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90_SB1585sam003
LRB9011272NTsbam05
1 AMENDMENT TO SENATE BILL 1585
2 AMENDMENT NO. . Amend Senate Bill 1585, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT concerning medicine."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Clinical Laboratory and Blood
8 Bank Act is amended by changing Section 7-101 as follows:
9 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
10 Sec. 7-101. Examination of specimens. A clinical
11 laboratory shall examine specimens only at the request of (i)
12 a licensed physician, (ii) a licensed dentist, (iii) a
13 licensed podiatrist, (iv) a therapeutic optometrist for
14 diagnostic or therapeutic purposes related to the use of
15 diagnostic topical or therapeutic ocular pharmaceutical
16 agents, as defined in subsections (c) and (d) of Section 15.1
17 of the Illinois Optometric Practice Act of 1987, (v) a
18 licensed physician assistant in accordance with the written
19 guidelines required under subdivision (3) of Section 4 and
20 under Section 7.5 of the Physician Assistant Practice Act of
21 1987, (v-A) an advanced practice nurse in accordance with
22 the written collaborative agreement required under Section
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1 15-15 of the Nursing and Advanced Practice Nursing Act, or
2 (vi) an authorized law enforcement agency or, in the case of
3 blood alcohol, at the request of the individual for whom the
4 test is to be performed in compliance with Sections 11-501
5 and 11-501.1 of the Illinois Vehicle Code. If the request
6 to a laboratory is oral, the physician or other authorized
7 person shall submit a written request to the laboratory
8 within 48 hours. If the laboratory does not receive the
9 written request within that period, it shall note that fact
10 in its records.
11 (Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;
12 revised 10-23-97.)
13 Section 10. The Medical Practice Act of 1987 is amended
14 by changing Sections 20 and 22 and adding Section 54.5 as
15 follows:
16 (225 ILCS 60/20) (from Ch. 111, par. 4400-20)
17 Sec. 20. Continuing education. The Department shall
18 promulgate rules of continuing education for persons licensed
19 under this Act that require 150 50 hours of continuing
20 education per license renewal cycle each year. These rules
21 shall be consistent with requirements of relevant
22 professional associations, speciality societies, or boards.
23 The rules shall also address variances for illness or
24 hardship. In establishing these rules, the Department shall
25 consider educational requirements for medical staffs,
26 requirements for specialty society board certification or for
27 continuing education requirements as a condition of
28 membership in societies representing the 2 categories of
29 licensee under this Act. These rules shall assure that
30 licensees are given the opportunity to participate in those
31 programs sponsored by or through their professional
32 associations or hospitals which are relevant to their
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1 practice. Each licensee is responsible for maintaining
2 records of completion of continuing education and shall be
3 prepared to produce the records when requested by the
4 Department.
5 (Source: P.A. 89-702, eff. 7-1-97.)
6 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
7 Sec. 22. Disciplinary action.
8 (A) The Department may revoke, suspend, place on
9 probationary status, or take any other disciplinary action as
10 the Department may deem proper with regard to the license or
11 visiting professor permit of any person issued under this Act
12 to practice medicine, or to treat human ailments without the
13 use of drugs and without operative surgery upon any of the
14 following grounds:
15 (1) Performance of an elective abortion in any
16 place, locale, facility, or institution other than:
17 (a) a facility licensed pursuant to the
18 Ambulatory Surgical Treatment Center Act;
19 (b) an institution licensed under the Hospital
20 Licensing Act; or
21 (c) an ambulatory surgical treatment center or
22 hospitalization or care facility maintained by the
23 State or any agency thereof, where such department
24 or agency has authority under law to establish and
25 enforce standards for the ambulatory surgical
26 treatment centers, hospitalization, or care
27 facilities under its management and control; or
28 (d) ambulatory surgical treatment centers,
29 hospitalization or care facilities maintained by the
30 Federal Government; or
31 (e) ambulatory surgical treatment centers,
32 hospitalization or care facilities maintained by any
33 university or college established under the laws of
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1 this State and supported principally by public funds
2 raised by taxation.
3 (2) Performance of an abortion procedure in a
4 wilful and wanton manner on a woman who was not pregnant
5 at the time the abortion procedure was performed.
6 (3) The conviction of a felony in this or any other
7 jurisdiction, except as otherwise provided in subsection
8 B of this Section, whether or not related to practice
9 under this Act, or the entry of a guilty or nolo
10 contendere plea to a felony charge.
11 (4) Gross negligence in practice under this Act.
12 (5) Engaging in dishonorable, unethical or
13 unprofessional conduct of a character likely to deceive,
14 defraud or harm the public.
15 (6) Obtaining any fee by fraud, deceit, or
16 misrepresentation.
17 (7) Habitual or excessive use or abuse of drugs
18 defined in law as controlled substances, of alcohol, or
19 of any other substances which results in the inability to
20 practice with reasonable judgment, skill or safety.
21 (8) Practicing under a false or, except as provided
22 by law, an assumed name.
23 (9) Fraud or misrepresentation in applying for, or
24 procuring, a license under this Act or in connection with
25 applying for renewal of a license under this Act.
26 (10) Making a false or misleading statement
27 regarding their skill or the efficacy or value of the
28 medicine, treatment, or remedy prescribed by them at
29 their direction in the treatment of any disease or other
30 condition of the body or mind.
31 (11) Allowing another person or organization to use
32 their license, procured under this Act, to practice.
33 (12) Disciplinary action of another state or
34 jurisdiction against a license or other authorization to
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1 practice as a medical doctor, doctor of osteopathy,
2 doctor of osteopathic medicine or doctor of chiropractic,
3 a certified copy of the record of the action taken by the
4 other state or jurisdiction being prima facie evidence
5 thereof.
6 (13) Violation of any provision of this Act or of
7 the Medical Practice Act prior to the repeal of that Act,
8 or violation of the rules, or a final administrative
9 action of the Director, after consideration of the
10 recommendation of the Disciplinary Board.
11 (14) Dividing with anyone other than physicians
12 with whom the licensee practices in a partnership,
13 Professional Association, limited liability company, or
14 Medical or Professional Corporation any fee, commission,
15 rebate or other form of compensation for any professional
16 services not actually and personally rendered. Nothing
17 contained in this subsection prohibits persons holding
18 valid and current licenses under this Act from practicing
19 medicine in partnership under a partnership agreement,
20 including a limited liability partnership, in a limited
21 liability company under the Limited Liability Company
22 Act, in a corporation authorized by the Medical
23 Corporation Act, as an association authorized by the
24 Professional Association Act, or in a corporation under
25 the Professional Corporation Act or from pooling,
26 sharing, dividing or apportioning the fees and monies
27 received by them or by the partnership, corporation or
28 association in accordance with the partnership agreement
29 or the policies of the Board of Directors of the
30 corporation or association. Nothing contained in this
31 subsection prohibits 2 or more corporations authorized by
32 the Medical Corporation Act, from forming a partnership
33 or joint venture of such corporations, and providing
34 medical, surgical and scientific research and knowledge
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1 by employees of these corporations if such employees are
2 licensed under this Act, or from pooling, sharing,
3 dividing, or apportioning the fees and monies received by
4 the partnership or joint venture in accordance with the
5 partnership or joint venture agreement. Nothing
6 contained in this subsection shall abrogate the right of
7 2 or more persons, holding valid and current licenses
8 under this Act, to each receive adequate compensation for
9 concurrently rendering professional services to a patient
10 and divide a fee; provided, the patient has full
11 knowledge of the division, and, provided, that the
12 division is made in proportion to the services performed
13 and responsibility assumed by each.
14 (15) A finding by the Medical Disciplinary Board
15 that the registrant after having his or her license
16 placed on probationary status or subjected to conditions
17 or restrictions violated the terms of the probation or
18 failed to comply with such terms or conditions.
19 (16) Abandonment of a patient.
20 (17) Prescribing, selling, administering,
21 distributing, giving or self-administering any drug
22 classified as a controlled substance (designated product)
23 or narcotic for other than medically accepted therapeutic
24 purposes.
25 (18) Promotion of the sale of drugs, devices,
26 appliances or goods provided for a patient in such manner
27 as to exploit the patient for financial gain of the
28 physician.
29 (19) Offering, undertaking or agreeing to cure or
30 treat disease by a secret method, procedure, treatment or
31 medicine, or the treating, operating or prescribing for
32 any human condition by a method, means or procedure which
33 the licensee refuses to divulge upon demand of the
34 Department.
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1 (20) Immoral conduct in the commission of any act
2 including, but not limited to, commission of an act of
3 sexual misconduct related to the licensee's practice.
4 (21) Wilfully making or filing false records or
5 reports in his or her practice as a physician, including,
6 but not limited to, false records to support claims
7 against the medical assistance program of the Department
8 of Public Aid under the Illinois Public Aid Code.
9 (22) Wilful omission to file or record, or wilfully
10 impeding the filing or recording, or inducing another
11 person to omit to file or record, medical reports as
12 required by law, or wilfully failing to report an
13 instance of suspected abuse or neglect as required by
14 law.
15 (23) Being named as a perpetrator in an indicated
16 report by the Department of Children and Family Services
17 under the Abused and Neglected Child Reporting Act, and
18 upon proof by clear and convincing evidence that the
19 licensee has caused a child to be an abused child or
20 neglected child as defined in the Abused and Neglected
21 Child Reporting Act.
22 (24) Solicitation of professional patronage by any
23 corporation, agents or persons, or profiting from those
24 representing themselves to be agents of the licensee.
25 (25) Gross and wilful and continued overcharging
26 for professional services, including filing false
27 statements for collection of fees for which services are
28 not rendered, including, but not limited to, filing such
29 false statements for collection of monies for services
30 not rendered from the medical assistance program of the
31 Department of Public Aid under the Illinois Public Aid
32 Code.
33 (26) A pattern of practice or other behavior which
34 demonstrates incapacity or incompetence to practice under
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1 this Act.
2 (27) Mental illness or disability which results in
3 the inability to practice under this Act with reasonable
4 judgment, skill or safety.
5 (28) Physical illness, including, but not limited
6 to, deterioration through the aging process, or loss of
7 motor skill which results in a physician's inability to
8 practice under this Act with reasonable judgment, skill
9 or safety.
10 (29) Cheating on or attempt to subvert the
11 licensing examinations administered under this Act.
12 (30) Wilfully or negligently violating the
13 confidentiality between physician and patient except as
14 required by law.
15 (31) The use of any false, fraudulent, or deceptive
16 statement in any document connected with practice under
17 this Act.
18 (32) Aiding and abetting an individual not licensed
19 under this Act in the practice of a profession licensed
20 under this Act.
21 (33) Violating state or federal laws or regulations
22 relating to controlled substances.
23 (34) Failure to report to the Department any
24 adverse final action taken against them by another
25 licensing jurisdiction (any other state or any territory
26 of the United States or any foreign state or country), by
27 any peer review body, by any health care institution, by
28 any professional society or association related to
29 practice under this Act, by any governmental agency, by
30 any law enforcement agency, or by any court for acts or
31 conduct similar to acts or conduct which would constitute
32 grounds for action as defined in this Section.
33 (35) Failure to report to the Department surrender
34 of a license or authorization to practice as a medical
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1 doctor, a doctor of osteopathy, a doctor of osteopathic
2 medicine, or doctor of chiropractic in another state or
3 jurisdiction, or surrender of membership on any medical
4 staff or in any medical or professional association or
5 society, while under disciplinary investigation by any of
6 those authorities or bodies, for acts or conduct similar
7 to acts or conduct which would constitute grounds for
8 action as defined in this Section.
9 (36) Failure to report to the Department any
10 adverse judgment, settlement, or award arising from a
11 liability claim related to acts or conduct similar to
12 acts or conduct which would constitute grounds for action
13 as defined in this Section.
14 (37) Failure to transfer copies of medical records
15 as required by law.
16 (38) Failure to furnish the Department, its
17 investigators or representatives, relevant information,
18 legally requested by the Department after consultation
19 with the Chief Medical Coordinator or the Deputy Medical
20 Coordinator.
21 (39) Violating the Health Care Worker Self-Referral
22 Act.
23 (40) Willful failure to provide notice when notice
24 is required under the Parental Notice of Abortion Act of
25 1995.
26 (41) Failure to establish and maintain records of
27 patient care and treatment as required by this law.
28 (42) Entering into an excessive number of written
29 collaborative agreements with licensed advanced practice
30 nurses resulting in an inability to adequately
31 collaborate and provide medical direction.
32 (43) Repeated failure to adequately collaborate
33 with or provide medical direction to a licensed advanced
34 practice nurse.
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1 All proceedings to suspend, revoke, place on probationary
2 status, or take any other disciplinary action as the
3 Department may deem proper, with regard to a license on any
4 of the foregoing grounds, must be commenced within 3 years
5 next after receipt by the Department of a complaint alleging
6 the commission of or notice of the conviction order for any
7 of the acts described herein. Except for the grounds
8 numbered (8), (9) and (29), no action shall be commenced more
9 than 5 years after the date of the incident or act alleged to
10 have violated this Section. In the event of the settlement
11 of any claim or cause of action in favor of the claimant or
12 the reduction to final judgment of any civil action in favor
13 of the plaintiff, such claim, cause of action or civil action
14 being grounded on the allegation that a person licensed under
15 this Act was negligent in providing care, the Department
16 shall have an additional period of one year from the date of
17 notification to the Department under Section 23 of this Act
18 of such settlement or final judgment in which to investigate
19 and commence formal disciplinary proceedings under Section 36
20 of this Act, except as otherwise provided by law. The time
21 during which the holder of the license was outside the State
22 of Illinois shall not be included within any period of time
23 limiting the commencement of disciplinary action by the
24 Department.
25 The entry of an order or judgment by any circuit court
26 establishing that any person holding a license under this Act
27 is a person in need of mental treatment operates as a
28 suspension of that license. That person may resume their
29 practice only upon the entry of a Departmental order based
30 upon a finding by the Medical Disciplinary Board that they
31 have been determined to be recovered from mental illness by
32 the court and upon the Disciplinary Board's recommendation
33 that they be permitted to resume their practice.
34 The Department may refuse to issue or take disciplinary
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1 action concerning the license of any person who fails to file
2 a return, or to pay the tax, penalty or interest shown in a
3 filed return, or to pay any final assessment of tax, penalty
4 or interest, as required by any tax Act administered by the
5 Illinois Department of Revenue, until such time as the
6 requirements of any such tax Act are satisfied as determined
7 by the Illinois Department of Revenue.
8 The Department, upon the recommendation of the
9 Disciplinary Board, shall adopt rules which set forth
10 standards to be used in determining:
11 (a) when a person will be deemed sufficiently
12 rehabilitated to warrant the public trust;
13 (b) what constitutes dishonorable, unethical or
14 unprofessional conduct of a character likely to deceive,
15 defraud, or harm the public;
16 (c) what constitutes immoral conduct in the
17 commission of any act, including, but not limited to,
18 commission of an act of sexual misconduct related to the
19 licensee's practice; and
20 (d) what constitutes gross negligence in the
21 practice of medicine.
22 However, no such rule shall be admissible into evidence
23 in any civil action except for review of a licensing or other
24 disciplinary action under this Act.
25 In enforcing this Section, the Medical Disciplinary
26 Board, upon a showing of a possible violation, may compel any
27 individual licensed to practice under this Act, or who has
28 applied for licensure or a permit pursuant to this Act, to
29 submit to a mental or physical examination, or both, as
30 required by and at the expense of the Department. The
31 examining physician or physicians shall be those specifically
32 designated by the Disciplinary Board. The Medical
33 Disciplinary Board or the Department may order the examining
34 physician to present testimony concerning this mental or
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1 physical examination of the licensee or applicant. No
2 information shall be excluded by reason of any common law or
3 statutory privilege relating to communication between the
4 licensee or applicant and the examining physician. The
5 individual to be examined may have, at his or her own
6 expense, another physician of his or her choice present
7 during all aspects of the examination. Failure of any
8 individual to submit to mental or physical examination, when
9 directed, shall be grounds for suspension of his or her
10 license until such time as the individual submits to the
11 examination if the Disciplinary Board finds, after notice and
12 hearing, that the refusal to submit to the examination was
13 without reasonable cause. If the Disciplinary Board finds a
14 physician unable to practice because of the reasons set forth
15 in this Section, the Disciplinary Board shall require such
16 physician to submit to care, counseling, or treatment by
17 physicians approved or designated by the Disciplinary Board,
18 as a condition for continued, reinstated, or renewed
19 licensure to practice. Any physician, whose license was
20 granted pursuant to Sections 9, 17, or 19 of this Act, or,
21 continued, reinstated, renewed, disciplined or supervised,
22 subject to such terms, conditions or restrictions who shall
23 fail to comply with such terms, conditions or restrictions,
24 or to complete a required program of care, counseling, or
25 treatment, as determined by the Chief Medical Coordinator or
26 Deputy Medical Coordinators, shall be referred to the
27 Director for a determination as to whether the licensee shall
28 have their license suspended immediately, pending a hearing
29 by the Disciplinary Board. In instances in which the
30 Director immediately suspends a license under this Section, a
31 hearing upon such person's license must be convened by the
32 Disciplinary Board within 15 days after such suspension and
33 completed without appreciable delay. The Disciplinary Board
34 shall have the authority to review the subject physician's
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1 record of treatment and counseling regarding the impairment,
2 to the extent permitted by applicable federal statutes and
3 regulations safeguarding the confidentiality of medical
4 records.
5 An individual licensed under this Act, affected under
6 this Section, shall be afforded an opportunity to demonstrate
7 to the Disciplinary Board that they can resume practice in
8 compliance with acceptable and prevailing standards under the
9 provisions of their license.
10 The Department may promulgate rules for the imposition of
11 fines in disciplinary cases, not to exceed $5,000 for each
12 violation of this Act. Fines may be imposed in conjunction
13 with other forms of disciplinary action, but shall not be the
14 exclusive disposition of any disciplinary action arising out
15 of conduct resulting in death or injury to a patient. Any
16 funds collected from such fines shall be deposited in the
17 Medical Disciplinary Fund.
18 (B) The Department shall revoke the license or visiting
19 permit of any person issued under this Act to practice
20 medicine or to treat human ailments without the use of drugs
21 and without operative surgery, who has been convicted a
22 second time of committing any felony under the Illinois
23 Controlled Substances Act, or who has been convicted a second
24 time of committing a Class 1 felony under Sections 8A-3 and
25 8A-6 of the Illinois Public Aid Code. A person whose license
26 or visiting permit is revoked under this subsection B of
27 Section 22 of this Act shall be prohibited from practicing
28 medicine or treating human ailments without the use of drugs
29 and without operative surgery.
30 (C) The Medical Disciplinary Board shall recommend to
31 the Department civil penalties and any other appropriate
32 discipline in disciplinary cases when the Board finds that a
33 physician willfully performed an abortion with actual
34 knowledge that the person upon whom the abortion has been
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1 performed is a minor or an incompetent person without notice
2 as required under the Parental Notice of Abortion Act of
3 1995. Upon the Board's recommendation, the Department shall
4 impose, for the first violation, a civil penalty of $1,000
5 and for a second or subsequent violation, a civil penalty of
6 $5,000.
7 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
8 89-626, eff. 8-9-96; 89-702, eff. 7-1-97.)
9 (225 ILCS 60/54.5 new)
10 Sec. 54.5. Physician delegation of authority.
11 (a) Physicians licensed to practice medicine in all its
12 branches may delegate care and treatment responsibilities to
13 a physician assistant under guidelines in accordance with the
14 requirements of the Physician Assistant Practice Act of
15 1987. A physician licensed to practice medicine in all its
16 branches may enter into supervising physician agreements with
17 no more than 2 physician assistants.
18 (b) A physician licensed to practice medicine in all its
19 branches in active clinical practice may collaborate with an
20 advanced practice nurse in accordance with the requirements
21 of Title 15 of the Nursing and Advanced Practice Nursing Act.
22 Collaboration is for the purpose of providing medical
23 direction in a team relationship, and no employment
24 relationship is required. A written collaborative agreement
25 shall conform to the requirements of Sections 15-15 and 15-20
26 of the Nursing and Advanced Practice Nursing Act. The
27 agreement shall be for services the collaborating physician
28 generally provides to his or her patients in the normal
29 course of clinical medical practice. Physician medical
30 direction shall be adequate with respect to collaboration
31 with certified nurse practitioners, certified nurse midwives,
32 and clinical nurse specialists if a collaborating physician:
33 (1) participates in the joint formulation and joint
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1 approval of orders or guidelines with the advanced
2 practice nurse and periodically reviews such orders and
3 the services provided patients under such orders in
4 accordance with accepted standards of medical practice
5 and advanced 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 (c) The supervising physician shall have access to the
12 medical records of all patients attended by a physician
13 assistant. The collaborating physician shall have access to
14 the medical records of all patients attended to by an
15 advanced practice nurse.
16 (d) Nothing in this Act shall be construed to limit the
17 delegation of tasks or duties by a physician licensed to
18 practice medicine in all its branches to a licensed practical
19 nurse, a registered professional nurse, or other personnel.
20 (e) A physician shall not be liable for the acts or
21 omissions of a physician assistant or advanced practice nurse
22 solely on the basis of having signed a supervision agreement
23 or guidelines or a collaborative agreement, an order, a
24 standing medical order, a standing delegation order, or other
25 order or guideline authorizing a physician assistant or
26 advanced practice nurse to perform acts, unless the physician
27 has reason to believe the physician assistant or advanced
28 practice nurse lacked the competency to perform the act or
29 acts.
30 Section 15. The Illinois Nursing Act of 1987 is amended
31 by renumbering and changing Sections 1, 2, 3, 4, 4.1, 4.2,
32 4.5, 5, 5.1, 6, 7, 12, 14, 16, 17, 18, 21, 22, 23, 24, 26,
33 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42,
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1 43, 44, 45, 46, 47, 48, and 49 and adding Sections 10-10,
2 10-15, 10-40, 10-45, 10-50, 15-5, 15-10, 15-15, 15-20, 15-30,
3 15-35, 15-40, 15-45, 15-50, 15-55, and 20-2 and new Title
4 headings as follows:
5 (225 ILCS 65/Title 5 heading new)
6 TITLE 5. GENERAL PROVISIONS
7 (225 ILCS 65/5-1, formerly 65/1)
8 Sec. 5-1. 1. This Article may be cited as the Illinois
9 Nursing and Advanced Practice Nursing Act, and throughout
10 this Article, references to this Act shall mean this Article
11 of 1987.
12 (Source: P.A. 85-981; 86-1475.)
13 (225 ILCS 65/5-5, formerly 65/2)
14 Sec. 5-5. 2. Legislative purpose. The practice of
15 professional and practical nursing in the State of Illinois
16 is hereby declared to affect the public health, safety, and
17 welfare and to be subject to regulation and control in the
18 public interest. It is further declared to be a matter of
19 public interest and concern that the practice of nursing, as
20 defined in this Act, merit and receive the confidence of the
21 public and that only qualified persons be authorized to so
22 practice in the State of Illinois. This Act shall be
23 liberally construed to best carry out these subjects and
24 purposes.
25 (Source: P.A. 85-981.)
26 (225 ILCS 65/5-10, formerly 65/3)
27 Sec. 5-10. 3. Definitions. Each of the following terms,
28 when used in this Act, shall have the meaning ascribed to it
29 in this Section, except where the context clearly indicates
30 otherwise:
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1 (a) "Department" means the Department of Professional
2 Regulation.
3 (b) "Director" means the Director of Professional
4 Regulation.
5 (c) "Board" means the Board of Nursing appointed by the
6 Director.
7 (d) "Academic year" means the customary annual schedule
8 of courses at a college, university, or approved school,
9 customarily regarded as the school year as distinguished from
10 the calendar year.
11 (e) "Approved program of professional nursing education"
12 and "approved program of practical nursing education" are
13 programs of professional or practical nursing, respectively,
14 approved by the Department under the provisions of this Act.
15 (f) "Nursing Act Coordinator" means a registered
16 professional nurse appointed by the Director to carry out the
17 administrative policies of the Department.
18 (g) "Assistant Nursing Act Coordinator" means a
19 registered professional nurse appointed by the Director to
20 assist in carrying out the administrative policies of the
21 Department.
22 (h) "Registered" is the equivalent of "licensed".
23 (i) "Practical nurse" or "licensed practical nurse"
24 means a person who is licensed as a practical nurse under
25 this Act and practices practical nursing as defined in
26 paragraph (j) of this Section. Only a practical nurse
27 licensed under this Act is entitled to use the title
28 "licensed practical nurse" and the abbreviation "L.P.N.".
29 (j) "Practical nursing" means the performance of nursing
30 acts requiring the basic nursing knowledge, judgement, and
31 skill acquired by means of completion of an approved
32 practical nursing education program. Practical nursing
33 includes assisting in the nursing process as delegated by and
34 under the direction of a registered professional nurse. The
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1 practical nurse may work under the direction of a licensed
2 physician, dentist, podiatrist, or other health care
3 professional determined by the Department.
4 (k) "Registered Nurse" or "Registered Professional
5 Nurse" means a person who is licensed as a professional nurse
6 under this Act and practices nursing as defined in paragraph
7 (l) of this Section. Only a registered nurse licensed under
8 this Act is entitled to use the titles "registered nurse" and
9 "registered professional nurse" and the abbreviation, "R.N.".
10 (l) "Registered professional nursing practice" includes
11 all nursing specialities and means the performance of any
12 nursing act based upon professional knowledge, judgment, and
13 skills acquired by means of completion of an approved
14 registered professional nursing education program. A
15 registered professional nurse provides nursing care
16 emphasizing the importance of the whole and the
17 interdependence of its parts through the nursing process to
18 individuals, groups, families, or communities, that includes
19 but is not limited to: (1) the assessment of healthcare
20 needs, nursing diagnosis, planning, implementation, and
21 nursing evaluation; (2) the promotion, maintenance, and
22 restoration of health; (3) counseling, patient education,
23 health education, and patient advocacy; (4) the
24 administration of medications and treatments as prescribed by
25 a physician licensed to practice medicine in all of its
26 branches, a licensed dentist, a licensed podiatrist, or a
27 licensed optometrist or as prescribed by a physician
28 assistant in accordance with written guidelines required
29 under the Physician Assistant Practice Act of 1987 or by an
30 advanced practice nurse in accordance with a written
31 collaborative agreement required under the Nursing and
32 Advanced Practice Nursing Act; (5) the coordination and
33 management of the nursing plan of care; (6) the delegation to
34 and supervision of individuals who assist the registered
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1 professional nurse implementing the plan of care; and (7)
2 teaching and supervision of nursing students. in The
3 foregoing shall not be deemed to include those acts of
4 medical diagnosis or prescription of therapeutic or
5 corrective measures that are properly performed only by
6 physicians licensed in the State of Illinois.
7 (m) "Current nursing practice update course" means a
8 planned nursing education curriculum approved by the
9 Department consisting of activities that have educational
10 objectives, instructional methods, content or subject matter,
11 clinical practice, and evaluation methods, related to basic
12 review and updating content and specifically planned for
13 those nurses previously licensed in the United States or its
14 territories and preparing for reentry into nursing practice.
15 (n) "Professional assistance program for nurses" means a
16 professional assistance program that meets criteria
17 established by the Board of Committee on Nursing and approved
18 by the Director, which provides a non-disciplinary treatment
19 approach for nurses licensed under this Act whose ability to
20 practice is compromised by alcohol or chemical substance
21 addiction.
22 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
23 revised 8-12-97.)
24 (225 ILCS 65/5-15, formerly 65/4)
25 Sec. 5-15. 4. Policy; application of Act. For the
26 protection of life and the promotion of health, and the
27 prevention of illness and communicable diseases, any person
28 practicing or offering to practice professional and practical
29 nursing in Illinois shall submit evidence that he or she is
30 qualified to practice, and shall be licensed as provided
31 under this Act. No person shall practice or offer to
32 practice professional or practical nursing in Illinois or use
33 any title, sign, card or device to indicate that such a
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1 person is practicing professional or practical nursing unless
2 such person has been licensed under the provisions of this
3 Act.
4 This Act does not prohibit the following:
5 (a) The practice of nursing in Federal employment in the
6 discharge of the employee's duties by a person who is
7 employed by the United States government or any bureau,
8 division or agency thereof and is a legally qualified and
9 licensed nurse of another state or territory and not in
10 conflict with Sections 10-5, 10-30, and 10-45 6, 12, and 25
11 of this Act.;
12 (b) Nursing that is included in their program of study
13 by students enrolled in programs of nursing or in current
14 nurse practice update courses approved by the Department.;
15 (c) The furnishing of nursing assistance in an
16 emergency.;
17 (d) The practice of nursing by a nurse who holds an
18 active license in another state when providing services to
19 patients in Illinois during a bonafide emergency or in
20 immediate preparation for or during interstate transit.;
21 (e) The incidental care of the sick by members of the
22 family, domestic servants or housekeepers, or care of the
23 sick where treatment is by prayer or spiritual means.;
24 (f) Persons from being employed as nursing aides,
25 attendants, orderlies, and other auxiliary workers in private
26 homes, long term care facilities, nurseries, hospitals or
27 other institutions.;
28 (g) The practice of practical nursing by one who has
29 applied in writing to the Department in form and substance
30 satisfactory to the Department, for a license as a licensed
31 practical nurse and who has complied with all the provisions
32 under Section 10-30 12, except the passing of an examination
33 to be eligible to receive such license, until: the decision
34 of the Department that the applicant has failed to pass the
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1 next available examination authorized by the Department, or
2 has failed, without an approved excuse, to take the next
3 available examination authorized by the Department, or until
4 the withdrawal of the application, but not to exceed 3
5 months. No applicant for licensure practicing under the
6 provisions of this paragraph shall practice practical nursing
7 except under the direct supervision of a registered
8 professional nurse licensed under this Act or a licensed
9 physician, dentist or podiatrist. In no instance shall any
10 such applicant practice or be employed in any supervisory
11 capacity.;
12 (h) The practice of practical nursing by one who is a
13 licensed practical nurse under the laws of another U.S.
14 jurisdiction and has applied in writing to the Department, in
15 form and substance satisfactory to the Department, for a
16 license as a licensed practical nurse and who is qualified to
17 receive such license under Section 10-30 12, until: (1) the
18 expiration of 6 months after the filing of such written
19 application, or (2) the withdrawal of such application, or
20 (3) the denial of such application by the Department.;
21 (i) The practice of professional nursing by one who has
22 applied in writing to the Department in form and substance
23 satisfactory to the Department for a license as a registered
24 professional nurse and has complied with all the provisions
25 under Section 10-30 12 except the passing of an examination
26 to be eligible to receive such license, until: the decision
27 of the Department that the applicant has failed to pass the
28 next available examination authorized by the Department, or
29 has failed, without an approved excuse, to take the next
30 available examination authorized by the Department or until
31 the withdrawal of the application, but not to exceed 3
32 months. No applicant for licensure practicing under the
33 provisions of this paragraph shall practice professional
34 nursing except under the direct supervision of a registered
-22- LRB9011272NTsbam05
1 professional nurse licensed under this Act. In no instance
2 shall any such applicant practice or be employed in any
3 supervisory capacity.;
4 (j) The practice of professional nursing by one who is a
5 registered professional nurse under the laws of another
6 state, territory of the United States or country and has
7 applied in writing to the Department, in form and substance
8 satisfactory to the Department, for a license as a registered
9 professional nurse and who is qualified to receive such
10 license under Section 10-30 12, until: (1) the expiration
11 of 6 months after the filing of such written application, or
12 (2) the withdrawal of such application, or (3) the denial of
13 such application by the Department.;
14 (k) The practice of professional nursing that is
15 included in a program of study by one who is a registered
16 professional nurse under the laws of another state or
17 territory of the United States or foreign country, territory
18 or province and who is enrolled in a graduate nursing
19 education program or a program for the completion of a
20 baccalaureate nursing degree in this State, which program
21 includes clinical supervision by faculty as determined by the
22 educational institution offering the program and the health
23 care organization where the practice of nursing occurs. The
24 educational institution will file with the Department each
25 academic term a list of the names and origin of license of
26 all professional nurses practicing nursing as part of their
27 programs under this provision.; or
28 (l) Any person licensed in this State under any other
29 Act from engaging in the practice for which she or he is
30 licensed.
31 An applicant for license practicing under the exceptions
32 set forth in subparagraphs (g), (h), (i), and (j) of this
33 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
34 Pend. respectively and no other.
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1 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
2 revised 8-12-97.)
3 (225 ILCS 65/5-17, formerly 65/4.1)
4 Sec. 5-17. 4.1. Task Force. The Governor shall appoint
5 a task force to be convened by the Illinois Department of
6 Professional Regulation to study the roles, responsibilities,
7 training, competency, and supervision of persons who are
8 employed to assist a nurse, including nursing aides,
9 attendants, orderlies, and other auxiliary workers in private
10 homes, long term care facilities, nurseries, hospitals, and
11 other institutions. The purpose of the task force shall be
12 to determine if there is a need for regulation of such
13 persons by the Department.
14 The task force shall be comprised of 11 members. The
15 task force shall include one representative from the
16 Department of Professional Regulation, one representative
17 from the Department of Public Health, and 9 persons
18 representing various nursing and health care provider
19 organizations in Illinois, including, but not limited to, a
20 representative from the Illinois Nurses Association, Illinois
21 Organization of Nurse Leaders, Illinois Hospital and Health
22 Systems Association, Illinois Health Care Association,
23 Illinois Coalition of Nursing Organizations, Life Services
24 Network, Licensed Practical Nursing Association of Illinois,
25 Certified Nurse Aide Educators, and Illinois Homecare
26 Council.
27 The task force shall report its findings and
28 recommendations to the Governor by January 1, 1999.
29 (Source: P.A. 90-248, eff. 1-1-98.)
30 (225 ILCS 65/5-22, formerly 65/4.2)
31 Sec. 5-22. 4.2. Social Security Number on license
32 application. In addition to any other information required
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1 to be contained in the application, every application for an
2 original, renewal, or restored license under this Act shall
3 include the applicant's Social Security Number.
4 (Source: P.A. 90-144, eff. 7-23-97.)
5 (225 ILCS 65/5-20, formerly 65/4.5)
6 Sec. 5-20. 4.5. Unlicensed practice; violation; civil
7 penalty.
8 (a) Any person who practices, offers to practice,
9 attempts to practice, or holds oneself out to practice
10 nursing without being licensed under this Act shall, in
11 addition to any other penalty provided by law, pay a civil
12 penalty to the Department in an amount not to exceed $5,000
13 for each offense as determined by the Department. The civil
14 penalty shall be assessed by the Department after a hearing
15 is held in accordance with the provisions set forth in this
16 Act regarding the provision of a hearing for the discipline
17 of a licensee.
18 (b) The Department has the authority and power to
19 investigate any and all unlicensed activity.
20 (c) The civil penalty shall be paid within 60 days after
21 the effective date of the order imposing the civil penalty.
22 The order shall constitute a judgment and may be filed and
23 execution had thereon in the same manner as any judgment from
24 any court of record.
25 (Source: P.A. 89-474, eff. 6-18-96.)
26 (225 ILCS 65/5-25, formerly 65/5)
27 Sec. 5-25. 5. Emergency care; civil liability.
28 Exemption from civil liability for emergency care is as
29 provided in the Good Samaritan Act.
30 (Source: P.A. 89-607, eff. 1-1-97.)
31 (225 ILCS 65/5-30, formerly 65/5.1)
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1 Sec. 5-30. 5.1. Services rendered without compensation;
2 civil liability. Exemption from civil liability for services
3 rendered without compensation is as provided in the Good
4 Samaritan Act.
5 (Source: P.A. 89-607, eff. 1-1-97.)
6 (225 ILCS 65/Title 10 heading new)
7 TITLE 10. REGISTERED NURSES
8 AND LICENSED PRACTICAL NURSES
9 (225 ILCS 65/10-5, formerly 65/6)
10 Sec. 10-5. Prohibited acts. 6. No person shall:
11 (a) Practice professional nursing without a valid
12 license as a registered professional nurse except as provided
13 in paragraphs (i) and (j) of Section 5-15 4 of this Act;
14 (b) Practice practical nursing without a valid license
15 as a licensed practical nurse; or practice practical nursing
16 other than under the direction of a licensed physician,
17 licensed dentist, or registered professional nurse; except as
18 provided in paragraphs (g), (h), and (j) of Section 5-15 4 of
19 this Act;
20 (c) Practice nursing under cover of any diploma,
21 license, or record illegally or fraudulently obtained or
22 signed or issued unlawfully or under fraudulent
23 representation;
24 (d) Practice nursing during the time her or his license
25 is suspended, revoked, expired or on inactive status;
26 (e) Use any words, abbreviations, figures, letters,
27 title, sign, card, or device tending to imply that she or he
28 is a registered professional nurse, including the titles or
29 initials, "Registered Nurse," "Professional Nurse,"
30 "Registered Professional Nurse," "Certified Nurse," "Trained
31 Nurse," "Graduate Nurse," "P.N.," or "R.N.," or "R.P.N." or
32 similar titles or initials with intention of indicating
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1 practice without a valid license as a registered professional
2 nurse;
3 (f) Use any words, abbreviations figures, letters,
4 title, sign, card, or device tending to imply that she or he
5 is a licensed practical nurse including the titles or
6 initials "Practical Nurse," "Licensed Practical Nurse,"
7 "P.N.," or "L.P.N.," or similar titles or initials with
8 intention of indicated practice as a licensed practical nurse
9 without a valid license as a licensed practical nurse under
10 this Act;
11 (g) Obtain or furnish a license by or for money or any
12 other thing of value other than the fees required by Section
13 20-35 23, or by any fraudulent representation or act;
14 (h) Make any wilfully false oath or affirmation required
15 by this Act;
16 (i) Conduct a nursing education program preparing
17 persons for licensure that has not been approved by the
18 Department;
19 (j) Represent that any school or course is approved or
20 accredited as a school or course for the education of
21 registered professional nurses or licensed practical nurses
22 unless such school or course is approved by the Department
23 under the provisions of this Act;
24 (k) Attempt or offer to do any of the acts enumerated in
25 this Section, or knowingly aid, abet, assist in the doing of
26 any such acts or in the attempt or offer to do any of such
27 acts;
28 (l) Seek employment as a registered professional nurse
29 under the terms of paragraphs (i) and (j) of Section 5-15 4
30 of this Act without possessing a written authorization which
31 has been issued by the Department or designated testing
32 service and which evidences the filing of the written
33 application referred to in paragraphs paragraph (i) and (j)
34 of Section 5-15 4 of this Act;
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1 (m) Seek employment as a licensed practical nurse under
2 the terms of paragraphs (g) and (h) of Section 5-15 4 of this
3 Act without possessing a written authorization which has been
4 issued by the Department or designated testing service and
5 which evidences the filing of the written application
6 referred to in paragraphs paragraph (g) and (h) of Section
7 5-15 4 of this Act;
8 (n) Employ or utilize persons not licensed under this
9 Act to practice professional nursing or practical nursing;
10 and
11 (o) Otherwise intentionally violate any provision of
12 this Act.
13 Any person, including a firm, association or corporation
14 who violates any provision of this Section shall be guilty of
15 a Class A misdemeanor.
16 (Source: P.A. 85-981.)
17 (225 ILCS 65/10-10 new)
18 Sec. 10-10. Department powers and duties.
19 (a) The Department shall exercise the powers and duties
20 prescribed by the Civil Administrative Code of Illinois for
21 administration of licensing acts and shall exercise other
22 powers and duties necessary for effectuating the purpose of
23 this Act. None of the functions, powers, or duties of the
24 Department with respect to licensure and examination shall be
25 exercised by the Department except upon review by the Board.
26 The Department shall adopt rules to implement, interpret, or
27 make specific the provisions and purposes of this Act;
28 however no such rules shall be adopted by the Department
29 except upon review by the Board.
30 (b) The Department shall:
31 (1) prepare and maintain a list of approved
32 programs of professional nursing education and programs
33 of practical nursing education in this State, whose
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1 graduates, if they have the other necessary
2 qualifications provided in this Act, shall be eligible to
3 apply for a license to practice nursing in this State;
4 (2) promulgate rules defining what constitutes an
5 approved program of professional nursing education and
6 what constitutes an approved program of practical nursing
7 education; and
8 (3) adopt rules for examination of candidates for
9 licenses and for issuance of licenses authorizing
10 candidates upon passing an examination to practice under
11 this Act.
12 (225 ILCS 65/10-15 new)
13 Sec. 10-15. Nursing Act Coordinator. The Department
14 shall obtain, pursuant to the Personnel Code, a Nursing Act
15 Coordinator and assistants. The Nursing Coordinator and
16 assistants shall be professional nurses licensed in this
17 State and graduated from approved schools of nursing and each
18 shall have been actively engaged in nursing education not
19 less than one year prior to appointment. The Nursing Act
20 Coordinator shall hold at least a master's degree in nursing
21 from an approved college or university and shall have at
22 least 5 years experience since graduation in progressively
23 responsible positions in nursing education. Each assistant
24 shall hold at least a master's degree in nursing from an
25 approved college or university and shall have at least 3
26 years experience since graduation in progressively
27 responsible positions in nursing education. The Nursing Act
28 Coordinator and assistants shall perform such administrative
29 functions as may be delegated to them by the Director.
30 (225 ILCS 65/10-25, formerly 65/7)
31 Sec. 10-25. 7. Board.
32 (a) The Director shall appoint the Board of Nursing
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1 which shall be composed of 9 registered professional nurses,
2 2 licensed practical nurses and one public member who shall
3 also be a voting member and who is not a licensed health care
4 provider. Two registered nurses shall hold at least a
5 master's degree in nursing and be educators in professional
6 nursing programs, one representing baccalaureate nursing
7 education, one representing associate degree nursing
8 education; one registered nurse shall hold at least a
9 bachelor's degree with a major in nursing and be an educator
10 in a licensed practical nursing program; one registered nurse
11 shall hold a master's degree in nursing and shall represent
12 nursing service administration; 2 registered nurses shall
13 represent clinical nursing practice, one of whom shall have
14 at least a master's degree in nursing; and 2 registered
15 nurses shall represent advanced specialty practice. Each of
16 the 11 nurses shall have had a minimum of 5 years experience
17 in nursing, 3 of which shall be in the area they represent on
18 the Board and be actively engaged in the area of nursing they
19 represent at the time of appointment and during their tenure
20 on the Board. Members shall be appointed for a term of 3
21 years. No member shall be eligible for appointment to more
22 than 2 consecutive terms and any appointment to fill a
23 vacancy shall be for the unexpired portion of the term. In
24 making Board appointments, the Director shall give
25 consideration to recommendations submitted by nursing
26 organizations. Consideration shall be given to equal
27 geographic representation. The Board shall receive actual
28 and necessary expenses incurred in the performance of their
29 duties.
30 In making the initial appointments, the Director shall
31 appoint all new members for terms of 2, 3, and 4 years and
32 such terms shall be staggered as follows: 3 shall be
33 appointed for terms of 2 years; 3 shall be appointed for
34 terms of 3 years; and 3 shall be appointed for terms of 4
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1 years.
2 The Director may remove any member of the Board for
3 misconduct, incapacity, or neglect of duty. The Director
4 shall reduce to writing any causes for removal.
5 The Board shall meet annually to elect a chairperson and
6 vice chairperson. The Board may hold such other meetings
7 during the year as may be necessary to conduct its business.
8 Six voting members of the Board shall constitute a quorum at
9 any meeting. Any action taken by the Board must be on the
10 affirmative vote of 6 members. Voting by proxy shall not be
11 permitted.
12 The Board shall submit an annual report to the Director.
13 The members of the Board shall be immune from suit in any
14 action based upon any disciplinary proceedings or other acts
15 performed in good faith as members of the Board.
16 (b) The Board is authorized to:
17 (1) recommend the adoption and, from time to time,
18 the revision of such rules that may be necessary to carry
19 out the provisions of this Act;
20 (2) conduct hearings and disciplinary conferences
21 upon charges calling for discipline of a licensee as
22 provided in Section 10-45 25;
23 (3) report to the Department, upon completion of a
24 hearing, the disciplinary actions recommended to be taken
25 against persons violating this Act;
26 (4) recommend the approval, denial of approval,
27 withdrawal of approval, or discipline of nursing
28 education programs;
29 (5) participate in a national organization of state
30 boards of nursing; and
31 (6) recommend a list of the registered nurses to
32 serve as Nursing Act Coordinator and Assistant Nursing
33 Act Coordinator, respectively.
34 (Source: P.A. 90-61, eff. 12-30-97.)
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1 (225 ILCS 65/10-30, formerly 65/12)
2 Sec. 10-30. 12. Qualifications for licensure.
3 (a) Each applicant who successfully meets the
4 requirements of this Section shall be entitled to licensure
5 as a Registered Nurse or Licensed Practical Nurse, whichever
6 is applicable.
7 (b) An applicant for licensure by examination to
8 practice as a registered nurse or licensed practical nurse
9 shall:
10 (1) submit a completed written application, on
11 forms provided by the Department and fees as established
12 by the Department;
13 (2) for registered nurse licensure, have completed
14 an approved professional nursing education program of not
15 less than 2 academic years and have graduated from the
16 program; for licensed practical nurse licensure, have
17 completed an approved practical nursing education program
18 of not less than one academic year and have graduated
19 from the program;
20 (3) have not violated the provisions of Section
21 10-45 25 of this Act. The Department may take into
22 consideration any felony conviction of the applicant, but
23 such a conviction shall not operate as an absolute bar to
24 licensure;
25 (4) meet all other requirements as established by
26 rule;
27 (5) pay, either to the Department or its designated
28 testing service, a fee covering the cost of providing the
29 examination. Failure to appear for the examination on the
30 scheduled date at the time and place specified after the
31 applicant's application for examination has been received
32 and acknowledged by the Department or the designated
33 testing service shall result in the forfeiture of the
34 examination fee.
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1 If an applicant neglects, fails, or refuses to take an
2 examination or fails to pass an examination for a license
3 under this Act within 3 years after filing the application,
4 the application shall be denied. However, the applicant may
5 make a new application accompanied by the required fee and
6 provide evidence of meeting the requirements in force at the
7 time of the new application.
8 An applicant shall have one year from the date of
9 notification of successful completion of the examination to
10 apply to the Department for a license. If an applicant fails
11 to apply within one year, the applicant shall be required to
12 again take and pass the examination unless licensed in
13 another jurisdiction of the United States within 2 years of
14 passing the examination.
15 (c) An applicant for licensure who is a registered
16 professional nurse or a licensed practical nurse licensed by
17 examination under the laws of another state or territory of
18 the United States shall:
19 (1) submit a completed written application, on
20 forms supplied by the Department, and fees as established
21 by the Department;
22 (2) for registered nurse licensure, have completed
23 an approved professional nursing education program of not
24 less than 2 academic years and have graduated from the
25 program; for licensed practical nurse licensure, have
26 completed an approved practical nursing education program
27 of not less than one academic year and have graduated
28 from the program;
29 (3) submit verification of licensure status
30 directly from the United States jurisdiction of
31 licensure;
32 (4) have passed the examination authorized by the
33 Department;
34 (5) meet all other requirements as established by
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1 rule.
2 (d) All applicants for licensure pursuant to this
3 Section who are graduates of nursing educational programs in
4 a country other than the United States or its territories
5 must submit to the Department certification of successful
6 completion of the Commission of Graduates of Foreign Nursing
7 Schools (CGFNS) examination. An applicant, who is unable to
8 provide appropriate documentation to satisfy CGFNS of her or
9 his educational qualifications for the CGFNS examination,
10 shall be required to pass an examination to test competency
11 in the English language which shall be prescribed by the
12 Department, if the applicant is determined by the Board to be
13 educationally prepared in nursing. The Board shall make
14 appropriate inquiry into the reasons for any adverse
15 determination by CGFNS before making its own decision.
16 An applicant licensed in another state or territory who
17 is applying for licensure and has received her or his
18 education in a country other than the United States or its
19 territories shall be exempt from the completion of the
20 Commission of Graduates of Foreign Nursing Schools (CGFNS)
21 examination if the applicant meets all of the following
22 requirements:
23 (1) successful passage of the licensure examination
24 authorized by the Department;
25 (2) holds an active, unencumbered license in
26 another state; and
27 (3) has been actively practicing for a minimum of 2
28 years in another state.
29 (e) No applicant shall be issued a license as a
30 registered nurse or practical nurse under this Section unless
31 he or she has passed the examination authorized by the
32 Department within 3 years of completion and graduation from
33 an approved nursing education program, unless such applicant
34 submits proof of successful completion of a
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1 Department-authorized remedial nursing education program or
2 recompletion of an approved registered nursing program or
3 licensed practical nursing program, as appropriate.
4 (f) Pending the issuance of a license under subsection
5 (b) of this Section, the Department may grant an applicant a
6 temporary license to practice nursing as a registered nurse
7 or as a licensed practical nurse if the Department is
8 satisfied that the applicant holds an active, unencumbered
9 license in good standing in another jurisdiction. If the
10 applicant holds more than one current active license, or one
11 or more active temporary licenses from other jurisdictions,
12 the Department shall not issue a temporary license until it
13 is satisfied that each current active license held by the
14 applicant is unencumbered. The temporary license, which
15 shall be issued no later than 14 working days following
16 receipt by the Department of an application for the temporary
17 license, shall be granted upon the submission of the
18 following to the Department:
19 (1) a signed and completed application for
20 licensure under subsection (a) of this Section as a
21 registered nurse or a licensed practical nurse;
22 (2) proof of a current, active license in at least
23 one other jurisdiction and proof that each current active
24 license or temporary license held by the applicant is
25 unencumbered;
26 (3) a signed and completed application for a
27 temporary license; and
28 (4) the required permit fee.
29 (g) The Department may refuse to issue an applicant a
30 temporary license authorized pursuant to this Section if,
31 within 14 working days following its receipt of an
32 application for a temporary license, the Department
33 determines that:
34 (1) the applicant has been convicted of a crime
-35- LRB9011272NTsbam05
1 under the laws of a jurisdiction of the United States:
2 (i) which is a felony; or (ii) which is a misdemeanor
3 directly related to the practice of the profession,
4 within the last 5 years;
5 (2) within the last 5 years the applicant has had a
6 license or permit related to the practice of nursing
7 revoked, suspended, or placed on probation by another
8 jurisdiction, if at least one of the grounds for
9 revoking, suspending, or placing on probation is the same
10 or substantially equivalent to grounds in Illinois; or
11 (3) it intends to deny licensure by endorsement.
12 For purposes of this Section, an "unencumbered license"
13 means a license against which no disciplinary action has been
14 taken or is pending and for which all fees and charges are
15 paid and current.
16 (h) The Department may revoke a temporary license issued
17 pursuant to this Section if:
18 (1) it determines that the applicant has been
19 convicted of a crime under the law of any jurisdiction of
20 the United States that is (i) a felony or (ii) a
21 misdemeanor directly related to the practice of the
22 profession, within the last 5 years;
23 (2) it determines that within the last 5 years the
24 applicant has had a license or permit related to the
25 practice of nursing revoked, suspended, or placed on
26 probation by another jurisdiction, if at least one of the
27 grounds for revoking, suspending, or placing on probation
28 is the same or substantially equivalent to grounds in
29 Illinois; or
30 (3) it determines that it intends to deny licensure
31 by endorsement.
32 A temporary license or renewed temporary license shall
33 expire (i) upon issuance of an Illinois license or (ii) upon
34 notification that the Department intends to deny licensure by
-36- LRB9011272NTsbam05
1 endorsement. A temporary license shall expire 6 months from
2 the date of issuance. Further renewal may be granted by the
3 Department in hardship cases, as defined by rule. However, a
4 temporary license shall automatically expire upon issuance of
5 the Illinois license or upon notification that the Department
6 intends to deny licensure, whichever occurs first. No
7 extensions shall be granted beyond the 6-month period unless
8 approved by the Director. Notification by the Department
9 under this Section shall be by certified or registered mail.
10 (Source: P.A. 90-61, eff. 12-30-97.)
11 (225 ILCS 65/10-35, formerly 65/14)
12 Sec. 10-35. 14. Concurrent theory and clinical practice
13 education requirements. Except for those applicants who have
14 received advanced graduate degrees in nursing from an
15 approved program with concurrent theory and clinical
16 practice, the educational requirements of Section 10-30 12
17 relating to registered professional nursing and licensed
18 practical nursing shall not be deemed to have been satisfied
19 by the completion of any correspondence course or any program
20 of nursing that does not require coordinated or concurrent
21 theory and clinical practice.
22 (Source: P.A. 90-61, eff. 12-30-97.)
23 (225 ILCS 65/10-40 new)
24 Sec. 10-40. Endorsement. Upon payment of the required
25 fee, an applicant who is a registered professional nurse or a
26 licensed practical nurse educated and licensed under the laws
27 of a foreign country, territory or province shall write and
28 pass an examination conducted by the Department to determine
29 her or his fitness for licensure as a registered professional
30 nurse or a licensed practical nurse:
31 (a) whenever the requirements of such country, territory
32 or province were at the date of license substantially equal
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1 to the requirements then in force in this State; and with
2 respect to practical nursing, if prior to the enactment of
3 this Act, substantially equal to the requirements of this Act
4 at the time of its enactment; or
5 (b) whenever such requirements of another country,
6 territory or province together with educational and
7 professional qualifications, as distinguished from practical
8 experience, of the applicant since obtaining a license as a
9 registered professional nurse or a licensed practical nurse
10 in such country, territory or province are substantially
11 equal to the requirements in force in Illinois at the time of
12 application for licensure as a registered nurse or a licensed
13 practical nurse in Illinois.
14 The examination shall be the same as that required of
15 other applicants for licensure by examination.
16 Applicants have 3 years from the date of application to
17 complete the application process. If the process has not
18 been completed in 3 years, the application shall be denied,
19 the fee forfeited and the applicant must reapply and meet the
20 requirements in effect at the time of reapplication.
21 (225 ILCS 65/10-45 new)
22 Sec. 10-45. Grounds for disciplinary action.
23 (a) The Department may, upon recommendation of the
24 Board, refuse to issue or to renew, or may revoke, suspend,
25 place on probation, reprimand, or take other disciplinary
26 action as the Department may deem appropriate with regard to
27 a license for any one or combination of the causes set forth
28 in subsection (b) below. Fines up to $2,500 may be imposed
29 in conjunction with other forms of disciplinary action for
30 those violations that result in monetary gain for the
31 licensee. Fines shall not be the exclusive disposition of any
32 disciplinary action arising out of conduct resulting in death
33 or injury to a patient. Fines shall not be assessed in
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1 disciplinary actions involving mental or physical illness or
2 impairment. All fines collected under this Section shall be
3 deposited in the Nursing Dedicated and Professional Fund.
4 (b) Grounds for disciplinary action include the
5 following:
6 (1) Material deception in furnishing information to
7 the Department.
8 (2) Material violations of any provision of this
9 Act or violation of the rules of or final administrative
10 action of the Director, after consideration of the
11 recommendation of the Board.
12 (3) Conviction of any crime under the laws of any
13 jurisdiction of the United States: (i) which is a felony;
14 or (ii) which is a misdemeanor, an essential element of
15 which is dishonesty, or (iii) of any crime which is
16 directly related to the practice of the profession.
17 (4) A pattern of practice or other behavior which
18 demonstrates incapacity or incompetency to practice under
19 this Act.
20 (5) Knowingly aiding or assisting another person in
21 violating any provision of this Act or rules.
22 (6) Failing, within 90 days, to provide a response
23 to a request for information in response to a written
24 request made by the Department by certified mail.
25 (7) Engaging in dishonorable, unethical or
26 unprofessional conduct of a character likely to deceive,
27 defraud or harm the public, as defined by rule.
28 (8) Unlawful sale or distribution of any drug,
29 narcotic, or prescription device, or unlawful conversion
30 of any drug, narcotic or prescription device.
31 (9) Habitual or excessive use or addiction to
32 alcohol, narcotics, stimulants, or any other chemical
33 agent or drug which results in a licensee's inability to
34 practice with reasonable judgment, skill or safety.
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1 (10) Discipline by another U.S. jurisdiction or
2 foreign nation, if at least one of the grounds for the
3 discipline is the same or substantially equivalent to
4 those set forth in this Section.
5 (11) A finding that the licensee, after having her
6 or his license placed on probationary status, has
7 violated the terms of probation.
8 (12) Being named as a perpetrator in an indicated
9 report by the Department of Children and Family Services
10 and under the Abused and Neglected Child Reporting Act,
11 and upon proof by clear and convincing evidence that the
12 licensee has caused a child to be an abused child or
13 neglected child as defined in the Abused and Neglected
14 Child Reporting Act.
15 (13) Willful omission to file or record, or
16 willfully impeding the filing or recording or inducing
17 another person to omit to file or record medical reports
18 as required by law or willfully failing to report an
19 instance of suspected child abuse or neglect as required
20 by the Abused and Neglected Child Reporting Act.
21 (14) Gross negligence in the practice of nursing.
22 (15) Holding oneself out to be practicing nursing
23 under any name other than one's own.
24 (16) Fraud, deceit or misrepresentation in applying
25 for or procuring a license under this Act or in
26 connection with applying for renewal of a license under
27 this Act.
28 (17) Allowing another person or organization to use
29 the licensees' license to deceive the public.
30 (18) Willfully making or filing false records or
31 reports in the licensee's practice, including but not
32 limited to false records to support claims against the
33 medical assistance program of the Department of Public
34 Aid under the Illinois Public Aid Code.
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1 (19) Attempting to subvert or cheat on a nurse
2 licensing examination administered under this Act.
3 (20) Immoral conduct in the commission of an act,
4 such as sexual abuse, sexual misconduct, or sexual
5 exploitation, related to the licensee's practice.
6 (21) Willfully or negligently violating the
7 confidentiality between nurse and patient except as
8 required by law.
9 (22) Practicing under a false or assumed name,
10 except as provided by law.
11 (23) The use of any false, fraudulent, or deceptive
12 statement in any document connected with the licensee's
13 practice.
14 (24) Directly or indirectly giving to or receiving
15 from a person, firm, corporation, partnership, or
16 association a fee, commission, rebate, or other form of
17 compensation for professional services not actually or
18 personally rendered.
19 (25) Failure of a licensee to report to the
20 Department any adverse final action taken against such
21 licensee by another licensing jurisdiction (any other
22 jurisdiction of the United States or any foreign state or
23 country), by any peer review body, by any health care
24 institution, by any professional or nursing society or
25 association, by any governmental agency, by any law
26 enforcement agency, or by any court or a nursing
27 liability claim related to acts or conduct similar to
28 acts or conduct that would constitute grounds for action
29 as defined in this Section.
30 (26) Failure of a licensee to report to the
31 Department surrender by the licensee of a license or
32 authorization to practice nursing in another state or
33 jurisdiction, or current surrender by the licensee of
34 membership on any nursing staff or in any nursing or
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1 professional association or society while under
2 disciplinary investigation by any of those authorities or
3 bodies for acts or conduct similar to acts or conduct
4 that would constitute grounds for action as defined by
5 this Section.
6 (27) A violation of the Health Care Worker
7 Self-Referral Act.
8 (28) Physical illness, including but not limited to
9 deterioration through the aging process or loss of motor
10 skill, mental illness, or disability that results in the
11 inability to practice the profession with reasonable
12 judgment, skill, or safety.
13 (c) The determination by a circuit court that a licensee
14 is subject to involuntary admission or judicial admission as
15 provided in the Mental Health and Developmental Disabilities
16 Code, as amended, operates as an automatic suspension. The
17 suspension will end only upon a finding by a court that the
18 patient is no longer subject to involuntary admission or
19 judicial admission and issues an order so finding and
20 discharging the patient; and upon the recommendation of the
21 Board to the Director that the licensee be allowed to resume
22 his or her practice.
23 (d) The Department may refuse to issue or may suspend
24 the license of any person who fails to file a return, or to
25 pay the tax, penalty or interest shown in a filed return, or
26 to pay any final assessment of the tax, penalty, or interest
27 as required by any tax Act administered by the Illinois
28 Department of Revenue, until such time as the requirements of
29 any such tax Act are satisfied.
30 (e) In enforcing this Section, the Department or Board
31 upon a showing of a possible violation may compel an
32 individual licensed to practice under this Act, or who has
33 applied for licensure under this Act, to submit to a mental
34 or physical examination, or both, as required by and at the
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1 expense of the Department. The Department or Board may order
2 the examining physician to present testimony concerning the
3 mental or physical examination of the licensee or applicant.
4 No information shall be excluded by reason of any common law
5 or statutory privilege relating to communications between the
6 licensee or applicant and the examining physician. The
7 examining physicians shall be specifically designated by the
8 Board or Department. The individual to be examined may have,
9 at his or her own expense, another physician of his or her
10 choice present during all aspects of this examination.
11 Failure of an individual to submit to a mental or physical
12 examination, when directed, shall be grounds for suspension
13 of his or her license until the individual submits to the
14 examination if the Department finds, after notice and
15 hearing, that the refusal to submit to the examination was
16 without reasonable cause.
17 If the Department or Board finds an individual unable to
18 practice because of the reasons set forth in this Section,
19 the Department or Board may require that individual to submit
20 to care, counseling, or treatment by physicians approved or
21 designated by the Department or Board, as a condition, term,
22 or restriction for continued, reinstated, or renewed
23 licensure to practice; or, in lieu of care, counseling, or
24 treatment, the Department may file, or the Board may
25 recommend to the Department to file, a complaint to
26 immediately suspend, revoke, or otherwise discipline the
27 license of the individual. An individual whose license was
28 granted, continued, reinstated, renewed, disciplined or
29 supervised subject to such terms, conditions, or
30 restrictions, and who fails to comply with such terms,
31 conditions, or restrictions, shall be referred to the
32 Director for a determination as to whether the individual
33 shall have his or her license suspended immediately, pending
34 a hearing by the Department.
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1 In instances in which the Director immediately suspends a
2 person's license under this Section, a hearing on that
3 person's license must be convened by the Department within 15
4 days after the suspension and completed without appreciable
5 delay. The Department and Board shall have the authority to
6 review the subject individual's record of treatment and
7 counseling regarding the impairment to the extent permitted
8 by applicable federal statutes and regulations safeguarding
9 the confidentiality of medical records.
10 An individual licensed under this Act and affected under
11 this Section shall be afforded an opportunity to demonstrate
12 to the Department or Board that he or she can resume practice
13 in compliance with acceptable and prevailing standards under
14 the provisions of his or her license.
15 (225 ILCS 65/10-50 new)
16 Sec. 10-50. Intoxication and drug abuse.
17 (a) A professional assistance program for nurses shall
18 be established by January 1, 1999.
19 (b) The Director shall appoint a task force to advise in
20 the creation of the assistance program. The task force shall
21 include members of the Department and professional nurses,
22 and shall report its findings and recommendations to the
23 Committee on Nursing.
24 (c) Any registered professional nurse who is an
25 administrator or officer in any hospital, nursing home, other
26 health care agency or facility, or nurse agency and has
27 knowledge of any action or condition which reasonably
28 indicates to her or him that a registered professional nurse
29 or licensed practical nurse employed by or practicing nursing
30 in such hospital, nursing home, other health care agency or
31 facility, or nurse agency is habitually intoxicated or
32 addicted to the use of habit-forming drugs to the extent that
33 such intoxication or addiction adversely affects such nurses'
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1 professional performance, or unlawfully possesses, uses,
2 distributes or converts habit-forming drugs belonging to the
3 hospital, nursing home or other health care agency or
4 facility for such nurses' own use, shall promptly file a
5 written report thereof to the Department; provided however,
6 an administrator or officer need not file the report if the
7 nurse participates in a course of remedial professional
8 counseling or medical treatment for substance abuse, as long
9 as such nurse actively pursues such treatment under
10 monitoring by the administrator or officer or by the
11 hospital, nursing home, health care agency or facility, or
12 nurse agency and the nurse continues to be employed by such
13 hospital, nursing home, health care agency or facility, or
14 nurse agency. The Department shall review all reports
15 received by it in a timely manner. Its initial review shall
16 be completed no later than 60 days after receipt of the
17 report. Within this 60 day period, the Department shall, in
18 writing, make a determination as to whether there are
19 sufficient facts to warrant further investigation or action.
20 Should the Department find insufficient facts to warrant
21 further investigation, or action, the report shall be
22 accepted for filing and the matter shall be deemed closed and
23 so reported.
24 Should the Department find sufficient facts to warrant
25 further investigation, such investigation shall be completed
26 within 60 days of the date of the determination of sufficient
27 facts to warrant further investigation or action. Final
28 action shall be determined no later than 30 days after the
29 completion of the investigation. If there is a finding which
30 verifies habitual intoxication or drug addiction which
31 adversely affects professional performance or the unlawful
32 possession, use, distribution or conversion of habit-forming
33 drugs by the reported nurse, the Department may refuse to
34 issue or renew or may suspend or revoke that nurse's license
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1 as a registered professional nurse or a licensed practical
2 nurse.
3 Any of the aforementioned actions or a determination that
4 there are insufficient facts to warrant further investigation
5 or action shall be considered a final action. The nurse
6 administrator or officer who filed the original report or
7 complaint, and the nurse who is the subject of the report,
8 shall be notified in writing by the Department within 15 days
9 of any final action taken by the Department.
10 Each year on March 1, commencing with the effective date
11 of this Act, the Department shall submit a report to the
12 General Assembly. The report shall include the number of
13 reports made under this Section to the Department during the
14 previous year, the number of reports reviewed and found
15 insufficient to warrant further investigation, the number of
16 reports not completed and the reasons for incompletion. This
17 report shall be made available also to nurses requesting the
18 report.
19 Any person making a report under this Section or in good
20 faith assisting another person in making such a report shall
21 have immunity from any liability, either criminal or civil,
22 that might result by reason of such action. For the purpose
23 of any legal proceeding, criminal or civil, there shall be a
24 rebuttable presumption that any person making a report under
25 his Section or assisting another person in making such report
26 was acting in good faith. All such reports and any
27 information disclosed to or collected by the Department
28 pursuant to this Section shall remain confidential records of
29 the Department and shall not be disclosed nor be subject to
30 any law or regulation of this State relating to freedom of
31 information or public disclosure of records.
32 (225 ILCS 65/Title 15 heading new)
33 TITLE 15. ADVANCED PRACTICE NURSES
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1 (225 ILCS 65/15-5 new)
2 Sec. 15-5. Definitions. As used in this Title:
3 "APN Board" means the Advanced Practice Nursing Board.
4 "Advanced practice nurse" or "APN" means a person who:
5 (1) is licensed as a registered professional nurse under
6 this Act; (2) meets the requirements for licensure as an
7 advanced practice nurse under Section 15-10; (3) has a
8 written collaborative agreement with a collaborating
9 physician in the diagnosis of illness and management of
10 wellness and other conditions as appropriate to the level and
11 area of his or her practice in accordance with Section 15-15;
12 and (4) cares for patients (A) by using advanced diagnostic
13 skills, the results of diagnostic tests and procedures
14 ordered by the advanced practice nurse, a physician
15 assistant, a dentist, a podiatrist, or a physician, and
16 professional judgment to initiate and coordinate the care of
17 patients; (B) by ordering diagnostic tests, prescribing
18 medications and drugs in accordance with Section 15-20, and
19 administering medications and drugs; and (C) by using
20 medical, therapeutic, and corrective measures to treat
21 illness and improve health status. Categories include
22 certified nurse midwife (CNM), certified nurse practitioner
23 (CNP), or certified clinical nurse specialist (CNS).
24 "Collaborating physician" means a physician who works
25 with an advanced practice nurse and provides medical
26 direction as documented in a written collaborative agreement
27 required under Section 15-15.
28 "Licensed hospital" means a hospital licensed under the
29 Hospital Licensing Act or organized under the University of
30 Illinois Hospital Act.
31 "Physician" means a person licensed to practice medicine
32 in all its branches under the Medical Practice Act of 1987.
33 (225 ILCS 65/15-10 new)
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1 Sec. 15-10. Advanced practice nurse; qualifications;
2 roster.
3 (a) A person shall be qualified for licensure as an
4 advanced practice nurse if that person:
5 (1) has applied in writing in form and substance
6 satisfactory to the Department and has not violated a
7 provision of this Act or the rules adopted under this
8 Act. The Department may take into consideration any
9 felony conviction of the applicant but a conviction shall
10 not operate as an absolute bar to licensure;
11 (2) holds a current license to practice as a
12 registered nurse in Illinois;
13 (3) has successfully completed requirements to
14 practice as, and holds a current, national certification
15 as, a nurse midwife, clinical nurse specialist, or nurse
16 practitioner from the appropriate national certifying
17 body as determined by rule of the Department;
18 (4) has paid the required fees as set by rule; and
19 (5) has successfully completed a post-basic
20 advanced practice formal education program in the area of
21 his or her nursing specialty.
22 (b) In addition to meeting the requirements of
23 subsection (a), except item (5) of that subsection, beginning
24 July 1, 2001 or 12 months after the adoption of final rules
25 to implement this Section, whichever is sooner, applicants
26 for initial licensure shall have a graduate degree
27 appropriate for national certification in a clinical advanced
28 practice nursing specialty.
29 (c) The Department shall provide by rule for APN
30 licensure of registered professional nurses who (1) apply for
31 licensure before July 1, 2001 and (2) submit evidence of
32 completion of a program described in item (5) of subsection
33 (a) or in subsection (b) and evidence of practice for at
34 least 10 years as a nurse practitioner.
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1 (d) The Department shall maintain a separate roster of
2 advanced practice nurses licensed under this Title and their
3 licenses shall indicate "Registered Nurse/Advanced Practice
4 Nurse".
5 (225 ILCS 65/15-15 new)
6 Sec. 15-15. Written collaborative agreements.
7 (a) No person shall engage in the practice of advanced
8 practice nursing except when licensed under this Title and
9 pursuant to a written collaborative agreement with a
10 collaborating physician.
11 (b) A written collaborative agreement shall describe the
12 working relationship of the advanced practice nurse with the
13 collaborating physician and shall authorize the categories of
14 care, treatment, or procedures to be performed by the
15 advanced practice nurse. Collaboration does not require an
16 employment relationship between the collaborating physician
17 and advanced practice nurse. Collaboration means the
18 relationship under which an advanced practice nurse works
19 with a collaborating physician in an active clinical practice
20 to deliver health care services in accordance with (i) the
21 advanced practice nurse's training, education, and experience
22 and (ii) medical direction as documented in a jointly
23 developed written collaborative agreement.
24 The agreement shall be defined to promote the exercise of
25 professional judgment by the advanced practice nurse
26 commensurate with his or her education and experience. The
27 services to be provided by the advanced practice nurse shall
28 be services that the collaborating physician generally
29 provides to his or her patients in the normal course of his
30 or her clinical medical practice. The agreement need not
31 describe the exact steps that an advanced practice nurse must
32 take with respect to each specific condition, disease, or
33 symptom but must specify which authorized procedures require
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1 a physician's presence as the procedures are being performed.
2 The collaborative relationship under an agreement shall not
3 be construed to require the personal presence of a physician
4 at all times at the place where services are rendered.
5 Methods of communication shall be available for consultation
6 with the collaborating physician in person or by
7 telecommunications in accordance with established written
8 guidelines as set forth in the written agreement.
9 (c) Physician medical direction under an agreement shall
10 be adequate if a collaborating physician:
11 (1) participates in the joint formulation and joint
12 approval of orders or guidelines with the APN and he or
13 she periodically reviews such orders and the services
14 provided patients under such orders in accordance with
15 accepted standards of medical practice and advanced
16 practice nursing practice;
17 (2) is on site at least once a month to provide
18 medical direction and consultation; and
19 (3) is available through telecommunications for
20 consultation on medical problems, complications, or
21 emergencies or patient referral.
22 (d) A copy of the signed, written collaborative
23 agreement must be available to the Department upon request
24 from both the advanced practice nurse and the collaborating
25 physician and shall be annually updated. An advanced
26 practice nurse shall inform each collaborating physician of
27 all collaborative agreements he or she has signed and provide
28 a copy of these to any collaborating physician, upon request.
29 (225 ILCS 65/15-20 new)
30 Sec. 15-20. Prescriptive authority.
31 (a) A collaborating physician may, but is not required
32 to, delegate limited prescriptive authority to an advanced
33 practice nurse as part of a written collaborative agreement.
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1 This authority may, but is not required to, include
2 prescription of legend drugs and legend controlled substances
3 categorized as Schedule III, IV, or V controlled substances,
4 as defined in Article II of the Illinois Controlled
5 Substances Act.
6 (b) To prescribe Schedule III, IV, or V controlled
7 substances under this Section, an advanced practice nurse
8 shall affix the collaborating physician's DEA number to, and
9 individually sign, the appropriate prescription form
10 containing the printed names of the advanced practice nurse
11 and collaborating physician in accordance with the written
12 collaborative agreement. Medication orders shall be reviewed
13 periodically by the collaborating physician.
14 (c) The collaborating physician shall file with the
15 Department notice of delegation of prescriptive authority and
16 termination of such delegation, in accordance with rules of
17 the Department.
18 (d) Nothing in this Act shall be construed to limit the
19 delegation of tasks or duties by a physician to a licensed
20 practical nurse, a registered professional nurse, or other
21 personnel.
22 (225 ILCS 65/15-30 new)
23 Sec. 15-30. Title.
24 (a) No person shall use any words, abbreviations,
25 figures, letters, title, sign, card, or device tending to
26 imply that he or she is an advanced practice nurse, including
27 but not limited to using the titles or initials "Advanced
28 Practice Nurse", "Certified Nurse Midwife", "Certified Nurse
29 Practitioner", "Clinical Nurse Specialist", "A.P.N.",
30 "C.N.M.", "C.N.P.", "C.N.S.", or similar titles or initials,
31 with the intention of indicating practice as an advanced
32 practice nurse without meeting the requirements of this Act.
33 No advanced practice nurse shall use the title of doctor or
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1 associate with his or her name or any other term to indicate
2 to other persons that he or she is qualified to engage in the
3 general practice of medicine.
4 (b) An advanced practice nurse shall verbally identify
5 himself or herself as an advanced practice nurse including
6 specialty certification to each patient.
7 (c) Nothing in this Act shall be construed to relieve a
8 physician of professional or legal responsibility for the
9 care and treatment of persons attended by him or her or to
10 relieve an advanced practice nurse of the professional or
11 legal responsibility for the care and treatment of persons
12 attended by him or her.
13 (225 ILCS 65/15-35 new)
14 Sec. 15-35. Advanced Practice Nursing Board.
15 (a) There is hereby established an Advanced Practice
16 Nursing Board, hereinafter referred to as the "APN Board".
17 The APN Board shall review and make recommendations to the
18 Department regarding matters relating to licensure and
19 discipline of advanced practice nurses. The APN Board shall
20 be composed of 9 members to be appointed by the Governor, 4
21 of whom shall be advanced practice nurses and 3 of whom shall
22 be collaborating physicians. In making appointments to the
23 APN Board, the Governor shall give due consideration to
24 recommendations by statewide professional associations or
25 societies representing nurses and physicians in Illinois.
26 Two members, not employed or having any material interest in
27 any health care field, shall represent the public. The
28 chairperson of the APN Board shall be a member elected by a
29 majority vote of the APN Board. The APN Board shall meet and
30 report to the Department quarterly and as advanced practice
31 nurse issues arise.
32 Initial appointments to the APN Board shall be made
33 within 90 days after the effective date of this amendatory
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1 Act of 1998. The terms of office of each of the original
2 members shall be at staggered intervals. One physician and
3 one advanced practice nurse shall serve one-year terms. One
4 physician and one advanced practice nurse shall serve 2-year
5 terms. One physician and one advanced practice nurse shall
6 serve 3-year terms. One advanced practice nurse and the
7 public members shall serve 4-year terms. Upon the expiration
8 of the term of an initial member, his or her successor shall
9 be appointed for a term of 4 years. No member shall serve
10 more than 2 consecutive terms, excluding initial appointment
11 terms. An appointment to fill a vacancy shall be for the
12 unexpired portion of the term. Members of the APN Board
13 shall be reimbursed for all authorized legitimate and
14 necessary expenses incurred in attending the meetings of the
15 APN Board. A majority of the APN Board members appointed
16 shall constitute a quorum. A vacancy in the membership of
17 the APN Board shall not impair the right of a quorum to
18 perform all of the duties of the APN Board. A member of the
19 APN Board shall have no liability in an action based upon a
20 disciplinary proceeding or other activity performed in good
21 faith as a member of the APN Board.
22 (b) Complaints received concerning advanced practice
23 nurses shall be reviewed by the APN Board. Complaints
24 received concerning collaborating physicians shall be
25 reviewed by the Medical Disciplinary Board.
26 (225 ILCS 65/15-40 new)
27 Sec. 15-40. Advertising.
28 (a) A person licensed under this Title may advertise the
29 availability of professional services in the public media or
30 on the premises where the professional services are rendered.
31 The advertising shall be limited to the following
32 information:
33 (1) publication of the person's name, title, office
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1 hours, address, and telephone number;
2 (2) information pertaining to the person's areas of
3 specialization, including but not limited to appropriate
4 board certification or limitation of professional
5 practice;
6 (3) publication of the person's collaborating
7 physician's name, title, and areas of specialization;
8 (4) information on usual and customary fees for
9 routine professional services offered, which shall
10 include notification that fees may be adjusted due to
11 complications or unforeseen circumstances;
12 (5) announcements of the opening of, change of,
13 absence from, or return to business;
14 (6) announcement of additions to or deletions from
15 professional licensed staff; and
16 (7) the issuance of business or appointment cards.
17 (b) It is unlawful for a person licensed under this
18 Title to use testimonials or claims of superior quality of
19 care to entice the public. It shall be unlawful to advertise
20 fee comparisons of available services with those of other
21 licensed persons.
22 (c) This Title does not authorize the advertising of
23 professional services that the offeror of the services is not
24 licensed or authorized to render. Nor shall the advertiser
25 use statements that contain false, fraudulent, deceptive, or
26 misleading material or guarantees of success, statements that
27 play upon the vanity or fears of the public, or statements
28 that promote or produce unfair competition.
29 (d) It is unlawful and punishable under the penalty
30 provisions of this Act for a person licensed under this Title
31 to knowingly advertise that the licensee will accept as
32 payment for services rendered by assignment from any third
33 party payor the amount the third party payor covers as
34 payment in full, if the effect is to give the impression of
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1 eliminating the need of payment by the patient of any
2 required deductible or copayment applicable in the patient's
3 health benefit plan.
4 (e) As used in this Section, "advertise" means
5 solicitation by the licensee or through another person or
6 entity by means of handbills, posters, circulars, motion
7 pictures, radio, newspapers, or television or any other
8 manner.
9 (225 ILCS 65/15-45 new)
10 Sec. 15-45. Continuing education. The Department shall
11 adopt rules of continuing education for persons licensed
12 under this Title that require 50 hours of continuing
13 education per 2-year license renewal cycle. The rules shall
14 not be inconsistent with requirements of relevant national
15 certifying bodies or State or national professional
16 associations. The rules shall also address variances for
17 illness or hardship. The continuing education rules shall
18 assure that licensees are given the opportunity to
19 participate in programs sponsored by or through their State
20 or national professional associations, hospitals, or other
21 providers of continuing education. Each licensee is
22 responsible for maintaining records of completion of
23 continuing education and shall be prepared to produce the
24 records when requested by the Department.
25 (225 ILCS 65/15-50 new)
26 Sec. 15-50. Grounds for disciplinary action.
27 (a) The Department may, upon the recommendation of the
28 APN Board, refuse to issue or to renew, or may revoke,
29 suspend, place on probation, censure or reprimand, or take
30 other disciplinary action as the Department may deem
31 appropriate with regard to a license issued under this Title,
32 including the issuance of fines not to exceed $5,000 for each
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1 violation, for any one or combination of the grounds for
2 discipline set forth in Section 10-45 of this Act or for any
3 one or combination of the following causes:
4 (1) Gross negligence in the practice of advanced
5 practice nursing.
6 (2) Exceeding the terms of a collaborative
7 agreement or the prescriptive authority delegated to him
8 or her by his or her collaborating physician or alternate
9 collaborating physician in guidelines established under a
10 written collaborative agreement.
11 (3) Making a false or misleading statement
12 regarding his or her skill or the efficacy or value of
13 the medicine, treatment, or remedy prescribed by him or
14 her in the course of treatment.
15 (4) Prescribing, selling, administering,
16 distributing, giving, or self-administering a drug
17 classified as a controlled substance (designated product)
18 or narcotic for other than medically accepted therapeutic
19 purposes.
20 (5) Promotion of the sale of drugs, devices,
21 appliances, or goods provided for a patient in a manner
22 to exploit the patient for financial gain.
23 (6) Violating State or federal laws or regulations
24 relating to controlled substances.
25 (7) Willfully or negligently violating the
26 confidentiality between advanced practice nurse,
27 collaborating physician, and patient, except as required
28 by law.
29 (8) Failure of a licensee to report to the
30 Department any adverse final action taken against such
31 licensee by another licensing jurisdiction (any other
32 jurisdiction of the United States or any foreign state or
33 country), any peer review body, any health care
34 institution, a professional or nursing or advanced
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1 practice nursing society or association, a governmental
2 agency, a law enforcement agency, or a court or a
3 liability claim relating to acts or conduct similar to
4 acts or conduct that would constitute grounds for action
5 as defined in this Section.
6 (9) Failure of a licensee to report to the
7 Department surrender by the licensee of a license or
8 authorization to practice nursing or advanced practice
9 nursing in another state or jurisdiction, or current
10 surrender by the licensee of membership on any nursing
11 staff or organized health care professional staff or in
12 any nursing, advanced practice nurse, or professional
13 association or society while under disciplinary
14 investigation by any of those authorities or bodies for
15 acts or conduct similar to acts or conduct that would
16 constitute grounds for action as defined in this Section.
17 (10) Failing, within 60 days, to provide
18 information in response to a written request made by the
19 Department.
20 (11) Failure to establish and maintain records of
21 patient care and treatment as required by law.
22 (12) Any violation of any Section of this Title or
23 Act.
24 When the Department has received written reports
25 concerning incidents required to be reported in items (8) and
26 (9), the licensee's failure to report the incident to the
27 Department under those items shall not be the sole grounds
28 for disciplinary action.
29 (b) The Department may refuse to issue or may suspend
30 the license of any person who fails to file a return, to pay
31 the tax, penalty, or interest shown in a filed return, or to
32 pay any final assessment of the tax, penalty, or interest as
33 required by a tax Act administered by the Department of
34 Revenue, until the requirements of the tax Act are satisfied.
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1 (c) In enforcing this Section, the Department or APN
2 Board, upon a showing of a possible violation, may compel an
3 individual licensed to practice under this Title, or who has
4 applied for licensure under this Title, to submit to a mental
5 or physical examination or both, as required by and at the
6 expense of the Department. The Department or APN Board may
7 order the examining physician to present testimony concerning
8 the mental or physical examination of the licensee or
9 applicant. No information shall be excluded by reason of any
10 common law or statutory privilege relating to communications
11 between the licensee or applicant and the examining
12 physician. The examining physician shall be specifically
13 designated by the APN Board or Department. The individual to
14 be examined may have, at his or her own expense, another
15 physician of his or her choice present during all aspects of
16 this examination. Failure of an individual to submit to a
17 mental or physical examination when directed shall be grounds
18 for suspension of his or her license until the individual
19 submits to the examination if the Department finds, after
20 notice and hearing, that the refusal to submit to the
21 examination was without reasonable cause.
22 If the Department or APN Board finds an individual unable
23 to practice because of the reasons set forth in this Section,
24 the Department or APN Board may require that individual to
25 submit to care, counseling, or treatment by physicians
26 approved or designated by the Department or APN Board as a
27 condition, term, or restriction for continued, reinstated, or
28 renewed licensure to practice