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91_SB0965eng SB965 Engrossed LRB9104864PTpk 1 AN ACT concerning nursing. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Mental Health and Developmental 5 Disabilities Administrative Act is amended by adding Section 6 15.4 as follows: 7 (20 ILCS 1705/15.4 new) 8 Sec. 15.4. Authorization for nursing delegation to 9 permit direct care staff to administer medications. This 10 Section applies to (i) all programs for persons with a 11 developmental disability in settings of 16 persons or fewer 12 that are funded or licensed by the Department of Human 13 Services and that distribute or administer medications and 14 (ii) all intermediate care facilities for the developmentally 15 disabled with 16 beds or less that are licensed by the 16 Department of Public Health. The Department of Human 17 Services shall develop a training program for direct care 18 staff to administer oral and topical medications under the 19 direction and monitoring of a registered professional nurse. 20 This training program shall be developed in consultation with 21 professional associations representing (i) physicians 22 licensed to practice medicine in all its branches and (ii) 23 registered professional nurses. Programs using direct care 24 staff to administer medications are responsible for 25 documenting and maintaining records on the training that is 26 completed. The absence of this training program constitutes a 27 threat to the public interest, safety, and welfare and 28 necessitates emergency rulemaking by the Departments of Human 29 Services and Public Health under Section 5-45 of the Illinois 30 Administrative Procedure Act. SB965 Engrossed -2- LRB9104864PTpk 1 Section 10. The Nursing and Advanced Practice Nursing 2 Act is amended by changing Section 5-15 as follows: 3 (225 ILCS 65/5-15) 4 Sec. 5-15. Policy; application of Act. For the protection 5 of life and the promotion of health, and the prevention of 6 illness and communicable diseases, any person practicing or 7 offering to practice professional and practical nursing in 8 Illinois shall submit evidence that he or she is qualified to 9 practice, and shall be licensed as provided under this Act. 10 No person shall practice or offer to practice professional or 11 practical nursing in Illinois or use any title, sign, card or 12 device to indicate that such a person is practicing 13 professional or practical nursing unless such person has been 14 licensed under the provisions of this Act. 15 This Act does not prohibit the following: 16 (a) The practice of nursing in Federal employment in the 17 discharge of the employee's duties by a person who is 18 employed by the United States government or any bureau, 19 division or agency thereof and is a legally qualified and 20 licensed nurse of another state or territory and not in 21 conflict with Sections 10-5, 10-30, and 10-45 of this Act. 22 (b) Nursing that is included in their program of study 23 by students enrolled in programs of nursing or in current 24 nurse practice update courses approved by the Department. 25 (c) The furnishing of nursing assistance in an 26 emergency. 27 (d) The practice of nursing by a nurse who holds an 28 active license in another state when providing services to 29 patients in Illinois during a bonafide emergency or in 30 immediate preparation for or during interstate transit. 31 (e) The incidental care of the sick by members of the 32 family, domestic servants or housekeepers, or care of the 33 sick where treatment is by prayer or spiritual means. SB965 Engrossed -3- LRB9104864PTpk 1 (f) Persons from being employed as nursing aides, 2 attendants, orderlies, and other auxiliary workers in private 3 homes, long term care facilities, nurseries, hospitals or 4 other institutions. 5 (g) The practice of practical nursing by one who has 6 applied in writing to the Department in form and substance 7 satisfactory to the Department, for a license as a licensed 8 practical nurse and who has complied with all the provisions 9 under Section 10-30, except the passing of an examination to 10 be eligible to receive such license, until: the decision of 11 the Department that the applicant has failed to pass the next 12 available examination authorized by the Department or has 13 failed, without an approved excuse, to take the next 14 available examination authorized by the Department or until 15 the withdrawal of the application, but not to exceed 3 16 months. No applicant for licensure practicing under the 17 provisions of this paragraph shall practice practical nursing 18 except under the direct supervision of a registered 19 professional nurse licensed under this Act or a licensed 20 physician, dentist or podiatrist. In no instance shall any 21 such applicant practice or be employed in any supervisory 22 capacity. 23 (h) The practice of practical nursing by one who is a 24 licensed practical nurse under the laws of another U.S. 25 jurisdiction and has applied in writing to the Department, in 26 form and substance satisfactory to the Department, for a 27 license as a licensed practical nurse and who is qualified to 28 receive such license under Section 10-30, until (1) the 29 expiration of 6 months after the filing of such written 30 application, (2) the withdrawal of such application, or (3) 31 the denial of such application by the Department. 32 (i) The practice of professional nursing by one who has 33 applied in writing to the Department in form and substance 34 satisfactory to the Department for a license as a registered SB965 Engrossed -4- LRB9104864PTpk 1 professional nurse and has complied with all the provisions 2 under Section 10-30 except the passing of an examination to 3 be eligible to receive such license, until the decision of 4 the Department that the applicant has failed to pass the next 5 available examination authorized by the Department or has 6 failed, without an approved excuse, to take the next 7 available examination authorized by the Department or until 8 the withdrawal of the application, but not to exceed 3 9 months. No applicant for licensure practicing under the 10 provisions of this paragraph shall practice professional 11 nursing except under the direct supervision of a registered 12 professional nurse licensed under this Act. In no instance 13 shall any such applicant practice or be employed in any 14 supervisory capacity. 15 (j) The practice of professional nursing by one who is a 16 registered professional nurse under the laws of another 17 state, territory of the United States or country and has 18 applied in writing to the Department, in form and substance 19 satisfactory to the Department, for a license as a registered 20 professional nurse and who is qualified to receive such 21 license under Section 10-30, until (1) the expiration of 6 22 months after the filing of such written application, (2) the 23 withdrawal of such application, or (3) the denial of such 24 application by the Department. 25 (k) The practice of professional nursing that is 26 included in a program of study by one who is a registered 27 professional nurse under the laws of another state or 28 territory of the United States or foreign country, territory 29 or province and who is enrolled in a graduate nursing 30 education program or a program for the completion of a 31 baccalaureate nursing degree in this State, which includes 32 clinical supervision by faculty as determined by the 33 educational institution offering the program and the health 34 care organization where the practice of nursing occurs. The SB965 Engrossed -5- LRB9104864PTpk 1 educational institution will file with the Department each 2 academic term a list of the names and origin of license of 3 all professional nurses practicing nursing as part of their 4 programs under this provision. 5 (l) Any person licensed in this State under any other 6 Act from engaging in the practice for which she or he is 7 licensed. 8 (m) Direct care staff trained under Section 15.4 of the 9 Mental Health and Developmental Disabilities Administrative 10 Act. 11 An applicant for license practicing under the exceptions 12 set forth in subparagraphs (g), (h), (i), and (j) of this 13 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic. 14 Pend. respectively and no other. 15 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98; 16 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.) 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.