Public Act 90-0742 of the 90th General Assembly
Public Act 90-0742
SB1585 Enrolled LRB9011272NTsb
AN ACT concerning medicine.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Section 56 as follows:
(20 ILCS 1705/56) (from Ch. 91 1/2, par. 100-56)
Sec. 56. The Secretary, upon making a determination
based upon information in the possession of the Department,
that continuation in practice of a licensed health care
professional would constitute an immediate danger to the
public, shall submit a written communication to the Director
of Professional Regulation indicating such determination and
additionally providing a complete summary of the information
upon which such determination is based, and recommending that
the Director of Professional Regulation immediately suspend
such person's license. All relevant evidence, or copies
thereof, in the Department's possession may also be submitted
in conjunction with the written communication. A copy of
such written communication, which is exempt from the copying
and inspection provisions of The Freedom of Information Act,
shall at the time of submittal to the Director of
Professional Regulation be simultaneously mailed to the last
known business address of such licensed health care
professional by certified or registered postage, United
States Mail, return receipt requested. Any evidence, or
copies thereof, which is submitted in conjunction with the
written communication is also exempt from the copying and
inspection provisions of The Freedom of Information Act.
For the purposes of this Section, "licensed health care
professional" means any person licensed under the Illinois
Dental Practice Act, the Illinois Nursing and Advanced
Practice Nursing Act of 1987, the Medical Practice Act of
1987, the Pharmacy Practice Act of 1987, the Podiatric
Medical Practice Act of 1987, and the Illinois Optometric
Practice Act of 1987.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 2. The Civil Administrative Code of Illinois is
amended by changing Sections 55.37a and 55.62a as follows:
(20 ILCS 2310/55.37a) (from Ch. 127, par. 55.37a)
Sec. 55.37a. The Director of Public Health, upon making
a determination based upon information in the possession of
the Department, that continuation in practice of a licensed
health care professional would constitute an immediate danger
to the public, shall submit a written communication to the
Director of the Department of Professional Regulation
indicating such determination and additionally providing a
complete summary of the information upon which such
determination is based, and recommending that the Director of
Professional Regulation immediately suspend such person's
license. All relevant evidence, or copies thereof, in the
Department's possession may also be submitted in conjunction
with the written communication. A copy of such written
communication, which is exempt from the copying and
inspection provisions of The Freedom of Information Act,
shall at the time of submittal to the Director of the
Department of Professional Regulation be simultaneously
mailed to the last known business address of such licensed
health care professional by certified or registered postage,
United States Mail, return receipt requested. Any evidence,
or copies thereof, which is submitted in conjunction with the
written communication is also exempt for the copying and
inspection provisions of The Freedom of Information Act.
For the purposes of this Section "licensed health care
professional" means any person licensed under the Illinois
Dental Practice Act, the Illinois Nursing and Advanced
Practice Nursing Act of 1987, the Medical Practice Act of
1987, the Pharmacy Practice Act of 1987, the Podiatric
Medical Practice Act of 1987, and the Illinois Optometric
Practice Act of 1987.
(Source: P.A. 85-1209.)
(20 ILCS 2310/55.62a)
Sec. 55.62a. Advisory Panel on Minority Health.
(a) In this Section:
"Health profession" means any health profession regulated
under the laws of this State, including, without limitation,
professions regulated under the Illinois Athletic Trainers
Practice Act, the Clinical Psychologist Licensing Act, the
Clinical Social Work and Social Work Practice Act, the
Illinois Dental Practice Act, the Dietetic and Nutrition
Services Practice Act, the Marriage and Family Therapy
Licensing Act, the Medical Practice Act of 1987, the
Naprapathic Practice Act, the Illinois Nursing and Advanced
Practice Nursing Act of 1987, the Illinois Occupational
Therapy Practice Act, the Illinois Optometric Practice Act of
1987, the Illinois Physical Therapy Act, the Physician
Assistant Practice Act of 1987, the Podiatric Medical
Practice Act of 1987, the Professional Counselor and Clinical
Professional Counselor Licensing Act, and the Illinois
Speech-Language Pathology and Audiology Practice Act.
"Minority" has the same meaning as in Section 55.62.
(b) The General Assembly finds as follows:
(1) The health status of individuals from ethnic
and racial minorities in this State is significantly
lower than the health status of the general population of
the State.
(2) Minorities suffer disproportionately high rates
of cancer, stroke, heart disease, diabetes, sickle-cell
anemia, lupus, substance abuse, acquired immune
deficiency syndrome, other diseases and disorders,
unintentional injuries, and suicide.
(3) The incidence of infant mortality among
minorities is almost double that for the general
population.
(4) Minorities suffer disproportionately from lack
of access to health care and poor living conditions.
(5) Minorities are under-represented in the health
care professions.
(6) Minority participation in the procurement
policies of the health care industry is lacking.
(7) Minority health professionals historically have
tended to practice in low-income areas and to serve
minorities.
(8) National experts on minority health report that
access to health care among minorities can be
substantially improved by increasing the number of
minority health professionals.
(9) Increasing the number of minorities serving on
the facilities of health professional schools is an
important factor in attracting minorities to pursue a
career in health professions.
(10) Retaining minority health professionals
currently practicing in this State and those receiving
training and education in this State is an important
factor in maintaining and increasing the number of
minority health professionals in Illinois.
(11) An Advisory Panel on Minority Health is
necessary to address the health issues affecting
minorities in this State.
(c) The General Assembly's intent is as follows:
(1) That all Illinoisans have access to health
care.
(2) That the gap between the health status of
minorities and other Illinoisans be closed.
(3) That the health issues that disproportionately
affect minorities be addressed to improve the health
status of minorities.
(4) That the number of minorities in the health
professions be increased.
(d) The Advisory Panel on Minority Health is created.
The Advisory Panel shall consist of 25 members appointed by
the Director of Public Health. The members shall represent
health professions and the General Assembly.
(e) The Advisory Panel shall assist the Department in
the following manner:
(1) Examination of the following areas as they
relate to minority health:
(A) Access to health care.
(B) Demographic factors.
(C) Environmental factors.
(D) Financing of health care.
(E) Health behavior.
(F) Health knowledge.
(G) Utilization of quality care.
(H) Minorities in health care professions.
(2) Development of monitoring, tracking, and
reporting mechanisms for programs and services with
minority health goals and objectives.
(3) Communication with local health departments,
community-based organizations, voluntary health
organizations, and other public and private organizations
statewide, on an ongoing basis, to learn more about their
services to minority communities, the health problems of
minority communities, and their ideas for improving
minority health.
(4) Promotion of communication among all State
agencies that provide services to minority populations.
(5) Building coalitions between the State and
leadership in minority communities.
(6) Encouragement of recruitment and retention of
minority health professionals.
(7) Improvement in methods for collecting and
reporting data on minority health.
(8) Improvement in accessibility to health and
medical care for minority populations in under-served
rural and urban areas.
(9) Reduction of communication barriers for
non-English speaking residents.
(10) Coordination of the development and
dissemination of culturally appropriate and sensitive
education material, public awareness messages, and health
promotion programs for minorities.
(f) On or before January 1, 1997 the Advisory Panel
shall submit an interim report to the Governor and the
General Assembly. The interim report shall include an update
on the Advisory Panel's progress in performing its functions
under this Section and shall include recommendations,
including recommendations for any necessary legislative
changes.
On or before January 1, 1998 the Advisory Panel shall
submit a final report to the Governor and the General
Assembly. The final report shall include the following:
(1) An evaluation of the health status of
minorities in this State.
(2) An evaluation of minority access to health care
in this State.
(3) Recommendations for improving the health status
of minorities in this State.
(4) Recommendations for increasing minority access
to health care in this State.
(5) Recommendations for increasing minority
participation in the procurement policies of the health
care industry.
(6) Recommendations for increasing the number of
minority health professionals in this State.
(7) Recommendations that will ensure that the
health status of minorities in this State continues to be
addressed beyond the expiration of the Advisory Panel.
(Source: P.A. 89-298, eff. 1-1-96.)
Section 3. The Geriatric Medicine Assistance Act is
amended by changing Section 2 as follows:
(20 ILCS 3945/2) (from Ch. 144, par. 2002)
Sec. 2. There is created the Geriatric Medicine
Assistance Commission. The Commission shall receive and
approve applications for grants from schools, recognized by
the Department of Professional Regulation as being authorized
to confer doctor of medicine, doctor of osteopathy, doctor of
chiropractic or registered professional nursing degrees in
the State, to help finance the establishment of geriatric
medicine programs within such schools. In determining
eligibility for grants, the Commission shall give preference
to those programs which exhibit the greatest potential for
directly benefiting the largest number of elderly citizens in
the State. The Commission may not approve the application of
any institution which is unable to demonstrate its current
financial stability and reasonable prospects for future
stability. No institution which fails to possess and maintain
an open policy with respect to race, creed, color and sex as
to admission of students, appointment of faculty and
employment of staff shall be eligible for grants under this
Act. The Commission shall establish such rules and standards
as it deems necessary for the implementation of this Act.
The Commission shall be composed of 8 members selected as
follows: 2 physicians licensed to practice under the Medical
Practice Act of 1987 and specializing in geriatric medicine;
a registered professional nurse licensed under the Illinois
Nursing and Advanced Practice Nursing Act of 1987 and
specializing in geriatric health care medicine; 2
representatives of organizations interested in geriatric
medicine or the care of the elderly; and 3 individuals 60 or
older who are interested in geriatric health care medicine or
the care of the elderly. The members of the Commission shall
be selected by the Governor from a list of recommendations
submitted to him by organizations concerned with geriatric
medicine or the care of the elderly.
The terms of the members of the Commission shall be 4
years, except that of the members initially appointed, 2
shall be designated to serve until January 1, 1986, 3 until
January 1, 1988, and 2 until January 1, 1990. Members of the
Commission shall receive no compensation, but shall be
reimbursed for actual expenses incurred in carrying out their
duties.
(Source: P.A. 85-1209.)
Section 4. The Baccalaureate Assistance Law for
Registered Nurses is amended by changing Section 3 as
follows:
(110 ILCS 915/3) (from Ch. 144, par. 1403)
Sec. 3. Definitions. The following terms, whenever used
or referred to, have the following meanings except where the
context clearly indicates otherwise:
(a) "Board" means: the Board of Higher Education created
by "An Act creating a Board of Higher Education, defining its
powers and duties, making an appropriation therefor, and
repealing an Act therein named", approved August 22, 1961, as
now or hereafter amended.
(b) "Department" means: the Illinois Department of
Public Health.
(c) "Approved institution" means: a college or
university located in this State which has National League
for Nursing accreditation for the baccalaureate degree
program in nursing.
(d) "Enrollment" means: the establishment and
maintenance of an individual's status as a student in an
approved institution, regardless of the terms used at the
institution to describe such status.
(e) "Academic year" means: the period of time from
September 1 of one year through August 31 of the next year.
(f) "Registered Nurse" or "professional nurse" means: a
nurse holding a valid existing license in good standing as a
registered professional nurse issued by the Department of
Professional Regulation under the Illinois Nursing and
Advanced Practice Nursing Act of 1987.
(g) "Regions" means: the official and uniform state
planning and administrative regions established by the
Governor by Executive Order No. 7, dated June 22, 1971, as
amended.
(h) "Director" means: the Director of the Illinois
Department of Public Health.
(Source: P.A. 85-1209.)
Section 5. The Nursing Education Scholarship Law is
amended by changing Section 6 as follows:
(110 ILCS 975/6) (from Ch. 144, par. 2756)
Sec. 6. Nursing requirements for scholarship recipients.
Upon graduation from an associate degree or hospital
based program in professional nursing, baccalaureate degree
in nursing program, or other program or course of study any
person who accepted a scholarship under Section 5 shall,
during the 7 year period immediately following his or her
graduation, be employed in this State as a registered
professional nurse or licensed practical nurse, as each term
defined in the Illinois Nursing and Advanced Practice Nursing
Act of 1987, for at least one year for each year of full-time
scholarship support received. If the recipient spends up to
4 years in military service before or after he or she
graduates, the period of military service shall be excluded
from the computation of that 7 year period. A recipient who
is enrolled in an academic program leading to a graduate
degree in nursing shall have the period of graduate study
excluded from the computation of that 7 year period.
Calendar years of required employment will be
proportionally reduced for less than full academic year
scholarship support; provided that employment must be at
least 17.5 hours per week.
Any person who fails to fulfill the nursing employment
requirement shall pay to the Department an amount equal to
the amount of scholarship funds received per year for each
unfulfilled year of the nursing employment requirement,
together with interest at 7% per year on the unpaid balance.
All repayments must be completed within 6 years from the date
of the occurrence initiating the repayment. However, this
obligation to repay does not apply when the failure to
fulfill the nursing requirement results from involuntarily
leaving the profession due to a decrease in the number of
nurses employed in the State or from the death or
adjudication as incompetent of the person holding the
scholarship. No claim for repayment may be filed against the
estate of such a decedent or incompetent.
Each person applying for such a scholarship shall be
provided with a copy of this Section at the time he or she
applies for the benefits of such scholarship.
(Source: P.A. 86-1467; 87-577.)
Section 6. The Academic Degree Act is amended by
changing Section 11 as follows:
(110 ILCS 1010/11) (from Ch. 144, par. 241)
Sec. 11. Exemptions. This Act shall not apply to any
school or educational institution regulated or approved under
the Illinois Nursing and Advanced Practice Nursing Act of
1987, as heretofore and hereafter amended.
This Act shall not apply to any of the following:
(a) in-training programs by corporations or other
business organizations for the training of their personnel;
(b) education or other improvement programs by business,
trade and similar organizations and associations for the
benefit of their members only; or
(c) apprentice or other training programs by labor
unions.
(Source: P.A. 85-1209.)
Section 7. The Ambulatory Surgical Treatment Center Act
is amended by adding Section 6.5 as follows:
(210 ILCS 5/6.5 new)
Sec. 6.5. Clinical privileges; advanced practice nurses.
No policy, rule, regulation, or practice of an ambulatory
surgical treatment center licensed under this Act shall be
inconsistent with the provision of adequate collaboration,
including medical direction of licensed advanced practice
nurses, in accordance with Section 54.5 of the Medical
Practice Act of 1987.
Section 8. The Illinois Clinical Laboratory and Blood
Bank Act is amended by changing Section 7-101 as follows:
(210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
Sec. 7-101. Examination of specimens. A clinical
laboratory shall examine specimens only at the request of (i)
a licensed physician, (ii) a licensed dentist, (iii) a
licensed podiatrist, (iv) a therapeutic optometrist for
diagnostic or therapeutic purposes related to the use of
diagnostic topical or therapeutic ocular pharmaceutical
agents, as defined in subsections (c) and (d) of Section 15.1
of the Illinois Optometric Practice Act of 1987, (v) a
licensed physician assistant in accordance with the written
guidelines required under subdivision (3) of Section 4 and
under Section 7.5 of the Physician Assistant Practice Act of
1987, (v-A) an advanced practice nurse in accordance with
the written collaborative agreement required under Section
15-15 of the Nursing and Advanced Practice Nursing Act, or
(vi) an authorized law enforcement agency or, in the case of
blood alcohol, at the request of the individual for whom the
test is to be performed in compliance with Sections 11-501
and 11-501.1 of the Illinois Vehicle Code. If the request
to a laboratory is oral, the physician or other authorized
person shall submit a written request to the laboratory
within 48 hours. If the laboratory does not receive the
written request within that period, it shall note that fact
in its records.
(Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;
revised 10-23-97.)
Section 9. The Life Care Facilities Act is amended by
changing Section 2 as follows:
(210 ILCS 40/2) (from Ch. 111 1/2, par. 4160-2)
Sec. 2. As used in this Act, unless the context
otherwise requires:
(a) "Department" means the Department of Public Health.
(b) "Director" means the Director of the Department.
(c) "Life care contract" means a contract to provide to
a person for the duration of such person's life or for a term
in excess of one year, nursing services, medical services or
personal care services, in addition to maintenance services
for such person in a facility, conditioned upon the transfer
of an entrance fee to the provider of such services in
addition to or in lieu of the payment of regular periodic
charges for the care and services involved.
(d) "Provider" means a person who provides services
pursuant to a life care contract.
(e) "Resident" means a person who enters into a life
care contract with a provider, or who is designated in a life
care contract to be a person provided with maintenance and
nursing, medical or personal care services.
(f) "Facility" means a place or places in which a
provider undertakes to provide a resident with nursing
services, medical services or personal care services, in
addition to maintenance services for a term in excess of one
year or for life pursuant to a life care contract. The term
also means a place or places in which a provider undertakes
to provide such services to a non-resident.
(g) "Living unit" means an apartment, room or other area
within a facility set aside for the exclusive use of one or
more identified residents.
(h) "Entrance fee" means an initial or deferred transfer
to a provider of a sum of money or property, made or promised
to be made by a person entering into a life care contract,
which assures a resident of services pursuant to a life care
contract.
(i) "Permit" means a written authorization to enter into
life care contracts issued by the Department to a provider.
(j) "Medical services" means those services pertaining
to medical or dental care that are performed in behalf of
patients at the direction of a physician licensed under the
Medical Practice Act of 1987 or a dentist licensed under "the
Illinois Dental Practice Act" by such physicians or dentists,
or by a registered or licensed practical nurse as defined in
the Illinois Nursing and Advanced Practice Nursing Act of
1987 or by other professional and technical personnel.
(k) "Nursing services" means those services pertaining
to the curative, restorative and preventive aspects of
nursing care that are performed at the direction of a
physician licensed under the Medical Practice Act of 1987 by
or under the supervision of a registered or licensed
practical nurse as defined in the Illinois Nursing and
Advanced Practice Nursing Act of 1987.
(l) "Personal care services" means assistance with
meals, dressing, movement, bathing or other personal needs or
maintenance, or general supervision and oversight of the
physical and mental well-being of an individual, who is
incapable of maintaining a private, independent residence or
who is incapable of managing his person whether or not a
guardian has been appointed for such individual.
(m) "Maintenance services" means food, shelter and
laundry services.
(n) "Certificates of Need" means those permits issued
pursuant to the Illinois Health Facilities Planning Act as
now or hereafter amended.
(o) "Non-resident" means a person admitted to a facility
who has not entered into a life care contract.
(Source: P.A. 85-1440.)
Section 10. The Nursing Home Care Act is amended by
changing Section 1-118 as follows:
(210 ILCS 45/1-118) (from Ch. 111 1/2, par. 4151-118)
Sec. 1-118. "Nurse" means a registered nurse or a
licensed practical nurse as defined in the Illinois Nursing
and Advanced Practice Nursing Act of 1987, as now or
hereafter amended.
(Source: P.A. 85-1209)
Section 11. The Emergency Medical Services (EMS) Systems
Act is amended by changing Section 3.80 as follows:
(210 ILCS 50/3.80)
Sec. 3.80. Pre-Hospital RN and Emergency Communications
Registered Nurse.
(a) Emergency Communications Registered Nurse or "ECRN"
means a registered professional nurse, licensed under the
Illinois Nursing and Advanced Practice Nursing Act of 1987
who has successfully completed supplemental education in
accordance with rules adopted by the Department, and who is
approved by an EMS Medical Director to monitor
telecommunications from and give voice orders to EMS System
personnel, under the authority of the EMS Medical Director
and in accordance with System protocols.
Upon the effective date of this amendatory Act of 1995,
all existing Registered Professional Nurse/MICNs shall be
considered ECRNs.
(b) "Pre-Hospital Registered Nurse" or "Pre-Hospital RN"
means a registered professional nurse, licensed under the
Illinois Nursing and Advanced Practice Nursing Act of 1987
who has successfully completed supplemental education in
accordance with rules adopted by the Department pursuant to
this Act, and who is approved by an EMS Medical Director to
practice within an EMS System as emergency medical services
personnel for pre-hospital and inter-hospital emergency care
and non-emergency medical transports.
Upon the effective date of this amendatory Act of 1995,
all existing Registered Professional Nurse/Field RNs shall be
considered Pre-Hospital RNs.
(c) The Department shall have the authority and
responsibility to:
(1) Prescribe education and continuing education
requirements for Pre-Hospital RN and ECRN candidates
through rules adopted pursuant to this Act:
(A) Education for Pre-Hospital RN shall
include extrication, telecommunications, and
pre-hospital cardiac and trauma care;
(B) Education for ECRN shall include
telecommunications, System standing medical orders
and the procedures and protocols established by the
EMS Medical Director;
(C) A Pre-Hospital RN candidate who is
fulfilling clinical training and in-field supervised
experience requirements may perform prescribed
procedures under the direct supervision of a
physician licensed to practice medicine in all of
its branches, a qualified registered professional
nurse or a qualified EMT, only when authorized by
the EMS Medical Director;
(D) An EMS Medical Director may impose
in-field supervised field experience requirements on
System ECRNs as part of their training or continuing
education, in which they perform prescribed
procedures under the direct supervision of a
physician licensed to practice medicine in all of
its branches, a qualified registered professional
nurse or qualified EMT, only when authorized by the
EMS Medical Director;
(2) Require EMS Medical Directors to reapprove
Pre-Hospital RNs and ECRNs every 4 years, based on
compliance with continuing education requirements
prescribed by the Department through rules adopted
pursuant to this Act;
(3) Allow EMS Medical Directors to grant inactive
status to any Pre-Hospital RN or ECRN who qualifies,
based on standards and procedures established by the
Department in rules adopted pursuant to this Act;
(4) Require a Pre-Hospital RN to honor Do Not
Resuscitate (DNR) orders and powers of attorney for
health care only in accordance with rules adopted by the
Department pursuant to this Act and protocols of the EMS
System in which he or she practices.
(Source: P.A. 89-177, eff. 7-19-95.)
Section 12. The Hospice Program Licensing Act is amended
by changing Section 3 as follows:
(210 ILCS 60/3) (from Ch. 111 1/2, par. 6103)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Bereavement" means the period of time during which
the hospice patient's family experiences and adjusts to the
death of the hospice patient.
(b) "Department" means the Illinois Department of Public
Health.
(c) "Director" means the Director of the Illinois
Department of Public Health.
(d) "Full hospice" means a coordinated program of home
and inpatient care providing directly, or through agreement,
palliative and supportive medical, health and other services
to terminally ill patients and their families. A full
hospice utilizes a medically directed interdisciplinary
hospice care team of professionals and volunteers. The
program provides care to meet the physical, psychological,
social, spiritual and other special needs which are
experienced during the final stages of illness and during
dying and bereavement. Home care is to be provided on a
part-time, intermittent, regularly scheduled basis, and on an
on-call around-the-clock basis according to patient and
family need. To the maximum extent possible, care shall be
furnished in the patient's home. Should in-patient care be
required, services are to be provided with the intent of
minimizing the length of such care and shall only be provided
in a hospital licensed under the Hospital Licensing Act, or a
skilled nursing facility licensed under the Nursing Home Care
Act.
(e) "Hospice care team" means an interdisciplinary
working unit composed of but not limited to a physician
licensed to practice medicine in all of its branches, a nurse
licensed pursuant to the Illinois Nursing and Advanced
Practice Nursing Act of 1987, a social worker, a pastoral or
other counselor, and trained volunteers. The patient and the
patient's family are considered members of the hospice care
team when development or revision of the patient's plan of
care takes place.
(f) "Hospice patient" means a terminally ill person
receiving hospice services.
(g) "Hospice patient's family" means a hospice patient's
immediate family consisting of a spouse, sibling, child,
parent and those individuals designated as such by the
patient for the purposes of this Act.
(g-1) "Hospice residence" means a home, apartment
building, or similar building providing living quarters:
(1) that is owned or operated by a person licensed
to operate as a full hospice; and
(2) at which hospice services are provided to
facility residents.
A building that is licensed under the Hospital Licensing
Act or the Nursing Home Care Act is not a hospice residence.
(h) "Hospice services" means palliative and supportive
care provided to a hospice patient and his family to meet the
special need arising out of the physical, emotional,
spiritual and social stresses which are experienced during
the final stages of illness and during dying and bereavement.
Services provided to the terminally ill patient shall be
furnished, to the maximum extent possible, in the patient's
home. Should inpatient care be required, services are to be
provided with the intent of minimizing the length of such
care.
(i) "Palliative care" means treatment to provide for the
reduction or abatement of pain and other troubling symptoms,
rather than treatment aimed at investigation and intervention
for the purpose of cure or inappropriate prolongation of
life.
(j) "Hospice service plan" means a plan detailing the
specific hospice services offered by a full or volunteer
hospice, and the administrative and direct care personnel
responsible for those services. The plan shall include but
not be limited to:
(1) Identification of the person or persons
administratively responsible for the program, and the
affiliation of such person or persons with a licensed
home health agency, hospital or nursing home.
(2) The estimated average monthly patient census.
(3) The proposed geographic area the hospice will
serve.
(4) A listing of those hospice services provided
directly by the hospice, and those hospice services
provided indirectly through a contractual agreement.
(5) The name and qualifications of those persons or
entities under contract to provide indirect hospice
services.
(6) The name and qualifications of those persons
providing direct hospice services, with the exception of
volunteers.
(7) A description of how the hospice plans to
utilize volunteers in the provision of hospice services.
(8) A description of the program's record keeping
system.
(k) "Terminally ill" means a medical prognosis by a
physician licensed to practice medicine in all of its
branches that a patient has an anticipated life expectancy of
6 months or less.
(l) "Volunteer" means a person who offers his or her
services to a hospice without compensation. Reimbursement
for a volunteer's expenses in providing hospice service shall
not be considered compensation.
(m) "Volunteer hospice" means a program which provides
hospice services to patients regardless of their ability to
pay, with emphasis on the utilization of volunteers to
provide services, under the administration of a
not-for-profit agency. This definition does not prohibit the
employment of staff.
(Source: P.A. 89-278, eff. 8-10-95.)
Section 13. The Hospital Licensing Act is amended by
changing Section 10 as follows:
(210 ILCS 85/10) (from Ch. 111 1/2, par. 151)
Sec. 10. Board creation; Department rules.
(a) The Governor shall appoint a Hospital Licensing Board
composed of 14 persons, which shall advise and consult with
the Director in the administration of this Act. The
Secretary of Human Services (or his or her designee) shall
serve on the Board, along with one additional representative
of the Department of Human Services to be designated by the
Secretary. Four appointive members shall represent the
general public and 2 of these shall be members of hospital
governing boards; one appointive member shall be a registered
professional nurse or advanced practice nurse as defined in
the Illinois Nursing and Advanced Practice Nursing Act of
1987, as now or hereafter amended, who is employed in a
hospital; 3 appointive members shall be hospital
administrators actively engaged in the supervision or
administration of hospitals; 2 appointive members shall be
practicing physicians, licensed in Illinois to practice
medicine in all of its branches; and one appointive member
shall be a physician licensed to practice podiatric medicine
under the Podiatric Medical Practice Act of 1987; and one
appointive member shall be a dentist licensed to practice
dentistry under the "Illinois Dental Practice Act", approved
September 14, 1985, as amended. In making Board appointments,
the Governor shall give consideration to recommendations made
through the Director by professional organizations concerned
with hospital administration for the hospital administrative
and governing board appointments, registered professional
nurse organizations for the registered professional nurse
appointment, professional medical organizations for the
physician appointments, and professional dental organizations
for the dentist appointment.
(b) Each appointive member shall hold office for a term
of 3 years, except that any member appointed to fill a
vacancy occurring prior to the expiration of the term for
which his predecessor was appointed shall be appointed for
the remainder of such term and the terms of office of the
members first taking office shall expire, as designated at
the time of appointment, 2 at the end of the first year, 2 at
the end of the second year, and 3 at the end of the third
year, after the date of appointment. The initial terms of
office of the 2 additional members representing the general
public provided for in this Section shall expire at the end
of the third year after the date of appointment. The term of
office of each original appointee shall commence July 1,
1953; the term of office of the original registered
professional nurse appointee shall commence July 1, 1969; the
term of office of the original licensed podiatrist appointee
shall commence July 1, 1981; the term of office of the
original dentist appointee shall commence July 1, 1987; and
the term of office of each successor shall commence on July 1
of the year in which his predecessor's term expires. Board
members, while serving on business of the Board, shall
receive actual and necessary travel and subsistence expenses
while so serving away from their places of residence. The
Board shall meet as frequently as the Director deems
necessary, but not less than once a year. Upon request of 5
or more members, the Director shall call a meeting of the
Board.
(c) The Director shall prescribe rules, regulations,
standards, and statements of policy needed to implement,
interpret, or make specific the provisions and purposes of
this Act. The Department shall adopt rules which set forth
standards for determining when the public interest, safety or
welfare requires emergency action in relation to termination
of a research program or experimental procedure conducted by
a hospital licensed under this Act. No rule, regulation, or
standard shall be adopted by the Department concerning the
operation of hospitals licensed under this Act which has not
had prior approval of the Hospital Licensing Board, nor shall
the Department adopt any rule, regulation or standard
relating to the establishment of a hospital without
consultation with the Hospital Licensing Board.
(d) Within one year after the effective date of this
amendatory Act of 1984, all hospitals licensed under this Act
and providing perinatal care shall comply with standards of
perinatal care promulgated by the Department. The Director
shall promulgate rules or regulations under this Act which
are consistent with "An Act relating to the prevention of
developmental disabilities", approved September 6, 1973, as
amended.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 14. The Hospital Licensing Act is amended by
adding Section 10.7 as follows:
(210 ILCS 85/10.7 new)
Sec. 10.7. Clinical privileges; advanced practice
registered nurses. No policy, rule, regulation, or practice
of a hospital licensed under this Act shall be inconsistent
with the provision of adequate collaboration, including
medical direction of licensed advanced practice nurses, in
accordance with Section 54.5 of the Medical Practice Act of
1987.
Section 15. The Health Care Worker Self-Referral Act is
amended by changing Section 15 as follows:
(225 ILCS 47/15)
Sec. 15. Definitions. In this Act:
(a) "Board" means the Health Facilities Planning Board.
(b) "Entity" means any individual, partnership, firm,
corporation, or other business that provides health services
but does not include an individual who is a health care
worker who provides professional services to an individual.
(c) "Group practice" means a group of 2 or more health
care workers legally organized as a partnership, professional
corporation, not-for-profit corporation, faculty practice
plan or a similar association in which:
(1) each health care worker who is a member or
employee or an independent contractor of the group
provides substantially the full range of services that
the health care worker routinely provides, including
consultation, diagnosis, or treatment, through the use of
office space, facilities, equipment, or personnel of the
group;
(2) the services of the health care workers are
provided through the group, and payments received for
health services are treated as receipts of the group; and
(3) the overhead expenses and the income from the
practice are distributed by methods previously determined
by the group.
(d) "Health care worker" means any individual licensed
under the laws of this State to provide health services,
including but not limited to: dentists licensed under the
Illinois Dental Practice Act; dental hygienists licensed
under the Illinois Dental Practice Act; nurses and advanced
practice nurses licensed under the Illinois Nursing and
Advanced Practice Nursing Act of 1987; occupational
therapists licensed under the Illinois Occupational Therapy
Practice Act; optometrists licensed under the Illinois
Optometric Practice Act of 1987; pharmacists licensed under
the Pharmacy Practice Act of 1987; physical therapists
licensed under the Illinois Physical Therapy Act; physicians
licensed under the Medical Practice Act of 1987; physician
assistants licensed under the Physician Assistant Practice
Act of 1987; podiatrists licensed under the Podiatric Medical
Practice Act of 1987; clinical psychologists licensed under
the Clinical Psychologist Licensing Act; clinical social
workers licensed under the Clinical Social Work and Social
Work Practice Act; speech-language pathologists and
audiologists licensed under the Illinois Speech-Language
Pathology and Audiology Practice Act; or hearing instrument
dispensers licensed under the Hearing Instrument Consumer
Protection Act, or any of their successor Acts.
(e) "Health services" means health care procedures and
services provided by or through a health care worker.
(f) "Immediate family member" means a health care
worker's spouse, child, child's spouse, or a parent.
(g) "Investment interest" means an equity or debt
security issued by an entity, including, without limitation,
shares of stock in a corporation, units or other interests in
a partnership, bonds, debentures, notes, or other equity
interests or debt instruments except that investment interest
for purposes of Section 20 does not include interest in a
hospital licensed under the laws of the State of Illinois.
(h) "Investor" means an individual or entity directly or
indirectly owning a legal or beneficial ownership or
investment interest, (such as through an immediate family
member, trust, or another entity related to the investor).
(i) "Office practice" includes the facility or
facilities at which a health care worker, on an ongoing
basis, provides or supervises the provision of professional
health services to individuals.
(j) "Referral" means any referral of a patient for
health services, including, without limitation:
(1) The forwarding of a patient by one health care
worker to another health care worker or to an entity
outside the health care worker's office practice or group
practice that provides health services.
(2) The request or establishment by a health care
worker of a plan of care outside the health care worker's
office practice or group practice that includes the
provision of any health services.
(Source: P.A. 89-72, eff. 12-31-95.)
Section 16. The Medical Practice Act of 1987 is amended
by changing Sections 20 and 22 and adding Section 54.5 as
follows:
(225 ILCS 60/20) (from Ch. 111, par. 4400-20)
Sec. 20. Continuing education. The Department shall
promulgate rules of continuing education for persons licensed
under this Act that require 150 50 hours of continuing
education per license renewal cycle each year. These rules
shall be consistent with requirements of relevant
professional associations, speciality societies, or boards.
The rules shall also address variances for illness or
hardship. In establishing these rules, the Department shall
consider educational requirements for medical staffs,
requirements for specialty society board certification or for
continuing education requirements as a condition of
membership in societies representing the 2 categories of
licensee under this Act. These rules shall assure that
licensees are given the opportunity to participate in those
programs sponsored by or through their professional
associations or hospitals which are relevant to their
practice. Each licensee is responsible for maintaining
records of completion of continuing education and shall be
prepared to produce the records when requested by the
Department.
(Source: P.A. 89-702, eff. 7-1-97.)
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on
probationary status, or take any other disciplinary action as
the Department may deem proper with regard to the license or
visiting professor permit of any person issued under this Act
to practice medicine, or to treat human ailments without the
use of drugs and without operative surgery upon any of the
following grounds:
(1) Performance of an elective abortion in any
place, locale, facility, or institution other than:
(a) a facility licensed pursuant to the
Ambulatory Surgical Treatment Center Act;
(b) an institution licensed under the Hospital
Licensing Act; or
(c) an ambulatory surgical treatment center or
hospitalization or care facility maintained by the
State or any agency thereof, where such department
or agency has authority under law to establish and
enforce standards for the ambulatory surgical
treatment centers, hospitalization, or care
facilities under its management and control; or
(d) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by the
Federal Government; or
(e) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by any
university or college established under the laws of
this State and supported principally by public funds
raised by taxation.
(2) Performance of an abortion procedure in a
wilful and wanton manner on a woman who was not pregnant
at the time the abortion procedure was performed.
(3) The conviction of a felony in this or any other
jurisdiction, except as otherwise provided in subsection
B of this Section, whether or not related to practice
under this Act, or the entry of a guilty or nolo
contendere plea to a felony charge.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or
of any other substances which results in the inability to
practice with reasonable judgment, skill or safety.
(8) Practicing under a false or, except as provided
by law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement
regarding their skill or the efficacy or value of the
medicine, treatment, or remedy prescribed by them at
their direction in the treatment of any disease or other
condition of the body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Disciplinary action of another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy,
doctor of osteopathic medicine or doctor of chiropractic,
a certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence
thereof.
(13) Violation of any provision of this Act or of
the Medical Practice Act prior to the repeal of that Act,
or violation of the rules, or a final administrative
action of the Director, after consideration of the
recommendation of the Disciplinary Board.
(14) Dividing with anyone other than physicians
with whom the licensee practices in a partnership,
Professional Association, limited liability company, or
Medical or Professional Corporation any fee, commission,
rebate or other form of compensation for any professional
services not actually and personally rendered. Nothing
contained in this subsection prohibits persons holding
valid and current licenses under this Act from practicing
medicine in partnership under a partnership agreement,
including a limited liability partnership, in a limited
liability company under the Limited Liability Company
Act, in a corporation authorized by the Medical
Corporation Act, as an association authorized by the
Professional Association Act, or in a corporation under
the Professional Corporation Act or from pooling,
sharing, dividing or apportioning the fees and monies
received by them or by the partnership, corporation or
association in accordance with the partnership agreement
or the policies of the Board of Directors of the
corporation or association. Nothing contained in this
subsection prohibits 2 or more corporations authorized by
the Medical Corporation Act, from forming a partnership
or joint venture of such corporations, and providing
medical, surgical and scientific research and knowledge
by employees of these corporations if such employees are
licensed under this Act, or from pooling, sharing,
dividing, or apportioning the fees and monies received by
the partnership or joint venture in accordance with the
partnership or joint venture agreement. Nothing
contained in this subsection shall abrogate the right of
2 or more persons, holding valid and current licenses
under this Act, to each receive adequate compensation for
concurrently rendering professional services to a patient
and divide a fee; provided, the patient has full
knowledge of the division, and, provided, that the
division is made in proportion to the services performed
and responsibility assumed by each.
(15) A finding by the Medical Disciplinary Board
that the registrant after having his or her license
placed on probationary status or subjected to conditions
or restrictions violated the terms of the probation or
failed to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking or agreeing to cure or
treat disease by a secret method, procedure, treatment or
medicine, or the treating, operating or prescribing for
any human condition by a method, means or procedure which
the licensee refuses to divulge upon demand of the
Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Wilfully making or filing false records or
reports in his or her practice as a physician, including,
but not limited to, false records to support claims
against the medical assistance program of the Department
of Public Aid under the Illinois Public Aid Code.
(22) Wilful omission to file or record, or wilfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or wilfully failing to report an
instance of suspected abuse or neglect as required by
law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and wilful and continued overcharging
for professional services, including filing false
statements for collection of fees for which services are
not rendered, including, but not limited to, filing such
false statements for collection of monies for services
not rendered from the medical assistance program of the
Department of Public Aid under the Illinois Public Aid
Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in
the inability to practice under this Act with reasonable
judgment, skill or safety.
(28) Physical illness, including, but not limited
to, deterioration through the aging process, or loss of
motor skill which results in a physician's inability to
practice under this Act with reasonable judgment, skill
or safety.
(29) Cheating on or attempt to subvert the
licensing examinations administered under this Act.
(30) Wilfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances.
(34) Failure to report to the Department any
adverse final action taken against them by another
licensing jurisdiction (any other state or any territory
of the United States or any foreign state or country), by
any peer review body, by any health care institution, by
any professional society or association related to
practice under this Act, by any governmental agency, by
any law enforcement agency, or by any court for acts or
conduct similar to acts or conduct which would constitute
grounds for action as defined in this Section.
(35) Failure to report to the Department surrender
of a license or authorization to practice as a medical
doctor, a doctor of osteopathy, a doctor of osteopathic
medicine, or doctor of chiropractic in another state or
jurisdiction, or surrender of membership on any medical
staff or in any medical or professional association or
society, while under disciplinary investigation by any of
those authorities or bodies, for acts or conduct similar
to acts or conduct which would constitute grounds for
action as defined in this Section.
(36) Failure to report to the Department any
adverse judgment, settlement, or award arising from a
liability claim related to acts or conduct similar to
acts or conduct which would constitute grounds for action
as defined in this Section.
(37) Failure to transfer copies of medical records
as required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice
is required under the Parental Notice of Abortion Act of
1995.
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
nurses resulting in an inability to adequately
collaborate and provide medical direction.
(43) Repeated failure to adequately collaborate
with or provide medical direction to a licensed advanced
practice nurse.
All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the
Department may deem proper, with regard to a license on any
of the foregoing grounds, must be commenced within 3 years
next after receipt by the Department of a complaint alleging
the commission of or notice of the conviction order for any
of the acts described herein. Except for the grounds
numbered (8), (9) and (29), no action shall be commenced more
than 5 years after the date of the incident or act alleged to
have violated this Section. In the event of the settlement
of any claim or cause of action in favor of the claimant or
the reduction to final judgment of any civil action in favor
of the plaintiff, such claim, cause of action or civil action
being grounded on the allegation that a person licensed under
this Act was negligent in providing care, the Department
shall have an additional period of one year from the date of
notification to the Department under Section 23 of this Act
of such settlement or final judgment in which to investigate
and commence formal disciplinary proceedings under Section 36
of this Act, except as otherwise provided by law. The time
during which the holder of the license was outside the State
of Illinois shall not be included within any period of time
limiting the commencement of disciplinary action by the
Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based
upon a finding by the Medical Disciplinary Board that they
have been determined to be recovered from mental illness by
the court and upon the Disciplinary Board's recommendation
that they be permitted to resume their practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file
a return, or to pay the tax, penalty or interest shown in a
filed return, or to pay any final assessment of tax, penalty
or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined
by the Illinois Department of Revenue.
The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth
standards to be used in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the
commission of any act, including, but not limited to,
commission of an act of sexual misconduct related to the
licensee's practice; and
(d) what constitutes gross negligence in the
practice of medicine.
However, no such rule shall be admissible into evidence
in any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Medical Disciplinary
Board, upon a showing of a possible violation, may compel any
individual licensed to practice under this Act, or who has
applied for licensure or a permit pursuant to this Act, to
submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The
examining physician or physicians shall be those specifically
designated by the Disciplinary Board. The Medical
Disciplinary Board or the Department may order the examining
physician to present testimony concerning this mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communication between the
licensee or applicant and the examining physician. The
individual to be examined may have, at his or her own
expense, another physician of his or her choice present
during all aspects of the examination. Failure of any
individual to submit to mental or physical examination, when
directed, shall be grounds for suspension of his or her
license until such time as the individual submits to the
examination if the Disciplinary Board finds, after notice and
hearing, that the refusal to submit to the examination was
without reasonable cause. If the Disciplinary Board finds a
physician unable to practice because of the reasons set forth
in this Section, the Disciplinary Board shall require such
physician to submit to care, counseling, or treatment by
physicians approved or designated by the Disciplinary Board,
as a condition for continued, reinstated, or renewed
licensure to practice. Any physician, whose license was
granted pursuant to Sections 9, 17, or 19 of this Act, or,
continued, reinstated, renewed, disciplined or supervised,
subject to such terms, conditions or restrictions who shall
fail to comply with such terms, conditions or restrictions,
or to complete a required program of care, counseling, or
treatment, as determined by the Chief Medical Coordinator or
Deputy Medical Coordinators, shall be referred to the
Director for a determination as to whether the licensee shall
have their license suspended immediately, pending a hearing
by the Disciplinary Board. In instances in which the
Director immediately suspends a license under this Section, a
hearing upon such person's license must be convened by the
Disciplinary Board within 15 days after such suspension and
completed without appreciable delay. The Disciplinary Board
shall have the authority to review the subject physician's
record of treatment and counseling regarding the impairment,
to the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
An individual licensed under this Act, affected under
this Section, shall be afforded an opportunity to demonstrate
to the Disciplinary Board that they can resume practice in
compliance with acceptable and prevailing standards under the
provisions of their license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $5,000 for each
violation of this Act. Fines may be imposed in conjunction
with other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out
of conduct resulting in death or injury to a patient. Any
funds collected from such fines shall be deposited in the
Medical Disciplinary Fund.
(B) The Department shall revoke the license or visiting
permit of any person issued under this Act to practice
medicine or to treat human ailments without the use of drugs
and without operative surgery, who has been convicted a
second time of committing any felony under the Illinois
Controlled Substances Act, or who has been convicted a second
time of committing a Class 1 felony under Sections 8A-3 and
8A-6 of the Illinois Public Aid Code. A person whose license
or visiting permit is revoked under this subsection B of
Section 22 of this Act shall be prohibited from practicing
medicine or treating human ailments without the use of drugs
and without operative surgery.
(C) The Medical Disciplinary Board shall recommend to
the Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice
as required under the Parental Notice of Abortion Act of
1995. Upon the Board's recommendation, the Department shall
impose, for the first violation, a civil penalty of $1,000
and for a second or subsequent violation, a civil penalty of
$5,000.
(Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
89-626, eff. 8-9-96; 89-702, eff. 7-1-97.)
(225 ILCS 60/54.5 new)
Sec. 54.5. Physician delegation of authority.
(a) Physicians licensed to practice medicine in all its
branches may delegate care and treatment responsibilities to
a physician assistant under guidelines in accordance with the
requirements of the Physician Assistant Practice Act of
1987. A physician licensed to practice medicine in all its
branches may enter into supervising physician agreements with
no more than 2 physician assistants.
(b) A physician licensed to practice medicine in all its
branches in active clinical practice may collaborate with an
advanced practice nurse in accordance with the requirements
of Title 15 of the Nursing and Advanced Practice Nursing Act.
Collaboration is for the purpose of providing medical
direction, and no employment relationship is required. A
written collaborative agreement shall conform to the
requirements of Sections 15-15 and 15-20 of the Nursing and
Advanced Practice Nursing Act. The agreement shall be for
services the collaborating physician generally provides to
his or her patients in the normal course of clinical medical
practice. Physician medical direction shall be adequate with
respect to collaboration with certified nurse practitioners,
certified nurse midwives, and clinical nurse specialists if a
collaborating physician:
(1) participates in the joint formulation and joint
approval of orders or guidelines with the advanced
practice nurse and periodically reviews such orders and
the services provided patients under such orders in
accordance with accepted standards of medical practice
and advanced practice nursing practice;
(2) is on site at least once a month to provide
medical direction and consultation; and
(3) is available through telecommunications for
consultation on medical problems, complications, or
emergencies or patient referral.
(c) The supervising physician shall have access to the
medical records of all patients attended by a physician
assistant. The collaborating physician shall have access to
the medical records of all patients attended to by an
advanced practice nurse.
(d) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician licensed to
practice medicine in all its branches to a licensed practical
nurse, a registered professional nurse, or other personnel.
(e) A physician shall not be liable for the acts or
omissions of a physician assistant or advanced practice nurse
solely on the basis of having signed a supervision agreement
or guidelines or a collaborative agreement, an order, a
standing medical order, a standing delegation order, or other
order or guideline authorizing a physician assistant or
advanced practice nurse to perform acts, unless the physician
has reason to believe the physician assistant or advanced
practice nurse lacked the competency to perform the act or
acts or commits willful and wanton misconduct.
Section 17. The Illinois Nursing Act of 1987 is amended
by renumbering and changing Sections 1, 2, 3, 4, 4.1, 4.2,
4.5, 5, 5.1, 6, 7, 12, 14, 16, 17, 18, 21, 22, 23, 24, 26,
27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42,
43, 44, 45, 46, 47, 48, and 49 and adding Sections 10-10,
10-15, 10-40, 10-45, 10-50, 15-5, 15-10, 15-15, 15-20, 15-30,
15-35, 15-40, 15-45, 15-50, 15-55, 15-100, and 20-2 and new
Title headings as follows:
(225 ILCS 65/Title 5 heading new)
TITLE 5. GENERAL PROVISIONS
(225 ILCS 65/5-1, formerly 65/1)
Sec. 5-1. 1. This Article may be cited as the Illinois
Nursing and Advanced Practice Nursing Act, and throughout
this Article, references to this Act shall mean this Article
of 1987.
(Source: P.A. 85-981; 86-1475.)
(225 ILCS 65/5-5, formerly 65/2)
Sec. 5-5. 2. Legislative purpose. The practice of
professional and practical nursing in the State of Illinois
is hereby declared to affect the public health, safety, and
welfare and to be subject to regulation and control in the
public interest. It is further declared to be a matter of
public interest and concern that the practice of nursing, as
defined in this Act, merit and receive the confidence of the
public and that only qualified persons be authorized to so
practice in the State of Illinois. This Act shall be
liberally construed to best carry out these subjects and
purposes.
(Source: P.A. 85-981.)
(225 ILCS 65/5-10, formerly 65/3)
Sec. 5-10. 3. Definitions. Each of the following terms,
when used in this Act, shall have the meaning ascribed to it
in this Section, except where the context clearly indicates
otherwise:
(a) "Department" means the Department of Professional
Regulation.
(b) "Director" means the Director of Professional
Regulation.
(c) "Board" means the Board of Nursing appointed by the
Director.
(d) "Academic year" means the customary annual schedule
of courses at a college, university, or approved school,
customarily regarded as the school year as distinguished from
the calendar year.
(e) "Approved program of professional nursing education"
and "approved program of practical nursing education" are
programs of professional or practical nursing, respectively,
approved by the Department under the provisions of this Act.
(f) "Nursing Act Coordinator" means a registered
professional nurse appointed by the Director to carry out the
administrative policies of the Department.
(g) "Assistant Nursing Act Coordinator" means a
registered professional nurse appointed by the Director to
assist in carrying out the administrative policies of the
Department.
(h) "Registered" is the equivalent of "licensed".
(i) "Practical nurse" or "licensed practical nurse"
means a person who is licensed as a practical nurse under
this Act and practices practical nursing as defined in
paragraph (j) of this Section. Only a practical nurse
licensed under this Act is entitled to use the title
"licensed practical nurse" and the abbreviation "L.P.N.".
(j) "Practical nursing" means the performance of nursing
acts requiring the basic nursing knowledge, judgement, and
skill acquired by means of completion of an approved
practical nursing education program. Practical nursing
includes assisting in the nursing process as delegated by and
under the direction of a registered professional nurse. The
practical nurse may work under the direction of a licensed
physician, dentist, podiatrist, or other health care
professional determined by the Department.
(k) "Registered Nurse" or "Registered Professional
Nurse" means a person who is licensed as a professional nurse
under this Act and practices nursing as defined in paragraph
(l) of this Section. Only a registered nurse licensed under
this Act is entitled to use the titles "registered nurse" and
"registered professional nurse" and the abbreviation, "R.N.".
(l) "Registered professional nursing practice" includes
all nursing specialities and means the performance of any
nursing act based upon professional knowledge, judgment, and
skills acquired by means of completion of an approved
registered professional nursing education program. A
registered professional nurse provides nursing care
emphasizing the importance of the whole and the
interdependence of its parts through the nursing process to
individuals, groups, families, or communities, that includes
but is not limited to: (1) the assessment of healthcare
needs, nursing diagnosis, planning, implementation, and
nursing evaluation; (2) the promotion, maintenance, and
restoration of health; (3) counseling, patient education,
health education, and patient advocacy; (4) the
administration of medications and treatments as prescribed by
a physician licensed to practice medicine in all of its
branches, a licensed dentist, a licensed podiatrist, or a
licensed optometrist or as prescribed by a physician
assistant in accordance with written guidelines required
under the Physician Assistant Practice Act of 1987 or by an
advanced practice nurse in accordance with a written
collaborative agreement required under the Nursing and
Advanced Practice Nursing Act; (5) the coordination and
management of the nursing plan of care; (6) the delegation to
and supervision of individuals who assist the registered
professional nurse implementing the plan of care; and (7)
teaching and supervision of nursing students. in The
foregoing shall not be deemed to include those acts of
medical diagnosis or prescription of therapeutic or
corrective measures that are properly performed only by
physicians licensed in the State of Illinois.
(m) "Current nursing practice update course" means a
planned nursing education curriculum approved by the
Department consisting of activities that have educational
objectives, instructional methods, content or subject matter,
clinical practice, and evaluation methods, related to basic
review and updating content and specifically planned for
those nurses previously licensed in the United States or its
territories and preparing for reentry into nursing practice.
(n) "Professional assistance program for nurses" means a
professional assistance program that meets criteria
established by the Board of Committee on Nursing and approved
by the Director, which provides a non-disciplinary treatment
approach for nurses licensed under this Act whose ability to
practice is compromised by alcohol or chemical substance
addiction.
(Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
revised 8-12-97.)
(225 ILCS 65/5-15, formerly 65/4)
Sec. 5-15. 4. Policy; application of Act. For the
protection of life and the promotion of health, and the
prevention of illness and communicable diseases, any person
practicing or offering to practice professional and practical
nursing in Illinois shall submit evidence that he or she is
qualified to practice, and shall be licensed as provided
under this Act. No person shall practice or offer to
practice professional or practical nursing in Illinois or use
any title, sign, card or device to indicate that such a
person is practicing professional or practical nursing unless
such person has been licensed under the provisions of this
Act.
This Act does not prohibit the following:
(a) The practice of nursing in Federal employment in the
discharge of the employee's duties by a person who is
employed by the United States government or any bureau,
division or agency thereof and is a legally qualified and
licensed nurse of another state or territory and not in
conflict with Sections 10-5, 10-30, and 10-45 6, 12, and 25
of this Act.;
(b) Nursing that is included in their program of study
by students enrolled in programs of nursing or in current
nurse practice update courses approved by the Department.;
(c) The furnishing of nursing assistance in an
emergency.;
(d) The practice of nursing by a nurse who holds an
active license in another state when providing services to
patients in Illinois during a bonafide emergency or in
immediate preparation for or during interstate transit.;
(e) The incidental care of the sick by members of the
family, domestic servants or housekeepers, or care of the
sick where treatment is by prayer or spiritual means.;
(f) Persons from being employed as nursing aides,
attendants, orderlies, and other auxiliary workers in private
homes, long term care facilities, nurseries, hospitals or
other institutions.;
(g) The practice of practical nursing by one who has
applied in writing to the Department in form and substance
satisfactory to the Department, for a license as a licensed
practical nurse and who has complied with all the provisions
under Section 10-30 12, except the passing of an examination
to be eligible to receive such license, until: the decision
of the Department that the applicant has failed to pass the
next available examination authorized by the Department, or
has failed, without an approved excuse, to take the next
available examination authorized by the Department, or until
the withdrawal of the application, but not to exceed 3
months. No applicant for licensure practicing under the
provisions of this paragraph shall practice practical nursing
except under the direct supervision of a registered
professional nurse licensed under this Act or a licensed
physician, dentist or podiatrist. In no instance shall any
such applicant practice or be employed in any supervisory
capacity.;
(h) The practice of practical nursing by one who is a
licensed practical nurse under the laws of another U.S.
jurisdiction and has applied in writing to the Department, in
form and substance satisfactory to the Department, for a
license as a licensed practical nurse and who is qualified to
receive such license under Section 10-30 12, until: (1) the
expiration of 6 months after the filing of such written
application, or (2) the withdrawal of such application, or
(3) the denial of such application by the Department.;
(i) The practice of professional nursing by one who has
applied in writing to the Department in form and substance
satisfactory to the Department for a license as a registered
professional nurse and has complied with all the provisions
under Section 10-30 12 except the passing of an examination
to be eligible to receive such license, until: the decision
of the Department that the applicant has failed to pass the
next available examination authorized by the Department, or
has failed, without an approved excuse, to take the next
available examination authorized by the Department or until
the withdrawal of the application, but not to exceed 3
months. No applicant for licensure practicing under the
provisions of this paragraph shall practice professional
nursing except under the direct supervision of a registered
professional nurse licensed under this Act. In no instance
shall any such applicant practice or be employed in any
supervisory capacity.;
(j) The practice of professional nursing by one who is a
registered professional nurse under the laws of another
state, territory of the United States or country and has
applied in writing to the Department, in form and substance
satisfactory to the Department, for a license as a registered
professional nurse and who is qualified to receive such
license under Section 10-30 12, until: (1) the expiration
of 6 months after the filing of such written application, or
(2) the withdrawal of such application, or (3) the denial of
such application by the Department.;
(k) The practice of professional nursing that is
included in a program of study by one who is a registered
professional nurse under the laws of another state or
territory of the United States or foreign country, territory
or province and who is enrolled in a graduate nursing
education program or a program for the completion of a
baccalaureate nursing degree in this State, which program
includes clinical supervision by faculty as determined by the
educational institution offering the program and the health
care organization where the practice of nursing occurs. The
educational institution will file with the Department each
academic term a list of the names and origin of license of
all professional nurses practicing nursing as part of their
programs under this provision.; or
(l) Any person licensed in this State under any other
Act from engaging in the practice for which she or he is
licensed.
An applicant for license practicing under the exceptions
set forth in subparagraphs (g), (h), (i), and (j) of this
Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
Pend. respectively and no other.
(Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
revised 8-12-97.)
(225 ILCS 65/5-17, formerly 65/4.1)
Sec. 5-17. 4.1. Task Force. The Governor shall appoint
a task force to be convened by the Illinois Department of
Professional Regulation to study the roles, responsibilities,
training, competency, and supervision of persons who are
employed to assist a nurse, including nursing aides,
attendants, orderlies, and other auxiliary workers in private
homes, long term care facilities, nurseries, hospitals, and
other institutions. The purpose of the task force shall be
to determine if there is a need for regulation of such
persons by the Department.
The task force shall be comprised of 11 members. The
task force shall include one representative from the
Department of Professional Regulation, one representative
from the Department of Public Health, and 9 persons
representing various nursing and health care provider
organizations in Illinois, including, but not limited to, a
representative from the Illinois Nurses Association, Illinois
Organization of Nurse Leaders, Illinois Hospital and Health
Systems Association, Illinois Health Care Association,
Illinois Coalition of Nursing Organizations, Life Services
Network, Licensed Practical Nursing Association of Illinois,
Certified Nurse Aide Educators, and Illinois Homecare
Council.
The task force shall report its findings and
recommendations to the Governor by January 1, 1999.
(Source: P.A. 90-248, eff. 1-1-98.)
(225 ILCS 65/5-22, formerly 65/4.2)
Sec. 5-22. 4.2. Social Security Number on license
application. In addition to any other information required
to be contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
(Source: P.A. 90-144, eff. 7-23-97.)
(225 ILCS 65/5-20, formerly 65/4.5)
Sec. 5-20. 4.5. Unlicensed practice; violation; civil
penalty.
(a) Any person who practices, offers to practice,
attempts to practice, or holds oneself out to practice
nursing without being licensed under this Act shall, in
addition to any other penalty provided by law, pay a civil
penalty to the Department in an amount not to exceed $5,000
for each offense as determined by the Department. The civil
penalty shall be assessed by the Department after a hearing
is held in accordance with the provisions set forth in this
Act regarding the provision of a hearing for the discipline
of a licensee.
(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 89-474, eff. 6-18-96.)
(225 ILCS 65/5-25, formerly 65/5)
Sec. 5-25. 5. Emergency care; civil liability.
Exemption from civil liability for emergency care is as
provided in the Good Samaritan Act.
(Source: P.A. 89-607, eff. 1-1-97.)
(225 ILCS 65/5-30, formerly 65/5.1)
Sec. 5-30. 5.1. Services rendered without compensation;
civil liability. Exemption from civil liability for services
rendered without compensation is as provided in the Good
Samaritan Act.
(Source: P.A. 89-607, eff. 1-1-97.)
(225 ILCS 65/Title 10 heading new)
TITLE 10. REGISTERED NURSES
AND LICENSED PRACTICAL NURSES
(225 ILCS 65/10-5, formerly 65/6)
Sec. 10-5. Prohibited acts. 6. No person shall:
(a) Practice professional nursing without a valid
license as a registered professional nurse except as provided
in paragraphs (i) and (j) of Section 5-15 4 of this Act;
(b) Practice practical nursing without a valid license
as a licensed practical nurse; or practice practical nursing
other than under the direction of a licensed physician,
licensed dentist, or registered professional nurse; except as
provided in paragraphs (g), (h), and (j) of Section 5-15 4 of
this Act;
(c) Practice nursing under cover of any diploma,
license, or record illegally or fraudulently obtained or
signed or issued unlawfully or under fraudulent
representation;
(d) Practice nursing during the time her or his license
is suspended, revoked, expired or on inactive status;
(e) Use any words, abbreviations, figures, letters,
title, sign, card, or device tending to imply that she or he
is a registered professional nurse, including the titles or
initials, "Registered Nurse," "Professional Nurse,"
"Registered Professional Nurse," "Certified Nurse," "Trained
Nurse," "Graduate Nurse," "P.N.," or "R.N.," or "R.P.N." or
similar titles or initials with intention of indicating
practice without a valid license as a registered professional
nurse;
(f) Use any words, abbreviations figures, letters,
title, sign, card, or device tending to imply that she or he
is a licensed practical nurse including the titles or
initials "Practical Nurse," "Licensed Practical Nurse,"
"P.N.," or "L.P.N.," or similar titles or initials with
intention of indicated practice as a licensed practical nurse
without a valid license as a licensed practical nurse under
this Act;
(g) Obtain or furnish a license by or for money or any
other thing of value other than the fees required by Section
20-35 23, or by any fraudulent representation or act;
(h) Make any wilfully false oath or affirmation required
by this Act;
(i) Conduct a nursing education program preparing
persons for licensure that has not been approved by the
Department;
(j) Represent that any school or course is approved or
accredited as a school or course for the education of
registered professional nurses or licensed practical nurses
unless such school or course is approved by the Department
under the provisions of this Act;
(k) Attempt or offer to do any of the acts enumerated in
this Section, or knowingly aid, abet, assist in the doing of
any such acts or in the attempt or offer to do any of such
acts;
(l) Seek employment as a registered professional nurse
under the terms of paragraphs (i) and (j) of Section 5-15 4
of this Act without possessing a written authorization which
has been issued by the Department or designated testing
service and which evidences the filing of the written
application referred to in paragraphs paragraph (i) and (j)
of Section 5-15 4 of this Act;
(m) Seek employment as a licensed practical nurse under
the terms of paragraphs (g) and (h) of Section 5-15 4 of this
Act without possessing a written authorization which has been
issued by the Department or designated testing service and
which evidences the filing of the written application
referred to in paragraphs paragraph (g) and (h) of Section
5-15 4 of this Act;
(n) Employ or utilize persons not licensed under this
Act to practice professional nursing or practical nursing;
and
(o) Otherwise intentionally violate any provision of
this Act.
Any person, including a firm, association or corporation
who violates any provision of this Section shall be guilty of
a Class A misdemeanor.
(Source: P.A. 85-981.)
(225 ILCS 65/10-10 new)
Sec. 10-10. Department powers and duties.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for
administration of licensing acts and shall exercise other
powers and duties necessary for effectuating the purpose of
this Act. None of the functions, powers, or duties of the
Department with respect to licensure and examination shall be
exercised by the Department except upon review by the Board.
The Department shall adopt rules to implement, interpret, or
make specific the provisions and purposes of this Act;
however no such rules shall be adopted by the Department
except upon review by the Board.
(b) The Department shall:
(1) prepare and maintain a list of approved
programs of professional nursing education and programs
of practical nursing education in this State, whose
graduates, if they have the other necessary
qualifications provided in this Act, shall be eligible to
apply for a license to practice nursing in this State;
(2) promulgate rules defining what constitutes an
approved program of professional nursing education and
what constitutes an approved program of practical nursing
education; and
(3) adopt rules for examination of candidates for
licenses and for issuance of licenses authorizing
candidates upon passing an examination to practice under
this Act.
(225 ILCS 65/10-15 new)
Sec. 10-15. Nursing Act Coordinator. The Department
shall obtain, pursuant to the Personnel Code, a Nursing Act
Coordinator and assistants. The Nursing Coordinator and
assistants shall be professional nurses licensed in this
State and graduated from approved schools of nursing and each
shall have been actively engaged in nursing education not
less than one year prior to appointment. The Nursing Act
Coordinator shall hold at least a master's degree in nursing
from an approved college or university and shall have at
least 5 years experience since graduation in progressively
responsible positions in nursing education. Each assistant
shall hold at least a master's degree in nursing from an
approved college or university and shall have at least 3
years experience since graduation in progressively
responsible positions in nursing education. The Nursing Act
Coordinator and assistants shall perform such administrative
functions as may be delegated to them by the Director.
(225 ILCS 65/10-25, formerly 65/7)
Sec. 10-25. 7. Board.
(a) The Director shall appoint the Board of Nursing
which shall be composed of 9 registered professional nurses,
2 licensed practical nurses and one public member who shall
also be a voting member and who is not a licensed health care
provider. Two registered nurses shall hold at least a
master's degree in nursing and be educators in professional
nursing programs, one representing baccalaureate nursing
education, one representing associate degree nursing
education; one registered nurse shall hold at least a
bachelor's degree with a major in nursing and be an educator
in a licensed practical nursing program; one registered nurse
shall hold a master's degree in nursing and shall represent
nursing service administration; 2 registered nurses shall
represent clinical nursing practice, one of whom shall have
at least a master's degree in nursing; and 2 registered
nurses shall represent advanced specialty practice. Each of
the 11 nurses shall have had a minimum of 5 years experience
in nursing, 3 of which shall be in the area they represent on
the Board and be actively engaged in the area of nursing they
represent at the time of appointment and during their tenure
on the Board. Members shall be appointed for a term of 3
years. No member shall be eligible for appointment to more
than 2 consecutive terms and any appointment to fill a
vacancy shall be for the unexpired portion of the term. In
making Board appointments, the Director shall give
consideration to recommendations submitted by nursing
organizations. Consideration shall be given to equal
geographic representation. The Board shall receive actual
and necessary expenses incurred in the performance of their
duties.
In making the initial appointments, the Director shall
appoint all new members for terms of 2, 3, and 4 years and
such terms shall be staggered as follows: 3 shall be
appointed for terms of 2 years; 3 shall be appointed for
terms of 3 years; and 3 shall be appointed for terms of 4
years.
The Director may remove any member of the Board for
misconduct, incapacity, or neglect of duty. The Director
shall reduce to writing any causes for removal.
The Board shall meet annually to elect a chairperson and
vice chairperson. The Board may hold such other meetings
during the year as may be necessary to conduct its business.
Six voting members of the Board shall constitute a quorum at
any meeting. Any action taken by the Board must be on the
affirmative vote of 6 members. Voting by proxy shall not be
permitted.
The Board shall submit an annual report to the Director.
The members of the Board shall be immune from suit in any
action based upon any disciplinary proceedings or other acts
performed in good faith as members of the Board.
(b) The Board is authorized to:
(1) recommend the adoption and, from time to time,
the revision of such rules that may be necessary to carry
out the provisions of this Act;
(2) conduct hearings and disciplinary conferences
upon charges calling for discipline of a licensee as
provided in Section 10-45 25;
(3) report to the Department, upon completion of a
hearing, the disciplinary actions recommended to be taken
against persons violating this Act;
(4) recommend the approval, denial of approval,
withdrawal of approval, or discipline of nursing
education programs;
(5) participate in a national organization of state
boards of nursing; and
(6) recommend a list of the registered nurses to
serve as Nursing Act Coordinator and Assistant Nursing
Act Coordinator, respectively.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 65/10-30, formerly 65/12)
Sec. 10-30. 12. Qualifications for licensure.
(a) Each applicant who successfully meets the
requirements of this Section shall be entitled to licensure
as a Registered Nurse or Licensed Practical Nurse, whichever
is applicable.
(b) An applicant for licensure by examination to
practice as a registered nurse or licensed practical nurse
shall:
(1) submit a completed written application, on
forms provided by the Department and fees as established
by the Department;
(2) for registered nurse licensure, have completed
an approved professional nursing education program of not
less than 2 academic years and have graduated from the
program; for licensed practical nurse licensure, have
completed an approved practical nursing education program
of not less than one academic year and have graduated
from the program;
(3) have not violated the provisions of Section
10-45 25 of this Act. The Department may take into
consideration any felony conviction of the applicant, but
such a conviction shall not operate as an absolute bar to
licensure;
(4) meet all other requirements as established by
rule;
(5) pay, either to the Department or its designated
testing service, a fee covering the cost of providing the
examination. Failure to appear for the examination on the
scheduled date at the time and place specified after the
applicant's application for examination has been received
and acknowledged by the Department or the designated
testing service shall result in the forfeiture of the
examination fee.
If an applicant neglects, fails, or refuses to take an
examination or fails to pass an examination for a license
under this Act within 3 years after filing the application,
the application shall be denied. However, the applicant may
make a new application accompanied by the required fee and
provide evidence of meeting the requirements in force at the
time of the new application.
An applicant shall have one year from the date of
notification of successful completion of the examination to
apply to the Department for a license. If an applicant fails
to apply within one year, the applicant shall be required to
again take and pass the examination unless licensed in
another jurisdiction of the United States within one year 2
years of passing the examination.
(c) An applicant for licensure who is a registered
professional nurse or a licensed practical nurse licensed by
examination under the laws of another state or territory of
the United States shall:
(1) submit a completed written application, on
forms supplied by the Department, and fees as established
by the Department;
(2) for registered nurse licensure, have completed
an approved professional nursing education program of not
less than 2 academic years and have graduated from the
program; for licensed practical nurse licensure, have
completed an approved practical nursing education program
of not less than one academic year and have graduated
from the program;
(3) submit verification of licensure status
directly from the United States jurisdiction of
licensure;
(4) have passed the examination authorized by the
Department;
(5) meet all other requirements as established by
rule.
(d) All applicants for licensure pursuant to this
Section who are graduates of nursing educational programs in
a country other than the United States or its territories
must submit to the Department certification of successful
completion of the Commission of Graduates of Foreign Nursing
Schools (CGFNS) examination. An applicant, who is unable to
provide appropriate documentation to satisfy CGFNS of her or
his educational qualifications for the CGFNS examination,
shall be required to pass an examination to test competency
in the English language which shall be prescribed by the
Department, if the applicant is determined by the Board to be
educationally prepared in nursing. The Board shall make
appropriate inquiry into the reasons for any adverse
determination by CGFNS before making its own decision.
An applicant licensed in another state or territory who
is applying for licensure and has received her or his
education in a country other than the United States or its
territories shall be exempt from the completion of the
Commission of Graduates of Foreign Nursing Schools (CGFNS)
examination if the applicant meets all of the following
requirements:
(1) successful passage of the licensure examination
authorized by the Department;
(2) holds an active, unencumbered license in
another state; and
(3) has been actively practicing for a minimum of 2
years in another state.
(e) No applicant shall be issued a license as a
registered nurse or practical nurse under this Section unless
he or she has passed the examination authorized by the
Department within 3 years of completion and graduation from
an approved nursing education program, unless such applicant
submits proof of successful completion of a
Department-authorized remedial nursing education program or
recompletion of an approved registered nursing program or
licensed practical nursing program, as appropriate.
(f) Pending the issuance of a license under subsection
(b) of this Section, the Department may grant an applicant a
temporary license to practice nursing as a registered nurse
or as a licensed practical nurse if the Department is
satisfied that the applicant holds an active, unencumbered
license in good standing in another jurisdiction. If the
applicant holds more than one current active license, or one
or more active temporary licenses from other jurisdictions,
the Department shall not issue a temporary license until it
is satisfied that each current active license held by the
applicant is unencumbered. The temporary license, which
shall be issued no later than 14 working days following
receipt by the Department of an application for the temporary
license, shall be granted upon the submission of the
following to the Department:
(1) a signed and completed application for
licensure under subsection (a) of this Section as a
registered nurse or a licensed practical nurse;
(2) proof of a current, active license in at least
one other jurisdiction and proof that each current active
license or temporary license held by the applicant is
unencumbered;
(3) a signed and completed application for a
temporary license; and
(4) the required permit fee.
(g) The Department may refuse to issue an applicant a
temporary license authorized pursuant to this Section if,
within 14 working days following its receipt of an
application for a temporary license, the Department
determines that:
(1) the applicant has been convicted of a crime
under the laws of a jurisdiction of the United States:
(i) which is a felony; or (ii) which is a misdemeanor
directly related to the practice of the profession,
within the last 5 years;
(2) within the last 5 years the applicant has had a
license or permit related to the practice of nursing
revoked, suspended, or placed on probation by another
jurisdiction, if at least one of the grounds for
revoking, suspending, or placing on probation is the same
or substantially equivalent to grounds in Illinois; or
(3) it intends to deny licensure by endorsement.
For purposes of this Section, an "unencumbered license"
means a license against which no disciplinary action has been
taken or is pending and for which all fees and charges are
paid and current.
(h) The Department may revoke a temporary license issued
pursuant to this Section if:
(1) it determines that the applicant has been
convicted of a crime under the law of any jurisdiction of
the United States that is (i) a felony or (ii) a
misdemeanor directly related to the practice of the
profession, within the last 5 years;
(2) it determines that within the last 5 years the
applicant has had a license or permit related to the
practice of nursing revoked, suspended, or placed on
probation by another jurisdiction, if at least one of the
grounds for revoking, suspending, or placing on probation
is the same or substantially equivalent to grounds in
Illinois; or
(3) it determines that it intends to deny licensure
by endorsement.
A temporary license or renewed temporary license shall
expire (i) upon issuance of an Illinois license or (ii) upon
notification that the Department intends to deny licensure by
endorsement. A temporary license shall expire 6 months from
the date of issuance. Further renewal may be granted by the
Department in hardship cases, as defined by rule. However, a
temporary license shall automatically expire upon issuance of
the Illinois license or upon notification that the Department
intends to deny licensure, whichever occurs first. No
extensions shall be granted beyond the 6-month period unless
approved by the Director. Notification by the Department
under this Section shall be by certified or registered mail.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 65/10-35, formerly 65/14)
Sec. 10-35. 14. Concurrent theory and clinical practice
education requirements. Except for those applicants who have
received advanced graduate degrees in nursing from an
approved program with concurrent theory and clinical
practice, the educational requirements of Section 10-30 12
relating to registered professional nursing and licensed
practical nursing shall not be deemed to have been satisfied
by the completion of any correspondence course or any program
of nursing that does not require coordinated or concurrent
theory and clinical practice.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 65/10-40 new)
Sec. 10-40. Endorsement. Upon payment of the required
fee, an applicant who is a registered professional nurse or a
licensed practical nurse educated and licensed under the laws
of a foreign country, territory or province shall write and
pass an examination conducted by the Department to determine
her or his fitness for licensure as a registered professional
nurse or a licensed practical nurse:
(a) whenever the requirements of such country, territory
or province were at the date of license substantially equal
to the requirements then in force in this State; and with
respect to practical nursing, if prior to the enactment of
this Act, substantially equal to the requirements of this Act
at the time of its enactment; or
(b) whenever such requirements of another country,
territory or province together with educational and
professional qualifications, as distinguished from practical
experience, of the applicant since obtaining a license as a
registered professional nurse or a licensed practical nurse
in such country, territory or province are substantially
equal to the requirements in force in Illinois at the time of
application for licensure as a registered nurse or a licensed
practical nurse in Illinois.
The examination shall be the same as that required of
other applicants for licensure by examination.
Applicants have 3 years from the date of application to
complete the application process. If the process has not
been completed in 3 years, the application shall be denied,
the fee forfeited and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(225 ILCS 65/10-45 new)
Sec. 10-45. Grounds for disciplinary action.
(a) The Department may, upon recommendation of the
Board, refuse to issue or to renew, or may revoke, suspend,
place on probation, reprimand, or take other disciplinary
action as the Department may deem appropriate with regard to
a license for any one or combination of the causes set forth
in subsection (b) below. Fines up to $2,500 may be imposed
in conjunction with other forms of disciplinary action for
those violations that result in monetary gain for the
licensee. Fines shall not be the exclusive disposition of any
disciplinary action arising out of conduct resulting in death
or injury to a patient. Fines shall not be assessed in
disciplinary actions involving mental or physical illness or
impairment. All fines collected under this Section shall be
deposited in the Nursing Dedicated and Professional Fund.
(b) Grounds for disciplinary action include the
following:
(1) Material deception in furnishing information to
the Department.
(2) Material violations of any provision of this
Act or violation of the rules of or final administrative
action of the Director, after consideration of the
recommendation of the Board.
(3) Conviction of any crime under the laws of any
jurisdiction of the United States: (i) which is a felony;
or (ii) which is a misdemeanor, an essential element of
which is dishonesty, or (iii) of any crime which is
directly related to the practice of the profession.
(4) A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under
this Act.
(5) Knowingly aiding or assisting another person in
violating any provision of this Act or rules.
(6) Failing, within 90 days, to provide a response
to a request for information in response to a written
request made by the Department by certified mail.
(7) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public, as defined by rule.
(8) Unlawful sale or distribution of any drug,
narcotic, or prescription device, or unlawful conversion
of any drug, narcotic or prescription device.
(9) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug which results in a licensee's inability to
practice with reasonable judgment, skill or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section.
(11) A finding that the licensee, after having her
or his license placed on probationary status, has
violated the terms of probation.
(12) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
and under the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(13) Willful omission to file or record, or
willfully impeding the filing or recording or inducing
another person to omit to file or record medical reports
as required by law or willfully failing to report an
instance of suspected child abuse or neglect as required
by the Abused and Neglected Child Reporting Act.
(14) Gross negligence in the practice of nursing.
(15) Holding oneself out to be practicing nursing
under any name other than one's own.
(16) Fraud, deceit or misrepresentation in applying
for or procuring a license under this Act or in
connection with applying for renewal of a license under
this Act.
(17) Allowing another person or organization to use
the licensees' license to deceive the public.
(18) Willfully making or filing false records or
reports in the licensee's practice, including but not
limited to false records to support claims against the
medical assistance program of the Department of Public
Aid under the Illinois Public Aid Code.
(19) Attempting to subvert or cheat on a nurse
licensing examination administered under this Act.
(20) Immoral conduct in the commission of an act,
such as sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.
(21) Willfully or negligently violating the
confidentiality between nurse and patient except as
required by law.
(22) Practicing under a false or assumed name,
except as provided by law.
(23) The use of any false, fraudulent, or deceptive
statement in any document connected with the licensee's
practice.
(24) Directly or indirectly giving to or receiving
from a person, firm, corporation, partnership, or
association a fee, commission, rebate, or other form of
compensation for professional services not actually or
personally rendered.
(25) Failure of a licensee to report to the
Department any adverse final action taken against such
licensee by another licensing jurisdiction (any other
jurisdiction of the United States or any foreign state or
country), by any peer review body, by any health care
institution, by any professional or nursing society or
association, by any governmental agency, by any law
enforcement agency, or by any court or a nursing
liability claim related to acts or conduct similar to
acts or conduct that would constitute grounds for action
as defined in this Section.
(26) Failure of a licensee to report to the
Department surrender by the licensee of a license or
authorization to practice nursing in another state or
jurisdiction, or current surrender by the licensee of
membership on any nursing staff or in any nursing or
professional association or society while under
disciplinary investigation by any of those authorities or
bodies for acts or conduct similar to acts or conduct
that would constitute grounds for action as defined by
this Section.
(27) A violation of the Health Care Worker
Self-Referral Act.
(28) Physical illness, including but not limited to
deterioration through the aging process or loss of motor
skill, mental illness, or disability that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. The
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Board to the Director that the licensee be allowed to resume
his or her practice.
(d) The Department may refuse to issue or may suspend
the license of any person who fails to file a return, or to
pay the tax, penalty or interest shown in a filed return, or
to pay any final assessment of the tax, penalty, or interest
as required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
(e) In enforcing this Section, the Department or Board
upon a showing of a possible violation may compel an
individual licensed to practice under this Act, or who has
applied for licensure under this Act, to submit to a mental
or physical examination, or both, as required by and at the
expense of the Department. The Department or Board may order
the examining physician to present testimony concerning the
mental or physical examination of the licensee or applicant.
No information shall be excluded by reason of any common law
or statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have,
at his or her own expense, another physician of his or her
choice present during all aspects of this examination.
Failure of an individual to submit to a mental or physical
examination, when directed, shall be grounds for suspension
of his or her license until the individual submits to the
examination if the Department finds, after notice and
hearing, that the refusal to submit to the examination was
without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section,
the Department or Board may require that individual to submit
to care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term,
or restriction for continued, reinstated, or renewed
licensure to practice; or, in lieu of care, counseling, or
treatment, the Department may file, or the Board may
recommend to the Department to file, a complaint to
immediately suspend, revoke, or otherwise discipline the
license of the individual. An individual whose license was
granted, continued, reinstated, renewed, disciplined or
supervised subject to such terms, conditions, or
restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Director for a determination as to whether the individual
shall have his or her license suspended immediately, pending
a hearing by the Department.
In instances in which the Director immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted
by applicable federal statutes and regulations safeguarding
the confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department or Board that he or she can resume practice
in compliance with acceptable and prevailing standards under
the provisions of his or her license.
(225 ILCS 65/10-50 new)
Sec. 10-50. Intoxication and drug abuse.
(a) A professional assistance program for nurses shall
be established by January 1, 1999.
(b) The Director shall appoint a task force to advise in
the creation of the assistance program. The task force shall
include members of the Department and professional nurses,
and shall report its findings and recommendations to the
Committee on Nursing.
(c) Any registered professional nurse who is an
administrator or officer in any hospital, nursing home, other
health care agency or facility, or nurse agency and has
knowledge of any action or condition which reasonably
indicates to her or him that a registered professional nurse
or licensed practical nurse employed by or practicing nursing
in such hospital, nursing home, other health care agency or
facility, or nurse agency is habitually intoxicated or
addicted to the use of habit-forming drugs to the extent that
such intoxication or addiction adversely affects such nurse's
professional performance, or unlawfully possesses, uses,
distributes or converts habit-forming drugs belonging to the
hospital, nursing home or other health care agency or
facility for such nurse's own use, shall promptly file a
written report thereof to the Department; prov