Public Act 90-0742 of the 90th General Assembly
Public Act 90-0742
SB1585 Enrolled LRB9011272NTsb
AN ACT concerning medicine.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. 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 Illinois Nursing and Advanced
Practice Nursing Act of 1987, 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.)
Section 2. The Civil Administrative Code of Illinois is
amended by changing Sections 55.37a and 55.62a as follows:
(20 ILCS 2310/55.37a) (from Ch. 127, par. 55.37a)
Sec. 55.37a. The Director of Public Health, 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 the Department 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 the
Department 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 for 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 Illinois Nursing and Advanced
Practice Nursing Act of 1987, 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. 85-1209.)
(20 ILCS 2310/55.62a)
Sec. 55.62a. 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 Illinois Nursing and Advanced
Practice Nursing Act of 1987, 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 55.62.
(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. 89-298, eff. 1-1-96.)
Section 3. 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 Illinois
Nursing and Advanced Practice Nursing Act of 1987 and
specializing in geriatric health care medicine; 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 medicine 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. 85-1209.)
Section 4. The Baccalaureate Assistance Law for
Registered Nurses is amended by changing Section 3 as
follows:
(110 ILCS 915/3) (from Ch. 144, par. 1403)
Sec. 3. Definitions. The following terms, whenever used
or referred to, have the following meanings except where the
context clearly indicates otherwise:
(a) "Board" means: the Board of Higher Education created
by "An Act creating a Board of Higher Education, defining its
powers and duties, making an appropriation therefor, and
repealing an Act therein named", approved August 22, 1961, as
now or hereafter amended.
(b) "Department" means: the Illinois Department of
Public Health.
(c) "Approved institution" means: a college or
university located in this State which has National League
for Nursing accreditation for the baccalaureate degree
program in nursing.
(d) "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.
(e) "Academic year" means: the period of time from
September 1 of one year through August 31 of the next year.
(f) "Registered Nurse" or "professional nurse" means: a
nurse holding a valid existing license in good standing as a
registered professional nurse issued by the Department of
Professional Regulation under the Illinois Nursing and
Advanced Practice Nursing Act of 1987.
(g) "Regions" means: the official and uniform state
planning and administrative regions established by the
Governor by Executive Order No. 7, dated June 22, 1971, as
amended.
(h) "Director" means: the Director of the Illinois
Department of Public Health.
(Source: P.A. 85-1209.)
Section 5. The Nursing Education Scholarship Law is
amended by changing Section 6 as follows:
(110 ILCS 975/6) (from Ch. 144, par. 2756)
Sec. 6. Nursing requirements for scholarship recipients.
Upon graduation from an associate degree or hospital
based program in professional nursing, baccalaureate degree
in nursing program, or other program or course of study any
person who accepted a scholarship under Section 5 shall,
during the 7 year period immediately following his or her
graduation, be employed in this State as a registered
professional nurse or licensed practical nurse, as each term
defined in the Illinois Nursing and Advanced Practice Nursing
Act of 1987, for at least one year for each year of full-time
scholarship support received. If the recipient spends up to
4 years in military service before or after he or she
graduates, the period of military service shall be excluded
from the computation of that 7 year period. A recipient who
is enrolled in an academic program leading to a graduate
degree in nursing shall have the period of graduate study
excluded from the computation of that 7 year period.
Calendar years of required employment will be
proportionally reduced for less than full academic year
scholarship support; provided that employment must be at
least 17.5 hours per week.
Any person who fails to fulfill the nursing employment
requirement shall pay to the Department an amount equal to
the amount of scholarship funds received per year for each
unfulfilled year of the nursing employment requirement,
together with interest at 7% per year on the unpaid balance.
All repayments must be completed within 6 years from the date
of the occurrence initiating the repayment. However, this
obligation to repay does not apply when the failure to
fulfill the nursing requirement results from involuntarily
leaving the profession due to a decrease in the number of
nurses employed in the State or from the death or
adjudication as incompetent of the person holding the
scholarship. No claim for repayment may be filed against the
estate of such a decedent or incompetent.
Each person applying for such a scholarship shall be
provided with a copy of this Section at the time he or she
applies for the benefits of such scholarship.
(Source: P.A. 86-1467; 87-577.)
Section 6. 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 Illinois Nursing and Advanced Practice Nursing Act of
1987, as heretofore and hereafter amended.
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. 85-1209.)
Section 7. The Ambulatory Surgical Treatment Center Act
is amended by adding Section 6.5 as follows:
(210 ILCS 5/6.5 new)
Sec. 6.5. Clinical privileges; advanced practice nurses.
No policy, rule, regulation, or practice of an ambulatory
surgical treatment center licensed under this Act shall be
inconsistent with the provision of adequate collaboration,
including medical direction of licensed advanced practice
nurses, in accordance with Section 54.5 of the Medical
Practice Act of 1987.
Section 8. 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
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.
(Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;
revised 10-23-97.)
Section 9. 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 Illinois Nursing and Advanced Practice Nursing Act of
1987 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 Illinois Nursing and
Advanced Practice Nursing Act of 1987.
(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. 85-1440.)
Section 10. 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 Illinois Nursing
and Advanced Practice Nursing Act of 1987, as now or
hereafter amended.
(Source: P.A. 85-1209)
Section 11. 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
Illinois Nursing and Advanced Practice Nursing Act of 1987
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
Illinois Nursing and Advanced Practice Nursing Act of 1987
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.)
Section 12. The Hospice Program Licensing Act is amended
by changing Section 3 as follows:
(210 ILCS 60/3) (from Ch. 111 1/2, par. 6103)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Bereavement" means the period of time during which
the hospice patient's family experiences and adjusts to the
death of the hospice patient.
(b) "Department" means the Illinois Department of Public
Health.
(c) "Director" means the Director of the Illinois
Department of Public Health.
(d) "Full hospice" means a coordinated program of home
and inpatient care providing directly, or through agreement,
palliative and supportive medical, health and other services
to terminally ill patients and their families. A full
hospice utilizes a medically directed interdisciplinary
hospice care team of professionals and volunteers. The
program provides care to meet the physical, psychological,
social, spiritual and other special needs which are
experienced during the final stages of illness and during
dying and bereavement. Home care is to be provided on a
part-time, intermittent, regularly scheduled basis, and on an
on-call around-the-clock basis according to patient and
family need. To the maximum extent possible, care shall be
furnished in the patient's home. Should in-patient care be
required, services are to be provided with the intent of
minimizing the length of such care and shall only be provided
in a hospital licensed under the Hospital Licensing Act, or a
skilled nursing facility licensed under the Nursing Home Care
Act.
(e) "Hospice care team" means an interdisciplinary
working unit composed of but not limited to a physician
licensed to practice medicine in all of its branches, a nurse
licensed pursuant to the Illinois Nursing and Advanced
Practice Nursing Act of 1987, a social worker, a pastoral or
other counselor, and trained volunteers. The patient and the
patient's family are considered members of the hospice care
team when development or revision of the patient's plan of
care takes place.
(f) "Hospice patient" means a terminally ill person
receiving hospice services.
(g) "Hospice patient's family" means a hospice patient's
immediate family consisting of a spouse, sibling, child,
parent and those individuals designated as such by the
patient for the purposes of this Act.
(g-1) "Hospice residence" means a home, apartment
building, or similar building providing living quarters:
(1) that is owned or operated by a person licensed
to operate as a full hospice; and
(2) at which hospice services are provided to
facility residents.
A building that is licensed under the Hospital Licensing
Act or the Nursing Home Care Act is not a hospice residence.
(h) "Hospice services" means palliative and supportive
care provided to a hospice patient and his family to meet the
special need arising out of the physical, emotional,
spiritual and social stresses which are experienced during
the final stages of illness and during dying and bereavement.
Services provided to the terminally ill patient shall be
furnished, to the maximum extent possible, in the patient's
home. Should inpatient care be required, services are to be
provided with the intent of minimizing the length of such
care.
(i) "Palliative care" means treatment to provide for the
reduction or abatement of pain and other troubling symptoms,
rather than treatment aimed at investigation and intervention
for the purpose of cure or inappropriate prolongation of
life.
(j) "Hospice service plan" means a plan detailing the
specific hospice services offered by a full or volunteer
hospice, and the administrative and direct care personnel
responsible for those services. The plan shall include but
not be limited to:
(1) Identification of the person or persons
administratively responsible for the program, and the
affiliation of such person or persons with a licensed
home health agency, hospital or nursing home.
(2) The estimated average monthly patient census.
(3) The proposed geographic area the hospice will
serve.
(4) A listing of those hospice services provided
directly by the hospice, and those hospice services
provided indirectly through a contractual agreement.
(5) The name and qualifications of those persons or
entities under contract to provide indirect hospice
services.
(6) The name and qualifications of those persons
providing direct hospice services, with the exception of
volunteers.
(7) A description of how the hospice plans to
utilize volunteers in the provision of hospice services.
(8) A description of the program's record keeping
system.
(k) "Terminally ill" means a medical prognosis by a
physician licensed to practice medicine in all of its
branches that a patient has an anticipated life expectancy of
6 months or less.
(l) "Volunteer" means a person who offers his or her
services to a hospice without compensation. Reimbursement
for a volunteer's expenses in providing hospice service shall
not be considered compensation.
(m) "Volunteer hospice" means a program which provides
hospice services to patients regardless of their ability to
pay, with emphasis on the utilization of volunteers to
provide services, under the administration of a
not-for-profit agency. This definition does not prohibit the
employment of staff.
(Source: P.A. 89-278, eff. 8-10-95.)
Section 13. The Hospital Licensing Act is amended by
changing Section 10 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 Illinois Nursing and Advanced Practice Nursing Act of
1987, as now or hereafter amended, 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", approved
September 14, 1985, as amended. 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.)
Section 14. The Hospital Licensing Act is amended by
adding Section 10.7 as follows:
(210 ILCS 85/10.7 new)
Sec. 10.7. Clinical privileges; advanced practice
registered nurses. No policy, rule, regulation, or practice
of a hospital licensed under this Act shall be inconsistent
with the provision of adequate collaboration, including
medical direction of licensed advanced practice nurses, in
accordance with Section 54.5 of the Medical Practice Act of
1987.
Section 15. 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 Illinois Nursing and
Advanced Practice Nursing Act of 1987; 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.)
Section 16. The Medical Practice Act of 1987 is amended
by changing Sections 20 and 22 and adding Section 54.5 as
follows:
(225 ILCS 60/20) (from Ch. 111, par. 4400-20)
Sec. 20. Continuing education. The Department shall
promulgate rules of continuing education for persons licensed
under this Act that require 150 50 hours of continuing
education per license renewal cycle each year. These rules
shall be consistent with requirements of relevant
professional associations, speciality societies, or boards.
The rules shall also address variances for illness or
hardship. In establishing these rules, the Department shall
consider educational requirements for medical staffs,
requirements for specialty society board certification or for
continuing education requirements as a condition of
membership in societies representing the 2 categories of
licensee under this Act. These rules shall assure that
licensees are given the opportunity to participate in those
programs sponsored by or through their professional
associations or hospitals which are relevant to their
practice. 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. 89-702, eff. 7-1-97.)
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on
probationary status, or take any other disciplinary action as
the Department may deem proper with regard to the license or
visiting professor permit of any person issued under this Act
to practice medicine, or to treat human ailments without the
use of drugs and without operative surgery upon any of the
following grounds:
(1) Performance of an elective abortion in any
place, locale, facility, or institution other than:
(a) a facility licensed pursuant to the
Ambulatory Surgical Treatment Center Act;
(b) an institution licensed under the Hospital
Licensing Act; or
(c) an ambulatory surgical treatment center or
hospitalization or care facility maintained by the
State or any agency thereof, where such department
or agency has authority under law to establish and
enforce standards for the ambulatory surgical
treatment centers, hospitalization, or care
facilities under its management and control; or
(d) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by the
Federal Government; or
(e) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by any
university or college established under the laws of
this State and supported principally by public funds
raised by taxation.
(2) Performance of an abortion procedure in a
wilful and wanton manner on a woman who was not pregnant
at the time the abortion procedure was performed.
(3) The conviction of a felony in this or any other
jurisdiction, except as otherwise provided in subsection
B of this Section, whether or not related to practice
under this Act, or the entry of a guilty or nolo
contendere plea to a felony charge.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or
of any other substances which results in the inability to
practice with reasonable judgment, skill or safety.
(8) Practicing under a false or, except as provided
by law, an assumed name.
(9) Fraud 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.
(10) Making a false or misleading statement
regarding their skill or the efficacy or value of the
medicine, treatment, or remedy prescribed by them at
their direction in the treatment of any disease or other
condition of the body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Disciplinary action of another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy,
doctor of osteopathic medicine or doctor of chiropractic,
a certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence
thereof.
(13) Violation of any provision of this Act or of
the Medical Practice Act prior to the repeal of that Act,
or violation of the rules, or a final administrative
action of the Director, after consideration of the
recommendation of the Disciplinary Board.
(14) Dividing with anyone other than physicians
with whom the licensee practices in a partnership,
Professional Association, limited liability company, or
Medical or Professional Corporation any fee, commission,
rebate or other form of compensation for any professional
services not actually and personally rendered. Nothing
contained in this subsection prohibits persons holding
valid and current licenses under this Act from practicing
medicine in partnership under a partnership agreement,
including a limited liability partnership, in a limited
liability company under the Limited Liability Company
Act, in a corporation authorized by the Medical
Corporation Act, as an association authorized by the
Professional Association Act, or in a corporation under
the Professional Corporation Act or from pooling,
sharing, dividing or apportioning the fees and monies
received by them or by the partnership, corporation or
association in accordance with the partnership agreement
or the policies of the Board of Directors of the
corporation or association. Nothing contained in this
subsection prohibits 2 or more corporations authorized by
the Medical Corporation Act, from forming a partnership
or joint venture of such corporations, and providing
medical, surgical and scientific research and knowledge
by employees of these corporations if such employees are
licensed under this Act, or from pooling, sharing,
dividing, or apportioning the fees and monies received by
the partnership or joint venture in accordance with the
partnership or joint venture agreement. Nothing
contained in this subsection shall abrogate the right of
2 or more persons, holding valid and current licenses
under this Act, to each receive adequate compensation for
concurrently rendering professional services to a patient
and divide a fee; provided, the patient has full
knowledge of the division, and, provided, that the
division is made in proportion to the services performed
and responsibility assumed by each.
(15) A finding by the Medical Disciplinary Board
that the registrant after having his or her license
placed on probationary status or subjected to conditions
or restrictions violated the terms of the probation or
failed to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking or agreeing to cure or
treat disease by a secret method, procedure, treatment or
medicine, or the treating, operating or prescribing for
any human condition by a method, means or procedure which
the licensee refuses to divulge upon demand of the
Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Wilfully making or filing false records or
reports in his or her practice as a physician, including,
but not limited to, false records to support claims
against the medical assistance program of the Department
of Public Aid under the Illinois Public Aid Code.
(22) Wilful omission to file or record, or wilfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or wilfully failing to report an
instance of suspected abuse or neglect as required by
law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
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.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and wilful and continued overcharging
for professional services, including filing false
statements for collection of fees for which services are
not rendered, including, but not limited to, filing such
false statements for collection of monies for services
not rendered from the medical assistance program of the
Department of Public Aid under the Illinois Public Aid
Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in
the inability to practice under this Act with reasonable
judgment, skill or safety.
(28) Physical illness, including, but not limited
to, deterioration through the aging process, or loss of
motor skill which results in a physician's inability to
practice under this Act with reasonable judgment, skill
or safety.
(29) Cheating on or attempt to subvert the
licensing examinations administered under this Act.
(30) Wilfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances.
(34) Failure to report to the Department any
adverse final action taken against them by another
licensing jurisdiction (any other state or any territory
of the United States or any foreign state or country), by
any peer review body, by any health care institution, by
any professional society or association related to
practice under this Act, by any governmental agency, by
any law enforcement agency, or by any court for acts or
conduct similar to acts or conduct which would constitute
grounds for action as defined in this Section.
(35) Failure to report to the Department surrender
of a license or authorization to practice as a medical
doctor, a doctor of osteopathy, a doctor of osteopathic
medicine, or doctor of chiropractic in another state or
jurisdiction, or surrender of membership on any medical
staff or in any medical 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 which would constitute grounds for
action as defined in this Section.
(36) Failure to report to the Department any
adverse judgment, settlement, or award arising from a
liability claim related to acts or conduct similar to
acts or conduct which would constitute grounds for action
as defined in this Section.
(37) Failure to transfer copies of medical records
as required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice
is required under the Parental Notice of Abortion Act of
1995.
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
nurses resulting in an inability to adequately
collaborate and provide medical direction.
(43) Repeated failure to adequately collaborate
with or provide medical direction to a licensed advanced
practice nurse.
All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the
Department may deem proper, with regard to a license on any
of the foregoing grounds, must be commenced within 3 years
next after receipt by the Department of a complaint alleging
the commission of or notice of the conviction order for any
of the acts described herein. Except for the grounds
numbered (8), (9) and (29), no action shall be commenced more
than 5 years after the date of the incident or act alleged to
have violated this Section. In the event of the settlement
of any claim or cause of action in favor of the claimant or
the reduction to final judgment of any civil action in favor
of the plaintiff, such claim, cause of action or civil action
being grounded on the allegation that a person licensed under
this Act was negligent in providing care, the Department
shall have an additional period of one year from the date of
notification to the Department under Section 23 of this Act
of such settlement or final judgment in which to investigate
and commence formal disciplinary proceedings under Section 36
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
Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based
upon a finding by the Medical Disciplinary Board that they
have been determined to be recovered from mental illness by
the court and upon the Disciplinary Board's recommendation
that they be permitted to resume their practice.
The Department may refuse to issue or take disciplinary
action concerning 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 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 as determined
by the Illinois Department of Revenue.
The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth
standards to be used in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the
commission of any act, including, but not limited to,
commission of an act of sexual misconduct related to the
licensee's practice; and
(d) what constitutes gross negligence in the
practice of medicine.
However, no such rule shall be admissible into evidence
in any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Medical Disciplinary
Board, upon a showing of a possible violation, may compel any
individual licensed to practice under this Act, or who has
applied for licensure or a permit pursuant to this Act, to
submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The
examining physician or physicians shall be those specifically
designated by the Disciplinary Board. The Medical
Disciplinary Board or the Department may order the examining
physician to present testimony concerning this 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 communication between the
licensee or applicant and the examining physician. 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 the examination. Failure of any
individual to submit to mental or physical examination, when
directed, shall be grounds for suspension of his or her
license until such time as the individual submits to the
examination if the Disciplinary Board finds, after notice and
hearing, that the refusal to submit to the examination was
without reasonable cause. If the Disciplinary Board finds a
physician unable to practice because of the reasons set forth
in this Section, the Disciplinary Board shall require such
physician to submit to care, counseling, or treatment by
physicians approved or designated by the Disciplinary Board,
as a condition for continued, reinstated, or renewed
licensure to practice. Any physician, whose license was
granted pursuant to Sections 9, 17, or 19 of this Act, or,
continued, reinstated, renewed, disciplined or supervised,
subject to such terms, conditions or restrictions who shall
fail to comply with such terms, conditions or restrictions,
or to complete a required program of care, counseling, or
treatment, as determined by the Chief Medical Coordinator or
Deputy Medical Coordinators, shall be referred to the
Director for a determination as to whether the licensee shall
have their license suspended immediately, pending a hearing
by the Disciplinary Board. In instances in which the
Director immediately suspends a license under this Section, a
hearing upon such person's license must be convened by the
Disciplinary Board within 15 days after such suspension and
completed without appreciable delay. The Disciplinary Board
shall have the authority to review the subject physician'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, affected under
this Section, shall be afforded an opportunity to demonstrate
to the Disciplinary Board that they can resume practice in
compliance with acceptable and prevailing standards under the
provisions of their license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $5,000 for each
violation of this Act. Fines may be imposed in conjunction
with other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out
of conduct resulting in death or injury to a patient. Any
funds collected from such fines shall be deposited in the
Medical Disciplinary Fund.
(B) The Department shall revoke the license or visiting
permit of any person issued under this Act to practice
medicine or to treat human ailments without the use of drugs
and without operative surgery, who has been convicted a
second time of committing any felony under the Illinois
Controlled Substances Act, or who has been convicted a second
time of committing a Class 1 felony under Sections 8A-3 and
8A-6 of the Illinois Public Aid Code. A person whose license
or visiting permit is revoked under this subsection B of
Section 22 of this Act shall be prohibited from practicing
medicine or treating human ailments without the use of drugs
and without operative surgery.
(C) The Medical Disciplinary Board shall recommend to
the Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice
as required under the Parental Notice of Abortion Act of
1995. Upon the Board's recommendation, the Department shall
impose, for the first violation, a civil penalty of $1,000
and for a second or subsequent violation, a civil penalty of
$5,000.
(Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
89-626, eff. 8-9-96; 89-702, eff. 7-1-97.)
(225 ILCS 60/54.5 new)
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 Title 15 of the Nursing and Advanced Practice Nursing Act.
Collaboration is for the purpose of providing medical
direction, and no employment relationship is required. A
written collaborative agreement shall conform to the
requirements of Sections 15-15 and 15-20 of the Nursing and
Advanced Practice Nursing Act. The agreement shall be for
services the collaborating physician generally provides to
his or her patients in the normal course of clinical medical
practice. Physician medical direction shall be adequate with
respect to collaboration with certified nurse practitioners,
certified nurse midwives, and clinical nurse specialists if a
collaborating physician:
(1) 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) is on site at least once a month to provide
medical direction and consultation; and
(3) is available through telecommunications for
consultation on medical problems, complications, or
emergencies or patient referral.
(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 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.
Section 17. The Illinois Nursing Act of 1987 is amended
by renumbering and changing Sections 1, 2, 3, 4, 4.1, 4.2,
4.5, 5, 5.1, 6, 7, 12, 14, 16, 17, 18, 21, 22, 23, 24, 26,
27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42,
43, 44, 45, 46, 47, 48, and 49 and adding Sections 10-10,
10-15, 10-40, 10-45, 10-50, 15-5, 15-10, 15-15, 15-20, 15-30,
15-35, 15-40, 15-45, 15-50, 15-55, 15-100, and 20-2 and new
Title headings as follows:
(225 ILCS 65/Title 5 heading new)
TITLE 5. GENERAL PROVISIONS
(225 ILCS 65/5-1, formerly 65/1)
Sec. 5-1. 1. This Article may be cited as the Illinois
Nursing and Advanced Practice Nursing Act, and throughout
this Article, references to this Act shall mean this Article
of 1987.
(Source: P.A. 85-981; 86-1475.)
(225 ILCS 65/5-5, formerly 65/2)
Sec. 5-5. 2. 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. 85-981.)
(225 ILCS 65/5-10, formerly 65/3)
Sec. 5-10. 3. 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.
(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 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 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. The
practical nurse may work under the direction of a licensed
physician, dentist, podiatrist, or other health care
professional determined by the Department.
(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 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 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. in 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 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. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
revised 8-12-97.)
(225 ILCS 65/5-15, formerly 65/4)
Sec. 5-15. 4. Policy; application of Act. 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 provided
under this Act. 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 10-5, 10-30, and 10-45 6, 12, and 25
of this Act.;
(b) Nursing that 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 who has complied with all the provisions
under Section 10-30 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
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. 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 10-30 12, 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 10-30 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
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. 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 10-30 12, 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.;
(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 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. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
revised 8-12-97.)
(225 ILCS 65/5-17, formerly 65/4.1)
Sec. 5-17. 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.
(Source: P.A. 90-248, eff. 1-1-98.)
(225 ILCS 65/5-22, formerly 65/4.2)
Sec. 5-22. 4.2. Social Security Number on license
application. In addition to any other information required
to be contained in the application, 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.)
(225 ILCS 65/5-20, formerly 65/4.5)
Sec. 5-20. 4.5. 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 $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.)
(225 ILCS 65/5-25, formerly 65/5)
Sec. 5-25. 5. 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.)
(225 ILCS 65/5-30, formerly 65/5.1)
Sec. 5-30. 5.1. 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.)
(225 ILCS 65/Title 10 heading new)
TITLE 10. REGISTERED NURSES
AND LICENSED PRACTICAL NURSES
(225 ILCS 65/10-5, formerly 65/6)
Sec. 10-5. Prohibited acts. 6. No person shall:
(a) Practice professional nursing without a valid
license as a registered professional nurse except as provided
in paragraphs (i) and (j) of Section 5-15 4 of this Act;
(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 5-15 4 of
this Act;
(c) Practice nursing under cover of any diploma,
license, or record illegally or fraudulently obtained or
signed or issued unlawfully or under fraudulent
representation;
(d) Practice nursing during the time her or his license
is suspended, revoked, expired or on inactive status;
(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, "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;
(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;
(g) Obtain or furnish a license by or for money or any
other thing of value other than the fees required by Section
20-35 23, or by any fraudulent representation or act;
(h) Make any wilfully false oath or affirmation required
by this Act;
(i) Conduct a nursing education program preparing
persons for licensure that has not been approved by the
Department;
(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;
(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 4
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 paragraph (i) and (j)
of Section 5-15 4 of this Act;
(m) Seek employment as a licensed practical nurse under
the terms of paragraphs (g) and (h) of Section 5-15 4 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 paragraph (g) and (h) of Section
5-15 4 of this Act;
(n) Employ or utilize persons not licensed under this
Act to practice professional nursing or practical nursing;
and
(o) Otherwise intentionally violate any provision of
this Act.
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. 85-981.)
(225 ILCS 65/10-10 new)
Sec. 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.
(225 ILCS 65/10-15 new)
Sec. 10-15. Nursing Act Coordinator. The Department
shall obtain, pursuant to the Personnel Code, a Nursing Act
Coordinator and assistants. The Nursing Coordinator and
assistants shall be professional nurses licensed in this
State and graduated from approved 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 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.
(225 ILCS 65/10-25, formerly 65/7)
Sec. 10-25. 7. Board.
(a) The Director shall appoint the Board of Nursing
which shall be composed of 9 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 2 registered
nurses shall represent advanced specialty practice. Each of
the 11 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 Director may remove any member of the Board for
misconduct, incapacity, or neglect of duty. The Director
shall reduce to writing any causes for removal.
The Board shall meet annually to elect a chairperson and
vice chairperson. The Board may hold such other meetings
during the year as may be necessary to conduct its business.
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 6 members. Voting by proxy shall not be
permitted.
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 is authorized to:
(1) recommend the adoption and, from time to time,
the revision of such rules that may be necessary 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 25;
(3) report to the Department, upon completion of a
hearing, the disciplinary actions recommended to be taken
against persons violating this Act;
(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.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 65/10-30, formerly 65/12)
Sec. 10-30. 12. Qualifications for 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
shall:
(1) submit a completed written application, on
forms provided by the Department and fees as established
by the Department;
(2) for registered nurse licensure, have completed
an approved professional nursing education program of not
less than 2 academic years and have graduated from the
program; for licensed practical nurse licensure, have
completed an approved practical nursing education program
of not less than one academic year and have graduated
from the program;
(3) have not violated the provisions of Section
10-45 25 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;
(4) meet all other requirements as established by
rule;
(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.
If an applicant 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. However, the applicant may
make a new application accompanied by the required fee and
provide evidence of meeting the requirements in force at the
time of the new application.
An applicant 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
again take and pass the examination unless licensed in
another jurisdiction of the United States within one year 2
years of passing the examination.
(c) An applicant for licensure 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 shall:
(1) submit a completed written application, on
forms supplied by the Department, and fees as established
by the Department;
(2) for registered nurse licensure, have completed
an approved professional nursing education program of not
less than 2 academic years and have graduated from the
program; for licensed practical nurse licensure, have
completed an approved practical nursing education program
of not less than one academic year and have graduated
from the program;
(3) submit verification of licensure status
directly from the United States jurisdiction of
licensure;
(4) have passed the examination authorized by the
Department;
(5) meet all other requirements as established by
rule.
(d) All applicants for licensure pursuant to this
Section who are graduates of nursing educational programs in
a country other than the United States or its territories
must submit to the Department certification of successful
completion of the Commission of Graduates of Foreign Nursing
Schools (CGFNS) examination. An applicant, who is unable to
provide appropriate documentation to satisfy CGFNS of her or
his educational qualifications for the CGFNS examination,
shall be required to pass an examination to test competency
in the English language which shall be prescribed by the
Department, if the applicant is determined by the Board to be
educationally prepared in nursing. The Board shall make
appropriate inquiry into the reasons for any adverse
determination by CGFNS before making its own decision.
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 be exempt from the completion of the
Commission of Graduates of Foreign Nursing Schools (CGFNS)
examination if the applicant meets all of the following
requirements:
(1) successful passage of the licensure examination
authorized by the Department;
(2) holds an active, unencumbered license in
another state; and
(3) has been actively practicing for a minimum of 2
years in another state.
(e) No applicant shall be issued a license as a
registered nurse or practical nurse under this Section unless
he or she has passed the examination authorized by the
Department within 3 years of completion and graduation from
an approved nursing education program, unless such applicant
submits proof of successful completion of a
Department-authorized remedial nursing education program or
recompletion of an approved registered nursing program or
licensed practical nursing program, as appropriate.
(f) Pending the issuance of a license under subsection
(b) 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 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 other jurisdictions,
the Department shall not issue a temporary license until it
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 the
following to the Department:
(1) a signed and completed application for
licensure under subsection (a) of this Section as a
registered nurse or a licensed practical nurse;
(2) proof of a current, active license in at least
one other jurisdiction and proof that each current active
license or temporary license held by the applicant is
unencumbered;
(3) a signed and completed application for a
temporary license; and
(4) the required permit fee.
(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:
(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 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) 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.
(h) The Department may revoke a temporary license issued
pursuant to this Section if:
(1) 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) 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, 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) it determines that it intends to deny licensure
by endorsement.
A temporary license or renewed temporary license shall
expire (i) upon issuance of an Illinois license or (ii) upon
notification that the Department intends to deny licensure by
endorsement. 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. 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. No
extensions shall be granted beyond the 6-month period unless
approved by the Director. Notification by the Department
under this Section shall be by certified or registered mail.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 65/10-35, formerly 65/14)
Sec. 10-35. 14. Concurrent theory and clinical practice
education requirements. Except for those applicants who have
received advanced graduate degrees in nursing from an
approved program with concurrent theory and clinical
practice, the educational requirements of Section 10-30 12
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.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 65/10-40 new)
Sec. 10-40. Endorsement. Upon payment of the required
fee, an applicant who is a registered professional nurse or a
licensed practical nurse educated and licensed under the laws
of a foreign country, territory or province shall write and
pass an examination conducted by the Department to determine
her or his fitness for licensure as a registered professional
nurse or a licensed practical nurse:
(a) whenever the requirements of such country, territory
or province were at the date of license substantially equal
to the requirements then in force in this State; and with
respect to practical nursing, if prior to the enactment of
this Act, substantially equal to the requirements of this Act
at the time of its enactment; or
(b) whenever such requirements of another country,
territory or province together with educational and
professional qualifications, as distinguished from practical
experience, of the applicant since obtaining a license as a
registered professional nurse or a licensed practical nurse
in such country, territory or province are substantially
equal to the requirements in force in Illinois at the time of
application for licensure as a registered nurse or a licensed
practical nurse in Illinois.
The examination shall be the same as that required of
other applicants for licensure by examination.
Applicants have 3 years from the date of application to
complete the application process. If the process has not
been completed in 3 years, the application shall be denied,
the fee forfeited and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(225 ILCS 65/10-45 new)
Sec. 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
action as the Department may deem appropriate 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 Director, after consideration of the
recommendation of the Board.
(3) Conviction of any crime under the laws of any
jurisdiction of the United States: (i) which is a felony;
or (ii) which is a misdemeanor, an essential element of
which is dishonesty, or (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 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 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, has
violated the terms of probation.
(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 nursing.
(15) Holding oneself out to be practicing nursing
under any name other than one's own.
(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.
(17) Allowing another person or organization to use
the licensees' license to deceive the public.
(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 Public
Aid under the Illinois Public Aid Code.
(19) Attempting to subvert or cheat on a nurse
licensing examination administered under this Act.
(20) Immoral conduct in the commission of an act,
such as sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.
(21) Willfully or negligently violating the
confidentiality between nurse and patient except as
required by law.
(22) Practicing under a false or assumed name,
except as provided by law.
(23) The use of any false, fraudulent, or deceptive
statement in any document connected with the licensee's
practice.
(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.
(27) A violation of the Health Care Worker
Self-Referral Act.
(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.
(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 Director that the licensee be allowed to resume
his or her practice.
(d) The Department may refuse to issue or may suspend
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 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 be grounds for suspension
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.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section,
the Department or Board may require that individual to submit
to care, counseling, or treatment by 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 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
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 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 acceptable and prevailing standards under
the provisions of his or her license.
(225 ILCS 65/10-50 new)
Sec. 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.
(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 nurse's
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 nurse's 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 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.
(225 ILCS 65/Title 15 heading new)
TITLE 15. ADVANCED PRACTICE NURSES
(225 ILCS 65/15-5 new)
Sec. 15-5. Definitions. As used in this Title:
"APN Board" means the Advanced Practice Nursing Board.
"Advanced practice nurse" or "APN" means a person who:
(1) is licensed as a registered professional nurse under
this Act; (2) meets the requirements for licensure as an
advanced practice nurse under Section 15-10; (3) has a
written collaborative agreement with a collaborating
physician in the diagnosis of illness and management of
wellness and other conditions as appropriate to the level and
area of his or her practice in accordance with Section 15-15;
and (4) cares for patients (A) by using advanced diagnostic
skills, the results of diagnostic tests and procedures
ordered by the advanced practice nurse, a physician
assistant, a dentist, a podiatrist, or a physician, and
professional judgment to initiate and coordinate the care of
patients; (B) by ordering diagnostic tests, prescribing
medications and drugs in accordance with Section 15-20, and
administering medications and drugs; and (C) by using
medical, therapeutic, and corrective measures to treat
illness and improve health status. Categories include
certified nurse midwife (CNM), certified nurse practitioner
(CNP), or certified clinical nurse specialist (CNS).
"Collaborating physician" means a physician who works
with an advanced practice nurse and provides medical
direction as documented in a written collaborative agreement
required under Section 15-15.
"Licensed hospital" means a hospital licensed under the
Hospital Licensing Act or organized under the University of
Illinois Hospital Act.
"Physician" means a person licensed to practice medicine
in all its branches under the Medical Practice Act of 1987.
(225 ILCS 65/15-10 new)
Sec. 15-10. Advanced practice nurse; qualifications;
roster.
(a) A person shall be qualified for licensure as an
advanced practice nurse if that person:
(1) 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) holds a current license to practice as a
registered nurse in Illinois;
(3) has successfully completed requirements to
practice as, and holds a current, national certification
as, a nurse midwife, clinical nurse specialist, or nurse
practitioner from the appropriate national certifying
body as determined by rule of the Department;
(4) has paid the required fees as set by rule; and
(5) has successfully completed a post-basic
advanced practice formal education program in the area of
his or her nursing specialty.
(b) In addition to meeting the requirements of
subsection (a), except item (5) of that subsection, beginning
July 1, 2001 or 12 months after the adoption of final rules
to implement this Section, whichever is sooner, applicants
for initial licensure shall have a graduate degree
appropriate for national certification in a clinical advanced
practice nursing specialty.
(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) 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".
(225 ILCS 65/15-15 new)
Sec. 15-15. Written collaborative agreements.
(a) 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 and shall authorize the categories of
care, treatment, or procedures to be performed by the
advanced practice nurse. 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 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) 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 generally
provides to his or her patients in the normal course of his
or her clinical medical practice. 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
a physician's presence as the procedures are being performed.
The collaborative relationship under an agreement shall not
be construed to require the personal presence of a physician
at all times at the place where services are rendered.
Methods of communication shall be available for consultation
with the collaborating physician in person or by
telecommunications in accordance with established written
guidelines as set forth in the written agreement.
(c) Physician medical direction under an agreement shall
be adequate if a collaborating physician:
(1) participates in the joint formulation and joint
approval of orders or guidelines with the 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) is on site at least once a month to provide
medical direction and consultation; and
(3) is available through telecommunications for
consultation on medical problems, complications, or
emergencies or patient referral.
(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 and shall be annually updated. An advanced
practice nurse shall inform each collaborating physician of
all collaborative agreements he or she has signed and provide
a copy of these to any collaborating physician, upon request.
(225 ILCS 65/15-20 new)
Sec. 15-20. Prescriptive authority.
(a) A collaborating physician 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 legend drugs and legend controlled substances
categorized as Schedule III, IV, or V controlled substances,
as defined in Article II of the Illinois Controlled
Substances Act.
(b) To prescribe Schedule III, IV, or V controlled
substances under this Section, an advanced practice nurse
shall affix the collaborating physician's DEA number to, and
individually sign, the appropriate prescription form
containing the printed names of the advanced practice nurse
and collaborating physician in accordance with the written
collaborative agreement. Medication orders shall be reviewed
periodically by the collaborating physician.
(c) The collaborating physician shall file with the
Department notice of delegation of prescriptive authority and
termination of such delegation, in accordance with rules of
the Department.
(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
personnel.
(225 ILCS 65/15-30 new)
Sec. 15-30. 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", "Clinical Nurse Specialist", "A.P.N.",
"C.N.M.", "C.N.P.", "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.
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.
(b) An advanced practice nurse shall verbally identify
himself or herself as an advanced practice nurse including
specialty certification to each patient.
(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.
(225 ILCS 65/15-35 new)
Sec. 15-35. Advanced Practice Nursing Board.
(a) There is hereby established an Advanced Practice
Nursing Board, hereinafter referred to as the "APN Board".
The APN Board shall review and make recommendations to the
Department regarding matters relating to licensure and
discipline of advanced practice nurses. The APN Board shall
be composed of 9 members to be appointed by the Governor, 4
of whom shall be advanced practice nurses and 3 of whom shall
be collaborating physicians. In making appointments to the
APN Board, the Governor shall give due consideration to
recommendations by statewide professional associations or
societies representing nurses and physicians in Illinois.
Two members, not employed or having any material interest in
any health care field, shall represent the public. The
chairperson of the APN Board shall be a member elected by a
majority vote of the APN Board. The APN Board shall meet and
report to the Department quarterly and as advanced practice
nurse issues arise.
Initial appointments to the APN Board shall be made
within 90 days after the effective date of this amendatory
Act of 1998. The terms of office of each of the original
members shall be at staggered intervals. One physician and
one advanced practice nurse shall serve one-year terms. One
physician and one advanced practice nurse shall serve 2-year
terms. One physician and one advanced practice nurse shall
serve 3-year terms. One advanced practice nurse and the
public members shall serve 4-year terms. Upon the expiration
of the term of an initial member, his or her successor shall
be appointed for a term of 4 years. No member shall serve
more than 2 consecutive terms, excluding initial appointment
terms. An appointment to fill a vacancy shall be for the
unexpired portion of the term. Members of the APN Board
shall be reimbursed for all authorized legitimate and
necessary expenses incurred in attending the meetings of the
APN Board. A majority of the APN Board members appointed
shall constitute a quorum. A vacancy in the membership of
the APN Board shall not impair the right of a quorum to
perform all of the duties of the APN Board. A member of the
APN Board shall have no liability in an action based upon a
disciplinary proceeding or other activity performed in good
faith as a member of the APN Board.
(b) Complaints received concerning advanced practice
nurses shall be reviewed by the APN Board. Complaints
received concerning collaborating physicians shall be
reviewed by the Medical Disciplinary Board.
(225 ILCS 65/15-40 new)
Sec. 15-40. Advertising.
(a) A person licensed under this 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 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
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 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 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) 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.
(225 ILCS 65/15-45 new)
Sec. 15-45. Continuing education. The Department shall
adopt rules of continuing education for persons licensed
under this Title that require 50 hours of continuing
education per 2-year license renewal cycle. 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 for
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.
(225 ILCS 65/15-50 new)
Sec. 15-50. Grounds for disciplinary action.
(a) The Department may, upon the recommendation of the
APN Board, refuse to issue or to renew, or may revoke,
suspend, place on probation, censure or reprimand, or take
other disciplinary action as the Department may deem
appropriate with regard to a license issued under this Title,
including the issuance of fines not to exceed $5,000 for each
violation, for any one or combination of the grounds for
discipline set forth in Section 10-45 of this Act or for any
one or combination of the following causes:
(1) Gross negligence in the practice of advanced
practice nursing.
(2) Exceeding the terms of a collaborative
agreement or the prescriptive authority delegated to him
or her by his or her collaborating physician or alternate
collaborating physician in guidelines established under a
written collaborative agreement.
(3) Making a false or misleading statement
regarding his or her skill or the efficacy or value of
the medicine, treatment, or remedy prescribed by him or
her in the course of treatment.
(4) 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.
(5) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner
to exploit the patient for financial gain.
(6) Violating State or federal laws or regulations
relating to controlled substances.
(7) Willfully or negligently violating the
confidentiality between advanced practice nurse,
collaborating physician, and patient, except as required
by law.
(8) 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), any peer review body, any health care
institution, a professional or nursing or advanced
practice nursing society or association, a governmental
agency, a law enforcement agency, or a court or a
liability claim relating to acts or conduct similar to
acts or conduct that would constitute grounds for action
as defined in this Section.
(9) 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 organized health care professional staff or in
any nursing, advanced practice nurse, 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 in this Section.
(10) Failing, within 60 days, to provide
information in response to a written request made by the
Department.
(11) Failure to establish and maintain records of
patient care and treatment as required by law.
(12) Any violation of any Section of this Title or
Act.
When the Department has received written reports
concerning incidents required to be reported in items (8) and
(9), the licensee's failure to report the incident to the
Department under those items shall not be the sole grounds
for disciplinary action.
(b) The Department may refuse to issue or may suspend
the license of any person who fails to file a return, 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 a tax Act administered by the Department of
Revenue, until the requirements of the tax Act are satisfied.
(c) In enforcing this Section, the Department or APN
Board, upon a showing of a possible violation, may compel an
individual licensed to practice under this Title, or who has
applied for licensure under this Title, to submit to a mental
or physical examination or both, as required by and at the
expense of the Department. The Department or APN 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 physician shall be specifically
designated by the APN 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 be grounds
for suspension 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.
If the Department or APN Board finds an individual unable
to practice because of the reasons set forth in this Section,
the Department or APN Board may require that individual to
submit to care, counseling, or treatment by physicians
approved or designated by the Department or APN Board as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice; or, in lieu of care,
counseling, or treatment, the Department may file, or the APN
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 terms, conditions, or restrictions, and
who fails to comply with the terms, conditions, or
restrictions, shall be referred to the 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 Director immediately suspends a
person's license under this Section, a hearing on that
person's license shall be convened by the Department within
15 days after the suspension and shall be completed without
appreciable delay. The Department and APN 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 Title and affected
under this Section shall be afforded an opportunity to
demonstrate to the Department or APN Board that he or she can
resume practice in compliance with acceptable and prevailing
standards under the provisions of his or her license.
(225 ILCS 65/15-55 new)
Sec. 15-55. Reports relating to 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 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 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 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 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 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 Title,
or any other entity that seeks to indemnify the
professional liability of a person licensed under this
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 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 Title has either committed an act or acts that may
constitute a violation of this Title, that may constitute
unprofessional conduct related directly to patient care,
or that indicates that a person licensed under this 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 (8) and (9) of subsection (a) of Section 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 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 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 Title, other than those reports of
impaired persons licensed under this 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 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.
(225 ILCS 65/15-100 new)
Sec. 15-100. Joint Committee on Licensure of CRNAs.
There is created the Joint Committee on Licensure of CRNAs,
consisting of the chairperson and minority spokesperson of
the Licensed Activities Committee of the Senate, the
chairperson and minority spokesperson of the Registration and
Regulation Committee of the House of Representatives, and 4
other members who shall be appointed, one each, by the
President and the Minority Leader of the Senate and the
Speaker and Minority Leader of the House of Representatives.
The Joint Committee shall meet initially at the call of the
Speaker and the President and shall select one member as
chairperson at its initial meeting. Thereafter, it shall
meet at the call of the chairperson, hold public hearings,
and issue a report of legislative recommendations concerning
the proper standards for licensure of certified registered
nurse anesthetists (CRNAs) to the House and the Senate by
filing copies of its report with the Clerk of the House and
the Secretary of the Senate on or before April 1, 1999. In
making its determinations, the Joint Committee also shall
consider the extent to which existing laws and rules are
adequate to protect the public health, safety, and welfare in
all settings where anesthesia services are administered. The
Joint Committee on Licensure of CRNAs shall be dissolved on
April 15, 1999.
(225 ILCS 65/Title 20 heading new)
TITLE 20. ADMINISTRATION AND ENFORCEMENT
(225 ILCS 65/20-2 new)
Sec. 20-2. References to Board. References in this
Title to the "Board" shall mean the Board of Nursing in the
case of an administrative or enforcement matter concerning
the practice of practical nursing or professional nursing,
and shall mean the Advanced Practice Nursing Board in the
case of an administrative or enforcement matter concerning
the practice of advanced practice nursing.
(225 ILCS 65/20-5, formerly, 65/16)
Sec. 20-5. 16. Expiration of license; renewal. The
expiration date and renewal period for each 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.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 65/20-10, formerly 65/17)
Sec. 20-10. 17. Restoration of 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
to active lawful practice in another jurisdiction.
However, any 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 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.
Any licensee who shall engage in the practice of nursing
or 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 10-30 or Article 15, respectively 25 of this Act.
(b) Pending restoration of a license under subsection
(a) 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 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 other jurisdictions,
the Department shall not issue a temporary license until it
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 license, shall be
granted upon the submission of the following to the
Department:
(1) a signed and completed application for
restoration of licensure under this Section as a
registered nurse or 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
Illinois as specified by rule;
(3) a signed and completed application for a
temporary permit; and
(4) the required permit fee.
(c) The Department may refuse to issue to an applicant a
temporary permit authorized under this Section if, within 14
working days following 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 in Illinois; or
(3) it is determined by the Department that it
intends to deny restoration of the license.
For purposes of this Section, an "unencumbered license"
means any license against which no disciplinary action has
been taken or is pending and for which all fees and charges
are paid and current.
(d) The Department may revoke a temporary permit issued
under this Section if:
(1) it determines that the applicant has been
convicted within the last 5 years of any 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;
(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) it is determined by the Department that it
intends to deny restoration of the license.
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 months period unless approved by the Director.
Notification by the Department under this Section shall be by
certified or registered mail.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 65/20-15, formerly 65/18)
Sec. 20-15. 18. Inactive status. Any nurse who notifies
the Department in writing on forms prescribed by the
Department, may elect to place her or his 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 her or his intent to restore the
license.
Any nurse requesting restoration from inactive status
shall be required to pay the current renewal fee and shall be
required to restore her or his license, as provided by rule
of the Department.
Any nurse whose license is in an inactive status shall
not practice nursing in the State of Illinois.
(Source: P.A. 85-981.)
(225 ILCS 65/20-25, formerly 65/21)
Sec. 20-25. 21. 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. If the check or other payment was
for a renewal or issuance fee and that person practices
without paying the renewal fee or issuance fee and the fine
due, an additional fine of $100 shall be imposed. 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 Director may waive the fines due under
this Section in individual cases where the Director finds
that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 65/20-30, formerly 65/22)
Sec. 20-30. 22. 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. 85-981.)
(225 ILCS 65/20-35, formerly 65/23)
Sec. 20-35. 23. Fees.
(a) The Department shall provide by rule for a schedule
of fees to be paid for licenses by all applicants.
(a-5) Except as provided in subsection (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.
(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.)
(225 ILCS 65/20-40, formerly 65/24)
(Text of Section before amendment by P.A. 90-372)
Sec. 20-40. 24. Fund. 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:
(a) Distribution and publication of the Illinois
Nursing and Advanced Practice Nursing Act of 1987 and the
rules at the time of renewal to all persons Registered
Professional Nurses and Licensed Practical Nurses
licensed by the Department under this Act.
(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.
(e) Disposition of Fees:
(i) (Blank).
(ii) All of the fees and fines collected
pursuant to this Act shall be deposited in the
Nursing Dedicated and Professional Fund.
(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.
(iv) For the fiscal year beginning July 1,
1991 and for each fiscal year thereafter, either 10%
of the moneys deposited in the Nursing Dedicated and
Professional Fund each year, not including interest
accumulated on such moneys, or any moneys deposited
in the Fund in each year which are in excess of the
amount appropriated in that year to meet ordinary
and contingent expenses of the Board, whichever is
less, shall be set aside and appropriated to the
Illinois Department of Public Health for nursing
scholarships awarded pursuant to the Nursing
Education Scholarship Law.
(v) Moneys in the Fund may be transferred to
the Professions Indirect Cost Fund as authorized
under Section 61e of the Civil Administrative Code
of Illinois.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Nursing Dedicated and Professional Fund
may be transferred to the General Revenue Fund as authorized
by this amendatory Act of 1992. The General Assembly finds
that an excess of moneys exists in the Fund.
(Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
89-626, eff. 8-9-96; 90-61, eff. 12-30-97.)
(Text of Section after amendment by P.A. 90-372)
Sec. 20-40. 24. Fund. 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:
(a) Distribution and publication of the Illinois
Nursing and Advanced Practice Nursing Act of 1987 and the
rules at the time of renewal to all persons Registered
Professional Nurses and Licensed Practical Nurses
licensed by the Department under this Act.
(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.
(e) Disposition of Fees:
(i) (Blank).
(ii) All of the fees and fines collected
pursuant to this Act shall be deposited in the
Nursing Dedicated and Professional Fund.
(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.
(iv) For the fiscal year beginning July 1,
1991 and for each fiscal year thereafter, either 10%
of the moneys deposited in the Nursing Dedicated and
Professional Fund each year, not including interest
accumulated on such moneys, or any moneys deposited
in the Fund in each year which are in excess of the
amount appropriated in that year to meet ordinary
and contingent expenses of the Board, whichever is
less, shall be set aside and appropriated to the
Illinois Department of Public Health for nursing
scholarships awarded pursuant to the Nursing
Education Scholarship Law.
(v) Moneys in the Fund may be transferred to
the Professions Indirect Cost Fund as authorized
under Section 61e of the Civil Administrative Code
of Illinois.
(Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
89-626, eff. 8-9-96; 90-61, eff. 12-30-97; 90-372, eff.
7-1-98; revised 8-18-97.)
(225 ILCS 65/20-50, formerly 65/26)
Sec. 20-50. 26. 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 may not be commenced later than 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 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.)
(225 ILCS 65/20-55, formerly 65/27)
Sec. 20-55. 27. Suspension for imminent danger. The
Director of the Department may, upon receipt of a written
communication from the Secretary of Human Services, the
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 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 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.)
(225 ILCS 65/20-65, formerly 65/29)
Sec. 20-65. 29. 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. 85-981.)
(225 ILCS 65/20-70, formerly 65/30)
Sec. 20-70. 30. 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 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.)
(225 ILCS 65/20-75, formerly 65/31)
Sec. 20-75. 31. Injunctive remedies.
(a) If any person violates the provision of this Act,
the 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 Director, petition for relief as provided in
subsection (a) of this Section.
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, 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. 86-685.)
(225 ILCS 65/20-80, formerly 65/32)
Sec. 20-80. 32. 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 Director, having received first the
recommendation of the Board, be suspended, revoked, placed on
probationary status, or the 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.)
(225 ILCS 65/20-85, formerly 65/33)
Sec. 20-85. 33. 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 60f of the Civil
Administrative Code of Illinois.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 65/20-90, formerly 65/34)
Sec. 20-90. 34. 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 20-80 32 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. 85-981.)
(225 ILCS 65/20-95, formerly 65/35)
Sec. 20-95. 35. 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 Director and any member of the Board designated by
the 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.)
(225 ILCS 65/20-100, formerly 65/36)
Sec. 20-100. 36. Board report. At the conclusion of the
hearing the Board shall present to the 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
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 Director shall determine that
the report is contrary to the manifest weight of the
evidence, in which case the 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.)
(225 ILCS 65/20-105, formerly 65/37)
Sec. 20-105. 37. Hearing officer. The 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 action before the Board to revoke, suspend,
place on probation, reprimand, fine, or take any other
disciplinary action with regard to a license. The hearing
officer shall have full authority to conduct the hearing.
The Board shall have the right to have at least one member
present at any hearing conducted by such hearing officer.
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 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 Director. If
the Board fails to present its report within the 90-day
period, the 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 Director's
order shall be based upon the report of the Board.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 65/20-110, formerly 65/38)
Sec. 20-110. 38. 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
Director may enter an order in accordance with
recommendations of the Board except as provided in Sections
20-100 and 20-105 Section 36 and 37 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.)
(225 ILCS 65/20-115, formerly 65/39)
Sec. 20-115. 39. Order for rehearing. Whenever the
Director is satisfied that substantial justice has not been
done in the revocation, suspension, or refusal to issue or
renew a license, the Director may order a hearing by the same
or another hearing officer or the Board.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 65/20-120, formerly 65/40)
Sec. 20-120. 40. Order of 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
Director shall be prima facie evidence that:
(a) such signature is the genuine signature of the
Director;
(b) that such Director is duly appointed and qualified;
and
(c) that the Board and the Board members are qualified
to act.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 65/20-125, formerly 65/41)
Sec. 20-125. 41. 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. 85-981.)
(225 ILCS 65/20-130, formerly 65/42)
Sec. 20-130. 42. 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.)
(225 ILCS 65/20-135, formerly 65/43)
Sec. 20-135. 43. Temporary suspension. The Director may
temporarily suspend the license of a nurse without a hearing,
simultaneously with the institution of proceedings for a
hearing provided for in Section 20-80 32 of this Act, if the
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
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.)
(225 ILCS 65/20-140, formerly 65/44)
Sec. 20-140. 44. 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. 85-981.)
(225 ILCS 65/20-145, formerly 65/45)
Sec. 20-145. 45. 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. 87-1031.)
(225 ILCS 65/20-150, formerly 65/46)
Sec. 20-150. 46. 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. 85-981.)
(225 ILCS 65/20-155, formerly 65/47)
Sec. 20-155. 47. 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.)
(225 ILCS 65/20-160, formerly 65/48)
Sec. 20-160. 48. 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. 88-45.)
(225 ILCS 65/20-165, formerly 65/49)
Sec. 20-165. 49. Home rule preemption. It is declared to
be the public policy of this State, pursuant to paragraphs
(h) and (i) 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. 85-981.)
(225 ILCS 65/10 rep.)
(225 ILCS 65/11 rep.)
(225 ILCS 65/20 rep.)
(225 ILCS 65/25 rep.)
(225 ILCS 65/28 rep.)
Section 20. The Illinois Nursing Act of 1987 is amended
by repealing Sections 10, 11, 20, 25, and 28.
Section 25. 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)
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
Illinois Nursing and Advanced Practice Nursing Act of
1987, as amended, 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.)
Section 30. The Pharmacy Practice Act of 1987 is amended
by changing Sections 3 and 4 as follows:
(225 ILCS 85/3) (from Ch. 111, par. 4123)
Sec. 3. Definitions. For the purpose of this Act, except
where otherwise limited therein:
(a) "Pharmacy" or "drugstore" means and includes every
store, shop, pharmacy department, or other place where
pharmaceutical care is provided by a pharmacist (1) where
drugs, medicines, or poisons are dispensed, sold or offered
for sale at retail, or displayed for sale at retail; or (2)
where prescriptions of physicians, dentists, veterinarians,
podiatrists, or therapeutically certified optometrists,
within the limits of their licenses, are compounded, filled,
or dispensed; or (3) which has upon it or displayed within
it, or affixed to or used in connection with it, a sign
bearing the word or words "Pharmacist", "Druggist",
"Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", "Drugs", "Medicines", or
any word or words of similar or like import, either in the
English language or any other language; or (4) where the
characteristic prescription sign (Rx) or similar design is
exhibited; or (5) any store, or shop, or other place with
respect to which any of the above words, objects, signs or
designs are used in any advertisement.
(b) "Drugs" means and includes (l) articles recognized
in the official United States Pharmacopoeia/National
Formulary (USP/NF), or any supplement thereto and being
intended for and having for their main use the diagnosis,
cure, mitigation, treatment or prevention of disease in man
or other animals, as approved by the United States Food and
Drug Administration, but does not include devices or their
components, parts, or accessories; and (2) all other articles
intended for and having for their main use the diagnosis,
cure, mitigation, treatment or prevention of disease in man
or other animals, as approved by the United States Food and
Drug Administration, but does not include devices or their
components, parts, or accessories; and (3) articles (other
than food) having for their main use and intended to affect
the structure or any function of the body of man or other
animals; and (4) articles having for their main use and
intended for use as a component or any articles specified in
clause (l), (2) or (3); but does not include devices or their
components, parts or accessories.
(c) "Medicines" means and includes all drugs intended
for human or veterinary use approved by the United States
Food and Drug Administration.
(d) "Practice of pharmacy" means the provision of
pharmaceutical care to patients as determined by the
pharmacist's professional judgment in the following areas,
which may include but are not limited to (1) patient
counseling, (2) interpretation and assisting in the
monitoring of appropriate drug use and prospective drug
utilization review, (3) providing information on the
therapeutic values, reactions, drug interactions, side
effects, uses, selection of medications and medical devices,
and outcome of drug therapy, (4) participation in drug
selection, drug monitoring, drug utilization review,
evaluation, administration, interpretation, application of
pharmacokinetic and laboratory data to design safe and
effective drug regimens, (5) drug research (clinical and
scientific), and (6) compounding and dispensing of drugs and
medical devices.
(e) "Prescription" means and includes any written, oral,
facsimile, or electronically transmitted order for drugs or
medical devices, issued by a physician licensed to practice
medicine in all its branches, dentist, veterinarian, or
podiatrist, or therapeutically certified optometrist, within
the limits of their licenses, or by a physician assistant in
accordance with subsection (f) of Section 4, or by an
advanced practice nurse in accordance with subsection (g) of
Section 4, containing the following: (l) name of the patient;
(2) date when prescription was issued; (3) name and strength
of drug or description of the medical device prescribed; and
(4) quantity, (5) directions for use, (6) prescriber's name,
address and signature, and (7) DEA number where required, for
controlled substances. DEA numbers shall not be required on
inpatient drug orders.
(f) "Person" means and includes a natural person,
copartnership, association, corporation, government entity,
or any other legal entity.
(g) "Department" means the Department of Professional
Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board
of Pharmacy of the Department of Professional Regulation.
(i) "Director" means the Director of Professional
Regulation.
(j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section
25 of this Act and Section 3.14 of the Illinois Food, Drug
and Cosmetic Act.
(k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act or the Hospital
Licensing Act, or "An Act in relation to the founding and
operation of the University of Illinois Hospital and the
conduct of University of Illinois health care programs",
approved July 3, 1931, as amended, or a facility which is
operated by the Department of Human Services (as successor to
the Department of Mental Health and Developmental
Disabilities) or the Department of Corrections.
(k-5) "Pharmacist" means an individual currently
licensed by this State to engage in the practice of pharmacy.
(l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license who is responsible
for all aspects of the operation related to the practice of
pharmacy.
(m) "Dispense" means the delivery of drugs and medical
devices, in accordance with applicable State and federal laws
and regulations, to the patient or the patient's
representative authorized to receive these products,
including the compounding, packaging, and labeling necessary
for delivery, and any recommending or advising concerning the
contents and therapeutic values and uses thereof. "Dispense"
does not mean the physical delivery to a patient or a
patient's representative in a home or institution by a
designee of a pharmacist or by common carrier. "Dispense"
also does not mean the physical delivery of a drug or medical
device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while
the pharmacist is on duty and the pharmacy is open.
(n) "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.
(o) "Compounding" means the preparation, mixing,
assembling, packaging, or labeling of a drug or medical
device: (1) as the result of a practitioner's prescription
drug order or initiative that is dispensed pursuant to a
prescription in the course of professional practice; or (2)
for the purpose of, or incident to, research, teaching, or
chemical analysis; or (3) in anticipation of prescription
drug orders based on routine, regularly observed prescribing
patterns.
(p) "Confidential information" means information,
maintained by the pharmacist in the patient's records,
released only (i) to the patient or, as the patient directs,
to other practitioners and other pharmacists or (ii) to any
other person authorized by law to receive the information.
(q) "Prospective drug review" or "drug utilization
evaluation" means a screening for potential drug therapy
problems due to therapeutic duplication, drug-disease
contraindications, drug-drug interactions (including serious
interactions with nonprescription or over-the-counter drugs),
drug-food interactions, incorrect drug dosage or duration of
drug treatment, drug-allergy interactions, and clinical abuse
or misuse.
(r) "Patient counseling" means the communication between
a pharmacist or a student pharmacist under the direct
supervision of a pharmacist and a patient or the patient's
representative about the patient's medication or device for
the purpose of optimizing proper use of prescription
medications or devices. The offer to counsel by the
pharmacist or the pharmacist's designee, and subsequent
patient counseling by the pharmacist or student pharmacist,
shall be made in a face-to-face communication with the
patient or patient's representative unless, in the
professional judgment of the pharmacist, a face-to-face
communication is deemed inappropriate or unnecessary. In
that instance, the offer to counsel or patient counseling may
be made in a written communication, by telephone, or in a
manner determined by the pharmacist to be appropriate.
(s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient
prescription and personal information.
(t) "Pharmaceutical care" includes, but is not limited
to, the act of monitoring drug use and other patient care
services intended to achieve outcomes that improve the
patient's quality of life but shall not include the sale of
over-the-counter drugs by a seller of goods and services who
does not dispense prescription drugs.
(u) "Medical device" means an instrument, apparatus,
implement, machine, contrivance, implant, in vitro reagent,
or other similar or related article, including any component
part or accessory, required under federal law to bear the
label "Caution: Federal law requires dispensing by or on the
order of a physician". A seller of goods and services who,
only for the purpose of retail sales, compounds, sells,
rents, or leases medical devices shall not, by reasons
thereof, be required to be a licensed pharmacy.
(Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97;
90-116, eff. 7-14-97; 90-253, eff. 7-29-97; revised 8-5-97.)
(225 ILCS 85/4) (from Ch. 111, par. 4124)
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; and
(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;
and
(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 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 Sections 15-15 and 15-20 of the
Nursing and Advanced Practice Nursing Act. This delegated
authority 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;
revised 8-5-97.)
Section 31. 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)
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 Illinois Nursing and
Advanced Practice Nursing Act of 1987.
(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. 89-387, eff. 1-1-96.)
Section 32. 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 Illinois Nursing and
Advanced Practice Nursing Act of 1987, as now or hereafter
amended.
(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 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. 86-817; 86-1472.)
Section 33. The Illinois Public Aid Code is amended by
changing Sections 5-16.3 and 8A-7.1 as follows:
(305 ILCS 5/5-16.3)
Sec. 5-16.3. System for integrated health care services.
(a) It shall be the public policy of the State to adopt,
to the extent practicable, a health care program that
encourages the integration of health care services and
manages the health care of program enrollees while preserving
reasonable choice within a competitive and cost-efficient
environment. In furtherance of this public policy, the
Illinois Department shall develop and implement an integrated
health care program consistent with the provisions of this
Section. The provisions of this Section apply only to the
integrated health care program created under this Section.
Persons enrolled in the integrated health care program, as
determined by the Illinois Department by rule, shall be
afforded a choice among health care delivery systems, which
shall include, but are not limited to, (i) fee for service
care managed by a primary care physician licensed to practice
medicine in all its branches, (ii) managed health care
entities, and (iii) federally qualified health centers
(reimbursed according to a prospective cost-reimbursement
methodology) and rural health clinics (reimbursed according
to the Medicare methodology), where available. Persons
enrolled in the integrated health care program also may be
offered indemnity insurance plans, subject to availability.
For purposes of this Section, a "managed health care
entity" means a health maintenance organization or a managed
care community network as defined in this Section. A "health
maintenance organization" means a health maintenance
organization as defined in the Health Maintenance
Organization Act. A "managed care community network" means
an entity, other than a health maintenance organization, that
is owned, operated, or governed by providers of health care
services within this State and that provides or arranges
primary, secondary, and tertiary managed health care services
under contract with the Illinois Department exclusively to
enrollees of the integrated health care program. A managed
care community network may contract with the Illinois
Department to provide only pediatric health care services. A
county provider as defined in Section 15-1 of this Code may
contract with the Illinois Department to provide services to
enrollees of the integrated health care program as a managed
care community network without the need to establish a
separate entity that provides services exclusively to
enrollees of the integrated health care program and shall be
deemed a managed care community network for purposes of this
Code only to the extent of the provision of services to those
enrollees in conjunction with the integrated health care
program. A county provider shall be entitled to contract
with the Illinois Department with respect to any contracting
region located in whole or in part within the county. A
county provider shall not be required to accept enrollees who
do not reside within the county.
Each managed care community network must demonstrate its
ability to bear the financial risk of serving enrollees under
this program. The Illinois Department shall by rule adopt
criteria for assessing the financial soundness of each
managed care community network. These rules shall consider
the extent to which a managed care community network is
comprised of providers who directly render health care and
are located within the community in which they seek to
contract rather than solely arrange or finance the delivery
of health care. These rules shall further consider a variety
of risk-bearing and management techniques, including the
sufficiency of quality assurance and utilization management
programs and whether a managed care community network has
sufficiently demonstrated its financial solvency and net
worth. The Illinois Department's criteria must be based on
sound actuarial, financial, and accounting principles. In
adopting these rules, the Illinois Department shall consult
with the Illinois Department of Insurance. The Illinois
Department is responsible for monitoring compliance with
these rules.
This Section may not be implemented before the effective
date of these rules, the approval of any necessary federal
waivers, and the completion of the review of an application
submitted, at least 60 days before the effective date of
rules adopted under this Section, to the Illinois Department
by a managed care community network.
All health care delivery systems that contract with the
Illinois Department under the integrated health care program
shall clearly recognize a health care provider's right of
conscience under the Health Care Right of Conscience Act. In
addition to the provisions of that Act, no health care
delivery system that contracts with the Illinois Department
under the integrated health care program shall be required to
provide, arrange for, or pay for any health care or medical
service, procedure, or product if that health care delivery
system is owned, controlled, or sponsored by or affiliated
with a religious institution or religious organization that
finds that health care or medical service, procedure, or
product to violate its religious and moral teachings and
beliefs.
(b) The Illinois Department may, by rule, provide for
different benefit packages for different categories of
persons enrolled in the program. Mental health services,
alcohol and substance abuse services, services related to
children with chronic or acute conditions requiring
longer-term treatment and follow-up, and rehabilitation care
provided by a free-standing rehabilitation hospital or a
hospital rehabilitation unit may be excluded from a benefit
package if the State ensures that those services are made
available through a separate delivery system. An exclusion
does not prohibit the Illinois Department from developing and
implementing demonstration projects for categories of persons
or services. Benefit packages for persons eligible for
medical assistance under Articles V, VI, and XII shall be
based on the requirements of those Articles and shall be
consistent with the Title XIX of the Social Security Act.
Nothing in this Act shall be construed to apply to services
purchased by the Department of Children and Family Services
and the Department of Human Services (as successor to the
Department of Mental Health and Developmental Disabilities)
under the provisions of Title 59 of the Illinois
Administrative Code, Part 132 ("Medicaid Community Mental
Health Services Program").
(c) The program established by this Section may be
implemented by the Illinois Department in various contracting
areas at various times. The health care delivery systems and
providers available under the program may vary throughout the
State. For purposes of contracting with managed health care
entities and providers, the Illinois Department shall
establish contracting areas similar to the geographic areas
designated by the Illinois Department for contracting
purposes under the Illinois Competitive Access and
Reimbursement Equity Program (ICARE) under the authority of
Section 3-4 of the Illinois Health Finance Reform Act or
similarly-sized or smaller geographic areas established by
the Illinois Department by rule. A managed health care entity
shall be permitted to contract in any geographic areas for
which it has a sufficient provider network and otherwise
meets the contracting terms of the State. The Illinois
Department is not prohibited from entering into a contract
with a managed health care entity at any time.
(c-5) A managed health care entity may not engage in
door-to-door marketing activities or marketing activities at
an office of the Illinois Department or a county department
in order to enroll in the entity's health care delivery
system persons who are enrolled in the integrated health care
program established under this Section. The Illinois
Department shall adopt rules defining "marketing activities"
prohibited by this subsection (c-5).
Before a managed health care entity may market its health
care delivery system to persons enrolled in the integrated
health care program established under this Section, the
Illinois Department must approve a marketing plan submitted
by the entity to the Illinois Department. The Illinois
Department shall adopt guidelines for approving marketing
plans submitted by managed health care entities under this
subsection. Besides prohibiting door-to-door marketing
activities and marketing activities at public aid offices,
the guidelines shall include at least the following:
(1) A managed health care entity may not offer or
provide any gift, favor, or other inducement in marketing
its health care delivery system to integrated health care
program enrollees. A managed health care entity may
provide health care related items that are of nominal
value and pre-approved by the Illinois Department to
prospective enrollees. A managed health care entity may
also provide to enrollees health care related items that
have been pre-approved by the Illinois Department as an
incentive to manage their health care appropriately.
(2) All persons employed or otherwise engaged by a
managed health care entity to market the entity's health
care delivery system to integrated health care program
enrollees or to supervise that marketing shall register
with the Illinois Department.
The Inspector General appointed under Section 12-13.1 may
conduct investigations to determine whether the marketing
practices of managed health care entities participating in
the integrated health care program comply with the
guidelines.
(d) A managed health care entity that contracts with the
Illinois Department for the provision of services under the
program shall do all of the following, solely for purposes of
the integrated health care program:
(1) Provide that any individual physician licensed
under the Medical Practice Act of 1987, any pharmacy, any
federally qualified health center, any therapeutically
certified optometrist, and any podiatrist, that
consistently meets the reasonable terms and conditions
established by the managed health care entity, including
but not limited to credentialing standards, quality
assurance program requirements, utilization management
requirements, financial responsibility standards,
contracting process requirements, and provider network
size and accessibility requirements, must be accepted by
the managed health care entity for purposes of the
Illinois integrated health care program. Notwithstanding
the preceding sentence, only a physician licensed to
practice medicine in all its branches shall act as a
primary care physician within a managed health care
entity for purposes of the Illinois integrated health
care program. Any individual who is either terminated
from or denied inclusion in the panel of physicians of
the managed health care entity shall be given, within 10
business days after that determination, a written
explanation of the reasons for his or her exclusion or
termination from the panel. This paragraph (1) does not
apply to the following:
(A) A managed health care entity that
certifies to the Illinois Department that:
(i) it employs on a full-time basis 125
or more Illinois physicians licensed to
practice medicine in all of its branches; and
(ii) it will provide medical services
through its employees to more than 80% of the
recipients enrolled with the entity in the
integrated health care program; or
(B) A domestic stock insurance company
licensed under clause (b) of class 1 of Section 4 of
the Illinois Insurance Code if (i) at least 66% of
the stock of the insurance company is owned by a
professional corporation organized under the
Professional Service Corporation Act that has 125 or
more shareholders who are Illinois physicians
licensed to practice medicine in all of its branches
and (ii) the insurance company certifies to the
Illinois Department that at least 80% of those
physician shareholders will provide services to
recipients enrolled with the company in the
integrated health care program.
(2) Provide for reimbursement for providers for
emergency care, as defined by the Illinois Department by
rule, that must be provided to its enrollees, including
an emergency room screening fee, and urgent care that it
authorizes for its enrollees, regardless of the
provider's affiliation with the managed health care
entity. Providers shall be reimbursed for emergency care
at an amount equal to the Illinois Department's
fee-for-service rates for those medical services rendered
by providers not under contract with the managed health
care entity to enrollees of the entity.
(3) Provide that any provider affiliated with a
managed health care entity may also provide services on a
fee-for-service basis to Illinois Department clients not
enrolled in a managed health care entity.
(4) Provide client education services as determined
and approved by the Illinois Department, including but
not limited to (i) education regarding appropriate
utilization of health care services in a managed care
system, (ii) written disclosure of treatment policies and
any restrictions or limitations on health services,
including, but not limited to, physical services,
clinical laboratory tests, hospital and surgical
procedures, prescription drugs and biologics, and
radiological examinations, and (iii) written notice that
the enrollee may receive from another provider those
services covered under this program that are not provided
by the managed health care entity.
(5) Provide that enrollees within its system may
choose the site for provision of services and the panel
of health care providers.
(6) Not discriminate in its enrollment or
disenrollment practices among recipients of medical
services or program enrollees based on health status.
(7) Provide a quality assurance and utilization
review program that (i) for health maintenance
organizations meets the requirements of the Health
Maintenance Organization Act and (ii) for managed care
community networks meets the requirements established by
the Illinois Department in rules that incorporate those
standards set forth in the Health Maintenance
Organization Act.
(8) Issue a managed health care entity
identification card to each enrollee upon enrollment.
The card must contain all of the following:
(A) The enrollee's signature.
(B) The enrollee's health plan.
(C) The name and telephone number of the
enrollee's primary care physician.
(D) A telephone number to be used for
emergency service 24 hours per day, 7 days per week.
The telephone number required to be maintained
pursuant to this subparagraph by each managed health
care entity shall, at minimum, be staffed by
medically trained personnel and be provided
directly, or under arrangement, at an office or
offices in locations maintained solely within the
State of Illinois. For purposes of this
subparagraph, "medically trained personnel" means
licensed practical nurses or registered nurses
located in the State of Illinois who are licensed
pursuant to the Illinois Nursing and Advanced
Practice Nursing Act of 1987.
(9) Ensure that every primary care physician and
pharmacy in the managed health care entity meets the
standards established by the Illinois Department for
accessibility and quality of care. The Illinois
Department shall arrange for and oversee an evaluation of
the standards established under this paragraph (9) and
may recommend any necessary changes to these standards.
The Illinois Department shall submit an annual report to
the Governor and the General Assembly by April 1 of each
year regarding the effect of the standards on ensuring
access and quality of care to enrollees.
(10) Provide a procedure for handling complaints
that (i) for health maintenance organizations meets the
requirements of the Health Maintenance Organization Act
and (ii) for managed care community networks meets the
requirements established by the Illinois Department in
rules that incorporate those standards set forth in the
Health Maintenance Organization Act.
(11) Maintain, retain, and make available to the
Illinois Department records, data, and information, in a
uniform manner determined by the Illinois Department,
sufficient for the Illinois Department to monitor
utilization, accessibility, and quality of care.
(12) Except for providers who are prepaid, pay all
approved claims for covered services that are completed
and submitted to the managed health care entity within 30
days after receipt of the claim or receipt of the
appropriate capitation payment or payments by the managed
health care entity from the State for the month in which
the services included on the claim were rendered,
whichever is later. If payment is not made or mailed to
the provider by the managed health care entity by the due
date under this subsection, an interest penalty of 1% of
any amount unpaid shall be added for each month or
fraction of a month after the due date, until final
payment is made. Nothing in this Section shall prohibit
managed health care entities and providers from mutually
agreeing to terms that require more timely payment.
(13) Provide integration with community-based
programs provided by certified local health departments
such as Women, Infants, and Children Supplemental Food
Program (WIC), childhood immunization programs, health
education programs, case management programs, and health
screening programs.
(14) Provide that the pharmacy formulary used by a
managed health care entity and its contract providers be
no more restrictive than the Illinois Department's
pharmaceutical program on the effective date of this
amendatory Act of 1994 and as amended after that date.
(15) Provide integration with community-based
organizations, including, but not limited to, any
organization that has operated within a Medicaid
Partnership as defined by this Code or by rule of the
Illinois Department, that may continue to operate under a
contract with the Illinois Department or a managed health
care entity under this Section to provide case management
services to Medicaid clients in designated high-need
areas.
The Illinois Department may, by rule, determine
methodologies to limit financial liability for managed health
care entities resulting from payment for services to
enrollees provided under the Illinois Department's integrated
health care program. Any methodology so determined may be
considered or implemented by the Illinois Department through
a contract with a managed health care entity under this
integrated health care program.
The Illinois Department shall contract with an entity or
entities to provide external peer-based quality assurance
review for the integrated health care program. The entity
shall be representative of Illinois physicians licensed to
practice medicine in all its branches and have statewide
geographic representation in all specialties of medical care
that are provided within the integrated health care program.
The entity may not be a third party payer and shall maintain
offices in locations around the State in order to provide
service and continuing medical education to physician
participants within the integrated health care program. The
review process shall be developed and conducted by Illinois
physicians licensed to practice medicine in all its branches.
In consultation with the entity, the Illinois Department may
contract with other entities for professional peer-based
quality assurance review of individual categories of services
other than services provided, supervised, or coordinated by
physicians licensed to practice medicine in all its branches.
The Illinois Department shall establish, by rule, criteria to
avoid conflicts of interest in the conduct of quality
assurance activities consistent with professional peer-review
standards. All quality assurance activities shall be
coordinated by the Illinois Department.
(e) All persons enrolled in the program shall be
provided with a full written explanation of all
fee-for-service and managed health care plan options and a
reasonable opportunity to choose among the options as
provided by rule. The Illinois Department shall provide to
enrollees, upon enrollment in the integrated health care
program and at least annually thereafter, notice of the
process for requesting an appeal under the Illinois
Department's administrative appeal procedures.
Notwithstanding any other Section of this Code, the Illinois
Department may provide by rule for the Illinois Department to
assign a person enrolled in the program to a specific
provider of medical services or to a specific health care
delivery system if an enrollee has failed to exercise choice
in a timely manner. An enrollee assigned by the Illinois
Department shall be afforded the opportunity to disenroll and
to select a specific provider of medical services or a
specific health care delivery system within the first 30 days
after the assignment. An enrollee who has failed to exercise
choice in a timely manner may be assigned only if there are 3
or more managed health care entities contracting with the
Illinois Department within the contracting area, except that,
outside the City of Chicago, this requirement may be waived
for an area by rules adopted by the Illinois Department after
consultation with all hospitals within the contracting area.
The Illinois Department shall establish by rule the procedure
for random assignment of enrollees who fail to exercise
choice in a timely manner to a specific managed health care
entity in proportion to the available capacity of that
managed health care entity. Assignment to a specific provider
of medical services or to a specific managed health care
entity may not exceed that provider's or entity's capacity as
determined by the Illinois Department. Any person who has
chosen a specific provider of medical services or a specific
managed health care entity, or any person who has been
assigned under this subsection, shall be given the
opportunity to change that choice or assignment at least once
every 12 months, as determined by the Illinois Department by
rule. The Illinois Department shall maintain a toll-free
telephone number for program enrollees' use in reporting
problems with managed health care entities.
(f) If a person becomes eligible for participation in
the integrated health care program while he or she is
hospitalized, the Illinois Department may not enroll that
person in the program until after he or she has been
discharged from the hospital. This subsection does not apply
to newborn infants whose mothers are enrolled in the
integrated health care program.
(g) The Illinois Department shall, by rule, establish
for managed health care entities rates that (i) are certified
to be actuarially sound, as determined by an actuary who is
an associate or a fellow of the Society of Actuaries or a
member of the American Academy of Actuaries and who has
expertise and experience in medical insurance and benefit
programs, in accordance with the Illinois Department's
current fee-for-service payment system, and (ii) take into
account any difference of cost to provide health care to
different populations based on gender, age, location, and
eligibility category. The rates for managed health care
entities shall be determined on a capitated basis.
The Illinois Department by rule shall establish a method
to adjust its payments to managed health care entities in a
manner intended to avoid providing any financial incentive to
a managed health care entity to refer patients to a county
provider, in an Illinois county having a population greater
than 3,000,000, that is paid directly by the Illinois
Department. The Illinois Department shall by April 1, 1997,
and annually thereafter, review the method to adjust
payments. Payments by the Illinois Department to the county
provider, for persons not enrolled in a managed care
community network owned or operated by a county provider,
shall be paid on a fee-for-service basis under Article XV of
this Code.
The Illinois Department by rule shall establish a method
to reduce its payments to managed health care entities to
take into consideration (i) any adjustment payments paid to
hospitals under subsection (h) of this Section to the extent
those payments, or any part of those payments, have been
taken into account in establishing capitated rates under this
subsection (g) and (ii) the implementation of methodologies
to limit financial liability for managed health care entities
under subsection (d) of this Section.
(h) For hospital services provided by a hospital that
contracts with a managed health care entity, adjustment
payments shall be paid directly to the hospital by the
Illinois Department. Adjustment payments may include but
need not be limited to adjustment payments to:
disproportionate share hospitals under Section 5-5.02 of this
Code; primary care access health care education payments (89
Ill. Adm. Code 149.140); payments for capital, direct medical
education, indirect medical education, certified registered
nurse anesthetist, and kidney acquisition costs (89 Ill. Adm.
Code 149.150(c)); uncompensated care payments (89 Ill. Adm.
Code 148.150(h)); trauma center payments (89 Ill. Adm. Code
148.290(c)); rehabilitation hospital payments (89 Ill. Adm.
Code 148.290(d)); perinatal center payments (89 Ill. Adm.
Code 148.290(e)); obstetrical care payments (89 Ill. Adm.
Code 148.290(f)); targeted access payments (89 Ill. Adm. Code
148.290(g)); Medicaid high volume payments (89 Ill. Adm. Code
148.290(h)); and outpatient indigent volume adjustments (89
Ill. Adm. Code 148.140(b)(5)).
(i) For any hospital eligible for the adjustment
payments described in subsection (h), the Illinois Department
shall maintain, through the period ending June 30, 1995,
reimbursement levels in accordance with statutes and rules in
effect on April 1, 1994.
(j) Nothing contained in this Code in any way limits or
otherwise impairs the authority or power of the Illinois
Department to enter into a negotiated contract pursuant to
this Section with a managed health care entity, including,
but not limited to, a health maintenance organization, that
provides for termination or nonrenewal of the contract
without cause upon notice as provided in the contract and
without a hearing.
(k) Section 5-5.15 does not apply to the program
developed and implemented pursuant to this Section.
(l) The Illinois Department shall, by rule, define those
chronic or acute medical conditions of childhood that require
longer-term treatment and follow-up care. The Illinois
Department shall ensure that services required to treat these
conditions are available through a separate delivery system.
A managed health care entity that contracts with the
Illinois Department may refer a child with medical conditions
described in the rules adopted under this subsection directly
to a children's hospital or to a hospital, other than a
children's hospital, that is qualified to provide inpatient
and outpatient services to treat those conditions. The
Illinois Department shall provide fee-for-service
reimbursement directly to a children's hospital for those
services pursuant to Title 89 of the Illinois Administrative
Code, Section 148.280(a), at a rate at least equal to the
rate in effect on March 31, 1994. For hospitals, other than
children's hospitals, that are qualified to provide inpatient
and outpatient services to treat those conditions, the
Illinois Department shall provide reimbursement for those
services on a fee-for-service basis, at a rate at least equal
to the rate in effect for those other hospitals on March 31,
1994.
A children's hospital shall be directly reimbursed for
all services provided at the children's hospital on a
fee-for-service basis pursuant to Title 89 of the Illinois
Administrative Code, Section 148.280(a), at a rate at least
equal to the rate in effect on March 31, 1994, until the
later of (i) implementation of the integrated health care
program under this Section and development of actuarially
sound capitation rates for services other than those chronic
or acute medical conditions of childhood that require
longer-term treatment and follow-up care as defined by the
Illinois Department in the rules adopted under this
subsection or (ii) March 31, 1996.
Notwithstanding anything in this subsection to the
contrary, a managed health care entity shall not consider
sources or methods of payment in determining the referral of
a child. The Illinois Department shall adopt rules to
establish criteria for those referrals. The Illinois
Department by rule shall establish a method to adjust its
payments to managed health care entities in a manner intended
to avoid providing any financial incentive to a managed
health care entity to refer patients to a provider who is
paid directly by the Illinois Department.
(m) Behavioral health services provided or funded by the
Department of Human Services, the Department of Children and
Family Services, and the Illinois Department shall be
excluded from a benefit package. Conditions of an organic or
physical origin or nature, including medical detoxification,
however, may not be excluded. In this subsection,
"behavioral health services" means mental health services and
subacute alcohol and substance abuse treatment services, as
defined in the Illinois Alcoholism and Other Drug Dependency
Act. In this subsection, "mental health services" includes,
at a minimum, the following services funded by the Illinois
Department, the Department of Human Services (as successor to
the Department of Mental Health and Developmental
Disabilities), or the Department of Children and Family
Services: (i) inpatient hospital services, including related
physician services, related psychiatric interventions, and
pharmaceutical services provided to an eligible recipient
hospitalized with a primary diagnosis of psychiatric
disorder; (ii) outpatient mental health services as defined
and specified in Title 59 of the Illinois Administrative
Code, Part 132; (iii) any other outpatient mental health
services funded by the Illinois Department pursuant to the
State of Illinois Medicaid Plan; (iv) partial
hospitalization; and (v) follow-up stabilization related to
any of those services. Additional behavioral health services
may be excluded under this subsection as mutually agreed in
writing by the Illinois Department and the affected State
agency or agencies. The exclusion of any service does not
prohibit the Illinois Department from developing and
implementing demonstration projects for categories of persons
or services. The Department of Children and Family Services
and the Department of Human Services shall each adopt rules
governing the integration of managed care in the provision of
behavioral health services. The State shall integrate managed
care community networks and affiliated providers, to the
extent practicable, in any separate delivery system for
mental health services.
(n) The Illinois Department shall adopt rules to
establish reserve requirements for managed care community
networks, as required by subsection (a), and health
maintenance organizations to protect against liabilities in
the event that a managed health care entity is declared
insolvent or bankrupt. If a managed health care entity other
than a county provider is declared insolvent or bankrupt,
after liquidation and application of any available assets,
resources, and reserves, the Illinois Department shall pay a
portion of the amounts owed by the managed health care entity
to providers for services rendered to enrollees under the
integrated health care program under this Section based on
the following schedule: (i) from April 1, 1995 through June
30, 1998, 90% of the amounts owed; (ii) from July 1, 1998
through June 30, 2001, 80% of the amounts owed; and (iii)
from July 1, 2001 through June 30, 2005, 75% of the amounts
owed. The amounts paid under this subsection shall be
calculated based on the total amount owed by the managed
health care entity to providers before application of any
available assets, resources, and reserves. After June 30,
2005, the Illinois Department may not pay any amounts owed to
providers as a result of an insolvency or bankruptcy of a
managed health care entity occurring after that date. The
Illinois Department is not obligated, however, to pay amounts
owed to a provider that has an ownership or other governing
interest in the managed health care entity. This subsection
applies only to managed health care entities and the services
they provide under the integrated health care program under
this Section.
(o) Notwithstanding any other provision of law or
contractual agreement to the contrary, providers shall not be
required to accept from any other third party payer the rates
determined or paid under this Code by the Illinois
Department, managed health care entity, or other health care
delivery system for services provided to recipients.
(p) The Illinois Department may seek and obtain any
necessary authorization provided under federal law to
implement the program, including the waiver of any federal
statutes or regulations. The Illinois Department may seek a
waiver of the federal requirement that the combined
membership of Medicare and Medicaid enrollees in a managed
care community network may not exceed 75% of the managed care
community network's total enrollment. The Illinois
Department shall not seek a waiver of this requirement for
any other category of managed health care entity. The
Illinois Department shall not seek a waiver of the inpatient
hospital reimbursement methodology in Section 1902(a)(13)(A)
of Title XIX of the Social Security Act even if the federal
agency responsible for administering Title XIX determines
that Section 1902(a)(13)(A) applies to managed health care
systems.
Notwithstanding any other provisions of this Code to the
contrary, the Illinois Department shall seek a waiver of
applicable federal law in order to impose a co-payment system
consistent with this subsection on recipients of medical
services under Title XIX of the Social Security Act who are
not enrolled in a managed health care entity. The waiver
request submitted by the Illinois Department shall provide
for co-payments of up to $0.50 for prescribed drugs and up to
$0.50 for x-ray services and shall provide for co-payments of
up to $10 for non-emergency services provided in a hospital
emergency room and up to $10 for non-emergency ambulance
services. The purpose of the co-payments shall be to deter
those recipients from seeking unnecessary medical care.
Co-payments may not be used to deter recipients from seeking
necessary medical care. No recipient shall be required to
pay more than a total of $150 per year in co-payments under
the waiver request required by this subsection. A recipient
may not be required to pay more than $15 of any amount due
under this subsection in any one month.
Co-payments authorized under this subsection may not be
imposed when the care was necessitated by a true medical
emergency. Co-payments may not be imposed for any of the
following classifications of services:
(1) Services furnished to person under 18 years of
age.
(2) Services furnished to pregnant women.
(3) Services furnished to any individual who is an
inpatient in a hospital, nursing facility, intermediate
care facility, or other medical institution, if that
person is required to spend for costs of medical care all
but a minimal amount of his or her income required for
personal needs.
(4) Services furnished to a person who is receiving
hospice care.
Co-payments authorized under this subsection shall not be
deducted from or reduce in any way payments for medical
services from the Illinois Department to providers. No
provider may deny those services to an individual eligible
for services based on the individual's inability to pay the
co-payment.
Recipients who are subject to co-payments shall be
provided notice, in plain and clear language, of the amount
of the co-payments, the circumstances under which co-payments
are exempted, the circumstances under which co-payments may
be assessed, and their manner of collection.
The Illinois Department shall establish a Medicaid
Co-Payment Council to assist in the development of co-payment
policies for the medical assistance program. The Medicaid
Co-Payment Council shall also have jurisdiction to develop a
program to provide financial or non-financial incentives to
Medicaid recipients in order to encourage recipients to seek
necessary health care. The Council shall be chaired by the
Director of the Illinois Department, and shall have 6
additional members. Two of the 6 additional members shall be
appointed by the Governor, and one each shall be appointed by
the President of the Senate, the Minority Leader of the
Senate, the Speaker of the House of Representatives, and the
Minority Leader of the House of Representatives. The Council
may be convened and make recommendations upon the appointment
of a majority of its members. The Council shall be appointed
and convened no later than September 1, 1994 and shall report
its recommendations to the Director of the Illinois
Department and the General Assembly no later than October 1,
1994. The chairperson of the Council shall be allowed to
vote only in the case of a tie vote among the appointed
members of the Council.
The Council shall be guided by the following principles
as it considers recommendations to be developed to implement
any approved waivers that the Illinois Department must seek
pursuant to this subsection:
(1) Co-payments should not be used to deter access
to adequate medical care.
(2) Co-payments should be used to reduce fraud.
(3) Co-payment policies should be examined in
consideration of other states' experience, and the
ability of successful co-payment plans to control
unnecessary or inappropriate utilization of services
should be promoted.
(4) All participants, both recipients and
providers, in the medical assistance program have
responsibilities to both the State and the program.
(5) Co-payments are primarily a tool to educate the
participants in the responsible use of health care
resources.
(6) Co-payments should not be used to penalize
providers.
(7) A successful medical program requires the
elimination of improper utilization of medical resources.
The integrated health care program, or any part of that
program, established under this Section may not be
implemented if matching federal funds under Title XIX of the
Social Security Act are not available for administering the
program.
The Illinois Department shall submit for publication in
the Illinois Register the name, address, and telephone number
of the individual to whom a request may be directed for a
copy of the request for a waiver of provisions of Title XIX
of the Social Security Act that the Illinois Department
intends to submit to the Health Care Financing Administration
in order to implement this Section. The Illinois Department
shall mail a copy of that request for waiver to all
requestors at least 16 days before filing that request for
waiver with the Health Care Financing Administration.
(q) After the effective date of this Section, the
Illinois Department may take all planning and preparatory
action necessary to implement this Section, including, but
not limited to, seeking requests for proposals relating to
the integrated health care program created under this
Section.
(r) In order to (i) accelerate and facilitate the
development of integrated health care in contracting areas
outside counties with populations in excess of 3,000,000 and
counties adjacent to those counties and (ii) maintain and
sustain the high quality of education and residency programs
coordinated and associated with local area hospitals, the
Illinois Department may develop and implement a demonstration
program for managed care community networks owned, operated,
or governed by State-funded medical schools. The Illinois
Department shall prescribe by rule the criteria, standards,
and procedures for effecting this demonstration program.
(s) (Blank).
(t) On April 1, 1995 and every 6 months thereafter, the
Illinois Department shall report to the Governor and General
Assembly on the progress of the integrated health care
program in enrolling clients into managed health care
entities. The report shall indicate the capacities of the
managed health care entities with which the State contracts,
the number of clients enrolled by each contractor, the areas
of the State in which managed care options do not exist, and
the progress toward meeting the enrollment goals of the
integrated health care program.
(u) The Illinois Department may implement this Section
through the use of emergency rules in accordance with Section
5-45 of the Illinois Administrative Procedure Act. For
purposes of that Act, the adoption of rules to implement this
Section is deemed an emergency and necessary for the public
interest, safety, and welfare.
(Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97;
89-673, eff. 8-14-96; 90-14, eff. 7-1-97; 90-254, eff.
1-1-98; 90-538, eff. 12-1-97; revised 12-3-97.)
(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 Illinois Nursing and Advanced
Practice Nursing Act of 1987, 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. 85-1209.)
Section 34. 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:
(a) "Department" means the Illinois Department of Human
Services.
(b) "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.
(c) "Hospital" means a hospital as defined under the
Hospital Licensing Act.
(d) "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.
(e) "Nurse" means a nurse licensed under the Illinois
Nursing and Advanced Practice Nursing Act.
(f) "Physician" means a physician licensed to practice
medicine in all of its branches.
(g) "Postnatal visit" means a visit occurring after
birth, with reference to the newborn.
(h) "Prenatal visit" means a visit occurring before
birth.
(i) "Program" means the Prenatal and Newborn Care
Program established pursuant to this Act.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 35. 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 10-45 and 15-50 Section 25
of the Illinois Nursing and Advanced Practice Nursing Act of
1987, as amended, 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", approved July 1, 1953, as amended.
(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. 85-1209.)
Section 37. The Illinois Controlled Substances Act is
amended by changing Sections 102 and 103 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 or
research subject by:
(1) a practitioner (or, in his presence, by his
authorized agent), or
(2) the patient or research subject at the lawful
direction of the practitioner.
(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) "Designated product" means any narcotic drug,
amphetamine, phenmetrazine, methamphetamine, gluthethimide,
pentazocine or cannabis product listed in Schedule II and
also means a controlled substance listed in Schedule II which
is determined and designated by the Department or its
successor agency to be such a product. A designated product
shall only be dispensed upon an official prescription 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.
(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, 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.
(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
Illinois Nursing and Advanced Practice Nursing Act of 1987.
(cc) "Official prescription blanks" means the triplicate
prescription forms supplied to prescribers by the Department
for prescribing Schedule II Designated Product controlled
substances.
(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, or a physician
assistant who issues a prescription for a Schedule III, IV,
or V controlled substance as delegated by a physician
licensed to practice medicine in all its branches in
accordance with the written guidelines required under Section
7.5 of the Physician Assistant Practice Act of 1987, or an
advanced practice nurse with prescriptive authority, as
delegated by a physician licensed to practice medicine in all
its branches, in accordance with a written collaborative
agreement under 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, or of a physician assistant for a
Schedule III, IV, or V controlled substance as delegated by a
physician licensed to practice medicine in all its branches
in accordance with the written guidelines required under
Section 7.5 of the Physician Assistant Practice Act of 1987,
or of an advanced practice nurse who issues a prescription
for a Schedule III, IV, or V controlled substance, pursuant
to prescriptive authority delegated by a physician licensed
to practice medicine in all its branches, in accordance with
a written collaborative agreement under 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.
(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. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97;
90-116, eff. 7-14-97.)
(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 Illinois Nursing and Advanced Practice Nursing Act, of
1987 or the Pharmacy Practice Act of 1987.
(Source: P.A. 85-1209.)
Section 40. The Good Samaritan Act is amended by adding
Section 34 and changing Sections 10, 25, 30, 35, 40, 45, 60,
70, and 75 as follows:
(745 ILCS 49/10)
Sec. 10. Cardiopulmonary resuscitation; exemption from
civil liability for emergency care. Any person currently
certified in basic cardiopulmonary resuscitation who complies
with generally recognized standards, and who in good faith,
not for compensation, provides emergency cardiopulmonary
resuscitation to a person who is an apparent victim of acute
cardiopulmonary insufficiency shall not, as the result of his
or her acts or omissions in providing resuscitation, be
liable for civil damages, unless the acts or omissions
constitute willful and wanton misconduct.
(Source: P.A. 89-607, eff. 1-1-97.)
(745 ILCS 49/25)
Sec. 25. Physicians; exemption from civil liability for
emergency care. Any person licensed under the Medical
Practice Act of 1987 or any person licensed to practice the
treatment of human ailments in any other state or territory
of the United States, except a person licensed to practice
midwifery, who, in good faith and without prior notice of the
illness or injury, provides emergency care without fee to a
person, shall not, as a result of his or her their acts or
omissions, except willful or wanton misconduct on the part of
the person, in providing the care, be liable for civil
damages.
(Source: P.A. 89-607, eff. 1-1-97.)
(745 ILCS 49/30)
Sec. 30. Free medical clinic; exemption from civil
liability for services performed without compensation.
(a) A person licensed under the Medical Practice Act of
1987, a person or licensed to practice the treatment of human
ailments in any other state or territory of the United
States, or a health care professional, including but not
limited to an advanced practice nurse, physician assistant,
nurse, pharmacist, physical therapist, podiatrist, or social
worker licensed in this State or any other state or territory
of the United States, except a person licensed to practice
midwifery, who, in good faith, provides medical treatment,
diagnosis, or advice as a part of the services of an
established free medical clinic providing care to medically
indigent patients which is limited to care that does not
require the services of a licensed hospital or ambulatory
surgical treatment center and who receives no fee or
compensation from that source shall not be liable for civil
damages as a result of his or her acts or omissions in
providing that medical treatment, except for willful or
wanton misconduct.
(b) For purposes of this Section, a "free medical
clinic" is an organized community based program providing
medical care without charge to individuals unable to pay for
it, at which the care provided does not include the use of
general anesthesia or require an overnight stay in a
health-care facility.
(c) The provisions of subsection (a) of this Section do
not apply to a particular case unless the free medical clinic
has posted in a conspicuous place on its premises an
explanation of the exemption from civil liability provided
herein.
(d) The immunity from civil damages provided under
subsection (a) also applies to physicians, hospitals, and
other health care providers that provide further medical
treatment, diagnosis, or advice to a patient upon referral
from an established free medical clinic without fee or
compensation.
(e) Nothing in this Section prohibits a free medical
clinic from accepting voluntary contributions for medical
services provided to a patient who has acknowledged his or
her ability and willingness to pay a portion of the value of
the medical services provided.
Any voluntary contribution collected for providing care
at a free medical clinic shall be used only to pay overhead
expenses of operating the clinic. No portion of any moneys
collected shall be used to provide a fee or other
compensation to any person licensed under Medical Practice
Act of 1987.
(Source: P.A. 89-607, eff. 1-1-97.)
(745 ILCS 49/34 new)
Sec. 34. Advanced practice nurse; exemption from civil
liability for emergency care. A person licensed as an
advanced practice nurse under the 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.
(745 ILCS 49/35)
Sec. 35. Nurses; exemption from civil liability for
emergency care. Any person licensed under the Illinois
Nursing Act of 1987 or any person licensed as a professional
nurse, or as a practical nurse in Illinois or any other state
or territory of the United States who in good faith and
without prior notice of the illness or injury provides
emergency care without fee to a person shall not, as a result
of her or his acts or omissions, except for willful or wanton
misconduct on the part of the person, in providing the care,
be liable for civil damages.
(Source: P.A. 89-607, eff. 1-1-97.)
(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 Illinois Nursing and Advanced
Practice Nursing Act of 1987 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). As used in this Section "willful or wanton
misconduct" means a course of action which shows an actual or
deliberate intention to cause harm or which, if not
intentional, shows an utter indifference to or conscious
disregard for the safety of others or their property.
(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.)
(745 ILCS 49/45)
Sec. 45. Physical Therapist; exemption from civil
liability for emergency care. Any physical therapist, as
defined in Section 1 of the Illinois Physical Therapy Act,
who in good faith provides emergency care without fee to any
person shall not, as a result of his or her acts or
omissions, except willful and wanton misconduct on the part
of the person in providing the care, be liable to a person to
whom such care is provided for civil damages.
(Source: P.A. 89-607, eff. 1-1-97.)
(745 ILCS 49/60)
Sec. 60. Veterinarians; exemption from civil liability
for emergency care to humans. Any person licensed under the
Veterinary Medicine and Surgery Practice Act of 1994 or any
person licensed as a veterinarian in any other state or
territory of the United States who in good faith provides
emergency care to a human victim of an accident, at the scene
of an accident or in a catastrophe 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. 89-607, eff. 1-1-97.)
(745 ILCS 49/70)
Sec. 70. Law enforcement officers or firemen; exemption
from civil liability for emergency care. Any law
enforcement officer or fireman as defined in Section 2 of the
Law Enforcement Officers, Civil Defense Workers, Civil Air
Patrol Members, Paramedics, Firemen, Chaplains, and State
Employees Compensation Act, who in good faith provides
emergency care without fee to any person shall not, as a
result of his or her acts or omissions, except willful and
wanton misconduct on the part of the person, in providing the
care, be liable to a person to whom such care is provided for
civil damages.
(Source: P.A. 89-607, eff. 1-1-97.)
(745 ILCS 49/75)
Sec. 75. Employers and employees under the Health and
Safety Act; exemption from civil liability for emergency
care. Any employer, who in good faith provides emergency
medical or first aid care without fee to any employee or any
other person employed on the same project shall not, as a
result of his or her acts or omissions, except willful and
wanton misconduct on the part of the employer, in providing
the care, be liable to such employee or such other person to
whom such care is provided for civil damages.
Any employee who in good faith provides emergency medical
or first aid care without fee to any other employee or any
other person employed on the same project shall not, as a
result of his or her acts or omissions, except for willful
and wanton misconduct on the part of the employee in
providing the care, be liable to the employee or other person
to whom the care is provided for civil damages.
Excluded from the operation of this Section are any
employees who are licensed physicians, nurses, dentists, or
other licensed health services personnel.
The provisions of this Section do not affect or in any
way diminish or change an employer's liability under the
Workers' Compensation Act, or the Workers' Occupational
Diseases Act.
This Section applies only to employers and employees
under the Health and Safety Act.
(Source: P.A. 89-607, eff. 1-1-97.)
Section 45. 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) A. In the employ of a hospital, if such service
is performed by a patient of the hospital.
(B) 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 Illinois
Nursing and Advanced Practice Nursing Act of 1987.
(C) 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. 85-1209.)
Section 99. Effective date. This Act takes effect July
1, 1998.