Public Act 102-0946
Public Act 0946 102ND GENERAL ASSEMBLY
|Public Act 102-0946|
|HB4666 Enrolled||LRB102 24163 AMQ 33389 b|
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
Information that is prohibited from
disclosure by the Illinois Police Training Act and the
State Police Act.
Records exempt from disclosure under
2605-304 of the
Police Law of the Civil
Administrative Code of Illinois.
Information prohibited from being
disclosed under Section 35 of the Address Confidentiality
for Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
Information prohibited from being
disclosed under subsection (b) of Section 75 of the
Domestic Violence Fatality Review Act.
(fff) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
102-559, eff. 8-20-21; revised 10-5-21.)
The Nurse Agency Licensing Act is amended by
changing Sections 3, 5, 7, 13, 14, and 14.1 and by adding
Section 14.3 as follows:
(225 ILCS 510/3)
(from Ch. 111, par. 953)
As used in this Act:
"Certified nurse aide" means an individual certified
as defined in
Section 3-206 of the Nursing Home Care Act,
Section 3-206 of the ID/DD Community Care Act, or Section
3-206 of the MC/DD Act, as now or hereafter amended.
"Covenant not to compete" means an agreement between a
nurse agency and an employee that restricts the employee from
(1) any work for another employer for a specified
period of time;
(2) any work in a specified geographic area; or
(3) any work for another employer that is similar to
the work the employee performs for the employer that is a
party to the agreement.
"Department" means the Department of Labor.
"Director" means the Director of Labor.
"Employee" means a nurse or a certified nurse aide.
"Health care facility" is defined as in Section 3 of
Health Facilities Planning Act, as now or
"Health care facility" also includes any
facility licensed, certified, or approved by any State agency
and subject to regulation under the Assisted Living and Shared
Housing Act or the Illinois Public Aid Code.
"Licensee" means any nursing agency which is properly
"Nurse" means a registered nurse
, an advanced practice registered nurse, or any
individual licensed under
the Nurse Practice
"Nurse agency" means any individual, firm,
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
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
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
(225 ILCS 510/5)
(from Ch. 111, par. 955)
Application for license.
An application to operate
agency shall be made to the Department on forms
provided by the Department.
A separate application shall be
submitted for each additional location
from which a nurse
agency is operated. All applications must be under
must be accompanied by an equitable application fee which will
set by the Department by rule. A separate license must be
obtained for each
location from which a nurse agency is
operated unless the nurse agency is
owned and managed by the
same person or persons. Submission of false or
information is a petty offense punishable by a fine of $500.
The application shall contain the following information:
(1) name and address of the person, partnership,
corporation or other
entity that is the applicant;
(2) if the applicant is a corporation
or limited liability
, a copy of its articles of
, a copy of its current bylaws, and the names and
its officers and directors and shareholders
owning more than 5% of the
(3) the name and location of premises from which the
(4) the names and addresses of the person or persons under
management or supervision the nurse agency will be
(5) a statement of financial solvency;
(6) a statement detailing the experience and
qualifications of the
applicant to operate a nurse agency,
however, the failure of a nurse agency
to demonstrate previous
experience to operate an agency does not in and of
constitute grounds for the denial of a license;
(7) evidence of compliance or intent to comply with State
or federal law
relating to employee compensation, including
but not limited to, social
security taxes, State and federal
income taxes, workers' compensation,
unemployment taxes, and
State and federal overtime compensation laws;
(8) evidence of
insurance in the amounts of at
compensation coverage for all nurses or certified nursing
aides employed, assigned, or referred by the nurse agency to a
health care facility
(8.5) copies of all currently effective contracts with
health care facilities; and
(9) any other relevant information which the Department
necessary to properly evaluate the applicant and
application as required by
the Department by rule.
(Source: P.A. 86-817; 86-1043; 86-1472; 87-435.)
(225 ILCS 510/7)
(from Ch. 111, par. 957)
Renewal of license.
At least 90 days prior to
expiration, the licensee shall submit
detailing the number of contracted shifts, number of shifts
missed, number of shifts fulfilled for the 3 quarters
preceding the application date, and
an application which meets
requirements of Section 5 of this Act for renewal of the
license. If the
application is approved pursuant to Section 6,
the license shall be renewed
for an additional one-year
(Source: P.A. 86-817; 86-1043.)
(225 ILCS 510/13)
(from Ch. 111, par. 963)
Application for employment.
(a) Every nurse agency shall cause
each applicant for
employment, assignment, or referral, as a nurse to
application form including the following information:
(1) name and address of the applicant;
(2) whether or not such applicant is a nurse currently
licensed by the
Department of Professional Regulation;
(3) if so licensed, the number and date of such
(4) references and dates and places of previous
Prior to employing, assigning, or referring a nurse, the
contact the Department of
Professional Regulation to determine whether the
license is valid and in good standing. Written verification
be sent by the Department of
Regulation within 20 working
days. At least biennially
agency shall contact the
Professional Regulation to verify this
writing. The nurse agency shall review the
disciplinary report published
by the Department of
Professional Regulation on a monthly basis to
whether the nurse's license is valid and in good standing.
(b) Every nurse agency shall cause each applicant for
assignment, or referral, as a certified nurse aide
to complete an
application form including the following
(1) name and address of the applicant;
(2) whether or not the nurse aide is registered as
having completed a
certified course as approved by the
Department of Public Health;
(3) references and dates and places of previous
Prior to employing, assigning, or referring a certified
nurse aide, the agency shall review the information provided
on the Health Care Worker Registry to verify that the
certification is valid
. Prior to employing, assigning, or
referring a certified nurse aide to a position at a health care
employer or long-term facility as defined in the Health Care
Worker Background Check Act, the nurse agency shall review the
information provided on the Health Care Worker Registry to
that the certified nurse aide is not ineligible
to be hired by health care employers or long-term
pursuant to Section 25 of the Health Care
Worker Background Check Act.
(c) Every nurse agency shall check at least 2 recent
references and the
dates of employment provided by the
applicant, unless the applicant has not
had 2 previous
(d) Knowingly employing, assigning, or referring to a
health care facility a nurse or certified nurse aide with an
illegally or fraudulently obtained or issued diploma,
registration, license, certificate, or background study
constitutes negligent hiring by a nurse agency and is a
violation of this Act.
Nurses or certified nurses aides employed,
assigned, or referred to
a health care facility by a nurse
agency shall be deemed to be employees of
the nurse agency
while working for the nurse agency or on nurse agency
employment, assignment or referral.
(Source: P.A. 99-652, eff. 1-1-17
(225 ILCS 510/14)
(from Ch. 111, par. 964)
(a) The Department, by rule, shall
standards for the operation of nurse agencies. Those
shall include, but are not limited to:
(1) the maintenance of written
(2) the maintenance and submission to the Department
of copies of all contracts between the nurse agency and
health care facility to which it assigns or refers nurses
or certified nurse aides and copies of all invoices to
health care facilities personnel. Executed contracts must
be sent to the Department within 5 business days of their
the development of personnel policies
nurses or certified nurse aides employed, assigned, or
referred to health care facilities, including
a personal interview, a reference check, an annual
evaluation of each employee (which may be based in part
upon information provided by
health care facilities
utilizing nurse agency personnel) and periodic
Executed contracts must be sent to the
Department within 5 business days of their effective date
and are not subject to disclosure under the Freedom of
Information Act. No less than 100% of the nurse or
certified nurse aide hourly rate shall be paid to the
nurse or certified nurse aide employee.
(b) Each nurse agency shall have a nurse serving as a
supervisor of all nurses and certified nurses
(c) Each nurse agency shall
ensure that its employees meet
orientation standards for
which those employees
(d) A nurse agency shall not employ, assign, or refer for
use in an Illinois
health care facility a nurse or certified
nurse aide unless certified or
licensed under applicable
provisions of State and federal law or regulations.
certified nurse aide shall comply with all pertinent
regulations of the Illinois Department of Public Health
relating to the
health and other qualifications of personnel
employed in health care facilities.
(e) The Department may adopt rules to monitor the usage of
nurse agency services to
determine their impact.
(f) Nurse agencies are prohibited from
potential employees on the premises of a health care facility
requiring, as a condition of
employment, assignment, or
referral, that their employees
recruit new employees for the
nurse agency from
among the permanent employees of the health
care facility to which the
nurse agency employees have been
assigned, or referred,
and the health care facility
to which such employees are employed, assigned,
or referred is
prohibited from requiring, as a condition of employment,
their employees recruit new employees from these nurse agency
employees. Violation of this provision is a business offense.
(g) Nurse agencies are prohibited from entering into
covenants not to compete with nurses and certified nurse
aides. A covenant not to compete entered into on or after the
effective date of this amendatory Act of the 102nd General
Assembly between a nurse agency and a nurse or certified nurse
aide is illegal and void. The nursing agency shall not, in any
contract with any employee or health care facility, require
the payment of liquidated damages, conversion fees, employment
fees, buy-out fees, placement fees, or other compensation if
the employee is hired as a permanent employee of a health care
(h) A nurse agency shall submit a report quarterly to the
Department for each health care entity with whom the agency
contracts that includes all of the following by provider type
and county in which the work was performed:
(1) A list of the average amount charged to the health
care facility for each individual employee category.
(2) A list of the average amount paid by the agency to
employees in each individual employee category.
(3) A list of the average amount of labor-related
costs paid by the agency for each employee category,
including payroll taxes, workers' compensation insurance,
professional liability coverage, credentialing and
testing, and other employee related costs.
The Department shall publish by county in which the work
was performed the average amount charged to the health care
facilities by nurse agencies for each individual worker
category and the average amount paid by the agency to each
individual worker category.
(i) The Department shall publish on its website the
reports yearly by county.
(j) The Department of Labor shall compel production of the
maintained records, as required under this Section, by the
(Source: P.A. 86-817.)
(225 ILCS 510/14.1)
Investigations; orders; civil penalties.
(a) The Department may at any time, and shall upon
receiving a complaint
from any interested person, investigate
any person licensed or applying for a
license under this Act
suspected of violating any provision of any Section except
. The Department shall investigate any person who
operates or advertises a nurse agency without being licensed
under this Act.
The Department shall establish a system of
reporting complaints against a health care staffing agency.
The Department shall publish on its website how an interested
party may submit a complaint of a violation of this Act to the
Department. Complaints may be made by an interested party.
Complaints against a nurse agency shall be investigated by the
Department of Labor. The investigations shall take into
consideration the responsibility of health care facilities
under Section 12 for supervising nurse agency employees
assigned or referred to the facilities. For purposes of this
Section, "interested party" means a health care facility,
nurse staffing agency, or an employee of a health care
facility or nurse staffing agency.
The Director or his or her authorized representative may
examine the premises
of any nurse agency, may compel by
for examination or inspection, the attendance and
testimony of witnesses and
the production of books, payrolls,
records, papers and other evidence in any
hearing, and may administer oaths or affirmations to
(b) After appropriate notice and hearing, and if supported
by the evidence,
the Department may issue and cause to be
served on any person an order to cease
and desist from
violation of this Act and to take any further action that is
reasonable to eliminate the effect of the violation
Section except Section 14.3
Whenever it appears that any person has violated a valid
order of the
Department issued under this Act, the Director
may commence an action and
obtain from the court an order
directing the person to obey the order of the
Department or be
subject to punishment for contempt of court.
The Department may petition the court for an order
of any Section
of this Act
(c) Any licensee or applicant who violates any provision
of this Act or the
rules adopted under this Act shall be
subject to a civil penalty of
$10,000 per occurrence payable
to the Department for the purpose of enforcing this Act
day for each violation
. Civil penalties may be assessed by
the Department in
an administrative action and may, if
necessary, be recovered in a civil action
brought by the
Director through the Attorney General of the State of Illinois
or the State's attorney of any county in which the violation
court may order that the civil penalties
assessed for violation
of this Act, together with any costs or
attorney's fees arising out of the
action to collect the
penalties, be paid to the Department. The fact that the
violation has ceased does not excuse any person from liability
penalties arising from the violation.
(d) Any nurse staffing agency that has been found not to
have paid an employee 100% of the hourly wage rate identified
in the contract between such nurse staffing agency and health
care facility shall be liable to the employee for the actual
amount of the underpayment, plus damages of 5% of the amount of
(Source: P.A. 88-230.)
(225 ILCS 510/14.3 new)
Contracts between nurse agencies and health
(a) A contract entered into on or after the effective date
of this amendatory Act of the 102nd General Assembly between
the nurse agency and health care facility must contain the
(1) A full disclosure of charges and compensation.
disclosure shall include a schedule of all hourly bill
rates per category of employee, a full description of
administrative charges, and a schedule of rates of all
compensation per category of employee, including, but not
limited to, hourly regular pay rate, shift differential,
weekend differential, hazard pay, charge nurse add-on,
overtime, holiday pay, and travel or mileage pay.
(2) A commitment that nurses or certified nurse aides
employed, assigned, or referred to a health care facility
by the nurse agency perform any and all duties called for
within the full scope of practice for which the nurse or
certified nurse aide is licensed or certified.
(3) No less than 100% of the nurse or certified nurse
aide hourly rate shall be paid to the nurse or certified
nurse aide employee.
(b) A party's failure to comply with the requirements of
subsection (a) shall be a defense to the enforcement of a
contract between a nurse agency and a health care facility.
Any health care facility or nurse agency aggrieved by a
violation of subsection (a) shall have a right of action in a
State court against the offending party. A prevailing party
may recover for each violation:
(1) liquidated damages of $1,500 or actual damages,
whichever is greater;
(2) reasonable attorney's fees and costs, including
expert witness fees and other litigation expenses; and
(3) other relief, including an injunction, as the
court may deem appropriate.
This Act takes effect July 1,
Effective Date: 7/1/2022