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91_HB0946
LRB9102731ACtm
1 AN ACT to amend the Nursing and Advanced Practice Nursing
2 Act by changing Section 10-50.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Nursing and Advanced Practice Nursing Act
6 is amended by changing Section 10-50 as follows:
7 (225 ILCS 65/10-50)
8 Sec. 10-50. Intoxication and drug abuse.
9 (a) A professional assistance program for nurses shall
10 be established by January 1, 1999.
11 (b) The Director shall appoint a task force to advise in
12 the creation of the assistance program. The task force shall
13 include members of the Department and professional nurses,
14 and shall report its findings and recommendations to the
15 Committee on Nursing.
16 (c) Any registered professional nurse who is an
17 administrator or officer in any hospital, nursing home, other
18 health care agency or facility, or nurse agency and has
19 knowledge of any action or condition which reasonably
20 indicates to her or him that a registered professional nurse
21 or licensed practical nurse employed by or practicing nursing
22 in such hospital, nursing home, other health care agency or
23 facility, or nurse agency is habitually intoxicated or
24 addicted to the use of habit-forming drugs to the extent that
25 such intoxication or addiction adversely affects the such
26 nurse's professional performance, or unlawfully possesses,
27 uses, distributes or converts habit-forming drugs belonging
28 to the hospital, nursing home or other health care agency or
29 facility for the such nurse's own use, shall promptly file a
30 written report thereof to the Department; provided however,
31 an administrator or officer need not file the report if the
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1 nurse participates in a course of remedial professional
2 counseling or medical treatment for substance abuse, as long
3 as the such nurse actively pursues the such treatment under
4 monitoring by the administrator or officer or by the
5 hospital, nursing home, health care agency or facility, or
6 nurse agency and the nurse continues to be employed by the
7 such hospital, nursing home, health care agency or facility,
8 or nurse agency. The Department shall review all reports
9 received by it in a timely manner. Its initial review shall
10 be completed no later than 60 days after receipt of the
11 report. Within this 60 day period, the Department shall, in
12 writing, make a determination as to whether there are
13 sufficient facts to warrant further investigation or action.
14 Should the Department find insufficient facts to warrant
15 further investigation, or action, the report shall be
16 accepted for filing and the matter shall be deemed closed and
17 so reported.
18 Should the Department find sufficient facts to warrant
19 further investigation, such investigation shall be completed
20 within 60 days of the date of the determination of sufficient
21 facts to warrant further investigation or action. Final
22 action shall be determined no later than 30 days after the
23 completion of the investigation. If there is a finding which
24 verifies habitual intoxication or drug addiction which
25 adversely affects professional performance or the unlawful
26 possession, use, distribution or conversion of habit-forming
27 drugs by the reported nurse, the Department may refuse to
28 issue or renew or may suspend or revoke that nurse's license
29 as a registered professional nurse or a licensed practical
30 nurse.
31 Any of the aforementioned actions or a determination that
32 there are insufficient facts to warrant further investigation
33 or action shall be considered a final action. The nurse
34 administrator or officer who filed the original report or
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1 complaint, and the nurse who is the subject of the report,
2 shall be notified in writing by the Department within 15 days
3 of any final action taken by the Department.
4 Each year on March 1, commencing with the effective date
5 of this Act, the Department shall submit a report to the
6 General Assembly. The report shall include the number of
7 reports made under this Section to the Department during the
8 previous year, the number of reports reviewed and found
9 insufficient to warrant further investigation, the number of
10 reports not completed and the reasons for incompletion. This
11 report shall be made available also to nurses requesting the
12 report.
13 Any person making a report under this Section or in good
14 faith assisting another person in making such a report shall
15 have immunity from any liability, either criminal or civil,
16 that might result by reason of such action. For the purpose
17 of any legal proceeding, criminal or civil, there shall be a
18 rebuttable presumption that any person making a report under
19 this Section or assisting another person in making such
20 report was acting in good faith. All such reports and any
21 information disclosed to or collected by the Department
22 pursuant to this Section shall remain confidential records of
23 the Department and shall not be disclosed nor be subject to
24 any law or regulation of this State relating to freedom of
25 information or public disclosure of records.
26 (Source: P.A. 90-742, eff. 8-13-98.)