons licensed under this Title in this State,
10 and the Illinois Pharmacists Association.
11 (g) Any violation of this Section shall constitute a
12 Class A misdemeanor.
13 (h) If a person violates the provisions of this Section,
14 an action may be brought in the name of the People of the
15 State of Illinois, through the Attorney General of the State
16 of Illinois, for an order enjoining the violation or for an
17 order enforcing compliance with this Section. Upon filing of
18 a verified petition in court, the court may issue a temporary
19 restraining order without notice or bond and may
20 preliminarily or permanently enjoin the violation, and if it
21 is established that the person has violated or is violating
22 the injunction, the court may punish the offender for
23 contempt of court. Proceedings under this subsection shall
24 be in addition to, and not in lieu of, all other remedies and
25 penalties provided for by this Section.
26 (225 ILCS 65/Title 20 heading new)
27 TITLE 20. ADMINISTRATION AND ENFORCEMENT
28 (225 ILCS 65/20-2 new)
29 Sec. 20-2. References to Board. References in this
30 Title to the "Board" shall mean the Board of Nursing in the
31 case of an administrative or enforcement matter concerning
32 the practice of practical nursing or professional nursing,
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1 and shall mean the Advanced Practice Nursing Board in the
2 case of an administrative or enforcement matter concerning
3 the practice of advanced practice nursing.
4 (225 ILCS 65/20-5, formerly, 65/16)
5 Sec. 20-5. 16. Expiration of license; renewal. The
6 expiration date and renewal period for each license issued
7 under this Act shall be set by rule. The holder of a license
8 may renew the license during the month preceding the
9 expiration date of the license by paying the required fee. It
10 is the responsibility of the licensee to notify the
11 Department in writing of a change of address.
12 (Source: P.A. 90-61, eff. 12-30-97.)
13 (225 ILCS 65/20-10, formerly 65/17)
14 Sec. 20-10. 17. Restoration of license; temporary
15 permit.
16 (a) Any license issued under this Act that has expired
17 or that is on inactive status may be restored by making
18 application to the Department and filing proof of fitness
19 acceptable to the Department as specified by rule, to have
20 the license restored, and by paying the required restoration
21 fee. Such proof of fitness may include evidence certifying
22 to active lawful practice in another jurisdiction.
23 However, any license issued under this Act that expired
24 while the licensee was (1) in federal service on active duty
25 with the Armed Forces of the United States, or the State
26 Militia called into service or training, or (2) in training
27 or education under the supervision of the United States
28 preliminary to induction into the military service, may have
29 the license restored without paying any lapsed renewal fees
30 if within 2 years after honorable termination of such
31 service, training, or education, the applicant furnishes the
32 Department with satisfactory evidence to the effect that the
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1 applicant has been so engaged and that the individual's
2 service, training, or education has been so terminated.
3 Any licensee who shall engage in the practice of nursing
4 or advanced practice nursing with a lapsed license or while
5 on inactive status shall be considered to be practicing
6 without a license which shall be grounds for discipline under
7 Section 10-30 or Article 15, respectively 25 of this Act.
8 (b) Pending restoration of a license under subsection
9 (a) of this Section, the Department may grant an applicant a
10 temporary license to practice nursing as a registered nurse
11 or as a licensed practical nurse if the Department is
12 satisfied that the applicant holds an active, unencumbered
13 license in good standing in another jurisdiction. If the
14 applicant holds more than one current active license, or one
15 or more active temporary licenses from other jurisdictions,
16 the Department shall not issue a temporary license until it
17 is satisfied that each current active license held by the
18 applicant is unencumbered. The temporary license, which shall
19 be issued no later than 14 working days following receipt by
20 the Department of an application for the license, shall be
21 granted upon the submission of the following to the
22 Department:
23 (1) a signed and completed application for
24 restoration of licensure under this Section as a
25 registered nurse or a licensed practical nurse;
26 (2) proof of (i) a current, active license in at
27 least one other jurisdiction and proof that each current,
28 active license or temporary permit held by the applicant
29 is unencumbered or (ii) fitness to practice nursing in
30 Illinois as specified by rule;
31 (3) a signed and completed application for a
32 temporary permit; and
33 (4) the required permit fee.
34 (c) The Department may refuse to issue to an applicant a
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1 temporary permit authorized under this Section if, within 14
2 working days following its receipt of an application for a
3 temporary permit, the Department determines that:
4 (1) the applicant has been convicted within the
5 last 5 years of any crime under the laws of any
6 jurisdiction of the United States that is (i) a felony
7 or (ii) a misdemeanor directly related to the practice of
8 the profession;
9 (2) within the last 5 years the applicant had a
10 license or permit related to the practice of nursing
11 revoked, suspended, or placed on probation by another
12 jurisdiction if at least one of the grounds for revoking,
13 suspending, or placing on probation is the same or
14 substantially equivalent to grounds in Illinois; or
15 (3) it is determined by the Department that it
16 intends to deny restoration of the license.
17 For purposes of this Section, an "unencumbered license"
18 means any license against which no disciplinary action has
19 been taken or is pending and for which all fees and charges
20 are paid and current.
21 (d) The Department may revoke a temporary permit issued
22 under this Section if:
23 (1) it determines that the applicant has been
24 convicted within the last 5 years of any crime under the
25 law of any jurisdiction of the United States that is (i)
26 a felony or (ii) a misdemeanor directly related to the
27 practice of 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
32 revoking, suspending, or placing on probation is the same
33 or 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 A temporary permit or renewed temporary permit shall
3 expire (i) upon issuance of an Illinois license or (ii) upon
4 notification that the Department intends to deny restoration
5 of licensure. A temporary permit shall expire 6 months from
6 the date of issuance. Further renewal may be granted by the
7 Department, in hardship cases, that shall automatically
8 expire upon issuance of the Illinois license or upon
9 notification that the Department intends to deny licensure,
10 whichever occurs first. No extensions shall be granted beyond
11 the 6 months period unless approved by the Director.
12 Notification by the Department under this Section shall be by
13 certified or registered mail.
14 (Source: P.A. 90-61, eff. 12-30-97.)
15 (225 ILCS 65/20-15, formerly 65/18)
16 Sec. 20-15. 18. Inactive status. Any nurse who notifies
17 the Department in writing on forms prescribed by the
18 Department, may elect to place her or his license on inactive
19 status and shall, subject to rules of the Department, be
20 excused from payment of renewal fees until notice is given to
21 the Department in writing of her or his intent to restore the
22 license.
23 Any nurse requesting restoration from inactive status
24 shall be required to pay the current renewal fee and shall be
25 required to restore her or his license, as provided by rule
26 of the Department.
27 Any nurse whose license is in an inactive status shall
28 not practice nursing in the State of Illinois.
29 (Source: P.A. 85-981.)
30 (225 ILCS 65/20-25, formerly 65/21)
31 Sec. 20-25. 21. Returned checks; fines. Any person who
32 delivers a check or other payment to the Department that is
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1 returned to the Department unpaid by the financial
2 institution upon which it is drawn shall pay to the
3 Department, in addition to the amount already owed to the
4 Department, a fine of $50. If the check or other payment was
5 for a renewal or issuance fee and that person practices
6 without paying the renewal fee or issuance fee and the fine
7 due, an additional fine of $100 shall be imposed. The fines
8 imposed by this Section are in addition to any other
9 discipline provided under this Act for unlicensed practice or
10 practice on a nonrenewed license. The Department shall notify
11 the person that payment of fees and fines shall be paid to
12 the Department by certified check or money order within 30
13 calendar days of the notification. If, after the expiration
14 of 30 days from the date of the notification, the person has
15 failed to submit the necessary remittance, the Department
16 shall automatically terminate the license or deny the
17 application, without hearing. If, after termination or
18 denial, the person seeks a license, he or she shall apply to
19 the Department for restoration or issuance of the license and
20 pay all fees and fines due to the Department. The Department
21 may establish a fee for the processing of an application for
22 restoration of a license to pay all expenses of processing
23 this application. The Director may waive the fines due under
24 this Section in individual cases where the Director finds
25 that the fines would be unreasonable or unnecessarily
26 burdensome.
27 (Source: P.A. 90-61, eff. 12-30-97.)
28 (225 ILCS 65/20-30, formerly 65/22)
29 Sec. 20-30. 22. Roster. The Department shall maintain a
30 roster of the names and addresses of all licensees and of all
31 persons whose licenses have been suspended or revoked. This
32 roster shall be available upon written request and payment of
33 the required fees.
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1 (Source: P.A. 85-981.)
2 (225 ILCS 65/20-35, formerly 65/23)
3 Sec. 20-35. 23. Fees.
4 (a) The Department shall provide by rule for a schedule
5 of fees to be paid for licenses by all applicants.
6 (a-5) Except as provided in subsection (b), the fees for
7 the administration and enforcement of this Act, including but
8 not limited to original licensure, renewal, and restoration,
9 shall be set by rule. The fees shall not be refundable.
10 (b) In addition, applicants for any examination as a
11 Registered Professional Nurse or a Licensed Practical Nurse
12 shall be required to pay, either to the Department or to the
13 designated testing service, a fee covering the cost of
14 providing the examination. Failure to appear for the
15 examination on the scheduled date, at the time and place
16 specified, after the applicant's application for examination
17 has been received and acknowledged by the Department or the
18 designated testing service, shall result in the forfeiture of
19 the examination fee.
20 (Source: P.A. 90-61, eff. 12-30-97.)
21 (225 ILCS 65/20-40, formerly 65/24)
22 (Text of Section before amendment by P.A. 90-372)
23 Sec. 20-40. 24. Fund. There is hereby created within the
24 State Treasury the Nursing Dedicated and Professional Fund.
25 The monies in the Fund may be used by and at the direction of
26 the Department for the administration and enforcement of this
27 Act, including but not limited to:
28 (a) Distribution and publication of the Illinois
29 Nursing and Advanced Practice Nursing Act of 1987 and the
30 rules at the time of renewal to all persons Registered
31 Professional Nurses and Licensed Practical Nurses
32 licensed by the Department under this Act.
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1 (b) Employment of secretarial, nursing,
2 administrative, enforcement, and other staff for the
3 administration of this Act.
4 (c) Conducting a survey, as prescribed by rule of
5 the Department, once every 4 years during the license
6 renewal period.
7 (d) Conducting of training seminars for licensees
8 under this Act relating to the obligations,
9 responsibilities, enforcement and other provisions of the
10 Act and its rules.
11 (e) Disposition of Fees:
12 (i) (Blank).
13 (ii) All of the fees and fines collected
14 pursuant to this Act shall be deposited in the
15 Nursing Dedicated and Professional Fund.
16 (iii) For the fiscal year beginning July 1,
17 1988, the moneys deposited in the Nursing Dedicated
18 and Professional Fund shall be appropriated to the
19 Department for expenses of the Department and the
20 Board in the administration of this Act. All
21 earnings received from investment of moneys in the
22 Nursing Dedicated and Professional Fund shall be
23 deposited in the Nursing Dedicated and Professional
24 Fund and shall be used for the same purposes as fees
25 deposited in the Fund.
26 (iv) For the fiscal year beginning July 1,
27 1991 and for each fiscal year thereafter, either 10%
28 of the moneys deposited in the Nursing Dedicated and
29 Professional Fund each year, not including interest
30 accumulated on such moneys, or any moneys deposited
31 in the Fund in each year which are in excess of the
32 amount appropriated in that year to meet ordinary
33 and contingent expenses of the Board, whichever is
34 less, shall be set aside and appropriated to the
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1 Illinois Department of Public Health for nursing
2 scholarships awarded pursuant to the Nursing
3 Education Scholarship Law.
4 (v) Moneys in the Fund may be transferred to
5 the Professions Indirect Cost Fund as authorized
6 under Section 61e of the Civil Administrative Code
7 of Illinois.
8 In addition to any other permitted use of moneys in the
9 Fund, and notwithstanding any restriction on the use of the
10 Fund, moneys in the Nursing Dedicated and Professional Fund
11 may be transferred to the General Revenue Fund as authorized
12 by this amendatory Act of 1992. The General Assembly finds
13 that an excess of moneys exists in the Fund.
14 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
15 89-626, eff. 8-9-96; 90-61, eff. 12-30-97.)
16 (Text of Section after amendment by P.A. 90-372)
17 Sec. 20-40. 24. Fund. There is hereby created within the
18 State Treasury the Nursing Dedicated and Professional Fund.
19 The monies in the Fund may be used by and at the direction of
20 the Department for the administration and enforcement of this
21 Act, including but not limited to:
22 (a) Distribution and publication of the Illinois
23 Nursing and Advanced Practice Nursing Act of 1987 and the
24 rules at the time of renewal to all persons Registered
25 Professional Nurses and Licensed Practical Nurses
26 licensed by the Department under this Act.
27 (b) Employment of secretarial, nursing,
28 administrative, enforcement, and other staff for the
29 administration of this Act.
30 (c) Conducting a survey, as prescribed by rule of
31 the Department, once every 4 years during the license
32 renewal period.
33 (d) Conducting of training seminars for licensees
34 under this Act relating to the obligations,
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1 responsibilities, enforcement and other provisions of the
2 Act and its rules.
3 (e) Disposition of Fees:
4 (i) (Blank).
5 (ii) All of the fees and fines collected
6 pursuant to this Act shall be deposited in the
7 Nursing Dedicated and Professional Fund.
8 (iii) For the fiscal year beginning July 1,
9 1988, the moneys deposited in the Nursing Dedicated
10 and Professional Fund shall be appropriated to the
11 Department for expenses of the Department and the
12 Board in the administration of this Act. All
13 earnings received from investment of moneys in the
14 Nursing Dedicated and Professional Fund shall be
15 deposited in the Nursing Dedicated and Professional
16 Fund and shall be used for the same purposes as fees
17 deposited in the Fund.
18 (iv) For the fiscal year beginning July 1,
19 1991 and for each fiscal year thereafter, either 10%
20 of the moneys deposited in the Nursing Dedicated and
21 Professional Fund each year, not including interest
22 accumulated on such moneys, or any moneys deposited
23 in the Fund in each year which are in excess of the
24 amount appropriated in that year to meet ordinary
25 and contingent expenses of the Board, whichever is
26 less, shall be set aside and appropriated to the
27 Illinois Department of Public Health for nursing
28 scholarships awarded pursuant to the Nursing
29 Education Scholarship Law.
30 (v) Moneys in the Fund may be transferred to
31 the Professions Indirect Cost Fund as authorized
32 under Section 61e of the Civil Administrative Code
33 of Illinois.
34 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
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1 89-626, eff. 8-9-96; 90-61, eff. 12-30-97; 90-372, eff.
2 7-1-98; revised 8-18-97.)
3 (225 ILCS 65/20-50, formerly 65/26)
4 Sec. 20-50. 26. Limitation on action. All proceedings to
5 suspend, revoke, or take any other disciplinary action as the
6 Department may deem proper, with regard to a license on any
7 of the foregoing grounds may not be commenced later than 3
8 years next after the commission of any act which is a ground
9 for discipline or a final conviction order for any of the
10 acts described herein. In the event of the settlement of any
11 claim or cause of action in favor of the claimant or the
12 reduction to the final judgment of any civil action in favor
13 of the plaintiff, such claim, cause of action or civil action
14 being rounded on the allegation that a person licensed under
15 this Act was negligent in providing care, the Department
16 shall have an additional period of one year from the date of
17 such settlement or final judgment in which to investigate and
18 commence formal disciplinary proceedings under Section 25 of
19 this Act, except as otherwise provided by law. The time
20 during which the holder of the license was outside the State
21 of Illinois shall not be included within any period of time
22 limiting the commencement of disciplinary action by the
23 Board.
24 (Source: P.A. 90-61, eff. 12-30-97.)
25 (225 ILCS 65/20-55, formerly 65/27)
26 Sec. 20-55. 27. Suspension for imminent danger. The
27 Director of the Department may, upon receipt of a written
28 communication from the Secretary of Human Services, the
29 Director of Public Aid, or the Director of Public Health that
30 continuation of practice of a person licensed under this Act
31 constitutes an immediate danger to the public, immediately
32 suspend the license of such person without a hearing. In
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1 instances in which the Director immediately suspends a
2 license under this Section, a hearing upon such person's
3 license must be convened by the Department within 30 days
4 after such suspension and completed without appreciable
5 delay, such hearing held to determine whether to recommend to
6 the Director that the person's license be revoked, suspended,
7 placed on probationary status or reinstated, or such person
8 be subject to other disciplinary action. In such hearing,
9 the written communication and any other evidence submitted
10 therewith may be introduced as evidence against such person;
11 provided, however, the person, or his or her counsel, shall
12 have the opportunity to discredit or impeach and submit
13 evidence rebutting such evidence.
14 (Source: P.A. 89-507, eff. 7-1-97; 90-61, eff. 12-30-97.)
15 (225 ILCS 65/20-65, formerly 65/29)
16 Sec. 20-65. 29. Liability of State. In the event that
17 the Department's order of revocation, suspension, placing the
18 licensee on probationary status, or other order of formal
19 disciplinary action is without any reasonable basis, then the
20 State of Illinois shall be liable to the injured party for
21 those special damages suffered as a direct result of such
22 order.
23 (Source: P.A. 85-981.)
24 (225 ILCS 65/20-70, formerly 65/30)
25 Sec. 20-70. 30. Right to legal counsel. No action of a
26 disciplinary nature that is predicated on charges alleging
27 unethical or unprofessional conduct of a person who is a
28 registered professional nurse or a licensed practical nurse
29 and that can be reasonably expected to affect adversely that
30 person's maintenance of her or his present, or her or his
31 securing of future, employment as such a nurse may be taken
32 by the Department, by any association, or by any person
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1 unless the person against whom such charges are made is
2 afforded the right to be represented by legal counsel of her
3 or his choosing and to present any witness, whether an
4 attorney or otherwise to testify on matters relevant to such
5 charges.
6 (Source: P.A. 90-61, eff. 12-30-97.)
7 (225 ILCS 65/20-75, formerly 65/31)
8 Sec. 20-75. 31. Injunctive remedies.
9 (a) If any person violates the provision of this Act,
10 the Director may, in the name of the People of the State of
11 Illinois, through the Attorney General of the State of
12 Illinois, or the State's Attorney of any county in which the
13 action is brought, petition for an order enjoining such
14 violation or for an order enforcing compliance with this Act.
15 Upon the filing of a verified petition in court, the court
16 may issue a temporary restraining order, without notice or
17 bond, and may preliminarily and permanently enjoin such
18 violation, and if it is established that such person has
19 violated or is violating the injunction, the court may punish
20 the offender for contempt of court. Proceedings under this
21 Section shall be in addition to, and not in lieu of, all
22 other remedies and penalties provided by this Act.
23 (b) If any person shall practice as a nurse or hold
24 herself or himself out as a nurse without being licensed
25 under the provisions of this Act, then any licensed nurse,
26 any interested party, or any person injured thereby may, in
27 addition to the Director, petition for relief as provided in
28 subsection (a) of this Section.
29 Whoever knowingly practices or offers to practice nursing
30 in this State without a license for that purpose shall be
31 guilty of a Class A misdemeanor and for each subsequent
32 conviction, shall be guilty of a Class 4 felony. All criminal
33 fines, monies, or other property collected or received by the
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1 Department under this Section or any other State or federal
2 statute, including, but not limited to, property forfeited to
3 the Department under Section 505 of the Illinois Controlled
4 Substances Act, shall be deposited into the Professional
5 Regulation Evidence Fund.
6 (c) Whenever in the opinion of the Department any person
7 violates any provision of this Act, the Department may issue
8 a rule to show cause why an order to cease and desist should
9 not be entered against him. The rule shall clearly set forth
10 the grounds relied upon by the Department and shall provide a
11 period of 7 days from the date of the rule to file an answer
12 to the satisfaction of the Department. Failure to answer to
13 the satisfaction of the Department shall cause an order to
14 cease and desist to be issued forthwith.
15 (Source: P.A. 86-685.)
16 (225 ILCS 65/20-80, formerly 65/32)
17 Sec. 20-80. 32. Investigation; notice; hearing. Prior to
18 bringing an action before the Board, the Department may
19 investigate the actions of any applicant or of any person or
20 persons holding or claiming to hold a license. The
21 Department shall, before suspending, revoking, placing on
22 probationary status, or taking any other disciplinary action
23 as the Department may deem proper with regard to any license,
24 at least 30 days prior to the date set for the hearing,
25 notify the accused in writing of any charges made and the
26 time and place for a hearing of the charges before the Board,
27 direct her or him to file a written answer thereto to the
28 Board under oath within 20 days after the service of such
29 notice and inform the licensee that if she or he fails to
30 file such answer default will be taken against the licensee
31 and such license may be suspended, revoked, placed on
32 probationary status, or have other disciplinary action,
33 including limiting the scope, nature or extent of her or his
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1 practice, as the Department may deem proper taken with regard
2 thereto. Such written notice may be served by personal
3 delivery or certified or registered mail to the respondent at
4 the address of her or his last notification to the
5 Department. At the time and place fixed in the notice, the
6 Department shall proceed to hear the charges and the parties
7 or their counsel shall be accorded ample opportunity to
8 present such statements, testimony, evidence and argument as
9 may be pertinent to the charges or to the defense to the
10 charges. The Department may continue a hearing from time to
11 time. In case the accused person, after receiving notice,
12 fails to file an answer, her or his license may in the
13 discretion of the Director, having received first the
14 recommendation of the Board, be suspended, revoked, placed on
15 probationary status, or the Director may take whatever
16 disciplinary action as he or she may deem proper, including
17 limiting the scope, nature, or extent of said person's
18 practice, without a hearing, if the act or acts charged
19 constitute sufficient grounds for such action under this Act.
20 (Source: P.A. 90-61, eff. 12-30-97.)
21 (225 ILCS 65/20-85, formerly 65/33)
22 Sec. 20-85. 33. Stenographer; transcript. The
23 Department, at its expense, shall provide a stenographer to
24 take down the testimony and preserve a record of all
25 proceedings at the hearing of any case wherein any
26 disciplinary action is taken regarding a license. The notice
27 of hearing, complaint and all other documents in the nature
28 of pleadings and written motions filed in the proceedings,
29 the transcript of testimony, the report of the Board and the
30 orders of the Department shall be the record of the
31 proceedings. The Department shall furnish a transcript of
32 the record to any person interested in the hearing upon
33 payment of the fee required under Section 60f of the Civil
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1 Administrative Code of Illinois.
2 (Source: P.A. 90-61, eff. 12-30-97.)
3 (225 ILCS 65/20-90, formerly 65/34)
4 Sec. 20-90. 34. Compelled testimony and production of
5 documents. Any circuit court may, upon application of the
6 Department or designee or of the applicant or licensee
7 against whom proceedings upon Section 20-80 32 of this Act
8 are pending, enter an order requiring the attendance of
9 witnesses and their testimony, and the production of
10 documents, papers, files, books and records in connection
11 with any hearing or investigation. The court may compel
12 obedience to its order by proceedings for contempt.
13 (Source: P.A. 85-981.)
14 (225 ILCS 65/20-95, formerly 65/35)
15 Sec. 20-95. 35. Subpoena power; oaths. The Department
16 shall have power to subpoena and bring before it any person
17 in this State and to take testimony, either orally or by
18 deposition or both, with the same fees and mileage and in the
19 same manner as prescribed by law in judicial proceedings in
20 civil cases in circuit courts of this State.
21 The Director and any member of the Board designated by
22 the Director shall each have power to administer oaths to
23 witnesses at any hearing which the Department is authorized
24 to conduct under this Act, and any other oaths required or
25 authorized to be administered by the Department under this
26 Act.
27 (Source: P.A. 90-61, eff. 12-30-97.)
28 (225 ILCS 65/20-100, formerly 65/36)
29 Sec. 20-100. 36. Board report. At the conclusion of the
30 hearing the Board shall present to the Director a written
31 report of its findings of fact, conclusions of law, and
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1 recommendations. The report shall contain a finding whether
2 or not the accused person violated this Act or failed to
3 comply with the conditions required in this Act. The report
4 shall specify the nature of the violation or failure to
5 comply, and the Board shall make its recommendations to the
6 Director.
7 The report of findings of fact, conclusions of law, and
8 recommendation of the Board shall be the basis for the
9 Department's order of refusal or for the granting of a
10 license or permit unless the Director shall determine that
11 the report is contrary to the manifest weight of the
12 evidence, in which case the Director may issue an order in
13 contravention of the report. The findings are not admissible
14 in evidence against the person in a criminal prosecution
15 brought for the violation of this Act, but the hearing and
16 findings are not a bar to a criminal prosecution brought for
17 the violation of this Act.
18 (Source: P.A. 90-61, eff. 12-30-97.)
19 (225 ILCS 65/20-105, formerly 65/37)
20 Sec. 20-105. 37. Hearing officer. The Director shall have
21 the authority to appoint an attorney duly licensed to
22 practice law in the State of Illinois to serve as the hearing
23 officer in any action before the Board to revoke, suspend,
24 place on probation, reprimand, fine, or take any other
25 disciplinary action with regard to a license. The hearing
26 officer shall have full authority to conduct the hearing.
27 The Board shall have the right to have at least one member
28 present at any hearing conducted by such hearing officer.
29 There may be present at least one RN member of the Board at
30 any such hearing or disciplinary conference. An LPN member
31 or LPN educator may be present for hearings and disciplinary
32 conferences of an LPN. The hearing officer shall report her
33 or his findings and recommendations to the Board within 30
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1 days of the receipt of the record. The Board shall have 90
2 days from receipt of the report to review the report of the
3 hearing officer and present their findings of fact,
4 conclusions of law and recommendations to the Director. If
5 the Board fails to present its report within the 90-day
6 period, the Director may issue an order based on the report
7 of the hearing officer. However, if the Board does present
8 its report within the specified 90 days, the Director's
9 order shall be based upon the report of the Board.
10 (Source: P.A. 90-61, eff. 12-30-97.)
11 (225 ILCS 65/20-110, formerly 65/38)
12 Sec. 20-110. 38. Motion for rehearing. In any case
13 involving refusal to issue, renew, or the discipline of a
14 license, a copy of the Board's report shall be served upon
15 the respondent by the Department, either personally or as
16 provided in this Act, for the service of the notice of
17 hearing. Within 20 days after such service, the respondent
18 may present to the Department a motion in writing for a
19 rehearing, which motion shall specify the particular grounds
20 for a rehearing. If no motion for rehearing is filed, then
21 upon the expiration of the time then upon such denial the
22 Director may enter an order in accordance with
23 recommendations of the Board except as provided in Sections
24 20-100 and 20-105 Section 36 and 37 of this Act. If the
25 respondent shall order from the reporting service, and pay
26 for a transcript of the record within the time for filing a
27 motion for rehearing, the 20 day period within which such a
28 motion may be filed shall commence upon the delivery of the
29 transcript to the respondent.
30 (Source: P.A. 90-61, eff. 12-30-97.)
31 (225 ILCS 65/20-115, formerly 65/39)
32 Sec. 20-115. 39. Order for rehearing. Whenever the
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1 Director is satisfied that substantial justice has not been
2 done in the revocation, suspension, or refusal to issue or
3 renew a license, the Director may order a hearing by the same
4 or another hearing officer or the Board.
5 (Source: P.A. 90-61, eff. 12-30-97.)
6 (225 ILCS 65/20-120, formerly 65/40)
7 Sec. 20-120. 40. Order of Director. An order regarding
8 any disciplinary action, or a certified copy thereof over the
9 seal of the Department and purporting to be signed by the
10 Director shall be prima facie evidence that:
11 (a) such signature is the genuine signature of the
12 Director;
13 (b) that such Director is duly appointed and qualified;
14 and
15 (c) that the Board and the Board members are qualified
16 to act.
17 (Source: P.A. 90-61, eff. 12-30-97.)
18 (225 ILCS 65/20-125, formerly 65/41)
19 Sec. 20-125. 41. Restoration after suspension or
20 revocation. At any time after the suspension or revocation
21 of any license, the Department may restore it to the accused
22 person, unless, after an investigation and a hearing, the
23 Department determines that restoration is not in the public
24 interest.
25 (Source: P.A. 85-981.)
26 (225 ILCS 65/20-130, formerly 65/42)
27 Sec. 20-130. 42. Surrender of license. Upon revocation or
28 suspension of any license, the licensee shall forthwith
29 surrender the license to the Department and if the licensee
30 fails to do so, the Department shall have the right to seize
31 the license.
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1 (Source: P.A. 90-61, eff. 12-30-97.)
2 (225 ILCS 65/20-135, formerly 65/43)
3 Sec. 20-135. 43. Temporary suspension. The Director may
4 temporarily suspend the license of a nurse without a hearing,
5 simultaneously with the institution of proceedings for a
6 hearing provided for in Section 20-80 32 of this Act, if the
7 Director finds that evidence in his or her possession
8 indicates that continuation in practice would constitute an
9 imminent danger to the public. In the event that the
10 Director suspends, temporarily, this license without a
11 hearing, a hearing by the Department must be held within 30
12 days after the suspension has occurred, and be concluded
13 without appreciable delay.
14 Proceedings for judicial review shall be commenced in the
15 circuit court of the county in which the party applying for
16 review resides; but if the party is not a resident of this
17 State, the venue shall be in Sangamon County.
18 (Source: P.A. 90-61, eff. 12-30-97.)
19 (225 ILCS 65/20-140, formerly 65/44)
20 Sec. 20-140. 44. Administrative Review Law. All final
21 administrative decisions of the Department hereunder shall be
22 subject to judicial review pursuant to the revisions of the
23 "Administrative Review Law," and all amendments and
24 modifications thereof, and the rule adopted pursuant thereto.
25 The term "administrative decision" is defined as in Section
26 3-101 of the Code of Civil Procedure.
27 (Source: P.A. 85-981.)
28 (225 ILCS 65/20-145, formerly 65/45)
29 Sec. 20-145. 45. Certification of record. The Department
30 shall not be required to certify any record to the Court or
31 file any answer in court or otherwise appear in any court in
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1 a judicial review proceeding, unless there is filed in the
2 court, with the complaint, a receipt from the Department
3 acknowledging payment of the costs of furnishing and
4 certifying the record. Failure on the part of the plaintiff
5 to file such receipt in Court shall be grounds for dismissal
6 of the action.
7 (Source: P.A. 87-1031.)
8 (225 ILCS 65/20-150, formerly 65/46)
9 Sec. 20-150. 46. Criminal penalties. Any person who is
10 found to have violated any provision of this Act is guilty of
11 a Class A misdemeanor. On conviction of a second or
12 subsequent offense, the violator shall be guilty of a Class 4
13 felony.
14 (Source: P.A. 85-981.)
15 (225 ILCS 65/20-155, formerly 65/47)
16 Sec. 20-155. 47. Pending actions. All disciplinary
17 actions taken or pending pursuant to the Illinois Nursing
18 Act, approved June 14, 1951, as amended, shall, for the
19 actions taken, remain in effect, and for the actions pending,
20 shall be continued, on the effective date of this Act without
21 having separate actions filed by the Department.
22 (Source: P.A. 90-61, eff. 12-30-97.)
23 (225 ILCS 65/20-160, formerly 65/48)
24 Sec. 20-160. 48. Illinois Administrative Procedure Act.
25 The Illinois Administrative Procedure Act is hereby expressly
26 adopted and incorporated herein as if all of the provisions
27 of that Act were included in this Act, except that the
28 provision of subsection (d) of Section 10-65 of the Illinois
29 Administrative Procedure Act that provides that at hearings
30 the licensee has the right to show compliance with all lawful
31 requirements for retention, continuation or renewal of the
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1 license is specifically excluded. For the purposes of this
2 Act, the notice required under Section 10-25 of the Illinois
3 Administrative Procedure Act is deemed sufficient when mailed
4 to the last known address of a party.
5 (Source: P.A. 88-45.)
6 (225 ILCS 65/20-165, formerly 65/49)
7 Sec. 20-165. 49. Home rule preemption. It is declared to
8 be the public policy of this State, pursuant to paragraphs
9 (h) and (i) of Section 6 of Article VII of the Illinois
10 Constitution of 1970, that any power or function set forth in
11 this Act to be exercised by the State is an exclusive State
12 power or function. Such power or function shall not be
13 exercised concurrently, either directly or indirectly, by any
14 unit of local government, including home rule units, except
15 as otherwise provided in this Act.
16 (Source: P.A. 85-981.)
17 (225 ILCS 65/10 rep.)
18 (225 ILCS 65/11 rep.)
19 (225 ILCS 65/20 rep.)
20 (225 ILCS 65/25 rep.)
21 (225 ILCS 65/28 rep.)
22 Section 20. The Illinois Nursing Act of 1987 is amended
23 by repealing Sections 10, 11, 20, 25, and 28.
24 Section 30. The Pharmacy Practice Act of 1987 is amended
25 by changing Sections 3 and 4 as follows:
26 (225 ILCS 85/3) (from Ch. 111, par. 4123)
27 Sec. 3. Definitions. For the purpose of this Act, except
28 where otherwise limited therein:
29 (a) "Pharmacy" or "drugstore" means and includes every
30 store, shop, pharmacy department, or other place where
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1 pharmaceutical care is provided by a pharmacist (1) where
2 drugs, medicines, or poisons are dispensed, sold or offered
3 for sale at retail, or displayed for sale at retail; or (2)
4 where prescriptions of physicians, dentists, veterinarians,
5 podiatrists, or therapeutically certified optometrists,
6 within the limits of their licenses, are compounded, filled,
7 or dispensed; or (3) which has upon it or displayed within
8 it, or affixed to or used in connection with it, a sign
9 bearing the word or words "Pharmacist", "Druggist",
10 "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
11 "Medicine Store", "Prescriptions", "Drugs", "Medicines", or
12 any word or words of similar or like import, either in the
13 English language or any other language; or (4) where the
14 characteristic prescription sign (Rx) or similar design is
15 exhibited; or (5) any store, or shop, or other place with
16 respect to which any of the above words, objects, signs or
17 designs are used in any advertisement.
18 (b) "Drugs" means and includes (l) articles recognized
19 in the official United States Pharmacopoeia/National
20 Formulary (USP/NF), or any supplement thereto and being
21 intended for and having for their main use the diagnosis,
22 cure, mitigation, treatment or prevention of disease in man
23 or other animals, as approved by the United States Food and
24 Drug Administration, but does not include devices or their
25 components, parts, or accessories; and (2) all other articles
26 intended for and having for their main use the diagnosis,
27 cure, mitigation, treatment or prevention of disease in man
28 or other animals, as approved by the United States Food and
29 Drug Administration, but does not include devices or their
30 components, parts, or accessories; and (3) articles (other
31 than food) having for their main use and intended to affect
32 the structure or any function of the body of man or other
33 animals; and (4) articles having for their main use and
34 intended for use as a component or any articles specified in
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1 clause (l), (2) or (3); but does not include devices or their
2 components, parts or accessories.
3 (c) "Medicines" means and includes all drugs intended
4 for human or veterinary use approved by the United States
5 Food and Drug Administration.
6 (d) "Practice of pharmacy" means the provision of
7 pharmaceutical care to patients as determined by the
8 pharmacist's professional judgment in the following areas,
9 which may include but are not limited to (1) patient
10 counseling, (2) interpretation and assisting in the
11 monitoring of appropriate drug use and prospective drug
12 utilization review, (3) providing information on the
13 therapeutic values, reactions, drug interactions, side
14 effects, uses, selection of medications and medical devices,
15 and outcome of drug therapy, (4) participation in drug
16 selection, drug monitoring, drug utilization review,
17 evaluation, administration, interpretation, application of
18 pharmacokinetic and laboratory data to design safe and
19 effective drug regimens, (5) drug research (clinical and
20 scientific), and (6) compounding and dispensing of drugs and
21 medical devices.
22 (e) "Prescription" means and includes any written, oral,
23 facsimile, or electronically transmitted order for drugs or
24 medical devices, issued by a physician licensed to practice
25 medicine in all its branches, dentist, veterinarian, or
26 podiatrist, or therapeutically certified optometrist, within
27 the limits of their licenses, or by a physician assistant in
28 accordance with subsection (f) of Section 4, or by an
29 advanced practice nurse in accordance with subsection (g) of
30 Section 4, containing the following: (l) name of the patient;
31 (2) date when prescription was issued; (3) name and strength
32 of drug or description of the medical device prescribed; and
33 (4) quantity, (5) directions for use, (6) prescriber's name,
34 address and signature, and (7) DEA number where required, for
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1 controlled substances. DEA numbers shall not be required on
2 inpatient drug orders.
3 (f) "Person" means and includes a natural person,
4 copartnership, association, corporation, government entity,
5 or any other legal entity.
6 (g) "Department" means the Department of Professional
7 Regulation.
8 (h) "Board of Pharmacy" or "Board" means the State Board
9 of Pharmacy of the Department of Professional Regulation.
10 (i) "Director" means the Director of Professional
11 Regulation.
12 (j) "Drug product selection" means the interchange for a
13 prescribed pharmaceutical product in accordance with Section
14 25 of this Act and Section 3.14 of the Illinois Food, Drug
15 and Cosmetic Act.
16 (k) "Inpatient drug order" means an order issued by an
17 authorized prescriber for a resident or patient of a facility
18 licensed under the Nursing Home Care Act or the Hospital
19 Licensing Act, or "An Act in relation to the founding and
20 operation of the University of Illinois Hospital and the
21 conduct of University of Illinois health care programs",
22 approved July 3, 1931, as amended, or a facility which is
23 operated by the Department of Human Services (as successor to
24 the Department of Mental Health and Developmental
25 Disabilities) or the Department of Corrections.
26 (k-5) "Pharmacist" means an individual currently
27 licensed by this State to engage in the practice of pharmacy.
28 (l) "Pharmacist in charge" means the licensed pharmacist
29 whose name appears on a pharmacy license who is responsible
30 for all aspects of the operation related to the practice of
31 pharmacy.
32 (m) "Dispense" means the delivery of drugs and medical
33 devices, in accordance with applicable State and federal laws
34 and regulations, to the patient or the patient's
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1 representative authorized to receive these products,
2 including the compounding, packaging, and labeling necessary
3 for delivery, and any recommending or advising concerning the
4 contents and therapeutic values and uses thereof. "Dispense"
5 does not mean the physical delivery to a patient or a
6 patient's representative in a home or institution by a
7 designee of a pharmacist or by common carrier. "Dispense"
8 also does not mean the physical delivery of a drug or medical
9 device to a patient or patient's representative by a
10 pharmacist's designee within a pharmacy or drugstore while
11 the pharmacist is on duty and the pharmacy is open.
12 (n) "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 (o) "Compounding" means the preparation, mixing,
18 assembling, packaging, or labeling of a drug or medical
19 device: (1) as the result of a practitioner's prescription
20 drug order or initiative that is dispensed pursuant to a
21 prescription in the course of professional practice; or (2)
22 for the purpose of, or incident to, research, teaching, or
23 chemical analysis; or (3) in anticipation of prescription
24 drug orders based on routine, regularly observed prescribing
25 patterns.
26 (p) "Confidential information" means information,
27 maintained by the pharmacist in the patient's records,
28 released only (i) to the patient or, as the patient directs,
29 to other practitioners and other pharmacists or (ii) to any
30 other person authorized by law to receive the information.
31 (q) "Prospective drug review" or "drug utilization
32 evaluation" means a screening for potential drug therapy
33 problems due to therapeutic duplication, drug-disease
34 contraindications, drug-drug interactions (including serious
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1 interactions with nonprescription or over-the-counter drugs),
2 drug-food interactions, incorrect drug dosage or duration of
3 drug treatment, drug-allergy interactions, and clinical abuse
4 or misuse.
5 (r) "Patient counseling" means the communication between
6 a pharmacist or a student pharmacist under the direct
7 supervision of a pharmacist and a patient or the patient's
8 representative about the patient's medication or device for
9 the purpose of optimizing proper use of prescription
10 medications or devices. The offer to counsel by the
11 pharmacist or the pharmacist's designee, and subsequent
12 patient counseling by the pharmacist or student pharmacist,
13 shall be made in a face-to-face communication with the
14 patient or patient's representative unless, in the
15 professional judgment of the pharmacist, a face-to-face
16 communication is deemed inappropriate or unnecessary. In
17 that instance, the offer to counsel or patient counseling may
18 be made in a written communication, by telephone, or in a
19 manner determined by the pharmacist to be appropriate.
20 (s) "Patient profiles" or "patient drug therapy record"
21 means the obtaining, recording, and maintenance of patient
22 prescription and personal information.
23 (t) "Pharmaceutical care" includes, but is not limited
24 to, the act of monitoring drug use and other patient care
25 services intended to achieve outcomes that improve the
26 patient's quality of life but shall not include the sale of
27 over-the-counter drugs by a seller of goods and services who
28 does not dispense prescription drugs.
29 (u) "Medical device" means an instrument, apparatus,
30 implement, machine, contrivance, implant, in vitro reagent,
31 or other similar or related article, including any component
32 part or accessory, required under federal law to bear the
33 label "Caution: Federal law requires dispensing by or on the
34 order of a physician". A seller of goods and services who,
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1 only for the purpose of retail sales, compounds, sells,
2 rents, or leases medical devices shall not, by reasons
3 thereof, be required to be a licensed pharmacy.
4 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97;
5 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; revised 8-5-97.)
6 (225 ILCS 85/4) (from Ch. 111, par. 4124)
7 Sec. 4. Exemptions. Nothing contained in any Section of
8 this Act shall apply to, or in any manner interfere with:
9 (a) the lawful practice of any physician licensed to
10 practice medicine in all of its branches, dentist,
11 podiatrist, veterinarian, or therapeutically or
12 diagnostically certified optometrist within the limits of his
13 or her license, or prevent him or her from supplying to his
14 or her bona fide patients such drugs, medicines, or poisons
15 as may seem to him appropriate;
16 (b) the sale of compressed gases;
17 (c) the sale of patent or proprietary medicines and
18 household remedies when sold in original and unbroken
19 packages only, if such patent or proprietary medicines and
20 household remedies be properly and adequately labeled as to
21 content and usage and generally considered and accepted as
22 harmless and nonpoisonous when used according to the
23 directions on the label, and also do not contain opium or
24 coca leaves, or any compound, salt or derivative thereof, or
25 any drug which, according to the latest editions of the
26 following authoritative pharmaceutical treatises and
27 standards, namely, The United States Pharmacopoeia/National
28 Formulary (USP/NF), the United States Dispensatory, and the
29 Accepted Dental Remedies of the Council of Dental
30 Therapeutics of the American Dental Association or any or
31 either of them, in use on the effective date of this Act, or
32 according to the existing provisions of the Federal Food,
33 Drug, and Cosmetic Act and Regulations of the Department of
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1 Health and Human Services, Food and Drug Administration,
2 promulgated thereunder now in effect, is designated,
3 described or considered as a narcotic, hypnotic, habit
4 forming, dangerous, or poisonous drug;
5 (d) the sale of poultry and livestock remedies in
6 original and unbroken packages only, labeled for poultry and
7 livestock medication; and
8 (e) the sale of poisonous substances or mixture of
9 poisonous substances, in unbroken packages, for nonmedicinal
10 use in the arts or industries or for insecticide purposes;
11 provided, they are properly and adequately labeled as to
12 content and such nonmedicinal usage, in conformity with the
13 provisions of all applicable federal, state and local laws
14 and regulations promulgated thereunder now in effect relating
15 thereto and governing the same, and those which are required
16 under such applicable laws and regulations to be labeled with
17 the word "Poison", are also labeled with the word "Poison"
18 printed thereon in prominent type and the name of a readily
19 obtainable antidote with directions for its administration;
20 and
21 (f) the delegation of limited prescriptive authority by
22 a physician licensed to practice medicine in all its branches
23 to a physician assistant under Section 7.5 of the Physician
24 Assistant Practice Act of 1987. This delegated authority may
25 but is not required to include prescription of Schedule III,
26 IV, or V controlled substances, as defined in Article II of
27 the Illinois Controlled Substances Act, in accordance with
28 written guidelines under Section 7.5 of the Physician
29 Assistant Practice Act of 1987; and.
30 (g) The delegation of limited prescriptive authority by
31 a physician licensed to practice medicine in all its branches
32 to an advanced practice nurse in accordance with a written
33 collaborative agreement under Sections 15-15 and 15-20 of the
34 Nursing and Advanced Practice Nursing Act. This delegated
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1 authority may but is not required to include the prescription
2 of Schedule III, IV, or V controlled substances as defined in
3 Article II of the Illinois Controlled Substances Act.
4 (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
5 revised 8-5-97.)
6 Section 35. The Illinois Controlled Substances Act is
7 amended by changing Sections 102 and 103 as follows:
8 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
9 Sec. 102. Definitions. As used in this Act, unless the
10 context otherwise requires:
11 (a) "Addict" means any person who habitually uses any
12 drug, chemical, substance or dangerous drug other than
13 alcohol so as to endanger the public morals, health, safety
14 or welfare or who is so far addicted to the use of a
15 dangerous drug or controlled substance other than alcohol as
16 to have lost the power of self control with reference to his
17 addiction.
18 (b) "Administer" means the direct application of a
19 controlled substance, whether by injection, inhalation,
20 ingestion, or any other means, to the body of a patient or
21 research subject by:
22 (1) a practitioner (or, in his presence, by his
23 authorized agent), or
24 (2) the patient or research subject at the lawful
25 direction of the practitioner.
26 (c) "Agent" means an authorized person who acts on
27 behalf of or at the direction of a manufacturer, distributor,
28 or dispenser. It does not include a common or contract
29 carrier, public warehouseman or employee of the carrier or
30 warehouseman.
31 (c-1) "Anabolic Steroids" means any drug or hormonal
32 substance, chemically and pharmacologically related to
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1 testosterone (other than estrogens, progestins, and
2 corticosteroids) that promotes muscle growth, and includes:
3 (i) boldenone,
4 (ii) chlorotestosterone,
5 (iii) chostebol,
6 (iv) dehydrochlormethyltestosterone,
7 (v) dihydrotestosterone,
8 (vi) drostanolone,
9 (vii) ethylestrenol,
10 (viii) fluoxymesterone,
11 (ix) formebulone,
12 (x) mesterolone,
13 (xi) methandienone,
14 (xii) methandranone,
15 (xiii) methandriol,
16 (xiv) methandrostenolone,
17 (xv) methenolone,
18 (xvi) methyltestosterone,
19 (xvii) mibolerone,
20 (xviii) nandrolone,
21 (xix) norethandrolone,
22 (xx) oxandrolone,
23 (xxi) oxymesterone,
24 (xxii) oxymetholone,
25 (xxiii) stanolone,
26 (xxiv) stanozolol,
27 (xxv) testolactone,
28 (xxvi) testosterone,
29 (xxvii) trenbolone, and
30 (xxviii) any salt, ester, or isomer of a drug
31 or substance described or listed in this paragraph,
32 if that salt, ester, or isomer promotes muscle
33 growth.
34 Any person who is otherwise lawfully in possession of an
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1 anabolic steroid, or who otherwise lawfully manufactures,
2 distributes, dispenses, delivers, or possesses with intent to
3 deliver an anabolic steroid, which anabolic steroid is
4 expressly intended for and lawfully allowed to be
5 administered through implants to livestock or other nonhuman
6 species, and which is approved by the Secretary of Health and
7 Human Services for such administration, and which the person
8 intends to administer or have administered through such
9 implants, shall not be considered to be in unauthorized
10 possession or to unlawfully manufacture, distribute,
11 dispense, deliver, or possess with intent to deliver such
12 anabolic steroid for purposes of this Act.
13 (d) "Administration" means the Drug Enforcement
14 Administration, United States Department of Justice, or its
15 successor agency.
16 (e) "Control" means to add a drug or other substance, or
17 immediate precursor, to a Schedule under Article II of this
18 Act whether by transfer from another Schedule or otherwise.
19 (f) "Controlled Substance" means a drug, substance, or
20 immediate precursor in the Schedules of Article II of this
21 Act.
22 (g) "Counterfeit substance" means a controlled
23 substance, which, or the container or labeling of which,
24 without authorization bears the trademark, trade name, or
25 other identifying mark, imprint, number or device, or any
26 likeness thereof, of a manufacturer, distributor, or
27 dispenser other than the person who in fact manufactured,
28 distributed, or dispensed the substance.
29 (h) "Deliver" or "delivery" means the actual,
30 constructive or attempted transfer of possession of a
31 controlled substance, with or without consideration, whether
32 or not there is an agency relationship.
33 (i) "Department" means the Illinois Department of Human
34 Services (as successor to the Department of Alcoholism and
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1 Substance Abuse) or its successor agency.
2 (j) "Department of State Police" means the Department of
3 State Police of the State of Illinois or its successor
4 agency.
5 (k) "Department of Corrections" means the Department of
6 Corrections of the State of Illinois or its successor agency.
7 (l) "Department of Professional Regulation" means the
8 Department of Professional Regulation of the State of
9 Illinois or its successor agency.
10 (m) "Depressant" or "stimulant substance" means:
11 (1) a drug which contains any quantity of (i)
12 barbituric acid or any of the salts of barbituric acid
13 which has been designated as habit forming under section
14 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
15 U.S.C. 352 (d)); or
16 (2) a drug which contains any quantity of (i)
17 amphetamine or methamphetamine and any of their optical
18 isomers; (ii) any salt of amphetamine or methamphetamine
19 or any salt of an optical isomer of amphetamine; or (iii)
20 any substance which the Department, after investigation,
21 has found to be, and by rule designated as, habit forming
22 because of its depressant or stimulant effect on the
23 central nervous system; or
24 (3) lysergic acid diethylamide; or
25 (4) any drug which contains any quantity of a
26 substance which the Department, after investigation, has
27 found to have, and by rule designated as having, a
28 potential for abuse because of its depressant or
29 stimulant effect on the central nervous system or its
30 hallucinogenic effect.
31 (n) "Designated product" means any narcotic drug,
32 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
33 pentazocine or cannabis product listed in Schedule II and
34 also means a controlled substance listed in Schedule II which
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1 is determined and designated by the Department or its
2 successor agency to be such a product. A designated product
3 shall only be dispensed upon an official prescription blank.
4 (o) "Director" means the Director of the Department of
5 State Police or the Department of Professional Regulation or
6 his designated agents.
7 (p) "Dispense" means to deliver a controlled substance
8 to an ultimate user or research subject by or pursuant to the
9 lawful order of a prescriber, including the prescribing,
10 administering, packaging, labeling, or compounding necessary
11 to prepare the substance for that delivery.
12 (q) "Dispenser" means a practitioner who dispenses.
13 (r) "Distribute" means to deliver, other than by
14 administering or dispensing, a controlled substance.
15 (s) "Distributor" means a person who distributes.
16 (t) "Drug" means (1) substances recognized as drugs in
17 the official United States Pharmacopoeia, Official
18 Homeopathic Pharmacopoeia of the United States, or official
19 National Formulary, or any supplement to any of them; (2)
20 substances intended for use in diagnosis, cure, mitigation,
21 treatment, or prevention of disease in man or animals; (3)
22 substances (other than food) intended to affect the structure
23 of any function of the body of man or animals and (4)
24 substances intended for use as a component of any article
25 specified in clause (1), (2), or (3) of this subsection. It
26 does not include devices or their components, parts, or
27 accessories.
28 (u) "Good faith" means the prescribing or dispensing of
29 a controlled substance by a practitioner in the regular
30 course of professional treatment to or for any person who is
31 under his treatment for a pathology or condition other than
32 that individual's physical or psychological dependence upon
33 or addiction to a controlled substance, except as provided
34 herein: and application of the term to a pharmacist shall
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1 mean the dispensing of a controlled substance pursuant to the
2 prescriber's order which in the professional judgment of the
3 pharmacist is lawful. The pharmacist shall be guided by
4 accepted professional standards including, but not limited to
5 the following, in making the judgment:
6 (1) lack of consistency of doctor-patient
7 relationship,
8 (2) frequency of prescriptions for same drug by one
9 prescriber for large numbers of patients,
10 (3) quantities beyond those normally prescribed,
11 (4) unusual dosages,
12 (5) unusual geographic distances between patient,
13 pharmacist and prescriber,
14 (6) consistent prescribing of habit-forming drugs.
15 (u-1) "Home infusion services" means services provided
16 by a pharmacy in compounding solutions for direct
17 administration to a patient in a private residence, long-term
18 care facility, or hospice setting by means of parenteral,
19 intravenous, intramuscular, subcutaneous, or intraspinal
20 infusion.
21 (v) "Immediate precursor" means a substance:
22 (1) which the Department has found to be and by
23 rule designated as being a principal compound used, or
24 produced primarily for use, in the manufacture of a
25 controlled substance;
26 (2) which is an immediate chemical intermediary
27 used or likely to be used in the manufacture of such
28 controlled substance; and
29 (3) the control of which is necessary to prevent,
30 curtail or limit the manufacture of such controlled
31 substance.
32 (w) "Instructional activities" means the acts of
33 teaching, educating or instructing by practitioners using
34 controlled substances within educational facilities approved
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1 by the State Board of Education or its successor agency.
2 (x) "Local authorities" means a duly organized State,
3 County or Municipal peace unit or police force.
4 (y) "Look-alike substance" means a substance, other than
5 a controlled substance which (1) by overall dosage unit
6 appearance, including shape, color, size, markings or lack
7 thereof, taste, consistency, or any other identifying
8 physical characteristic of the substance, would lead a
9 reasonable person to believe that the substance is a
10 controlled substance, or (2) is expressly or impliedly
11 represented to be a controlled substance or is distributed
12 under circumstances which would lead a reasonable person to
13 believe that the substance is a controlled substance. For the
14 purpose of determining whether the representations made or
15 the circumstances of the distribution would lead a reasonable
16 person to believe the substance to be a controlled substance
17 under this clause (2) of subsection (y), the court or other
18 authority may consider the following factors in addition to
19 any other factor that may be relevant:
20 (a) statements made by the owner or person in
21 control of the substance concerning its nature, use or
22 effect;
23 (b) statements made to the buyer or recipient that
24 the substance may be resold for profit;
25 (c) whether the substance is packaged in a manner
26 normally used for the illegal distribution of controlled
27 substances;
28 (d) whether the distribution or attempted
29 distribution included an exchange of or demand for money
30 or other property as consideration, and whether the
31 amount of the consideration was substantially greater
32 than the reasonable retail market value of the substance.
33 Clause (1) of this subsection (y) shall not apply to a
34 noncontrolled substance in its finished dosage form that was
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1 initially introduced into commerce prior to the initial
2 introduction into commerce of a controlled substance in its
3 finished dosage form which it may substantially resemble.
4 Nothing in this subsection (y) prohibits the dispensing
5 or distributing of noncontrolled substances by persons
6 authorized to dispense and distribute controlled substances
7 under this Act, provided that such action would be deemed to
8 be carried out in good faith under subsection (u) if the
9 substances involved were controlled substances.
10 Nothing in this subsection (y) or in this Act prohibits
11 the manufacture, preparation, propagation, compounding,
12 processing, packaging, advertising or distribution of a drug
13 or drugs by any person registered pursuant to Section 510 of
14 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
15 (y-1) "Mail-order pharmacy" means a pharmacy that is
16 located in a state of the United States, other than Illinois,
17 that delivers, dispenses or distributes, through the United
18 States Postal Service or other common carrier, to Illinois
19 residents, any substance which requires a prescription.
20 (z) "Manufacture" means the production, preparation,
21 propagation, compounding, conversion or processing of a
22 controlled substance, either directly or indirectly, by
23 extraction from substances of natural origin, or
24 independently by means of chemical synthesis, or by a
25 combination of extraction and chemical synthesis, and
26 includes any packaging or repackaging of the substance or
27 labeling of its container, except that this term does not
28 include:
29 (1) by an ultimate user, the preparation or
30 compounding of a controlled substance for his own use; or
31 (2) by a practitioner, or his authorized agent
32 under his supervision, the preparation, compounding,
33 packaging, or labeling of a controlled substance:
34 (a) as an incident to his administering or
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1 dispensing of a controlled substance in the course
2 of his professional practice; or
3 (b) as an incident to lawful research,
4 teaching or chemical analysis and not for sale.
5 (aa) "Narcotic drug" means any of the following, whether
6 produced directly or indirectly by extraction from substances
7 of natural origin, or independently by means of chemical
8 synthesis, or by a combination of extraction and chemical
9 synthesis:
10 (1) opium and opiate, and any salt, compound,
11 derivative, or preparation of opium or opiate;
12 (2) any salt, compound, isomer, derivative, or
13 preparation thereof which is chemically equivalent or
14 identical with any of the substances referred to in
15 clause (1), but not including the isoquinoline alkaloids
16 of opium;
17 (3) opium poppy and poppy straw;
18 (4) coca leaves and any salts, compound, isomer,
19 salt of an isomer, derivative, or preparation of coca
20 leaves including cocaine or ecgonine, and any salt,
21 compound, isomer, derivative, or preparation thereof
22 which is chemically equivalent or identical with any of
23 these substances, but not including decocainized coca
24 leaves or extractions of coca leaves which do not contain
25 cocaine or ecgonine (for the purpose of this paragraph,
26 the term "isomer" includes optical, positional and
27 geometric isomers).
28 (bb) "Nurse" means a registered nurse licensed under the
29 Illinois Nursing and Advanced Practice Nursing Act of 1987.
30 (cc) "Official prescription blanks" means the triplicate
31 prescription forms supplied to prescribers by the Department
32 for prescribing Schedule II Designated Product controlled
33 substances.
34 (dd) "Opiate" means any substance having an addiction
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1 forming or addiction sustaining liability similar to morphine
2 or being capable of conversion into a drug having addiction
3 forming or addiction sustaining liability.
4 (ee) "Opium poppy" means the plant of the species
5 Papaver somniferum L., except its seeds.
6 (ff) "Parole and Pardon Board" means the Parole and
7 Pardon Board of the State of Illinois or its successor
8 agency.
9 (gg) "Person" means any individual, corporation,
10 mail-order pharmacy, government or governmental subdivision
11 or agency, business trust, estate, trust, partnership or
12 association, or any other entity.
13 (hh) "Pharmacist" means any person who holds a
14 certificate of registration as a registered pharmacist, a
15 local registered pharmacist or a registered assistant
16 pharmacist under the Pharmacy Practice Act of 1987.
17 (ii) "Pharmacy" means any store, ship or other place in
18 which pharmacy is authorized to be practiced under the
19 Pharmacy Practice Act of 1987.
20 (jj) "Poppy straw" means all parts, except the seeds, of
21 the opium poppy, after mowing.
22 (kk) "Practitioner" means a physician licensed to
23 practice medicine in all its branches, dentist, podiatrist,
24 veterinarian, scientific investigator, pharmacist, physician
25 assistant, advanced practice nurse, licensed practical nurse,
26 registered nurse, hospital, laboratory, or pharmacy, or other
27 person licensed, registered, or otherwise lawfully permitted
28 by the United States or this State to distribute, dispense,
29 conduct research with respect to, administer or use in
30 teaching or chemical analysis, a controlled substance in the
31 course of professional practice or research.
32 (ll) "Pre-printed prescription" means a written
33 prescription upon which the designated drug has been
34 indicated prior to the time of issuance.
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1 (mm) "Prescriber" means a physician licensed to practice
2 medicine in all its branches, dentist, podiatrist or
3 veterinarian who issues a prescription, or a physician
4 assistant who issues a prescription for a Schedule III, IV,
5 or V controlled substance as delegated by a physician
6 licensed to practice medicine in all its branches in
7 accordance with the written guidelines required under Section
8 7.5 of the Physician Assistant Practice Act of 1987, or an
9 advanced practice nurse with prescriptive authority, as
10 delegated by a physician licensed to practice medicine in all
11 its branches, in accordance with a written collaborative
12 agreement under Sections 15-15 and 15-20 of the Nursing and
13 Advanced Practice Nursing Act.
14 (nn) "Prescription" means a lawful written, facsimile,
15 or verbal order of a physician licensed to practice medicine
16 in all its branches, dentist, podiatrist or veterinarian for
17 any controlled substance, or of a physician assistant for a
18 Schedule III, IV, or V controlled substance as delegated by a
19 physician licensed to practice medicine in all its branches
20 in accordance with the written guidelines required under
21 Section 7.5 of the Physician Assistant Practice Act of 1987,
22 or of an advanced practice nurse who issues a prescription
23 for a Schedule III, IV, or V controlled substance, pursuant
24 to prescriptive authority delegated by a physician licensed
25 to practice medicine in all its branches, in accordance with
26 a written collaborative agreement under Sections 15-15 and
27 15-20 of the Nursing 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 40. The Good Samaritan Act is amended by adding
19 Sections 3 and 34 and changing Sections 10, 25, 30, 35, 40,
20 45, 60, 70, and 75 as follows:
21 (745 ILCS 49/3 new)
22 Sec. 3. Definition. In this Act, "willful or wanton
23 misconduct" means a course of action that shows an actual or
24 deliberate intention to cause harm or that, if not
25 intentional, shows an utter indifference to or conscious
26 disregard for the safety of others or their property.
27 (745 ILCS 49/10)
28 Sec. 10. Cardiopulmonary resuscitation; exemption from
29 civil liability for emergency care. Any person currently
30 certified in basic cardiopulmonary resuscitation who complies
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1 with generally recognized standards, and who in good faith,
2 not for compensation, provides emergency cardiopulmonary
3 resuscitation to a person who is an apparent victim of acute
4 cardiopulmonary insufficiency shall not, as the result of his
5 or her acts or omissions in providing resuscitation, be
6 liable for civil damages, unless the acts or omissions
7 constitute willful and wanton misconduct.
8 (Source: P.A. 89-607, eff. 1-1-97.)
9 (745 ILCS 49/25)
10 Sec. 25. Physicians; exemption from civil liability for
11 emergency care. Any person licensed under the Medical
12 Practice Act of 1987 or any person licensed to practice the
13 treatment of human ailments in any other state or territory
14 of the United States, except a person licensed to practice
15 midwifery, who, in good faith and without prior notice of the
16 illness or injury, provides emergency care without fee to a
17 person, shall not, as a result of his or her their acts or
18 omissions, except willful or wanton misconduct on the part of
19 the person, in providing the care, be liable for civil
20 damages.
21 (Source: P.A. 89-607, eff. 1-1-97.)
22 (745 ILCS 49/30)
23 Sec. 30. Free medical clinic; exemption from civil
24 liability for services performed without compensation.
25 (a) A person licensed under the Medical Practice Act of
26 1987, a person or licensed to practice the treatment of human
27 ailments in any other state or territory of the United
28 States, or a health care professional, including but not
29 limited to an advanced practice nurse, physician assistant,
30 nurse, pharmacist, physical therapist, podiatrist, or social
31 worker licensed in this State or any other state or territory
32 of the United States, except a person licensed to practice
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1 midwifery, who, in good faith, provides medical treatment,
2 diagnosis, or advice as a part of the services of an
3 established free medical clinic providing care to medically
4 indigent patients which is limited to care that does not
5 require the services of a licensed hospital or ambulatory
6 surgical treatment center and who receives no fee or
7 compensation from that source shall not be liable for civil
8 damages as a result of his or her acts or omissions in
9 providing that medical treatment, except for willful or
10 wanton misconduct.
11 (b) For purposes of this Section, a "free medical
12 clinic" is an organized community based program providing
13 medical care without charge to individuals unable to pay for
14 it, at which the care provided does not include the use of
15 general anesthesia or require an overnight stay in a
16 health-care facility.
17 (c) The provisions of subsection (a) of this Section do
18 not apply to a particular case unless the free medical clinic
19 has posted in a conspicuous place on its premises an
20 explanation of the exemption from civil liability provided
21 herein.
22 (d) The immunity from civil damages provided under
23 subsection (a) also applies to physicians, hospitals, and
24 other health care providers that provide further medical
25 treatment, diagnosis, or advice to a patient upon referral
26 from an established free medical clinic without fee or
27 compensation.
28 (e) Nothing in this Section prohibits a free medical
29 clinic from accepting voluntary contributions for medical
30 services provided to a patient who has acknowledged his or
31 her ability and willingness to pay a portion of the value of
32 the medical services provided.
33 Any voluntary contribution collected for providing care
34 at a free medical clinic shall be used only to pay overhead
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1 expenses of operating the clinic. No portion of any moneys
2 collected shall be used to provide a fee or other
3 compensation to any person licensed under Medical Practice
4 Act of 1987.
5 (Source: P.A. 89-607, eff. 1-1-97.)
6 (745 ILCS 49/34 new)
7 Sec. 34. Advanced practice nurse; exemption from civil
8 liability for emergency care. A person licensed as an
9 advanced practice nurse under the Nursing and Advanced
10 Practice Nursing Act who in good faith provides emergency
11 care without fee to a person shall not be liable for civil
12 damages as a result of his or her acts or omissions, except
13 for willful or wanton misconduct on the part of the person in
14 providing the care.
15 (745 ILCS 49/35)
16 Sec. 35. Nurses; exemption from civil liability for
17 emergency care. Any person licensed under the Illinois
18 Nursing Act of 1987 or any person licensed as a professional
19 nurse, or as a practical nurse in Illinois or any other state
20 or territory of the United States who in good faith and
21 without prior notice of the illness or injury provides
22 emergency care without fee to a person shall not, as a result
23 of her or his acts or omissions, except for willful or wanton
24 misconduct on the part of the person, in providing the care,
25 be liable for civil damages.
26 (Source: P.A. 89-607, eff. 1-1-97.)
27 (745 ILCS 49/40)
28 Sec. 40. Nurses; exemption from civil liability for
29 services performed without compensation.
30 (a) No person licensed as a professional nurse or as a
31 practical nurse under the Illinois Nursing and Advanced
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1 Practice Nursing Act of 1987 who, without compensation,
2 renders nursing services, shall be liable, and no cause of
3 action may be brought, for damages resulting from an act or
4 omission in rendering such services unless the act or
5 omission involved willful or wanton misconduct.
6 (b) (Blank). As used in this Section "willful or wanton
7 misconduct" means a course of action which shows an actual or
8 deliberate intention to cause harm or which, if not
9 intentional, shows an utter indifference to or conscious
10 disregard for the safety of others or their property.
11 (c) As used in this Section "entity" means a
12 proprietorship, partnership, association or corporation,
13 whether or not operated for profit.
14 (d) Nothing in this Section is intended to bar any cause
15 of action against an entity or change the liability of an
16 entity which arises out of an act or omission of any person
17 exempt from liability for negligence under this Section.
18 (Source: P.A. 89-607, eff. 1-1-97.)
19 (745 ILCS 49/45)
20 Sec. 45. Physical Therapist; exemption from civil
21 liability for emergency care. Any physical therapist, as
22 defined in Section 1 of the Illinois Physical Therapy Act,
23 who in good faith provides emergency care without fee to any
24 person shall not, as a result of his or her acts or
25 omissions, except willful and wanton misconduct on the part
26 of the person in providing the care, be liable to a person to
27 whom such care is provided for civil damages.
28 (Source: P.A. 89-607, eff. 1-1-97.)
29 (745 ILCS 49/60)
30 Sec. 60. Veterinarians; exemption from civil liability
31 for emergency care to humans. Any person licensed under the
32 Veterinary Medicine and Surgery Practice Act of 1994 or any
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1 person licensed as a veterinarian in any other state or
2 territory of the United States who in good faith provides
3 emergency care to a human victim of an accident, at the scene
4 of an accident or in a catastrophe shall not be liable for
5 civil damages as a result of his or her acts or omissions,
6 except for willful or wanton misconduct on the part of the
7 person in providing the care.
8 (Source: P.A. 89-607, eff. 1-1-97.)
9 (745 ILCS 49/70)
10 Sec. 70. Law enforcement officers or firemen; exemption
11 from civil liability for emergency care. Any law
12 enforcement officer or fireman as defined in Section 2 of the
13 Law Enforcement Officers, Civil Defense Workers, Civil Air
14 Patrol Members, Paramedics, Firemen, Chaplains, and State
15 Employees Compensation Act, who in good faith provides
16 emergency care without fee to any person shall not, as a
17 result of his or her acts or omissions, except willful and
18 wanton misconduct on the part of the person, in providing the
19 care, be liable to a person to whom such care is provided for
20 civil damages.
21 (Source: P.A. 89-607, eff. 1-1-97.)
22 (745 ILCS 49/75)
23 Sec. 75. Employers and employees under the Health and
24 Safety Act; exemption from civil liability for emergency
25 care. Any employer, who in good faith provides emergency
26 medical or first aid care without fee to any employee or any
27 other person employed on the same project shall not, as a
28 result of his or her acts or omissions, except willful and
29 wanton misconduct on the part of the employer, in providing
30 the care, be liable to such employee or such other person to
31 whom such care is provided for civil damages.
32 Any employee who in good faith provides emergency medical
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1 or first aid care without fee to any other employee or any
2 other person employed on the same project shall not, as a
3 result of his or her acts or omissions, except for willful
4 and wanton misconduct on the part of the employee in
5 providing the care, be liable to the employee or other person
6 to whom the care is provided for civil damages.
7 Excluded from the operation of this Section are any
8 employees who are licensed physicians, nurses, dentists, or
9 other licensed health services personnel.
10 The provisions of this Section do not affect or in any
11 way diminish or change an employer's liability under the
12 Workers' Compensation Act, or the Workers' Occupational
13 Diseases Act.
14 This Section applies only to employers and employees
15 under the Health and Safety Act.
16 (Source: P.A. 89-607, eff. 1-1-97.)
17 Section 99. Effective date. This Act takes effect July
18 1, 1998.