HB1388 EnrolledLRB098 07103 MGM 37164 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Section 24-102 as follows:
 
6    (40 ILCS 5/24-102)  (from Ch. 108 1/2, par. 24-102)
7    Sec. 24-102. As used in this Article, "employee" means any
8person, including a person elected, appointed or under
9contract, receiving compensation from the State or a unit of
10local government or school district for personal services
11rendered, including salaried persons. A health care provider
12who elects to participate in the State Employees Deferred
13Compensation Plan established under Section 24-104 of this Code
14shall, for purposes of that participation, be deemed an
15"employee" as defined in this Section.
16    As used in this Article, "health care provider" means a
17dentist, physician, optometrist, pharmacist, or podiatric
18physician podiatrist that participates and receives
19compensation as a provider under the Illinois Public Aid Code,
20the Children's Health Insurance Act, or the Covering ALL KIDS
21Health Insurance Act.
22    As used in this Article, "compensation" includes
23compensation received in a lump sum for accumulated unused

 

 

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1vacation, personal leave or sick leave, with the exception of
2health care providers. "Compensation" with respect to health
3care providers is defined under the Illinois Public Aid Code,
4the Children's Health Insurance Act, or the Covering ALL KIDS
5Health Insurance Act.
6    Where applicable, in no event shall the total of the amount
7of deferred compensation of an employee set aside in relation
8to a particular year under the Illinois State Employees
9Deferred Compensation Plan and the employee's nondeferred
10compensation for that year exceed the total annual salary or
11compensation under the existing salary schedule or
12classification plan applicable to such employee in such year;
13except that any compensation received in a lump sum for
14accumulated unused vacation, personal leave or sick leave shall
15not be included in the calculation of such totals.
16(Source: P.A. 96-806, eff. 7-1-10.)
 
17    Section 8. The Podiatric Scholarship and Residency Act is
18amended by changing Sections 5 and 15 as follows:
 
19    (110 ILCS 978/5)
20    Sec. 5. Purposes. The purpose of this Act is to establish a
21program in the Illinois Department of Public Health to upgrade
22primary health care services for all citizens of the State by
23providing grants to podiatric medicine residency programs,
24scholarships to podiatry students, and a loan repayment program

 

 

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1for podiatric physicians podiatrists who will agree to practice
2in areas of the State demonstrating the greatest need for more
3professional medical care. The program shall encourage
4podiatric physicians to locate in areas where health manpower
5shortages exist and to increase the total number of podiatric
6physicians in the State. Minority students shall be given
7preference in selection for scholarships.
8(Source: P.A. 87-1195.)
 
9    (110 ILCS 978/15)
10    Sec. 15. Powers and duties. The Department shall have the
11following powers and duties:
12    (a) To allocate funds to podiatric practice residency
13programs according to the following priorities:
14        (1) to increase the number of podiatric physicians in
15    designated shortage areas;
16        (2) to increase the number of accredited podiatric
17    practice residencies within the State;
18        (3) to increase the percentage of podiatric practice
19    physicians establishing practice within the State upon
20    completion of residency; and
21        (4) to provide funds for rental of office space,
22    purchase of equipment, and other uses necessary to enable
23    podiatric physicians podiatrists to locate their practices
24    in communities located in designated shortage areas.
25    (b) To determine the procedures for the distribution of the

 

 

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1funds to podiatric practice residency programs, including the
2establishment of eligibility criteria in accordance with the
3following guidelines:
4        (1) preference for programs that are to be established
5    at locations which exhibit potential for extending
6    podiatric practice physician availability to designated
7    shortage areas;
8        (2) preference for programs that are located away from
9    communities in which medical schools are located; and
10        (3) preference for programs located in hospitals
11    having affiliation agreements with medical schools located
12    within the State.
13    (c) To establish a program of podiatry student scholarships
14and to award scholarships to eligible podiatry students.
15    (d) To determine criteria and standards of financial need
16in the awarding of scholarships under this Act.
17    (e) To receive and disburse any federal funds available for
18carrying out the purpose of this Act.
19    (f) To enter into contracts or agreements with any agency
20or department of the State of Illinois or the United States to
21carry out the provisions of this Act.
22    (g) To coordinate the podiatry residency grants program
23established under this Act with the program administered by the
24Illinois Board of Higher Education under the Health Services
25Education Grants Act.
26(Source: P.A. 87-1195.)
 

 

 

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1    Section 10. The Ambulatory Surgical Treatment Center Act is
2amended by changing Sections 3, 6, 6.5, 6.7, and 14 as follows:
 
3    (210 ILCS 5/3)  (from Ch. 111 1/2, par. 157-8.3)
4    Sec. 3. As used in this Act, unless the context otherwise
5requires, the following words and phrases shall have the
6meanings ascribed to them:
7    (A) "Ambulatory surgical treatment center" means any
8institution, place or building devoted primarily to the
9maintenance and operation of facilities for the performance of
10surgical procedures or any facility in which a medical or
11surgical procedure is utilized to terminate a pregnancy,
12irrespective of whether the facility is devoted primarily to
13this purpose. Such facility shall not provide beds or other
14accommodations for the overnight stay of patients; however,
15facilities devoted exclusively to the treatment of children may
16provide accommodations and beds for their patients for up to 23
17hours following admission. Individual patients shall be
18discharged in an ambulatory condition without danger to the
19continued well being of the patients or shall be transferred to
20a hospital.
21    The term "ambulatory surgical treatment center" does not
22include any of the following:
23        (1) Any institution, place, building or agency
24    required to be licensed pursuant to the "Hospital Licensing

 

 

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1    Act", approved July 1, 1953, as amended.
2        (2) Any person or institution required to be licensed
3    pursuant to the Nursing Home Care Act, the Specialized
4    Mental Health Rehabilitation Act, or the ID/DD Community
5    Care Act.
6        (3) Hospitals or ambulatory surgical treatment centers
7    maintained by the State or any department or agency
8    thereof, where such department or agency has authority
9    under law to establish and enforce standards for the
10    hospitals or ambulatory surgical treatment centers under
11    its management and control.
12        (4) Hospitals or ambulatory surgical treatment centers
13    maintained by the Federal Government or agencies thereof.
14        (5) Any place, agency, clinic, or practice, public or
15    private, whether organized for profit or not, devoted
16    exclusively to the performance of dental or oral surgical
17    procedures.
18    (B) "Person" means any individual, firm, partnership,
19corporation, company, association, or joint stock association,
20or the legal successor thereof.
21    (C) "Department" means the Department of Public Health of
22the State of Illinois.
23    (D) "Director" means the Director of the Department of
24Public Health of the State of Illinois.
25    (E) "Physician" means a person licensed to practice
26medicine in all of its branches in the State of Illinois.

 

 

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1    (F) "Dentist" means a person licensed to practice dentistry
2under the Illinois Dental Practice Act.
3    (G) "Podiatric physician" "Podiatrist" means a person
4licensed to practice podiatry under the Podiatric Medical
5Practice Act of 1987.
6(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
7eff. 1-1-12; 97-813, eff. 7-13-12.)
 
8    (210 ILCS 5/6)  (from Ch. 111 1/2, par. 157-8.6)
9    Sec. 6. Upon receipt of an application for a license, the
10Director may deny the application for any of the following
11reasons:
12        (1) Conviction of the applicant, or if the applicant is
13    a firm, partnership or association, of any of its members,
14    or if a corporation, of any of its officers or directors,
15    or of the person designated to manage or supervise the
16    facility, of a felony, or of 2 or more misdemeanors
17    involving moral turpitude, as shown by a certified copy of
18    the record of the court of conviction, or, in the case of
19    the conviction of a misdemeanor by a court not of record,
20    as shown by other evidence, if the Director determines,
21    after investigation, that such person has not been
22    sufficiently rehabilitated to warrant the public trust; or
23    other satisfactory evidence that the moral character of the
24    applicant, or manager, or supervisor of the facility is not
25    reputable;

 

 

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1        (2) The licensure status or record of the applicant, or
2    if the applicant is a firm, partnership or association, of
3    any of its members, or if a corporation, of any of its
4    officers or directors, or of the person designated to
5    manage or supervise the facility, from any other state
6    where the applicant has done business in a similar capacity
7    indicates that granting a license to the applicant would be
8    detrimental to the interests of the public; or
9        (3) The applicant has insufficient financial or other
10    resources to operate and conduct the facility in accordance
11    with the requirements of this Act and the minimum
12    standards, rules and regulations promulgated thereunder.
13    The Director shall only issue a license if he finds that
14the applicant facility complies with this Act and the rules,
15regulations and standards promulgated pursuant thereto and:
16        (a) is under the medical supervision of one or more
17    physicians;
18        (b) permits a surgical procedure to be performed only
19    by a physician, podiatric physician, podiatrist or dentist
20    who at the time is privileged to have his patients admitted
21    by himself or an associated physician and is himself
22    privileged to perform surgical procedures in at least one
23    Illinois hospital; and
24        (c) maintains adequate medical records for each
25    patient.
26    A license, unless sooner suspended or revoked, shall be

 

 

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1renewable annually upon approval by the Department and payment
2of a license fee of $300. Each license shall be issued only for
3the premises and persons named in the application and shall not
4be transferable or assignable. The licenses shall be posted in
5a conspicuous place on the licensed premises. A placard or
6registry of all physicians on staff in the facility shall be
7centrally located and available for inspection to any
8interested person. The Department may, either before or after
9the issuance of a license, request the cooperation of the State
10Fire Marshal. The report and recommendations of this agency
11shall be in writing and shall state with particularity its
12findings with respect to compliance or noncompliance with such
13minimum standards, rules and regulations.
14    The Director may issue a provisional license to any
15ambulatory surgical treatment center which does not
16substantially comply with the provisions of this Act and the
17standards, rules and regulations promulgated by virtue thereof
18provided that he finds that such ambulatory surgical treatment
19center will undertake changes and corrections which upon
20completion will render the ambulatory surgical treatment
21center in substantial compliance with the provisions of this
22Act, and the standards, rules and regulations adopted
23hereunder, and provided that the health and safety of the
24patients of the ambulatory surgical treatment center will be
25protected during the period for which such provisional license
26is issued. The Director shall advise the licensee of the

 

 

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1conditions under which such provisional license is issued,
2including the manner in which the facilities fail to comply
3with the provisions of the Act, standards, rules and
4regulations, and the time within which the changes and
5corrections necessary for such ambulatory surgical treatment
6center to substantially comply with this Act, and the
7standards, rules and regulations of the Department relating
8thereto shall be completed.
9    A person or facility not licensed under this Act or the
10Hospital Licensing Act shall not hold itself out to the public
11as a "surgery center" or as a "center for surgery".
12(Source: P.A. 88-490.)
 
13    (210 ILCS 5/6.5)
14    Sec. 6.5. Clinical privileges; advanced practice nurses.
15All ambulatory surgical treatment centers (ASTC) licensed
16under this Act shall comply with the following requirements:
17    (1) No ASTC policy, rule, regulation, or practice shall be
18inconsistent with the provision of adequate collaboration and
19consultation in accordance with Section 54.5 of the Medical
20Practice Act of 1987.
21    (2) Operative surgical procedures shall be performed only
22by a physician licensed to practice medicine in all its
23branches under the Medical Practice Act of 1987, a dentist
24licensed under the Illinois Dental Practice Act, or a podiatric
25physician podiatrist licensed under the Podiatric Medical

 

 

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1Practice Act of 1987, with medical staff membership and
2surgical clinical privileges granted by the consulting
3committee of the ASTC. A licensed physician, dentist, or
4podiatric physician podiatrist may be assisted by a physician
5licensed to practice medicine in all its branches, dentist,
6dental assistant, podiatric physician podiatrist, licensed
7advanced practice nurse, licensed physician assistant,
8licensed registered nurse, licensed practical nurse, surgical
9assistant, surgical technician, or other individuals granted
10clinical privileges to assist in surgery by the consulting
11committee of the ASTC. Payment for services rendered by an
12assistant in surgery who is not an ambulatory surgical
13treatment center employee shall be paid at the appropriate
14non-physician modifier rate if the payor would have made
15payment had the same services been provided by a physician.
16    (2.5) A registered nurse licensed under the Nurse Practice
17Act and qualified by training and experience in operating room
18nursing shall be present in the operating room and function as
19the circulating nurse during all invasive or operative
20procedures. For purposes of this paragraph (2.5), "circulating
21nurse" means a registered nurse who is responsible for
22coordinating all nursing care, patient safety needs, and the
23needs of the surgical team in the operating room during an
24invasive or operative procedure.
25    (3) An advanced practice nurse is not required to possess
26prescriptive authority or a written collaborative agreement

 

 

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1meeting the requirements of the Nurse Practice Act to provide
2advanced practice nursing services in an ambulatory surgical
3treatment center. An advanced practice nurse must possess
4clinical privileges granted by the consulting medical staff
5committee and ambulatory surgical treatment center in order to
6provide services. Individual advanced practice nurses may also
7be granted clinical privileges to order, select, and administer
8medications, including controlled substances, to provide
9delineated care. The attending physician must determine the
10advance practice nurse's role in providing care for his or her
11patients, except as otherwise provided in the consulting staff
12policies. The consulting medical staff committee shall
13periodically review the services of advanced practice nurses
14granted privileges.
15    (4) The anesthesia service shall be under the direction of
16a physician licensed to practice medicine in all its branches
17who has had specialized preparation or experience in the area
18or who has completed a residency in anesthesiology. An
19anesthesiologist, Board certified or Board eligible, is
20recommended. Anesthesia services may only be administered
21pursuant to the order of a physician licensed to practice
22medicine in all its branches, licensed dentist, or licensed
23podiatric physician podiatrist.
24        (A) The individuals who, with clinical privileges
25    granted by the medical staff and ASTC, may administer
26    anesthesia services are limited to the following:

 

 

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1            (i) an anesthesiologist; or
2            (ii) a physician licensed to practice medicine in
3        all its branches; or
4            (iii) a dentist with authority to administer
5        anesthesia under Section 8.1 of the Illinois Dental
6        Practice Act; or
7            (iv) a licensed certified registered nurse
8        anesthetist; or
9            (v) a podiatric physician podiatrist licensed
10        under the Podiatric Medical Practice Act of 1987.
11        (B) For anesthesia services, an anesthesiologist shall
12    participate through discussion of and agreement with the
13    anesthesia plan and shall remain physically present and be
14    available on the premises during the delivery of anesthesia
15    services for diagnosis, consultation, and treatment of
16    emergency medical conditions. In the absence of 24-hour
17    availability of anesthesiologists with clinical
18    privileges, an alternate policy (requiring participation,
19    presence, and availability of a physician licensed to
20    practice medicine in all its branches) shall be developed
21    by the medical staff consulting committee in consultation
22    with the anesthesia service and included in the medical
23    staff consulting committee policies.
24        (C) A certified registered nurse anesthetist is not
25    required to possess prescriptive authority or a written
26    collaborative agreement meeting the requirements of

 

 

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1    Section 65-35 of the Nurse Practice Act to provide
2    anesthesia services ordered by a licensed physician,
3    dentist, or podiatric physician podiatrist. Licensed
4    certified registered nurse anesthetists are authorized to
5    select, order, and administer drugs and apply the
6    appropriate medical devices in the provision of anesthesia
7    services under the anesthesia plan agreed with by the
8    anesthesiologist or, in the absence of an available
9    anesthesiologist with clinical privileges, agreed with by
10    the operating physician, operating dentist, or operating
11    podiatric physician podiatrist in accordance with the
12    medical staff consulting committee policies of a licensed
13    ambulatory surgical treatment center.
14(Source: P.A. 94-915, eff. 1-1-07; 95-639, eff. 10-5-07;
1595-911, eff. 8-26-08.)
 
16    (210 ILCS 5/6.7)
17    Sec. 6.7. Registered nurse administration of limited
18levels of sedation or analgesia.
19    (a) Nothing in this Act precludes a registered nurse from
20administering medications for the delivery of local or minimal
21sedation ordered by a physician licensed to practice medicine
22in all its branches, podiatric physician podiatrist, or
23dentist.
24    (b) If the ASTC policy allows the registered nurse to
25deliver moderate sedation ordered by a physician licensed to

 

 

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1practice medicine in all its branches, podiatric physician
2podiatrist, or dentist, the following are required:
3        (1) The registered nurse must be under the supervision
4    of a physician licensed to practice medicine in all its
5    branches, podiatric physician podiatrist, or dentist
6    during the delivery or monitoring of moderate sedation and
7    have no other responsibilities during the procedure.
8        (2) The registered nurse must maintain current
9    Advanced Cardiac Life Support certification or Pediatric
10    Advanced Life Support certification as appropriate to the
11    age of the patient.
12        (3) The supervising physician licensed to practice
13    medicine in all its branches, podiatric physician
14    podiatrist, or dentist must have training and experience in
15    delivering and monitoring moderate sedation and possess
16    clinical privileges at the ASTC to administer moderate
17    sedation or analgesia.
18        (4) The supervising physician licensed to practice
19    medicine in all its branches, podiatric physician
20    podiatrist, or dentist must remain physically present and
21    available on the premises during the delivery of moderate
22    sedation for diagnosis, consultation, and treatment of
23    emergency medical conditions.
24        (5) The supervising physician licensed to practice
25    medicine in all its branches, podiatric physician
26    podiatrist, or dentist must maintain current Advanced

 

 

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1    Cardiac Life Support certification or Pediatric Advanced
2    Life Support certification as appropriate to the age of the
3    patient.
4    (c) Local, minimal, and moderate sedation shall be defined
5by the Division of Professional Regulation of the Department of
6Financial and Professional Regulation. Registered nurses shall
7be limited to administering medications for moderate sedation
8at doses rapidly reversible pharmacologically as determined by
9rule by the Division of Professional Regulation of the
10Department of Financial and Professional Regulation.
11(Source: P.A. 94-861, eff. 6-16-06.)
 
12    (210 ILCS 5/14)  (from Ch. 111 1/2, par. 157-8.14)
13    Sec. 14. The Governor shall appoint an Ambulatory Surgical
14Treatment Center Licensing Board composed of 12 persons. Four
15members shall be practicing physicians; one member shall be a
16practicing podiatric physician podiatrist; one member shall be
17a dentist who has been licensed to perform oral surgery; one
18member shall be an Illinois registered professional nurse who
19is employed in an ambulatory surgical treatment center; one
20member shall be a person actively engaged in the supervision or
21administration of a health facility; and 4 members shall
22represent the general public and shall have no personal
23economic interest in any institution, place or building
24licensed pursuant to this Act. In making Board appointments,
25the Governor shall give consideration to recommendations made

 

 

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1through the Director by appropriate professional
2organizations.
3    Each member shall hold office for a term of 3 years and the
4terms of office of the members first taking office shall
5expire, as designated at the time of appointment, 3 at the end
6of the first year, 3 at the end of the second year, and 6 at the
7end of the third year, after the date of appointment. The term
8of office of each original appointee shall commence October 1,
91973; and the term of office of each successor shall commence
10on October 1 of the year in which his predecessor's term
11expires. Any member appointed to fill a vacancy occurring prior
12to the expiration of the term for which his predecessor was
13appointed shall be appointed for the remainder of such term.
14Board members, while serving on business of the Board shall
15receive actual and necessary travel and subsistence expenses
16while so serving away from their places of residence. The Board
17shall meet as frequently as the Director deems necessary, but
18not less than once a year. Upon request of 3 or more members,
19the Director shall call a meeting of the Board.
20    The Board shall advise and consult with the Department in
21the administration of this Act, provided that no rule shall be
22adopted by the Department concerning the operation of
23ambulatory surgical treatment centers licensed under this Act
24which has not had prior approval of the Ambulatory Surgical
25Treatment Center Licensing Board. The Department shall submit a
26final draft of all rules to the Board for review and approval.

 

 

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1The final draft rules shall be placed upon the agenda of a
2scheduled Board meeting which shall be called within 90 days of
3the submission of such rules. If the Board takes no action on
4the final draft rules within the 90-day period, the rules shall
5be considered approved and the Department may proceed with
6their promulgation in conformance with the Illinois
7Administrative Procedure Act. If the final draft rules are
8approved by virtue of the Board's failure to act, the
9Department shall afford any member of the Board 10 days within
10which to comment upon such rules. In the event of a rule
11promulgation without approval of the Board, the Department
12shall allow the Board an ex post facto opportunity to discuss
13such rule following its adoption.
14(Source: P.A. 86-1292.)
 
15    Section 15. The Illinois Clinical Laboratory and Blood Bank
16Act is amended by changing Sections 2-127, 7-101, 7-108, and
177-112 as follows:
 
18    (210 ILCS 25/2-127)  (from Ch. 111 1/2, par. 622-127)
19    Sec. 2-127. "Podiatric physician Podiatrist" means a
20person licensed in Illinois to practice podiatry.
21(Source: P.A. 87-1269.)
 
22    (210 ILCS 25/7-101)  (from Ch. 111 1/2, par. 627-101)
23    Sec. 7-101. Examination of specimens. A clinical

 

 

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1laboratory shall examine specimens only at the request of (i) a
2licensed physician, (ii) a licensed dentist, (iii) a licensed
3podiatric physician podiatrist, (iv) a therapeutic optometrist
4for diagnostic or therapeutic purposes related to the use of
5diagnostic topical or therapeutic ocular pharmaceutical
6agents, as defined in subsections (c) and (d) of Section 15.1
7of the Illinois Optometric Practice Act of 1987, (v) a licensed
8physician assistant in accordance with the written guidelines
9required under subdivision (3) of Section 4 and under Section
107.5 of the Physician Assistant Practice Act of 1987, (v-A) an
11advanced practice nurse in accordance with the written
12collaborative agreement required under Section 65-35 of the
13Nurse Practice Act, (vi) an authorized law enforcement agency
14or, in the case of blood alcohol, at the request of the
15individual for whom the test is to be performed in compliance
16with Sections 11-501 and 11-501.1 of the Illinois Vehicle Code,
17or (vii) a genetic counselor with the specific authority from a
18referral to order a test or tests pursuant to subsection (b) of
19Section 20 of the Genetic Counselor Licensing Act. If the
20request to a laboratory is oral, the physician or other
21authorized person shall submit a written request to the
22laboratory within 48 hours. If the laboratory does not receive
23the written request within that period, it shall note that fact
24in its records. For purposes of this Section, a request made by
25electronic mail or fax constitutes a written request.
26(Source: P.A. 96-1313, eff. 7-27-10; 97-333, eff. 8-12-11.)
 

 

 

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1    (210 ILCS 25/7-108)  (from Ch. 111 1/2, par. 627-108)
2    Sec. 7-108. Duties of blood banks. A blood bank shall:
3    (a) Collect, process, and provide for use blood or blood
4components from a blood donor only upon the consent of that
5donor and under the direction or delegated direction of the
6blood bank Medical Director.
7    (b) Transfuse blood or blood components upon the request of
8a physician licensed to practice medicine in all its branches,
9a dentist, or a podiatric physician podiatrist who is on the
10medical staff of a hospital and has permission from the medical
11staff to make such a request. If the request is oral, the
12physician or other authorized person shall submit a written
13request to the blood bank within 48 hours. If the blood bank
14does not receive the written request within that period, it
15shall note that fact in its records.
16(Source: P.A. 87-1269.)
 
17    (210 ILCS 25/7-112)  (from Ch. 111 1/2, par. 627-112)
18    Sec. 7-112. Blood from paid donor; transfusions. No blood
19initially acquired from a paid donor may be administered by
20transfusion in Illinois unless the physician licensed to
21practice medicine in all its branches, the dentist, or the
22podiatric physician podiatrist who is on the medical staff of a
23hospital and has permission from the medical staff to request a
24transfusion, who is in charge of the treatment of the patient

 

 

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1to whom the blood is to be administered, has directed that
2blood acquired from a paid donor be administered to that
3patient and has specified in the patient's medical record his
4reason for this action.
5    Blood acquired from a paid donor shall be transferred for
6transfusion purposes in this State only as expressly permitted
7by rules promulgated by the Illinois Department of Public
8Health.
9(Source: P.A. 87-1269.)
 
10    Section 20. The Abused and Neglected Long Term Care
11Facility Residents Reporting Act is amended by changing Section
124 as follows:
 
13    (210 ILCS 30/4)  (from Ch. 111 1/2, par. 4164)
14    Sec. 4. Any long term care facility administrator, agent or
15employee or any physician, hospital, surgeon, dentist,
16osteopath, chiropractor, podiatric physician podiatrist,
17accredited religious practitioner who provides treatment by
18spiritual means alone through prayer in accordance with the
19tenets and practices of the accrediting church, coroner, social
20worker, social services administrator, registered nurse, law
21enforcement officer, field personnel of the Department of
22Healthcare and Family Services, field personnel of the Illinois
23Department of Public Health and County or Municipal Health
24Departments, personnel of the Department of Human Services

 

 

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1(acting as the successor to the Department of Mental Health and
2Developmental Disabilities or the Department of Public Aid),
3personnel of the Guardianship and Advocacy Commission,
4personnel of the State Fire Marshal, local fire department
5inspectors or other personnel, or personnel of the Illinois
6Department on Aging, or its subsidiary Agencies on Aging, or
7employee of a facility licensed under the Assisted Living and
8Shared Housing Act, having reasonable cause to believe any
9resident with whom they have direct contact has been subjected
10to abuse or neglect shall immediately report or cause a report
11to be made to the Department. Persons required to make reports
12or cause reports to be made under this Section include all
13employees of the State of Illinois who are involved in
14providing services to residents, including professionals
15providing medical or rehabilitation services and all other
16persons having direct contact with residents; and further
17include all employees of community service agencies who provide
18services to a resident of a public or private long term care
19facility outside of that facility. Any long term care surveyor
20of the Illinois Department of Public Health who has reasonable
21cause to believe in the course of a survey that a resident has
22been abused or neglected and initiates an investigation while
23on site at the facility shall be exempt from making a report
24under this Section but the results of any such investigation
25shall be forwarded to the central register in a manner and form
26described by the Department.

 

 

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1    The requirement of this Act shall not relieve any long term
2care facility administrator, agent or employee of
3responsibility to report the abuse or neglect of a resident
4under Section 3-610 of the Nursing Home Care Act or under
5Section 3-610 of the ID/DD Community Care Act or under Section
63-610 of the Specialized Mental Health Rehabilitation Act.
7    In addition to the above persons required to report
8suspected resident abuse and neglect, any other person may make
9a report to the Department, or to any law enforcement officer,
10if such person has reasonable cause to suspect a resident has
11been abused or neglected.
12    This Section also applies to residents whose death occurs
13from suspected abuse or neglect before being found or brought
14to a hospital.
15    A person required to make reports or cause reports to be
16made under this Section who fails to comply with the
17requirements of this Section is guilty of a Class A
18misdemeanor.
19(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
20eff. 1-1-12; 97-813, eff. 7-13-12.)
 
21    Section 25. The Hospital Licensing Act is amended by
22changing Sections 10 and 10.7 as follows:
 
23    (210 ILCS 85/10)  (from Ch. 111 1/2, par. 151)
24    Sec. 10. Board creation; Department rules.

 

 

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1    (a) The Governor shall appoint a Hospital Licensing Board
2composed of 14 persons, which shall advise and consult with the
3Director in the administration of this Act. The Secretary of
4Human Services (or his or her designee) shall serve on the
5Board, along with one additional representative of the
6Department of Human Services to be designated by the Secretary.
7Four appointive members shall represent the general public and
82 of these shall be members of hospital governing boards; one
9appointive member shall be a registered professional nurse or
10advanced practice, nurse as defined in the Nurse Practice Act,
11who is employed in a hospital; 3 appointive members shall be
12hospital administrators actively engaged in the supervision or
13administration of hospitals; 2 appointive members shall be
14practicing physicians, licensed in Illinois to practice
15medicine in all of its branches; and one appointive member
16shall be a physician licensed to practice podiatric medicine
17under the Podiatric Medical Practice Act of 1987; and one
18appointive member shall be a dentist licensed to practice
19dentistry under the Illinois Dental Practice Act. In making
20Board appointments, the Governor shall give consideration to
21recommendations made through the Director by professional
22organizations concerned with hospital administration for the
23hospital administrative and governing board appointments,
24registered professional nurse organizations for the registered
25professional nurse appointment, professional medical
26organizations for the physician appointments, and professional

 

 

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1dental organizations for the dentist appointment.
2    (b) Each appointive member shall hold office for a term of
33 years, except that any member appointed to fill a vacancy
4occurring prior to the expiration of the term for which his
5predecessor was appointed shall be appointed for the remainder
6of such term and the terms of office of the members first
7taking office shall expire, as designated at the time of
8appointment, 2 at the end of the first year, 2 at the end of the
9second year, and 3 at the end of the third year, after the date
10of appointment. The initial terms of office of the 2 additional
11members representing the general public provided for in this
12Section shall expire at the end of the third year after the
13date of appointment. The term of office of each original
14appointee shall commence July 1, 1953; the term of office of
15the original registered professional nurse appointee shall
16commence July 1, 1969; the term of office of the original
17licensed podiatric physician podiatrist appointee shall
18commence July 1, 1981; the term of office of the original
19dentist appointee shall commence July 1, 1987; and the term of
20office of each successor shall commence on July 1 of the year
21in which his predecessor's term expires. Board members, while
22serving on business of the Board, shall receive actual and
23necessary travel and subsistence expenses while so serving away
24from their places of residence. The Board shall meet as
25frequently as the Director deems necessary, but not less than
26once a year. Upon request of 5 or more members, the Director

 

 

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1shall call a meeting of the Board.
2    (c) The Director shall prescribe rules, regulations,
3standards, and statements of policy needed to implement,
4interpret, or make specific the provisions and purposes of this
5Act. The Department shall adopt rules which set forth standards
6for determining when the public interest, safety or welfare
7requires emergency action in relation to termination of a
8research program or experimental procedure conducted by a
9hospital licensed under this Act. No rule, regulation, or
10standard shall be adopted by the Department concerning the
11operation of hospitals licensed under this Act which has not
12had prior approval of the Hospital Licensing Board, nor shall
13the Department adopt any rule, regulation or standard relating
14to the establishment of a hospital without consultation with
15the Hospital Licensing Board.
16    (d) Within one year after the effective date of this
17amendatory Act of 1984, all hospitals licensed under this Act
18and providing perinatal care shall comply with standards of
19perinatal care promulgated by the Department. The Director
20shall promulgate rules or regulations under this Act which are
21consistent with "An Act relating to the prevention of
22developmental disabilities", approved September 6, 1973, as
23amended.
24(Source: P.A. 95-639, eff. 10-5-07.)
 
25    (210 ILCS 85/10.7)

 

 

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1    Sec. 10.7. Clinical privileges; advanced practice nurses.
2All hospitals licensed under this Act shall comply with the
3following requirements:
4    (1) No hospital policy, rule, regulation, or practice shall
5be inconsistent with the provision of adequate collaboration
6and consultation in accordance with Section 54.5 of the Medical
7Practice Act of 1987.
8    (2) Operative surgical procedures shall be performed only
9by a physician licensed to practice medicine in all its
10branches under the Medical Practice Act of 1987, a dentist
11licensed under the Illinois Dental Practice Act, or a podiatric
12physician podiatrist licensed under the Podiatric Medical
13Practice Act of 1987, with medical staff membership and
14surgical clinical privileges granted at the hospital. A
15licensed physician, dentist, or podiatric physician podiatrist
16may be assisted by a physician licensed to practice medicine in
17all its branches, dentist, dental assistant, podiatric
18physician podiatrist, licensed advanced practice nurse,
19licensed physician assistant, licensed registered nurse,
20licensed practical nurse, surgical assistant, surgical
21technician, or other individuals granted clinical privileges
22to assist in surgery at the hospital. Payment for services
23rendered by an assistant in surgery who is not a hospital
24employee shall be paid at the appropriate non-physician
25modifier rate if the payor would have made payment had the same
26services been provided by a physician.

 

 

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1    (2.5) A registered nurse licensed under the Nurse Practice
2Act and qualified by training and experience in operating room
3nursing shall be present in the operating room and function as
4the circulating nurse during all invasive or operative
5procedures. For purposes of this paragraph (2.5), "circulating
6nurse" means a registered nurse who is responsible for
7coordinating all nursing care, patient safety needs, and the
8needs of the surgical team in the operating room during an
9invasive or operative procedure.
10    (3) An advanced practice nurse is not required to possess
11prescriptive authority or a written collaborative agreement
12meeting the requirements of the Nurse Practice Act to provide
13advanced practice nursing services in a hospital. An advanced
14practice nurse must possess clinical privileges recommended by
15the medical staff and granted by the hospital in order to
16provide services. Individual advanced practice nurses may also
17be granted clinical privileges to order, select, and administer
18medications, including controlled substances, to provide
19delineated care. The attending physician must determine the
20advance practice nurse's role in providing care for his or her
21patients, except as otherwise provided in medical staff bylaws.
22The medical staff shall periodically review the services of
23advanced practice nurses granted privileges. This review shall
24be conducted in accordance with item (2) of subsection (a) of
25Section 10.8 of this Act for advanced practice nurses employed
26by the hospital.

 

 

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1    (4) The anesthesia service shall be under the direction of
2a physician licensed to practice medicine in all its branches
3who has had specialized preparation or experience in the area
4or who has completed a residency in anesthesiology. An
5anesthesiologist, Board certified or Board eligible, is
6recommended. Anesthesia services may only be administered
7pursuant to the order of a physician licensed to practice
8medicine in all its branches, licensed dentist, or licensed
9podiatric physician podiatrist.
10        (A) The individuals who, with clinical privileges
11    granted at the hospital, may administer anesthesia
12    services are limited to the following:
13            (i) an anesthesiologist; or
14            (ii) a physician licensed to practice medicine in
15        all its branches; or
16            (iii) a dentist with authority to administer
17        anesthesia under Section 8.1 of the Illinois Dental
18        Practice Act; or
19            (iv) a licensed certified registered nurse
20        anesthetist; or
21            (v) a podiatric physician podiatrist licensed
22        under the Podiatric Medical Practice Act of 1987.
23        (B) For anesthesia services, an anesthesiologist shall
24    participate through discussion of and agreement with the
25    anesthesia plan and shall remain physically present and be
26    available on the premises during the delivery of anesthesia

 

 

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1    services for diagnosis, consultation, and treatment of
2    emergency medical conditions. In the absence of 24-hour
3    availability of anesthesiologists with medical staff
4    privileges, an alternate policy (requiring participation,
5    presence, and availability of a physician licensed to
6    practice medicine in all its branches) shall be developed
7    by the medical staff and licensed hospital in consultation
8    with the anesthesia service.
9        (C) A certified registered nurse anesthetist is not
10    required to possess prescriptive authority or a written
11    collaborative agreement meeting the requirements of
12    Section 65-35 of the Nurse Practice Act to provide
13    anesthesia services ordered by a licensed physician,
14    dentist, or podiatric physician podiatrist. Licensed
15    certified registered nurse anesthetists are authorized to
16    select, order, and administer drugs and apply the
17    appropriate medical devices in the provision of anesthesia
18    services under the anesthesia plan agreed with by the
19    anesthesiologist or, in the absence of an available
20    anesthesiologist with clinical privileges, agreed with by
21    the operating physician, operating dentist, or operating
22    podiatric physician podiatrist in accordance with the
23    hospital's alternative policy.
24(Source: P.A. 94-915, eff. 1-1-07; 95-639, eff. 10-5-07;
2595-911, eff. 8-26-08.)
 

 

 

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1    Section 30. The Voluntary Health Services Plans Act is
2amended by changing Sections 2, 7, and 17 as follows:
 
3    (215 ILCS 165/2)  (from Ch. 32, par. 596)
4    Sec. 2. For the purposes of this Act, the following terms
5have the respective meanings set forth in this section, unless
6different meanings are plainly indicated by the context:
7    (a) "Health Services Plan Corporation" means a corporation
8organized under the terms of this Act for the purpose of
9establishing and operating a voluntary health services plan and
10providing other medically related services.
11    (b) "Voluntary health services plan" means either a plan or
12system under which medical, hospital, nursing and relating
13health services may be rendered to a subscriber or beneficiary
14at the expense of a health services plan corporation, or any
15contractual arrangement to provide, either directly or through
16arrangements with others, dental care services to subscribers
17and beneficiaries.
18    (c) "Subscriber" means a natural person to whom a
19subscription certificate has been issued by a health services
20plan corporation. Persons eligible under Section 5-2 of the
21Illinois Public Aid Code may be subscribers if a written
22agreement exists, as specified in Section 25 of this Act,
23between the Health Services Plan Corporation and the Department
24of Healthcare and Family Services. A subscription certificate
25may be issued to such persons at no cost.

 

 

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1    (d) "Beneficiary" means a person designated in a
2subscription certificate as one entitled to receive health
3services.
4    (e) "Health services" means those services ordinarily
5rendered by physicians licensed in Illinois to practice
6medicine in all of its branches, by podiatric physicians
7podiatrists licensed in Illinois to practice podiatric
8medicine, by dentists and dental surgeons licensed to practice
9in Illinois, by nurses registered in Illinois, by dental
10hygienists licensed to practice in Illinois, and by assistants
11and technicians acting under professional supervision; it
12likewise means hospital services as usually and customarily
13rendered in Illinois, and the compounding and dispensing of
14drugs and medicines by pharmacists and assistant pharmacists
15registered in Illinois.
16    (f) "Subscription certificate" means a certificate issued
17to a subscriber by a health services plan corporation, setting
18forth the terms and conditions upon which health services shall
19be rendered to a subscriber or a beneficiary.
20    (g) "Physician rendering service for a plan" means a
21physician licensed in Illinois to practice medicine in all of
22its branches who has undertaken or agreed, upon terms and
23conditions acceptable both to himself and to the health
24services plan corporation involved, to furnish medical service
25to the plan's subscribers and beneficiaries.
26    (h) "Dentist or dental surgeon rendering service for a

 

 

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1plan" means a dentist or dental surgeon licensed in Illinois to
2practice dentistry or dental surgery who has undertaken or
3agreed, upon terms and conditions acceptable both to himself
4and to the health services plan corporation involved, to
5furnish dental or dental surgical services to the plan's
6subscribers and beneficiaries.
7    (i) "Director" means the Director of Insurance of the State
8of Illinois.
9    (j) "Person" means any of the following: a natural person,
10corporation, partnership or unincorporated association.
11    (k) "Podiatric physician "Podiatrist or podiatric surgeon
12rendering service for a plan" means any podiatric physician
13podiatrist or podiatric surgeon licensed in Illinois to
14practice podiatry, who has undertaken or agreed, upon terms and
15conditions acceptable both to himself and to the health
16services plan corporation involved, to furnish podiatric or
17podiatric surgical services to the plan's subscribers and
18beneficiaries.
19(Source: P.A. 95-331, eff. 8-21-07.)
 
20    (215 ILCS 165/7)  (from Ch. 32, par. 601)
21    Sec. 7. Every physician licensed in Illinois to practice
22medicine in all of its branches, every podiatric physician
23podiatrist licensed to practice podiatric medicine in
24Illinois, and every dentist and dental surgeon licensed to
25practice in Illinois may be eligible to render medical,

 

 

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1podiatric or dental services respectively, upon such terms and
2conditions as may be mutually acceptable to such physician,
3podiatric physician podiatrist, dentist or dental surgeon and
4to the health services plan corporation involved. Such a
5corporation shall impose no restrictions on the physicians,
6podiatric physicians podiatrists, dentists or dental surgeons
7who treat its subscribers as to methods of diagnosis or
8treatment. The private physician-patient relationship shall be
9maintained, and subscribers shall at all times have free choice
10of any physician, podiatric physician podiatrist, dentist or
11dental surgeon who is rendering service on behalf of the
12corporation. All of the records, charts, files and other data
13of a health services plan corporation pertaining to the
14condition of health of its subscribers and beneficiaries shall
15be and remain confidential, and no disclosure of the contents
16thereof shall be made by the corporation to any person, except
17upon the prior written authorization of the particular
18subscriber or beneficiary concerned.
19(Source: P.A. 81-1456.)
 
20    (215 ILCS 165/17)  (from Ch. 32, par. 611)
21    Sec. 17. A health services plan corporation may enter into
22agreements with qualified physicians, podiatric physicians
23podiatrists, dentists, dental surgeons, pharmacists,
24hospitals, nurses, registered optometrists, dental hygienists
25and assistants or technicians acting under professional

 

 

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1supervision, and with other organizations, state and Federal
2agencies, and corporations in the field of voluntary health
3care.
4(Source: P.A. 81-1456.)
 
5    Section 35. The Illinois Athletic Trainers Practice Act is
6amended by changing Section 16 as follows:
 
7    (225 ILCS 5/16)  (from Ch. 111, par. 7616)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 16. Refusal to issue, suspension, or revocation of
10license. The Department may refuse to issue or renew, or may
11revoke, suspend, place on probation, reprimand, or take other
12disciplinary action as the Department may deem proper,
13including fines not to exceed $5,000 for each violation, with
14regard to any licensee for any one or combination of the
15following:
16        (A) Material misstatement in furnishing information to
17    the Department;
18        (B) Negligent or intentional disregard of this Act, or
19    of the rules or regulations promulgated hereunder;
20        (C) Conviction of any crime under the laws of the
21    United States or any state or territory thereof that is (i)
22    a felony, (ii) a misdemeanor, an essential element of which
23    is dishonesty, or (iii) of any crime that is directly
24    related to the practice of the profession;

 

 

HB1388 Enrolled- 36 -LRB098 07103 MGM 37164 b

1        (D) Making any misrepresentation for the purpose of
2    obtaining registration, or violating any provision of this
3    Act;
4        (E) Professional incompetence;
5        (F) Malpractice;
6        (G) Aiding or assisting another person in violating any
7    provision of this Act or rules;
8        (H) Failing, within 60 days, to provide information in
9    response to a written request made by the Department;
10        (I) Engaging in dishonorable, unethical, or
11    unprofessional conduct of a character likely to deceive,
12    defraud or harm the public;
13        (J) Habitual intoxication or addiction to the use of
14    drugs;
15        (K) Discipline by another state, District of Columbia,
16    territory, or foreign nation, if at least one of the
17    grounds for the discipline is the same or substantially
18    equivalent to those set forth herein;
19        (L) Directly or indirectly giving to or receiving from
20    any person, firm, corporation, partnership, or association
21    any fee, commission, rebate, or other form of compensation
22    for any professional services not actually or personally
23    rendered. Nothing in this subparagraph (L) affects any bona
24    fide independent contractor or employment arrangements
25    among health care professionals, health facilities, health
26    care providers, or other entities, except as otherwise

 

 

HB1388 Enrolled- 37 -LRB098 07103 MGM 37164 b

1    prohibited by law. Any employment arrangements may include
2    provisions for compensation, health insurance, pension, or
3    other employment benefits for the provision of services
4    within the scope of the licensee's practice under this Act.
5    Nothing in this subparagraph (L) shall be construed to
6    require an employment arrangement to receive professional
7    fees for services rendered;
8        (M) A finding that the licensee after having his or her
9    license placed on probationary status has violated the
10    terms of probation;
11        (N) Abandonment of an athlete;
12        (O) Willfully making or filing false records or reports
13    in his or her practice, including but not limited to false
14    records filed with State agencies or departments;
15        (P) Willfully failing to report an instance of
16    suspected child abuse or neglect as required by the Abused
17    and Neglected Child Reporting Act;
18        (Q) Physical illness, including but not limited to
19    deterioration through the aging process, or loss of motor
20    skill that results in the inability to practice the
21    profession with reasonable judgment, skill, or safety;
22        (R) Solicitation of professional services other than
23    by permitted institutional policy;
24        (S) The use of any words, abbreviations, figures or
25    letters with the intention of indicating practice as an
26    athletic trainer without a valid license as an athletic

 

 

HB1388 Enrolled- 38 -LRB098 07103 MGM 37164 b

1    trainer under this Act;
2        (T) The evaluation or treatment of ailments of human
3    beings other than by the practice of athletic training as
4    defined in this Act or the treatment of injuries of
5    athletes by a licensed athletic trainer except by the
6    referral of a physician, podiatric physician podiatrist,
7    or dentist;
8        (U) Willfully violating or knowingly assisting in the
9    violation of any law of this State relating to the use of
10    habit-forming drugs;
11        (V) Willfully violating or knowingly assisting in the
12    violation of any law of this State relating to the practice
13    of abortion;
14        (W) Continued practice by a person knowingly having an
15    infectious communicable or contagious disease;
16        (X) Being named as a perpetrator in an indicated report
17    by the Department of Children and Family Services pursuant
18    to the Abused and Neglected Child Reporting Act and upon
19    proof by clear and convincing evidence that the licensee
20    has caused a child to be an abused child or neglected child
21    as defined in the Abused and Neglected Child Reporting Act;
22        (Y) Failure to file a return, or to pay the tax,
23    penalty, or interest shown in a filed return, or to pay any
24    final assessment of tax, penalty, or interest, as required
25    by any tax Act administered by the Illinois Department of
26    Revenue, until such time as the requirements of any such

 

 

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1    tax Act are satisfied; or
2        (Z) Failure to fulfill continuing education
3    requirements as prescribed in Section 10 of this Act.
4    The determination by a circuit court that a licensee is
5subject to involuntary admission or judicial admission as
6provided in the Mental Health and Developmental Disabilities
7Code operates as an automatic suspension. Such suspension will
8end only upon a finding by a court that the athletic trainer is
9no longer subject to involuntary admission or judicial
10admission and issues an order so finding and discharging the
11athlete; and upon the recommendation of the Board to the
12Director that the licensee be allowed to resume his or her
13practice.
14(Source: P.A. 96-1482, eff. 11-29-10.)
 
15    Section 36. The Health Care Worker Self-Referral Act is
16amended by changing Section 15 as follows:
 
17    (225 ILCS 47/15)
18    Sec. 15. Definitions. In this Act:
19    (a) "Board" means the Health Facilities and Services Review
20Board.
21    (b) "Entity" means any individual, partnership, firm,
22corporation, or other business that provides health services
23but does not include an individual who is a health care worker
24who provides professional services to an individual.

 

 

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1    (c) "Group practice" means a group of 2 or more health care
2workers legally organized as a partnership, professional
3corporation, not-for-profit corporation, faculty practice plan
4or a similar association in which:
5        (1) each health care worker who is a member or employee
6    or an independent contractor of the group provides
7    substantially the full range of services that the health
8    care worker routinely provides, including consultation,
9    diagnosis, or treatment, through the use of office space,
10    facilities, equipment, or personnel of the group;
11        (2) the services of the health care workers are
12    provided through the group, and payments received for
13    health services are treated as receipts of the group; and
14        (3) the overhead expenses and the income from the
15    practice are distributed by methods previously determined
16    by the group.
17    (d) "Health care worker" means any individual licensed
18under the laws of this State to provide health services,
19including but not limited to: dentists licensed under the
20Illinois Dental Practice Act; dental hygienists licensed under
21the Illinois Dental Practice Act; nurses and advanced practice
22nurses licensed under the Nurse Practice Act; occupational
23therapists licensed under the Illinois Occupational Therapy
24Practice Act; optometrists licensed under the Illinois
25Optometric Practice Act of 1987; pharmacists licensed under the
26Pharmacy Practice Act; physical therapists licensed under the

 

 

HB1388 Enrolled- 41 -LRB098 07103 MGM 37164 b

1Illinois Physical Therapy Act; physicians licensed under the
2Medical Practice Act of 1987; physician assistants licensed
3under the Physician Assistant Practice Act of 1987; podiatric
4physicians podiatrists licensed under the Podiatric Medical
5Practice Act of 1987; clinical psychologists licensed under the
6Clinical Psychologist Licensing Act; clinical social workers
7licensed under the Clinical Social Work and Social Work
8Practice Act; speech-language pathologists and audiologists
9licensed under the Illinois Speech-Language Pathology and
10Audiology Practice Act; or hearing instrument dispensers
11licensed under the Hearing Instrument Consumer Protection Act,
12or any of their successor Acts.
13    (e) "Health services" means health care procedures and
14services provided by or through a health care worker.
15    (f) "Immediate family member" means a health care worker's
16spouse, child, child's spouse, or a parent.
17    (g) "Investment interest" means an equity or debt security
18issued by an entity, including, without limitation, shares of
19stock in a corporation, units or other interests in a
20partnership, bonds, debentures, notes, or other equity
21interests or debt instruments except that investment interest
22for purposes of Section 20 does not include interest in a
23hospital licensed under the laws of the State of Illinois.
24    (h) "Investor" means an individual or entity directly or
25indirectly owning a legal or beneficial ownership or investment
26interest, (such as through an immediate family member, trust,

 

 

HB1388 Enrolled- 42 -LRB098 07103 MGM 37164 b

1or another entity related to the investor).
2    (i) "Office practice" includes the facility or facilities
3at which a health care worker, on an ongoing basis, provides or
4supervises the provision of professional health services to
5individuals.
6    (j) "Referral" means any referral of a patient for health
7services, including, without limitation:
8        (1) The forwarding of a patient by one health care
9    worker to another health care worker or to an entity
10    outside the health care worker's office practice or group
11    practice that provides health services.
12        (2) The request or establishment by a health care
13    worker of a plan of care outside the health care worker's
14    office practice or group practice that includes the
15    provision of any health services.
16(Source: P.A. 95-639, eff. 10-5-07; 95-689, eff. 10-29-07;
1795-876, eff. 8-21-08; 96-31, eff. 6-30-09.)
 
18    Section 38. The Home Medical Equipment and Services
19Provider License Act is amended by changing Section 15 as
20follows:
 
21    (225 ILCS 51/15)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 15. Licensure requirement; exempt activities.
24    (a) No entity shall provide home medical equipment and

 

 

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1services, or use the title "home medical equipment and services
2provider" in connection with his or her profession or business,
3without a license issued by the Department under this Act.
4    (b) Nothing in this Act shall be construed as preventing or
5restricting the practices, services, or activities of the
6following, unless those practices, services, or activities
7include providing home medical equipment and services through a
8separate legal entity:
9        (1) a person licensed or registered in this State by
10    any other law engaging in the profession or occupation for
11    which he or she is licensed or registered;
12        (2) a home medical services provider entity that is
13    accredited under home care standards by a recognized
14    accrediting body;
15        (3) home health agencies that do not have a Part B
16    Medicare supplier number or that do not engage in the
17    provision of home medical equipment and services;
18        (4) hospitals, excluding hospital-owned and
19    hospital-related providers of home medical equipment and
20    services;
21        (5) manufacturers and wholesale distributors of home
22    medical equipment who do not sell directly to a patient;
23        (6) health care practitioners who lawfully prescribe
24    or order home medical equipment and services, or who use
25    home medical equipment and services to treat their
26    patients, including but not limited to physicians, nurses,

 

 

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1    physical therapists, respiratory therapists, occupational
2    therapists, speech-language pathologists, optometrists,
3    chiropractors, and podiatric physicians podiatrists;
4        (7) pharmacists, pharmacies, and home infusion
5    pharmacies that are not engaged in the sale or rental of
6    home medical equipment and services;
7        (8) hospice programs that do not involve the sale or
8    rental of home medical equipment and services;
9        (9) nursing homes;
10        (10) veterinarians;
11        (11) dentists; and
12        (12) emergency medical service providers.
13(Source: P.A. 90-532, eff. 11-14-97.)
 
14    Section 39. The Massage Licensing Act is amended by
15changing Section 25 as follows:
 
16    (225 ILCS 57/25)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 25. Exemptions.
19    (a) This Act does not prohibit a person licensed under any
20other Act in this State from engaging in the practice for which
21he or she is licensed.
22    (b) Persons exempted under this Section include, but are
23not limited to, physicians, podiatric physicians podiatrists,
24naprapaths, and physical therapists.

 

 

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1    (c) Nothing in this Act prohibits qualified members of
2other professional groups, including but not limited to nurses,
3occupational therapists, cosmetologists, and estheticians,
4from performing massage in a manner consistent with their
5training and the code of ethics of their respective
6professions.
7    (d) Nothing in this Act prohibits a student of an approved
8massage school or program from performing massage, provided
9that the student does not hold himself or herself out as a
10licensed massage therapist and does not receive compensation,
11including tips, for massage therapy services.
12    (e) Nothing in this Act prohibits practitioners that do not
13involve intentional soft tissue manipulation, including but
14not limited to Alexander Technique, Feldenkrais, Reike, and
15Therapeutic Touch, from practicing.
16    (f) Practitioners of certain service marked bodywork
17approaches that do involve intentional soft tissue
18manipulation, including but not limited to Rolfing, Trager
19Approach, Polarity Therapy, and Orthobionomy, are exempt from
20this Act if they are approved by their governing body based on
21a minimum level of training, demonstration of competency, and
22adherence to ethical standards.
23    (g) Practitioners of Asian bodywork approaches are exempt
24from this Act if they are members of the American Organization
25of Bodywork Therapies of Asia as certified practitioners or if
26they are approved by an Asian bodywork organization based on a

 

 

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1minimum level of training, demonstration of competency, and
2adherence to ethical standards set by their governing body.
3    (h) Practitioners of other forms of bodywork who restrict
4manipulation of soft tissue to the feet, hands, and ears, and
5who do not have the client disrobe, such as reflexology, are
6exempt from this Act.
7    (i) Nothing in this Act applies to massage therapists from
8other states or countries when providing educational programs
9or services for a period not exceeding 30 days within a
10calendar year.
11    (j) Nothing in this Act prohibits a person from treating
12ailments by spiritual means through prayer alone in accordance
13with the tenets and practices of a recognized church or
14religious denomination.
15    (k) Nothing in this Act applies to the practice of massage
16therapy by a person either actively licensed as a massage
17therapist in another state or currently certified by the
18National Certification Board of Therapeutic Massage and
19Bodywork or other national certifying body if said person's
20state does not license massage therapists, if he or she is
21performing his or her duties for a non-Illinois based team or
22organization, or for a national athletic event held in this
23State, so long as he or she restricts his or her practice to
24his or her team or organization or to event participants during
25the course of his or her team's or organization's stay in this
26State or for the duration of the event.

 

 

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1(Source: P.A. 96-7, eff. 4-3-09; 97-514, eff. 8-23-11.)
 
2    Section 40. The Naprapathic Practice Act is amended by
3changing Sections 10, 15, and 110 as follows:
 
4    (225 ILCS 63/10)
5    (Section scheduled to be repealed on January 1, 2023)
6    Sec. 10. Definitions. In this Act:
7    "Address of record" means the designated address recorded
8by the Department in the applicant's or licensee's application
9file or license file as maintained by the Department's
10licensure maintenance unit. It is the duty of the applicant or
11licensee to inform the Department of any change of address and
12those changes must be made either through the Department's
13website or by contacting the Department.
14    "Naprapath" means a person who practices Naprapathy and who
15has met all requirements as provided in the Act.
16    "Department" means the Department of Financial and
17Professional Regulation.
18    "Secretary" means the Secretary of the Department of
19Financial and Professional Regulation.
20    "Referral" means the following of guidance or direction to
21the naprapath given by the licensed physician, dentist, or
22podiatric physician podiatrist who maintains supervision of
23the patient.
24    "Documented current and relevant diagnosis" means a

 

 

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1diagnosis, substantiated by signature or oral verification of a
2licensed physician, dentist, or podiatric physician
3podiatrist, that a patient's condition is such that it may be
4treated by naprapathy as defined in this Act, which diagnosis
5shall remain in effect until changed by the licensed physician,
6dentist, or podiatric physician podiatrist.
7(Source: P.A. 97-778, eff. 7-13-12.)
 
8    (225 ILCS 63/15)
9    (Section scheduled to be repealed on January 1, 2023)
10    Sec. 15. Practice of naprapathy defined; referrals.
11Naprapathic practice means the evaluation of persons with
12connective tissue disorders through the use of naprapathic case
13history and palpation or treatment of persons by the use of
14connective tissue manipulation, therapeutic and rehabilitative
15exercise, postural counseling, nutritional counseling, and the
16use of the effective properties of physical measures of heat,
17cold, light, water, radiant energy, electricity, sound and air,
18and assistive devices for the purpose of preventing,
19correcting, or alleviating a physical disability.
20    Naprapathic practice includes, but is not limited to, the
21treatment of contractures, muscle spasms, inflammation, scar
22tissue formation, adhesions, lesions, laxity, hypotonicity,
23rigidity, structural imbalance, bruising, contusions, muscular
24atrophy, and partial separation of connective tissue fibers.
25    Naprapathic practice also includes: (a) performance of

 

 

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1specialized tests and measurements, (b) administration of
2specialized treatment procedures, (c) interpretation of
3referrals from licensed physicians, dentists, and podiatric
4physicians podiatrists, (d) establishment and modification of
5naprapathic treatment programs, and (e) supervision or
6teaching of naprapathy.
7    Naprapathic practice does not include radiology, surgery,
8pharmacology, invasive diagnostic testing, or determination of
9a differential diagnosis; provided, however, the limitation on
10determining a differential diagnosis shall not in any manner
11limit a naprapath licensed under this Act from performing an
12evaluation authorized under this Act. A naprapath licensed
13under this Act who is not also licensed as a physical therapist
14under the Illinois Physical Therapy Act shall not hold himself
15or herself out as qualified to provide physical therapy or
16physiotherapy services. Nothing in this Section shall limit a
17naprapath from employing appropriate naprapathic techniques
18that he or she is educated and licensed to perform. A naprapath
19shall refer to a licensed physician, dentist, or podiatric
20physician podiatrist any patient whose medical condition
21should, at the time of evaluation or treatment, be determined
22to be beyond the scope of practice of the naprapath.
23(Source: P.A. 87-1231.)
 
24    (225 ILCS 63/110)
25    (Section scheduled to be repealed on January 1, 2023)

 

 

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1    Sec. 110. Grounds for disciplinary action; refusal,
2revocation, suspension.
3    (a) The Department may refuse to issue or to renew, or may
4revoke, suspend, place on probation, reprimand or take other
5disciplinary or non-disciplinary action as the Department may
6deem appropriate, including imposing fines not to exceed
7$10,000 for each violation, with regard to any licensee or
8license for any one or combination of the following causes:
9        (1) Violations of this Act or of rules adopted under
10    this Act.
11        (2) Material misstatement in furnishing information to
12    the Department.
13        (3) Conviction by plea of guilty or nolo contendere,
14    finding of guilt, jury verdict, or entry of judgment, or by
15    sentencing of any crime, including, but not limited to,
16    convictions, preceding sentences of supervision,
17    conditional discharge, or first offender probation, under
18    the laws of any jurisdiction of the United States: (i) that
19    is a felony or (ii) that is a misdemeanor, an essential
20    element of which is dishonesty, or that is directly related
21    to the practice of the profession.
22        (4) Fraud or any misrepresentation in applying for or
23    procuring a license under this Act or in connection with
24    applying for renewal of a license under this Act.
25        (5) Professional incompetence or gross negligence.
26        (6) Malpractice.

 

 

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1        (7) Aiding or assisting another person in violating any
2    provision of this Act or its rules.
3        (8) Failing to provide information within 60 days in
4    response to a written request made by the Department.
5        (9) Engaging in dishonorable, unethical, or
6    unprofessional conduct of a character likely to deceive,
7    defraud, or harm the public.
8        (10) Habitual or excessive use or abuse of drugs
9    defined in law as controlled substances, alcohol, or any
10    other substance which results in the inability to practice
11    with reasonable judgment, skill, or safety.
12        (11) Discipline by another U.S. jurisdiction or
13    foreign nation if at least one of the grounds for the
14    discipline is the same or substantially equivalent to those
15    set forth in this Act.
16        (12) Directly or indirectly giving to or receiving from
17    any person, firm, corporation, partnership, or association
18    any fee, commission, rebate, or other form of compensation
19    for any professional services not actually or personally
20    rendered. This shall not be deemed to include rent or other
21    remunerations paid to an individual, partnership, or
22    corporation by a naprapath for the lease, rental, or use of
23    space, owned or controlled by the individual, partnership,
24    corporation, or association. Nothing in this paragraph
25    (12) affects any bona fide independent contractor or
26    employment arrangements among health care professionals,

 

 

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1    health facilities, health care providers, or other
2    entities, except as otherwise prohibited by law. Any
3    employment arrangements may include provisions for
4    compensation, health insurance, pension, or other
5    employment benefits for the provision of services within
6    the scope of the licensee's practice under this Act.
7    Nothing in this paragraph (12) shall be construed to
8    require an employment arrangement to receive professional
9    fees for services rendered.
10        (13) Using the title "Doctor" or its abbreviation
11    without further clarifying that title or abbreviation with
12    the word "naprapath" or "naprapathy" or the designation
13    "D.N.".
14        (14) A finding by the Department that the licensee,
15    after having his or her license placed on probationary
16    status, has violated the terms of probation.
17        (15) Abandonment of a patient without cause.
18        (16) Willfully making or filing false records or
19    reports relating to a licensee's practice, including but
20    not limited to, false records filed with State agencies or
21    departments.
22        (17) Willfully failing to report an instance of
23    suspected child abuse or neglect as required by the Abused
24    and Neglected Child Reporting Act.
25        (18) Physical or mental illness or disability,
26    including, but not limited to, deterioration through the

 

 

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1    aging process or loss of motor skill that results in the
2    inability to practice the profession with reasonable
3    judgment, skill, or safety.
4        (19) Solicitation of professional services by means
5    other than permitted advertising.
6        (20) Failure to provide a patient with a copy of his or
7    her record upon the written request of the patient.
8        (21) Cheating on or attempting to subvert the licensing
9    examination administered under this Act.
10        (22) Allowing one's license under this Act to be used
11    by an unlicensed person in violation of this Act.
12        (23) (Blank).
13        (24) Being named as a perpetrator in an indicated
14    report by the Department of Children and Family Services
15    under the Abused and Neglected Child Reporting Act and upon
16    proof by clear and convincing evidence that the licensee
17    has caused a child to be an abused child or a neglected
18    child as defined in the Abused and Neglected Child
19    Reporting Act.
20        (25) Practicing under a false or, except as provided by
21    law, an assumed name.
22        (26) Immoral conduct in the commission of any act, such
23    as sexual abuse, sexual misconduct, or sexual
24    exploitation, related to the licensee's practice.
25        (27) Maintaining a professional relationship with any
26    person, firm, or corporation when the naprapath knows, or

 

 

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1    should know, that the person, firm, or corporation is
2    violating this Act.
3        (28) Promotion of the sale of food supplements,
4    devices, appliances, or goods provided for a client or
5    patient in such manner as to exploit the patient or client
6    for financial gain of the licensee.
7        (29) Having treated ailments of human beings other than
8    by the practice of naprapathy as defined in this Act, or
9    having treated ailments of human beings as a licensed
10    naprapath independent of a documented referral or
11    documented current and relevant diagnosis from a
12    physician, dentist, or podiatric physician podiatrist, or
13    having failed to notify the physician, dentist, or
14    podiatric physician podiatrist who established a
15    documented current and relevant diagnosis that the patient
16    is receiving naprapathic treatment pursuant to that
17    diagnosis.
18        (30) Use by a registered naprapath of the word
19    "infirmary", "hospital", "school", "university", in
20    English or any other language, in connection with the place
21    where naprapathy may be practiced or demonstrated.
22        (31) Continuance of a naprapath in the employ of any
23    person, firm, or corporation, or as an assistant to any
24    naprapath or naprapaths, directly or indirectly, after his
25    or her employer or superior has been found guilty of
26    violating or has been enjoined from violating the laws of

 

 

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1    the State of Illinois relating to the practice of
2    naprapathy when the employer or superior persists in that
3    violation.
4        (32) The performance of naprapathic service in
5    conjunction with a scheme or plan with another person,
6    firm, or corporation known to be advertising in a manner
7    contrary to this Act or otherwise violating the laws of the
8    State of Illinois concerning the practice of naprapathy.
9        (33) Failure to provide satisfactory proof of having
10    participated in approved continuing education programs as
11    determined by and approved by the Secretary. Exceptions for
12    extreme hardships are to be defined by the rules of the
13    Department.
14        (34) (Blank).
15        (35) Gross or willful overcharging for professional
16    services.
17        (36) (Blank).
18    All fines imposed under this Section shall be paid within
1960 days after the effective date of the order imposing the
20fine.
21    (b) The Department may refuse to issue or may suspend
22without hearing, as provided for in the Department of
23Professional Regulation Law of the Civil Administrative Code,
24the license of any person who fails to file a return, or pay
25the tax, penalty, or interest shown in a filed return, or pay
26any final assessment of the tax, penalty, or interest as

 

 

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1required by any tax Act administered by the Illinois Department
2of Revenue, until such time as the requirements of any such tax
3Act are satisfied in accordance with subsection (g) of Section
42105-15 of the Department of Professional Regulation Law of the
5Civil Administrative Code of Illinois.
6    (c) The Department shall deny a license or renewal
7authorized by this Act to a person who has defaulted on an
8educational loan or scholarship provided or guaranteed by the
9Illinois Student Assistance Commission or any governmental
10agency of this State in accordance with item (5) of subsection
11(a) of Section 2105-15 of the Department of Professional
12Regulation Law of the Civil Administrative Code of Illinois.
13    (d) In cases where the Department of Healthcare and Family
14Services has previously determined a licensee or a potential
15licensee is more than 30 days delinquent in the payment of
16child support and has subsequently certified the delinquency to
17the Department, the Department may refuse to issue or renew or
18may revoke or suspend that person's license or may take other
19disciplinary action against that person based solely upon the
20certification of delinquency made by the Department of
21Healthcare and Family Services in accordance with item (5) of
22subsection (a) of Section 2105-15 of the Department of
23Professional Regulation Law of the Civil Administrative Code of
24Illinois.
25    (e) The determination by a circuit court that a licensee is
26subject to involuntary admission or judicial admission, as

 

 

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1provided in the Mental Health and Developmental Development
2Disabilities Code, operates as an automatic suspension. The
3suspension shall end only upon a finding by a court that the
4patient is no longer subject to involuntary admission or
5judicial admission and the issuance of an order so finding and
6discharging the patient.
7    (f) In enforcing this Act, the Department, upon a showing
8of a possible violation, may compel an individual licensed to
9practice under this Act, or who has applied for licensure under
10this Act, to submit to a mental or physical examination and
11evaluation, or both, which may include a substance abuse or
12sexual offender evaluation, as required by and at the expense
13of the Department. The Department shall specifically designate
14the examining physician licensed to practice medicine in all of
15its branches or, if applicable, the multidisciplinary team
16involved in providing the mental or physical examination and
17evaluation, or both. The multidisciplinary team shall be led by
18a physician licensed to practice medicine in all of its
19branches and may consist of one or more or a combination of
20physicians licensed to practice medicine in all of its
21branches, licensed chiropractic physicians, licensed clinical
22psychologists, licensed clinical social workers, licensed
23clinical professional counselors, and other professional and
24administrative staff. Any examining physician or member of the
25multidisciplinary team may require any person ordered to submit
26to an examination and evaluation pursuant to this Section to

 

 

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1submit to any additional supplemental testing deemed necessary
2to complete any examination or evaluation process, including,
3but not limited to, blood testing, urinalysis, psychological
4testing, or neuropsychological testing.
5    The Department may order the examining physician or any
6member of the multidisciplinary team to provide to the
7Department any and all records including business records that
8relate to the examination and evaluation, including any
9supplemental testing performed. The Department may order the
10examining physician or any member of the multidisciplinary team
11to present testimony concerning the examination and evaluation
12of the licensee or applicant, including testimony concerning
13any supplemental testing or documents in any way related to the
14examination and evaluation. No information, report, record, or
15other documents in any way related to the examination and
16evaluation shall be excluded by reason of any common law or
17statutory privilege relating to communications between the
18licensee or applicant and the examining physician or any member
19of the multidisciplinary team. No authorization is necessary
20from the licensee or applicant ordered to undergo an evaluation
21and examination for the examining physician or any member of
22the multidisciplinary team to provide information, reports,
23records, or other documents or to provide any testimony
24regarding the examination and evaluation. The individual to be
25examined may have, at his or her own expense, another physician
26of his or her choice present during all aspects of this

 

 

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1examination. Failure of an individual to submit to a mental or
2physical examination and evaluation, or both, when directed,
3shall result in an automatic suspension without hearing, until
4such time as the individual submits to the examination.
5    A person holding a license under this Act or who has
6applied for a license under this Act who, because of a physical
7or mental illness or disability, including, but not limited to,
8deterioration through the aging process or loss of motor skill,
9is unable to practice the profession with reasonable judgment,
10skill, or safety, may be required by the Department to submit
11to care, counseling, or treatment by physicians approved or
12designated by the Department as a condition, term, or
13restriction for continued, reinstated, or renewed licensure to
14practice. Submission to care, counseling, or treatment as
15required by the Department shall not be considered discipline
16of a license. If the licensee refuses to enter into a care,
17counseling, or treatment agreement or fails to abide by the
18terms of the agreement, the Department may file a complaint to
19revoke, suspend, or otherwise discipline the license of the
20individual. The Secretary may order the license suspended
21immediately, pending a hearing by the Department. Fines shall
22not be assessed in disciplinary actions involving physical or
23mental illness or impairment.
24    In instances in which the Secretary immediately suspends a
25person's license under this Section, a hearing on that person's
26license must be convened by the Department within 15 days after

 

 

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1the suspension and completed without appreciable delay. The
2Department shall have the authority to review the subject
3individual's record of treatment and counseling regarding the
4impairment to the extent permitted by applicable federal
5statutes and regulations safeguarding the confidentiality of
6medical records.
7    An individual licensed under this Act and affected under
8this Section shall be afforded an opportunity to demonstrate to
9the Department that he or she can resume practice in compliance
10with acceptable and prevailing standards under the provisions
11of his or her license.
12(Source: P.A. 96-1482, eff. 11-29-10; 97-778, eff. 7-13-12;
13revised 8-3-12.)
 
14    Section 45. The Nurse Practice Act is amended by changing
15Sections 50-10, 50-15, 55-30, 65-35, 65-40, 65-45, 65-55, and
1670-5 as follows:
 
17    (225 ILCS 65/50-10)   (was 225 ILCS 65/5-10)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 50-10. Definitions. Each of the following terms, when
20used in this Act, shall have the meaning ascribed to it in this
21Section, except where the context clearly indicates otherwise:
22    "Academic year" means the customary annual schedule of
23courses at a college, university, or approved school,
24customarily regarded as the school year as distinguished from

 

 

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1the calendar year.
2    "Advanced practice nurse" or "APN" means a person who has
3met the qualifications for a (i) certified nurse midwife (CNM);
4(ii) certified nurse practitioner (CNP); (iii) certified
5registered nurse anesthetist (CRNA); or (iv) clinical nurse
6specialist (CNS) and has been licensed by the Department. All
7advanced practice nurses licensed and practicing in the State
8of Illinois shall use the title APN and may use specialty
9credentials after their name.
10    "Approved program of professional nursing education" and
11"approved program of practical nursing education" are programs
12of professional or practical nursing, respectively, approved
13by the Department under the provisions of this Act.
14    "Board" means the Board of Nursing appointed by the
15Secretary.
16    "Collaboration" means a process involving 2 or more health
17care professionals working together, each contributing one's
18respective area of expertise to provide more comprehensive
19patient care.
20    "Consultation" means the process whereby an advanced
21practice nurse seeks the advice or opinion of another health
22care professional.
23    "Credentialed" means the process of assessing and
24validating the qualifications of a health care professional.
25    "Current nursing practice update course" means a planned
26nursing education curriculum approved by the Department

 

 

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1consisting of activities that have educational objectives,
2instructional methods, content or subject matter, clinical
3practice, and evaluation methods, related to basic review and
4updating content and specifically planned for those nurses
5previously licensed in the United States or its territories and
6preparing for reentry into nursing practice.
7    "Dentist" means a person licensed to practice dentistry
8under the Illinois Dental Practice Act.
9    "Department" means the Department of Financial and
10Professional Regulation.
11    "Impaired nurse" means a nurse licensed under this Act who
12is unable to practice with reasonable skill and safety because
13of a physical or mental disability as evidenced by a written
14determination or written consent based on clinical evidence,
15including loss of motor skills, abuse of drugs or alcohol, or a
16psychiatric disorder, of sufficient degree to diminish his or
17her ability to deliver competent patient care.
18    "License-pending advanced practice nurse" means a
19registered professional nurse who has completed all
20requirements for licensure as an advanced practice nurse except
21the certification examination and has applied to take the next
22available certification exam and received a temporary license
23from the Department.
24    "License-pending registered nurse" means a person who has
25passed the Department-approved registered nurse licensure exam
26and has applied for a license from the Department. A

 

 

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1license-pending registered nurse shall use the title "RN lic
2pend" on all documentation related to nursing practice.
3    "Physician" means a person licensed to practice medicine in
4all its branches under the Medical Practice Act of 1987.
5    "Podiatric physician" "Podiatrist" means a person licensed
6to practice podiatry under the Podiatric Medical Practice Act
7of 1987.
8    "Practical nurse" or "licensed practical nurse" means a
9person who is licensed as a practical nurse under this Act and
10practices practical nursing as defined in this Act. Only a
11practical nurse licensed under this Act is entitled to use the
12title "licensed practical nurse" and the abbreviation
13"L.P.N.".
14    "Practical nursing" means the performance of nursing acts
15requiring the basic nursing knowledge, judgement, and skill
16acquired by means of completion of an approved practical
17nursing education program. Practical nursing includes
18assisting in the nursing process as delegated by a registered
19professional nurse or an advanced practice nurse. The practical
20nurse may work under the direction of a licensed physician,
21dentist, podiatric physician podiatrist, or other health care
22professional determined by the Department.
23    "Privileged" means the authorization granted by the
24governing body of a healthcare facility, agency, or
25organization to provide specific patient care services within
26well-defined limits, based on qualifications reviewed in the

 

 

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1credentialing process.
2    "Registered Nurse" or "Registered Professional Nurse"
3means a person who is licensed as a professional nurse under
4this Act and practices nursing as defined in this Act. Only a
5registered nurse licensed under this Act is entitled to use the
6titles "registered nurse" and "registered professional nurse"
7and the abbreviation, "R.N.".
8    "Registered professional nursing practice" is a scientific
9process founded on a professional body of knowledge; it is a
10learned profession based on the understanding of the human
11condition across the life span and environment and includes all
12nursing specialties and means the performance of any nursing
13act based upon professional knowledge, judgment, and skills
14acquired by means of completion of an approved professional
15nursing education program. A registered professional nurse
16provides holistic nursing care through the nursing process to
17individuals, groups, families, or communities, that includes
18but is not limited to: (1) the assessment of healthcare needs,
19nursing diagnosis, planning, implementation, and nursing
20evaluation; (2) the promotion, maintenance, and restoration of
21health; (3) counseling, patient education, health education,
22and patient advocacy; (4) the administration of medications and
23treatments as prescribed by a physician licensed to practice
24medicine in all of its branches, a licensed dentist, a licensed
25podiatric physician podiatrist, or a licensed optometrist or as
26prescribed by a physician assistant in accordance with written

 

 

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1guidelines required under the Physician Assistant Practice Act
2of 1987 or by an advanced practice nurse in accordance with
3Article 65 of this Act; (5) the coordination and management of
4the nursing plan of care; (6) the delegation to and supervision
5of individuals who assist the registered professional nurse
6implementing the plan of care; and (7) teaching nursing
7students. The foregoing shall not be deemed to include those
8acts of medical diagnosis or prescription of therapeutic or
9corrective measures.
10    "Professional assistance program for nurses" means a
11professional assistance program that meets criteria
12established by the Board of Nursing and approved by the
13Secretary, which provides a non-disciplinary treatment
14approach for nurses licensed under this Act whose ability to
15practice is compromised by alcohol or chemical substance
16addiction.
17    "Secretary" means the Secretary of Financial and
18Professional Regulation.
19    "Unencumbered license" means a license issued in good
20standing.
21    "Written collaborative agreement" means a written
22agreement between an advanced practice nurse and a
23collaborating physician, dentist, or podiatric physician
24podiatrist pursuant to Section 65-35.
25(Source: P.A. 97-813, eff. 7-13-12.)
 

 

 

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1    (225 ILCS 65/50-15)   (was 225 ILCS 65/5-15)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 50-15. Policy; application of Act.
4    (a) For the protection of life and the promotion of health,
5and the prevention of illness and communicable diseases, any
6person practicing or offering to practice advanced,
7professional, or practical nursing in Illinois shall submit
8evidence that he or she is qualified to practice, and shall be
9licensed as provided under this Act. No person shall practice
10or offer to practice advanced, professional, or practical
11nursing in Illinois or use any title, sign, card or device to
12indicate that such a person is practicing professional or
13practical nursing unless such person has been licensed under
14the provisions of this Act.
15    (b) This Act does not prohibit the following:
16        (1) The practice of nursing in Federal employment in
17    the discharge of the employee's duties by a person who is
18    employed by the United States government or any bureau,
19    division or agency thereof and is a legally qualified and
20    licensed nurse of another state or territory and not in
21    conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
22    this Act.
23        (2) Nursing that is included in the program of study by
24    students enrolled in programs of nursing or in current
25    nurse practice update courses approved by the Department.
26        (3) The furnishing of nursing assistance in an

 

 

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1    emergency.
2        (4) The practice of nursing by a nurse who holds an
3    active license in another state when providing services to
4    patients in Illinois during a bonafide emergency or in
5    immediate preparation for or during interstate transit.
6        (5) The incidental care of the sick by members of the
7    family, domestic servants or housekeepers, or care of the
8    sick where treatment is by prayer or spiritual means.
9        (6) Persons from being employed as unlicensed
10    assistive personnel in private homes, long term care
11    facilities, nurseries, hospitals or other institutions.
12        (7) The practice of practical nursing by one who is a
13    licensed practical nurse under the laws of another U.S.
14    jurisdiction and has applied in writing to the Department,
15    in form and substance satisfactory to the Department, for a
16    license as a licensed practical nurse and who is qualified
17    to receive such license under this Act, until (i) the
18    expiration of 6 months after the filing of such written
19    application, (ii) the withdrawal of such application, or
20    (iii) the denial of such application by the Department.
21        (8) The practice of advanced practice nursing by one
22    who is an advanced practice nurse under the laws of another
23    state, territory of the United States, or country and has
24    applied in writing to the Department, in form and substance
25    satisfactory to the Department, for a license as an
26    advanced practice nurse and who is qualified to receive

 

 

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1    such license under this Act, until (i) the expiration of 6
2    months after the filing of such written application, (ii)
3    the withdrawal of such application, or (iii) the denial of
4    such application by the Department.
5        (9) The practice of professional nursing by one who is
6    a registered professional nurse under the laws of another
7    state, territory of the United States or country and has
8    applied in writing to the Department, in form and substance
9    satisfactory to the Department, for a license as a
10    registered professional nurse and who is qualified to
11    receive such license under Section 55-10, until (1) the
12    expiration of 6 months after the filing of such written
13    application, (2) the withdrawal of such application, or (3)
14    the denial of such application by the Department.
15        (10) The practice of professional nursing that is
16    included in a program of study by one who is a registered
17    professional nurse under the laws of another state or
18    territory of the United States or foreign country,
19    territory or province and who is enrolled in a graduate
20    nursing education program or a program for the completion
21    of a baccalaureate nursing degree in this State, which
22    includes clinical supervision by faculty as determined by
23    the educational institution offering the program and the
24    health care organization where the practice of nursing
25    occurs.
26        (11) Any person licensed in this State under any other

 

 

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1    Act from engaging in the practice for which she or he is
2    licensed.
3        (12) Delegation to authorized direct care staff
4    trained under Section 15.4 of the Mental Health and
5    Developmental Disabilities Administrative Act consistent
6    with the policies of the Department.
7        (13) The practice, services, or activities of persons
8    practicing the specified occupations set forth in
9    subsection (a) of, and pursuant to a licensing exemption
10    granted in subsection (b) or (d) of, Section 2105-350 of
11    the Department of Professional Regulation Law of the Civil
12    Administrative Code of Illinois, but only for so long as
13    the 2016 Olympic and Paralympic Games Professional
14    Licensure Exemption Law is operable.
15        (14) County correctional personnel from delivering
16    prepackaged medication for self-administration to an
17    individual detainee in a correctional facility.
18    Nothing in this Act shall be construed to limit the
19delegation of tasks or duties by a physician, dentist, or
20podiatric physician podiatrist to a licensed practical nurse, a
21registered professional nurse, or other persons.
22(Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08; 96-7,
23eff. 4-3-09; 96-516, eff. 8-14-09; 96-1000, eff. 7-2-10.)
 
24    (225 ILCS 65/55-30)
25    (Section scheduled to be repealed on January 1, 2018)

 

 

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1    Sec. 55-30. LPN scope of practice.
2    (a) Practice as a licensed practical nurse means a scope of
3basic nursing practice, with or without compensation, as
4delegated by a registered professional nurse or an advanced
5practice nurse or as directed by a physician assistant,
6physician, dentist, or podiatric physician podiatrist, and
7includes, but is not limited to, all of the following:
8        (1) Collecting data and collaborating in the
9    assessment of the health status of a patient.
10        (2) Collaborating in the development and modification
11    of the registered professional nurse's or advanced
12    practice nurse's comprehensive nursing plan of care for all
13    types of patients.
14        (3) Implementing aspects of the plan of care as
15    delegated.
16        (4) Participating in health teaching and counseling to
17    promote, attain, and maintain the optimum health level of
18    patients, as delegated.
19        (5) Serving as an advocate for the patient by
20    communicating and collaborating with other health service
21    personnel, as delegated.
22        (6) Participating in the evaluation of patient
23    responses to interventions.
24        (7) Communicating and collaborating with other health
25    care professionals as delegated.
26        (8) Providing input into the development of policies

 

 

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1    and procedures to support patient safety.
2(Source: P.A. 95-639, eff. 10-5-07.)
 
3    (225 ILCS 65/65-35)   (was 225 ILCS 65/15-15)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 65-35. Written collaborative agreements.
6    (a) A written collaborative agreement is required for all
7advanced practice nurses engaged in clinical practice, except
8for advanced practice nurses who are authorized to practice in
9a hospital or ambulatory surgical treatment center.
10    (a-5) If an advanced practice nurse engages in clinical
11practice outside of a hospital or ambulatory surgical treatment
12center in which he or she is authorized to practice, the
13advanced practice nurse must have a written collaborative
14agreement.
15    (b) A written collaborative agreement shall describe the
16working relationship of the advanced practice nurse with the
17collaborating physician or podiatric physician podiatrist and
18shall authorize the categories of care, treatment, or
19procedures to be performed by the advanced practice nurse. A
20collaborative agreement with a dentist must be in accordance
21with subsection (c-10) of this Section. Collaboration does not
22require an employment relationship between the collaborating
23physician and advanced practice nurse. Absent an employment
24relationship, an agreement may not restrict the categories of
25patients or third-party payment sources accepted by the

 

 

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1advanced practice nurse. Collaboration means the relationship
2under which an advanced practice nurse works with a
3collaborating physician or podiatric physician podiatrist in
4an active clinical practice to deliver health care services in
5accordance with (i) the advanced practice nurse's training,
6education, and experience and (ii) collaboration and
7consultation as documented in a jointly developed written
8collaborative agreement.
9    The agreement shall promote the exercise of professional
10judgment by the advanced practice nurse commensurate with his
11or her education and experience. The services to be provided by
12the advanced practice nurse shall be services that the
13collaborating physician or podiatric physician podiatrist is
14authorized to and generally provides to his or her patients in
15the normal course of his or her clinical medical practice,
16except as set forth in subsection (c-5) of this Section. The
17agreement need not describe the exact steps that an advanced
18practice nurse must take with respect to each specific
19condition, disease, or symptom but must specify which
20authorized procedures require the presence of the
21collaborating physician or podiatric physician podiatrist as
22the procedures are being performed. The collaborative
23relationship under an agreement shall not be construed to
24require the personal presence of a physician or podiatric
25physician podiatrist at the place where services are rendered.
26Methods of communication shall be available for consultation

 

 

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1with the collaborating physician or podiatric physician
2podiatrist in person or by telecommunications in accordance
3with established written guidelines as set forth in the written
4agreement.
5    (c) Collaboration and consultation under all collaboration
6agreements shall be adequate if a collaborating physician or
7podiatric physician podiatrist does each of the following:
8        (1) Participates in the joint formulation and joint
9    approval of orders or guidelines with the advanced practice
10    nurse and he or she periodically reviews such orders and
11    the services provided patients under such orders in
12    accordance with accepted standards of medical practice or
13    podiatric practice and advanced practice nursing practice.
14        (2) Provides collaboration and consultation with the
15    advanced practice nurse at least once a month. In the case
16    of anesthesia services provided by a certified registered
17    nurse anesthetist, an anesthesiologist, physician,
18    dentist, or podiatric physician podiatrist must
19    participate through discussion of and agreement with the
20    anesthesia plan and remain physically present and
21    available on the premises during the delivery of anesthesia
22    services for diagnosis, consultation, and treatment of
23    emergency medical conditions.
24        (3) Is available through telecommunications for
25    consultation on medical problems, complications, or
26    emergencies or patient referral. In the case of anesthesia

 

 

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1    services provided by a certified registered nurse
2    anesthetist, an anesthesiologist, physician, dentist, or
3    podiatric physician podiatrist must participate through
4    discussion of and agreement with the anesthesia plan and
5    remain physically present and available on the premises
6    during the delivery of anesthesia services for diagnosis,
7    consultation, and treatment of emergency medical
8    conditions.
9    The agreement must contain provisions detailing notice for
10termination or change of status involving a written
11collaborative agreement, except when such notice is given for
12just cause.
13    (c-5) A certified registered nurse anesthetist, who
14provides anesthesia services outside of a hospital or
15ambulatory surgical treatment center shall enter into a written
16collaborative agreement with an anesthesiologist or the
17physician licensed to practice medicine in all its branches or
18the podiatric physician podiatrist performing the procedure.
19Outside of a hospital or ambulatory surgical treatment center,
20the certified registered nurse anesthetist may provide only
21those services that the collaborating podiatric physician
22podiatrist is authorized to provide pursuant to the Podiatric
23Medical Practice Act of 1987 and rules adopted thereunder. A
24certified registered nurse anesthetist may select, order, and
25administer medication, including controlled substances, and
26apply appropriate medical devices for delivery of anesthesia

 

 

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1services under the anesthesia plan agreed with by the
2anesthesiologist or the operating physician or operating
3podiatric physician podiatrist.
4    (c-10) A certified registered nurse anesthetist who
5provides anesthesia services in a dental office shall enter
6into a written collaborative agreement with an
7anesthesiologist or the physician licensed to practice
8medicine in all its branches or the operating dentist
9performing the procedure. The agreement shall describe the
10working relationship of the certified registered nurse
11anesthetist and dentist and shall authorize the categories of
12care, treatment, or procedures to be performed by the certified
13registered nurse anesthetist. In a collaborating dentist's
14office, the certified registered nurse anesthetist may only
15provide those services that the operating dentist with the
16appropriate permit is authorized to provide pursuant to the
17Illinois Dental Practice Act and rules adopted thereunder. For
18anesthesia services, an anesthesiologist, physician, or
19operating dentist shall participate through discussion of and
20agreement with the anesthesia plan and shall remain physically
21present and be available on the premises during the delivery of
22anesthesia services for diagnosis, consultation, and treatment
23of emergency medical conditions. A certified registered nurse
24anesthetist may select, order, and administer medication,
25including controlled substances, and apply appropriate medical
26devices for delivery of anesthesia services under the

 

 

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1anesthesia plan agreed with by the operating dentist.
2    (d) A copy of the signed, written collaborative agreement
3must be available to the Department upon request from both the
4advanced practice nurse and the collaborating physician or
5podiatric physician podiatrist.
6    (e) Nothing in this Act shall be construed to limit the
7delegation of tasks or duties by a physician to a licensed
8practical nurse, a registered professional nurse, or other
9persons in accordance with Section 54.2 of the Medical Practice
10Act of 1987. Nothing in this Act shall be construed to limit
11the method of delegation that may be authorized by any means,
12including, but not limited to, oral, written, electronic,
13standing orders, protocols, guidelines, or verbal orders.
14    (f) An advanced practice nurse shall inform each
15collaborating physician, dentist, or podiatric physician
16podiatrist of all collaborative agreements he or she has signed
17and provide a copy of these to any collaborating physician,
18dentist, or podiatric physician podiatrist upon request.
19    (g) For the purposes of this Act, "generally provides to
20his or her patients in the normal course of his or her clinical
21medical practice" means services, not specific tasks or duties,
22the physician or podiatric physician podiatrist routinely
23provides individually or through delegation to other persons so
24that the physician or podiatric physician podiatrist has the
25experience and ability to provide collaboration and
26consultation.

 

 

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1(Source: P.A. 96-618, eff. 1-1-10; 97-358, eff. 8-12-11.)
 
2    (225 ILCS 65/65-40)   (was 225 ILCS 65/15-20)
3    (Section scheduled to be repealed on January 1, 2018)
4    Sec. 65-40. Written collaborative agreement; prescriptive
5authority.
6    (a) A collaborating physician or podiatric physician
7podiatrist may, but is not required to, delegate prescriptive
8authority to an advanced practice nurse as part of a written
9collaborative agreement. This authority may, but is not
10required to, include prescription of, selection of, orders for,
11administration of, storage of, acceptance of samples of, and
12dispensing over the counter medications, legend drugs, medical
13gases, and controlled substances categorized as any Schedule
14III through V controlled substances, as defined in Article II
15of the Illinois Controlled Substances Act, and other
16preparations, including, but not limited to, botanical and
17herbal remedies. The collaborating physician or podiatric
18physician podiatrist must have a valid current Illinois
19controlled substance license and federal registration to
20delegate authority to prescribe delegated controlled
21substances.
22    (b) To prescribe controlled substances under this Section,
23an advanced practice nurse must obtain a mid-level practitioner
24controlled substance license. Medication orders shall be
25reviewed periodically by the collaborating physician or

 

 

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1podiatric physician podiatrist.
2    (c) The collaborating physician or podiatric physician
3podiatrist shall file with the Department notice of delegation
4of prescriptive authority and termination of such delegation,
5in accordance with rules of the Department. Upon receipt of
6this notice delegating authority to prescribe any Schedule III
7through V controlled substances, the licensed advanced
8practice nurse shall be eligible to register for a mid-level
9practitioner controlled substance license under Section 303.05
10of the Illinois Controlled Substances Act.
11    (d) In addition to the requirements of subsections (a),
12(b), and (c) of this Section, a collaborating physician or
13podiatric physician podiatrist may, but is not required to,
14delegate authority to an advanced practice nurse to prescribe
15any Schedule II controlled substances, if all of the following
16conditions apply:
17        (1) Specific Schedule II controlled substances by oral
18    dosage or topical or transdermal application may be
19    delegated, provided that the delegated Schedule II
20    controlled substances are routinely prescribed by the
21    collaborating physician or podiatric physician podiatrist.
22    This delegation must identify the specific Schedule II
23    controlled substances by either brand name or generic name.
24    Schedule II controlled substances to be delivered by
25    injection or other route of administration may not be
26    delegated.

 

 

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1        (2) Any delegation must be controlled substances that
2    the collaborating physician or podiatric physician
3    podiatrist prescribes.
4        (3) Any prescription must be limited to no more than a
5    30-day supply, with any continuation authorized only after
6    prior approval of the collaborating physician or podiatric
7    physician podiatrist.
8        (4) The advanced practice nurse must discuss the
9    condition of any patients for whom a controlled substance
10    is prescribed monthly with the delegating physician.
11        (5) The advanced practice nurse meets the education
12    requirements of Section 303.05 of the Illinois Controlled
13    Substances Act.
14    (e) Nothing in this Act shall be construed to limit the
15delegation of tasks or duties by a physician to a licensed
16practical nurse, a registered professional nurse, or other
17persons. Nothing in this Act shall be construed to limit the
18method of delegation that may be authorized by any means,
19including, but not limited to, oral, written, electronic,
20standing orders, protocols, guidelines, or verbal orders.
21    (f) Nothing in this Section shall be construed to apply to
22any medication authority including Schedule II controlled
23substances of an advanced practice nurse for care provided in a
24hospital, hospital affiliate, or ambulatory surgical treatment
25center pursuant to Section 65-45.
26    (g) Any advanced practice nurse who writes a prescription

 

 

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1for a controlled substance without having a valid appropriate
2authority may be fined by the Department not more than $50 per
3prescription, and the Department may take any other
4disciplinary action provided for in this Act.
5    (h) Nothing in this Section shall be construed to prohibit
6generic substitution.
7(Source: P.A. 96-189, eff. 8-10-09; 97-358, eff. 8-12-11.)
 
8    (225 ILCS 65/65-45)   (was 225 ILCS 65/15-25)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 65-45. Advanced practice nursing in hospitals,
11hospital affiliates, or ambulatory surgical treatment centers.
12    (a) An advanced practice nurse may provide services in a
13hospital or a hospital affiliate as those terms are defined in
14the Hospital Licensing Act or the University of Illinois
15Hospital Act or a licensed ambulatory surgical treatment center
16without a written collaborative agreement pursuant to Section
1765-35 of this Act. An advanced practice nurse must possess
18clinical privileges recommended by the hospital medical staff
19and granted by the hospital or the consulting medical staff
20committee and ambulatory surgical treatment center in order to
21provide services. The medical staff or consulting medical staff
22committee shall periodically review the services of advanced
23practice nurses granted clinical privileges, including any
24care provided in a hospital affiliate. Authority may also be
25granted when recommended by the hospital medical staff and

 

 

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1granted by the hospital or recommended by the consulting
2medical staff committee and ambulatory surgical treatment
3center to individual advanced practice nurses to select, order,
4and administer medications, including controlled substances,
5to provide delineated care. In a hospital, hospital affiliate,
6or ambulatory surgical treatment center, the attending
7physician shall determine an advanced practice nurse's role in
8providing care for his or her patients, except as otherwise
9provided in the medical staff bylaws or consulting committee
10policies.
11    (a-2) An advanced practice nurse granted authority to order
12medications including controlled substances may complete
13discharge prescriptions provided the prescription is in the
14name of the advanced practice nurse and the attending or
15discharging physician.
16    (a-3) Advanced practice nurses practicing in a hospital or
17an ambulatory surgical treatment center are not required to
18obtain a mid-level controlled substance license to order
19controlled substances under Section 303.05 of the Illinois
20Controlled Substances Act.
21    (a-5) For anesthesia services provided by a certified
22registered nurse anesthetist, an anesthesiologist, physician,
23dentist, or podiatric physician podiatrist shall participate
24through discussion of and agreement with the anesthesia plan
25and shall remain physically present and be available on the
26premises during the delivery of anesthesia services for

 

 

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1diagnosis, consultation, and treatment of emergency medical
2conditions, unless hospital policy adopted pursuant to clause
3(B) of subdivision (3) of Section 10.7 of the Hospital
4Licensing Act or ambulatory surgical treatment center policy
5adopted pursuant to clause (B) of subdivision (3) of Section
66.5 of the Ambulatory Surgical Treatment Center Act provides
7otherwise. A certified registered nurse anesthetist may
8select, order, and administer medication for anesthesia
9services under the anesthesia plan agreed to by the
10anesthesiologist or the physician, in accordance with hospital
11alternative policy or the medical staff consulting committee
12policies of a licensed ambulatory surgical treatment center.
13    (b) An advanced practice nurse who provides services in a
14hospital shall do so in accordance with Section 10.7 of the
15Hospital Licensing Act and, in an ambulatory surgical treatment
16center, in accordance with Section 6.5 of the Ambulatory
17Surgical Treatment Center Act.
18(Source: P.A. 97-358, eff. 8-12-11.)
 
19    (225 ILCS 65/65-55)   (was 225 ILCS 65/15-40)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 65-55. Advertising as an APN.
22    (a) A person licensed under this Act as an advanced
23practice nurse may advertise the availability of professional
24services in the public media or on the premises where the
25professional services are rendered. The advertising shall be

 

 

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1limited to the following information:
2        (1) publication of the person's name, title, office
3    hours, address, and telephone number;
4        (2) information pertaining to the person's areas of
5    specialization, including but not limited to appropriate
6    board certification or limitation of professional
7    practice;
8        (3) publication of the person's collaborating
9    physician's, dentist's, or podiatric physician's
10    podiatrist's name, title, and areas of specialization;
11        (4) information on usual and customary fees for routine
12    professional services offered, which shall include
13    notification that fees may be adjusted due to complications
14    or unforeseen circumstances;
15        (5) announcements of the opening of, change of, absence
16    from, or return to business;
17        (6) announcement of additions to or deletions from
18    professional licensed staff; and
19        (7) the issuance of business or appointment cards.
20    (b) It is unlawful for a person licensed under this Act as
21an advanced practice nurse to use testimonials or claims of
22superior quality of care to entice the public. It shall be
23unlawful to advertise fee comparisons of available services
24with those of other licensed persons.
25    (c) This Article does not authorize the advertising of
26professional services that the offeror of the services is not

 

 

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1licensed or authorized to render. Nor shall the advertiser use
2statements that contain false, fraudulent, deceptive, or
3misleading material or guarantees of success, statements that
4play upon the vanity or fears of the public, or statements that
5promote or produce unfair competition.
6    (d) It is unlawful and punishable under the penalty
7provisions of this Act for a person licensed under this Article
8to knowingly advertise that the licensee will accept as payment
9for services rendered by assignment from any third party payor
10the amount the third party payor covers as payment in full, if
11the effect is to give the impression of eliminating the need of
12payment by the patient of any required deductible or copayment
13applicable in the patient's health benefit plan.
14    (e) A licensee shall include in every advertisement for
15services regulated under this Act his or her title as it
16appears on the license or the initials authorized under this
17Act.
18    (f) As used in this Section, "advertise" means solicitation
19by the licensee or through another person or entity by means of
20handbills, posters, circulars, motion pictures, radio,
21newspapers, or television or any other manner.
22(Source: P.A. 95-639, eff. 10-5-07.)
 
23    (225 ILCS 65/70-5)   (was 225 ILCS 65/10-45)
24    (Section scheduled to be repealed on January 1, 2018)
25    Sec. 70-5. Grounds for disciplinary action.

 

 

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1    (a) The Department may refuse to issue or to renew, or may
2revoke, suspend, place on probation, reprimand, or take other
3disciplinary or non-disciplinary action as the Department may
4deem appropriate, including fines not to exceed $10,000 per
5violation, with regard to a license for any one or combination
6of the causes set forth in subsection (b) below. All fines
7collected under this Section shall be deposited in the Nursing
8Dedicated and Professional Fund.
9    (b) Grounds for disciplinary action include the following:
10        (1) Material deception in furnishing information to
11    the Department.
12        (2) Material violations of any provision of this Act or
13    violation of the rules of or final administrative action of
14    the Secretary, after consideration of the recommendation
15    of the Board.
16        (3) Conviction by plea of guilty or nolo contendere,
17    finding of guilt, jury verdict, or entry of judgment or by
18    sentencing of any crime, including, but not limited to,
19    convictions, preceding sentences of supervision,
20    conditional discharge, or first offender probation, under
21    the laws of any jurisdiction of the United States: (i) that
22    is a felony; or (ii) that is a misdemeanor, an essential
23    element of which is dishonesty, or that is directly related
24    to the practice of the profession.
25        (4) A pattern of practice or other behavior which
26    demonstrates incapacity or incompetency to practice under

 

 

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1    this Act.
2        (5) Knowingly aiding or assisting another person in
3    violating any provision of this Act or rules.
4        (6) Failing, within 90 days, to provide a response to a
5    request for information in response to a written request
6    made by the Department by certified mail.
7        (7) Engaging in dishonorable, unethical or
8    unprofessional conduct of a character likely to deceive,
9    defraud or harm the public, as defined by rule.
10        (8) Unlawful taking, theft, selling, distributing, or
11    manufacturing of any drug, narcotic, or prescription
12    device.
13        (9) Habitual or excessive use or addiction to alcohol,
14    narcotics, stimulants, or any other chemical agent or drug
15    that could result in a licensee's inability to practice
16    with reasonable judgment, skill or safety.
17        (10) Discipline by another U.S. jurisdiction or
18    foreign nation, if at least one of the grounds for the
19    discipline is the same or substantially equivalent to those
20    set forth in this Section.
21        (11) A finding that the licensee, after having her or
22    his license placed on probationary status or subject to
23    conditions or restrictions, has violated the terms of
24    probation or failed to comply with such terms or
25    conditions.
26        (12) Being named as a perpetrator in an indicated

 

 

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1    report by the Department of Children and Family Services
2    and under the Abused and Neglected Child Reporting Act, and
3    upon proof by clear and convincing evidence that the
4    licensee has caused a child to be an abused child or
5    neglected child as defined in the Abused and Neglected
6    Child Reporting Act.
7        (13) Willful omission to file or record, or willfully
8    impeding the filing or recording or inducing another person
9    to omit to file or record medical reports as required by
10    law or willfully failing to report an instance of suspected
11    child abuse or neglect as required by the Abused and
12    Neglected Child Reporting Act.
13        (14) Gross negligence in the practice of practical,
14    professional, or advanced practice nursing.
15        (15) Holding oneself out to be practicing nursing under
16    any name other than one's own.
17        (16) Failure of a licensee to report to the Department
18    any adverse final action taken against him or her by
19    another licensing jurisdiction of the United States or any
20    foreign state or country, any peer review body, any health
21    care institution, any professional or nursing society or
22    association, any governmental agency, any law enforcement
23    agency, or any court or a nursing liability claim related
24    to acts or conduct similar to acts or conduct that would
25    constitute grounds for action as defined in this Section.
26        (17) Failure of a licensee to report to the Department

 

 

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1    surrender by the licensee of a license or authorization to
2    practice nursing or advanced practice nursing in another
3    state or jurisdiction or current surrender by the licensee
4    of membership on any nursing staff or in any nursing or
5    advanced practice nursing or professional association or
6    society while under disciplinary investigation by any of
7    those authorities or bodies for acts or conduct similar to
8    acts or conduct that would constitute grounds for action as
9    defined by this Section.
10        (18) Failing, within 60 days, to provide information in
11    response to a written request made by the Department.
12        (19) Failure to establish and maintain records of
13    patient care and treatment as required by law.
14        (20) Fraud, deceit or misrepresentation in applying
15    for or procuring a license under this Act or in connection
16    with applying for renewal of a license under this Act.
17        (21) Allowing another person or organization to use the
18    licensees' license to deceive the public.
19        (22) Willfully making or filing false records or
20    reports in the licensee's practice, including but not
21    limited to false records to support claims against the
22    medical assistance program of the Department of Healthcare
23    and Family Services (formerly Department of Public Aid)
24    under the Illinois Public Aid Code.
25        (23) Attempting to subvert or cheat on a licensing
26    examination administered under this Act.

 

 

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1        (24) Immoral conduct in the commission of an act,
2    including, but not limited to, sexual abuse, sexual
3    misconduct, or sexual exploitation, related to the
4    licensee's practice.
5        (25) Willfully or negligently violating the
6    confidentiality between nurse and patient except as
7    required by law.
8        (26) Practicing under a false or assumed name, except
9    as provided by law.
10        (27) The use of any false, fraudulent, or deceptive
11    statement in any document connected with the licensee's
12    practice.
13        (28) Directly or indirectly giving to or receiving from
14    a person, firm, corporation, partnership, or association a
15    fee, commission, rebate, or other form of compensation for
16    professional services not actually or personally rendered.
17    Nothing in this paragraph (28) affects any bona fide
18    independent contractor or employment arrangements among
19    health care professionals, health facilities, health care
20    providers, or other entities, except as otherwise
21    prohibited by law. Any employment arrangements may include
22    provisions for compensation, health insurance, pension, or
23    other employment benefits for the provision of services
24    within the scope of the licensee's practice under this Act.
25    Nothing in this paragraph (28) shall be construed to
26    require an employment arrangement to receive professional

 

 

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1    fees for services rendered.
2        (29) A violation of the Health Care Worker
3    Self-Referral Act.
4        (30) Physical illness, including but not limited to
5    deterioration through the aging process or loss of motor
6    skill, mental illness, or disability that results in the
7    inability to practice the profession with reasonable
8    judgment, skill, or safety.
9        (31) Exceeding the terms of a collaborative agreement
10    or the prescriptive authority delegated to a licensee by
11    his or her collaborating physician or podiatric physician
12    podiatrist in guidelines established under a written
13    collaborative agreement.
14        (32) Making a false or misleading statement regarding a
15    licensee's skill or the efficacy or value of the medicine,
16    treatment, or remedy prescribed by him or her in the course
17    of treatment.
18        (33) Prescribing, selling, administering,
19    distributing, giving, or self-administering a drug
20    classified as a controlled substance (designated product)
21    or narcotic for other than medically accepted therapeutic
22    purposes.
23        (34) Promotion of the sale of drugs, devices,
24    appliances, or goods provided for a patient in a manner to
25    exploit the patient for financial gain.
26        (35) Violating State or federal laws, rules, or

 

 

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1    regulations relating to controlled substances.
2        (36) Willfully or negligently violating the
3    confidentiality between an advanced practice nurse,
4    collaborating physician, dentist, or podiatric physician
5    podiatrist and a patient, except as required by law.
6        (37) A violation of any provision of this Act or any
7    rules promulgated under this Act.
8    (c) The determination by a circuit court that a licensee is
9subject to involuntary admission or judicial admission as
10provided in the Mental Health and Developmental Disabilities
11Code, as amended, operates as an automatic suspension. The
12suspension will end only upon a finding by a court that the
13patient is no longer subject to involuntary admission or
14judicial admission and issues an order so finding and
15discharging the patient; and upon the recommendation of the
16Board to the Secretary that the licensee be allowed to resume
17his or her practice.
18    (d) The Department may refuse to issue or may suspend or
19otherwise discipline the license of any person who fails to
20file a return, or to pay the tax, penalty or interest shown in
21a filed return, or to pay any final assessment of the tax,
22penalty, or interest as required by any tax Act administered by
23the Department of Revenue, until such time as the requirements
24of any such tax Act are satisfied.
25    (e) In enforcing this Act, the Department or Board, upon a
26showing of a possible violation, may compel an individual

 

 

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1licensed to practice under this Act or who has applied for
2licensure under this Act, to submit to a mental or physical
3examination, or both, as required by and at the expense of the
4Department. The Department or Board may order the examining
5physician to present testimony concerning the mental or
6physical examination of the licensee or applicant. No
7information shall be excluded by reason of any common law or
8statutory privilege relating to communications between the
9licensee or applicant and the examining physician. The
10examining physicians shall be specifically designated by the
11Board or Department. The individual to be examined may have, at
12his or her own expense, another physician of his or her choice
13present during all aspects of this examination. Failure of an
14individual to submit to a mental or physical examination, when
15directed, shall result in an automatic suspension without
16hearing.
17    All substance-related violations shall mandate an
18automatic substance abuse assessment. Failure to submit to an
19assessment by a licensed physician who is certified as an
20addictionist or an advanced practice nurse with specialty
21certification in addictions may be grounds for an automatic
22suspension, as defined by rule.
23    If the Department or Board finds an individual unable to
24practice or unfit for duty because of the reasons set forth in
25this Section, the Department or Board may require that
26individual to submit to a substance abuse evaluation or

 

 

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1treatment by individuals or programs approved or designated by
2the Department or Board, as a condition, term, or restriction
3for continued, reinstated, or renewed licensure to practice;
4or, in lieu of evaluation or treatment, the Department may
5file, or the Board may recommend to the Department to file, a
6complaint to immediately suspend, revoke, or otherwise
7discipline the license of the individual. An individual whose
8license was granted, continued, reinstated, renewed,
9disciplined or supervised subject to such terms, conditions, or
10restrictions, and who fails to comply with such terms,
11conditions, or restrictions, shall be referred to the Secretary
12for a determination as to whether the individual shall have his
13or her license suspended immediately, pending a hearing by the
14Department.
15    In instances in which the Secretary immediately suspends a
16person's license under this Section, a hearing on that person's
17license must be convened by the Department within 15 days after
18the suspension and completed without appreciable delay. The
19Department and Board shall have the authority to review the
20subject individual's record of treatment and counseling
21regarding the impairment to the extent permitted by applicable
22federal statutes and regulations safeguarding the
23confidentiality of medical records.
24    An individual licensed under this Act and affected under
25this Section shall be afforded an opportunity to demonstrate to
26the Department that he or she can resume practice in compliance

 

 

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1with nursing standards under the provisions of his or her
2license.
3(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;
496-1482, eff. 11-29-10.)
 
5    Section 50. The Illinois Occupational Therapy Practice Act
6is amended by changing Sections 3.1 and 19 as follows:
 
7    (225 ILCS 75/3.1)
8    (Section scheduled to be repealed on January 1, 2014)
9    Sec. 3.1. Referrals. A licensed occupational therapist or
10licensed occupational therapy assistant may consult with,
11educate, evaluate, and monitor services for clients concerning
12non-medical occupational therapy needs. Implementation of
13direct occupational therapy to individuals for their specific
14health care conditions shall be based upon a referral from a
15licensed physician, dentist, podiatric physician podiatrist,
16or advanced practice nurse who has a written collaborative
17agreement with a collaborating physician to provide or accept
18referrals from licensed occupational therapists, physician
19assistant who has been delegated authority to provide or accept
20referrals from or to licensed occupational therapists, or
21optometrist.
22    An occupational therapist shall refer to a licensed
23physician, dentist, optometrist, advanced practice nurse,
24physician assistant, or podiatric physician podiatrist any

 

 

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1patient whose medical condition should, at the time of
2evaluation or treatment, be determined to be beyond the scope
3of practice of the occupational therapist.
4(Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03; 93-962,
5eff. 8-20-04.)
 
6    (225 ILCS 75/19)  (from Ch. 111, par. 3719)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 19. (a) The Department may refuse to issue or renew,
9or may revoke, suspend, place on probation, reprimand or take
10other disciplinary action as the Department may deem proper,
11including fines not to exceed $2,500 for each violation, with
12regard to any license for any one or combination of the
13following:
14        (1) Material misstatement in furnishing information to
15    the Department;
16        (2) Wilfully violating this Act, or of the rules
17    promulgated thereunder;
18        (3) Conviction of any crime under the laws of the
19    United States or any state or territory thereof which is a
20    felony or which is a misdemeanor, an essential element of
21    which is dishonesty, or of any crime which is directly
22    related to the practice of occupational therapy;
23        (4) Making any misrepresentation for the purpose of
24    obtaining certification, or violating any provision of
25    this Act or the rules promulgated thereunder pertaining to

 

 

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1    advertising;
2        (5) Having demonstrated unworthiness, or incompetency
3    to act as an occupational therapist or occupational therapy
4    assistant in such manner as to safeguard the interest of
5    the public;
6        (6) Wilfully aiding or assisting another person, firm,
7    partnership or corporation in violating any provision of
8    this Act or rules;
9        (7) Failing, within 60 days, to provide information in
10    response to a written request made by the Department;
11        (8) Engaging in dishonorable, unethical or
12    unprofessional conduct of a character likely to deceive,
13    defraud or harm the public;
14        (9) Habitual intoxication or addiction to the use of
15    drugs;
16        (10) Discipline by another state, the District of
17    Columbia, a territory, or foreign nation, if at least one
18    of the grounds for the discipline is the same or
19    substantially equivalent to those set forth herein;
20        (11) Directly or indirectly giving to or receiving from
21    any person, firm, corporation, partnership, or association
22    any fee, commission, rebate or other form of compensation
23    for professional services not actually or personally
24    rendered. Nothing in this paragraph (11) affects any bona
25    fide independent contractor or employment arrangements
26    among health care professionals, health facilities, health

 

 

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1    care providers, or other entities, except as otherwise
2    prohibited by law. Any employment arrangements may include
3    provisions for compensation, health insurance, pension, or
4    other employment benefits for the provision of services
5    within the scope of the licensee's practice under this Act.
6    Nothing in this paragraph (11) shall be construed to
7    require an employment arrangement to receive professional
8    fees for services rendered;
9        (12) A finding by the Department that the license
10    holder, after having his license disciplined, has violated
11    the terms of the discipline;
12        (13) Wilfully making or filing false records or reports
13    in the practice of occupational therapy, including but not
14    limited to false records filed with the State agencies or
15    departments;
16        (14) Physical illness, including but not limited to,
17    deterioration through the aging process, or loss of motor
18    skill which results in the inability to practice the
19    profession with reasonable judgment, skill or safety;
20        (15) Solicitation of professional services other than
21    by permitted advertising;
22        (16) Wilfully exceeding the scope of practice
23    customarily undertaken by persons licensed under this Act,
24    which conduct results in, or may result in, harm to the
25    public;
26        (17) Holding one's self out to practice occupational

 

 

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1    therapy under any name other than his own or impersonation
2    of any other occupational therapy licensee;
3        (18) Gross negligence;
4        (19) Malpractice;
5        (20) Obtaining a fee in money or gift in kind of any
6    other items of value or in the form of financial profit or
7    benefit as personal compensation, or as compensation, or
8    charge, profit or gain for an employer or for any other
9    person or persons, on the fraudulent misrepresentation
10    that a manifestly incurable condition of sickness, disease
11    or injury to any person can be cured;
12        (21) Accepting commissions or rebates or other forms of
13    remuneration for referring persons to other professionals;
14        (22) Failure to file a return, or to pay the tax,
15    penalty or interest shown in a filed return, or to pay any
16    final assessment of tax, penalty or interest, as required
17    by any tax Act administered by the Illinois Department of
18    Revenue, until such time as the requirements of any such
19    tax Act are satisfied;
20        (23) Violating the Health Care Worker Self-Referral
21    Act; and
22        (24) Having treated patients other than by the practice
23    of occupational therapy as defined in this Act, or having
24    treated patients as a licensed occupational therapist
25    independent of a referral from a physician, advanced
26    practice nurse or physician assistant in accordance with

 

 

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1    Section 3.1, dentist, podiatric physician podiatrist, or
2    optometrist, or having failed to notify the physician,
3    advanced practice nurse, physician assistant, dentist,
4    podiatric physician podiatrist, or optometrist who
5    established a diagnosis that the patient is receiving
6    occupational therapy pursuant to that diagnosis.
7    (b) The determination by a circuit court that a license
8holder is subject to involuntary admission or judicial
9admission as provided in the Mental Health and Developmental
10Disabilities Code, as now or hereafter amended, operates as an
11automatic suspension. Such suspension will end only upon a
12finding by a court that the patient is no longer subject to
13involuntary admission or judicial admission, an order by the
14court so finding and discharging the patient, and the
15recommendation of the Board to the Director that the license
16holder be allowed to resume his practice.
17    (c) The Department may refuse to issue or take disciplinary
18action concerning the license of any person who fails to file a
19return, to pay the tax, penalty, or interest shown in a filed
20return, or to pay any final assessment of tax, penalty, or
21interest as required by any tax Act administered by the
22Department of Revenue, until such time as the requirements of
23any such tax Act are satisfied as determined by the Department
24of Revenue.
25    (d) In enforcing this Section, the Board, upon a showing of
26a possible violation, may compel a licensee or applicant to

 

 

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1submit to a mental or physical examination, or both, as
2required by and at the expense of the Department. The examining
3physicians or clinical psychologists shall be those
4specifically designated by the Board. The Board or the
5Department may order (i) the examining physician to present
6testimony concerning the mental or physical examination of a
7licensee or applicant or (ii) the examining clinical
8psychologist to present testimony concerning the mental
9examination of a licensee or applicant. No information shall be
10excluded by reason of any common law or statutory privilege
11relating to communications between a licensee or applicant and
12the examining physician or clinical psychologist. An
13individual to be examined may have, at his or her own expense,
14another physician or clinical psychologist of his or her choice
15present during all aspects of the examination. Failure of an
16individual to submit to a mental or physical examination, when
17directed, is grounds for suspension of his or her license. The
18license must remain suspended until the person submits to the
19examination or the Board finds, after notice and hearing, that
20the refusal to submit to the examination was with reasonable
21cause.
22    If the Board finds an individual unable to practice because
23of the reasons set forth in this Section, the Board must
24require the individual to submit to care, counseling, or
25treatment by a physician or clinical psychologist approved by
26the Board, as a condition, term, or restriction for continued,

 

 

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1reinstated, or renewed licensure to practice. In lieu of care,
2counseling, or treatment, the Board may recommend that the
3Department file a complaint to immediately suspend or revoke
4the license of the individual or otherwise discipline the
5licensee.
6    Any individual whose license was granted, continued,
7reinstated, or renewed subject to conditions, terms, or
8restrictions, as provided for in this Section, or any
9individual who was disciplined or placed on supervision
10pursuant to this Section must be referred to the Director for a
11determination as to whether the person shall have his or her
12license suspended immediately, pending a hearing by the Board.
13(Source: P.A. 96-1482, eff. 11-29-10.)
 
14    Section 55. The Orthotics, Prosthetics, and Pedorthics
15Practice Act is amended by changing Sections 10 and 57 as
16follows:
 
17    (225 ILCS 84/10)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 10. Definitions. As used in this Act:
20    "Accredited facility" means a facility which has been
21accredited by the Center for Medicare Medicaid Services to
22practice prosthetics, orthotics or pedorthics and which
23represents itself to the public by title or description of
24services that includes the term "prosthetic", "prosthetist",

 

 

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1"artificial limb", "orthotic", "orthotist", "brace",
2"pedorthic", "pedorthist" or a similar title or description of
3services.
4    "Address of record" means the designated address recorded
5by the Department in the applicant's or licensee's application
6file or license file maintained by the Department's licensure
7maintenance unit. It is the duty of the applicant or licensee
8to inform the Department of any change of address, and such
9changes must be made either through the Department's website or
10by contacting the Department.
11    "Assistant" means a person who is educated and trained to
12participate in comprehensive orthotic or prosthetic care while
13under the supervision, as defined by rule, of a licensed
14orthotist or licensed prosthetist. Assistants may perform
15orthotic or prosthetic procedures and related tasks in the
16management of patient care. Assistants may also fabricate,
17repair, and maintain orthoses and prostheses.
18    "Board" means the Board of Orthotics, Prosthetics, and
19Pedorthics.
20    "Custom fabricated device" means an orthosis, prosthesis,
21or pedorthic device fabricated to comprehensive measurements
22or a mold or patient model for use by a patient in accordance
23with a prescription and which requires clinical and technical
24judgment in its design, fabrication, and fitting.
25    "Custom fitted device" means an orthosis, prosthesis, or
26pedorthic device made to patient measurements sized or modified

 

 

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1for use by the patient in accordance with a prescription and
2which requires clinical and technical judgment and substantive
3alteration in its design.
4    "Department" means the Department of Financial and
5Professional Regulation.
6    "Facility" means the business location where orthotic,
7prosthetic, or pedorthic care is provided and, in the case of
8an orthotic/prosthetic facility, has the appropriate clinical
9and laboratory space and equipment to provide comprehensive
10orthotic or prosthetic care and, in the case of a pedorthic
11facility, has the appropriate clinical space and equipment to
12provide pedorthic care. Licensed orthotists, prosthetists, and
13pedorthists must be available to either provide care or
14supervise the provision of care by unlicensed staff.
15    "Licensed orthotist" or "LO" means a person licensed under
16this Act to practice orthotics and who represents himself or
17herself to the public by title or description of services that
18includes the term "orthotic", "orthotist", "brace", or a
19similar title or description of services.
20    "Licensed pedorthist" or "LPed" means a person licensed
21under this Act to practice pedorthics and who represents
22himself or herself to the public by the title or description of
23services that include the term "pedorthic", "pedorthist", or a
24similar title or description of services.
25    "Licensed physician" means a person licensed under the
26Medical Practice Act of 1987.

 

 

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1    "Licensed podiatric physician" podiatrist" means a person
2licensed under the Podiatric Medical Practice Act of 1987.
3    "Licensed prosthetist" or "LP" means a person licensed
4under this Act to practice prosthetics and who represents
5himself or herself to the public by title or description of
6services that includes the term "prosthetic", "prosthetist",
7"artificial limb", or a similar title or description of
8services.
9    "Off-the-shelf device" means a prefabricated orthosis,
10prosthesis, or pedorthic device sized or modified for use by
11the patient in accordance with a prescription and that does not
12require substantial clinical judgment and substantive
13alteration for appropriate use.
14    "Orthosis" means a custom-fabricated or custom-fitted
15brace or support designed to provide for alignment, correction,
16or prevention of neuromuscular or musculoskeletal dysfunction,
17disease, injury, or deformity. "Orthosis" does not include
18fabric or elastic supports, corsets, arch supports,
19low-temperature plastic splints, trusses, elastic hoses,
20canes, crutches, soft cervical collars, dental appliances, or
21other similar devices carried in stock and sold as
22"over-the-counter" items by a drug store, department store,
23corset shop, or surgical supply facility.
24    "Orthotic and Prosthetic Education Program" means a course
25of instruction accredited by the Commission on Accreditation of
26Allied Health Education Programs, consisting of (i) a basic

 

 

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1curriculum of college level instruction in math, physics,
2biology, chemistry, and psychology and (ii) a specific
3curriculum in orthotic or prosthetic courses, including: (A)
4lectures covering pertinent anatomy, biomechanics,
5pathomechanics, prosthetic-orthotic components and materials,
6training and functional capabilities, prosthetic or orthotic
7performance evaluation, prescription considerations, etiology
8of amputations and disease processes necessitating prosthetic
9or orthotic use, and medical management; (B) subject matter
10related to pediatric and geriatric problems; (C) instruction in
11acute care techniques, such as immediate and early
12post-surgical prosthetics and fracture bracing techniques; and
13(D) lectures, demonstrations, and laboratory experiences
14related to the entire process of measuring, casting, fitting,
15fabricating, aligning, and completing prostheses or orthoses.
16    "Orthotic and prosthetic scope of practice" means a list of
17tasks, with relative weight given to such factors as
18importance, criticality, and frequency, based on
19internationally accepted standards of orthotic and prosthetic
20care as outlined by the International Society of Prosthetics
21and Orthotics' professional profile for Category I and Category
22III orthotic and prosthetic personnel.
23    "Orthotics" means the science and practice of evaluating,
24measuring, designing, fabricating, assembling, fitting,
25adjusting, or servicing an orthosis under an order from a
26licensed physician or podiatric physician podiatrist for the

 

 

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1correction or alleviation of neuromuscular or musculoskeletal
2dysfunction, disease, injury, or deformity.
3    "Orthotist" means a health care professional, specifically
4educated and trained in orthotic patient care, who measures,
5designs, fabricates, fits, or services orthoses and may assist
6in the formulation of the order and treatment plan of orthoses
7for the support or correction of disabilities caused by
8neuro-musculoskeletal diseases, injuries, or deformities.
9    "Over-the-counter" means a prefabricated, mass-produced
10device that is prepackaged and requires no professional advice
11or judgement in either size selection or use, including fabric
12or elastic supports, corsets, generic arch supports, elastic
13hoses.
14    "Pedorthic device" means therapeutic shoes (e.g. diabetic
15shoes and inserts), shoe modifications made for therapeutic
16purposes, below the ankle partial foot prostheses, and foot
17orthoses for use at the ankle or below. It also includes
18subtalar-control foot orthoses designed to manage the function
19of the anatomy by controlling the range of motion of the
20subtalar joint. Excluding footwear, the proximal height of a
21custom pedorthic device does not extend beyond the junction of
22the gastrocnemius and the Achilles tendon. Pedorthic devices do
23not include non-therapeutic inlays or footwear regardless of
24method of manufacture; unmodified, non-therapeutic
25over-the-counter shoes; or prefabricated foot care products.
26"Therapeutic" devices address a medical condition, diagnosed

 

 

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1by a prescribing medical professional, while "non-therapeutic"
2devices do not address a medical condition.
3    "Pedorthic education program" means an educational program
4accredited by the National Commission on Orthotic and
5Prosthetic Education consisting of (i) a basic curriculum of
6instruction in foot-related pathology of diseases, anatomy,
7and biomechanics and (ii) a specific curriculum in pedorthic
8courses, including lectures covering shoes, foot orthoses, and
9shoe modifications, pedorthic components and materials,
10training and functional capabilities, pedorthic performance
11evaluation, prescription considerations, etiology of disease
12processes necessitating use of pedorthic devices, medical
13management, subject matter related to pediatric and geriatric
14problems, and lectures, demonstrations, and laboratory
15experiences related to the entire process of measuring and
16casting, fitting, fabricating, aligning, and completing
17pedorthic devices.
18    "Pedorthic scope of practice" means a list of tasks with
19relative weight given to such factors as importance,
20criticality, and frequency based on nationally accepted
21standards of pedorthic care as outlined by the National
22Commission on Orthotic and Prosthetic Education comprehensive
23analysis with an empirical validation study of the profession
24performed by an independent testing company.
25    "Pedorthics" means the science and practice of evaluating,
26measuring, designing, fabricating, assembling, fitting,

 

 

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1adjusting, or servicing a pedorthic device under an order from
2a licensed physician or podiatric physician podiatrist for the
3correction or alleviation of neuromuscular or musculoskeletal
4dysfunction, disease, injury, or deformity.
5    "Pedorthist" means a health care professional,
6specifically educated and trained in pedorthic patient care,
7who measures, designs, fabricates, fits, or services pedorthic
8devices and may assist in the formulation of the order and
9treatment plan of pedorthic devices for the support or
10correction of disabilities caused by neuro-musculoskeletal
11diseases, injuries, or deformities.
12    "Person" means a natural person.
13    "Prosthesis" means an artificial medical device that is not
14surgically implanted and that is used to replace a missing
15limb, appendage, or any other external human body part
16including an artificial limb, hand, or foot. "Prosthesis" does
17not include artificial eyes, ears, fingers, or toes, dental
18appliances, cosmetic devices such as artificial breasts,
19eyelashes, or wigs, or other devices that do not have a
20significant impact on the musculoskeletal functions of the
21body.
22    "Prosthetics" means the science and practice of
23evaluating, measuring, designing, fabricating, assembling,
24fitting, adjusting, or servicing a prosthesis under an order
25from a licensed physician.
26    "Prosthetist" means a health care professional,

 

 

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1specifically educated and trained in prosthetic patient care,
2who measures, designs, fabricates, fits, or services
3prostheses and may assist in the formulation of the order and
4treatment plan of prostheses for the replacement of external
5parts of the human body lost due to amputation or congenital
6deformities or absences.
7    "Prosthetist/orthotist" means a person who practices both
8disciplines of prosthetics and orthotics and who represents
9himself or herself to the public by title or by description of
10services. A person who is currently licensed by the State as
11both a licensed prosthetist and a licensed orthotist may use
12the title "Licensed Prosthetist Orthotist" or "LPO".
13    "Resident" means a person who has completed an education
14program in either orthotics or prosthetics and is continuing
15his or her clinical education in a residency accredited by the
16National Commission on Orthotic and Prosthetic Education.
17    "Residency" means a minimum of a one-year approved
18supervised program to acquire practical clinical training in
19orthotics or prosthetics in a patient care setting.
20    "Secretary" means the Secretary of Financial and
21Professional Regulation.
22    "Technician" means a person who assists an orthotist,
23prosthetist, prosthetist/orthotist, or pedorthist with
24fabrication of orthoses, prostheses, or pedorthic devices but
25does not provide direct patient care.
26(Source: P.A. 96-682, eff. 8-25-09.)
 

 

 

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1    (225 ILCS 84/57)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 57. Limitation on provision of care and services. A
4licensed orthotist, prosthetist, or pedorthist may provide
5care or services only if the care or services are provided
6pursuant to an order from (i) a licensed physician, (ii) a
7podiatric physician podiatrist, (iii) an advanced practice
8nurse who has a written collaborative agreement with a
9collaborating physician or podiatric physician podiatrist that
10specifically authorizes ordering the services of an orthotist,
11prosthetist or pedorthist, (iv) an advanced practice nurse who
12practices in a hospital or ambulatory surgical treatment center
13and possesses clinical privileges to order services of an
14orthotist, prosthetist, or pedorthist, or (v) a physician
15assistant who has been delegated the authority to order the
16services of an orthotist, prosthetist, or pedorthist by his or
17her supervising physician. A licensed podiatric physician
18podiatrist or advanced practice nurse collaborating with a
19podiatric physician podiatrist may only order care or services
20concerning the foot from a licensed prosthetist.
21(Source: P.A. 96-682, eff. 8-25-09.)
 
22    Section 60. The Pharmacy Practice Act is amended by
23changing Sections 3, 4, and 22 as follows:
 

 

 

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1    (225 ILCS 85/3)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 3. Definitions. For the purpose of this Act, except
4where otherwise limited therein:
5    (a) "Pharmacy" or "drugstore" means and includes every
6store, shop, pharmacy department, or other place where
7pharmacist care is provided by a pharmacist (1) where drugs,
8medicines, or poisons are dispensed, sold or offered for sale
9at retail, or displayed for sale at retail; or (2) where
10prescriptions of physicians, dentists, advanced practice
11nurses, physician assistants, veterinarians, podiatric
12physicians podiatrists, or optometrists, within the limits of
13their licenses, are compounded, filled, or dispensed; or (3)
14which has upon it or displayed within it, or affixed to or used
15in connection with it, a sign bearing the word or words
16"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
17"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
18"Drugs", "Dispensary", "Medicines", or any word or words of
19similar or like import, either in the English language or any
20other language; or (4) where the characteristic prescription
21sign (Rx) or similar design is exhibited; or (5) any store, or
22shop, or other place with respect to which any of the above
23words, objects, signs or designs are used in any advertisement.
24    (b) "Drugs" means and includes (l) articles recognized in
25the official United States Pharmacopoeia/National Formulary
26(USP/NF), or any supplement thereto and being intended for and

 

 

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1having for their main use the diagnosis, cure, mitigation,
2treatment or prevention of disease in man or other animals, as
3approved by the United States Food and Drug Administration, but
4does not include devices or their components, parts, or
5accessories; and (2) all other articles intended for and having
6for their main use the diagnosis, cure, mitigation, treatment
7or prevention of disease in man or other animals, as approved
8by the United States Food and Drug Administration, but does not
9include devices or their components, parts, or accessories; and
10(3) articles (other than food) having for their main use and
11intended to affect the structure or any function of the body of
12man or other animals; and (4) articles having for their main
13use and intended for use as a component or any articles
14specified in clause (l), (2) or (3); but does not include
15devices or their components, parts or accessories.
16    (c) "Medicines" means and includes all drugs intended for
17human or veterinary use approved by the United States Food and
18Drug Administration.
19    (d) "Practice of pharmacy" means (1) the interpretation and
20the provision of assistance in the monitoring, evaluation, and
21implementation of prescription drug orders; (2) the dispensing
22of prescription drug orders; (3) participation in drug and
23device selection; (4) drug administration limited to the
24administration of oral, topical, injectable, and inhalation as
25follows: in the context of patient education on the proper use
26or delivery of medications; vaccination of patients 14 years of

 

 

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1age and older pursuant to a valid prescription or standing
2order, by a physician licensed to practice medicine in all its
3branches, upon completion of appropriate training, including
4how to address contraindications and adverse reactions set
5forth by rule, with notification to the patient's physician and
6appropriate record retention, or pursuant to hospital pharmacy
7and therapeutics committee policies and procedures; (5)
8vaccination of patients ages 10 through 13 limited to the
9Influenza (inactivated influenza vaccine and live attenuated
10influenza intranasal vaccine) and Tdap (defined as tetanus,
11diphtheria, acellular pertussis) vaccines, pursuant to a valid
12prescription or standing order, by a physician licensed to
13practice medicine in all its branches, upon completion of
14appropriate training, including how to address
15contraindications and adverse reactions set forth by rule, with
16notification to the patient's physician and appropriate record
17retention, or pursuant to hospital pharmacy and therapeutics
18committee policies and procedures; (6) drug regimen review; (7)
19drug or drug-related research; (8) the provision of patient
20counseling; (9) the practice of telepharmacy; (10) the
21provision of those acts or services necessary to provide
22pharmacist care; (11) medication therapy management; and (12)
23the responsibility for compounding and labeling of drugs and
24devices (except labeling by a manufacturer, repackager, or
25distributor of non-prescription drugs and commercially
26packaged legend drugs and devices), proper and safe storage of

 

 

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1drugs and devices, and maintenance of required records. A
2pharmacist who performs any of the acts defined as the practice
3of pharmacy in this State must be actively licensed as a
4pharmacist under this Act.
5    (e) "Prescription" means and includes any written, oral,
6facsimile, or electronically transmitted order for drugs or
7medical devices, issued by a physician licensed to practice
8medicine in all its branches, dentist, veterinarian, or
9podiatric physician podiatrist, or optometrist, within the
10limits of their licenses, by a physician assistant in
11accordance with subsection (f) of Section 4, or by an advanced
12practice nurse in accordance with subsection (g) of Section 4,
13containing the following: (l) name of the patient; (2) date
14when prescription was issued; (3) name and strength of drug or
15description of the medical device prescribed; and (4) quantity;
16(5) directions for use; (6) prescriber's name, address, and
17signature; and (7) DEA number where required, for controlled
18substances. The prescription may, but is not required to, list
19the illness, disease, or condition for which the drug or device
20is being prescribed. DEA numbers shall not be required on
21inpatient drug orders.
22    (f) "Person" means and includes a natural person,
23copartnership, association, corporation, government entity, or
24any other legal entity.
25    (g) "Department" means the Department of Financial and
26Professional Regulation.

 

 

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1    (h) "Board of Pharmacy" or "Board" means the State Board of
2Pharmacy of the Department of Financial and Professional
3Regulation.
4    (i) "Secretary" means the Secretary of Financial and
5Professional Regulation.
6    (j) "Drug product selection" means the interchange for a
7prescribed pharmaceutical product in accordance with Section
825 of this Act and Section 3.14 of the Illinois Food, Drug and
9Cosmetic Act.
10    (k) "Inpatient drug order" means an order issued by an
11authorized prescriber for a resident or patient of a facility
12licensed under the Nursing Home Care Act, the ID/DD Community
13Care Act, the Specialized Mental Health Rehabilitation Act, or
14the Hospital Licensing Act, or "An Act in relation to the
15founding and operation of the University of Illinois Hospital
16and the conduct of University of Illinois health care
17programs", approved July 3, 1931, as amended, or a facility
18which is operated by the Department of Human Services (as
19successor to the Department of Mental Health and Developmental
20Disabilities) or the Department of Corrections.
21    (k-5) "Pharmacist" means an individual health care
22professional and provider currently licensed by this State to
23engage in the practice of pharmacy.
24    (l) "Pharmacist in charge" means the licensed pharmacist
25whose name appears on a pharmacy license and who is responsible
26for all aspects of the operation related to the practice of

 

 

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1pharmacy.
2    (m) "Dispense" or "dispensing" means the interpretation,
3evaluation, and implementation of a prescription drug order,
4including the preparation and delivery of a drug or device to a
5patient or patient's agent in a suitable container
6appropriately labeled for subsequent administration to or use
7by a patient in accordance with applicable State and federal
8laws and regulations. "Dispense" or "dispensing" does not mean
9the physical delivery to a patient or a patient's
10representative in a home or institution by a designee of a
11pharmacist or by common carrier. "Dispense" or "dispensing"
12also does not mean the physical delivery of a drug or medical
13device to a patient or patient's representative by a
14pharmacist's designee within a pharmacy or drugstore while the
15pharmacist is on duty and the pharmacy is open.
16    (n) "Nonresident pharmacy" means a pharmacy that is located
17in a state, commonwealth, or territory of the United States,
18other than Illinois, that delivers, dispenses, or distributes,
19through the United States Postal Service, commercially
20acceptable parcel delivery service, or other common carrier, to
21Illinois residents, any substance which requires a
22prescription.
23    (o) "Compounding" means the preparation and mixing of
24components, excluding flavorings, (1) as the result of a
25prescriber's prescription drug order or initiative based on the
26prescriber-patient-pharmacist relationship in the course of

 

 

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1professional practice or (2) for the purpose of, or incident
2to, research, teaching, or chemical analysis and not for sale
3or dispensing. "Compounding" includes the preparation of drugs
4or devices in anticipation of receiving prescription drug
5orders based on routine, regularly observed dispensing
6patterns. Commercially available products may be compounded
7for dispensing to individual patients only if all of the
8following conditions are met: (i) the commercial product is not
9reasonably available from normal distribution channels in a
10timely manner to meet the patient's needs and (ii) the
11prescribing practitioner has requested that the drug be
12compounded.
13    (p) (Blank).
14    (q) (Blank).
15    (r) "Patient counseling" means the communication between a
16pharmacist or a student pharmacist under the supervision of a
17pharmacist and a patient or the patient's representative about
18the patient's medication or device for the purpose of
19optimizing proper use of prescription medications or devices.
20"Patient counseling" may include without limitation (1)
21obtaining a medication history; (2) acquiring a patient's
22allergies and health conditions; (3) facilitation of the
23patient's understanding of the intended use of the medication;
24(4) proper directions for use; (5) significant potential
25adverse events; (6) potential food-drug interactions; and (7)
26the need to be compliant with the medication therapy. A

 

 

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1pharmacy technician may only participate in the following
2aspects of patient counseling under the supervision of a
3pharmacist: (1) obtaining medication history; (2) providing
4the offer for counseling by a pharmacist or student pharmacist;
5and (3) acquiring a patient's allergies and health conditions.
6    (s) "Patient profiles" or "patient drug therapy record"
7means the obtaining, recording, and maintenance of patient
8prescription information, including prescriptions for
9controlled substances, and personal information.
10    (t) (Blank).
11    (u) "Medical device" means an instrument, apparatus,
12implement, machine, contrivance, implant, in vitro reagent, or
13other similar or related article, including any component part
14or accessory, required under federal law to bear the label
15"Caution: Federal law requires dispensing by or on the order of
16a physician". A seller of goods and services who, only for the
17purpose of retail sales, compounds, sells, rents, or leases
18medical devices shall not, by reasons thereof, be required to
19be a licensed pharmacy.
20    (v) "Unique identifier" means an electronic signature,
21handwritten signature or initials, thumb print, or other
22acceptable biometric or electronic identification process as
23approved by the Department.
24    (w) "Current usual and customary retail price" means the
25price that a pharmacy charges to a non-third-party payor.
26    (x) "Automated pharmacy system" means a mechanical system

 

 

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1located within the confines of the pharmacy or remote location
2that performs operations or activities, other than compounding
3or administration, relative to storage, packaging, dispensing,
4or distribution of medication, and which collects, controls,
5and maintains all transaction information.
6    (y) "Drug regimen review" means and includes the evaluation
7of prescription drug orders and patient records for (1) known
8allergies; (2) drug or potential therapy contraindications;
9(3) reasonable dose, duration of use, and route of
10administration, taking into consideration factors such as age,
11gender, and contraindications; (4) reasonable directions for
12use; (5) potential or actual adverse drug reactions; (6)
13drug-drug interactions; (7) drug-food interactions; (8)
14drug-disease contraindications; (9) therapeutic duplication;
15(10) patient laboratory values when authorized and available;
16(11) proper utilization (including over or under utilization)
17and optimum therapeutic outcomes; and (12) abuse and misuse.
18    (z) "Electronic transmission prescription" means any
19prescription order for which a facsimile or electronic image of
20the order is electronically transmitted from a licensed
21prescriber to a pharmacy. "Electronic transmission
22prescription" includes both data and image prescriptions.
23    (aa) "Medication therapy management services" means a
24distinct service or group of services offered by licensed
25pharmacists, physicians licensed to practice medicine in all
26its branches, advanced practice nurses authorized in a written

 

 

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1agreement with a physician licensed to practice medicine in all
2its branches, or physician assistants authorized in guidelines
3by a supervising physician that optimize therapeutic outcomes
4for individual patients through improved medication use. In a
5retail or other non-hospital pharmacy, medication therapy
6management services shall consist of the evaluation of
7prescription drug orders and patient medication records to
8resolve conflicts with the following:
9        (1) known allergies;
10        (2) drug or potential therapy contraindications;
11        (3) reasonable dose, duration of use, and route of
12    administration, taking into consideration factors such as
13    age, gender, and contraindications;
14        (4) reasonable directions for use;
15        (5) potential or actual adverse drug reactions;
16        (6) drug-drug interactions;
17        (7) drug-food interactions;
18        (8) drug-disease contraindications;
19        (9) identification of therapeutic duplication;
20        (10) patient laboratory values when authorized and
21    available;
22        (11) proper utilization (including over or under
23    utilization) and optimum therapeutic outcomes; and
24        (12) drug abuse and misuse.
25    "Medication therapy management services" includes the
26following:

 

 

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1        (1) documenting the services delivered and
2    communicating the information provided to patients'
3    prescribers within an appropriate time frame, not to exceed
4    48 hours;
5        (2) providing patient counseling designed to enhance a
6    patient's understanding and the appropriate use of his or
7    her medications; and
8        (3) providing information, support services, and
9    resources designed to enhance a patient's adherence with
10    his or her prescribed therapeutic regimens.
11    "Medication therapy management services" may also include
12patient care functions authorized by a physician licensed to
13practice medicine in all its branches for his or her identified
14patient or groups of patients under specified conditions or
15limitations in a standing order from the physician.
16    "Medication therapy management services" in a licensed
17hospital may also include the following:
18        (1) reviewing assessments of the patient's health
19    status; and
20        (2) following protocols of a hospital pharmacy and
21    therapeutics committee with respect to the fulfillment of
22    medication orders.
23    (bb) "Pharmacist care" means the provision by a pharmacist
24of medication therapy management services, with or without the
25dispensing of drugs or devices, intended to achieve outcomes
26that improve patient health, quality of life, and comfort and

 

 

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1enhance patient safety.
2    (cc) "Protected health information" means individually
3identifiable health information that, except as otherwise
4provided, is:
5        (1) transmitted by electronic media;
6        (2) maintained in any medium set forth in the
7    definition of "electronic media" in the federal Health
8    Insurance Portability and Accountability Act; or
9        (3) transmitted or maintained in any other form or
10    medium.
11    "Protected health information" does not include
12individually identifiable health information found in:
13        (1) education records covered by the federal Family
14    Educational Right and Privacy Act; or
15        (2) employment records held by a licensee in its role
16    as an employer.
17    (dd) "Standing order" means a specific order for a patient
18or group of patients issued by a physician licensed to practice
19medicine in all its branches in Illinois.
20    (ee) "Address of record" means the address recorded by the
21Department in the applicant's or licensee's application file or
22license file, as maintained by the Department's licensure
23maintenance unit.
24    (ff) "Home pharmacy" means the location of a pharmacy's
25primary operations.
26(Source: P.A. 96-339, eff. 7-1-10; 96-673, eff. 1-1-10;

 

 

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196-1000, eff. 7-2-10; 96-1353, eff. 7-28-10; 97-38, eff.
26-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1043,
3eff. 8-21-12.)
 
4    (225 ILCS 85/4)  (from Ch. 111, par. 4124)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 4. Exemptions. Nothing contained in any Section of
7this Act shall apply to, or in any manner interfere with:
8    (a) the lawful practice of any physician licensed to
9practice medicine in all of its branches, dentist, podiatric
10physician podiatrist, veterinarian, or therapeutically or
11diagnostically certified optometrist within the limits of his
12or her license, or prevent him or her from supplying to his or
13her bona fide patients such drugs, medicines, or poisons as may
14seem to him appropriate;
15    (b) the sale of compressed gases;
16    (c) the sale of patent or proprietary medicines and
17household remedies when sold in original and unbroken packages
18only, if such patent or proprietary medicines and household
19remedies be properly and adequately labeled as to content and
20usage and generally considered and accepted as harmless and
21nonpoisonous when used according to the directions on the
22label, and also do not contain opium or coca leaves, or any
23compound, salt or derivative thereof, or any drug which,
24according to the latest editions of the following authoritative
25pharmaceutical treatises and standards, namely, The United

 

 

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1States Pharmacopoeia/National Formulary (USP/NF), the United
2States Dispensatory, and the Accepted Dental Remedies of the
3Council of Dental Therapeutics of the American Dental
4Association or any or either of them, in use on the effective
5date of this Act, or according to the existing provisions of
6the Federal Food, Drug, and Cosmetic Act and Regulations of the
7Department of Health and Human Services, Food and Drug
8Administration, promulgated thereunder now in effect, is
9designated, described or considered as a narcotic, hypnotic,
10habit forming, dangerous, or poisonous drug;
11    (d) the sale of poultry and livestock remedies in original
12and unbroken packages only, labeled for poultry and livestock
13medication;
14    (e) the sale of poisonous substances or mixture of
15poisonous substances, in unbroken packages, for nonmedicinal
16use in the arts or industries or for insecticide purposes;
17provided, they are properly and adequately labeled as to
18content and such nonmedicinal usage, in conformity with the
19provisions of all applicable federal, state and local laws and
20regulations promulgated thereunder now in effect relating
21thereto and governing the same, and those which are required
22under such applicable laws and regulations to be labeled with
23the word "Poison", are also labeled with the word "Poison"
24printed thereon in prominent type and the name of a readily
25obtainable antidote with directions for its administration;
26    (f) the delegation of limited prescriptive authority by a

 

 

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1physician licensed to practice medicine in all its branches to
2a physician assistant under Section 7.5 of the Physician
3Assistant Practice Act of 1987. This delegated authority under
4Section 7.5 of the Physician Assistant Practice Act of 1987
5may, but is not required to, include prescription of controlled
6substances, as defined in Article II of the Illinois Controlled
7Substances Act, in accordance with a written supervision
8agreement; and
9    (g) the delegation of prescriptive authority by a physician
10licensed to practice medicine in all its branches or a licensed
11podiatric physician podiatrist to an advanced practice nurse in
12accordance with a written collaborative agreement under
13Sections 65-35 and 65-40 of the Nurse Practice Act.
14(Source: P.A. 95-639, eff. 10-5-07; 96-189, eff. 8-10-09;
1596-268, eff. 8-11-09.)
 
16    (225 ILCS 85/22)  (from Ch. 111, par. 4142)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 22. Except only in the case of a drug, medicine or
19poison which is lawfully sold or dispensed, at retail, in the
20original and unbroken package of the manufacturer, packer, or
21distributor thereof, and which package bears the original label
22thereon showing the name and address of the manufacturer,
23packer, or distributor thereof, and the name of the drug,
24medicine, or poison therein contained, and the directions for
25its use, no person shall sell or dispense, at retail, any drug,

 

 

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1medicine, or poison, without affixing to the box, bottle,
2vessel, or package containing the same, a label bearing the
3name of the article distinctly shown, and the directions for
4its use, with the name and address of the pharmacy wherein the
5same is sold or dispensed. However, in the case of a drug,
6medicine, or poison which is sold or dispensed pursuant to a
7prescription of a physician licensed to practice medicine in
8all of its branches, licensed dentist, licensed veterinarian,
9licensed podiatric physician podiatrist, or therapeutically or
10diagnostically certified optometrist authorized by law to
11prescribe drugs or medicines or poisons, the label affixed to
12the box, bottle, vessel, or package containing the same shall
13show: (a) the name and address of the pharmacy wherein the same
14is sold or dispensed; (b) the name or initials of the person,
15authorized to practice pharmacy under the provisions of this
16Act, selling or dispensing the same, (c) the date on which such
17prescription was filled; (d) the name of the patient; (e) the
18serial number of such prescription as filed in the prescription
19files; (f) the last name of the practitioner who prescribed
20such prescriptions; (g) the directions for use thereof as
21contained in such prescription; and (h) the proprietary name or
22names or the established name or names of the drugs, the dosage
23and quantity, except as otherwise authorized by regulation of
24the Department.
25(Source: P.A. 95-689, eff. 10-29-07.)
 

 

 

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1    Section 65. The Illinois Physical Therapy Act is amended by
2changing Sections 1 and 17 as follows:
 
3    (225 ILCS 90/1)  (from Ch. 111, par. 4251)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 1. Definitions. As used in this Act:
6    (1) "Physical therapy" means all of the following:
7        (A) Examining, evaluating, and testing individuals who
8    may have mechanical, physiological, or developmental
9    impairments, functional limitations, disabilities, or
10    other health and movement-related conditions, classifying
11    these disorders, determining a rehabilitation prognosis
12    and plan of therapeutic intervention, and assessing the
13    on-going effects of the interventions.
14        (B) Alleviating impairments, functional limitations,
15    or disabilities by designing, implementing, and modifying
16    therapeutic interventions that may include, but are not
17    limited to, the evaluation or treatment of a person through
18    the use of the effective properties of physical measures
19    and heat, cold, light, water, radiant energy, electricity,
20    sound, and air and use of therapeutic massage, therapeutic
21    exercise, mobilization, and rehabilitative procedures,
22    with or without assistive devices, for the purposes of
23    preventing, correcting, or alleviating a physical or
24    mental impairment, functional limitation, or disability.
25        (C) Reducing the risk of injury, impairment,

 

 

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1    functional limitation, or disability, including the
2    promotion and maintenance of fitness, health, and
3    wellness.
4        (D) Engaging in administration, consultation,
5    education, and research.
6    Physical therapy includes, but is not limited to: (a)
7performance of specialized tests and measurements, (b)
8administration of specialized treatment procedures, (c)
9interpretation of referrals from physicians, dentists,
10advanced practice nurses, physician assistants, and podiatric
11physicians podiatrists, (d) establishment, and modification of
12physical therapy treatment programs, (e) administration of
13topical medication used in generally accepted physical therapy
14procedures when such medication is prescribed by the patient's
15physician, licensed to practice medicine in all its branches,
16the patient's physician licensed to practice podiatric
17medicine, the patient's advanced practice nurse, the patient's
18physician assistant, or the patient's dentist, and (f)
19supervision or teaching of physical therapy. Physical therapy
20does not include radiology, electrosurgery, chiropractic
21technique or determination of a differential diagnosis;
22provided, however, the limitation on determining a
23differential diagnosis shall not in any manner limit a physical
24therapist licensed under this Act from performing an evaluation
25pursuant to such license. Nothing in this Section shall limit a
26physical therapist from employing appropriate physical therapy

 

 

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1techniques that he or she is educated and licensed to perform.
2A physical therapist shall refer to a licensed physician,
3advanced practice nurse, physician assistant, dentist, or
4podiatric physician podiatrist any patient whose medical
5condition should, at the time of evaluation or treatment, be
6determined to be beyond the scope of practice of the physical
7therapist.
8    (2) "Physical therapist" means a person who practices
9physical therapy and who has met all requirements as provided
10in this Act.
11    (3) "Department" means the Department of Professional
12Regulation.
13    (4) "Director" means the Director of Professional
14Regulation.
15    (5) "Board" means the Physical Therapy Licensing and
16Disciplinary Board approved by the Director.
17    (6) "Referral" means a written or oral authorization for
18physical therapy services for a patient by a physician,
19dentist, advanced practice nurse, physician assistant, or
20podiatric physician podiatrist who maintains medical
21supervision of the patient and makes a diagnosis or verifies
22that the patient's condition is such that it may be treated by
23a physical therapist.
24    (7) "Documented current and relevant diagnosis" for the
25purpose of this Act means a diagnosis, substantiated by
26signature or oral verification of a physician, dentist,

 

 

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1advanced practice nurse, physician assistant, or podiatric
2physician podiatrist, that a patient's condition is such that
3it may be treated by physical therapy as defined in this Act,
4which diagnosis shall remain in effect until changed by the
5physician, dentist, advanced practice nurse, physician
6assistant, or podiatric physician podiatrist.
7    (8) "State" includes:
8        (a) the states of the United States of America;
9        (b) the District of Columbia; and
10        (c) the Commonwealth of Puerto Rico.
11    (9) "Physical therapist assistant" means a person licensed
12to assist a physical therapist and who has met all requirements
13as provided in this Act and who works under the supervision of
14a licensed physical therapist to assist in implementing the
15physical therapy treatment program as established by the
16licensed physical therapist. The patient care activities
17provided by the physical therapist assistant shall not include
18the interpretation of referrals, evaluation procedures, or the
19planning or major modification of patient programs.
20    (10) "Physical therapy aide" means a person who has
21received on the job training, specific to the facility in which
22he is employed, but who has not completed an approved physical
23therapist assistant program.
24    (11) "Advanced practice nurse" means a person licensed
25under the Nurse Practice Act who has a collaborative agreement
26with a collaborating physician that authorizes referrals to

 

 

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1physical therapists.
2    (12) "Physician assistant" means a person licensed under
3the Physician Assistant Practice Act of 1987 who has been
4delegated authority to make referrals to physical therapists.
5(Source: P.A. 94-651, eff. 1-1-06; 95-639, eff. 10-5-07.)
 
6    (225 ILCS 90/17)  (from Ch. 111, par. 4267)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 17. (1) The Department may refuse to issue or to
9renew, or may revoke, suspend, place on probation, reprimand,
10or take other disciplinary action as the Department deems
11appropriate, including the issuance of fines not to exceed
12$5000, with regard to a license for any one or a combination of
13the following:
14        A. Material misstatement in furnishing information to
15    the Department or otherwise making misleading, deceptive,
16    untrue, or fraudulent representations in violation of this
17    Act or otherwise in the practice of the profession;
18        B. Violations of this Act, or of the rules or
19    regulations promulgated hereunder;
20        C. Conviction of any crime under the laws of the United
21    States or any state or territory thereof which is a felony
22    or which is a misdemeanor, an essential element of which is
23    dishonesty, or of any crime which is directly related to
24    the practice of the profession; conviction, as used in this
25    paragraph, shall include a finding or verdict of guilty, an

 

 

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1    admission of guilt or a plea of nolo contendere;
2        D. Making any misrepresentation for the purpose of
3    obtaining licenses, or violating any provision of this Act
4    or the rules promulgated thereunder pertaining to
5    advertising;
6        E. A pattern of practice or other behavior which
7    demonstrates incapacity or incompetency to practice under
8    this Act;
9        F. Aiding or assisting another person in violating any
10    provision of this Act or Rules;
11        G. Failing, within 60 days, to provide information in
12    response to a written request made by the Department;
13        H. Engaging in dishonorable, unethical or
14    unprofessional conduct of a character likely to deceive,
15    defraud or harm the public. Unprofessional conduct shall
16    include any departure from or the failure to conform to the
17    minimal standards of acceptable and prevailing physical
18    therapy practice, in which proceeding actual injury to a
19    patient need not be established;
20        I. Unlawful distribution of any drug or narcotic, or
21    unlawful conversion of any drug or narcotic not belonging
22    to the person for such person's own use or benefit or for
23    other than medically accepted therapeutic purposes;
24        J. Habitual or excessive use or addiction to alcohol,
25    narcotics, stimulants, or any other chemical agent or drug
26    which results in a physical therapist's or physical

 

 

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1    therapist assistant's inability to practice with
2    reasonable judgment, skill or safety;
3        K. Revocation or suspension of a license to practice
4    physical therapy as a physical therapist or physical
5    therapist assistant or the taking of other disciplinary
6    action by the proper licensing authority of another state,
7    territory or country;
8        L. Directly or indirectly giving to or receiving from
9    any person, firm, corporation, partnership, or association
10    any fee, commission, rebate or other form of compensation
11    for any professional services not actually or personally
12    rendered. Nothing contained in this paragraph prohibits
13    persons holding valid and current licenses under this Act
14    from practicing physical therapy in partnership under a
15    partnership agreement, including a limited liability
16    partnership, a limited liability company, or a corporation
17    under the Professional Service Corporation Act or from
18    pooling, sharing, dividing, or apportioning the fees and
19    monies received by them or by the partnership, company, or
20    corporation in accordance with the partnership agreement
21    or the policies of the company or professional corporation.
22    Nothing in this paragraph (L) affects any bona fide
23    independent contractor or employment arrangements among
24    health care professionals, health facilities, health care
25    providers, or other entities, except as otherwise
26    prohibited by law. Any employment arrangements may include

 

 

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1    provisions for compensation, health insurance, pension, or
2    other employment benefits for the provision of services
3    within the scope of the licensee's practice under this Act.
4    Nothing in this paragraph (L) shall be construed to require
5    an employment arrangement to receive professional fees for
6    services rendered;
7        M. A finding by the Board that the licensee after
8    having his or her license placed on probationary status has
9    violated the terms of probation;
10        N. Abandonment of a patient;
11        O. Willfully failing to report an instance of suspected
12    child abuse or neglect as required by the Abused and
13    Neglected Child Reporting Act;
14        P. Willfully failing to report an instance of suspected
15    elder abuse or neglect as required by the Elder Abuse
16    Reporting Act;
17        Q. Physical illness, including but not limited to,
18    deterioration through the aging process, or loss of motor
19    skill which results in the inability to practice the
20    profession with reasonable judgement, skill or safety;
21        R. The use of any words (such as physical therapy,
22    physical therapist physiotherapy or physiotherapist),
23    abbreviations, figures or letters with the intention of
24    indicating practice as a licensed physical therapist
25    without a valid license as a physical therapist issued
26    under this Act;

 

 

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1        S. The use of the term physical therapist assistant, or
2    abbreviations, figures, or letters with the intention of
3    indicating practice as a physical therapist assistant
4    without a valid license as a physical therapist assistant
5    issued under this Act;
6        T. Willfully violating or knowingly assisting in the
7    violation of any law of this State relating to the practice
8    of abortion;
9        U. Continued practice by a person knowingly having an
10    infectious, communicable or contagious disease;
11        V. Having treated ailments of human beings otherwise
12    than by the practice of physical therapy as defined in this
13    Act, or having treated ailments of human beings as a
14    licensed physical therapist independent of a documented
15    referral or a documented current and relevant diagnosis
16    from a physician, dentist, advanced practice nurse,
17    physician assistant, or podiatric physician podiatrist, or
18    having failed to notify the physician, dentist, advanced
19    practice nurse, physician assistant, or podiatric
20    physician podiatrist who established a documented current
21    and relevant diagnosis that the patient is receiving
22    physical therapy pursuant to that diagnosis;
23        W. Being named as a perpetrator in an indicated report
24    by the Department of Children and Family Services pursuant
25    to the Abused and Neglected Child Reporting Act, and upon
26    proof by clear and convincing evidence that the licensee

 

 

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1    has caused a child to be an abused child or neglected child
2    as defined in the Abused and Neglected Child Reporting Act;
3        X. Interpretation of referrals, performance of
4    evaluation procedures, planning or making major
5    modifications of patient programs by a physical therapist
6    assistant;
7        Y. Failure by a physical therapist assistant and
8    supervising physical therapist to maintain continued
9    contact, including periodic personal supervision and
10    instruction, to insure safety and welfare of patients;
11        Z. Violation of the Health Care Worker Self-Referral
12    Act.
13    (2) The determination by a circuit court that a licensee is
14subject to involuntary admission or judicial admission as
15provided in the Mental Health and Developmental Disabilities
16Code operates as an automatic suspension. Such suspension will
17end only upon a finding by a court that the patient is no
18longer subject to involuntary admission or judicial admission
19and the issuance of an order so finding and discharging the
20patient; and upon the recommendation of the Board to the
21Director that the licensee be allowed to resume his practice.
22    (3) The Department may refuse to issue or may suspend the
23license of any person who fails to file a return, or to pay the
24tax, penalty or interest shown in a filed return, or to pay any
25final assessment of tax, penalty or interest, as required by
26any tax Act administered by the Illinois Department of Revenue,

 

 

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1until such time as the requirements of any such tax Act are
2satisfied.
3(Source: P.A. 96-1482, eff. 11-29-10.)
 
4    Section 70. The Podiatric Medical Practice Act of 1987 is
5amended by changing Sections 11, 20.5, and 24.2 as follows:
 
6    (225 ILCS 100/11)  (from Ch. 111, par. 4811)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 11. Practice without a license forbidden and
9exceptions. A. It shall be deemed prima facie evidence of the
10practice of podiatric medicine or of holding one's self out as
11a podiatric physician within the meaning of this Act, for any
12person to diagnose the ailments of, or to treat in any manner
13the human foot by medical, physical or surgical methods, or to
14use the title "podiatric physician" or "podiatrist" podiatrist
15or any words or letters which indicate or tend to indicate to
16the public that the person so treating or so holding himself or
17herself out is a podiatric physician.
18    B. No person, except as provided in Section 3 of this Act,
19shall provide any type of diagnostic and therapeutic medical
20care services of the human foot unless under the supervision of
21a licensed podiatric physician.
22    C. Persons suitably trained and qualified may render, only
23under the direction of a podiatric physician licensed under
24this Act, such patient tests and services as diagnostic imaging

 

 

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1procedures, laboratory studies and other appropriate patient
2services connected with comprehensive foot care which may be
3consistent with the diagnosis and treatment selected by the
4podiatric physician. This Section shall apply to podiatric
5medical care provided in all settings, including, but not
6limited to: long term facilities, mental health facilities,
7hospitals, medical offices and public health clinics.
8(Source: P.A. 85-918.)
 
9    (225 ILCS 100/20.5)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 20.5. Delegation of authority to advanced practice
12nurses.
13    (a) A podiatric physician podiatrist in active clinical
14practice may collaborate with an advanced practice nurse in
15accordance with the requirements of the Nurse Practice Act.
16Collaboration shall be for the purpose of providing podiatric
17consultation and no employment relationship shall be required.
18A written collaborative agreement shall conform to the
19requirements of Section 65-35 of the Nurse Practice Act. The
20written collaborative agreement shall be for services the
21collaborating podiatric physician podiatrist generally
22provides to his or her patients in the normal course of
23clinical podiatric practice, except as set forth in item (3) of
24this subsection (a). A written collaborative agreement and
25podiatric physician podiatric collaboration and consultation

 

 

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1shall be adequate with respect to advanced practice nurses if
2all of the following apply:
3        (1) The agreement is written to promote the exercise of
4    professional judgment by the advanced practice nurse
5    commensurate with his or her education and experience. The
6    agreement need not describe the exact steps that an
7    advanced practice nurse must take with respect to each
8    specific condition, disease, or symptom, but must specify
9    which procedures require a podiatric physician's
10    podiatrist's presence as the procedures are being
11    performed.
12        (2) Practice guidelines and orders are developed and
13    approved jointly by the advanced practice nurse and
14    collaborating podiatric physician podiatrist, as needed,
15    based on the practice of the practitioners. Such guidelines
16    and orders and the patient services provided thereunder are
17    periodically reviewed by the collaborating podiatric
18    physician podiatrist.
19        (3) The advance practice nurse provides services that
20    the collaborating podiatric physician podiatrist generally
21    provides to his or her patients in the normal course of
22    clinical practice. With respect to the provision of
23    anesthesia services by a certified registered nurse
24    anesthetist, the collaborating podiatric physician
25    podiatrist must have training and experience in the
26    delivery of anesthesia consistent with Department rules.

 

 

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1        (4) The collaborating podiatric physician podiatrist
2    and the advanced practice nurse consult at least once a
3    month to provide collaboration and consultation.
4        (5) Methods of communication are available with the
5    collaborating podiatric physician podiatrist in person or
6    through telecommunications for consultation,
7    collaboration, and referral as needed to address patient
8    care needs.
9        (6) With respect to the provision of anesthesia
10    services by a certified registered nurse anesthetist, an
11    anesthesiologist, physician, or podiatric physician
12    podiatrist shall participate through discussion of and
13    agreement with the anesthesia plan and shall remain
14    physically present and be available on the premises during
15    the delivery of anesthesia services for diagnosis,
16    consultation, and treatment of emergency medical
17    conditions. The anesthesiologist or operating podiatric
18    physician podiatrist must agree with the anesthesia plan
19    prior to the delivery of services.
20        (7) The agreement contains provisions detailing notice
21    for termination or change of status involving a written
22    collaborative agreement, except when such notice is given
23    for just cause.
24    (b) The collaborating podiatric physician podiatrist shall
25have access to the records of all patients attended to by an
26advanced practice nurse.

 

 

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1    (c) Nothing in this Section shall be construed to limit the
2delegation of tasks or duties by a podiatric physician
3podiatrist to a licensed practical nurse, a registered
4professional nurse, or other appropriately trained persons.
5    (d) A podiatric physician podiatrist shall not be liable
6for the acts or omissions of an advanced practice nurse solely
7on the basis of having signed guidelines or a collaborative
8agreement, an order, a standing order, a standing delegation
9order, or other order or guideline authorizing an advanced
10practice nurse to perform acts, unless the podiatric physician
11podiatrist has reason to believe the advanced practice nurse
12lacked the competency to perform the act or acts or commits
13willful or wanton misconduct.
14    (e) A podiatric physician podiatrist, may, but is not
15required to delegate prescriptive authority to an advanced
16practice nurse as part of a written collaborative agreement and
17the delegation of prescriptive authority shall conform to the
18requirements of Section 65-40 of the Nurse Practice Act.
19(Source: P.A. 96-618, eff. 1-1-10; 97-358, eff. 8-12-11;
2097-813, eff. 7-13-12.)
 
21    (225 ILCS 100/24.2)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 24.2. Prohibition against fee splitting.
24    (a) A licensee under this Act may not directly or
25indirectly divide, share, or split any professional fee or

 

 

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1other form of compensation for professional services with
2anyone in exchange for a referral or otherwise, other than as
3provided in this Section 24.2.
4    (b) Nothing contained in this Section abrogates the right
5of 2 or more licensed health care workers as defined in the
6Health Care Worker Self-Referral Act to each receive adequate
7compensation for concurrently rendering services to a patient
8and to divide the fee for such service, whether or not the
9worker is employed, provided that the patient has full
10knowledge of the division and the division is made in
11proportion to the actual services personally performed and
12responsibility assumed by each licensee consistent with his or
13her license, except as prohibited by law.
14    (c) Nothing contained in this Section prohibits a licensee
15under this Act from practicing podiatry through or within any
16form of legal entity authorized to conduct business in this
17State or from pooling, sharing, dividing, or apportioning the
18professional fees and other revenues in accordance with the
19agreements and policies of the entity provided:
20        (1) each owner of the entity is licensed under this
21    Act; or
22        (2) the entity is organized under the Professional
23    Services Corporation Act, the Professional Association
24    Act, or the Limited Liability Company Act; or
25        (3) the entity is allowed by Illinois law to provide
26    podiatry services or employ podiatric physicians

 

 

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1    podiatrists such as a licensed hospital or hospital
2    affiliate or licensed ambulatory surgical treatment center
3    owned in full or in part by Illinois-licensed physicians;
4    or
5        (4) the entity is a combination or joint venture of the
6    entities authorized under this subsection (c).
7    (d) Nothing contained in this Section prohibits a licensee
8under this Act from paying a fair market value fee to any
9person or entity whose purpose is to perform billing,
10administrative preparation, or collection services based upon
11a percentage of professional service fees billed or collected,
12a flat fee, or any other arrangement that directly or
13indirectly divides professional fees, for the administrative
14preparation of the licensee's claims or the collection of the
15licensee's charges for professional services, provided that:
16        (1) the licensee or the licensee's practice under
17    subsection (c) of this Section at all times controls the
18    amount of fees charged and collected; and
19        (2) all charges collected are paid directly to the
20    licensee or the licensee's practice or are deposited
21    directly into an account in the name of and under the sole
22    control of the licensee or the licensee's practice or
23    deposited into a "Trust Account" by a licensed collection
24    agency in accordance with the requirements of Section 8(c)
25    of the Illinois Collection Agency Act.
26    (e) Nothing contained in this Section prohibits the

 

 

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1granting of a security interest in the accounts receivable or
2fees of a licensee under this Act or the licensee's practice
3for bona fide advances made to the licensee or licensee's
4practice provided the licensee retains control and
5responsibility for the collection of the accounts receivable
6and fees.
7    (f) Excluding payments that may be made to the owners of or
8licensees in the licensee's practice under subsection (c) of
9this Section, a licensee under this Act may not divide, share
10or split a professional service fee with, or otherwise directly
11or indirectly pay a percentage of the licensee's professional
12service fees, revenues or profits to anyone for: (i) the
13marketing or management of the licensee's practice, (ii)
14including the licensee or the licensee's practice on any
15preferred provider list, (iii) allowing the licensee to
16participate in any network of health care providers, (iv)
17negotiating fees, charges or terms of service or payment on
18behalf of the licensee, or (v) including the licensee in a
19program whereby patients or beneficiaries are provided an
20incentive to use the services of the licensee.
21    (g) Nothing contained in this Section prohibits the payment
22of rent or other remunerations paid to an individual,
23partnership, or corporation by a licensee for the lease,
24rental, or use of space, owned or controlled by the individual,
25partnership, corporation, or association.
26    (h) Nothing contained in this Section prohibits the

 

 

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1payment, at no more than fair market value, to an individual,
2partnership, or corporation by a licensee for the use of staff,
3administrative services, franchise agreements, marketing
4required by franchise agreements, or equipment owned or
5controlled by the individual, partnership, or corporation, or
6the receipt thereof by a licensee.
7    (i) Nothing in this Section affects any bona fide
8independent contractor or employment arrangements among health
9care professionals, health facilities, health care providers,
10or other entities, except as otherwise prohibited by law. Any
11employment arrangements may include provisions for
12compensation, health insurance, pension, or other employment
13benefits for the provision of services within the scope of the
14licensee's practice under this Act. Nothing in this Section
15shall be construed to require an employment arrangement to
16receive professional fees for services rendered.
17(Source: P.A. 96-1158, eff. 1-1-11; incorporates P.A. 96-1482,
18eff. 11-29-11; 97-813, eff. 7-13-12.)
 
19    Section 75. The Registered Surgical Assistant and
20Registered Surgical Technologist Title Protection Act is
21amended by changing Section 10 as follows:
 
22    (225 ILCS 130/10)
23    (Section scheduled to be repealed on January 1, 2014)
24    Sec. 10. Definitions. As used in this Act:

 

 

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1    "Department" means the Department of Professional
2Regulation.
3    "Direct supervision" means supervision by an operating
4physician, licensed podiatric physician podiatrist, or
5licensed dentist who is physically present and who personally
6directs delegated acts and remains available to personally
7respond to an emergency until the patient is released from the
8operating room. A registered professional nurse may also
9provide direct supervision within the scope of his or her
10license. A registered surgical assistant or registered
11surgical technologist shall perform duties as assigned.
12    "Director" means the Director of Professional Regulation.
13    "Physician" or "operating physician" means a person
14licensed to practice medicine in all of its branches under the
15Medical Practice Act of 1987.
16    "Registered surgical assistant" means a person who (i) is
17not licensed to practice medicine in all of its branches, (ii)
18is certified by the National Surgical Assistant Association on
19the Certification of Surgical Assistants, the Liaison Council
20on Certification for the Surgical Technologist as a certified
21first assistant, or the American Board of Surgical Assisting,
22(iii) performs duties under direct supervision, (iv) provides
23services only in a licensed hospital, ambulatory treatment
24center, or office of a physician licensed to practice medicine
25in all its branches, and (v) is registered under this Act.
26    "Registered surgical technologist" means a person who (i)

 

 

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1is not a physician licensed to practice medicine in all of its
2branches, (ii) is certified by the Liaison Council on
3Certification for the Surgical Technologist, (iii) performs
4duties under direct supervision, (iv) provides services only in
5a licensed hospital, ambulatory treatment center, or office of
6a physician licensed to practice medicine in all its branches,
7and (v) is registered under this Act.
8(Source: P.A. 93-280, eff. 7-1-04.)
 
9    Section 80. The Illinois Public Aid Code is amended by
10changing Section 12-4.25 as follows:
 
11    (305 ILCS 5/12-4.25)  (from Ch. 23, par. 12-4.25)
12    Sec. 12-4.25. Medical assistance program; vendor
13participation.
14    (A) The Illinois Department may deny, suspend, or terminate
15the eligibility of any person, firm, corporation, association,
16agency, institution or other legal entity to participate as a
17vendor of goods or services to recipients under the medical
18assistance program under Article V, or may exclude any such
19person or entity from participation as such a vendor, and may
20deny, suspend, or recover payments, if after reasonable notice
21and opportunity for a hearing the Illinois Department finds:
22        (a) Such vendor is not complying with the Department's
23    policy or rules and regulations, or with the terms and
24    conditions prescribed by the Illinois Department in its

 

 

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1    vendor agreement, which document shall be developed by the
2    Department as a result of negotiations with each vendor
3    category, including physicians, hospitals, long term care
4    facilities, pharmacists, optometrists, podiatric
5    physicians podiatrists and dentists setting forth the
6    terms and conditions applicable to the participation of
7    each vendor group in the program; or
8        (b) Such vendor has failed to keep or make available
9    for inspection, audit or copying, after receiving a written
10    request from the Illinois Department, such records
11    regarding payments claimed for providing services. This
12    section does not require vendors to make available patient
13    records of patients for whom services are not reimbursed
14    under this Code; or
15        (c) Such vendor has failed to furnish any information
16    requested by the Department regarding payments for
17    providing goods or services; or
18        (d) Such vendor has knowingly made, or caused to be
19    made, any false statement or representation of a material
20    fact in connection with the administration of the medical
21    assistance program; or
22        (e) Such vendor has furnished goods or services to a
23    recipient which are (1) in excess of need, (2) harmful, or
24    (3) of grossly inferior quality, all of such determinations
25    to be based upon competent medical judgment and
26    evaluations; or

 

 

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1        (f) The vendor; a person with management
2    responsibility for a vendor; an officer or person owning,
3    either directly or indirectly, 5% or more of the shares of
4    stock or other evidences of ownership in a corporate
5    vendor; an owner of a sole proprietorship which is a
6    vendor; or a partner in a partnership which is a vendor,
7    either:
8            (1) was previously terminated, suspended, or
9        excluded from participation in the Illinois medical
10        assistance program, or was terminated, suspended, or
11        excluded from participation in another state or
12        federal medical assistance or health care program; or
13            (2) was a person with management responsibility
14        for a vendor previously terminated, suspended, or
15        excluded from participation in the Illinois medical
16        assistance program, or terminated, suspended, or
17        excluded from participation in another state or
18        federal medical assistance or health care program
19        during the time of conduct which was the basis for that
20        vendor's termination, suspension, or exclusion; or
21            (3) was an officer, or person owning, either
22        directly or indirectly, 5% or more of the shares of
23        stock or other evidences of ownership in a corporate or
24        limited liability company vendor previously
25        terminated, suspended, or excluded from participation
26        in the Illinois medical assistance program, or

 

 

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1        terminated, suspended, or excluded from participation
2        in a state or federal medical assistance or health care
3        program during the time of conduct which was the basis
4        for that vendor's termination, suspension, or
5        exclusion; or
6            (4) was an owner of a sole proprietorship or
7        partner of a partnership previously terminated,
8        suspended, or excluded from participation in the
9        Illinois medical assistance program, or terminated,
10        suspended, or excluded from participation in a state or
11        federal medical assistance or health care program
12        during the time of conduct which was the basis for that
13        vendor's termination, suspension, or exclusion; or
14        (f-1) Such vendor has a delinquent debt owed to the
15    Illinois Department; or
16        (g) The vendor; a person with management
17    responsibility for a vendor; an officer or person owning,
18    either directly or indirectly, 5% or more of the shares of
19    stock or other evidences of ownership in a corporate or
20    limited liability company vendor; an owner of a sole
21    proprietorship which is a vendor; or a partner in a
22    partnership which is a vendor, either:
23            (1) has engaged in practices prohibited by
24        applicable federal or State law or regulation; or
25            (2) was a person with management responsibility
26        for a vendor at the time that such vendor engaged in

 

 

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1        practices prohibited by applicable federal or State
2        law or regulation; or
3            (3) was an officer, or person owning, either
4        directly or indirectly, 5% or more of the shares of
5        stock or other evidences of ownership in a vendor at
6        the time such vendor engaged in practices prohibited by
7        applicable federal or State law or regulation; or
8            (4) was an owner of a sole proprietorship or
9        partner of a partnership which was a vendor at the time
10        such vendor engaged in practices prohibited by
11        applicable federal or State law or regulation; or
12        (h) The direct or indirect ownership of the vendor
13    (including the ownership of a vendor that is a sole
14    proprietorship, a partner's interest in a vendor that is a
15    partnership, or ownership of 5% or more of the shares of
16    stock or other evidences of ownership in a corporate
17    vendor) has been transferred by an individual who is
18    terminated, suspended, or excluded or barred from
19    participating as a vendor to the individual's spouse,
20    child, brother, sister, parent, grandparent, grandchild,
21    uncle, aunt, niece, nephew, cousin, or relative by
22    marriage.
23    (A-5) The Illinois Department may deny, suspend, or
24terminate the eligibility of any person, firm, corporation,
25association, agency, institution, or other legal entity to
26participate as a vendor of goods or services to recipients

 

 

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1under the medical assistance program under Article V, or may
2exclude any such person or entity from participation as such a
3vendor, if, after reasonable notice and opportunity for a
4hearing, the Illinois Department finds that the vendor; a
5person with management responsibility for a vendor; an officer
6or person owning, either directly or indirectly, 5% or more of
7the shares of stock or other evidences of ownership in a
8corporate vendor; an owner of a sole proprietorship that is a
9vendor; or a partner in a partnership that is a vendor has been
10convicted of an offense based on fraud or willful
11misrepresentation related to any of the following:
12        (1) The medical assistance program under Article V of
13    this Code.
14        (2) A medical assistance or health care program in
15    another state.
16        (3) The Medicare program under Title XVIII of the
17    Social Security Act.
18        (4) The provision of health care services.
19        (5) A violation of this Code, as provided in Article
20    VIIIA, or another state or federal medical assistance
21    program or health care program.
22    (A-10) The Illinois Department may deny, suspend, or
23terminate the eligibility of any person, firm, corporation,
24association, agency, institution, or other legal entity to
25participate as a vendor of goods or services to recipients
26under the medical assistance program under Article V, or may

 

 

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1exclude any such person or entity from participation as such a
2vendor, if, after reasonable notice and opportunity for a
3hearing, the Illinois Department finds that (i) the vendor,
4(ii) a person with management responsibility for a vendor,
5(iii) an officer or person owning, either directly or
6indirectly, 5% or more of the shares of stock or other
7evidences of ownership in a corporate vendor, (iv) an owner of
8a sole proprietorship that is a vendor, or (v) a partner in a
9partnership that is a vendor has been convicted of an offense
10related to any of the following:
11        (1) Murder.
12        (2) A Class X felony under the Criminal Code of 1961.
13        (3) Sexual misconduct that may subject recipients to an
14    undue risk of harm.
15        (4) A criminal offense that may subject recipients to
16    an undue risk of harm.
17        (5) A crime of fraud or dishonesty.
18        (6) A crime involving a controlled substance.
19        (7) A misdemeanor relating to fraud, theft,
20    embezzlement, breach of fiduciary responsibility, or other
21    financial misconduct related to a health care program.
22    (A-15) The Illinois Department may deny the eligibility of
23any person, firm, corporation, association, agency,
24institution, or other legal entity to participate as a vendor
25of goods or services to recipients under the medical assistance
26program under Article V if, after reasonable notice and

 

 

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1opportunity for a hearing, the Illinois Department finds:
2        (1) The applicant or any person with management
3    responsibility for the applicant; an officer or member of
4    the board of directors of an applicant; an entity owning
5    (directly or indirectly) 5% or more of the shares of stock
6    or other evidences of ownership in a corporate vendor
7    applicant; an owner of a sole proprietorship applicant; a
8    partner in a partnership applicant; or a technical or other
9    advisor to an applicant has a debt owed to the Illinois
10    Department, and no payment arrangements acceptable to the
11    Illinois Department have been made by the applicant.
12        (2) The applicant or any person with management
13    responsibility for the applicant; an officer or member of
14    the board of directors of an applicant; an entity owning
15    (directly or indirectly) 5% or more of the shares of stock
16    or other evidences of ownership in a corporate vendor
17    applicant; an owner of a sole proprietorship applicant; a
18    partner in a partnership vendor applicant; or a technical
19    or other advisor to an applicant was (i) a person with
20    management responsibility, (ii) an officer or member of the
21    board of directors of an applicant, (iii) an entity owning
22    (directly or indirectly) 5% or more of the shares of stock
23    or other evidences of ownership in a corporate vendor, (iv)
24    an owner of a sole proprietorship, (v) a partner in a
25    partnership vendor, (vi) a technical or other advisor to a
26    vendor, during a period of time where the conduct of that

 

 

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1    vendor resulted in a debt owed to the Illinois Department,
2    and no payment arrangements acceptable to the Illinois
3    Department have been made by that vendor.
4        (3) There is a credible allegation of the use,
5    transfer, or lease of assets of any kind to an applicant
6    from a current or prior vendor who has a debt owed to the
7    Illinois Department, no payment arrangements acceptable to
8    the Illinois Department have been made by that vendor or
9    the vendor's alternate payee, and the applicant knows or
10    should have known of such debt.
11        (4) There is a credible allegation of a transfer of
12    management responsibilities, or direct or indirect
13    ownership, to an applicant from a current or prior vendor
14    who has a debt owed to the Illinois Department, and no
15    payment arrangements acceptable to the Illinois Department
16    have been made by that vendor or the vendor's alternate
17    payee, and the applicant knows or should have known of such
18    debt.
19        (5) There is a credible allegation of the use,
20    transfer, or lease of assets of any kind to an applicant
21    who is a spouse, child, brother, sister, parent,
22    grandparent, grandchild, uncle, aunt, niece, relative by
23    marriage, nephew, cousin, or relative of a current or prior
24    vendor who has a debt owed to the Illinois Department and
25    no payment arrangements acceptable to the Illinois
26    Department have been made.

 

 

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1        (6) There is a credible allegation that the applicant's
2    previous affiliations with a provider of medical services
3    that has an uncollected debt, a provider that has been or
4    is subject to a payment suspension under a federal health
5    care program, or a provider that has been previously
6    excluded from participation in the medical assistance
7    program, poses a risk of fraud, waste, or abuse to the
8    Illinois Department.
9    As used in this subsection, "credible allegation" is
10defined to include an allegation from any source, including,
11but not limited to, fraud hotline complaints, claims data
12mining, patterns identified through provider audits, civil
13actions filed under the Illinois False Claims Act, and law
14enforcement investigations. An allegation is considered to be
15credible when it has indicia of reliability.
16    (B) The Illinois Department shall deny, suspend or
17terminate the eligibility of any person, firm, corporation,
18association, agency, institution or other legal entity to
19participate as a vendor of goods or services to recipients
20under the medical assistance program under Article V, or may
21exclude any such person or entity from participation as such a
22vendor:
23        (1) immediately, if such vendor is not properly
24    licensed, certified, or authorized;
25        (2) within 30 days of the date when such vendor's
26    professional license, certification or other authorization

 

 

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1    has been refused renewal, restricted, revoked, suspended,
2    or otherwise terminated; or
3        (3) if such vendor has been convicted of a violation of
4    this Code, as provided in Article VIIIA.
5    (C) Upon termination, suspension, or exclusion of a vendor
6of goods or services from participation in the medical
7assistance program authorized by this Article, a person with
8management responsibility for such vendor during the time of
9any conduct which served as the basis for that vendor's
10termination, suspension, or exclusion is barred from
11participation in the medical assistance program.
12    Upon termination, suspension, or exclusion of a corporate
13vendor, the officers and persons owning, directly or
14indirectly, 5% or more of the shares of stock or other
15evidences of ownership in the vendor during the time of any
16conduct which served as the basis for that vendor's
17termination, suspension, or exclusion are barred from
18participation in the medical assistance program. A person who
19owns, directly or indirectly, 5% or more of the shares of stock
20or other evidences of ownership in a terminated, suspended, or
21excluded vendor may not transfer his or her ownership interest
22in that vendor to his or her spouse, child, brother, sister,
23parent, grandparent, grandchild, uncle, aunt, niece, nephew,
24cousin, or relative by marriage.
25    Upon termination, suspension, or exclusion of a sole
26proprietorship or partnership, the owner or partners during the

 

 

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1time of any conduct which served as the basis for that vendor's
2termination, suspension, or exclusion are barred from
3participation in the medical assistance program. The owner of a
4terminated, suspended, or excluded vendor that is a sole
5proprietorship, and a partner in a terminated, suspended, or
6excluded vendor that is a partnership, may not transfer his or
7her ownership or partnership interest in that vendor to his or
8her spouse, child, brother, sister, parent, grandparent,
9grandchild, uncle, aunt, niece, nephew, cousin, or relative by
10marriage.
11    A person who owns, directly or indirectly, 5% or more of
12the shares of stock or other evidences of ownership in a
13corporate or limited liability company vendor who owes a debt
14to the Department, if that vendor has not made payment
15arrangements acceptable to the Department, shall not transfer
16his or her ownership interest in that vendor, or vendor assets
17of any kind, to his or her spouse, child, brother, sister,
18parent, grandparent, grandchild, uncle, aunt, niece, nephew,
19cousin, or relative by marriage.
20    Rules adopted by the Illinois Department to implement these
21provisions shall specifically include a definition of the term
22"management responsibility" as used in this Section. Such
23definition shall include, but not be limited to, typical job
24titles, and duties and descriptions which will be considered as
25within the definition of individuals with management
26responsibility for a provider.

 

 

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1    A vendor or a prior vendor who has been terminated,
2excluded, or suspended from the medical assistance program, or
3from another state or federal medical assistance or health care
4program, and any individual currently or previously barred from
5the medical assistance program, or from another state or
6federal medical assistance or health care program, as a result
7of being an officer or a person owning, directly or indirectly,
85% or more of the shares of stock or other evidences of
9ownership in a corporate or limited liability company vendor
10during the time of any conduct which served as the basis for
11that vendor's termination, suspension, or exclusion, may be
12required to post a surety bond as part of a condition of
13enrollment or participation in the medical assistance program.
14The Illinois Department shall establish, by rule, the criteria
15and requirements for determining when a surety bond must be
16posted and the value of the bond.
17    A vendor or a prior vendor who has a debt owed to the
18Illinois Department and any individual currently or previously
19barred from the medical assistance program, or from another
20state or federal medical assistance or health care program, as
21a result of being an officer or a person owning, directly or
22indirectly, 5% or more of the shares of stock or other
23evidences of ownership in that corporate or limited liability
24company vendor during the time of any conduct which served as
25the basis for the debt, may be required to post a surety bond
26as part of a condition of enrollment or participation in the

 

 

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1medical assistance program. The Illinois Department shall
2establish, by rule, the criteria and requirements for
3determining when a surety bond must be posted and the value of
4the bond.
5    (D) If a vendor has been suspended from the medical
6assistance program under Article V of the Code, the Director
7may require that such vendor correct any deficiencies which
8served as the basis for the suspension. The Director shall
9specify in the suspension order a specific period of time,
10which shall not exceed one year from the date of the order,
11during which a suspended vendor shall not be eligible to
12participate. At the conclusion of the period of suspension the
13Director shall reinstate such vendor, unless he finds that such
14vendor has not corrected deficiencies upon which the suspension
15was based.
16    If a vendor has been terminated, suspended, or excluded
17from the medical assistance program under Article V, such
18vendor shall be barred from participation for at least one
19year, except that if a vendor has been terminated, suspended,
20or excluded based on a conviction of a violation of Article
21VIIIA or a conviction of a felony based on fraud or a willful
22misrepresentation related to (i) the medical assistance
23program under Article V, (ii) a federal or another state's
24medical assistance or health care program, or (iii) the
25provision of health care services, then the vendor shall be
26barred from participation for 5 years or for the length of the

 

 

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1vendor's sentence for that conviction, whichever is longer. At
2the end of one year a vendor who has been terminated,
3suspended, or excluded may apply for reinstatement to the
4program. Upon proper application to be reinstated such vendor
5may be deemed eligible by the Director providing that such
6vendor meets the requirements for eligibility under this Code.
7If such vendor is deemed not eligible for reinstatement, he
8shall be barred from again applying for reinstatement for one
9year from the date his application for reinstatement is denied.
10    A vendor whose termination, suspension, or exclusion from
11participation in the Illinois medical assistance program under
12Article V was based solely on an action by a governmental
13entity other than the Illinois Department may, upon
14reinstatement by that governmental entity or upon reversal of
15the termination, suspension, or exclusion, apply for
16rescission of the termination, suspension, or exclusion from
17participation in the Illinois medical assistance program. Upon
18proper application for rescission, the vendor may be deemed
19eligible by the Director if the vendor meets the requirements
20for eligibility under this Code.
21    If a vendor has been terminated, suspended, or excluded and
22reinstated to the medical assistance program under Article V
23and the vendor is terminated, suspended, or excluded a second
24or subsequent time from the medical assistance program, the
25vendor shall be barred from participation for at least 2 years,
26except that if a vendor has been terminated, suspended, or

 

 

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1excluded a second time based on a conviction of a violation of
2Article VIIIA or a conviction of a felony based on fraud or a
3willful misrepresentation related to (i) the medical
4assistance program under Article V, (ii) a federal or another
5state's medical assistance or health care program, or (iii) the
6provision of health care services, then the vendor shall be
7barred from participation for life. At the end of 2 years, a
8vendor who has been terminated, suspended, or excluded may
9apply for reinstatement to the program. Upon application to be
10reinstated, the vendor may be deemed eligible if the vendor
11meets the requirements for eligibility under this Code. If the
12vendor is deemed not eligible for reinstatement, the vendor
13shall be barred from again applying for reinstatement for 2
14years from the date the vendor's application for reinstatement
15is denied.
16    (E) The Illinois Department may recover money improperly or
17erroneously paid, or overpayments, either by setoff, crediting
18against future billings or by requiring direct repayment to the
19Illinois Department. The Illinois Department may suspend or
20deny payment, in whole or in part, if such payment would be
21improper or erroneous or would otherwise result in overpayment.
22        (1) Payments may be suspended, denied, or recovered
23    from a vendor or alternate payee: (i) for services rendered
24    in violation of the Illinois Department's provider
25    notices, statutes, rules, and regulations; (ii) for
26    services rendered in violation of the terms and conditions

 

 

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1    prescribed by the Illinois Department in its vendor
2    agreement; (iii) for any vendor who fails to grant the
3    Office of Inspector General timely access to full and
4    complete records, including, but not limited to, records
5    relating to recipients under the medical assistance
6    program for the most recent 6 years, in accordance with
7    Section 140.28 of Title 89 of the Illinois Administrative
8    Code, and other information for the purpose of audits,
9    investigations, or other program integrity functions,
10    after reasonable written request by the Inspector General;
11    this subsection (E) does not require vendors to make
12    available the medical records of patients for whom services
13    are not reimbursed under this Code or to provide access to
14    medical records more than 6 years old; (iv) when the vendor
15    has knowingly made, or caused to be made, any false
16    statement or representation of a material fact in
17    connection with the administration of the medical
18    assistance program; or (v) when the vendor previously
19    rendered services while terminated, suspended, or excluded
20    from participation in the medical assistance program or
21    while terminated or excluded from participation in another
22    state or federal medical assistance or health care program.
23        (2) Notwithstanding any other provision of law, if a
24    vendor has the same taxpayer identification number
25    (assigned under Section 6109 of the Internal Revenue Code
26    of 1986) as is assigned to a vendor with past-due financial

 

 

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1    obligations to the Illinois Department, the Illinois
2    Department may make any necessary adjustments to payments
3    to that vendor in order to satisfy any past-due
4    obligations, regardless of whether the vendor is assigned a
5    different billing number under the medical assistance
6    program.
7    If the Illinois Department establishes through an
8administrative hearing that the overpayments resulted from the
9vendor or alternate payee knowingly making, using, or causing
10to be made or used, a false record or statement to obtain
11payment or other benefit from the medical assistance program
12under Article V, the Department may recover interest on the
13amount of the payment or other benefit at the rate of 5% per
14annum. In addition to any other penalties that may be
15prescribed by law, such a vendor or alternate payee shall be
16subject to civil penalties consisting of an amount not to
17exceed 3 times the amount of payment or other benefit resulting
18from each such false record or statement, and the sum of $2,000
19for each such false record or statement for payment or other
20benefit. For purposes of this paragraph, "knowingly" means that
21a vendor or alternate payee with respect to information: (i)
22has actual knowledge of the information, (ii) acts in
23deliberate ignorance of the truth or falsity of the
24information, or (iii) acts in reckless disregard of the truth
25or falsity of the information. No proof of specific intent to
26defraud is required.

 

 

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1    (F) The Illinois Department may withhold payments to any
2vendor or alternate payee prior to or during the pendency of
3any audit or proceeding under this Section, and through the
4pendency of any administrative appeal or administrative review
5by any court proceeding. The Illinois Department shall state by
6rule with as much specificity as practicable the conditions
7under which payments will not be withheld under this Section.
8Payments may be denied for bills submitted with service dates
9occurring during the pendency of a proceeding, after a final
10decision has been rendered, or after the conclusion of any
11administrative appeal, where the final administrative decision
12is to terminate, exclude, or suspend eligibility to participate
13in the medical assistance program. The Illinois Department
14shall state by rule with as much specificity as practicable the
15conditions under which payments will not be denied for such
16bills. The Illinois Department shall state by rule a process
17and criteria by which a vendor or alternate payee may request
18full or partial release of payments withheld under this
19subsection. The Department must complete a proceeding under
20this Section in a timely manner.
21    Notwithstanding recovery allowed under subsection (E) or
22this subsection (F), the Illinois Department may withhold
23payments to any vendor or alternate payee who is not properly
24licensed, certified, or in compliance with State or federal
25agency regulations. Payments may be denied for bills submitted
26with service dates occurring during the period of time that a

 

 

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1vendor is not properly licensed, certified, or in compliance
2with State or federal regulations. Facilities licensed under
3the Nursing Home Care Act shall have payments denied or
4withheld pursuant to subsection (I) of this Section.
5    (F-5) The Illinois Department may temporarily withhold
6payments to a vendor or alternate payee if any of the following
7individuals have been indicted or otherwise charged under a law
8of the United States or this or any other state with an offense
9that is based on alleged fraud or willful misrepresentation on
10the part of the individual related to (i) the medical
11assistance program under Article V of this Code, (ii) a federal
12or another state's medical assistance or health care program,
13or (iii) the provision of health care services:
14        (1) If the vendor or alternate payee is a corporation:
15    an officer of the corporation or an individual who owns,
16    either directly or indirectly, 5% or more of the shares of
17    stock or other evidence of ownership of the corporation.
18        (2) If the vendor is a sole proprietorship: the owner
19    of the sole proprietorship.
20        (3) If the vendor or alternate payee is a partnership:
21    a partner in the partnership.
22        (4) If the vendor or alternate payee is any other
23    business entity authorized by law to transact business in
24    this State: an officer of the entity or an individual who
25    owns, either directly or indirectly, 5% or more of the
26    evidences of ownership of the entity.

 

 

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1    If the Illinois Department withholds payments to a vendor
2or alternate payee under this subsection, the Department shall
3not release those payments to the vendor or alternate payee
4while any criminal proceeding related to the indictment or
5charge is pending unless the Department determines that there
6is good cause to release the payments before completion of the
7proceeding. If the indictment or charge results in the
8individual's conviction, the Illinois Department shall retain
9all withheld payments, which shall be considered forfeited to
10the Department. If the indictment or charge does not result in
11the individual's conviction, the Illinois Department shall
12release to the vendor or alternate payee all withheld payments.
13    (F-10) If the Illinois Department establishes that the
14vendor or alternate payee owes a debt to the Illinois
15Department, and the vendor or alternate payee subsequently
16fails to pay or make satisfactory payment arrangements with the
17Illinois Department for the debt owed, the Illinois Department
18may seek all remedies available under the law of this State to
19recover the debt, including, but not limited to, wage
20garnishment or the filing of claims or liens against the vendor
21or alternate payee.
22    (F-15) Enforcement of judgment.
23        (1) Any fine, recovery amount, other sanction, or costs
24    imposed, or part of any fine, recovery amount, other
25    sanction, or cost imposed, remaining unpaid after the
26    exhaustion of or the failure to exhaust judicial review

 

 

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1    procedures under the Illinois Administrative Review Law is
2    a debt due and owing the State and may be collected using
3    all remedies available under the law.
4        (2) After expiration of the period in which judicial
5    review under the Illinois Administrative Review Law may be
6    sought for a final administrative decision, unless stayed
7    by a court of competent jurisdiction, the findings,
8    decision, and order of the Director may be enforced in the
9    same manner as a judgment entered by a court of competent
10    jurisdiction.
11        (3) In any case in which any person or entity has
12    failed to comply with a judgment ordering or imposing any
13    fine or other sanction, any expenses incurred by the
14    Illinois Department to enforce the judgment, including,
15    but not limited to, attorney's fees, court costs, and costs
16    related to property demolition or foreclosure, after they
17    are fixed by a court of competent jurisdiction or the
18    Director, shall be a debt due and owing the State and may
19    be collected in accordance with applicable law. Prior to
20    any expenses being fixed by a final administrative decision
21    pursuant to this subsection (F-15), the Illinois
22    Department shall provide notice to the individual or entity
23    that states that the individual or entity shall appear at a
24    hearing before the administrative hearing officer to
25    determine whether the individual or entity has failed to
26    comply with the judgment. The notice shall set the date for

 

 

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1    such a hearing, which shall not be less than 7 days from
2    the date that notice is served. If notice is served by
3    mail, the 7-day period shall begin to run on the date that
4    the notice was deposited in the mail.
5        (4) Upon being recorded in the manner required by
6    Article XII of the Code of Civil Procedure or by the
7    Uniform Commercial Code, a lien shall be imposed on the
8    real estate or personal estate, or both, of the individual
9    or entity in the amount of any debt due and owing the State
10    under this Section. The lien may be enforced in the same
11    manner as a judgment of a court of competent jurisdiction.
12    A lien shall attach to all property and assets of such
13    person, firm, corporation, association, agency,
14    institution, or other legal entity until the judgment is
15    satisfied.
16        (5) The Director may set aside any judgment entered by
17    default and set a new hearing date upon a petition filed at
18    any time (i) if the petitioner's failure to appear at the
19    hearing was for good cause, or (ii) if the petitioner
20    established that the Department did not provide proper
21    service of process. If any judgment is set aside pursuant
22    to this paragraph (5), the hearing officer shall have
23    authority to enter an order extinguishing any lien which
24    has been recorded for any debt due and owing the Illinois
25    Department as a result of the vacated default judgment.
26    (G) The provisions of the Administrative Review Law, as now

 

 

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1or hereafter amended, and the rules adopted pursuant thereto,
2shall apply to and govern all proceedings for the judicial
3review of final administrative decisions of the Illinois
4Department under this Section. The term "administrative
5decision" is defined as in Section 3-101 of the Code of Civil
6Procedure.
7    (G-5) Vendors who pose a risk of fraud, waste, abuse, or
8harm.
9        (1) Notwithstanding any other provision in this
10    Section, the Department may terminate, suspend, or exclude
11    vendors who pose a risk of fraud, waste, abuse, or harm
12    from participation in the medical assistance program prior
13    to an evidentiary hearing but after reasonable notice and
14    opportunity to respond as established by the Department by
15    rule.
16        (2) Vendors who pose a risk of fraud, waste, abuse, or
17    harm shall submit to a fingerprint-based criminal
18    background check on current and future information
19    available in the State system and current information
20    available through the Federal Bureau of Investigation's
21    system by submitting all necessary fees and information in
22    the form and manner prescribed by the Department of State
23    Police. The following individuals shall be subject to the
24    check:
25            (A) In the case of a vendor that is a corporation,
26        every shareholder who owns, directly or indirectly, 5%

 

 

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1        or more of the outstanding shares of the corporation.
2            (B) In the case of a vendor that is a partnership,
3        every partner.
4            (C) In the case of a vendor that is a sole
5        proprietorship, the sole proprietor.
6            (D) Each officer or manager of the vendor.
7        Each such vendor shall be responsible for payment of
8    the cost of the criminal background check.
9        (3) Vendors who pose a risk of fraud, waste, abuse, or
10    harm may be required to post a surety bond. The Department
11    shall establish, by rule, the criteria and requirements for
12    determining when a surety bond must be posted and the value
13    of the bond.
14        (4) The Department, or its agents, may refuse to accept
15    requests for authorization from specific vendors who pose a
16    risk of fraud, waste, abuse, or harm, including
17    prior-approval and post-approval requests, if:
18            (A) the Department has initiated a notice of
19        termination, suspension, or exclusion of the vendor
20        from participation in the medical assistance program;
21        or
22            (B) the Department has issued notification of its
23        withholding of payments pursuant to subsection (F-5)
24        of this Section; or
25            (C) the Department has issued a notification of its
26        withholding of payments due to reliable evidence of

 

 

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1        fraud or willful misrepresentation pending
2        investigation.
3        (5) As used in this subsection, the following terms are
4    defined as follows:
5            (A) "Fraud" means an intentional deception or
6        misrepresentation made by a person with the knowledge
7        that the deception could result in some unauthorized
8        benefit to himself or herself or some other person. It
9        includes any act that constitutes fraud under
10        applicable federal or State law.
11            (B) "Abuse" means provider practices that are
12        inconsistent with sound fiscal, business, or medical
13        practices and that result in an unnecessary cost to the
14        medical assistance program or in reimbursement for
15        services that are not medically necessary or that fail
16        to meet professionally recognized standards for health
17        care. It also includes recipient practices that result
18        in unnecessary cost to the medical assistance program.
19        Abuse does not include diagnostic or therapeutic
20        measures conducted primarily as a safeguard against
21        possible vendor liability.
22            (C) "Waste" means the unintentional misuse of
23        medical assistance resources, resulting in unnecessary
24        cost to the medical assistance program. Waste does not
25        include diagnostic or therapeutic measures conducted
26        primarily as a safeguard against possible vendor

 

 

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1        liability.
2            (D) "Harm" means physical, mental, or monetary
3        damage to recipients or to the medical assistance
4        program.
5    (G-6) The Illinois Department, upon making a determination
6based upon information in the possession of the Illinois
7Department that continuation of participation in the medical
8assistance program by a vendor would constitute an immediate
9danger to the public, may immediately suspend such vendor's
10participation in the medical assistance program without a
11hearing. In instances in which the Illinois Department
12immediately suspends the medical assistance program
13participation of a vendor under this Section, a hearing upon
14the vendor's participation must be convened by the Illinois
15Department within 15 days after such suspension and completed
16without appreciable delay. Such hearing shall be held to
17determine whether to recommend to the Director that the
18vendor's medical assistance program participation be denied,
19terminated, suspended, placed on provisional status, or
20reinstated. In the hearing, any evidence relevant to the vendor
21constituting an immediate danger to the public may be
22introduced against such vendor; provided, however, that the
23vendor, or his or her counsel, shall have the opportunity to
24discredit, impeach, and submit evidence rebutting such
25evidence.
26    (H) Nothing contained in this Code shall in any way limit

 

 

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1or otherwise impair the authority or power of any State agency
2responsible for licensing of vendors.
3    (I) Based on a finding of noncompliance on the part of a
4nursing home with any requirement for certification under Title
5XVIII or XIX of the Social Security Act (42 U.S.C. Sec. 1395 et
6seq. or 42 U.S.C. Sec. 1396 et seq.), the Illinois Department
7may impose one or more of the following remedies after notice
8to the facility:
9        (1) Termination of the provider agreement.
10        (2) Temporary management.
11        (3) Denial of payment for new admissions.
12        (4) Civil money penalties.
13        (5) Closure of the facility in emergency situations or
14    transfer of residents, or both.
15        (6) State monitoring.
16        (7) Denial of all payments when the U.S. Department of
17    Health and Human Services has imposed this sanction.
18    The Illinois Department shall by rule establish criteria
19governing continued payments to a nursing facility subsequent
20to termination of the facility's provider agreement if, in the
21sole discretion of the Illinois Department, circumstances
22affecting the health, safety, and welfare of the facility's
23residents require those continued payments. The Illinois
24Department may condition those continued payments on the
25appointment of temporary management, sale of the facility to
26new owners or operators, or other arrangements that the

 

 

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1Illinois Department determines best serve the needs of the
2facility's residents.
3    Except in the case of a facility that has a right to a
4hearing on the finding of noncompliance before an agency of the
5federal government, a facility may request a hearing before a
6State agency on any finding of noncompliance within 60 days
7after the notice of the intent to impose a remedy. Except in
8the case of civil money penalties, a request for a hearing
9shall not delay imposition of the penalty. The choice of
10remedies is not appealable at a hearing. The level of
11noncompliance may be challenged only in the case of a civil
12money penalty. The Illinois Department shall provide by rule
13for the State agency that will conduct the evidentiary
14hearings.
15    The Illinois Department may collect interest on unpaid
16civil money penalties.
17    The Illinois Department may adopt all rules necessary to
18implement this subsection (I).
19    (J) The Illinois Department, by rule, may permit individual
20practitioners to designate that Department payments that may be
21due the practitioner be made to an alternate payee or alternate
22payees.
23        (a) Such alternate payee or alternate payees shall be
24    required to register as an alternate payee in the Medical
25    Assistance Program with the Illinois Department.
26        (b) If a practitioner designates an alternate payee,

 

 

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1    the alternate payee and practitioner shall be jointly and
2    severally liable to the Department for payments made to the
3    alternate payee. Pursuant to subsection (E) of this
4    Section, any Department action to suspend or deny payment
5    or recover money or overpayments from an alternate payee
6    shall be subject to an administrative hearing.
7        (c) Registration as an alternate payee or alternate
8    payees in the Illinois Medical Assistance Program shall be
9    conditional. At any time, the Illinois Department may deny
10    or cancel any alternate payee's registration in the
11    Illinois Medical Assistance Program without cause. Any
12    such denial or cancellation is not subject to an
13    administrative hearing.
14        (d) The Illinois Department may seek a revocation of
15    any alternate payee, and all owners, officers, and
16    individuals with management responsibility for such
17    alternate payee shall be permanently prohibited from
18    participating as an owner, an officer, or an individual
19    with management responsibility with an alternate payee in
20    the Illinois Medical Assistance Program, if after
21    reasonable notice and opportunity for a hearing the
22    Illinois Department finds that:
23            (1) the alternate payee is not complying with the
24        Department's policy or rules and regulations, or with
25        the terms and conditions prescribed by the Illinois
26        Department in its alternate payee registration

 

 

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1        agreement; or
2            (2) the alternate payee has failed to keep or make
3        available for inspection, audit, or copying, after
4        receiving a written request from the Illinois
5        Department, such records regarding payments claimed as
6        an alternate payee; or
7            (3) the alternate payee has failed to furnish any
8        information requested by the Illinois Department
9        regarding payments claimed as an alternate payee; or
10            (4) the alternate payee has knowingly made, or
11        caused to be made, any false statement or
12        representation of a material fact in connection with
13        the administration of the Illinois Medical Assistance
14        Program; or
15            (5) the alternate payee, a person with management
16        responsibility for an alternate payee, an officer or
17        person owning, either directly or indirectly, 5% or
18        more of the shares of stock or other evidences of
19        ownership in a corporate alternate payee, or a partner
20        in a partnership which is an alternate payee:
21                (a) was previously terminated, suspended, or
22            excluded from participation as a vendor in the
23            Illinois Medical Assistance Program, or was
24            previously revoked as an alternate payee in the
25            Illinois Medical Assistance Program, or was
26            terminated, suspended, or excluded from

 

 

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1            participation as a vendor in a medical assistance
2            program in another state that is of the same kind
3            as the program of medical assistance provided
4            under Article V of this Code; or
5                (b) was a person with management
6            responsibility for a vendor previously terminated,
7            suspended, or excluded from participation as a
8            vendor in the Illinois Medical Assistance Program,
9            or was previously revoked as an alternate payee in
10            the Illinois Medical Assistance Program, or was
11            terminated, suspended, or excluded from
12            participation as a vendor in a medical assistance
13            program in another state that is of the same kind
14            as the program of medical assistance provided
15            under Article V of this Code, during the time of
16            conduct which was the basis for that vendor's
17            termination, suspension, or exclusion or alternate
18            payee's revocation; or
19                (c) was an officer, or person owning, either
20            directly or indirectly, 5% or more of the shares of
21            stock or other evidences of ownership in a
22            corporate vendor previously terminated, suspended,
23            or excluded from participation as a vendor in the
24            Illinois Medical Assistance Program, or was
25            previously revoked as an alternate payee in the
26            Illinois Medical Assistance Program, or was

 

 

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1            terminated, suspended, or excluded from
2            participation as a vendor in a medical assistance
3            program in another state that is of the same kind
4            as the program of medical assistance provided
5            under Article V of this Code, during the time of
6            conduct which was the basis for that vendor's
7            termination, suspension, or exclusion; or
8                (d) was an owner of a sole proprietorship or
9            partner in a partnership previously terminated,
10            suspended, or excluded from participation as a
11            vendor in the Illinois Medical Assistance Program,
12            or was previously revoked as an alternate payee in
13            the Illinois Medical Assistance Program, or was
14            terminated, suspended, or excluded from
15            participation as a vendor in a medical assistance
16            program in another state that is of the same kind
17            as the program of medical assistance provided
18            under Article V of this Code, during the time of
19            conduct which was the basis for that vendor's
20            termination, suspension, or exclusion or alternate
21            payee's revocation; or
22            (6) the alternate payee, a person with management
23        responsibility for an alternate payee, an officer or
24        person owning, either directly or indirectly, 5% or
25        more of the shares of stock or other evidences of
26        ownership in a corporate alternate payee, or a partner

 

 

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1        in a partnership which is an alternate payee:
2                (a) has engaged in conduct prohibited by
3            applicable federal or State law or regulation
4            relating to the Illinois Medical Assistance
5            Program; or
6                (b) was a person with management
7            responsibility for a vendor or alternate payee at
8            the time that the vendor or alternate payee engaged
9            in practices prohibited by applicable federal or
10            State law or regulation relating to the Illinois
11            Medical Assistance Program; or
12                (c) was an officer, or person owning, either
13            directly or indirectly, 5% or more of the shares of
14            stock or other evidences of ownership in a vendor
15            or alternate payee at the time such vendor or
16            alternate payee engaged in practices prohibited by
17            applicable federal or State law or regulation
18            relating to the Illinois Medical Assistance
19            Program; or
20                (d) was an owner of a sole proprietorship or
21            partner in a partnership which was a vendor or
22            alternate payee at the time such vendor or
23            alternate payee engaged in practices prohibited by
24            applicable federal or State law or regulation
25            relating to the Illinois Medical Assistance
26            Program; or

 

 

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1            (7) the direct or indirect ownership of the vendor
2        or alternate payee (including the ownership of a vendor
3        or alternate payee that is a partner's interest in a
4        vendor or alternate payee, or ownership of 5% or more
5        of the shares of stock or other evidences of ownership
6        in a corporate vendor or alternate payee) has been
7        transferred by an individual who is terminated,
8        suspended, or excluded or barred from participating as
9        a vendor or is prohibited or revoked as an alternate
10        payee to the individual's spouse, child, brother,
11        sister, parent, grandparent, grandchild, uncle, aunt,
12        niece, nephew, cousin, or relative by marriage.
13    (K) The Illinois Department of Healthcare and Family
14Services may withhold payments, in whole or in part, to a
15provider or alternate payee where there is credible evidence,
16received from State or federal law enforcement or federal
17oversight agencies or from the results of a preliminary
18Department audit, that the circumstances giving rise to the
19need for a withholding of payments may involve fraud or willful
20misrepresentation under the Illinois Medical Assistance
21program. The Department shall by rule define what constitutes
22"credible" evidence for purposes of this subsection. The
23Department may withhold payments without first notifying the
24provider or alternate payee of its intention to withhold such
25payments. A provider or alternate payee may request a
26reconsideration of payment withholding, and the Department

 

 

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1must grant such a request. The Department shall state by rule a
2process and criteria by which a provider or alternate payee may
3request full or partial release of payments withheld under this
4subsection. This request may be made at any time after the
5Department first withholds such payments.
6        (a) The Illinois Department must send notice of its
7    withholding of program payments within 5 days of taking
8    such action. The notice must set forth the general
9    allegations as to the nature of the withholding action, but
10    need not disclose any specific information concerning its
11    ongoing investigation. The notice must do all of the
12    following:
13            (1) State that payments are being withheld in
14        accordance with this subsection.
15            (2) State that the withholding is for a temporary
16        period, as stated in paragraph (b) of this subsection,
17        and cite the circumstances under which withholding
18        will be terminated.
19            (3) Specify, when appropriate, which type or types
20        of Medicaid claims withholding is effective.
21            (4) Inform the provider or alternate payee of the
22        right to submit written evidence for reconsideration
23        of the withholding by the Illinois Department.
24            (5) Inform the provider or alternate payee that a
25        written request may be made to the Illinois Department
26        for full or partial release of withheld payments and

 

 

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1        that such requests may be made at any time after the
2        Department first withholds such payments.
3        (b) All withholding-of-payment actions under this
4    subsection shall be temporary and shall not continue after
5    any of the following:
6            (1) The Illinois Department or the prosecuting
7        authorities determine that there is insufficient
8        evidence of fraud or willful misrepresentation by the
9        provider or alternate payee.
10            (2) Legal proceedings related to the provider's or
11        alternate payee's alleged fraud, willful
12        misrepresentation, violations of this Act, or
13        violations of the Illinois Department's administrative
14        rules are completed.
15            (3) The withholding of payments for a period of 3
16        years.
17        (c) The Illinois Department may adopt all rules
18    necessary to implement this subsection (K).
19    (K-5) The Illinois Department may withhold payments, in
20whole or in part, to a provider or alternate payee upon
21initiation of an audit, quality of care review, investigation
22when there is a credible allegation of fraud, or the provider
23or alternate payee demonstrating a clear failure to cooperate
24with the Illinois Department such that the circumstances give
25rise to the need for a withholding of payments. As used in this
26subsection, "credible allegation" is defined to include an

 

 

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1allegation from any source, including, but not limited to,
2fraud hotline complaints, claims data mining, patterns
3identified through provider audits, civil actions filed under
4the Illinois False Claims Act, and law enforcement
5investigations. An allegation is considered to be credible when
6it has indicia of reliability. The Illinois Department may
7withhold payments without first notifying the provider or
8alternate payee of its intention to withhold such payments. A
9provider or alternate payee may request a hearing or a
10reconsideration of payment withholding, and the Illinois
11Department must grant such a request. The Illinois Department
12shall state by rule a process and criteria by which a provider
13or alternate payee may request a hearing or a reconsideration
14for the full or partial release of payments withheld under this
15subsection. This request may be made at any time after the
16Illinois Department first withholds such payments.
17        (a) The Illinois Department must send notice of its
18    withholding of program payments within 5 days of taking
19    such action. The notice must set forth the general
20    allegations as to the nature of the withholding action but
21    need not disclose any specific information concerning its
22    ongoing investigation. The notice must do all of the
23    following:
24            (1) State that payments are being withheld in
25        accordance with this subsection.
26            (2) State that the withholding is for a temporary

 

 

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1        period, as stated in paragraph (b) of this subsection,
2        and cite the circumstances under which withholding
3        will be terminated.
4            (3) Specify, when appropriate, which type or types
5        of claims are withheld.
6            (4) Inform the provider or alternate payee of the
7        right to request a hearing or a reconsideration of the
8        withholding by the Illinois Department, including the
9        ability to submit written evidence.
10            (5) Inform the provider or alternate payee that a
11        written request may be made to the Illinois Department
12        for a hearing or a reconsideration for the full or
13        partial release of withheld payments and that such
14        requests may be made at any time after the Illinois
15        Department first withholds such payments.
16        (b) All withholding of payment actions under this
17    subsection shall be temporary and shall not continue after
18    any of the following:
19            (1) The Illinois Department determines that there
20        is insufficient evidence of fraud, or the provider or
21        alternate payee demonstrates clear cooperation with
22        the Illinois Department, as determined by the Illinois
23        Department, such that the circumstances do not give
24        rise to the need for withholding of payments; or
25            (2) The withholding of payments has lasted for a
26        period in excess of 3 years.

 

 

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1        (c) The Illinois Department may adopt all rules
2    necessary to implement this subsection (K-5).
3    (L) The Illinois Department shall establish a protocol to
4enable health care providers to disclose an actual or potential
5violation of this Section pursuant to a self-referral
6disclosure protocol, referred to in this subsection as "the
7protocol". The protocol shall include direction for health care
8providers on a specific person, official, or office to whom
9such disclosures shall be made. The Illinois Department shall
10post information on the protocol on the Illinois Department's
11public website. The Illinois Department may adopt rules
12necessary to implement this subsection (L). In addition to
13other factors that the Illinois Department finds appropriate,
14the Illinois Department may consider a health care provider's
15timely use or failure to use the protocol in considering the
16provider's failure to comply with this Code.
17    (M) Notwithstanding any other provision of this Code, the
18Illinois Department, at its discretion, may exempt an entity
19licensed under the Nursing Home Care Act and the ID/DD
20Community Care Act from the provisions of subsections (A-15),
21(B), and (C) of this Section if the licensed entity is in
22receivership.
23(Source: P.A. 97-689, eff. 6-14-12; revised 8-3-12.)
 
24    Section 85. The Abused and Neglected Child Reporting Act is
25amended by changing Section 4 as follows:
 

 

 

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1    (325 ILCS 5/4)  (from Ch. 23, par. 2054)
2    Sec. 4. Persons required to report; privileged
3communications; transmitting false report. Any physician,
4resident, intern, hospital, hospital administrator and
5personnel engaged in examination, care and treatment of
6persons, surgeon, dentist, dentist hygienist, osteopath,
7chiropractor, podiatric physician podiatrist, physician
8assistant, substance abuse treatment personnel, funeral home
9director or employee, coroner, medical examiner, emergency
10medical technician, acupuncturist, crisis line or hotline
11personnel, school personnel (including administrators and both
12certified and non-certified school employees), personnel of
13institutions of higher education, educational advocate
14assigned to a child pursuant to the School Code, member of a
15school board or the Chicago Board of Education or the governing
16body of a private school (but only to the extent required in
17accordance with other provisions of this Section expressly
18concerning the duty of school board members to report suspected
19child abuse), truant officers, social worker, social services
20administrator, domestic violence program personnel, registered
21nurse, licensed practical nurse, genetic counselor,
22respiratory care practitioner, advanced practice nurse, home
23health aide, director or staff assistant of a nursery school or
24a child day care center, recreational or athletic program or
25facility personnel, early intervention provider as defined in

 

 

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1the Early Intervention Services System Act, law enforcement
2officer, licensed professional counselor, licensed clinical
3professional counselor, registered psychologist and assistants
4working under the direct supervision of a psychologist,
5psychiatrist, or field personnel of the Department of
6Healthcare and Family Services, Juvenile Justice, Public
7Health, Human Services (acting as successor to the Department
8of Mental Health and Developmental Disabilities,
9Rehabilitation Services, or Public Aid), Corrections, Human
10Rights, or Children and Family Services, supervisor and
11administrator of general assistance under the Illinois Public
12Aid Code, probation officer, animal control officer or Illinois
13Department of Agriculture Bureau of Animal Health and Welfare
14field investigator, or any other foster parent, homemaker or
15child care worker having reasonable cause to believe a child
16known to them in their professional or official capacity may be
17an abused child or a neglected child shall immediately report
18or cause a report to be made to the Department.
19    Any member of the clergy having reasonable cause to believe
20that a child known to that member of the clergy in his or her
21professional capacity may be an abused child as defined in item
22(c) of the definition of "abused child" in Section 3 of this
23Act shall immediately report or cause a report to be made to
24the Department.
25    Any physician, physician's assistant, registered nurse,
26licensed practical nurse, medical technician, certified

 

 

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1nursing assistant, social worker, or licensed professional
2counselor of any office, clinic, or any other physical location
3that provides abortions, abortion referrals, or contraceptives
4having reasonable cause to believe a child known to him or her
5in his or her professional or official capacity may be an
6abused child or a neglected child shall immediately report or
7cause a report to be made to the Department.
8    If an allegation is raised to a school board member during
9the course of an open or closed school board meeting that a
10child who is enrolled in the school district of which he or she
11is a board member is an abused child as defined in Section 3 of
12this Act, the member shall direct or cause the school board to
13direct the superintendent of the school district or other
14equivalent school administrator to comply with the
15requirements of this Act concerning the reporting of child
16abuse. For purposes of this paragraph, a school board member is
17granted the authority in his or her individual capacity to
18direct the superintendent of the school district or other
19equivalent school administrator to comply with the
20requirements of this Act concerning the reporting of child
21abuse.
22    Notwithstanding any other provision of this Act, if an
23employee of a school district has made a report or caused a
24report to be made to the Department under this Act involving
25the conduct of a current or former employee of the school
26district and a request is made by another school district for

 

 

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1the provision of information concerning the job performance or
2qualifications of the current or former employee because he or
3she is an applicant for employment with the requesting school
4district, the general superintendent of the school district to
5which the request is being made must disclose to the requesting
6school district the fact that an employee of the school
7district has made a report involving the conduct of the
8applicant or caused a report to be made to the Department, as
9required under this Act. Only the fact that an employee of the
10school district has made a report involving the conduct of the
11applicant or caused a report to be made to the Department may
12be disclosed by the general superintendent of the school
13district to which the request for information concerning the
14applicant is made, and this fact may be disclosed only in cases
15where the employee and the general superintendent have not been
16informed by the Department that the allegations were unfounded.
17An employee of a school district who is or has been the subject
18of a report made pursuant to this Act during his or her
19employment with the school district must be informed by that
20school district that if he or she applies for employment with
21another school district, the general superintendent of the
22former school district, upon the request of the school district
23to which the employee applies, shall notify that requesting
24school district that the employee is or was the subject of such
25a report.
26    Whenever such person is required to report under this Act

 

 

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1in his capacity as a member of the staff of a medical or other
2public or private institution, school, facility or agency, or
3as a member of the clergy, he shall make report immediately to
4the Department in accordance with the provisions of this Act
5and may also notify the person in charge of such institution,
6school, facility or agency, or church, synagogue, temple,
7mosque, or other religious institution, or his designated agent
8that such report has been made. Under no circumstances shall
9any person in charge of such institution, school, facility or
10agency, or church, synagogue, temple, mosque, or other
11religious institution, or his designated agent to whom such
12notification has been made, exercise any control, restraint,
13modification or other change in the report or the forwarding of
14such report to the Department.
15    The privileged quality of communication between any
16professional person required to report and his patient or
17client shall not apply to situations involving abused or
18neglected children and shall not constitute grounds for failure
19to report as required by this Act or constitute grounds for
20failure to share information or documents with the Department
21during the course of a child abuse or neglect investigation. If
22requested by the professional, the Department shall confirm in
23writing that the information or documents disclosed by the
24professional were gathered in the course of a child abuse or
25neglect investigation.
26    A member of the clergy may claim the privilege under

 

 

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1Section 8-803 of the Code of Civil Procedure.
2    Any office, clinic, or any other physical location that
3provides abortions, abortion referrals, or contraceptives
4shall provide to all office personnel copies of written
5information and training materials about abuse and neglect and
6the requirements of this Act that are provided to employees of
7the office, clinic, or physical location who are required to
8make reports to the Department under this Act, and instruct
9such office personnel to bring to the attention of an employee
10of the office, clinic, or physical location who is required to
11make reports to the Department under this Act any reasonable
12suspicion that a child known to him or her in his or her
13professional or official capacity may be an abused child or a
14neglected child. In addition to the above persons required to
15report suspected cases of abused or neglected children, any
16other person may make a report if such person has reasonable
17cause to believe a child may be an abused child or a neglected
18child.
19    Any person who enters into employment on and after July 1,
201986 and is mandated by virtue of that employment to report
21under this Act, shall sign a statement on a form prescribed by
22the Department, to the effect that the employee has knowledge
23and understanding of the reporting requirements of this Act.
24The statement shall be signed prior to commencement of the
25employment. The signed statement shall be retained by the
26employer. The cost of printing, distribution, and filing of the

 

 

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1statement shall be borne by the employer.
2    The Department shall provide copies of this Act, upon
3request, to all employers employing persons who shall be
4required under the provisions of this Section to report under
5this Act.
6    Any person who knowingly transmits a false report to the
7Department commits the offense of disorderly conduct under
8subsection (a)(7) of Section 26-1 of the "Criminal Code of
91961". A violation of this provision is a Class 4 felony.
10    Any person who knowingly and willfully violates any
11provision of this Section other than a second or subsequent
12violation of transmitting a false report as described in the
13preceding paragraph, is guilty of a Class A misdemeanor for a
14first violation and a Class 4 felony for a second or subsequent
15violation; except that if the person acted as part of a plan or
16scheme having as its object the prevention of discovery of an
17abused or neglected child by lawful authorities for the purpose
18of protecting or insulating any person or entity from arrest or
19prosecution, the person is guilty of a Class 4 felony for a
20first offense and a Class 3 felony for a second or subsequent
21offense (regardless of whether the second or subsequent offense
22involves any of the same facts or persons as the first or other
23prior offense).
24    A child whose parent, guardian or custodian in good faith
25selects and depends upon spiritual means through prayer alone
26for the treatment or cure of disease or remedial care may be

 

 

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1considered neglected or abused, but not for the sole reason
2that his parent, guardian or custodian accepts and practices
3such beliefs.
4    A child shall not be considered neglected or abused solely
5because the child is not attending school in accordance with
6the requirements of Article 26 of the School Code, as amended.
7    Nothing in this Act prohibits a mandated reporter who
8reasonably believes that an animal is being abused or neglected
9in violation of the Humane Care for Animals Act from reporting
10animal abuse or neglect to the Department of Agriculture's
11Bureau of Animal Health and Welfare.
12    A home rule unit may not regulate the reporting of child
13abuse or neglect in a manner inconsistent with the provisions
14of this Section. This Section is a limitation under subsection
15(i) of Section 6 of Article VII of the Illinois Constitution on
16the concurrent exercise by home rule units of powers and
17functions exercised by the State.
18    For purposes of this Section "child abuse or neglect"
19includes abuse or neglect of an adult resident as defined in
20this Act.
21(Source: P.A. 96-494, eff. 8-14-09; 96-1446, eff. 8-20-10;
2297-189, eff. 7-22-11; 97-254, eff. 1-1-12; 97-387, eff.
238-15-11; 97-711, eff. 6-27-12; 97-813, eff. 7-13-12.)
 
24    Section 90. The AIDS Confidentiality Act is amended by
25changing Section 3 as follows:
 

 

 

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1    (410 ILCS 305/3)  (from Ch. 111 1/2, par. 7303)
2    Sec. 3. When used in this Act:
3    (a) "Department" means the Illinois Department of Public
4Health.
5    (b) "AIDS" means acquired immunodeficiency syndrome.
6    (c) "HIV" means the Human Immunodeficiency Virus or any
7other identified causative agent of AIDS.
8    (d) "Informed consent" means a written or verbal agreement
9by the subject of a test or the subject's legally authorized
10representative without undue inducement or any element of
11force, fraud, deceit, duress or other form of constraint or
12coercion, which entails at least the following pre-test
13information:
14    (1) a fair explanation of the test, including its purpose,
15potential uses, limitations and the meaning of its results; and
16    (2) a fair explanation of the procedures to be followed,
17including the voluntary nature of the test, the right to
18withdraw consent to the testing process at any time, the right
19to anonymity to the extent provided by law with respect to
20participation in the test and disclosure of test results, and
21the right to confidential treatment of information identifying
22the subject of the test and the results of the test, to the
23extent provided by law.
24    Pre-test information may be provided in writing, verbally,
25or by video, electronic, or other means. The subject must be

 

 

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1offered an opportunity to ask questions about the HIV test and
2decline testing. Nothing in this Act shall prohibit a health
3care provider from combining a form used to obtain informed
4consent for HIV testing with forms used to obtain written
5consent for general medical care or any other medical test or
6procedure provided that the forms make it clear that the
7subject may consent to general medical care, tests, or medical
8procedures without being required to consent to HIV testing and
9clearly explain how the subject may opt-out of HIV testing.
10    (e) "Health facility" means a hospital, nursing home, blood
11bank, blood center, sperm bank, or other health care
12institution, including any "health facility" as that term is
13defined in the Illinois Finance Authority Act.
14    (f) "Health care provider" means any health care
15professional, nurse, paramedic, psychologist or other person
16providing medical, nursing, psychological, or other health
17care services of any kind.
18    (f-5) "Health care professional" means (i) a licensed
19physician, (ii) a physician assistant to whom the physician
20assistant's supervising physician has delegated the provision
21of AIDS and HIV-related health services, (iii) an advanced
22practice registered nurse who has a written collaborative
23agreement with a collaborating physician which authorizes the
24provision of AIDS and HIV-related health services, (iv) a
25licensed dentist, (v) a licensed podiatric physician
26podiatrist, or (vi) an individual certified to provide HIV

 

 

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1testing and counseling by a state or local public health
2department.
3    (g) "Test" or "HIV test" means a test to determine the
4presence of the antibody or antigen to HIV, or of HIV
5infection.
6    (h) "Person" includes any natural person, partnership,
7association, joint venture, trust, governmental entity, public
8or private corporation, health facility or other legal entity.
9(Source: P.A. 95-7, eff. 6-1-08; 95-331, eff. 8-21-07.)
 
10    Section 95. The Illinois Sexually Transmissible Disease
11Control Act is amended by changing Section 5.5 as follows:
 
12    (410 ILCS 325/5.5)  (from Ch. 111 1/2, par. 7405.5)
13    Sec. 5.5. Risk assessment.
14    (a) Whenever the Department receives a report of HIV
15infection or AIDS pursuant to this Act and the Department
16determines that the subject of the report may present or may
17have presented a possible risk of HIV transmission, the
18Department shall, when medically appropriate, investigate the
19subject of the report and that person's contacts as defined in
20subsection (c), to assess the potential risks of transmission.
21Any investigation and action shall be conducted in a timely
22fashion. All contacts other than those defined in subsection
23(c) shall be investigated in accordance with Section 5 of this
24Act.

 

 

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1    (b) If the Department determines that there is or may have
2been potential risks of HIV transmission from the subject of
3the report to other persons, the Department shall afford the
4subject the opportunity to submit any information and comment
5on proposed actions the Department intends to take with respect
6to the subject's contacts who are at potential risk of
7transmission of HIV prior to notification of the subject's
8contacts. The Department shall also afford the subject of the
9report the opportunity to notify the subject's contacts in a
10timely fashion who are at potential risk of transmission of HIV
11prior to the Department taking any steps to notify such
12contacts. If the subject declines to notify such contacts or if
13the Department determines the notices to be inadequate or
14incomplete, the Department shall endeavor to notify such other
15persons of the potential risk, and offer testing and counseling
16services to these individuals. When the contacts are notified,
17they shall be informed of the disclosure provisions of the AIDS
18Confidentiality Act and the penalties therein and this Section.
19    (c) Contacts investigated under this Section shall in the
20case of HIV infection include (i) individuals who have
21undergone invasive procedures performed by an HIV infected
22health care provider and (ii) health care providers who have
23performed invasive procedures for persons infected with HIV,
24provided the Department has determined that there is or may
25have been potential risk of HIV transmission from the health
26care provider to those individuals or from infected persons to

 

 

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1health care providers. The Department shall have access to the
2subject's records to review for the identity of contacts. The
3subject's records shall not be copied or seized by the
4Department.
5    For purposes of this subsection, the term "invasive
6procedures" means those procedures termed invasive by the
7Centers for Disease Control in current guidelines or
8recommendations for the prevention of HIV transmission in
9health care settings, and the term "health care provider" means
10any physician, dentist, podiatric physician podiatrist,
11advanced practice nurse, physician assistant, nurse, or other
12person providing health care services of any kind.
13    (d) All information and records held by the Department and
14local health authorities pertaining to activities conducted
15pursuant to this Section shall be strictly confidential and
16exempt from copying and inspection under the Freedom of
17Information Act. Such information and records shall not be
18released or made public by the Department or local health
19authorities, and shall not be admissible as evidence, nor
20discoverable in any action of any kind in any court or before
21any tribunal, board, agency or person and shall be treated in
22the same manner as the information and those records subject to
23the provisions of Part 21 of the Code of Civil Procedure except
24under the following circumstances:
25        (1) When made with the written consent of all persons
26    to whom this information pertains;

 

 

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1        (2) When authorized under Section 8 to be released
2    under court order or subpoena pursuant to Section 12-5.01
3    or 12-16.2 of the Criminal Code of 1961; or
4        (3) When made by the Department for the purpose of
5    seeking a warrant authorized by Sections 6 and 7 of this
6    Act. Such disclosure shall conform to the requirements of
7    subsection (a) of Section 8 of this Act.
8    (e) Any person who knowingly or maliciously disseminates
9any information or report concerning the existence of any
10disease under this Section is guilty of a Class A misdemeanor.
11(Source: P.A. 96-1551, eff. 7-1-11.)
 
12    Section 100. The Illinois Food, Drug and Cosmetic Act is
13amended by changing Section 2.36 as follows:
 
14    (410 ILCS 620/2.36)  (from Ch. 56 1/2, par. 502.36)
15    Sec. 2.36. "Prescription" means and includes any order for
16drugs or medical devices, written, facsimile, or verbal by a
17physician licensed to practice medicine in all its branches,
18dentist, veterinarian, or podiatric physician podiatrist
19containing the following: (1) name of the patient; (2) date
20when prescription was given; (3) name and strength of drug or
21description of the medical device prescribed; (4) quantity, (5)
22directions for use, (6) prescriber's name, address and
23signature, and (7) DEA number where required, for controlled
24substances.

 

 

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1(Source: P.A. 89-202, eff. 7-21-95.)
 
2    Section 105. The Illinois Controlled Substances Act is
3amended by changing Sections 102 and 303.05 as follows:
 
4    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
5    Sec. 102. Definitions. As used in this Act, unless the
6context otherwise requires:
7    (a) "Addict" means any person who habitually uses any drug,
8chemical, substance or dangerous drug other than alcohol so as
9to endanger the public morals, health, safety or welfare or who
10is so far addicted to the use of a dangerous drug or controlled
11substance other than alcohol as to have lost the power of self
12control with reference to his or her addiction.
13    (b) "Administer" means the direct application of a
14controlled substance, whether by injection, inhalation,
15ingestion, or any other means, to the body of a patient,
16research subject, or animal (as defined by the Humane
17Euthanasia in Animal Shelters Act) by:
18        (1) a practitioner (or, in his or her presence, by his
19    or her authorized agent),
20        (2) the patient or research subject pursuant to an
21    order, or
22        (3) a euthanasia technician as defined by the Humane
23    Euthanasia in Animal Shelters Act.
24    (c) "Agent" means an authorized person who acts on behalf

 

 

HB1388 Enrolled- 202 -LRB098 07103 MGM 37164 b

1of or at the direction of a manufacturer, distributor,
2dispenser, prescriber, or practitioner. It does not include a
3common or contract carrier, public warehouseman or employee of
4the carrier or warehouseman.
5    (c-1) "Anabolic Steroids" means any drug or hormonal
6substance, chemically and pharmacologically related to
7testosterone (other than estrogens, progestins,
8corticosteroids, and dehydroepiandrosterone), and includes:
9    (i) 3[beta],17-dihydroxy-5a-androstane, 
10    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
11    (iii) 5[alpha]-androstan-3,17-dione, 
12    (iv) 1-androstenediol (3[beta], 
13        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
14    (v) 1-androstenediol (3[alpha], 
15        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
16    (vi) 4-androstenediol  
17        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
18    (vii) 5-androstenediol  
19        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
20    (viii) 1-androstenedione  
21        ([5alpha]-androst-1-en-3,17-dione), 
22    (ix) 4-androstenedione  
23        (androst-4-en-3,17-dione), 
24    (x) 5-androstenedione  
25        (androst-5-en-3,17-dione), 
26    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 

 

 

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1        hydroxyandrost-4-en-3-one), 
2    (xii) boldenone (17[beta]-hydroxyandrost- 
3        1,4,-diene-3-one), 
4    (xiii) boldione (androsta-1,4- 
5        diene-3,17-dione), 
6    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
7        [beta]-hydroxyandrost-4-en-3-one), 
8    (xv) clostebol (4-chloro-17[beta]- 
9        hydroxyandrost-4-en-3-one), 
10    (xvi) dehydrochloromethyltestosterone (4-chloro- 
11        17[beta]-hydroxy-17[alpha]-methyl- 
12        androst-1,4-dien-3-one), 
13    (xvii) desoxymethyltestosterone 
14    (17[alpha]-methyl-5[alpha] 
15        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
16    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
17        '1-testosterone') (17[beta]-hydroxy- 
18        5[alpha]-androst-1-en-3-one), 
19    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
20        androstan-3-one), 
21    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
22        5[alpha]-androstan-3-one), 
23    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
24        hydroxyestr-4-ene), 
25    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
26        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 

 

 

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1    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
2        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
3    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
4        hydroxyandrostano[2,3-c]-furazan), 
5    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) 
6    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
7        androst-4-en-3-one), 
8    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
9        dihydroxy-estr-4-en-3-one), 
10    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
11        hydroxy-5-androstan-3-one), 
12    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
13        [5a]-androstan-3-one), 
14    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
15        hydroxyandrost-1,4-dien-3-one), 
16    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
17        dihydroxyandrost-5-ene), 
18    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
19        5[alpha]-androst-1-en-3-one), 
20    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
21        dihydroxy-5a-androstane), 
22    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
23        -5a-androstane), 
24    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
25        dihydroxyandrost-4-ene), 
26    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 

 

 

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1        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
2    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
3        hydroxyestra-4,9(10)-dien-3-one), 
4    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
5        hydroxyestra-4,9-11-trien-3-one), 
6    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
7        hydroxyandrost-4-en-3-one), 
8    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
9        hydroxyestr-4-en-3-one), 
10    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
11        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
12        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
13        1-testosterone'), 
14    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
15    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
16        dihydroxyestr-4-ene), 
17    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
18        dihydroxyestr-4-ene), 
19    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
20        dihydroxyestr-5-ene), 
21    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
22        dihydroxyestr-5-ene), 
23    (xlvii) 19-nor-4,9(10)-androstadienedione  
24        (estra-4,9(10)-diene-3,17-dione), 
25    (xlviii) 19-nor-4-androstenedione (estr-4- 
26        en-3,17-dione), 

 

 

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1    (xlix) 19-nor-5-androstenedione (estr-5- 
2        en-3,17-dione), 
3    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
4        hydroxygon-4-en-3-one), 
5    (li) norclostebol (4-chloro-17[beta]- 
6        hydroxyestr-4-en-3-one), 
7    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
8        hydroxyestr-4-en-3-one), 
9    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
10        hydroxyestr-4-en-3-one), 
11    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
12        2-oxa-5[alpha]-androstan-3-one), 
13    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
14        dihydroxyandrost-4-en-3-one), 
15    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
16        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
17    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
18        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
19    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
20        (5[alpha]-androst-1-en-3-one), 
21    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
22        secoandrosta-1,4-dien-17-oic 
23        acid lactone), 
24    (lx) testosterone (17[beta]-hydroxyandrost- 
25        4-en-3-one), 
26    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 

 

 

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1        diethyl-17[beta]-hydroxygon- 
2        4,9,11-trien-3-one), 
3    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
4        11-trien-3-one). 
5    Any person who is otherwise lawfully in possession of an
6anabolic steroid, or who otherwise lawfully manufactures,
7distributes, dispenses, delivers, or possesses with intent to
8deliver an anabolic steroid, which anabolic steroid is
9expressly intended for and lawfully allowed to be administered
10through implants to livestock or other nonhuman species, and
11which is approved by the Secretary of Health and Human Services
12for such administration, and which the person intends to
13administer or have administered through such implants, shall
14not be considered to be in unauthorized possession or to
15unlawfully manufacture, distribute, dispense, deliver, or
16possess with intent to deliver such anabolic steroid for
17purposes of this Act.
18    (d) "Administration" means the Drug Enforcement
19Administration, United States Department of Justice, or its
20successor agency.
21    (d-5) "Clinical Director, Prescription Monitoring Program"
22means a Department of Human Services administrative employee
23licensed to either prescribe or dispense controlled substances
24who shall run the clinical aspects of the Department of Human
25Services Prescription Monitoring Program and its Prescription
26Information Library.

 

 

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1    (d-10) "Compounding" means the preparation and mixing of
2components, excluding flavorings, (1) as the result of a
3prescriber's prescription drug order or initiative based on the
4prescriber-patient-pharmacist relationship in the course of
5professional practice or (2) for the purpose of, or incident
6to, research, teaching, or chemical analysis and not for sale
7or dispensing. "Compounding" includes the preparation of drugs
8or devices in anticipation of receiving prescription drug
9orders based on routine, regularly observed dispensing
10patterns. Commercially available products may be compounded
11for dispensing to individual patients only if both of the
12following conditions are met: (i) the commercial product is not
13reasonably available from normal distribution channels in a
14timely manner to meet the patient's needs and (ii) the
15prescribing practitioner has requested that the drug be
16compounded.
17    (e) "Control" means to add a drug or other substance, or
18immediate precursor, to a Schedule whether by transfer from
19another Schedule or otherwise.
20    (f) "Controlled Substance" means (i) a drug, substance, or
21immediate precursor in the Schedules of Article II of this Act
22or (ii) a drug or other substance, or immediate precursor,
23designated as a controlled substance by the Department through
24administrative rule. The term does not include distilled
25spirits, wine, malt beverages, or tobacco, as those terms are
26defined or used in the Liquor Control Act and the Tobacco

 

 

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1Products Tax Act.
2    (f-5) "Controlled substance analog" means a substance:
3        (1) the chemical structure of which is substantially
4    similar to the chemical structure of a controlled substance
5    in Schedule I or II;
6        (2) which has a stimulant, depressant, or
7    hallucinogenic effect on the central nervous system that is
8    substantially similar to or greater than the stimulant,
9    depressant, or hallucinogenic effect on the central
10    nervous system of a controlled substance in Schedule I or
11    II; or
12        (3) with respect to a particular person, which such
13    person represents or intends to have a stimulant,
14    depressant, or hallucinogenic effect on the central
15    nervous system that is substantially similar to or greater
16    than the stimulant, depressant, or hallucinogenic effect
17    on the central nervous system of a controlled substance in
18    Schedule I or II.
19    (g) "Counterfeit substance" means a controlled substance,
20which, or the container or labeling of which, without
21authorization bears the trademark, trade name, or other
22identifying mark, imprint, number or device, or any likeness
23thereof, of a manufacturer, distributor, or dispenser other
24than the person who in fact manufactured, distributed, or
25dispensed the substance.
26    (h) "Deliver" or "delivery" means the actual, constructive

 

 

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1or attempted transfer of possession of a controlled substance,
2with or without consideration, whether or not there is an
3agency relationship.
4    (i) "Department" means the Illinois Department of Human
5Services (as successor to the Department of Alcoholism and
6Substance Abuse) or its successor agency.
7    (j) (Blank).
8    (k) "Department of Corrections" means the Department of
9Corrections of the State of Illinois or its successor agency.
10    (l) "Department of Financial and Professional Regulation"
11means the Department of Financial and Professional Regulation
12of the State of Illinois or its successor agency.
13    (m) "Depressant" means any drug that (i) causes an overall
14depression of central nervous system functions, (ii) causes
15impaired consciousness and awareness, and (iii) can be
16habit-forming or lead to a substance abuse problem, including
17but not limited to alcohol, cannabis and its active principles
18and their analogs, benzodiazepines and their analogs,
19barbiturates and their analogs, opioids (natural and
20synthetic) and their analogs, and chloral hydrate and similar
21sedative hypnotics.
22    (n) (Blank).
23    (o) "Director" means the Director of the Illinois State
24Police or his or her designated agents.
25    (p) "Dispense" means to deliver a controlled substance to
26an ultimate user or research subject by or pursuant to the

 

 

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1lawful order of a prescriber, including the prescribing,
2administering, packaging, labeling, or compounding necessary
3to prepare the substance for that delivery.
4    (q) "Dispenser" means a practitioner who dispenses.
5    (r) "Distribute" means to deliver, other than by
6administering or dispensing, a controlled substance.
7    (s) "Distributor" means a person who distributes.
8    (t) "Drug" means (1) substances recognized as drugs in the
9official United States Pharmacopoeia, Official Homeopathic
10Pharmacopoeia of the United States, or official National
11Formulary, or any supplement to any of them; (2) substances
12intended for use in diagnosis, cure, mitigation, treatment, or
13prevention of disease in man or animals; (3) substances (other
14than food) intended to affect the structure of any function of
15the body of man or animals and (4) substances intended for use
16as a component of any article specified in clause (1), (2), or
17(3) of this subsection. It does not include devices or their
18components, parts, or accessories.
19    (t-5) "Euthanasia agency" means an entity certified by the
20Department of Financial and Professional Regulation for the
21purpose of animal euthanasia that holds an animal control
22facility license or animal shelter license under the Animal
23Welfare Act. A euthanasia agency is authorized to purchase,
24store, possess, and utilize Schedule II nonnarcotic and
25Schedule III nonnarcotic drugs for the sole purpose of animal
26euthanasia.

 

 

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1    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
2substances (nonnarcotic controlled substances) that are used
3by a euthanasia agency for the purpose of animal euthanasia.
4    (u) "Good faith" means the prescribing or dispensing of a
5controlled substance by a practitioner in the regular course of
6professional treatment to or for any person who is under his or
7her treatment for a pathology or condition other than that
8individual's physical or psychological dependence upon or
9addiction to a controlled substance, except as provided herein:
10and application of the term to a pharmacist shall mean the
11dispensing of a controlled substance pursuant to the
12prescriber's order which in the professional judgment of the
13pharmacist is lawful. The pharmacist shall be guided by
14accepted professional standards including, but not limited to
15the following, in making the judgment:
16        (1) lack of consistency of prescriber-patient
17    relationship,
18        (2) frequency of prescriptions for same drug by one
19    prescriber for large numbers of patients,
20        (3) quantities beyond those normally prescribed,
21        (4) unusual dosages (recognizing that there may be
22    clinical circumstances where more or less than the usual
23    dose may be used legitimately),
24        (5) unusual geographic distances between patient,
25    pharmacist and prescriber,
26        (6) consistent prescribing of habit-forming drugs.

 

 

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1    (u-0.5) "Hallucinogen" means a drug that causes markedly
2altered sensory perception leading to hallucinations of any
3type.
4    (u-1) "Home infusion services" means services provided by a
5pharmacy in compounding solutions for direct administration to
6a patient in a private residence, long-term care facility, or
7hospice setting by means of parenteral, intravenous,
8intramuscular, subcutaneous, or intraspinal infusion.
9    (u-5) "Illinois State Police" means the State Police of the
10State of Illinois, or its successor agency.
11    (v) "Immediate precursor" means a substance:
12        (1) which the Department has found to be and by rule
13    designated as being a principal compound used, or produced
14    primarily for use, in the manufacture of a controlled
15    substance;
16        (2) which is an immediate chemical intermediary used or
17    likely to be used in the manufacture of such controlled
18    substance; and
19        (3) the control of which is necessary to prevent,
20    curtail or limit the manufacture of such controlled
21    substance.
22    (w) "Instructional activities" means the acts of teaching,
23educating or instructing by practitioners using controlled
24substances within educational facilities approved by the State
25Board of Education or its successor agency.
26    (x) "Local authorities" means a duly organized State,

 

 

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1County or Municipal peace unit or police force.
2    (y) "Look-alike substance" means a substance, other than a
3controlled substance which (1) by overall dosage unit
4appearance, including shape, color, size, markings or lack
5thereof, taste, consistency, or any other identifying physical
6characteristic of the substance, would lead a reasonable person
7to believe that the substance is a controlled substance, or (2)
8is expressly or impliedly represented to be a controlled
9substance or is distributed under circumstances which would
10lead a reasonable person to believe that the substance is a
11controlled substance. For the purpose of determining whether
12the representations made or the circumstances of the
13distribution would lead a reasonable person to believe the
14substance to be a controlled substance under this clause (2) of
15subsection (y), the court or other authority may consider the
16following factors in addition to any other factor that may be
17relevant:
18        (a) statements made by the owner or person in control
19    of the substance concerning its nature, use or effect;
20        (b) statements made to the buyer or recipient that the
21    substance may be resold for profit;
22        (c) whether the substance is packaged in a manner
23    normally used for the illegal distribution of controlled
24    substances;
25        (d) whether the distribution or attempted distribution
26    included an exchange of or demand for money or other

 

 

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1    property as consideration, and whether the amount of the
2    consideration was substantially greater than the
3    reasonable retail market value of the substance.
4    Clause (1) of this subsection (y) shall not apply to a
5noncontrolled substance in its finished dosage form that was
6initially introduced into commerce prior to the initial
7introduction into commerce of a controlled substance in its
8finished dosage form which it may substantially resemble.
9    Nothing in this subsection (y) prohibits the dispensing or
10distributing of noncontrolled substances by persons authorized
11to dispense and distribute controlled substances under this
12Act, provided that such action would be deemed to be carried
13out in good faith under subsection (u) if the substances
14involved were controlled substances.
15    Nothing in this subsection (y) or in this Act prohibits the
16manufacture, preparation, propagation, compounding,
17processing, packaging, advertising or distribution of a drug or
18drugs by any person registered pursuant to Section 510 of the
19Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
20    (y-1) "Mail-order pharmacy" means a pharmacy that is
21located in a state of the United States that delivers,
22dispenses or distributes, through the United States Postal
23Service or other common carrier, to Illinois residents, any
24substance which requires a prescription.
25    (z) "Manufacture" means the production, preparation,
26propagation, compounding, conversion or processing of a

 

 

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1controlled substance other than methamphetamine, either
2directly or indirectly, by extraction from substances of
3natural origin, or independently by means of chemical
4synthesis, or by a combination of extraction and chemical
5synthesis, and includes any packaging or repackaging of the
6substance or labeling of its container, except that this term
7does not include:
8        (1) by an ultimate user, the preparation or compounding
9    of a controlled substance for his or her own use; or
10        (2) by a practitioner, or his or her authorized agent
11    under his or her supervision, the preparation,
12    compounding, packaging, or labeling of a controlled
13    substance:
14            (a) as an incident to his or her administering or
15        dispensing of a controlled substance in the course of
16        his or her professional practice; or
17            (b) as an incident to lawful research, teaching or
18        chemical analysis and not for sale.
19    (z-1) (Blank).
20    (z-5) "Medication shopping" means the conduct prohibited
21under subsection (a) of Section 314.5 of this Act.
22    (z-10) "Mid-level practitioner" means (i) a physician
23assistant who has been delegated authority to prescribe through
24a written delegation of authority by a physician licensed to
25practice medicine in all of its branches, in accordance with
26Section 7.5 of the Physician Assistant Practice Act of 1987,

 

 

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1(ii) an advanced practice nurse who has been delegated
2authority to prescribe through a written delegation of
3authority by a physician licensed to practice medicine in all
4of its branches or by a podiatric physician podiatrist, in
5accordance with Section 65-40 of the Nurse Practice Act, or
6(iii) an animal euthanasia agency.
7    (aa) "Narcotic drug" means any of the following, whether
8produced directly or indirectly by extraction from substances
9of vegetable origin, or independently by means of chemical
10synthesis, or by a combination of extraction and chemical
11synthesis:
12        (1) opium, opiates, derivatives of opium and opiates,
13    including their isomers, esters, ethers, salts, and salts
14    of isomers, esters, and ethers, whenever the existence of
15    such isomers, esters, ethers, and salts is possible within
16    the specific chemical designation; however the term
17    "narcotic drug" does not include the isoquinoline
18    alkaloids of opium;
19        (2) (blank);
20        (3) opium poppy and poppy straw;
21        (4) coca leaves, except coca leaves and extracts of
22    coca leaves from which substantially all of the cocaine and
23    ecgonine, and their isomers, derivatives and salts, have
24    been removed;
25        (5) cocaine, its salts, optical and geometric isomers,
26    and salts of isomers;

 

 

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1        (6) ecgonine, its derivatives, their salts, isomers,
2    and salts of isomers;
3        (7) any compound, mixture, or preparation which
4    contains any quantity of any of the substances referred to
5    in subparagraphs (1) through (6).
6    (bb) "Nurse" means a registered nurse licensed under the
7Nurse Practice Act.
8    (cc) (Blank).
9    (dd) "Opiate" means any substance having an addiction
10forming or addiction sustaining liability similar to morphine
11or being capable of conversion into a drug having addiction
12forming or addiction sustaining liability.
13    (ee) "Opium poppy" means the plant of the species Papaver
14somniferum L., except its seeds.
15    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
16solution or other liquid form of medication intended for
17administration by mouth, but the term does not include a form
18of medication intended for buccal, sublingual, or transmucosal
19administration.
20    (ff) "Parole and Pardon Board" means the Parole and Pardon
21Board of the State of Illinois or its successor agency.
22    (gg) "Person" means any individual, corporation,
23mail-order pharmacy, government or governmental subdivision or
24agency, business trust, estate, trust, partnership or
25association, or any other entity.
26    (hh) "Pharmacist" means any person who holds a license or

 

 

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1certificate of registration as a registered pharmacist, a local
2registered pharmacist or a registered assistant pharmacist
3under the Pharmacy Practice Act.
4    (ii) "Pharmacy" means any store, ship or other place in
5which pharmacy is authorized to be practiced under the Pharmacy
6Practice Act.
7    (ii-5) "Pharmacy shopping" means the conduct prohibited
8under subsection (b) of Section 314.5 of this Act.
9    (ii-10) "Physician" (except when the context otherwise
10requires) means a person licensed to practice medicine in all
11of its branches.
12    (jj) "Poppy straw" means all parts, except the seeds, of
13the opium poppy, after mowing.
14    (kk) "Practitioner" means a physician licensed to practice
15medicine in all its branches, dentist, optometrist, podiatric
16physician podiatrist, veterinarian, scientific investigator,
17pharmacist, physician assistant, advanced practice nurse,
18licensed practical nurse, registered nurse, hospital,
19laboratory, or pharmacy, or other person licensed, registered,
20or otherwise lawfully permitted by the United States or this
21State to distribute, dispense, conduct research with respect
22to, administer or use in teaching or chemical analysis, a
23controlled substance in the course of professional practice or
24research.
25    (ll) "Pre-printed prescription" means a written
26prescription upon which the designated drug has been indicated

 

 

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1prior to the time of issuance; the term does not mean a written
2prescription that is individually generated by machine or
3computer in the prescriber's office.
4    (mm) "Prescriber" means a physician licensed to practice
5medicine in all its branches, dentist, optometrist, podiatric
6physician podiatrist or veterinarian who issues a
7prescription, a physician assistant who issues a prescription
8for a controlled substance in accordance with Section 303.05, a
9written delegation, and a written supervision agreement
10required under Section 7.5 of the Physician Assistant Practice
11Act of 1987, or an advanced practice nurse with prescriptive
12authority delegated under Section 65-40 of the Nurse Practice
13Act and in accordance with Section 303.05, a written
14delegation, and a written collaborative agreement under
15Section 65-35 of the Nurse Practice Act.
16    (nn) "Prescription" means a written, facsimile, or oral
17order, or an electronic order that complies with applicable
18federal requirements, of a physician licensed to practice
19medicine in all its branches, dentist, podiatric physician
20podiatrist or veterinarian for any controlled substance, of an
21optometrist for a Schedule III, IV, or V controlled substance
22in accordance with Section 15.1 of the Illinois Optometric
23Practice Act of 1987, of a physician assistant for a controlled
24substance in accordance with Section 303.05, a written
25delegation, and a written supervision agreement required under
26Section 7.5 of the Physician Assistant Practice Act of 1987, or

 

 

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1of an advanced practice nurse with prescriptive authority
2delegated under Section 65-40 of the Nurse Practice Act who
3issues a prescription for a controlled substance in accordance
4with Section 303.05, a written delegation, and a written
5collaborative agreement under Section 65-35 of the Nurse
6Practice Act when required by law.
7    (nn-5) "Prescription Information Library" (PIL) means an
8electronic library that contains reported controlled substance
9data.
10    (nn-10) "Prescription Monitoring Program" (PMP) means the
11entity that collects, tracks, and stores reported data on
12controlled substances and select drugs pursuant to Section 316.
13    (oo) "Production" or "produce" means manufacture,
14planting, cultivating, growing, or harvesting of a controlled
15substance other than methamphetamine.
16    (pp) "Registrant" means every person who is required to
17register under Section 302 of this Act.
18    (qq) "Registry number" means the number assigned to each
19person authorized to handle controlled substances under the
20laws of the United States and of this State.
21    (qq-5) "Secretary" means, as the context requires, either
22the Secretary of the Department or the Secretary of the
23Department of Financial and Professional Regulation, and the
24Secretary's designated agents.
25    (rr) "State" includes the State of Illinois and any state,
26district, commonwealth, territory, insular possession thereof,

 

 

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1and any area subject to the legal authority of the United
2States of America.
3    (rr-5) "Stimulant" means any drug that (i) causes an
4overall excitation of central nervous system functions, (ii)
5causes impaired consciousness and awareness, and (iii) can be
6habit-forming or lead to a substance abuse problem, including
7but not limited to amphetamines and their analogs,
8methylphenidate and its analogs, cocaine, and phencyclidine
9and its analogs.
10    (ss) "Ultimate user" means a person who lawfully possesses
11a controlled substance for his or her own use or for the use of
12a member of his or her household or for administering to an
13animal owned by him or her or by a member of his or her
14household.
15(Source: P.A. 96-189, eff. 8-10-09; 96-268, eff. 8-11-09;
1697-334, eff. 1-1-12.)
 
17    (720 ILCS 570/303.05)
18    Sec. 303.05. Mid-level practitioner registration.
19    (a) The Department of Financial and Professional
20Regulation shall register licensed physician assistants and
21licensed advanced practice nurses to prescribe and dispense
22controlled substances under Section 303 and euthanasia
23agencies to purchase, store, or administer animal euthanasia
24drugs under the following circumstances:
25        (1) with respect to physician assistants,

 

 

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1            (A) the physician assistant has been delegated
2        written authority to prescribe any Schedule III
3        through V controlled substances by a physician
4        licensed to practice medicine in all its branches in
5        accordance with Section 7.5 of the Physician Assistant
6        Practice Act of 1987; and the physician assistant has
7        completed the appropriate application forms and has
8        paid the required fees as set by rule; or
9            (B) the physician assistant has been delegated
10        authority by a supervising physician licensed to
11        practice medicine in all its branches to prescribe or
12        dispense Schedule II controlled substances through a
13        written delegation of authority and under the
14        following conditions:
15                (i) Specific Schedule II controlled substances
16            by oral dosage or topical or transdermal
17            application may be delegated, provided that the
18            delegated Schedule II controlled substances are
19            routinely prescribed by the supervising physician.
20            This delegation must identify the specific
21            Schedule II controlled substances by either brand
22            name or generic name. Schedule II controlled
23            substances to be delivered by injection or other
24            route of administration may not be delegated;
25                (ii) any delegation must be of controlled
26            substances prescribed by the supervising

 

 

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1            physician;
2                (iii) all prescriptions must be limited to no
3            more than a 30-day supply, with any continuation
4            authorized only after prior approval of the
5            supervising physician;
6                (iv) the physician assistant must discuss the
7            condition of any patients for whom a controlled
8            substance is prescribed monthly with the
9            delegating physician;
10                (v) the physician assistant must have
11            completed the appropriate application forms and
12            paid the required fees as set by rule;
13                (vi) the physician assistant must provide
14            evidence of satisfactory completion of 45 contact
15            hours in pharmacology from any physician assistant
16            program accredited by the Accreditation Review
17            Commission on Education for the Physician
18            Assistant (ARC-PA), or its predecessor agency, for
19            any new license issued with Schedule II authority
20            after the effective date of this amendatory Act of
21            the 97th General Assembly; and
22                (vii) the physician assistant must annually
23            complete at least 5 hours of continuing education
24            in pharmacology.
25        (2) with respect to advanced practice nurses,
26            (A) the advanced practice nurse has been delegated

 

 

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1        authority to prescribe any Schedule III through V
2        controlled substances by a collaborating physician
3        licensed to practice medicine in all its branches or a
4        collaborating podiatric physician podiatrist in
5        accordance with Section 65-40 of the Nurse Practice
6        Act. The advanced practice nurse has completed the
7        appropriate application forms and has paid the
8        required fees as set by rule; or
9            (B) the advanced practice nurse has been delegated
10        authority by a collaborating physician licensed to
11        practice medicine in all its branches or collaborating
12        podiatric physician podiatrist to prescribe or
13        dispense Schedule II controlled substances through a
14        written delegation of authority and under the
15        following conditions:
16                (i) specific Schedule II controlled substances
17            by oral dosage or topical or transdermal
18            application may be delegated, provided that the
19            delegated Schedule II controlled substances are
20            routinely prescribed by the collaborating
21            physician or podiatric physician podiatrist. This
22            delegation must identify the specific Schedule II
23            controlled substances by either brand name or
24            generic name. Schedule II controlled substances to
25            be delivered by injection or other route of
26            administration may not be delegated;

 

 

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1                (ii) any delegation must be of controlled
2            substances prescribed by the collaborating
3            physician or podiatric physician podiatrist;
4                (iii) all prescriptions must be limited to no
5            more than a 30-day supply, with any continuation
6            authorized only after prior approval of the
7            collaborating physician or podiatric physician
8            podiatrist;
9                (iv) the advanced practice nurse must discuss
10            the condition of any patients for whom a controlled
11            substance is prescribed monthly with the
12            delegating physician or podiatric physician
13            podiatrist or in the course of review as required
14            by Section 65-40 of the Nurse Practice Act;
15                (v) the advanced practice nurse must have
16            completed the appropriate application forms and
17            paid the required fees as set by rule;
18                (vi) the advanced practice nurse must provide
19            evidence of satisfactory completion of at least 45
20            graduate contact hours in pharmacology for any new
21            license issued with Schedule II authority after
22            the effective date of this amendatory Act of the
23            97th General Assembly; and
24                (vii) the advanced practice nurse must
25            annually complete 5 hours of continuing education
26            in pharmacology; or

 

 

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1        (3) with respect to animal euthanasia agencies, the
2    euthanasia agency has obtained a license from the
3    Department of Financial and Professional Regulation and
4    obtained a registration number from the Department.
5    (b) The mid-level practitioner shall only be licensed to
6prescribe those schedules of controlled substances for which a
7licensed physician or licensed podiatric physician podiatrist
8has delegated prescriptive authority, except that an animal
9euthanasia agency does not have any prescriptive authority. A
10physician assistant and an advanced practice nurse are
11prohibited from prescribing medications and controlled
12substances not set forth in the required written delegation of
13authority.
14    (c) Upon completion of all registration requirements,
15physician assistants, advanced practice nurses, and animal
16euthanasia agencies may be issued a mid-level practitioner
17controlled substances license for Illinois.
18    (d) A collaborating physician or podiatric physician
19podiatrist may, but is not required to, delegate prescriptive
20authority to an advanced practice nurse as part of a written
21collaborative agreement, and the delegation of prescriptive
22authority shall conform to the requirements of Section 65-40 of
23the Nurse Practice Act.
24    (e) A supervising physician may, but is not required to,
25delegate prescriptive authority to a physician assistant as
26part of a written supervision agreement, and the delegation of

 

 

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1prescriptive authority shall conform to the requirements of
2Section 7.5 of the Physician Assistant Practice Act of 1987.
3    (f) Nothing in this Section shall be construed to prohibit
4generic substitution.
5(Source: P.A. 96-189, eff. 8-10-09; 96-268, eff. 8-11-09;
696-1000, eff. 7-2-10; 97-334, eff. 1-1-12; 97-358, eff.
78-12-11; 97-813, eff. 7-13-12.)
 
8    Section 110. The Code of Civil Procedure is amended by
9changing Sections 2-622 and 8-2001 as follows:
 
10    (735 ILCS 5/2-622)  (from Ch. 110, par. 2-622)
11    Sec. 2-622. Healing art malpractice.
12    (a) In any action, whether in tort, contract or otherwise,
13in which the plaintiff seeks damages for injuries or death by
14reason of medical, hospital, or other healing art malpractice,
15the plaintiff's attorney or the plaintiff, if the plaintiff is
16proceeding pro se, shall file an affidavit, attached to the
17original and all copies of the complaint, declaring one of the
18following:
19        1. That the affiant has consulted and reviewed the
20    facts of the case with a health professional who the
21    affiant reasonably believes: (i) is knowledgeable in the
22    relevant issues involved in the particular action; (ii)
23    practices or has practiced within the last 6 years or
24    teaches or has taught within the last 6 years in the same

 

 

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1    area of health care or medicine that is at issue in the
2    particular action; and (iii) is qualified by experience or
3    demonstrated competence in the subject of the case; that
4    the reviewing health professional has determined in a
5    written report, after a review of the medical record and
6    other relevant material involved in the particular action
7    that there is a reasonable and meritorious cause for the
8    filing of such action; and that the affiant has concluded
9    on the basis of the reviewing health professional's review
10    and consultation that there is a reasonable and meritorious
11    cause for filing of such action. If the affidavit is filed
12    as to a defendant who is a physician licensed to treat
13    human ailments without the use of drugs or medicines and
14    without operative surgery, a dentist, a podiatric
15    physician podiatrist, a psychologist, or a naprapath, the
16    written report must be from a health professional licensed
17    in the same profession, with the same class of license, as
18    the defendant. For affidavits filed as to all other
19    defendants, the written report must be from a physician
20    licensed to practice medicine in all its branches. In
21    either event, the affidavit must identify the profession of
22    the reviewing health professional. A copy of the written
23    report, clearly identifying the plaintiff and the reasons
24    for the reviewing health professional's determination that
25    a reasonable and meritorious cause for the filing of the
26    action exists, must be attached to the affidavit, but

 

 

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1    information which would identify the reviewing health
2    professional may be deleted from the copy so attached.
3        2. That the affiant was unable to obtain a consultation
4    required by paragraph 1 because a statute of limitations
5    would impair the action and the consultation required could
6    not be obtained before the expiration of the statute of
7    limitations. If an affidavit is executed pursuant to this
8    paragraph, the certificate and written report required by
9    paragraph 1 shall be filed within 90 days after the filing
10    of the complaint. The defendant shall be excused from
11    answering or otherwise pleading until 30 days after being
12    served with a certificate required by paragraph 1.
13        3. That a request has been made by the plaintiff or his
14    attorney for examination and copying of records pursuant to
15    Part 20 of Article VIII of this Code and the party required
16    to comply under those Sections has failed to produce such
17    records within 60 days of the receipt of the request. If an
18    affidavit is executed pursuant to this paragraph, the
19    certificate and written report required by paragraph 1
20    shall be filed within 90 days following receipt of the
21    requested records. All defendants except those whose
22    failure to comply with Part 20 of Article VIII of this Code
23    is the basis for an affidavit under this paragraph shall be
24    excused from answering or otherwise pleading until 30 days
25    after being served with the certificate required by
26    paragraph 1.

 

 

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1    (b) Where a certificate and written report are required
2pursuant to this Section a separate certificate and written
3report shall be filed as to each defendant who has been named
4in the complaint and shall be filed as to each defendant named
5at a later time.
6    (c) Where the plaintiff intends to rely on the doctrine of
7"res ipsa loquitur", as defined by Section 2-1113 of this Code,
8the certificate and written report must state that, in the
9opinion of the reviewing health professional, negligence has
10occurred in the course of medical treatment. The affiant shall
11certify upon filing of the complaint that he is relying on the
12doctrine of "res ipsa loquitur".
13    (d) When the attorney intends to rely on the doctrine of
14failure to inform of the consequences of the procedure, the
15attorney shall certify upon the filing of the complaint that
16the reviewing health professional has, after reviewing the
17medical record and other relevant materials involved in the
18particular action, concluded that a reasonable health
19professional would have informed the patient of the
20consequences of the procedure.
21    (e) Allegations and denials in the affidavit, made without
22reasonable cause and found to be untrue, shall subject the
23party pleading them or his attorney, or both, to the payment of
24reasonable expenses, actually incurred by the other party by
25reason of the untrue pleading, together with reasonable
26attorneys' fees to be summarily taxed by the court upon motion

 

 

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1made within 30 days of the judgment or dismissal. In no event
2shall the award for attorneys' fees and expenses exceed those
3actually paid by the moving party, including the insurer, if
4any. In proceedings under this paragraph (e), the moving party
5shall have the right to depose and examine any and all
6reviewing health professionals who prepared reports used in
7conjunction with an affidavit required by this Section.
8    (f) A reviewing health professional who in good faith
9prepares a report used in conjunction with an affidavit
10required by this Section shall have civil immunity from
11liability which otherwise might result from the preparation of
12such report.
13    (g) The failure to file a certificate required by this
14Section shall be grounds for dismissal under Section 2-619.
15    (h) (Blank).
16    (i) (Blank).
17(Source: P.A. 97-1145, eff. 1-18-13.)
 
18    (735 ILCS 5/8-2001)  (from Ch. 110, par. 8-2001)
19    Sec. 8-2001. Examination of health care records.
20    (a) In this Section:
21    "Health care facility" or "facility" means a public or
22private hospital, ambulatory surgical treatment center,
23nursing home, independent practice association, or physician
24hospital organization, or any other entity where health care
25services are provided to any person. The term does not include

 

 

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1a health care practitioner.
2    "Health care practitioner" means any health care
3practitioner, including a physician, dentist, podiatric
4physician podiatrist, advanced practice nurse, physician
5assistant, clinical psychologist, or clinical social worker.
6The term includes a medical office, health care clinic, health
7department, group practice, and any other organizational
8structure for a licensed professional to provide health care
9services. The term does not include a health care facility.
10    (b) Every private and public health care facility shall,
11upon the request of any patient who has been treated in such
12health care facility, or any person, entity, or organization
13presenting a valid authorization for the release of records
14signed by the patient or the patient's legally authorized
15representative, or as authorized by Section 8-2001.5, permit
16the patient, his or her health care practitioner, authorized
17attorney, or any person, entity, or organization presenting a
18valid authorization for the release of records signed by the
19patient or the patient's legally authorized representative to
20examine the health care facility patient care records,
21including but not limited to the history, bedside notes,
22charts, pictures and plates, kept in connection with the
23treatment of such patient, and permit copies of such records to
24be made by him or her or his or her health care practitioner or
25authorized attorney.
26    (c) Every health care practitioner shall, upon the request

 

 

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1of any patient who has been treated by the health care
2practitioner, or any person, entity, or organization
3presenting a valid authorization for the release of records
4signed by the patient or the patient's legally authorized
5representative, permit the patient and the patient's health
6care practitioner or authorized attorney, or any person,
7entity, or organization presenting a valid authorization for
8the release of records signed by the patient or the patient's
9legally authorized representative, to examine and copy the
10patient's records, including but not limited to those relating
11to the diagnosis, treatment, prognosis, history, charts,
12pictures and plates, kept in connection with the treatment of
13such patient.
14    (d) A request for copies of the records shall be in writing
15and shall be delivered to the administrator or manager of such
16health care facility or to the health care practitioner. The
17person (including patients, health care practitioners and
18attorneys) requesting copies of records shall reimburse the
19facility or the health care practitioner at the time of such
20copying for all reasonable expenses, including the costs of
21independent copy service companies, incurred in connection
22with such copying not to exceed a $20 handling charge for
23processing the request and the actual postage or shipping
24charge, if any, plus: (1) for paper copies 75 cents per page
25for the first through 25th pages, 50 cents per page for the
2626th through 50th pages, and 25 cents per page for all pages in

 

 

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1excess of 50 (except that the charge shall not exceed $1.25 per
2page for any copies made from microfiche or microfilm; records
3retrieved from scanning, digital imaging, electronic
4information or other digital format do not qualify as
5microfiche or microfilm retrieval for purposes of calculating
6charges); and (2) for electronic records, retrieved from a
7scanning, digital imaging, electronic information or other
8digital format in a electronic document, a charge of 50% of the
9per page charge for paper copies under subdivision (d)(1). This
10per page charge includes the cost of each CD Rom, DVD, or other
11storage media. Records already maintained in an electronic or
12digital format shall be provided in an electronic format when
13so requested. If the records system does not allow for the
14creation or transmission of an electronic or digital record,
15then the facility or practitioner shall inform the requester in
16writing of the reason the records can not be provided
17electronically. The written explanation may be included with
18the production of paper copies, if the requester chooses to
19order paper copies. These rates shall be automatically adjusted
20as set forth in Section 8-2006. The facility or health care
21practitioner may, however, charge for the reasonable cost of
22all duplication of record material or information that cannot
23routinely be copied or duplicated on a standard commercial
24photocopy machine such as x-ray films or pictures.
25    (d-5) The handling fee shall not be collected from the
26patient or the patient's personal representative who obtains

 

 

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1copies of records under Section 8-2001.5.
2    (e) The requirements of this Section shall be satisfied
3within 30 days of the receipt of a written request by a patient
4or by his or her legally authorized representative, health care
5practitioner, authorized attorney, or any person, entity, or
6organization presenting a valid authorization for the release
7of records signed by the patient or the patient's legally
8authorized representative. If the facility or health care
9practitioner needs more time to comply with the request, then
10within 30 days after receiving the request, the facility or
11health care practitioner must provide the requesting party with
12a written statement of the reasons for the delay and the date
13by which the requested information will be provided. In any
14event, the facility or health care practitioner must provide
15the requested information no later than 60 days after receiving
16the request.
17    (f) A health care facility or health care practitioner must
18provide the public with at least 30 days prior notice of the
19closure of the facility or the health care practitioner's
20practice. The notice must include an explanation of how copies
21of the facility's records may be accessed by patients. The
22notice may be given by publication in a newspaper of general
23circulation in the area in which the health care facility or
24health care practitioner is located.
25    (g) Failure to comply with the time limit requirement of
26this Section shall subject the denying party to expenses and

 

 

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1reasonable attorneys' fees incurred in connection with any
2court ordered enforcement of the provisions of this Section.
3(Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12.)
 
4    Section 115. The Good Samaritan Act is amended by changing
5Sections 30, 50, and 68 as follows:
 
6    (745 ILCS 49/30)
7    (Text of Section WITH the changes made by P.A. 94-677,
8which has been held unconstitutional)
9    Sec. 30. Free medical clinic; exemption from civil
10liability for services performed without compensation.
11    (a) A person licensed under the Medical Practice Act of
121987, a person licensed to practice the treatment of human
13ailments in any other state or territory of the United States,
14or a health care professional, including but not limited to an
15advanced practice nurse, retired physician, physician
16assistant, nurse, pharmacist, physical therapist, podiatric
17physician podiatrist, or social worker licensed in this State
18or any other state or territory of the United States, who, in
19good faith, provides medical treatment, diagnosis, or advice as
20a part of the services of an established free medical clinic
21providing care, including but not limited to home visits,
22without charge to patients which is limited to care that does
23not require the services of a licensed hospital or ambulatory
24surgical treatment center and who receives no fee or

 

 

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1compensation from that source shall not be liable for civil
2damages as a result of his or her acts or omissions in
3providing that medical treatment, except for willful or wanton
4misconduct.
5    (b) For purposes of this Section, a "free medical clinic"
6is an organized community based program providing medical care
7without charge to individuals, at which the care provided does
8not include an overnight stay in a health-care facility.
9    (c) The provisions of subsection (a) of this Section do not
10apply to a particular case unless the free medical clinic has
11posted in a conspicuous place on its premises an explanation of
12the exemption from civil liability provided herein.
13    (d) The immunity from civil damages provided under
14subsection (a) also applies to physicians, retired physicians,
15hospitals, and other health care providers that provide further
16medical treatment, diagnosis, or advice, including but not
17limited to hospitalization, office visits, and home visits, to
18a patient upon referral from an established free medical clinic
19without fee or compensation.
20    (d-5) A free medical clinic may receive reimbursement from
21the Illinois Department of Public Aid, provided any
22reimbursements shall be used only to pay overhead expenses of
23operating the free medical clinic and may not be used, in whole
24or in part, to provide a fee or other compensation to any
25person licensed under the Medical Practice Act of 1987 or any
26other health care professional who is receiving an exemption

 

 

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1under this Section. Any health care professional receiving an
2exemption under this Section may not receive any fee or other
3compensation in connection with any services provided to, or
4any ownership interest in, the clinic. Medical care shall not
5include an overnight stay in a health care facility.
6    (e) Nothing in this Section prohibits a free medical clinic
7from accepting voluntary contributions for medical services
8provided to a patient who has acknowledged his or her ability
9and willingness to pay a portion of the value of the medical
10services provided.
11    (f) Any voluntary contribution collected for providing
12care at a free medical clinic shall be used only to pay
13overhead expenses of operating the clinic. No portion of any
14moneys collected shall be used to provide a fee or other
15compensation to any person licensed under Medical Practice Act
16of 1987.
17    (g) The changes to this Section made by this amendatory Act
18of the 94th General Assembly apply to causes of action accruing
19on or after its effective date.
20(Source: P.A. 94-677, eff. 8-25-05.)
 
21    (Text of Section WITHOUT the changes made by P.A. 94-677,
22which has been held unconstitutional)
23    Sec. 30. Free medical clinic; exemption from civil
24liability for services performed without compensation.
25    (a) A person licensed under the Medical Practice Act of

 

 

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11987, a person licensed to practice the treatment of human
2ailments in any other state or territory of the United States,
3or a health care professional, including but not limited to an
4advanced practice nurse, physician assistant, nurse,
5pharmacist, physical therapist, podiatric physician
6podiatrist, or social worker licensed in this State or any
7other state or territory of the United States, who, in good
8faith, provides medical treatment, diagnosis, or advice as a
9part of the services of an established free medical clinic
10providing care to medically indigent patients which is limited
11to care that does not require the services of a licensed
12hospital or ambulatory surgical treatment center and who
13receives no fee or compensation from that source shall not be
14liable for civil damages as a result of his or her acts or
15omissions in providing that medical treatment, except for
16willful or wanton misconduct.
17    (b) For purposes of this Section, a "free medical clinic"
18is an organized community based program providing medical care
19without charge to individuals unable to pay for it, at which
20the care provided does not include the use of general
21anesthesia or require an overnight stay in a health-care
22facility.
23    (c) The provisions of subsection (a) of this Section do not
24apply to a particular case unless the free medical clinic has
25posted in a conspicuous place on its premises an explanation of
26the exemption from civil liability provided herein.

 

 

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1    (d) The immunity from civil damages provided under
2subsection (a) also applies to physicians, hospitals, and other
3health care providers that provide further medical treatment,
4diagnosis, or advice to a patient upon referral from an
5established free medical clinic without fee or compensation.
6    (e) Nothing in this Section prohibits a free medical clinic
7from accepting voluntary contributions for medical services
8provided to a patient who has acknowledged his or her ability
9and willingness to pay a portion of the value of the medical
10services provided.
11    Any voluntary contribution collected for providing care at
12a free medical clinic shall be used only to pay overhead
13expenses of operating the clinic. No portion of any moneys
14collected shall be used to provide a fee or other compensation
15to any person licensed under Medical Practice Act of 1987.
16(Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)
 
17    (745 ILCS 49/50)
18    Sec. 50. Podiatric physician Podiatrist; exemption from
19civil liability for emergency care. Any person licensed to
20practice podiatric medicine in Illinois, or licensed under an
21Act of any other state or territory of the United States, who
22in good faith provides emergency care without fee to a victim
23of an accident at the scene of an accident or in case of
24nuclear attack shall not, as a result of his acts or omissions,
25except willful or wanton misconduct on the part of the person

 

 

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1in providing the care, be liable for civil damages.
2(Source: P.A. 89-607, eff. 1-1-97.)
 
3    (745 ILCS 49/68)
4    Sec. 68. Disaster Relief Volunteers. Any firefighter,
5licensed emergency medical technician (EMT) as defined by
6Section 3.50 of the Emergency Medical Services (EMS) Systems
7Act, physician, dentist, podiatric physician podiatrist,
8optometrist, pharmacist, advanced practice nurse, physician
9assistant, or nurse who in good faith and without fee or
10compensation provides health care services as a disaster relief
11volunteer shall not, as a result of his or her acts or
12omissions, except willful and wanton misconduct on the part of
13the person, in providing health care services, be liable to a
14person to whom the health care services are provided for civil
15damages. This immunity applies to health care services that are
16provided without fee or compensation during or within 10 days
17following the end of a disaster or catastrophic event.
18    The immunity provided in this Section only applies to a
19disaster relief volunteer who provides health care services in
20relief of an earthquake, hurricane, tornado, nuclear attack,
21terrorist attack, epidemic, or pandemic without fee or
22compensation for providing the volunteer health care services.
23    The provisions of this Section shall not apply to any
24health care facility as defined in Section 8-2001 of the Code
25of Civil Procedure or to any practitioner, who is not a

 

 

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1disaster relief volunteer, providing health care services in a
2hospital or health care facility.
3(Source: P.A. 95-447, eff. 8-27-07.)
 
4    Section 999. Effective date. This Act takes effect upon
5becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    40 ILCS 5/24-102from Ch. 108 1/2, par. 24-102
4    110 ILCS 978/5
5    110 ILCS 978/15
6    210 ILCS 5/3from Ch. 111 1/2, par. 157-8.3
7    210 ILCS 5/6from Ch. 111 1/2, par. 157-8.6
8    210 ILCS 5/6.5
9    210 ILCS 5/6.7
10    210 ILCS 5/14from Ch. 111 1/2, par. 157-8.14
11    210 ILCS 25/2-127from Ch. 111 1/2, par. 622-127
12    210 ILCS 25/7-101from Ch. 111 1/2, par. 627-101
13    210 ILCS 25/7-108from Ch. 111 1/2, par. 627-108
14    210 ILCS 25/7-112from Ch. 111 1/2, par. 627-112
15    210 ILCS 30/4from Ch. 111 1/2, par. 4164
16    210 ILCS 85/10from Ch. 111 1/2, par. 151
17    210 ILCS 85/10.7
18    215 ILCS 165/2from Ch. 32, par. 596
19    215 ILCS 165/7from Ch. 32, par. 601
20    215 ILCS 165/17from Ch. 32, par. 611
21    225 ILCS 5/16from Ch. 111, par. 7616
22    225 ILCS 47/15
23    225 ILCS 51/15
24    225 ILCS 57/25
25    225 ILCS 63/10

 

 

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1    225 ILCS 63/15
2    225 ILCS 63/110
3    225 ILCS 65/50-10was 225 ILCS 65/5-10
4    225 ILCS 65/50-15was 225 ILCS 65/5-15
5    225 ILCS 65/55-30
6    225 ILCS 65/65-35was 225 ILCS 65/15-15
7    225 ILCS 65/65-40was 225 ILCS 65/15-20
8    225 ILCS 65/65-45was 225 ILCS 65/15-25
9    225 ILCS 65/65-55was 225 ILCS 65/15-40
10    225 ILCS 65/70-5was 225 ILCS 65/10-45
11    225 ILCS 75/3.1
12    225 ILCS 75/19from Ch. 111, par. 3719
13    225 ILCS 84/10
14    225 ILCS 84/57
15    225 ILCS 85/3
16    225 ILCS 85/4from Ch. 111, par. 4124
17    225 ILCS 85/22from Ch. 111, par. 4142
18    225 ILCS 90/1from Ch. 111, par. 4251
19    225 ILCS 90/17from Ch. 111, par. 4267
20    225 ILCS 100/11from Ch. 111, par. 4811
21    225 ILCS 100/20.5
22    225 ILCS 100/24.2
23    225 ILCS 130/10
24    305 ILCS 5/12-4.25from Ch. 23, par. 12-4.25
25    325 ILCS 5/4from Ch. 23, par. 2054
26    410 ILCS 305/3from Ch. 111 1/2, par. 7303

 

 

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1    410 ILCS 325/5.5from Ch. 111 1/2, par. 7405.5
2    410 ILCS 620/2.36from Ch. 56 1/2, par. 502.36
3    720 ILCS 570/102from Ch. 56 1/2, par. 1102
4    720 ILCS 570/303.05
5    735 ILCS 5/2-622from Ch. 110, par. 2-622
6    735 ILCS 5/8-2001from Ch. 110, par. 8-2001
7    745 ILCS 49/30
8    745 ILCS 49/50
9    745 ILCS 49/68