|
(b) The following Acts are repealed on December 31, 2008: |
The Medical Practice Act of 1987. |
The Environmental Health Practitioner Licensing Act.
|
(Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; |
94-1085, eff. 1-19-07; revised 1-22-07.)
|
(5 ILCS 80/4.28 new) |
Sec. 4.28. Act repealed on January 1, 2018. The following |
Act is repealed on January 1, 2018: |
The Nurse Practice Act. |
Section 10. The Mental Health and Developmental |
Disabilities Administrative Act is amended by changing Section |
56 as follows:
|
(20 ILCS 1705/56) (from Ch. 91 1/2, par. 100-56)
|
Sec. 56. The Secretary, upon making a determination based
|
upon information in the possession of the Department, that
|
continuation in practice of a licensed health care professional |
would
constitute an immediate danger to the public, shall |
submit a written
communication to the Director of Professional |
Regulation indicating such
determination and additionally |
providing a complete summary of the
information upon which such |
determination is based, and recommending that
the Director of |
Professional Regulation immediately suspend such person's
|
license. All relevant evidence, or copies thereof, in the |
|
Department's
possession may also be submitted in conjunction |
with the written
communication. A copy of such written |
communication, which is exempt from
the copying and inspection |
provisions of the Freedom of Information Act,
shall at the time |
of submittal to the Director of Professional Regulation
be |
simultaneously mailed to the last known business address of |
such
licensed health care professional by certified or |
registered postage,
United States Mail, return receipt |
requested. Any evidence, or copies
thereof, which is submitted |
in conjunction with the written communication
is also exempt |
from the copying and inspection provisions of the Freedom of
|
Information Act.
|
For the purposes of this Section, "licensed health care |
professional"
means any person licensed under the Illinois |
Dental Practice Act, the Nurse Practice Act
Nursing
and |
Advanced Practice Nursing Act , the Medical Practice Act of |
1987, the
Pharmacy Practice Act of 1987, the Podiatric Medical |
Practice Act of
1987, and the Illinois Optometric Practice Act |
of 1987.
|
(Source: P.A. 89-507, eff. 7-1-97; 90-742, eff. 8-13-98.)
|
Section 15. The Department of Public Health Powers and |
Duties Law of the
Civil Administrative Code of Illinois is |
amended by changing Sections 2310-140 and 2310-210 as follows:
|
(20 ILCS 2310/2310-140) (was 20 ILCS 2310/55.37a)
|
|
Sec. 2310-140. Recommending suspension of licensed health |
care
professional. The Director, upon making a
determination |
based upon information in the possession of the Department
that |
continuation in practice of a licensed health care professional |
would
constitute an immediate danger to the public, shall |
submit a written
communication to the Director of
Professional |
Regulation indicating that determination and
additionally
(i) |
providing a complete summary of the information upon which the
|
determination is based and (ii) recommending that the Director |
of
Professional
Regulation immediately suspend the person's |
license. All relevant
evidence, or copies thereof, in the |
Department's possession may also be
submitted in conjunction |
with the written communication. A copy of the
written |
communication, which is exempt from the copying and inspection
|
provisions of the Freedom of Information Act, shall at the time |
of
submittal to the Director of
Professional Regulation be |
simultaneously mailed to the last known
business address of the |
licensed health care professional by
certified or
registered |
postage, United States Mail, return receipt requested. Any
|
evidence, or copies thereof, that is submitted in conjunction
|
with the
written communication is also exempt from the copying |
and
inspection
provisions of the Freedom of Information Act.
|
For the purposes of this Section, "licensed health care |
professional"
means any person licensed under the Illinois |
Dental Practice Act, the Nurse Practice Act
Nursing
and |
Advanced Practice Nursing Act , the Medical Practice Act of |
|
1987, the
Pharmacy Practice Act of 1987, the Podiatric Medical |
Practice Act of
1987, or the Illinois Optometric Practice Act |
of 1987.
|
(Source: P.A. 90-742, eff. 8-13-98; 91-239, eff. 1-1-00.)
|
(20 ILCS 2310/2310-210) (was 20 ILCS 2310/55.62a)
|
Sec. 2310-210. Advisory Panel on Minority Health.
|
(a) In this Section:
|
"Health profession" means any health profession regulated |
under the laws of
this State, including, without limitation, |
professions regulated under the
Illinois Athletic Trainers |
Practice Act, the Clinical Psychologist Licensing
Act, the |
Clinical Social Work and Social Work Practice Act, the Illinois |
Dental
Practice Act, the Dietetic and Nutrition Services |
Practice Act, the Marriage
and Family Therapy Licensing Act, |
the Medical Practice Act of 1987, the
Naprapathic Practice Act, |
the Nurse Practice Act
Nursing and Advanced Practice Nursing |
Act , the
Illinois
Occupational Therapy Practice Act, the |
Illinois Optometric Practice Act of
1987, the Illinois
Physical |
Therapy Act, the Physician Assistant Practice Act of 1987, the
|
Podiatric Medical Practice Act of
1987, the Professional |
Counselor and Clinical Professional Counselor Licensing
Act, |
and the Illinois Speech-Language Pathology and Audiology |
Practice Act.
|
"Minority" has the same meaning as in Section 2310-215.
|
(b) The General Assembly finds as follows:
|
|
(1) The health status of individuals from ethnic and |
racial minorities in
this State is significantly lower than |
the health status of the general
population of the State.
|
(2) Minorities suffer disproportionately high rates of |
cancer, stroke,
heart disease, diabetes, sickle-cell |
anemia, lupus, substance abuse, acquired
immune deficiency |
syndrome, other diseases and disorders, unintentional
|
injuries, and suicide.
|
(3) The incidence of infant mortality among minorities |
is almost double
that for the general population.
|
(4) Minorities suffer disproportionately from lack of |
access to health
care and poor living conditions.
|
(5) Minorities are under-represented in the health |
care professions.
|
(6) Minority participation in the procurement policies |
of the health care
industry is lacking.
|
(7) Minority health professionals historically have |
tended to practice in
low-income areas and to serve |
minorities.
|
(8) National experts on minority health report that |
access to health care
among minorities can be substantially |
improved by increasing the number of
minority health |
professionals.
|
(9) Increasing the number of minorities serving on the |
facilities of
health professional schools is an important |
factor in attracting minorities to
pursue a career in |
|
health professions.
|
(10) Retaining minority health professionals currently |
practicing in this
State and those receiving training and |
education in this State is an important
factor in |
maintaining and increasing the number of minority health
|
professionals in Illinois.
|
(11) An Advisory Panel on Minority Health is necessary |
to address the
health issues affecting minorities in this |
State.
|
(c) The General Assembly's intent is as follows:
|
(1) That all Illinoisans have access to health care.
|
(2) That the gap between the health status of |
minorities and other
Illinoisans
be closed.
|
(3) That the health issues that disproportionately |
affect minorities be
addressed to improve the health status |
of minorities.
|
(4) That the number of minorities in the health |
professions be increased.
|
(d) The Advisory Panel on Minority Health is created. The |
Advisory Panel
shall consist of 25 members appointed by the |
Director of Public Health. The
members shall represent health |
professions and the General Assembly.
|
(e) The Advisory Panel shall assist the Department in the |
following manner:
|
(1) Examination of the following areas as they relate |
to minority health:
|
|
(A) Access to health care.
|
(B) Demographic factors.
|
(C) Environmental factors.
|
(D) Financing of health care.
|
(E) Health behavior.
|
(F) Health knowledge.
|
(G) Utilization of quality care.
|
(H) Minorities in health care professions.
|
(2) Development of monitoring, tracking, and reporting |
mechanisms for
programs
and services with minority health |
goals and objectives.
|
(3) Communication with local health departments, |
community-based
organizations,
voluntary health |
organizations, and other public and private organizations
|
statewide, on an ongoing basis, to learn more about their |
services to
minority communities, the health problems of |
minority communities, and their
ideas for improving |
minority health.
|
(4) Promotion of communication among all State |
agencies that provide
services
to minority populations.
|
(5) Building coalitions between the State and |
leadership in minority
communities.
|
(6) Encouragement of recruitment and retention of |
minority health
professionals.
|
(7) Improvement in methods for collecting and |
reporting data on minority
health.
|
|
(8) Improvement in accessibility to health and medical |
care for minority
populations in under-served rural and |
urban areas.
|
(9) Reduction of communication barriers for |
non-English speaking
residents.
|
(10) Coordination of the development and dissemination |
of culturally
appropriate
and sensitive education |
material, public awareness messages, and health
promotion |
programs for minorities.
|
(f) On or before January 1, 1997 the Advisory Panel shall |
submit an
interim report to the Governor and the General |
Assembly. The interim report
shall include an update on the |
Advisory Panel's progress in performing its
functions under |
this Section and shall include
recommendations, including |
recommendations for any necessary legislative
changes.
|
On or before January 1, 1998 the Advisory Panel shall |
submit a final report
to the Governor and the General Assembly. |
The final report shall include the
following:
|
(1) An evaluation of the health status of minorities in |
this State.
|
(2) An evaluation of minority access to health care in |
this State.
|
(3) Recommendations for improving the health status of |
minorities in this
State.
|
(4) Recommendations for increasing minority access to |
health care in this
State.
|
|
(5) Recommendations for increasing minority |
participation in the
procurement policies of the health |
care industry.
|
(6) Recommendations for increasing the number of |
minority health
professionals in this State.
|
(7) Recommendations that will ensure that the health |
status of minorities
in this State continues to be |
addressed beyond the expiration of the Advisory
Panel.
|
(Source: P.A. 90-742, eff. 8-13-98; 91-239, eff. 1-1-00.)
|
Section 20. The Department of Veterans Affairs Act is |
amended by changing Section 2.07 as follows:
|
(20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07)
|
Sec. 2.07. The Department shall employ and maintain |
sufficient and
qualified staff at the veterans' homes to
|
fulfill the requirements of this Act. The Department shall |
report to
the General Assembly, by January 1 and July 1 of each |
year, the number of
staff employed in providing direct patient |
care at their veterans' homes,
the compliance or noncompliance |
with staffing standards established by the
United States |
Department of Veterans Affairs for
such care, and in the event |
of
noncompliance with such standards, the number of staff |
required for compliance. For purposes of this Section, a nurse |
who has a license application pending with the State shall not |
be deemed unqualified by the Department if the nurse is in |
|
compliance with Section 50-15 of the Nurse Practice Act
225 |
ILCS 65/5-15(g) or 225 ILCS
5-15(i) of the
Nursing and Advanced |
Practice Nursing Act .
|
All contracts between the State and outside contractors to |
provide workers
to
staff and service
the Anna
Veterans Home |
shall be canceled in accordance with the terms of those
|
contracts. Upon
cancellation, each
worker or staff member shall |
be offered certified employment status under the
Illinois
|
Personnel Code with the State of Illinois.
To the extent it is |
reasonably practicable, the position offered to each person
|
shall be at the
same facility and
shall
consist of the same |
duties and hours as previously existed under the
canceled
|
contract or contracts.
|
(Source: P.A. 93-597, eff. 8-26-03; 94-703, eff. 6-1-06; |
revised 9-15-06.)
|
Section 25. The Geriatric Medicine Assistance Act is |
amended by changing Section 2 as follows:
|
(20 ILCS 3945/2) (from Ch. 144, par. 2002)
|
Sec. 2. There is created the Geriatric Medicine Assistance |
Commission. The Commission shall receive and approve |
applications for grants from schools,
recognized by the |
Department of Professional Regulation as being authorized
to |
confer doctor of medicine, doctor of osteopathy, doctor of |
chiropractic
or registered professional nursing degrees in the |
|
State, to help finance
the establishment of geriatric medicine |
programs within such schools. In
determining eligibility for |
grants, the Commission shall give preference to
those programs |
which exhibit the greatest potential for directly benefiting
|
the largest number of elderly citizens in the State. The |
Commission may not
approve the application of any institution |
which is unable to demonstrate
its current financial stability |
and reasonable prospects for future
stability. No institution |
which fails to possess and maintain an open
policy with respect |
to race, creed, color and sex as to admission of
students, |
appointment of faculty and employment of staff shall be |
eligible
for grants under this Act. The Commission shall |
establish such rules and
standards as it deems necessary for |
the implementation of this Act.
|
The Commission shall be composed of 8 members selected as |
follows: 2
physicians licensed to practice under the Medical |
Practice Act of 1987
and specializing in geriatric medicine; a |
registered professional nurse
licensed under the Nurse |
Practice Act
Nursing and Advanced Practice Nursing Act and |
specializing in
geriatric health care; 2 representatives of |
organizations
interested in geriatric
medicine or the care of |
the elderly; and 3 individuals 60 or older who are
interested |
in geriatric health care or the care of the
elderly. The |
members of
the Commission shall be selected by the Governor |
from a list
of recommendations submitted to him by |
organizations concerned with geriatric
medicine or the care of |
|
the elderly.
|
The terms of the members of the Commission shall be 4 |
years, except that
of the members initially appointed, 2 shall |
be designated to serve until
January 1, 1986, 3 until January |
1, 1988, and 2 until January 1, 1990.
Members of the Commission |
shall receive no compensation, but shall be
reimbursed for |
actual expenses incurred in carrying out their duties.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
Section 30. The State Finance Act is amended by changing |
Section 8h as follows: |
(30 ILCS 105/8h)
|
Sec. 8h. Transfers to General Revenue Fund. |
(a) Except as otherwise provided in this Section and |
Section 8n of this Act, and (c), (d), or (e),
notwithstanding |
any other
State law to the contrary, the Governor
may, through |
June 30, 2007, from time to time direct the State Treasurer and |
Comptroller to transfer
a specified sum from any fund held by |
the State Treasurer to the General
Revenue Fund in order to |
help defray the State's operating costs for the
fiscal year. |
The total transfer under this Section from any fund in any
|
fiscal year shall not exceed the lesser of (i) 8% of the |
revenues to be deposited
into the fund during that fiscal year |
or (ii) an amount that leaves a remaining fund balance of 25% |
of the July 1 fund balance of that fiscal year. In fiscal year |
|
2005 only, prior to calculating the July 1, 2004 final |
balances, the Governor may calculate and direct the State |
Treasurer with the Comptroller to transfer additional amounts |
determined by applying the formula authorized in Public Act |
93-839 to the funds balances on July 1, 2003.
No transfer may |
be made from a fund under this Section that would have the
|
effect of reducing the available balance in the fund to an |
amount less than
the amount remaining unexpended and unreserved |
from the total appropriation
from that fund estimated to be |
expended for that fiscal year. This Section does not apply to |
any
funds that are restricted by federal law to a specific use, |
to any funds in
the Motor Fuel Tax Fund, the Intercity |
Passenger Rail Fund, the Hospital Provider Fund, the Medicaid |
Provider Relief Fund, the Teacher Health Insurance Security |
Fund, the Reviewing Court Alternative Dispute Resolution Fund, |
the Voters' Guide Fund, the Foreign Language Interpreter Fund, |
the Lawyers' Assistance Program Fund, the Supreme Court Federal |
Projects Fund, the Supreme Court Special State Projects Fund, |
the Supplemental Low-Income Energy Assistance Fund, the Good |
Samaritan Energy Trust Fund, the Low-Level Radioactive Waste |
Facility Development and Operation Fund, the Horse Racing |
Equity Trust Fund, or the Hospital Basic Services Preservation |
Fund, or to any
funds to which Section 70-50 of the Nurse |
Practice Act
subsection (f) of Section 20-40 of the Nursing and |
Advanced Practice Nursing Act applies. No transfers may be made |
under this Section from the Pet Population Control Fund. |
|
Notwithstanding any
other provision of this Section, for fiscal |
year 2004,
the total transfer under this Section from the Road |
Fund or the State
Construction Account Fund shall not exceed |
the lesser of (i) 5% of the revenues to be deposited
into the |
fund during that fiscal year or (ii) 25% of the beginning |
balance in the fund.
For fiscal year 2005 through fiscal year |
2007, no amounts may be transferred under this Section from the |
Road Fund, the State Construction Account Fund, the Criminal |
Justice Information Systems Trust Fund, the Wireless Service |
Emergency Fund, or the Mandatory Arbitration Fund.
|
In determining the available balance in a fund, the |
Governor
may include receipts, transfers into the fund, and |
other
resources anticipated to be available in the fund in that |
fiscal year.
|
The State Treasurer and Comptroller shall transfer the |
amounts designated
under this Section as soon as may be |
practicable after receiving the direction
to transfer from the |
Governor.
|
(a-5) Transfers directed to be made under this Section on |
or before February 28, 2006 that are still pending on May 19, |
2006 ( the effective date of Public Act 94-774)
this amendatory |
Act of the 94th General Assembly shall be redirected as |
provided in Section 8n of this Act.
|
(b) This Section does not apply to: (i) the Ticket For The |
Cure Fund; (ii) any fund established under the Community Senior |
Services and Resources Act; or (iii) on or after January 1, |
|
2006 (the effective date of Public Act 94-511), the Child Labor |
and Day and Temporary Labor Enforcement Fund. |
(c) This Section does not apply to the Demutualization |
Trust Fund established under the Uniform Disposition of |
Unclaimed Property Act.
|
(d) This Section does not apply to moneys set aside in the |
Illinois State Podiatric Disciplinary Fund for podiatric |
scholarships and residency programs under the Podiatric |
Scholarship and Residency Act. |
(e) Subsection (a) does not apply to, and no transfer may |
be made under this Section from, the Pension Stabilization |
Fund.
|
(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, |
eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; |
93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. |
1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. |
1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, |
eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; |
94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. |
5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, |
eff. 6-6-06; revised 6-19-06.)
|
Section 40. The Nurse Educator Assistance Act is amended by |
changing Section 5-15 as follows: |
(110 ILCS 967/5-15)
|
|
Sec. 5-15. Definitions. In this Act: |
"Approved program of professional nursing education" and |
"approved program of practical nursing education" mean |
programs of professional or practical nursing, respectively, |
approved by the Department of Financial and Professional |
Regulation under the provisions of the Nurse Practice Act
|
Nursing and Advanced Practice Nursing Act . |
"Commission" means the Illinois Student Assistance |
Commission.
|
(Source: P.A. 94-1020, eff. 7-11-06.) |
Section 45. The Nursing Education Scholarship Law is |
amended by changing Section 3 as follows:
|
(110 ILCS 975/3) (from Ch. 144, par. 2753)
|
Sec. 3. Definitions.
|
The following terms, whenever used or referred to, have the |
following
meanings except where the context clearly indicates |
otherwise:
|
(1) "Board" means the Board of Higher Education created by |
the Board
of Higher Education Act.
|
(2) "Department" means the Illinois Department of Public |
Health.
|
(3) "Approved institution" means a public community |
college, private
junior college, hospital-based diploma in |
nursing
program, or public or private
college or university |
|
located in this State that has approval by the Department of |
Professional
Regulation for an associate degree in nursing
|
program,
associate degree in applied
sciences in nursing |
program, hospital-based diploma in nursing
program,
|
baccalaureate degree in nursing program, graduate degree in |
nursing program, or
certificate in practical
nursing program.
|
(4) "Baccalaureate degree in nursing program" means a |
program offered by
an
approved institution and leading to a |
bachelor of science degree in nursing.
|
(5) "Enrollment" means the establishment and maintenance |
of an
individual's status as a student in an approved |
institution, regardless of
the terms used at the institution to |
describe such status.
|
(6) "Academic year" means the period of time from September |
1 of one
year through August 31 of the next year or as |
otherwise defined by the
academic institution.
|
(7) "Associate degree in nursing program or hospital-based |
diploma in
nursing program" means a program
offered by an |
approved institution and leading to an associate
degree in
|
nursing, associate degree in applied sciences in nursing, or
|
hospital-based diploma in nursing.
|
(8) "Graduate degree in nursing program" means a program |
offered by an approved institution and leading to a master of |
science degree in nursing or a doctorate of philosophy or |
doctorate of nursing degree in nursing.
|
(9) "Director" means the Director of the Illinois |
|
Department of Public
Health.
|
(10) "Accepted for admission" means a student has completed |
the
requirements for entry into an associate degree in nursing |
program,
associate degree in applied sciences in nursing |
program, hospital-based
diploma in nursing program,
|
baccalaureate degree in nursing program, graduate degree in |
nursing program, or
certificate in practical nursing program at |
an approved institution, as
documented by the
institution.
|
(11) "Fees" means those mandatory charges, in addition to |
tuition, that
all enrolled students must pay, including |
required course or lab fees.
|
(12) "Full-time student" means a student enrolled for at |
least 12 hours
per
term or as otherwise determined by the |
academic institution.
|
(13) "Law" means the Nursing Education Scholarship Law.
|
(14) "Nursing employment obligation" means employment in |
this State as a
registered
professional
nurse or licensed |
practical nurse in direct patient care
or as a nurse educator |
in the case of a graduate degree in nursing program recipient |
for at least one year for each year of scholarship assistance |
received through
the Nursing
Education Scholarship Program.
|
(15) "Part-time student" means a person who is enrolled for |
at least
one-third of the number of hours required per term by |
a school for its
full-time students.
|
(16) "Practical nursing program" means a program offered by |
an approved
institution leading to a certificate in practical |
|
nursing.
|
(17) "Registered professional nurse" means a
person who is |
currently licensed as a registered professional nurse
by the |
Department of Professional
Regulation under the Nurse Practice |
Act
Nursing and Advanced Practice Nursing Act .
|
(18) "Licensed practical nurse" means a
person who is |
currently licensed as a licensed practical nurse
by the |
Department of Professional
Regulation under the Nurse Practice |
Act
Nursing and Advanced Practice Nursing Act .
|
(19) "School term" means an academic term, such as a |
semester, quarter,
trimester, or number of clock hours, as |
defined by an approved institution.
|
(20) "Student in good standing" means a student maintaining |
a cumulative
grade point average equivalent to at least the |
academic grade of a "C".
|
(21) "Total and permanent disability" means a physical or |
mental impairment,
disease, or loss of a permanent nature that |
prevents nursing employment with or
without reasonable |
accommodation. Proof of disability shall be a declaration
from |
the social security administration, Illinois Workers' |
Compensation Commission,
Department of Defense, or an insurer |
authorized to transact business in
Illinois who is providing |
disability insurance coverage to a contractor.
|
(22) "Tuition" means the established charges of an |
institution of higher
learning for instruction at that |
institution.
|
|
(23) "Nurse educator" means a person who is currently |
licensed as a registered nurse by the Department of |
Professional Regulation under the Nurse Practice Act
Nursing |
and Advanced Practice Nursing Act , who has a graduate degree in |
nursing, and who is employed by an approved academic |
institution to educate registered nursing students, licensed |
practical nursing students, and registered nurses pursuing |
graduate degrees.
|
(Source: P.A. 92-43, eff. 1-1-02; 93-721, eff. 1-1-05; 93-879, |
eff. 1-1-05; revised 10-25-04.)
|
Section 50. The Academic Degree Act is amended by changing |
Section 11 as follows:
|
(110 ILCS 1010/11) (from Ch. 144, par. 241)
|
Sec. 11. Exemptions. This Act shall not apply to any school |
or
educational institution regulated or approved under the |
Nurse Practice Act
Nursing
and Advanced Practice Nursing Act .
|
This Act shall not apply to any of the following:
|
(a) in-training programs by corporations or other business |
organizations
for the training of their personnel;
|
(b) education or other improvement programs by business, |
trade and
similar organizations and associations for the |
benefit of their members
only; or
|
(c) apprentice or other training programs by labor unions.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
|
Section 55. The Ambulatory Surgical Treatment Center Act is |
amended by changing Section 6.5 as follows:
|
(210 ILCS 5/6.5)
|
Sec. 6.5. Clinical privileges; advanced practice nurses. |
All ambulatory surgical treatment centers (ASTC) licensed |
under this Act
shall
comply with the following requirements:
|
(1) No ASTC policy, rule, regulation, or practice shall be |
inconsistent
with the provision of adequate collaboration and |
consultation , including medical direction of
licensed
advanced |
practice nurses, in accordance with Section 54.5 of the Medical
|
Practice Act of 1987.
|
(2) Operative surgical procedures shall be performed only |
by a physician
licensed to
practice medicine in
all its |
branches under the Medical Practice Act of 1987, a dentist
|
licensed under the
Illinois Dental Practice Act, or a |
podiatrist licensed under the Podiatric
Medical Practice Act of |
1987,
with medical staff membership and surgical clinical |
privileges granted by the
consulting
committee of the ASTC. A |
licensed physician, dentist, or podiatrist may
be assisted by
a |
physician licensed to practice medicine in all its branches, |
dentist, dental
assistant,
podiatrist, licensed
advanced |
practice nurse, licensed physician assistant, licensed
|
registered nurse, licensed practical nurse,
surgical
|
assistant, surgical technician, or other individuals granted |
|
clinical
privileges to assist in surgery
by the consulting |
committee of the ASTC.
Payment for services rendered by an |
assistant in surgery who is not an
ambulatory surgical |
treatment center employee shall be paid
at the appropriate |
non-physician modifier
rate if the payor would have made |
payment had the same services been provided
by a physician.
|
(2.5) A registered nurse licensed under the Nurse Practice |
Act
Nursing and Advanced Practice Nursing Act and qualified by |
training and experience in operating room nursing shall be |
present in the operating room and function as the circulating |
nurse during all invasive or operative procedures. For purposes |
of this paragraph (2.5), "circulating nurse" means a registered |
nurse who is responsible for coordinating all nursing care, |
patient safety needs, and the needs of the surgical team in the |
operating room during an invasive or operative procedure.
|
(3) An advanced practice nurse is not required to possess |
prescriptive authority or a written collaborative agreement |
meeting the requirements of the Nurse Practice Act to provide |
advanced practice nursing services in an ambulatory surgical |
treatment center. An advanced practice nurse must possess |
clinical privileges granted by the consulting medical staff |
committee and ambulatory surgical treatment center in order to |
provide services. Individual advanced practice nurses may also |
be granted clinical privileges to order, select, and administer |
medications, including controlled substances, to provide |
delineated care. The attending physician must determine the |
|
advance practice nurse's role in providing care for his or her |
patients, except as otherwise provided in the consulting staff |
policies. The consulting medical staff committee shall |
periodically review the services of advanced practice nurses |
granted privileges.
|
(4)
(3) The anesthesia service shall be under the direction |
of a physician
licensed to practice
medicine in all its |
branches who has had specialized preparation or experience
in |
the area
or who has completed a residency in anesthesiology. An |
anesthesiologist, Board
certified or
Board eligible, is |
recommended. Anesthesia services may
only be
administered |
pursuant to the order of a physician licensed to practice |
medicine
in all its
branches, licensed dentist, or licensed |
podiatrist.
|
(A) The individuals who, with clinical privileges |
granted by the medical
staff and ASTC, may
administer |
anesthesia services are limited to the
following:
|
(i) an anesthesiologist; or
|
(ii) a physician licensed to practice medicine in |
all its branches; or
|
(iii) a dentist with authority to administer |
anesthesia under Section
8.1 of the
Illinois Dental |
Practice Act; or
|
(iv) a licensed certified registered nurse |
anesthetist.
|
(B) For anesthesia services, an anesthesiologist
shall
|
|
participate through discussion of and agreement with the |
anesthesia plan and
shall remain physically present and be
|
available on
the premises during the delivery of anesthesia |
services for
diagnosis, consultation, and treatment of |
emergency medical
conditions.
In the absence of 24-hour |
availability of anesthesiologists with clinical
|
privileges, an alternate policy (requiring
participation, |
presence,
and availability of a
physician licensed to |
practice medicine in all its
branches) shall be
developed |
by the medical staff consulting committee in consultation |
with the
anesthesia service and included in the medical
|
staff
consulting committee policies.
|
(C) A certified registered nurse anesthetist is not |
required to possess
prescriptive authority or a written |
collaborative agreement meeting the
requirements of |
Section 65-35 of the Nurse Practice Act
15-15 of the |
Nursing and Advanced Practice Nursing Act
to provide |
anesthesia services
ordered by a licensed physician, |
dentist, or podiatrist. Licensed certified
registered |
nurse anesthetists are authorized to
select, order, and
|
administer drugs and apply the appropriate medical devices |
in the provision of
anesthesia
services under the |
anesthesia plan agreed with by the
anesthesiologist or, in |
the absence of an available anesthesiologist with
clinical |
privileges,
agreed with by the
operating physician, |
operating dentist, or operating podiatrist in accordance
|
|
with the medical
staff consulting committee policies of a |
licensed ambulatory surgical treatment
center.
|
(Source: P.A. 93-352, eff. 1-1-04; 94-915, eff. 1-1-07.)
|
Section 60. The Illinois Clinical Laboratory and Blood Bank |
Act is amended by changing Section 7-101 as follows:
|
(210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
|
Sec. 7-101. Examination of specimens. A clinical |
laboratory shall examine
specimens only at the request of (i) a |
licensed physician, (ii) a
licensed dentist, (iii) a licensed |
podiatrist, (iv) a therapeutic
optometrist for diagnostic or |
therapeutic purposes related to the use of
diagnostic topical |
or therapeutic ocular pharmaceutical agents, as defined in
|
subsections (c) and (d) of Section 15.1 of the Illinois |
Optometric Practice Act
of 1987,
(v) a licensed
physician |
assistant in
accordance with the written guidelines required |
under subdivision (3) of
Section 4 and under Section 7.5 of the |
Physician Assistant Practice Act of
1987,
(v-A) an advanced |
practice nurse in accordance with the
written collaborative |
agreement required under Section 65-35 of the Nurse Practice |
Act
15-15 of the Nursing and Advanced Practice Nursing Act ,
or
|
(vi) an authorized law enforcement agency or, in the case of |
blood
alcohol, at the request of the individual for whom the |
test is to be performed
in compliance with Sections 11-501 and |
11-501.1 of the Illinois Vehicle Code.
If the request to a |
|
laboratory is oral, the physician or other authorized
person |
shall submit a written request to the laboratory within 48 |
hours. If
the laboratory does not receive the written request |
within that period, it
shall note that fact in its records. For |
purposes of this Section, a request
made by electronic mail or |
fax constitutes a written request.
|
(Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;
|
90-655, eff. 7-30-98; 90-666, eff. 7-30-98; 90-742, eff. |
8-13-98;
91-357, eff. 7-29-99.)
|
Section 65. The Life Care Facilities Act is amended by |
changing Section 2 as follows:
|
(210 ILCS 40/2) (from Ch. 111 1/2, par. 4160-2)
|
Sec. 2. As used in this Act, unless the context otherwise |
requires:
|
(a) "Department" means the Department of Public Health.
|
(b) "Director" means the Director of the Department.
|
(c) "Life care contract" means a contract to provide to a |
person for the
duration of such person's life or for a term in |
excess of one year, nursing
services, medical services or |
personal care services, in addition to
maintenance
services for |
such person in a facility, conditioned upon the transfer of
an |
entrance fee to the provider of such services in addition to or |
in lieu
of the payment of regular periodic charges for the care |
and services involved.
|
|
(d) "Provider" means a person who provides services |
pursuant to a life care contract.
|
(e) "Resident" means a person who enters into a life care |
contract with
a provider, or who is designated in a life care |
contract to be a person provided
with maintenance and nursing, |
medical or personal care services.
|
(f) "Facility" means a place or places in which a provider |
undertakes
to provide a resident with nursing services, medical |
services or personal
care services, in addition to maintenance |
services for a term in excess of
one year or for life pursuant |
to a life care contract. The term also
means a place or places |
in which a provider undertakes to provide such
services to a |
non-resident.
|
(g) "Living unit" means an apartment, room or other area |
within a facility
set aside for the exclusive use of one or |
more identified residents.
|
(h) "Entrance fee" means an initial or deferred transfer to |
a provider
of a sum of money or property, made or promised to |
be made by a person entering
into a life care contract, which |
assures a resident of services pursuant
to a life care |
contract.
|
(i) "Permit" means a written authorization to enter into |
life care contracts
issued by the Department to a provider.
|
(j) "Medical services" means those services pertaining to |
medical or dental
care that are performed in behalf of patients |
at the direction of a physician
licensed under the Medical |
|
Practice Act of 1987 or a dentist licensed under the
Illinois |
Dental Practice Act by such physicians or dentists, or
by a |
registered or
licensed practical nurse as defined in the Nurse |
Practice Act
Nursing and Advanced Practice
Nursing Act
or by
|
other professional and technical personnel.
|
(k) "Nursing services" means those services pertaining to |
the curative,
restorative and preventive aspects of nursing |
care that are performed at
the direction of a physician |
licensed under the Medical Practice Act of 1987 by
or under the |
supervision of a registered or licensed practical nurse as
|
defined in the Nurse Practice Act
Nursing and Advanced Practice |
Nursing Act .
|
(l) "Personal care services" means assistance with meals, |
dressing,
movement,
bathing or other personal needs or |
maintenance, or general supervision and
oversight of the |
physical and mental well-being of an individual, who is
|
incapable of maintaining a private, independent residence or |
who is incapable
of managing his person whether or not a |
guardian has been appointed for
such individual.
|
(m) "Maintenance services" means food, shelter and laundry |
services.
|
(n) "Certificates of Need" means those permits issued |
pursuant to the
Illinois Health Facilities Planning Act as now |
or hereafter amended.
|
(o) "Non-resident" means a person admitted to a facility |
who has not
entered into a life care contract.
|
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
Section 70. The Nursing Home Care Act is amended by |
changing Section 1-118 as follows:
|
(210 ILCS 45/1-118) (from Ch. 111 1/2, par. 4151-118)
|
Sec. 1-118. "Nurse" means a registered nurse or a licensed |
practical nurse
as defined in the Nurse Practice Act
Nursing |
and Advanced Practice Nursing Act .
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
Section 75. The Emergency Medical Services (EMS) Systems |
Act is amended by changing Section 3.80 as follows:
|
(210 ILCS 50/3.80)
|
Sec. 3.80. Pre-Hospital RN and Emergency Communications |
Registered Nurse.
|
(a) Emergency Communications Registered Nurse or
"ECRN" |
means a registered professional nurse , licensed under
the Nurse |
Practice Act
Nursing and Advanced Practice Nursing Act who
has
|
successfully completed supplemental education in accordance
|
with rules adopted by the Department, and who is approved by
an |
EMS Medical Director to monitor telecommunications from
and |
give voice orders to EMS System personnel, under the
authority |
of the EMS Medical Director and in accordance with
System |
protocols.
|
|
Upon the effective date of this amendatory Act of 1995, all
|
existing Registered Professional Nurse/MICNs shall be
|
considered ECRNs.
|
(b) "Pre-Hospital Registered Nurse" or
"Pre-Hospital RN" |
means a registered professional nurse , licensed under
the Nurse |
Practice Act
Nursing and Advanced Practice Nursing Act who has
|
successfully completed supplemental education in accordance
|
with rules adopted by the Department pursuant to this Act,
and |
who is approved by an EMS Medical Director to practice
within |
an EMS System as emergency medical services personnel
for |
pre-hospital and inter-hospital emergency care and
|
non-emergency medical transports.
|
Upon the effective date of this amendatory Act of 1995, all
|
existing Registered Professional Nurse/Field RNs shall be
|
considered Pre-Hospital RNs.
|
(c) The Department shall have the authority and
|
responsibility to:
|
(1) Prescribe education and continuing education
|
requirements for Pre-Hospital RN and ECRN candidates |
through
rules adopted pursuant to this Act:
|
(A) Education for Pre-Hospital RN shall
include |
extrication, telecommunications, and pre-hospital
|
cardiac and trauma care;
|
(B) Education for ECRN shall include
|
telecommunications, System standing medical orders and |
the
procedures and protocols established by the EMS |
|
Medical
Director;
|
(C) A Pre-Hospital RN candidate who is
fulfilling |
clinical training and in-field supervised
experience |
requirements may perform prescribed procedures
under |
the direct supervision of a physician licensed to
|
practice medicine in all of its branches, a qualified
|
registered professional nurse or a qualified EMT, only |
when
authorized by the EMS Medical Director;
|
(D) An EMS Medical Director may impose in-field |
supervised field
experience requirements on System
|
ECRNs as part of their training or continuing |
education, in
which they perform prescribed procedures |
under the direct
supervision of a physician licensed to |
practice medicine in
all of its branches, a qualified |
registered professional
nurse or qualified EMT, only |
when authorized by the EMS
Medical Director;
|
(2) Require EMS Medical Directors to
reapprove |
Pre-Hospital RNs and ECRNs every 4 years, based on
|
compliance with continuing education requirements |
prescribed
by the Department through rules adopted |
pursuant to this
Act;
|
(3) Allow EMS Medical Directors to grant
inactive |
status to any Pre-Hospital RN or ECRN who qualifies, based
|
on standards and procedures established by the Department |
in
rules adopted pursuant to this Act;
|
(4) Require a Pre-Hospital RN to honor Do Not
|
|
Resuscitate (DNR) orders and powers of attorney for health
|
care only in accordance with rules adopted by the |
Department
pursuant to this Act and protocols of the EMS |
System in
which he or she practices.
|
(Source: P.A. 89-177, eff. 7-19-95; 90-742, eff. 8-13-98.)
|
Section 80. The Home Health, Home Services, and Home |
Nursing Agency Licensing Act is amended by changing Section |
2.09 as follows: |
(210 ILCS 55/2.09) |
Sec. 2.09. "Home services" or "in-home services" means |
assistance with activities of daily living, housekeeping, |
personal laundry, and companionship provided to an individual |
in his or her personal residence, which are intended to enable |
that individual to remain safely and comfortably in his or her |
own personal residence. "Home services" or "in-home services" |
does not include services that would be required to be |
performed by an individual licensed under the Nurse Practice |
Act
Nursing and Advanced Practice Nursing Act .
|
(Source: P.A. 94-379, eff. 1-1-06.) |
Section 85. The Home Health, Home Services, and Home |
Nursing Agency Licensing Act is amended by changing Section 6.3 |
as follows: |
|
(210 ILCS 55/6.3) |
Sec. 6.3. Home services agencies; standards; fees. |
(a) Before January 1, 2008, the Department shall adopt |
standards for the licensure and operation of home services |
agencies operated in this State. The structure of the standards |
shall be based on the concept of home services and its focus on |
assistance with activities of daily living, housekeeping, |
personal laundry, and companionship being provided to an |
individual intended to enable that individual to remain safely |
and comfortably in his or her own personal residence. As home |
services do not include services that would be required to be |
performed by an individual licensed under the Nurse Practice |
Act
Nursing and Advanced Practice Nursing Act , the standards |
shall be developed from a similar concept. After consideration |
and recommendations by the Home Health and Home Services |
Advisory Committee, the Department shall adopt such rules and |
regulations as are necessary for the proper regulation of home |
services agencies. Requirements for licensure as a home |
services agency shall include the following: |
(1) Compliance with the requirements of the Health Care |
Worker Background Check Act. |
(2) Notification, in a form and manner established by |
the Department by rule, to home services workers and |
consumers as to the party or parties responsible under |
State and federal laws for payment of employment taxes, |
social security taxes, and workers' compensation, |
|
liability, the day-to-day supervision of workers, and the |
hiring, firing, and discipline of workers with the |
placement arrangement for home services. |
(3) Compliance with rules, as adopted by the |
Department, in regard to (i) reporting by the licensee of |
any known or suspected incidences of abuse, neglect, or |
financial exploitation of an eligible adult, as defined in |
the Elder Abuse and Neglect Act, by a home services worker |
employed by or placed by the licensee or (ii) reports to a |
law enforcement agency in connection with any other |
individual protected under the laws of the State of |
Illinois. |
(4) Compliance with rules, as adopted by the |
Department, addressing the health, safety, and well-being |
of clients receiving home services. |
(b) The Department may establish fees for home services |
agency licensure in rules in a manner that will make the |
program self-supporting. The amount of the licensure fees shall |
be based on the funding required for operation of the licensure |
program.
|
(Source: P.A. 94-379, eff. 1-1-06.) |
Section 90. The End Stage Renal Disease Facility Act is |
amended by changing Section 5 as follows:
|
(210 ILCS 62/5)
|
|
Sec. 5. Definitions. As used in this Act:
|
"Committee" means the End Stage Renal Disease Advisory |
Committee.
|
"Department" means the Department of Public Health.
|
"Dialysis" means a process by which dissolved substances |
are removed from a
patient's body by diffusion from one fluid
|
compartment to another across a semipermeable membrane.
|
"Dialysis technician" means an individual who is not a |
registered nurse or
physician and who provides dialysis care |
under
the supervision of a registered nurse or physician.
|
"Director" means the Director of Public Health.
|
"End stage renal disease" means that stage of renal |
impairment that appears
irreversible and permanent and that |
requires
a regular course of dialysis or kidney transplantation |
to maintain life.
|
"End stage renal disease facility" or "ESRDF" means a |
facility that provides
dialysis treatment or dialysis training |
to
individuals with end stage renal disease.
|
"Licensee" means an individual or entity licensed by the |
Department to
operate an end stage renal disease facility.
|
"Nurse" means an individual who is licensed to practice |
nursing under the
Nurse Practice Act
Nursing and Advanced |
Practice Nursing Act .
|
"Patient" means any individual receiving treatment from an |
end stage renal
disease facility.
|
"Person" means any individual, firm, partnership, |
|
corporation, company,
association, or other legal entity.
|
"Physician" means an individual who is licensed to practice |
medicine in all
of its branches under the Medical Practice Act |
of 1987.
|
(Source: P.A. 92-794, eff. 7-1-03.)
|
Section 95. The Hospital Licensing Act is amended by |
changing Sections 10, 10.7, and 10.9 as follows:
|
(210 ILCS 85/10) (from Ch. 111 1/2, par. 151)
|
Sec. 10. Board creation; Department rules.
|
(a) The Governor shall appoint a Hospital Licensing Board |
composed
of 14 persons, which shall advise and consult with the |
Director
in the administration of this Act. The Secretary of |
Human Services (or his
or her designee) shall serve on the |
Board, along with one additional
representative of the |
Department of Human Services to be designated by the
Secretary. |
Four appointive members shall represent
the general public and |
2 of these shall be members of hospital governing
boards; one |
appointive member shall be a registered professional nurse or
|
advanced practice , nurse as
defined in the Nurse Practice Act
|
Nursing and Advanced Practice Nursing Act , who is employed in a
|
hospital; 3 appointive
members shall be hospital |
administrators actively engaged in the supervision
or |
administration of hospitals; 2 appointive members shall be |
practicing
physicians, licensed in Illinois to practice |
|
medicine in all of its
branches; and one appointive member |
shall be a physician licensed to practice
podiatric medicine |
under the Podiatric Medical Practice Act of 1987;
and one |
appointive member shall be a
dentist licensed to practice |
dentistry under
the Illinois Dental Practice Act. In making |
Board appointments, the Governor shall give
consideration to |
recommendations made through the Director by professional
|
organizations concerned with hospital administration for the |
hospital
administrative and governing board appointments, |
registered professional
nurse organizations for the registered |
professional nurse appointment,
professional medical |
organizations for the physician appointments, and
professional |
dental organizations for the dentist appointment.
|
(b) Each appointive member shall hold office for a term of |
3 years,
except that any member appointed to fill a vacancy |
occurring prior to the
expiration of the term for which his |
predecessor was appointed shall be
appointed for the remainder |
of such term and the terms of office of the
members first |
taking office shall expire, as designated at the time of
|
appointment, 2 at the end of the first year, 2 at the end of the |
second
year, and 3 at the end of the third year, after the date |
of appointment.
The initial terms of office of the 2 additional |
members representing the
general public provided for in this |
Section shall expire at the end of the
third year after the |
date of appointment. The term of office of each
original |
appointee shall commence July 1, 1953; the term of office of |
|
the
original registered professional nurse appointee shall |
commence July 1,
1969; the term of office of the original |
licensed podiatrist appointee shall
commence July 1, 1981; the |
term of office of the original dentist
appointee shall commence |
July 1, 1987; and the term of office of each
successor shall |
commence on July 1 of
the year in which his predecessor's term |
expires. Board members, while
serving on business of the Board, |
shall receive actual and necessary travel
and subsistence |
expenses while so serving away from their places of
residence. |
The Board shall meet as frequently as the Director deems
|
necessary, but not less than once a year. Upon request of 5 or |
more
members, the Director shall call a meeting of the Board.
|
(c) The Director shall prescribe rules, regulations, |
standards, and
statements of policy needed to implement, |
interpret, or make specific the
provisions and purposes of this |
Act. The Department shall adopt rules which
set forth standards |
for determining when the public interest, safety
or welfare |
requires emergency action in relation to termination of a |
research
program or experimental procedure conducted by a |
hospital licensed under
this Act. No rule, regulation, or |
standard shall
be adopted by the Department concerning the |
operation of hospitals licensed
under this Act which has not |
had prior approval of the Hospital Licensing
Board, nor shall |
the Department adopt any rule, regulation or standard
relating |
to the establishment of a hospital without consultation with |
the
Hospital Licensing Board.
|
|
(d) Within one year after the effective date of this |
amendatory Act
of 1984, all hospitals licensed under this Act |
and providing perinatal care
shall comply with standards of |
perinatal care promulgated by the Department.
The Director |
shall promulgate rules or regulations under this Act which
are |
consistent with "An Act relating to the prevention of |
developmental
disabilities", approved September 6, 1973, as |
amended.
|
(Source: P.A. 89-507, eff. 7-1-97; 90-742, eff. 8-13-98.)
|
(210 ILCS 85/10.7)
|
Sec. 10.7. Clinical privileges; advanced practice nurses.
|
All hospitals licensed under this Act shall comply with the |
following
requirements:
|
(1) No hospital policy, rule, regulation, or practice
shall |
be inconsistent
with the provision of adequate collaboration |
and consultation , including medical direction of
licensed |
advanced practice nurses, in accordance with Section 54.5 of |
the
Medical Practice Act of 1987.
|
(2) Operative surgical procedures shall be performed only |
by a physician
licensed to practice medicine in all its |
branches under the Medical Practice
Act of 1987, a dentist |
licensed under the Illinois Dental Practice Act, or a
|
podiatrist licensed under the Podiatric Medical Practice Act of |
1987,
with medical staff membership and surgical clinical |
privileges granted at the
hospital. A licensed physician, |
|
dentist, or podiatrist may be assisted by a
physician licensed |
to practice medicine in all its branches, dentist, dental
|
assistant, podiatrist, licensed advanced practice nurse, |
licensed physician
assistant, licensed registered
nurse, |
licensed practical nurse, surgical
assistant, surgical |
technician, or other individuals granted clinical
privileges |
to assist in surgery
at the hospital.
Payment for services |
rendered by an assistant in surgery who is not a
hospital |
employee shall be paid
at the appropriate non-physician |
modifier rate if the payor would have
made payment had the same |
services been provided by a physician.
|
(2.5) A registered nurse licensed under the Nurse Practice |
Act
Nursing and Advanced Practice Nursing Act and qualified by |
training and experience in operating room nursing shall be |
present in the operating room and function as the circulating |
nurse during all invasive or operative procedures. For purposes |
of this paragraph (2.5), "circulating nurse" means a registered |
nurse who is responsible for coordinating all nursing care, |
patient safety needs, and the needs of the surgical team in the |
operating room during an invasive or operative procedure.
|
(3) An advanced practice nurse is not required to possess |
prescriptive authority or a written collaborative agreement |
meeting the requirements of the Nurse Practice Act to provide |
advanced practice nursing services in a hospital. An advanced |
practice nurse must possess clinical privileges recommended by |
the medical staff and granted by the hospital in order to |
|
provide services. Individual advanced practice nurses may also |
be granted clinical privileges to order, select, and administer |
medications, including controlled substances, to provide |
delineated care. The attending physician must determine the |
advance practice nurse's role in providing care for his or her |
patients, except as otherwise provided in medical staff bylaws. |
The medical staff shall periodically review the services of |
advanced practice nurses granted privileges. This review shall |
be conducted in accordance with item (2) of subsection (a) of |
Section 10.8 of this Act for advanced practice nurses employed |
by the hospital.
|
(4)
(3) The anesthesia service shall be under the direction |
of a physician
licensed to practice
medicine in all its |
branches who has had specialized preparation or
experience in |
the area
or who has completed a residency in anesthesiology. An |
anesthesiologist, Board
certified or Board eligible, is |
recommended. Anesthesia services may
only be administered |
pursuant to the order of a physician licensed to practice
|
medicine in all its branches, licensed dentist, or licensed |
podiatrist.
|
(A) The individuals who, with clinical privileges |
granted at the hospital,
may administer anesthesia |
services are limited
to the following:
|
(i) an anesthesiologist; or
|
(ii) a physician licensed to practice medicine in |
all its branches; or
|
|
(iii) a dentist with authority to administer |
anesthesia under Section
8.1 of
the Illinois Dental |
Practice Act; or
|
(iv) a licensed certified registered nurse |
anesthetist.
|
(B) For anesthesia services, an anesthesiologist
shall
|
participate through discussion of and agreement with the |
anesthesia plan and
shall remain physically present and be
|
available on
the premises during the delivery of anesthesia |
services for
diagnosis, consultation, and treatment of |
emergency medical conditions.
In the absence
of 24-hour |
availability of
anesthesiologists with medical staff |
privileges,
an alternate
policy (requiring participation, |
presence, and availability of a physician
licensed to |
practice
medicine in all its branches) shall be developed |
by the medical staff and
licensed
hospital in consultation |
with the anesthesia service.
|
(C) A certified registered nurse anesthetist is not |
required to possess
prescriptive authority or a written |
collaborative agreement meeting
the requirements of |
Section 65-35 of the Nurse Practice Act
Section 15-15 of |
the Nursing and Advanced Practice Nursing
Act
to provide |
anesthesia services
ordered by a licensed physician, |
dentist, or podiatrist. Licensed certified
registered |
nurse anesthetists are authorized to
select, order, and
|
administer drugs and apply the appropriate medical devices |
|
in the provision of
anesthesia
services under the |
anesthesia plan agreed with by the
anesthesiologist or, in |
the absence of an available anesthesiologist with
clinical |
privileges,
agreed with by the
operating physician, |
operating dentist, or operating podiatrist in accordance
|
with the hospital's alternative policy.
|
(Source: P.A. 93-352, eff. 1-1-04; 94-915, eff. 1-1-07.)
|
(210 ILCS 85/10.9) |
Sec. 10.9. Nurse mandated overtime prohibited. |
(a) Definitions. As used in this Section: |
"Mandated overtime" means work that is required by the |
hospital in excess
of an agreed-to, predetermined work shift. |
Time spent by nurses required to be available as a condition of |
employment in specialized units, such as surgical nursing |
services, shall not be counted or considered in calculating the |
amount of time worked for the purpose of applying the |
prohibition against mandated overtime under subsection (b). |
"Nurse" means any advanced practice nurse, registered
|
professional nurse, or licensed practical nurse, as defined in
|
the Nurse Practice Act
Nursing and Advanced Practice Nursing |
Act , who receives an hourly wage and has direct responsibility |
to oversee or carry
out nursing care. For the purposes of this |
Section, "advanced practice nurse" does not include a certified |
registered nurse anesthetist who is primarily engaged in |
performing the duties of a nurse anesthetist. |
|
"Unforeseen emergent circumstance" means (i) any declared
|
national, State, or municipal disaster or other catastrophic |
event, or any implementation of a hospital's disaster plan, |
that will substantially affect or increase the need for health
|
care services or (ii) any circumstance in which patient care |
needs require specialized nursing skills through the |
completion of a procedure. An "unforeseen emergent |
circumstance" does not include situations in which the hospital |
fails to have enough nursing staff to meet the usual and |
reasonably predictable nursing needs of its patients. |
(b) Mandated overtime prohibited. No nurse may be required
|
to work mandated overtime except in the case of an unforeseen |
emergent circumstance when such overtime is required only as a
|
last resort. Such mandated overtime shall not exceed 4 hours |
beyond an agreed-to, predetermined work shift. |
(c) Off-duty period. When a nurse is mandated to work up to |
12 consecutive hours, the nurse must be allowed at least 8 |
consecutive hours of off-duty time immediately following the |
completion of a shift. |
(d) Retaliation prohibited. No hospital may discipline, |
discharge, or take any other adverse employment action against |
a nurse solely because the nurse refused to work mandated |
overtime as prohibited under subsection (b). |
(e) Violations. Any employee of a hospital that is subject
|
to this Act may file a complaint with the Department of Public |
Health regarding an alleged violation of this Section. The |
|
complaint must be filed within 45 days following the occurrence |
of the incident giving rise to the alleged violation. The |
Department must forward notification of the alleged violation |
to the hospital in question within 3 business days after the |
complaint is filed. Upon receiving a complaint of a violation |
of this Section, the Department may take any action authorized |
under Section 7 or 9 of this Act. |
(f) Proof of violation. Any violation of this Section must
|
be proved by clear and convincing evidence that a nurse was |
required to work overtime against his or her will. The hospital |
may defeat the claim of a violation by presenting clear and |
convincing evidence that an unforeseen emergent circumstance, |
which required overtime work, existed at the time the employee |
was required or compelled to work.
|
(Source: P.A. 94-349, eff. 7-28-05.) |
Section 100. The Hospital Report Card Act is amended by |
changing Section 10 as follows:
|
(210 ILCS 86/10)
|
Sec. 10. Definitions. For the purpose of this Act:
|
"Average daily census" means the average number of |
inpatients
receiving
service on any given 24-hour period |
beginning at midnight in each clinical
service area of the
|
hospital.
|
"Clinical service area" means a grouping of clinical |
|
services by a generic
class of
various types or levels of |
support functions, equipment, care, or treatment
provided to
|
inpatients. Hospitals may have, but are not required to have, |
the following
categories of
service: behavioral health, |
critical care, maternal-child care,
medical-surgical, |
pediatrics,
perioperative services, and telemetry.
|
"Department" means the Department of Public Health.
|
"Direct-care nurse" and "direct-care nursing staff" |
includes any registered
nurse,
licensed practical nurse, or |
assistive nursing personnel with direct
responsibility to |
oversee or
carry out medical regimens or nursing care for one |
or more patient.
|
"Hospital" means a health care facility licensed under the |
Hospital Licensing
Act.
|
"Nursing care" means care that falls within the scope of |
practice set
forth in the
Nurse Practice Act
Nursing and |
Advanced Practice Nursing Act or is otherwise encompassed |
within
recognized
professional standards of nursing practice, |
including assessment, nursing
diagnosis, planning,
|
intervention, evaluation, and patient advocacy.
|
"Retaliate" means to discipline, discharge, suspend, |
demote,
harass, deny
employment or promotion, lay off, or take |
any other adverse action against
direct-care
nursing staff as a |
result of that nursing staff taking any action described in
|
this
Act.
|
"Skill mix" means the differences in licensing, specialty, |
|
and experiences
among direct-care nurses.
|
"Staffing levels" means the numerical nurse to patient |
ratio by licensed
nurse
classification within a nursing |
department or unit.
|
"Unit" means a functional division or area of a hospital in |
which nursing
care is
provided.
|
(Source: P.A. 93-563, eff. 1-1-04.)
|
Section 105. The Illinois Dental Practice Act is amended by |
changing Section 4 as follows:
|
(225 ILCS 25/4)
(from Ch. 111, par. 2304)
|
(Section scheduled to be repealed on January 1, 2016)
|
Sec. 4. Definitions. As used in this Act:
|
(a) "Department" means the Illinois Department of |
Professional Regulation.
|
(b) "Director" means the Director of Professional |
Regulation.
|
(c) "Board" means the Board of Dentistry established by |
Section 6 of this
Act.
|
(d) "Dentist" means a person who has received a general |
license pursuant
to paragraph (a) of Section 11 of this Act and |
who may perform any intraoral
and extraoral procedure required |
in the practice of dentistry and to whom is
reserved the |
responsibilities specified in Section 17.
|
(e) "Dental hygienist" means a person who holds a license |
|
under this Act to
perform dental services as authorized by |
Section 18.
|
(f) "Dental assistant" means an appropriately trained |
person
who, under the supervision of a dentist, provides dental |
services
as authorized by Section 17.
|
(g) "Dental laboratory" means a person, firm or corporation |
which:
|
(i) engages in making, providing, repairing or |
altering dental
prosthetic appliances and other artificial |
materials and devices which are
returned to a dentist for |
insertion into the human oral cavity or which
come in |
contact with its adjacent structures and tissues; and
|
(ii) utilizes or employs a dental technician to provide |
such services; and
|
(iii) performs such functions only for a dentist or |
dentists.
|
(h) "Supervision" means supervision of a dental hygienist |
or a dental
assistant requiring that a dentist authorize the |
procedure, remain in the
dental facility while the procedure is |
performed, and approve the work
performed by the dental |
hygienist or dental assistant before dismissal of
the patient, |
but does not mean that the dentist must be present at all
times |
in the treatment room.
|
(i) "General supervision" means supervision of a dental |
hygienist
requiring that the patient be a patient of record,
|
that the dentist
examine the patient in accordance with Section |
|
18 prior to treatment by the
dental hygienist, and that the
|
dentist authorize the procedures which
are being carried
out by |
a notation in the patient's record, but not requiring that a |
dentist
be present when the authorized
procedures are being |
performed. The
issuance of a prescription to a dental |
laboratory by a
dentist does not constitute general |
supervision.
|
(j) "Public member" means a person who is not a health |
professional.
For purposes of board membership, any person with |
a significant financial
interest in a health service or |
profession is not a public member.
|
(k) "Dentistry" means the healing art which is concerned |
with the
examination, diagnosis, treatment planning and care of |
conditions within
the human oral cavity and its adjacent |
tissues and structures, as further
specified in Section 17.
|
(l) "Branches of dentistry" means the various specialties |
of dentistry
which, for purposes of this Act, shall be limited |
to the following:
endodontics, oral and maxillofacial surgery, |
orthodontics and dentofacial
orthopedics, pediatric dentistry,
|
periodontics, prosthodontics, and oral and maxillofacial
|
radiology.
|
(m) "Specialist" means a dentist who has received a |
specialty license
pursuant to Section 11(b).
|
(n) "Dental technician" means a person who owns, operates |
or is
employed by a dental laboratory and engages in making, |
providing, repairing
or altering dental prosthetic appliances |
|
and other artificial materials and
devices which are returned |
to a dentist for insertion into the human oral
cavity or which |
come in contact with its adjacent structures and tissues.
|
(o) "Impaired dentist" or "impaired dental hygienist" |
means a dentist
or dental hygienist who is unable to practice |
with
reasonable skill and safety because of a physical or |
mental disability as
evidenced by a written determination or |
written consent based on clinical
evidence, including |
deterioration through the aging process, loss of motor
skills, |
abuse of drugs or alcohol, or a psychiatric disorder, of |
sufficient
degree to diminish the person's ability to deliver |
competent patient care.
|
(p) "Nurse" means a registered professional nurse, a |
certified registered
nurse anesthetist licensed as an advanced |
practice
nurse, or a licensed practical nurse licensed under |
the Nurse Practice Act
Nursing and
Advanced Practice Nursing |
Act .
|
(q) "Patient of record" means a patient for whom the |
patient's most recent
dentist has obtained
a
relevant medical |
and dental history and on whom the dentist has performed an
|
examination and evaluated the condition to be treated.
|
(r) "Dental emergency responder" means a dentist or dental |
hygienist who is appropriately certified in emergency medical |
response, as defined by the Department of Public Health.
|
(Source: P.A. 93-821, eff. 7-28-04; 94-409, eff. 12-31-05.)
|
|
Section 106. If and only if Senate Bill 214 of the 95th |
General Assembly becomes law, the Illinois Dental Practice Act |
is amended by changing Section 8.1 as follows:
|
(225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)
|
(Section scheduled to be repealed on January 1, 2016)
|
Sec. 8.1. Permit for the administration of anesthesia and |
sedation.
|
(a) No licensed dentist shall administer general |
anesthesia, deep sedation, or
conscious sedation without first |
applying for and obtaining a
permit for such purpose from the |
Department. The Department shall issue
such permit only after |
ascertaining that the applicant possesses the
minimum |
qualifications necessary to protect public safety. A person |
with a
dental degree who administers anesthesia, deep sedation,
|
or conscious sedation
in an
approved
hospital training program |
under the supervision of either a licensed
dentist holding such |
permit or a physician licensed to practice medicine in
all its |
branches shall not be required to obtain such permit.
|
(b) In determining the minimum permit qualifications that |
are necessary to protect public safety, the Department, by |
rule, shall: |
(1) establish the minimum educational and training |
requirements necessary for a dentist to be issued an |
appropriate permit; |
(2) establish the standards for properly equipped |
|
dental facilities (other than licensed hospitals and |
ambulatory surgical treatment centers) in which general |
anesthesia, deep sedation, or conscious sedation is |
administered, as necessary to protect public safety; |
(3) establish minimum requirements for all persons who |
assist the dentist in the administration of general |
anesthesia, deep sedation, or conscious sedation, |
including minimum training requirements for each member of |
the dental team, monitoring requirements, recordkeeping |
requirements, and emergency procedures; and |
(4) ensure that the dentist and all persons assisting |
the dentist or monitoring the administration of general |
anesthesia, deep sedation, or conscious sedation maintain |
current certification in Basic Life Support (BLS). |
(5) establish continuing education requirements in |
sedation techniques for dentists who possess a permit under |
this Section. |
When establishing requirements under this Section, the |
Department shall consider the current American Dental |
Association guidelines on sedation and general anesthesia, the |
current "Guidelines for Monitoring and Management of Pediatric |
Patients During and After Sedation for Diagnostic and |
Therapeutic Procedures" established by the American Academy of |
Pediatrics and the American Academy of Pediatric Dentistry, and |
the current parameters of care and Office Anesthesia Evaluation |
(OAE) Manual established by the American Association of Oral |
|
and Maxillofacial Surgeons. |
(c) A licensed dentist must hold an appropriate permit |
issued under this Section in order to perform dentistry while a |
nurse anesthetist administers conscious sedation, and a valid |
written collaborative
practice agreement must exist between |
the dentist and the nurse anesthetist, in accordance with the |
Nursing and Advanced Practice Nursing Act. |
A licensed dentist must hold an appropriate permit issued |
under this Section in order to perform dentistry while a nurse |
anesthetist administers deep sedation or general anesthesia, |
and a valid written collaborative
practice agreement must exist |
between the dentist and the nurse anesthetist, in accordance |
with the Nursing and Advanced Practice Nursing Act. |
For the purposes of this subsection (c), "nurse |
anesthetist" means a licensed certified registered nurse |
anesthetist who holds a license as an advanced practice nurse.
|
(Source: 95SB0214enr.)
|
Section 110. The Health Care Worker Background Check Act is |
amended by changing Section 25 as follows:
|
(225 ILCS 46/25)
|
Sec. 25. Persons ineligible to be hired by health care |
employers and long-term care facilities.
|
(a) After January 1, 1996, January 1, 1997, or the |
effective date of this amendatory Act of the 94th General |
|
Assembly, as applicable, no
health care employer shall |
knowingly hire, employ, or retain any
individual in a position |
with duties involving direct care for clients,
patients, or |
residents, and no long-term care facility shall knowingly hire, |
employ, or retain any individual in a position with duties that |
involve or may involve contact with residents or access to the |
living quarters or the financial, medical, or personal records |
of residents, who has been convicted of committing or |
attempting to
commit one or more of the offenses defined in |
Sections 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, |
9-3.2, 9-3.3, 10-1, 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-6, |
11-9.1, 11-9.5, 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.1,
|
12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, |
12-4.7, 12-7.4,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
12-19, 12-21, 12-21.6, 12-32,
12-33, 16-1, 16-1.3,
16A-3, 17-3, |
18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1,
|
24-1, 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961; |
those provided in
Section 4 of the Wrongs to Children Act; |
those provided in Section 53 of the
Criminal Jurisprudence Act; |
those defined in Section 5, 5.1, 5.2, 7, or 9 of
the Cannabis |
Control Act; those defined in the Methamphetamine Control and |
Community Protection Act; or those defined in Sections 401, |
401.1, 404, 405,
405.1, 407, or 407.1 of the Illinois |
Controlled Substances Act, unless the
applicant or employee |
obtains a waiver pursuant to Section 40.
|
(a-1) After January 1, 2004, no health care employer shall |
|
knowingly hire
any individual in a position with duties |
involving direct care for clients,
patients, or residents, and |
no long-term care facility shall knowingly hire any individual |
in a position with duties that involve or may involve contact |
with residents or access to the living quarters or the |
financial, medical, or personal records of residents, who has |
(i) been convicted of committing or attempting
to commit one or |
more of the offenses defined in Section 12-3.3, 12-4.2-5,
16-2, |
16G-15, 16G-20, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, |
24-3.2, or 24-3.3
of the Criminal Code of 1961; Section 4, 5, |
6, 8, or 17.02 of the Illinois
Credit Card and Debit Card Act; |
or Section 5.1 of the Wrongs to Children Act;
or (ii) violated |
Section 50-50 of the Nurse Practice Act
Section 10-5 of the |
Nursing and Advanced Practice Nursing Act .
|
A UCIA criminal history record check need not be redone for |
health care
employees who have been continuously employed by a |
health care employer since
January 1, 2004, but nothing in this |
Section prohibits a health care employer
from initiating a |
criminal history check for these employees.
|
A health care employer is not required to retain an |
individual in a position
with duties involving direct care for |
clients, patients, or residents, and no long-term care facility |
is required to retain an individual in a position with duties |
that involve or may involve contact with residents or access to |
the living quarters or the financial, medical, or personal |
records of residents, who has
been convicted of committing or |
|
attempting to commit one or more of
the offenses enumerated in |
this subsection.
|
(b) A health care employer shall not hire, employ, or |
retain any
individual in a position with duties involving |
direct care of clients,
patients, or residents, and no |
long-term care facility shall knowingly hire, employ, or retain |
any individual in a position with duties that involve or may |
involve contact with residents or access to the living quarters |
or the financial, medical, or personal records of residents, if |
the health care employer becomes aware that the
individual has |
been convicted in another state of committing or attempting to
|
commit an offense that has the same or similar elements as an |
offense listed in
subsection (a) or (a-1), as verified by court |
records, records from a state
agency, or an FBI criminal |
history record check. This shall not be construed to
mean that |
a health care employer has an obligation to conduct a criminal
|
history records check in other states in which an employee has |
resided.
|
(Source: P.A. 93-224, eff. 7-18-03; 94-556, eff. 9-11-05; |
94-665, eff. 1-1-06; 94-1053, eff. 7-24-06.)
|
Section 115. The Health Care Worker Self-Referral Act is |
amended by changing Section 15 as follows:
|
(225 ILCS 47/15)
|
Sec. 15. Definitions. In this Act:
|
|
(a) "Board" means the Health Facilities Planning Board.
|
(b) "Entity" means any individual, partnership, firm, |
corporation, or
other business that provides health services |
but does not include an
individual who is a health care worker |
who provides professional services
to an individual.
|
(c) "Group practice" means a group of 2 or more health care |
workers
legally organized as a partnership, professional |
corporation,
not-for-profit corporation, faculty
practice plan |
or a similar association in which:
|
(1) each health care worker who is a member or employee |
or an
independent contractor of the group provides
|
substantially the full range of services that the health |
care worker
routinely provides, including consultation, |
diagnosis, or treatment,
through the use of office space, |
facilities, equipment, or personnel of the
group;
|
(2) the services of the health care workers
are |
provided through the group, and payments received for |
health
services are treated as receipts of the group; and
|
(3) the overhead expenses and the income from the |
practice are
distributed by methods previously determined |
by the group.
|
(d) "Health care worker" means any individual licensed |
under the laws of
this State to provide health services, |
including but not limited to:
dentists licensed under the |
Illinois Dental Practice Act; dental hygienists
licensed under |
the Illinois Dental Practice Act; nurses and advanced practice
|
|
nurses licensed under the Nurse Practice Act
Nursing and |
Advanced Practice Nursing Act ;
occupational therapists |
licensed under
the
Illinois Occupational Therapy Practice Act; |
optometrists licensed under the
Illinois Optometric Practice |
Act of 1987; pharmacists licensed under the
Pharmacy Practice |
Act of 1987; physical therapists licensed under the
Illinois |
Physical Therapy Act; physicians licensed under the Medical
|
Practice Act of 1987; physician assistants licensed under the |
Physician
Assistant Practice Act of 1987; podiatrists licensed |
under the Podiatric
Medical Practice Act of 1987; clinical |
psychologists licensed under the
Clinical Psychologist |
Licensing Act; clinical social workers licensed under
the |
Clinical Social Work and Social Work Practice Act; |
speech-language
pathologists and audiologists licensed under |
the Illinois Speech-Language
Pathology and Audiology Practice |
Act; or hearing instrument
dispensers licensed
under the |
Hearing Instrument Consumer Protection Act, or any of
their |
successor Acts.
|
(e) "Health services" means health care procedures and |
services
provided by or through a health care worker.
|
(f) "Immediate family member" means a health care worker's |
spouse,
child, child's spouse, or a parent.
|
(g) "Investment interest" means an equity or debt security |
issued by an
entity, including, without limitation, shares of |
stock in a corporation,
units or other interests in a |
partnership, bonds, debentures, notes, or
other equity |
|
interests or debt instruments except that investment interest
|
for purposes of Section 20 does not include interest in a |
hospital licensed
under the laws of the State of Illinois.
|
(h) "Investor" means an individual or entity directly or |
indirectly
owning a legal or beneficial ownership or investment |
interest, (such as
through an immediate family member, trust, |
or another entity related to the investor).
|
(i) "Office practice" includes the facility or facilities |
at which a health
care worker, on an ongoing basis, provides or |
supervises the provision of
professional health services to |
individuals.
|
(j) "Referral" means any referral of a patient for health |
services,
including, without limitation:
|
(1) The forwarding of a patient by one health care |
worker to another
health care worker or to an entity |
outside the health care worker's office
practice or group |
practice that provides health services.
|
(2) The request or establishment by a health care
|
worker of a plan of care outside the health care worker's |
office practice
or group practice
that includes the |
provision of any health services.
|
(Source: P.A. 89-72, eff. 12-31-95; 90-742, eff. 8-13-98.)
|
Section 120. The Medical Practice Act of 1987 is amended by |
changing Sections 23 and 54.5 and by adding Section 8.1 as |
follows: |
|
(225 ILCS 60/8.1 new)
|
Sec. 8.1. Matters concerning advanced practice nurses. Any |
proposed rules, amendments, second notice materials and |
adopted rule or amendment materials, and policy statements |
concerning advanced practice nurses shall be presented to the |
Medical Licensing Board for review and comment. The |
recommendations of both the Board of Nursing and the Medical |
Licensing Board shall be presented to the Secretary for |
consideration in making final decisions. Whenever the Board of |
Nursing and the Medical Licensing Board disagree on a proposed |
rule or policy, the Secretary shall convene a joint meeting of |
the officers of each Board to discuss the resolution of any |
such disagreements.
|
(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
|
(Section scheduled to be repealed on December 31, 2008)
|
Sec. 23. Reports relating to professional conduct
and |
capacity. |
(A) Entities required to report.
|
(1) Health care institutions. The chief administrator
|
or executive officer of any health care institution |
licensed
by the Illinois Department of Public Health shall |
report to
the Disciplinary Board when any person's clinical |
privileges
are terminated or are restricted based on a |
final
determination, in accordance with that institution's |
|
by-laws
or rules and regulations, that a person has either |
committed
an act or acts which may directly threaten |
patient care, and not of an
administrative nature, or that |
a person may be mentally or
physically disabled in such a |
manner as to endanger patients
under that person's care. |
Such officer also shall report if
a person accepts |
voluntary termination or restriction of
clinical |
privileges in lieu of formal action based upon conduct |
related
directly to patient care and
not of an |
administrative nature, or in lieu of formal action
seeking |
to determine whether a person may be mentally or
physically |
disabled in such a manner as to endanger patients
under |
that person's care. The Medical Disciplinary Board
shall, |
by rule, provide for the reporting to it of all
instances |
in which a person, licensed under this Act, who is
impaired |
by reason of age, drug or alcohol abuse or physical
or |
mental impairment, is under supervision and, where
|
appropriate, is in a program of rehabilitation. Such
|
reports shall be strictly confidential and may be reviewed
|
and considered only by the members of the Disciplinary
|
Board, or by authorized staff as provided by rules of the
|
Disciplinary Board. Provisions shall be made for the
|
periodic report of the status of any such person not less
|
than twice annually in order that the Disciplinary Board
|
shall have current information upon which to determine the
|
status of any such person. Such initial and periodic
|
|
reports of impaired physicians shall not be considered
|
records within the meaning of The State Records Act and
|
shall be disposed of, following a determination by the
|
Disciplinary Board that such reports are no longer |
required,
in a manner and at such time as the Disciplinary |
Board shall
determine by rule. The filing of such reports |
shall be
construed as the filing of a report for purposes |
of
subsection (C) of this Section.
|
(2) Professional associations. The President or chief
|
executive officer of any association or society, of persons
|
licensed under this Act, operating within this State shall
|
report to the Disciplinary Board when the association or
|
society renders a final determination that a person has
|
committed unprofessional conduct related directly to |
patient
care or that a person may be mentally or physically |
disabled
in such a manner as to endanger patients under |
that person's
care.
|
(3) Professional liability insurers. Every insurance
|
company which offers policies of professional liability
|
insurance to persons licensed under this Act, or any other
|
entity which seeks to indemnify the professional liability
|
of a person licensed under this Act, shall report to the
|
Disciplinary Board the settlement of any claim or cause of
|
action, or final judgment rendered in any cause of action,
|
which alleged negligence in the furnishing of medical care
|
by such licensed person when such settlement or final
|
|
judgment is in favor of the plaintiff.
|
(4) State's Attorneys. The State's Attorney of each
|
county shall report to the Disciplinary Board all instances
|
in which a person licensed under this Act is convicted or
|
otherwise found guilty of the commission of any felony. The |
State's Attorney
of each county may report to the |
Disciplinary Board through a verified
complaint any |
instance in which the State's Attorney believes that a |
physician
has willfully violated the notice requirements |
of the Parental Notice of
Abortion Act of 1995.
|
(5) State agencies. All agencies, boards,
commissions, |
departments, or other instrumentalities of the
government |
of the State of Illinois shall report to the
Disciplinary |
Board any instance arising in connection with
the |
operations of such agency, including the administration
of |
any law by such agency, in which a person licensed under
|
this Act has either committed an act or acts which may be a
|
violation of this Act or which may constitute |
unprofessional
conduct related directly to patient care or |
which indicates
that a person licensed under this Act may |
be mentally or
physically disabled in such a manner as to |
endanger patients
under that person's care.
|
(B) Mandatory reporting. All reports required by items |
(34), (35), and
(36) of subsection (A) of Section 22 and by |
Section 23 shall be submitted to the Disciplinary Board in a |
timely
fashion. The reports shall be filed in writing within 60
|
|
days after a determination that a report is required under
this |
Act. All reports shall contain the following
information:
|
(1) The name, address and telephone number of the
|
person making the report.
|
(2) The name, address and telephone number of the
|
person who is the subject of the report.
|
(3) The name and date of birth of any
patient or |
patients whose treatment is a subject of the
report, if |
available, or other means of identification if such |
information is not available, identification of the |
hospital or other
healthcare facility where the care at |
issue in the report was rendered,
provided, however, no |
medical records may be
revealed.
|
(4) A brief description of the facts which gave rise
to |
the issuance of the report, including the dates of any
|
occurrences deemed to necessitate the filing of the report.
|
(5) If court action is involved, the identity of the
|
court in which the action is filed, along with the docket
|
number and date of filing of the action.
|
(6) Any further pertinent information which the
|
reporting party deems to be an aid in the evaluation of the
|
report.
|
The Disciplinary Board or Department may also exercise the |
power under Section
38 of this Act to subpoena copies of |
hospital or medical records in mandatory
report cases alleging |
death or permanent bodily injury. Appropriate
rules shall be |
|
adopted by the Department with the approval of the Disciplinary
|
Board.
|
When the Department has received written reports |
concerning incidents
required to be reported in items (34), |
(35), and (36) of subsection (A) of
Section 22, the licensee's |
failure to report the incident to the Department
under those |
items shall not be the sole grounds for disciplinary action.
|
Nothing contained in this Section shall act to in any
way, |
waive or modify the confidentiality of medical reports
and |
committee reports to the extent provided by law. Any
|
information reported or disclosed shall be kept for the
|
confidential use of the Disciplinary Board, the Medical
|
Coordinators, the Disciplinary Board's attorneys, the
medical |
investigative staff, and authorized clerical staff,
as |
provided in this Act, and shall be afforded the same
status as |
is provided information concerning medical studies
in Part 21 |
of Article VIII of the Code of Civil Procedure, except that the |
Department may disclose information and documents to a federal, |
State, or local law enforcement agency pursuant to a subpoena |
in an ongoing criminal investigation. Furthermore, information |
and documents disclosed to a federal, State, or local law |
enforcement agency may be used by that agency only for the |
investigation and prosecution of a criminal offense.
|
(C) Immunity from prosecution. Any individual or
|
organization acting in good faith, and not in a wilful and
|
wanton manner, in complying with this Act by providing any
|
|
report or other information to the Disciplinary Board or a peer |
review committee, or
assisting in the investigation or |
preparation of such
information, or by voluntarily reporting to |
the Disciplinary Board
or a peer review committee information |
regarding alleged errors or negligence by a person licensed |
under this Act, or by participating in proceedings of the
|
Disciplinary Board or a peer review committee, or by serving as |
a member of the
Disciplinary Board or a peer review committee, |
shall not, as a result of such actions,
be subject to criminal |
prosecution or civil damages.
|
(D) Indemnification. Members of the Disciplinary
Board, |
the Medical Coordinators, the Disciplinary Board's
attorneys, |
the medical investigative staff, physicians
retained under |
contract to assist and advise the medical
coordinators in the |
investigation, and authorized clerical
staff shall be |
indemnified by the State for any actions
occurring within the |
scope of services on the Disciplinary
Board, done in good faith |
and not wilful and wanton in
nature. The Attorney General shall |
defend all such actions
unless he or she determines either that |
there would be a
conflict of interest in such representation or |
that the
actions complained of were not in good faith or were |
wilful
and wanton.
|
Should the Attorney General decline representation, the
|
member shall have the right to employ counsel of his or her
|
choice, whose fees shall be provided by the State, after
|
approval by the Attorney General, unless there is a
|
|
determination by a court that the member's actions were not
in |
good faith or were wilful and wanton.
|
The member must notify the Attorney General within 7
days |
of receipt of notice of the initiation of any action
involving |
services of the Disciplinary Board. Failure to so
notify the |
Attorney General shall constitute an absolute
waiver of the |
right to a defense and indemnification.
|
The Attorney General shall determine within 7 days
after |
receiving such notice, whether he or she will
undertake to |
represent the member.
|
(E) Deliberations of Disciplinary Board. Upon the
receipt |
of any report called for by this Act, other than
those reports |
of impaired persons licensed under this Act
required pursuant |
to the rules of the Disciplinary Board,
the Disciplinary Board |
shall notify in writing, by certified
mail, the person who is |
the subject of the report. Such
notification shall be made |
within 30 days of receipt by the
Disciplinary Board of the |
report.
|
The notification shall include a written notice setting
|
forth the person's right to examine the report. Included in
|
such notification shall be the address at which the file is
|
maintained, the name of the custodian of the reports, and
the |
telephone number at which the custodian may be reached.
The |
person who is the subject of the report shall submit a written |
statement responding,
clarifying, adding to, or proposing the |
amending of the
report previously filed. The person who is the |
|
subject of the report shall also submit with the written |
statement any medical records related to the report. The |
statement and accompanying medical records shall become a
|
permanent part of the file and must be received by the
|
Disciplinary Board no more than
30 days after the date on
which |
the person was notified by the Disciplinary Board of the |
existence of
the
original report.
|
The Disciplinary Board shall review all reports
received by |
it, together with any supporting information and
responding |
statements submitted by persons who are the
subject of reports. |
The review by the Disciplinary Board
shall be in a timely |
manner but in no event, shall the
Disciplinary Board's initial |
review of the material
contained in each disciplinary file be |
less than 61 days nor
more than 180 days after the receipt of |
the initial report
by the Disciplinary Board.
|
When the Disciplinary Board makes its initial review of
the |
materials contained within its disciplinary files, the
|
Disciplinary Board shall, in writing, make a determination
as |
to whether there are sufficient facts to warrant further
|
investigation or action. Failure to make such determination
|
within the time provided shall be deemed to be a
determination |
that there are not sufficient facts to warrant
further |
investigation or action.
|
Should the Disciplinary Board find that there are not
|
sufficient facts to warrant further investigation, or
action, |
the report shall be accepted for filing and the
matter shall be |
|
deemed closed and so reported to the Secretary. The Secretary
|
shall then have 30 days to accept the Medical Disciplinary |
Board's decision or
request further investigation. The |
Secretary shall inform the Board in writing
of the decision to |
request further investigation, including the specific
reasons |
for the decision. The
individual or entity filing the original |
report or complaint
and the person who is the subject of the |
report or complaint
shall be notified in writing by the |
Secretary of
any final action on their report or complaint.
|
(F) Summary reports. The Disciplinary Board shall
prepare, |
on a timely basis, but in no event less than once
one
every |
other month, a summary report of final actions taken
upon |
disciplinary files maintained by the Disciplinary Board.
The |
summary reports shall be made available to the public upon |
request and payment of the fees set by the Department. This |
publication may be made available to the public on the |
Department's Internet website
sent by the Disciplinary Board
to |
every health care facility licensed by the Illinois
Department |
of Public Health, every professional association
and society of |
persons licensed under this Act functioning
on a statewide |
basis in this State, the American Medical
Association, the |
American Osteopathic Association, the
American Chiropractic |
Association, all insurers providing
professional liability |
insurance to persons licensed under
this Act in the State of |
Illinois, the Federation of State
Medical Licensing Boards, and |
the Illinois Pharmacists
Association .
|
|
(G) Any violation of this Section shall be a Class A
|
misdemeanor.
|
(H) If any such person violates the provisions of this
|
Section an action may be brought in the name of the People
of |
the State of Illinois, through the Attorney General of
the |
State of Illinois, for an order enjoining such violation
or for |
an order enforcing compliance with this Section.
Upon filing of |
a verified petition in such court, the court
may issue a |
temporary restraining order without notice or
bond and may |
preliminarily or permanently enjoin such
violation, and if it |
is established that such person has
violated or is violating |
the injunction, the court may
punish the offender for contempt |
of court. Proceedings
under this paragraph shall be in addition |
to, and not in
lieu of, all other remedies and penalties |
provided for by
this Section.
|
(Source: P.A. 94-677, eff. 8-25-05 .)
|
(225 ILCS 60/54.5)
|
(Section scheduled to be repealed on December 31, 2008)
|
Sec. 54.5. Physician delegation of authority.
|
(a) Physicians licensed to practice medicine in all its
|
branches may delegate care and treatment responsibilities to a
|
physician assistant under guidelines in accordance with the
|
requirements of the Physician Assistant Practice Act of
1987. A |
physician licensed to practice medicine in all its
branches may |
enter into supervising physician agreements with
no more than 2 |
|
physician assistants.
|
(b) A physician licensed to practice medicine in all its
|
branches in active clinical practice may collaborate with an |
advanced practice
nurse in accordance with the requirements of |
the Nurse Practice Act
Title 15 of
the Nursing and Advanced |
Practice Nursing Act . Collaboration
is for the purpose of |
providing medical consultation
direction ,
and no employment |
relationship is required. A
written collaborative agreement |
shall
conform to the requirements of Section 65-35 of the Nurse |
Practice Act
Sections 15-15 and 15-20
of the Nursing and
|
Advanced Practice Nursing Act . The written collaborative |
agreement shall
be for
services the collaborating physician |
generally provides to
his or her patients in the normal course |
of clinical medical practice.
A written collaborative |
agreement
Physician medical direction shall be adequate with |
respect to collaboration
with advanced practice nurses
|
certified nurse practitioners, certified nurse midwives, and |
clinical
nurse
specialists if all of the following apply
a |
collaborating physician :
|
(1) The agreement is written to promote the exercise of |
professional judgment by the advanced practice nurse |
commensurate with his or her education and experience. The |
agreement need not describe the exact steps that an |
advanced practice nurse must take with respect to each |
specific condition, disease, or symptom, but must specify |
those procedures that require a physician's presence as the |
|
procedures are being performed.
participates in the joint |
formulation and joint approval of orders or
guidelines with |
the advanced practice nurse and periodically reviews such
|
orders and the services
provided patients under such orders |
in accordance with accepted standards of
medical practice |
and advanced practice nursing practice;
|
(2) Practice guidelines and orders are developed and |
approved jointly by the advanced practice nurse and |
collaborating physician, as needed, based on the practice |
of the practitioners. Such guidelines and orders and the |
patient services provided thereunder are periodically |
reviewed by the collaborating physician.
is on site at |
least once a month to provide medical direction and
|
consultation; and
|
(3) The advance practice nurse provides services the |
collaborating physician generally provides to his or her |
patients in the normal course of clinical practice, except |
as set forth in subsection (b-5) of this Section. With |
respect to labor and delivery, the collaborating physician |
must provide delivery services in order to participate with |
a certified nurse midwife.
is available through |
telecommunications for consultation on medical
problems, |
complications, or emergencies or patient referral. |
(4) The collaborating physician and advanced practice |
nurse meet in person at least once a month to provide |
collaboration and consultation. |
|
(5) Methods of communication are available with the |
collaborating physician in person or through |
telecommunications for consultation, collaboration, and |
referral as needed to address patient care needs. |
(6) The agreement contains provisions detailing notice |
for termination or change of status involving a written |
collaborative agreement, except when such notice is given |
for just cause.
|
(b-5) An anesthesiologist or physician licensed to |
practice medicine in
all its branches may collaborate with a |
certified registered nurse anesthetist
in accordance with |
Section 65-35 of the Nurse Practice Act for the provision of |
anesthesia services. With respect to the provision of |
anesthesia services, the collaborating anesthesiologist or |
physician shall have training and experience in the delivery of |
anesthesia services consistent with Department rules. |
Collaboration
Section 15-25 of the Nursing and Advanced |
Practice Nursing
Act. Medical direction for a certified |
registered nurse anesthetist shall be
adequate if:
|
(1) an anesthesiologist or a physician
participates in |
the joint formulation and joint approval of orders or
|
guidelines and periodically reviews such orders and the |
services provided
patients under such orders; and
|
(2) for anesthesia services, the anesthesiologist
or |
physician participates through discussion of and agreement |
with the
anesthesia plan and is physically present and |
|
available on the premises during
the delivery of anesthesia |
services for
diagnosis, consultation, and treatment of |
emergency medical conditions.
Anesthesia services in a |
hospital shall be conducted in accordance with
Section 10.7 |
of the Hospital Licensing Act and in an ambulatory surgical
|
treatment center in accordance with Section 6.5 of the |
Ambulatory Surgical
Treatment Center Act.
|
(b-10) The anesthesiologist or operating physician must |
agree with the
anesthesia plan prior to the delivery of |
services.
|
(c) The supervising physician shall have access to the
|
medical records of all patients attended by a physician
|
assistant. The collaborating physician shall have access to
the |
medical records of all patients attended to by an
advanced |
practice nurse.
|
(d) Nothing in this Act
shall be construed to limit the |
delegation of
tasks or duties by a physician licensed to |
practice medicine
in all its branches to a licensed practical |
nurse, a registered professional
nurse, or other persons
|
personnel .
|
(e) A physician shall not be liable for the acts or
|
omissions of a physician assistant or advanced practice
nurse |
solely on the basis of having signed a
supervision agreement or |
guidelines or a collaborative
agreement, an order, a standing |
medical order, a
standing delegation order, or other order or |
guideline
authorizing a physician assistant or advanced |
|
practice
nurse to perform acts, unless the physician has
reason |
to believe the physician assistant or advanced
practice nurse |
lacked the competency to perform
the act or acts or commits |
willful and wanton misconduct.
|
(Source: P.A. 90-742, eff. 8-13-98; 91-414, eff. 8-6-99 .)
|
Section 125. The Nursing and Advanced Practice Nursing Act |
is amended by changing and renumbering Titles 5, 10, 15, 17, |
and 20 as follows: |
(225 ILCS 65/Art. 50 heading new) (was 225 ILCS 65/Tit. 5 |
heading) |
ARTICLE 50
TITLE 5 . GENERAL PROVISIONS
|
(225 ILCS 65/50-1 new)
(was 225 ILCS 65/5-1)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 50-1
5-1 . This Act
Article may be cited as the
Nurse
|
Nursing and Advanced Practice Nursing Act , and throughout this |
Article,
references to this Act shall mean
this Article .
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
(225 ILCS 65/50-5 new)
(was 225 ILCS 65/5-5)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 50-5
5-5 . Legislative purpose. The practice of |
professional
and practical nursing
in the State of Illinois is |
hereby declared to affect the public
health, safety, and |
|
welfare and to be subject to regulation and
control in the |
public interest. It is further declared to be a
matter of |
public interest and concern that the practice of nursing,
as |
defined in this Act, merit and receive the confidence of the
|
public and that only qualified persons be authorized to so |
practice
in the State of Illinois. This Act shall be liberally |
construed
to best carry out these subjects and purposes.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
(225 ILCS 65/50-10 new)
(was 225 ILCS 65/5-10)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 50-10
5-10 . Definitions. Each of the following terms, |
when used
in this Act, shall have the meaning ascribed to it in |
this Section, except
where the context clearly indicates |
otherwise:
|
(a) "Department" means the Department of Professional |
Regulation.
|
(b) "Director" means the Director of Professional
|
Regulation.
|
(c) "Board" means the Board of Nursing appointed by the
|
Director.
|
(d) "Academic year" means the customary annual schedule of |
courses at a
college, university, or approved school, |
customarily regarded as the school
year as distinguished from |
the calendar year.
|
"Advanced practice nurse" or "APN" means a person who has |
|
met the qualifications for a (i) certified nurse midwife (CNM); |
(ii) certified nurse practitioner (CNP); (iii) certified |
registered nurse anesthetist (CRNA); or (iv) clinical nurse |
specialist (CNS) and has been licensed by the Department. All |
advanced practice nurses licensed and practicing in the State |
of Illinois shall use the title APN and may use speciality |
credentials after their name.
|
(e) "Approved program of professional nursing education" |
and "approved
program of practical nursing education" are |
programs of professional or
practical nursing, respectively, |
approved by the Department under the
provisions of this Act.
|
"Board" means the Board of Nursing appointed by the |
Secretary. |
"Collaboration" means a process involving 2 or more health |
care professionals working together, each contributing one's |
respective area of expertise to provide more comprehensive |
patient care. |
"Consultation" means the process whereby an advanced |
practice nurse seeks the advice or opinion of another health |
care professional. |
"Credentialed" means the process of assessing and |
validating the qualifications of a health care professional. |
"Current nursing practice update course" means a planned |
nursing education curriculum approved by the Department |
consisting of activities that have educational objectives, |
instructional methods, content or subject matter, clinical |
|
practice, and evaluation methods, related to basic review and |
updating content and specifically planned for those nurses |
previously licensed in the United States or its territories and |
preparing for reentry into nursing practice. |
"Dentist" means a person licensed to practice dentistry |
under the Illinois Dental Practice Act. |
"Department" means the Department of Financial and |
Professional Regulation. |
"Impaired nurse" means a nurse licensed under this Act who |
is unable to practice with reasonable skill and safety because |
of a physical or mental disability as evidenced by a written |
determination or written consent based on clinical evidence, |
including loss of motor skills, abuse of drugs or alcohol, or a |
psychiatric disorder, of sufficient degree to diminish his or |
her ability to deliver competent patient care. |
"License-pending advanced practice nurse" means a |
registered professional nurse who has completed all |
requirements for licensure as an advanced practice nurse except |
the certification examination and has applied to take the next |
available certification exam and received a temporary license |
from the Department. |
"License-pending registered nurse" means a person who has |
passed the Department-approved registered nurse licensure exam |
and has applied for a license from the Department. A |
license-pending registered nurse shall use the title "RN lic |
pend" on all documentation related to nursing practice. |
|
"Physician" means a person licensed to practice medicine in |
all its branches under the Medical Practice Act of 1987. |
"Podiatrist" means a person licensed to practice podiatry |
under the Podiatric Medical Practice Act of 1987.
|
(f) "Nursing Act Coordinator" means a registered |
professional nurse
appointed by
the Director to carry out the |
administrative policies of the
Department.
|
(g) "Assistant Nursing Act Coordinator" means a registered |
professional
nurse
appointed by the Director to assist in |
carrying out the administrative
policies of the Department.
|
(h) "Registered" is the equivalent of "licensed".
|
(i) "Practical nurse" or "licensed practical nurse" means a |
person who is
licensed as a practical nurse under this Act and |
practices practical
nursing as defined in paragraph (j) of this |
Act
Section . Only a practical nurse
licensed under this Act is |
entitled to use the title "licensed practical
nurse" and the |
abbreviation "L.P.N.".
|
(j) "Practical nursing" means the performance of
nursing |
acts requiring the basic nursing knowledge, judgement, and |
skill
acquired by means of completion of an approved practical |
nursing education
program. Practical nursing includes |
assisting in the nursing process as
delegated by and under the |
direction of a registered professional nurse or an advanced |
practice nurse . The
practical nurse may work under the |
direction of a licensed physician, dentist,
podiatrist, or |
other health care professional determined by the Department.
|
|
"Privileged" means the authorization granted by the |
governing body of a healthcare facility, agency, or |
organization to provide specific patient care services within |
well-defined limits, based on qualifications reviewed in the |
credentialing process.
|
(k) "Registered Nurse" or "Registered Professional Nurse" |
means a person
who is licensed as a professional nurse under |
this Act and practices
nursing as defined in paragraph (l) of
|
this Act
Section . Only a registered
nurse licensed under this |
Act is entitled to use the
titles "registered nurse" and |
"registered professional nurse" and the
abbreviation, "R.N.".
|
(l) "Registered professional nursing practice" is a |
scientific process founded on a professional body of knowledge; |
it is a learned profession based on the understanding of the |
human condition across the life span and environment and
|
includes all
nursing
specialities and means the performance of |
any nursing act based upon
professional knowledge, judgment, |
and skills acquired by means of completion
of an approved |
registered professional nursing education program. A |
registered
professional nurse provides holistic nursing care |
emphasizing the importance of the
whole and the interdependence |
of its parts through the nursing process
to individuals, |
groups, families, or communities, that includes but is not
|
limited to: (1) the assessment of healthcare needs, nursing |
diagnosis,
planning, implementation, and nursing evaluation; |
(2) the promotion,
maintenance, and restoration of health; (3) |
|
counseling, patient education,
health education, and patient |
advocacy; (4) the administration of medications
and treatments |
as prescribed by a physician licensed to practice medicine in
|
all of its branches, a licensed dentist, a licensed podiatrist, |
or a licensed
optometrist or as prescribed by a physician |
assistant in accordance with
written guidelines required under |
the Physician Assistant Practice Act of 1987
or by an advanced |
practice nurse in accordance with Article 65 of this
a written
|
collaborative agreement required under the Nursing and
|
Advanced Practice Nursing Act; (5) the
coordination and |
management of the nursing plan of care; (6) the delegation to
|
and supervision of individuals who assist the registered |
professional nurse
implementing the plan of care; and (7) |
teaching and supervision of nursing
students. The foregoing |
shall not be deemed to include
those acts of medical diagnosis |
or prescription of therapeutic or
corrective measures that are |
properly performed only by
physicians licensed in the State of |
Illinois .
|
(m) "Current nursing practice update course" means a |
planned nursing
education curriculum approved by the |
Department consisting of activities
that have educational |
objectives,
instructional methods, content or subject matter, |
clinical practice, and
evaluation methods, related to basic |
review and updating content and
specifically planned for those |
nurses previously licensed in the United
States or its |
territories and preparing for reentry into nursing
practice.
|
|
(n) "Professional assistance program for nurses" means a |
professional
assistance program that meets criteria |
established by the Board of Nursing
and approved by the |
Secretary
Director , which provides a non-disciplinary |
treatment
approach for nurses licensed under this Act whose |
ability to practice is
compromised by alcohol or chemical |
substance addiction.
|
"Secretary" means the Secretary of Financial and |
Professional Regulation. |
"Unencumbered license" means a license issued in good |
standing. |
"Written collaborative agreement" means a written |
agreement between an advanced practice nurse and a |
collaborating physician, dentist, or podiatrist pursuant to |
Section 65-35.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98; |
90-655, eff.
7-30-98; 90-742, eff. 8-13-98.)
|
(225 ILCS 65/50-15 new)
(was 225 ILCS 65/5-15)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 50-15
5-15 . Policy; application of Act. |
(a) For the protection of life and the
promotion of health, |
and the prevention of illness and communicable diseases,
any |
person practicing or offering to practice advanced,
|
professional , or
and practical
nursing in Illinois shall submit |
evidence that he or she is qualified to
practice, and shall be |
|
licensed as provided under this Act. No person shall
practice |
or offer to practice advanced, professional , or practical |
nursing in Illinois or
use any title, sign, card or device to |
indicate that such a person is
practicing professional or |
practical nursing unless such person has been
licensed under |
the provisions of this Act.
|
(b) This Act does not prohibit the following:
|
(1)
(a) The practice of nursing in Federal employment |
in the discharge of the
employee's duties by a person who |
is employed by the United States
government or any bureau, |
division or agency thereof and is a legally
qualified and |
licensed nurse of another state or territory and not in
|
conflict with Sections 50-50, 55-10, 60-10, and 70-5
10-5, |
10-30, and 10-45 of this
Act.
|
(2)
(b) Nursing that is included in the
their program |
of study by
students
enrolled in programs of nursing or in |
current nurse practice update courses
approved by the |
Department.
|
(3)
(c) The furnishing of nursing assistance in an |
emergency.
|
(4)
(d) The practice of nursing by a nurse who holds an |
active license in
another state when providing services to |
patients in Illinois during a bonafide
emergency or in |
immediate preparation for or during interstate
transit.
|
(5)
(e) The incidental care of the sick by members of |
the family, domestic
servants or housekeepers, or care of |
|
the sick where treatment is by prayer
or spiritual means.
|
(6)
(f) Persons from being employed as unlicensed |
assistive personnel
nursing aides, attendants, orderlies,
|
and
other auxiliary workers in private homes, long term |
care facilities,
nurseries, hospitals or other |
institutions.
|
(g) The practice of practical nursing by one who has |
applied in writing to
the Department in form and substance |
satisfactory to the Department, for a
license as a licensed |
practical nurse and who has complied with all the
|
provisions under Section 10-30, except the passing of an |
examination
to be eligible to receive such license, until: |
the decision of the Department
that the applicant has |
failed to pass the next available examination
authorized by |
the Department or has failed, without an approved excuse, |
to
take the next available examination authorized by the |
Department or until the
withdrawal of the application, but |
not to exceed 3 months.
An applicant practicing practical |
nursing under this Section who passes the
examination, |
however, may continue to practice under this Section until |
such
time as he or she receives his or her license to |
practice or until the
Department notifies him or her that |
the license has been denied.
No applicant
for licensure |
practicing under
the provisions of this paragraph shall |
practice practical nursing except
under the direct |
supervision of a registered professional nurse licensed
|
|
under this Act or a licensed physician, dentist or |
podiatrist. In no
instance shall any such applicant |
practice or be
employed in any supervisory capacity.
|
(7)
(h) The practice of practical nursing by one who is |
a licensed practical
nurse under the laws of another U.S. |
jurisdiction and has applied in writing
to the Department, |
in form and substance satisfactory to the Department,
for a |
license as a licensed practical nurse and who is qualified |
to receive
such license under this Act
Section 10-30 , until |
(i)
(1) the expiration of 6 months after
the filing of such |
written application, (ii)
(2) the withdrawal of such |
application,
or (iii)
(3) the denial of such application by |
the Department.
|
(i) The practice of professional nursing by one who has |
applied in writing
to the Department in form and substance |
satisfactory to the Department for
a license as a |
registered professional nurse and has complied with all the
|
provisions under Section 10-30 except the passing of an |
examination to be
eligible to receive such license, until |
the decision of the Department
that the applicant has |
failed to pass the next available examination
authorized by |
the Department or has failed, without an approved excuse, |
to
take the next available examination authorized by the |
Department or until
the withdrawal of the application, but |
not to exceed 3 months.
An applicant practicing |
professional nursing under this Section who passes
the
|
|
examination, however, may continue to practice under this |
Section until such
time as he or she receives his or her |
license to practice or until the
Department notifies him or |
her that the license has been denied.
No applicant
for |
licensure practicing under
the provisions of this |
paragraph shall practice professional nursing except
under |
the direct supervision of a registered professional nurse |
licensed
under this Act. In no instance shall any such |
applicant practice or be
employed in any supervisory |
capacity.
|
(8) The practice of advanced practice nursing by one |
who is an advanced practice nurse under the laws of another |
state, territory of the United States, or country and has |
applied in writing to the Department, in form and substance |
satisfactory to the Department, for a license as an |
advanced practice nurse and who is qualified to receive |
such license under this Act, until (i) the expiration of 6 |
months after the filing of such written application, (ii) |
the withdrawal of such application, or (iii) the denial of |
such application by the Department.
|
(9)
(j) The practice of professional nursing by one who |
is a registered
professional nurse under the laws of |
another state, territory of the United
States or country |
and has applied in writing to the Department, in form and
|
substance satisfactory to the Department, for a license as |
a registered
professional nurse and who is qualified to |
|
receive such license under
Section 55-10
10-30 , until (1) |
the expiration of 6 months after the filing of
such written |
application, (2) the withdrawal of such application, or (3)
|
the denial of such application by the Department.
|
(10)
(k) The practice of professional nursing that is |
included in a program of
study by one who is a registered |
professional nurse under the laws of
another state or |
territory of the United States or foreign country,
|
territory or province and who is enrolled in a graduate |
nursing education
program or a program for the completion |
of a baccalaureate nursing degree in
this State, which |
includes clinical supervision by faculty as
determined by |
the educational institution offering the program and the
|
health care organization where the practice of nursing |
occurs. The
educational institution will file with the |
Department each academic term a
list of the names and |
origin of license of all professional nurses
practicing |
nursing as part of their programs under this provision.
|
(11)
(l) Any person licensed in this State under any |
other Act from engaging
in the practice for which she or he |
is licensed.
|
(12)
(m) Delegation to authorized direct care staff |
trained under Section 15.4
of the Mental Health and
|
Developmental Disabilities Administrative Act consistent |
with the policies of the Department .
|
(13) Nothing in this Act shall be construed to limit |
|
the delegation of tasks or duties by a physician, dentist, |
or podiatrist to a licensed practical nurse, a registered |
professional nurse, or other persons.
|
An applicant for license practicing under the exceptions |
set forth in
subparagraphs (g), (h), (i), and (j) of this |
Section shall use the title
R.N. Lic. Pend. or L.P.N. Lic. |
Pend. respectively and no other.
|
(Source: P.A. 93-265, eff. 7-22-03.)
|
(225 ILCS 65/50-20 new)
(was 225 ILCS 65/5-20)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 50-20
5-20 . Unlicensed practice; violation; civil |
penalty.
|
(a) Any person who practices, offers to practice, attempts |
to practice, or
holds oneself out to practice nursing without |
being licensed under this Act
shall, in
addition to any other |
penalty provided by law, pay a civil penalty to the
Department |
in an amount not to exceed $10,000
$5,000 for each offense as |
determined by
the Department. The civil penalty shall be |
assessed by the Department after a
hearing is held in |
accordance with the provisions set forth in this Act
regarding |
the provision of a hearing for the discipline of a licensee.
|
(b) The Department has the authority and power to |
investigate any and all
unlicensed activity.
|
(c) The civil penalty shall be paid within 60 days after |
the effective date
of the order imposing the civil penalty. The |
|
order shall constitute a judgment
and may be filed and |
execution had thereon in the same manner as any judgment
from |
any court of record.
|
(Source: P.A. 89-474, eff. 6-18-96; 90-742, eff. 8-13-98.)
|
(225 ILCS 65/50-25 new)
(was 225 ILCS 65/5-21)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 50-25
5-21 . No registered nurse or licensed practical |
nurse may perform
refractions and other determinations of |
visual function or eye health
diagnosis. A registered nurse or |
licensed practical nurse may participate in
these activities |
with the direct on-site supervision of an optometrist licensed
|
under the Illinois Optometric Practice Act of 1987 or a |
physician licensed to
practice medicine in all its branches |
under the Medical Practice Act of
1987.
|
(Source: P.A. 92-367, eff. 8-15-01.)
|
(225 ILCS 65/50-30 new)
(was 225 ILCS 65/5-22)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 50-30
5-22 . Social Security Number on license |
application. In addition
to any other information required to |
be contained in an
the application for licensure under this |
Act , every
application for an original, renewal, or restored |
license under this Act shall
include the applicant's Social |
Security Number.
|
(Source: P.A. 90-144, eff. 7-23-97; 90-742, eff. 8-13-98.)
|
|
(225 ILCS 65/50-35 new)
(was 225 ILCS 65/5-23)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 50-35
5-23 . Criminal history records background |
check. Each applicant for licensure by examination or |
restoration shall have his or her fingerprints submitted to the |
Department of State Police in an electronic format that |
complies with the form and manner for requesting and furnishing |
criminal history record information as prescribed by the |
Department of State Police. These fingerprints shall be checked |
against the Department of State Police and Federal Bureau of |
Investigation criminal history record databases now and |
hereafter filed. The Department of State Police shall charge |
applicants a fee for conducting the criminal history records |
check, which shall be deposited into the State Police Services |
Fund and shall not exceed the actual cost of the records check. |
The Department of State Police shall furnish, pursuant to |
positive identification, records of Illinois convictions to |
the Department. The Department may require applicants to pay a |
separate fingerprinting fee, either to the Department or to a |
vendor. The Department, in its discretion, may allow an |
applicant who does not have reasonable access to a designated |
vendor to provide his or her fingerprints in an alternative |
manner. The Department may adopt any rules necessary to |
implement this Section.
After the effective date of this
|
amendatory Act of the 91st General Assembly, the Department |
|
shall require an
applicant for initial licensure under this Act |
to submit to a criminal
background check by the Illinois State |
Police and the Federal Bureau of
Investigation as
part
of the |
qualification for licensure. If an applicant's criminal |
background
check
indicates criminal conviction, the applicant |
must further submit to a
fingerprint-based criminal background |
check.
The applicant's name, sex, race, date of birth, and |
social security number
shall be forwarded to the Illinois State |
Police to be searched against the
Illinois criminal history |
records database in the form and manner
prescribed by the |
Illinois State Police. The Illinois State Police shall
charge a |
fee for conducting the search, which shall be deposited in the |
State
Police Services Fund and shall not exceed the cost of the |
inquiry. If a search
of the Illinois criminal history records |
database indicates that
the
applicant has a conviction record, |
a fingerprint based criminal history records
check shall be |
required. Each applicant requiring a fingerprint based search
|
shall submit his or her fingerprints to the Illinois
State |
Police in the form and manner prescribed by the Illinois State |
Police.
These fingerprints shall be checked against the |
fingerprint records now and
hereafter filed
in the Illinois |
State Police and
Federal Bureau of Investigation criminal |
history records
databases. The Illinois State Police shall |
charge a fee for
conducting the criminal history records check, |
which shall be deposited in the
State Police Services Fund and |
shall not exceed the actual cost of the records
check. The |
|
Illinois State Police shall furnish, pursuant to positive
|
identification, records of Illinois convictions to the |
Department.
The Department shall adopt rules
to
implement this |
Section.
|
(Source: P.A. 92-744, eff. 7-25-02; 93-418, eff. 1-1-04.)
|
(225 ILCS 65/50-40 new)
(was 225 ILCS 65/5-25)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 50-40
5-25 . Emergency care; civil liability. |
Exemption from civil
liability for emergency care is as |
provided in the Good Samaritan Act.
|
(Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)
|
(225 ILCS 65/50-45 new)
(was 225 ILCS 65/5-30)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 50-45
5-30 . Services rendered without compensation; |
civil liability. Exemption from civil liability for services |
rendered without compensation is as
provided in the Good |
Samaritan Act.
|
(Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)
|
(225 ILCS 65/50-50 new)
(was 225 ILCS 65/10-5)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 50-50
10-5 . Prohibited acts.
|
(a) No person shall:
|
(1) Practice as an advanced practice nurse without a |
|
valid license as an advanced practice nurse, except as |
provided in Section 50-15 of this Act;
|
(2)
(a) Practice professional nursing without a valid |
license as a registered
professional nurse except as |
provided in paragraphs (i) and (j) of Section
50-15
5-15 of
|
this Act;
|
(3)
(b) Practice practical nursing without a valid |
license as a licensed
practical nurse ; or practice |
practical nursing ,
other than under the
direction of a |
licensed physician, licensed dentist, or registered
|
professional nurse; except as provided in paragraphs (g), |
(h), and (j) of
Section 50-15
5-15 of this Act;
|
(4)
(c) Practice nursing under cover of any diploma, |
license, or record
illegally or fraudulently obtained or |
signed or issued unlawfully or under
fraudulent |
representation;
|
(5)
(d) Practice nursing during the time her or his |
license is suspended,
revoked, expired or on inactive |
status;
|
(6)
(e) Use any words, abbreviations, figures, |
letters, title, sign, card, or
device tending to imply that |
she or he is a registered professional nurse,
including the |
titles or initials, "Nurse," "Registered Nurse," |
"Professional Nurse,"
"Registered Professional Nurse," |
"Certified Nurse," "Trained Nurse,"
"Graduate Nurse," |
"P.N.," or "R.N.," or "R.P.N." or similar titles or
|
|
initials with intention of indicating practice without a |
valid license as a
registered professional nurse;
|
(7) Use any words, abbreviations, figures, letters, |
titles, signs, cards, or devices tending to imply that she |
or he is an advanced practice nurse, including the titles |
or initials "Advanced Practice Nurse", "A.P.N.", or |
similar titles or initials, with the intention of |
indicating practice as an advanced practice nurse without a |
valid license as an advanced practice nurse under this Act.
|
(8)
(f) Use any words, abbreviations figures, letters, |
title, sign, card, or
device tending to imply that she or |
he is a licensed practical nurse
including the titles or |
initials "Practical Nurse," "Licensed Practical
Nurse," |
"P.N.," or "L.P.N.," or similar titles or initials with |
intention
of indicated practice as a licensed practical |
nurse without a valid license
as a licensed practical nurse |
under this Act;
|
(9)
(f-5) Advertise services regulated under this Act |
without including in
every
advertisement his or her title |
as it appears on the license or the initials
authorized |
under this Act;
|
(10)
(g) Obtain or furnish a license by or for money or |
any other thing of value
other than the fees required under |
this Act
by Section 20-35 , or by any fraudulent
|
representation or act;
|
(11)
(h) Make any wilfully false oath or affirmation |
|
required by this Act;
|
(12)
(i) Conduct a nursing education program preparing |
persons for licensure
that has not been approved by the |
Department;
|
(13)
(j) Represent that any school or course is |
approved or accredited as a
school or course for the |
education of registered professional nurses or
licensed |
practical nurses unless such school or course is approved |
by the
Department under the provisions of this Act;
|
(14)
(k) Attempt or offer to do any of the acts |
enumerated in this Section, or
knowingly aid, abet, assist |
in the doing of any such acts or in the
attempt or offer to |
do any of such acts;
|
(l) Seek employment as a registered professional nurse |
under the terms of
paragraphs (i) and (j) of Section 5-15 of |
this Act without possessing
a written
authorization which has |
been issued by the Department or designated testing
service and |
which evidences the filing of the written application referred
|
to in paragraphs (i) and (j) of Section 5-15 of
this Act;
|
(m) Seek employment as a licensed practical nurse under the |
terms of
paragraphs (g) and (h) of Section 5-15 of this Act |
without possessing
a written
authorization which has been |
issued by the Department or designated testing
service and |
which evidences the filing of the written application referred
|
to in paragraphs (g) and (h) of Section 5-15 of
this Act;
|
(15)
(n) Employ or utilize persons not licensed under |
|
this Act to practice
professional nursing or practical |
nursing; and
|
(16)
(o) Otherwise intentionally violate any provision |
of this Act.
|
(17) Retaliate against any nurse who reports unsafe, |
unethical, or illegal health care practices or conditions. |
(18) Be deemed a supervisor when delegating nursing |
activities or tasks as authorized under this Act.
|
(b) Any person, including a firm, association or |
corporation who violates any
provision of this Section shall be |
guilty of a Class A misdemeanor.
|
(Source: P.A. 90-742, eff. 8-13-98; 91-310, eff. 1-1-00.)
|
(225 ILCS 65/50-55 new)
(was 225 ILCS 65/10-10)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 50-55
10-10 . Department powers and duties.
|
(a) The Department shall exercise the powers and duties
|
prescribed by the Civil Administrative Code of Illinois for |
administration
of licensing acts and shall exercise other |
powers and duties necessary
for effectuating the purpose of |
this Act. None of the functions, powers, or
duties of the |
Department with respect to licensure and examination shall
be |
exercised by the Department except upon review by the Board.
|
The
Department shall adopt rules to implement, interpret, or |
make specific
the provisions and purposes of this Act; however |
no such rules shall
be adopted by the Department except upon |
|
review by the Board.
|
(b) The Department shall :
(1) prepare and maintain a list |
of approved programs of professional
nursing education and |
programs of practical nursing education in this
State, whose |
graduates, if they have the other necessary qualifications
|
provided in this Act, shall be eligible to apply for a license |
to practice
nursing in this State . ;
|
(2) promulgate rules defining what constitutes an |
approved program of
professional nursing education and |
what constitutes an approved program of
practical nursing |
education; and
|
(3) adopt rules for examination of candidates for |
licenses and for
issuance of licenses authorizing |
candidates upon passing an examination to
practice under |
this Act.
|
(c) The Department may act upon the recommendations of the |
Center for Nursing Advisory Board.
|
(Source: P.A. 94-1020, eff. 7-11-06.)
|
(225 ILCS 65/50-60 new)
(was 225 ILCS 65/10-15)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 50-60
10-15 . Nursing Act Coordinator ; Assistant |
Nursing Coordinator . The
Secretary
Department shall appoint
|
obtain , pursuant to the Personnel
Code, a Nursing Act
|
Coordinator and an Assistant Nursing Coordinator
assistants .
|
The Nursing Coordinator and Assistant Nursing Coordinator
|
|
assistants shall
be registered professional nurses licensed
in |
this State who have
and graduated from an approved school
|
schools of nursing and each
shall have been actively engaged in |
nursing education not less than one
year prior to appointment. |
The Nursing Act
Coordinator shall hold at least a
master's |
degree in nursing from an accredited
approved college or |
university and shall
have
at least 5 years experience since |
graduation in progressively responsible
positions in nursing |
education. Each assistant shall hold at least a
master's degree |
in nursing from an approved college or university and shall
|
have
at least 3 years experience since graduation in |
progressively responsible
positions in nursing education. The |
Nursing Act
Coordinator and assistants
shall perform such |
administrative functions as may be delegated to them
by the |
Director .
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
(225 ILCS 65/50-65 new)
(was 225 ILCS 65/10-25)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 50-65
10-25 . Board.
|
(a) The term of each member of the Board of Nursing and the |
Advanced Practice Nursing Board serving before the effective |
date of this amendatory Act of the 95th General Assembly shall |
terminate on the effective date of this amendatory Act of the |
95th General Assembly. Beginning on the effective date of this |
amendatory Act of the 95th General Assembly, the Secretary
The |
|
Director shall solicit recommendations from nursing |
organizations and appoint the Board of Nursing , which , |
beginning
January 1, 2000, shall consist of 13 members, one of |
whom shall be a practical nurse; one of whom shall be a |
practical nurse educator; one of whom shall be a registered |
professional nurse in practice; one of whom shall be an |
associate degree nurse educator; one of whom shall be a |
baccalaureate degree nurse educator; one of whom shall be a |
nurse who is actively engaged in direct care; one of whom shall |
be a registered professional nurse actively engaged in direct |
care; one of whom shall be a nursing administrator; 4 of whom |
shall be advanced practice nurses representing CNS, CNP, CNM, |
and CRNA practice; and one of whom shall be a public member who |
is not employed in and has no material interest in any health |
care field. The Board shall receive actual and necessary |
expenses incurred in the performance of their duties. |
Members of the Board of Nursing and the Advanced Practice |
Nursing Board whose terms were terminated by this amendatory |
Act of the 95th General Assembly shall be considered for |
membership positions on the Board. |
All nursing members of the Board must be (i) residents of |
this State, (ii) licensed in good standing to practice nursing |
in this State, (iii) graduates of an approved nursing program, |
with a minimum of 5 years experience in the field of nursing, |
and (iv) at the time of appointment to the Board, actively |
engaged in nursing or work related to nursing. |
|
Membership terms shall be for 3 years, except that in |
making initial appointments, the Secretary shall appoint all |
members for initial terms of 2, 3, and 4 years and these terms |
shall be staggered as follows: 3 shall be appointed for terms |
of 2 years; 4 shall be appointed for terms of 3 years; and 6 |
shall be appointed for terms of 4 years. No member shall be |
appointed to more than 2 consecutive terms. In the case of a |
vacated position, an individual may be appointed to serve the |
unexpired portion of that term; if the term is less than half |
of a full term, the individual is eligible to serve 2 full |
terms.
be
composed of 7 registered professional nurses, 2 |
licensed practical
nurses
and one public member who shall also |
be a voting member
and who is not a
licensed health care |
provider. Two registered nurses shall hold
at least
a master's |
degree in nursing and be educators in professional nursing
|
programs, one representing baccalaureate nursing education, |
one
representing associate degree nursing
education; one
|
registered nurse shall hold at least a bachelor's
degree with a |
major in nursing and be an educator in a licensed practical
|
nursing program; one registered nurse shall hold a master's |
degree in
nursing and shall represent nursing service |
administration; 2 registered
nurses shall represent clinical |
nursing practice, one of whom shall have at
least a master's |
degree in nursing; and, until January 1, 2000, 2
registered |
nurses shall
represent advanced specialty practice. Each of the |
nurses shall have had
a
minimum of 5 years experience in |
|
nursing, 3 of which shall be in
the
area they represent on the |
Board and be actively engaged in
the area of
nursing they |
represent at the time of appointment and during their tenure
on |
the Board. Members shall be appointed for a term of 3
years. No
|
member shall be eligible for appointment to more than 2 |
consecutive terms
and any appointment to fill a vacancy shall |
be for the unexpired portion of
the term. In making Board |
appointments, the Director shall
give
consideration to |
recommendations submitted by nursing organizations.
|
Consideration shall be given to equal geographic |
representation. The
Board shall receive actual and necessary |
expenses incurred in
the
performance of their duties.
|
In making the initial appointments, the Director shall |
appoint all new
members for terms of 2, 3, and 4 years and such |
terms shall be staggered as
follows: 3 shall be appointed for |
terms of 2 years; 3 shall be appointed
for terms of 3 years; |
and 3 shall be appointed for terms of 4 years.
|
The Secretary
Director may remove any member of the Board |
for
misconduct,
incapacity, or neglect of duty. The Secretary
|
Director shall reduce to writing any
causes for removal.
|
The Board shall meet annually to elect a chairperson and
|
vice
chairperson. The Board shall
may hold regularly scheduled
|
such other meetings during
the year as
may be necessary to |
conduct its business . A simple majority
Six voting members of |
the
Board shall constitute a quorum at any meeting. Any action
|
taken by
the Board must be on the affirmative vote of a simple |
|
majority of
6 members.
Voting by
proxy shall not be permitted. |
In the case of an emergency where all Board members cannot meet |
in person, the Board may convene a meeting via an electronic |
format in accordance with the Open Meetings Act.
|
The Board shall submit an annual report to the Director.
|
The members of the Board shall be immune from suit in any
|
action
based upon any disciplinary proceedings or other acts |
performed in good
faith as members of the Board.
|
(b) The Board may perform each of the following activities
|
is authorized to :
|
(1) Recommend to the Department
recommend the adoption |
and , from time to time, the revision of
such rules that may |
be necessary for the administration
to carry out the
|
provisions of this Act;
|
(2) conduct hearings and disciplinary conferences upon |
charges calling
for discipline of a licensee as provided in |
Section 10-45;
|
(3) report to the Department, upon completion of a |
hearing, the
disciplinary actions recommended to be taken |
against persons violating this
Act;
|
(2) Recommend
(4) recommend the approval, denial of |
approval, withdrawal of approval,
or discipline of nursing |
education programs;
|
(5) participate in a national organization of state |
boards of nursing; and
|
(6) recommend a list of the registered nurses to serve |
|
as Nursing Act
Coordinator and Assistant Nursing Act |
Coordinator,
respectively.
|
(c) The Board shall participate in disciplinary |
conferences and hearings and make recommendations to the |
Department regarding disciplinary action taken against a |
licensee as provided under this Act. Disciplinary conference |
hearings and proceedings regarding scope of practice issues |
shall be conducted by a Board member at the same or higher |
licensure level as the respondent. Participation in an informal |
conference shall not bar members of the Board from future |
participation or decisions relating to that matter. |
(d) With the exception of emergency rules, any proposed |
rules, amendments, second notice materials, and adopted rule or |
amendment materials or policy statements concerning advanced |
practice nurses shall be presented to the Medical Licensing |
Board for review and comment. The recommendations of both the |
Board of Nursing and the Medical Licensing Board shall be |
presented to the Secretary for consideration in making final |
decisions. Whenever the Board of Nursing and Medical Licensing |
Board disagree on a proposed rule or policy, the Secretary |
shall convene a joint meeting of the officers of each Board to |
discuss resolution of any disagreements.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98; |
91-414, eff. 8-6-99.)
|
(225 ILCS 65/50-70 new)
(was 225 ILCS 65/10-35)
|
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 50-70
10-35 . Concurrent theory and clinical practice |
education
requirements of this Act . The educational |
requirements of Sections 55-10 and 60-10 of this Act
Section |
10-30 relating to
registered professional nursing and licensed |
practical nursing
shall not be deemed to have been satisfied by |
the completion of any
correspondence course or any program of |
nursing that does not
require coordinated or concurrent theory |
and clinical practice.
The Department may, upon recommendation |
of the Board, grant an Illinois
license to those applicants who |
have received advanced graduate degrees in
nursing from an |
approved program with concurrent theory and clinical
practice |
or to those applicants who are currently licensed in another
|
state and have been actively practicing clinical nursing for a |
minimum
of 2 years.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98; |
91-43, eff. 1-1-00.)
|
(225 ILCS 65/50-75 new)
|
Sec. 50-75. Nursing delegation. |
(a) For the purposes of this Section: |
"Delegation" means transferring to an individual the |
authority to perform a selected nursing activity or task, in a |
selected situation. |
"Nursing activity" means any work requiring the use of |
knowledge acquired by completion of an approved program for |
|
licensure, including advanced education, continuing education, |
and experience as a licensed practical nurse or professional |
nurse, as defined by the Department by rule. |
"Task" means work not requiring nursing knowledge, |
judgment, or decision-making, as defined by the Department by |
rule. |
(b) Nursing shall be practiced by licensed practical |
nurses, registered professional nurses, and advanced practice |
nurses. In the delivery of nursing care, nurses work with many |
other licensed professionals and other persons. An advanced |
practice nurse may delegate to registered professional nurses, |
licensed practical nurses, and others persons. |
(c) A registered professional nurse shall not delegate any |
nursing activity requiring the specialized knowledge, |
judgment, and skill of a licensed nurse to an unlicensed |
person, including medication administration. A registered |
professional nurse may delegate nursing activities to other |
registered professional nurses or licensed practical nurses. |
A registered nurse may delegate tasks to other licensed and |
unlicensed persons. A licensed practical nurse who has been |
delegated a nursing activity shall not re-delegate the nursing |
activity. A registered professional nurse or advanced practice |
nurse retains the right to refuse to delegate or to stop or |
rescind a previously authorized delegation. |
(225 ILCS 65/Art. 55 heading new) (was 225 ILCS 65/Tit. 10 |
|
heading) |
ARTICLE 55
TITLE 10 . NURSING LICENSURE-LICENSED PRACTICAL |
NURSES
REGISTERED NURSES
|
AND LICENSED PRACTICAL NURSES
|
(225 ILCS 65/55-5 new)
|
Sec. 55-5. LPN education program requirements. |
(a) All Illinois practical nurse education programs must be |
reviewed by the Board and approved by the Department before the |
successful completion of such a program may be applied toward |
meeting the requirements for practical nurse licensure under |
this Act. Any program changing the level of educational |
preparation or the relationship with or to the parent |
institution or establishing an extension of an existing program |
must request a review by the Board and approval by the |
Department. The Board shall review and make a recommendation |
for the approval or disapproval of a program by the Department |
based on the following criteria: |
(1) a feasibility study that describes the need for the |
program and the facilities used, the potential of the |
program to recruit faculty and students, financial support |
for the program, and other criteria, as established by |
rule; |
(2) program curriculum that meets all State |
requirements; |
(3) the administration of the program by a Nurse |
|
Administrator and the involvement of a Nurse Administrator |
in the development of the program; and |
(4) the occurrence of a site visit prior to approval. |
(b) In order to obtain initial Department approval and to |
maintain Department approval, a practical nursing program must |
meet all of the following requirements: |
(1) The program must continually be administered by a |
Nurse Administrator. |
(2) The institution responsible for conducting the |
program and the Nurse Administrator must ensure that |
individual faculty members are academically and |
professionally competent. |
(3) The program curriculum must contain all applicable |
requirements established by rule, including both theory |
and clinical components. |
(4) The passage rates of the program's graduating |
classes on the State-approved licensure exam must be deemed |
satisfactory by the Department. |
(c) Program site visits to an institution conducting or |
hosting a practical nursing program may be made at the |
discretion of the Nursing Coordinator or upon recommendation of |
the Board. |
(d) Any institution conducting a practical nursing program |
that wishes to discontinue the program must do each of the |
following: |
(1) Notify the Department, in writing, of its intent to |
|
discontinue the program. |
(2) Continue to meet the requirements of this Act and |
the rules adopted thereunder until the official date of |
termination of the program. |
(3) Notify the Department of the date on which the last |
student shall graduate from the program and the program |
shall terminate. |
(4) Assist remaining students in the continuation of |
their education in the event of program termination prior |
to the graduation of the program's final student. |
(5) Upon the closure of the program, notify the |
Department, in writing, of the location of student and |
graduate records storage.
|
(225 ILCS 65/55-10 new)
(was 225 ILCS 65/10-30)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 55-10
10-30 . Qualifications for LPN licensure.
|
(a) Each applicant who successfully meets the requirements |
of this Section
shall be entitled to licensure as a Registered |
Nurse or Licensed Practical
Nurse , whichever is applicable .
|
(b) An applicant for licensure by examination to practice |
as a registered
nurse or licensed practical nurse must do each |
of the following
shall :
|
(1) Submit
submit a completed written application, on |
forms provided by the
Department and fees as established by |
the Department . ;
|
|
(2) Have graduated from a practical nursing education |
program approved by the Department or have been granted a |
certificate of completion of pre-licensure requirements |
from another United States jurisdiction. |
(3) Successfully complete a licensure examination |
approved by the Department.
for registered nurse |
licensure, have graduated from a
professional nursing |
education program approved by the Department;
|
(2.5) for licensed practical nurse licensure, have |
graduated from a practical nursing education program |
approved by the
Department;
|
(4) Have
(3) have not violated the provisions of |
Section 10-45 of this Act concerning the grounds for |
disciplinary action . The
Department may take into |
consideration any felony conviction of the applicant,
but |
such a conviction shall not operate as an absolute bar to |
licensure . ;
|
(5) Submit to the criminal history records check |
required under Section 50-35 of this Act.
|
(4) meet all other requirements as established by rule;
|
(6) Submit
(5) pay, either to the Department or its |
designated testing service,
a fee covering the cost of |
providing the examination. Failure to appear for
the |
examination on the scheduled date at the time and place |
specified after the
applicant's application for |
examination has been received and acknowledged by
the |
|
Department or the designated testing service shall result |
in the forfeiture
of the examination fee.
|
(7) Meet all other requirements established by rule. |
An applicant for licensure by examination may take the |
Department-approved examination in another jurisdiction.
|
(b-5) If an applicant for licensure by examination
|
neglects, fails, or refuses to take an examination or fails
to |
pass an examination for a license under this Act within 3 years |
after filing
the application, the application shall be denied. |
The
However, the applicant must enroll in and complete an |
approved practical nursing education program prior to |
submitting an additional
may
make a new application for the |
licensure exam
accompanied by the required fee and provide
|
evidence of meeting the requirements in force at the time of |
the new
application .
|
An applicant may take and successfully complete a |
Department-approved
examination in another jurisdiction. |
However, an applicant who has never been
licensed previously in |
any jurisdiction that utilizes a Department-approved
|
examination and who has taken and failed to
pass the |
examination within 3 years after filing the application must |
submit
proof of successful completion of a |
Department-authorized nursing education
program or |
recompletion of an approved registered nursing program or
|
licensed
practical nursing program , as appropriate, prior to |
re-application.
|
|
(c) An applicant for licensure by examination shall have |
one year from the date of notification of successful
completion |
of the examination to apply to the Department for a license. If |
an
applicant fails to apply within one year, the applicant |
shall be required to
retake
again take and pass the examination |
unless licensed in another jurisdiction of
the United States |
within one year of passing the examination .
|
(d) A licensed practical nurse applicant who passes the |
Department-approved licensure examination and has applied to |
the Department for licensure may obtain employment as a |
license-pending practical nurse and practice as delegated by a |
registered professional nurse or an advanced practice nurse or |
physician. An individual may be employed as a license-pending |
practical nurse if all of the following criteria are met: |
(1) He or she has completed and passed the |
Department-approved licensure exam and presents to the |
employer the official written notification indicating |
successful passage of the licensure examination. |
(2) He or she has completed and submitted to the |
Department an application for licensure under this Section |
as a practical nurse. |
(3) He or she has submitted the required licensure fee. |
(4) He or she has met all other requirements |
established by rule, including having submitted to a |
criminal history records check. |
(e) The privilege to practice as a license-pending |
|
practical nurse shall terminate with the occurrence of any of |
the following: |
(1) Three months have passed since the official date of |
passing the licensure exam as inscribed on the formal |
written notification indicating passage of the exam. This |
3-month period may be extended as determined by rule. |
(2) Receipt of the practical nurse license from the |
Department. |
(3) Notification from the Department that the |
application for licensure has been denied. |
(4) A request by the Department that the individual |
terminate practicing as a license-pending practical nurse |
until an official decision is made by the Department to |
grant or deny a practical nurse license.
|
(f)
(c) An applicant for licensure by endorsement who is a |
registered
professional nurse or a licensed practical nurse |
licensed by examination
under the laws of another state or |
territory of the United States or a
foreign country, |
jurisdiction, territory, or province must do each of the |
following
shall :
|
(1) Submit
submit a completed written application, on |
forms supplied by the
Department, and fees as established |
by the Department . ;
|
(2) Have graduated from a practical nursing education |
program approved by the Department.
for registered nurse |
licensure, have graduated from a professional
nursing |
|
education program approved by the Department;
|
(2.5) for licensed practical nurse licensure, have |
graduated
from a practical nursing education program |
approved by the Department;
|
(3) Submit
submit verification of licensure status |
directly from the United
States jurisdiction of licensure, |
if applicable, as defined by rule . ;
|
(4) Submit to the criminal history records check |
required under Section 50-35 of this Act.
have passed the |
examination authorized by the Department;
|
(5) Meet
meet all other requirements as established by |
the Department by rule.
|
(g)
(d) All applicants for practical
registered nurse |
licensure by examination or endorsement
pursuant to item (2) of
|
subsection (b) and item (2) of subsection (c) of this Section
|
who are graduates
of nursing educational programs in a country |
other than the United States or
its territories shall have |
their nursing education credentials evaluated by a |
Department-approved nursing credentialing evaluation service. |
No such applicant may be issued a license under this Act unless |
the applicant's program is deemed by the nursing credentialing |
evaluation service to be equivalent to a professional nursing |
education program approved by the Department. An applicant who |
has graduated from a nursing educational program outside of the |
United States or its territories and whose first language is |
not English shall submit certification of passage of the Test |
|
of English as a Foreign Language (TOEFL), as defined by rule. |
The Department may, upon recommendation from the nursing |
evaluation service, waive the requirement that the applicant |
pass the TOEFL examination if the applicant submits |
verification of the successful completion of a nursing |
education program conducted in English. The requirements of |
this subsection (d) may be satisfied by the showing of proof of |
a certificate from the Certificate Program or the VisaScreen |
Program of the Commission on Graduates of Foreign Nursing |
Schools.
|
(h)
(d-5) An applicant licensed in another state or |
territory who is applying for
licensure and has received her or |
his education in a country other than the
United States or its |
territories shall have her or his nursing education credentials |
evaluated by a Department-approved nursing credentialing |
evaluation service. No such applicant may be issued a license |
under this Act unless the applicant's program is deemed by the |
nursing credentialing evaluation service to be equivalent to a |
professional nursing education program approved by the |
Department. An applicant who has graduated from a nursing |
educational program outside of the United States or its |
territories and whose first language is not English shall |
submit certification of passage of the Test of English as a |
Foreign Language (TOEFL), as defined by rule. The Department |
may, upon recommendation from the nursing evaluation service, |
waive the requirement that the applicant pass the TOEFL |
|
examination if the applicant submits verification of the |
successful completion of a nursing education program conducted |
in English or the successful passage of an approved licensing |
examination given in English. The requirements of this |
subsection (d-5) may be satisfied by the showing of proof of a |
certificate from the Certificate Program or the VisaScreen |
Program of the Commission on Graduates of Foreign Nursing |
Schools.
|
(e) (Blank).
|
(i) A
(f) Pending the issuance of a license under |
subsection (c) of this Section,
the Department may grant an |
applicant a temporary license to practice nursing
as a |
registered nurse or as a licensed practical nurse who
if the |
Department is
satisfied that the applicant holds an active,
|
unencumbered license in good
standing in another United States
|
jurisdiction and who has applied for practical nurse licensure |
under this Act by endorsement may be issued a temporary |
license, if satisfactory proof of such licensure in another |
jurisdiction is presented to the Department . The
If the |
applicant holds more than one
current active license, or one or |
more active temporary licenses from other
jurisdictions, the
|
Department shall not issue an applicant a temporary practical |
nurse license until it is satisfied that
the applicant holds an
|
each current active ,
license held by the applicant is
|
unencumbered license in good standing in another jurisdiction. |
If the applicant holds more than one current active license or |
|
one or more active temporary licenses from another |
jurisdiction, the Department may not issue a temporary license |
until the Department is satisfied that each current active |
license held by the applicant is unencumbered . The
temporary |
license, which shall be issued no later than 14 working days
|
following receipt by the Department of an application for the |
temporary
license, shall be granted upon the submission of all |
of the following to the
Department:
|
(1) A
a signed and completed application for licensure |
under subsection (a)
of this Section as a registered nurse |
or a licensed practical nurse . ;
|
(2) Proof
proof of a current, active license in at |
least one other jurisdiction
of the United States and proof |
that each current active license or temporary license held |
by the
applicant within the last 5 years is unencumbered . ;
|
(3) A
a signed and completed application for a |
temporary license . ; and
|
(4) The
the required temporary license fee.
|
(j)
(g) The Department may refuse to issue an applicant a |
temporary
license authorized pursuant to this Section if, |
within 14 working days
following its receipt of an application |
for a temporary license, the
Department determines that:
|
(1) the applicant has been convicted of a crime under |
the laws of a
jurisdiction of the United States that is : |
(i) which is a felony; or (ii) which is a
misdemeanor |
directly related to the practice of the profession, within |
|
the last
5 years;
|
(2) within the last 5 years the applicant has had a |
license or permit
related to the practice of practical
|
nursing revoked, suspended, or placed on probation
by
|
another jurisdiction within the last 5 years and , if at |
least one of the grounds for revoking, suspending,
or |
placing on probation is the same or substantially |
equivalent to grounds in
Illinois; or
|
(3) the Department
it intends to deny licensure by |
endorsement.
|
For purposes of this Section, an "unencumbered license" |
means a
license against which no disciplinary action has been |
taken or is pending and
for which all fees and charges are paid |
and current.
|
(k)
(h) The Department may revoke a temporary license |
issued pursuant to this
Section if it determines any of the |
following :
|
(1) That
it determines that the applicant has been |
convicted of a crime under
the law of any jurisdiction of |
the United States that is (i) a felony or
(ii) a |
misdemeanor directly related to the practice of the |
profession,
within the last 5 years . ;
|
(2) That
it determines that within the last 5 years the |
applicant has had a
license or permit related to the |
practice of nursing revoked, suspended, or
placed on |
probation by another jurisdiction, and
if at least one of |
|
the grounds for
revoking, suspending, or placing on |
probation is the same or substantially
equivalent to |
grounds for disciplinary action under this Act.
in |
Illinois; or
|
(3) That the Department
it determines that it intends |
to deny licensure by endorsement.
|
(l) A temporary license shall expire 6 months from the date |
of issuance.
Further renewal may be granted by the Department |
in hardship cases, as defined
by rule and upon approval of the |
Secretary
Director . However, a temporary license shall
|
automatically expire upon issuance of a valid
the Illinois
|
license under this Act or upon notification
that the Department |
intends to deny licensure, whichever occurs first.
|
(m) All applicants for practical nurse licensure
(i) |
Applicants have 3 years from the date of application to |
complete the
application process. If the process has not been |
completed within 3 years from
the date of application, the |
application shall be denied, the fee forfeited,
and the |
applicant must reapply and meet the requirements in effect at |
the time
of reapplication.
|
(Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07.)
|
(225 ILCS 65/55-15 new)
|
Sec. 55-15. LPN license expiration; renewal. The |
expiration date and renewal period for each license to practice |
practical nursing issued under this Act shall be set by rule. |
|
The holder of a license may renew the license during the month |
preceding the expiration date of the license by paying the |
required fee. It is the responsibility of the licensee to |
notify the Department in writing of a change of address. |
(225 ILCS 65/55-20 new)
|
Sec. 55-20. Restoration of LPN license; temporary permit. |
(a) Any license to practice practical nursing issued under |
this Act that has expired or that is on inactive status may be |
restored by making application to the Department and filing |
proof of fitness acceptable to the Department, as specified by |
rule, to have the license restored, and by paying the required |
restoration fee. Such proof of fitness may include evidence |
certifying active lawful practice in another jurisdiction. |
(b) A practical nurse licensee seeking restoration of a |
license after it has expired or been placed on inactive status |
for more than 5 years shall file an application, on forms |
supplied by the Department, and submit the restoration or |
renewal fees set forth by the Department. The licensee must |
also submit proof of fitness to practice, including one of the |
following: |
(1) certification of active practice in another |
jurisdiction, which may include a statement from the |
appropriate board or licensing authority in the other |
jurisdiction that the licensee was authorized to practice |
during the term of said active practice; |
|
(2) proof of the successful completion of a |
Department-approved licensure examination; or |
(3) an affidavit attesting to military service as |
provided in subsection (c) of this Section; however, if |
application is made within 2 years after discharge and if |
all other provisions of subsection (c) of this Section are |
satisfied, the applicant shall be required to pay the |
current renewal fee. |
(c) Notwithstanding any other provision of this Act, any |
license to practice practical nursing issued under this Act |
that expired while the licensee was (i) in federal service on |
active duty with the Armed Forces of the United States or in |
the State Militia and called into service or training or (ii) |
in training or education under the supervision of the United |
States preliminary to induction into the military service may |
have the license restored without paying any lapsed renewal |
fees if, within 2 years after honorable termination of such |
service, training, or education, the applicant furnishes the |
Department with satisfactory evidence to the effect that the |
applicant has been so engaged and that the individual's |
service, training, or education has been so terminated. |
(d) Any practical nurse licensee who shall engage in the |
practice of practical nursing with a lapsed license or while on |
inactive status shall be considered to be practicing without a |
license, which shall be grounds for discipline under Section |
70-5 of this Act. |
|
(e) Pending restoration of a license under this Section, |
the Department may grant an applicant a temporary permit to |
practice as a practical nurse if the Department is satisfied |
that the applicant holds an active, unencumbered license in |
good standing in another jurisdiction. If the applicant holds |
more than one current active license or one or more active |
temporary licenses from another jurisdiction, the Department |
shall not issue a temporary permit until it is satisfied that |
each current active license held by the applicant is |
unencumbered. The temporary permit, which shall be issued no |
later than 14 working days after receipt by the Department of |
an application for the permit, shall be granted upon the |
submission of all of the following to the Department: |
(1) A signed and completed application for restoration |
of licensure under this Section as a licensed practical |
nurse. |
(2) Proof of (i) a current, active license in at least |
one other jurisdiction and proof that each current, active |
license or temporary permit held by the applicant is |
unencumbered or (ii) fitness to practice nursing in this |
State, as specified by rule. |
(3) A signed and completed application for a temporary |
permit. |
(4) The required permit fee. |
(f) The Department may refuse to issue to an applicant a |
temporary permit authorized under this Section if, within 14 |
|
working days after its receipt of an application for a |
temporary permit, the Department determines that: |
(1) the applicant has been convicted within the last 5 |
years of any crime under the laws of any jurisdiction of |
the United States that is (i) a felony or (ii) a |
misdemeanor directly related to the practice of the |
profession; |
(2) within the last 5 years, the applicant has had a |
license or permit related to the practice of nursing |
revoked, suspended, or placed on probation by another |
jurisdiction, if at least one of the grounds for revoking, |
suspending, or placing on probation is the same or |
substantially equivalent to grounds for disciplinary |
action under this Act; or |
(3) the Department intends to deny restoration of the |
license. |
(g) The Department may revoke a temporary permit issued |
under this Section if: |
(1) the Department determines that the applicant has |
been convicted within the last 5 years of any crime under |
the laws of any jurisdiction of the United States that is |
(i) a felony or (ii) a misdemeanor directly related to the |
practice of the profession; |
(2) within the last 5 years, the applicant had a |
license or permit related to the practice of nursing |
revoked, suspended, or placed on probation by another |
|
jurisdiction and at least one of the grounds for revoking, |
suspending, or placing on probation is the same or |
substantially equivalent to grounds for disciplinary |
action under this Act; or |
(3) the Department intends to deny restoration of the |
license. |
(h) A temporary permit or renewed temporary permit shall |
expire (i) upon issuance of a valid license under this Act or |
(ii) upon notification that the Department intends to deny |
restoration of licensure. Except as otherwise provided in this |
Section, the temporary permit shall expire 6 months after the |
date of issuance. Further renewal may be granted by the |
Department in hardship cases that shall automatically expire |
upon issuance of a valid license under this Act or upon |
notification that the Department intends to deny licensure, |
whichever occurs first. No extensions shall be granted beyond |
the 6-month period, unless approved by the Secretary. |
Notification by the Department under this Section must be by |
certified or registered mail.
|
(225 ILCS 65/55-25 new)
|
Sec. 55-25. Inactive status of a LPN license. Any licensed |
practical nurse who notifies the Department in writing on forms |
prescribed by the Department may elect to place his or her |
license on inactive status and shall, subject to rules of the |
Department, be excused from payment of renewal fees until |
|
notice is given to the Department, in writing, of his or her |
intent to restore the license. |
Any practical nurse requesting restoration from inactive |
status shall be required to pay the current renewal fee and |
shall be required to restore his or her license, as provided by |
rule of the Department. |
Any practical nurse whose license is on an inactive status |
shall not practice nursing as defined by this Act in the State |
of Illinois. |
(225 ILCS 65/55-30 new)
|
Sec. 55-30. LPN scope of practice. |
(a) Practice as a licensed practical nurse means a scope of |
basic nursing practice, with or without compensation, as |
delegated by a registered professional nurse or an advanced |
practice nurse or as directed by a physician assistant, |
physician, dentist, or podiatrist, and includes, but is not |
limited to, all of the following: |
(1) Collecting data and collaborating in the |
assessment of the health status of a patient. |
(2) Collaborating in the development and modification |
of the registered professional nurse's or advanced |
practice nurse's comprehensive nursing plan of care for all |
types of patients. |
(3) Implementing aspects of the plan of care as |
delegated. |
|
(4) Participating in health teaching and counseling to |
promote, attain, and maintain the optimum health level of |
patients, as delegated. |
(5) Serving as an advocate for the patient by |
communicating and collaborating with other health service |
personnel, as delegated. |
(6) Participating in the evaluation of patient |
responses to interventions. |
(7) Communicating and collaborating with other health |
care professionals as delegated. |
(8) Providing input into the development of policies |
and procedures to support patient safety.
|
(225 ILCS 65/55-35 new)
|
Sec. 55-35. Continuing education for LPN licensees. The |
Department may adopt rules of continuing education for licensed |
practical nurses that require 20 hours of continuing education |
per 2-year license renewal cycle. The rules shall address |
variances in part or in whole for good cause, including without |
limitation illness or hardship. The continuing education rules |
must ensure that licensees are given the opportunity to |
participate in programs sponsored by or through their State or |
national professional associations, hospitals, or other |
providers of continuing education. Each licensee is |
responsible for maintaining records of completion of |
continuing education and shall be prepared to produce the |
|
records when requested by the Department. |
(225 ILCS 65/Art. 60 heading new) |
ARTICLE 60. NURSING LICENSURE-RN |
(225 ILCS 65/60-5 new)
|
Sec. 60-5. RN education program requirements; out-of-State |
programs. |
(a) All registered professional nurse education programs |
must be reviewed by the Board and approved by the Department |
before the successful completion of such a program may be |
applied toward meeting the requirements for registered |
professional nurse licensure under this Act. Any program |
changing the level of educational preparation or the |
relationship with or to the parent institution or establishing |
an extension of an existing program must request a review by |
the Board and approval by the Department. The Board shall |
review and make a recommendation for the approval or |
disapproval of a program by the Department based on the |
following criteria: |
(1) a feasibility study that describes the need for the |
program and the facilities used, the potential of the |
program to recruit faculty and students, financial support |
for the program, and other criteria, as established by |
rule; |
(2) program curriculum that meets all State |
|
requirements; |
(3) the administration of the program by a Nurse |
Administrator and the involvement of a Nurse Administrator |
in the development of the program; and |
(4) the occurrence of a site visit prior to approval. |
(b) In order to obtain initial Department approval and to |
maintain Department approval, a registered professional |
nursing program must meet all of the following requirements: |
(1) The institution responsible for conducting the |
program and the Nurse Administrator must ensure that |
individual faculty members are academically and |
professionally competent. |
(2) The program curriculum must contain all applicable |
requirements established by rule, including both theory |
and clinical components. |
(3) The passage rates of the program's graduating |
classes on the State-approved licensure exam must be deemed |
satisfactory by the Department. |
(c) Program site visits to an institution conducting or |
hosting a professional nursing program may be made at the |
discretion of the Nursing Coordinator or upon recommendation of |
the Board. Full routine site visits shall be conducted by the |
Department for periodic evaluation. The visits shall be used to |
determine compliance with this Act. Full routine site visits |
must be announced and may be waived at the discretion of the |
Department if the program maintains accreditation with the |
|
National League for Nursing Accrediting Commission (NLNAC) or |
the Commission on Collegiate Nursing Education (CCNE). |
(d) Any institution conducting a registered professional |
nursing program that wishes to discontinue the program must do |
each of the following: |
(1) Notify the Department, in writing, of its intent to |
discontinue the program. |
(2) Continue to meet the requirements of this Act and |
the rules adopted thereunder until the official date of |
termination of the program. |
(3) Notify the Department of the date on which the last |
student shall graduate from the program and the program |
shall terminate. |
(4) Assist remaining students in the continuation of |
their education in the event of program termination prior |
to the graduation of the program's final student. |
(5) Upon the closure of the program, notify the |
Department, in writing, of the location of student and |
graduate records' storage. |
(e) Out-of-State registered professional nursing education |
programs planning to offer clinical practice experiences in |
this State must meet the requirements set forth in this Section |
and must meet the clinical and faculty requirements for |
institutions outside of this State, as established by rule. The |
institution responsible for conducting an out-of-State |
registered professional nursing education program and the |
|
administrator of the program shall be responsible for ensuring |
that the individual faculty and preceptors overseeing the |
clinical experience are academically and professionally |
competent.
|
(225 ILCS 65/60-10 new)
|
Sec. 60-10. Qualifications for RN licensure. |
(a) Each applicant who successfully meets the requirements |
of this Section shall be entitled to licensure as a registered |
professional nurse. |
(b) An applicant for licensure by examination to practice |
as a registered professional nurse must do each of the |
following: |
(1) Submit a completed written application, on forms |
provided by the Department, and fees, as established by the |
Department. |
(2) Have graduated from a professional nursing |
education program approved by the Department or have been |
granted a certificate of completion of pre-licensure |
requirements from another United States jurisdiction. |
(3) Successfully complete a licensure examination |
approved by the Department. |
(4) Have not violated the provisions of this Act |
concerning the grounds for disciplinary action. The |
Department may take into consideration any felony |
conviction of the applicant, but such a conviction may not |
|
operate as an absolute bar to licensure. |
(5) Submit to the criminal history records check |
required under Section 50-35 of this Act. |
(6) Submit, either to the Department or its designated |
testing service, a fee covering the cost of providing the |
examination. Failure to appear for the examination on the |
scheduled date at the time and place specified after the |
applicant's application for examination has been received |
and acknowledged by the Department or the designated |
testing service shall result in the forfeiture of the |
examination fee. |
(7) Meet all other requirements established by the |
Department by rule.
An applicant for licensure by |
examination may take the Department-approved examination |
in another jurisdiction. |
(b-5) If an applicant for licensure by examination |
neglects, fails, or refuses to take an examination or fails to |
pass an examination for a license within 3 years after filing |
the application, the application shall be denied. The applicant |
may make a new application accompanied by the required fee, |
evidence of meeting the requirements in force at the time of |
the new application, and proof of the successful completion of |
at least 2 additional years of professional nursing education. |
(c) An applicant for licensure by examination shall have |
one year after the date of notification of the successful |
completion of the examination to apply to the Department for a |
|
license. If an applicant fails to apply within one year, the |
applicant shall be required to retake and pass the examination |
unless licensed in another jurisdiction of the United States. |
(d) An applicant for licensure by examination who passes |
the Department-approved licensure examination for professional |
nursing may obtain employment as a license-pending registered |
nurse and practice under the direction of a registered |
professional nurse or an advanced practice nurse until such |
time as he or she receives his or her license to practice or |
until the license is denied. In no instance shall any such |
applicant practice or be employed in any management capacity. |
An individual may be employed as a license-pending registered |
nurse if all of the following criteria are met: |
(1) He or she has completed and passed the |
Department-approved licensure exam and presents to the |
employer the official written notification indicating |
successful passage of the licensure examination. |
(2) He or she has completed and submitted to the |
Department an application for licensure under this Section |
as a registered professional nurse. |
(3) He or she has submitted the required licensure fee. |
(4) He or she has met all other requirements |
established by rule, including having submitted to a |
criminal history records check. |
(e) The privilege to practice as a license-pending |
registered nurse shall terminate with the occurrence of any of |
|
the following: |
(1) Three months have passed since the official date of |
passing the licensure exam as inscribed on the formal |
written notification indicating passage of the exam. The |
3-month license pending period may be extended if more time |
is needed by the Department to process the licensure |
application. |
(2) Receipt of the registered professional nurse |
license from the Department. |
(3) Notification from the Department that the |
application for licensure has been refused. |
(4) A request by the Department that the individual |
terminate practicing as a license-pending registered nurse |
until an official decision is made by the Department to |
grant or deny a registered professional nurse license. |
(f) An applicant for registered professional nurse |
licensure by endorsement who is a registered professional nurse |
licensed by examination under the laws of another state or |
territory of the United States must do each of the following: |
(1) Submit a completed written application, on forms |
supplied by the Department, and fees as established by the |
Department. |
(2) Have graduated from a registered professional |
nursing education program approved by the Department. |
(3) Submit verification of licensure status directly |
from the United States jurisdiction of licensure, if |
|
applicable, as defined by rule. |
(4) Submit to the criminal history records check |
required under Section 50-35 of this Act. |
(5) Meet all other requirements as established by the |
Department by rule. |
(g) Pending the issuance of a license under this Section, |
the Department may grant an applicant a temporary license to |
practice nursing as a registered professional nurse if the |
Department is satisfied that the applicant holds an active, |
unencumbered license in good standing in another U.S. |
jurisdiction. If the applicant holds more than one current |
active license or one or more active temporary licenses from |
another jurisdiction, the Department may not issue a temporary |
license until the Department is satisfied that each current |
active license held by the applicant is unencumbered. The |
temporary license, which shall be issued no later than 14 |
working days after receipt by the Department of an application |
for the temporary license, shall be granted upon the submission |
of all of the following to the Department: |
(1) A completed application for licensure as a |
registered professional nurse. |
(2) Proof of a current, active license in at least one |
other jurisdiction of the United States and proof that each |
current active license or temporary license held by the |
applicant within the last 5 years is unencumbered. |
(3) A completed application for a temporary license. |
|
(4) The required temporary license fee. |
(h) The Department may refuse to issue an applicant a |
temporary license authorized pursuant to this Section if, |
within 14 working days after its receipt of an application for |
a temporary license, the Department determines that: |
(1) the applicant has been convicted of a crime under |
the laws of a jurisdiction of the United States that is (i) |
a felony or (ii) a misdemeanor directly related to the |
practice of the profession, within the last 5 years; |
(2) the applicant has had a license or permit related |
to the practice of nursing revoked, suspended, or placed on |
probation by another jurisdiction within the last 5 years, |
if at least one of the grounds for revoking, suspending, or |
placing on probation is the same or substantially |
equivalent to grounds for disciplinary action under this |
Act; or
|
(3) the Department intends to deny licensure by |
endorsement. |
(i) The Department may revoke a temporary license issued |
pursuant to this Section if it determines any of the following: |
(1) That the applicant has been convicted of a crime |
under the laws of any jurisdiction of the United States |
that is (i) a felony or (ii) a misdemeanor directly related |
to the practice of the profession, within the last 5 years. |
(2) That within the last 5 years, the applicant has had |
a license or permit related to the practice of nursing |
|
revoked, suspended, or placed on probation by another |
jurisdiction, if at least one of the grounds for revoking, |
suspending, or placing on probation is the same or |
substantially equivalent to grounds for disciplinary |
action under this Act. |
(3) That it intends to deny licensure by endorsement. |
(j) A temporary license issued under this Section shall |
expire 6 months after the date of issuance. Further renewal may |
be granted by the Department in hardship cases, as defined by |
rule and upon approval of the Secretary. However, a temporary |
license shall automatically expire upon issuance of the |
Illinois license or upon notification that the Department |
intends to deny licensure, whichever occurs first. |
(k) All applicants for registered professional nurse |
licensure have 3 years after the date of application to |
complete the application process. If the process has not been |
completed within 3 years after the date of application, the |
application shall be denied, the fee forfeited, and the |
applicant must reapply and meet the requirements in effect at |
the time of reapplication. |
(l) All applicants for registered nurse licensure by |
examination or endorsement who are graduates of practical |
nursing educational programs in a country other than the United |
States and its territories shall have their nursing education |
credentials evaluated by a Department-approved nursing |
credentialing evaluation service. No such applicant may be |
|
issued a license under this Act unless the applicant's program |
is deemed by the nursing credentialing evaluation service to be |
equivalent to a professional nursing education program |
approved by the Department. An applicant who has graduated from |
a nursing educational program outside of the United States or |
its territories and whose first language is not English shall |
submit certification of passage of the Test of English as a |
Foreign Language (TOEFL), as defined by rule. The Department |
may, upon recommendation from the nursing evaluation service, |
waive the requirement that the applicant pass the TOEFL |
examination if the applicant submits verification of the |
successful completion of a nursing education program conducted |
in English. The requirements of this subsection (l) may be |
satisfied by the showing of proof of a certificate from the |
Certificate Program or the VisaScreen Program of the Commission |
on Graduates of Foreign Nursing Schools. |
(m) An applicant licensed in another state or territory who |
is applying for licensure and has received her or his education |
in a country other than the United States or its territories |
shall have her or his nursing education credentials evaluated |
by a Department-approved nursing credentialing evaluation |
service. No such applicant may be issued a license under this |
Act unless the applicant's program is deemed by the nursing |
credentialing evaluation service to be equivalent to a |
professional nursing education program approved by the |
Department. An applicant who has graduated from a nursing |
|
educational program outside of the United States or its |
territories and whose first language is not English shall |
submit certification of passage of the Test of English as a |
Foreign Language (TOEFL), as defined by rule. The Department |
may, upon recommendation from the nursing evaluation service, |
waive the requirement that the applicant pass the TOEFL |
examination if the applicant submits verification of the |
successful completion of a nursing education program conducted |
in English or the successful passage of an approved licensing |
examination given in English. The requirements of this |
subsection (m) may be satisfied by the showing of proof of a |
certificate from the Certificate Program or the VisaScreen |
Program of the Commission on Graduates of Foreign Nursing |
Schools. |
(225 ILCS 65/60-15 new) (was 225 ILCS 65/10-37) |
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 60-15
10-37 . Registered nurse
Nurse externship |
permit. |
(a) The Department shall establish a 2-year program under |
which the Department may issue a nurse externship permit to a |
registered nurse who is licensed under the laws of another |
state or territory of the United States and who has not taken |
the National Council Licensure Examination (NCLEX). A nurse who |
is issued a permit shall be allowed to practice as a nurse |
extern under the direct, on-site supervision of a registered |
|
professional nurse licensed under this Act. There shall be one |
supervising registered professional nurse for every one nurse |
extern. |
(b) An applicant shall be qualified to receive a nurse |
externship permit if that applicant: |
(1) Has submitted a completed written application to |
the Department, on forms provided by the Department, and |
submitted
paid any fees established by the Department. |
(2) Has graduated from a professional nursing |
education program approved by the Department. |
(3) Is licensed as a professional nurse in another |
state or territory of the United States and has submitted a |
verification of active and unencumbered licensure in all of |
the states and territories in which the applicant is |
licensed. |
(4) Has submitted verification of an offer of |
employment in Illinois as a nurse extern. The Department |
may prescribe the information necessary to determine if |
this employment meets the requirements of the permit |
program. This information shall include a copy of the |
written employment offer. |
(5) Has submitted a written statement from the |
applicant's prospective employer stating that the |
prospective employer agrees to pay the full tuition for the |
Bilingual Nurse Consortium course or other course approved |
by rule. |
|
(6) Has submitted proof of taking the Test of English |
as a Foreign Language (TOEFL) with a minimum score as set |
by rule. Applicants with the highest TOEFL scores shall be |
given first consideration to entrance into an extern |
program. |
(7) Has submitted written verification that the |
applicant has been enrolled in the Bilingual Nurse |
Consortium course or other course approved by rule. This |
verification must state that the applicant shall be able to |
complete the course within the year for which the permit is |
issued. |
(8) Has agreed to submit to the Department a mid-year |
exam as determined by rule that demonstrates proficiency |
towards passing the NCLEX. |
(9) Has not violated the provisions of Section 70-5
|
10-45 of this Act. The Department may take into |
consideration any felony conviction of the applicant, but |
such a conviction shall not operate as an absolute bar to |
licensure. |
(10) Has met all other requirements established by |
rule. |
(c) A nurse extern shall be issued no more than one permit |
in a lifetime. The permit shall expire one calendar year after |
it is issued. Before being issued a license under this Act, the |
nurse extern must submit proof of the successful completion of |
the Bilingual Nurse Consortium course or other course approved |
|
by rule and successful passage of the NCLEX. The nurse extern |
shall not practice autonomous, professional nursing until he or |
she is licensed under this Act. The nurse extern shall carry |
out progressive nursing skills under the direct supervision of |
a registered nurse licensed under this Act and shall not be |
employed in a supervisory capacity. The nurse extern shall work |
only in the sponsoring facility. A nurse extern may work for a |
period not to exceed one calendar year from the date of |
issuance of the permit or until he or she fails the NCLEX. |
While working as a nurse extern, the nurse extern is subject to |
the provisions of this Act and all rules adopted by the |
Department for the administration of this Act. |
(d) The Secretary shall convene a task force within 2 |
months after the effective date of this amendatory Act of the |
94th General Assembly to establish clinical guidelines that |
allow for the gradual progression of nursing skills in |
culturally diverse practice settings. The Nursing Act |
Coordinator or his or her designee shall serve as chairperson |
of the task force. The task force shall include, but not be |
limited to, 2 representatives of the Illinois Nurses |
Association, 2 representatives of the Illinois Hispanic Nurses |
Association, a nurse engaged in nursing education who possesses |
a master's degree or higher, one representative from the |
Humboldt Park Vocational Educational Center, 2 registered |
nurses from United States territories who each hold a current |
State nursing license, one representative from the Chicago |
|
Bilingual Nurse Consortium, and one member of the Illinois |
Hospital Association. The task force shall complete this work |
no longer than 4 months after convening. After the nurse |
externship permit program has been in effect for 2 years, the |
task force shall evaluate the effectiveness of the program and |
make appropriate recommendations to the Secretary.
|
(Source: P.A. 94-351, eff. 7-28-05.) |
(225 ILCS 65/60-20 new)
|
Sec. 60-20. Expiration of RN license; renewal. The |
expiration date and renewal period for each registered |
professional nurse license issued under this Act shall be set |
by rule. The holder of a license may renew the license during |
the month preceding the expiration date of the license by |
paying the required fee. It is the responsibility of the |
licensee to notify the Department in writing of a change of |
address. |
(225 ILCS 65/60-25 new)
|
Sec. 60-25. Restoration of RN license; temporary permit.
|
(a) Any license to practice professional nursing issued |
under this Act that has expired or that is on inactive status |
may be restored by making application to the Department and |
filing proof of fitness acceptable to the Department as |
specified by rule to have the license restored and by paying |
the required restoration fee. Such proof of fitness may include |
|
evidence certifying active lawful practice in another |
jurisdiction. |
(b) A licensee seeking restoration of a license after it |
has expired or been placed on inactive status for more than 5 |
years shall file an application, on forms supplied by the |
Department, and submit the restoration or renewal fees set |
forth by the Department. The licensee shall also submit proof |
of fitness to practice, including one of the following: |
(1) Certification of active practice in another |
jurisdiction, which may include a statement from the |
appropriate board or licensing authority in the other |
jurisdiction that the licensee was authorized to practice |
during the term of said active practice. |
(2) Proof of the successful completion of a |
Department-approved licensure examination. |
(3) An affidavit attesting to military service as |
provided in subsection (c) of this Section; however, if |
application is made within 2 years after discharge and if |
all other provisions of subsection (c) of this Section are |
satisfied, the applicant shall be required to pay the |
current renewal fee. |
(c) Any registered professional nurse license issued under |
this Act that expired while the licensee was (1) in federal |
service on active duty with the Armed Forces of the United |
States or in the State Militia called into service or training |
or (2) in training or education under the supervision of the |
|
United States preliminary to induction into the military |
service may have the license restored without paying any lapsed |
renewal fees if, within 2 years after honorable termination of |
such service, training, or education, the applicant furnishes |
the Department with satisfactory evidence to the effect that |
the applicant has been so engaged and that the individual's |
service, training, or education has been so terminated. |
(d) Any licensee who engages in the practice of |
professional nursing with a lapsed license or while on inactive |
status shall be considered to be practicing without a license, |
which shall be grounds for discipline under Section 70-5 of |
this Act. |
(e) Pending restoration of a registered professional nurse |
license under this Section, the Department may grant an |
applicant a temporary permit to practice as a registered |
professional nurse if the Department is satisfied that the |
applicant holds an active, unencumbered license in good |
standing in another jurisdiction. If the applicant holds more |
than one current active license or one or more active temporary |
licenses from another jurisdiction, the Department shall not |
issue a temporary permit until it is satisfied that each |
current active license held by the applicant is unencumbered. |
The temporary permit, which shall be issued no later than 14 |
working days after receipt by the Department of an application |
for the permit, shall be granted upon the submission of all of |
the following to the Department: |
|
(1) A signed and completed application for restoration |
of licensure under this Section as a registered |
professional nurse. |
(2) Proof of (i) a current, active license in at least |
one other jurisdiction and proof that each current, active |
license or temporary permit held by the applicant is |
unencumbered or (ii) fitness to practice nursing in |
Illinois, as specified by rule. |
(3) A signed and completed application for a temporary |
permit. |
(4) The required permit fee. |
(f) The Department may refuse to issue to an applicant a |
temporary permit authorized under this Section if, within 14 |
working days after its receipt of an application for a |
temporary permit, the Department determines that: |
(1) the applicant has been convicted within the last 5 |
years of any crime under the laws of any jurisdiction of |
the United States that is (i) a felony or (ii) a |
misdemeanor directly related to the practice of the |
profession; |
(2) within the last 5 years the applicant had a license |
or permit related to the practice of nursing revoked, |
suspended, or placed on probation by another jurisdiction |
if at least one of the grounds for revoking, suspending, or |
placing on probation is the same or substantially |
equivalent to grounds for disciplinary action under this |
|
Act; or |
(3) the Department intends to deny restoration of the |
license. |
(g) The Department may revoke a temporary permit issued |
under this Section if: |
(1) the Department determines that the applicant has |
been convicted within the last 5 years of any crime under |
the laws of any jurisdiction of the United States that is |
(i) a felony or (ii) a misdemeanor directly related to the |
practice of the profession; |
(2) within the last 5 years, the applicant had a |
license or permit related to the practice of nursing |
revoked, suspended, or placed on probation by another |
jurisdiction, if at least one of the grounds for revoking, |
suspending, or placing on probation is the same or |
substantially equivalent to grounds in Illinois; or |
(3) the Department intends to deny restoration of the |
license. |
(h) A temporary permit or renewed temporary permit shall |
expire (i) upon issuance of an Illinois license or (ii) upon |
notification that the Department intends to deny restoration of |
licensure. A temporary permit shall expire 6 months from the |
date of issuance. Further renewal may be granted by the |
Department, in hardship cases, that shall automatically expire |
upon issuance of the Illinois license or upon notification that |
the Department intends to deny licensure, whichever occurs |
|
first. No extensions shall be granted beyond the 6-month period |
unless approved by the Secretary. Notification by the |
Department under this Section must be by certified or |
registered mail.
|
(225 ILCS 65/60-30 new)
|
Sec. 60-30. Inactive status of a RN license. Any registered |
professional nurse, who notifies the Department in writing on |
forms prescribed by the Department, may elect to place his or |
her license on inactive status and shall, subject to rules of |
the Department, be excused from payment of renewal fees until |
notice is given to the Department, in writing, of his or her |
intent to restore the license. |
Any registered professional nurse requesting restoration |
from inactive status shall be required to pay the current |
renewal fee and shall be required to restore his or her |
license, as provided by rule of the Department. |
Any registered professional nurse whose license is on |
inactive status shall not practice professional nursing as |
defined by this Act in the State of Illinois. |
(225 ILCS 65/60-35 new)
|
Sec. 60-35. RN scope of practice. |
(a) Practice as a registered professional nurse means the |
full scope of nursing, with or without compensation, that |
incorporates caring for all patients in all settings, through |
|
nursing standards recognized by the Department, and includes, |
but is not limited to, all of the following: |
(1) The comprehensive nursing assessment of the health |
status of patients that addresses changes to patient |
conditions. |
(2) The development of a plan of nursing care to be |
integrated within the patient-centered health care plan |
that establishes nursing diagnoses, and setting goals to |
meet identified health care needs, determining nursing |
interventions, and implementation of nursing care through |
the execution of nursing strategies and regimens ordered or |
prescribed by authorized healthcare professionals. |
(3) The administration of medication or delegation of |
medication administration to licensed practical nurses. |
(4) Delegation of nursing interventions to implement |
the plan of care. |
(5) The provision for the maintenance of safe and |
effective nursing care rendered directly or through |
delegation. |
(6) Advocating for patients. |
(7) The evaluation of responses to interventions and |
the effectiveness of the plan of care. |
(8) Communicating and collaborating with other health |
care professionals. |
(9) The procurement and application of new knowledge |
and technologies. |
|
(10) The provision of health education and counseling. |
(11) Participating in development of policies, |
procedures, and systems to support patient safety. |
(225 ILCS 65/60-40 new)
|
Sec. 60-40. Continuing education for RN licensees. The |
Department may adopt rules of continuing education for |
registered professional nurses licensed under this Act that |
require 20 hours of continuing education per 2-year license |
renewal cycle. The rules shall address variances in part or in |
whole for good cause, including without limitation illness or |
hardship. The continuing education rules must ensure that |
licensees are given the opportunity to participate in programs |
sponsored by or through their State or national professional |
associations, hospitals, or other providers of continuing |
education. Each licensee is responsible for maintaining |
records of completion of continuing education and shall be |
prepared to produce the records when requested by the |
Department. |
(225 ILCS 65/Art. 65 heading new) (was 225 ILCS 65/Tit. 15 |
heading) |
ARTICLE 65
TITLE 15 . ADVANCED PRACTICE NURSES
|
(225 ILCS 65/65-5 new)
(was 225 ILCS 65/15-10)
|
(Section scheduled to be repealed on January 1, 2008)
|
|
Sec. 65-5
15-10 . Qualifications for APN licensure
Advanced |
practice nurse; qualifications; roster .
|
(a) Each applicant who successfully meets the requirements |
of this Section shall be entitled to licensure as an advanced |
practice nurse. |
(b) An applicant for licensure to practice as an advanced |
practice nurse must do each of the following:
A person shall be |
qualified for licensure as an advanced practice nurse
if that |
person:
|
(1) Submit a completed application and any fees as |
established by the Department.
has applied in writing in |
form and substance satisfactory to the
Department and has |
not violated a provision of this Act or the rules adopted
|
under this Act. The Department may take into consideration |
any felony
conviction of the applicant but a conviction |
shall not operate as an absolute
bar to licensure;
|
(2) Hold
holds a current license to practice as a
|
registered professional nurse under this Act.
in Illinois;
|
(3) Have
has successfully completed requirements to |
practice as, and holds a
current, national certification |
as, a nurse midwife, clinical nurse specialist,
nurse |
practitioner, or certified registered nurse anesthetist |
from the
appropriate national certifying body as |
determined by rule of the Department . ;
|
(4) has paid the required fees as set by rule; and
|
(4) Have
(5) has obtained a graduate degree appropriate |
|
for national certification in a clinical advanced practice |
nursing specialty or a graduate degree or post-master's |
certificate from a graduate level program in a clinical |
advanced practice nursing specialty.
|
(5) Have not violated the provisions of this Act |
concerning the grounds for disciplinary action. The |
Department may take into consideration any felony |
conviction of the applicant, but such a conviction may not |
operate as an absolute bar to licensure. |
(6) Submit to the criminal history records check |
required under Section 50-35 of this Act.
|
(c)
(b) Those applicants seeking licensure in more than one |
advanced practice nursing specialty
category need not possess |
multiple graduate degrees. Applicants may be eligible for |
licenses for multiple advanced practice nurse licensure |
specialties
categories , provided that the applicant (i) has met |
the requirements for at least one advanced practice nursing |
specialty under paragraphs (3) and (5) of subsection (a) of |
this Section, (ii) possesses an additional graduate education |
that results in a certificate for another clinical advanced |
practice nurse specialty
category and that meets the |
requirements for the national certification from the |
appropriate nursing specialty, and (iii) holds a current |
national certification from the appropriate national |
certifying body for that additional advanced practice nursing |
specialty
category .
|
|
(b-5) A registered professional nurse seeking licensure as |
an advanced
practice nurse in the category of certified |
registered nurse anesthetist who
applies on or before December |
31, 2006 and
does not have a graduate degree as described in |
subsection (b) shall be
qualified for licensure if that person:
|
(1) submits evidence of having successfully completed |
a nurse anesthesia
program described in item (5) of |
subsection (a) of this Section prior to
January 1, 1999;
|
(2) submits evidence of certification as a registered |
nurse anesthetist by
an appropriate national certifying |
body, as determined by rule of the
Department; and
|
(3) has continually maintained active, up-to-date |
recertification
status as a certified registered nurse |
anesthetist by an appropriate national
recertifying body, |
as determined by rule of the Department.
|
(c) The Department shall provide by rule for APN
licensure |
of registered professional nurses who (1) apply for
licensure |
before July 1, 2001 and (2) submit evidence of
completion of a |
program described in item (5) of
subsection (a) or in |
subsection (b) and evidence of practice for
at least 10 years |
as a nurse practitioner.
|
(d) Any person who holds a valid license as an advanced |
practice nurse issued under this Act as this Act existed before |
the effective date of this amendatory Act of the 95th General |
Assembly shall be subject only to the advanced practice nurse |
license renewal requirements of this Act as this Act exists on |
|
and after the effective date of this amendatory Act of the 95th |
General Assembly upon the expiration of that license.
The |
Department shall maintain a separate roster of advanced |
practice
nurses licensed under this Title and their licenses |
shall indicate "Registered
Nurse/Advanced Practice Nurse".
|
(Source: P.A. 93-296, eff. 7-22-03; 94-348, eff. 7-28-05.)
|
(225 ILCS 65/65-10 new)
(was 225 ILCS 65/15-13)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 65-10
15-13 . APN license
License pending status.
|
(a) A graduate of an advanced practice nursing program may |
practice in the
State
of Illinois in the role of certified |
clinical nurse specialist, certified nurse
midwife,
certified |
nurse practitioner, or certified registered nurse anesthetist |
for not
longer than 6
months provided he or she submits all of |
the following:
|
(1) An application for licensure as an advanced |
practice nurse in
Illinois and all fees established by |
rule .
|
(2) Proof of an application to take the national |
certification examination
in
the specialty.
|
(3) Proof of completion of a graduate advanced practice
|
education program that allows the applicant to be eligible |
for national
certification in a clinical advanced practice |
nursing speciality and that
allows the applicant to be |
eligible for licensure in Illinois in the area of
his or |
|
her specialty.
|
(4) Proof that he or she is licensed in Illinois as a |
registered
professional
nurse.
|
(5) Proof that he or she has a completed proposed |
collaborative agreement
or practice agreement as required |
under Section 15-15 or 15-25 of this Act.
|
(6) The license application fee as set by rule.
|
(b) License pending status shall preclude delegation of |
prescriptive
authority.
|
(c) A graduate practicing in accordance with this Section |
must use the
title
"license pending certified clinical nurse |
specialist", "license pending
certified nurse
midwife", |
"license pending certified nurse practitioner", or "license |
pending
certified
registered nurse anesthetist", whichever is |
applicable.
|
(Source: P.A. 92-744, eff. 7-25-02.)
|
(225 ILCS 65/65-15 new)
|
Sec. 65-15. Expiration of APN license; renewal. The |
expiration date and renewal period for each advanced practice |
nurse license issued under this Act shall be set by rule. The |
holder of a license may renew the license during the month |
preceding the expiration date of the license by paying the |
required fee. It is the responsibility of the licensee to |
notify the Department in writing of a change of address. Each |
advanced practice nurse is required to show proof of continued, |
|
current national certification in the specialty. |
(225 ILCS 65/65-20 new)
|
Sec. 65-20. Restoration of APN license; temporary permit. |
(a) Any license issued under this Act that has expired or |
that is on inactive status may be restored by making |
application to the Department and filing proof of fitness |
acceptable to the Department as specified by rule to have the |
license restored and by paying the required restoration fee. |
Such proof of fitness may include evidence certifying active |
lawful practice in another jurisdiction. |
(b) A licensee seeking restoration of a license after it |
has expired or been placed on inactive status for more than 5 |
years shall file an application, on forms supplied by the |
Department, and submit the restoration or renewal fees set |
forth by the Department. The licensee shall also submit proof |
of fitness to practice, including one of the following: |
(1) Certification of active practice in another |
jurisdiction, which may include a statement from the |
appropriate board or licensing authority in the other |
jurisdiction in which the licensee was authorized to |
practice during the term of said active practice. |
(2) Proof of the successful completion of a |
Department-approved licensure examination. |
(3) An affidavit attesting to military service as |
provided in subsection (c) of this Section; however, if |
|
application is made within 2 years after discharge and if |
all other provisions of subsection (c) of this Section are |
satisfied, the applicant shall be required to pay the |
current renewal fee. |
(4) Other proof as established by rule. |
(c) Any advanced practice nurse license issued under this |
Act that expired while the licensee was (1) in federal service |
on active duty with the Armed Forces of the United States or in |
the State Militia called into service or training or (2) in |
training or education under the supervision of the United |
States preliminary to induction into the military service may |
have the license restored without paying any lapsed renewal |
fees if, within 2 years after honorable termination of such |
service, training, or education, the applicant furnishes the |
Department with satisfactory evidence to the effect that the |
applicant has been so engaged and that the individual's |
service, training, or education has been so terminated. |
(d) Any licensee who engages in the practice of advanced |
practice nursing with a lapsed license or while on inactive |
status shall be considered to be practicing without a license, |
which shall be grounds for discipline under Section 70-5 of |
this Act. |
(e) Pending restoration of an advanced practice nurse |
license under this Section, the Department may grant an |
applicant a temporary permit to practice as an advanced |
practice nurse if the Department is satisfied that the |
|
applicant holds an active, unencumbered license in good |
standing in another jurisdiction. If the applicant holds more |
than one current active license or one or more active temporary |
licenses from another jurisdiction, the Department shall not |
issue a temporary permit until it is satisfied that each |
current active license held by the applicant is unencumbered. |
The temporary permit, which shall be issued no later than 14 |
working days after receipt by the Department of an application |
for the permit, shall be granted upon the submission of all of |
the following to the Department: |
(1) A signed and completed application for restoration |
of licensure under this Section as an advanced practice |
nurse. |
(2) Proof of (i) a current, active license in at least |
one other jurisdiction and proof that each current, active |
license or temporary permit held by the applicant is |
unencumbered or (ii) fitness to practice nursing in |
Illinois, as specified by rule. |
(3) A signed and completed application for a temporary |
permit. |
(4) The required permit fee. |
(5) Other proof as established by rule. |
(f) The Department may refuse to issue to an applicant a |
temporary permit authorized under this Section if, within 14 |
working days after its receipt of an application for a |
temporary permit, the Department determines that: |
|
(1) the applicant has been convicted within the last 5 |
years of any crime under the laws of any jurisdiction of |
the United States that is (i) a felony or (ii) a |
misdemeanor directly related to the practice of the |
profession; |
(2) within the last 5 years, the applicant had a |
license or permit related to the practice of nursing |
revoked, suspended, or placed on probation by another |
jurisdiction if at least one of the grounds for revoking, |
suspending, or placing on probation is the same or |
substantially equivalent to grounds for disciplinary |
action under this Act; or |
(3) the Department intends to deny restoration of the |
license. |
(g) The Department may revoke a temporary permit issued |
under this Section if: |
(1) the Department determines that the applicant has |
been convicted within the last 5 years of any crime under |
the laws of any jurisdiction of the United States that is |
(i) a felony or (ii) a misdemeanor directly related to the |
practice of the profession; |
(2) within the last 5 years, the applicant had a |
license or permit related to the practice of nursing |
revoked, suspended, or placed on probation by another |
jurisdiction, if at least one of the grounds for revoking, |
suspending, or placing on probation is the same or |
|
substantially equivalent to grounds in Illinois; or |
(3) the Department intends to deny restoration of the |
license. |
(h) A temporary permit or renewed temporary permit shall |
expire (i) upon issuance of an Illinois license or (ii) upon |
notification that the Department intends to deny restoration of |
licensure. Except as otherwise provided in this Section, a |
temporary permit shall expire 6 months from the date of |
issuance. Further renewal may be granted by the Department in |
hardship cases that shall automatically expire upon issuance of |
the Illinois license or upon notification that the Department |
intends to deny licensure, whichever occurs first. No |
extensions shall be granted beyond the 6-month period unless |
approved by the Secretary. Notification by the Department under |
this Section must be by certified or registered mail. |
(225 ILCS 65/65-25 new)
|
Sec. 65-25. Inactive status of a APN license. Any advanced |
practice nurse who notifies the Department in writing on forms |
prescribed by the Department may elect to place his or her |
license on inactive status and shall, subject to rules of the |
Department, be excused from payment of renewal fees until |
notice is given to the Department in writing of his or her |
intent to restore the license. |
Any advanced practice nurse requesting restoration from |
inactive status shall be required to pay the current renewal |
|
fee and shall be required to restore his or her license, as |
provided by rule of the Department. |
Any advanced practice nurse whose license is on inactive |
status shall not practice advanced practice nursing, as defined |
by this Act in the State of Illinois. |
(225 ILCS 65/65-30 new)
|
Sec. 65-30. APN scope of practice.
|
(a) Advanced practice nursing by certified nurse |
practitioners, certified nurse anesthetists, certified nurse |
midwives, or clinical nurse specialists is based on knowledge |
and skills acquired throughout an advanced practice nurse's |
nursing education, training, and experience. |
(b) Practice as an advanced practice nurse means a scope of |
nursing practice, with or without compensation, and includes |
the registered nurse scope of practice. |
(c) The scope of practice of an advanced practice nurse |
includes, but is not limited to, each of the following: |
(1) Advanced nursing patient assessment and diagnosis. |
(2) Ordering diagnostic and therapeutic tests and |
procedures, performing those tests and procedures when using |
health care equipment, and interpreting and using the results |
of diagnostic and therapeutic tests and procedures ordered by |
the advanced practice nurse or another health care |
professional. |
(3) Ordering treatments, ordering or applying |
|
appropriate medical devices, and using nursing medical, |
therapeutic, and corrective measures to treat illness and |
improve health status. |
(4) Providing palliative and end-of-life care. |
(5) Providing advanced counseling, patient education, |
health education, and patient advocacy. |
(6) Prescriptive authority as defined in Section 65-40 |
of this Act. |
(7) Delegating selected nursing activities or tasks to |
a licensed practical nurse, a registered professional nurse, or |
other personnel.
|
(225 ILCS 65/65-35 new)
(was 225 ILCS 65/15-15)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 65-35
15-15 . Written collaborative
agreements.
|
(a) A written collaborative agreement is required for all |
advanced practice nurses engaged in clinical practice, except |
for advanced practice nurses who are authorized to practice in |
a hospital or ambulatory surgical treatment center. |
(a-5) If an advanced practice nurse engages in clinical |
practice outside of a hospital or ambulatory surgical treatment |
center in which he or she is authorized to practice, the |
advanced practice nurse must have a written collaborative |
agreement.
Except as provided in Section 15-25, no person shall |
engage in the
practice of advanced
practice nursing except when |
licensed under this
Title and pursuant to a written |
|
collaborative
agreement with a collaborating physician.
|
(b) A written collaborative
agreement shall describe the |
working relationship of the
advanced practice nurse with the |
collaborating
physician or podiatrist and shall authorize the |
categories of
care, treatment, or procedures to be performed by |
the advanced
practice nurse. A collaborative agreement with a |
dentist must be in accordance with subsection (c-10) of this |
Section. Collaboration does not require an
employment |
relationship between the collaborating physician
and advanced |
practice nurse. Collaboration means
the relationship under
|
which an advanced practice nurse works with a collaborating
|
physician or podiatrist in an active clinical practice to |
deliver health care services in
accordance with
(i) the |
advanced practice nurse's training, education,
and experience |
and (ii) collaboration and consultation
medical direction as |
documented in a
jointly developed written collaborative
|
agreement.
|
The agreement shall be defined to promote the
exercise of |
professional judgment by the advanced practice
nurse |
commensurate with his or her education and
experience. The |
services to be provided by the advanced
practice nurse shall be |
services that the
collaborating physician or podiatrist is |
authorized to and generally provides to his or her
patients in |
the normal course of his or her clinical medical practice , |
except as set forth in subsection (c-5) of this Section .
The |
agreement need not describe the exact steps that an advanced |
|
practice
nurse must take with respect to each specific |
condition, disease, or symptom
but must specify
which |
authorized procedures require the
a physician's presence of the |
collaborating physician or podiatrist as
the procedures are |
being performed. The collaborative
relationship under an |
agreement shall not be
construed to require the personal |
presence of a physician or podiatrist at
all times at the place |
where services are rendered.
Methods of communication shall
be |
available for consultation with the collaborating
physician or |
podiatrist in person or by telecommunications in accordance |
with
established written guidelines as set forth in the written
|
agreement.
|
(c) Collaboration and consultation
Physician medical |
direction under all collaboration agreements
an agreement
|
shall be adequate if a
collaborating physician or podiatrist |
does each of the following :
|
(1) Participates
participates in the joint formulation |
and joint approval of orders or
guidelines with the |
advanced practice nurse
APN and he or she periodically |
reviews such orders and the
services provided patients |
under such orders in accordance with accepted
standards of |
medical practice and advanced practice nursing practice . ;
|
(2) Meets in person with the advanced practice nurse
is |
on site at least once a month to provide collaboration
|
medical direction and
consultation . In the case of |
anesthesia services provided by a certified registered |
|
nurse anesthetist, an anesthesiologist, physician, |
dentist, or podiatrist must participate through discussion |
of and agreement with the anesthesia plan and remain |
physically present and available on the premises during the |
delivery of anesthesia services for diagnosis, |
consultation, and treatment of emergency medical |
conditions. ; and
|
(3) Is
is available through telecommunications for |
consultation on medical
problems, complications, or |
emergencies or patient referral. In the case of anesthesia |
services provided by a certified registered nurse |
anesthetist, an anesthesiologist, physician, dentist, or |
podiatrist must participate through discussion of and |
agreement with the anesthesia plan and remain physically |
present and available on the premises during the delivery |
of anesthesia services for diagnosis, consultation, and |
treatment of emergency medical conditions.
|
The agreement must contain provisions detailing notice for |
termination or change of status involving a written |
collaborative agreement, except when such notice is given for |
just cause. |
(c-5) A certified registered nurse anesthetist, who |
provides anesthesia services outside of a hospital or |
ambulatory surgical treatment center shall enter into a written |
collaborative agreement with an anesthesiologist or the |
physician licensed to practice medicine in all its branches or |
|
the podiatrist performing the procedure. Outside of a hospital |
or ambulatory surgical treatment center, the certified |
registered nurse anesthetist may provide only those services |
that the collaborating podiatrist is authorized to provide |
pursuant to the Podiatric Medical Practice Act of 1987 and |
rules adopted thereunder. A certified registered nurse |
anesthetist may select, order, and administer medication, |
including controlled substances, and apply appropriate medical |
devices for delivery of anesthesia services under the |
anesthesia plan agreed with by the anesthesiologist or the |
operating physician or operating podiatrist. |
(c-10) A certified registered nurse anesthetist who |
provides anesthesia services in a dental office shall enter |
into a written collaborative agreement with an |
anesthesiologist or the physician licensed to practice |
medicine in all its branches or the operating dentist |
performing the procedure. The agreement shall describe the |
working relationship of the certified registered nurse |
anesthetist and dentist and shall authorize the categories of |
care, treatment, or procedures to be performed by the certified |
registered nurse anesthetist. In a collaborating dentist's |
office, the certified registered nurse anesthetist may only |
provide those services that the operating dentist with the |
appropriate permit is authorized to provide pursuant to the |
Illinois Dental Practice Act and rules adopted thereunder. For |
anesthesia services, an anesthesiologist, physician, or |
|
operating dentist shall participate through discussion of and |
agreement with the anesthesia plan and shall remain physically |
present and be available on the premises during the delivery of |
anesthesia services for diagnosis, consultation, and treatment |
of emergency medical conditions. A certified registered nurse |
anesthetist may select, order, and administer medication, |
including controlled substances, and apply appropriate medical |
devices for delivery of anesthesia services under the |
anesthesia plan agreed with by the operating dentist. |
(d) A copy of the signed, written collaborative agreement |
must be available
to the Department upon request from both the |
advanced practice nurse
and the collaborating physician or |
podiatrist
and shall be annually updated . |
(e) Nothing in this Act shall be construed to limit the |
delegation of tasks or duties by a physician to a licensed |
practical nurse, a registered professional nurse, or other |
persons. |
(f) An advanced
practice nurse shall inform each |
collaborating physician , dentist, or podiatrist of all |
collaborative
agreements he or she
has signed and provide a |
copy of these to any collaborating physician, dentist, or |
podiatrist upon
request.
|
(Source: P.A. 90-742, eff. 8-13-98; 91-414, eff. 8-6-99.)
|
(225 ILCS 65/65-40 new)
(was 225 ILCS 65/15-20)
|
(Section scheduled to be repealed on January 1, 2008)
|
|
Sec. 65-40
15-20 . Prescriptive authority.
|
(a) A collaborating
physician or podiatrist may, but is not |
required to, delegate limited
prescriptive authority to an |
advanced practice
nurse as part of a written collaborative |
agreement. This authority may, but is
not required to, include
|
prescription of, selection of, orders for, administration of, |
storage of, acceptance of samples of, and dispensing over the |
counter medications, legend drugs, medical gases, and |
dispensing of legend drugs and legend controlled
substances |
categorized as
Schedule III, III-N, IV,
or V controlled |
substances, as defined in Article II of the
Illinois Controlled |
Substances Act , and other preparations, including, but not |
limited to, botanical and herbal remedies. The collaborating |
physician or podiatrist must have a valid current Illinois |
controlled substance license and federal registration to |
delegate authority to prescribe delegated controlled |
substances .
|
(b) To prescribe Schedule III, IV, or V controlled
|
substances under this Section, an advanced practice
nurse must |
obtain a mid-level practitioner controlled substance license.
|
Medication orders shall be
reviewed
periodically by the |
collaborating physician or podiatrist .
|
(c) The collaborating physician or podiatrist shall file |
with the
Department notice of delegation of prescriptive |
authority
and
termination of such delegation, in accordance |
with rules of the Department.
Upon receipt of this notice |
|
delegating authority to prescribe Schedule III,
III-N, IV, or V |
controlled substances, the licensed advanced practice nurse |
shall be
eligible to register for a mid-level practitioner |
controlled substance license
under Section 303.05 of the |
Illinois Controlled Substances Act.
|
(d) In addition to the requirements of subsections (a), |
(b), and (c) of this Section, a collaborating physician may, |
but is not required to, delegate authority to an advanced |
practice nurse to prescribe Schedule II or II-N controlled |
substances, if all of the following conditions apply: |
(1) No more than 5 Schedule II or II-N controlled |
substances by oral dosage may be delegated. |
(2) Any delegation must be controlled substances that |
the collaborating physician prescribes. |
(3) Any prescription must be limited to no more than a |
30-day oral dosage, with any continuation authorized only |
after prior approval of the collaborating physician. |
(4) The advanced practice nurse must discuss the |
condition of any patients for whom a controlled substance |
is prescribed monthly with the delegating physician.
|
(e)
(d) Nothing in this Act shall be construed to limit the |
delegation of tasks
or duties by a physician to a licensed |
practical nurse, a registered
professional nurse, or other |
persons
personnel .
|
(Source: P.A. 90-742, eff. 8-13-98; 90-818, eff. 3-23-99.)
|
|
(225 ILCS 65/65-45 new)
(was 225 ILCS 65/15-25)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 65-45
15-25 . Advanced practice nursing in hospitals or |
ambulatory surgical treatment centers
Certified registered |
nurse anesthetists .
|
(a) An advanced practice nurse
A licensed certified |
registered nurse anesthetist may provide anesthesia
services |
pursuant to the order of a licensed physician,
licensed |
dentist, or
licensed podiatrist in a licensed hospital or , a |
licensed ambulatory surgical
treatment center without |
prescriptive authority or a written collaborative agreement |
pursuant to Section 65-35 of this Act , or the office of a
|
licensed physician, the office of a licensed dentist, or the |
office of a
licensed
podiatrist . An advanced practice nurse |
must possess clinical privileges recommended by the hospital |
medical staff and granted by the hospital or the consulting |
medical staff committee and ambulatory surgical treatment |
center in order to provide services. The medical staff or |
consulting medical staff committee shall periodically review |
the services of advanced practice nurses granted clinical |
privileges. Authority may also be granted to individual |
advanced practice nurses to select, order, and administer |
medications, including controlled substances, to provide |
delineated care. The attending physician shall determine an |
advanced practice nurse's role in providing care for his or her |
patients, except as otherwise provided in the medical staff |
|
bylaws or consulting committee policies.
|
(a-5) For
anesthesia services provided by a certified |
registered nurse anesthetist , an anesthesiologist,
physician, |
dentist,
or podiatrist shall participate through discussion of |
and agreement with the
anesthesia plan and shall
remain
|
physically present
and be available on the premises during the |
delivery of anesthesia services for
diagnosis, consultation, |
and treatment of
emergency medical conditions, unless hospital |
policy adopted pursuant to
clause (B) of subdivision (3) of |
Section 10.7 of the Hospital Licensing Act
or ambulatory |
surgical treatment center policy adopted pursuant to
clause (B) |
of subdivision (3) of Section 6.5 of the Ambulatory Surgical
|
Treatment Center Act
provides otherwise. A certified |
registered nurse anesthetist may select, order, and administer |
medication for anesthesia services under the anesthesia plan |
agreed to by the anesthesiologist or the physician, in |
accordance with hospital alternative policy or the medical |
staff consulting committee policies of a licensed ambulatory |
surgical treatment center.
|
(b) An advanced practice
A certified registered nurse |
anesthetist who provides anesthesia
services in a hospital |
shall do so in accordance with Section 10.7 of the
Hospital
|
Licensing Act and, in an
ambulatory surgical treatment center, |
in accordance with Section 6.5 of the
Ambulatory
Surgical |
Treatment Center Act.
|
(c) A certified registered nurse anesthetist who provides |
|
anesthesia
services in a physician office, dental office, or |
podiatric
office
shall enter into a written
practice agreement
|
with an
anesthesiologist or the physician licensed to practice |
medicine in all its
branches, the dentist, or
the podiatrist |
performing the procedure. The agreement shall describe the
|
working relationship of the certified registered nurse |
anesthetist and
anesthesiologist, physician,
dentist, or |
podiatrist and shall
authorize the categories of care, |
treatment, or procedures to be
performed by the certified |
registered nurse anesthetist. In a dentist's
office, the |
certified
registered nurse anesthetist may only provide those
|
services the dentist is authorized to provide pursuant to the |
Illinois Dental
Practice Act and
rules. In a podiatrist's |
office, the certified registered nurse anesthetist
may
only |
provide those services the podiatrist is
authorized to provide |
pursuant to the Podiatric Medical Practice Act of 1987
and |
rules. For
anesthesia services, an anesthesiologist,
|
physician, dentist,
or podiatrist shall participate through |
discussion of and agreement with the
anesthesia plan and shall
|
remain
physically present
and be available on the premises |
during the delivery of anesthesia services
for diagnosis, |
consultation, and treatment of
emergency medical conditions.
|
(d) A certified registered nurse anesthetist is not |
required to possess
prescriptive authority or a written |
collaborative agreement meeting the
requirements of Section |
15-15 to provide
anesthesia services ordered by a licensed |
|
physician,
dentist, or podiatrist. Certified registered nurse |
anesthetists are
authorized to select, order, and administer |
drugs and apply
the appropriate medical devices in the |
provision of
anesthesia services under the
anesthesia plan |
agreed with by the anesthesiologist
or the
physician in |
accordance with hospital alternative policy
or the medical |
staff consulting committee
policies of a licensed ambulatory |
surgical
treatment center. In a physician's office, dentist's |
office, or podiatrist's
office, the anesthesiologist, |
operating physician, operating
dentist, or operating |
podiatrist shall agree with the anesthesia plan, in
accordance |
with the written practice agreement.
|
(e) A certified registered nurse anesthetist may be |
delegated limited
prescriptive authority under Section
15-20 |
in a written collaborative agreement meeting the requirements |
of Section
15-15.
|
(Source: P.A. 91-414, eff. 8-6-99.)
|
(225 ILCS 65/65-50 new)
(was 225 ILCS 65/15-30)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 65-50
15-30 . APN title
Title .
|
(a) No person shall use any words, abbreviations, figures,
|
letters, title, sign, card, or device tending to imply that
he |
or she is an advanced practice nurse, including
but not limited |
to using the titles or initials "Advanced
Practice Nurse", |
"Certified Nurse Midwife", "Certified Nurse Practitioner",
|
|
"Certified Registered Nurse Anesthetist", "Clinical Nurse |
Specialist",
"A.P.N.", "C.N.M.", "C.N.P.",
"C.R.N.A.", |
"C.N.S.", or similar titles or initials, with the
intention of |
indicating practice as an advanced practice
nurse without |
meeting the requirements of this
Act.
|
(b) No advanced practice nurse shall indicate to other |
persons that he or she is qualified to engage in the practice |
of medicine.
No advanced practice nurse shall
use the title of |
doctor or associate with his or her name or
any other term to |
indicate to other persons that he
or she is qualified to engage |
in the general practice of
medicine.
|
(c)
(b) An advanced practice nurse shall verbally
identify |
himself or herself as an advanced practice
nurse , including |
specialty certification , to each
patient.
|
(d)
(c) Nothing in this Act shall be construed to relieve
a |
physician of professional or legal responsibility for the
care |
and treatment of persons attended by him or her or to
relieve
|
an advanced practice nurse of the
professional or legal |
responsibility for the care and
treatment of persons attended |
by him or her.
|
(Source: P.A. 90-742, eff. 8-13-98; 91-414, eff. 8-6-99.)
|
(225 ILCS 65/65-55 new)
(was 225 ILCS 65/15-40)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 65-55
15-40 . Advertising as an APN .
|
(a) A person licensed under this Act as an advanced |
|
practice nurse
Title
may advertise the availability of |
professional services in
the public media or on the premises |
where the professional
services are rendered. The advertising |
shall be limited to
the following information:
|
(1) publication of the person's name, title, office
|
hours, address, and telephone number;
|
(2) information pertaining to the person's areas of
|
specialization, including but not limited to appropriate |
board certification
or limitation of professional |
practice;
|
(3) publication of the person's collaborating
|
physician's , dentist's, or podiatrist's name, title, and |
areas of specialization;
|
(4) information on usual and customary fees for
routine |
professional services offered, which shall include |
notification that
fees may be
adjusted due to complications |
or unforeseen circumstances;
|
(5) announcements of the opening of, change of,
absence |
from, or return to business;
|
(6) announcement of additions to or deletions from
|
professional licensed staff; and
|
(7) the issuance of business or appointment cards.
|
(b) It is unlawful for a person licensed under this Act as |
an advanced practice nurse
Title to use testimonials or claims |
of superior quality of
care to entice the public. It shall be |
unlawful to advertise
fee comparisons of available services |
|
with those of other
licensed persons.
|
(c) This Article
Title does not authorize the advertising |
of
professional services that the offeror of the services is
|
not licensed or authorized to render. Nor shall the
advertiser |
use statements that contain false, fraudulent,
deceptive, or |
misleading material or guarantees of success,
statements that |
play upon the vanity or fears of the public,
or statements that |
promote or produce unfair competition.
|
(d) It is unlawful and punishable under the penalty
|
provisions of this Act for a person licensed under this Article
|
Title to
knowingly advertise that the licensee will accept as |
payment
for services rendered by assignment from any third |
party
payor the amount the third party payor covers as payment |
in
full, if the effect is to give the impression of eliminating
|
the need of payment by the patient of any required deductible
|
or copayment applicable in the patient's health benefit plan.
|
(e)
(d-5) A licensee shall include in every advertisement |
for services
regulated under this Act his or her title as it |
appears on the license or the
initials authorized under this |
Act.
|
(f)
(e) As used in this Section, "advertise" means
|
solicitation by the licensee or through another person or |
entity by means of
handbills, posters, circulars, motion |
pictures, radio,
newspapers, or television or any other manner.
|
(Source: P.A. 90-742, eff. 8-13-98; 91-310, eff. 1-1-00.)
|
|
(225 ILCS 65/65-60 new)
(was 225 ILCS 65/15-45)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 65-60
15-45 . Continuing education. The Department |
shall
adopt rules of continuing education for persons licensed
|
under this Article
Title that require 50 hours of
continuing |
education per 2-year license renewal cycle. Completion of the |
50 hours of continuing education shall be deemed to satisfy the |
continuing education requirements for renewal of a registered |
professional nurse license as required by this Act. The
rules |
shall not be inconsistent with requirements of relevant |
national
certifying bodies or
State or national professional |
associations.
The rules shall also address variances in part or |
in whole for good
cause, including but not limited to illness |
or
hardship.
The continuing education rules shall assure that |
licensees are given the
opportunity to participate in programs |
sponsored by or
through their State or national professional |
associations, hospitals,
or other providers of continuing |
education. Each licensee is
responsible
for maintaining |
records of completion of continuing education
and shall be |
prepared to produce the records when requested
by the |
Department.
|
(Source: P.A. 92-750, eff. 1-1-03.)
|
(225 ILCS 65/65-65 new)
(was 225 ILCS 65/15-55)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 65-65
15-55 . Reports relating to APN professional |
|
conduct and
capacity.
|
(a) Entities Required to Report.
|
(1) Health Care Institutions. The chief
administrator |
or executive officer of a health care
institution licensed |
by the Department of Public
Health, which provides the |
minimum due process set forth
in Section 10.4 of the |
Hospital Licensing Act, shall
report to the APN Board when |
an advanced practice nurse's
a licensee's organized |
professional staff
clinical
privileges are terminated or |
are restricted based on a
final determination, in |
accordance with that
institution's bylaws or rules and |
regulations, that (i) a
person has either committed an act |
or acts that may
directly threaten patient care and that |
are not of an
administrative nature or (ii) that a person |
may be mentally
or physically disabled in a manner that may |
endanger
patients under that person's care. The chief |
administrator or officer
shall also report if an advanced |
practice nurse
a licensee accepts voluntary termination or
|
restriction of clinical privileges in lieu of formal
action |
based upon conduct related directly to patient
care and not |
of an administrative nature, or in lieu of
formal action |
seeking to determine whether a person may
be mentally or |
physically disabled in a manner that may
endanger patients |
under that person's care. The
APN Board shall provide by |
rule for the reporting to it of
all instances in which a |
person licensed under this Article
Title , who is impaired |
|
by reason of age, drug, or
alcohol abuse or physical or |
mental impairment, is under
supervision and, where |
appropriate, is in a program of
rehabilitation. Reports |
submitted under this subsection shall be strictly
|
confidential and may be reviewed and considered only by
the |
members of the APN Board or authorized staff as
provided by |
rule of the APN Board. Provisions shall be
made for the |
periodic report of the status of any such reported
person |
not less than twice annually in order that the
APN Board |
shall have current information upon which to
determine the |
status of that person. Initial
and periodic reports of |
impaired advanced practice
nurses shall not be considered |
records within
the meaning of the State Records Act and |
shall be
disposed of, following a determination by the APN
|
Board
that such reports are no longer required, in a manner |
and
at an appropriate time as the APN Board shall determine |
by rule.
The filing of reports submitted under this |
subsection shall be construed as the
filing of a report for |
purposes of subsection (c) of this
Section.
|
(2) Professional Associations. The President or
chief |
executive officer of an association or society of
persons |
licensed under this Article
Title , operating within
this |
State, shall report to the APN Board when the
association |
or society renders a final determination that
a person |
licensed under this Article
Title has committed |
unprofessional conduct
related
directly to patient care or |
|
that a person may be mentally
or physically disabled in a |
manner that may endanger
patients under the person's care.
|
(3) Professional Liability Insurers. Every
insurance |
company that offers policies of professional
liability |
insurance to persons licensed under this
Article
Title , or |
any other entity that seeks to indemnify the
professional |
liability of a person licensed under this
Article
Title , |
shall report to the APN Board the settlement of
any claim |
or cause of action, or final judgment rendered
in any cause |
of action, that alleged negligence in the
furnishing of |
patient care by the licensee when
the settlement or final |
judgment is in favor of the
plaintiff.
|
(4) State's Attorneys. The State's Attorney of each
|
county shall report to the APN Board all instances in
which |
a person licensed under this Article
Title is convicted
or |
otherwise found guilty of the commission of a
felony.
|
(5) State Agencies. All agencies, boards,
commissions, |
departments, or other instrumentalities of
the government |
of this State shall report to
the APN Board any instance |
arising in connection with
the operations of the agency, |
including the
administration of any law by the agency, in |
which a
person licensed under this Article
Title has either |
committed
an act or acts that may constitute a violation of |
this Article
Title ,
that may constitute unprofessional |
conduct related
directly to patient care, or that indicates |
that a person
licensed under this Article
Title may be |
|
mentally or physically
disabled in a manner that may |
endanger patients under
that person's care.
|
(b) Mandatory Reporting. All reports required under items
|
(16) and (17)
(8) and (9) of subsection (a) of Section 70-5
|
15-50 and under this Section shall
be submitted to
the APN
|
Board in a timely fashion. The reports shall be filed in |
writing
within
60 days after a determination that a report is |
required
under this Article
Title . All reports shall contain |
the following
information:
|
(1) The name, address, and telephone number of the
|
person making the report.
|
(2) The name, address, and telephone number of the
|
person who is the subject of the report.
|
(3) The name or other means of identification of any
|
patient or patients whose treatment is a subject of the
|
report, except that no medical records may be
revealed |
without the written consent of the patient or
patients.
|
(4) A brief description of the facts that gave rise
to |
the issuance of the report, including but not limited to |
the dates of any
occurrences deemed to necessitate the |
filing of the
report.
|
(5) If court action is involved, the identity of the
|
court in which the action is filed, the docket
number, and |
date of filing of the action.
|
(6) Any further pertinent information that the
|
reporting party deems to be an aid in the evaluation of
the |
|
report.
|
Nothing contained in this Section shall be construed
to in |
any way waive or modify the confidentiality of
medical reports |
and committee reports to the extent
provided by law. Any |
information reported or disclosed
shall be kept for the |
confidential use of the APN Board,
the APN Board's attorneys, |
the investigative staff, and
authorized clerical staff and |
shall be afforded the
same status as is provided information |
concerning medical
studies in Part 21 of Article VIII of the |
Code of Civil
Procedure.
|
(c) Immunity from Prosecution. An individual or
|
organization acting in good faith, and not in a wilful and
|
wanton manner, in complying with this Section
Title by |
providing
a report or other information to the APN Board, by
|
assisting in the investigation or preparation of a report or
|
information, by participating in proceedings of the
APN Board, |
or by serving as a member of the Board shall not, as
a result of |
such actions, be subject to criminal prosecution
or civil |
damages.
|
(d) Indemnification. Members of the APN Board, the
APN
|
Board's attorneys, the investigative staff, advanced
practice |
nurses or physicians retained under
contract to assist and |
advise in the investigation, and
authorized clerical staff |
shall be indemnified by the State
for any actions (i) occurring |
within the scope of services on the
APN Board, (ii) performed |
in good faith, and (iii) not wilful and wanton in
nature. The |
|
Attorney General shall defend all actions taken against those
|
persons
unless he or she determines either that there would be |
a
conflict of interest in the representation or that the
|
actions complained of were not performed in good faith or were |
wilful
and wanton in nature. If the Attorney General declines
|
representation, the member shall have the right to employ
|
counsel of his or her choice, whose fees shall be provided by
|
the State, after approval by the Attorney General, unless
there |
is a determination by a court that the member's actions
were |
not performed in good faith or were wilful and wanton in |
nature. The
member
shall notify the Attorney General within 7 |
days of receipt of
notice of the initiation of an action |
involving services of
the APN Board. Failure to so notify the |
Attorney General
shall constitute an absolute waiver of the |
right to a defense
and indemnification. The Attorney General |
shall determine
within 7 days after receiving the notice |
whether he or she
will undertake to represent the member.
|
(e) Deliberations of APN Board. Upon the receipt of a
|
report called for by this Section
Title , other than those |
reports
of impaired persons licensed under this Article
Title
|
required
pursuant to the rules of the APN Board, the APN Board |
shall
notify in writing by certified mail the person who is the
|
subject of the report. The notification shall be made
within 30 |
days of receipt by the APN Board of the report.
The |
notification shall include a written notice setting forth
the |
person's right to examine the report. Included in the
|
|
notification shall be the address at which the file is
|
maintained, the name of the custodian of the reports, and the
|
telephone number at which the custodian may be reached. The
|
person who is the subject of the report shall submit a
written |
statement responding to, clarifying, adding to, or
proposing to |
amend the report previously filed. The
statement shall become a |
permanent part of the file and shall
be received by the APN |
Board no more than 30 days after the
date on which the person |
was notified of the existence of the
original report. The APN
|
Board shall review all reports
received by it and any |
supporting information and
responding statements submitted by |
persons who are the
subject of reports. The review by the APN
|
Board shall be in
a timely manner but in no event shall the APN
|
Board's
initial review of the material contained in each |
disciplinary
file be less than 61 days nor more than 180 days |
after the
receipt of the initial report by the APN Board. When |
the
APN Board makes its initial review of the materials
|
contained within its disciplinary files, the APN Board
shall, |
in writing, make a determination as to whether there
are |
sufficient facts to warrant further investigation or
action. |
Failure to make that determination within the time
provided |
shall be deemed to be a determination that there are
not |
sufficient facts to warrant further investigation or
action. |
Should the APN Board find that there are not
sufficient facts |
to warrant further investigation or action,
the report shall be |
accepted for filing and the matter shall
be deemed closed and |
|
so reported. The individual or entity
filing the original |
report or complaint and the person who is
the subject of the |
report or complaint shall be notified in
writing by the APN
|
Board of any final action on their report
or complaint.
|
(f) Summary Reports. The APN Board shall prepare, on a
|
timely basis, but in no event less than one every other
month, |
a summary report of final actions taken upon
disciplinary files |
maintained by the APN Board. The summary
reports shall be made |
available to the public upon request and payment of the fees |
set by the Department. This publication may be made available |
to the public on the Department's Internet website
sent by the |
APN Board to every health care
facility licensed by the |
Department of Public
Health, every professional association |
and society of persons
licensed under this Title functioning on |
a statewide basis in
this State, all insurers providing |
professional liability
insurance to persons licensed under |
this Title in this State, and the
Illinois Pharmacists
|
Association .
|
(g) Any violation of this Section shall constitute a Class |
A
misdemeanor.
|
(h) If a person violates the provisions of this
Section, an |
action may be brought in the name of the People of
the State of |
Illinois, through the Attorney General of the
State of |
Illinois, for an order enjoining the violation or
for an order |
enforcing compliance with this Section. Upon
filing of a |
verified petition in court, the court may
issue a temporary |
|
restraining order without notice or bond
and may preliminarily |
or permanently enjoin the violation,
and if it is established |
that the person has violated or is
violating the injunction, |
the court may punish the offender
for contempt of court. |
Proceedings under this subsection
shall be in addition to, and |
not in lieu of, all other
remedies and penalties provided for |
by this Section.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
(225 ILCS 65/Art. 70 heading new) (was 225 ILCS 65/Tit. 20 |
heading) |
ARTICLE 70
TITLE 20 . ADMINISTRATION AND ENFORCEMENT
|
(225 ILCS 65/70-5 new)
(was 225 ILCS 65/10-45)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-5
10-45 . Grounds for disciplinary action.
|
(a) The Department may , upon recommendation of the Board,
|
refuse to issue or
to renew, or may revoke, suspend, place on
|
probation, reprimand, or take other disciplinary or |
non-disciplinary action as the Department
may deem |
appropriate , including fines not to exceed $10,000 per |
violation, with regard to a license for any one or combination
|
of the causes set forth in subsection (b) below. Fines up to
|
$2,500 may be imposed
in conjunction with other forms of |
disciplinary action for those violations
that result in |
monetary gain for the licensee. Fines shall not be
the
|
|
exclusive disposition of any disciplinary action arising out of |
conduct
resulting in death or injury to a patient. Fines shall |
not be assessed in
disciplinary actions involving mental or |
physical illness or impairment.
All fines collected under this |
Section shall be deposited in the Nursing
Dedicated and |
Professional Fund.
|
(b) Grounds for disciplinary action include the following:
|
(1) Material deception in furnishing information to |
the
Department.
|
(2) Material violations of any provision of this Act or |
violation of the rules of or final administrative action of
|
the Secretary
Director , after consideration of the |
recommendation of the Board.
|
(3) Conviction by plea of guilty or nolo contendere, |
finding of guilt, jury verdict, or entry of judgment or by |
sentencing of any crime, including, but not limited to, |
convictions, preceding sentences of supervision, |
conditional discharge, or first offender probation,
of any |
crime under the laws of any jurisdiction
of the
United |
States: (i) that
which is a felony; or (ii) that
which is a |
misdemeanor, an
essential element of which is dishonesty, |
or that
(iii) of any crime which is
directly related to the |
practice of the profession.
|
(4) A pattern of practice or other behavior which |
demonstrates
incapacity
or incompetency to practice under |
this Act.
|
|
(5) Knowingly aiding or assisting another person in |
violating
any
provision of this Act or rules.
|
(6) Failing, within 90 days, to provide a response to a |
request
for
information in response to a written request |
made by the Department by
certified mail.
|
(7) Engaging in dishonorable, unethical or |
unprofessional
conduct of a
character likely to deceive, |
defraud or harm the public, as defined by
rule.
|
(8) Unlawful taking, theft, selling, distributing, or |
manufacturing
sale or distribution of any drug, narcotic, |
or
prescription
device , or unlawful conversion of any drug, |
narcotic or prescription
device .
|
(9) Habitual or excessive use or addiction to alcohol,
|
narcotics,
stimulants, or any other chemical agent or drug |
that could result
which results in a licensee's
inability |
to practice with reasonable judgment, skill or safety.
|
(10) Discipline by another U.S. jurisdiction or |
foreign
nation, if at
least one of the grounds for the |
discipline is the same or substantially
equivalent to those |
set forth in this Section.
|
(11) A finding that the licensee, after having her or |
his
license placed on
probationary status or subject to |
conditions or restrictions , has violated the terms of |
probation or failed to comply with such terms or |
conditions .
|
(12) Being named as a perpetrator in an indicated |
|
report by
the
Department of Children and Family Services |
and under the Abused and
Neglected Child Reporting Act, and |
upon proof by clear and
convincing evidence that the |
licensee has caused a child to be an abused
child or |
neglected child as defined in the Abused and Neglected |
Child
Reporting Act.
|
(13) Willful omission to file or record, or willfully |
impeding
the
filing or recording or inducing another person |
to omit to file or record
medical reports as required by |
law or willfully failing to report an
instance of suspected |
child abuse or neglect as required by the Abused and
|
Neglected Child Reporting Act.
|
(14) Gross negligence in the practice of practical, |
professional, or advanced practice nursing.
|
(15) Holding oneself out to be practicing nursing under |
any
name other
than one's own.
|
(16) Failure of a licensee to report to the Department |
any adverse final action taken against him or her by |
another licensing jurisdiction of the United States or any |
foreign state or country, any peer review body, any health |
care institution, any professional or nursing society or |
association, any governmental agency, any law enforcement |
agency, or any court or a nursing liability claim related |
to acts or conduct similar to acts or conduct that would |
constitute grounds for action as defined in this Section. |
(17) Failure of a licensee to report to the Department |
|
surrender by the licensee of a license or authorization to |
practice nursing or advanced practice nursing in another |
state or jurisdiction or current surrender by the licensee |
of membership on any nursing staff or in any nursing or |
advanced practice nursing or professional association or |
society while under disciplinary investigation by any of |
those authorities or bodies for acts or conduct similar to |
acts or conduct that would constitute grounds for action as |
defined by this Section. |
(18) Failing, within 60 days, to provide information in |
response to a written request made by the Department. |
(19) Failure to establish and maintain records of |
patient care and treatment as required by law.
|
(20)
(16) Fraud, deceit or misrepresentation in |
applying for or
procuring
a license under this Act or in |
connection with applying for renewal of a
license under |
this Act.
|
(21)
(17) Allowing another person or organization to |
use the
licensees'
license to deceive the public.
|
(22)
(18) Willfully making or filing false records or |
reports in
the
licensee's practice, including but not |
limited to false
records to support claims against the |
medical assistance program of the
Department of Healthcare |
and Family Services (formerly Department of Public Aid )
|
under the Illinois Public Aid Code.
|
(23)
(19) Attempting to subvert or cheat on a nurse
|
|
licensing
examination
administered under this Act.
|
(24)
(20) Immoral conduct in the commission of an act, |
including, but not limited to,
such as sexual abuse,
sexual |
misconduct, or sexual exploitation, related to the |
licensee's practice.
|
(25)
(21) Willfully or negligently violating the |
confidentiality
between nurse
and patient except as |
required by law.
|
(26)
(22) Practicing under a false or assumed name, |
except as provided by law.
|
(27)
(23) The use of any false, fraudulent, or |
deceptive statement
in any
document connected with the |
licensee's practice.
|
(28)
(24) Directly or indirectly giving to or receiving |
from a person, firm,
corporation, partnership, or |
association a fee, commission, rebate, or other
form of |
compensation for professional services not actually or |
personally
rendered.
|
(25) Failure of a licensee to report to the Department |
any
adverse final
action taken against such licensee by |
another licensing jurisdiction (any other
jurisdiction of |
the United States or any foreign state or country), by any
|
peer review body, by any health care institution, by any |
professional or
nursing society or association, by any |
governmental agency, by any law
enforcement agency, or by |
any court or a nursing liability claim related to
acts or |
|
conduct similar to acts or conduct that would constitute
|
grounds
for action as defined in this Section.
|
(26) Failure of a licensee to report to the Department
|
surrender by the
licensee of a license or authorization to |
practice nursing in another state
or jurisdiction, or |
current surrender by the licensee of membership on any
|
nursing staff or in any nursing or professional association |
or society
while under disciplinary investigation by any of |
those authorities or
bodies for acts or conduct similar to |
acts or conduct that would
constitute grounds for action as |
defined by this Section.
|
(29)
(27) A violation of the Health Care Worker |
Self-Referral Act.
|
(30)
(28) Physical illness, including but not limited |
to deterioration
through
the aging process or loss of motor |
skill, mental illness, or disability that
results in the |
inability to practice the profession with reasonable |
judgment,
skill, or safety.
|
(31) Exceeding the terms of a collaborative agreement |
or the prescriptive authority delegated to a licensee by |
his or her collaborating physician or podiatrist in |
guidelines established under a written collaborative |
agreement. |
(32) Making a false or misleading statement regarding a |
licensee's skill or the efficacy or value of the medicine, |
treatment, or remedy prescribed by him or her in the course |
|
of treatment. |
(33) Prescribing, selling, administering, |
distributing, giving, or self-administering a drug |
classified as a controlled substance (designated product) |
or narcotic for other than medically accepted therapeutic |
purposes. |
(34) Promotion of the sale of drugs, devices, |
appliances, or goods provided for a patient in a manner to |
exploit the patient for financial gain. |
(35) Violating State or federal laws, rules, or |
regulations relating to controlled substances. |
(36) Willfully or negligently violating the |
confidentiality between an advanced practice nurse, |
collaborating physician, dentist, or podiatrist and a |
patient, except as required by law. |
(37) A violation of any provision of this Act or any |
rules promulgated under this Act. |
(c) The determination by a circuit court that a licensee is
|
subject to
involuntary admission or judicial admission as |
provided in the Mental
Health and Developmental Disabilities |
Code, as amended, operates as an
automatic suspension. The |
suspension will end only upon a finding
by a
court that the |
patient is no longer subject to involuntary admission or
|
judicial admission and issues an order so finding and |
discharging the
patient; and upon the recommendation of the |
Board to the
Secretary
Director that
the licensee be allowed to |
|
resume his or her practice.
|
(d) The Department may refuse to issue or may suspend or |
otherwise discipline the
license of any
person who fails to |
file a return, or to pay the tax, penalty or interest
shown in |
a filed return, or to pay any final assessment of the tax,
|
penalty, or interest as required by any tax Act administered by |
the
Illinois Department of Revenue, until such time as the |
requirements of any
such tax Act are satisfied.
|
(e) In enforcing this Act
Section , the Department or Board ,
|
upon a showing of a
possible
violation , may compel an |
individual licensed to practice under this Act , or
who has |
applied for licensure under this Act, to submit
to a mental or |
physical examination, or both, as required by and at the |
expense
of the Department. The Department or Board may order |
the examining physician to
present
testimony concerning the |
mental or physical examination of the licensee or
applicant. No |
information shall be excluded by reason of any common law or
|
statutory privilege relating to communications between the |
licensee or
applicant and the examining physician. The |
examining
physicians
shall be specifically designated by the |
Board or Department.
The individual to be examined may have, at |
his or her own expense, another
physician of his or her choice |
present during all
aspects of this examination. Failure of an |
individual to submit to a mental
or
physical examination, when |
directed, shall result in an automatic
be grounds for
|
suspension without hearing
of his or
her
license until the |
|
individual submits to the examination if the Department
finds,
|
after notice and hearing, that the refusal to submit to the |
examination was
without reasonable cause .
|
All substance-related violations shall mandate an |
automatic substance abuse assessment. Failure to submit to an |
assessment by a licensed physician who is certified as an |
addictionist or an advanced practice nurse with specialty |
certification in addictions may be grounds for an automatic |
suspension, as defined by rule.
|
If the Department or Board finds an individual unable to |
practice or unfit for duty because
of
the
reasons
set forth in |
this Section, the Department or Board may require that |
individual
to submit
to
a substance abuse evaluation
care, |
counseling, or treatment by individuals or programs
physicians
|
approved
or designated by the Department or Board, as a |
condition, term, or restriction
for continued,
reinstated, or
|
renewed licensure to practice; or, in lieu of evaluation
care, |
counseling, or treatment,
the Department may file, or
the Board |
may recommend to the Department to file, a complaint to |
immediately
suspend, revoke, or otherwise discipline the |
license of the individual.
An individual whose
license was |
granted, continued, reinstated, renewed, disciplined or |
supervised
subject to such terms, conditions, or restrictions, |
and who fails to comply
with
such terms, conditions, or |
restrictions, shall be referred to the Secretary
Director for
a
|
determination as to whether the individual shall have his or |
|
her license
suspended immediately, pending a hearing by the |
Department.
|
In instances in which the Secretary
Director immediately |
suspends a person's license
under this Section, a hearing on |
that person's license must be convened by
the Department within |
15 days after the suspension and completed without
appreciable
|
delay.
The Department and Board shall have the authority to |
review the subject
individual's record of
treatment and |
counseling regarding the impairment to the extent permitted by
|
applicable federal statutes and regulations safeguarding the |
confidentiality of
medical records.
|
An individual licensed under this Act and affected under |
this Section shall
be
afforded an opportunity to demonstrate to |
the Department or Board that he or
she can resume
practice in |
compliance with nursing
acceptable and prevailing standards |
under the
provisions of his or her license.
|
(Source: P.A. 90-742, eff. 8-13-98; revised 12-15-05.)
|
(225 ILCS 65/70-10 new)
(was 225 ILCS 65/10-50)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-10
10-50 . Intoxication and drug abuse.
|
(a) A professional assistance program for nurses shall be |
established by
January 1, 1999.
|
(b) The Director shall appoint a task force to advise in |
the creation of the
assistance program. The task force shall |
include members of the Department and
professional nurses, and |
|
shall report its findings and recommendations to the
Committee |
on Nursing.
|
(a)
(c) Any registered professional nurse who is an |
administrator or officer
in any hospital, nursing home, other |
health care agency or facility, or nurse
agency and has |
knowledge of any action or condition which reasonably indicates
|
to her or him that a registered professional nurse or licensed |
practical nurse
is impaired due to the use of alcohol or mood |
altering drugs to the extent that such impairment
employed by |
or practicing nursing in such hospital, nursing home, other |
health
care agency or facility, or nurse agency is habitually |
intoxicated or addicted
to the use of habit-forming drugs to |
the extent that such intoxication or
addiction adversely |
affects such nurse's professional performance, or
unlawfully |
possesses, uses, distributes or converts mood altering
|
habit-forming drugs
belonging to the place of employment
|
hospital, nursing home or other health care agency or
facility |
for such nurse's own use , shall promptly file a written report
|
the individual
thereof to the Department or designee of the |
Department ; provided however, an administrator or officer
need |
not file the report if the nurse participates in a course of |
remedial
professional counseling or medical treatment for |
substance abuse, as long
as such nurse actively pursues such |
treatment under monitoring by the
administrator or officer or |
by the hospital, nursing home, health care
agency or facility, |
or nurse agency and the nurse continues to be employed by
such |
|
hospital, nursing home, health care agency or facility, or |
nurse agency.
The Department shall review all reports received |
by it in a timely manner.
Its initial review shall be completed |
no later than 60 days after receipt of
the report. Within this |
60 day period, the Department shall, in writing, make
a |
determination as to whether there are sufficient facts to |
warrant further
investigation or action. Any nurse |
participating in mandatory reporting to the Department under |
this Section or in good faith assisting another person in |
making such a report shall have immunity from any liability, |
either criminal or civil, that might result by reason of such |
action.
|
Should the Department find insufficient facts to warrant |
further
investigation, or action, the report shall be accepted |
for filing and the
matter shall be deemed closed and so |
reported.
|
Should the Department find sufficient facts to warrant |
further
investigation, such investigation shall be completed |
within 60 days of the
date of the determination of sufficient |
facts to warrant further
investigation or action. Final action |
shall be determined no later than
30 days after the completion |
of the investigation. If there is a finding
which verifies |
habitual intoxication or drug addiction which adversely
|
affects professional performance or the unlawful possession, |
use,
distribution or conversion of habit-forming drugs by the |
reported nurse,
the Department may refuse to issue or renew or |
|
may suspend or revoke that
nurse's license as a registered |
professional nurse or a
licensed practical nurse.
|
Any of the aforementioned actions or a determination that |
there are
insufficient facts to warrant further investigation |
or action shall be
considered a final action. The nurse |
administrator or officer who filed
the original report or |
complaint, and the nurse who is the subject of the
report, |
shall be notified in writing by the Department within 15 days |
of
any final action taken by the Department.
|
(b) Each year on March 1, commencing with the effective |
date of this Act,
the Department shall submit a report to the |
General Assembly. The report
shall include the number of |
reports made under this Section to the
Department during the |
previous year, the number of reports reviewed and
found |
insufficient to warrant further investigation, the number of |
reports
not completed and the reasons for incompletion. This |
report shall be made
available also to nurses requesting the |
report.
|
(c) Any person making a report under this Section or in |
good faith assisting
another person in making such a report |
shall have immunity from any
liability, either criminal or |
civil, that might result by reason of such
action. For the |
purpose of any legal proceeding, criminal or civil, there
shall |
be a rebuttable presumption that any person making a report |
under
this Section or assisting another person in making such |
report was acting
in good faith. All such reports and any |
|
information disclosed to or
collected by the Department |
pursuant to this Section shall remain
confidential records of |
the Department and shall not be disclosed nor be
subject to any |
law or regulation of this State relating to freedom of
|
information or public disclosure of records.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-15 new)
|
Sec. 70-15. Disciplinary and non-disciplinary options for |
the impaired nurse. The Department shall establish by rule a |
program of care, counseling, and treatment for the impaired |
nurse. This program shall allow an impaired nurse to self-refer |
to the program. Individual licensee health care records shall |
be privileged and confidential, unavailable for use in any |
proceeding, and not subject to disclosure. Nothing in this |
Section nor the rules adopted under this Section shall impair |
or prohibit the Department from taking disciplinary action |
based upon the grounds set forth in Section 70-5 of this Act. |
(225 ILCS 65/70-20 new) (was 225 ILCS 65/20-13) |
(Section scheduled to be repealed on January 1, 2008) |
Sec. 70-20
20-13 . Suspension of license or registration for |
failure to pay restitution. The Department, without further |
process or hearing, shall suspend the license or other |
authorization to practice of any person issued under this Act |
who has been certified by court order as not having paid |
|
restitution to a person under Section 8A-3.5 of the Illinois |
Public Aid Code or under Section 46-1 of the Criminal Code of |
1961. A person whose license or other authorization to practice |
is suspended under this Section is prohibited from practicing |
until the restitution is made in full.
|
(Source: P.A. 94-577, eff. 1-1-06 .)
|
(225 ILCS 65/70-25 new)
(was 225 ILCS 65/20-25)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-25
20-25 . Returned checks; fines. Any person who |
delivers a check or other payment to the Department that
is |
returned to the Department unpaid by the financial institution |
upon
which it is drawn shall pay to the Department, in addition |
to the amount
already owed to the Department, a fine of $50. |
The fines imposed by this Section are in addition
to any other |
discipline provided under this Act for unlicensed
practice or |
practice on a nonrenewed license. The Department shall notify
|
the person that payment of fees and fines shall be paid to the |
Department
by certified check or money order within 30 calendar |
days of the
notification. If, after the expiration of 30 days |
from the date of the
notification, the person has failed to |
submit the necessary remittance, the
Department shall |
automatically terminate the license or deny
the application, |
without hearing. If, after termination or denial, the
person |
seeks a license, he or she shall apply to the
Department for |
restoration or issuance of the license and
pay all fees and |
|
fines due to the Department. The Department may establish
a fee |
for the processing of an application for restoration of a |
license to pay
all expenses of processing this application. The |
Secretary
Director
may waive the fines due under this Section |
in individual cases where the
Secretary
Director finds that the |
fines would be unreasonable or unnecessarily
burdensome.
|
(Source: P.A. 92-146, eff. 1-1-02.)
|
(225 ILCS 65/70-30 new)
(was 225 ILCS 65/20-30)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-30
20-30 . Roster. The Department shall maintain a |
roster
of the names and
addresses of all licensees and of all |
persons whose licenses have been
suspended or revoked. This |
roster shall be available upon written request
and payment of |
the required fees.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-35 new)
(was 225 ILCS 65/20-31)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-35
20-31 . Licensure requirements; internet site. |
The Department shall
make available to the public the |
requirements for licensure in English and
Spanish on the |
internet through the Department's World Wide Web site. This
|
information shall include the requirements for licensure of |
individuals
currently residing in another state or territory of |
the United States or a
foreign country, territory, or province. |
|
The Department shall establish an
e-mail link to the Department |
for information on the requirements for
licensure, with replies |
available in English and Spanish.
|
(Source: P.A. 93-519, eff. 1-1-04.)
|
(225 ILCS 65/70-40 new)
(was 225 ILCS 65/20-32)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-40
20-32 . Educational resources; internet link. |
The Department shall
work with the Board of Nursing, the APN |
Board , the Board of Higher Education,
the Illinois Student |
Assistance Commission, Statewide organizations, and
|
community-based organizations to develop a list of |
Department-approved nursing
programs
and other educational |
resources related to the Test of English as a Foreign
Language |
and the Commission on Graduates of Foreign Nursing Schools
|
Examination. The Department shall provide a link to a list of |
these resources,
in English and Spanish, on the Department's |
World Wide Web site.
|
(Source: P.A. 93-519, eff. 1-1-04.)
|
(225 ILCS 65/70-45 new)
(was 225 ILCS 65/20-35)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-45
20-35 . Fees.
|
(a) The Department shall provide by rule for a schedule of |
fees to be
paid
for licenses by all applicants.
|
(b)
(a-5) Except as provided in subsection (c) of this |
|
Section
(b) , the fees for the
administration and enforcement of |
this Act, including but not limited to
original licensure, |
renewal, and restoration, shall be set by
rule. The fees shall |
not be refundable.
|
(c)
(b) In addition, applicants for any examination as a |
Registered
Professional Nurse or a Licensed Practical Nurse |
shall be required to pay,
either to the Department or to the |
designated testing service, a fee
covering the cost of |
providing the examination. Failure to appear for the
|
examination on the scheduled date, at the time and place |
specified, after
the applicant's application for examination |
has been received and
acknowledged by the Department or the |
designated testing service, shall
result in the forfeiture of |
the examination fee.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-50 new)
(was 225 ILCS 65/20-40)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-50
20-40 . Fund. |
(a) There is hereby created within the State Treasury the
|
Nursing Dedicated and Professional Fund. The monies in the Fund |
may be
used by and at the direction of the Department for the |
administration and
enforcement of this Act, including but not |
limited to:
|
(1)
(a) Distribution and publication of this Act
the |
Nursing and Advanced Practice
Nursing Act and the rules at |
|
the time of renewal to all persons licensed by
the |
Department under this Act .
|
(2)
(b) Employment of secretarial, nursing, |
administrative, enforcement, and
other staff for the |
administration of this Act.
|
(c) Conducting a survey, as prescribed by rule of the |
Department, once
every 4 years during the license renewal |
period.
|
(d) Conducting of training seminars for licensees |
under this Act relating
to the obligations, |
responsibilities, enforcement and other provisions of
the |
Act and its rules.
|
(b)
(e) Disposition of fees
Fees :
|
(1) $5 of every licensure fee shall be placed in a |
fund for assistance to nurses enrolled in a diversionary |
program as approved by the Department.
|
(i) (Blank).
|
(2)
(ii) All of the fees ,
and fines , and penalties
|
collected pursuant to
this Act shall be deposited in the |
Nursing Dedicated and Professional Fund.
|
(3) Each
(iii) For the fiscal year beginning July 1, |
1988 , the moneys deposited
in the Nursing Dedicated and |
Professional Fund shall be appropriated to the
Department |
for expenses of the Department and the Board in the
|
administration of this Act. All earnings received from |
investment of
moneys in the Nursing Dedicated and |
|
Professional Fund shall be
deposited in the Nursing |
Dedicated and Professional Fund and shall be used
for the |
same purposes as fees deposited in the Fund.
|
(4)
(iv) For the fiscal year beginning July 1, 2004 and |
for
each fiscal
year thereafter, $1,200,000 of the moneys |
deposited in the
Nursing Dedicated
and Professional Fund |
each year shall be set aside and appropriated to the
|
Illinois
Department of Public Health for nursing |
scholarships awarded pursuant to
the Nursing Education |
Scholarship Law.
Representatives
of the Department and the |
Nursing Education Scholarship Program Advisory
Council |
shall review this requirement and
the scholarship awards |
every 2 years.
|
(5)
(v) Moneys in the Fund may be transferred to the |
Professions
Indirect Cost Fund as authorized under Section |
2105-300 of the
Department of Professional Regulation Law |
(20 ILCS 2105/2105-300).
|
(f) Moneys set aside for nursing scholarships awarded |
pursuant to
the Nursing Education Scholarship Law as provided |
in item (iv) of subsection (e) of this Section may not be |
transferred under Section 8h of the State Finance Act. |
(Source: P.A. 92-46, eff. 7-1-01; 93-806, eff. 7-24-04; |
93-1054, eff. 11-18-04; revised 12-1-04.)
|
(225 ILCS 65/70-55 new)
(was 225 ILCS 65/20-50)
|
(Section scheduled to be repealed on January 1, 2008)
|
|
Sec. 70-55
20-50 . Statute of limitations
Limitation on |
action . All proceedings to suspend,
revoke, or take any other
|
disciplinary action as the Department may deem proper, with |
regard to a
license on any of the foregoing grounds under |
Section 70-5 of this Act may not be commenced later than 5
3
|
years next after the commission of any act which is a ground |
for
discipline or a final conviction order for any of the acts
|
described herein . In the event of the settlement of any claim |
or cause of
action in favor of the claimant or the reduction to |
the final judgment of
any civil action in favor of the |
plaintiff, such claim, cause of action or
civil action being |
rounded on the allegation that a person licensed under
this Act |
was negligent in providing care, the Department shall have an
|
additional period of 2 years
one year from the date of such |
settlement or final
judgment in which to investigate and |
commence formal disciplinary
proceedings under Section 25 of
|
this Act, except as otherwise provided by
law. The time during |
which the holder of the license was outside the State
of |
Illinois shall not be included within any period of time |
limiting the
commencement of disciplinary action by the Board.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-60 new)
(was 225 ILCS 65/20-55)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-60
20-55 . Summary suspension;
Suspension for
|
imminent danger. The Secretary
Director of the
Department may, |
|
upon receipt of a written
communication from the Secretary of |
Human Services, the Director of Healthcare and Family Services |
(formerly Director of Public Aid ) ,
or the Director of Public |
Health
that continuation of practice of a person licensed under |
this
Act constitutes an immediate danger to the public, |
immediately suspend the
license of such person without a |
hearing. In instances in which the
Secretary
Director
|
immediately suspends a license under this Section, a hearing |
upon
such person's license must be convened by the Department |
within 30
days
after such suspension and completed without |
appreciable delay, such hearing
held to determine whether to |
recommend to the Secretary
Director that the person's
license |
be revoked, suspended, placed on probationary status or |
reinstated,
or such person be subject to other disciplinary |
action. In such hearing,
the written communication and any |
other evidence submitted therewith may be
introduced as |
evidence against such person; provided, however, the person,
or |
his or her counsel, shall have the opportunity to discredit or |
impeach
and
submit evidence rebutting such evidence.
|
(Source: P.A. 89-507, eff. 7-1-97; 90-61, eff. 12-30-97; |
90-742, eff.
8-13-98; revised 12-15-05.)
|
(225 ILCS 65/70-65 new)
(was 225 ILCS 65/20-65)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-65
20-65 . Liability of State. In the event that the
|
Department's order of revocation,
suspension, placing the |
|
licensee on probationary status, or other order of
formal |
disciplinary action is without any reasonable basis, then the |
State
of Illinois shall be liable to the injured party for |
those special damages
suffered as a direct result of such |
order.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-70 new)
(was 225 ILCS 65/20-70)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-70
20-70 . Right to legal counsel. No action of a |
disciplinary
nature that is predicated on
charges alleging |
unethical or unprofessional conduct of a person who is licensed |
under this Act
a
registered professional nurse or a licensed |
practical nurse and that can
be reasonably expected to affect |
adversely that person's maintenance of her
or his present, or |
her or his securing of future, employment as such
a
nurse may |
be taken by the Department, by any association, or by any |
person
unless the person against whom such charges are made is |
afforded the right
to be represented by legal counsel of her or |
his choosing and to present
any witness, whether an attorney or |
otherwise to testify on matters
relevant to such charges.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-75 new)
(was 225 ILCS 65/20-75)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-75
20-75 . Injunctive remedies.
|
|
(a) If any person violates the provision of this Act,
the
|
Secretary
Director may, in the name of the People of the State |
of Illinois, through
the Attorney General of the State of |
Illinois, or the State's Attorney of
any county in which the |
action is brought, petition for an order enjoining
such |
violation or for an order enforcing compliance with this Act. |
Upon
the filing of a verified petition in court, the court may |
issue a temporary
restraining order, without notice or bond, |
and may preliminarily and
permanently enjoin such violation, |
and if it is established that such
person has violated or is |
violating the injunction, the court may punish
the offender for |
contempt of court. Proceedings under this Section shall
be in |
addition to, and not in lieu of, all other remedies and |
penalties
provided by this Act.
|
(b) If any person shall practice as a nurse or hold herself |
or himself
out as a nurse without being licensed under the |
provisions of this Act,
then any licensed nurse, any interested |
party, or any person injured
thereby may, in addition to the |
Secretary
Director , petition for relief as provided
in |
subsection (a) of this Section.
|
(b-5) Whoever knowingly practices or offers to practice |
nursing in this State
without a license for that purpose shall |
be guilty of a Class A misdemeanor
and for each subsequent |
conviction, shall be guilty of a Class 4 felony.
All criminal |
fines, monies, or other property collected or received by
the |
Department under this Section or any other State or federal |
|
statute,
including, but not limited to, property forfeited to |
the Department under
Section 505 of the Illinois Controlled |
Substances Act or Section 85 of the Methamphetamine Control and |
Community Protection Act, shall be deposited
into the |
Professional Regulation Evidence Fund.
|
(c) Whenever in the opinion of the Department any person |
violates any
provision of this Act, the Department may issue a |
rule to show cause why an
order to cease and desist should not |
be entered against him. The rule
shall clearly set forth the |
grounds relied upon by the Department and shall
provide a |
period of 7 days from the date of the rule to file an answer to
|
the satisfaction of the Department. Failure to answer to the |
satisfaction
of the Department shall cause an order to cease |
and desist to be issued
forthwith.
|
(Source: P.A. 94-556, eff. 9-11-05.)
|
(225 ILCS 65/70-80 new)
(was 225 ILCS 65/20-80)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-80
20-80 . Investigation; notice; hearing. Prior to |
bringing an
action before the Board, the
Department may |
investigate the actions of any applicant or of any person
or |
persons holding or claiming to hold a license. The Department |
shall,
before suspending, revoking, placing on probationary |
status, or taking any
other disciplinary action as the |
Department may deem proper with regard to
any license, at least |
30 days prior to the date set for the
hearing, notify the |
|
accused in writing of any charges made and the time and
place |
for a hearing of the charges before the Board, direct
her or |
him
to file a written answer thereto to the Board under oath
|
within 20 days
after the service of such notice and inform the |
licensee that if she or he
fails to file such answer default |
will be taken against the licensee and
such license may be |
suspended, revoked, placed on
probationary status, or have |
other disciplinary action, including limiting
the scope, |
nature or extent of her or his practice, as the Department may
|
deem proper taken with regard thereto. Such written notice may |
be served
by personal delivery or certified or registered mail |
to the respondent at
the address of her or his last |
notification to the Department. At
the time
and place fixed in |
the notice, the Department shall proceed to hear the
charges |
and the parties or their counsel shall be accorded ample
|
opportunity to present such statements, testimony, evidence |
and argument as
may be pertinent to the charges or to the |
defense to the charges. The
Department may continue a hearing |
from time to time. In case the accused
person,
after receiving |
notice, fails to file an answer, her or his license may in the
|
discretion of the Secretary
Director , having received first
the |
recommendation of the Board, be suspended,
revoked, placed on |
probationary status, or the Secretary
Director may take |
whatever
disciplinary action as he or she may deem proper, |
including limiting the
scope,
nature, or extent of said |
person's practice, without a hearing, if the act
or acts |
|
charged constitute sufficient grounds for such action under |
this Act.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-85 new)
(was 225 ILCS 65/20-85)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-85
20-85 . Stenographer; transcript. The |
Department, at its
expense, shall provide a stenographer
to |
take down the testimony and preserve a record of all |
proceedings at the
hearing of any case wherein any disciplinary |
action is taken regarding a
license. The notice of hearing, |
complaint and all other documents in the
nature of pleadings |
and written motions filed in the proceedings, the
transcript of |
testimony, the report of the Board and the
orders of the
|
Department shall be the record of the proceedings. The
|
Department shall furnish a transcript of the record to any
|
person interested in the hearing upon payment of the fee
|
required under Section 2105-115 of the Department of |
Professional
Regulation Law (20 ILCS 2105/2105-115).
|
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98; |
91-239, eff. 1-1-00.)
|
(225 ILCS 65/70-90 new)
(was 225 ILCS 65/20-90)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-90
20-90 . Compelled testimony and production of |
documents. Any circuit court may, upon application of the |
|
Department
or designee or of the applicant or licensee against |
whom proceedings upon
Section 70-80
20-80 of this Act are |
pending, enter an order requiring the
attendance of witnesses |
and their testimony, and the production of
documents, papers, |
files, books and records in connection with any hearing
or |
investigation. The court may compel obedience to its order by
|
proceedings for contempt.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-95 new)
(was 225 ILCS 65/20-95)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-95
20-95 . Subpoena power; oaths. The Department |
shall have
power to subpoena and bring
before it any person in |
this State and to take testimony, either orally or
by |
deposition or both, with the same fees and mileage and in the |
same
manner as prescribed by law in judicial proceedings in |
civil cases in
circuit courts of this State.
|
The Secretary
Director and any member of the Board |
designated by the Secretary
Director
shall each have power to |
administer oaths to witnesses at any hearing which
the |
Department is authorized to conduct under this Act, and any |
other oaths
required or authorized to be administered by the |
Department under this Act.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-100 new)
(was 225 ILCS 65/20-100)
|
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-100
20-100 . Board report. At the conclusion of the |
hearing the
Board shall
present to the Secretary
Director a |
written report of its findings of fact,
conclusions of law, and |
recommendations. The report shall contain a
finding whether or |
not the accused person violated this Act or failed to
comply |
with the conditions required in this Act. The report shall |
specify
the nature of the violation or failure to comply, and |
the Board shall
make its recommendations to the Secretary
|
Director .
|
The report of findings of fact, conclusions of law, and |
recommendation of
the Board shall be the basis for the |
Department's order of
refusal or
for the granting of a license |
or permit unless the Secretary
Director shall determine
that |
the report is contrary to the manifest weight of the evidence, |
in which
case the Secretary
Director may issue an order in |
contravention of the report. The
findings are not admissible in |
evidence against the person in a criminal
prosecution brought |
for the violation of this Act, but the hearing and
findings are |
not a bar to a criminal prosecution brought for the violation
|
of this Act.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-105 new)
(was 225 ILCS 65/20-105)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-105
20-105 . Hearing officer. The Secretary
|
|
Director shall have the
authority to appoint an attorney
duly |
licensed to practice law in the State of Illinois to serve as |
the hearing
officer in any formal action before the Board of |
Nursing to revoke, suspend, place on
probation, reprimand, |
fine, or take any other disciplinary action against
with
regard |
to a license. The hearing officer shall have full authority to
|
conduct the formal hearing. The Board shall have the right to |
have at least
one member present at any hearing conducted by |
such hearing officer. The Board members shall have equal or |
greater licensing qualifications than those of the licensee |
being prosecuted.
There
may be present at least one RN member |
of the
Board at any such hearing or disciplinary conference. An |
LPN member
or LPN educator may be present for hearings and |
disciplinary conferences of
an LPN. The hearing officer shall |
report her or his findings and
recommendations to the Board |
within 30 days of the receipt of the
record. The Board shall |
have up to 90 days from receipt of the report to
review the |
report of the hearing officer and present their findings of
|
fact, conclusions of law and recommendations to the Secretary
|
Director . If the
Board fails to present its report within the |
90-day period, the Secretary
Director may issue an order based |
on the report of the hearing officer.
However, if the Board |
does present its report within the specified 90
days, the |
Secretary's
Director's order shall be based upon the report of |
the Board.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
|
|
(225 ILCS 65/70-110 new)
(was 225 ILCS 65/20-110)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-110
20-110 . Motion for rehearing. In any case |
involving refusal to issue,
renew, or the discipline of a |
license, a copy of the Board's report shall be
served
upon the |
respondent by the Department, either personally or as provided |
in
this Act, for the service of the notice of hearing. Within |
20 days after
such service, the respondent may present to the |
Department a motion in
writing for a rehearing, which motion |
shall specify the particular grounds
for a rehearing. If no |
motion for rehearing is filed, then
upon the expiration of
the |
time then upon such denial the Secretary
Director may enter an |
order in
accordance with recommendations of the Board except as
|
provided in Sections 70-100
20-100 and 70-105
20-105 of this |
Act. If the
respondent shall order from the
reporting service, |
and pay for a transcript of the record within the time
for |
filing a motion for rehearing, the 20 day period within which |
such a
motion may be filed shall commence upon the delivery of |
the transcript
to the respondent.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-115 new)
(was 225 ILCS 65/20-115)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-115
20-115 . Order for rehearing. Whenever the |
Secretary
Director is
satisfied that substantial
justice has |
|
not been done in the revocation, suspension, or refusal to
|
issue or renew a license, the Secretary
Director may order a |
hearing by the same or
another hearing officer or the Board.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-120 new)
(was 225 ILCS 65/20-120)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-120
20-120 . Order of Secretary
Director . An order |
regarding any disciplinary
action or a certified copy thereof, |
over the seal of the Department
and purporting to be signed by |
the Secretary
Director , shall be prima facie evidence
that:
|
(a) the signature is the genuine signature of the |
Secretary
Director ;
|
(b) the Secretary
Director is duly appointed and |
qualified; and
|
(c) the Board and the Board members are qualified to |
act.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98; |
91-357, eff.
7-29-99.)
|
(225 ILCS 65/70-125 new)
(was 225 ILCS 65/20-125)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-125
20-125 . Restoration after suspension or |
revocation. At
any time after the suspension or revocation of |
any
license, the Department may restore it to the accused |
person unless, after
an investigation and a hearing, the |
|
Department determines that restoration
is not in the public |
interest.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-130 new)
(was 225 ILCS 65/20-130)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-130
20-130 . Surrender of license. Upon revocation |
or suspension
of any license, the licensee shall forthwith |
surrender the license to the
Department and if the licensee |
fails to do so, the Department shall have
the right to seize |
the license.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-135 new)
(was 225 ILCS 65/20-135)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-135
20-135 . Temporary suspension. The Secretary
|
Director may temporarily
suspend the license of a licensee
|
nurse without a hearing, simultaneously with the institution of |
proceedings
for a hearing provided for in Section 70-80
20-80
|
of this Act, if the Secretary
Director
finds that evidence in |
his or her possession indicates that continuation in
practice |
would constitute an imminent danger to the public. In the event
|
that the Secretary
Director suspends, temporarily, this |
license without a hearing, a
hearing by the Department must be |
held within 30 days after the
suspension has occurred, and be |
concluded without appreciable delay.
|
|
Proceedings for judicial review shall be commenced in the |
circuit court
of the county in which the party applying for |
review resides; but if the
party is not a resident of this |
State, the venue shall be in Sangamon County.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-140 new)
(was 225 ILCS 65/20-140)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-140
20-140 . Administrative Review Law. All final
|
administrative decisions of the Department
hereunder shall be |
subject to judicial review pursuant to the revisions of
the |
Administrative Review Law, and all amendments and |
modifications
thereof, and the rule adopted pursuant thereto. |
The term "administrative
decision" is defined as in Section |
3-101 of the Code of Civil Procedure.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-145 new)
(was 225 ILCS 65/20-145)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-145
20-145 . Certification of record. The |
Department shall not
be required to certify any record to
the |
Court or file any answer in court or otherwise appear in any |
court in a
judicial review proceeding, unless there is filed in |
the court, with the
complaint, a receipt from the Department |
acknowledging payment of the costs
of furnishing and certifying |
the record. Failure on the part of the
plaintiff to file such |
|
receipt in Court shall be grounds for dismissal of the
action.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-150 new)
(was 225 ILCS 65/20-150)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-150
20-150 . Criminal penalties. Any person who is |
found to
have violated any provision of
this Act is guilty of a |
Class A misdemeanor. On conviction of a second or
subsequent |
offense, the violator shall be guilty of a Class 4 felony.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-155 new)
(was 225 ILCS 65/20-155)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-155
20-155 . Pending actions. All disciplinary |
actions taken or pending pursuant to the Illinois Nursing
Act, |
approved June 14, 1951, as amended, shall, for the actions |
taken,
remain in effect, and for the actions pending, shall be |
continued, on the
effective date of this Act without having |
separate actions filed by
the Department.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-160 new)
(was 225 ILCS 65/20-160)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-160
20-160 . Illinois Administrative Procedure Act. |
The
Illinois Administrative
Procedure Act is hereby expressly |
adopted and incorporated herein as if all of
the provisions of |
|
that Act were included in this Act, except that the provision
|
of subsection (d) of Section 10-65 of the Illinois |
Administrative Procedure Act
that provides that at hearings the |
licensee has the right to show compliance
with all lawful |
requirements for retention, continuation or renewal of the
|
license is specifically excluded. For the purposes of this Act, |
the notice
required under Section 10-25 of the Illinois |
Administrative Procedure Act
is deemed sufficient when mailed |
to the last known address of a party.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
(225 ILCS 65/70-165 new)
(was 225 ILCS 65/20-165)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 70-165
20-165 . Home rule preemption. It is declared to |
be the public policy
of this State, pursuant to paragraph (h) |
of Section 6 of
Article VII of the Illinois Constitution of |
1970, that any power or function
set forth in this Act to be |
exercised by the State is an exclusive State power
or function. |
Such power or function shall not be exercised concurrently,
|
either directly or indirectly, by any unit of local government, |
including home
rule units, except as otherwise provided in this |
Act.
|
(Source: P.A. 92-651, eff. 7-11-02.)
|
(225 ILCS 65/Art. 75 heading new) (was 225 ILCS 65/Tit. 17 |
heading) |
|
ARTICLE 75
TITLE 17 . ILLINOIS CENTER FOR NURSING
|
(Source: P.A. 94-1020, eff. 7-11-06.) |
(225 ILCS 65/75-5 new) (was 225 ILCS 65/17-5) |
(Section scheduled to be repealed on January 1, 2008) |
Sec. 75-5
17-5 . Definitions. In this Article
Title : |
" Advisory Board" means the Center for Nursing Advisory |
Board. |
"Center" means the Illinois Center for Nursing.
|
(Source: P.A. 94-1020, eff. 7-11-06.) |
(225 ILCS 65/75-10 new) (was 225 ILCS 65/17-10) |
(Section scheduled to be repealed on January 1, 2008) |
Sec. 75-10
17-10 . Illinois Center for Nursing. There is |
created the Illinois Center for Nursing to address issues of |
supply and demand in the nursing profession, including issues |
of recruitment, retention, and utilization of nurse manpower |
resources. The General Assembly finds that the Center will |
enhance the delivery of quality health care services by |
providing an ongoing strategy for the allocation of the State's |
resources directed towards nursing. Each of the following |
objectives shall serve as the primary goals for the Center: |
(1) To develop a strategic plan for nursing manpower in |
Illinois by selecting priorities that must be addressed. |
(2) To convene various groups of representatives of |
nurses, other health care providers, businesses and |
|
industries, consumers, legislators, and educators to: |
(A) review and comment on data analysis prepared |
for the Center; |
(B) recommend systemic changes, including |
strategies for implementation of recommended changes; |
and |
(C) evaluate and report the results of the Advisory
|
Board's efforts to the General Assembly and others. |
(3) To enhance and promote recognition, reward, and |
renewal activities for nurses in Illinois by: |
(A) proposing and creating reward, recognition, |
and renewal activities for nursing; and |
(B) promoting media and positive image-building |
efforts for nursing.
|
(Source: P.A. 94-1020, eff. 7-11-06.) |
(225 ILCS 65/75-15 new) (was 225 ILCS 65/17-15) |
(Section scheduled to be repealed on January 1, 2008) |
Sec. 75-15
17-15 . Center for Nursing Advisory Board.
|
(a) There is created the Center for Nursing Advisory Board, |
which shall consist of 11 members appointed by the Governor, |
with 6 members of the Advisory Board being nurses |
representative of various nursing specialty areas. The other 5 |
members may include representatives of associations, health |
care providers, nursing educators, and consumers. The Advisory
|
Board shall be chaired by the Nursing Act Coordinator, who |
|
shall be a voting member of the Advisory Board. |
(b) The membership of the Advisory Board shall reasonably |
reflect representation from the geographic areas in this State. |
(c) Members of the Advisory Board appointed by the Governor |
shall serve for terms of 4 years, with no member serving more |
than 10 successive years, except that, initially, 4 members |
shall be appointed to the Advisory Board for terms that expire |
on June 30, 2009, 4 members shall be appointed to the Advisory
|
Board for terms that expire on June 30, 2008, and 3 members |
shall be appointed to the Advisory Board for terms that expire |
on June 30, 2007. A member shall serve until his or her |
successor is appointed and has qualified. Vacancies shall be |
filled in the same manner as original appointments, and any |
member so appointed shall serve during the remainder of the |
term for which the vacancy occurred. |
(d) A quorum of the Advisory Board shall consist of a |
majority of Advisory Board members currently serving. A |
majority vote of the quorum is required for Advisory Board |
decisions. A vacancy in the membership of the Advisory Board |
shall not impair the right of a quorum to exercise all of the |
rights and perform all of the duties of the Advisory Board. |
(e) The Governor may remove any appointed member of the |
Advisory Board for misconduct, incapacity, or neglect of duty |
and shall be the sole judge of the sufficiency of the cause for |
removal. |
(f) Members of the Advisory Board are immune from suit in |
|
any action based upon any activities performed in good faith as |
members of the Advisory Board. |
(e) Members of the Advisory Board shall not receive |
compensation, but shall be reimbursed for actual traveling, |
incidentals, and expenses necessarily incurred in carrying out |
their duties as members of the Advisory Board, as approved by |
the Department.
|
(Source: P.A. 94-1020, eff. 7-11-06.) |
(225 ILCS 65/75-20 new) (was 225 ILCS 65/17-20) |
(Section scheduled to be repealed on January 1, 2008) |
Sec. 75-20
17-20 . Powers and duties of the Advisory Board.
|
(a) The Advisory Board shall be advisory to the Department |
and shall possess and perform each of the following powers and |
duties: |
(1) determine operational policy; |
(2) administer grants, scholarships, internships, and |
other programs, as defined by rule, including the |
administration of programs, as determined by law, that |
further those goals set forth in Section 75-10
17-10 of |
this Article
Title , in consultation with other State |
agencies, as provided by law; |
(3) establish committees of the Advisory Board as |
needed; |
(4) recommend the adoption and, from time to time, the |
revision of those rules that may be adopted and necessary |
|
to carry out the provisions of this Act; |
(5) implement the major functions of the Center, as |
established in the goals set forth in Section 75-10
17-10
|
of this Article
Title ; and |
(6) seek and accept non-State funds for carrying out |
the policy of the Center. |
(b) The Center shall work in consultation with other State |
agencies as necessary.
|
(Source: P.A. 94-1020, eff. 7-11-06.) |
Section 130. The Nursing Home Administrators Licensing and |
Disciplinary Act is amended by changing Section 4 as follows:
|
(225 ILCS 70/4) (from Ch. 111, par. 3654)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 4. Definitions. For purposes of this Act, the |
following
definitions shall have the following meanings, |
except where the context
requires otherwise:
|
(1) "Act" means the Nursing Home Administrators |
Licensing and
Disciplinary Act.
|
(2) "Department" means the Department of Professional
|
Regulation.
|
(3) "Director" means the Director of Professional
|
Regulation.
|
(4) "Board" means the Nursing Home Administrators |
Licensing
and Disciplinary Board appointed by the |
|
Governor.
|
(5) "Nursing home administrator" means the individual |
licensed
under this
Act and directly responsible for |
planning, organizing, directing and
supervising the |
operation of a nursing home, or who in fact performs such
|
functions, whether or not such functions are delegated to |
one or more
other persons.
|
(6) "Nursing home" or "facility" means any entity that |
is required to be
licensed by the Department of Public |
Health under the Nursing Home
Care Act, as amended, other |
than a sheltered care home as
defined thereunder, and |
includes private homes, institutions,
buildings,
|
residences, or other places, whether operated for profit or |
not,
irrespective of the names attributed to them, county |
homes for the infirm
and chronically ill operated pursuant |
to the County Nursing Home Act, as
amended, and any similar |
institutions operated by a political subdivision
of the |
State of Illinois that provide, though their ownership or
|
management, maintenance, personal care, and nursing for 3 |
or more persons,
not related to the owner by blood or |
marriage, or any similar facilities in
which maintenance is |
provided to 3 or more persons who by reason of illness
of |
physical infirmity require personal care and nursing.
|
(7) "Maintenance" means food, shelter and laundry.
|
(8) "Personal care" means assistance with meals, |
dressing,
movement,
bathing, or other personal needs, or |
|
general supervision of
the physical and
mental well-being |
of an individual who because of age, physical, or mental
|
disability, emotion or behavior disorder, or mental |
retardation is
incapable of managing his or her person, |
whether or not a guardian has been
appointed for such |
individual. For the purposes of this Act, this
definition |
does not include the professional services of a nurse.
|
(9) "Nursing" means professional nursing or practical |
nursing,
as those terms are defined in the Nurse Practice |
Act
Nursing and Advanced Practice Nursing Act ,
for sick or |
infirm persons who are under the care
and supervision of |
licensed physicians or dentists.
|
(10) "Disciplinary action" means revocation, |
suspension,
probation, supervision, reprimand, required |
education, fines or
any other action taken by the |
Department against a person holding a
license.
|
(11) "Impaired" means the inability to practice with
|
reasonable skill and
safety due to physical or mental |
disabilities as evidenced by a written
determination or |
written consent based on clinical evidence including
|
deterioration through the aging process or loss of motor |
skill, or abuse of
drugs or alcohol, of sufficient degree |
to diminish a person's ability to
administer a nursing |
home.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
|
|
Section 135. The Pharmacy Practice Act of 1987 is amended |
by changing Section 4 as follows:
|
(225 ILCS 85/4) (from Ch. 111, par. 4124)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 4. Exemptions. Nothing contained in any Section of |
this Act shall
apply
to, or in any manner interfere with:
|
(a) the lawful practice of any physician licensed to |
practice medicine in
all of its branches, dentist, podiatrist,
|
veterinarian, or therapeutically or diagnostically certified |
optometrist within
the limits of
his or her license, or prevent |
him or her from
supplying to his
or her
bona fide patients
such |
drugs, medicines, or poisons as may seem to him appropriate;
|
(b) the sale of compressed gases;
|
(c) the sale of patent or proprietary medicines and |
household remedies
when sold in original and unbroken packages |
only, if such patent or
proprietary medicines and household |
remedies be properly and adequately
labeled as to content and |
usage and generally considered and accepted
as harmless and |
nonpoisonous when used according to the directions
on the |
label, and also do not contain opium or coca leaves, or any
|
compound, salt or derivative thereof, or any drug which, |
according
to the latest editions of the following authoritative |
pharmaceutical
treatises and standards, namely, The United |
States Pharmacopoeia/National
Formulary (USP/NF), the United |
States Dispensatory, and the Accepted
Dental Remedies of the |
|
Council of Dental Therapeutics of the American
Dental |
Association or any or either of them, in use on the effective
|
date of this Act, or according to the existing provisions of |
the Federal
Food, Drug, and Cosmetic Act and Regulations of the |
Department of Health
and Human Services, Food and Drug |
Administration, promulgated thereunder
now in effect, is |
designated, described or considered as a narcotic,
hypnotic, |
habit forming, dangerous, or poisonous drug;
|
(d) the sale of poultry and livestock remedies in original |
and unbroken
packages only, labeled for poultry and livestock |
medication;
|
(e) the sale of poisonous substances or mixture of |
poisonous substances,
in unbroken packages, for nonmedicinal |
use in the arts or industries
or for insecticide purposes; |
provided, they are properly and adequately
labeled as to |
content and such nonmedicinal usage, in conformity
with the |
provisions of all applicable federal, state and local laws
and |
regulations promulgated thereunder now in effect relating |
thereto
and governing the same, and those which are required |
under such applicable
laws and regulations to be labeled with |
the word "Poison", are also labeled
with the word "Poison" |
printed
thereon in prominent type and the name of a readily |
obtainable antidote
with directions for its administration;
|
(f) the delegation of limited prescriptive authority by a |
physician
licensed to
practice medicine in all its branches to |
a physician assistant
under Section 7.5 of the Physician |
|
Assistant Practice Act of 1987. This
delegated authority under |
Section 7.5 of the Physician Assistant Practice Act of 1987 may |
but is not required to include prescription of
Schedule III, |
IV, or V controlled substances, as defined in Article II of the
|
Illinois Controlled Substances Act, in accordance with written |
guidelines
under Section 7.5 of the Physician Assistant |
Practice Act of 1987 ; and
|
(g) The delegation of limited prescriptive authority by a |
physician
licensed to practice medicine in all its branches to |
an advanced practice
nurse in accordance with a written |
collaborative
agreement under Section 65-35 of the Nurse |
Practice Act
Sections 15-15 and 15-20 of the Nursing and |
Advanced
Practice Nursing Act . This delegated authority , which |
is delegated under Section 65-40 of the Nurse Practice Act, may |
but is not required to
include the prescription of Schedule |
III, IV, or V controlled substances as
defined
in Article II of |
the Illinois Controlled Substances Act.
|
(Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
|
90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
|
Section 140. The Illinois Physical Therapy Act is amended |
by changing Section 1 as follows:
|
(225 ILCS 90/1) (from Ch. 111, par. 4251)
|
(Section scheduled to be repealed on January 1, 2016)
|
Sec. 1. Definitions. As used in this Act:
|
|
(1) "Physical therapy" means all of the following: |
(A) Examining, evaluating, and testing individuals who |
may have mechanical, physiological, or developmental |
impairments, functional limitations, disabilities, or |
other health and movement-related conditions, classifying |
these disorders, determining a rehabilitation prognosis |
and plan of therapeutic intervention, and assessing the |
on-going effects of the interventions. |
(B) Alleviating impairments, functional limitations, |
or disabilities by designing, implementing, and modifying |
therapeutic interventions that may include, but are not |
limited to, the evaluation or treatment of a person through |
the use of the effective properties of physical measures |
and heat, cold, light, water, radiant energy, electricity, |
sound, and air and use of therapeutic massage, therapeutic |
exercise, mobilization, and rehabilitative procedures, |
with or without assistive devices, for the purposes of |
preventing, correcting, or alleviating a physical or |
mental impairment, functional limitation, or disability. |
(C) Reducing the risk of injury, impairment, |
functional limitation, or disability, including the |
promotion and maintenance of fitness, health, and |
wellness. |
(D) Engaging in administration, consultation, |
education, and research.
|
Physical therapy
includes, but is not limited to: (a) |
|
performance
of specialized tests and measurements, (b) |
administration of specialized
treatment procedures, (c) |
interpretation of referrals from physicians, dentists, |
advanced practice nurses, physician assistants,
and |
podiatrists, (d) establishment, and modification of physical |
therapy
treatment programs, (e) administration of topical |
medication used in generally
accepted physical therapy |
procedures when such medication is prescribed
by the patient's |
physician, licensed to practice medicine in all its branches,
|
the patient's physician licensed to practice podiatric |
medicine, the patient's advanced practice nurse, the patient's |
physician assistant, or the
patient's dentist, and (f) |
supervision or teaching of physical therapy.
Physical therapy |
does not include radiology, electrosurgery, chiropractic
|
technique or determination of a differential
diagnosis; |
provided, however,
the limitation on determining a |
differential diagnosis shall not in any
manner limit a physical |
therapist licensed under this Act from performing
an evaluation |
pursuant to such license. Nothing in this Section shall limit
a |
physical therapist from employing appropriate physical therapy |
techniques
that he or she is educated and licensed to perform. |
A physical therapist
shall refer to a licensed physician, |
advanced practice nurse, physician assistant, dentist, or |
podiatrist any patient
whose medical condition should, at the |
time of evaluation or treatment, be
determined to be beyond the |
scope of practice of the physical therapist.
|
|
(2) "Physical therapist" means a person who practices |
physical therapy
and who has met all requirements as provided |
in this Act.
|
(3) "Department" means the Department of Professional |
Regulation.
|
(4) "Director" means the Director of Professional |
Regulation.
|
(5) "Board" means the Physical Therapy Licensing and |
Disciplinary Board approved
by the Director.
|
(6) "Referral" means a written or oral authorization for |
physical therapy services for a patient by a physician, |
dentist, advanced practice nurse, physician assistant, or |
podiatrist who maintains medical supervision of the patient and |
makes a diagnosis or verifies that the patient's condition is |
such that it may be treated by a physical therapist.
|
(7) "Documented current and relevant diagnosis" for the |
purpose of
this Act means a diagnosis, substantiated by |
signature or oral verification
of a physician, dentist, |
advanced practice nurse, physician assistant, or podiatrist, |
that a patient's condition is such
that it may be treated by |
physical therapy as defined in this Act, which
diagnosis shall |
remain in effect until changed by the physician, dentist, |
advanced practice nurse, physician assistant,
or podiatrist.
|
(8) "State" includes:
|
(a) the states of the United States of America;
|
(b) the District of Columbia; and
|
|
(c) the Commonwealth of Puerto Rico.
|
(9) "Physical therapist assistant" means a person licensed |
to assist a
physical therapist and who has met all requirements |
as provided in this Act
and who works under the supervision of |
a licensed physical therapist to assist
in implementing the |
physical therapy treatment program as established by the
|
licensed physical therapist. The patient care activities |
provided by the
physical therapist assistant shall not include |
the interpretation of referrals,
evaluation procedures, or the |
planning or major modification of patient programs.
|
(10) "Physical therapy aide" means a person who has |
received on
the job training, specific to the facility in which |
he is employed, but who
has not completed an approved physical |
therapist assistant program.
|
(11) "Advanced practice nurse" means a person licensed |
under the Nurse Practice Act
Nursing and Advanced Practice |
Nursing Act who has a collaborative agreement with a |
collaborating physician that authorizes referrals to physical |
therapists. |
(12) "Physician assistant" means a person licensed under |
the Physician Assistant Practice Act of 1987 who has been |
delegated authority to make referrals to physical therapists.
|
(Source: P.A. 93-1010, eff. 8-24-04; 94-651, eff. 1-1-06.)
|
Section 143. The Podiatric Medical Practice Act of 1987 is |
amended by adding Section 20.5 as follows: |
|
(225 ILCS 100/20.5 new)
|
Sec. 20.5. Delegation of authority to advanced practice |
nurses.
|
(a) A podiatrist in active clinical practice may |
collaborate with an advanced practice nurse in accordance with |
the requirements of the Nurse Practice Act. Collaboration shall |
be for the purpose of providing podiatric consultation and no |
employment relationship shall be required. A written |
collaborative agreement shall conform to the requirements of |
Section 65-35 of the Nurse Practice Act. The written |
collaborative agreement shall be for services the |
collaborating podiatrist generally provides to his or her |
patients in the normal course of clinical podiatric practice, |
except as set forth in item (3) of this subsection (a). A |
written collaborative agreement and podiatric collaboration |
and consultation shall be adequate with respect to advanced |
practice nurses if all of the following apply: |
(1) The agreement is written to promote the exercise of |
professional judgment by the advanced practice nurse |
commensurate with his or her education and experience. The |
agreement need not describe the exact steps that an |
advanced practice nurse must take with respect to each |
specific condition, disease, or symptom, but must specify |
which procedures require a podiatrist's presence as the |
procedures are being performed. |
|
(2) Practice guidelines and orders are developed and |
approved jointly by the advanced practice nurse and |
collaborating podiatrist, as needed, based on the practice |
of the practitioners. Such guidelines and orders and the |
patient services provided thereunder are periodically |
reviewed by the collaborating podiatrist. |
(3) The advance practice nurse provides services that |
the collaborating podiatrist generally provides to his or |
her patients in the normal course of clinical practice. |
With respect to the provision of anesthesia services by a |
certified registered nurse anesthetist, the collaborating |
podiatrist must have training and experience in the |
delivery of anesthesia consistent with Department rules. |
(4) The collaborating podiatrist and the advanced |
practice nurse meet in person at least once a month to |
provide collaboration and consultation. |
(5) Methods of communication are available with the |
collaborating podiatrist in person or through |
telecommunications for consultation, collaboration, and |
referral as needed to address patient care needs. |
(6) With respect to the provision of anesthesia |
services by a certified registered nurse anesthetist, an |
anesthesiologist, physician, or podiatrist shall |
participate through discussion of and agreement with the |
anesthesia plan and shall remain physically present and be |
available on the premises during the delivery of anesthesia |
|
services for diagnosis, consultation, and treatment of |
emergency medical conditions. The anesthesiologist or |
operating podiatrist must agree with the anesthesia plan |
prior to the delivery of services. |
(7) The agreement contains provisions detailing notice |
for termination or change of status involving a written |
collaborative agreement, except when such notice is given |
for just cause. |
(b) The collaborating podiatrist shall have access to the |
records of all patients attended to by an advanced practice |
nurse. |
(c) Nothing in this Section shall be construed to limit the |
delegation of tasks or duties by a podiatrist to a licensed |
practical nurse, a registered professional nurse, or other |
persons. |
(d) A podiatrist shall not be liable for the acts or |
omissions of an advanced practice nurse solely on the basis of |
having signed guidelines or a collaborative agreement, an |
order, a standing order, a standing delegation order, or other |
order or guideline authorizing an advanced practice nurse to |
perform acts, unless the podiatrist has reason to believe the |
advanced practice nurse lacked the competency to perform the |
act or acts or commits willful or wanton misconduct. |
Section 145. The Respiratory Care Practice Act is amended |
by changing Section 10 as follows:
|
|
(225 ILCS 106/10)
|
(Section scheduled to be repealed on January 1, 2016)
|
Sec. 10. Definitions. In this Act:
|
"Advanced practice nurse" means an advanced practice nurse |
licensed under the Nurse Practice Act
Nursing and Advanced |
Practice Nursing Act .
|
"Board" means the Respiratory Care Board appointed by the |
Director. |
"Basic respiratory care activities" means and includes all |
of the following activities: |
(1) Cleaning, disinfecting, and sterilizing equipment |
used in the practice of respiratory care as delegated by a |
licensed health care professional or other authorized |
licensed personnel. |
(2) Assembling equipment used in the practice of |
respiratory care as delegated by a licensed health care |
professional or other authorized licensed personnel. |
(3) Collecting and reviewing patient data through |
non-invasive means, provided that the collection and |
review does not include the individual's interpretation of |
the clinical significance of the data. Collecting and |
reviewing patient data includes the performance of pulse |
oximetry and non-invasive monitoring procedures in order |
to obtain vital signs and notification to licensed health |
care professionals and other authorized licensed personnel |
|
in a timely manner. |
(4) Maintaining a nasal cannula or face mask for oxygen |
therapy in the proper position on the patient's face. |
(5) Assembling a nasal cannula or face mask for oxygen |
therapy at patient bedside in preparation for use. |
(6) Maintaining a patient's natural airway by |
physically manipulating the jaw and neck, suctioning the |
oral cavity, or suctioning the mouth or nose with a bulb |
syringe. |
(7) Performing assisted ventilation during emergency |
resuscitation using a manual resuscitator. |
(8) Using a manual resuscitator at the direction of a |
licensed health care professional or other authorized |
licensed personnel who is present and performing routine |
airway suctioning. These activities do not include care of |
a patient's artificial airway or the adjustment of |
mechanical ventilator settings while a patient is |
connected to the ventilator.
|
"Basic respiratory care activities" does not mean activities |
that involve any of the following:
|
(1) Specialized knowledge that results from a course of |
education or training in respiratory care. |
(2) An unreasonable risk of a negative outcome for the |
patient. |
(3) The assessment or making of a decision concerning |
patient care. |
|
(4) The administration of aerosol medication or |
oxygen. |
(5) The insertion and maintenance of an artificial |
airway. |
(6) Mechanical ventilatory support. |
(7) Patient assessment. |
(8) Patient education.
|
"Department" means the Department of Professional |
Regulation.
|
"Director" means the Director of
Professional Regulation.
|
"Licensed" means that which is required to hold oneself
out |
as
a respiratory care
practitioner as defined in this Act.
|
"Licensed health care professional" means a physician |
licensed to practice medicine in all its branches, an advanced |
practice nurse who has a written collaborative agreement with a |
collaborating physician that authorizes the advanced practice |
nurse to transmit orders to a respiratory care practitioner, or |
a physician assistant who has been delegated the authority to |
transmit orders to a respiratory care practitioner by his or |
her supervising physician.
|
"Order" means a written, oral, or telecommunicated |
authorization for respiratory care services for a patient by |
(i) a licensed health care professional who maintains medical |
supervision of the patient and makes a diagnosis or verifies |
that the patient's condition is such that it may be treated by |
a respiratory care practitioner or (ii) a certified registered |
|
nurse anesthetist in a licensed hospital or ambulatory surgical |
treatment center.
|
"Other authorized licensed personnel" means a licensed |
respiratory care practitioner, a licensed registered nurse, or |
a licensed practical nurse whose scope of practice authorizes |
the professional to supervise an individual who is not |
licensed, certified, or registered as a health professional. |
"Proximate supervision" means a situation in which an |
individual is
responsible for directing the actions of another |
individual in the facility and is physically close enough to be |
readily available, if needed, by the supervised individual.
|
"Respiratory care" and "cardiorespiratory care"
mean |
preventative services, evaluation and assessment services, |
therapeutic services, and rehabilitative services under the |
order of a licensed health care professional or a certified |
registered nurse anesthetist in a licensed hospital for an |
individual with a disorder, disease, or abnormality of the |
cardiopulmonary system. These terms include, but are not |
limited to, measuring, observing, assessing, and monitoring |
signs and symptoms, reactions, general behavior, and general |
physical response of individuals to respiratory care services, |
including the determination of whether those signs, symptoms, |
reactions, behaviors, or general physical responses exhibit |
abnormal characteristics; the administration of |
pharmacological and therapeutic agents related to respiratory |
care services; the collection of blood specimens and other |
|
bodily fluids and tissues for, and the performance of, |
cardiopulmonary diagnostic testing procedures, including, but |
not limited to, blood gas analysis; development, |
implementation, and modification of respiratory care treatment |
plans based on assessed abnormalities of the cardiopulmonary |
system, respiratory care guidelines, referrals, and orders of a |
licensed health care professional; application, operation, and |
management of mechanical ventilatory support and other means of |
life support; and the initiation of emergency procedures under |
the rules promulgated by the Department. A respiratory care |
practitioner shall refer to a physician licensed to practice |
medicine in all its branches any patient whose condition, at |
the time of evaluation or treatment, is determined to be beyond |
the scope of practice of the respiratory care practitioner.
|
"Respiratory care education program" means a course of |
academic study leading
to eligibility for registry or |
certification in respiratory care. The training
is to be |
approved by an accrediting agency recognized by the Board and |
shall
include an evaluation of competence through a |
standardized testing mechanism
that is determined by the Board |
to be both valid and reliable.
|
"Respiratory care practitioner" means a person who is |
licensed by the
Department of Professional Regulation and meets |
all of the following
criteria:
|
(1) The person is engaged in the practice of |
cardiorespiratory care and
has the knowledge and skill |
|
necessary to administer respiratory care.
|
(2) The person is capable of serving as a resource to |
the
licensed
health care professional in
relation to the |
technical aspects of cardiorespiratory care and the safe |
and
effective methods for administering cardiorespiratory |
care modalities.
|
(3) The person is able to function in situations of |
unsupervised patient
contact requiring great individual |
judgment.
|
(Source: P.A. 94-523, eff. 1-1-06.)
|
Section 150. The Barber, Cosmetology, Esthetics, and Nail
|
Technology Act of 1985 is amended by changing Section 1-11 as |
follows:
|
(225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
|
(Section scheduled to be repealed on January 1, 2016)
|
Sec. 1-11. Exceptions to Act.
|
(a) Nothing in this Act shall be construed to apply to the |
educational
activities conducted in connection with any |
monthly, annual or other
special educational program of any |
bona fide association of licensed
cosmetologists, |
estheticians, nail technicians, or barbers, or
licensed |
cosmetology, esthetics, nail technology, or barber
schools |
from which the general public is excluded.
|
(b) Nothing in this Act shall be construed to apply to the |
|
activities
and services of registered nurses or licensed |
practical nurses, as defined in
the Nurse Practice Act
Nursing |
and Advanced Practice Nursing Act , or to personal care or |
health
care services
provided by individuals in the performance |
of their duties as employed or
authorized by facilities or |
programs licensed or certified by State agencies.
As used in |
this subsection (b), "personal care" means assistance with |
meals,
dressing, movement, bathing, or other personal needs or |
maintenance or general
supervision and oversight of the |
physical and mental well-being of an
individual who is |
incapable of maintaining a private,
independent residence or |
who is incapable of managing his or her person whether
or not a |
guardian has been appointed for that individual.
The definition |
of "personal care" as used in this subsection (b) shall not
|
otherwise be construed to negate the requirements of this Act |
or its rules.
|
(c) Nothing in this Act shall be deemed to require |
licensure of
individuals employed by the motion picture, film, |
television, stage play or
related industry for the purpose of |
providing cosmetology or esthetics
services to actors of that |
industry while engaged in the practice of
cosmetology or |
esthetics as a part of that person's employment.
|
(Source: P.A. 90-580, eff. 5-21-98; 90-742, eff.
8-13-98; |
91-357, eff. 7-29-99 .)
|
Section 155. The Nurse Agency Licensing Act is amended by |
|
changing Section 3 as follows:
|
(225 ILCS 510/3) (from Ch. 111, par. 953)
|
Sec. 3. Definitions. As used in this Act:
|
(a) "Certified nurse aide" means an individual certified as |
defined in
Section 3-206 of the Nursing Home Care Act, as now |
or hereafter amended.
|
(b) "Department" means the Department of Labor.
|
(c) "Director" means the Director of Labor.
|
(d) "Health care facility" is defined as in Section 3 of |
the Illinois
Health Facilities Planning Act, as now or |
hereafter amended.
|
(e) "Licensee" means any nursing agency which is properly |
licensed under
this Act.
|
(f) "Nurse" means a registered nurse or a licensed |
practical nurse as
defined in the Nurse Practice Act
Nursing |
and Advanced Practice Nursing Act .
|
(g) "Nurse agency" means any individual, firm, |
corporation,
partnership or other legal entity that employs, |
assigns or refers nurses
or certified nurse aides to a health |
care facility for a
fee. The term "nurse agency" includes |
nurses registries. The term "nurse
agency" does not include |
services provided by home
health agencies licensed and operated |
under the Home Health, Home Services, and Home Nursing Agency
|
Licensing Act or a licensed or certified
individual who |
provides his or her own services as a regular employee of a
|
|
health care facility, nor does it apply to a health care |
facility's
organizing nonsalaried employees to provide |
services only in that
facility.
|
(Source: P.A. 94-379, eff. 1-1-06.)
|
Section 160. The Illinois Public Aid Code is amended by |
changing Section 8A-7.1 as follows:
|
(305 ILCS 5/8A-7.1) (from Ch. 23, par. 8A-7.1)
|
Sec. 8A-7.1. The Director, upon making a
determination |
based upon information in the possession of the Illinois
|
Department, that continuation in practice of a licensed health |
care
professional would constitute an immediate danger to the |
public, shall submit
a written communication to the Director of |
Professional Regulation indicating
such determination and
|
additionally providing a complete summary of the information |
upon which
such determination is based, and recommending that |
the Director of
Professional Regulation immediately suspend |
such person's
license. All relevant evidence, or copies |
thereof, in the Illinois
Department's possession may also be |
submitted in conjunction with the written
communication. A copy |
of such written communication, which is exempt from
the copying |
and inspection provisions of the Freedom of Information Act,
|
shall at the time of submittal to the Director
of Professional |
Regulation
be simultaneously mailed to the last known business |
address of such licensed
health care professional by certified |
|
or registered postage, United States
Mail, return receipt |
requested. Any evidence, or copies thereof, which is
submitted |
in conjunction with the written communication is also exempt |
from
the copying and inspection provisions of the Freedom of |
Information Act.
|
The Director, upon making a determination based upon |
information in the
possession of the Illinois Department, that |
a licensed health care
professional is willfully committing |
fraud upon the Illinois Department's
medical assistance |
program, shall submit a written communication to the
Director |
of Professional Regulation indicating such
determination and |
additionally providing a complete summary of the
information |
upon which such determination is based. All relevant evidence,
|
or copies thereof, in the Illinois Department's possession may |
also be
submitted in conjunction with the written |
communication.
|
Upon receipt of such written communication, the Director of
|
Professional Regulation shall promptly investigate the
|
allegations contained in such written communication. A copy of |
such
written communication, which is exempt from the copying |
and inspection
provisions of the Freedom of Information Act, |
shall at the time of
submission to the Director of Professional |
Regulation,
be simultaneously mailed to the last known address |
of such licensed health
care professional by certified or |
registered postage, United States Mail,
return receipt |
requested. Any evidence, or copies thereof, which
is submitted |
|
in conjunction with the written communication is also exempt
|
from the copying and inspection provisions of the Freedom of |
Information Act.
|
For the purposes of this Section, "licensed health care |
professional"
means any person licensed under the Illinois |
Dental Practice Act, the Nurse Practice Act
Nursing
and |
Advanced Practice Nursing Act , the Medical Practice Act of |
1987, the
Pharmacy Practice Act of 1987, the Podiatric Medical |
Practice Act of 1987,
or the Illinois Optometric Practice Act |
of 1987.
|
(Source: P.A. 92-651, eff. 7-11-02.)
|
Section 165. The Elder Abuse and Neglect Act is amended by |
changing Section 2 as follows:
|
(320 ILCS 20/2) (from Ch. 23, par. 6602)
|
Sec. 2. Definitions. As used in this Act, unless the |
context
requires otherwise:
|
(a) "Abuse" means causing any physical, mental or sexual |
injury to an
eligible adult, including exploitation of such |
adult's financial resources.
|
Nothing in this Act shall be construed to mean that an |
eligible adult is a
victim of abuse, neglect, or self-neglect |
for the sole reason that he or she is being
furnished with or |
relies upon treatment by spiritual means through prayer
alone, |
in accordance with the tenets and practices of a recognized |
|
church
or religious denomination.
|
Nothing in this Act shall be construed to mean that an |
eligible adult is a
victim of abuse because of health care |
services provided or not provided by
licensed health care |
professionals.
|
(a-5) "Abuser" means a person who abuses, neglects, or |
financially
exploits an eligible adult.
|
(a-7) "Caregiver" means a person who either as a result of |
a family
relationship, voluntarily, or in exchange for |
compensation has assumed
responsibility for all or a portion of |
the care of an eligible adult who needs
assistance with |
activities of daily
living.
|
(b) "Department" means the Department on Aging of the State |
of Illinois.
|
(c) "Director" means the Director of the Department.
|
(d) "Domestic living situation" means a residence where the |
eligible
adult lives alone or with his or her family or a |
caregiver, or others,
or a board and care home or other |
community-based unlicensed facility, but
is not:
|
(1) A licensed facility as defined in Section 1-113 of |
the Nursing Home
Care Act;
|
(2) A "life care facility" as defined in the Life Care |
Facilities Act;
|
(3) A home, institution, or other place operated by the |
federal
government or agency thereof or by the State of |
Illinois;
|
|
(4) A hospital, sanitarium, or other institution, the |
principal activity
or business of which is the diagnosis, |
care, and treatment of human illness
through the |
maintenance and operation of organized facilities |
therefor,
which is required to be licensed under the |
Hospital Licensing Act;
|
(5) A "community living facility" as defined in the |
Community Living
Facilities Licensing Act;
|
(6) A "community residential alternative" as defined |
in the Community
Residential Alternatives Licensing Act;
|
(7) A "community-integrated living arrangement" as |
defined in
the Community-Integrated Living Arrangements |
Licensure and Certification Act;
|
(8) An assisted living or shared housing establishment |
as defined in the Assisted Living and Shared Housing Act; |
or
|
(9) A supportive living facility as described in |
Section 5-5.01a of the Illinois Public Aid Code.
|
(e) "Eligible adult" means a person 60 years of age or |
older who
resides in a domestic living situation and is, or is |
alleged
to be, abused, neglected, or financially exploited by |
another individual or who neglects himself or herself.
|
(f) "Emergency" means a situation in which an eligible |
adult is living
in conditions presenting a risk of death or |
physical, mental or sexual
injury and the provider agency has |
reason to believe the eligible adult is
unable to
consent to |
|
services which would alleviate that risk.
|
(f-5) "Mandated reporter" means any of the following |
persons
while engaged in carrying out their professional |
duties:
|
(1) a professional or professional's delegate while |
engaged in: (i) social
services, (ii) law enforcement, |
(iii) education, (iv) the care of an eligible
adult or |
eligible adults, or (v) any of the occupations required to |
be licensed
under
the Clinical Psychologist Licensing Act, |
the Clinical Social Work and Social
Work Practice Act, the |
Illinois Dental Practice Act, the Dietetic and Nutrition
|
Services Practice Act, the Marriage and Family Therapy |
Licensing Act, the
Medical Practice Act of 1987, the |
Naprapathic Practice Act, the
Nurse Practice Act
Nursing |
and Advanced Practice Nursing Act , the Nursing Home
|
Administrators Licensing and
Disciplinary Act, the |
Illinois Occupational Therapy Practice Act, the Illinois
|
Optometric Practice Act of 1987, the Pharmacy Practice Act |
of 1987, the
Illinois Physical Therapy Act, the Physician |
Assistant Practice Act of 1987,
the Podiatric Medical |
Practice Act of 1987, the Respiratory Care Practice
Act,
|
the Professional Counselor and
Clinical Professional |
Counselor Licensing Act, the Illinois Speech-Language
|
Pathology and Audiology Practice Act, the Veterinary |
Medicine and Surgery
Practice Act of 2004, and the Illinois |
Public Accounting Act;
|
|
(2) an employee of a vocational rehabilitation |
facility prescribed or
supervised by the Department of |
Human Services;
|
(3) an administrator, employee, or person providing |
services in or through
an unlicensed community based |
facility;
|
(4) any religious practitioner who provides treatment |
by prayer or spiritual means alone in accordance with the |
tenets and practices of a recognized church or religious |
denomination, except as to information received in any |
confession or sacred communication enjoined by the |
discipline of the religious denomination to be held |
confidential;
|
(5) field personnel of the Department of Healthcare and |
Family Services, Department of Public
Health, and |
Department of Human Services, and any county or
municipal |
health department;
|
(6) personnel of the Department of Human Services, the |
Guardianship and
Advocacy Commission, the State Fire |
Marshal, local fire departments, the
Department on Aging |
and its subsidiary Area Agencies on Aging and provider
|
agencies, and the Office of State Long Term Care Ombudsman;
|
(7) any employee of the State of Illinois not otherwise |
specified herein
who is involved in providing services to |
eligible adults, including
professionals providing medical |
or rehabilitation services and all
other persons having |
|
direct contact with eligible adults;
|
(8) a person who performs the duties of a coroner
or |
medical examiner; or
|
(9) a person who performs the duties of a paramedic or |
an emergency
medical
technician.
|
(g) "Neglect" means
another individual's failure to |
provide an eligible
adult with or willful withholding from an |
eligible adult the necessities of
life including, but not |
limited to, food, clothing, shelter or health care.
This |
subsection does not create any new affirmative duty to provide |
support to
eligible adults. Nothing in this Act shall be |
construed to mean that an
eligible adult is a victim of neglect |
because of health care services provided
or not provided by |
licensed health care professionals.
|
(h) "Provider agency" means any public or nonprofit agency |
in a planning
and service area appointed by the regional |
administrative agency with prior
approval by the Department on |
Aging to receive and assess reports of
alleged or suspected |
abuse, neglect, or financial exploitation.
|
(i) "Regional administrative agency" means any public or |
nonprofit
agency in a planning and service area so designated |
by the Department,
provided that the designated Area Agency on |
Aging shall be designated the
regional administrative agency if |
it so requests.
The Department shall assume the functions of |
the regional administrative
agency for any planning and service |
area where another agency is not so
designated.
|
|
(i-5) "Self-neglect" means a condition that is the result |
of an eligible adult's inability, due to physical or mental |
impairments, or both, or a diminished capacity, to perform |
essential self-care tasks that substantially threaten his or |
her own health, including: providing essential food, clothing, |
shelter, and health care; and obtaining goods and services |
necessary to maintain physical health, mental health, |
emotional well-being, and general safety.
|
(j) "Substantiated case" means a reported case of alleged |
or suspected
abuse, neglect, financial exploitation, or |
self-neglect in which a provider agency,
after assessment, |
determines that there is reason to believe abuse,
neglect, or |
financial exploitation has occurred.
|
(Source: P.A. 93-281 eff. 12-31-03; 93-300, eff. 1-1-04; |
94-1064, eff. 1-1-07.)
|
Section 170. The Prenatal and Newborn Care Act is amended |
by changing Section 2 as follows:
|
(410 ILCS 225/2) (from Ch. 111 1/2, par. 7022)
|
Sec. 2. Definitions. As used in this Act, unless the |
context otherwise
requires:
|
"Advanced practice nurse" or "APN" means an advanced |
practice nurse licensed under the Nurse Practice Act
Nursing |
and Advanced Practice Nursing Act who has a written |
collaborative agreement with a collaborating physician that |
|
authorizes the provision of prenatal and newborn care.
|
"Department" means the Illinois Department of Human |
Services.
|
"Early and Periodic Screening, Diagnosis and Treatment |
(EPSDT)" means
the provision of preventative health care under |
42 C.F.R. 441.50 et seq.,
including medical and dental |
services, needed to assess growth and
development and detect |
and treat health problems.
|
"Hospital" means a hospital as defined under the Hospital |
Licensing Act.
|
"Local health authority" means the full-time official |
health
department or board of health, as recognized by the |
Illinois Department
of Public Health, having
jurisdiction over |
a particular area.
|
"Nurse" means a nurse licensed under the Nurse Practice Act
|
Nursing and
Advanced Practice Nursing Act .
|
"Physician" means a physician licensed to practice |
medicine in all of
its branches.
|
"Physician assistant" means a physician assistant licensed |
under the Physician Assistant Practice Act of 1987 who has been |
delegated authority to provide prenatal and newborn care.
|
"Postnatal visit" means a visit occurring after birth, with
|
reference to the newborn.
|
"Prenatal visit" means a visit occurring before birth.
|
"Program" means the Prenatal and Newborn Care Program |
established
pursuant to this Act.
|
|
(Source: P.A. 93-962, eff. 8-20-04.)
|
Section 175. The Illinois Sexually Transmissible Disease |
Control Act is amended by changing Section 4 as follows:
|
(410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)
|
Sec. 4. Reporting required.
|
(a) A physician licensed under the provisions of the |
Medical Practice Act
of 1987, an advanced practice nurse |
licensed under the provisions of the Nurse Practice Act
Nursing |
and Advanced Practice Nursing Act who has a written |
collaborative agreement with a collaborating physician that |
authorizes the provision of services for a sexually |
transmissible disease, or a physician assistant licensed under |
the provisions of the Physician Assistant Practice Act of 1987 |
who has been delegated authority to provide services for a |
sexually transmissible disease
who makes a diagnosis of or |
treats a person with a sexually
transmissible disease and each |
laboratory that performs a test for a sexually
transmissible |
disease which concludes with a positive result shall report |
such
facts as may be required by the Department by rule, within |
such time period as
the Department may require by rule, but in |
no case to exceed 2 weeks.
|
(b) The Department shall adopt rules specifying the |
information
required in reporting a sexually transmissible |
disease, the method of
reporting and specifying a minimum time |
|
period for reporting. In adopting
such rules, the Department |
shall consider the need for information,
protections for the |
privacy and confidentiality of the patient, and the
practical |
abilities of persons and laboratories to report in a reasonable
|
fashion.
|
(c) Any person who knowingly or maliciously disseminates |
any false
information or report concerning the existence of any |
sexually
transmissible disease under this Section is guilty of |
a Class A misdemeanor.
|
(d) Any person who violates the provisions of this Section |
or the rules
adopted hereunder may be fined by the Department |
up to $500 for each
violation. The Department shall report each |
violation of this Section to
the regulatory agency responsible |
for licensing a health care professional
or a laboratory to |
which these provisions apply.
|
(Source: P.A. 93-962, eff. 8-20-04.)
|
Section 180. The Home Health and Hospice Drug Dispensation |
and Administration Act is amended by changing Section 10 as |
follows: |
(410 ILCS 642/10)
|
Sec. 10. Definitions. In this Act: |
"Authorized nursing employee" means a registered nurse or |
advanced practice nurse, as defined in the Nurse Practice Act
|
Nursing and Advanced Practice Nursing Act , who is employed by a |
|
home health agency or hospice licensed in this State. |
"Health care professional" means a physician licensed to |
practice medicine in all its branches, an advanced practice |
nurse who has a written collaborative agreement with a |
collaborating physician that authorizes services under this |
Act, or a physician assistant who has been delegated the |
authority to perform services under this Act by his or her |
supervising physician. |
"Home health agency" has the meaning ascribed to it in |
Section 2.04 of the Home Health , Home Services, and Home |
Nursing Agency Licensing Act.
|
"Hospice" means a full hospice, as defined in Section 3 of |
the Hospice Program Licensing Act. |
"Physician" means a physician licensed under the Medical |
Practice Act of 1987 to practice medicine in all its branches.
|
(Source: P.A. 94-638, eff. 8-22-05; revised 10-19-06.) |
Section 190. The Illinois Abortion Law of 1975 is amended |
by changing Section 11 as follows:
|
(720 ILCS 510/11) (from Ch. 38, par. 81-31)
|
Sec. 11. (1) Any person who intentionally violates any |
provision of this
Law commits a Class A misdemeanor unless a |
specific penalty is otherwise
provided. Any person who |
intentionally falsifies any writing required by
this Law |
commits a Class A misdemeanor.
|
|
Intentional, knowing, reckless, or negligent violations of |
this Law shall
constitute unprofessional conduct which causes |
public harm under Section
22 of the Medical Practice Act of |
1987, as amended; Sections 70-5 of the Nurse Practice Act
|
Sections
10-45 and 15-50 of
the
Nursing and Advanced Practice |
Nursing Act , and
Section 21 of the Physician Assistant
Practice |
Act of 1987, as amended.
|
Intentional, knowing, reckless or negligent violations of |
this Law will
constitute grounds for refusal, denial, |
revocation,
suspension, or withdrawal of license, certificate, |
or permit under Section
30 of the Pharmacy Practice Act of |
1987, as amended; Section 7 of
the Ambulatory Surgical |
Treatment Center
Act, effective July 19, 1973, as amended; and |
Section 7 of the Hospital
Licensing Act.
|
(2) Any hospital or licensed facility which, or any
|
physician who intentionally, knowingly, or recklessly
fails to |
submit a complete report to the Department in accordance with |
the
provisions of Section 10 of this Law and any person who |
intentionally,
knowingly, recklessly or negligently fails to |
maintain the confidentiality
of any reports required under this |
Law or reports required by
Sections 10.1 or 12 of this Law |
commits a Class B misdemeanor.
|
(3) Any person who sells any drug, medicine, instrument or |
other
substance which he knows to be an abortifacient and which |
is in fact an
abortifacient, unless upon prescription of a |
physician, is guilty of a
Class B misdemeanor. Any person who |
|
prescribes or administers any instrument,
medicine, drug or |
other substance or device, which he knows to be an
|
abortifacient, and which is in fact an abortifacient, and |
intentionally,
knowingly or recklessly fails to inform the |
person for whom it is
prescribed or upon whom it is |
administered that it is an abortifacient
commits a Class C |
misdemeanor.
|
(4) Any person who intentionally, knowingly or recklessly
|
performs upon a woman what he represents to that woman to be an
|
abortion when he knows or should know that she is not pregnant |
commits
a Class 2 felony and shall be answerable in
civil |
damages equal to 3 times the amount of proved damages.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
Section 195. The Illinois Controlled Substances Act is |
amended by changing Sections 102, 103, and 303.05 as follows: |
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) |
Sec. 102. Definitions. As used in this Act, unless the |
context
otherwise requires:
|
(a) "Addict" means any person who habitually uses any drug, |
chemical,
substance or dangerous drug other than alcohol so as |
to endanger the public
morals, health, safety or welfare or who |
is so far addicted to the use of a
dangerous drug or controlled |
substance other than alcohol as to have lost
the power of self |
control with reference to his addiction.
|
|
(b) "Administer" means the direct application of a |
controlled
substance, whether by injection, inhalation, |
ingestion, or any other
means, to the body of a patient, |
research subject, or animal (as
defined by the Humane |
Euthanasia in Animal Shelters Act) by:
|
(1) a practitioner (or, in his presence, by his |
authorized agent),
|
(2) the patient or research subject at the lawful |
direction of the
practitioner, or
|
(3) a euthanasia technician as defined by the Humane |
Euthanasia in
Animal Shelters Act.
|
(c) "Agent" means an authorized person who acts on behalf |
of or at
the direction of a manufacturer, distributor, or |
dispenser. It does not
include a common or contract carrier, |
public warehouseman or employee of
the carrier or warehouseman.
|
(c-1) "Anabolic Steroids" means any drug or hormonal |
substance,
chemically and pharmacologically related to |
testosterone (other than
estrogens, progestins, and |
corticosteroids) that promotes muscle growth,
and includes:
|
(i) boldenone,
|
(ii) chlorotestosterone,
|
(iii) chostebol,
|
(iv) dehydrochlormethyltestosterone,
|
(v) dihydrotestosterone,
|
(vi) drostanolone,
|
(vii) ethylestrenol,
|
|
(viii) fluoxymesterone,
|
(ix) formebulone,
|
(x) mesterolone,
|
(xi) methandienone,
|
(xii) methandranone,
|
(xiii) methandriol,
|
(xiv) methandrostenolone,
|
(xv) methenolone,
|
(xvi) methyltestosterone,
|
(xvii) mibolerone,
|
(xviii) nandrolone,
|
(xix) norethandrolone,
|
(xx) oxandrolone,
|
(xxi) oxymesterone,
|
(xxii) oxymetholone,
|
(xxiii) stanolone,
|
(xxiv) stanozolol,
|
(xxv) testolactone,
|
(xxvi) testosterone,
|
(xxvii) trenbolone, and
|
(xxviii) any salt, ester, or isomer of a drug or |
substance described
or listed in this paragraph, if |
that salt, ester, or isomer promotes muscle
growth.
|
Any person who is otherwise lawfully in possession of an |
anabolic
steroid, or who otherwise lawfully manufactures, |
distributes, dispenses,
delivers, or possesses with intent to |
|
deliver an anabolic steroid, which
anabolic steroid is |
expressly intended for and lawfully allowed to be
administered |
through implants to livestock or other nonhuman species, and
|
which is approved by the Secretary of Health and Human Services |
for such
administration, and which the person intends to |
administer or have
administered through such implants, shall |
not be considered to be in
unauthorized possession or to |
unlawfully manufacture, distribute, dispense,
deliver, or |
possess with intent to deliver such anabolic steroid for
|
purposes of this Act.
|
(d) "Administration" means the Drug Enforcement |
Administration,
United States Department of Justice, or its |
successor agency.
|
(e) "Control" means to add a drug or other substance, or |
immediate
precursor, to a Schedule under Article II of this Act |
whether by
transfer from another Schedule or otherwise.
|
(f) "Controlled Substance" means a drug, substance, or |
immediate
precursor in the Schedules of Article II of this Act.
|
(g) "Counterfeit substance" means a controlled substance, |
which, or
the container or labeling of which, without |
authorization bears the
trademark, trade name, or other |
identifying mark, imprint, number or
device, or any likeness |
thereof, of a manufacturer, distributor, or
dispenser other |
than the person who in fact manufactured, distributed,
or |
dispensed the substance.
|
(h) "Deliver" or "delivery" means the actual, constructive |
|
or
attempted transfer of possession of a controlled substance, |
with or
without consideration, whether or not there is an |
agency relationship.
|
(i) "Department" means the Illinois Department of Human |
Services (as
successor to the Department of Alcoholism and |
Substance Abuse) or its successor agency.
|
(j) "Department of State Police" means the Department of |
State
Police of the State of Illinois or its successor agency.
|
(k) "Department of Corrections" means the Department of |
Corrections
of the State of Illinois or its successor agency.
|
(l) "Department of Professional Regulation" means the |
Department
of Professional Regulation of the State of Illinois |
or its successor agency.
|
(m) "Depressant" or "stimulant substance" means:
|
(1) a drug which contains any quantity of (i) |
barbituric acid or
any of the salts of barbituric acid |
which has been designated as habit
forming under section |
502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 |
U.S.C. 352 (d)); or
|
(2) a drug which contains any quantity of (i) |
amphetamine or
methamphetamine and any of their optical |
isomers; (ii) any salt of
amphetamine or methamphetamine or |
any salt of an optical isomer of
amphetamine; or (iii) any |
substance which the Department, after
investigation, has |
found to be, and by rule designated as, habit forming
|
because of its depressant or stimulant effect on the |
|
central nervous
system; or
|
(3) lysergic acid diethylamide; or
|
(4) any drug which contains any quantity of a substance |
which the
Department, after investigation, has found to |
have, and by rule
designated as having, a potential for |
abuse because of its depressant or
stimulant effect on the |
central nervous system or its hallucinogenic
effect.
|
(n) (Blank).
|
(o) "Director" means the Director of the Department of |
State Police or
the Department of Professional Regulation or |
his designated agents.
|
(p) "Dispense" means to deliver a controlled substance to |
an
ultimate user or research subject by or pursuant to the |
lawful order of
a prescriber, including the prescribing, |
administering, packaging,
labeling, or compounding necessary |
to prepare the substance for that
delivery.
|
(q) "Dispenser" means a practitioner who dispenses.
|
(r) "Distribute" means to deliver, other than by |
administering or
dispensing, a controlled substance.
|
(s) "Distributor" means a person who distributes.
|
(t) "Drug" means (1) substances recognized as drugs in the |
official
United States Pharmacopoeia, Official Homeopathic |
Pharmacopoeia of the
United States, or official National |
Formulary, or any supplement to any
of them; (2) substances |
intended for use in diagnosis, cure, mitigation,
treatment, or |
prevention of disease in man or animals; (3) substances
(other |
|
than food) intended to affect the structure of any function of
|
the body of man or animals and (4) substances intended for use |
as a
component of any article specified in clause (1), (2), or |
(3) of this
subsection. It does not include devices or their |
components, parts, or
accessories.
|
(t-5) "Euthanasia agency" means
an entity certified by the |
Department of Professional Regulation for the
purpose of animal |
euthanasia that holds an animal control facility license or
|
animal
shelter license under the Animal Welfare Act. A |
euthanasia agency is
authorized to purchase, store, possess, |
and utilize Schedule II nonnarcotic and
Schedule III |
nonnarcotic drugs for the sole purpose of animal euthanasia.
|
(t-10) "Euthanasia drugs" means Schedule II or Schedule III |
substances
(nonnarcotic controlled substances) that are used |
by a euthanasia agency for
the purpose of animal euthanasia.
|
(u) "Good faith" means the prescribing or dispensing of a |
controlled
substance by a practitioner in the regular course of |
professional
treatment to or for any person who is under his |
treatment for a
pathology or condition other than that |
individual's physical or
psychological dependence upon or |
addiction to a controlled substance,
except as provided herein: |
and application of the term to a pharmacist
shall mean the |
dispensing of a controlled substance pursuant to the
|
prescriber's order which in the professional judgment of the |
pharmacist
is lawful. The pharmacist shall be guided by |
accepted professional
standards including, but not limited to |
|
the following, in making the
judgment:
|
(1) lack of consistency of doctor-patient |
relationship,
|
(2) frequency of prescriptions for same drug by one |
prescriber for
large numbers of patients,
|
(3) quantities beyond those normally prescribed,
|
(4) unusual dosages,
|
(5) unusual geographic distances between patient, |
pharmacist and
prescriber,
|
(6) consistent prescribing of habit-forming drugs.
|
(u-1) "Home infusion services" means services provided by a |
pharmacy in
compounding solutions for direct administration to |
a patient in a private
residence, long-term care facility, or |
hospice setting by means of parenteral,
intravenous, |
intramuscular, subcutaneous, or intraspinal infusion.
|
(v) "Immediate precursor" means a substance:
|
(1) which the Department has found to be and by rule |
designated as
being a principal compound used, or produced |
primarily for use, in the
manufacture of a controlled |
substance;
|
(2) which is an immediate chemical intermediary used or |
likely to
be used in the manufacture of such controlled |
substance; and
|
(3) the control of which is necessary to prevent, |
curtail or limit
the manufacture of such controlled |
substance.
|
|
(w) "Instructional activities" means the acts of teaching, |
educating
or instructing by practitioners using controlled |
substances within
educational facilities approved by the State |
Board of Education or
its successor agency.
|
(x) "Local authorities" means a duly organized State, |
County or
Municipal peace unit or police force.
|
(y) "Look-alike substance" means a substance, other than a |
controlled
substance which (1) by overall dosage unit |
appearance, including shape,
color, size, markings or lack |
thereof, taste, consistency, or any other
identifying physical |
characteristic of the substance, would lead a reasonable
person |
to believe that the substance is a controlled substance, or (2) |
is
expressly or impliedly represented to be a controlled |
substance or is
distributed under circumstances which would |
lead a reasonable person to
believe that the substance is a |
controlled substance. For the purpose of
determining whether |
the representations made or the circumstances of the
|
distribution would lead a reasonable person to believe the |
substance to be
a controlled substance under this clause (2) of |
subsection (y), the court or
other authority may consider the |
following factors in addition to any other
factor that may be |
relevant:
|
(a) statements made by the owner or person in control |
of the substance
concerning its nature, use or effect;
|
(b) statements made to the buyer or recipient that the |
substance may
be resold for profit;
|
|
(c) whether the substance is packaged in a manner |
normally used for the
illegal distribution of controlled |
substances;
|
(d) whether the distribution or attempted distribution |
included an
exchange of or demand for money or other |
property as consideration, and
whether the amount of the |
consideration was substantially greater than the
|
reasonable retail market value of the substance.
|
Clause (1) of this subsection (y) shall not apply to a |
noncontrolled
substance in its finished dosage form that was |
initially introduced into
commerce prior to the initial |
introduction into commerce of a controlled
substance in its |
finished dosage form which it may substantially resemble.
|
Nothing in this subsection (y) prohibits the dispensing or |
distributing
of noncontrolled substances by persons authorized |
to dispense and
distribute controlled substances under this |
Act, provided that such action
would be deemed to be carried |
out in good faith under subsection (u) if the
substances |
involved were controlled substances.
|
Nothing in this subsection (y) or in this Act prohibits the |
manufacture,
preparation, propagation, compounding, |
processing, packaging, advertising
or distribution of a drug or |
drugs by any person registered pursuant to
Section 510 of the |
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
|
(y-1) "Mail-order pharmacy" means a pharmacy that is |
located in a state
of the United States, other than Illinois, |
|
that delivers, dispenses or
distributes, through the United |
States Postal Service or other common
carrier, to Illinois |
residents, any substance which requires a prescription.
|
(z) "Manufacture" means the production, preparation, |
propagation,
compounding, conversion or processing of a |
controlled substance other than methamphetamine, either
|
directly or indirectly, by extraction from substances of |
natural origin,
or independently by means of chemical |
synthesis, or by a combination of
extraction and chemical |
synthesis, and includes any packaging or
repackaging of the |
substance or labeling of its container, except that
this term |
does not include:
|
(1) by an ultimate user, the preparation or compounding |
of a
controlled substance for his own use; or
|
(2) by a practitioner, or his authorized agent under |
his
supervision, the preparation, compounding, packaging, |
or labeling of a
controlled substance:
|
(a) as an incident to his administering or |
dispensing of a
controlled substance in the course of |
his professional practice; or
|
(b) as an incident to lawful research, teaching or |
chemical
analysis and not for sale.
|
(z-1) (Blank).
|
(aa) "Narcotic drug" means any of the following, whether |
produced
directly or indirectly by extraction from substances |
of natural origin,
or independently by means of chemical |
|
synthesis, or by a combination of
extraction and chemical |
synthesis:
|
(1) opium and opiate, and any salt, compound, |
derivative, or
preparation of opium or opiate;
|
(2) any salt, compound, isomer, derivative, or |
preparation thereof
which is chemically equivalent or |
identical with any of the substances
referred to in clause |
(1), but not including the isoquinoline alkaloids
of opium;
|
(3) opium poppy and poppy straw;
|
(4) coca leaves and any salts, compound, isomer, salt |
of an isomer,
derivative, or preparation of coca leaves |
including cocaine or ecgonine,
and any salt, compound, |
isomer, derivative, or preparation thereof which is
|
chemically equivalent or identical with any of these |
substances, but not
including decocainized coca leaves or |
extractions of coca leaves which do
not contain cocaine or |
ecgonine (for the purpose of this paragraph, the
term |
"isomer" includes optical, positional and geometric |
isomers).
|
(bb) "Nurse" means a registered nurse licensed under the
|
Nurse Practice Act
Nursing and Advanced Practice Nursing Act .
|
(cc) (Blank).
|
(dd) "Opiate" means any substance having an addiction |
forming or
addiction sustaining liability similar to morphine |
or being capable of
conversion into a drug having addiction |
forming or addiction sustaining
liability.
|
|
(ee) "Opium poppy" means the plant of the species Papaver
|
somniferum L., except its seeds.
|
(ff) "Parole and Pardon Board" means the Parole and Pardon |
Board of
the State of Illinois or its successor agency.
|
(gg) "Person" means any individual, corporation, |
mail-order pharmacy,
government or governmental subdivision or |
agency, business trust, estate,
trust, partnership or |
association, or any other entity.
|
(hh) "Pharmacist" means any person who holds a certificate |
of
registration as a registered pharmacist, a local registered |
pharmacist
or a registered assistant pharmacist under the |
Pharmacy Practice Act of 1987.
|
(ii) "Pharmacy" means any store, ship or other place in |
which
pharmacy is authorized to be practiced under the Pharmacy |
Practice Act of 1987.
|
(jj) "Poppy straw" means all parts, except the seeds, of |
the opium
poppy, after mowing.
|
(kk) "Practitioner" means a physician licensed to practice |
medicine in all
its branches, dentist, podiatrist,
|
veterinarian, scientific investigator, pharmacist, physician |
assistant,
advanced practice nurse,
licensed practical
nurse, |
registered nurse, hospital, laboratory, or pharmacy, or other
|
person licensed, registered, or otherwise lawfully permitted |
by the
United States or this State to distribute, dispense, |
conduct research
with respect to, administer or use in teaching |
or chemical analysis, a
controlled substance in the course of |
|
professional practice or research.
|
(ll) "Pre-printed prescription" means a written |
prescription upon which
the designated drug has been indicated |
prior to the time of issuance.
|
(mm) "Prescriber" means a physician licensed to practice |
medicine in all
its branches, dentist, podiatrist or
|
veterinarian who issues a prescription, a physician assistant |
who
issues a
prescription for a Schedule III, IV, or V |
controlled substance
in accordance
with Section 303.05 and the |
written guidelines required under Section 7.5
of the
Physician |
Assistant Practice Act of 1987, or an advanced practice
nurse |
with prescriptive authority delegated under Section 65-40 of |
the Nurse Practice Act and in accordance with Section 303.05
|
and a written
collaborative agreement under Section 65-35 of |
the Nurse Practice Act
Sections 15-15 and 15-20 of
the Nursing |
and Advanced Practice Nursing Act .
|
(nn) "Prescription" means a lawful written, facsimile, or |
verbal order
of
a physician licensed to practice medicine in |
all its branches,
dentist, podiatrist or veterinarian for any |
controlled
substance, of a physician assistant for a Schedule |
III, IV, or V
controlled substance
in accordance with Section |
303.05 and the written guidelines required under
Section 7.5 of |
the
Physician Assistant Practice Act of 1987, or of an advanced |
practice
nurse with prescriptive authority delegated under |
Section 65-40 of the Nurse Practice Act who issues a |
prescription for a Schedule III, IV, or V
controlled substance |
|
in accordance
with
Section 303.05 and a written collaborative |
agreement under Section 65-35 of the Nurse Practice Act
|
Sections 15-15
and
15-20 of the Nursing and Advanced Practice |
Nursing Act .
|
(oo) "Production" or "produce" means manufacture, |
planting,
cultivating, growing, or harvesting of a controlled |
substance other than methamphetamine.
|
(pp) "Registrant" means every person who is required to |
register
under Section 302 of this Act.
|
(qq) "Registry number" means the number assigned to each |
person
authorized to handle controlled substances under the |
laws of the United
States and of this State.
|
(rr) "State" includes the State of Illinois and any state, |
district,
commonwealth, territory, insular possession thereof, |
and any area
subject to the legal authority of the United |
States of America.
|
(ss) "Ultimate user" means a person who lawfully possesses |
a
controlled substance for his own use or for the use of a |
member of his
household or for administering to an animal owned |
by him or by a member
of his household.
|
(Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03; |
94-556, eff. 9-11-05.)
|
(720 ILCS 570/103) (from Ch. 56 1/2, par. 1103)
|
Sec. 103. Scope of Act. Nothing in this Act limits the |
lawful authority
granted by the
Medical Practice Act of 1987, |
|
the Nurse Practice Act
Nursing and Advanced Practice
Nursing |
Act , or
the Pharmacy Practice Act of 1987.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
(720 ILCS 570/303.05)
|
Sec. 303.05. Mid-level practitioner registration.
|
(a) The Department of Professional Regulation shall |
register licensed
physician assistants and licensed advanced |
practice nurses to prescribe and
dispense Schedule
III, IV, or |
V controlled substances under Section 303 and euthanasia
|
agencies to purchase, store, or administer euthanasia drugs |
under the
following circumstances:
|
(1) with respect to physician assistants or advanced |
practice nurses,
|
(A) the physician assistant or advanced practice |
nurse has been
delegated
prescriptive authority by a |
physician licensed to practice medicine in all its
|
branches in accordance with Section 7.5 of the |
Physician Assistant Practice Act
of 1987 or Section |
65-40 of the Nurse Practice Act
Section 15-20 of the |
Nursing and Advanced Practice Nursing Act ;
and
|
(B) the physician assistant or advanced practice |
nurse has
completed the
appropriate application forms |
and has paid the required fees as set by rule;
or
|
(2) with respect to euthanasia agencies, the |
euthanasia agency has
obtained a license from the |
|
Department of
Professional Regulation and obtained a |
registration number from the
Department.
|
(b) The mid-level practitioner shall only be licensed to |
prescribe those
schedules of controlled substances for which a |
licensed physician has delegated
prescriptive authority, |
except that a euthanasia agency does not have any
prescriptive |
authority.
|
(c) Upon completion of all registration requirements, |
physician
assistants, advanced practice nurses, and euthanasia |
agencies shall be issued a
mid-level practitioner
controlled |
substances license for Illinois.
|
(Source: P.A. 93-626, eff. 12-23-03.)
|
Section 200. The Methamphetamine Control and Community |
Protection Act is amended by changing Section 110 as follows: |
(720 ILCS 646/110)
|
Sec. 110. Scope of Act. Nothing in this Act limits any |
authority or activity authorized by the Illinois Controlled |
Substances Act, the Medical Practice Act of 1987, the Nurse |
Practice Act
Nursing and Advanced Practice Nursing Act , the |
Pharmacy Practice Act of 1987, the Illinois Dental Practice |
Act, the Podiatric Medical Practice Act of 1987, or the |
Veterinary Medicine and Surgery Practice Act of 2004. Nothing |
in this Act limits the authority or activity of any law |
enforcement officer acting within the scope of his or her |
|
employment.
|
(Source: P.A. 94-556, eff. 9-11-05.) |
Section 205. The Methamphetamine Precursor Control Act is |
amended by changing Section 50 as follows: |
(720 ILCS 648/50) |
Sec. 50. Scope of Act. |
(a) Nothing in this Act limits the scope, terms, or effect |
of the Methamphetamine Control and Community Protection Act. |
(b) Nothing in this Act limits the lawful authority granted |
by the Medical Practice Act of 1987, the Nurse Practice Act
|
Nursing and Advanced Practice Nursing Act , or the Pharmacy |
Practice Act of 1987. |
(c) Nothing in this Act limits the authority or activity of |
any law enforcement officer acting within the scope of his or |
her employment.
|
(Source: P.A. 94-694, eff. 1-15-06.) |
Section 210. The Good Samaritan Act is amended by changing |
Sections 34 and 40 as follows:
|
(745 ILCS 49/34)
|
Sec. 34. Advanced practice nurse; exemption from civil
|
liability for emergency care. A person licensed as an advanced |
practice nurse
under the Nurse Practice Act
Nursing and |
|
Advanced
Practice Nursing Act who in good faith provides |
emergency care without fee to a
person shall not be liable for |
civil damages as a result of his or her acts or
omissions, |
except for willful or wanton misconduct on the part of the |
person in
providing the care.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
(745 ILCS 49/40)
|
Sec. 40. Nurses; exemption from civil liability for |
services performed
without compensation.
|
(a) No person licensed as a professional nurse or as a |
practical nurse
under the Nurse Practice Act
Nursing and |
Advanced Practice Nursing Act who, without
compensation, |
renders nursing services shall be liable, and no cause of
|
action may be brought, for damages resulting from an act or |
omission in
rendering such services unless the act or omission |
involved willful or
wanton misconduct.
|
(b) (Blank).
|
(c) As used in this Section "entity" means a |
proprietorship, partnership,
association or corporation, |
whether or not operated for profit.
|
(d) Nothing in this Section is intended to bar any cause of |
action against
an entity or change the liability of an entity |
which arises out of an act
or omission of any person exempt |
from liability for negligence under
this Section.
|
(Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)
|
|
Section 220. The Unemployment Insurance Act is amended by |
changing Section 230 as follows:
|
(820 ILCS 405/230) (from Ch. 48, par. 340)
|
Sec. 230. The term "employment" shall not include service |
performed after
1971:
|
(A) In the employ of a hospital, if such service is |
performed
by a patient of the hospital.
|
(B) As a student nurse in the employ of a hospital or a |
nurses'
training
school by an individual who is enrolled |
and is regularly attending classes
in a nurses' training |
school approved pursuant to the Nurse Practice Act
Nursing
|
and Advanced Practice Nursing Act .
|
(C) As an intern in the employ of a hospital by an |
individual who
has completed a 4 years' course in a medical |
school chartered or approved
pursuant to State law.
|
(Source: P.A. 90-742, eff. 8-13-98.)
|
(110 ILCS 915/Act rep.)
|
Section 225. The Baccalaureate Assistance Law for |
Registered Nurses is repealed.
|
(225 ILCS 65/5-17 rep.)
|
(225 ILCS 65/15-5 rep.)
|
(225 ILCS 65/15-35 rep.)
|