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90_SB1585eng
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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
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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 5. The Illinois Clinical Laboratory and Blood
5 Bank Act is amended by changing Section 7-101 as follows:
6 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
7 Sec. 7-101. Examination of specimens. A clinical
8 laboratory shall examine specimens only at the request of (i)
9 a licensed physician, (ii) a licensed dentist, (iii) a
10 licensed podiatrist, (iv) a therapeutic optometrist for
11 diagnostic or therapeutic purposes related to the use of
12 diagnostic topical or therapeutic ocular pharmaceutical
13 agents, as defined in subsections (c) and (d) of Section 15.1
14 of the Illinois Optometric Practice Act of 1987, (v) a
15 licensed physician assistant in accordance with the written
16 guidelines required under subdivision (3) of Section 4 and
17 under Section 7.5 of the Physician Assistant Practice Act of
18 1987, (v-A) an advanced practice nurse in accordance with
19 the written collaborative agreement required under Section
20 15-15 of the Nursing and Advanced Practice Nursing Act, or
21 (vi) an authorized law enforcement agency or, in the case of
22 blood alcohol, at the request of the individual for whom the
23 test is to be performed in compliance with Sections 11-501
24 and 11-501.1 of the Illinois Vehicle Code. If the request
25 to a laboratory is oral, the physician or other authorized
26 person shall submit a written request to the laboratory
27 within 48 hours. If the laboratory does not receive the
28 written request within that period, it shall note that fact
29 in its records.
30 (Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;
31 revised 10-23-97.)
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1 Section 10. The Medical Practice Act of 1987 is amended
2 by changing Sections 20 and 22 and adding Section 54.5 as
3 follows:
4 (225 ILCS 60/20) (from Ch. 111, par. 4400-20)
5 Sec. 20. Continuing education. The Department shall
6 promulgate rules of continuing education for persons licensed
7 under this Act that require 150 50 hours of continuing
8 education per license renewal cycle each year. These rules
9 shall be consistent with requirements of relevant
10 professional associations, speciality societies, or boards.
11 The rules shall also address variances for illness or
12 hardship. In establishing these rules, the Department shall
13 consider educational requirements for medical staffs,
14 requirements for specialty society board certification or for
15 continuing education requirements as a condition of
16 membership in societies representing the 2 categories of
17 licensee under this Act. These rules shall assure that
18 licensees are given the opportunity to participate in those
19 programs sponsored by or through their professional
20 associations or hospitals which are relevant to their
21 practice. Each licensee is responsible for maintaining
22 records of completion of continuing education and shall be
23 prepared to produce the records when requested by the
24 Department.
25 (Source: P.A. 89-702, eff. 7-1-97.)
26 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
27 Sec. 22. Disciplinary action.
28 (A) The Department may revoke, suspend, place on
29 probationary status, or take any other disciplinary action as
30 the Department may deem proper with regard to the license or
31 visiting professor permit of any person issued under this Act
32 to practice medicine, or to treat human ailments without the
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1 use of drugs and without operative surgery upon any of the
2 following grounds:
3 (1) Performance of an elective abortion in any
4 place, locale, facility, or institution other than:
5 (a) a facility licensed pursuant to the
6 Ambulatory Surgical Treatment Center Act;
7 (b) an institution licensed under the Hospital
8 Licensing Act; or
9 (c) an ambulatory surgical treatment center or
10 hospitalization or care facility maintained by the
11 State or any agency thereof, where such department
12 or agency has authority under law to establish and
13 enforce standards for the ambulatory surgical
14 treatment centers, hospitalization, or care
15 facilities under its management and control; or
16 (d) ambulatory surgical treatment centers,
17 hospitalization or care facilities maintained by the
18 Federal Government; or
19 (e) ambulatory surgical treatment centers,
20 hospitalization or care facilities maintained by any
21 university or college established under the laws of
22 this State and supported principally by public funds
23 raised by taxation.
24 (2) Performance of an abortion procedure in a
25 wilful and wanton manner on a woman who was not pregnant
26 at the time the abortion procedure was performed.
27 (3) The conviction of a felony in this or any other
28 jurisdiction, except as otherwise provided in subsection
29 B of this Section, whether or not related to practice
30 under this Act, or the entry of a guilty or nolo
31 contendere plea to a felony charge.
32 (4) Gross negligence in practice under this Act.
33 (5) Engaging in dishonorable, unethical or
34 unprofessional conduct of a character likely to deceive,
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1 defraud or harm the public.
2 (6) Obtaining any fee by fraud, deceit, or
3 misrepresentation.
4 (7) Habitual or excessive use or abuse of drugs
5 defined in law as controlled substances, of alcohol, or
6 of any other substances which results in the inability to
7 practice with reasonable judgment, skill or safety.
8 (8) Practicing under a false or, except as provided
9 by law, an assumed name.
10 (9) Fraud or misrepresentation in applying for, or
11 procuring, a license under this Act or in connection with
12 applying for renewal of a license under this Act.
13 (10) Making a false or misleading statement
14 regarding their skill or the efficacy or value of the
15 medicine, treatment, or remedy prescribed by them at
16 their direction in the treatment of any disease or other
17 condition of the body or mind.
18 (11) Allowing another person or organization to use
19 their license, procured under this Act, to practice.
20 (12) Disciplinary action of another state or
21 jurisdiction against a license or other authorization to
22 practice as a medical doctor, doctor of osteopathy,
23 doctor of osteopathic medicine or doctor of chiropractic,
24 a certified copy of the record of the action taken by the
25 other state or jurisdiction being prima facie evidence
26 thereof.
27 (13) Violation of any provision of this Act or of
28 the Medical Practice Act prior to the repeal of that Act,
29 or violation of the rules, or a final administrative
30 action of the Director, after consideration of the
31 recommendation of the Disciplinary Board.
32 (14) Dividing with anyone other than physicians
33 with whom the licensee practices in a partnership,
34 Professional Association, limited liability company, or
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1 Medical or Professional Corporation any fee, commission,
2 rebate or other form of compensation for any professional
3 services not actually and personally rendered. Nothing
4 contained in this subsection prohibits persons holding
5 valid and current licenses under this Act from practicing
6 medicine in partnership under a partnership agreement,
7 including a limited liability partnership, in a limited
8 liability company under the Limited Liability Company
9 Act, in a corporation authorized by the Medical
10 Corporation Act, as an association authorized by the
11 Professional Association Act, or in a corporation under
12 the Professional Corporation Act or from pooling,
13 sharing, dividing or apportioning the fees and monies
14 received by them or by the partnership, corporation or
15 association in accordance with the partnership agreement
16 or the policies of the Board of Directors of the
17 corporation or association. Nothing contained in this
18 subsection prohibits 2 or more corporations authorized by
19 the Medical Corporation Act, from forming a partnership
20 or joint venture of such corporations, and providing
21 medical, surgical and scientific research and knowledge
22 by employees of these corporations if such employees are
23 licensed under this Act, or from pooling, sharing,
24 dividing, or apportioning the fees and monies received by
25 the partnership or joint venture in accordance with the
26 partnership or joint venture agreement. Nothing
27 contained in this subsection shall abrogate the right of
28 2 or more persons, holding valid and current licenses
29 under this Act, to each receive adequate compensation for
30 concurrently rendering professional services to a patient
31 and divide a fee; provided, the patient has full
32 knowledge of the division, and, provided, that the
33 division is made in proportion to the services performed
34 and responsibility assumed by each.
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1 (15) A finding by the Medical Disciplinary Board
2 that the registrant after having his or her license
3 placed on probationary status or subjected to conditions
4 or restrictions violated the terms of the probation or
5 failed to comply with such terms or conditions.
6 (16) Abandonment of a patient.
7 (17) Prescribing, selling, administering,
8 distributing, giving or self-administering any drug
9 classified as a controlled substance (designated product)
10 or narcotic for other than medically accepted therapeutic
11 purposes.
12 (18) Promotion of the sale of drugs, devices,
13 appliances or goods provided for a patient in such manner
14 as to exploit the patient for financial gain of the
15 physician.
16 (19) Offering, undertaking or agreeing to cure or
17 treat disease by a secret method, procedure, treatment or
18 medicine, or the treating, operating or prescribing for
19 any human condition by a method, means or procedure which
20 the licensee refuses to divulge upon demand of the
21 Department.
22 (20) Immoral conduct in the commission of any act
23 including, but not limited to, commission of an act of
24 sexual misconduct related to the licensee's practice.
25 (21) Wilfully making or filing false records or
26 reports in his or her practice as a physician, including,
27 but not limited to, false records to support claims
28 against the medical assistance program of the Department
29 of Public Aid under the Illinois Public Aid Code.
30 (22) Wilful omission to file or record, or wilfully
31 impeding the filing or recording, or inducing another
32 person to omit to file or record, medical reports as
33 required by law, or wilfully failing to report an
34 instance of suspected abuse or neglect as required by
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1 law.
2 (23) Being named as a perpetrator in an indicated
3 report by the Department of Children and Family Services
4 under the Abused and Neglected Child Reporting Act, and
5 upon proof by clear and convincing evidence that the
6 licensee has caused a child to be an abused child or
7 neglected child as defined in the Abused and Neglected
8 Child Reporting Act.
9 (24) Solicitation of professional patronage by any
10 corporation, agents or persons, or profiting from those
11 representing themselves to be agents of the licensee.
12 (25) Gross and wilful and continued overcharging
13 for professional services, including filing false
14 statements for collection of fees for which services are
15 not rendered, including, but not limited to, filing such
16 false statements for collection of monies for services
17 not rendered from the medical assistance program of the
18 Department of Public Aid under the Illinois Public Aid
19 Code.
20 (26) A pattern of practice or other behavior which
21 demonstrates incapacity or incompetence to practice under
22 this Act.
23 (27) Mental illness or disability which results in
24 the inability to practice under this Act with reasonable
25 judgment, skill or safety.
26 (28) Physical illness, including, but not limited
27 to, deterioration through the aging process, or loss of
28 motor skill which results in a physician's inability to
29 practice under this Act with reasonable judgment, skill
30 or safety.
31 (29) Cheating on or attempt to subvert the
32 licensing examinations administered under this Act.
33 (30) Wilfully or negligently violating the
34 confidentiality between physician and patient except as
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1 required by law.
2 (31) The use of any false, fraudulent, or deceptive
3 statement in any document connected with practice under
4 this Act.
5 (32) Aiding and abetting an individual not licensed
6 under this Act in the practice of a profession licensed
7 under this Act.
8 (33) Violating state or federal laws or regulations
9 relating to controlled substances.
10 (34) Failure to report to the Department any
11 adverse final action taken against them by another
12 licensing jurisdiction (any other state or any territory
13 of the United States or any foreign state or country), by
14 any peer review body, by any health care institution, by
15 any professional society or association related to
16 practice under this Act, by any governmental agency, by
17 any law enforcement agency, or by any court for acts or
18 conduct similar to acts or conduct which would constitute
19 grounds for action as defined in this Section.
20 (35) Failure to report to the Department surrender
21 of a license or authorization to practice as a medical
22 doctor, a doctor of osteopathy, a doctor of osteopathic
23 medicine, or doctor of chiropractic in another state or
24 jurisdiction, or surrender of membership on any medical
25 staff or in any medical or professional association or
26 society, while under disciplinary investigation by any of
27 those authorities or bodies, for acts or conduct similar
28 to acts or conduct which would constitute grounds for
29 action as defined in this Section.
30 (36) Failure to report to the Department any
31 adverse judgment, settlement, or award arising from a
32 liability claim related to acts or conduct similar to
33 acts or conduct which would constitute grounds for action
34 as defined in this Section.
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1 (37) Failure to transfer copies of medical records
2 as required by law.
3 (38) Failure to furnish the Department, its
4 investigators or representatives, relevant information,
5 legally requested by the Department after consultation
6 with the Chief Medical Coordinator or the Deputy Medical
7 Coordinator.
8 (39) Violating the Health Care Worker Self-Referral
9 Act.
10 (40) Willful failure to provide notice when notice
11 is required under the Parental Notice of Abortion Act of
12 1995.
13 (41) Failure to establish and maintain records of
14 patient care and treatment as required by this law.
15 (42) Entering into an excessive number of written
16 collaborative agreements with licensed advanced practice
17 nurses resulting in an inability to adequately
18 collaborate and provide medical direction.
19 (43) Repeated failure to adequately collaborate
20 with or provide medical direction to a licensed advanced
21 practice nurse.
22 All proceedings to suspend, revoke, place on probationary
23 status, or take any other disciplinary action as the
24 Department may deem proper, with regard to a license on any
25 of the foregoing grounds, must be commenced within 3 years
26 next after receipt by the Department of a complaint alleging
27 the commission of or notice of the conviction order for any
28 of the acts described herein. Except for the grounds
29 numbered (8), (9) and (29), no action shall be commenced more
30 than 5 years after the date of the incident or act alleged to
31 have violated this Section. In the event of the settlement
32 of any claim or cause of action in favor of the claimant or
33 the reduction to final judgment of any civil action in favor
34 of the plaintiff, such claim, cause of action or civil action
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1 being grounded on the allegation that a person licensed under
2 this Act was negligent in providing care, the Department
3 shall have an additional period of one year from the date of
4 notification to the Department under Section 23 of this Act
5 of such settlement or final judgment in which to investigate
6 and commence formal disciplinary proceedings under Section 36
7 of this Act, except as otherwise provided by law. The time
8 during which the holder of the license was outside the State
9 of Illinois shall not be included within any period of time
10 limiting the commencement of disciplinary action by the
11 Department.
12 The entry of an order or judgment by any circuit court
13 establishing that any person holding a license under this Act
14 is a person in need of mental treatment operates as a
15 suspension of that license. That person may resume their
16 practice only upon the entry of a Departmental order based
17 upon a finding by the Medical Disciplinary Board that they
18 have been determined to be recovered from mental illness by
19 the court and upon the Disciplinary Board's recommendation
20 that they be permitted to resume their practice.
21 The Department may refuse to issue or take disciplinary
22 action concerning the license of any person who fails to file
23 a return, or to pay the tax, penalty or interest shown in a
24 filed return, or to pay any final assessment of tax, penalty
25 or interest, as required by any tax Act administered by the
26 Illinois Department of Revenue, until such time as the
27 requirements of any such tax Act are satisfied as determined
28 by the Illinois Department of Revenue.
29 The Department, upon the recommendation of the
30 Disciplinary Board, shall adopt rules which set forth
31 standards to be used in determining:
32 (a) when a person will be deemed sufficiently
33 rehabilitated to warrant the public trust;
34 (b) what constitutes dishonorable, unethical or
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1 unprofessional conduct of a character likely to deceive,
2 defraud, or harm the public;
3 (c) what constitutes immoral conduct in the
4 commission of any act, including, but not limited to,
5 commission of an act of sexual misconduct related to the
6 licensee's practice; and
7 (d) what constitutes gross negligence in the
8 practice of medicine.
9 However, no such rule shall be admissible into evidence
10 in any civil action except for review of a licensing or other
11 disciplinary action under this Act.
12 In enforcing this Section, the Medical Disciplinary
13 Board, upon a showing of a possible violation, may compel any
14 individual licensed to practice under this Act, or who has
15 applied for licensure or a permit pursuant to this Act, to
16 submit to a mental or physical examination, or both, as
17 required by and at the expense of the Department. The
18 examining physician or physicians shall be those specifically
19 designated by the Disciplinary Board. The Medical
20 Disciplinary Board or the Department may order the examining
21 physician to present testimony concerning this mental or
22 physical examination of the licensee or applicant. No
23 information shall be excluded by reason of any common law or
24 statutory privilege relating to communication between the
25 licensee or applicant and the examining physician. The
26 individual to be examined may have, at his or her own
27 expense, another physician of his or her choice present
28 during all aspects of the examination. Failure of any
29 individual to submit to mental or physical examination, when
30 directed, shall be grounds for suspension of his or her
31 license until such time as the individual submits to the
32 examination if the Disciplinary Board finds, after notice and
33 hearing, that the refusal to submit to the examination was
34 without reasonable cause. If the Disciplinary Board finds a
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1 physician unable to practice because of the reasons set forth
2 in this Section, the Disciplinary Board shall require such
3 physician to submit to care, counseling, or treatment by
4 physicians approved or designated by the Disciplinary Board,
5 as a condition for continued, reinstated, or renewed
6 licensure to practice. Any physician, whose license was
7 granted pursuant to Sections 9, 17, or 19 of this Act, or,
8 continued, reinstated, renewed, disciplined or supervised,
9 subject to such terms, conditions or restrictions who shall
10 fail to comply with such terms, conditions or restrictions,
11 or to complete a required program of care, counseling, or
12 treatment, as determined by the Chief Medical Coordinator or
13 Deputy Medical Coordinators, shall be referred to the
14 Director for a determination as to whether the licensee shall
15 have their license suspended immediately, pending a hearing
16 by the Disciplinary Board. In instances in which the
17 Director immediately suspends a license under this Section, a
18 hearing upon such person's license must be convened by the
19 Disciplinary Board within 15 days after such suspension and
20 completed without appreciable delay. The Disciplinary Board
21 shall have the authority to review the subject physician's
22 record of treatment and counseling regarding the impairment,
23 to the extent permitted by applicable federal statutes and
24 regulations safeguarding the confidentiality of medical
25 records.
26 An individual licensed under this Act, affected under
27 this Section, shall be afforded an opportunity to demonstrate
28 to the Disciplinary Board that they can resume practice in
29 compliance with acceptable and prevailing standards under the
30 provisions of their license.
31 The Department may promulgate rules for the imposition of
32 fines in disciplinary cases, not to exceed $5,000 for each
33 violation of this Act. Fines may be imposed in conjunction
34 with other forms of disciplinary action, but shall not be the
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1 exclusive disposition of any disciplinary action arising out
2 of conduct resulting in death or injury to a patient. Any
3 funds collected from such fines shall be deposited in the
4 Medical Disciplinary Fund.
5 (B) The Department shall revoke the license or visiting
6 permit of any person issued under this Act to practice
7 medicine or to treat human ailments without the use of drugs
8 and without operative surgery, who has been convicted a
9 second time of committing any felony under the Illinois
10 Controlled Substances Act, or who has been convicted a second
11 time of committing a Class 1 felony under Sections 8A-3 and
12 8A-6 of the Illinois Public Aid Code. A person whose license
13 or visiting permit is revoked under this subsection B of
14 Section 22 of this Act shall be prohibited from practicing
15 medicine or treating human ailments without the use of drugs
16 and without operative surgery.
17 (C) The Medical Disciplinary Board shall recommend to
18 the Department civil penalties and any other appropriate
19 discipline in disciplinary cases when the Board finds that a
20 physician willfully performed an abortion with actual
21 knowledge that the person upon whom the abortion has been
22 performed is a minor or an incompetent person without notice
23 as required under the Parental Notice of Abortion Act of
24 1995. Upon the Board's recommendation, the Department shall
25 impose, for the first violation, a civil penalty of $1,000
26 and for a second or subsequent violation, a civil penalty of
27 $5,000.
28 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
29 89-626, eff. 8-9-96; 89-702, eff. 7-1-97.)
30 (225 ILCS 60/54.5 new)
31 Sec. 54.5. Physician delegation of authority.
32 (a) Physicians licensed to practice medicine in all its
33 branches may delegate care and treatment responsibilities to
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1 a physician assistant under guidelines in accordance with the
2 requirements of the Physician Assistant Practice Act of
3 1987. A physician licensed to practice medicine in all its
4 branches may enter into supervising physician agreements with
5 no more than 2 physician assistants.
6 (b) A physician licensed to practice medicine in all its
7 branches in active clinical practice may collaborate with an
8 advanced practice nurse in accordance with the requirements
9 of Title 15 of the Nursing and Advanced Practice Nursing Act.
10 Collaboration is for the purpose of providing medical
11 direction in a team relationship, and no employment
12 relationship is required. A written collaborative agreement
13 shall conform to the requirements of Sections 15-15 and 15-20
14 of the Nursing and Advanced Practice Nursing Act. The
15 agreement shall be for services the collaborating physician
16 generally provides to his or her patients in the normal
17 course of clinical medical practice. Physician medical
18 direction shall be adequate with respect to collaboration
19 with certified nurse practitioners, certified nurse midwives,
20 and clinical nurse specialists if a collaborating physician:
21 (1) participates in the joint formulation and joint
22 approval of orders or guidelines with the advanced
23 practice nurse and periodically reviews such orders and
24 the services provided patients under such orders in
25 accordance with accepted standards of medical practice
26 and advanced practice nursing practice;
27 (2) is on site at least once a month to provide
28 medical direction and consultation; and
29 (3) is available through telecommunications for
30 consultation on medical problems, complications, or
31 emergencies or patient referral.
32 (c) The supervising physician shall have access to the
33 medical records of all patients attended by a physician
34 assistant. The collaborating physician shall have access to
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1 the medical records of all patients attended to by an
2 advanced practice nurse.
3 (d) Nothing in this Act shall be construed to limit the
4 delegation of tasks or duties by a physician licensed to
5 practice medicine in all its branches to a licensed practical
6 nurse, a registered professional nurse, or other personnel.
7 (e) A physician shall not be liable for the acts or
8 omissions of a physician assistant or advanced practice nurse
9 solely on the basis of having signed a supervision agreement
10 or guidelines or a collaborative agreement, an order, a
11 standing medical order, a standing delegation order, or other
12 order or guideline authorizing a physician assistant or
13 advanced practice nurse to perform acts, unless the physician
14 has reason to believe the physician assistant or advanced
15 practice nurse lacked the competency to perform the act or
16 acts.
17 Section 15. The Illinois Nursing Act of 1987 is amended
18 by renumbering and changing Sections 1, 2, 3, 4, 4.1, 4.2,
19 4.5, 5, 5.1, 6, 7, 12, 14, 16, 17, 18, 21, 22, 23, 24, 26,
20 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42,
21 43, 44, 45, 46, 47, 48, and 49 and adding Sections 10-10,
22 10-15, 10-40, 10-45, 10-50, 15-5, 15-10, 15-15, 15-20, 15-30,
23 15-35, 15-40, 15-45, 15-50, 15-55, and 20-2 and new Title
24 headings as follows:
25 (225 ILCS 65/Title 5 heading new)
26 TITLE 5. GENERAL PROVISIONS
27 (225 ILCS 65/5-1, formerly 65/1)
28 Sec. 5-1. 1. This Article may be cited as the Illinois
29 Nursing and Advanced Practice Nursing Act, and throughout
30 this Article, references to this Act shall mean this Article
31 of 1987.
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1 (Source: P.A. 85-981; 86-1475.)
2 (225 ILCS 65/5-5, formerly 65/2)
3 Sec. 5-5. 2. Legislative purpose. The practice of
4 professional and practical nursing in the State of Illinois
5 is hereby declared to affect the public health, safety, and
6 welfare and to be subject to regulation and control in the
7 public interest. It is further declared to be a matter of
8 public interest and concern that the practice of nursing, as
9 defined in this Act, merit and receive the confidence of the
10 public and that only qualified persons be authorized to so
11 practice in the State of Illinois. This Act shall be
12 liberally construed to best carry out these subjects and
13 purposes.
14 (Source: P.A. 85-981.)
15 (225 ILCS 65/5-10, formerly 65/3)
16 Sec. 5-10. 3. Definitions. Each of the following terms,
17 when used in this Act, shall have the meaning ascribed to it
18 in this Section, except where the context clearly indicates
19 otherwise:
20 (a) "Department" means the Department of Professional
21 Regulation.
22 (b) "Director" means the Director of Professional
23 Regulation.
24 (c) "Board" means the Board of Nursing appointed by the
25 Director.
26 (d) "Academic year" means the customary annual schedule
27 of courses at a college, university, or approved school,
28 customarily regarded as the school year as distinguished from
29 the calendar year.
30 (e) "Approved program of professional nursing education"
31 and "approved program of practical nursing education" are
32 programs of professional or practical nursing, respectively,
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1 approved by the Department under the provisions of this Act.
2 (f) "Nursing Act Coordinator" means a registered
3 professional nurse appointed by the Director to carry out the
4 administrative policies of the Department.
5 (g) "Assistant Nursing Act Coordinator" means a
6 registered professional nurse appointed by the Director to
7 assist in carrying out the administrative policies of the
8 Department.
9 (h) "Registered" is the equivalent of "licensed".
10 (i) "Practical nurse" or "licensed practical nurse"
11 means a person who is licensed as a practical nurse under
12 this Act and practices practical nursing as defined in
13 paragraph (j) of this Section. Only a practical nurse
14 licensed under this Act is entitled to use the title
15 "licensed practical nurse" and the abbreviation "L.P.N.".
16 (j) "Practical nursing" means the performance of nursing
17 acts requiring the basic nursing knowledge, judgement, and
18 skill acquired by means of completion of an approved
19 practical nursing education program. Practical nursing
20 includes assisting in the nursing process as delegated by and
21 under the direction of a registered professional nurse. The
22 practical nurse may work under the direction of a licensed
23 physician, dentist, podiatrist, or other health care
24 professional determined by the Department.
25 (k) "Registered Nurse" or "Registered Professional
26 Nurse" means a person who is licensed as a professional nurse
27 under this Act and practices nursing as defined in paragraph
28 (l) of this Section. Only a registered nurse licensed under
29 this Act is entitled to use the titles "registered nurse" and
30 "registered professional nurse" and the abbreviation, "R.N.".
31 (l) "Registered professional nursing practice" includes
32 all nursing specialities and means the performance of any
33 nursing act based upon professional knowledge, judgment, and
34 skills acquired by means of completion of an approved
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1 registered professional nursing education program. A
2 registered professional nurse provides nursing care
3 emphasizing the importance of the whole and the
4 interdependence of its parts through the nursing process to
5 individuals, groups, families, or communities, that includes
6 but is not limited to: (1) the assessment of healthcare
7 needs, nursing diagnosis, planning, implementation, and
8 nursing evaluation; (2) the promotion, maintenance, and
9 restoration of health; (3) counseling, patient education,
10 health education, and patient advocacy; (4) the
11 administration of medications and treatments as prescribed by
12 a physician licensed to practice medicine in all of its
13 branches, a licensed dentist, a licensed podiatrist, or a
14 licensed optometrist or as prescribed by a physician
15 assistant in accordance with written guidelines required
16 under the Physician Assistant Practice Act of 1987 or by an
17 advanced practice nurse in accordance with a written
18 collaborative agreement required under the Nursing and
19 Advanced Practice Nursing Act; (5) the coordination and
20 management of the nursing plan of care; (6) the delegation to
21 and supervision of individuals who assist the registered
22 professional nurse implementing the plan of care; and (7)
23 teaching and supervision of nursing students. in The
24 foregoing shall not be deemed to include those acts of
25 medical diagnosis or prescription of therapeutic or
26 corrective measures that are properly performed only by
27 physicians licensed in the State of Illinois.
28 (m) "Current nursing practice update course" means a
29 planned nursing education curriculum approved by the
30 Department consisting of activities that have educational
31 objectives, instructional methods, content or subject matter,
32 clinical practice, and evaluation methods, related to basic
33 review and updating content and specifically planned for
34 those nurses previously licensed in the United States or its
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1 territories and preparing for reentry into nursing practice.
2 (n) "Professional assistance program for nurses" means a
3 professional assistance program that meets criteria
4 established by the Board of Committee on Nursing and approved
5 by the Director, which provides a non-disciplinary treatment
6 approach for nurses licensed under this Act whose ability to
7 practice is compromised by alcohol or chemical substance
8 addiction.
9 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
10 revised 8-12-97.)
11 (225 ILCS 65/5-15, formerly 65/4)
12 Sec. 5-15. 4. Policy; application of Act. For the
13 protection of life and the promotion of health, and the
14 prevention of illness and communicable diseases, any person
15 practicing or offering to practice professional and practical
16 nursing in Illinois shall submit evidence that he or she is
17 qualified to practice, and shall be licensed as provided
18 under this Act. No person shall practice or offer to
19 practice professional or practical nursing in Illinois or use
20 any title, sign, card or device to indicate that such a
21 person is practicing professional or practical nursing unless
22 such person has been licensed under the provisions of this
23 Act.
24 This Act does not prohibit the following:
25 (a) The practice of nursing in Federal employment in the
26 discharge of the employee's duties by a person who is
27 employed by the United States government or any bureau,
28 division or agency thereof and is a legally qualified and
29 licensed nurse of another state or territory and not in
30 conflict with Sections 10-5, 10-30, and 10-45 6, 12, and 25
31 of this Act.;
32 (b) Nursing that is included in their program of study
33 by students enrolled in programs of nursing or in current
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1 nurse practice update courses approved by the Department.;
2 (c) The furnishing of nursing assistance in an
3 emergency.;
4 (d) The practice of nursing by a nurse who holds an
5 active license in another state when providing services to
6 patients in Illinois during a bonafide emergency or in
7 immediate preparation for or during interstate transit.;
8 (e) The incidental care of the sick by members of the
9 family, domestic servants or housekeepers, or care of the
10 sick where treatment is by prayer or spiritual means.;
11 (f) Persons from being employed as nursing aides,
12 attendants, orderlies, and other auxiliary workers in private
13 homes, long term care facilities, nurseries, hospitals or
14 other institutions.;
15 (g) The practice of practical nursing by one who has
16 applied in writing to the Department in form and substance
17 satisfactory to the Department, for a license as a licensed
18 practical nurse and who has complied with all the provisions
19 under Section 10-30 12, except the passing of an examination
20 to be eligible to receive such license, until: the decision
21 of the Department that the applicant has failed to pass the
22 next available examination authorized by the Department, or
23 has failed, without an approved excuse, to take the next
24 available examination authorized by the Department, or until
25 the withdrawal of the application, but not to exceed 3
26 months. No applicant for licensure practicing under the
27 provisions of this paragraph shall practice practical nursing
28 except under the direct supervision of a registered
29 professional nurse licensed under this Act or a licensed
30 physician, dentist or podiatrist. In no instance shall any
31 such applicant practice or be employed in any supervisory
32 capacity.;
33 (h) The practice of practical nursing by one who is a
34 licensed practical nurse under the laws of another U.S.
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1 jurisdiction and has applied in writing to the Department, in
2 form and substance satisfactory to the Department, for a
3 license as a licensed practical nurse and who is qualified to
4 receive such license under Section 10-30 12, until: (1) the
5 expiration of 6 months after the filing of such written
6 application, or (2) the withdrawal of such application, or
7 (3) the denial of such application by the Department.;
8 (i) The practice of professional nursing by one who has
9 applied in writing to the Department in form and substance
10 satisfactory to the Department for a license as a registered
11 professional nurse and has complied with all the provisions
12 under Section 10-30 12 except the passing of an examination
13 to be eligible to receive such license, until: the decision
14 of the Department that the applicant has failed to pass the
15 next available examination authorized by the Department, or
16 has failed, without an approved excuse, to take the next
17 available examination authorized by the Department or until
18 the withdrawal of the application, but not to exceed 3
19 months. No applicant for licensure practicing under the
20 provisions of this paragraph shall practice professional
21 nursing except under the direct supervision of a registered
22 professional nurse licensed under this Act. In no instance
23 shall any such applicant practice or be employed in any
24 supervisory capacity.;
25 (j) The practice of professional nursing by one who is a
26 registered professional nurse under the laws of another
27 state, territory of the United States or country and has
28 applied in writing to the Department, in form and substance
29 satisfactory to the Department, for a license as a registered
30 professional nurse and who is qualified to receive such
31 license under Section 10-30 12, until: (1) the expiration
32 of 6 months after the filing of such written application, or
33 (2) the withdrawal of such application, or (3) the denial of
34 such application by the Department.;
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1 (k) The practice of professional nursing that is
2 included in a program of study by one who is a registered
3 professional nurse under the laws of another state or
4 territory of the United States or foreign country, territory
5 or province and who is enrolled in a graduate nursing
6 education program or a program for the completion of a
7 baccalaureate nursing degree in this State, which program
8 includes clinical supervision by faculty as determined by the
9 educational institution offering the program and the health
10 care organization where the practice of nursing occurs. The
11 educational institution will file with the Department each
12 academic term a list of the names and origin of license of
13 all professional nurses practicing nursing as part of their
14 programs under this provision.; or
15 (l) Any person licensed in this State under any other
16 Act from engaging in the practice for which she or he is
17 licensed.
18 An applicant for license practicing under the exceptions
19 set forth in subparagraphs (g), (h), (i), and (j) of this
20 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
21 Pend. respectively and no other.
22 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
23 revised 8-12-97.)
24 (225 ILCS 65/5-17, formerly 65/4.1)
25 Sec. 5-17. 4.1. Task Force. The Governor shall appoint
26 a task force to be convened by the Illinois Department of
27 Professional Regulation to study the roles, responsibilities,
28 training, competency, and supervision of persons who are
29 employed to assist a nurse, including nursing aides,
30 attendants, orderlies, and other auxiliary workers in private
31 homes, long term care facilities, nurseries, hospitals, and
32 other institutions. The purpose of the task force shall be
33 to determine if there is a need for regulation of such
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1 persons by the Department.
2 The task force shall be comprised of 11 members. The
3 task force shall include one representative from the
4 Department of Professional Regulation, one representative
5 from the Department of Public Health, and 9 persons
6 representing various nursing and health care provider
7 organizations in Illinois, including, but not limited to, a
8 representative from the Illinois Nurses Association, Illinois
9 Organization of Nurse Leaders, Illinois Hospital and Health
10 Systems Association, Illinois Health Care Association,
11 Illinois Coalition of Nursing Organizations, Life Services
12 Network, Licensed Practical Nursing Association of Illinois,
13 Certified Nurse Aide Educators, and Illinois Homecare
14 Council.
15 The task force shall report its findings and
16 recommendations to the Governor by January 1, 1999.
17 (Source: P.A. 90-248, eff. 1-1-98.)
18 (225 ILCS 65/5-22, formerly 65/4.2)
19 Sec. 5-22. 4.2. Social Security Number on license
20 application. In addition to any other information required
21 to be contained in the application, every application for an
22 original, renewal, or restored license under this Act shall
23 include the applicant's Social Security Number.
24 (Source: P.A. 90-144, eff. 7-23-97.)
25 (225 ILCS 65/5-20, formerly 65/4.5)
26 Sec. 5-20. 4.5. Unlicensed practice; violation; civil
27 penalty.
28 (a) Any person who practices, offers to practice,
29 attempts to practice, or holds oneself out to practice
30 nursing without being licensed under this Act shall, in
31 addition to any other penalty provided by law, pay a civil
32 penalty to the Department in an amount not to exceed $5,000
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1 for each offense as determined by the Department. The civil
2 penalty shall be assessed by the Department after a hearing
3 is held in accordance with the provisions set forth in this
4 Act regarding the provision of a hearing for the discipline
5 of a licensee.
6 (b) The Department has the authority and power to
7 investigate any and all unlicensed activity.
8 (c) The civil penalty shall be paid within 60 days after
9 the effective date of the order imposing the civil penalty.
10 The order shall constitute a judgment and may be filed and
11 execution had thereon in the same manner as any judgment from
12 any court of record.
13 (Source: P.A. 89-474, eff. 6-18-96.)
14 (225 ILCS 65/5-25, formerly 65/5)
15 Sec. 5-25. 5. Emergency care; civil liability.
16 Exemption from civil liability for emergency care is as
17 provided in the Good Samaritan Act.
18 (Source: P.A. 89-607, eff. 1-1-97.)
19 (225 ILCS 65/5-30, formerly 65/5.1)
20 Sec. 5-30. 5.1. Services rendered without compensation;
21 civil liability. Exemption from civil liability for services
22 rendered without compensation is as provided in the Good
23 Samaritan Act.
24 (Source: P.A. 89-607, eff. 1-1-97.)
25 (225 ILCS 65/Title 10 heading new)
26 TITLE 10. REGISTERED NURSES
27 AND LICENSED PRACTICAL NURSES
28 (225 ILCS 65/10-5, formerly 65/6)
29 Sec. 10-5. Prohibited acts. 6. No person shall:
30 (a) Practice professional nursing without a valid
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1 license as a registered professional nurse except as provided
2 in paragraphs (i) and (j) of Section 5-15 4 of this Act;
3 (b) Practice practical nursing without a valid license
4 as a licensed practical nurse; or practice practical nursing
5 other than under the direction of a licensed physician,
6 licensed dentist, or registered professional nurse; except as
7 provided in paragraphs (g), (h), and (j) of Section 5-15 4 of
8 this Act;
9 (c) Practice nursing under cover of any diploma,
10 license, or record illegally or fraudulently obtained or
11 signed or issued unlawfully or under fraudulent
12 representation;
13 (d) Practice nursing during the time her or his license
14 is suspended, revoked, expired or on inactive status;
15 (e) Use any words, abbreviations, figures, letters,
16 title, sign, card, or device tending to imply that she or he
17 is a registered professional nurse, including the titles or
18 initials, "Registered Nurse," "Professional Nurse,"
19 "Registered Professional Nurse," "Certified Nurse," "Trained
20 Nurse," "Graduate Nurse," "P.N.," or "R.N.," or "R.P.N." or
21 similar titles or initials with intention of indicating
22 practice without a valid license as a registered professional
23 nurse;
24 (f) Use any words, abbreviations figures, letters,
25 title, sign, card, or device tending to imply that she or he
26 is a licensed practical nurse including the titles or
27 initials "Practical Nurse," "Licensed Practical Nurse,"
28 "P.N.," or "L.P.N.," or similar titles or initials with
29 intention of indicated practice as a licensed practical nurse
30 without a valid license as a licensed practical nurse under
31 this Act;
32 (g) Obtain or furnish a license by or for money or any
33 other thing of value other than the fees required by Section
34 20-35 23, or by any fraudulent representation or act;
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1 (h) Make any wilfully false oath or affirmation required
2 by this Act;
3 (i) Conduct a nursing education program preparing
4 persons for licensure that has not been approved by the
5 Department;
6 (j) Represent that any school or course is approved or
7 accredited as a school or course for the education of
8 registered professional nurses or licensed practical nurses
9 unless such school or course is approved by the Department
10 under the provisions of this Act;
11 (k) Attempt or offer to do any of the acts enumerated in
12 this Section, or knowingly aid, abet, assist in the doing of
13 any such acts or in the attempt or offer to do any of such
14 acts;
15 (l) Seek employment as a registered professional nurse
16 under the terms of paragraphs (i) and (j) of Section 5-15 4
17 of this Act without possessing a written authorization which
18 has been issued by the Department or designated testing
19 service and which evidences the filing of the written
20 application referred to in paragraphs paragraph (i) and (j)
21 of Section 5-15 4 of this Act;
22 (m) Seek employment as a licensed practical nurse under
23 the terms of paragraphs (g) and (h) of Section 5-15 4 of this
24 Act without possessing a written authorization which has been
25 issued by the Department or designated testing service and
26 which evidences the filing of the written application
27 referred to in paragraphs paragraph (g) and (h) of Section
28 5-15 4 of this Act;
29 (n) Employ or utilize persons not licensed under this
30 Act to practice professional nursing or practical nursing;
31 and
32 (o) Otherwise intentionally violate any provision of
33 this Act.
34 Any person, including a firm, association or corporation
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1 who violates any provision of this Section shall be guilty of
2 a Class A misdemeanor.
3 (Source: P.A. 85-981.)
4 (225 ILCS 65/10-10 new)
5 Sec. 10-10. Department powers and duties.
6 (a) The Department shall exercise the powers and duties
7 prescribed by the Civil Administrative Code of Illinois for
8 administration of licensing acts and shall exercise other
9 powers and duties necessary for effectuating the purpose of
10 this Act. None of the functions, powers, or duties of the
11 Department with respect to licensure and examination shall be
12 exercised by the Department except upon review by the Board.
13 The Department shall adopt rules to implement, interpret, or
14 make specific the provisions and purposes of this Act;
15 however no such rules shall be adopted by the Department
16 except upon review by the Board.
17 (b) The Department shall:
18 (1) prepare and maintain a list of approved
19 programs of professional nursing education and programs
20 of practical nursing education in this State, whose
21 graduates, if they have the other necessary
22 qualifications provided in this Act, shall be eligible to
23 apply for a license to practice nursing in this State;
24 (2) promulgate rules defining what constitutes an
25 approved program of professional nursing education and
26 what constitutes an approved program of practical nursing
27 education; and
28 (3) adopt rules for examination of candidates for
29 licenses and for issuance of licenses authorizing
30 candidates upon passing an examination to practice under
31 this Act.
32 (225 ILCS 65/10-15 new)
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1 Sec. 10-15. Nursing Act Coordinator. The Department
2 shall obtain, pursuant to the Personnel Code, a Nursing Act
3 Coordinator and assistants. The Nursing Coordinator and
4 assistants shall be professional nurses licensed in this
5 State and graduated from approved schools of nursing and each
6 shall have been actively engaged in nursing education not
7 less than one year prior to appointment. The Nursing Act
8 Coordinator shall hold at least a master's degree in nursing
9 from an approved college or university and shall have at
10 least 5 years experience since graduation in progressively
11 responsible positions in nursing education. Each assistant
12 shall hold at least a master's degree in nursing from an
13 approved college or university and shall have at least 3
14 years experience since graduation in progressively
15 responsible positions in nursing education. The Nursing Act
16 Coordinator and assistants shall perform such administrative
17 functions as may be delegated to them by the Director.
18 (225 ILCS 65/10-25, formerly 65/7)
19 Sec. 10-25. 7. Board.
20 (a) The Director shall appoint the Board of Nursing
21 which shall be composed of 9 registered professional nurses,
22 2 licensed practical nurses and one public member who shall
23 also be a voting member and who is not a licensed health care
24 provider. Two registered nurses shall hold at least a
25 master's degree in nursing and be educators in professional
26 nursing programs, one representing baccalaureate nursing
27 education, one representing associate degree nursing
28 education; one registered nurse shall hold at least a
29 bachelor's degree with a major in nursing and be an educator
30 in a licensed practical nursing program; one registered nurse
31 shall hold a master's degree in nursing and shall represent
32 nursing service administration; 2 registered nurses shall
33 represent clinical nursing practice, one of whom shall have
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1 at least a master's degree in nursing; and 2 registered
2 nurses shall represent advanced specialty practice. Each of
3 the 11 nurses shall have had a minimum of 5 years experience
4 in nursing, 3 of which shall be in the area they represent on
5 the Board and be actively engaged in the area of nursing they
6 represent at the time of appointment and during their tenure
7 on the Board. Members shall be appointed for a term of 3
8 years. No member shall be eligible for appointment to more
9 than 2 consecutive terms and any appointment to fill a
10 vacancy shall be for the unexpired portion of the term. In
11 making Board appointments, the Director shall give
12 consideration to recommendations submitted by nursing
13 organizations. Consideration shall be given to equal
14 geographic representation. The Board shall receive actual
15 and necessary expenses incurred in the performance of their
16 duties.
17 In making the initial appointments, the Director shall
18 appoint all new members for terms of 2, 3, and 4 years and
19 such terms shall be staggered as follows: 3 shall be
20 appointed for terms of 2 years; 3 shall be appointed for
21 terms of 3 years; and 3 shall be appointed for terms of 4
22 years.
23 The Director may remove any member of the Board for
24 misconduct, incapacity, or neglect of duty. The Director
25 shall reduce to writing any causes for removal.
26 The Board shall meet annually to elect a chairperson and
27 vice chairperson. The Board may hold such other meetings
28 during the year as may be necessary to conduct its business.
29 Six voting members of the Board shall constitute a quorum at
30 any meeting. Any action taken by the Board must be on the
31 affirmative vote of 6 members. Voting by proxy shall not be
32 permitted.
33 The Board shall submit an annual report to the Director.
34 The members of the Board shall be immune from suit in any
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1 action based upon any disciplinary proceedings or other acts
2 performed in good faith as members of the Board.
3 (b) The Board is authorized to:
4 (1) recommend the adoption and, from time to time,
5 the revision of such rules that may be necessary to carry
6 out the provisions of this Act;
7 (2) conduct hearings and disciplinary conferences
8 upon charges calling for discipline of a licensee as
9 provided in Section 10-45 25;
10 (3) report to the Department, upon completion of a
11 hearing, the disciplinary actions recommended to be taken
12 against persons violating this Act;
13 (4) recommend the approval, denial of approval,
14 withdrawal of approval, or discipline of nursing
15 education programs;
16 (5) participate in a national organization of state
17 boards of nursing; and
18 (6) recommend a list of the registered nurses to
19 serve as Nursing Act Coordinator and Assistant Nursing
20 Act Coordinator, respectively.
21 (Source: P.A. 90-61, eff. 12-30-97.)
22 (225 ILCS 65/10-30, formerly 65/12)
23 Sec. 10-30. 12. Qualifications for licensure.
24 (a) Each applicant who successfully meets the
25 requirements of this Section shall be entitled to licensure
26 as a Registered Nurse or Licensed Practical Nurse, whichever
27 is applicable.
28 (b) An applicant for licensure by examination to
29 practice as a registered nurse or licensed practical nurse
30 shall:
31 (1) submit a completed written application, on
32 forms provided by the Department and fees as established
33 by the Department;
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1 (2) for registered nurse licensure, have completed
2 an approved professional nursing education program of not
3 less than 2 academic years and have graduated from the
4 program; for licensed practical nurse licensure, have
5 completed an approved practical nursing education program
6 of not less than one academic year and have graduated
7 from the program;
8 (3) have not violated the provisions of Section
9 10-45 25 of this Act. The Department may take into
10 consideration any felony conviction of the applicant, but
11 such a conviction shall not operate as an absolute bar to
12 licensure;
13 (4) meet all other requirements as established by
14 rule;
15 (5) pay, either to the Department or its designated
16 testing service, a fee covering the cost of providing the
17 examination. Failure to appear for the examination on the
18 scheduled date at the time and place specified after the
19 applicant's application for examination has been received
20 and acknowledged by the Department or the designated
21 testing service shall result in the forfeiture of the
22 examination fee.
23 If an applicant neglects, fails, or refuses to take an
24 examination or fails to pass an examination for a license
25 under this Act within 3 years after filing the application,
26 the application shall be denied. However, the applicant may
27 make a new application accompanied by the required fee and
28 provide evidence of meeting the requirements in force at the
29 time of the new application.
30 An applicant shall have one year from the date of
31 notification of successful completion of the examination to
32 apply to the Department for a license. If an applicant fails
33 to apply within one year, the applicant shall be required to
34 again take and pass the examination unless licensed in
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1 another jurisdiction of the United States within 2 years of
2 passing the examination.
3 (c) An applicant for licensure who is a registered
4 professional nurse or a licensed practical nurse licensed by
5 examination under the laws of another state or territory of
6 the United States shall:
7 (1) submit a completed written application, on
8 forms supplied by the Department, and fees as established
9 by the Department;
10 (2) for registered nurse licensure, have completed
11 an approved professional nursing education program of not
12 less than 2 academic years and have graduated from the
13 program; for licensed practical nurse licensure, have
14 completed an approved practical nursing education program
15 of not less than one academic year and have graduated
16 from the program;
17 (3) submit verification of licensure status
18 directly from the United States jurisdiction of
19 licensure;
20 (4) have passed the examination authorized by the
21 Department;
22 (5) meet all other requirements as established by
23 rule.
24 (d) All applicants for licensure pursuant to this
25 Section who are graduates of nursing educational programs in
26 a country other than the United States or its territories
27 must submit to the Department certification of successful
28 completion of the Commission of Graduates of Foreign Nursing
29 Schools (CGFNS) examination. An applicant, who is unable to
30 provide appropriate documentation to satisfy CGFNS of her or
31 his educational qualifications for the CGFNS examination,
32 shall be required to pass an examination to test competency
33 in the English language which shall be prescribed by the
34 Department, if the applicant is determined by the Board to be
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1 educationally prepared in nursing. The Board shall make
2 appropriate inquiry into the reasons for any adverse
3 determination by CGFNS before making its own decision.
4 An applicant licensed in another state or territory who
5 is applying for licensure and has received her or his
6 education in a country other than the United States or its
7 territories shall be exempt from the completion of the
8 Commission of Graduates of Foreign Nursing Schools (CGFNS)
9 examination if the applicant meets all of the following
10 requirements:
11 (1) successful passage of the licensure examination
12 authorized by the Department;
13 (2) holds an active, unencumbered license in
14 another state; and
15 (3) has been actively practicing for a minimum of 2
16 years in another state.
17 (e) No applicant shall be issued a license as a
18 registered nurse or practical nurse under this Section unless
19 he or she has passed the examination authorized by the
20 Department within 3 years of completion and graduation from
21 an approved nursing education program, unless such applicant
22 submits proof of successful completion of a
23 Department-authorized remedial nursing education program or
24 recompletion of an approved registered nursing program or
25 licensed practical nursing program, as appropriate.
26 (f) Pending the issuance of a license under subsection
27 (b) of this Section, the Department may grant an applicant a
28 temporary license to practice nursing as a registered nurse
29 or as a licensed practical nurse if the Department is
30 satisfied that the applicant holds an active, unencumbered
31 license in good standing in another jurisdiction. If the
32 applicant holds more than one current active license, or one
33 or more active temporary licenses from other jurisdictions,
34 the Department shall not issue a temporary license until it
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1 is satisfied that each current active license held by the
2 applicant is unencumbered. The temporary license, which
3 shall be issued no later than 14 working days following
4 receipt by the Department of an application for the temporary
5 license, shall be granted upon the submission of the
6 following to the Department:
7 (1) a signed and completed application for
8 licensure under subsection (a) of this Section as a
9 registered nurse or a licensed practical nurse;
10 (2) proof of a current, active license in at least
11 one other jurisdiction and proof that each current active
12 license or temporary license held by the applicant is
13 unencumbered;
14 (3) a signed and completed application for a
15 temporary license; and
16 (4) the required permit fee.
17 (g) The Department may refuse to issue an applicant a
18 temporary license authorized pursuant to this Section if,
19 within 14 working days following its receipt of an
20 application for a temporary license, the Department
21 determines that:
22 (1) the applicant has been convicted of a crime
23 under the laws of a jurisdiction of the United States:
24 (i) which is a felony; or (ii) which is a misdemeanor
25 directly related to the practice of the profession,
26 within the last 5 years;
27 (2) within the last 5 years the applicant has had a
28 license or permit related to the practice of nursing
29 revoked, suspended, or placed on probation by another
30 jurisdiction, if at least one of the grounds for
31 revoking, suspending, or placing on probation is the same
32 or substantially equivalent to grounds in Illinois; or
33 (3) it intends to deny licensure by endorsement.
34 For purposes of this Section, an "unencumbered license"
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1 means a license against which no disciplinary action has been
2 taken or is pending and for which all fees and charges are
3 paid and current.
4 (h) The Department may revoke a temporary license issued
5 pursuant to this Section if:
6 (1) it determines that the applicant has been
7 convicted of a crime under the law of any jurisdiction of
8 the United States that is (i) a felony or (ii) a
9 misdemeanor directly related to the practice of the
10 profession, within the last 5 years;
11 (2) it determines that within the last 5 years the
12 applicant has had a license or permit related to the
13 practice of nursing revoked, suspended, or placed on
14 probation by another jurisdiction, if at least one of the
15 grounds for revoking, suspending, or placing on probation
16 is the same or substantially equivalent to grounds in
17 Illinois; or
18 (3) it determines that it intends to deny licensure
19 by endorsement.
20 A temporary license or renewed temporary license shall
21 expire (i) upon issuance of an Illinois license or (ii) upon
22 notification that the Department intends to deny licensure by
23 endorsement. A temporary license shall expire 6 months from
24 the date of issuance. Further renewal may be granted by the
25 Department in hardship cases, as defined by rule. However, a
26 temporary license shall automatically expire upon issuance of
27 the Illinois license or upon notification that the Department
28 intends to deny licensure, whichever occurs first. No
29 extensions shall be granted beyond the 6-month period unless
30 approved by the Director. Notification by the Department
31 under this Section shall be by certified or registered mail.
32 (Source: P.A. 90-61, eff. 12-30-97.)
33 (225 ILCS 65/10-35, formerly 65/14)
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1 Sec. 10-35. 14. Concurrent theory and clinical practice
2 education requirements. Except for those applicants who have
3 received advanced graduate degrees in nursing from an
4 approved program with concurrent theory and clinical
5 practice, the educational requirements of Section 10-30 12
6 relating to registered professional nursing and licensed
7 practical nursing shall not be deemed to have been satisfied
8 by the completion of any correspondence course or any program
9 of nursing that does not require coordinated or concurrent
10 theory and clinical practice.
11 (Source: P.A. 90-61, eff. 12-30-97.)
12 (225 ILCS 65/10-40 new)
13 Sec. 10-40. Endorsement. Upon payment of the required
14 fee, an applicant who is a registered professional nurse or a
15 licensed practical nurse educated and licensed under the laws
16 of a foreign country, territory or province shall write and
17 pass an examination conducted by the Department to determine
18 her or his fitness for licensure as a registered professional
19 nurse or a licensed practical nurse:
20 (a) whenever the requirements of such country, territory
21 or province were at the date of license substantially equal
22 to the requirements then in force in this State; and with
23 respect to practical nursing, if prior to the enactment of
24 this Act, substantially equal to the requirements of this Act
25 at the time of its enactment; or
26 (b) whenever such requirements of another country,
27 territory or province together with educational and
28 professional qualifications, as distinguished from practical
29 experience, of the applicant since obtaining a license as a
30 registered professional nurse or a licensed practical nurse
31 in such country, territory or province are substantially
32 equal to the requirements in force in Illinois at the time of
33 application for licensure as a registered nurse or a licensed
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1 practical nurse in Illinois.
2 The examination shall be the same as that required of
3 other applicants for licensure by examination.
4 Applicants have 3 years from the date of application to
5 complete the application process. If the process has not
6 been completed in 3 years, the application shall be denied,
7 the fee forfeited and the applicant must reapply and meet the
8 requirements in effect at the time of reapplication.
9 (225 ILCS 65/10-45 new)
10 Sec. 10-45. Grounds for disciplinary action.
11 (a) The Department may, upon recommendation of the
12 Board, refuse to issue or to renew, or may revoke, suspend,
13 place on probation, reprimand, or take other disciplinary
14 action as the Department may deem appropriate with regard to
15 a license for any one or combination of the causes set forth
16 in subsection (b) below. Fines up to $2,500 may be imposed
17 in conjunction with other forms of disciplinary action for
18 those violations that result in monetary gain for the
19 licensee. Fines shall not be the exclusive disposition of any
20 disciplinary action arising out of conduct resulting in death
21 or injury to a patient. Fines shall not be assessed in
22 disciplinary actions involving mental or physical illness or
23 impairment. All fines collected under this Section shall be
24 deposited in the Nursing Dedicated and Professional Fund.
25 (b) Grounds for disciplinary action include the
26 following:
27 (1) Material deception in furnishing information to
28 the Department.
29 (2) Material violations of any provision of this
30 Act or violation of the rules of or final administrative
31 action of the Director, after consideration of the
32 recommendation of the Board.
33 (3) Conviction of any crime under the laws of any
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1 jurisdiction of the United States: (i) which is a felony;
2 or (ii) which is a misdemeanor, an essential element of
3 which is dishonesty, or (iii) of any crime which is
4 directly related to the practice of the profession.
5 (4) A pattern of practice or other behavior which
6 demonstrates incapacity or incompetency to practice under
7 this Act.
8 (5) Knowingly aiding or assisting another person in
9 violating any provision of this Act or rules.
10 (6) Failing, within 90 days, to provide a response
11 to a request for information in response to a written
12 request made by the Department by certified mail.
13 (7) Engaging in dishonorable, unethical or
14 unprofessional conduct of a character likely to deceive,
15 defraud or harm the public, as defined by rule.
16 (8) Unlawful sale or distribution of any drug,
17 narcotic, or prescription device, or unlawful conversion
18 of any drug, narcotic or prescription device.
19 (9) Habitual or excessive use or addiction to
20 alcohol, narcotics, stimulants, or any other chemical
21 agent or drug which results in a licensee's inability to
22 practice with reasonable judgment, skill or safety.
23 (10) Discipline by another U.S. jurisdiction or
24 foreign nation, if at least one of the grounds for the
25 discipline is the same or substantially equivalent to
26 those set forth in this Section.
27 (11) A finding that the licensee, after having her
28 or his license placed on probationary status, has
29 violated the terms of probation.
30 (12) Being named as a perpetrator in an indicated
31 report by the Department of Children and Family Services
32 and under the Abused and Neglected Child Reporting Act,
33 and upon proof by clear and convincing evidence that the
34 licensee has caused a child to be an abused child or
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1 neglected child as defined in the Abused and Neglected
2 Child Reporting Act.
3 (13) Willful omission to file or record, or
4 willfully impeding the filing or recording or inducing
5 another person to omit to file or record medical reports
6 as required by law or willfully failing to report an
7 instance of suspected child abuse or neglect as required
8 by the Abused and Neglected Child Reporting Act.
9 (14) Gross negligence in the practice of nursing.
10 (15) Holding oneself out to be practicing nursing
11 under any name other than one's own.
12 (16) Fraud, deceit or misrepresentation in applying
13 for or procuring a license under this Act or in
14 connection with applying for renewal of a license under
15 this Act.
16 (17) Allowing another person or organization to use
17 the licensees' license to deceive the public.
18 (18) Willfully making or filing false records or
19 reports in the licensee's practice, including but not
20 limited to false records to support claims against the
21 medical assistance program of the Department of Public
22 Aid under the Illinois Public Aid Code.
23 (19) Attempting to subvert or cheat on a nurse
24 licensing examination administered under this Act.
25 (20) Immoral conduct in the commission of an act,
26 such as sexual abuse, sexual misconduct, or sexual
27 exploitation, related to the licensee's practice.
28 (21) Willfully or negligently violating the
29 confidentiality between nurse and patient except as
30 required by law.
31 (22) Practicing under a false or assumed name,
32 except as provided by law.
33 (23) The use of any false, fraudulent, or deceptive
34 statement in any document connected with the licensee's
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1 practice.
2 (24) Directly or indirectly giving to or receiving
3 from a person, firm, corporation, partnership, or
4 association a fee, commission, rebate, or other form of
5 compensation for professional services not actually or
6 personally rendered.
7 (25) Failure of a licensee to report to the
8 Department any adverse final action taken against such
9 licensee by another licensing jurisdiction (any other
10 jurisdiction of the United States or any foreign state or
11 country), by any peer review body, by any health care
12 institution, by any professional or nursing society or
13 association, by any governmental agency, by any law
14 enforcement agency, or by any court or a nursing
15 liability claim related to acts or conduct similar to
16 acts or conduct that would constitute grounds for action
17 as defined in this Section.
18 (26) Failure of a licensee to report to the
19 Department surrender by the licensee of a license or
20 authorization to practice nursing in another state or
21 jurisdiction, or current surrender by the licensee of
22 membership on any nursing staff or in any nursing or
23 professional association or society while under
24 disciplinary investigation by any of those authorities or
25 bodies for acts or conduct similar to acts or conduct
26 that would constitute grounds for action as defined by
27 this Section.
28 (27) A violation of the Health Care Worker
29 Self-Referral Act.
30 (28) Physical illness, including but not limited to
31 deterioration through the aging process or loss of motor
32 skill, mental illness, or disability that results in the
33 inability to practice the profession with reasonable
34 judgment, skill, or safety.
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1 (c) The determination by a circuit court that a licensee
2 is subject to involuntary admission or judicial admission as
3 provided in the Mental Health and Developmental Disabilities
4 Code, as amended, operates as an automatic suspension. The
5 suspension will end only upon a finding by a court that the
6 patient is no longer subject to involuntary admission or
7 judicial admission and issues an order so finding and
8 discharging the patient; and upon the recommendation of the
9 Board to the Director that the licensee be allowed to resume
10 his or her practice.
11 (d) The Department may refuse to issue or may suspend
12 the license of any person who fails to file a return, or to
13 pay the tax, penalty or interest shown in a filed return, or
14 to pay any final assessment of the tax, penalty, or interest
15 as required by any tax Act administered by the Illinois
16 Department of Revenue, until such time as the requirements of
17 any such tax Act are satisfied.
18 (e) In enforcing this Section, the Department or Board
19 upon a showing of a possible violation may compel an
20 individual licensed to practice under this Act, or who has
21 applied for licensure under this Act, to submit to a mental
22 or physical examination, or both, as required by and at the
23 expense of the Department. The Department or Board may order
24 the examining physician to present testimony concerning the
25 mental or physical examination of the licensee or applicant.
26 No information shall be excluded by reason of any common law
27 or statutory privilege relating to communications between the
28 licensee or applicant and the examining physician. The
29 examining physicians shall be specifically designated by the
30 Board or Department. The individual to be examined may have,
31 at his or her own expense, another physician of his or her
32 choice present during all aspects of this examination.
33 Failure of an individual to submit to a mental or physical
34 examination, when directed, shall be grounds for suspension
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1 of his or her license until the individual submits to the
2 examination if the Department finds, after notice and
3 hearing, that the refusal to submit to the examination was
4 without reasonable cause.
5 If the Department or Board finds an individual unable to
6 practice because of the reasons set forth in this Section,
7 the Department or Board may require that individual to submit
8 to care, counseling, or treatment by physicians approved or
9 designated by the Department or Board, as a condition, term,
10 or restriction for continued, reinstated, or renewed
11 licensure to practice; or, in lieu of care, counseling, or
12 treatment, the Department may file, or the Board may
13 recommend to the Department to file, a complaint to
14 immediately suspend, revoke, or otherwise discipline the
15 license of the individual. An individual whose license was
16 granted, continued, reinstated, renewed, disciplined or
17 supervised subject to such terms, conditions, or
18 restrictions, and who fails to comply with such terms,
19 conditions, or restrictions, shall be referred to the
20 Director for a determination as to whether the individual
21 shall have his or her license suspended immediately, pending
22 a hearing by the Department.
23 In instances in which the Director immediately suspends a
24 person's license under this Section, a hearing on that
25 person's license must be convened by the Department within 15
26 days after the suspension and completed without appreciable
27 delay. The Department and Board shall have the authority to
28 review the subject individual's record of treatment and
29 counseling regarding the impairment to the extent permitted
30 by applicable federal statutes and regulations safeguarding
31 the confidentiality of medical records.
32 An individual licensed under this Act and affected under
33 this Section shall be afforded an opportunity to demonstrate
34 to the Department or Board that he or she can resume practice
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1 in compliance with acceptable and prevailing standards under
2 the provisions of his or her license.
3 (225 ILCS 65/10-50 new)
4 Sec. 10-50. Intoxication and drug abuse.
5 (a) A professional assistance program for nurses shall
6 be established by January 1, 1999.
7 (b) The Director shall appoint a task force to advise in
8 the creation of the assistance program. The task force shall
9 include members of the Department and professional nurses,
10 and shall report its findings and recommendations to the
11 Committee on Nursing.
12 (c) Any registered professional nurse who is an
13 administrator or officer in any hospital, nursing home, other
14 health care agency or facility, or nurse agency and has
15 knowledge of any action or condition which reasonably
16 indicates to her or him that a registered professional nurse
17 or licensed practical nurse employed by or practicing nursing
18 in such hospital, nursing home, other health care agency or
19 facility, or nurse agency is habitually intoxicated or
20 addicted to the use of habit-forming drugs to the extent that
21 such intoxication or addiction adversely affects such nurse's
22 professional performance, or unlawfully possesses, uses,
23 distributes or converts habit-forming drugs belonging to the
24 hospital, nursing home or other health care agency or
25 facility for such nurse's own use, shall promptly file a
26 written report thereof to the Department; provided however,
27 an administrator or officer need not file the report if the
28 nurse participates in a course of remedial professional
29 counseling or medical treatment for substance abuse, as long
30 as such nurse actively pursues such treatment under
31 monitoring by the administrator or officer or by the
32 hospital, nursing home, health care agency or facility, or
33 nurse agency and the nurse continues to be employed by such
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1 hospital, nursing home, health care agency or facility, or
2 nurse agency. The Department shall review all reports
3 received by it in a timely manner. Its initial review shall
4 be completed no later than 60 days after receipt of the
5 report. Within this 60 day period, the Department shall, in
6 writing, make a determination as to whether there are
7 sufficient facts to warrant further investigation or action.
8 Should the Department find insufficient facts to warrant
9 further investigation, or action, the report shall be
10 accepted for filing and the matter shall be deemed closed and
11 so reported.
12 Should the Department find sufficient facts to warrant
13 further investigation, such investigation shall be completed
14 within 60 days of the date of the determination of sufficient
15 facts to warrant further investigation or action. Final
16 action shall be determined no later than 30 days after the
17 completion of the investigation. If there is a finding which
18 verifies habitual intoxication or drug addiction which
19 adversely affects professional performance or the unlawful
20 possession, use, distribution or conversion of habit-forming
21 drugs by the reported nurse, the Department may refuse to
22 issue or renew or may suspend or revoke that nurse's license
23 as a registered professional nurse or a licensed practical
24 nurse.
25 Any of the aforementioned actions or a determination that
26 there are insufficient facts to warrant further investigation
27 or action shall be considered a final action. The nurse
28 administrator or officer who filed the original report or
29 complaint, and the nurse who is the subject of the report,
30 shall be notified in writing by the Department within 15 days
31 of any final action taken by the Department.
32 Each year on March 1, commencing with the effective date
33 of this Act, the Department shall submit a report to the
34 General Assembly. The report shall include the number of
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1 reports made under this Section to the Department during the
2 previous year, the number of reports reviewed and found
3 insufficient to warrant further investigation, the number of
4 reports not completed and the reasons for incompletion. This
5 report shall be made available also to nurses requesting the
6 report.
7 Any person making a report under this Section or in good
8 faith assisting another person in making such a report shall
9 have immunity from any liability, either criminal or civil,
10 that might result by reason of such action. For the purpose
11 of any legal proceeding, criminal or civil, there shall be a
12 rebuttable presumption that any person making a report under
13 this Section or assisting another person in making such
14 report was acting in good faith. All such reports and any
15 information disclosed to or collected by the Department
16 pursuant to this Section shall remain confidential records of
17 the Department and shall not be disclosed nor be subject to
18 any law or regulation of this State relating to freedom of
19 information or public disclosure of records.
20 (225 ILCS 65/Title 15 heading new)
21 TITLE 15. ADVANCED PRACTICE NURSES
22 (225 ILCS 65/15-5 new)
23 Sec. 15-5. Definitions. As used in this Title:
24 "APN Board" means the Advanced Practice Nursing Board.
25 "Advanced practice nurse" or "APN" means a person who:
26 (1) is licensed as a registered professional nurse under
27 this Act; (2) meets the requirements for licensure as an
28 advanced practice nurse under Section 15-10; (3) has a
29 written collaborative agreement with a collaborating
30 physician in the diagnosis of illness and management of
31 wellness and other conditions as appropriate to the level and
32 area of his or her practice in accordance with Section 15-15;
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1 and (4) cares for patients (A) by using advanced diagnostic
2 skills, the results of diagnostic tests and procedures
3 ordered by the advanced practice nurse, a physician
4 assistant, a dentist, a podiatrist, or a physician, and
5 professional judgment to initiate and coordinate the care of
6 patients; (B) by ordering diagnostic tests, prescribing
7 medications and drugs in accordance with Section 15-20, and
8 administering medications and drugs; and (C) by using
9 medical, therapeutic, and corrective measures to treat
10 illness and improve health status. Categories include
11 certified nurse midwife (CNM), certified nurse practitioner
12 (CNP), or certified clinical nurse specialist (CNS).
13 "Collaborating physician" means a physician who works
14 with an advanced practice nurse and provides medical
15 direction as documented in a written collaborative agreement
16 required under Section 15-15.
17 "Licensed hospital" means a hospital licensed under the
18 Hospital Licensing Act or organized under the University of
19 Illinois Hospital Act.
20 "Physician" means a person licensed to practice medicine
21 in all its branches under the Medical Practice Act of 1987.
22 (225 ILCS 65/15-10 new)
23 Sec. 15-10. Advanced practice nurse; qualifications;
24 roster.
25 (a) A person shall be qualified for licensure as an
26 advanced practice nurse if that person:
27 (1) has applied in writing in form and substance
28 satisfactory to the Department and has not violated a
29 provision of this Act or the rules adopted under this
30 Act. The Department may take into consideration any
31 felony conviction of the applicant but a conviction shall
32 not operate as an absolute bar to licensure;
33 (2) holds a current license to practice as a
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1 registered nurse in Illinois;
2 (3) has successfully completed requirements to
3 practice as, and holds a current, national certification
4 as, a nurse midwife, clinical nurse specialist, or nurse
5 practitioner from the appropriate national certifying
6 body as determined by rule of the Department;
7 (4) has paid the required fees as set by rule; and
8 (5) has successfully completed a post-basic
9 advanced practice formal education program in the area of
10 his or her nursing specialty.
11 (b) In addition to meeting the requirements of
12 subsection (a), except item (5) of that subsection, beginning
13 July 1, 2001 or 12 months after the adoption of final rules
14 to implement this Section, whichever is sooner, applicants
15 for initial licensure shall have a graduate degree
16 appropriate for national certification in a clinical advanced
17 practice nursing specialty.
18 (c) The Department shall provide by rule for APN
19 licensure of registered professional nurses who (1) apply for
20 licensure before July 1, 2001 and (2) submit evidence of
21 completion of a program described in item (5) of subsection
22 (a) or in subsection (b) and evidence of practice for at
23 least 10 years as a nurse practitioner.
24 (d) The Department shall maintain a separate roster of
25 advanced practice nurses licensed under this Title and their
26 licenses shall indicate "Registered Nurse/Advanced Practice
27 Nurse".
28 (225 ILCS 65/15-15 new)
29 Sec. 15-15. Written collaborative agreements.
30 (a) No person shall engage in the practice of advanced
31 practice nursing except when licensed under this Title and
32 pursuant to a written collaborative agreement with a
33 collaborating physician.
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1 (b) A written collaborative agreement shall describe the
2 working relationship of the advanced practice nurse with the
3 collaborating physician and shall authorize the categories of
4 care, treatment, or procedures to be performed by the
5 advanced practice nurse. Collaboration does not require an
6 employment relationship between the collaborating physician
7 and advanced practice nurse. Collaboration means the
8 relationship under which an advanced practice nurse works
9 with a collaborating physician in an active clinical practice
10 to deliver health care services in accordance with (i) the
11 advanced practice nurse's training, education, and experience
12 and (ii) medical direction as documented in a jointly
13 developed written collaborative agreement.
14 The agreement shall be defined to promote the exercise of
15 professional judgment by the advanced practice nurse
16 commensurate with his or her education and experience. The
17 services to be provided by the advanced practice nurse shall
18 be services that the collaborating physician generally
19 provides to his or her patients in the normal course of his
20 or her clinical medical practice. The agreement need not
21 describe the exact steps that an advanced practice nurse must
22 take with respect to each specific condition, disease, or
23 symptom but must specify which authorized procedures require
24 a physician's presence as the procedures are being performed.
25 The collaborative relationship under an agreement shall not
26 be construed to require the personal presence of a physician
27 at all times at the place where services are rendered.
28 Methods of communication shall be available for consultation
29 with the collaborating physician in person or by
30 telecommunications in accordance with established written
31 guidelines as set forth in the written agreement.
32 (c) Physician medical direction under an agreement shall
33 be adequate if a collaborating physician:
34 (1) participates in the joint formulation and joint
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1 approval of orders or guidelines with the APN and he or
2 she periodically reviews such orders and the services
3 provided patients under such orders in accordance with
4 accepted standards of medical practice and advanced
5 practice nursing practice;
6 (2) is on site at least once a month to provide
7 medical direction and consultation; and
8 (3) is available through telecommunications for
9 consultation on medical problems, complications, or
10 emergencies or patient referral.
11 (d) A copy of the signed, written collaborative
12 agreement must be available to the Department upon request
13 from both the advanced practice nurse and the collaborating
14 physician and shall be annually updated. An advanced
15 practice nurse shall inform each collaborating physician of
16 all collaborative agreements he or she has signed and provide
17 a copy of these to any collaborating physician, upon request.
18 (225 ILCS 65/15-20 new)
19 Sec. 15-20. Prescriptive authority.
20 (a) A collaborating physician may, but is not required
21 to, delegate limited prescriptive authority to an advanced
22 practice nurse as part of a written collaborative agreement.
23 This authority may, but is not required to, include
24 prescription of legend drugs and legend controlled substances
25 categorized as Schedule III, IV, or V controlled substances,
26 as defined in Article II of the Illinois Controlled
27 Substances Act.
28 (b) To prescribe Schedule III, IV, or V controlled
29 substances under this Section, an advanced practice nurse
30 shall affix the collaborating physician's DEA number to, and
31 individually sign, the appropriate prescription form
32 containing the printed names of the advanced practice nurse
33 and collaborating physician in accordance with the written
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1 collaborative agreement. Medication orders shall be reviewed
2 periodically by the collaborating physician.
3 (c) The collaborating physician shall file with the
4 Department notice of delegation of prescriptive authority and
5 termination of such delegation, in accordance with rules of
6 the Department.
7 (d) Nothing in this Act shall be construed to limit the
8 delegation of tasks or duties by a physician to a licensed
9 practical nurse, a registered professional nurse, or other
10 personnel.
11 (225 ILCS 65/15-30 new)
12 Sec. 15-30. Title.
13 (a) No person shall use any words, abbreviations,
14 figures, letters, title, sign, card, or device tending to
15 imply that he or she is an advanced practice nurse, including
16 but not limited to using the titles or initials "Advanced
17 Practice Nurse", "Certified Nurse Midwife", "Certified Nurse
18 Practitioner", "Clinical Nurse Specialist", "A.P.N.",
19 "C.N.M.", "C.N.P.", "C.N.S.", or similar titles or initials,
20 with the intention of indicating practice as an advanced
21 practice nurse without meeting the requirements of this Act.
22 No advanced practice nurse shall use the title of doctor or
23 associate with his or her name or any other term to indicate
24 to other persons that he or she is qualified to engage in the
25 general practice of medicine.
26 (b) An advanced practice nurse shall verbally identify
27 himself or herself as an advanced practice nurse including
28 specialty certification to each patient.
29 (c) Nothing in this Act shall be construed to relieve a
30 physician of professional or legal responsibility for the
31 care and treatment of persons attended by him or her or to
32 relieve an advanced practice nurse of the professional or
33 legal responsibility for the care and treatment of persons
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1 attended by him or her.
2 (225 ILCS 65/15-35 new)
3 Sec. 15-35. Advanced Practice Nursing Board.
4 (a) There is hereby established an Advanced Practice
5 Nursing Board, hereinafter referred to as the "APN Board".
6 The APN Board shall review and make recommendations to the
7 Department regarding matters relating to licensure and
8 discipline of advanced practice nurses. The APN Board shall
9 be composed of 9 members to be appointed by the Governor, 4
10 of whom shall be advanced practice nurses and 3 of whom shall
11 be collaborating physicians. In making appointments to the
12 APN Board, the Governor shall give due consideration to
13 recommendations by statewide professional associations or
14 societies representing nurses and physicians in Illinois.
15 Two members, not employed or having any material interest in
16 any health care field, shall represent the public. The
17 chairperson of the APN Board shall be a member elected by a
18 majority vote of the APN Board. The APN Board shall meet and
19 report to the Department quarterly and as advanced practice
20 nurse issues arise.
21 Initial appointments to the APN Board shall be made
22 within 90 days after the effective date of this amendatory
23 Act of 1998. The terms of office of each of the original
24 members shall be at staggered intervals. One physician and
25 one advanced practice nurse shall serve one-year terms. One
26 physician and one advanced practice nurse shall serve 2-year
27 terms. One physician and one advanced practice nurse shall
28 serve 3-year terms. One advanced practice nurse and the
29 public members shall serve 4-year terms. Upon the expiration
30 of the term of an initial member, his or her successor shall
31 be appointed for a term of 4 years. No member shall serve
32 more than 2 consecutive terms, excluding initial appointment
33 terms. An appointment to fill a vacancy shall be for the
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1 unexpired portion of the term. Members of the APN Board
2 shall be reimbursed for all authorized legitimate and
3 necessary expenses incurred in attending the meetings of the
4 APN Board. A majority of the APN Board members appointed
5 shall constitute a quorum. A vacancy in the membership of
6 the APN Board shall not impair the right of a quorum to
7 perform all of the duties of the APN Board. A member of the
8 APN Board shall have no liability in an action based upon a
9 disciplinary proceeding or other activity performed in good
10 faith as a member of the APN Board.
11 (b) Complaints received concerning advanced practice
12 nurses shall be reviewed by the APN Board. Complaints
13 received concerning collaborating physicians shall be
14 reviewed by the Medical Disciplinary Board.
15 (225 ILCS 65/15-40 new)
16 Sec. 15-40. Advertising.
17 (a) A person licensed under this Title may advertise the
18 availability of professional services in the public media or
19 on the premises where the professional services are rendered.
20 The advertising shall be limited to the following
21 information:
22 (1) publication of the person's name, title, office
23 hours, address, and telephone number;
24 (2) information pertaining to the person's areas of
25 specialization, including but not limited to appropriate
26 board certification or limitation of professional
27 practice;
28 (3) publication of the person's collaborating
29 physician's name, title, and areas of specialization;
30 (4) information on usual and customary fees for
31 routine professional services offered, which shall
32 include notification that fees may be adjusted due to
33 complications or unforeseen circumstances;
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1 (5) announcements of the opening of, change of,
2 absence from, or return to business;
3 (6) announcement of additions to or deletions from
4 professional licensed staff; and
5 (7) the issuance of business or appointment cards.
6 (b) It is unlawful for a person licensed under this
7 Title to use testimonials or claims of superior quality of
8 care to entice the public. It shall be unlawful to advertise
9 fee comparisons of available services with those of other
10 licensed persons.
11 (c) This Title does not authorize the advertising of
12 professional services that the offeror of the services is not
13 licensed or authorized to render. Nor shall the advertiser
14 use statements that contain false, fraudulent, deceptive, or
15 misleading material or guarantees of success, statements that
16 play upon the vanity or fears of the public, or statements
17 that promote or produce unfair competition.
18 (d) It is unlawful and punishable under the penalty
19 provisions of this Act for a person licensed under this Title
20 to knowingly advertise that the licensee will accept as
21 payment for services rendered by assignment from any third
22 party payor the amount the third party payor covers as
23 payment in full, if the effect is to give the impression of
24 eliminating the need of payment by the patient of any
25 required deductible or copayment applicable in the patient's
26 health benefit plan.
27 (e) As used in this Section, "advertise" means
28 solicitation by the licensee or through another person or
29 entity by means of handbills, posters, circulars, motion
30 pictures, radio, newspapers, or television or any other
31 manner.
32 (225 ILCS 65/15-45 new)
33 Sec. 15-45. Continuing education. The Department shall
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1 adopt rules of continuing education for persons licensed
2 under this Title that require 50 hours of continuing
3 education per 2-year license renewal cycle. The rules shall
4 not be inconsistent with requirements of relevant national
5 certifying bodies or State or national professional
6 associations. The rules shall also address variances for
7 illness or hardship. The continuing education rules shall
8 assure that licensees are given the opportunity to
9 participate in programs sponsored by or through their State
10 or national professional associations, hospitals, or other
11 providers of continuing education. Each licensee is
12 responsible for maintaining records of completion of
13 continuing education and shall be prepared to produce the
14 records when requested by the Department.
15 (225 ILCS 65/15-50 new)
16 Sec. 15-50. Grounds for disciplinary action.
17 (a) The Department may, upon the recommendation of the
18 APN Board, refuse to issue or to renew, or may revoke,
19 suspend, place on probation, censure or reprimand, or take
20 other disciplinary action as the Department may deem
21 appropriate with regard to a license issued under this Title,
22 including the issuance of fines not to exceed $5,000 for each
23 violation, for any one or combination of the grounds for
24 discipline set forth in Section 10-45 of this Act or for any
25 one or combination of the following causes:
26 (1) Gross negligence in the practice of advanced
27 practice nursing.
28 (2) Exceeding the terms of a collaborative
29 agreement or the prescriptive authority delegated to him
30 or her by his or her collaborating physician or alternate
31 collaborating physician in guidelines established under a
32 written collaborative agreement.
33 (3) Making a false or misleading statement
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1 regarding his or her skill or the efficacy or value of
2 the medicine, treatment, or remedy prescribed by him or
3 her in the course of treatment.
4 (4) Prescribing, selling, administering,
5 distributing, giving, or self-administering a drug
6 classified as a controlled substance (designated product)
7 or narcotic for other than medically accepted therapeutic
8 purposes.
9 (5) Promotion of the sale of drugs, devices,
10 appliances, or goods provided for a patient in a manner
11 to exploit the patient for financial gain.
12 (6) Violating State or federal laws or regulations
13 relating to controlled substances.
14 (7) Willfully or negligently violating the
15 confidentiality between advanced practice nurse,
16 collaborating physician, and patient, except as required
17 by law.
18 (8) Failure of a licensee to report to the
19 Department any adverse final action taken against such
20 licensee by another licensing jurisdiction (any other
21 jurisdiction of the United States or any foreign state or
22 country), any peer review body, any health care
23 institution, a professional or nursing or advanced
24 practice nursing society or association, a governmental
25 agency, a law enforcement agency, or a court or a
26 liability claim relating to acts or conduct similar to
27 acts or conduct that would constitute grounds for action
28 as defined in this Section.
29 (9) Failure of a licensee to report to the
30 Department surrender by the licensee of a license or
31 authorization to practice nursing or advanced practice
32 nursing in another state or jurisdiction, or current
33 surrender by the licensee of membership on any nursing
34 staff or organized health care professional staff or in
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1 any nursing, advanced practice nurse, or professional
2 association or society while under disciplinary
3 investigation by any of those authorities or bodies for
4 acts or conduct similar to acts or conduct that would
5 constitute grounds for action as defined in this Section.
6 (10) Failing, within 60 days, to provide
7 information in response to a written request made by the
8 Department.
9 (11) Failure to establish and maintain records of
10 patient care and treatment as required by law.
11 (12) Any violation of any Section of this Title or
12 Act.
13 When the Department has received written reports
14 concerning incidents required to be reported in items (8) and
15 (9), the licensee's failure to report the incident to the
16 Department under those items shall not be the sole grounds
17 for disciplinary action.
18 (b) The Department may refuse to issue or may suspend
19 the license of any person who fails to file a return, to pay
20 the tax, penalty, or interest shown in a filed return, or to
21 pay any final assessment of the tax, penalty, or interest as
22 required by a tax Act administered by the Department of
23 Revenue, until the requirements of the tax Act are satisfied.
24 (c) In enforcing this Section, the Department or APN
25 Board, upon a showing of a possible violation, may compel an
26 individual licensed to practice under this Title, or who has
27 applied for licensure under this Title, to submit to a mental
28 or physical examination or both, as required by and at the
29 expense of the Department. The Department or APN Board may
30 order the examining physician to