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90_SB1585enr
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Amends the Illinois Nursing Act of 1987. Renames the Act
as the Nursing and Advanced Practice Nursing Act.
Reorganizes certain provisions and renumbers Sections within
the Act. Adds the Advanced Practice Registered Nurses Title
to provide for the licensure of advanced practice registered
nurses meeting specified requirements. Restricts the
practice of advanced practice registered nursing to the terms
of written collaborative and interactive team agreements
entered into with physicians licensed to practice medicine in
all its branches. Makes other changes. Amends the Medical
Practice Act of 1987 to set forth the circumstances under
which a physician licensed to practice medicine in all its
branches may delegate certain duties to physician assistants
and advanced practice registered nurses. Amends the Pharmacy
Practice Act of 1987 and the Illinois Controlled Substances
Act to expand the definition of "prescription" under each Act
to include orders for drugs issued by advanced practice
registered nurses under specified conditions. Amends the
Physician Assistant Practice Act of 1987 to provide that the
delegation of physician duties to a physician assistant shall
not limit the delegation of duties by a physician to other
personnel. Amends the Illinois Clinical Laboratory and Blood
Bank Act to add advanced practice registered nurses to the
list of persons at whose request a clinical laboratory may
examine specimens. Effective July 1, 1998.
LRB9011272NTsb
SB1585 Enrolled LRB9011272NTsb
1 AN ACT concerning medicine.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. The Mental Health and Developmental
5 Disabilities Administrative Act is amended by changing
6 Section 56 as follows:
7 (20 ILCS 1705/56) (from Ch. 91 1/2, par. 100-56)
8 Sec. 56. The Secretary, upon making a determination
9 based upon information in the possession of the Department,
10 that continuation in practice of a licensed health care
11 professional would constitute an immediate danger to the
12 public, shall submit a written communication to the Director
13 of Professional Regulation indicating such determination and
14 additionally providing a complete summary of the information
15 upon which such determination is based, and recommending that
16 the Director of Professional Regulation immediately suspend
17 such person's license. All relevant evidence, or copies
18 thereof, in the Department's possession may also be submitted
19 in conjunction with the written communication. A copy of
20 such written communication, which is exempt from the copying
21 and inspection provisions of The Freedom of Information Act,
22 shall at the time of submittal to the Director of
23 Professional Regulation be simultaneously mailed to the last
24 known business address of such licensed health care
25 professional by certified or registered postage, United
26 States Mail, return receipt requested. Any evidence, or
27 copies thereof, which is submitted in conjunction with the
28 written communication is also exempt from the copying and
29 inspection provisions of The Freedom of Information Act.
30 For the purposes of this Section, "licensed health care
31 professional" means any person licensed under the Illinois
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1 Dental Practice Act, the Illinois Nursing and Advanced
2 Practice Nursing Act of 1987, the Medical Practice Act of
3 1987, the Pharmacy Practice Act of 1987, the Podiatric
4 Medical Practice Act of 1987, and the Illinois Optometric
5 Practice Act of 1987.
6 (Source: P.A. 89-507, eff. 7-1-97.)
7 Section 2. The Civil Administrative Code of Illinois is
8 amended by changing Sections 55.37a and 55.62a as follows:
9 (20 ILCS 2310/55.37a) (from Ch. 127, par. 55.37a)
10 Sec. 55.37a. The Director of Public Health, upon making
11 a determination based upon information in the possession of
12 the Department, that continuation in practice of a licensed
13 health care professional would constitute an immediate danger
14 to the public, shall submit a written communication to the
15 Director of the Department of Professional Regulation
16 indicating such determination and additionally providing a
17 complete summary of the information upon which such
18 determination is based, and recommending that the Director of
19 Professional Regulation immediately suspend such person's
20 license. All relevant evidence, or copies thereof, in the
21 Department's possession may also be submitted in conjunction
22 with the written communication. A copy of such written
23 communication, which is exempt from the copying and
24 inspection provisions of The Freedom of Information Act,
25 shall at the time of submittal to the Director of the
26 Department of Professional Regulation be simultaneously
27 mailed to the last known business address of such licensed
28 health care professional by certified or registered postage,
29 United States Mail, return receipt requested. Any evidence,
30 or copies thereof, which is submitted in conjunction with the
31 written communication is also exempt for the copying and
32 inspection provisions of The Freedom of Information Act.
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1 For the purposes of this Section "licensed health care
2 professional" means any person licensed under the Illinois
3 Dental Practice Act, the Illinois Nursing and Advanced
4 Practice Nursing Act of 1987, the Medical Practice Act of
5 1987, the Pharmacy Practice Act of 1987, the Podiatric
6 Medical Practice Act of 1987, and the Illinois Optometric
7 Practice Act of 1987.
8 (Source: P.A. 85-1209.)
9 (20 ILCS 2310/55.62a)
10 Sec. 55.62a. Advisory Panel on Minority Health.
11 (a) In this Section:
12 "Health profession" means any health profession regulated
13 under the laws of this State, including, without limitation,
14 professions regulated under the Illinois Athletic Trainers
15 Practice Act, the Clinical Psychologist Licensing Act, the
16 Clinical Social Work and Social Work Practice Act, the
17 Illinois Dental Practice Act, the Dietetic and Nutrition
18 Services Practice Act, the Marriage and Family Therapy
19 Licensing Act, the Medical Practice Act of 1987, the
20 Naprapathic Practice Act, the Illinois Nursing and Advanced
21 Practice Nursing Act of 1987, the Illinois Occupational
22 Therapy Practice Act, the Illinois Optometric Practice Act of
23 1987, the Illinois Physical Therapy Act, the Physician
24 Assistant Practice Act of 1987, the Podiatric Medical
25 Practice Act of 1987, the Professional Counselor and Clinical
26 Professional Counselor Licensing Act, and the Illinois
27 Speech-Language Pathology and Audiology Practice Act.
28 "Minority" has the same meaning as in Section 55.62.
29 (b) The General Assembly finds as follows:
30 (1) The health status of individuals from ethnic
31 and racial minorities in this State is significantly
32 lower than the health status of the general population of
33 the State.
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1 (2) Minorities suffer disproportionately high rates
2 of cancer, stroke, heart disease, diabetes, sickle-cell
3 anemia, lupus, substance abuse, acquired immune
4 deficiency syndrome, other diseases and disorders,
5 unintentional injuries, and suicide.
6 (3) The incidence of infant mortality among
7 minorities is almost double that for the general
8 population.
9 (4) Minorities suffer disproportionately from lack
10 of access to health care and poor living conditions.
11 (5) Minorities are under-represented in the health
12 care professions.
13 (6) Minority participation in the procurement
14 policies of the health care industry is lacking.
15 (7) Minority health professionals historically have
16 tended to practice in low-income areas and to serve
17 minorities.
18 (8) National experts on minority health report that
19 access to health care among minorities can be
20 substantially improved by increasing the number of
21 minority health professionals.
22 (9) Increasing the number of minorities serving on
23 the facilities of health professional schools is an
24 important factor in attracting minorities to pursue a
25 career in health professions.
26 (10) Retaining minority health professionals
27 currently practicing in this State and those receiving
28 training and education in this State is an important
29 factor in maintaining and increasing the number of
30 minority health professionals in Illinois.
31 (11) An Advisory Panel on Minority Health is
32 necessary to address the health issues affecting
33 minorities in this State.
34 (c) The General Assembly's intent is as follows:
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1 (1) That all Illinoisans have access to health
2 care.
3 (2) That the gap between the health status of
4 minorities and other Illinoisans be closed.
5 (3) That the health issues that disproportionately
6 affect minorities be addressed to improve the health
7 status of minorities.
8 (4) That the number of minorities in the health
9 professions be increased.
10 (d) The Advisory Panel on Minority Health is created.
11 The Advisory Panel shall consist of 25 members appointed by
12 the Director of Public Health. The members shall represent
13 health professions and the General Assembly.
14 (e) The Advisory Panel shall assist the Department in
15 the following manner:
16 (1) Examination of the following areas as they
17 relate to minority health:
18 (A) Access to health care.
19 (B) Demographic factors.
20 (C) Environmental factors.
21 (D) Financing of health care.
22 (E) Health behavior.
23 (F) Health knowledge.
24 (G) Utilization of quality care.
25 (H) Minorities in health care professions.
26 (2) Development of monitoring, tracking, and
27 reporting mechanisms for programs and services with
28 minority health goals and objectives.
29 (3) Communication with local health departments,
30 community-based organizations, voluntary health
31 organizations, and other public and private organizations
32 statewide, on an ongoing basis, to learn more about their
33 services to minority communities, the health problems of
34 minority communities, and their ideas for improving
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1 minority health.
2 (4) Promotion of communication among all State
3 agencies that provide services to minority populations.
4 (5) Building coalitions between the State and
5 leadership in minority communities.
6 (6) Encouragement of recruitment and retention of
7 minority health professionals.
8 (7) Improvement in methods for collecting and
9 reporting data on minority health.
10 (8) Improvement in accessibility to health and
11 medical care for minority populations in under-served
12 rural and urban areas.
13 (9) Reduction of communication barriers for
14 non-English speaking residents.
15 (10) Coordination of the development and
16 dissemination of culturally appropriate and sensitive
17 education material, public awareness messages, and health
18 promotion programs for minorities.
19 (f) On or before January 1, 1997 the Advisory Panel
20 shall submit an interim report to the Governor and the
21 General Assembly. The interim report shall include an update
22 on the Advisory Panel's progress in performing its functions
23 under this Section and shall include recommendations,
24 including recommendations for any necessary legislative
25 changes.
26 On or before January 1, 1998 the Advisory Panel shall
27 submit a final report to the Governor and the General
28 Assembly. The final report shall include the following:
29 (1) An evaluation of the health status of
30 minorities in this State.
31 (2) An evaluation of minority access to health care
32 in this State.
33 (3) Recommendations for improving the health status
34 of minorities in this State.
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1 (4) Recommendations for increasing minority access
2 to health care in this State.
3 (5) Recommendations for increasing minority
4 participation in the procurement policies of the health
5 care industry.
6 (6) Recommendations for increasing the number of
7 minority health professionals in this State.
8 (7) Recommendations that will ensure that the
9 health status of minorities in this State continues to be
10 addressed beyond the expiration of the Advisory Panel.
11 (Source: P.A. 89-298, eff. 1-1-96.)
12 Section 3. The Geriatric Medicine Assistance Act is
13 amended by changing Section 2 as follows:
14 (20 ILCS 3945/2) (from Ch. 144, par. 2002)
15 Sec. 2. There is created the Geriatric Medicine
16 Assistance Commission. The Commission shall receive and
17 approve applications for grants from schools, recognized by
18 the Department of Professional Regulation as being authorized
19 to confer doctor of medicine, doctor of osteopathy, doctor of
20 chiropractic or registered professional nursing degrees in
21 the State, to help finance the establishment of geriatric
22 medicine programs within such schools. In determining
23 eligibility for grants, the Commission shall give preference
24 to those programs which exhibit the greatest potential for
25 directly benefiting the largest number of elderly citizens in
26 the State. The Commission may not approve the application of
27 any institution which is unable to demonstrate its current
28 financial stability and reasonable prospects for future
29 stability. No institution which fails to possess and maintain
30 an open policy with respect to race, creed, color and sex as
31 to admission of students, appointment of faculty and
32 employment of staff shall be eligible for grants under this
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1 Act. The Commission shall establish such rules and standards
2 as it deems necessary for the implementation of this Act.
3 The Commission shall be composed of 8 members selected as
4 follows: 2 physicians licensed to practice under the Medical
5 Practice Act of 1987 and specializing in geriatric medicine;
6 a registered professional nurse licensed under the Illinois
7 Nursing and Advanced Practice Nursing Act of 1987 and
8 specializing in geriatric health care medicine; 2
9 representatives of organizations interested in geriatric
10 medicine or the care of the elderly; and 3 individuals 60 or
11 older who are interested in geriatric health care medicine or
12 the care of the elderly. The members of the Commission shall
13 be selected by the Governor from a list of recommendations
14 submitted to him by organizations concerned with geriatric
15 medicine or the care of the elderly.
16 The terms of the members of the Commission shall be 4
17 years, except that of the members initially appointed, 2
18 shall be designated to serve until January 1, 1986, 3 until
19 January 1, 1988, and 2 until January 1, 1990. Members of the
20 Commission shall receive no compensation, but shall be
21 reimbursed for actual expenses incurred in carrying out their
22 duties.
23 (Source: P.A. 85-1209.)
24 Section 4. The Baccalaureate Assistance Law for
25 Registered Nurses is amended by changing Section 3 as
26 follows:
27 (110 ILCS 915/3) (from Ch. 144, par. 1403)
28 Sec. 3. Definitions. The following terms, whenever used
29 or referred to, have the following meanings except where the
30 context clearly indicates otherwise:
31 (a) "Board" means: the Board of Higher Education created
32 by "An Act creating a Board of Higher Education, defining its
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1 powers and duties, making an appropriation therefor, and
2 repealing an Act therein named", approved August 22, 1961, as
3 now or hereafter amended.
4 (b) "Department" means: the Illinois Department of
5 Public Health.
6 (c) "Approved institution" means: a college or
7 university located in this State which has National League
8 for Nursing accreditation for the baccalaureate degree
9 program in nursing.
10 (d) "Enrollment" means: the establishment and
11 maintenance of an individual's status as a student in an
12 approved institution, regardless of the terms used at the
13 institution to describe such status.
14 (e) "Academic year" means: the period of time from
15 September 1 of one year through August 31 of the next year.
16 (f) "Registered Nurse" or "professional nurse" means: a
17 nurse holding a valid existing license in good standing as a
18 registered professional nurse issued by the Department of
19 Professional Regulation under the Illinois Nursing and
20 Advanced Practice Nursing Act of 1987.
21 (g) "Regions" means: the official and uniform state
22 planning and administrative regions established by the
23 Governor by Executive Order No. 7, dated June 22, 1971, as
24 amended.
25 (h) "Director" means: the Director of the Illinois
26 Department of Public Health.
27 (Source: P.A. 85-1209.)
28 Section 5. The Nursing Education Scholarship Law is
29 amended by changing Section 6 as follows:
30 (110 ILCS 975/6) (from Ch. 144, par. 2756)
31 Sec. 6. Nursing requirements for scholarship recipients.
32 Upon graduation from an associate degree or hospital
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1 based program in professional nursing, baccalaureate degree
2 in nursing program, or other program or course of study any
3 person who accepted a scholarship under Section 5 shall,
4 during the 7 year period immediately following his or her
5 graduation, be employed in this State as a registered
6 professional nurse or licensed practical nurse, as each term
7 defined in the Illinois Nursing and Advanced Practice Nursing
8 Act of 1987, for at least one year for each year of full-time
9 scholarship support received. If the recipient spends up to
10 4 years in military service before or after he or she
11 graduates, the period of military service shall be excluded
12 from the computation of that 7 year period. A recipient who
13 is enrolled in an academic program leading to a graduate
14 degree in nursing shall have the period of graduate study
15 excluded from the computation of that 7 year period.
16 Calendar years of required employment will be
17 proportionally reduced for less than full academic year
18 scholarship support; provided that employment must be at
19 least 17.5 hours per week.
20 Any person who fails to fulfill the nursing employment
21 requirement shall pay to the Department an amount equal to
22 the amount of scholarship funds received per year for each
23 unfulfilled year of the nursing employment requirement,
24 together with interest at 7% per year on the unpaid balance.
25 All repayments must be completed within 6 years from the date
26 of the occurrence initiating the repayment. However, this
27 obligation to repay does not apply when the failure to
28 fulfill the nursing requirement results from involuntarily
29 leaving the profession due to a decrease in the number of
30 nurses employed in the State or from the death or
31 adjudication as incompetent of the person holding the
32 scholarship. No claim for repayment may be filed against the
33 estate of such a decedent or incompetent.
34 Each person applying for such a scholarship shall be
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1 provided with a copy of this Section at the time he or she
2 applies for the benefits of such scholarship.
3 (Source: P.A. 86-1467; 87-577.)
4 Section 6. The Academic Degree Act is amended by
5 changing Section 11 as follows:
6 (110 ILCS 1010/11) (from Ch. 144, par. 241)
7 Sec. 11. Exemptions. This Act shall not apply to any
8 school or educational institution regulated or approved under
9 the Illinois Nursing and Advanced Practice Nursing Act of
10 1987, as heretofore and hereafter amended.
11 This Act shall not apply to any of the following:
12 (a) in-training programs by corporations or other
13 business organizations for the training of their personnel;
14 (b) education or other improvement programs by business,
15 trade and similar organizations and associations for the
16 benefit of their members only; or
17 (c) apprentice or other training programs by labor
18 unions.
19 (Source: P.A. 85-1209.)
20 Section 7. The Ambulatory Surgical Treatment Center Act
21 is amended by adding Section 6.5 as follows:
22 (210 ILCS 5/6.5 new)
23 Sec. 6.5. Clinical privileges; advanced practice nurses.
24 No policy, rule, regulation, or practice of an ambulatory
25 surgical treatment center licensed under this Act shall be
26 inconsistent with the provision of adequate collaboration,
27 including medical direction of licensed advanced practice
28 nurses, in accordance with Section 54.5 of the Medical
29 Practice Act of 1987.
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1 Section 8. The Illinois Clinical Laboratory and Blood
2 Bank Act is amended by changing Section 7-101 as follows:
3 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
4 Sec. 7-101. Examination of specimens. A clinical
5 laboratory shall examine specimens only at the request of (i)
6 a licensed physician, (ii) a licensed dentist, (iii) a
7 licensed podiatrist, (iv) a therapeutic optometrist for
8 diagnostic or therapeutic purposes related to the use of
9 diagnostic topical or therapeutic ocular pharmaceutical
10 agents, as defined in subsections (c) and (d) of Section 15.1
11 of the Illinois Optometric Practice Act of 1987, (v) a
12 licensed physician assistant in accordance with the written
13 guidelines required under subdivision (3) of Section 4 and
14 under Section 7.5 of the Physician Assistant Practice Act of
15 1987, (v-A) an advanced practice nurse in accordance with
16 the written collaborative agreement required under Section
17 15-15 of the Nursing and Advanced Practice Nursing Act, or
18 (vi) an authorized law enforcement agency or, in the case of
19 blood alcohol, at the request of the individual for whom the
20 test is to be performed in compliance with Sections 11-501
21 and 11-501.1 of the Illinois Vehicle Code. If the request
22 to a laboratory is oral, the physician or other authorized
23 person shall submit a written request to the laboratory
24 within 48 hours. If the laboratory does not receive the
25 written request within that period, it shall note that fact
26 in its records.
27 (Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;
28 revised 10-23-97.)
29 Section 9. The Life Care Facilities Act is amended by
30 changing Section 2 as follows:
31 (210 ILCS 40/2) (from Ch. 111 1/2, par. 4160-2)
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1 Sec. 2. As used in this Act, unless the context
2 otherwise requires:
3 (a) "Department" means the Department of Public Health.
4 (b) "Director" means the Director of the Department.
5 (c) "Life care contract" means a contract to provide to
6 a person for the duration of such person's life or for a term
7 in excess of one year, nursing services, medical services or
8 personal care services, in addition to maintenance services
9 for such person in a facility, conditioned upon the transfer
10 of an entrance fee to the provider of such services in
11 addition to or in lieu of the payment of regular periodic
12 charges for the care and services involved.
13 (d) "Provider" means a person who provides services
14 pursuant to a life care contract.
15 (e) "Resident" means a person who enters into a life
16 care contract with a provider, or who is designated in a life
17 care contract to be a person provided with maintenance and
18 nursing, medical or personal care services.
19 (f) "Facility" means a place or places in which a
20 provider undertakes to provide a resident with nursing
21 services, medical services or personal care services, in
22 addition to maintenance services for a term in excess of one
23 year or for life pursuant to a life care contract. The term
24 also means a place or places in which a provider undertakes
25 to provide such services to a non-resident.
26 (g) "Living unit" means an apartment, room or other area
27 within a facility set aside for the exclusive use of one or
28 more identified residents.
29 (h) "Entrance fee" means an initial or deferred transfer
30 to a provider of a sum of money or property, made or promised
31 to be made by a person entering into a life care contract,
32 which assures a resident of services pursuant to a life care
33 contract.
34 (i) "Permit" means a written authorization to enter into
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1 life care contracts issued by the Department to a provider.
2 (j) "Medical services" means those services pertaining
3 to medical or dental care that are performed in behalf of
4 patients at the direction of a physician licensed under the
5 Medical Practice Act of 1987 or a dentist licensed under "the
6 Illinois Dental Practice Act" by such physicians or dentists,
7 or by a registered or licensed practical nurse as defined in
8 the Illinois Nursing and Advanced Practice Nursing Act of
9 1987 or by other professional and technical personnel.
10 (k) "Nursing services" means those services pertaining
11 to the curative, restorative and preventive aspects of
12 nursing care that are performed at the direction of a
13 physician licensed under the Medical Practice Act of 1987 by
14 or under the supervision of a registered or licensed
15 practical nurse as defined in the Illinois Nursing and
16 Advanced Practice Nursing Act of 1987.
17 (l) "Personal care services" means assistance with
18 meals, dressing, movement, bathing or other personal needs or
19 maintenance, or general supervision and oversight of the
20 physical and mental well-being of an individual, who is
21 incapable of maintaining a private, independent residence or
22 who is incapable of managing his person whether or not a
23 guardian has been appointed for such individual.
24 (m) "Maintenance services" means food, shelter and
25 laundry services.
26 (n) "Certificates of Need" means those permits issued
27 pursuant to the Illinois Health Facilities Planning Act as
28 now or hereafter amended.
29 (o) "Non-resident" means a person admitted to a facility
30 who has not entered into a life care contract.
31 (Source: P.A. 85-1440.)
32 Section 10. The Nursing Home Care Act is amended by
33 changing Section 1-118 as follows:
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1 (210 ILCS 45/1-118) (from Ch. 111 1/2, par. 4151-118)
2 Sec. 1-118. "Nurse" means a registered nurse or a
3 licensed practical nurse as defined in the Illinois Nursing
4 and Advanced Practice Nursing Act of 1987, as now or
5 hereafter amended.
6 (Source: P.A. 85-1209)
7 Section 11. The Emergency Medical Services (EMS) Systems
8 Act is amended by changing Section 3.80 as follows:
9 (210 ILCS 50/3.80)
10 Sec. 3.80. Pre-Hospital RN and Emergency Communications
11 Registered Nurse.
12 (a) Emergency Communications Registered Nurse or "ECRN"
13 means a registered professional nurse, licensed under the
14 Illinois Nursing and Advanced Practice Nursing Act of 1987
15 who has successfully completed supplemental education in
16 accordance with rules adopted by the Department, and who is
17 approved by an EMS Medical Director to monitor
18 telecommunications from and give voice orders to EMS System
19 personnel, under the authority of the EMS Medical Director
20 and in accordance with System protocols.
21 Upon the effective date of this amendatory Act of 1995,
22 all existing Registered Professional Nurse/MICNs shall be
23 considered ECRNs.
24 (b) "Pre-Hospital Registered Nurse" or "Pre-Hospital RN"
25 means a registered professional nurse, licensed under the
26 Illinois Nursing and Advanced Practice Nursing Act of 1987
27 who has successfully completed supplemental education in
28 accordance with rules adopted by the Department pursuant to
29 this Act, and who is approved by an EMS Medical Director to
30 practice within an EMS System as emergency medical services
31 personnel for pre-hospital and inter-hospital emergency care
32 and non-emergency medical transports.
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1 Upon the effective date of this amendatory Act of 1995,
2 all existing Registered Professional Nurse/Field RNs shall be
3 considered Pre-Hospital RNs.
4 (c) The Department shall have the authority and
5 responsibility to:
6 (1) Prescribe education and continuing education
7 requirements for Pre-Hospital RN and ECRN candidates
8 through rules adopted pursuant to this Act:
9 (A) Education for Pre-Hospital RN shall
10 include extrication, telecommunications, and
11 pre-hospital cardiac and trauma care;
12 (B) Education for ECRN shall include
13 telecommunications, System standing medical orders
14 and the procedures and protocols established by the
15 EMS Medical Director;
16 (C) A Pre-Hospital RN candidate who is
17 fulfilling clinical training and in-field supervised
18 experience requirements may perform prescribed
19 procedures under the direct supervision of a
20 physician licensed to practice medicine in all of
21 its branches, a qualified registered professional
22 nurse or a qualified EMT, only when authorized by
23 the EMS Medical Director;
24 (D) An EMS Medical Director may impose
25 in-field supervised field experience requirements on
26 System ECRNs as part of their training or continuing
27 education, in which they perform prescribed
28 procedures under the direct supervision of a
29 physician licensed to practice medicine in all of
30 its branches, a qualified registered professional
31 nurse or qualified EMT, only when authorized by the
32 EMS Medical Director;
33 (2) Require EMS Medical Directors to reapprove
34 Pre-Hospital RNs and ECRNs every 4 years, based on
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1 compliance with continuing education requirements
2 prescribed by the Department through rules adopted
3 pursuant to this Act;
4 (3) Allow EMS Medical Directors to grant inactive
5 status to any Pre-Hospital RN or ECRN who qualifies,
6 based on standards and procedures established by the
7 Department in rules adopted pursuant to this Act;
8 (4) Require a Pre-Hospital RN to honor Do Not
9 Resuscitate (DNR) orders and powers of attorney for
10 health care only in accordance with rules adopted by the
11 Department pursuant to this Act and protocols of the EMS
12 System in which he or she practices.
13 (Source: P.A. 89-177, eff. 7-19-95.)
14 Section 12. The Hospice Program Licensing Act is amended
15 by changing Section 3 as follows:
16 (210 ILCS 60/3) (from Ch. 111 1/2, par. 6103)
17 Sec. 3. Definitions. As used in this Act, unless the
18 context otherwise requires:
19 (a) "Bereavement" means the period of time during which
20 the hospice patient's family experiences and adjusts to the
21 death of the hospice patient.
22 (b) "Department" means the Illinois Department of Public
23 Health.
24 (c) "Director" means the Director of the Illinois
25 Department of Public Health.
26 (d) "Full hospice" means a coordinated program of home
27 and inpatient care providing directly, or through agreement,
28 palliative and supportive medical, health and other services
29 to terminally ill patients and their families. A full
30 hospice utilizes a medically directed interdisciplinary
31 hospice care team of professionals and volunteers. The
32 program provides care to meet the physical, psychological,
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1 social, spiritual and other special needs which are
2 experienced during the final stages of illness and during
3 dying and bereavement. Home care is to be provided on a
4 part-time, intermittent, regularly scheduled basis, and on an
5 on-call around-the-clock basis according to patient and
6 family need. To the maximum extent possible, care shall be
7 furnished in the patient's home. Should in-patient care be
8 required, services are to be provided with the intent of
9 minimizing the length of such care and shall only be provided
10 in a hospital licensed under the Hospital Licensing Act, or a
11 skilled nursing facility licensed under the Nursing Home Care
12 Act.
13 (e) "Hospice care team" means an interdisciplinary
14 working unit composed of but not limited to a physician
15 licensed to practice medicine in all of its branches, a nurse
16 licensed pursuant to the Illinois Nursing and Advanced
17 Practice Nursing Act of 1987, a social worker, a pastoral or
18 other counselor, and trained volunteers. The patient and the
19 patient's family are considered members of the hospice care
20 team when development or revision of the patient's plan of
21 care takes place.
22 (f) "Hospice patient" means a terminally ill person
23 receiving hospice services.
24 (g) "Hospice patient's family" means a hospice patient's
25 immediate family consisting of a spouse, sibling, child,
26 parent and those individuals designated as such by the
27 patient for the purposes of this Act.
28 (g-1) "Hospice residence" means a home, apartment
29 building, or similar building providing living quarters:
30 (1) that is owned or operated by a person licensed
31 to operate as a full hospice; and
32 (2) at which hospice services are provided to
33 facility residents.
34 A building that is licensed under the Hospital Licensing
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1 Act or the Nursing Home Care Act is not a hospice residence.
2 (h) "Hospice services" means palliative and supportive
3 care provided to a hospice patient and his family to meet the
4 special need arising out of the physical, emotional,
5 spiritual and social stresses which are experienced during
6 the final stages of illness and during dying and bereavement.
7 Services provided to the terminally ill patient shall be
8 furnished, to the maximum extent possible, in the patient's
9 home. Should inpatient care be required, services are to be
10 provided with the intent of minimizing the length of such
11 care.
12 (i) "Palliative care" means treatment to provide for the
13 reduction or abatement of pain and other troubling symptoms,
14 rather than treatment aimed at investigation and intervention
15 for the purpose of cure or inappropriate prolongation of
16 life.
17 (j) "Hospice service plan" means a plan detailing the
18 specific hospice services offered by a full or volunteer
19 hospice, and the administrative and direct care personnel
20 responsible for those services. The plan shall include but
21 not be limited to:
22 (1) Identification of the person or persons
23 administratively responsible for the program, and the
24 affiliation of such person or persons with a licensed
25 home health agency, hospital or nursing home.
26 (2) The estimated average monthly patient census.
27 (3) The proposed geographic area the hospice will
28 serve.
29 (4) A listing of those hospice services provided
30 directly by the hospice, and those hospice services
31 provided indirectly through a contractual agreement.
32 (5) The name and qualifications of those persons or
33 entities under contract to provide indirect hospice
34 services.
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1 (6) The name and qualifications of those persons
2 providing direct hospice services, with the exception of
3 volunteers.
4 (7) A description of how the hospice plans to
5 utilize volunteers in the provision of hospice services.
6 (8) A description of the program's record keeping
7 system.
8 (k) "Terminally ill" means a medical prognosis by a
9 physician licensed to practice medicine in all of its
10 branches that a patient has an anticipated life expectancy of
11 6 months or less.
12 (l) "Volunteer" means a person who offers his or her
13 services to a hospice without compensation. Reimbursement
14 for a volunteer's expenses in providing hospice service shall
15 not be considered compensation.
16 (m) "Volunteer hospice" means a program which provides
17 hospice services to patients regardless of their ability to
18 pay, with emphasis on the utilization of volunteers to
19 provide services, under the administration of a
20 not-for-profit agency. This definition does not prohibit the
21 employment of staff.
22 (Source: P.A. 89-278, eff. 8-10-95.)
23 Section 13. The Hospital Licensing Act is amended by
24 changing Section 10 as follows:
25 (210 ILCS 85/10) (from Ch. 111 1/2, par. 151)
26 Sec. 10. Board creation; Department rules.
27 (a) The Governor shall appoint a Hospital Licensing Board
28 composed of 14 persons, which shall advise and consult with
29 the Director in the administration of this Act. The
30 Secretary of Human Services (or his or her designee) shall
31 serve on the Board, along with one additional representative
32 of the Department of Human Services to be designated by the
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1 Secretary. Four appointive members shall represent the
2 general public and 2 of these shall be members of hospital
3 governing boards; one appointive member shall be a registered
4 professional nurse or advanced practice nurse as defined in
5 the Illinois Nursing and Advanced Practice Nursing Act of
6 1987, as now or hereafter amended, who is employed in a
7 hospital; 3 appointive members shall be hospital
8 administrators actively engaged in the supervision or
9 administration of hospitals; 2 appointive members shall be
10 practicing physicians, licensed in Illinois to practice
11 medicine in all of its branches; and one appointive member
12 shall be a physician licensed to practice podiatric medicine
13 under the Podiatric Medical Practice Act of 1987; and one
14 appointive member shall be a dentist licensed to practice
15 dentistry under the "Illinois Dental Practice Act", approved
16 September 14, 1985, as amended. In making Board appointments,
17 the Governor shall give consideration to recommendations made
18 through the Director by professional organizations concerned
19 with hospital administration for the hospital administrative
20 and governing board appointments, registered professional
21 nurse organizations for the registered professional nurse
22 appointment, professional medical organizations for the
23 physician appointments, and professional dental organizations
24 for the dentist appointment.
25 (b) Each appointive member shall hold office for a term
26 of 3 years, except that any member appointed to fill a
27 vacancy occurring prior to the expiration of the term for
28 which his predecessor was appointed shall be appointed for
29 the remainder of such term and the terms of office of the
30 members first taking office shall expire, as designated at
31 the time of appointment, 2 at the end of the first year, 2 at
32 the end of the second year, and 3 at the end of the third
33 year, after the date of appointment. The initial terms of
34 office of the 2 additional members representing the general
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1 public provided for in this Section shall expire at the end
2 of the third year after the date of appointment. The term of
3 office of each original appointee shall commence July 1,
4 1953; the term of office of the original registered
5 professional nurse appointee shall commence July 1, 1969; the
6 term of office of the original licensed podiatrist appointee
7 shall commence July 1, 1981; the term of office of the
8 original dentist appointee shall commence July 1, 1987; and
9 the term of office of each successor shall commence on July 1
10 of the year in which his predecessor's term expires. Board
11 members, while serving on business of the Board, shall
12 receive actual and necessary travel and subsistence expenses
13 while so serving away from their places of residence. The
14 Board shall meet as frequently as the Director deems
15 necessary, but not less than once a year. Upon request of 5
16 or more members, the Director shall call a meeting of the
17 Board.
18 (c) The Director shall prescribe rules, regulations,
19 standards, and statements of policy needed to implement,
20 interpret, or make specific the provisions and purposes of
21 this Act. The Department shall adopt rules which set forth
22 standards for determining when the public interest, safety or
23 welfare requires emergency action in relation to termination
24 of a research program or experimental procedure conducted by
25 a hospital licensed under this Act. No rule, regulation, or
26 standard shall be adopted by the Department concerning the
27 operation of hospitals licensed under this Act which has not
28 had prior approval of the Hospital Licensing Board, nor shall
29 the Department adopt any rule, regulation or standard
30 relating to the establishment of a hospital without
31 consultation with the Hospital Licensing Board.
32 (d) Within one year after the effective date of this
33 amendatory Act of 1984, all hospitals licensed under this Act
34 and providing perinatal care shall comply with standards of
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1 perinatal care promulgated by the Department. The Director
2 shall promulgate rules or regulations under this Act which
3 are consistent with "An Act relating to the prevention of
4 developmental disabilities", approved September 6, 1973, as
5 amended.
6 (Source: P.A. 89-507, eff. 7-1-97.)
7 Section 14. The Hospital Licensing Act is amended by
8 adding Section 10.7 as follows:
9 (210 ILCS 85/10.7 new)
10 Sec. 10.7. Clinical privileges; advanced practice
11 registered nurses. No policy, rule, regulation, or practice
12 of a hospital licensed under this Act shall be inconsistent
13 with the provision of adequate collaboration, including
14 medical direction of licensed advanced practice nurses, in
15 accordance with Section 54.5 of the Medical Practice Act of
16 1987.
17 Section 15. The Health Care Worker Self-Referral Act is
18 amended by changing Section 15 as follows:
19 (225 ILCS 47/15)
20 Sec. 15. Definitions. In this Act:
21 (a) "Board" means the Health Facilities Planning Board.
22 (b) "Entity" means any individual, partnership, firm,
23 corporation, or other business that provides health services
24 but does not include an individual who is a health care
25 worker who provides professional services to an individual.
26 (c) "Group practice" means a group of 2 or more health
27 care workers legally organized as a partnership, professional
28 corporation, not-for-profit corporation, faculty practice
29 plan or a similar association in which:
30 (1) each health care worker who is a member or
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1 employee or an independent contractor of the group
2 provides substantially the full range of services that
3 the health care worker routinely provides, including
4 consultation, diagnosis, or treatment, through the use of
5 office space, facilities, equipment, or personnel of the
6 group;
7 (2) the services of the health care workers are
8 provided through the group, and payments received for
9 health services are treated as receipts of the group; and
10 (3) the overhead expenses and the income from the
11 practice are distributed by methods previously determined
12 by the group.
13 (d) "Health care worker" means any individual licensed
14 under the laws of this State to provide health services,
15 including but not limited to: dentists licensed under the
16 Illinois Dental Practice Act; dental hygienists licensed
17 under the Illinois Dental Practice Act; nurses and advanced
18 practice nurses licensed under the Illinois Nursing and
19 Advanced Practice Nursing Act of 1987; occupational
20 therapists licensed under the Illinois Occupational Therapy
21 Practice Act; optometrists licensed under the Illinois
22 Optometric Practice Act of 1987; pharmacists licensed under
23 the Pharmacy Practice Act of 1987; physical therapists
24 licensed under the Illinois Physical Therapy Act; physicians
25 licensed under the Medical Practice Act of 1987; physician
26 assistants licensed under the Physician Assistant Practice
27 Act of 1987; podiatrists licensed under the Podiatric Medical
28 Practice Act of 1987; clinical psychologists licensed under
29 the Clinical Psychologist Licensing Act; clinical social
30 workers licensed under the Clinical Social Work and Social
31 Work Practice Act; speech-language pathologists and
32 audiologists licensed under the Illinois Speech-Language
33 Pathology and Audiology Practice Act; or hearing instrument
34 dispensers licensed under the Hearing Instrument Consumer
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1 Protection Act, or any of their successor Acts.
2 (e) "Health services" means health care procedures and
3 services provided by or through a health care worker.
4 (f) "Immediate family member" means a health care
5 worker's spouse, child, child's spouse, or a parent.
6 (g) "Investment interest" means an equity or debt
7 security issued by an entity, including, without limitation,
8 shares of stock in a corporation, units or other interests in
9 a partnership, bonds, debentures, notes, or other equity
10 interests or debt instruments except that investment interest
11 for purposes of Section 20 does not include interest in a
12 hospital licensed under the laws of the State of Illinois.
13 (h) "Investor" means an individual or entity directly or
14 indirectly owning a legal or beneficial ownership or
15 investment interest, (such as through an immediate family
16 member, trust, or another entity related to the investor).
17 (i) "Office practice" includes the facility or
18 facilities at which a health care worker, on an ongoing
19 basis, provides or supervises the provision of professional
20 health services to individuals.
21 (j) "Referral" means any referral of a patient for
22 health services, including, without limitation:
23 (1) The forwarding of a patient by one health care
24 worker to another health care worker or to an entity
25 outside the health care worker's office practice or group
26 practice that provides health services.
27 (2) The request or establishment by a health care
28 worker of a plan of care outside the health care worker's
29 office practice or group practice that includes the
30 provision of any health services.
31 (Source: P.A. 89-72, eff. 12-31-95.)
32 Section 16. The Medical Practice Act of 1987 is amended
33 by changing Sections 20 and 22 and adding Section 54.5 as
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1 follows:
2 (225 ILCS 60/20) (from Ch. 111, par. 4400-20)
3 Sec. 20. Continuing education. The Department shall
4 promulgate rules of continuing education for persons licensed
5 under this Act that require 150 50 hours of continuing
6 education per license renewal cycle each year. These rules
7 shall be consistent with requirements of relevant
8 professional associations, speciality societies, or boards.
9 The rules shall also address variances for illness or
10 hardship. In establishing these rules, the Department shall
11 consider educational requirements for medical staffs,
12 requirements for specialty society board certification or for
13 continuing education requirements as a condition of
14 membership in societies representing the 2 categories of
15 licensee under this Act. These rules shall assure that
16 licensees are given the opportunity to participate in those
17 programs sponsored by or through their professional
18 associations or hospitals which are relevant to their
19 practice. Each licensee is responsible for maintaining
20 records of completion of continuing education and shall be
21 prepared to produce the records when requested by the
22 Department.
23 (Source: P.A. 89-702, eff. 7-1-97.)
24 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
25 Sec. 22. Disciplinary action.
26 (A) The Department may revoke, suspend, place on
27 probationary status, or take any other disciplinary action as
28 the Department may deem proper with regard to the license or
29 visiting professor permit of any person issued under this Act
30 to practice medicine, or to treat human ailments without the
31 use of drugs and without operative surgery upon any of the
32 following grounds:
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1 (1) Performance of an elective abortion in any
2 place, locale, facility, or institution other than:
3 (a) a facility licensed pursuant to the
4 Ambulatory Surgical Treatment Center Act;
5 (b) an institution licensed under the Hospital
6 Licensing Act; or
7 (c) an ambulatory surgical treatment center or
8 hospitalization or care facility maintained by the
9 State or any agency thereof, where such department
10 or agency has authority under law to establish and
11 enforce standards for the ambulatory surgical
12 treatment centers, hospitalization, or care
13 facilities under its management and control; or
14 (d) ambulatory surgical treatment centers,
15 hospitalization or care facilities maintained by the
16 Federal Government; or
17 (e) ambulatory surgical treatment centers,
18 hospitalization or care facilities maintained by any
19 university or college established under the laws of
20 this State and supported principally by public funds
21 raised by taxation.
22 (2) Performance of an abortion procedure in a
23 wilful and wanton manner on a woman who was not pregnant
24 at the time the abortion procedure was performed.
25 (3) The conviction of a felony in this or any other
26 jurisdiction, except as otherwise provided in subsection
27 B of this Section, whether or not related to practice
28 under this Act, or the entry of a guilty or nolo
29 contendere plea to a felony charge.
30 (4) Gross negligence in practice under this Act.
31 (5) Engaging in dishonorable, unethical or
32 unprofessional conduct of a character likely to deceive,
33 defraud or harm the public.
34 (6) Obtaining any fee by fraud, deceit, or
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1 misrepresentation.
2 (7) Habitual or excessive use or abuse of drugs
3 defined in law as controlled substances, of alcohol, or
4 of any other substances which results in the inability to
5 practice with reasonable judgment, skill or safety.
6 (8) Practicing under a false or, except as provided
7 by law, an assumed name.
8 (9) Fraud or misrepresentation in applying for, or
9 procuring, a license under this Act or in connection with
10 applying for renewal of a license under this Act.
11 (10) Making a false or misleading statement
12 regarding their skill or the efficacy or value of the
13 medicine, treatment, or remedy prescribed by them at
14 their direction in the treatment of any disease or other
15 condition of the body or mind.
16 (11) Allowing another person or organization to use
17 their license, procured under this Act, to practice.
18 (12) Disciplinary action of another state or
19 jurisdiction against a license or other authorization to
20 practice as a medical doctor, doctor of osteopathy,
21 doctor of osteopathic medicine or doctor of chiropractic,
22 a certified copy of the record of the action taken by the
23 other state or jurisdiction being prima facie evidence
24 thereof.
25 (13) Violation of any provision of this Act or of
26 the Medical Practice Act prior to the repeal of that Act,
27 or violation of the rules, or a final administrative
28 action of the Director, after consideration of the
29 recommendation of the Disciplinary Board.
30 (14) Dividing with anyone other than physicians
31 with whom the licensee practices in a partnership,
32 Professional Association, limited liability company, or
33 Medical or Professional Corporation any fee, commission,
34 rebate or other form of compensation for any professional
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1 services not actually and personally rendered. Nothing
2 contained in this subsection prohibits persons holding
3 valid and current licenses under this Act from practicing
4 medicine in partnership under a partnership agreement,
5 including a limited liability partnership, in a limited
6 liability company under the Limited Liability Company
7 Act, in a corporation authorized by the Medical
8 Corporation Act, as an association authorized by the
9 Professional Association Act, or in a corporation under
10 the Professional Corporation Act or from pooling,
11 sharing, dividing or apportioning the fees and monies
12 received by them or by the partnership, corporation or
13 association in accordance with the partnership agreement
14 or the policies of the Board of Directors of the
15 corporation or association. Nothing contained in this
16 subsection prohibits 2 or more corporations authorized by
17 the Medical Corporation Act, from forming a partnership
18 or joint venture of such corporations, and providing
19 medical, surgical and scientific research and knowledge
20 by employees of these corporations if such employees are
21 licensed under this Act, or from pooling, sharing,
22 dividing, or apportioning the fees and monies received by
23 the partnership or joint venture in accordance with the
24 partnership or joint venture agreement. Nothing
25 contained in this subsection shall abrogate the right of
26 2 or more persons, holding valid and current licenses
27 under this Act, to each receive adequate compensation for
28 concurrently rendering professional services to a patient
29 and divide a fee; provided, the patient has full
30 knowledge of the division, and, provided, that the
31 division is made in proportion to the services performed
32 and responsibility assumed by each.
33 (15) A finding by the Medical Disciplinary Board
34 that the registrant after having his or her license
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1 placed on probationary status or subjected to conditions
2 or restrictions violated the terms of the probation or
3 failed to comply with such terms or conditions.
4 (16) Abandonment of a patient.
5 (17) Prescribing, selling, administering,
6 distributing, giving or self-administering any drug
7 classified as a controlled substance (designated product)
8 or narcotic for other than medically accepted therapeutic
9 purposes.
10 (18) Promotion of the sale of drugs, devices,
11 appliances or goods provided for a patient in such manner
12 as to exploit the patient for financial gain of the
13 physician.
14 (19) Offering, undertaking or agreeing to cure or
15 treat disease by a secret method, procedure, treatment or
16 medicine, or the treating, operating or prescribing for
17 any human condition by a method, means or procedure which
18 the licensee refuses to divulge upon demand of the
19 Department.
20 (20) Immoral conduct in the commission of any act
21 including, but not limited to, commission of an act of
22 sexual misconduct related to the licensee's practice.
23 (21) Wilfully making or filing false records or
24 reports in his or her practice as a physician, including,
25 but not limited to, false records to support claims
26 against the medical assistance program of the Department
27 of Public Aid under the Illinois Public Aid Code.
28 (22) Wilful omission to file or record, or wilfully
29 impeding the filing or recording, or inducing another
30 person to omit to file or record, medical reports as
31 required by law, or wilfully failing to report an
32 instance of suspected abuse or neglect as required by
33 law.
34 (23) Being named as a perpetrator in an indicated
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1 report by the Department of Children and Family Services
2 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 (24) Solicitation of professional patronage by any
8 corporation, agents or persons, or profiting from those
9 representing themselves to be agents of the licensee.
10 (25) Gross and wilful and continued overcharging
11 for professional services, including filing false
12 statements for collection of fees for which services are
13 not rendered, including, but not limited to, filing such
14 false statements for collection of monies for services
15 not rendered from the medical assistance program of the
16 Department of Public Aid under the Illinois Public Aid
17 Code.
18 (26) A pattern of practice or other behavior which
19 demonstrates incapacity or incompetence to practice under
20 this Act.
21 (27) Mental illness or disability which results in
22 the inability to practice under this Act with reasonable
23 judgment, skill or safety.
24 (28) Physical illness, including, but not limited
25 to, deterioration through the aging process, or loss of
26 motor skill which results in a physician's inability to
27 practice under this Act with reasonable judgment, skill
28 or safety.
29 (29) Cheating on or attempt to subvert the
30 licensing examinations administered under this Act.
31 (30) Wilfully or negligently violating the
32 confidentiality between physician and patient except as
33 required by law.
34 (31) The use of any false, fraudulent, or deceptive
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1 statement in any document connected with practice under
2 this Act.
3 (32) Aiding and abetting an individual not licensed
4 under this Act in the practice of a profession licensed
5 under this Act.
6 (33) Violating state or federal laws or regulations
7 relating to controlled substances.
8 (34) Failure to report to the Department any
9 adverse final action taken against them by another
10 licensing jurisdiction (any other state or any territory
11 of the United States or any foreign state or country), by
12 any peer review body, by any health care institution, by
13 any professional society or association related to
14 practice under this Act, by any governmental agency, by
15 any law enforcement agency, or by any court for acts or
16 conduct similar to acts or conduct which would constitute
17 grounds for action as defined in this Section.
18 (35) Failure to report to the Department surrender
19 of a license or authorization to practice as a medical
20 doctor, a doctor of osteopathy, a doctor of osteopathic
21 medicine, or doctor of chiropractic in another state or
22 jurisdiction, or surrender of membership on any medical
23 staff or in any medical or professional association or
24 society, while under disciplinary investigation by any of
25 those authorities or bodies, for acts or conduct similar
26 to acts or conduct which would constitute grounds for
27 action as defined in this Section.
28 (36) Failure to report to the Department any
29 adverse judgment, settlement, or award arising from a
30 liability claim related to acts or conduct similar to
31 acts or conduct which would constitute grounds for action
32 as defined in this Section.
33 (37) Failure to transfer copies of medical records
34 as required by law.
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1 (38) Failure to furnish the Department, its
2 investigators or representatives, relevant information,
3 legally requested by the Department after consultation
4 with the Chief Medical Coordinator or the Deputy Medical
5 Coordinator.
6 (39) Violating the Health Care Worker Self-Referral
7 Act.
8 (40) Willful failure to provide notice when notice
9 is required under the Parental Notice of Abortion Act of
10 1995.
11 (41) Failure to establish and maintain records of
12 patient care and treatment as required by this law.
13 (42) Entering into an excessive number of written
14 collaborative agreements with licensed advanced practice
15 nurses resulting in an inability to adequately
16 collaborate and provide medical direction.
17 (43) Repeated failure to adequately collaborate
18 with or provide medical direction to a licensed advanced
19 practice nurse.
20 All proceedings to suspend, revoke, place on probationary
21 status, or take any other disciplinary action as the
22 Department may deem proper, with regard to a license on any
23 of the foregoing grounds, must be commenced within 3 years
24 next after receipt by the Department of a complaint alleging
25 the commission of or notice of the conviction order for any
26 of the acts described herein. Except for the grounds
27 numbered (8), (9) and (29), no action shall be commenced more
28 than 5 years after the date of the incident or act alleged to
29 have violated this Section. In the event of the settlement
30 of any claim or cause of action in favor of the claimant or
31 the reduction to final judgment of any civil action in favor
32 of the plaintiff, such claim, cause of action or civil action
33 being grounded on the allegation that a person licensed under
34 this Act was negligent in providing care, the Department
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1 shall have an additional period of one year from the date of
2 notification to the Department under Section 23 of this Act
3 of such settlement or final judgment in which to investigate
4 and commence formal disciplinary proceedings under Section 36
5 of this Act, except as otherwise provided by law. The time
6 during which the holder of the license was outside the State
7 of Illinois shall not be included within any period of time
8 limiting the commencement of disciplinary action by the
9 Department.
10 The entry of an order or judgment by any circuit court
11 establishing that any person holding a license under this Act
12 is a person in need of mental treatment operates as a
13 suspension of that license. That person may resume their
14 practice only upon the entry of a Departmental order based
15 upon a finding by the Medical Disciplinary Board that they
16 have been determined to be recovered from mental illness by
17 the court and upon the Disciplinary Board's recommendation
18 that they be permitted to resume their practice.
19 The Department may refuse to issue or take disciplinary
20 action concerning the license of any person who fails to file
21 a return, or to pay the tax, penalty or interest shown in a
22 filed return, or to pay any final assessment of tax, penalty
23 or interest, as required by any tax Act administered by the
24 Illinois Department of Revenue, until such time as the
25 requirements of any such tax Act are satisfied as determined
26 by the Illinois Department of Revenue.
27 The Department, upon the recommendation of the
28 Disciplinary Board, shall adopt rules which set forth
29 standards to be used in determining:
30 (a) when a person will be deemed sufficiently
31 rehabilitated to warrant the public trust;
32 (b) what constitutes dishonorable, unethical or
33 unprofessional conduct of a character likely to deceive,
34 defraud, or harm the public;
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1 (c) what constitutes immoral conduct in the
2 commission of any act, including, but not limited to,
3 commission of an act of sexual misconduct related to the
4 licensee's practice; and
5 (d) what constitutes gross negligence in the
6 practice of medicine.
7 However, no such rule shall be admissible into evidence
8 in any civil action except for review of a licensing or other
9 disciplinary action under this Act.
10 In enforcing this Section, the Medical Disciplinary
11 Board, upon a showing of a possible violation, may compel any
12 individual licensed to practice under this Act, or who has
13 applied for licensure or a permit pursuant to this Act, to
14 submit to a mental or physical examination, or both, as
15 required by and at the expense of the Department. The
16 examining physician or physicians shall be those specifically
17 designated by the Disciplinary Board. The Medical
18 Disciplinary Board or the Department may order the examining
19 physician to present testimony concerning this mental or
20 physical examination of the licensee or applicant. No
21 information shall be excluded by reason of any common law or
22 statutory privilege relating to communication between the
23 licensee or applicant and the examining physician. The
24 individual to be examined may have, at his or her own
25 expense, another physician of his or her choice present
26 during all aspects of the examination. Failure of any
27 individual to submit to mental or physical examination, when
28 directed, shall be grounds for suspension of his or her
29 license until such time as the individual submits to the
30 examination if the Disciplinary Board finds, after notice and
31 hearing, that the refusal to submit to the examination was
32 without reasonable cause. If the Disciplinary Board finds a
33 physician unable to practice because of the reasons set forth
34 in this Section, the Disciplinary Board shall require such
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1 physician to submit to care, counseling, or treatment by
2 physicians approved or designated by the Disciplinary Board,
3 as a condition for continued, reinstated, or renewed
4 licensure to practice. Any physician, whose license was
5 granted pursuant to Sections 9, 17, or 19 of this Act, or,
6 continued, reinstated, renewed, disciplined or supervised,
7 subject to such terms, conditions or restrictions who shall
8 fail to comply with such terms, conditions or restrictions,
9 or to complete a required program of care, counseling, or
10 treatment, as determined by the Chief Medical Coordinator or
11 Deputy Medical Coordinators, shall be referred to the
12 Director for a determination as to whether the licensee shall
13 have their license suspended immediately, pending a hearing
14 by the Disciplinary Board. In instances in which the
15 Director immediately suspends a license under this Section, a
16 hearing upon such person's license must be convened by the
17 Disciplinary Board within 15 days after such suspension and
18 completed without appreciable delay. The Disciplinary Board
19 shall have the authority to review the subject physician's
20 record of treatment and counseling regarding the impairment,
21 to the extent permitted by applicable federal statutes and
22 regulations safeguarding the confidentiality of medical
23 records.
24 An individual licensed under this Act, affected under
25 this Section, shall be afforded an opportunity to demonstrate
26 to the Disciplinary Board that they can resume practice in
27 compliance with acceptable and prevailing standards under the
28 provisions of their license.
29 The Department may promulgate rules for the imposition of
30 fines in disciplinary cases, not to exceed $5,000 for each
31 violation of this Act. Fines may be imposed in conjunction
32 with other forms of disciplinary action, but shall not be the
33 exclusive disposition of any disciplinary action arising out
34 of conduct resulting in death or injury to a patient. Any
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1 funds collected from such fines shall be deposited in the
2 Medical Disciplinary Fund.
3 (B) The Department shall revoke the license or visiting
4 permit of any person issued under this Act to practice
5 medicine or to treat human ailments without the use of drugs
6 and without operative surgery, who has been convicted a
7 second time of committing any felony under the Illinois
8 Controlled Substances Act, or who has been convicted a second
9 time of committing a Class 1 felony under Sections 8A-3 and
10 8A-6 of the Illinois Public Aid Code. A person whose license
11 or visiting permit is revoked under this subsection B of
12 Section 22 of this Act shall be prohibited from practicing
13 medicine or treating human ailments without the use of drugs
14 and without operative surgery.
15 (C) The Medical Disciplinary Board shall recommend to
16 the Department civil penalties and any other appropriate
17 discipline in disciplinary cases when the Board finds that a
18 physician willfully performed an abortion with actual
19 knowledge that the person upon whom the abortion has been
20 performed is a minor or an incompetent person without notice
21 as required under the Parental Notice of Abortion Act of
22 1995. Upon the Board's recommendation, the Department shall
23 impose, for the first violation, a civil penalty of $1,000
24 and for a second or subsequent violation, a civil penalty of
25 $5,000.
26 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
27 89-626, eff. 8-9-96; 89-702, eff. 7-1-97.)
28 (225 ILCS 60/54.5 new)
29 Sec. 54.5. Physician delegation of authority.
30 (a) Physicians licensed to practice medicine in all its
31 branches may delegate care and treatment responsibilities to
32 a physician assistant under guidelines in accordance with the
33 requirements of the Physician Assistant Practice Act of
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1 1987. A physician licensed to practice medicine in all its
2 branches may enter into supervising physician agreements with
3 no more than 2 physician assistants.
4 (b) A physician licensed to practice medicine in all its
5 branches in active clinical practice may collaborate with an
6 advanced practice nurse in accordance with the requirements
7 of Title 15 of the Nursing and Advanced Practice Nursing Act.
8 Collaboration is for the purpose of providing medical
9 direction, and no employment relationship is required. A
10 written collaborative agreement shall conform to the
11 requirements of Sections 15-15 and 15-20 of the Nursing and
12 Advanced Practice Nursing Act. The agreement shall be for
13 services the collaborating physician generally provides to
14 his or her patients in the normal course of clinical medical
15 practice. Physician medical direction shall be adequate with
16 respect to collaboration with certified nurse practitioners,
17 certified nurse midwives, and clinical nurse specialists if a
18 collaborating physician:
19 (1) participates in the joint formulation and joint
20 approval of orders or guidelines with the advanced
21 practice nurse and periodically reviews such orders and
22 the services provided patients under such orders in
23 accordance with accepted standards of medical practice
24 and advanced practice nursing practice;
25 (2) is on site at least once a month to provide
26 medical direction and consultation; and
27 (3) is available through telecommunications for
28 consultation on medical problems, complications, or
29 emergencies or patient referral.
30 (c) The supervising physician shall have access to the
31 medical records of all patients attended by a physician
32 assistant. The collaborating physician shall have access to
33 the medical records of all patients attended to by an
34 advanced practice nurse.
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1 (d) Nothing in this Act shall be construed to limit the
2 delegation of tasks or duties by a physician licensed to
3 practice medicine in all its branches to a licensed practical
4 nurse, a registered professional nurse, or other personnel.
5 (e) A physician shall not be liable for the acts or
6 omissions of a physician assistant or advanced practice nurse
7 solely on the basis of having signed a supervision agreement
8 or guidelines or a collaborative agreement, an order, a
9 standing medical order, a standing delegation order, or other
10 order or guideline authorizing a physician assistant or
11 advanced practice nurse to perform acts, unless the physician
12 has reason to believe the physician assistant or advanced
13 practice nurse lacked the competency to perform the act or
14 acts or commits willful and wanton misconduct.
15 Section 17. The Illinois Nursing Act of 1987 is amended
16 by renumbering and changing Sections 1, 2, 3, 4, 4.1, 4.2,
17 4.5, 5, 5.1, 6, 7, 12, 14, 16, 17, 18, 21, 22, 23, 24, 26,
18 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42,
19 43, 44, 45, 46, 47, 48, and 49 and adding Sections 10-10,
20 10-15, 10-40, 10-45, 10-50, 15-5, 15-10, 15-15, 15-20, 15-30,
21 15-35, 15-40, 15-45, 15-50, 15-55, 15-100, and 20-2 and new
22 Title headings as follows:
23 (225 ILCS 65/Title 5 heading new)
24 TITLE 5. GENERAL PROVISIONS
25 (225 ILCS 65/5-1, formerly 65/1)
26 Sec. 5-1. 1. This Article may be cited as the Illinois
27 Nursing and Advanced Practice Nursing Act, and throughout
28 this Article, references to this Act shall mean this Article
29 of 1987.
30 (Source: P.A. 85-981; 86-1475.)
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1 (225 ILCS 65/5-5, formerly 65/2)
2 Sec. 5-5. 2. Legislative purpose. The practice of
3 professional and practical nursing in the State of Illinois
4 is hereby declared to affect the public health, safety, and
5 welfare and to be subject to regulation and control in the
6 public interest. It is further declared to be a matter of
7 public interest and concern that the practice of nursing, as
8 defined in this Act, merit and receive the confidence of the
9 public and that only qualified persons be authorized to so
10 practice in the State of Illinois. This Act shall be
11 liberally construed to best carry out these subjects and
12 purposes.
13 (Source: P.A. 85-981.)
14 (225 ILCS 65/5-10, formerly 65/3)
15 Sec. 5-10. 3. Definitions. Each of the following terms,
16 when used in this Act, shall have the meaning ascribed to it
17 in this Section, except where the context clearly indicates
18 otherwise:
19 (a) "Department" means the Department of Professional
20 Regulation.
21 (b) "Director" means the Director of Professional
22 Regulation.
23 (c) "Board" means the Board of Nursing appointed by the
24 Director.
25 (d) "Academic year" means the customary annual schedule
26 of courses at a college, university, or approved school,
27 customarily regarded as the school year as distinguished from
28 the calendar year.
29 (e) "Approved program of professional nursing education"
30 and "approved program of practical nursing education" are
31 programs of professional or practical nursing, respectively,
32 approved by the Department under the provisions of this Act.
33 (f) "Nursing Act Coordinator" means a registered
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1 professional nurse appointed by the Director to carry out the
2 administrative policies of the Department.
3 (g) "Assistant Nursing Act Coordinator" means a
4 registered professional nurse appointed by the Director to
5 assist in carrying out the administrative policies of the
6 Department.
7 (h) "Registered" is the equivalent of "licensed".
8 (i) "Practical nurse" or "licensed practical nurse"
9 means a person who is licensed as a practical nurse under
10 this Act and practices practical nursing as defined in
11 paragraph (j) of this Section. Only a practical nurse
12 licensed under this Act is entitled to use the title
13 "licensed practical nurse" and the abbreviation "L.P.N.".
14 (j) "Practical nursing" means the performance of nursing
15 acts requiring the basic nursing knowledge, judgement, and
16 skill acquired by means of completion of an approved
17 practical nursing education program. Practical nursing
18 includes assisting in the nursing process as delegated by and
19 under the direction of a registered professional nurse. The
20 practical nurse may work under the direction of a licensed
21 physician, dentist, podiatrist, or other health care
22 professional determined by the Department.
23 (k) "Registered Nurse" or "Registered Professional
24 Nurse" means a person who is licensed as a professional nurse
25 under this Act and practices nursing as defined in paragraph
26 (l) of this Section. Only a registered nurse licensed under
27 this Act is entitled to use the titles "registered nurse" and
28 "registered professional nurse" and the abbreviation, "R.N.".
29 (l) "Registered professional nursing practice" includes
30 all nursing specialities and means the performance of any
31 nursing act based upon professional knowledge, judgment, and
32 skills acquired by means of completion of an approved
33 registered professional nursing education program. A
34 registered professional nurse provides nursing care
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1 emphasizing the importance of the whole and the
2 interdependence of its parts through the nursing process to
3 individuals, groups, families, or communities, that includes
4 but is not limited to: (1) the assessment of healthcare
5 needs, nursing diagnosis, planning, implementation, and
6 nursing evaluation; (2) the promotion, maintenance, and
7 restoration of health; (3) counseling, patient education,
8 health education, and patient advocacy; (4) the
9 administration of medications and treatments as prescribed by
10 a physician licensed to practice medicine in all of its
11 branches, a licensed dentist, a licensed podiatrist, or a
12 licensed optometrist or as prescribed by a physician
13 assistant in accordance with written guidelines required
14 under the Physician Assistant Practice Act of 1987 or by an
15 advanced practice nurse in accordance with a written
16 collaborative agreement required under the Nursing and
17 Advanced Practice Nursing Act; (5) the coordination and
18 management of the nursing plan of care; (6) the delegation to
19 and supervision of individuals who assist the registered
20 professional nurse implementing the plan of care; and (7)
21 teaching and supervision of nursing students. in The
22 foregoing shall not be deemed to include those acts of
23 medical diagnosis or prescription of therapeutic or
24 corrective measures that are properly performed only by
25 physicians licensed in the State of Illinois.
26 (m) "Current nursing practice update course" means a
27 planned nursing education curriculum approved by the
28 Department consisting of activities that have educational
29 objectives, instructional methods, content or subject matter,
30 clinical practice, and evaluation methods, related to basic
31 review and updating content and specifically planned for
32 those nurses previously licensed in the United States or its
33 territories and preparing for reentry into nursing practice.
34 (n) "Professional assistance program for nurses" means a
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1 professional assistance program that meets criteria
2 established by the Board of Committee on Nursing and approved
3 by the Director, which provides a non-disciplinary treatment
4 approach for nurses licensed under this Act whose ability to
5 practice is compromised by alcohol or chemical substance
6 addiction.
7 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
8 revised 8-12-97.)
9 (225 ILCS 65/5-15, formerly 65/4)
10 Sec. 5-15. 4. Policy; application of Act. For the
11 protection of life and the promotion of health, and the
12 prevention of illness and communicable diseases, any person
13 practicing or offering to practice professional and practical
14 nursing in Illinois shall submit evidence that he or she is
15 qualified to practice, and shall be licensed as provided
16 under this Act. No person shall practice or offer to
17 practice professional or practical nursing in Illinois or use
18 any title, sign, card or device to indicate that such a
19 person is practicing professional or practical nursing unless
20 such person has been licensed under the provisions of this
21 Act.
22 This Act does not prohibit the following:
23 (a) The practice of nursing in Federal employment in the
24 discharge of the employee's duties by a person who is
25 employed by the United States government or any bureau,
26 division or agency thereof and is a legally qualified and
27 licensed nurse of another state or territory and not in
28 conflict with Sections 10-5, 10-30, and 10-45 6, 12, and 25
29 of this Act.;
30 (b) Nursing that is included in their program of study
31 by students enrolled in programs of nursing or in current
32 nurse practice update courses approved by the Department.;
33 (c) The furnishing of nursing assistance in an
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1 emergency.;
2 (d) 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 (e) 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 (f) Persons from being employed as nursing aides,
10 attendants, orderlies, and other auxiliary workers in private
11 homes, long term care facilities, nurseries, hospitals or
12 other institutions.;
13 (g) The practice of practical nursing by one who has
14 applied in writing to the Department in form and substance
15 satisfactory to the Department, for a license as a licensed
16 practical nurse and who has complied with all the provisions
17 under Section 10-30 12, except the passing of an examination
18 to be eligible to receive such license, until: the decision
19 of the Department that the applicant has failed to pass the
20 next available examination authorized by the Department, or
21 has failed, without an approved excuse, to take the next
22 available examination authorized by the Department, or until
23 the withdrawal of the application, but not to exceed 3
24 months. No applicant for licensure practicing under the
25 provisions of this paragraph shall practice practical nursing
26 except under the direct supervision of a registered
27 professional nurse licensed under this Act or a licensed
28 physician, dentist or podiatrist. In no instance shall any
29 such applicant practice or be employed in any supervisory
30 capacity.;
31 (h) The practice of practical nursing by one who is a
32 licensed practical nurse under the laws of another U.S.
33 jurisdiction and has applied in writing to the Department, in
34 form and substance satisfactory to the Department, for a
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1 license as a licensed practical nurse and who is qualified to
2 receive such license under Section 10-30 12, until: (1) the
3 expiration of 6 months after the filing of such written
4 application, or (2) the withdrawal of such application, or
5 (3) the denial of such application by the Department.;
6 (i) The practice of professional nursing by one who has
7 applied in writing to the Department in form and substance
8 satisfactory to the Department for a license as a registered
9 professional nurse and has complied with all the provisions
10 under Section 10-30 12 except the passing of an examination
11 to be eligible to receive such license, until: the decision
12 of the Department that the applicant has failed to pass the
13 next available examination authorized by the Department, or
14 has failed, without an approved excuse, to take the next
15 available examination authorized by the Department or until
16 the withdrawal of the application, but not to exceed 3
17 months. No applicant for licensure practicing under the
18 provisions of this paragraph shall practice professional
19 nursing except under the direct supervision of a registered
20 professional nurse licensed under this Act. In no instance
21 shall any such applicant practice or be employed in any
22 supervisory capacity.;
23 (j) The practice of professional nursing by one who is a
24 registered professional nurse under the laws of another
25 state, territory of the United States or country and has
26 applied in writing to the Department, in form and substance
27 satisfactory to the Department, for a license as a registered
28 professional nurse and who is qualified to receive such
29 license under Section 10-30 12, until: (1) the expiration
30 of 6 months after the filing of such written application, or
31 (2) the withdrawal of such application, or (3) the denial of
32 such application by the Department.;
33 (k) The practice of professional nursing that is
34 included in a program of study by one who is a registered
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1 professional nurse under the laws of another state or
2 territory of the United States or foreign country, territory
3 or province and who is enrolled in a graduate nursing
4 education program or a program for the completion of a
5 baccalaureate nursing degree in this State, which program
6 includes clinical supervision by faculty as determined by the
7 educational institution offering the program and the health
8 care organization where the practice of nursing occurs. The
9 educational institution will file with the Department each
10 academic term a list of the names and origin of license of
11 all professional nurses practicing nursing as part of their
12 programs under this provision.; or
13 (l) Any person licensed in this State under any other
14 Act from engaging in the practice for which she or he is
15 licensed.
16 An applicant for license practicing under the exceptions
17 set forth in subparagraphs (g), (h), (i), and (j) of this
18 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
19 Pend. respectively and no other.
20 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
21 revised 8-12-97.)
22 (225 ILCS 65/5-17, formerly 65/4.1)
23 Sec. 5-17. 4.1. Task Force. The Governor shall appoint
24 a task force to be convened by the Illinois Department of
25 Professional Regulation to study the roles, responsibilities,
26 training, competency, and supervision of persons who are
27 employed to assist a nurse, including nursing aides,
28 attendants, orderlies, and other auxiliary workers in private
29 homes, long term care facilities, nurseries, hospitals, and
30 other institutions. The purpose of the task force shall be
31 to determine if there is a need for regulation of such
32 persons by the Department.
33 The task force shall be comprised of 11 members. The
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1 task force shall include one representative from the
2 Department of Professional Regulation, one representative
3 from the Department of Public Health, and 9 persons
4 representing various nursing and health care provider
5 organizations in Illinois, including, but not limited to, a
6 representative from the Illinois Nurses Association, Illinois
7 Organization of Nurse Leaders, Illinois Hospital and Health
8 Systems Association, Illinois Health Care Association,
9 Illinois Coalition of Nursing Organizations, Life Services
10 Network, Licensed Practical Nursing Association of Illinois,
11 Certified Nurse Aide Educators, and Illinois Homecare
12 Council.
13 The task force shall report its findings and
14 recommendations to the Governor by January 1, 1999.
15 (Source: P.A. 90-248, eff. 1-1-98.)
16 (225 ILCS 65/5-22, formerly 65/4.2)
17 Sec. 5-22. 4.2. Social Security Number on license
18 application. In addition to any other information required
19 to be contained in the application, every application for an
20 original, renewal, or restored license under this Act shall
21 include the applicant's Social Security Number.
22 (Source: P.A. 90-144, eff. 7-23-97.)
23 (225 ILCS 65/5-20, formerly 65/4.5)
24 Sec. 5-20. 4.5. Unlicensed practice; violation; civil
25 penalty.
26 (a) Any person who practices, offers to practice,
27 attempts to practice, or holds oneself out to practice
28 nursing without being licensed under this Act shall, in
29 addition to any other penalty provided by law, pay a civil
30 penalty to the Department in an amount not to exceed $5,000
31 for each offense as determined by the Department. The civil
32 penalty shall be assessed by the Department after a hearing
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1 is held in accordance with the provisions set forth in this
2 Act regarding the provision of a hearing for the discipline
3 of a licensee.
4 (b) The Department has the authority and power to
5 investigate any and all unlicensed activity.
6 (c) The civil penalty shall be paid within 60 days after
7 the effective date of the order imposing the civil penalty.
8 The order shall constitute a judgment and may be filed and
9 execution had thereon in the same manner as any judgment from
10 any court of record.
11 (Source: P.A. 89-474, eff. 6-18-96.)
12 (225 ILCS 65/5-25, formerly 65/5)
13 Sec. 5-25. 5. Emergency care; civil liability.
14 Exemption from civil liability for emergency care is as
15 provided in the Good Samaritan Act.
16 (Source: P.A. 89-607, eff. 1-1-97.)
17 (225 ILCS 65/5-30, formerly 65/5.1)
18 Sec. 5-30. 5.1. Services rendered without compensation;
19 civil liability. Exemption from civil liability for services
20 rendered without compensation is as provided in the Good
21 Samaritan Act.
22 (Source: P.A. 89-607, eff. 1-1-97.)
23 (225 ILCS 65/Title 10 heading new)
24 TITLE 10. REGISTERED NURSES
25 AND LICENSED PRACTICAL NURSES
26 (225 ILCS 65/10-5, formerly 65/6)
27 Sec. 10-5. Prohibited acts. 6. No person shall:
28 (a) Practice professional nursing without a valid
29 license as a registered professional nurse except as provided
30 in paragraphs (i) and (j) of Section 5-15 4 of this Act;
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1 (b) Practice practical nursing without a valid license
2 as a licensed practical nurse; or practice practical nursing
3 other than under the direction of a licensed physician,
4 licensed dentist, or registered professional nurse; except as
5 provided in paragraphs (g), (h), and (j) of Section 5-15 4 of
6 this Act;
7 (c) Practice nursing under cover of any diploma,
8 license, or record illegally or fraudulently obtained or
9 signed or issued unlawfully or under fraudulent
10 representation;
11 (d) Practice nursing during the time her or his license
12 is suspended, revoked, expired or on inactive status;
13 (e) Use any words, abbreviations, figures, letters,
14 title, sign, card, or device tending to imply that she or he
15 is a registered professional nurse, including the titles or
16 initials, "Registered Nurse," "Professional Nurse,"
17 "Registered Professional Nurse," "Certified Nurse," "Trained
18 Nurse," "Graduate Nurse," "P.N.," or "R.N.," or "R.P.N." or
19 similar titles or initials with intention of indicating
20 practice without a valid license as a registered professional
21 nurse;
22 (f) Use any words, abbreviations figures, letters,
23 title, sign, card, or device tending to imply that she or he
24 is a licensed practical nurse including the titles or
25 initials "Practical Nurse," "Licensed Practical Nurse,"
26 "P.N.," or "L.P.N.," or similar titles or initials with
27 intention of indicated practice as a licensed practical nurse
28 without a valid license as a licensed practical nurse under
29 this Act;
30 (g) Obtain or furnish a license by or for money or any
31 other thing of value other than the fees required by Section
32 20-35 23, or by any fraudulent representation or act;
33 (h) Make any wilfully false oath or affirmation required
34 by this Act;
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1 (i) Conduct a nursing education program preparing
2 persons for licensure that has not been approved by the
3 Department;
4 (j) Represent that any school or course is approved or
5 accredited as a school or course for the education of
6 registered professional nurses or licensed practical nurses
7 unless such school or course is approved by the Department
8 under the provisions of this Act;
9 (k) Attempt or offer to do any of the acts enumerated in
10 this Section, or knowingly aid, abet, assist in the doing of
11 any such acts or in the attempt or offer to do any of such
12 acts;
13 (l) Seek employment as a registered professional nurse
14 under the terms of paragraphs (i) and (j) of Section 5-15 4
15 of this Act without possessing a written authorization which
16 has been issued by the Department or designated testing
17 service and which evidences the filing of the written
18 application referred to in paragraphs paragraph (i) and (j)
19 of Section 5-15 4 of this Act;
20 (m) Seek employment as a licensed practical nurse under
21 the terms of paragraphs (g) and (h) of Section 5-15 4 of this
22 Act without possessing a written authorization which has been
23 issued by the Department or designated testing service and
24 which evidences the filing of the written application
25 referred to in paragraphs paragraph (g) and (h) of Section
26 5-15 4 of this Act;
27 (n) Employ or utilize persons not licensed under this
28 Act to practice professional nursing or practical nursing;
29 and
30 (o) Otherwise intentionally violate any provision of
31 this Act.
32 Any person, including a firm, association or corporation
33 who violates any provision of this Section shall be guilty of
34 a Class A misdemeanor.
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1 (Source: P.A. 85-981.)
2 (225 ILCS 65/10-10 new)
3 Sec. 10-10. Department powers and duties.
4 (a) The Department shall exercise the powers and duties
5 prescribed by the Civil Administrative Code of Illinois for
6 administration of licensing acts and shall exercise other
7 powers and duties necessary for effectuating the purpose of
8 this Act. None of the functions, powers, or duties of the
9 Department with respect to licensure and examination shall be
10 exercised by the Department except upon review by the Board.
11 The Department shall adopt rules to implement, interpret, or
12 make specific the provisions and purposes of this Act;
13 however no such rules shall be adopted by the Department
14 except upon review by the Board.
15 (b) The Department shall:
16 (1) prepare and maintain a list of approved
17 programs of professional nursing education and programs
18 of practical nursing education in this State, whose
19 graduates, if they have the other necessary
20 qualifications provided in this Act, shall be eligible to
21 apply for a license to practice nursing in this State;
22 (2) promulgate rules defining what constitutes an
23 approved program of professional nursing education and
24 what constitutes an approved program of practical nursing
25 education; and
26 (3) adopt rules for examination of candidates for
27 licenses and for issuance of licenses authorizing
28 candidates upon passing an examination to practice under
29 this Act.
30 (225 ILCS 65/10-15 new)
31 Sec. 10-15. Nursing Act Coordinator. The Department
32 shall obtain, pursuant to the Personnel Code, a Nursing Act
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1 Coordinator and assistants. The Nursing Coordinator and
2 assistants shall be professional nurses licensed in this
3 State and graduated from approved schools of nursing and each
4 shall have been actively engaged in nursing education not
5 less than one year prior to appointment. The Nursing Act
6 Coordinator shall hold at least a master's degree in nursing
7 from an approved college or university and shall have at
8 least 5 years experience since graduation in progressively
9 responsible positions in nursing education. Each assistant
10 shall hold at least a master's degree in nursing from an
11 approved college or university and shall have at least 3
12 years experience since graduation in progressively
13 responsible positions in nursing education. The Nursing Act
14 Coordinator and assistants shall perform such administrative
15 functions as may be delegated to them by the Director.
16 (225 ILCS 65/10-25, formerly 65/7)
17 Sec. 10-25. 7. Board.
18 (a) The Director shall appoint the Board of Nursing
19 which shall be composed of 9 registered professional nurses,
20 2 licensed practical nurses and one public member who shall
21 also be a voting member and who is not a licensed health care
22 provider. Two registered nurses shall hold at least a
23 master's degree in nursing and be educators in professional
24 nursing programs, one representing baccalaureate nursing
25 education, one representing associate degree nursing
26 education; one registered nurse shall hold at least a
27 bachelor's degree with a major in nursing and be an educator
28 in a licensed practical nursing program; one registered nurse
29 shall hold a master's degree in nursing and shall represent
30 nursing service administration; 2 registered nurses shall
31 represent clinical nursing practice, one of whom shall have
32 at least a master's degree in nursing; and 2 registered
33 nurses shall represent advanced specialty practice. Each of
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1 the 11 nurses shall have had a minimum of 5 years experience
2 in nursing, 3 of which shall be in the area they represent on
3 the Board and be actively engaged in the area of nursing they
4 represent at the time of appointment and during their tenure
5 on the Board. Members shall be appointed for a term of 3
6 years. No member shall be eligible for appointment to more
7 than 2 consecutive terms and any appointment to fill a
8 vacancy shall be for the unexpired portion of the term. In
9 making Board appointments, the Director shall give
10 consideration to recommendations submitted by nursing
11 organizations. Consideration shall be given to equal
12 geographic representation. The Board shall receive actual
13 and necessary expenses incurred in the performance of their
14 duties.
15 In making the initial appointments, the Director shall
16 appoint all new members for terms of 2, 3, and 4 years and
17 such terms shall be staggered as follows: 3 shall be
18 appointed for terms of 2 years; 3 shall be appointed for
19 terms of 3 years; and 3 shall be appointed for terms of 4
20 years.
21 The Director may remove any member of the Board for
22 misconduct, incapacity, or neglect of duty. The Director
23 shall reduce to writing any causes for removal.
24 The Board shall meet annually to elect a chairperson and
25 vice chairperson. The Board may hold such other meetings
26 during the year as may be necessary to conduct its business.
27 Six voting members of the Board shall constitute a quorum at
28 any meeting. Any action taken by the Board must be on the
29 affirmative vote of 6 members. Voting by proxy shall not be
30 permitted.
31 The Board shall submit an annual report to the Director.
32 The members of the Board shall be immune from suit in any
33 action based upon any disciplinary proceedings or other acts
34 performed in good faith as members of the Board.
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1 (b) The Board is authorized to:
2 (1) recommend the adoption and, from time to time,
3 the revision of such rules that may be necessary to carry
4 out the provisions of this Act;
5 (2) conduct hearings and disciplinary conferences
6 upon charges calling for discipline of a licensee as
7 provided in Section 10-45 25;
8 (3) report to the Department, upon completion of a
9 hearing, the disciplinary actions recommended to be taken
10 against persons violating this Act;
11 (4) recommend the approval, denial of approval,
12 withdrawal of approval, or discipline of nursing
13 education programs;
14 (5) participate in a national organization of state
15 boards of nursing; and
16 (6) recommend a list of the registered nurses to
17 serve as Nursing Act Coordinator and Assistant Nursing
18 Act Coordinator, respectively.
19 (Source: P.A. 90-61, eff. 12-30-97.)
20 (225 ILCS 65/10-30, formerly 65/12)
21 Sec. 10-30. 12. Qualifications for licensure.
22 (a) Each applicant who successfully meets the
23 requirements of this Section shall be entitled to licensure
24 as a Registered Nurse or Licensed Practical Nurse, whichever
25 is applicable.
26 (b) An applicant for licensure by examination to
27 practice as a registered nurse or licensed practical nurse
28 shall:
29 (1) submit a completed written application, on
30 forms provided by the Department and fees as established
31 by the Department;
32 (2) for registered nurse licensure, have completed
33 an approved professional nursing education program of not
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1 less than 2 academic years and have graduated from the
2 program; for licensed practical nurse licensure, have
3 completed an approved practical nursing education program
4 of not less than one academic year and have graduated
5 from the program;
6 (3) have not violated the provisions of Section
7 10-45 25 of this Act. The Department may take into
8 consideration any felony conviction of the applicant, but
9 such a conviction shall not operate as an absolute bar to
10 licensure;
11 (4) meet all other requirements as established by
12 rule;
13 (5) pay, either to the Department or its designated
14 testing service, a fee covering the cost of providing the
15 examination. Failure to appear for the examination on the
16 scheduled date at the time and place specified after the
17 applicant's application for examination has been received
18 and acknowledged by the Department or the designated
19 testing service shall result in the forfeiture of the
20 examination fee.
21 If an applicant neglects, fails, or refuses to take an
22 examination or fails to pass an examination for a license
23 under this Act within 3 years after filing the application,
24 the application shall be denied. However, the applicant may
25 make a new application accompanied by the required fee and
26 provide evidence of meeting the requirements in force at the
27 time of the new application.
28 An applicant shall have one year from the date of
29 notification of successful completion of the examination to
30 apply to the Department for a license. If an applicant fails
31 to apply within one year, the applicant shall be required to
32 again take and pass the examination unless licensed in
33 another jurisdiction of the United States within one year 2
34 years of passing the examination.
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1 (c) An applicant for licensure who is a registered
2 professional nurse or a licensed practical nurse licensed by
3 examination under the laws of another state or territory of
4 the United States shall:
5 (1) submit a completed written application, on
6 forms supplied by the Department, and fees as established
7 by the Department;
8 (2) for registered nurse licensure, have completed
9 an approved professional nursing education program of not
10 less than 2 academic years and have graduated from the
11 program; for licensed practical nurse licensure, have
12 completed an approved practical nursing education program
13 of not less than one academic year and have graduated
14 from the program;
15 (3) submit verification of licensure status
16 directly from the United States jurisdiction of
17 licensure;
18 (4) have passed the examination authorized by the
19 Department;
20 (5) meet all other requirements as established by
21 rule.
22 (d) All applicants for licensure pursuant to this
23 Section who are graduates of nursing educational programs in
24 a country other than the United States or its territories
25 must submit to the Department certification of successful
26 completion of the Commission of Graduates of Foreign Nursing
27 Schools (CGFNS) examination. An applicant, who is unable to
28 provide appropriate documentation to satisfy CGFNS of her or
29 his educational qualifications for the CGFNS examination,
30 shall be required to pass an examination to test competency
31 in the English language which shall be prescribed by the
32 Department, if the applicant is determined by the Board to be
33 educationally prepared in nursing. The Board shall make
34 appropriate inquiry into the reasons for any adverse
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1 determination by CGFNS before making its own decision.
2 An applicant licensed in another state or territory who
3 is applying for licensure and has received her or his
4 education in a country other than the United States or its
5 territories shall be exempt from the completion of the
6 Commission of Graduates of Foreign Nursing Schools (CGFNS)
7 examination if the applicant meets all of the following
8 requirements:
9 (1) successful passage of the licensure examination
10 authorized by the Department;
11 (2) holds an active, unencumbered license in
12 another state; and
13 (3) has been actively practicing for a minimum of 2
14 years in another state.
15 (e) No applicant shall be issued a license as a
16 registered nurse or practical nurse under this Section unless
17 he or she has passed the examination authorized by the
18 Department within 3 years of completion and graduation from
19 an approved nursing education program, unless such applicant
20 submits proof of successful completion of a
21 Department-authorized remedial nursing education program or
22 recompletion of an approved registered nursing program or
23 licensed practical nursing program, as appropriate.
24 (f) Pending the issuance of a license under subsection
25 (b) of this Section, the Department may grant an applicant a
26 temporary license to practice nursing as a registered nurse
27 or as a licensed practical nurse if the Department is
28 satisfied that the applicant holds an active, unencumbered
29 license in good standing in another jurisdiction. If the
30 applicant holds more than one current active license, or one
31 or more active temporary licenses from other jurisdictions,
32 the Department shall not issue a temporary license until it
33 is satisfied that each current active license held by the
34 applicant is unencumbered. The temporary license, which
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1 shall be issued no later than 14 working days following
2 receipt by the Department of an application for the temporary
3 license, shall be granted upon the submission of the
4 following to the Department:
5 (1) a signed and completed application for
6 licensure under subsection (a) of this Section as a
7 registered nurse or a licensed practical nurse;
8 (2) proof of a current, active license in at least
9 one other jurisdiction and proof that each current active
10 license or temporary license held by the applicant is
11 unencumbered;
12 (3) a signed and completed application for a
13 temporary license; and
14 (4) the required permit fee.
15 (g) The Department may refuse to issue an applicant a
16 temporary license authorized pursuant to this Section if,
17 within 14 working days following its receipt of an
18 application for a temporary license, the Department
19 determines that:
20 (1) the applicant has been convicted of a crime
21 under the laws of a jurisdiction of the United States:
22 (i) which is a felony; or (ii) which is a misdemeanor
23 directly related to the practice of the profession,
24 within the last 5 years;
25 (2) within the last 5 years the applicant has had a
26 license or permit related to the practice of nursing
27 revoked, suspended, or placed on probation by another
28 jurisdiction, if at least one of the grounds for
29 revoking, suspending, or placing on probation is the same
30 or substantially equivalent to grounds in Illinois; or
31 (3) it intends to deny licensure by endorsement.
32 For purposes of this Section, an "unencumbered license"
33 means a license against which no disciplinary action has been
34 taken or is pending and for which all fees and charges are
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1 paid and current.
2 (h) The Department may revoke a temporary license issued
3 pursuant to this Section if:
4 (1) it determines that the applicant has been
5 convicted of a crime under the law of any jurisdiction of
6 the United States that is (i) a felony or (ii) a
7 misdemeanor directly related to the practice of the
8 profession, within the last 5 years;
9 (2) it determines that within the last 5 years the
10 applicant has had a license or permit related to the
11 practice of nursing revoked, suspended, or placed on
12 probation by another jurisdiction, if at least one of the
13 grounds for revoking, suspending, or placing on probation
14 is the same or substantially equivalent to grounds in
15 Illinois; or
16 (3) it determines that it intends to deny licensure
17 by endorsement.
18 A temporary license or renewed temporary license shall
19 expire (i) upon issuance of an Illinois license or (ii) upon
20 notification that th