State of Illinois
91st General Assembly

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 1        AN ACT to amend the Nursing and Advanced Practice Nursing
 2    Act by changing Section 10-50.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Nursing and Advanced Practice Nursing Act
 6    is amended by changing Section 10-50 as follows:

 7        (225 ILCS 65/10-50)
 8        Sec. 10-50.  Intoxication and drug abuse.
 9        (a)  A professional assistance program for  nurses  shall
10    be established by January 1, 1999.
11        (b)  The Director shall appoint a task force to advise in
12    the creation of the assistance program.  The task force shall
13    include  members  of  the Department and professional nurses,
14    and shall report its  findings  and  recommendations  to  the
15    Committee on Nursing.
16        (c)  Any   registered   professional   nurse  who  is  an
17    administrator or officer in any hospital, nursing home, other
18    health care agency or  facility,  or  nurse  agency  and  has
19    knowledge   of  any  action  or  condition  which  reasonably
20    indicates to her or him that a registered professional  nurse
21    or licensed practical nurse employed by or practicing nursing
22    in  such  hospital, nursing home, other health care agency or
23    facility,  or  nurse  agency  is  habitually  intoxicated  or
24    addicted to the use of habit-forming drugs to the extent that
25    such intoxication or addiction  adversely  affects  the  such
26    nurse's  professional  performance,  or unlawfully possesses,
27    uses, distributes or converts habit-forming  drugs  belonging
28    to  the hospital, nursing home or other health care agency or
29    facility for the such nurse's own use, shall promptly file  a
30    written  report  thereof to the Department; provided however,
31    an administrator or officer need not file the report  if  the
                            -2-                LRB9102731ACtm
 1    nurse  participates  in  a  course  of  remedial professional
 2    counseling or medical treatment for substance abuse, as  long
 3    as  the  such nurse actively pursues the such treatment under
 4    monitoring  by  the  administrator  or  officer  or  by   the
 5    hospital,  nursing  home,  health care agency or facility, or
 6    nurse agency and the nurse continues to be employed by    the
 7    such  hospital, nursing home, health care agency or facility,
 8    or nurse agency.  The Department  shall  review  all  reports
 9    received  by it in a timely manner.  Its initial review shall
10    be completed no later than  60  days  after  receipt  of  the
11    report.   Within this 60 day period, the Department shall, in
12    writing,  make  a  determination  as  to  whether  there  are
13    sufficient facts to warrant further investigation or action.
14        Should the Department find insufficient facts to  warrant
15    further   investigation,  or  action,  the  report  shall  be
16    accepted for filing and the matter shall be deemed closed and
17    so reported.
18        Should the Department find sufficient  facts  to  warrant
19    further  investigation, such investigation shall be completed
20    within 60 days of the date of the determination of sufficient
21    facts to warrant  further  investigation  or  action.   Final
22    action  shall  be  determined no later than 30 days after the
23    completion of the investigation.  If there is a finding which
24    verifies  habitual  intoxication  or  drug  addiction   which
25    adversely  affects  professional  performance or the unlawful
26    possession, use, distribution or conversion of  habit-forming
27    drugs  by  the  reported  nurse, the Department may refuse to
28    issue or renew or may suspend or revoke that nurse's  license
29    as  a  registered  professional nurse or a licensed practical
30    nurse.
31        Any of the aforementioned actions or a determination that
32    there are insufficient facts to warrant further investigation
33    or action shall be considered  a  final  action.   The  nurse
34    administrator  or  officer  who  filed the original report or
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 1    complaint, and the nurse who is the subject  of  the  report,
 2    shall be notified in writing by the Department within 15 days
 3    of any final action taken by the Department.
 4        Each  year on March 1, commencing with the effective date
 5    of this Act, the Department shall  submit  a  report  to  the
 6    General  Assembly.   The  report  shall include the number of
 7    reports made under this Section to the Department during  the
 8    previous  year,  the  number  of  reports  reviewed and found
 9    insufficient to warrant further investigation, the number  of
10    reports not completed and the reasons for incompletion.  This
11    report  shall be made available also to nurses requesting the
12    report.
13        Any person making a report under this Section or in  good
14    faith  assisting another person in making such a report shall
15    have immunity from any liability, either criminal  or  civil,
16    that  might result by reason of such action.  For the purpose
17    of any legal proceeding, criminal or civil, there shall be  a
18    rebuttable  presumption that any person making a report under
19    this Section or  assisting  another  person  in  making  such
20    report  was  acting  in good faith.  All such reports and any
21    information disclosed  to  or  collected  by  the  Department
22    pursuant to this Section shall remain confidential records of
23    the  Department  and shall not be disclosed nor be subject to
24    any law or regulation of this State relating  to  freedom  of
25    information or public disclosure of records.
26    (Source: P.A. 90-742, eff. 8-13-98.)

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