Public Act 0677 104TH GENERAL ASSEMBLY

HB4749 Enrolled LRB104 18327 AAS 31767 b

Public Act 104-0677

AN ACT concerning regulation.

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

Section 5. The Nurse Practice Act is amended by adding Section 50-28 as follows:

(225 ILCS 65/50-28 new)

Sec. 50-28. Qualifications for licensure; temporary suspension.

(a) In order to protect the public and ensure safe and adequate health care services, if the Department finds that any person licensed or authorized to practice under this Act was not properly credentialed pursuant to the standards required at the time of application, the Department may temporarily suspend the person's license or authorization to practice without prior hearing until the Department receives satisfactory evidence of the licensee's overall qualifications.

(b) The Department shall notify the licensee of the temporary suspension at the licensee's address of record or email address of record. The licensee may request that the Board review the validity of the license within 30 days after the service of the notice and shall submit written evidence in support of the licensee's qualifications with the request for review. The licensee may seek an extension of time to provide such evidence, during which the suspension shall remain in effect. The Board, at its next regularly scheduled meeting, shall review the request and any written evidence provided by the licensee and make a final recommendation regarding the licensee's qualifications to the Director of the Division of Professional Regulation of the Department.

(c) Based upon the Board's final recommendation, the Director of the Division of Professional Regulation may issue an order withdrawing the license due to the licensee's lack of qualifications or lift the suspension of the license by stipulating terms and conditions of practice. Withdrawal of the license alone shall not constitute discipline or be a bar to licensure if the licensee makes a subsequent reapplication that meets the qualifications under this Act.

(d) Disciplinary proceedings may also be initiated pursuant to the Board's recommendation or Department findings and shall be conducted in the same manner as other disciplinary proceedings under this Act.

(e) The Department may adopt rules to implement, administer, and enforce this Section.

Section 99. Effective date. This Act takes effect upon becoming law.