Public Act 90-0248 of the 90th General Assembly
Public Act 90-0248
HB1076 Enrolled LRB9001265LDcw
AN ACT in relation to nursing.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Agency Sunset Act is amended
by changing Section 4.9 and adding Section 4.18 as follows:
(5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
Sec. 4.9. The following Acts are repealed December 31,
1997:
The Medical Practice Act of 1987.
The Pharmacy Practice Act of 1987.
The Illinois Optometric Practice Act of 1987.
The Podiatric Medical Practice Act of 1987.
The Nursing Home Administrators Licensing and
Disciplinary Act.
The Physician Assistant Practice Act of 1987.
The Illinois Nursing Act of 1987.
The Clinical Social Work and Social Work Practice Act.
The Clinical Psychologist Licensing Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Marriage and Family Therapy Licensing Act.
(Source: P.A. 87-1237.)
(5 ILCS 80/4.18 new)
Sec. 4.18. Act repealed on January 1, 2008. The
following Act is repealed on January 1, 2008:
The Illinois Nursing Act of 1987.
Section 10. The Illinois Nursing Act of 1987 is amended
by changing Sections 3, 4, and 28 and adding Section 4.1 as
follows:
(225 ILCS 65/3) (from Ch. 111, par. 3503)
Sec. 3. 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 the Department of
Professional Regulation.;
(c) "Committee" means the Committee on 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.;
(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.;
(f) "Nursing Coordinator" means a registered
professional nurse appointed by the Director to carry out the
administrative policies of the Department.;
(g) "Assistant Nursing 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 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, for
compensation, 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. The practical nurse may work
under the direction of a licensed physician, dentist,
podiatrist, or other health care professional determined by
the Department. in the care of the ill, injured, or infirmed,
selected by and performed under the direction of a registered
professional nurse, licensed physician, dentist, or
podiatrist, requiring the basic nursing skill, judgment, and
knowledge acquired by means of a completed course of study in
an approved practical nursing education program;
(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 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" 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 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; (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. "Professional
nursing" includes all its specialties, and means the
performance for compensation of any nursing act, (1) in the
nursing evaluation, observation, care, and counsel of the
ill, injured, or infirmed; (2) in the maintenance of health
or prevention of illness of others; (3) the administration of
medications and treatments as prescribed by a licensed
physician, dentist, or podiatrist; or (4) any act in the
supervision or teaching of nursing, which requires
substantial, specialized judgment and skill the proper
performance of which is based on knowledge and application of
the principles of biological, physical, and social science
acquired by means of a completed course in an approved school
of professional nursing. The foregoing shall not be deemed
to include those acts of medical diagnosis or prescription of
therapeutic or corrective measures which are properly
performed only by physicians licensed in the State of
Illinois.; and
(m) "Current nursing practice update course" means a
planned nursing education curriculum approved by the
Department consisting of activities which 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 Committee on Nursing and approved by the
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.
(Source: P.A. 85-981.)
(225 ILCS 65/4) (from Ch. 111, par. 3504)
Sec. 4. 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
professional and practical nursing in Illinois shall submit
evidence that he or she is qualified to practice, and shall
be licensed as hereinafter provided. No person shall
practice or offer to practice 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.
This Act does not prohibit the following:
(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 6, 12, 13, and 25 of this Act;
(b) Nursing which is included in their program of study
by students enrolled in programs of nursing or in current
nurse practice update courses approved by the Department;
(c) The furnishing of nursing assistance in an
emergency;
(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;
(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;
(f) Persons from being employed as 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 has complied with all the provisions
under Section 13, 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
failed, without an approved excuse, to take the next
available examination authorized by the Department, or the
withdrawal of the application. 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;
(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 Section 13, until: (1) the
expiration of 6 months after the filing of such written
application, or (2) the withdrawal of such application, or
(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 12 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
failed, without an approved excuse, to take the next
available examination authorized by the Department or the
withdrawal of the application. 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;
(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 12, until: (1) the expiration of 12
months after the filing of such written application, or (2)
the withdrawal of such application, or (3) the denial of such
application by the Department;
(k) The practice of professional nursing which 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 program
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; or
(l) Any person licensed in this State under any other
Act from engaging in the practice for which she or he is
licensed.
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. 85-981.)
(225 ILCS 65/4.1 new)
Sec. 4.1. Task Force. The Governor shall appoint a task
force to be convened by the Illinois Department of
Professional Regulation to study the roles, responsibilities,
training, competency, and supervision of persons who are
employed to assist a nurse, including nursing aides,
attendants, orderlies, and other auxiliary workers in private
homes, long term care facilities, nurseries, hospitals, and
other institutions. The purpose of the task force shall be
to determine if there is a need for regulation of such
persons by the Department.
The task force shall be comprised of 11 members. The
task force shall include one representative from the
Department of Professional Regulation, one representative
from the Department of Public Health, and 9 persons
representing various nursing and health care provider
organizations in Illinois, including, but not limited to, a
representative from the Illinois Nurses Association, Illinois
Organization of Nurse Leaders, Illinois Hospital and Health
Systems Association, Illinois Health Care Association,
Illinois Coalition of Nursing Organizations, Life Services
Network, Licensed Practical Nursing Association of Illinois,
Certified Nurse Aide Educators, and Illinois Homecare
Council.
The task force shall report its findings and
recommendations to the Governor by January 1, 1999.
(225 ILCS 65/28) (from Ch. 111, par. 3528)
Sec. 28. 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.
(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 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 nurses'
professional performance, or unlawfully possesses, uses,
distributes or converts habit-forming drugs belonging to the
hospital, nursing home or other health care agency or
facility for such nurses' own use, shall promptly file a
written report thereof to 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.
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 nurses'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.
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.
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. 85-981; 86-1472.)