101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5522

 

Introduced , by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 60/20  from Ch. 111, par. 4400-20
225 ILCS 65/55-35
225 ILCS 65/60-40
225 ILCS 65/65-60  was 225 ILCS 65/15-45
225 ILCS 95/11.5

    Amends the Medical Practice Act of 1987, the Nurse Practice Act, and the Physician Assistant Practice Act of 1987. Provides that the rules adopted by the Department of Financial and Professional Regulation concerning continuing education shall require that, on and after January 1, 2022, all continuing education courses for persons licensed under the Acts contain curriculum that includes the understanding of implicit bias in the practice of medicine. Provides that a continuing education course dedicated solely to research or other issues that does not include a direct patient care component is not required to contain curriculum that includes implicit bias in the practice of medicine. Specifies requirements that continuing education courses must satisfy. Effectively immediately.


LRB101 19117 SPS 68580 b

 

 

A BILL FOR

 

HB5522LRB101 19117 SPS 68580 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The General Assembly finds and declares all of
5the following:
6    (a) Implicit bias, meaning the attitudes or internalized
7stereotypes that affect our perceptions, actions, and
8decisions in an unconscious manner, exists and often
9contributes to unequal treatment of people based on race,
10ethnicity, gender identity, sexual orientation, age,
11disability, and other characteristics.
12    (b) Implicit bias contributes to health disparities by
13affecting the behavior of physicians and surgeons, nurses,
14physician assistants, and other healing arts licensees.
15    (c) African American women are 3 to 4 times more likely
16than white women to die from pregnancy-related causes
17nationwide. African American patients often are prescribed
18less pain medication than white patients who present the same
19complaints. African American patients with signs of heart
20problems are not referred for advanced cardiovascular
21procedures as often as white patients with the same symptoms.
22    (d) Implicit gender bias also impacts treatment decisions
23and outcomes. Women are less likely to survive a heart attack
24when they are treated by a male physician and surgeon. LGBTQ

 

 

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1and gender-nonconforming patients are less likely to seek
2timely medical care because they experience disrespect and
3discrimination from health care staff, with one out of 5
4transgender patients nationwide reporting that they were
5outright denied medical care due to bias.
6    (e) The General Assembly intends to reduce disparate
7outcomes and ensure that all patients receive fair treatment
8and quality health care.
 
9    Section 5. The Medical Practice Act of 1987 is amended by
10changing Section 20 as follows:
 
11    (225 ILCS 60/20)  (from Ch. 111, par. 4400-20)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 20. Continuing education.
14    (a) The Department shall promulgate rules of continuing
15education for persons licensed under this Act that require an
16average of 50 hours of continuing education per license year.
17These rules shall be consistent with requirements of relevant
18professional associations, specialty societies, or boards. The
19rules shall also address variances in part or in whole for good
20cause, including, but not limited to, temporary illness or
21hardship. In establishing these rules, the Department shall
22consider educational requirements for medical staffs,
23requirements for specialty society board certification or for
24continuing education requirements as a condition of membership

 

 

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1in societies representing the 2 categories of licensee under
2this Act. These rules shall assure that licensees are given the
3opportunity to participate in those programs sponsored by or
4through their professional associations or hospitals which are
5relevant to their practice.
6    (b) Except as otherwise provided in this subsection, the
7rules adopted under this Section shall require that, on and
8after January 1, 2022, all continuing education courses for
9persons licensed under this Act contain curriculum that
10includes the understanding of implicit bias. Beginning January
111, 2023, continuing education providers shall ensure
12compliance with this Section. Beginning January 1, 2023, the
13Department shall audit continuing education providers at least
14once every 5 years to ensure adherence to regulatory
15requirements and shall withhold or rescind approval from any
16provider that is in violation of the requirements of this
17subsection.
18    A continuing education course dedicated solely to research
19or other issues that does not include a direct patient care
20component is not required to contain curriculum that includes
21implicit bias in the practice of medicine.
22    To satisfy the requirements of this subsection, continuing
23education courses shall address at least one of the following:
24        (1) examples of how implicit bias affects perceptions
25    and treatment decisions, leading to disparities in health
26    outcomes; or

 

 

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1        (2) strategies to address how unintended biases in
2    decision making may contribute to health care disparities
3    by shaping behavior and producing differences in medical
4    treatment along lines of race, ethnicity, gender identity,
5    sexual orientation, age, socioeconomic status, or other
6    characteristics.
7    (c) Each licensee is responsible for maintaining records of
8completion of continuing education and shall be prepared to
9produce the records when requested by the Department.
10(Source: P.A. 97-622, eff. 11-23-11.)
 
11    Section 10. The Nurse Practice Act is amended by adding
12Sections changing Sections 55-35, 60-40, 65-60 as follows:
 
13    (225 ILCS 65/55-35)
14    (Section scheduled to be repealed on January 1, 2028)
15    Sec. 55-35. Continuing education for LPN licensees.
16    (a) The Department may adopt rules of continuing education
17for licensed practical nurses that require 20 hours of
18continuing education per 2-year license renewal cycle. The
19rules shall address variances in part or in whole for good
20cause, including without limitation illness or hardship. The
21continuing education rules must ensure that licensees are given
22the opportunity to participate in programs sponsored by or
23through their State or national professional associations,
24hospitals, or other providers of continuing education.

 

 

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1    (b) Except as otherwise provided in this subsection, the
2rules adopted under this Section shall require that, on and
3after January 1, 2022, all continuing education courses for
4licensed practical nurses licensed under this Act contain
5curriculum that includes the understanding of implicit bias.
6Beginning January 1, 2023, continuing education providers
7shall ensure compliance with this Section. Beginning January 1,
82023, the Department shall audit continuing education
9providers to verify their compliance with this Section.
10    A continuing education course dedicated solely to research
11or other issues that does not include a direct patient care
12component is not required to contain curriculum that includes
13implicit bias in the practice of nursing.
14    To satisfy the requirements of this subsection, continuing
15education courses shall address at least one of the following:
16        (1) examples of how implicit bias affects perceptions
17    and treatment decisions, leading to disparities in health
18    outcomes; or
19        (2) strategies to address how unintended biases in
20    decision making may contribute to health care disparities
21    by shaping behavior and producing differences in medical
22    treatment along lines of race, ethnicity, gender identity,
23    sexual orientation, age, socioeconomic status, or other
24    characteristics.
25    (c) Each licensee is responsible for maintaining records of
26completion of continuing education and shall be prepared to

 

 

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1produce the records when requested by the Department.
2(Source: P.A. 95-639, eff. 10-5-07.)
 
3    (225 ILCS 65/60-40)
4    (Section scheduled to be repealed on January 1, 2028)
5    Sec. 60-40. Continuing education for RN licensees.
6    (a) The Department may adopt rules of continuing education
7for registered professional nurses licensed under this Act that
8require 20 hours of continuing education per 2-year license
9renewal cycle. The rules shall address variances in part or in
10whole for good cause, including without limitation illness or
11hardship. The continuing education rules must ensure that
12licensees are given the opportunity to participate in programs
13sponsored by or through their State or national professional
14associations, hospitals, or other providers of continuing
15education.
16    (b) Except as otherwise provided in this subsection, the
17rules adopted under this Section shall require that, on and
18after January 1, 2022, all continuing education courses for
19registered professional nurses licensed under this Act contain
20curriculum that includes the understanding of implicit bias.
21Beginning January 1, 2023, continuing education providers
22shall ensure compliance with this Section. Beginning January 1,
232023, the Department shall audit continuing education
24providers to verify their compliance with this Section.
25    A continuing education course dedicated solely to research

 

 

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1or other issues that does not include a direct patient care
2component is not required to contain curriculum that includes
3implicit bias in the practice of nursing.
4    To satisfy the requirements of this subsection, continuing
5education courses shall address at least one of the following:
6        (1) examples of how implicit bias affects perceptions
7    and treatment decisions, leading to disparities in health
8    outcomes; or
9        (2) strategies to address how unintended biases in
10    decision making may contribute to health care disparities
11    by shaping behavior and producing differences in medical
12    treatment along lines of race, ethnicity, gender identity,
13    sexual orientation, age, socioeconomic status, or other
14    characteristics.
15    (c) Each licensee is responsible for maintaining records of
16completion of continuing education and shall be prepared to
17produce the records when requested by the Department.
18(Source: P.A. 95-639, eff. 10-5-07.)
 
19    (225 ILCS 65/65-60)   (was 225 ILCS 65/15-45)
20    (Section scheduled to be repealed on January 1, 2028)
21    Sec. 65-60. Continuing education.
22    (a) The Department shall adopt rules of continuing
23education for persons licensed under this Article as advanced
24practice registered nurses that require 80 hours of continuing
25education per 2-year license renewal cycle. Completion of the

 

 

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180 hours of continuing education shall be deemed to satisfy the
2continuing education requirements for renewal of a registered
3professional nurse license as required by this Act.
4    The 80 hours of continuing education required under this
5Section shall be completed as follows:
6        (1) A minimum of 50 hours of the continuing education
7    shall be obtained in continuing education programs as
8    determined by rule that shall include no less than 20 hours
9    of pharmacotherapeutics, including 10 hours of opioid
10    prescribing or substance abuse education. Continuing
11    education programs may be conducted or endorsed by
12    educational institutions, hospitals, specialist
13    associations, facilities, or other organizations approved
14    to offer continuing education under this Act or rules and
15    shall be in the advanced practice registered nurse's
16    specialty.
17        (2) A maximum of 30 hours of credit may be obtained by
18    presentations in the advanced practice registered nurse's
19    clinical specialty, evidence-based practice, or quality
20    improvement projects, publications, research projects, or
21    preceptor hours as determined by rule.
22    The rules adopted regarding continuing education shall be
23consistent to the extent possible with requirements of relevant
24national certifying bodies or State or national professional
25associations.
26    (b) The rules shall not be inconsistent with requirements

 

 

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1of relevant national certifying bodies or State or national
2professional associations. The rules shall also address
3variances in part or in whole for good cause, including but not
4limited to illness or hardship. The continuing education rules
5shall assure that licensees are given the opportunity to
6participate in programs sponsored by or through their State or
7national professional associations, hospitals, or other
8providers of continuing education.
9    (c) Except as otherwise provided in this subsection, the
10rules adopted under this Section shall require that, on and
11after January 1, 2022, all continuing education courses for
12advanced practice registered nurses licensed under this Act
13contain curriculum that includes the understanding of implicit
14bias. Beginning January 1, 2023, continuing education
15providers shall ensure compliance with this Section. Beginning
16January 1, 2023, the Department shall audit continuing
17education providers to verify their compliance with this
18Section.
19    A continuing education course dedicated solely to research
20or other issues that does not include a direct patient care
21component is not required to contain curriculum that includes
22implicit bias in the practice of nursing.
23    To satisfy the requirements of this subsection, continuing
24education courses shall address at least one of the following:
25        (1) examples of how implicit bias affects perceptions
26    and treatment decisions, leading to disparities in health

 

 

HB5522- 10 -LRB101 19117 SPS 68580 b

1    outcomes; or
2        (2) strategies to address how unintended biases in
3    decision making may contribute to health care disparities
4    by shaping behavior and producing differences in medical
5    treatment along lines of race, ethnicity, gender identity,
6    sexual orientation, age, socioeconomic status, or other
7    characteristics.
8    (d) Each licensee is responsible for maintaining records of
9completion of continuing education and shall be prepared to
10produce the records when requested by the Department.
11(Source: P.A. 100-513, eff. 1-1-18.)
 
12    Section 15. The Physician Assistant Practice Act of 1987 is
13amended by changing Section 11.5 as follows:
 
14    (225 ILCS 95/11.5)
15    (Section scheduled to be repealed on January 1, 2028)
16    Sec. 11.5. Continuing education.
17    (a) The Department shall adopt rules for continuing
18education for persons licensed under this Act that require 50
19hours of continuing education per 2-year license renewal cycle.
20Completion of the 50 hours of continuing education shall be
21deemed to satisfy the continuing education requirements for
22renewal of a physician assistant license as required by this
23Act. The rules shall not be inconsistent with requirements of
24relevant national certifying bodies or State or national

 

 

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1professional associations. The rules shall also address
2variances in part or in whole for good cause, including, but
3not limited to, illness or hardship. The continuing education
4rules shall ensure that licensees are given the opportunity to
5participate in programs sponsored by or through their State or
6national professional associations, hospitals, or other
7providers of continuing education.
8    (b) Except as otherwise provided in this subsection, the
9rules adopted under this Section shall require that, on and
10after January 1, 2022, all continuing education courses for
11persons licensed under this Act contain curriculum that
12includes the understanding of implicit bias. Beginning January
131, 2023, continuing education providers shall ensure
14compliance with this Section. Beginning January 1, 2023, the
15Department shall audit continuing education providers at least
16once every 5 years to ensure adherence to regulatory
17requirements and shall withhold or rescind approval from any
18provider that is in violation of the regulatory requirements.
19    A continuing education course dedicated solely to research
20or other issues that does not include a direct patient care
21component is not required to contain curriculum that includes
22implicit bias in the practice of medicine.
23    To satisfy the requirements of subsection (a) of this
24Section, continuing education courses shall address at least
25one of the following:
26        (1) examples of how implicit bias affects perceptions

 

 

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1    and treatment decisions, leading to disparities in health
2    outcomes; or
3        (2) strategies to address how unintended biases in
4    decision making may contribute to health care disparities
5    by shaping behavior and producing differences in medical
6    treatment along lines of race, ethnicity, gender identity,
7    sexual orientation, age, socioeconomic status, or other
8    characteristics.
9    (c) Each licensee is responsible for maintaining records of
10completion of continuing education and shall be prepared to
11produce the records when requested by the Department.
12(Source: P.A. 100-453, eff. 8-25-17.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.