Bill Text: IL HB0313 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Regulatory Sunset Act. Extends the repeal of the Nurse Practice Act from January 1, 2018 to January 1, 2028. Amends the Nurse Practice Act. Defines "focused assessment", "full practice authority", "oversight", and "postgraduate advanced practice nurse". Changes references of "advanced practice nurse" and "APN" to "advanced practice registered nurse" and "APRN" throughout the Act. Replaces provisions regarding nursing delegation with provisions that prohibit specified actions. Provides other guidelines for delegation of nursing activities and medication administration. Makes changes to education program requirements, qualifications for licensure, the scope of practice, and continuing education for LPN and RN licensees. Provides that a written collaborative agreement is required for all postgraduate advanced practice registered nurses until specific requirements have been met. Provides that postgraduate advanced practice registered nurses may enter into written collaborative agreements with collaborating advanced practice registered nurses or physicians (rather than collaborating physicians or podiatric physicians). In provisions concerning prescriptive authority for postgraduate advanced practice registered nurses, sets forth the requirements for postgraduate advanced practice registered nurses to have prescriptive authority and the limitations of such authority. Makes changes to provisions concerning the grounds for disciplinary action under the Act. Requires the Department of Public Health to prepare a report regarding the moneys appropriated from the Nursing Dedicated and Professional Fund to the Department of Public Health for nursing scholarships. Makes other changes. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 13-2)

Status: (Passed) 2017-09-20 - Public Act . . . . . . . . . 100-0513 [HB0313 Detail]

Download: Illinois-2017-HB0313-Chaptered.html



Public Act 100-0513
HB0313 EnrolledLRB100 04130 SMS 14135 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.28 and by adding Section 4.38 as follows:
(5 ILCS 80/4.28)
Sec. 4.28. Acts repealed on January 1, 2018. The following
Acts are repealed on January 1, 2018:
The Illinois Petroleum Education and Marketing Act.
The Podiatric Medical Practice Act of 1987.
The Acupuncture Practice Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Interpreter for the Deaf Licensure Act of 2007.
The Nurse Practice Act.
The Clinical Social Work and Social Work Practice Act.
The Pharmacy Practice Act.
The Home Medical Equipment and Services Provider License
Act.
The Marriage and Family Therapy Licensing Act.
The Nursing Home Administrators Licensing and Disciplinary
Act.
The Physician Assistant Practice Act of 1987.
(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
96-328, eff. 8-11-09.)
(5 ILCS 80/4.38 new)
Sec. 4.38. Act repealed on January 1, 2028. The following
Act is repealed on January 1, 2028:
The Nurse Practice Act.
Section 10. The State Employees Group Insurance Act of 1971
is amended by changing Section 6.11A as follows:
(5 ILCS 375/6.11A)
Sec. 6.11A. Physical therapy and occupational therapy.
(a) The program of health benefits provided under this Act
shall provide coverage for medically necessary physical
therapy and occupational therapy when that therapy is ordered
for the treatment of autoimmune diseases or referred for the
same purpose by (i) a physician licensed under the Medical
Practice Act of 1987, (ii) a physician assistant licensed under
the Physician Assistant Practice Act of 1987, or (iii) an
advanced practice registered nurse licensed under the Nurse
Practice Act.
(b) For the purpose of this Section, "medically necessary"
means any care, treatment, intervention, service, or item that
will or is reasonably expected to:
(i) prevent the onset of an illness, condition, injury,
disease, or disability;
(ii) reduce or ameliorate the physical, mental, or
developmental effects of an illness, condition, injury,
disease, or disability; or
(iii) assist the achievement or maintenance of maximum
functional activity in performing daily activities.
(c) The coverage required under this Section shall be
subject to the same deductible, coinsurance, waiting period,
cost sharing limitation, treatment limitation, calendar year
maximum, or other limitations as provided for other physical or
rehabilitative or occupational therapy benefits covered by the
policy.
(d) Upon request of the reimbursing insurer, the provider
of the physical therapy or occupational therapy shall furnish
medical records, clinical notes, or other necessary data that
substantiate that initial or continued treatment is medically
necessary. When treatment is anticipated to require continued
services to achieve demonstrable progress, the insurer may
request a treatment plan consisting of the diagnosis, proposed
treatment by type, proposed frequency of treatment,
anticipated duration of treatment, anticipated outcomes stated
as goals, and proposed frequency of updating the treatment
plan.
(e) When making a determination of medical necessity for
treatment, an insurer must make the determination in a manner
consistent with the manner in which that determination is made
with respect to other diseases or illnesses covered under the
policy, including an appeals process. During the appeals
process, any challenge to medical necessity may be viewed as
reasonable only if the review includes a licensed health care
professional with the same category of license as the
professional who ordered or referred the service in question
and with expertise in the most current and effective treatment.
(Source: P.A. 99-581, eff. 1-1-17.)
Section 15. The Election Code is amended by changing
Sections 19-12.1 and 19-13 as follows:
(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
Sec. 19-12.1. Any qualified elector who has secured an
Illinois Person with a Disability Identification Card in
accordance with the Illinois Identification Card Act,
indicating that the person named thereon has a Class 1A or
Class 2 disability or any qualified voter who has a permanent
physical incapacity of such a nature as to make it improbable
that he will be able to be present at the polls at any future
election, or any voter who is a resident of (i) a federally
operated veterans' home, hospital, or facility located in
Illinois or (ii) a facility licensed or certified pursuant to
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, or
the MC/DD Act and has a condition or disability of such a
nature as to make it improbable that he will be able to be
present at the polls at any future election, may secure a
voter's identification card for persons with disabilities or a
nursing home resident's identification card, which will enable
him to vote under this Article as a physically incapacitated or
nursing home voter. For the purposes of this Section,
"federally operated veterans' home, hospital, or facility"
means the long-term care facilities at the Jesse Brown VA
Medical Center, Illiana Health Care System, Edward Hines, Jr.
VA Hospital, Marion VA Medical Center, and Captain James A.
Lovell Federal Health Care Center.
Application for a voter's identification card for persons
with disabilities or a nursing home resident's identification
card shall be made either: (a) in writing, with voter's sworn
affidavit, to the county clerk or board of election
commissioners, as the case may be, and shall be accompanied by
the affidavit of the attending physician, advanced practice
registered nurse, or a physician assistant specifically
describing the nature of the physical incapacity or the fact
that the voter is a nursing home resident and is physically
unable to be present at the polls on election days; or (b) by
presenting, in writing or otherwise, to the county clerk or
board of election commissioners, as the case may be, proof that
the applicant has secured an Illinois Person with a Disability
Identification Card indicating that the person named thereon
has a Class 1A or Class 2 disability. Upon the receipt of
either the sworn-to application and the physician's, advanced
practice registered nurse's, or a physician assistant's
affidavit or proof that the applicant has secured an Illinois
Person with a Disability Identification Card indicating that
the person named thereon has a Class 1A or Class 2 disability,
the county clerk or board of election commissioners shall issue
a voter's identification card for persons with disabilities or
a nursing home resident's identification card. Such
identification cards shall be issued for a period of 5 years,
upon the expiration of which time the voter may secure a new
card by making application in the same manner as is prescribed
for the issuance of an original card, accompanied by a new
affidavit of the attending physician, advanced practice
registered nurse, or a physician assistant. The date of
expiration of such five-year period shall be made known to any
interested person by the election authority upon the request of
such person. Applications for the renewal of the identification
cards shall be mailed to the voters holding such cards not less
than 3 months prior to the date of expiration of the cards.
Each voter's identification card for persons with
disabilities or nursing home resident's identification card
shall bear an identification number, which shall be clearly
noted on the voter's original and duplicate registration record
cards. In the event the holder becomes physically capable of
resuming normal voting, he must surrender his voter's
identification card for persons with disabilities or nursing
home resident's identification card to the county clerk or
board of election commissioners before the next election.
The holder of a voter's identification card for persons
with disabilities or a nursing home resident's identification
card may make application by mail for an official ballot within
the time prescribed by Section 19-2. Such application shall
contain the same information as is included in the form of
application for ballot by a physically incapacitated elector
prescribed in Section 19-3 except that it shall also include
the applicant's voter's identification card for persons with
disabilities card number and except that it need not be sworn
to. If an examination of the records discloses that the
applicant is lawfully entitled to vote, he shall be mailed a
ballot as provided in Section 19-4. The ballot envelope shall
be the same as that prescribed in Section 19-5 for voters with
physical disabilities, and the manner of voting and returning
the ballot shall be the same as that provided in this Article
for other vote by mail ballots, except that a statement to be
subscribed to by the voter but which need not be sworn to shall
be placed on the ballot envelope in lieu of the affidavit
prescribed by Section 19-5.
Any person who knowingly subscribes to a false statement in
connection with voting under this Section shall be guilty of a
Class A misdemeanor.
For the purposes of this Section, "nursing home resident"
includes a resident of (i) a federally operated veterans' home,
hospital, or facility located in Illinois or (ii) a facility
licensed under the ID/DD Community Care Act, the MC/DD Act, or
the Specialized Mental Health Rehabilitation Act of 2013. For
the purposes of this Section, "federally operated veterans'
home, hospital, or facility" means the long-term care
facilities at the Jesse Brown VA Medical Center, Illiana Health
Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical
Center, and Captain James A. Lovell Federal Health Care Center.
(Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15;
99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-581, eff.
1-1-17; 99-642, eff. 6-28-16.)
(10 ILCS 5/19-13) (from Ch. 46, par. 19-13)
Sec. 19-13. Any qualified voter who has been admitted to a
hospital, nursing home, or rehabilitation center due to an
illness or physical injury not more than 14 days before an
election shall be entitled to personal delivery of a vote by
mail ballot in the hospital, nursing home, or rehabilitation
center subject to the following conditions:
(1) The voter completes the Application for Physically
Incapacitated Elector as provided in Section 19-3, stating as
reasons therein that he is a patient in ............... (name
of hospital/home/center), ............... located at,
............... (address of hospital/home/center),
............... (county, city/village), was admitted for
............... (nature of illness or physical injury), on
............... (date of admission), and does not expect to be
released from the hospital/home/center on or before the day of
election or, if released, is expected to be homebound on the
day of the election and unable to travel to the polling place.
(2) The voter's physician, advanced practice registered
nurse, or physician assistant completes a Certificate of
Attending Health Care Professional in a form substantially as
follows:
CERTIFICATE OF ATTENDING HEALTH CARE PROFESSIONAL
I state that I am a physician, advanced practice registered
nurse, or physician assistant, duly licensed to practice in the
State of .........; that .......... is a patient in ..........
(name of hospital/home/center), located at .............
(address of hospital/home/center), ................. (county,
city/village); that such individual was admitted for
............. (nature of illness or physical injury), on
............ (date of admission); and that I have examined such
individual in the State in which I am licensed to practice and
do not expect such individual to be released from the
hospital/home/center on or before the day of election or, if
released, to be able to travel to the polling place on election
day.
Under penalties as provided by law pursuant to Section
29-10 of The Election Code, the undersigned certifies that the
statements set forth in this certification are true and
correct.
(Signature) ...............
(Date licensed) ............
(3) Any person who is registered to vote in the same
precinct as the admitted voter or any legal relative of the
admitted voter may present such voter's vote by mail ballot
application, completed as prescribed in paragraph 1,
accompanied by the physician's, advanced practice registered
nurse's, or a physician assistant's certificate, completed as
prescribed in paragraph 2, to the election authority. Such
precinct voter or relative shall execute and sign an affidavit
furnished by the election authority attesting that he is a
registered voter in the same precinct as the admitted voter or
that he is a legal relative of the admitted voter and stating
the nature of the relationship. Such precinct voter or relative
shall further attest that he has been authorized by the
admitted voter to obtain his or her vote by mail ballot from
the election authority and deliver such ballot to him in the
hospital, home, or center.
Upon receipt of the admitted voter's application,
physician's, advanced practice registered nurse's, or a
physician assistant's certificate, and the affidavit of the
precinct voter or the relative, the election authority shall
examine the registration records to determine if the applicant
is qualified to vote and, if found to be qualified, shall
provide the precinct voter or the relative the vote by mail
ballot for delivery to the applicant.
Upon receipt of the vote by mail ballot, the admitted voter
shall mark the ballot in secret and subscribe to the
certifications on the vote by mail ballot return envelope.
After depositing the ballot in the return envelope and securely
sealing the envelope, such voter shall give the envelope to the
precinct voter or the relative who shall deliver it to the
election authority in sufficient time for the ballot to be
delivered by the election authority to the election authority's
central ballot counting location before 7 p.m. on election day.
Upon receipt of the admitted voter's vote by mail ballot,
the ballot shall be counted in the manner prescribed in this
Article.
(Source: P.A. 98-1171, eff. 6-1-15; 99-581, eff. 1-1-17.)
Section 20. The Illinois Identification Card Act is amended
by changing Section 4 as follows:
(15 ILCS 335/4) (from Ch. 124, par. 24)
(Text of Section before amendment by P.A. 99-907)
Sec. 4. Identification card.
(a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof, or who applies for a standard Illinois Identification
Card upon release as a committed person on parole, mandatory
supervised release, aftercare release, final discharge, or
pardon from the Department of Corrections or Department of
Juvenile Justice by submitting an identification card issued by
the Department of Corrections or Department of Juvenile Justice
under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
Corrections, together with the prescribed fees. No
identification card shall be issued to any person who holds a
valid foreign state identification card, license, or permit
unless the person first surrenders to the Secretary of State
the valid foreign state identification card, license, or
permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and signature
or mark of the applicant. However, the Secretary of State may
provide by rule for the issuance of Illinois Identification
Cards without photographs if the applicant has a bona fide
religious objection to being photographed or to the display of
his or her photograph. The Illinois Identification Card may be
used for identification purposes in any lawful situation only
by the person to whom it was issued. As used in this Act,
"photograph" means any color photograph or digitally produced
and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as
written by that person and captured in a manner acceptable to
the Secretary of State.
(a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-10) If the applicant is a judicial officer as defined in
Section 1-10 of the Judicial Privacy Act or a peace officer,
the applicant may elect to have his or her office or work
address listed on the card instead of the applicant's residence
or mailing address. The Secretary may promulgate rules to
implement this provision. For the purposes of this subsection
(a-10), "peace officer" means any person who by virtue of his
or her office or public employment is vested by law with a duty
to maintain public order or to make arrests for a violation of
any penal statute of this State, whether that duty extends to
all violations or is limited to specific violations.
(a-15) The Secretary of State may provide for an expedited
process for the issuance of an Illinois Identification Card.
The Secretary shall charge an additional fee for the expedited
issuance of an Illinois Identification Card, to be set by rule,
not to exceed $75. All fees collected by the Secretary for
expedited Illinois Identification Card service shall be
deposited into the Secretary of State Special Services Fund.
The Secretary may adopt rules regarding the eligibility,
process, and fee for an expedited Illinois Identification Card.
If the Secretary of State determines that the volume of
expedited identification card requests received on a given day
exceeds the ability of the Secretary to process those requests
in an expedited manner, the Secretary may decline to provide
expedited services, and the additional fee for the expedited
service shall be refunded to the applicant.
(b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois Person
with a Disability Identification Card, to any natural person
who is a resident of the State of Illinois, who is a person
with a disability as defined in Section 4A of this Act, who
applies for such card, or renewal thereof. No Illinois Person
with a Disability Identification Card shall be issued to any
person who holds a valid foreign state identification card,
license, or permit unless the person first surrenders to the
Secretary of State the valid foreign state identification card,
license, or permit. The Secretary of State shall charge no fee
to issue such card. The card shall be prepared and supplied by
the Secretary of State, and shall include a photograph and
signature or mark of the applicant, a designation indicating
that the card is an Illinois Person with a Disability
Identification Card, and shall include a comprehensible
designation of the type and classification of the applicant's
disability as set out in Section 4A of this Act. However, the
Secretary of State may provide by rule for the issuance of
Illinois Person with a Disability Identification Cards without
photographs if the applicant has a bona fide religious
objection to being photographed or to the display of his or her
photograph. If the applicant so requests, the card shall
include a description of the applicant's disability and any
information about the applicant's disability or medical
history which the Secretary determines would be helpful to the
applicant in securing emergency medical care. If a mark is used
in lieu of a signature, such mark shall be affixed to the card
in the presence of two witnesses who attest to the authenticity
of the mark. The Illinois Person with a Disability
Identification Card may be used for identification purposes in
any lawful situation by the person to whom it was issued.
The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant, a determination of
disability from an advanced practice registered nurse, or any
other documentation of disability whenever any State law
requires that a person with a disability provide such
documentation of disability, however an Illinois Person with a
Disability Identification Card shall not qualify the
cardholder to participate in any program or to receive any
benefit which is not available to all persons with like
disabilities. Notwithstanding any other provisions of law, an
Illinois Person with a Disability Identification Card, or
evidence that the Secretary of State has issued an Illinois
Person with a Disability Identification Card, shall not be used
by any person other than the person named on such card to prove
that the person named on such card is a person with a
disability or for any other purpose unless the card is used for
the benefit of the person named on such card, and the person
named on such card consents to such use at the time the card is
so used.
An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation for
the purpose of issuing an Illinois Person with a Disability
Identification Card.
When medical information is contained on an Illinois Person
with a Disability Identification Card, the Office of the
Secretary of State shall not be liable for any actions taken
based upon that medical information.
(c) The Secretary of State shall provide that each original
or renewal Illinois Identification Card or Illinois Person with
a Disability Identification Card issued to a person under the
age of 21 shall be of a distinct nature from those Illinois
Identification Cards or Illinois Person with a Disability
Identification Cards issued to individuals 21 years of age or
older. The color designated for Illinois Identification Cards
or Illinois Person with a Disability Identification Cards for
persons under the age of 21 shall be at the discretion of the
Secretary of State.
(c-1) Each original or renewal Illinois Identification
Card or Illinois Person with a Disability Identification Card
issued to a person under the age of 21 shall display the date
upon which the person becomes 18 years of age and the date upon
which the person becomes 21 years of age.
(c-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State in
identifying these veterans and delivering these vital services
and benefits, the Secretary of State is authorized to issue
Illinois Identification Cards and Illinois Person with a
Disability Identification Cards with the word "veteran"
appearing on the face of the cards. This authorization is
predicated on the unique status of veterans. The Secretary may
not issue any other identification card which identifies an
occupation, status, affiliation, hobby, or other unique
characteristics of the identification card holder which is
unrelated to the purpose of the identification card.
(c-5) Beginning on or before July 1, 2015, the Secretary of
State shall designate a space on each original or renewal
identification card where, at the request of the applicant, the
word "veteran" shall be placed. The veteran designation shall
be available to a person identified as a veteran under
subsection (b) of Section 5 of this Act who was discharged or
separated under honorable conditions.
(d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made available
at, but not limited to, nutrition sites, senior citizen centers
and Area Agencies on Aging. The applicant, upon receipt of such
card and prior to its use for any purpose, shall have affixed
thereon in the space provided therefor his signature or mark.
(e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Person with a Disability Identification Card a space where the
card holder may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
card holder has renewed his or her Illinois Identification Card
or Illinois Person with a Disability Identification Card.
(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
98-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
7-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642,
eff. 7-28-16.)
(Text of Section after amendment by P.A. 99-907)
Sec. 4. Identification Card.
(a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof. No identification card shall be issued to any person
who holds a valid foreign state identification card, license,
or permit unless the person first surrenders to the Secretary
of State the valid foreign state identification card, license,
or permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and signature
or mark of the applicant. However, the Secretary of State may
provide by rule for the issuance of Illinois Identification
Cards without photographs if the applicant has a bona fide
religious objection to being photographed or to the display of
his or her photograph. The Illinois Identification Card may be
used for identification purposes in any lawful situation only
by the person to whom it was issued. As used in this Act,
"photograph" means any color photograph or digitally produced
and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as
written by that person and captured in a manner acceptable to
the Secretary of State.
(a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-10) If the applicant is a judicial officer as defined in
Section 1-10 of the Judicial Privacy Act or a peace officer,
the applicant may elect to have his or her office or work
address listed on the card instead of the applicant's residence
or mailing address. The Secretary may promulgate rules to
implement this provision. For the purposes of this subsection
(a-10), "peace officer" means any person who by virtue of his
or her office or public employment is vested by law with a duty
to maintain public order or to make arrests for a violation of
any penal statute of this State, whether that duty extends to
all violations or is limited to specific violations.
(a-15) The Secretary of State may provide for an expedited
process for the issuance of an Illinois Identification Card.
The Secretary shall charge an additional fee for the expedited
issuance of an Illinois Identification Card, to be set by rule,
not to exceed $75. All fees collected by the Secretary for
expedited Illinois Identification Card service shall be
deposited into the Secretary of State Special Services Fund.
The Secretary may adopt rules regarding the eligibility,
process, and fee for an expedited Illinois Identification Card.
If the Secretary of State determines that the volume of
expedited identification card requests received on a given day
exceeds the ability of the Secretary to process those requests
in an expedited manner, the Secretary may decline to provide
expedited services, and the additional fee for the expedited
service shall be refunded to the applicant.
(a-20) The Secretary of State shall issue a standard
Illinois Identification Card to a committed person upon release
on parole, mandatory supervised release, aftercare release,
final discharge, or pardon from the Department of Corrections
or Department of Juvenile Justice, if the released person
presents a certified copy of his or her birth certificate,
social security card or other documents authorized by the
Secretary, and 2 documents proving his or her Illinois
residence address. Documents proving residence address may
include any official document of the Department of Corrections
or the Department of Juvenile Justice showing the released
person's address after release and a Secretary of State
prescribed certificate of residency form, which may be executed
by Department of Corrections or Department of Juvenile Justice
personnel.
(a-25) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a committed
person upon release on parole, mandatory supervised release,
aftercare release, final discharge, or pardon from the
Department of Corrections or Department of Juvenile Justice, if
the released person is unable to present a certified copy of
his or her birth certificate and social security card or other
documents authorized by the Secretary, but does present a
Secretary of State prescribed verification form completed by
the Department of Corrections or Department of Juvenile
Justice, verifying the released person's date of birth and
social security number and 2 documents proving his or her
Illinois residence address. The verification form must have
been completed no more than 30 days prior to the date of
application for the Illinois Identification Card. Documents
proving residence address shall include any official document
of the Department of Corrections or the Department of Juvenile
Justice showing the person's address after release and a
Secretary of State prescribed certificate of residency, which
may be executed by Department of Corrections or Department of
Juvenile Justice personnel.
Prior to the expiration of the 90-day period of the
limited-term Illinois Identification Card, if the released
person submits to the Secretary of State a certified copy of
his or her birth certificate and his or her social security
card or other documents authorized by the Secretary, a standard
Illinois Identification Card shall be issued. A limited-term
Illinois Identification Card may not be renewed.
(b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois Person
with a Disability Identification Card, to any natural person
who is a resident of the State of Illinois, who is a person
with a disability as defined in Section 4A of this Act, who
applies for such card, or renewal thereof. No Illinois Person
with a Disability Identification Card shall be issued to any
person who holds a valid foreign state identification card,
license, or permit unless the person first surrenders to the
Secretary of State the valid foreign state identification card,
license, or permit. The Secretary of State shall charge no fee
to issue such card. The card shall be prepared and supplied by
the Secretary of State, and shall include a photograph and
signature or mark of the applicant, a designation indicating
that the card is an Illinois Person with a Disability
Identification Card, and shall include a comprehensible
designation of the type and classification of the applicant's
disability as set out in Section 4A of this Act. However, the
Secretary of State may provide by rule for the issuance of
Illinois Person with a Disability Identification Cards without
photographs if the applicant has a bona fide religious
objection to being photographed or to the display of his or her
photograph. If the applicant so requests, the card shall
include a description of the applicant's disability and any
information about the applicant's disability or medical
history which the Secretary determines would be helpful to the
applicant in securing emergency medical care. If a mark is used
in lieu of a signature, such mark shall be affixed to the card
in the presence of two witnesses who attest to the authenticity
of the mark. The Illinois Person with a Disability
Identification Card may be used for identification purposes in
any lawful situation by the person to whom it was issued.
The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant, a determination of
disability from an advanced practice registered nurse, or any
other documentation of disability whenever any State law
requires that a person with a disability provide such
documentation of disability, however an Illinois Person with a
Disability Identification Card shall not qualify the
cardholder to participate in any program or to receive any
benefit which is not available to all persons with like
disabilities. Notwithstanding any other provisions of law, an
Illinois Person with a Disability Identification Card, or
evidence that the Secretary of State has issued an Illinois
Person with a Disability Identification Card, shall not be used
by any person other than the person named on such card to prove
that the person named on such card is a person with a
disability or for any other purpose unless the card is used for
the benefit of the person named on such card, and the person
named on such card consents to such use at the time the card is
so used.
An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation for
the purpose of issuing an Illinois Person with a Disability
Identification Card.
When medical information is contained on an Illinois Person
with a Disability Identification Card, the Office of the
Secretary of State shall not be liable for any actions taken
based upon that medical information.
(c) The Secretary of State shall provide that each original
or renewal Illinois Identification Card or Illinois Person with
a Disability Identification Card issued to a person under the
age of 21 shall be of a distinct nature from those Illinois
Identification Cards or Illinois Person with a Disability
Identification Cards issued to individuals 21 years of age or
older. The color designated for Illinois Identification Cards
or Illinois Person with a Disability Identification Cards for
persons under the age of 21 shall be at the discretion of the
Secretary of State.
(c-1) Each original or renewal Illinois Identification
Card or Illinois Person with a Disability Identification Card
issued to a person under the age of 21 shall display the date
upon which the person becomes 18 years of age and the date upon
which the person becomes 21 years of age.
(c-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State in
identifying these veterans and delivering these vital services
and benefits, the Secretary of State is authorized to issue
Illinois Identification Cards and Illinois Person with a
Disability Identification Cards with the word "veteran"
appearing on the face of the cards. This authorization is
predicated on the unique status of veterans. The Secretary may
not issue any other identification card which identifies an
occupation, status, affiliation, hobby, or other unique
characteristics of the identification card holder which is
unrelated to the purpose of the identification card.
(c-5) Beginning on or before July 1, 2015, the Secretary of
State shall designate a space on each original or renewal
identification card where, at the request of the applicant, the
word "veteran" shall be placed. The veteran designation shall
be available to a person identified as a veteran under
subsection (b) of Section 5 of this Act who was discharged or
separated under honorable conditions.
(d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made available
at, but not limited to, nutrition sites, senior citizen centers
and Area Agencies on Aging. The applicant, upon receipt of such
card and prior to its use for any purpose, shall have affixed
thereon in the space provided therefor his signature or mark.
(e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Person with a Disability Identification Card a space where the
card holder may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
card holder has renewed his or her Illinois Identification Card
or Illinois Person with a Disability Identification Card.
(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
98-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
7-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642,
eff. 7-28-16; 99-907, eff. 7-1-17.)
Section 25. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 5-23 as follows:
(20 ILCS 301/5-23)
Sec. 5-23. Drug Overdose Prevention Program.
(a) Reports of drug overdose.
(1) The Director of the Division of Alcoholism and
Substance Abuse shall publish annually a report on drug
overdose trends statewide that reviews State death rates
from available data to ascertain changes in the causes or
rates of fatal and nonfatal drug overdose. The report shall
also provide information on interventions that would be
effective in reducing the rate of fatal or nonfatal drug
overdose and shall include an analysis of drug overdose
information reported to the Department of Public Health
pursuant to subsection (e) of Section 3-3013 of the
Counties Code, Section 6.14g of the Hospital Licensing Act,
and subsection (j) of Section 22-30 of the School Code.
(2) The report may include:
(A) Trends in drug overdose death rates.
(B) Trends in emergency room utilization related
to drug overdose and the cost impact of emergency room
utilization.
(C) Trends in utilization of pre-hospital and
emergency services and the cost impact of emergency
services utilization.
(D) Suggested improvements in data collection.
(E) A description of other interventions effective
in reducing the rate of fatal or nonfatal drug
overdose.
(F) A description of efforts undertaken to educate
the public about unused medication and about how to
properly dispose of unused medication, including the
number of registered collection receptacles in this
State, mail-back programs, and drug take-back events.
(b) Programs; drug overdose prevention.
(1) The Director may establish a program to provide for
the production and publication, in electronic and other
formats, of drug overdose prevention, recognition, and
response literature. The Director may develop and
disseminate curricula for use by professionals,
organizations, individuals, or committees interested in
the prevention of fatal and nonfatal drug overdose,
including, but not limited to, drug users, jail and prison
personnel, jail and prison inmates, drug treatment
professionals, emergency medical personnel, hospital
staff, families and associates of drug users, peace
officers, firefighters, public safety officers, needle
exchange program staff, and other persons. In addition to
information regarding drug overdose prevention,
recognition, and response, literature produced by the
Department shall stress that drug use remains illegal and
highly dangerous and that complete abstinence from illegal
drug use is the healthiest choice. The literature shall
provide information and resources for substance abuse
treatment.
The Director may establish or authorize programs for
prescribing, dispensing, or distributing opioid
antagonists for the treatment of drug overdose. Such
programs may include the prescribing of opioid antagonists
for the treatment of drug overdose to a person who is not
at risk of opioid overdose but who, in the judgment of the
health care professional, may be in a position to assist
another individual during an opioid-related drug overdose
and who has received basic instruction on how to administer
an opioid antagonist.
(2) The Director may provide advice to State and local
officials on the growing drug overdose crisis, including
the prevalence of drug overdose incidents, programs
promoting the disposal of unused prescription drugs,
trends in drug overdose incidents, and solutions to the
drug overdose crisis.
(c) Grants.
(1) The Director may award grants, in accordance with
this subsection, to create or support local drug overdose
prevention, recognition, and response projects. Local
health departments, correctional institutions, hospitals,
universities, community-based organizations, and
faith-based organizations may apply to the Department for a
grant under this subsection at the time and in the manner
the Director prescribes.
(2) In awarding grants, the Director shall consider the
necessity for overdose prevention projects in various
settings and shall encourage all grant applicants to
develop interventions that will be effective and viable in
their local areas.
(3) The Director shall give preference for grants to
proposals that, in addition to providing life-saving
interventions and responses, provide information to drug
users on how to access drug treatment or other strategies
for abstaining from illegal drugs. The Director shall give
preference to proposals that include one or more of the
following elements:
(A) Policies and projects to encourage persons,
including drug users, to call 911 when they witness a
potentially fatal drug overdose.
(B) Drug overdose prevention, recognition, and
response education projects in drug treatment centers,
outreach programs, and other organizations that work
with, or have access to, drug users and their families
and communities.
(C) Drug overdose recognition and response
training, including rescue breathing, in drug
treatment centers and for other organizations that
work with, or have access to, drug users and their
families and communities.
(D) The production and distribution of targeted or
mass media materials on drug overdose prevention and
response, the potential dangers of keeping unused
prescription drugs in the home, and methods to properly
dispose of unused prescription drugs.
(E) Prescription and distribution of opioid
antagonists.
(F) The institution of education and training
projects on drug overdose response and treatment for
emergency services and law enforcement personnel.
(G) A system of parent, family, and survivor
education and mutual support groups.
(4) In addition to moneys appropriated by the General
Assembly, the Director may seek grants from private
foundations, the federal government, and other sources to
fund the grants under this Section and to fund an
evaluation of the programs supported by the grants.
(d) Health care professional prescription of opioid
antagonists.
(1) A health care professional who, acting in good
faith, directly or by standing order, prescribes or
dispenses an opioid antagonist to: (a) a patient who, in
the judgment of the health care professional, is capable of
administering the drug in an emergency, or (b) a person who
is not at risk of opioid overdose but who, in the judgment
of the health care professional, may be in a position to
assist another individual during an opioid-related drug
overdose and who has received basic instruction on how to
administer an opioid antagonist shall not, as a result of
his or her acts or omissions, be subject to: (i) any
disciplinary or other adverse action under the Medical
Practice Act of 1987, the Physician Assistant Practice Act
of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
or any other professional licensing statute or (ii) any
criminal liability, except for willful and wanton
misconduct.
(2) A person who is not otherwise licensed to
administer an opioid antagonist may in an emergency
administer without fee an opioid antagonist if the person
has received the patient information specified in
paragraph (4) of this subsection and believes in good faith
that another person is experiencing a drug overdose. The
person shall not, as a result of his or her acts or
omissions, be (i) liable for any violation of the Medical
Practice Act of 1987, the Physician Assistant Practice Act
of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
or any other professional licensing statute, or (ii)
subject to any criminal prosecution or civil liability,
except for willful and wanton misconduct.
(3) A health care professional prescribing an opioid
antagonist to a patient shall ensure that the patient
receives the patient information specified in paragraph
(4) of this subsection. Patient information may be provided
by the health care professional or a community-based
organization, substance abuse program, or other
organization with which the health care professional
establishes a written agreement that includes a
description of how the organization will provide patient
information, how employees or volunteers providing
information will be trained, and standards for documenting
the provision of patient information to patients.
Provision of patient information shall be documented in the
patient's medical record or through similar means as
determined by agreement between the health care
professional and the organization. The Director of the
Division of Alcoholism and Substance Abuse, in
consultation with statewide organizations representing
physicians, pharmacists, advanced practice registered
nurses, physician assistants, substance abuse programs,
and other interested groups, shall develop and disseminate
to health care professionals, community-based
organizations, substance abuse programs, and other
organizations training materials in video, electronic, or
other formats to facilitate the provision of such patient
information.
(4) For the purposes of this subsection:
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids
acting on those receptors, including, but not limited to,
naloxone hydrochloride or any other similarly acting drug
approved by the U.S. Food and Drug Administration.
"Health care professional" means a physician licensed
to practice medicine in all its branches, a licensed
physician assistant with prescriptive authority, a
licensed advanced practice registered nurse with
prescriptive authority, an advanced practice registered
nurse or physician assistant who practices in a hospital,
hospital affiliate, or ambulatory surgical treatment
center and possesses appropriate clinical privileges in
accordance with the Nurse Practice Act, or a pharmacist
licensed to practice pharmacy under the Pharmacy Practice
Act.
"Patient" includes a person who is not at risk of
opioid overdose but who, in the judgment of the physician,
advanced practice registered nurse, or physician
assistant, may be in a position to assist another
individual during an overdose and who has received patient
information as required in paragraph (2) of this subsection
on the indications for and administration of an opioid
antagonist.
"Patient information" includes information provided to
the patient on drug overdose prevention and recognition;
how to perform rescue breathing and resuscitation; opioid
antagonist dosage and administration; the importance of
calling 911; care for the overdose victim after
administration of the overdose antagonist; and other
issues as necessary.
(e) Drug overdose response policy.
(1) Every State and local government agency that
employs a law enforcement officer or fireman as those terms
are defined in the Line of Duty Compensation Act must
possess opioid antagonists and must establish a policy to
control the acquisition, storage, transportation, and
administration of such opioid antagonists and to provide
training in the administration of opioid antagonists. A
State or local government agency that employs a fireman as
defined in the Line of Duty Compensation Act but does not
respond to emergency medical calls or provide medical
services shall be exempt from this subsection.
(2) Every publicly or privately owned ambulance,
special emergency medical services vehicle, non-transport
vehicle, or ambulance assist vehicle, as described in the
Emergency Medical Services (EMS) Systems Act, which
responds to requests for emergency services or transports
patients between hospitals in emergency situations must
possess opioid antagonists.
(3) Entities that are required under paragraphs (1) and
(2) to possess opioid antagonists may also apply to the
Department for a grant to fund the acquisition of opioid
antagonists and training programs on the administration of
opioid antagonists.
(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
99-581, eff. 1-1-17; 99-642, eff. 7-28-16; revised 9-19-16.)
Section 30. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
changing Section 405-105 as follows:
(20 ILCS 405/405-105) (was 20 ILCS 405/64.1)
Sec. 405-105. Fidelity, surety, property, and casualty
insurance. The Department shall establish and implement a
program to coordinate the handling of all fidelity, surety,
property, and casualty insurance exposures of the State and the
departments, divisions, agencies, branches, and universities
of the State. In performing this responsibility, the Department
shall have the power and duty to do the following:
(1) Develop and maintain loss and exposure data on all
State property.
(2) Study the feasibility of establishing a
self-insurance plan for State property and prepare
estimates of the costs of reinsurance for risks beyond the
realistic limits of the self-insurance.
(3) Prepare a plan for centralizing the purchase of
property and casualty insurance on State property under a
master policy or policies and purchase the insurance
contracted for as provided in the Illinois Purchasing Act.
(4) Evaluate existing provisions for fidelity bonds
required of State employees and recommend changes that are
appropriate commensurate with risk experience and the
determinations respecting self-insurance or reinsurance so
as to permit reduction of costs without loss of coverage.
(5) Investigate procedures for inclusion of school
districts, public community college districts, and other
units of local government in programs for the centralized
purchase of insurance.
(6) Implement recommendations of the State Property
Insurance Study Commission that the Department finds
necessary or desirable in the performance of its powers and
duties under this Section to achieve efficient and
comprehensive risk management.
(7) Prepare and, in the discretion of the Director,
implement a plan providing for the purchase of public
liability insurance or for self-insurance for public
liability or for a combination of purchased insurance and
self-insurance for public liability (i) covering the State
and drivers of motor vehicles owned, leased, or controlled
by the State of Illinois pursuant to the provisions and
limitations contained in the Illinois Vehicle Code, (ii)
covering other public liability exposures of the State and
its employees within the scope of their employment, and
(iii) covering drivers of motor vehicles not owned, leased,
or controlled by the State but used by a State employee on
State business, in excess of liability covered by an
insurance policy obtained by the owner of the motor vehicle
or in excess of the dollar amounts that the Department
shall determine to be reasonable. Any contract of insurance
let under this Law shall be by bid in accordance with the
procedure set forth in the Illinois Purchasing Act. Any
provisions for self-insurance shall conform to subdivision
(11).
The term "employee" as used in this subdivision (7) and
in subdivision (11) means a person while in the employ of
the State who is a member of the staff or personnel of a
State agency, bureau, board, commission, committee,
department, university, or college or who is a State
officer, elected official, commissioner, member of or ex
officio member of a State agency, bureau, board,
commission, committee, department, university, or college,
or a member of the National Guard while on active duty
pursuant to orders of the Governor of the State of
Illinois, or any other person while using a licensed motor
vehicle owned, leased, or controlled by the State of
Illinois with the authorization of the State of Illinois,
provided the actual use of the motor vehicle is within the
scope of that authorization and within the course of State
service.
Subsequent to payment of a claim on behalf of an
employee pursuant to this Section and after reasonable
advance written notice to the employee, the Director may
exclude the employee from future coverage or limit the
coverage under the plan if (i) the Director determines that
the claim resulted from an incident in which the employee
was grossly negligent or had engaged in willful and wanton
misconduct or (ii) the Director determines that the
employee is no longer an acceptable risk based on a review
of prior accidents in which the employee was at fault and
for which payments were made pursuant to this Section.
The Director is authorized to promulgate
administrative rules that may be necessary to establish and
administer the plan.
Appropriations from the Road Fund shall be used to pay
auto liability claims and related expenses involving
employees of the Department of Transportation, the
Illinois State Police, and the Secretary of State.
(8) Charge, collect, and receive from all other
agencies of the State government fees or monies equivalent
to the cost of purchasing the insurance.
(9) Establish, through the Director, charges for risk
management services rendered to State agencies by the
Department. The State agencies so charged shall reimburse
the Department by vouchers drawn against their respective
appropriations. The reimbursement shall be determined by
the Director as amounts sufficient to reimburse the
Department for expenditures incurred in rendering the
service.
The Department shall charge the employing State agency
or university for workers' compensation payments for
temporary total disability paid to any employee after the
employee has received temporary total disability payments
for 120 days if the employee's treating physician, advanced
practice registered nurse, or physician assistant has
issued a release to return to work with restrictions and
the employee is able to perform modified duty work but the
employing State agency or university does not return the
employee to work at modified duty. Modified duty shall be
duties assigned that may or may not be delineated as part
of the duties regularly performed by the employee. Modified
duties shall be assigned within the prescribed
restrictions established by the treating physician and the
physician who performed the independent medical
examination. The amount of all reimbursements shall be
deposited into the Workers' Compensation Revolving Fund
which is hereby created as a revolving fund in the State
treasury. In addition to any other purpose authorized by
law, moneys in the Fund shall be used, subject to
appropriation, to pay these or other temporary total
disability claims of employees of State agencies and
universities.
Beginning with fiscal year 1996, all amounts recovered
by the Department through subrogation in workers'
compensation and workers' occupational disease cases shall
be deposited into the Workers' Compensation Revolving Fund
created under this subdivision (9).
(10) Establish rules, procedures, and forms to be used
by State agencies in the administration and payment of
workers' compensation claims. For claims filed prior to
July 1, 2013, the Department shall initially evaluate and
determine the compensability of any injury that is the
subject of a workers' compensation claim and provide for
the administration and payment of such a claim for all
State agencies. For claims filed on or after July 1, 2013,
the Department shall retain responsibility for certain
administrative payments including, but not limited to,
payments to the private vendor contracted to perform
services under subdivision (10b) of this Section, payments
related to travel expenses for employees of the Office of
the Attorney General, and payments to internal Department
staff responsible for the oversight and management of any
contract awarded pursuant to subdivision (10b) of this
Section. Through December 31, 2012, the Director may
delegate to any agency with the agreement of the agency
head the responsibility for evaluation, administration,
and payment of that agency's claims. Neither the Department
nor the private vendor contracted to perform services under
subdivision (10b) of this Section shall be responsible for
providing workers' compensation services to the Illinois
State Toll Highway Authority or to State universities that
maintain self-funded workers' compensation liability
programs.
(10a) By April 1 of each year prior to calendar year
2013, the Director must report and provide information to
the State Workers' Compensation Program Advisory Board
concerning the status of the State workers' compensation
program for the next fiscal year. Information that the
Director must provide to the State Workers' Compensation
Program Advisory Board includes, but is not limited to,
documents, reports of negotiations, bid invitations,
requests for proposals, specifications, copies of proposed
and final contracts or agreements, and any other materials
concerning contracts or agreements for the program. By the
first of each month prior to calendar year 2013, the
Director must provide updated, and any new, information to
the State Workers' Compensation Program Advisory Board
until the State workers' compensation program for the next
fiscal year is determined.
(10b) No later than January 1, 2013, the chief
procurement officer appointed under paragraph (4) of
subsection (a) of Section 10-20 of the Illinois Procurement
Code (hereinafter "chief procurement officer"), in
consultation with the Department of Central Management
Services, shall procure one or more private vendors to
administer the program providing payments for workers'
compensation liability with respect to the employees of all
State agencies. The chief procurement officer may procure a
single contract applicable to all State agencies or
multiple contracts applicable to one or more State
agencies. If the chief procurement officer procures a
single contract applicable to all State agencies, then the
Department of Central Management Services shall be
designated as the agency that enters into the contract and
shall be responsible for the contract. If the chief
procurement officer procures multiple contracts applicable
to one or more State agencies, each agency to which the
contract applies shall be designated as the agency that
shall enter into the contract and shall be responsible for
the contract. If the chief procurement officer procures
contracts applicable to an individual State agency, the
agency subject to the contract shall be designated as the
agency responsible for the contract.
(10c) The procurement of private vendors for the
administration of the workers' compensation program for
State employees is subject to the provisions of the
Illinois Procurement Code and administration by the chief
procurement officer.
(10d) Contracts for the procurement of private vendors
for the administration of the workers' compensation
program for State employees shall be based upon, but
limited to, the following criteria: (i) administrative
cost, (ii) service capabilities of the vendor, and (iii)
the compensation (including premiums, fees, or other
charges). A vendor for the administration of the workers'
compensation program for State employees shall provide
services, including, but not limited to:
(A) providing a web-based case management system
and provide access to the Office of the Attorney
General;
(B) ensuring claims adjusters are available to
provide testimony or information as requested by the
Office of the Attorney General;
(C) establishing a preferred provider program for
all State agencies and facilities; and
(D) authorizing the payment of medical bills at the
preferred provider discount rate.
(10e) By September 15, 2012, the Department of Central
Management Services shall prepare a plan to effectuate the
transfer of responsibility and administration of the
workers' compensation program for State employees to the
selected private vendors. The Department shall submit a
copy of the plan to the General Assembly.
(11) Any plan for public liability self-insurance
implemented under this Section shall provide that (i) the
Department shall attempt to settle and may settle any
public liability claim filed against the State of Illinois
or any public liability claim filed against a State
employee on the basis of an occurrence in the course of the
employee's State employment; (ii) any settlement of such a
claim is not subject to fiscal year limitations and must be
approved by the Director and, in cases of settlements
exceeding $100,000, by the Governor; and (iii) a settlement
of any public liability claim against the State or a State
employee shall require an unqualified release of any right
of action against the State and the employee for acts
within the scope of the employee's employment giving rise
to the claim.
Whenever and to the extent that a State employee
operates a motor vehicle or engages in other activity
covered by self-insurance under this Section, the State of
Illinois shall defend, indemnify, and hold harmless the
employee against any claim in tort filed against the
employee for acts or omissions within the scope of the
employee's employment in any proper judicial forum and not
settled pursuant to this subdivision (11), provided that
this obligation of the State of Illinois shall not exceed a
maximum liability of $2,000,000 for any single occurrence
in connection with the operation of a motor vehicle or
$100,000 per person per occurrence for any other single
occurrence, or $500,000 for any single occurrence in
connection with the provision of medical care by a licensed
physician, advanced practice registered nurse, or
physician assistant employee.
Any claims against the State of Illinois under a
self-insurance plan that are not settled pursuant to this
subdivision (11) shall be heard and determined by the Court
of Claims and may not be filed or adjudicated in any other
forum. The Attorney General of the State of Illinois or the
Attorney General's designee shall be the attorney with
respect to all public liability self-insurance claims that
are not settled pursuant to this subdivision (11) and
therefore result in litigation. The payment of any award of
the Court of Claims entered against the State relating to
any public liability self-insurance claim shall act as a
release against any State employee involved in the
occurrence.
(12) Administer a plan the purpose of which is to make
payments on final settlements or final judgments in
accordance with the State Employee Indemnification Act.
The plan shall be funded through appropriations from the
General Revenue Fund specifically designated for that
purpose, except that indemnification expenses for
employees of the Department of Transportation, the
Illinois State Police, and the Secretary of State shall be
paid from the Road Fund. The term "employee" as used in
this subdivision (12) has the same meaning as under
subsection (b) of Section 1 of the State Employee
Indemnification Act. Subject to sufficient appropriation,
the Director shall approve payment of any claim, without
regard to fiscal year limitations, presented to the
Director that is supported by a final settlement or final
judgment when the Attorney General and the chief officer of
the public body against whose employee the claim or cause
of action is asserted certify to the Director that the
claim is in accordance with the State Employee
Indemnification Act and that they approve of the payment.
In no event shall an amount in excess of $150,000 be paid
from this plan to or for the benefit of any claimant.
(13) Administer a plan the purpose of which is to make
payments on final settlements or final judgments for
employee wage claims in situations where there was an
appropriation relevant to the wage claim, the fiscal year
and lapse period have expired, and sufficient funds were
available to pay the claim. The plan shall be funded
through appropriations from the General Revenue Fund
specifically designated for that purpose.
Subject to sufficient appropriation, the Director is
authorized to pay any wage claim presented to the Director
that is supported by a final settlement or final judgment
when the chief officer of the State agency employing the
claimant certifies to the Director that the claim is a
valid wage claim and that the fiscal year and lapse period
have expired. Payment for claims that are properly
submitted and certified as valid by the Director shall
include interest accrued at the rate of 7% per annum from
the forty-fifth day after the claims are received by the
Department or 45 days from the date on which the amount of
payment is agreed upon, whichever is later, until the date
the claims are submitted to the Comptroller for payment.
When the Attorney General has filed an appearance in any
proceeding concerning a wage claim settlement or judgment,
the Attorney General shall certify to the Director that the
wage claim is valid before any payment is made. In no event
shall an amount in excess of $150,000 be paid from this
plan to or for the benefit of any claimant.
Nothing in Public Act 84-961 shall be construed to
affect in any manner the jurisdiction of the Court of
Claims concerning wage claims made against the State of
Illinois.
(14) Prepare and, in the discretion of the Director,
implement a program for self-insurance for official
fidelity and surety bonds for officers and employees as
authorized by the Official Bond Act.
(Source: P.A. 99-581, eff. 1-1-17.)
Section 35. The Regional Integrated Behavioral Health
Networks Act is amended by changing Section 20 as follows:
(20 ILCS 1340/20)
Sec. 20. Steering Committee and Networks.
(a) To achieve these goals, the Department of Human
Services shall convene a Regional Integrated Behavioral Health
Networks Steering Committee (hereinafter "Steering Committee")
comprised of State agencies involved in the provision,
regulation, or financing of health, mental health, substance
abuse, rehabilitation, and other services. These include, but
shall not be limited to, the following agencies:
(1) The Department of Healthcare and Family Services.
(2) The Department of Human Services and its Divisions
of Mental Illness and Alcoholism and Substance Abuse
Services.
(3) The Department of Public Health, including its
Center for Rural Health.
The Steering Committee shall include a representative from
each Network. The agencies of the Steering Committee are
directed to work collaboratively to provide consultation,
advice, and leadership to the Networks in facilitating
communication within and across multiple agencies and in
removing regulatory barriers that may prevent Networks from
accomplishing the goals. The Steering Committee collectively
or through one of its member Agencies shall also provide
technical assistance to the Networks.
(b) There also shall be convened Networks in each of the
Department of Human Services' regions comprised of
representatives of community stakeholders represented in the
Network, including when available, but not limited to, relevant
trade and professional associations representing hospitals,
community providers, public health care, hospice care, long
term care, law enforcement, emergency medical service,
physicians, advanced practice registered nurses, and physician
assistants trained in psychiatry; an organization that
advocates on behalf of federally qualified health centers, an
organization that advocates on behalf of persons suffering with
mental illness and substance abuse disorders, an organization
that advocates on behalf of persons with disabilities, an
organization that advocates on behalf of persons who live in
rural areas, an organization that advocates on behalf of
persons who live in medically underserved areas; and others
designated by the Steering Committee or the Networks. A member
from each Network may choose a representative who may serve on
the Steering Committee.
(Source: P.A. 99-581, eff. 1-1-17.)
Section 40. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Sections 5.1, 14, and 15.4 as follows:
(20 ILCS 1705/5.1) (from Ch. 91 1/2, par. 100-5.1)
Sec. 5.1. The Department shall develop, by rule, the
procedures and standards by which it shall approve medications
for clinical use in its facilities. A list of those drugs
approved pursuant to these procedures shall be distributed to
all Department facilities.
Drugs not listed by the Department may not be administered
in facilities under the jurisdiction of the Department,
provided that an unlisted drug may be administered as part of
research with the prior written consent of the Secretary
specifying the nature of the permitted use and the physicians
authorized to prescribe the drug. Drugs, as used in this
Section, mean psychotropic and narcotic drugs.
No physician, advanced practice registered nurse, or
physician assistant in the Department shall sign a prescription
in blank, nor permit blank prescription forms to circulate out
of his possession or control.
(Source: P.A. 99-581, eff. 1-1-17.)
(20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
Sec. 14. Chester Mental Health Center. To maintain and
operate a facility for the care, custody, and treatment of
persons with mental illness or habilitation of persons with
developmental disabilities hereinafter designated, to be known
as the Chester Mental Health Center.
Within the Chester Mental Health Center there shall be
confined the following classes of persons, whose history, in
the opinion of the Department, discloses dangerous or violent
tendencies and who, upon examination under the direction of the
Department, have been found a fit subject for confinement in
that facility:
(a) Any male person who is charged with the commission
of a crime but has been acquitted by reason of insanity as
provided in Section 5-2-4 of the Unified Code of
Corrections.
(b) Any male person who is charged with the commission
of a crime but has been found unfit under Article 104 of
the Code of Criminal Procedure of 1963.
(c) Any male person with mental illness or
developmental disabilities or person in need of mental
treatment now confined under the supervision of the
Department or hereafter admitted to any facility thereof or
committed thereto by any court of competent jurisdiction.
If and when it shall appear to the facility director of the
Chester Mental Health Center that it is necessary to confine
persons in order to maintain security or provide for the
protection and safety of recipients and staff, the Chester
Mental Health Center may confine all persons on a unit to their
rooms. This period of confinement shall not exceed 10 hours in
a 24 hour period, including the recipient's scheduled hours of
sleep, unless approved by the Secretary of the Department.
During the period of confinement, the persons confined shall be
observed at least every 15 minutes. A record shall be kept of
the observations. This confinement shall not be considered
seclusion as defined in the Mental Health and Developmental
Disabilities Code.
The facility director of the Chester Mental Health Center
may authorize the temporary use of handcuffs on a recipient for
a period not to exceed 10 minutes when necessary in the course
of transport of the recipient within the facility to maintain
custody or security. Use of handcuffs is subject to the
provisions of Section 2-108 of the Mental Health and
Developmental Disabilities Code. The facility shall keep a
monthly record listing each instance in which handcuffs are
used, circumstances indicating the need for use of handcuffs,
and time of application of handcuffs and time of release
therefrom. The facility director shall allow the Illinois
Guardianship and Advocacy Commission, the agency designated by
the Governor under Section 1 of the Protection and Advocacy for
Persons with Developmental Disabilities Act, and the
Department to examine and copy such record upon request.
The facility director of the Chester Mental Health Center
may authorize the temporary use of transport devices on a civil
recipient when necessary in the course of transport of the
civil recipient outside the facility to maintain custody or
security. The decision whether to use any transport devices
shall be reviewed and approved on an individualized basis by a
physician, an advanced practice registered nurse, or a
physician assistant based upon a determination of the civil
recipient's: (1) history of violence, (2) history of violence
during transports, (3) history of escapes and escape attempts,
(4) history of trauma, (5) history of incidents of restraint or
seclusion and use of involuntary medication, (6) current
functioning level and medical status, and (7) prior experience
during similar transports, and the length, duration, and
purpose of the transport. The least restrictive transport
device consistent with the individual's need shall be used.
Staff transporting the individual shall be trained in the use
of the transport devices, recognizing and responding to a
person in distress, and shall observe and monitor the
individual while being transported. The facility shall keep a
monthly record listing all transports, including those
transports for which use of transport devices was not sought,
those for which use of transport devices was sought but denied,
and each instance in which transport devices are used,
circumstances indicating the need for use of transport devices,
time of application of transport devices, time of release from
those devices, and any adverse events. The facility director
shall allow the Illinois Guardianship and Advocacy Commission,
the agency designated by the Governor under Section 1 of the
Protection and Advocacy for Persons with Developmental
Disabilities Act, and the Department to examine and copy the
record upon request. This use of transport devices shall not be
considered restraint as defined in the Mental Health and
Developmental Disabilities Code. For the purpose of this
Section "transport device" means ankle cuffs, handcuffs, waist
chains or wrist-waist devices designed to restrict an
individual's range of motion while being transported. These
devices must be approved by the Division of Mental Health, used
in accordance with the manufacturer's instructions, and used
only by qualified staff members who have completed all training
required to be eligible to transport patients and all other
required training relating to the safe use and application of
transport devices, including recognizing and responding to
signs of distress in an individual whose movement is being
restricted by a transport device.
If and when it shall appear to the satisfaction of the
Department that any person confined in the Chester Mental
Health Center is not or has ceased to be such a source of
danger to the public as to require his subjection to the
regimen of the center, the Department is hereby authorized to
transfer such person to any State facility for treatment of
persons with mental illness or habilitation of persons with
developmental disabilities, as the nature of the individual
case may require.
Subject to the provisions of this Section, the Department,
except where otherwise provided by law, shall, with respect to
the management, conduct and control of the Chester Mental
Health Center and the discipline, custody and treatment of the
persons confined therein, have and exercise the same rights and
powers as are vested by law in the Department with respect to
any and all of the State facilities for treatment of persons
with mental illness or habilitation of persons with
developmental disabilities, and the recipients thereof, and
shall be subject to the same duties as are imposed by law upon
the Department with respect to such facilities and the
recipients thereof.
The Department may elect to place persons who have been
ordered by the court to be detained under the Sexually Violent
Persons Commitment Act in a distinct portion of the Chester
Mental Health Center. The persons so placed shall be separated
and shall not comingle with the recipients of the Chester
Mental Health Center. The portion of Chester Mental Health
Center that is used for the persons detained under the Sexually
Violent Persons Commitment Act shall not be a part of the
mental health facility for the enforcement and implementation
of the Mental Health and Developmental Disabilities Code nor
shall their care and treatment be subject to the provisions of
the Mental Health and Developmental Disabilities Code. The
changes added to this Section by this amendatory Act of the
98th General Assembly are inoperative on and after June 30,
2015.
(Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13;
98-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-581, eff.
1-1-17.)
(20 ILCS 1705/15.4)
Sec. 15.4. Authorization for nursing delegation to permit
direct care staff to administer medications.
(a) This Section applies to (i) all programs for persons
with a developmental disability in settings of 16 persons or
fewer that are funded or licensed by the Department of Human
Services and that distribute or administer medications and (ii)
all intermediate care facilities for persons with
developmental disabilities with 16 beds or fewer that are
licensed by the Department of Public Health. The Department of
Human Services shall develop a training program for authorized
direct care staff to administer medications under the
supervision and monitoring of a registered professional nurse.
This training program shall be developed in consultation with
professional associations representing (i) physicians licensed
to practice medicine in all its branches, (ii) registered
professional nurses, and (iii) pharmacists.
(b) For the purposes of this Section:
"Authorized direct care staff" means non-licensed persons
who have successfully completed a medication administration
training program approved by the Department of Human Services
and conducted by a nurse-trainer. This authorization is
specific to an individual receiving service in a specific
agency and does not transfer to another agency.
"Medications" means oral and topical medications, insulin
in an injectable form, oxygen, epinephrine auto-injectors, and
vaginal and rectal creams and suppositories. "Oral" includes
inhalants and medications administered through enteral tubes,
utilizing aseptic technique. "Topical" includes eye, ear, and
nasal medications. Any controlled substances must be packaged
specifically for an identified individual.
"Insulin in an injectable form" means a subcutaneous
injection via an insulin pen pre-filled by the manufacturer.
Authorized direct care staff may administer insulin, as ordered
by a physician, advanced practice registered nurse, or
physician assistant, if: (i) the staff has successfully
completed a Department-approved advanced training program
specific to insulin administration developed in consultation
with professional associations listed in subsection (a) of this
Section, and (ii) the staff consults with the registered nurse,
prior to administration, of any insulin dose that is determined
based on a blood glucose test result. The authorized direct
care staff shall not: (i) calculate the insulin dosage needed
when the dose is dependent upon a blood glucose test result, or
(ii) administer insulin to individuals who require blood
glucose monitoring greater than 3 times daily, unless directed
to do so by the registered nurse.
"Nurse-trainer training program" means a standardized,
competency-based medication administration train-the-trainer
program provided by the Department of Human Services and
conducted by a Department of Human Services master
nurse-trainer for the purpose of training nurse-trainers to
train persons employed or under contract to provide direct care
or treatment to individuals receiving services to administer
medications and provide self-administration of medication
training to individuals under the supervision and monitoring of
the nurse-trainer. The program incorporates adult learning
styles, teaching strategies, classroom management, and a
curriculum overview, including the ethical and legal aspects of
supervising those administering medications.
"Self-administration of medications" means an individual
administers his or her own medications. To be considered
capable to self-administer their own medication, individuals
must, at a minimum, be able to identify their medication by
size, shape, or color, know when they should take the
medication, and know the amount of medication to be taken each
time.
"Training program" means a standardized medication
administration training program approved by the Department of
Human Services and conducted by a registered professional nurse
for the purpose of training persons employed or under contract
to provide direct care or treatment to individuals receiving
services to administer medications and provide
self-administration of medication training to individuals
under the delegation and supervision of a nurse-trainer. The
program incorporates adult learning styles, teaching
strategies, classroom management, curriculum overview,
including ethical-legal aspects, and standardized
competency-based evaluations on administration of medications
and self-administration of medication training programs.
(c) Training and authorization of non-licensed direct care
staff by nurse-trainers must meet the requirements of this
subsection.
(1) Prior to training non-licensed direct care staff to
administer medication, the nurse-trainer shall perform the
following for each individual to whom medication will be
administered by non-licensed direct care staff:
(A) An assessment of the individual's health
history and physical and mental status.
(B) An evaluation of the medications prescribed.
(2) Non-licensed authorized direct care staff shall
meet the following criteria:
(A) Be 18 years of age or older.
(B) Have completed high school or have a high
school equivalency certificate.
(C) Have demonstrated functional literacy.
(D) Have satisfactorily completed the Health and
Safety component of a Department of Human Services
authorized direct care staff training program.
(E) Have successfully completed the training
program, pass the written portion of the comprehensive
exam, and score 100% on the competency-based
assessment specific to the individual and his or her
medications.
(F) Have received additional competency-based
assessment by the nurse-trainer as deemed necessary by
the nurse-trainer whenever a change of medication
occurs or a new individual that requires medication
administration enters the program.
(3) Authorized direct care staff shall be re-evaluated
by a nurse-trainer at least annually or more frequently at
the discretion of the registered professional nurse. Any
necessary retraining shall be to the extent that is
necessary to ensure competency of the authorized direct
care staff to administer medication.
(4) Authorization of direct care staff to administer
medication shall be revoked if, in the opinion of the
registered professional nurse, the authorized direct care
staff is no longer competent to administer medication.
(5) The registered professional nurse shall assess an
individual's health status at least annually or more
frequently at the discretion of the registered
professional nurse.
(d) Medication self-administration shall meet the
following requirements:
(1) As part of the normalization process, in order for
each individual to attain the highest possible level of
independent functioning, all individuals shall be
permitted to participate in their total health care
program. This program shall include, but not be limited to,
individual training in preventive health and
self-medication procedures.
(A) Every program shall adopt written policies and
procedures for assisting individuals in obtaining
preventative health and self-medication skills in
consultation with a registered professional nurse,
advanced practice registered nurse, physician
assistant, or physician licensed to practice medicine
in all its branches.
(B) Individuals shall be evaluated to determine
their ability to self-medicate by the nurse-trainer
through the use of the Department's required,
standardized screening and assessment instruments.
(C) When the results of the screening and
assessment indicate an individual not to be capable to
self-administer his or her own medications, programs
shall be developed in consultation with the Community
Support Team or Interdisciplinary Team to provide
individuals with self-medication administration.
(2) Each individual shall be presumed to be competent
to self-administer medications if:
(A) authorized by an order of a physician licensed
to practice medicine in all its branches, an advanced
practice registered nurse, or a physician assistant;
and
(B) approved to self-administer medication by the
individual's Community Support Team or
Interdisciplinary Team, which includes a registered
professional nurse or an advanced practice registered
nurse.
(e) Quality Assurance.
(1) A registered professional nurse, advanced practice
registered nurse, licensed practical nurse, physician
licensed to practice medicine in all its branches,
physician assistant, or pharmacist shall review the
following for all individuals:
(A) Medication orders.
(B) Medication labels, including medications
listed on the medication administration record for
persons who are not self-medicating to ensure the
labels match the orders issued by the physician
licensed to practice medicine in all its branches,
advanced practice registered nurse, or physician
assistant.
(C) Medication administration records for persons
who are not self-medicating to ensure that the records
are completed appropriately for:
(i) medication administered as prescribed;
(ii) refusal by the individual; and
(iii) full signatures provided for all
initials used.
(2) Reviews shall occur at least quarterly, but may be
done more frequently at the discretion of the registered
professional nurse or advanced practice registered nurse.
(3) A quality assurance review of medication errors and
data collection for the purpose of monitoring and
recommending corrective action shall be conducted within 7
days and included in the required annual review.
(f) Programs using authorized direct care staff to
administer medications are responsible for documenting and
maintaining records on the training that is completed.
(g) The absence of this training program constitutes a
threat to the public interest, safety, and welfare and
necessitates emergency rulemaking by the Departments of Human
Services and Public Health under Section 5-45 of the Illinois
Administrative Procedure Act.
(h) Direct care staff who fail to qualify for delegated
authority to administer medications pursuant to the provisions
of this Section shall be given additional education and testing
to meet criteria for delegation authority to administer
medications. Any direct care staff person who fails to qualify
as an authorized direct care staff after initial training and
testing must within 3 months be given another opportunity for
retraining and retesting. A direct care staff person who fails
to meet criteria for delegated authority to administer
medication, including, but not limited to, failure of the
written test on 2 occasions shall be given consideration for
shift transfer or reassignment, if possible. No employee shall
be terminated for failure to qualify during the 3-month time
period following initial testing. Refusal to complete training
and testing required by this Section may be grounds for
immediate dismissal.
(i) No authorized direct care staff person delegated to
administer medication shall be subject to suspension or
discharge for errors resulting from the staff person's acts or
omissions when performing the functions unless the staff
person's actions or omissions constitute willful and wanton
conduct. Nothing in this subsection is intended to supersede
paragraph (4) of subsection (c).
(j) A registered professional nurse, advanced practice
registered nurse, physician licensed to practice medicine in
all its branches, or physician assistant shall be on duty or on
call at all times in any program covered by this Section.
(k) The employer shall be responsible for maintaining
liability insurance for any program covered by this Section.
(l) Any direct care staff person who qualifies as
authorized direct care staff pursuant to this Section shall be
granted consideration for a one-time additional salary
differential. The Department shall determine and provide the
necessary funding for the differential in the base. This
subsection (l) is inoperative on and after June 30, 2000.
(Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14; 99-78,
eff. 7-20-15; 99-143, eff. 7-27-15; 99-581, eff. 1-1-17.)
Section 45. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Section 2105-17 as follows:
(20 ILCS 2105/2105-17)
Sec. 2105-17. Volunteer licenses.
(a) For the purposes of this Section:
"Health care professional" means a physician licensed
under the Medical Practice Act of 1987, a dentist licensed
under the Illinois Dental Practice Act, an optometrist licensed
under the Illinois Optometric Practice Act of 1987, a physician
assistant licensed under the Physician Assistant Practice Act
of 1987, and a nurse or advanced practice registered nurse
licensed under the Nurse Practice Act. The Department may
expand this definition by rule.
"Volunteer practice" means the practice of a licensed
health care professional for the benefit of an individual or
the public and without compensation for the health care
services provided.
(b) The Department may grant a volunteer license to a
health care professional who:
(1) meets all requirements of the State licensing Act
that applies to his or her health care profession and the
rules adopted under the Act; and
(2) agrees to engage in the volunteer practice of his
or her health care profession in a free medical clinic, as
defined in the Good Samaritan Act, or in a public health
clinic, as defined in Section 6-101 of the Local
Governmental and Governmental Employees Tort Immunities
Act, and to not practice for compensation.
(c) A volunteer license shall be granted in accordance with
the licensing Act that applies to the health care
professional's given health care profession, and the licensure
fee shall be set by rule in accordance with subsection (f).
(d) No health care professional shall hold a non-volunteer
license in a health care profession and a volunteer license in
that profession at the same time. In the event that the health
care professional obtains a volunteer license in the profession
for which he or she holds a non-volunteer license, that
non-volunteer license shall automatically be placed in
inactive status. In the event that a health care professional
obtains a non-volunteer license in the profession for which he
or she holds a volunteer license, the volunteer license shall
be placed in inactive status. Practicing on an expired
volunteer license constitutes the unlicensed practice of the
health care professional's profession.
(e) Nothing in this Section shall be construed to waive or
modify any statute, rule, or regulation concerning the
licensure or practice of any health care profession. A health
care professional who holds a volunteer license shall be
subject to all statutes, rules, and regulations governing his
or her profession. The Department shall waive the licensure fee
for the first 500 volunteer licenses issued and may by rule
provide for a fee waiver or fee reduction that shall apply to
all licenses issued after the initial 500.
(f) The Department shall determine by rule the total number
of volunteer licenses to be issued. The Department shall file
proposed rules implementing this Section within 6 months after
the effective date of this amendatory Act of the 98th General
Assembly.
(Source: P.A. 98-659, eff. 6-23-14.)
Section 50. The Department of Public Health Act is amended
by changing Sections 7 and 8.2 as follows:
(20 ILCS 2305/7) (from Ch. 111 1/2, par. 22.05)
Sec. 7. The Illinois Department of Public Health shall
adopt rules requiring that upon death of a person who had or is
suspected of having an infectious or communicable disease that
could be transmitted through contact with the person's body or
bodily fluids, the body shall be labeled "Infection Hazard", or
with an equivalent term to inform persons having subsequent
contact with the body, including any funeral director or
embalmer, to take suitable precautions. Such rules shall
require that the label shall be prominently displayed on and
affixed to the outer wrapping or covering of the body if the
body is wrapped or covered in any manner. Responsibility for
such labeling shall lie with the attending physician, advanced
practice registered nurse, or physician assistant who
certifies death, or if the death occurs in a health care
facility, with such staff member as may be designated by the
administrator of the facility. The Department may adopt rules
providing for the safe disposal of human remains. To the extent
feasible without endangering the public's health, the
Department shall respect and accommodate the religious beliefs
of individuals in implementing this Section.
(Source: P.A. 99-581, eff. 1-1-17.)
(20 ILCS 2305/8.2)
Sec. 8.2. Osteoporosis Prevention and Education Program.
(a) The Department of Public Health, utilizing available
federal funds, State funds appropriated for that purpose, or
other available funding as provided for in this Section, shall
establish, promote, and maintain an Osteoporosis Prevention
and Education Program to promote public awareness of the causes
of osteoporosis, options for prevention, the value of early
detection, and possible treatments (including the benefits and
risks of those treatments). The Department may accept, for that
purpose, any special grant of money, services, or property from
the federal government or any of its agencies or from any
foundation, organization, or medical school.
(b) The program shall include the following:
(1) Development of a public education and outreach
campaign to promote osteoporosis prevention and education,
including, but not limited to, the following subjects:
(A) The cause and nature of the disease.
(B) Risk factors.
(C) The role of hysterectomy.
(D) Prevention of osteoporosis, including
nutrition, diet, and physical exercise.
(E) Diagnostic procedures and appropriate
indications for their use.
(F) Hormone replacement, including benefits and
risks.
(G) Environmental safety and injury prevention.
(H) Availability of osteoporosis diagnostic
treatment services in the community.
(2) Development of educational materials to be made
available for consumers, particularly targeted to
high-risk groups, through local health departments, local
physicians, advanced practice registered nurses, or
physician assistants, other providers (including, but not
limited to, health maintenance organizations, hospitals,
and clinics), and women's organizations.
(3) Development of professional education programs for
health care providers to assist them in understanding
research findings and the subjects set forth in paragraph
(1).
(4) Development and maintenance of a list of current
providers of specialized services for the prevention and
treatment of osteoporosis. Dissemination of the list shall
be accompanied by a description of diagnostic procedures,
appropriate indications for their use, and a cautionary
statement about the current status of osteoporosis
research, prevention, and treatment. The statement shall
also indicate that the Department does not license,
certify, or in any other way approve osteoporosis programs
or centers in this State.
(c) The State Board of Health shall serve as an advisory
board to the Department with specific respect to the prevention
and education activities related to osteoporosis described in
this Section. The State Board of Health shall assist the
Department in implementing this Section.
(Source: P.A. 99-581, eff. 1-1-17.)
Section 55. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Sections 2310-145, 2310-397, 2310-410,
2310-600, 2310-677, and 2310-690 as follows:
(20 ILCS 2310/2310-145)
Sec. 2310-145. Registry of health care professionals. The
Department of Public Health shall maintain a registry of all
active-status health care professionals, including nurses,
nurse practitioners, advanced practice registered nurses,
physicians, physician assistants, psychologists, professional
counselors, clinical professional counselors, and pharmacists.
The registry must consist of information shared between the
Department of Public Health and the Department of Financial and
Professional Regulation via a secure communication link. The
registry must be updated on a quarterly basis.
The registry shall be accessed in the event of an act of
bioterrorism or other public health emergency or for the
planning for the possibility of such an event.
(Source: P.A. 96-377, eff. 1-1-10.)
(20 ILCS 2310/2310-397) (was 20 ILCS 2310/55.90)
Sec. 2310-397. Prostate and testicular cancer program.
(a) The Department, subject to appropriation or other
available funding, shall conduct a program to promote awareness
and early detection of prostate and testicular cancer. The
program may include, but need not be limited to:
(1) Dissemination of information regarding the
incidence of prostate and testicular cancer, the risk
factors associated with prostate and testicular cancer,
and the benefits of early detection and treatment.
(2) Promotion of information and counseling about
treatment options.
(3) Establishment and promotion of referral services
and screening programs.
Beginning July 1, 2004, the program must include the
development and dissemination, through print and broadcast
media, of public service announcements that publicize the
importance of prostate cancer screening for men over age 40.
(b) Subject to appropriation or other available funding, a
Prostate Cancer Screening Program shall be established in the
Department of Public Health.
(1) The Program shall apply to the following persons
and entities:
(A) uninsured and underinsured men 50 years of age
and older;
(B) uninsured and underinsured men between 40 and
50 years of age who are at high risk for prostate
cancer, upon the advice of a physician, advanced
practice registered nurse, or physician assistant or
upon the request of the patient; and
(C) non-profit organizations providing assistance
to persons described in subparagraphs (A) and (B).
(2) Any entity funded by the Program shall coordinate
with other local providers of prostate cancer screening,
diagnostic, follow-up, education, and advocacy services to
avoid duplication of effort. Any entity funded by the
Program shall comply with any applicable State and federal
standards regarding prostate cancer screening.
(3) Administrative costs of the Department shall not
exceed 10% of the funds allocated to the Program. Indirect
costs of the entities funded by this Program shall not
exceed 12%. The Department shall define "indirect costs" in
accordance with applicable State and federal law.
(4) Any entity funded by the Program shall collect data
and maintain records that are determined by the Department
to be necessary to facilitate the Department's ability to
monitor and evaluate the effectiveness of the entities and
the Program. Commencing with the Program's second year of
operation, the Department shall submit an Annual Report to
the General Assembly and the Governor. The report shall
describe the activities and effectiveness of the Program
and shall include, but not be limited to, the following
types of information regarding those served by the Program:
(A) the number; and
(B) the ethnic, geographic, and age breakdown.
(5) The Department or any entity funded by the Program
shall collect personal and medical information necessary
to administer the Program from any individual applying for
services under the Program. The information shall be
confidential and shall not be disclosed other than for
purposes directly connected with the administration of the
Program or except as otherwise provided by law or pursuant
to prior written consent of the subject of the information.
(6) The Department or any entity funded by the program
may disclose the confidential information to medical
personnel and fiscal intermediaries of the State to the
extent necessary to administer the Program, and to other
State public health agencies or medical researchers if the
confidential information is necessary to carry out the
duties of those agencies or researchers in the
investigation, control, or surveillance of prostate
cancer.
(c) The Department shall adopt rules to implement the
Prostate Cancer Screening Program in accordance with the
Illinois Administrative Procedure Act.
(Source: P.A. 98-87, eff. 1-1-14; 99-581, eff. 1-1-17.)
(20 ILCS 2310/2310-410) (was 20 ILCS 2310/55.42)
Sec. 2310-410. Sickle cell disease. To conduct a public
information campaign for physicians, advanced practice
registered nurses, physician assistants, hospitals, health
facilities, public health departments, and the general public
on sickle cell disease, methods of care, and treatment
modalities available; to identify and catalogue sickle cell
resources in this State for distribution and referral purposes;
and to coordinate services with the established programs,
including State, federal, and voluntary groups.
(Source: P.A. 99-581, eff. 1-1-17.)
(20 ILCS 2310/2310-600)
Sec. 2310-600. Advance directive information.
(a) The Department of Public Health shall prepare and
publish the summary of advance directives law, as required by
the federal Patient Self-Determination Act, and related forms.
Publication may be limited to the World Wide Web. The summary
required under this subsection (a) must include the Department
of Public Health Uniform POLST form.
(b) The Department of Public Health shall publish Spanish
language versions of the following:
(1) The statutory Living Will Declaration form.
(2) The Illinois Statutory Short Form Power of Attorney
for Health Care.
(3) The statutory Declaration of Mental Health
Treatment Form.
(4) The summary of advance directives law in Illinois.
(5) The Department of Public Health Uniform POLST form.
Publication may be limited to the World Wide Web.
(b-5) In consultation with a statewide professional
organization representing physicians licensed to practice
medicine in all its branches, statewide organizations
representing physician assistants, advanced practice
registered nurses, nursing homes, registered professional
nurses, and emergency medical systems, and a statewide
organization representing hospitals, the Department of Public
Health shall develop and publish a uniform form for
practitioner cardiopulmonary resuscitation (CPR) or
life-sustaining treatment orders that may be utilized in all
settings. The form shall meet the published minimum
requirements to nationally be considered a practitioner orders
for life-sustaining treatment form, or POLST, and may be
referred to as the Department of Public Health Uniform POLST
form. This form does not replace a physician's or other
practitioner's authority to make a do-not-resuscitate (DNR)
order.
(c) (Blank).
(d) The Department of Public Health shall publish the
Department of Public Health Uniform POLST form reflecting the
changes made by this amendatory Act of the 98th General
Assembly no later than January 1, 2015.
(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16;
99-581, eff. 1-1-17.)
(20 ILCS 2310/2310-677)
(Section scheduled to be repealed on June 30, 2019)
Sec. 2310-677. Neonatal Abstinence Syndrome Advisory
Committee.
(a) As used in this Section:
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Neonatal Abstinence Syndrome" or "NAS" means various
adverse conditions that occur in a newborn infant who was
exposed to addictive or prescription drugs while in the
mother's womb.
(b) There is created the Advisory Committee on Neonatal
Abstinence Syndrome. The Advisory Committee shall consist of up
to 10 members appointed by the Director of Public Health. The
Director shall make the appointments within 90 days after the
effective date of this amendatory Act of the 99th General
Assembly. Members shall receive no compensation for their
services. The members of the Advisory Committee shall represent
different racial, ethnic, and geographic backgrounds and
consist of:
(1) at least one member representing a statewide
association of hospitals;
(2) at least one member representing a statewide
organization of pediatricians;
(3) at least one member representing a statewide
organization of obstetricians;
(4) at least one member representing a statewide
organization that advocates for the health of mothers and
infants;
(5) at least one member representing a statewide
organization of licensed physicians;
(6) at least one member who is a licensed practical
nurse, registered professional nurse, or advanced practice
registered nurse with expertise in the treatment of
newborns in neonatal intensive care units;
(7) at least one member representing a local or
regional public health agency; and
(8) at least one member with expertise in the treatment
of drug dependency and addiction.
(c) In addition to the membership in subsection (a) of this
Section, the following persons or their designees shall serve
as ex officio members of the Advisory Committee: the Director
of Public Health, the Secretary of Human Services, the Director
of Healthcare and Family Services, and the Director of Children
and Family Services. The Director of Public Health, or his or
her designee, shall serve as Chair of the Committee.
(d) The Advisory Committee shall meet at the call of the
Chair. The Committee shall meet at least 3 times each year and
its initial meeting shall take place within 120 days after the
effective date of this Act. The Advisory Committee shall advise
and assist the Department to:
(1) develop an appropriate standard clinical
definition of "NAS";
(2) develop a uniform process of identifying NAS;
(3) develop protocols for training hospital personnel
in implementing an appropriate and uniform process for
identifying and treating NAS;
(4) identify and develop options for reporting NAS data
to the Department by using existing or new data reporting
options; and
(5) make recommendations to the Department on
evidence-based guidelines and programs to improve the
outcomes of pregnancies with respect to NAS.
(e) The Advisory Committee shall provide an annual report
of its activities and recommendations to the Director, the
General Assembly, and the Governor by March 31 of each year
beginning in 2016. The final report of the Advisory Committee
shall be submitted by March 31, 2019.
(f) This Section is repealed on June 30, 2019.
(Source: P.A. 99-320, eff. 8-7-15.)
(20 ILCS 2310/2310-690)
Sec. 2310-690. Cytomegalovirus public education.
(a) In this Section:
"CMV" means cytomegalovirus.
"Health care professional and provider" means any
physician, advanced practice registered nurse, physician
assistant, hospital facility, or other person that is
licensed or otherwise authorized to deliver health care
services.
(b) The Department shall develop or approve and publish
informational materials for women who may become pregnant,
expectant parents, and parents of infants regarding:
(1) the incidence of CMV;
(2) the transmission of CMV to pregnant women and women
who may become pregnant;
(3) birth defects caused by congenital CMV;
(4) methods of diagnosing congenital CMV; and
(5) available preventive measures to avoid the
infection of women who are pregnant or may become pregnant.
(c) The Department shall publish the information required
under subsection (b) on its Internet website.
(d) The Department shall publish information to:
(1) educate women who may become pregnant, expectant
parents, and parents of infants about CMV; and
(2) raise awareness of CMV among health care
professionals and providers who provide care to expectant
mothers or infants.
(e) The Department may solicit and accept the assistance of
any relevant health care professional associations or
community resources, including faith-based resources, to
promote education about CMV under this Section.
(f) If a newborn infant fails the 2 initial hearing
screenings in the hospital, then the hospital performing that
screening shall provide to the parents of the newborn infant
information regarding: (i) birth defects caused by congenital
CMV; (ii) testing opportunities and options for CMV, including
the opportunity to test for CMV before leaving the hospital;
and (iii) early intervention services. Health care
professionals and providers may, but are not required to, use
the materials developed by the Department for distribution to
parents of newborn infants.
(Source: P.A. 99-424, eff. 1-1-16; 99-581, eff. 1-1-17; 99-642,
eff. 7-28-26.)
Section 60. The Community Health Worker Advisory Board Act
is amended by changing Section 10 as follows:
(20 ILCS 2335/10)
Sec. 10. Advisory Board.
(a) There is created the Advisory Board on Community Health
Workers. The Board shall consist of 16 members appointed by the
Director of Public Health. The Director shall make the
appointments to the Board within 90 days after the effective
date of this Act. The members of the Board shall represent
different racial and ethnic backgrounds and have the
qualifications as follows:
(1) four members who currently serve as community
health workers in Cook County, one of whom shall have
served as a health insurance marketplace navigator;
(2) two members who currently serve as community health
workers in DuPage, Kane, Lake, or Will County;
(3) one member who currently serves as a community
health worker in Bond, Calhoun, Clinton, Jersey, Macoupin,
Madison, Monroe, Montgomery, Randolph, St. Clair, or
Washington County;
(4) one member who currently serves as a community
health worker in any other county in the State;
(5) one member who is a physician licensed to practice
medicine in Illinois;
(6) one member who is a physician assistant;
(7) one member who is a licensed nurse or advanced
practice registered nurse;
(8) one member who is a licensed social worker,
counselor, or psychologist;
(9) one member who currently employs community health
workers;
(10) one member who is a health policy advisor with
experience in health workforce policy;
(11) one member who is a public health professional
with experience with community health policy; and
(12) one representative of a community college,
university, or educational institution that provides
training to community health workers.
(b) In addition, the following persons or their designees
shall serve as ex officio, non-voting members of the Board: the
Executive Director of the Illinois Community College Board, the
Director of Children and Family Services, the Director of
Aging, the Director of Public Health, the Director of
Employment Security, the Director of Commerce and Economic
Opportunity, the Secretary of Financial and Professional
Regulation, the Director of Healthcare and Family Services, and
the Secretary of Human Services.
(c) The voting members of the Board shall select a
chairperson from the voting members of the Board. The Board
shall consult with additional experts as needed. Members of the
Board shall serve without compensation. The Department shall
provide administrative and staff support to the Board. The
meetings of the Board are subject to the provisions of the Open
Meetings Act.
(d) The Board shall consider the core competencies of a
community health worker, including skills and areas of
knowledge that are essential to bringing about expanded health
and wellness in diverse communities and reducing health
disparities. As relating to members of communities and health
teams, the core competencies for effective community health
workers may include, but are not limited to:
(1) outreach methods and strategies;
(2) client and community assessment;
(3) effective community-based and participatory
methods, including research;
(4) culturally competent communication and care;
(5) health education for behavior change;
(6) support, advocacy, and health system navigation
for clients;
(7) application of public health concepts and
approaches;
(8) individual and community capacity building and
mobilization; and
(9) writing, oral, technical, and communication
skills.
(Source: P.A. 98-796, eff. 7-31-14; 99-581, eff. 1-1-17.)
Section 65. The Illinois Housing Development Act is amended
by changing Section 7.30 as follows:
(20 ILCS 3805/7.30)
Sec. 7.30. Foreclosure Prevention Program.
(a) The Authority shall establish and administer a
Foreclosure Prevention Program. The Authority shall use moneys
in the Foreclosure Prevention Program Fund, and any other funds
appropriated for this purpose, to make grants to (i) approved
counseling agencies for approved housing counseling and (ii)
approved community-based organizations for approved
foreclosure prevention outreach programs. The Authority shall
promulgate rules to implement this Program and may adopt
emergency rules as soon as practicable to begin implementation
of the Program.
(b) Subject to appropriation and the annual receipt of
funds, the Authority shall make grants from the Foreclosure
Prevention Program Fund derived from fees paid as specified in
subsection (a) of Section 15-1504.1 of the Code of Civil
Procedure as follows:
(1) 25% of the moneys in the Fund shall be used to make
grants to approved counseling agencies that provide
services in Illinois outside of the City of Chicago. Grants
shall be based upon the number of foreclosures filed in an
approved counseling agency's service area, the capacity of
the agency to provide foreclosure counseling services, and
any other factors that the Authority deems appropriate.
(2) 25% of the moneys in the Fund shall be distributed
to the City of Chicago to make grants to approved
counseling agencies located within the City of Chicago for
approved housing counseling or to support foreclosure
prevention counseling programs administered by the City of
Chicago.
(3) 25% of the moneys in the Fund shall be used to make
grants to approved community-based organizations located
outside of the City of Chicago for approved foreclosure
prevention outreach programs.
(4) 25% of the moneys in the Fund shall be used to make
grants to approved community-based organizations located
within the City of Chicago for approved foreclosure
prevention outreach programs, with priority given to
programs that provide door-to-door outreach.
(b-1) Subject to appropriation and the annual receipt of
funds, the Authority shall make grants from the Foreclosure
Prevention Program Graduated Fund derived from fees paid as
specified in paragraph (1) of subsection (a-5) of Section
15-1504.1 of the Code of Civil Procedure, as follows:
(1) 30% shall be used to make grants for approved
housing counseling in Cook County outside of the City of
Chicago;
(2) 25% shall be used to make grants for approved
housing counseling in the City of Chicago;
(3) 30% shall be used to make grants for approved
housing counseling in DuPage, Kane, Lake, McHenry, and Will
Counties; and
(4) 15% shall be used to make grants for approved
housing counseling in Illinois in counties other than Cook,
DuPage, Kane, Lake, McHenry, and Will Counties provided
that grants to provide approved housing counseling to
borrowers residing within these counties shall be based, to
the extent practicable, (i) proportionately on the amount
of fees paid to the respective clerks of the courts within
these counties and (ii) on any other factors that the
Authority deems appropriate.
The percentages set forth in this subsection (b-1) shall be
calculated after deduction of reimbursable administrative
expenses incurred by the Authority, but shall not be greater
than 4% of the annual appropriated amount.
(b-5) As used in this Section:
"Approved community-based organization" means a
not-for-profit entity that provides educational and financial
information to residents of a community through in-person
contact. "Approved community-based organization" does not
include a not-for-profit corporation or other entity or person
that provides legal representation or advice in a civil
proceeding or court-sponsored mediation services, or a
governmental agency.
"Approved foreclosure prevention outreach program" means a
program developed by an approved community-based organization
that includes in-person contact with residents to provide (i)
pre-purchase and post-purchase home ownership counseling, (ii)
education about the foreclosure process and the options of a
mortgagor in a foreclosure proceeding, and (iii) programs
developed by an approved community-based organization in
conjunction with a State or federally chartered financial
institution.
"Approved counseling agency" means a housing counseling
agency approved by the U.S. Department of Housing and Urban
Development.
"Approved housing counseling" means in-person counseling
provided by a counselor employed by an approved counseling
agency to all borrowers, or documented telephone counseling
where a hardship would be imposed on one or more borrowers. A
hardship shall exist in instances in which the borrower is
confined to his or her home due to a medical condition, as
verified in writing by a physician, advanced practice
registered nurse, or physician assistant, or the borrower
resides 50 miles or more from the nearest approved counseling
agency. In instances of telephone counseling, the borrower must
supply all necessary documents to the counselor at least 72
hours prior to the scheduled telephone counseling session.
(c) (Blank).
(c-5) Where the jurisdiction of an approved counseling
agency is included within more than one of the geographic areas
set forth in this Section, the Authority may elect to fully
fund the applicant from one of the relevant geographic areas.
(Source: P.A. 98-20, eff. 6-11-13; 99-581, eff. 1-1-17.)
Section 70. The Property Tax Code is amended by changing
Sections 15-168 and 15-172 as follows:
(35 ILCS 200/15-168)
Sec. 15-168. Homestead exemption for persons with
disabilities.
(a) Beginning with taxable year 2007, an annual homestead
exemption is granted to persons with disabilities in the amount
of $2,000, except as provided in subsection (c), to be deducted
from the property's value as equalized or assessed by the
Department of Revenue. The person with a disability shall
receive the homestead exemption upon meeting the following
requirements:
(1) The property must be occupied as the primary
residence by the person with a disability.
(2) The person with a disability must be liable for
paying the real estate taxes on the property.
(3) The person with a disability must be an owner of
record of the property or have a legal or equitable
interest in the property as evidenced by a written
instrument. In the case of a leasehold interest in
property, the lease must be for a single family residence.
A person who has a disability during the taxable year is
eligible to apply for this homestead exemption during that
taxable year. Application must be made during the application
period in effect for the county of residence. If a homestead
exemption has been granted under this Section and the person
awarded the exemption subsequently becomes a resident of a
facility licensed under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
Community Care Act, or the MC/DD Act, then the exemption shall
continue (i) so long as the residence continues to be occupied
by the qualifying person's spouse or (ii) if the residence
remains unoccupied but is still owned by the person qualified
for the homestead exemption.
(b) For the purposes of this Section, "person with a
disability" means a person unable to engage in any substantial
gainful activity by reason of a medically determinable physical
or mental impairment which can be expected to result in death
or has lasted or can be expected to last for a continuous
period of not less than 12 months. Persons with disabilities
filing claims under this Act shall submit proof of disability
in such form and manner as the Department shall by rule and
regulation prescribe. Proof that a claimant is eligible to
receive disability benefits under the Federal Social Security
Act shall constitute proof of disability for purposes of this
Act. Issuance of an Illinois Person with a Disability
Identification Card stating that the claimant is under a Class
2 disability, as defined in Section 4A of the Illinois
Identification Card Act, shall constitute proof that the person
named thereon is a person with a disability for purposes of
this Act. A person with a disability not covered under the
Federal Social Security Act and not presenting an Illinois
Person with a Disability Identification Card stating that the
claimant is under a Class 2 disability shall be examined by a
physician, advanced practice registered nurse, or physician
assistant designated by the Department, and his status as a
person with a disability determined using the same standards as
used by the Social Security Administration. The costs of any
required examination shall be borne by the claimant.
(c) For land improved with (i) an apartment building owned
and operated as a cooperative or (ii) a life care facility as
defined under Section 2 of the Life Care Facilities Act that is
considered to be a cooperative, the maximum reduction from the
value of the property, as equalized or assessed by the
Department, shall be multiplied by the number of apartments or
units occupied by a person with a disability. The person with a
disability shall receive the homestead exemption upon meeting
the following requirements:
(1) The property must be occupied as the primary
residence by the person with a disability.
(2) The person with a disability must be liable by
contract with the owner or owners of record for paying the
apportioned property taxes on the property of the
cooperative or life care facility. In the case of a life
care facility, the person with a disability must be liable
for paying the apportioned property taxes under a life care
contract as defined in Section 2 of the Life Care
Facilities Act.
(3) The person with a disability must be an owner of
record of a legal or equitable interest in the cooperative
apartment building. A leasehold interest does not meet this
requirement.
If a homestead exemption is granted under this subsection, the
cooperative association or management firm shall credit the
savings resulting from the exemption to the apportioned tax
liability of the qualifying person with a disability. The chief
county assessment officer may request reasonable proof that the
association or firm has properly credited the exemption. A
person who willfully refuses to credit an exemption to the
qualified person with a disability is guilty of a Class B
misdemeanor.
(d) The chief county assessment officer shall determine the
eligibility of property to receive the homestead exemption
according to guidelines established by the Department. After a
person has received an exemption under this Section, an annual
verification of eligibility for the exemption shall be mailed
to the taxpayer.
In counties with fewer than 3,000,000 inhabitants, the
chief county assessment officer shall provide to each person
granted a homestead exemption under this Section a form to
designate any other person to receive a duplicate of any notice
of delinquency in the payment of taxes assessed and levied
under this Code on the person's qualifying property. The
duplicate notice shall be in addition to the notice required to
be provided to the person receiving the exemption and shall be
given in the manner required by this Code. The person filing
the request for the duplicate notice shall pay an
administrative fee of $5 to the chief county assessment
officer. The assessment officer shall then file the executed
designation with the county collector, who shall issue the
duplicate notices as indicated by the designation. A
designation may be rescinded by the person with a disability in
the manner required by the chief county assessment officer.
(e) A taxpayer who claims an exemption under Section 15-165
or 15-169 may not claim an exemption under this Section.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
99-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff.
7-28-16.)
(35 ILCS 200/15-172)
Sec. 15-172. Senior Citizens Assessment Freeze Homestead
Exemption.
(a) This Section may be cited as the Senior Citizens
Assessment Freeze Homestead Exemption.
(b) As used in this Section:
"Applicant" means an individual who has filed an
application under this Section.
"Base amount" means the base year equalized assessed value
of the residence plus the first year's equalized assessed value
of any added improvements which increased the assessed value of
the residence after the base year.
"Base year" means the taxable year prior to the taxable
year for which the applicant first qualifies and applies for
the exemption provided that in the prior taxable year the
property was improved with a permanent structure that was
occupied as a residence by the applicant who was liable for
paying real property taxes on the property and who was either
(i) an owner of record of the property or had legal or
equitable interest in the property as evidenced by a written
instrument or (ii) had a legal or equitable interest as a
lessee in the parcel of property that was single family
residence. If in any subsequent taxable year for which the
applicant applies and qualifies for the exemption the equalized
assessed value of the residence is less than the equalized
assessed value in the existing base year (provided that such
equalized assessed value is not based on an assessed value that
results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years), then
that subsequent taxable year shall become the base year until a
new base year is established under the terms of this paragraph.
For taxable year 1999 only, the Chief County Assessment Officer
shall review (i) all taxable years for which the applicant
applied and qualified for the exemption and (ii) the existing
base year. The assessment officer shall select as the new base
year the year with the lowest equalized assessed value. An
equalized assessed value that is based on an assessed value
that results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years shall
not be considered the lowest equalized assessed value. The
selected year shall be the base year for taxable year 1999 and
thereafter until a new base year is established under the terms
of this paragraph.
"Chief County Assessment Officer" means the County
Assessor or Supervisor of Assessments of the county in which
the property is located.
"Equalized assessed value" means the assessed value as
equalized by the Illinois Department of Revenue.
"Household" means the applicant, the spouse of the
applicant, and all persons using the residence of the applicant
as their principal place of residence.
"Household income" means the combined income of the members
of a household for the calendar year preceding the taxable
year.
"Income" has the same meaning as provided in Section 3.07
of the Senior Citizens and Persons with Disabilities Property
Tax Relief Act, except that, beginning in assessment year 2001,
"income" does not include veteran's benefits.
"Internal Revenue Code of 1986" means the United States
Internal Revenue Code of 1986 or any successor law or laws
relating to federal income taxes in effect for the year
preceding the taxable year.
"Life care facility that qualifies as a cooperative" means
a facility as defined in Section 2 of the Life Care Facilities
Act.
"Maximum income limitation" means:
(1) $35,000 prior to taxable year 1999;
(2) $40,000 in taxable years 1999 through 2003;
(3) $45,000 in taxable years 2004 through 2005;
(4) $50,000 in taxable years 2006 and 2007; and
(5) $55,000 in taxable year 2008 and thereafter.
"Residence" means the principal dwelling place and
appurtenant structures used for residential purposes in this
State occupied on January 1 of the taxable year by a household
and so much of the surrounding land, constituting the parcel
upon which the dwelling place is situated, as is used for
residential purposes. If the Chief County Assessment Officer
has established a specific legal description for a portion of
property constituting the residence, then that portion of
property shall be deemed the residence for the purposes of this
Section.
"Taxable year" means the calendar year during which ad
valorem property taxes payable in the next succeeding year are
levied.
(c) Beginning in taxable year 1994, a senior citizens
assessment freeze homestead exemption is granted for real
property that is improved with a permanent structure that is
occupied as a residence by an applicant who (i) is 65 years of
age or older during the taxable year, (ii) has a household
income that does not exceed the maximum income limitation,
(iii) is liable for paying real property taxes on the property,
and (iv) is an owner of record of the property or has a legal or
equitable interest in the property as evidenced by a written
instrument. This homestead exemption shall also apply to a
leasehold interest in a parcel of property improved with a
permanent structure that is a single family residence that is
occupied as a residence by a person who (i) is 65 years of age
or older during the taxable year, (ii) has a household income
that does not exceed the maximum income limitation, (iii) has a
legal or equitable ownership interest in the property as
lessee, and (iv) is liable for the payment of real property
taxes on that property.
In counties of 3,000,000 or more inhabitants, the amount of
the exemption for all taxable years is the equalized assessed
value of the residence in the taxable year for which
application is made minus the base amount. In all other
counties, the amount of the exemption is as follows: (i)
through taxable year 2005 and for taxable year 2007 and
thereafter, the amount of this exemption shall be the equalized
assessed value of the residence in the taxable year for which
application is made minus the base amount; and (ii) for taxable
year 2006, the amount of the exemption is as follows:
(1) For an applicant who has a household income of
$45,000 or less, the amount of the exemption is the
equalized assessed value of the residence in the taxable
year for which application is made minus the base amount.
(2) For an applicant who has a household income
exceeding $45,000 but not exceeding $46,250, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.8.
(3) For an applicant who has a household income
exceeding $46,250 but not exceeding $47,500, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.6.
(4) For an applicant who has a household income
exceeding $47,500 but not exceeding $48,750, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.4.
(5) For an applicant who has a household income
exceeding $48,750 but not exceeding $50,000, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.2.
When the applicant is a surviving spouse of an applicant
for a prior year for the same residence for which an exemption
under this Section has been granted, the base year and base
amount for that residence are the same as for the applicant for
the prior year.
Each year at the time the assessment books are certified to
the County Clerk, the Board of Review or Board of Appeals shall
give to the County Clerk a list of the assessed values of
improvements on each parcel qualifying for this exemption that
were added after the base year for this parcel and that
increased the assessed value of the property.
In the case of land improved with an apartment building
owned and operated as a cooperative or a building that is a
life care facility that qualifies as a cooperative, the maximum
reduction from the equalized assessed value of the property is
limited to the sum of the reductions calculated for each unit
occupied as a residence by a person or persons (i) 65 years of
age or older, (ii) with a household income that does not exceed
the maximum income limitation, (iii) who is liable, by contract
with the owner or owners of record, for paying real property
taxes on the property, and (iv) who is an owner of record of a
legal or equitable interest in the cooperative apartment
building, other than a leasehold interest. In the instance of a
cooperative where a homestead exemption has been granted under
this Section, the cooperative association or its management
firm shall credit the savings resulting from that exemption
only to the apportioned tax liability of the owner who
qualified for the exemption. Any person who willfully refuses
to credit that savings to an owner who qualifies for the
exemption is guilty of a Class B misdemeanor.
When a homestead exemption has been granted under this
Section and an applicant then becomes a resident of a facility
licensed under the Assisted Living and Shared Housing Act, the
Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, or
the MC/DD Act, the exemption shall be granted in subsequent
years so long as the residence (i) continues to be occupied by
the qualified applicant's spouse or (ii) if remaining
unoccupied, is still owned by the qualified applicant for the
homestead exemption.
Beginning January 1, 1997, when an individual dies who
would have qualified for an exemption under this Section, and
the surviving spouse does not independently qualify for this
exemption because of age, the exemption under this Section
shall be granted to the surviving spouse for the taxable year
preceding and the taxable year of the death, provided that,
except for age, the surviving spouse meets all other
qualifications for the granting of this exemption for those
years.
When married persons maintain separate residences, the
exemption provided for in this Section may be claimed by only
one of such persons and for only one residence.
For taxable year 1994 only, in counties having less than
3,000,000 inhabitants, to receive the exemption, a person shall
submit an application by February 15, 1995 to the Chief County
Assessment Officer of the county in which the property is
located. In counties having 3,000,000 or more inhabitants, for
taxable year 1994 and all subsequent taxable years, to receive
the exemption, a person may submit an application to the Chief
County Assessment Officer of the county in which the property
is located during such period as may be specified by the Chief
County Assessment Officer. The Chief County Assessment Officer
in counties of 3,000,000 or more inhabitants shall annually
give notice of the application period by mail or by
publication. In counties having less than 3,000,000
inhabitants, beginning with taxable year 1995 and thereafter,
to receive the exemption, a person shall submit an application
by July 1 of each taxable year to the Chief County Assessment
Officer of the county in which the property is located. A
county may, by ordinance, establish a date for submission of
applications that is different than July 1. The applicant shall
submit with the application an affidavit of the applicant's
total household income, age, marital status (and if married the
name and address of the applicant's spouse, if known), and
principal dwelling place of members of the household on January
1 of the taxable year. The Department shall establish, by rule,
a method for verifying the accuracy of affidavits filed by
applicants under this Section, and the Chief County Assessment
Officer may conduct audits of any taxpayer claiming an
exemption under this Section to verify that the taxpayer is
eligible to receive the exemption. Each application shall
contain or be verified by a written declaration that it is made
under the penalties of perjury. A taxpayer's signing a
fraudulent application under this Act is perjury, as defined in
Section 32-2 of the Criminal Code of 2012. The applications
shall be clearly marked as applications for the Senior Citizens
Assessment Freeze Homestead Exemption and must contain a notice
that any taxpayer who receives the exemption is subject to an
audit by the Chief County Assessment Officer.
Notwithstanding any other provision to the contrary, in
counties having fewer than 3,000,000 inhabitants, if an
applicant fails to file the application required by this
Section in a timely manner and this failure to file is due to a
mental or physical condition sufficiently severe so as to
render the applicant incapable of filing the application in a
timely manner, the Chief County Assessment Officer may extend
the filing deadline for a period of 30 days after the applicant
regains the capability to file the application, but in no case
may the filing deadline be extended beyond 3 months of the
original filing deadline. In order to receive the extension
provided in this paragraph, the applicant shall provide the
Chief County Assessment Officer with a signed statement from
the applicant's physician, advanced practice registered nurse,
or physician assistant stating the nature and extent of the
condition, that, in the physician's, advanced practice
registered nurse's, or physician assistant's opinion, the
condition was so severe that it rendered the applicant
incapable of filing the application in a timely manner, and the
date on which the applicant regained the capability to file the
application.
Beginning January 1, 1998, notwithstanding any other
provision to the contrary, in counties having fewer than
3,000,000 inhabitants, if an applicant fails to file the
application required by this Section in a timely manner and
this failure to file is due to a mental or physical condition
sufficiently severe so as to render the applicant incapable of
filing the application in a timely manner, the Chief County
Assessment Officer may extend the filing deadline for a period
of 3 months. In order to receive the extension provided in this
paragraph, the applicant shall provide the Chief County
Assessment Officer with a signed statement from the applicant's
physician, advanced practice registered nurse, or physician
assistant stating the nature and extent of the condition, and
that, in the physician's, advanced practice registered
nurse's, or physician assistant's opinion, the condition was so
severe that it rendered the applicant incapable of filing the
application in a timely manner.
In counties having less than 3,000,000 inhabitants, if an
applicant was denied an exemption in taxable year 1994 and the
denial occurred due to an error on the part of an assessment
official, or his or her agent or employee, then beginning in
taxable year 1997 the applicant's base year, for purposes of
determining the amount of the exemption, shall be 1993 rather
than 1994. In addition, in taxable year 1997, the applicant's
exemption shall also include an amount equal to (i) the amount
of any exemption denied to the applicant in taxable year 1995
as a result of using 1994, rather than 1993, as the base year,
(ii) the amount of any exemption denied to the applicant in
taxable year 1996 as a result of using 1994, rather than 1993,
as the base year, and (iii) the amount of the exemption
erroneously denied for taxable year 1994.
For purposes of this Section, a person who will be 65 years
of age during the current taxable year shall be eligible to
apply for the homestead exemption during that taxable year.
Application shall be made during the application period in
effect for the county of his or her residence.
The Chief County Assessment Officer may determine the
eligibility of a life care facility that qualifies as a
cooperative to receive the benefits provided by this Section by
use of an affidavit, application, visual inspection,
questionnaire, or other reasonable method in order to insure
that the tax savings resulting from the exemption are credited
by the management firm to the apportioned tax liability of each
qualifying resident. The Chief County Assessment Officer may
request reasonable proof that the management firm has so
credited that exemption.
Except as provided in this Section, all information
received by the chief county assessment officer or the
Department from applications filed under this Section, or from
any investigation conducted under the provisions of this
Section, shall be confidential, except for official purposes or
pursuant to official procedures for collection of any State or
local tax or enforcement of any civil or criminal penalty or
sanction imposed by this Act or by any statute or ordinance
imposing a State or local tax. Any person who divulges any such
information in any manner, except in accordance with a proper
judicial order, is guilty of a Class A misdemeanor.
Nothing contained in this Section shall prevent the
Director or chief county assessment officer from publishing or
making available reasonable statistics concerning the
operation of the exemption contained in this Section in which
the contents of claims are grouped into aggregates in such a
way that information contained in any individual claim shall
not be disclosed.
(d) Each Chief County Assessment Officer shall annually
publish a notice of availability of the exemption provided
under this Section. The notice shall be published at least 60
days but no more than 75 days prior to the date on which the
application must be submitted to the Chief County Assessment
Officer of the county in which the property is located. The
notice shall appear in a newspaper of general circulation in
the county.
Notwithstanding Sections 6 and 8 of the State Mandates Act,
no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
99-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff.
7-28-16.)
Section 75. The Counties Code is amended by changing
Sections 3-14049, 3-15003.6, and 5-1069 as follows:
(55 ILCS 5/3-14049) (from Ch. 34, par. 3-14049)
Sec. 3-14049. Appointment of physicians and nurses for the
poor and mentally ill persons. The appointment, employment and
removal by the Board of Commissioners of Cook County of all
physicians and surgeons, advanced practice registered nurses,
physician assistants, and nurses for the care and treatment of
the sick, poor, mentally ill or persons in need of mental
treatment of said county shall be made only in conformity with
rules prescribed by the County Civil Service Commission to
accomplish the purposes of this Section.
The Board of Commissioners of Cook County may provide that
all such physicians and surgeons who serve without compensation
shall be appointed for a term to be fixed by the Board, and
that the physicians and surgeons usually designated and known
as interns shall be appointed for a term to be fixed by the
Board: Provided, that there may also, at the discretion of the
board, be a consulting staff of physicians and surgeons, which
staff may be appointed by the president, subject to the
approval of the board, and provided further, that the Board may
contract with any recognized training school or any program for
health professionals for health care services of any or all of
such sick or mentally ill or persons in need of mental
treatment.
(Source: P.A. 99-581, eff. 1-1-17.)
(55 ILCS 5/3-15003.6)
Sec. 3-15003.6. Pregnant female prisoners.
(a) Definitions. For the purpose of this Section:
(1) "Restraints" means any physical restraint or
mechanical device used to control the movement of a
prisoner's body or limbs, or both, including, but not
limited to, flex cuffs, soft restraints, hard metal
handcuffs, a black box, Chubb cuffs, leg irons, belly
chains, a security (tether) chain, or a convex shield, or
shackles of any kind.
(2) "Labor" means the period of time before a birth and
shall include any medical condition in which a woman is
sent or brought to the hospital for the purpose of
delivering her baby. These situations include: induction
of labor, prodromal labor, pre-term labor, prelabor
rupture of membranes, the 3 stages of active labor, uterine
hemorrhage during the third trimester of pregnancy, and
caesarian delivery including pre-operative preparation.
(3) "Post-partum" means, as determined by her
physician, advanced practice registered nurse, or
physician assistant, the period immediately following
delivery, including the entire period a woman is in the
hospital or infirmary after birth.
(4) "Correctional institution" means any entity under
the authority of a county law enforcement division of a
county of more than 3,000,000 inhabitants that has the
power to detain or restrain, or both, a person under the
laws of the State.
(5) "Corrections official" means the official that is
responsible for oversight of a correctional institution,
or his or her designee.
(6) "Prisoner" means any person incarcerated or
detained in any facility who is accused of, convicted of,
sentenced for, or adjudicated delinquent for, violations
of criminal law or the terms and conditions of parole,
probation, pretrial release, or diversionary program, and
any person detained under the immigration laws of the
United States at any correctional facility.
(7) "Extraordinary circumstance" means an
extraordinary medical or security circumstance, including
a substantial flight risk, that dictates restraints be used
to ensure the safety and security of the prisoner, the
staff of the correctional institution or medical facility,
other prisoners, or the public.
(b) A county department of corrections shall not apply
security restraints to a prisoner that has been determined by a
qualified medical professional to be pregnant and is known by
the county department of corrections to be pregnant or in
postpartum recovery, which is the entire period a woman is in
the medical facility after birth, unless the corrections
official makes an individualized determination that the
prisoner presents a substantial flight risk or some other
extraordinary circumstance that dictates security restraints
be used to ensure the safety and security of the prisoner, her
child or unborn child, the staff of the county department of
corrections or medical facility, other prisoners, or the
public. The protections set out in clauses (b)(3) and (b)(4) of
this Section shall apply to security restraints used pursuant
to this subsection. The corrections official shall immediately
remove all restraints upon the written or oral request of
medical personnel. Oral requests made by medical personnel
shall be verified in writing as promptly as reasonably
possible.
(1) Qualified authorized health staff shall have the
authority to order therapeutic restraints for a pregnant or
postpartum prisoner who is a danger to herself, her child,
unborn child, or other persons due to a psychiatric or
medical disorder. Therapeutic restraints may only be
initiated, monitored and discontinued by qualified and
authorized health staff and used to safely limit a
prisoner's mobility for psychiatric or medical reasons. No
order for therapeutic restraints shall be written unless
medical or mental health personnel, after personally
observing and examining the prisoner, are clinically
satisfied that the use of therapeutic restraints is
justified and permitted in accordance with hospital
policies and applicable State law. Metal handcuffs or
shackles are not considered therapeutic restraints.
(2) Whenever therapeutic restraints are used by
medical personnel, Section 2-108 of the Mental Health and
Developmental Disabilities Code shall apply.
(3) Leg irons, shackles or waist shackles shall not be
used on any pregnant or postpartum prisoner regardless of
security classification. Except for therapeutic restraints
under clause (b)(2), no restraints of any kind may be
applied to prisoners during labor.
(4) When a pregnant or postpartum prisoner must be
restrained, restraints used shall be the least restrictive
restraints possible to ensure the safety and security of
the prisoner, her child, unborn child, the staff of the
county department of corrections or medical facility,
other prisoners, or the public, and in no case shall
include leg irons, shackles or waist shackles.
(5) Upon the pregnant prisoner's entry into a hospital
room, and completion of initial room inspection, a
corrections official shall be posted immediately outside
the hospital room, unless requested to be in the room by
medical personnel attending to the prisoner's medical
needs.
(6) The county department of corrections shall provide
adequate corrections personnel to monitor the pregnant
prisoner during her transport to and from the hospital and
during her stay at the hospital.
(7) Where the county department of corrections
requires prisoner safety assessments, a corrections
official may enter the hospital room to conduct periodic
prisoner safety assessments, except during a medical
examination or the delivery process.
(8) Upon discharge from a medical facility, postpartum
prisoners shall be restrained only with handcuffs in front
of the body during transport to the county department of
corrections. A corrections official shall immediately
remove all security restraints upon written or oral request
by medical personnel. Oral requests made by medical
personnel shall be verified in writing as promptly as
reasonably possible.
(c) Enforcement. No later than 30 days before the end of
each fiscal year, the county sheriff or corrections official of
the correctional institution where a pregnant prisoner has been
restrained during that previous fiscal year, shall submit a
written report to the Illinois General Assembly and the Office
of the Governor that includes an account of every instance of
prisoner restraint pursuant to this Section. The written report
shall state the date, time, location and rationale for each
instance in which restraints are used. The written report shall
not contain any individually identifying information of any
prisoner. Such reports shall be made available for public
inspection.
(Source: P.A. 99-581, eff. 1-1-17.)
(55 ILCS 5/5-1069) (from Ch. 34, par. 5-1069)
Sec. 5-1069. Group life, health, accident, hospital, and
medical insurance.
(a) The county board of any county may arrange to provide,
for the benefit of employees of the county, group life, health,
accident, hospital, and medical insurance, or any one or any
combination of those types of insurance, or the county board
may self-insure, for the benefit of its employees, all or a
portion of the employees' group life, health, accident,
hospital, and medical insurance, or any one or any combination
of those types of insurance, including a combination of
self-insurance and other types of insurance authorized by this
Section, provided that the county board complies with all other
requirements of this Section. The insurance may include
provision for employees who rely on treatment by prayer or
spiritual means alone for healing in accordance with the tenets
and practice of a well recognized religious denomination. The
county board may provide for payment by the county of a portion
or all of the premium or charge for the insurance with the
employee paying the balance of the premium or charge, if any.
If the county board undertakes a plan under which the county
pays only a portion of the premium or charge, the county board
shall provide for withholding and deducting from the
compensation of those employees who consent to join the plan
the balance of the premium or charge for the insurance.
(b) If the county board does not provide for self-insurance
or for a plan under which the county pays a portion or all of
the premium or charge for a group insurance plan, the county
board may provide for withholding and deducting from the
compensation of those employees who consent thereto the total
premium or charge for any group life, health, accident,
hospital, and medical insurance.
(c) The county board may exercise the powers granted in
this Section only if it provides for self-insurance or, where
it makes arrangements to provide group insurance through an
insurance carrier, if the kinds of group insurance are obtained
from an insurance company authorized to do business in the
State of Illinois. The county board may enact an ordinance
prescribing the method of operation of the insurance program.
(d) If a county, including a home rule county, is a
self-insurer for purposes of providing health insurance
coverage for its employees, the insurance coverage shall
include screening by low-dose mammography for all women 35
years of age or older for the presence of occult breast cancer
unless the county elects to provide mammograms itself under
Section 5-1069.1. The coverage shall be as follows:
(1) A baseline mammogram for women 35 to 39 years of
age.
(2) An annual mammogram for women 40 years of age or
older.
(3) A mammogram at the age and intervals considered
medically necessary by the woman's health care provider for
women under 40 years of age and having a family history of
breast cancer, prior personal history of breast cancer,
positive genetic testing, or other risk factors.
(4) A comprehensive ultrasound screening of an entire
breast or breasts if a mammogram demonstrates
heterogeneous or dense breast tissue, when medically
necessary as determined by a physician licensed to practice
medicine in all of its branches, advanced practice
registered nurse, or physician assistant.
For purposes of this subsection, "low-dose mammography"
means the x-ray examination of the breast using equipment
dedicated specifically for mammography, including the x-ray
tube, filter, compression device, and image receptor, with an
average radiation exposure delivery of less than one rad per
breast for 2 views of an average size breast. The term also
includes digital mammography.
(d-5) Coverage as described by subsection (d) shall be
provided at no cost to the insured and shall not be applied to
an annual or lifetime maximum benefit.
(d-10) When health care services are available through
contracted providers and a person does not comply with plan
provisions specific to the use of contracted providers, the
requirements of subsection (d-5) are not applicable. When a
person does not comply with plan provisions specific to the use
of contracted providers, plan provisions specific to the use of
non-contracted providers must be applied without distinction
for coverage required by this Section and shall be at least as
favorable as for other radiological examinations covered by the
policy or contract.
(d-15) If a county, including a home rule county, is a
self-insurer for purposes of providing health insurance
coverage for its employees, the insurance coverage shall
include mastectomy coverage, which includes coverage for
prosthetic devices or reconstructive surgery incident to the
mastectomy. Coverage for breast reconstruction in connection
with a mastectomy shall include:
(1) reconstruction of the breast upon which the
mastectomy has been performed;
(2) surgery and reconstruction of the other breast to
produce a symmetrical appearance; and
(3) prostheses and treatment for physical
complications at all stages of mastectomy, including
lymphedemas.
Care shall be determined in consultation with the attending
physician and the patient. The offered coverage for prosthetic
devices and reconstructive surgery shall be subject to the
deductible and coinsurance conditions applied to the
mastectomy, and all other terms and conditions applicable to
other benefits. When a mastectomy is performed and there is no
evidence of malignancy then the offered coverage may be limited
to the provision of prosthetic devices and reconstructive
surgery to within 2 years after the date of the mastectomy. As
used in this Section, "mastectomy" means the removal of all or
part of the breast for medically necessary reasons, as
determined by a licensed physician.
A county, including a home rule county, that is a
self-insurer for purposes of providing health insurance
coverage for its employees, may not penalize or reduce or limit
the reimbursement of an attending provider or provide
incentives (monetary or otherwise) to an attending provider to
induce the provider to provide care to an insured in a manner
inconsistent with this Section.
(d-20) The requirement that mammograms be included in
health insurance coverage as provided in subsections (d)
through (d-15) is an exclusive power and function of the State
and is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution of home rule county
powers. A home rule county to which subsections (d) through
(d-15) apply must comply with every provision of those
subsections.
(e) The term "employees" as used in this Section includes
elected or appointed officials but does not include temporary
employees.
(f) The county board may, by ordinance, arrange to provide
group life, health, accident, hospital, and medical insurance,
or any one or a combination of those types of insurance, under
this Section to retired former employees and retired former
elected or appointed officials of the county.
(g) Rulemaking authority to implement this amendatory Act
of the 95th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of the
Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is
unauthorized.
(Source: P.A. 99-581, eff. 1-1-17.)
Section 80. The Illinois Municipal Code is amended by
changing Sections 10-1-38.1 and 10-2.1-18 as follows:
(65 ILCS 5/10-1-38.1) (from Ch. 24, par. 10-1-38.1)
Sec. 10-1-38.1. When the force of the Fire Department or of
the Police Department is reduced, and positions displaced or
abolished, seniority shall prevail, and the officers and
members so reduced in rank, or removed from the service of the
Fire Department or of the Police Department shall be considered
furloughed without pay from the positions from which they were
reduced or removed.
Such reductions and removals shall be in strict compliance
with seniority and in no event shall any officer or member be
reduced more than one rank in a reduction of force. Officers
and members with the least seniority in the position to be
reduced shall be reduced to the next lower rated position. For
purposes of determining which officers and members will be
reduced in rank, seniority shall be determined by adding the
time spent at the rank or position from which the officer or
member is to be reduced and the time spent at any higher rank
or position in the Department. For purposes of determining
which officers or members in the lowest rank or position shall
be removed from the Department in the event of a layoff, length
of service in the Department shall be the basis for determining
seniority, with the least senior such officer or member being
the first so removed and laid off. Such officers or members
laid off shall have their names placed on an appropriate
reemployment list in the reverse order of dates of layoff.
If any positions which have been vacated because of
reduction in forces or displacement and abolition of positions,
are reinstated, such members and officers of the Fire
Department or of the Police Department as are furloughed from
the said positions shall be notified by registered mail of such
reinstatement of positions and shall have prior right to such
positions if otherwise qualified, and in all cases seniority
shall prevail. Written application for such reinstated
position must be made by the furloughed person within 30 days
after notification as above provided and such person may be
required to submit to examination by physicians, advanced
practice registered nurses, or physician assistants of both the
commission and the appropriate pension board to determine his
physical fitness.
(Source: P.A. 99-581, eff. 1-1-17.)
(65 ILCS 5/10-2.1-18) (from Ch. 24, par. 10-2.1-18)
Sec. 10-2.1-18. Fire or police departments - Reduction of
force - Reinstatement. When the force of the fire department or
of the police department is reduced, and positions displaced or
abolished, seniority shall prevail and the officers and members
so reduced in rank, or removed from the service of the fire
department or of the police department shall be considered
furloughed without pay from the positions from which they were
reduced or removed.
Such reductions and removals shall be in strict compliance
with seniority and in no event shall any officer or member be
reduced more than one rank in a reduction of force. Officers
and members with the least seniority in the position to be
reduced shall be reduced to the next lower rated position. For
purposes of determining which officers and members will be
reduced in rank, seniority shall be determined by adding the
time spent at the rank or position from which the officer or
member is to be reduced and the time spent at any higher rank
or position in the Department. For purposes of determining
which officers or members in the lowest rank or position shall
be removed from the Department in the event of a layoff, length
of service in the Department shall be the basis for determining
seniority, with the least senior such officer or member being
the first so removed and laid off. Such officers or members
laid off shall have their names placed on an appropriate
reemployment list in the reverse order of dates of layoff.
If any positions which have been vacated because of
reduction in forces or displacement and abolition of positions,
are reinstated, such members and officers of the fire
department or of the police department as are furloughed from
the said positions shall be notified by the board by registered
mail of such reinstatement of positions and shall have prior
right to such positions if otherwise qualified, and in all
cases seniority shall prevail. Written application for such
reinstated position must be made by the furloughed person
within 30 days after notification as above provided and such
person may be required to submit to examination by physicians,
advanced practice registered nurses, or physician assistants
of both the board of fire and police commissioners and the
appropriate pension board to determine his physical fitness.
(Source: P.A. 99-581, eff. 1-1-17.)
Section 85. The School Code is amended by changing Sections
22-30, 22-80, 24-5, 24-6, 26-1, and 27-8.1 as follows:
(105 ILCS 5/22-30)
Sec. 22-30. Self-administration and self-carry of asthma
medication and epinephrine auto-injectors; administration of
undesignated epinephrine auto-injectors; administration of an
opioid antagonist; asthma episode emergency response protocol.
(a) For the purpose of this Section only, the following
terms shall have the meanings set forth below:
"Asthma action plan" means a written plan developed with a
pupil's medical provider to help control the pupil's asthma.
The goal of an asthma action plan is to reduce or prevent
flare-ups and emergency department visits through day-to-day
management and to serve as a student-specific document to be
referenced in the event of an asthma episode.
"Asthma episode emergency response protocol" means a
procedure to provide assistance to a pupil experiencing
symptoms of wheezing, coughing, shortness of breath, chest
tightness, or breathing difficulty.
"Asthma inhaler" means a quick reliever asthma inhaler.
"Epinephrine auto-injector" means a single-use device used
for the automatic injection of a pre-measured dose of
epinephrine into the human body.
"Asthma medication" means a medicine, prescribed by (i) a
physician licensed to practice medicine in all its branches,
(ii) a licensed physician assistant with prescriptive
authority, or (iii) a licensed advanced practice registered
nurse with prescriptive authority for a pupil that pertains to
the pupil's asthma and that has an individual prescription
label.
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids acting
on those receptors, including, but not limited to, naloxone
hydrochloride or any other similarly acting drug approved by
the U.S. Food and Drug Administration.
"School nurse" means a registered nurse working in a school
with or without licensure endorsed in school nursing.
"Self-administration" means a pupil's discretionary use of
his or her prescribed asthma medication or epinephrine
auto-injector.
"Self-carry" means a pupil's ability to carry his or her
prescribed asthma medication or epinephrine auto-injector.
"Standing protocol" may be issued by (i) a physician
licensed to practice medicine in all its branches, (ii) a
licensed physician assistant with prescriptive authority, or
(iii) a licensed advanced practice registered nurse with
prescriptive authority.
"Trained personnel" means any school employee or volunteer
personnel authorized in Sections 10-22.34, 10-22.34a, and
10-22.34b of this Code who has completed training under
subsection (g) of this Section to recognize and respond to
anaphylaxis.
"Undesignated epinephrine auto-injector" means an
epinephrine auto-injector prescribed in the name of a school
district, public school, or nonpublic school.
(b) A school, whether public or nonpublic, must permit the
self-administration and self-carry of asthma medication by a
pupil with asthma or the self-administration and self-carry of
an epinephrine auto-injector by a pupil, provided that:
(1) the parents or guardians of the pupil provide to
the school (i) written authorization from the parents or
guardians for (A) the self-administration and self-carry
of asthma medication or (B) the self-carry of asthma
medication or (ii) for (A) the self-administration and
self-carry of an epinephrine auto-injector or (B) the
self-carry of an epinephrine auto-injector, written
authorization from the pupil's physician, physician
assistant, or advanced practice registered nurse; and
(2) the parents or guardians of the pupil provide to
the school (i) the prescription label, which must contain
the name of the asthma medication, the prescribed dosage,
and the time at which or circumstances under which the
asthma medication is to be administered, or (ii) for the
self-administration or self-carry of an epinephrine
auto-injector, a written statement from the pupil's
physician, physician assistant, or advanced practice
registered nurse containing the following information:
(A) the name and purpose of the epinephrine
auto-injector;
(B) the prescribed dosage; and
(C) the time or times at which or the special
circumstances under which the epinephrine
auto-injector is to be administered.
The information provided shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the
school's administrator.
(b-5) A school district, public school, or nonpublic school
may authorize the provision of a student-specific or
undesignated epinephrine auto-injector to a student or any
personnel authorized under a student's Individual Health Care
Action Plan, Illinois Food Allergy Emergency Action Plan and
Treatment Authorization Form, or plan pursuant to Section 504
of the federal Rehabilitation Act of 1973 to administer an
epinephrine auto-injector to the student, that meets the
student's prescription on file.
(b-10) The school district, public school, or nonpublic
school may authorize a school nurse or trained personnel to do
the following: (i) provide an undesignated epinephrine
auto-injector to a student for self-administration only or any
personnel authorized under a student's Individual Health Care
Action Plan, Illinois Food Allergy Emergency Action Plan and
Treatment Authorization Form, or plan pursuant to Section 504
of the federal Rehabilitation Act of 1973 to administer to the
student, that meets the student's prescription on file; (ii)
administer an undesignated epinephrine auto-injector that
meets the prescription on file to any student who has an
Individual Health Care Action Plan, Illinois Food Allergy
Emergency Action Plan and Treatment Authorization Form, or plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973 that authorizes the use of an epinephrine auto-injector;
(iii) administer an undesignated epinephrine auto-injector to
any person that the school nurse or trained personnel in good
faith believes is having an anaphylactic reaction; and (iv)
administer an opioid antagonist to any person that the school
nurse or trained personnel in good faith believes is having an
opioid overdose.
(c) The school district, public school, or nonpublic school
must inform the parents or guardians of the pupil, in writing,
that the school district, public school, or nonpublic school
and its employees and agents, including a physician, physician
assistant, or advanced practice registered nurse providing
standing protocol or prescription for school epinephrine
auto-injectors, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result
of any injury arising from the administration of asthma
medication, an epinephrine auto-injector, or an opioid
antagonist regardless of whether authorization was given by the
pupil's parents or guardians or by the pupil's physician,
physician assistant, or advanced practice registered nurse.
The parents or guardians of the pupil must sign a statement
acknowledging that the school district, public school, or
nonpublic school and its employees and agents are to incur no
liability, except for willful and wanton conduct, as a result
of any injury arising from the administration of asthma
medication, an epinephrine auto-injector, or an opioid
antagonist regardless of whether authorization was given by the
pupil's parents or guardians or by the pupil's physician,
physician assistant, or advanced practice registered nurse and
that the parents or guardians must indemnify and hold harmless
the school district, public school, or nonpublic school and its
employees and agents against any claims, except a claim based
on willful and wanton conduct, arising out of the
administration of asthma medication, an epinephrine
auto-injector, or an opioid antagonist regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice registered nurse.
(c-5) When a school nurse or trained personnel administers
an undesignated epinephrine auto-injector to a person whom the
school nurse or trained personnel in good faith believes is
having an anaphylactic reaction or administers an opioid
antagonist to a person whom the school nurse or trained
personnel in good faith believes is having an opioid overdose,
notwithstanding the lack of notice to the parents or guardians
of the pupil or the absence of the parents or guardians signed
statement acknowledging no liability, except for willful and
wanton conduct, the school district, public school, or
nonpublic school and its employees and agents, and a physician,
a physician assistant, or an advanced practice registered nurse
providing standing protocol or prescription for undesignated
epinephrine auto-injectors, are to incur no liability or
professional discipline, except for willful and wanton
conduct, as a result of any injury arising from the use of an
undesignated epinephrine auto-injector or the use of an opioid
antagonist regardless of whether authorization was given by the
pupil's parents or guardians or by the pupil's physician,
physician assistant, or advanced practice registered nurse.
(d) The permission for self-administration and self-carry
of asthma medication or the self-administration and self-carry
of an epinephrine auto-injector is effective for the school
year for which it is granted and shall be renewed each
subsequent school year upon fulfillment of the requirements of
this Section.
(e) Provided that the requirements of this Section are
fulfilled, a pupil with asthma may self-administer and
self-carry his or her asthma medication or a pupil may
self-administer and self-carry an epinephrine auto-injector
(i) while in school, (ii) while at a school-sponsored activity,
(iii) while under the supervision of school personnel, or (iv)
before or after normal school activities, such as while in
before-school or after-school care on school-operated property
or while being transported on a school bus.
(e-5) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an undesignated epinephrine auto-injector to any person whom
the school nurse or trained personnel in good faith believes to
be having an anaphylactic reaction (i) while in school, (ii)
while at a school-sponsored activity, (iii) while under the
supervision of school personnel, or (iv) before or after normal
school activities, such as while in before-school or
after-school care on school-operated property or while being
transported on a school bus. A school nurse or trained
personnel may carry undesignated epinephrine auto-injectors on
his or her person while in school or at a school-sponsored
activity.
(e-10) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an opioid antagonist to any person whom the school nurse or
trained personnel in good faith believes to be having an opioid
overdose (i) while in school, (ii) while at a school-sponsored
activity, (iii) while under the supervision of school
personnel, or (iv) before or after normal school activities,
such as while in before-school or after-school care on
school-operated property. A school nurse or trained personnel
may carry an opioid antagonist on their person while in school
or at a school-sponsored activity.
(f) The school district, public school, or nonpublic school
may maintain a supply of undesignated epinephrine
auto-injectors in any secure location that is accessible
before, during, and after school where an allergic person is
most at risk, including, but not limited to, classrooms and
lunchrooms. A physician, a physician assistant who has been
delegated prescriptive authority in accordance with Section
7.5 of the Physician Assistant Practice Act of 1987, or an
advanced practice registered nurse who has been delegated
prescriptive authority in accordance with Section 65-40 of the
Nurse Practice Act may prescribe undesignated epinephrine
auto-injectors in the name of the school district, public
school, or nonpublic school to be maintained for use when
necessary. Any supply of epinephrine auto-injectors shall be
maintained in accordance with the manufacturer's instructions.
The school district, public school, or nonpublic school may
maintain a supply of an opioid antagonist in any secure
location where an individual may have an opioid overdose. A
health care professional who has been delegated prescriptive
authority for opioid antagonists in accordance with Section
5-23 of the Alcoholism and Other Drug Abuse and Dependency Act
may prescribe opioid antagonists in the name of the school
district, public school, or nonpublic school, to be maintained
for use when necessary. Any supply of opioid antagonists shall
be maintained in accordance with the manufacturer's
instructions.
(f-3) Whichever entity initiates the process of obtaining
undesignated epinephrine auto-injectors and providing training
to personnel for carrying and administering undesignated
epinephrine auto-injectors shall pay for the costs of the
undesignated epinephrine auto-injectors.
(f-5) Upon any administration of an epinephrine
auto-injector, a school district, public school, or nonpublic
school must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
Upon any administration of an opioid antagonist, a school
district, public school, or nonpublic school must immediately
activate the EMS system and notify the student's parent,
guardian, or emergency contact, if known.
(f-10) Within 24 hours of the administration of an
undesignated epinephrine auto-injector, a school district,
public school, or nonpublic school must notify the physician,
physician assistant, or advanced practice registered nurse who
provided the standing protocol or prescription for the
undesignated epinephrine auto-injector of its use.
Within 24 hours after the administration of an opioid
antagonist, a school district, public school, or nonpublic
school must notify the health care professional who provided
the prescription for the opioid antagonist of its use.
(g) Prior to the administration of an undesignated
epinephrine auto-injector, trained personnel must submit to
their school's administration proof of completion of a training
curriculum to recognize and respond to anaphylaxis that meets
the requirements of subsection (h) of this Section. Training
must be completed annually. their The school district, public
school, or nonpublic school must maintain records related to
the training curriculum and trained personnel.
Prior to the administration of an opioid antagonist,
trained personnel must submit to their school's administration
proof of completion of a training curriculum to recognize and
respond to an opioid overdose, which curriculum must meet the
requirements of subsection (h-5) of this Section. Training must
be completed annually. Trained personnel must also submit to
the school's administration proof of cardiopulmonary
resuscitation and automated external defibrillator
certification. The school district, public school, or
nonpublic school must maintain records relating to the training
curriculum and the trained personnel.
(h) A training curriculum to recognize and respond to
anaphylaxis, including the administration of an undesignated
epinephrine auto-injector, may be conducted online or in
person.
Training shall include, but is not limited to:
(1) how to recognize signs and symptoms of an allergic
reaction, including anaphylaxis;
(2) how to administer an epinephrine auto-injector;
and
(3) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector.
Training may also include, but is not limited to:
(A) a review of high-risk areas within a school and its
related facilities;
(B) steps to take to prevent exposure to allergens;
(C) emergency follow-up procedures;
(D) how to respond to a student with a known allergy,
as well as a student with a previously unknown allergy; and
(E) other criteria as determined in rules adopted
pursuant to this Section.
In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all of
its branches, registered nurses, and school nurses, the State
Board of Education shall make available resource materials
consistent with criteria in this subsection (h) for educating
trained personnel to recognize and respond to anaphylaxis. The
State Board may take into consideration the curriculum on this
subject developed by other states, as well as any other
curricular materials suggested by medical experts and other
groups that work on life-threatening allergy issues. The State
Board is not required to create new resource materials. The
State Board shall make these resource materials available on
its Internet website.
(h-5) A training curriculum to recognize and respond to an
opioid overdose, including the administration of an opioid
antagonist, may be conducted online or in person. The training
must comply with any training requirements under Section 5-23
of the Alcoholism and Other Drug Abuse and Dependency Act and
the corresponding rules. It must include, but is not limited
to:
(1) how to recognize symptoms of an opioid overdose;
(2) information on drug overdose prevention and
recognition;
(3) how to perform rescue breathing and resuscitation;
(4) how to respond to an emergency involving an opioid
overdose;
(5) opioid antagonist dosage and administration;
(6) the importance of calling 911;
(7) care for the overdose victim after administration
of the overdose antagonist;
(8) a test demonstrating competency of the knowledge
required to recognize an opioid overdose and administer a
dose of an opioid antagonist; and
(9) other criteria as determined in rules adopted
pursuant to this Section.
(i) Within 3 days after the administration of an
undesignated epinephrine auto-injector by a school nurse,
trained personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education in a form and manner prescribed by the State Board
the following information:
(1) age and type of person receiving epinephrine
(student, staff, visitor);
(2) any previously known diagnosis of a severe allergy;
(3) trigger that precipitated allergic episode;
(4) location where symptoms developed;
(5) number of doses administered;
(6) type of person administering epinephrine (school
nurse, trained personnel, student); and
(7) any other information required by the State Board.
If a school district, public school, or nonpublic school
maintains or has an independent contractor providing
transportation to students who maintains a supply of
undesignated epinephrine auto-injectors, then the school
district, public school, or nonpublic school must report that
information to the State Board of Education upon adoption or
change of the policy of the school district, public school,
nonpublic school, or independent contractor, in a manner as
prescribed by the State Board. The report must include the
number of undesignated epinephrine auto-injectors in supply.
(i-5) Within 3 days after the administration of an opioid
antagonist by a school nurse or trained personnel, the school
must report to the State Board of Education, in a form and
manner prescribed by the State Board, the following
information:
(1) the age and type of person receiving the opioid
antagonist (student, staff, or visitor);
(2) the location where symptoms developed;
(3) the type of person administering the opioid
antagonist (school nurse or trained personnel); and
(4) any other information required by the State Board.
(j) By October 1, 2015 and every year thereafter, the State
Board of Education shall submit a report to the General
Assembly identifying the frequency and circumstances of
epinephrine administration during the preceding academic year.
Beginning with the 2017 report, the report shall also contain
information on which school districts, public schools, and
nonpublic schools maintain or have independent contractors
providing transportation to students who maintain a supply of
undesignated epinephrine auto-injectors. This report shall be
published on the State Board's Internet website on the date the
report is delivered to the General Assembly.
(j-5) Annually, each school district, public school,
charter school, or nonpublic school shall request an asthma
action plan from the parents or guardians of a pupil with
asthma. If provided, the asthma action plan must be kept on
file in the office of the school nurse or, in the absence of a
school nurse, the school administrator. Copies of the asthma
action plan may be distributed to appropriate school staff who
interact with the pupil on a regular basis, and, if applicable,
may be attached to the pupil's federal Section 504 plan or
individualized education program plan.
(j-10) To assist schools with emergency response
procedures for asthma, the State Board of Education, in
consultation with statewide professional organizations with
expertise in asthma management and a statewide organization
representing school administrators, shall develop a model
asthma episode emergency response protocol before September 1,
2016. Each school district, charter school, and nonpublic
school shall adopt an asthma episode emergency response
protocol before January 1, 2017 that includes all of the
components of the State Board's model protocol.
(j-15) Every 2 years, school personnel who work with pupils
shall complete an in-person or online training program on the
management of asthma, the prevention of asthma symptoms, and
emergency response in the school setting. In consultation with
statewide professional organizations with expertise in asthma
management, the State Board of Education shall make available
resource materials for educating school personnel about asthma
and emergency response in the school setting.
(j-20) On or before October 1, 2016 and every year
thereafter, the State Board of Education shall submit a report
to the General Assembly and the Department of Public Health
identifying the frequency and circumstances of opioid
antagonist administration during the preceding academic year.
This report shall be published on the State Board's Internet
website on the date the report is delivered to the General
Assembly.
(k) The State Board of Education may adopt rules necessary
to implement this Section.
(l) Nothing in this Section shall limit the amount of
epinephrine auto-injectors that any type of school or student
may carry or maintain a supply of.
(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
99-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-711, eff. 1-1-17;
99-843, eff. 8-19-16; revised 9-8-16.)
(105 ILCS 5/22-80)
Sec. 22-80. Student athletes; concussions and head
injuries.
(a) The General Assembly recognizes all of the following:
(1) Concussions are one of the most commonly reported
injuries in children and adolescents who participate in
sports and recreational activities. The Centers for
Disease Control and Prevention estimates that as many as
3,900,000 sports-related and recreation-related
concussions occur in the United States each year. A
concussion is caused by a blow or motion to the head or
body that causes the brain to move rapidly inside the
skull. The risk of catastrophic injuries or death are
significant when a concussion or head injury is not
properly evaluated and managed.
(2) Concussions are a type of brain injury that can
range from mild to severe and can disrupt the way the brain
normally works. Concussions can occur in any organized or
unorganized sport or recreational activity and can result
from a fall or from players colliding with each other, the
ground, or with obstacles. Concussions occur with or
without loss of consciousness, but the vast majority of
concussions occur without loss of consciousness.
(3) Continuing to play with a concussion or symptoms of
a head injury leaves a young athlete especially vulnerable
to greater injury and even death. The General Assembly
recognizes that, despite having generally recognized
return-to-play standards for concussions and head
injuries, some affected youth athletes are prematurely
returned to play, resulting in actual or potential physical
injury or death to youth athletes in this State.
(4) Student athletes who have sustained a concussion
may need informal or formal accommodations, modifications
of curriculum, and monitoring by medical or academic staff
until the student is fully recovered. To that end, all
schools are encouraged to establish a return-to-learn
protocol that is based on peer-reviewed scientific
evidence consistent with Centers for Disease Control and
Prevention guidelines and conduct baseline testing for
student athletes.
(b) In this Section:
"Athletic trainer" means an athletic trainer licensed
under the Illinois Athletic Trainers Practice Act.
"Coach" means any volunteer or employee of a school who is
responsible for organizing and supervising students to teach
them or train them in the fundamental skills of an
interscholastic athletic activity. "Coach" refers to both head
coaches and assistant coaches.
"Concussion" means a complex pathophysiological process
affecting the brain caused by a traumatic physical force or
impact to the head or body, which may include temporary or
prolonged altered brain function resulting in physical,
cognitive, or emotional symptoms or altered sleep patterns and
which may or may not involve a loss of consciousness.
"Department" means the Department of Financial and
Professional Regulation.
"Game official" means a person who officiates at an
interscholastic athletic activity, such as a referee or umpire,
including, but not limited to, persons enrolled as game
officials by the Illinois High School Association or Illinois
Elementary School Association.
"Interscholastic athletic activity" means any organized
school-sponsored or school-sanctioned activity for students,
generally outside of school instructional hours, under the
direction of a coach, athletic director, or band leader,
including, but not limited to, baseball, basketball,
cheerleading, cross country track, fencing, field hockey,
football, golf, gymnastics, ice hockey, lacrosse, marching
band, rugby, soccer, skating, softball, swimming and diving,
tennis, track (indoor and outdoor), ultimate Frisbee,
volleyball, water polo, and wrestling. All interscholastic
athletics are deemed to be interscholastic activities.
"Licensed healthcare professional" means a person who has
experience with concussion management and who is a nurse, a
psychologist who holds a license under the Clinical
Psychologist Licensing Act and specializes in the practice of
neuropsychology, a physical therapist licensed under the
Illinois Physical Therapy Act, an occupational therapist
licensed under the Illinois Occupational Therapy Practice Act.
"Nurse" means a person who is employed by or volunteers at
a school and is licensed under the Nurse Practice Act as a
registered nurse, practical nurse, or advanced practice
registered nurse.
"Physician" means a physician licensed to practice
medicine in all of its branches under the Medical Practice Act
of 1987.
"School" means any public or private elementary or
secondary school, including a charter school.
"Student" means an adolescent or child enrolled in a
school.
(c) This Section applies to any interscholastic athletic
activity, including practice and competition, sponsored or
sanctioned by a school, the Illinois Elementary School
Association, or the Illinois High School Association. This
Section applies beginning with the 2016-2017 school year.
(d) The governing body of each public or charter school and
the appropriate administrative officer of a private school with
students enrolled who participate in an interscholastic
athletic activity shall appoint or approve a concussion
oversight team. Each concussion oversight team shall establish
a return-to-play protocol, based on peer-reviewed scientific
evidence consistent with Centers for Disease Control and
Prevention guidelines, for a student's return to
interscholastic athletics practice or competition following a
force or impact believed to have caused a concussion. Each
concussion oversight team shall also establish a
return-to-learn protocol, based on peer-reviewed scientific
evidence consistent with Centers for Disease Control and
Prevention guidelines, for a student's return to the classroom
after that student is believed to have experienced a
concussion, whether or not the concussion took place while the
student was participating in an interscholastic athletic
activity.
Each concussion oversight team must include to the extent
practicable at least one physician. If a school employs an
athletic trainer, the athletic trainer must be a member of the
school concussion oversight team to the extent practicable. If
a school employs a nurse, the nurse must be a member of the
school concussion oversight team to the extent practicable. At
a minimum, a school shall appoint a person who is responsible
for implementing and complying with the return-to-play and
return-to-learn protocols adopted by the concussion oversight
team. A school may appoint other licensed healthcare
professionals to serve on the concussion oversight team.
(e) A student may not participate in an interscholastic
athletic activity for a school year until the student and the
student's parent or guardian or another person with legal
authority to make medical decisions for the student have signed
a form for that school year that acknowledges receiving and
reading written information that explains concussion
prevention, symptoms, treatment, and oversight and that
includes guidelines for safely resuming participation in an
athletic activity following a concussion. The form must be
approved by the Illinois High School Association.
(f) A student must be removed from an interscholastic
athletics practice or competition immediately if one of the
following persons believes the student might have sustained a
concussion during the practice or competition:
(1) a coach;
(2) a physician;
(3) a game official;
(4) an athletic trainer;
(5) the student's parent or guardian or another person
with legal authority to make medical decisions for the
student;
(6) the student; or
(7) any other person deemed appropriate under the
school's return-to-play protocol.
(g) A student removed from an interscholastic athletics
practice or competition under this Section may not be permitted
to practice or compete again following the force or impact
believed to have caused the concussion until:
(1) the student has been evaluated, using established
medical protocols based on peer-reviewed scientific
evidence consistent with Centers for Disease Control and
Prevention guidelines, by a treating physician (chosen by
the student or the student's parent or guardian or another
person with legal authority to make medical decisions for
the student) or an athletic trainer working under the
supervision of a physician;
(2) the student has successfully completed each
requirement of the return-to-play protocol established
under this Section necessary for the student to return to
play;
(3) the student has successfully completed each
requirement of the return-to-learn protocol established
under this Section necessary for the student to return to
learn;
(4) the treating physician or athletic trainer working
under the supervision of a physician has provided a written
statement indicating that, in the physician's professional
judgment, it is safe for the student to return to play and
return to learn; and
(5) the student and the student's parent or guardian or
another person with legal authority to make medical
decisions for the student:
(A) have acknowledged that the student has
completed the requirements of the return-to-play and
return-to-learn protocols necessary for the student to
return to play;
(B) have provided the treating physician's or
athletic trainer's written statement under subdivision
(4) of this subsection (g) to the person responsible
for compliance with the return-to-play and
return-to-learn protocols under this subsection (g)
and the person who has supervisory responsibilities
under this subsection (g); and
(C) have signed a consent form indicating that the
person signing:
(i) has been informed concerning and consents
to the student participating in returning to play
in accordance with the return-to-play and
return-to-learn protocols;
(ii) understands the risks associated with the
student returning to play and returning to learn
and will comply with any ongoing requirements in
the return-to-play and return-to-learn protocols;
and
(iii) consents to the disclosure to
appropriate persons, consistent with the federal
Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191), of the treating
physician's or athletic trainer's written
statement under subdivision (4) of this subsection
(g) and, if any, the return-to-play and
return-to-learn recommendations of the treating
physician or the athletic trainer, as the case may
be.
A coach of an interscholastic athletics team may not
authorize a student's return to play or return to learn.
The district superintendent or the superintendent's
designee in the case of a public elementary or secondary
school, the chief school administrator or that person's
designee in the case of a charter school, or the appropriate
administrative officer or that person's designee in the case of
a private school shall supervise an athletic trainer or other
person responsible for compliance with the return-to-play
protocol and shall supervise the person responsible for
compliance with the return-to-learn protocol. The person who
has supervisory responsibilities under this paragraph may not
be a coach of an interscholastic athletics team.
(h)(1) The Illinois High School Association shall approve,
for coaches and game officials of interscholastic athletic
activities, training courses that provide for not less than 2
hours of training in the subject matter of concussions,
including evaluation, prevention, symptoms, risks, and
long-term effects. The Association shall maintain an updated
list of individuals and organizations authorized by the
Association to provide the training.
(2) The following persons must take a training course in
accordance with paragraph (4) of this subsection (h) from an
authorized training provider at least once every 2 years:
(A) a coach of an interscholastic athletic activity;
(B) a nurse who serves as a member of a concussion
oversight team and is an employee, representative, or agent
of a school;
(C) a game official of an interscholastic athletic
activity; and
(D) a nurse who serves on a volunteer basis as a member
of a concussion oversight team for a school.
(3) A physician who serves as a member of a concussion
oversight team shall, to the greatest extent practicable,
periodically take an appropriate continuing medical education
course in the subject matter of concussions.
(4) For purposes of paragraph (2) of this subsection (h):
(A) a coach or game officials, as the case may be, must
take a course described in paragraph (1) of this subsection
(h).
(B) an athletic trainer must take a concussion-related
continuing education course from an athletic trainer
continuing education sponsor approved by the Department;
and
(C) a nurse must take a course concerning the subject
matter of concussions that has been approved for continuing
education credit by the Department.
(5) Each person described in paragraph (2) of this
subsection (h) must submit proof of timely completion of an
approved course in compliance with paragraph (4) of this
subsection (h) to the district superintendent or the
superintendent's designee in the case of a public elementary or
secondary school, the chief school administrator or that
person's designee in the case of a charter school, or the
appropriate administrative officer or that person's designee
in the case of a private school.
(6) A physician, athletic trainer, or nurse who is not in
compliance with the training requirements under this
subsection (h) may not serve on a concussion oversight team in
any capacity.
(7) A person required under this subsection (h) to take a
training course in the subject of concussions must initially
complete the training not later than September 1, 2016.
(i) The governing body of each public or charter school and
the appropriate administrative officer of a private school with
students enrolled who participate in an interscholastic
athletic activity shall develop a school-specific emergency
action plan for interscholastic athletic activities to address
the serious injuries and acute medical conditions in which the
condition of the student may deteriorate rapidly. The plan
shall include a delineation of roles, methods of communication,
available emergency equipment, and access to and a plan for
emergency transport. This emergency action plan must be:
(1) in writing;
(2) reviewed by the concussion oversight team;
(3) approved by the district superintendent or the
superintendent's designee in the case of a public
elementary or secondary school, the chief school
administrator or that person's designee in the case of a
charter school, or the appropriate administrative officer
or that person's designee in the case of a private school;
(4) distributed to all appropriate personnel;
(5) posted conspicuously at all venues utilized by the
school; and
(6) reviewed annually by all athletic trainers, first
responders, coaches, school nurses, athletic directors,
and volunteers for interscholastic athletic activities.
(j) The State Board of Education may adopt rules as
necessary to administer this Section.
(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;
99-642, eff. 7-28-16.)
(105 ILCS 5/24-5) (from Ch. 122, par. 24-5)
Sec. 24-5. Physical fitness and professional growth.
(a) In this Section, "employee" means any employee of a
school district, a student teacher, an employee of a contractor
that provides services to students or in schools, or any other
individual subject to the requirements of Section 10-21.9 or
34-18.5 of this Code.
(b) School boards shall require of new employees evidence
of physical fitness to perform duties assigned and freedom from
communicable disease. Such evidence shall consist of a physical
examination by a physician licensed in Illinois or any other
state to practice medicine and surgery in all its branches, a
licensed advanced practice registered nurse, or a licensed
physician assistant not more than 90 days preceding time of
presentation to the board, and the cost of such examination
shall rest with the employee. A new or existing employee may be
subject to additional health examinations, including screening
for tuberculosis, as required by rules adopted by the
Department of Public Health or by order of a local public
health official. The board may from time to time require an
examination of any employee by a physician licensed in Illinois
to practice medicine and surgery in all its branches, a
licensed advanced practice registered nurse, or a licensed
physician assistant and shall pay the expenses thereof from
school funds.
(c) School boards may require teachers in their employ to
furnish from time to time evidence of continued professional
growth.
(Source: P.A. 98-716, eff. 7-16-14; 99-173, eff. 7-29-15.)
(105 ILCS 5/24-6)
Sec. 24-6. Sick leave. The school boards of all school
districts, including special charter districts, but not
including school districts in municipalities of 500,000 or
more, shall grant their full-time teachers, and also shall
grant such of their other employees as are eligible to
participate in the Illinois Municipal Retirement Fund under the
"600-Hour Standard" established, or under such other
eligibility participation standard as may from time to time be
established, by rules and regulations now or hereafter
promulgated by the Board of that Fund under Section 7-198 of
the Illinois Pension Code, as now or hereafter amended, sick
leave provisions not less in amount than 10 days at full pay in
each school year. If any such teacher or employee does not use
the full amount of annual leave thus allowed, the unused amount
shall be allowed to accumulate to a minimum available leave of
180 days at full pay, including the leave of the current year.
Sick leave shall be interpreted to mean personal illness,
quarantine at home, serious illness or death in the immediate
family or household, or birth, adoption, or placement for
adoption. The school board may require a certificate from a
physician licensed in Illinois to practice medicine and surgery
in all its branches, a chiropractic physician licensed under
the Medical Practice Act of 1987, a licensed advanced practice
registered nurse, a licensed physician assistant, or, if the
treatment is by prayer or spiritual means, a spiritual adviser
or practitioner of the teacher's or employee's faith as a basis
for pay during leave after an absence of 3 days for personal
illness or 30 days for birth or as the school board may deem
necessary in other cases. If the school board does require a
certificate as a basis for pay during leave of less than 3 days
for personal illness, the school board shall pay, from school
funds, the expenses incurred by the teachers or other employees
in obtaining the certificate. For paid leave for adoption or
placement for adoption, the school board may require that the
teacher or other employee provide evidence that the formal
adoption process is underway, and such leave is limited to 30
days unless a longer leave has been negotiated with the
exclusive bargaining representative.
If, by reason of any change in the boundaries of school
districts, or by reason of the creation of a new school
district, the employment of a teacher is transferred to a new
or different board, the accumulated sick leave of such teacher
is not thereby lost, but is transferred to such new or
different district.
For purposes of this Section, "immediate family" shall
include parents, spouse, brothers, sisters, children,
grandparents, grandchildren, parents-in-law, brothers-in-law,
sisters-in-law, and legal guardians.
(Source: P.A. 99-173, eff. 7-29-15.)
(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
Sec. 26-1. Compulsory school age-Exemptions. Whoever has
custody or control of any child (i) between the ages of 7 and
17 years (unless the child has already graduated from high
school) for school years before the 2014-2015 school year or
(ii) between the ages of 6 (on or before September 1) and 17
years (unless the child has already graduated from high school)
beginning with the 2014-2015 school year shall cause such child
to attend some public school in the district wherein the child
resides the entire time it is in session during the regular
school term, except as provided in Section 10-19.1, and during
a required summer school program established under Section
10-22.33B; provided, that the following children shall not be
required to attend the public schools:
1. Any child attending a private or a parochial school
where children are taught the branches of education taught
to children of corresponding age and grade in the public
schools, and where the instruction of the child in the
branches of education is in the English language;
2. Any child who is physically or mentally unable to
attend school, such disability being certified to the
county or district truant officer by a competent physician
licensed in Illinois to practice medicine and surgery in
all its branches, a chiropractic physician licensed under
the Medical Practice Act of 1987, a licensed advanced
practice registered nurse, a licensed physician assistant,
or a Christian Science practitioner residing in this State
and listed in the Christian Science Journal; or who is
excused for temporary absence for cause by the principal or
teacher of the school which the child attends; the
exemptions in this paragraph (2) do not apply to any female
who is pregnant or the mother of one or more children,
except where a female is unable to attend school due to a
complication arising from her pregnancy and the existence
of such complication is certified to the county or district
truant officer by a competent physician;
3. Any child necessarily and lawfully employed
according to the provisions of the law regulating child
labor may be excused from attendance at school by the
county superintendent of schools or the superintendent of
the public school which the child should be attending, on
certification of the facts by and the recommendation of the
school board of the public school district in which the
child resides. In districts having part time continuation
schools, children so excused shall attend such schools at
least 8 hours each week;
4. Any child over 12 and under 14 years of age while in
attendance at confirmation classes;
5. Any child absent from a public school on a
particular day or days or at a particular time of day for
the reason that he is unable to attend classes or to
participate in any examination, study or work requirements
on a particular day or days or at a particular time of day,
because the tenets of his religion forbid secular activity
on a particular day or days or at a particular time of day.
Each school board shall prescribe rules and regulations
relative to absences for religious holidays including, but
not limited to, a list of religious holidays on which it
shall be mandatory to excuse a child; but nothing in this
paragraph 5 shall be construed to limit the right of any
school board, at its discretion, to excuse an absence on
any other day by reason of the observance of a religious
holiday. A school board may require the parent or guardian
of a child who is to be excused from attending school due
to the observance of a religious holiday to give notice,
not exceeding 5 days, of the child's absence to the school
principal or other school personnel. Any child excused from
attending school under this paragraph 5 shall not be
required to submit a written excuse for such absence after
returning to school;
6. Any child 16 years of age or older who (i) submits
to a school district evidence of necessary and lawful
employment pursuant to paragraph 3 of this Section and (ii)
is enrolled in a graduation incentives program pursuant to
Section 26-16 of this Code or an alternative learning
opportunities program established pursuant to Article 13B
of this Code; and
7. A child in any of grades 6 through 12 absent from a
public school on a particular day or days or at a
particular time of day for the purpose of sounding "Taps"
at a military honors funeral held in this State for a
deceased veteran. In order to be excused under this
paragraph 7, the student shall notify the school's
administration at least 2 days prior to the date of the
absence and shall provide the school's administration with
the date, time, and location of the military honors
funeral. The school's administration may waive this 2-day
notification requirement if the student did not receive at
least 2 days advance notice, but the student shall notify
the school's administration as soon as possible of the
absence. A student whose absence is excused under this
paragraph 7 shall be counted as if the student attended
school for purposes of calculating the average daily
attendance of students in the school district. A student
whose absence is excused under this paragraph 7 must be
allowed a reasonable time to make up school work missed
during the absence. If the student satisfactorily
completes the school work, the day of absence shall be
counted as a day of compulsory attendance and he or she may
not be penalized for that absence.
(Source: P.A. 98-544, eff. 7-1-14; 99-173, eff. 7-29-15;
99-804, eff. 1-1-17.)
(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
(Text of Section before amendment by P.A. 99-927)
Sec. 27-8.1. Health examinations and immunizations.
(1) In compliance with rules and regulations which the
Department of Public Health shall promulgate, and except as
hereinafter provided, all children in Illinois shall have a
health examination as follows: within one year prior to
entering kindergarten or the first grade of any public,
private, or parochial elementary school; upon entering the
sixth and ninth grades of any public, private, or parochial
school; prior to entrance into any public, private, or
parochial nursery school; and, irrespective of grade,
immediately prior to or upon entrance into any public, private,
or parochial school or nursery school, each child shall present
proof of having been examined in accordance with this Section
and the rules and regulations promulgated hereunder. Any child
who received a health examination within one year prior to
entering the fifth grade for the 2007-2008 school year is not
required to receive an additional health examination in order
to comply with the provisions of Public Act 95-422 when he or
she attends school for the 2008-2009 school year, unless the
child is attending school for the first time as provided in
this paragraph.
A tuberculosis skin test screening shall be included as a
required part of each health examination included under this
Section if the child resides in an area designated by the
Department of Public Health as having a high incidence of
tuberculosis. Additional health examinations of pupils,
including eye examinations, may be required when deemed
necessary by school authorities. Parents are encouraged to have
their children undergo eye examinations at the same points in
time required for health examinations.
(1.5) In compliance with rules adopted by the Department of
Public Health and except as otherwise provided in this Section,
all children in kindergarten and the second and sixth grades of
any public, private, or parochial school shall have a dental
examination. Each of these children shall present proof of
having been examined by a dentist in accordance with this
Section and rules adopted under this Section before May 15th of
the school year. If a child in the second or sixth grade fails
to present proof by May 15th, the school may hold the child's
report card until one of the following occurs: (i) the child
presents proof of a completed dental examination or (ii) the
child presents proof that a dental examination will take place
within 60 days after May 15th. The Department of Public Health
shall establish, by rule, a waiver for children who show an
undue burden or a lack of access to a dentist. Each public,
private, and parochial school must give notice of this dental
examination requirement to the parents and guardians of
students at least 60 days before May 15th of each school year.
(1.10) Except as otherwise provided in this Section, all
children enrolling in kindergarten in a public, private, or
parochial school on or after the effective date of this
amendatory Act of the 95th General Assembly and any student
enrolling for the first time in a public, private, or parochial
school on or after the effective date of this amendatory Act of
the 95th General Assembly shall have an eye examination. Each
of these children shall present proof of having been examined
by a physician licensed to practice medicine in all of its
branches or a licensed optometrist within the previous year, in
accordance with this Section and rules adopted under this
Section, before October 15th of the school year. If the child
fails to present proof by October 15th, the school may hold the
child's report card until one of the following occurs: (i) the
child presents proof of a completed eye examination or (ii) the
child presents proof that an eye examination will take place
within 60 days after October 15th. The Department of Public
Health shall establish, by rule, a waiver for children who show
an undue burden or a lack of access to a physician licensed to
practice medicine in all of its branches who provides eye
examinations or to a licensed optometrist. Each public,
private, and parochial school must give notice of this eye
examination requirement to the parents and guardians of
students in compliance with rules of the Department of Public
Health. Nothing in this Section shall be construed to allow a
school to exclude a child from attending because of a parent's
or guardian's failure to obtain an eye examination for the
child.
(2) The Department of Public Health shall promulgate rules
and regulations specifying the examinations and procedures
that constitute a health examination, which shall include the
collection of data relating to obesity (including at a minimum,
date of birth, gender, height, weight, blood pressure, and date
of exam), and a dental examination and may recommend by rule
that certain additional examinations be performed. The rules
and regulations of the Department of Public Health shall
specify that a tuberculosis skin test screening shall be
included as a required part of each health examination included
under this Section if the child resides in an area designated
by the Department of Public Health as having a high incidence
of tuberculosis. The Department of Public Health shall specify
that a diabetes screening as defined by rule shall be included
as a required part of each health examination. Diabetes testing
is not required.
Physicians licensed to practice medicine in all of its
branches, licensed advanced practice registered nurses, or
licensed physician assistants shall be responsible for the
performance of the health examinations, other than dental
examinations, eye examinations, and vision and hearing
screening, and shall sign all report forms required by
subsection (4) of this Section that pertain to those portions
of the health examination for which the physician, advanced
practice registered nurse, or physician assistant is
responsible. If a registered nurse performs any part of a
health examination, then a physician licensed to practice
medicine in all of its branches must review and sign all
required report forms. Licensed dentists shall perform all
dental examinations and shall sign all report forms required by
subsection (4) of this Section that pertain to the dental
examinations. Physicians licensed to practice medicine in all
its branches or licensed optometrists shall perform all eye
examinations required by this Section and shall sign all report
forms required by subsection (4) of this Section that pertain
to the eye examination. For purposes of this Section, an eye
examination shall at a minimum include history, visual acuity,
subjective refraction to best visual acuity near and far,
internal and external examination, and a glaucoma evaluation,
as well as any other tests or observations that in the
professional judgment of the doctor are necessary. Vision and
hearing screening tests, which shall not be considered
examinations as that term is used in this Section, shall be
conducted in accordance with rules and regulations of the
Department of Public Health, and by individuals whom the
Department of Public Health has certified. In these rules and
regulations, the Department of Public Health shall require that
individuals conducting vision screening tests give a child's
parent or guardian written notification, before the vision
screening is conducted, that states, "Vision screening is not a
substitute for a complete eye and vision evaluation by an eye
doctor. Your child is not required to undergo this vision
screening if an optometrist or ophthalmologist has completed
and signed a report form indicating that an examination has
been administered within the previous 12 months."
(3) Every child shall, at or about the same time as he or
she receives a health examination required by subsection (1) of
this Section, present to the local school proof of having
received such immunizations against preventable communicable
diseases as the Department of Public Health shall require by
rules and regulations promulgated pursuant to this Section and
the Communicable Disease Prevention Act.
(4) The individuals conducting the health examination,
dental examination, or eye examination shall record the fact of
having conducted the examination, and such additional
information as required, including for a health examination
data relating to obesity (including at a minimum, date of
birth, gender, height, weight, blood pressure, and date of
exam), on uniform forms which the Department of Public Health
and the State Board of Education shall prescribe for statewide
use. The examiner shall summarize on the report form any
condition that he or she suspects indicates a need for special
services, including for a health examination factors relating
to obesity. The individuals confirming the administration of
required immunizations shall record as indicated on the form
that the immunizations were administered.
(5) If a child does not submit proof of having had either
the health examination or the immunization as required, then
the child shall be examined or receive the immunization, as the
case may be, and present proof by October 15 of the current
school year, or by an earlier date of the current school year
established by a school district. To establish a date before
October 15 of the current school year for the health
examination or immunization as required, a school district must
give notice of the requirements of this Section 60 days prior
to the earlier established date. If for medical reasons one or
more of the required immunizations must be given after October
15 of the current school year, or after an earlier established
date of the current school year, then the child shall present,
by October 15, or by the earlier established date, a schedule
for the administration of the immunizations and a statement of
the medical reasons causing the delay, both the schedule and
the statement being issued by the physician, advanced practice
registered nurse, physician assistant, registered nurse, or
local health department that will be responsible for
administration of the remaining required immunizations. If a
child does not comply by October 15, or by the earlier
established date of the current school year, with the
requirements of this subsection, then the local school
authority shall exclude that child from school until such time
as the child presents proof of having had the health
examination as required and presents proof of having received
those required immunizations which are medically possible to
receive immediately. During a child's exclusion from school for
noncompliance with this subsection, the child's parents or
legal guardian shall be considered in violation of Section 26-1
and subject to any penalty imposed by Section 26-10. This
subsection (5) does not apply to dental examinations and eye
examinations. If the student is an out-of-state transfer
student and does not have the proof required under this
subsection (5) before October 15 of the current year or
whatever date is set by the school district, then he or she may
only attend classes (i) if he or she has proof that an
appointment for the required vaccinations has been scheduled
with a party authorized to submit proof of the required
vaccinations. If the proof of vaccination required under this
subsection (5) is not submitted within 30 days after the
student is permitted to attend classes, then the student is not
to be permitted to attend classes until proof of the
vaccinations has been properly submitted. No school district or
employee of a school district shall be held liable for any
injury or illness to another person that results from admitting
an out-of-state transfer student to class that has an
appointment scheduled pursuant to this subsection (5).
(6) Every school shall report to the State Board of
Education by November 15, in the manner which that agency shall
require, the number of children who have received the necessary
immunizations and the health examination (other than a dental
examination or eye examination) as required, indicating, of
those who have not received the immunizations and examination
as required, the number of children who are exempt from health
examination and immunization requirements on religious or
medical grounds as provided in subsection (8). On or before
December 1 of each year, every public school district and
registered nonpublic school shall make publicly available the
immunization data they are required to submit to the State
Board of Education by November 15. The immunization data made
publicly available must be identical to the data the school
district or school has reported to the State Board of
Education.
Every school shall report to the State Board of Education
by June 30, in the manner that the State Board requires, the
number of children who have received the required dental
examination, indicating, of those who have not received the
required dental examination, the number of children who are
exempt from the dental examination on religious grounds as
provided in subsection (8) of this Section and the number of
children who have received a waiver under subsection (1.5) of
this Section.
Every school shall report to the State Board of Education
by June 30, in the manner that the State Board requires, the
number of children who have received the required eye
examination, indicating, of those who have not received the
required eye examination, the number of children who are exempt
from the eye examination as provided in subsection (8) of this
Section, the number of children who have received a waiver
under subsection (1.10) of this Section, and the total number
of children in noncompliance with the eye examination
requirement.
The reported information under this subsection (6) shall be
provided to the Department of Public Health by the State Board
of Education.
(7) Upon determining that the number of pupils who are
required to be in compliance with subsection (5) of this
Section is below 90% of the number of pupils enrolled in the
school district, 10% of each State aid payment made pursuant to
Section 18-8.05 to the school district for such year may be
withheld by the State Board of Education until the number of
students in compliance with subsection (5) is the applicable
specified percentage or higher.
(8) Children of parents or legal guardians who object to
health, dental, or eye examinations or any part thereof, to
immunizations, or to vision and hearing screening tests on
religious grounds shall not be required to undergo the
examinations, tests, or immunizations to which they so object
if such parents or legal guardians present to the appropriate
local school authority a signed Certificate of Religious
Exemption detailing the grounds for objection and the specific
immunizations, tests, or examinations to which they object. The
grounds for objection must set forth the specific religious
belief that conflicts with the examination, test,
immunization, or other medical intervention. The signed
certificate shall also reflect the parent's or legal guardian's
understanding of the school's exclusion policies in the case of
a vaccine-preventable disease outbreak or exposure. The
certificate must also be signed by the authorized examining
health care provider responsible for the performance of the
child's health examination confirming that the provider
provided education to the parent or legal guardian on the
benefits of immunization and the health risks to the student
and to the community of the communicable diseases for which
immunization is required in this State. However, the health
care provider's signature on the certificate reflects only that
education was provided and does not allow a health care
provider grounds to determine a religious exemption. Those
receiving immunizations required under this Code shall be
provided with the relevant vaccine information statements that
are required to be disseminated by the federal National
Childhood Vaccine Injury Act of 1986, which may contain
information on circumstances when a vaccine should not be
administered, prior to administering a vaccine. A healthcare
provider may consider including without limitation the
nationally accepted recommendations from federal agencies such
as the Advisory Committee on Immunization Practices, the
information outlined in the relevant vaccine information
statement, and vaccine package inserts, along with the
healthcare provider's clinical judgment, to determine whether
any child may be more susceptible to experiencing an adverse
vaccine reaction than the general population, and, if so, the
healthcare provider may exempt the child from an immunization
or adopt an individualized immunization schedule. The
Certificate of Religious Exemption shall be created by the
Department of Public Health and shall be made available and
used by parents and legal guardians by the beginning of the
2015-2016 school year. Parents or legal guardians must submit
the Certificate of Religious Exemption to their local school
authority prior to entering kindergarten, sixth grade, and
ninth grade for each child for which they are requesting an
exemption. The religious objection stated need not be directed
by the tenets of an established religious organization.
However, general philosophical or moral reluctance to allow
physical examinations, eye examinations, immunizations, vision
and hearing screenings, or dental examinations does not provide
a sufficient basis for an exception to statutory requirements.
The local school authority is responsible for determining if
the content of the Certificate of Religious Exemption
constitutes a valid religious objection. The local school
authority shall inform the parent or legal guardian of
exclusion procedures, in accordance with the Department's
rules under Part 690 of Title 77 of the Illinois Administrative
Code, at the time the objection is presented.
If the physical condition of the child is such that any one
or more of the immunizing agents should not be administered,
the examining physician, advanced practice registered nurse,
or physician assistant responsible for the performance of the
health examination shall endorse that fact upon the health
examination form.
Exempting a child from the health, dental, or eye
examination does not exempt the child from participation in the
program of physical education training provided in Sections
27-5 through 27-7 of this Code.
(9) For the purposes of this Section, "nursery schools"
means those nursery schools operated by elementary school
systems or secondary level school units or institutions of
higher learning.
(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
99-249, eff. 8-3-15; 99-642, eff. 7-28-16.)
(Text of Section after amendment by P.A. 99-927)
Sec. 27-8.1. Health examinations and immunizations.
(1) In compliance with rules and regulations which the
Department of Public Health shall promulgate, and except as
hereinafter provided, all children in Illinois shall have a
health examination as follows: within one year prior to
entering kindergarten or the first grade of any public,
private, or parochial elementary school; upon entering the
sixth and ninth grades of any public, private, or parochial
school; prior to entrance into any public, private, or
parochial nursery school; and, irrespective of grade,
immediately prior to or upon entrance into any public, private,
or parochial school or nursery school, each child shall present
proof of having been examined in accordance with this Section
and the rules and regulations promulgated hereunder. Any child
who received a health examination within one year prior to
entering the fifth grade for the 2007-2008 school year is not
required to receive an additional health examination in order
to comply with the provisions of Public Act 95-422 when he or
she attends school for the 2008-2009 school year, unless the
child is attending school for the first time as provided in
this paragraph.
A tuberculosis skin test screening shall be included as a
required part of each health examination included under this
Section if the child resides in an area designated by the
Department of Public Health as having a high incidence of
tuberculosis. Additional health examinations of pupils,
including eye examinations, may be required when deemed
necessary by school authorities. Parents are encouraged to have
their children undergo eye examinations at the same points in
time required for health examinations.
(1.5) In compliance with rules adopted by the Department of
Public Health and except as otherwise provided in this Section,
all children in kindergarten and the second and sixth grades of
any public, private, or parochial school shall have a dental
examination. Each of these children shall present proof of
having been examined by a dentist in accordance with this
Section and rules adopted under this Section before May 15th of
the school year. If a child in the second or sixth grade fails
to present proof by May 15th, the school may hold the child's
report card until one of the following occurs: (i) the child
presents proof of a completed dental examination or (ii) the
child presents proof that a dental examination will take place
within 60 days after May 15th. The Department of Public Health
shall establish, by rule, a waiver for children who show an
undue burden or a lack of access to a dentist. Each public,
private, and parochial school must give notice of this dental
examination requirement to the parents and guardians of
students at least 60 days before May 15th of each school year.
(1.10) Except as otherwise provided in this Section, all
children enrolling in kindergarten in a public, private, or
parochial school on or after the effective date of this
amendatory Act of the 95th General Assembly and any student
enrolling for the first time in a public, private, or parochial
school on or after the effective date of this amendatory Act of
the 95th General Assembly shall have an eye examination. Each
of these children shall present proof of having been examined
by a physician licensed to practice medicine in all of its
branches or a licensed optometrist within the previous year, in
accordance with this Section and rules adopted under this
Section, before October 15th of the school year. If the child
fails to present proof by October 15th, the school may hold the
child's report card until one of the following occurs: (i) the
child presents proof of a completed eye examination or (ii) the
child presents proof that an eye examination will take place
within 60 days after October 15th. The Department of Public
Health shall establish, by rule, a waiver for children who show
an undue burden or a lack of access to a physician licensed to
practice medicine in all of its branches who provides eye
examinations or to a licensed optometrist. Each public,
private, and parochial school must give notice of this eye
examination requirement to the parents and guardians of
students in compliance with rules of the Department of Public
Health. Nothing in this Section shall be construed to allow a
school to exclude a child from attending because of a parent's
or guardian's failure to obtain an eye examination for the
child.
(2) The Department of Public Health shall promulgate rules
and regulations specifying the examinations and procedures
that constitute a health examination, which shall include an
age-appropriate developmental screening, an age-appropriate
social and emotional screening, and the collection of data
relating to obesity (including at a minimum, date of birth,
gender, height, weight, blood pressure, and date of exam), and
a dental examination and may recommend by rule that certain
additional examinations be performed. The rules and
regulations of the Department of Public Health shall specify
that a tuberculosis skin test screening shall be included as a
required part of each health examination included under this
Section if the child resides in an area designated by the
Department of Public Health as having a high incidence of
tuberculosis. With respect to the developmental screening and
the social and emotional screening, the Department of Public
Health must develop rules and appropriate revisions to the
Child Health Examination form in conjunction with a statewide
organization representing school boards; a statewide
organization representing pediatricians; statewide
organizations representing individuals holding Illinois
educator licenses with school support personnel endorsements,
including school social workers, school psychologists, and
school nurses; a statewide organization representing
children's mental health experts; a statewide organization
representing school principals; the Director of Healthcare and
Family Services or his or her designee, the State
Superintendent of Education or his or her designee; and
representatives of other appropriate State agencies and, at a
minimum, must recommend the use of validated screening tools
appropriate to the child's age or grade, and, with regard to
the social and emotional screening, require recording only
whether or not the screening was completed. The rules shall
take into consideration the screening recommendations of the
American Academy of Pediatrics and must be consistent with the
State Board of Education's social and emotional learning
standards. The Department of Public Health shall specify that a
diabetes screening as defined by rule shall be included as a
required part of each health examination. Diabetes testing is
not required.
Physicians licensed to practice medicine in all of its
branches, licensed advanced practice registered nurses, or
licensed physician assistants shall be responsible for the
performance of the health examinations, other than dental
examinations, eye examinations, and vision and hearing
screening, and shall sign all report forms required by
subsection (4) of this Section that pertain to those portions
of the health examination for which the physician, advanced
practice registered nurse, or physician assistant is
responsible. If a registered nurse performs any part of a
health examination, then a physician licensed to practice
medicine in all of its branches must review and sign all
required report forms. Licensed dentists shall perform all
dental examinations and shall sign all report forms required by
subsection (4) of this Section that pertain to the dental
examinations. Physicians licensed to practice medicine in all
its branches or licensed optometrists shall perform all eye
examinations required by this Section and shall sign all report
forms required by subsection (4) of this Section that pertain
to the eye examination. For purposes of this Section, an eye
examination shall at a minimum include history, visual acuity,
subjective refraction to best visual acuity near and far,
internal and external examination, and a glaucoma evaluation,
as well as any other tests or observations that in the
professional judgment of the doctor are necessary. Vision and
hearing screening tests, which shall not be considered
examinations as that term is used in this Section, shall be
conducted in accordance with rules and regulations of the
Department of Public Health, and by individuals whom the
Department of Public Health has certified. In these rules and
regulations, the Department of Public Health shall require that
individuals conducting vision screening tests give a child's
parent or guardian written notification, before the vision
screening is conducted, that states, "Vision screening is not a
substitute for a complete eye and vision evaluation by an eye
doctor. Your child is not required to undergo this vision
screening if an optometrist or ophthalmologist has completed
and signed a report form indicating that an examination has
been administered within the previous 12 months."
(2.5) With respect to the developmental screening and the
social and emotional screening portion of the health
examination, each child may present proof of having been
screened in accordance with this Section and the rules adopted
under this Section before October 15th of the school year. With
regard to the social and emotional screening only, the
examining health care provider shall only record whether or not
the screening was completed. If the child fails to present
proof of the developmental screening or the social and
emotional screening portions of the health examination by
October 15th of the school year, qualified school support
personnel may, with a parent's or guardian's consent, offer the
developmental screening or the social and emotional screening
to the child. Each public, private, and parochial school must
give notice of the developmental screening and social and
emotional screening requirements to the parents and guardians
of students in compliance with the rules of the Department of
Public Health. Nothing in this Section shall be construed to
allow a school to exclude a child from attending because of a
parent's or guardian's failure to obtain a developmental
screening or a social and emotional screening for the child.
Once a developmental screening or a social and emotional
screening is completed and proof has been presented to the
school, the school may, with a parent's or guardian's consent,
make available appropriate school personnel to work with the
parent or guardian, the child, and the provider who signed the
screening form to obtain any appropriate evaluations and
services as indicated on the form and in other information and
documentation provided by the parents, guardians, or provider.
(3) Every child shall, at or about the same time as he or
she receives a health examination required by subsection (1) of
this Section, present to the local school proof of having
received such immunizations against preventable communicable
diseases as the Department of Public Health shall require by
rules and regulations promulgated pursuant to this Section and
the Communicable Disease Prevention Act.
(4) The individuals conducting the health examination,
dental examination, or eye examination shall record the fact of
having conducted the examination, and such additional
information as required, including for a health examination
data relating to obesity (including at a minimum, date of
birth, gender, height, weight, blood pressure, and date of
exam), on uniform forms which the Department of Public Health
and the State Board of Education shall prescribe for statewide
use. The examiner shall summarize on the report form any
condition that he or she suspects indicates a need for special
services, including for a health examination factors relating
to obesity. The duty to summarize on the report form does not
apply to social and emotional screenings. The confidentiality
of the information and records relating to the developmental
screening and the social and emotional screening shall be
determined by the statutes, rules, and professional ethics
governing the type of provider conducting the screening. The
individuals confirming the administration of required
immunizations shall record as indicated on the form that the
immunizations were administered.
(5) If a child does not submit proof of having had either
the health examination or the immunization as required, then
the child shall be examined or receive the immunization, as the
case may be, and present proof by October 15 of the current
school year, or by an earlier date of the current school year
established by a school district. To establish a date before
October 15 of the current school year for the health
examination or immunization as required, a school district must
give notice of the requirements of this Section 60 days prior
to the earlier established date. If for medical reasons one or
more of the required immunizations must be given after October
15 of the current school year, or after an earlier established
date of the current school year, then the child shall present,
by October 15, or by the earlier established date, a schedule
for the administration of the immunizations and a statement of
the medical reasons causing the delay, both the schedule and
the statement being issued by the physician, advanced practice
registered nurse, physician assistant, registered nurse, or
local health department that will be responsible for
administration of the remaining required immunizations. If a
child does not comply by October 15, or by the earlier
established date of the current school year, with the
requirements of this subsection, then the local school
authority shall exclude that child from school until such time
as the child presents proof of having had the health
examination as required and presents proof of having received
those required immunizations which are medically possible to
receive immediately. During a child's exclusion from school for
noncompliance with this subsection, the child's parents or
legal guardian shall be considered in violation of Section 26-1
and subject to any penalty imposed by Section 26-10. This
subsection (5) does not apply to dental examinations, eye
examinations, and the developmental screening and the social
and emotional screening portions of the health examination. If
the student is an out-of-state transfer student and does not
have the proof required under this subsection (5) before
October 15 of the current year or whatever date is set by the
school district, then he or she may only attend classes (i) if
he or she has proof that an appointment for the required
vaccinations has been scheduled with a party authorized to
submit proof of the required vaccinations. If the proof of
vaccination required under this subsection (5) is not submitted
within 30 days after the student is permitted to attend
classes, then the student is not to be permitted to attend
classes until proof of the vaccinations has been properly
submitted. No school district or employee of a school district
shall be held liable for any injury or illness to another
person that results from admitting an out-of-state transfer
student to class that has an appointment scheduled pursuant to
this subsection (5).
(6) Every school shall report to the State Board of
Education by November 15, in the manner which that agency shall
require, the number of children who have received the necessary
immunizations and the health examination (other than a dental
examination or eye examination) as required, indicating, of
those who have not received the immunizations and examination
as required, the number of children who are exempt from health
examination and immunization requirements on religious or
medical grounds as provided in subsection (8). On or before
December 1 of each year, every public school district and
registered nonpublic school shall make publicly available the
immunization data they are required to submit to the State
Board of Education by November 15. The immunization data made
publicly available must be identical to the data the school
district or school has reported to the State Board of
Education.
Every school shall report to the State Board of Education
by June 30, in the manner that the State Board requires, the
number of children who have received the required dental
examination, indicating, of those who have not received the
required dental examination, the number of children who are
exempt from the dental examination on religious grounds as
provided in subsection (8) of this Section and the number of
children who have received a waiver under subsection (1.5) of
this Section.
Every school shall report to the State Board of Education
by June 30, in the manner that the State Board requires, the
number of children who have received the required eye
examination, indicating, of those who have not received the
required eye examination, the number of children who are exempt
from the eye examination as provided in subsection (8) of this
Section, the number of children who have received a waiver
under subsection (1.10) of this Section, and the total number
of children in noncompliance with the eye examination
requirement.
The reported information under this subsection (6) shall be
provided to the Department of Public Health by the State Board
of Education.
(7) Upon determining that the number of pupils who are
required to be in compliance with subsection (5) of this
Section is below 90% of the number of pupils enrolled in the
school district, 10% of each State aid payment made pursuant to
Section 18-8.05 to the school district for such year may be
withheld by the State Board of Education until the number of
students in compliance with subsection (5) is the applicable
specified percentage or higher.
(8) Children of parents or legal guardians who object to
health, dental, or eye examinations or any part thereof, to
immunizations, or to vision and hearing screening tests on
religious grounds shall not be required to undergo the
examinations, tests, or immunizations to which they so object
if such parents or legal guardians present to the appropriate
local school authority a signed Certificate of Religious
Exemption detailing the grounds for objection and the specific
immunizations, tests, or examinations to which they object. The
grounds for objection must set forth the specific religious
belief that conflicts with the examination, test,
immunization, or other medical intervention. The signed
certificate shall also reflect the parent's or legal guardian's
understanding of the school's exclusion policies in the case of
a vaccine-preventable disease outbreak or exposure. The
certificate must also be signed by the authorized examining
health care provider responsible for the performance of the
child's health examination confirming that the provider
provided education to the parent or legal guardian on the
benefits of immunization and the health risks to the student
and to the community of the communicable diseases for which
immunization is required in this State. However, the health
care provider's signature on the certificate reflects only that
education was provided and does not allow a health care
provider grounds to determine a religious exemption. Those
receiving immunizations required under this Code shall be
provided with the relevant vaccine information statements that
are required to be disseminated by the federal National
Childhood Vaccine Injury Act of 1986, which may contain
information on circumstances when a vaccine should not be
administered, prior to administering a vaccine. A healthcare
provider may consider including without limitation the
nationally accepted recommendations from federal agencies such
as the Advisory Committee on Immunization Practices, the
information outlined in the relevant vaccine information
statement, and vaccine package inserts, along with the
healthcare provider's clinical judgment, to determine whether
any child may be more susceptible to experiencing an adverse
vaccine reaction than the general population, and, if so, the
healthcare provider may exempt the child from an immunization
or adopt an individualized immunization schedule. The
Certificate of Religious Exemption shall be created by the
Department of Public Health and shall be made available and
used by parents and legal guardians by the beginning of the
2015-2016 school year. Parents or legal guardians must submit
the Certificate of Religious Exemption to their local school
authority prior to entering kindergarten, sixth grade, and
ninth grade for each child for which they are requesting an
exemption. The religious objection stated need not be directed
by the tenets of an established religious organization.
However, general philosophical or moral reluctance to allow
physical examinations, eye examinations, immunizations, vision
and hearing screenings, or dental examinations does not provide
a sufficient basis for an exception to statutory requirements.
The local school authority is responsible for determining if
the content of the Certificate of Religious Exemption
constitutes a valid religious objection. The local school
authority shall inform the parent or legal guardian of
exclusion procedures, in accordance with the Department's
rules under Part 690 of Title 77 of the Illinois Administrative
Code, at the time the objection is presented.
If the physical condition of the child is such that any one
or more of the immunizing agents should not be administered,
the examining physician, advanced practice registered nurse,
or physician assistant responsible for the performance of the
health examination shall endorse that fact upon the health
examination form.
Exempting a child from the health, dental, or eye
examination does not exempt the child from participation in the
program of physical education training provided in Sections
27-5 through 27-7 of this Code.
(9) For the purposes of this Section, "nursery schools"
means those nursery schools operated by elementary school
systems or secondary level school units or institutions of
higher learning.
(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
99-249, eff. 8-3-15; 99-642, eff. 7-28-16; 99-927, eff.
6-1-17.)
Section 90. The Care of Students with Diabetes Act is
amended by changing Section 10 as follows:
(105 ILCS 145/10)
Sec. 10. Definitions. As used in this Act:
"Delegated care aide" means a school employee who has
agreed to receive training in diabetes care and to assist
students in implementing their diabetes care plan and has
entered into an agreement with a parent or guardian and the
school district or private school.
"Diabetes care plan" means a document that specifies the
diabetes-related services needed by a student at school and at
school-sponsored activities and identifies the appropriate
staff to provide and supervise these services.
"Health care provider" means a physician licensed to
practice medicine in all of its branches, advanced practice
registered nurse who has a written agreement with a
collaborating physician who authorizes the provision of
diabetes care, or a physician assistant who has a written
supervision agreement with a supervising physician who
authorizes the provision of diabetes care.
"Principal" means the principal of the school.
"School" means any primary or secondary public, charter, or
private school located in this State.
"School employee" means a person who is employed by a
public school district or private school, a person who is
employed by a local health department and assigned to a school,
or a person who contracts with a school or school district to
perform services in connection with a student's diabetes care
plan. This definition must not be interpreted as requiring a
school district or private school to hire additional personnel
for the sole purpose of serving as a designated care aide.
(Source: P.A. 96-1485, eff. 12-1-10.)
Section 95. The Nursing Education Scholarship Law is
amended by changing Sections 3, 5, and 6.5 as follows:
(110 ILCS 975/3) (from Ch. 144, par. 2753)
Sec. 3. Definitions.
The following terms, whenever used or referred to, have the
following meanings except where the context clearly indicates
otherwise:
(1) "Board" means the Board of Higher Education created by
the Board of Higher Education Act.
(2) "Department" means the Illinois Department of Public
Health.
(3) "Approved institution" means a public community
college, private junior college, hospital-based diploma in
nursing program, or public or private college or university
located in this State that has approval by the Department of
Professional Regulation for an associate degree in nursing
program, associate degree in applied sciences in nursing
program, hospital-based diploma in nursing program,
baccalaureate degree in nursing program, graduate degree in
nursing program, or certificate in practical nursing program.
(4) "Baccalaureate degree in nursing program" means a
program offered by an approved institution and leading to a
bachelor of science degree in nursing.
(5) "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.
(6) "Academic year" means the period of time from September
1 of one year through August 31 of the next year or as
otherwise defined by the academic institution.
(7) "Associate degree in nursing program or hospital-based
diploma in nursing program" means a program offered by an
approved institution and leading to an associate degree in
nursing, associate degree in applied sciences in nursing, or
hospital-based diploma in nursing.
(8) "Graduate degree in nursing program" means a program
offered by an approved institution and leading to a master of
science degree in nursing or a doctorate of philosophy or
doctorate of nursing degree in nursing.
(9) "Director" means the Director of the Illinois
Department of Public Health.
(10) "Accepted for admission" means a student has completed
the requirements for entry into an associate degree in nursing
program, associate degree in applied sciences in nursing
program, hospital-based diploma in nursing program,
baccalaureate degree in nursing program, graduate degree in
nursing program, or certificate in practical nursing program at
an approved institution, as documented by the institution.
(11) "Fees" means those mandatory charges, in addition to
tuition, that all enrolled students must pay, including
required course or lab fees.
(12) "Full-time student" means a student enrolled for at
least 12 hours per term or as otherwise determined by the
academic institution.
(13) "Law" means the Nursing Education Scholarship Law.
(14) "Nursing employment obligation" means employment in
this State as a registered professional nurse, licensed
practical nurse, or advanced practice registered nurse in
direct patient care for at least one year for each year of
scholarship assistance received through the Nursing Education
Scholarship Program.
(15) "Part-time student" means a person who is enrolled for
at least one-third of the number of hours required per term by
a school for its full-time students.
(16) "Practical nursing program" means a program offered by
an approved institution leading to a certificate in practical
nursing.
(17) "Registered professional nurse" means a person who is
currently licensed as a registered professional nurse by the
Department of Professional Regulation under the Nurse Practice
Act.
(18) "Licensed practical nurse" means a person who is
currently licensed as a licensed practical nurse by the
Department of Professional Regulation under the Nurse Practice
Act.
(19) "School term" means an academic term, such as a
semester, quarter, trimester, or number of clock hours, as
defined by an approved institution.
(20) "Student in good standing" means a student maintaining
a cumulative grade point average equivalent to at least the
academic grade of a "C".
(21) "Total and permanent disability" means a physical or
mental impairment, disease, or loss of a permanent nature that
prevents nursing employment with or without reasonable
accommodation. Proof of disability shall be a declaration from
the social security administration, Illinois Workers'
Compensation Commission, Department of Defense, or an insurer
authorized to transact business in Illinois who is providing
disability insurance coverage to a contractor.
(22) "Tuition" means the established charges of an
institution of higher learning for instruction at that
institution.
(23) "Nurse educator" means a person who is currently
licensed as a registered nurse by the Department of
Professional Regulation under the Nurse Practice Act, who has a
graduate degree in nursing, and who is employed by an approved
academic institution to educate registered nursing students,
licensed practical nursing students, and registered nurses
pursuing graduate degrees.
(24) "Nurse educator employment obligation" means
employment in this State as a nurse educator for at least 2
years for each year of scholarship assistance received under
Section 6.5 of this Law.
Rulemaking authority to implement this amendatory Act of
the 96th General Assembly, if any, is conditioned on the rules
being adopted in accordance with all provisions of the Illinois
Administrative Procedure Act and all rules and procedures of
the Joint Committee on Administrative Rules; any purported rule
not so adopted, for whatever reason, is unauthorized.
(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;
96-805, eff. 10-30-09.)
(110 ILCS 975/5) (from Ch. 144, par. 2755)
Sec. 5. Nursing education scholarships. Beginning with the
fall term of the 2004-2005 academic year, the Department, in
accordance with rules and regulations promulgated by it for
this program, shall provide scholarships to individuals
selected from among those applicants who qualify for
consideration by showing:
(1) that he or she has been a resident of this State
for at least one year prior to application, and is a
citizen or a lawful permanent resident alien of the United
States;
(2) that he or she is enrolled in or accepted for
admission to an associate degree in nursing program,
hospital-based diploma in nursing program, baccalaureate
degree in nursing program, graduate degree in nursing
program, or practical nursing program at an approved
institution; and
(3) that he or she agrees to meet the nursing
employment obligation.
If in any year the number of qualified applicants exceeds
the number of scholarships to be awarded, the Department shall,
in consultation with the Illinois Nursing Workforce Center for
Nursing Advisory Board, consider the following factors in
granting priority in awarding scholarships:
(A) Financial need, as shown on a standardized
financial needs assessment form used by an approved
institution, of students who will pursue their
education on a full-time or close to full-time basis
and who already have a certificate in practical
nursing, a diploma in nursing, or an associate degree
in nursing and are pursuing a higher degree.
(B) A student's status as a registered nurse who is
pursuing a graduate degree in nursing to pursue
employment in an approved institution that educates
licensed practical nurses and that educates registered
nurses in undergraduate and graduate nursing programs.
(C) A student's merit, as shown through his or her
grade point average, class rank, and other academic and
extracurricular activities. The Department may add to
and further define these merit criteria by rule.
Unless otherwise indicated, scholarships shall be awarded
to recipients at approved institutions for a period of up to 2
years if the recipient is enrolled in an associate degree in
nursing program, up to 3 years if the recipient is enrolled in
a hospital-based diploma in nursing program, up to 4 years if
the recipient is enrolled in a baccalaureate degree in nursing
program, up to 5 years if the recipient is enrolled in a
graduate degree in nursing program, and up to one year if the
recipient is enrolled in a certificate in practical nursing
program. At least 40% of the scholarships awarded shall be for
recipients who are pursuing baccalaureate degrees in nursing,
30% of the scholarships awarded shall be for recipients who are
pursuing associate degrees in nursing or a diploma in nursing,
10% of the scholarships awarded shall be for recipients who are
pursuing a certificate in practical nursing, and 20% of the
scholarships awarded shall be for recipients who are pursuing a
graduate degree in nursing.
(Source: P.A. 93-879, eff. 1-1-05; 94-1020, eff. 7-11-06.)
(110 ILCS 975/6.5)
Sec. 6.5. Nurse educator scholarships.
(a) Beginning with the fall term of the 2009-2010 academic
year, the Department shall provide scholarships to individuals
selected from among those applicants who qualify for
consideration by showing the following:
(1) that he or she has been a resident of this State
for at least one year prior to application and is a citizen
or a lawful permanent resident alien of the United States;
(2) that he or she is enrolled in or accepted for
admission to a graduate degree in nursing program at an
approved institution; and
(3) that he or she agrees to meet the nurse educator
employment obligation.
(b) If in any year the number of qualified applicants
exceeds the number of scholarships to be awarded under this
Section, the Department shall, in consultation with the
Illinois Nursing Workforce Center for Nursing Advisory Board,
consider the following factors in granting priority in awarding
scholarships:
(1) Financial need, as shown on a standardized
financial needs assessment form used by an approved
institution, of students who will pursue their education on
a full-time or close to full-time basis and who already
have a diploma in nursing and are pursuing a higher degree.
(2) A student's status as a registered nurse who is
pursuing a graduate degree in nursing to pursue employment
in an approved institution that educates licensed
practical nurses and that educates registered nurses in
undergraduate and graduate nursing programs.
(3) A student's merit, as shown through his or her
grade point average, class rank, experience as a nurse,
including supervisory experience, experience as a nurse in
the United States military, and other academic and
extracurricular activities.
(c) Unless otherwise indicated, scholarships under this
Section shall be awarded to recipients at approved institutions
for a period of up to 3 years.
(d) Within 12 months after graduation from a graduate
degree in nursing program for nurse educators, any recipient
who accepted a scholarship under this Section shall begin
meeting the required nurse educator employment obligation. In
order to defer his or her continuous employment obligation, a
recipient must request the deferment in writing from the
Department. A recipient shall receive a deferment if he or she
notifies the Department, within 30 days after enlisting, that
he or she is spending up to 4 years in military service. A
recipient shall receive a deferment if he or she notifies the
Department, within 30 days after enrolling, that he or she is
enrolled in an academic program leading to a graduate degree in
nursing. The recipient must begin meeting the required nurse
educator employment obligation no later than 6 months after the
end of the deferment or deferments.
Any person who fails to fulfill the nurse educator
employment obligation shall pay to the Department an amount
equal to the amount of scholarship funds received per year for
each unfulfilled year of the nurse educator employment
obligation, together with interest at 7% per year on the unpaid
balance. Payment must begin within 6 months following the date
of the occurrence initiating the repayment. All repayments must
be completed within 6 years from the date of the occurrence
initiating the repayment. However, this repayment obligation
may be deferred and re-evaluated every 6 months when the
failure to fulfill the nurse educator employment obligation
results from involuntarily leaving the profession due to a
decrease in the number of nurses employed in this State or when
the failure to fulfill the nurse educator employment obligation
results from total and permanent disability. The repayment
obligation shall be excused if the failure to fulfill the nurse
educator employment obligation results 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.
The Department may allow a nurse educator employment
obligation fulfillment alternative if the nurse educator
scholarship recipient is unsuccessful in finding work as a
nurse educator. The Department shall maintain a database of all
available nurse educator positions in this State.
(e) Each person applying for a scholarship under this
Section must be provided with a copy of this Section at the
time of application for the benefits of this scholarship.
(f) Rulemaking authority to implement this amendatory Act
of the 96th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of the
Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is
unauthorized.
(Source: P.A. 96-805, eff. 10-30-09.)
Section 100. The Ambulatory Surgical Treatment Center Act
is amended by changing Section 6.5 as follows:
(210 ILCS 5/6.5)
Sec. 6.5. Clinical privileges; advanced practice
registered nurses. All ambulatory surgical treatment centers
(ASTC) licensed under this Act shall comply with the following
requirements:
(1) No ASTC policy, rule, regulation, or practice shall
be inconsistent with the provision of adequate
collaboration and consultation in accordance with Section
54.5 of the Medical Practice Act of 1987.
(2) Operative surgical procedures shall be performed
only by a physician licensed to practice medicine in all
its branches under the Medical Practice Act of 1987, a
dentist licensed under the Illinois Dental Practice Act, or
a podiatric physician licensed under the Podiatric Medical
Practice Act of 1987, with medical staff membership and
surgical clinical privileges granted by the consulting
committee of the ASTC. A licensed physician, dentist, or
podiatric physician may be assisted by a physician licensed
to practice medicine in all its branches, dentist, dental
assistant, podiatric physician, licensed advanced practice
registered nurse, licensed physician assistant, licensed
registered nurse, licensed practical nurse, surgical
assistant, surgical technician, or other individuals
granted clinical privileges to assist in surgery by the
consulting committee of the ASTC. Payment for services
rendered by an assistant in surgery who is not an
ambulatory surgical treatment center employee shall be
paid at the appropriate non-physician modifier rate if the
payor would have made payment had the same services been
provided by a physician.
(2.5) A registered nurse licensed under the Nurse
Practice Act and qualified by training and experience in
operating room nursing shall be present in the operating
room and function as the circulating nurse during all
invasive or operative procedures. For purposes of this
paragraph (2.5), "circulating nurse" means a registered
nurse who is responsible for coordinating all nursing care,
patient safety needs, and the needs of the surgical team in
the operating room during an invasive or operative
procedure.
(3) An advanced practice registered nurse is not
required to possess prescriptive authority or a written
collaborative agreement meeting the requirements of the
Nurse Practice Act to provide advanced practice registered
nursing services in an ambulatory surgical treatment
center. An advanced practice registered nurse must possess
clinical privileges granted by the consulting medical
staff committee and ambulatory surgical treatment center
in order to provide services. Individual advanced practice
registered nurses may also be granted clinical privileges
to order, select, and administer medications, including
controlled substances, to provide delineated care. The
attending physician must determine the advanced practice
registered nurse's role in providing care for his or her
patients, except as otherwise provided in the consulting
staff policies. The consulting medical staff committee
shall periodically review the services of advanced
practice registered nurses granted privileges.
(4) The anesthesia service shall be under the direction
of a physician licensed to practice medicine in all its
branches who has had specialized preparation or experience
in the area or who has completed a residency in
anesthesiology. An anesthesiologist, Board certified or
Board eligible, is recommended. Anesthesia services may
only be administered pursuant to the order of a physician
licensed to practice medicine in all its branches, licensed
dentist, or licensed podiatric physician.
(A) The individuals who, with clinical privileges
granted by the medical staff and ASTC, may administer
anesthesia services are limited to the following:
(i) an anesthesiologist; or
(ii) a physician licensed to practice medicine
in all its branches; or
(iii) a dentist with authority to administer
anesthesia under Section 8.1 of the Illinois
Dental Practice Act; or
(iv) a licensed certified registered nurse
anesthetist; or
(v) a podiatric physician licensed under the
Podiatric Medical Practice Act of 1987.
(B) For anesthesia services, an anesthesiologist
shall participate through discussion of and agreement
with the anesthesia plan and shall remain physically
present and be available on the premises during the
delivery of anesthesia services for diagnosis,
consultation, and treatment of emergency medical
conditions. In the absence of 24-hour availability of
anesthesiologists with clinical privileges, an
alternate policy (requiring participation, presence,
and availability of a physician licensed to practice
medicine in all its branches) shall be developed by the
medical staff consulting committee in consultation
with the anesthesia service and included in the medical
staff consulting committee policies.
(C) A certified registered nurse anesthetist is
not required to possess prescriptive authority or a
written collaborative agreement meeting the
requirements of Section 65-35 of the Nurse Practice Act
to provide anesthesia services ordered by a licensed
physician, dentist, or podiatric physician. Licensed
certified registered nurse anesthetists are authorized
to select, order, and administer drugs and apply the
appropriate medical devices in the provision of
anesthesia services under the anesthesia plan agreed
with by the anesthesiologist or, in the absence of an
available anesthesiologist with clinical privileges,
agreed with by the operating physician, operating
dentist, or operating podiatric physician in
accordance with the medical staff consulting committee
policies of a licensed ambulatory surgical treatment
center.
(Source: P.A. 98-214, eff. 8-9-13; 99-642, eff. 7-28-16.)
Section 105. The Assisted Living and Shared Housing Act is
amended by changing Section 10 as follows:
(210 ILCS 9/10)
Sec. 10. Definitions. For purposes of this Act:
"Activities of daily living" means eating, dressing,
bathing, toileting, transferring, or personal hygiene.
"Assisted living establishment" or "establishment" means a
home, building, residence, or any other place where sleeping
accommodations are provided for at least 3 unrelated adults, at
least 80% of whom are 55 years of age or older and where the
following are provided consistent with the purposes of this
Act:
(1) services consistent with a social model that is
based on the premise that the resident's unit in assisted
living and shared housing is his or her own home;
(2) community-based residential care for persons who
need assistance with activities of daily living, including
personal, supportive, and intermittent health-related
services available 24 hours per day, if needed, to meet the
scheduled and unscheduled needs of a resident;
(3) mandatory services, whether provided directly by
the establishment or by another entity arranged for by the
establishment, with the consent of the resident or
resident's representative; and
(4) a physical environment that is a homelike setting
that includes the following and such other elements as
established by the Department: individual living units
each of which shall accommodate small kitchen appliances
and contain private bathing, washing, and toilet
facilities, or private washing and toilet facilities with a
common bathing room readily accessible to each resident.
Units shall be maintained for single occupancy except in
cases in which 2 residents choose to share a unit.
Sufficient common space shall exist to permit individual
and group activities.
"Assisted living establishment" or "establishment" does
not mean any of the following:
(1) A home, institution, or similar place operated by
the federal government or the State of Illinois.
(2) A long term care facility licensed under the
Nursing Home Care Act, a facility licensed under the
Specialized Mental Health Rehabilitation Act of 2013, a
facility licensed under the ID/DD Community Care Act, or a
facility licensed under the MC/DD Act. However, a facility
licensed under any of those Acts may convert distinct parts
of the facility to assisted living. If the facility elects
to do so, the facility shall retain the Certificate of Need
for its nursing and sheltered care beds that were
converted.
(3) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis,
care, and treatment of human illness and that is required
to be licensed under the Hospital Licensing Act.
(4) A facility for child care as defined in the Child
Care Act of 1969.
(5) A community living facility as defined in the
Community Living Facilities Licensing Act.
(6) A nursing home or sanitarium operated solely by and
for persons who rely exclusively upon treatment by
spiritual means through prayer in accordance with the creed
or tenants of a well-recognized church or religious
denomination.
(7) A facility licensed by the Department of Human
Services as a community-integrated living arrangement as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act.
(8) A supportive residence licensed under the
Supportive Residences Licensing Act.
(9) The portion of a life care facility as defined in
the Life Care Facilities Act not licensed as an assisted
living establishment under this Act; a life care facility
may apply under this Act to convert sections of the
community to assisted living.
(10) A free-standing hospice facility licensed under
the Hospice Program Licensing Act.
(11) A shared housing establishment.
(12) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Emergency situation" means imminent danger of death or
serious physical harm to a resident of an establishment.
"License" means any of the following types of licenses
issued to an applicant or licensee by the Department:
(1) "Probationary license" means a license issued to an
applicant or licensee that has not held a license under
this Act prior to its application or pursuant to a license
transfer in accordance with Section 50 of this Act.
(2) "Regular license" means a license issued by the
Department to an applicant or licensee that is in
substantial compliance with this Act and any rules
promulgated under this Act.
"Licensee" means a person, agency, association,
corporation, partnership, or organization that has been issued
a license to operate an assisted living or shared housing
establishment.
"Licensed health care professional" means a registered
professional nurse, an advanced practice registered nurse, a
physician assistant, and a licensed practical nurse.
"Mandatory services" include the following:
(1) 3 meals per day available to the residents prepared
by the establishment or an outside contractor;
(2) housekeeping services including, but not limited
to, vacuuming, dusting, and cleaning the resident's unit;
(3) personal laundry and linen services available to
the residents provided or arranged for by the
establishment;
(4) security provided 24 hours each day including, but
not limited to, locked entrances or building or contract
security personnel;
(5) an emergency communication response system, which
is a procedure in place 24 hours each day by which a
resident can notify building management, an emergency
response vendor, or others able to respond to his or her
need for assistance; and
(6) assistance with activities of daily living as
required by each resident.
"Negotiated risk" is the process by which a resident, or
his or her representative, may formally negotiate with
providers what risks each are willing and unwilling to assume
in service provision and the resident's living environment. The
provider assures that the resident and the resident's
representative, if any, are informed of the risks of these
decisions and of the potential consequences of assuming these
risks.
"Owner" means the individual, partnership, corporation,
association, or other person who owns an assisted living or
shared housing establishment. In the event an assisted living
or shared housing establishment is operated by a person who
leases or manages the physical plant, which is owned by another
person, "owner" means the person who operates the assisted
living or shared housing establishment, except that if the
person who owns the physical plant is an affiliate of the
person who operates the assisted living or shared housing
establishment and has significant control over the day to day
operations of the assisted living or shared housing
establishment, the person who owns the physical plant shall
incur jointly and severally with the owner all liabilities
imposed on an owner under this Act.
"Physician" means a person licensed under the Medical
Practice Act of 1987 to practice medicine in all of its
branches.
"Resident" means a person residing in an assisted living or
shared housing establishment.
"Resident's representative" means a person, other than the
owner, agent, or employee of an establishment or of the health
care provider unless related to the resident, designated in
writing by a resident to be his or her representative. This
designation may be accomplished through the Illinois Power of
Attorney Act, pursuant to the guardianship process under the
Probate Act of 1975, or pursuant to an executed designation of
representative form specified by the Department.
"Self" means the individual or the individual's designated
representative.
"Shared housing establishment" or "establishment" means a
publicly or privately operated free-standing residence for 16
or fewer persons, at least 80% of whom are 55 years of age or
older and who are unrelated to the owners and one manager of
the residence, where the following are provided:
(1) services consistent with a social model that is
based on the premise that the resident's unit is his or her
own home;
(2) community-based residential care for persons who
need assistance with activities of daily living, including
housing and personal, supportive, and intermittent
health-related services available 24 hours per day, if
needed, to meet the scheduled and unscheduled needs of a
resident; and
(3) mandatory services, whether provided directly by
the establishment or by another entity arranged for by the
establishment, with the consent of the resident or the
resident's representative.
"Shared housing establishment" or "establishment" does not
mean any of the following:
(1) A home, institution, or similar place operated by
the federal government or the State of Illinois.
(2) A long term care facility licensed under the
Nursing Home Care Act, a facility licensed under the
Specialized Mental Health Rehabilitation Act of 2013, a
facility licensed under the ID/DD Community Care Act, or a
facility licensed under the MC/DD Act. A facility licensed
under any of those Acts may, however, convert sections of
the facility to assisted living. If the facility elects to
do so, the facility shall retain the Certificate of Need
for its nursing beds that were converted.
(3) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis,
care, and treatment of human illness and that is required
to be licensed under the Hospital Licensing Act.
(4) A facility for child care as defined in the Child
Care Act of 1969.
(5) A community living facility as defined in the
Community Living Facilities Licensing Act.
(6) A nursing home or sanitarium operated solely by and
for persons who rely exclusively upon treatment by
spiritual means through prayer in accordance with the creed
or tenants of a well-recognized church or religious
denomination.
(7) A facility licensed by the Department of Human
Services as a community-integrated living arrangement as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act.
(8) A supportive residence licensed under the
Supportive Residences Licensing Act.
(9) A life care facility as defined in the Life Care
Facilities Act; a life care facility may apply under this
Act to convert sections of the community to assisted
living.
(10) A free-standing hospice facility licensed under
the Hospice Program Licensing Act.
(11) An assisted living establishment.
(12) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
"Total assistance" means that staff or another individual
performs the entire activity of daily living without
participation by the resident.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
Section 110. 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
podiatric physician, (iv) a licensed optometrist, (v) a
licensed physician assistant, (v-A) a licensed advanced
practice registered nurse, (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,
or (vii) a genetic counselor with the specific authority from a
referral to order a test or tests pursuant to subsection (b) of
Section 20 of the Genetic Counselor Licensing Act. 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. For purposes of this Section, a request made by
electronic mail or fax constitutes a written request.
(Source: P.A. 98-185, eff. 1-1-14; 98-214, eff. 8-9-13; 98-756,
eff. 7-16-14; 98-767, eff. 1-1-15; 99-173, eff. 7-29-15.)
Section 115. The Nursing Home Care Act is amended by
changing Section 3-206.05 as follows:
(210 ILCS 45/3-206.05)
Sec. 3-206.05. Safe resident handling policy.
(a) In this Section:
"Health care worker" means an individual providing direct
resident care services who may be required to lift, transfer,
reposition, or move a resident.
"Nurse" means an advanced practice registered nurse, a
registered nurse, or a licensed practical nurse licensed under
the Nurse Practice Act.
"Safe lifting equipment and accessories" means mechanical
equipment designed to lift, move, reposition, and transfer
residents, including, but not limited to, fixed and portable
ceiling lifts, sit-to-stand lifts, slide sheets and boards,
slings, and repositioning and turning sheets.
"Safe lifting team" means at least 2 individuals who are
trained and proficient in the use of both safe lifting
techniques and safe lifting equipment and accessories.
"Adjustable equipment" means products and devices that may
be adapted for use by individuals with physical and other
disabilities in order to optimize accessibility. Adjustable
equipment includes, but is not limited to, the following:
(1) Wheelchairs with adjustable footrest height and
seat width and depth.
(2) Height-adjustable, drop-arm commode chairs and
height-adjustable shower gurneys or shower benches to
enable individuals with mobility disabilities to use a
toilet and to shower safely and with increased comfort.
(3) Accessible weight scales that accommodate
wheelchair users.
(4) Height-adjustable beds that can be lowered to
accommodate individuals with mobility disabilities in
getting in and out of bed and that utilize drop-down side
railings for stability and positioning support.
(5) Universally designed or adaptable call buttons and
motorized bed position and height controls that can be
operated by persons with limited or no reach range, fine
motor ability, or vision.
(6) Height-adjustable platform tables for physical
therapy with drop-down side railings for stability and
positioning support.
(7) Therapeutic rehabilitation and exercise machines
with foot straps to secure the user's feet to the pedals
and with cuffs or splints to augment the user's grip
strength on handles.
(b) A facility must adopt and ensure implementation of a
policy to identify, assess, and develop strategies to control
risk of injury to residents and nurses and other health care
workers associated with the lifting, transferring,
repositioning, or movement of a resident. The policy shall
establish a process that, at a minimum, includes all of the
following:
(1) Analysis of the risk of injury to residents and
nurses and other health care workers taking into account
the resident handling needs of the resident populations
served by the facility and the physical environment in
which the resident handling and movement occurs.
(2) Education and training of nurses and other direct
resident care providers in the identification, assessment,
and control of risks of injury to residents and nurses and
other health care workers during resident handling and on
safe lifting policies and techniques and current lifting
equipment.
(3) Evaluation of alternative ways to reduce risks
associated with resident handling, including evaluation of
equipment and the environment.
(4) Restriction, to the extent feasible with existing
equipment and aids, of manual resident handling or movement
of all or most of a resident's weight except for emergency,
life-threatening, or otherwise exceptional circumstances.
(5) Procedures for a nurse to refuse to perform or be
involved in resident handling or movement that the nurse in
good faith believes will expose a resident or nurse or
other health care worker to an unacceptable risk of injury.
(6) Development of strategies to control risk of injury
to residents and nurses and other health care workers
associated with the lifting, transferring, repositioning,
or movement of a resident.
(7) In developing architectural plans for construction
or remodeling of a facility or unit of a facility in which
resident handling and movement occurs, consideration of
the feasibility of incorporating resident handling
equipment or the physical space and construction design
needed to incorporate that equipment.
(8) Fostering and maintaining resident safety,
dignity, self-determination, and choice, including the
following policies, strategies, and procedures:
(A) The existence and availability of a trained
safe lifting team.
(B) A policy of advising residents of a range of
transfer and lift options, including adjustable
diagnostic and treatment equipment, mechanical lifts,
and provision of a trained safe lifting team.
(C) The right of a competent resident, or the
guardian of a resident adjudicated incompetent, to
choose among the range of transfer and lift options
consistent with the procedures set forth under
subdivision (b)(5) and the policies set forth under
this paragraph (8), subject to the provisions of
subparagraph (E) of this paragraph (8).
(D) Procedures for documenting, upon admission and
as status changes, a mobility assessment and plan for
lifting, transferring, repositioning, or movement of a
resident, including the choice of the resident or the
resident's guardian among the range of transfer and
lift options.
(E) Incorporation of such safe lifting procedures,
techniques, and equipment as are consistent with
applicable federal law.
(c) Safe lifting teams must receive specialized, in-depth
training that includes, but need not be limited to, the
following:
(1) Types and operation of equipment.
(2) Safe manual lifting and moving techniques.
(3) Ergonomic principles in the assessment of risk both
to nurses and other workers and to residents.
(4) The selection, safe use, location, and condition of
appropriate pieces of equipment individualized to each
resident's medical and physical conditions and
preferences.
(5) Procedures for advising residents of the full range
of transfer and lift options and for documenting
individualized lifting plans that include resident choice.
Specialized, in-depth training may rely on federal
standards and guidelines such as the United States Department
of Labor Guidelines for Nursing Homes, supplemented by federal
requirements for barrier removal, independent access, and
means of accommodation optimizing independent movement and
transfer.
(Source: P.A. 96-389, eff. 1-1-10; 97-866, eff. 1-1-13.)
Section 120. The Emergency Medical Services (EMS) Systems
Act is amended by changing Sections 3.10 and 3.117 as follows:
(210 ILCS 50/3.10)
Sec. 3.10. Scope of Services.
(a) "Advanced Life Support (ALS) Services" means an
advanced level of pre-hospital and inter-hospital emergency
care and non-emergency medical services that includes basic
life support care, cardiac monitoring, cardiac defibrillation,
electrocardiography, intravenous therapy, administration of
medications, drugs and solutions, use of adjunctive medical
devices, trauma care, and other authorized techniques and
procedures, as outlined in the provisions of the National EMS
Education Standards relating to Advanced Life Support and any
modifications to that curriculum specified in rules adopted by
the Department pursuant to this Act.
That care shall be initiated as authorized by the EMS
Medical Director in a Department approved advanced life support
EMS System, under the written or verbal direction of a
physician licensed to practice medicine in all of its branches
or under the verbal direction of an Emergency Communications
Registered Nurse.
(b) "Intermediate Life Support (ILS) Services" means an
intermediate level of pre-hospital and inter-hospital
emergency care and non-emergency medical services that
includes basic life support care plus intravenous cannulation
and fluid therapy, invasive airway management, trauma care, and
other authorized techniques and procedures, as outlined in the
Intermediate Life Support national curriculum of the United
States Department of Transportation and any modifications to
that curriculum specified in rules adopted by the Department
pursuant to this Act.
That care shall be initiated as authorized by the EMS
Medical Director in a Department approved intermediate or
advanced life support EMS System, under the written or verbal
direction of a physician licensed to practice medicine in all
of its branches or under the verbal direction of an Emergency
Communications Registered Nurse.
(c) "Basic Life Support (BLS) Services" means a basic level
of pre-hospital and inter-hospital emergency care and
non-emergency medical services that includes medical
monitoring, clinical observation, airway management,
cardiopulmonary resuscitation (CPR), control of shock and
bleeding and splinting of fractures, as outlined in the
provisions of the National EMS Education Standards relating to
Basic Life Support and any modifications to that curriculum
specified in rules adopted by the Department pursuant to this
Act.
That care shall be initiated, where authorized by the EMS
Medical Director in a Department approved EMS System, under the
written or verbal direction of a physician licensed to practice
medicine in all of its branches or under the verbal direction
of an Emergency Communications Registered Nurse.
(d) "Emergency Medical Responder Services" means a
preliminary level of pre-hospital emergency care that includes
cardiopulmonary resuscitation (CPR), monitoring vital signs
and control of bleeding, as outlined in the Emergency Medical
Responder (EMR) curriculum of the National EMS Education
Standards and any modifications to that curriculum specified in
rules adopted by the Department pursuant to this Act.
(e) "Pre-hospital care" means those medical services
rendered to patients for analytic, resuscitative, stabilizing,
or preventive purposes, precedent to and during transportation
of such patients to health care facilities.
(f) "Inter-hospital care" means those medical services
rendered to patients for analytic, resuscitative, stabilizing,
or preventive purposes, during transportation of such patients
from one hospital to another hospital.
(f-5) "Critical care transport" means the pre-hospital or
inter-hospital transportation of a critically injured or ill
patient by a vehicle service provider, including the provision
of medically necessary supplies and services, at a level of
service beyond the scope of the Paramedic. When medically
indicated for a patient, as determined by a physician licensed
to practice medicine in all of its branches, an advanced
practice registered nurse, or a physician's assistant, in
compliance with subsections (b) and (c) of Section 3.155 of
this Act, critical care transport may be provided by:
(1) Department-approved critical care transport
providers, not owned or operated by a hospital, utilizing
Paramedics with additional training, nurses, or other
qualified health professionals; or
(2) Hospitals, when utilizing any vehicle service
provider or any hospital-owned or operated vehicle service
provider. Nothing in Public Act 96-1469 requires a hospital
to use, or to be, a Department-approved critical care
transport provider when transporting patients, including
those critically injured or ill. Nothing in this Act shall
restrict or prohibit a hospital from providing, or
arranging for, the medically appropriate transport of any
patient, as determined by a physician licensed to practice
in all of its branches, an advanced practice registered
nurse, or a physician's assistant.
(g) "Non-emergency medical services" means medical care,
clinical observation, or medical monitoring rendered to
patients whose conditions do not meet this Act's definition of
emergency, before or during transportation of such patients to
or from health care facilities visited for the purpose of
obtaining medical or health care services which are not
emergency in nature, using a vehicle regulated by this Act.
(g-5) The Department shall have the authority to promulgate
minimum standards for critical care transport providers
through rules adopted pursuant to this Act. All critical care
transport providers must function within a Department-approved
EMS System. Nothing in Department rules shall restrict a
hospital's ability to furnish personnel, equipment, and
medical supplies to any vehicle service provider, including a
critical care transport provider. Minimum critical care
transport provider standards shall include, but are not limited
to:
(1) Personnel staffing and licensure.
(2) Education, certification, and experience.
(3) Medical equipment and supplies.
(4) Vehicular standards.
(5) Treatment and transport protocols.
(6) Quality assurance and data collection.
(h) The provisions of this Act shall not apply to the use
of an ambulance or SEMSV, unless and until emergency or
non-emergency medical services are needed during the use of the
ambulance or SEMSV.
(Source: P.A. 98-973, eff. 8-15-14; 99-661, eff. 1-1-17.)
(210 ILCS 50/3.117)
Sec. 3.117. Hospital Designations.
(a) The Department shall attempt to designate Primary
Stroke Centers in all areas of the State.
(1) The Department shall designate as many certified
Primary Stroke Centers as apply for that designation
provided they are certified by a nationally-recognized
certifying body, approved by the Department, and
certification criteria are consistent with the most
current nationally-recognized, evidence-based stroke
guidelines related to reducing the occurrence,
disabilities, and death associated with stroke.
(2) A hospital certified as a Primary Stroke Center by
a nationally-recognized certifying body approved by the
Department, shall send a copy of the Certificate and annual
fee to the Department and shall be deemed, within 30
business days of its receipt by the Department, to be a
State-designated Primary Stroke Center.
(3) A center designated as a Primary Stroke Center
shall pay an annual fee as determined by the Department
that shall be no less than $100 and no greater than $500.
All fees shall be deposited into the Stroke Data Collection
Fund.
(3.5) With respect to a hospital that is a designated
Primary Stroke Center, the Department shall have the
authority and responsibility to do the following:
(A) Suspend or revoke a hospital's Primary Stroke
Center designation upon receiving notice that the
hospital's Primary Stroke Center certification has
lapsed or has been revoked by the State recognized
certifying body.
(B) Suspend a hospital's Primary Stroke Center
designation, in extreme circumstances where patients
may be at risk for immediate harm or death, until such
time as the certifying body investigates and makes a
final determination regarding certification.
(C) Restore any previously suspended or revoked
Department designation upon notice to the Department
that the certifying body has confirmed or restored the
Primary Stroke Center certification of that previously
designated hospital.
(D) Suspend a hospital's Primary Stroke Center
designation at the request of a hospital seeking to
suspend its own Department designation.
(4) Primary Stroke Center designation shall remain
valid at all times while the hospital maintains its
certification as a Primary Stroke Center, in good standing,
with the certifying body. The duration of a Primary Stroke
Center designation shall coincide with the duration of its
Primary Stroke Center certification. Each designated
Primary Stroke Center shall have its designation
automatically renewed upon the Department's receipt of a
copy of the accrediting body's certification renewal.
(5) A hospital that no longer meets
nationally-recognized, evidence-based standards for
Primary Stroke Centers, or loses its Primary Stroke Center
certification, shall notify the Department and the
Regional EMS Advisory Committee within 5 business days.
(a-5) The Department shall attempt to designate
Comprehensive Stroke Centers in all areas of the State.
(1) The Department shall designate as many certified
Comprehensive Stroke Centers as apply for that
designation, provided that the Comprehensive Stroke
Centers are certified by a nationally-recognized
certifying body approved by the Department, and provided
that the certifying body's certification criteria are
consistent with the most current nationally-recognized and
evidence-based stroke guidelines for reducing the
occurrence of stroke and the disabilities and death
associated with stroke.
(2) A hospital certified as a Comprehensive Stroke
Center shall send a copy of the Certificate and annual fee
to the Department and shall be deemed, within 30 business
days of its receipt by the Department, to be a
State-designated Comprehensive Stroke Center.
(3) A hospital designated as a Comprehensive Stroke
Center shall pay an annual fee as determined by the
Department that shall be no less than $100 and no greater
than $500. All fees shall be deposited into the Stroke Data
Collection Fund.
(4) With respect to a hospital that is a designated
Comprehensive Stroke Center, the Department shall have the
authority and responsibility to do the following:
(A) Suspend or revoke the hospital's Comprehensive
Stroke Center designation upon receiving notice that
the hospital's Comprehensive Stroke Center
certification has lapsed or has been revoked by the
State recognized certifying body.
(B) Suspend the hospital's Comprehensive Stroke
Center designation, in extreme circumstances in which
patients may be at risk for immediate harm or death,
until such time as the certifying body investigates and
makes a final determination regarding certification.
(C) Restore any previously suspended or revoked
Department designation upon notice to the Department
that the certifying body has confirmed or restored the
Comprehensive Stroke Center certification of that
previously designated hospital.
(D) Suspend the hospital's Comprehensive Stroke
Center designation at the request of a hospital seeking
to suspend its own Department designation.
(5) Comprehensive Stroke Center designation shall
remain valid at all times while the hospital maintains its
certification as a Comprehensive Stroke Center, in good
standing, with the certifying body. The duration of a
Comprehensive Stroke Center designation shall coincide
with the duration of its Comprehensive Stroke Center
certification. Each designated Comprehensive Stroke Center
shall have its designation automatically renewed upon the
Department's receipt of a copy of the certifying body's
certification renewal.
(6) A hospital that no longer meets
nationally-recognized, evidence-based standards for
Comprehensive Stroke Centers, or loses its Comprehensive
Stroke Center certification, shall notify the Department
and the Regional EMS Advisory Committee within 5 business
days.
(b) Beginning on the first day of the month that begins 12
months after the adoption of rules authorized by this
subsection, the Department shall attempt to designate
hospitals as Acute Stroke-Ready Hospitals in all areas of the
State. Designation may be approved by the Department after a
hospital has been certified as an Acute Stroke-Ready Hospital
or through application and designation by the Department. For
any hospital that is designated as an Emergent Stroke Ready
Hospital at the time that the Department begins the designation
of Acute Stroke-Ready Hospitals, the Emergent Stroke Ready
designation shall remain intact for the duration of the
12-month period until that designation expires. Until the
Department begins the designation of hospitals as Acute
Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke
Ready Hospital designation utilizing the processes and
criteria provided in Public Act 96-514.
(1) (Blank).
(2) Hospitals may apply for, and receive, Acute
Stroke-Ready Hospital designation from the Department,
provided that the hospital attests, on a form developed by
the Department in consultation with the State Stroke
Advisory Subcommittee, that it meets, and will continue to
meet, the criteria for Acute Stroke-Ready Hospital
designation and pays an annual fee.
A hospital designated as an Acute Stroke-Ready
Hospital shall pay an annual fee as determined by the
Department that shall be no less than $100 and no greater
than $500. All fees shall be deposited into the Stroke Data
Collection Fund.
(2.5) A hospital may apply for, and receive, Acute
Stroke-Ready Hospital designation from the Department,
provided that the hospital provides proof of current Acute
Stroke-Ready Hospital certification and the hospital pays
an annual fee.
(A) Acute Stroke-Ready Hospital designation shall
remain valid at all times while the hospital maintains
its certification as an Acute Stroke-Ready Hospital,
in good standing, with the certifying body.
(B) The duration of an Acute Stroke-Ready Hospital
designation shall coincide with the duration of its
Acute Stroke-Ready Hospital certification.
(C) Each designated Acute Stroke-Ready Hospital
shall have its designation automatically renewed upon
the Department's receipt of a copy of the certifying
body's certification renewal and Application for
Stroke Center Designation form.
(D) A hospital must submit a copy of its
certification renewal from the certifying body as soon
as practical but no later than 30 business days after
that certification is received by the hospital. Upon
the Department's receipt of the renewal certification,
the Department shall renew the hospital's Acute
Stroke-Ready Hospital designation.
(E) A hospital designated as an Acute Stroke-Ready
Hospital shall pay an annual fee as determined by the
Department that shall be no less than $100 and no
greater than $500. All fees shall be deposited into the
Stroke Data Collection Fund.
(3) Hospitals seeking Acute Stroke-Ready Hospital
designation that do not have certification shall develop
policies and procedures that are consistent with
nationally-recognized, evidence-based protocols for the
provision of emergent stroke care. Hospital policies
relating to emergent stroke care and stroke patient
outcomes shall be reviewed at least annually, or more often
as needed, by a hospital committee that oversees quality
improvement. Adjustments shall be made as necessary to
advance the quality of stroke care delivered. Criteria for
Acute Stroke-Ready Hospital designation of hospitals shall
be limited to the ability of a hospital to:
(A) create written acute care protocols related to
emergent stroke care;
(A-5) participate in the data collection system
provided in Section 3.118, if available;
(B) maintain a written transfer agreement with one
or more hospitals that have neurosurgical expertise;
(C) designate a Clinical Director of Stroke Care
who shall be a clinical member of the hospital staff
with training or experience, as defined by the
facility, in the care of patients with cerebrovascular
disease. This training or experience may include, but
is not limited to, completion of a fellowship or other
specialized training in the area of cerebrovascular
disease, attendance at national courses, or prior
experience in neuroscience intensive care units. The
Clinical Director of Stroke Care may be a neurologist,
neurosurgeon, emergency medicine physician, internist,
radiologist, advanced practice registered nurse, or
physician's assistant;
(C-5) provide rapid access to an acute stroke team,
as defined by the facility, that considers and reflects
nationally-recognized, evidenced-based protocols or
guidelines;
(D) administer thrombolytic therapy, or
subsequently developed medical therapies that meet
nationally-recognized, evidence-based stroke
guidelines;
(E) conduct brain image tests at all times;
(F) conduct blood coagulation studies at all
times;
(G) maintain a log of stroke patients, which shall
be available for review upon request by the Department
or any hospital that has a written transfer agreement
with the Acute Stroke-Ready Hospital;
(H) admit stroke patients to a unit that can
provide appropriate care that considers and reflects
nationally-recognized, evidence-based protocols or
guidelines or transfer stroke patients to an Acute
Stroke-Ready Hospital, Primary Stroke Center, or
Comprehensive Stroke Center, or another facility that
can provide the appropriate care that considers and
reflects nationally-recognized, evidence-based
protocols or guidelines; and
(I) demonstrate compliance with
nationally-recognized quality indicators.
(4) With respect to Acute Stroke-Ready Hospital
designation, the Department shall have the authority and
responsibility to do the following:
(A) Require hospitals applying for Acute
Stroke-Ready Hospital designation to attest, on a form
developed by the Department in consultation with the
State Stroke Advisory Subcommittee, that the hospital
meets, and will continue to meet, the criteria for an
Acute Stroke-Ready Hospital.
(A-5) Require hospitals applying for Acute
Stroke-Ready Hospital designation via national Acute
Stroke-Ready Hospital certification to provide proof
of current Acute Stroke-Ready Hospital certification,
in good standing.
The Department shall require a hospital that is
already certified as an Acute Stroke-Ready Hospital to
send a copy of the Certificate to the Department.
Within 30 business days of the Department's
receipt of a hospital's Acute Stroke-Ready Certificate
and Application for Stroke Center Designation form
that indicates that the hospital is a certified Acute
Stroke-Ready Hospital, in good standing, the hospital
shall be deemed a State-designated Acute Stroke-Ready
Hospital. The Department shall send a designation
notice to each hospital that it designates as an Acute
Stroke-Ready Hospital and shall add the names of
designated Acute Stroke-Ready Hospitals to the website
listing immediately upon designation. The Department
shall immediately remove the name of a hospital from
the website listing when a hospital loses its
designation after notice and, if requested by the
hospital, a hearing.
The Department shall develop an Application for
Stroke Center Designation form that contains a
statement that "The above named facility meets the
requirements for Acute Stroke-Ready Hospital
Designation as provided in Section 3.117 of the
Emergency Medical Services (EMS) Systems Act" and
shall instruct the applicant facility to provide: the
hospital name and address; the hospital CEO or
Administrator's typed name and signature; the hospital
Clinical Director of Stroke Care's typed name and
signature; and a contact person's typed name, email
address, and phone number.
The Application for Stroke Center Designation form
shall contain a statement that instructs the hospital
to "Provide proof of current Acute Stroke-Ready
Hospital certification from a nationally-recognized
certifying body approved by the Department".
(B) Designate a hospital as an Acute Stroke-Ready
Hospital no more than 30 business days after receipt of
an attestation that meets the requirements for
attestation, unless the Department, within 30 days of
receipt of the attestation, chooses to conduct an
onsite survey prior to designation. If the Department
chooses to conduct an onsite survey prior to
designation, then the onsite survey shall be conducted
within 90 days of receipt of the attestation.
(C) Require annual written attestation, on a form
developed by the Department in consultation with the
State Stroke Advisory Subcommittee, by Acute
Stroke-Ready Hospitals to indicate compliance with
Acute Stroke-Ready Hospital criteria, as described in
this Section, and automatically renew Acute
Stroke-Ready Hospital designation of the hospital.
(D) Issue an Emergency Suspension of Acute
Stroke-Ready Hospital designation when the Director,
or his or her designee, has determined that the
hospital no longer meets the Acute Stroke-Ready
Hospital criteria and an immediate and serious danger
to the public health, safety, and welfare exists. If
the Acute Stroke-Ready Hospital fails to eliminate the
violation immediately or within a fixed period of time,
not exceeding 10 days, as determined by the Director,
the Director may immediately revoke the Acute
Stroke-Ready Hospital designation. The Acute
Stroke-Ready Hospital may appeal the revocation within
15 business days after receiving the Director's
revocation order, by requesting an administrative
hearing.
(E) After notice and an opportunity for an
administrative hearing, suspend, revoke, or refuse to
renew an Acute Stroke-Ready Hospital designation, when
the Department finds the hospital is not in substantial
compliance with current Acute Stroke-Ready Hospital
criteria.
(c) The Department shall consult with the State Stroke
Advisory Subcommittee for developing the designation,
re-designation, and de-designation processes for Comprehensive
Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready
Hospitals.
(d) The Department shall consult with the State Stroke
Advisory Subcommittee as subject matter experts at least
annually regarding stroke standards of care.
(Source: P.A. 98-756, eff. 7-16-14; 98-1001, eff. 1-1-15.)
Section 125. The Home Health, Home Services, and Home
Nursing Agency Licensing Act is amended by changing Sections
2.05 and 2.11 as follows:
(210 ILCS 55/2.05) (from Ch. 111 1/2, par. 2802.05)
Sec. 2.05. "Home health services" means services provided
to a person at his residence according to a plan of treatment
for illness or infirmity prescribed by a physician licensed to
practice medicine in all its branches, a licensed physician
assistant, or a licensed advanced practice registered nurse.
Such services include part time and intermittent nursing
services and other therapeutic services such as physical
therapy, occupational therapy, speech therapy, medical social
services, or services provided by a home health aide.
(Source: P.A. 98-261, eff. 8-9-13; 99-173, eff. 7-29-15.)
(210 ILCS 55/2.11)
Sec. 2.11. "Home nursing agency" means an agency that
provides services directly, or acts as a placement agency, in
order to deliver skilled nursing and home health aide services
to persons in their personal residences. A home nursing agency
provides services that would require a licensed nurse to
perform. Home health aide services are provided under the
direction of a registered professional nurse or advanced
practice registered Advanced Practice nurse. A home nursing
agency does not require licensure as a home health agency under
this Act. "Home nursing agency" does not include an
individually licensed nurse acting as a private contractor or a
person that provides or procures temporary employment in health
care facilities, as defined in the Nurse Agency Licensing Act.
(Source: P.A. 94-379, eff. 1-1-06; 95-951, eff. 8-29-08.)
Section 130. The End Stage Renal Disease Facility Act is
amended by changing Section 25 as follows:
(210 ILCS 62/25)
Sec. 25. Minimum staffing. An end stage renal disease
facility shall be under the medical direction of a physician
experienced in renal disease treatment, as required for
licensure under this Act. Additionally, at a minimum, every
facility licensed under this Act shall ensure that whenever
patients are undergoing dialysis all of the following are met:
(1) one currently licensed physician, registered
nurse, physician assistant, advanced practice registered
nurse, or licensed practical nurse experienced in
rendering end stage renal disease care is physically
present on the premises to oversee patient care; and
(2) adequate staff is present to meet the medical and
non-medical needs of each patient, as provided by this Act
and the rules adopted pursuant to this Act.
(Source: P.A. 92-794, eff. 7-1-03.)
Section 135. The Hospital Licensing Act is amended by
changing Sections 6.14g, 6.23a, 6.25, 10, 10.7, 10.8, and 10.9
as follows:
(210 ILCS 85/6.14g)
Sec. 6.14g. Reports to the Department; opioid overdoses.
(a) As used in this Section:
"Overdose" has the same meaning as provided in Section 414
of the Illinois Controlled Substances Act.
"Health care professional" includes a physician licensed
to practice medicine in all its branches, a physician
assistant, or an advanced practice registered nurse licensed in
the State.
(b) When treatment is provided in a hospital's emergency
department, a health care professional who treats a drug
overdose or hospital administrator or designee shall report the
case to the Department of Public Health within 48 hours of
providing treatment for the drug overdose or at such time the
drug overdose is confirmed. The Department shall by rule create
a form for this purpose which requires the following
information, if known: (1) whether an opioid antagonist was
administered; (2) the cause of the overdose; and (3) the
demographic information of the person treated. The Department
shall create the form with input from the statewide association
representing a majority of hospitals in Illinois. The person
completing the form may not disclose the name, address, or any
other personal information of the individual experiencing the
overdose.
(c) The identity of the person and entity reporting under
this subsection shall not be disclosed to the subject of the
report. For the purposes of this subsection, the health care
professional, hospital administrator, or designee making the
report and his or her employer shall not be held criminally,
civilly, or professionally liable for reporting under this
subsection, except for willful or wanton misconduct.
(d) The Department shall provide a semiannual report to the
General Assembly summarizing the reports received. The
Department shall also provide on its website a monthly report
of drug overdose figures. The figures shall be organized by the
overdose location, the age of the victim, the cause of the
overdose, and any other factors the Department deems
appropriate.
(Source: P.A. 99-480, eff. 9-9-15.)
(210 ILCS 85/6.23a)
Sec. 6.23a. Sepsis screening protocols.
(a) Each hospital shall adopt, implement, and periodically
update evidence-based protocols for the early recognition and
treatment of patients with sepsis, severe sepsis, or septic
shock (sepsis protocols) that are based on generally accepted
standards of care. Sepsis protocols must include components
specific to the identification, care, and treatment of adults
and of children, and must clearly identify where and when
components will differ for adults and for children seeking
treatment in the emergency department or as an inpatient. These
protocols must also include the following components:
(1) a process for the screening and early recognition
of patients with sepsis, severe sepsis, or septic shock;
(2) a process to identify and document individuals
appropriate for treatment through sepsis protocols,
including explicit criteria defining those patients who
should be excluded from the protocols, such as patients
with certain clinical conditions or who have elected
palliative care;
(3) guidelines for hemodynamic support with explicit
physiologic and treatment goals, methodology for invasive
or non-invasive hemodynamic monitoring, and timeframe
goals;
(4) for infants and children, guidelines for fluid
resuscitation consistent with current, evidence-based
guidelines for severe sepsis and septic shock with defined
therapeutic goals for children;
(5) identification of the infectious source and
delivery of early broad spectrum antibiotics with timely
re-evaluation to adjust to narrow spectrum antibiotics
targeted to identified infectious sources; and
(6) criteria for use, based on accepted evidence of
vasoactive agents.
(b) Each hospital shall ensure that professional staff with
direct patient care responsibilities and, as appropriate,
staff with indirect patient care responsibilities, including,
but not limited to, laboratory and pharmacy staff, are
periodically trained to implement the sepsis protocols
required under subsection (a). The hospital shall ensure
updated training of staff if the hospital initiates substantive
changes to the sepsis protocols.
(c) Each hospital shall be responsible for the collection
and utilization of quality measures related to the recognition
and treatment of severe sepsis for purposes of internal quality
improvement.
(d) The evidence-based protocols adopted under this
Section shall be provided to the Department upon the
Department's request.
(e) Hospitals submitting sepsis data as required by the
Centers for Medicare and Medicaid Services Hospital Inpatient
Quality Reporting program as of fiscal year 2016 are presumed
to meet the sepsis protocol requirements outlined in this
Section.
(f) Subject to appropriation, the Department shall:
(1) recommend evidence-based sepsis definitions and
metrics that incorporate evidence-based findings,
including appropriate antibiotic stewardship, and that
align with the National Quality Forum, the Centers for
Medicare and Medicaid Services, the Agency for Healthcare
Research and Quality, and the Joint Commission;
(2) establish and use a methodology for collecting,
analyzing, and disclosing the information collected under
this Section, including collection methods, formatting,
and methods and means for aggregate data release and
dissemination;
(3) complete a digest of efforts and recommendations no
later than 12 months after the effective date of this
amendatory Act of the 99th General Assembly; the digest may
include Illinois-specific data, trends, conditions, or
other clinical factors; a summary shall be provided to the
Governor and General Assembly and shall be publicly
available on the Department's website; and
(4) consult and seek input and feedback prior to the
proposal, publication, or issuance of any guidance,
methodologies, metrics, rulemaking, or any other
information authorized under this Section from statewide
organizations representing hospitals, physicians, advanced
practice registered nurses, pharmacists, and long-term
care facilities. Public and private hospitals,
epidemiologists, infection prevention professionals,
health care informatics and health care data
professionals, and academic researchers may be consulted.
If the Department receives an appropriation and carries out
the requirements of paragraphs (1), (2), (3), and (4), then the
Department may adopt rules concerning the collection of data
from hospitals regarding sepsis and requiring that each
hospital shall be responsible for reporting to the Department.
Any publicly released hospital-specific information under
this Section is subject to data provisions specified in Section
25 of the Hospital Report Card Act.
(Source: P.A. 99-828, eff. 8-18-16.)
(210 ILCS 85/6.25)
Sec. 6.25. Safe patient handling policy.
(a) In this Section:
"Health care worker" means an individual providing direct
patient care services who may be required to lift, transfer,
reposition, or move a patient.
"Nurse" means an advanced practice registered nurse, a
registered nurse, or a licensed practical nurse licensed under
the Nurse Practice Act.
"Safe lifting equipment and accessories" means mechanical
equipment designed to lift, move, reposition, and transfer
patients, including, but not limited to, fixed and portable
ceiling lifts, sit-to-stand lifts, slide sheets and boards,
slings, and repositioning and turning sheets.
"Safe lifting team" means at least 2 individuals who are
trained in the use of both safe lifting techniques and safe
lifting equipment and accessories, including the
responsibility for knowing the location and condition of such
equipment and accessories.
(b) A hospital must adopt and ensure implementation of a
policy to identify, assess, and develop strategies to control
risk of injury to patients and nurses and other health care
workers associated with the lifting, transferring,
repositioning, or movement of a patient. The policy shall
establish a process that, at a minimum, includes all of the
following:
(1) Analysis of the risk of injury to patients and
nurses and other health care workers posted by the patient
handling needs of the patient populations served by the
hospital and the physical environment in which the patient
handling and movement occurs.
(2) Education and training of nurses and other direct
patient care providers in the identification, assessment,
and control of risks of injury to patients and nurses and
other health care workers during patient handling and on
safe lifting policies and techniques and current lifting
equipment.
(3) Evaluation of alternative ways to reduce risks
associated with patient handling, including evaluation of
equipment and the environment.
(4) Restriction, to the extent feasible with existing
equipment and aids, of manual patient handling or movement
of all or most of a patient's weight except for emergency,
life-threatening, or otherwise exceptional circumstances.
(5) Collaboration with and an annual report to the
nurse staffing committee.
(6) Procedures for a nurse to refuse to perform or be
involved in patient handling or movement that the nurse in
good faith believes will expose a patient or nurse or other
health care worker to an unacceptable risk of injury.
(7) Submission of an annual report to the hospital's
governing body or quality assurance committee on
activities related to the identification, assessment, and
development of strategies to control risk of injury to
patients and nurses and other health care workers
associated with the lifting, transferring, repositioning,
or movement of a patient.
(8) In developing architectural plans for construction
or remodeling of a hospital or unit of a hospital in which
patient handling and movement occurs, consideration of the
feasibility of incorporating patient handling equipment or
the physical space and construction design needed to
incorporate that equipment.
(9) Fostering and maintaining patient safety, dignity,
self-determination, and choice, including the following
policies, strategies, and procedures:
(A) the existence and availability of a trained
safe lifting team;
(B) a policy of advising patients of a range of
transfer and lift options, including adjustable
diagnostic and treatment equipment, mechanical lifts,
and provision of a trained safe lifting team;
(C) the right of a competent patient, or guardian
of a patient adjudicated incompetent, to choose among
the range of transfer and lift options, subject to the
provisions of subparagraph (E) of this paragraph (9);
(D) procedures for documenting, upon admission and
as status changes, a mobility assessment and plan for
lifting, transferring, repositioning, or movement of a
patient, including the choice of the patient or
patient's guardian among the range of transfer and lift
options; and
(E) incorporation of such safe lifting procedures,
techniques, and equipment as are consistent with
applicable federal law.
(Source: P.A. 96-389, eff. 1-1-10; 96-1000, eff. 7-2-10;
97-122, eff. 1-1-12.)
(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 registered , nurse as defined in the Nurse
Practice Act, 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. 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 podiatric physician 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 August 7, 1984 (the effective
date of Public Act 83-1248) 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 the
Developmental Disability Prevention Act "An Act relating to the
prevention of developmental disabilities", approved September
6, 1973, as amended.
(Source: P.A. 98-214, eff. 8-9-13; revised 10-26-16.)
(210 ILCS 85/10.7)
Sec. 10.7. Clinical privileges; advanced practice
registered nurses. All hospitals licensed under this Act shall
comply with the following requirements:
(1) No hospital policy, rule, regulation, or practice
shall be inconsistent with the provision of adequate
collaboration and consultation in accordance with Section
54.5 of the Medical Practice Act of 1987.
(2) Operative surgical procedures shall be performed
only by a physician licensed to practice medicine in all
its branches under the Medical Practice Act of 1987, a
dentist licensed under the Illinois Dental Practice Act, or
a podiatric physician licensed under the Podiatric Medical
Practice Act of 1987, with medical staff membership and
surgical clinical privileges granted at the hospital. A
licensed physician, dentist, or podiatric physician may be
assisted by a physician licensed to practice medicine in
all its branches, dentist, dental assistant, podiatric
physician, licensed advanced practice registered nurse,
licensed physician assistant, licensed registered nurse,
licensed practical nurse, surgical assistant, surgical
technician, or other individuals granted clinical
privileges to assist in surgery at the hospital. Payment
for services rendered by an assistant in surgery who is not
a hospital employee shall be paid at the appropriate
non-physician modifier rate if the payor would have made
payment had the same services been provided by a physician.
(2.5) A registered nurse licensed under the Nurse
Practice Act and qualified by training and experience in
operating room nursing shall be present in the operating
room and function as the circulating nurse during all
invasive or operative procedures. For purposes of this
paragraph (2.5), "circulating nurse" means a registered
nurse who is responsible for coordinating all nursing care,
patient safety needs, and the needs of the surgical team in
the operating room during an invasive or operative
procedure.
(3) An advanced practice registered nurse is not
required to possess prescriptive authority or a written
collaborative agreement meeting the requirements of the
Nurse Practice Act to provide advanced practice registered
nursing services in a hospital. An advanced practice
registered nurse must possess clinical privileges
recommended by the medical staff and granted by the
hospital in order to provide services. Individual advanced
practice registered nurses may also be granted clinical
privileges to order, select, and administer medications,
including controlled substances, to provide delineated
care. The attending physician must determine the advanced
practice registered nurse's role in providing care for his
or her patients, except as otherwise provided in medical
staff bylaws. The medical staff shall periodically review
the services of advanced practice registered nurses
granted privileges. This review shall be conducted in
accordance with item (2) of subsection (a) of Section 10.8
of this Act for advanced practice registered nurses
employed by the hospital.
(4) The anesthesia service shall be under the direction
of a physician licensed to practice medicine in all its
branches who has had specialized preparation or experience
in the area or who has completed a residency in
anesthesiology. An anesthesiologist, Board certified or
Board eligible, is recommended. Anesthesia services may
only be administered pursuant to the order of a physician
licensed to practice medicine in all its branches, licensed
dentist, or licensed podiatric physician.
(A) The individuals who, with clinical privileges
granted at the hospital, may administer anesthesia
services are limited to the following:
(i) an anesthesiologist; or
(ii) a physician licensed to practice medicine
in all its branches; or
(iii) a dentist with authority to administer
anesthesia under Section 8.1 of the Illinois
Dental Practice Act; or
(iv) a licensed certified registered nurse
anesthetist; or
(v) a podiatric physician licensed under the
Podiatric Medical Practice Act of 1987.
(B) For anesthesia services, an anesthesiologist
shall participate through discussion of and agreement
with the anesthesia plan and shall remain physically
present and be available on the premises during the
delivery of anesthesia services for diagnosis,
consultation, and treatment of emergency medical
conditions. In the absence of 24-hour availability of
anesthesiologists with medical staff privileges, an
alternate policy (requiring participation, presence,
and availability of a physician licensed to practice
medicine in all its branches) shall be developed by the
medical staff and licensed hospital in consultation
with the anesthesia service.
(C) A certified registered nurse anesthetist is
not required to possess prescriptive authority or a
written collaborative agreement meeting the
requirements of Section 65-35 of the Nurse Practice Act
to provide anesthesia services ordered by a licensed
physician, dentist, or podiatric physician. Licensed
certified registered nurse anesthetists are authorized
to select, order, and administer drugs and apply the
appropriate medical devices in the provision of
anesthesia services under the anesthesia plan agreed
with by the anesthesiologist or, in the absence of an
available anesthesiologist with clinical privileges,
agreed with by the operating physician, operating
dentist, or operating podiatric physician in
accordance with the hospital's alternative policy.
(Source: P.A. 98-214, eff. 8-9-13; 99-642, eff. 7-28-16.)
(210 ILCS 85/10.8)
Sec. 10.8. Requirements for employment of physicians.
(a) Physician employment by hospitals and hospital
affiliates. Employing entities may employ physicians to
practice medicine in all of its branches provided that the
following requirements are met:
(1) The employed physician is a member of the medical
staff of either the hospital or hospital affiliate. If a
hospital affiliate decides to have a medical staff, its
medical staff shall be organized in accordance with written
bylaws where the affiliate medical staff is responsible for
making recommendations to the governing body of the
affiliate regarding all quality assurance activities and
safeguarding professional autonomy. The affiliate medical
staff bylaws may not be unilaterally changed by the
governing body of the affiliate. Nothing in this Section
requires hospital affiliates to have a medical staff.
(2) Independent physicians, who are not employed by an
employing entity, periodically review the quality of the
medical services provided by the employed physician to
continuously improve patient care.
(3) The employing entity and the employed physician
sign a statement acknowledging that the employer shall not
unreasonably exercise control, direct, or interfere with
the employed physician's exercise and execution of his or
her professional judgment in a manner that adversely
affects the employed physician's ability to provide
quality care to patients. This signed statement shall take
the form of a provision in the physician's employment
contract or a separate signed document from the employing
entity to the employed physician. This statement shall
state: "As the employer of a physician, (employer's name)
shall not unreasonably exercise control, direct, or
interfere with the employed physician's exercise and
execution of his or her professional judgment in a manner
that adversely affects the employed physician's ability to
provide quality care to patients."
(4) The employing entity shall establish a mutually
agreed upon independent review process with criteria under
which an employed physician may seek review of the alleged
violation of this Section by physicians who are not
employed by the employing entity. The affiliate may arrange
with the hospital medical staff to conduct these reviews.
The independent physicians shall make findings and
recommendations to the employing entity and the employed
physician within 30 days of the conclusion of the gathering
of the relevant information.
(b) Definitions. For the purpose of this Section:
"Employing entity" means a hospital licensed under the
Hospital Licensing Act or a hospital affiliate.
"Employed physician" means a physician who receives an IRS
W-2 form, or any successor federal income tax form, from an
employing entity.
"Hospital" means a hospital licensed under the Hospital
Licensing Act, except county hospitals as defined in subsection
(c) of Section 15-1 of the Illinois Public Aid Code.
"Hospital affiliate" means a corporation, partnership,
joint venture, limited liability company, or similar
organization, other than a hospital, that is devoted primarily
to the provision, management, or support of health care
services and that directly or indirectly controls, is
controlled by, or is under common control of the hospital.
"Control" means having at least an equal or a majority
ownership or membership interest. A hospital affiliate shall be
100% owned or controlled by any combination of hospitals, their
parent corporations, or physicians licensed to practice
medicine in all its branches in Illinois. "Hospital affiliate"
does not include a health maintenance organization regulated
under the Health Maintenance Organization Act.
"Physician" means an individual licensed to practice
medicine in all its branches in Illinois.
"Professional judgment" means the exercise of a
physician's independent clinical judgment in providing
medically appropriate diagnoses, care, and treatment to a
particular patient at a particular time. Situations in which an
employing entity does not interfere with an employed
physician's professional judgment include, without limitation,
the following:
(1) practice restrictions based upon peer review of the
physician's clinical practice to assess quality of care and
utilization of resources in accordance with applicable
bylaws;
(2) supervision of physicians by appropriately
licensed medical directors, medical school faculty,
department chairpersons or directors, or supervising
physicians;
(3) written statements of ethical or religious
directives; and
(4) reasonable referral restrictions that do not, in
the reasonable professional judgment of the physician,
adversely affect the health or welfare of the patient.
(c) Private enforcement. An employed physician aggrieved
by a violation of this Act may seek to obtain an injunction or
reinstatement of employment with the employing entity as the
court may deem appropriate. Nothing in this Section limits or
abrogates any common law cause of action. Nothing in this
Section shall be deemed to alter the law of negligence.
(d) Department enforcement. The Department may enforce the
provisions of this Section, but nothing in this Section shall
require or permit the Department to license, certify, or
otherwise investigate the activities of a hospital affiliate
not otherwise required to be licensed by the Department.
(e) Retaliation prohibited. No employing entity shall
retaliate against any employed physician for requesting a
hearing or review under this Section. No action may be taken
that affects the ability of a physician to practice during this
review, except in circumstances where the medical staff bylaws
authorize summary suspension.
(f) Physician collaboration. No employing entity shall
adopt or enforce, either formally or informally, any policy,
rule, regulation, or practice inconsistent with the provision
of adequate collaboration, including medical direction of
licensed advanced practice registered nurses or supervision of
licensed physician assistants and delegation to other
personnel under Section 54.5 of the Medical Practice Act of
1987.
(g) Physician disciplinary actions. Nothing in this
Section shall be construed to limit or prohibit the governing
body of an employing entity or its medical staff, if any, from
taking disciplinary actions against a physician as permitted by
law.
(h) Physician review. Nothing in this Section shall be
construed to prohibit a hospital or hospital affiliate from
making a determination not to pay for a particular health care
service or to prohibit a medical group, independent practice
association, hospital medical staff, or hospital governing
body from enforcing reasonable peer review or utilization
review protocols or determining whether the employed physician
complied with those protocols.
(i) Review. Nothing in this Section may be used or
construed to establish that any activity of a hospital or
hospital affiliate is subject to review under the Illinois
Health Facilities Planning Act.
(j) Rules. The Department shall adopt any rules necessary
to implement this Section.
(Source: P.A. 92-455, eff. 9-30-01; revised 10-26-16.)
(210 ILCS 85/10.9)
Sec. 10.9. Nurse mandated overtime prohibited.
(a) Definitions. As used in this Section:
"Mandated overtime" means work that is required by the
hospital in excess of an agreed-to, predetermined work shift.
Time spent by nurses required to be available as a condition of
employment in specialized units, such as surgical nursing
services, shall not be counted or considered in calculating the
amount of time worked for the purpose of applying the
prohibition against mandated overtime under subsection (b).
"Nurse" means any advanced practice registered nurse,
registered professional nurse, or licensed practical nurse, as
defined in the Nurse Practice Act, who receives an hourly wage
and has direct responsibility to oversee or carry out nursing
care. For the purposes of this Section, "advanced practice
registered nurse" does not include a certified registered nurse
anesthetist who is primarily engaged in performing the duties
of a nurse anesthetist.
"Unforeseen emergent circumstance" means (i) any declared
national, State, or municipal disaster or other catastrophic
event, or any implementation of a hospital's disaster plan,
that will substantially affect or increase the need for health
care services or (ii) any circumstance in which patient care
needs require specialized nursing skills through the
completion of a procedure. An "unforeseen emergent
circumstance" does not include situations in which the hospital
fails to have enough nursing staff to meet the usual and
reasonably predictable nursing needs of its patients.
(b) Mandated overtime prohibited. No nurse may be required
to work mandated overtime except in the case of an unforeseen
emergent circumstance when such overtime is required only as a
last resort. Such mandated overtime shall not exceed 4 hours
beyond an agreed-to, predetermined work shift.
(c) Off-duty period. When a nurse is mandated to work up to
12 consecutive hours, the nurse must be allowed at least 8
consecutive hours of off-duty time immediately following the
completion of a shift.
(d) Retaliation prohibited. No hospital may discipline,
discharge, or take any other adverse employment action against
a nurse solely because the nurse refused to work mandated
overtime as prohibited under subsection (b).
(e) Violations. Any employee of a hospital that is subject
to this Act may file a complaint with the Department of Public
Health regarding an alleged violation of this Section. The
complaint must be filed within 45 days following the occurrence
of the incident giving rise to the alleged violation. The
Department must forward notification of the alleged violation
to the hospital in question within 3 business days after the
complaint is filed. Upon receiving a complaint of a violation
of this Section, the Department may take any action authorized
under Section 7 or 9 of this Act.
(f) Proof of violation. Any violation of this Section must
be proved by clear and convincing evidence that a nurse was
required to work overtime against his or her will. The hospital
may defeat the claim of a violation by presenting clear and
convincing evidence that an unforeseen emergent circumstance,
which required overtime work, existed at the time the employee
was required or compelled to work.
(Source: P.A. 94-349, eff. 7-28-05; 95-639, eff. 10-5-07.)
Section 140. The Illinois Insurance Code is amended by
changing Section 356g.5 as follows:
(215 ILCS 5/356g.5)
Sec. 356g.5. Clinical breast exam.
(a) The General Assembly finds that clinical breast
examinations are a critical tool in the early detection of
breast cancer, while the disease is in its earlier and
potentially more treatable stages. Insurer reimbursement of
clinical breast examinations is essential to the effort to
reduce breast cancer deaths in Illinois.
(b) Every insurer shall provide, in each group or
individual policy, contract, or certificate of accident or
health insurance issued or renewed for persons who are
residents of Illinois, coverage for complete and thorough
clinical breast examinations as indicated by guidelines of
practice, performed by a physician licensed to practice
medicine in all its branches, a licensed advanced practice
registered nurse, or a licensed physician assistant, to check
for lumps and other changes for the purpose of early detection
and prevention of breast cancer as follows:
(1) at least every 3 years for women at least 20 years
of age but less than 40 years of age; and
(2) annually for women 40 years of age or older.
(c) Upon approval of a nationally recognized separate and
distinct clinical breast exam code that is compliant with all
State and federal laws, rules, and regulations, public and
private insurance plans shall take action to cover clinical
breast exams on a separate and distinct basis.
(Source: P.A. 99-173, eff. 7-29-15.)
Section 145. The Illinois Dental Practice Act is amended by
changing Sections 4 and 8.1 as follows:
(225 ILCS 25/4) (from Ch. 111, par. 2304)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's
website or by contacting the Department.
"Department" means the Department of Financial and
Professional Regulation.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Board" means the Board of Dentistry.
"Dentist" means a person who has received a general license
pursuant to paragraph (a) of Section 11 of this Act and who may
perform any intraoral and extraoral procedure required in the
practice of dentistry and to whom is reserved the
responsibilities specified in Section 17.
"Dental hygienist" means a person who holds a license under
this Act to perform dental services as authorized by Section
18.
"Dental assistant" means an appropriately trained person
who, under the supervision of a dentist, provides dental
services as authorized by Section 17.
"Dental laboratory" means a person, firm or corporation
which:
(i) engages in making, providing, repairing or
altering dental prosthetic appliances and other artificial
materials and devices which are returned to a dentist for
insertion into the human oral cavity or which come in
contact with its adjacent structures and tissues; and
(ii) utilizes or employs a dental technician to provide
such services; and
(iii) performs such functions only for a dentist or
dentists.
"Supervision" means supervision of a dental hygienist or a
dental assistant requiring that a dentist authorize the
procedure, remain in the dental facility while the procedure is
performed, and approve the work performed by the dental
hygienist or dental assistant before dismissal of the patient,
but does not mean that the dentist must be present at all times
in the treatment room.
"General supervision" means supervision of a dental
hygienist requiring that the patient be a patient of record,
that the dentist examine the patient in accordance with Section
18 prior to treatment by the dental hygienist, and that the
dentist authorize the procedures which are being carried out by
a notation in the patient's record, but not requiring that a
dentist be present when the authorized procedures are being
performed. The issuance of a prescription to a dental
laboratory by a dentist does not constitute general
supervision.
"Public member" means a person who is not a health
professional. For purposes of board membership, any person with
a significant financial interest in a health service or
profession is not a public member.
"Dentistry" means the healing art which is concerned with
the examination, diagnosis, treatment planning and care of
conditions within the human oral cavity and its adjacent
tissues and structures, as further specified in Section 17.
"Branches of dentistry" means the various specialties of
dentistry which, for purposes of this Act, shall be limited to
the following: endodontics, oral and maxillofacial surgery,
orthodontics and dentofacial orthopedics, pediatric dentistry,
periodontics, prosthodontics, and oral and maxillofacial
radiology.
"Specialist" means a dentist who has received a specialty
license pursuant to Section 11(b).
"Dental technician" means a person who owns, operates or is
employed by a dental laboratory and engages in making,
providing, repairing or altering dental prosthetic appliances
and other artificial materials and devices which are returned
to a dentist for insertion into the human oral cavity or which
come in contact with its adjacent structures and tissues.
"Impaired dentist" or "impaired dental hygienist" means a
dentist or dental hygienist who is unable to practice with
reasonable skill and safety because of a physical or mental
disability as evidenced by a written determination or written
consent based on clinical evidence, including deterioration
through the aging process, loss of motor skills, abuse of drugs
or alcohol, or a psychiatric disorder, of sufficient degree to
diminish the person's ability to deliver competent patient
care.
"Nurse" means a registered professional nurse, a certified
registered nurse anesthetist licensed as an advanced practice
registered nurse, or a licensed practical nurse licensed under
the Nurse Practice Act.
"Patient of record" means a patient for whom the patient's
most recent dentist has obtained a relevant medical and dental
history and on whom the dentist has performed an examination
and evaluated the condition to be treated.
"Dental responder" means a dentist or dental hygienist who
is appropriately certified in disaster preparedness,
immunizations, and dental humanitarian medical response
consistent with the Society of Disaster Medicine and Public
Health and training certified by the National Incident
Management System or the National Disaster Life Support
Foundation.
"Mobile dental van or portable dental unit" means any
self-contained or portable dental unit in which dentistry is
practiced that can be moved, towed, or transported from one
location to another in order to establish a location where
dental services can be provided.
"Public health dental hygienist" means a hygienist who
holds a valid license to practice in the State, has 2 years of
full-time clinical experience or an equivalent of 4,000 hours
of clinical experience and has completed at least 42 clock
hours of additional structured courses in dental education
approved by rule by the Department in advanced areas specific
to public health dentistry, including, but not limited to,
emergency procedures for medically compromised patients,
pharmacology, medical recordkeeping procedures, geriatric
dentistry, pediatric dentistry, pathology, and other areas of
study as determined by the Department, and works in a public
health setting pursuant to a written public health supervision
agreement as defined by rule by the Department with a dentist
working in or contracted with a local or State government
agency or institution or who is providing services as part of a
certified school-based program or school-based oral health
program.
"Public health setting" means a federally qualified health
center; a federal, State, or local public health facility; Head
Start; a special supplemental nutrition program for Women,
Infants, and Children (WIC) facility; or a certified
school-based health center or school-based oral health
program.
"Public health supervision" means the supervision of a
public health dental hygienist by a licensed dentist who has a
written public health supervision agreement with that public
health dental hygienist while working in an approved facility
or program that allows the public health dental hygienist to
treat patients, without a dentist first examining the patient
and being present in the facility during treatment, (1) who are
eligible for Medicaid or (2) who are uninsured and whose
household income is not greater than 200% of the federal
poverty level.
(Source: P.A. 99-25, eff. 1-1-16; 99-492, eff. 12-31-15;
99-680, eff. 1-1-17.)
(225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 8.1. Permit for the administration of anesthesia and
sedation.
(a) No licensed dentist shall administer general
anesthesia, deep sedation, or conscious sedation without first
applying for and obtaining a permit for such purpose from the
Department. The Department shall issue such permit only after
ascertaining that the applicant possesses the minimum
qualifications necessary to protect public safety. A person
with a dental degree who administers anesthesia, deep sedation,
or conscious sedation in an approved hospital training program
under the supervision of either a licensed dentist holding such
permit or a physician licensed to practice medicine in all its
branches shall not be required to obtain such permit.
(b) In determining the minimum permit qualifications that
are necessary to protect public safety, the Department, by
rule, shall:
(1) establish the minimum educational and training
requirements necessary for a dentist to be issued an
appropriate permit;
(2) establish the standards for properly equipped
dental facilities (other than licensed hospitals and
ambulatory surgical treatment centers) in which general
anesthesia, deep sedation, or conscious sedation is
administered, as necessary to protect public safety;
(3) establish minimum requirements for all persons who
assist the dentist in the administration of general
anesthesia, deep sedation, or conscious sedation,
including minimum training requirements for each member of
the dental team, monitoring requirements, recordkeeping
requirements, and emergency procedures; and
(4) ensure that the dentist and all persons assisting
the dentist or monitoring the administration of general
anesthesia, deep sedation, or conscious sedation maintain
current certification in Basic Life Support (BLS); and .
(5) establish continuing education requirements in
sedation techniques for dentists who possess a permit under
this Section.
When establishing requirements under this Section, the
Department shall consider the current American Dental
Association guidelines on sedation and general anesthesia, the
current "Guidelines for Monitoring and Management of Pediatric
Patients During and After Sedation for Diagnostic and
Therapeutic Procedures" established by the American Academy of
Pediatrics and the American Academy of Pediatric Dentistry, and
the current parameters of care and Office Anesthesia Evaluation
(OAE) Manual established by the American Association of Oral
and Maxillofacial Surgeons.
(c) A licensed dentist must hold an appropriate permit
issued under this Section in order to perform dentistry while a
nurse anesthetist administers conscious sedation, and a valid
written collaborative agreement must exist between the dentist
and the nurse anesthetist, in accordance with the Nurse
Practice Act.
A licensed dentist must hold an appropriate permit issued
under this Section in order to perform dentistry while a nurse
anesthetist administers deep sedation or general anesthesia,
and a valid written collaborative agreement must exist between
the dentist and the nurse anesthetist, in accordance with the
Nurse Practice Act.
For the purposes of this subsection (c), "nurse
anesthetist" means a licensed certified registered nurse
anesthetist who holds a license as an advanced practice
registered nurse.
(Source: P.A. 95-399, eff. 1-1-08; 95-639, eff. 1-1-08; 96-328,
eff. 8-11-09; revised 10-27-16.)
Section 150. 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 and Services Review
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
registered nurses licensed under the Nurse Practice Act;
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; 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; podiatric physicians 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. 98-214, eff. 8-9-13.)
Section 155. The Medical Practice Act of 1987 is amended by
changing Sections 8.1, 22, 54.2, and 54.5 as follows:
(225 ILCS 60/8.1)
(Section scheduled to be repealed on December 31, 2017)
Sec. 8.1. Matters concerning advanced practice registered
nurses. Any proposed rules, amendments, second notice
materials and adopted rule or amendment materials, and policy
statements concerning advanced practice registered nurses
shall be presented to the Licensing Board for review and
comment. The recommendations of both the Board of Nursing and
the Licensing Board shall be presented to the Secretary for
consideration in making final decisions. Whenever the Board of
Nursing and the Licensing Board disagree on a proposed rule or
policy, the Secretary shall convene a joint meeting of the
officers of each Board to discuss the resolution of any such
disagreements.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on December 31, 2017)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on probation,
reprimand, refuse to issue or renew, or take any other
disciplinary or non-disciplinary action as the Department may
deem proper with regard to the license or permit of any person
issued under this Act, including imposing fines not to exceed
$10,000 for each violation, 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;
(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;
(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) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States of any crime that is a felony.
(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) Adverse action taken by 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. This includes any adverse action taken by a State
or federal agency that prohibits a medical doctor, doctor
of osteopathy, doctor of osteopathic medicine, or doctor of
chiropractic from providing services to the agency's
participants.
(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 Secretary, after consideration of the recommendation
of the Disciplinary Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the 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 Healthcare
and Family Services (formerly 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 Healthcare
and Family Services (formerly 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, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(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 provide 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
registered nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice registered nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Pilot Program Act.
(45) Entering into an excessive number of written
collaborative agreements with licensed prescribing
psychologists resulting in an inability to adequately
collaborate.
(46) Repeated failure to adequately collaborate with a
licensed prescribing psychologist.
Except for actions involving the ground numbered (26), 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 5 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), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of the
complaint. 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 2 years 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 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 Disciplinary Board or the
Licensing Board, upon a showing of a possible violation, may
compel, in the case of the Disciplinary Board, any individual
who is licensed to practice under this Act or holds a permit to
practice under this Act, or, in the case of the Licensing
Board, any individual who has applied for licensure or a permit
pursuant to this Act, to submit to a mental or physical
examination and evaluation, or both, which may include a
substance abuse or sexual offender evaluation, as required by
the Licensing Board or Disciplinary Board and at the expense of
the Department. The Disciplinary Board or Licensing Board shall
specifically designate the examining physician licensed to
practice medicine in all of its branches or, if applicable, the
multidisciplinary team involved in providing the mental or
physical examination and evaluation, or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing. The Disciplinary Board, the
Licensing Board, or the Department may order the examining
physician or any member of the multidisciplinary team to
provide to the Department, the Disciplinary Board, or the
Licensing Board any and all records, including business
records, that relate to the examination and evaluation,
including any supplemental testing performed. The Disciplinary
Board, the Licensing Board, or the Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. 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 and evaluation, or both, when
directed, shall result in an automatic suspension, without
hearing, until such time as the individual submits to the
examination. If the Disciplinary Board or Licensing Board finds
a physician unable to practice following an examination and
evaluation because of the reasons set forth in this Section,
the Disciplinary Board or Licensing Board shall require such
physician to submit to care, counseling, or treatment by
physicians, or other health care professionals, approved or
designated by the Disciplinary Board, as a condition for
issued, 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 Secretary 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 Secretary 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 $10,000 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 Illinois
State Medical Disciplinary Fund.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(B) The Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection 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 permit is revoked under this subsection
B shall be prohibited from practicing medicine or treating
human ailments without the use of drugs and without operative
surgery.
(C) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine to
a physician based solely upon the recommendation of the
physician to an eligible patient regarding, or prescription
for, or treatment with, an investigational drug, biological
product, or device.
(D) The 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. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14;
98-1140, eff. 12-30-14; 99-270, eff. 1-1-16; 99-933, eff.
1-27-17.)
(225 ILCS 60/54.2)
(Section scheduled to be repealed on December 31, 2017)
Sec. 54.2. Physician delegation of authority.
(a) Nothing in this Act shall be construed to limit the
delegation of patient care tasks or duties by a physician, to a
licensed practical nurse, a registered professional nurse, or
other licensed person practicing within the scope of his or her
individual licensing Act. Delegation by a physician licensed to
practice medicine in all its branches to physician assistants
or advanced practice registered nurses is also addressed in
Section 54.5 of this Act. No physician may delegate any patient
care task or duty that is statutorily or by rule mandated to be
performed by a physician.
(b) In an office or practice setting and within a
physician-patient relationship, a physician may delegate
patient care tasks or duties to an unlicensed person who
possesses appropriate training and experience provided a
health care professional, who is practicing within the scope of
such licensed professional's individual licensing Act, is on
site to provide assistance.
(c) Any such patient care task or duty delegated to a
licensed or unlicensed person must be within the scope of
practice, education, training, or experience of the delegating
physician and within the context of a physician-patient
relationship.
(d) Nothing in this Section shall be construed to affect
referrals for professional services required by law.
(e) The Department shall have the authority to promulgate
rules concerning a physician's delegation, including but not
limited to, the use of light emitting devices for patient care
or treatment.
(f) Nothing in this Act shall be construed to limit the
method of delegation that may be authorized by any means,
including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
(Source: P.A. 96-618, eff. 1-1-10; 97-622, eff. 11-23-11.)
(225 ILCS 60/54.5)
(Section scheduled to be repealed on December 31, 2017)
Sec. 54.5. Physician delegation of authority to physician
assistants, advanced practice registered nurses without full
practice authority, and prescribing psychologists.
(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 5
physician assistants as set forth in subsection (a) of Section
7 of the Physician Assistant Practice Act of 1987.
(b) A physician licensed to practice medicine in all its
branches in active clinical practice may collaborate with an
advanced practice registered nurse in accordance with the
requirements of the Nurse Practice Act. Collaboration is for
the purpose of providing medical consultation, and no
employment relationship is required. A written collaborative
agreement shall conform to the requirements of Section 65-35 of
the Nurse Practice Act. The written collaborative agreement
shall be for services in the same area of practice or specialty
as the collaborating physician in his or her clinical medical
practice. A written collaborative agreement shall be adequate
with respect to collaboration with advanced practice
registered nurses if all of the following apply:
(1) The agreement is written to promote the exercise of
professional judgment by the advanced practice registered
nurse commensurate with his or her education and
experience.
(2) The advanced advance practice registered nurse
provides services based upon a written collaborative
agreement with the collaborating physician, except as set
forth in subsection (b-5) of this Section. With respect to
labor and delivery, the collaborating physician must
provide delivery services in order to participate with a
certified nurse midwife.
(3) Methods of communication are available with the
collaborating physician in person or through
telecommunications for consultation, collaboration, and
referral as needed to address patient care needs.
(b-5) An anesthesiologist or physician licensed to
practice medicine in all its branches may collaborate with a
certified registered nurse anesthetist in accordance with
Section 65-35 of the Nurse Practice Act for the provision of
anesthesia services. With respect to the provision of
anesthesia services, the collaborating anesthesiologist or
physician shall have training and experience in the delivery of
anesthesia services consistent with Department rules.
Collaboration shall be adequate if:
(1) an anesthesiologist or a physician participates in
the joint formulation and joint approval of orders or
guidelines and periodically reviews such orders and the
services provided patients under such orders; and
(2) for anesthesia services, the anesthesiologist or
physician participates through discussion of and agreement
with the anesthesia plan and is physically present and
available on the premises during the delivery of anesthesia
services for diagnosis, consultation, and treatment of
emergency medical conditions. Anesthesia services in a
hospital shall be conducted in accordance with Section 10.7
of the Hospital Licensing Act and in an ambulatory surgical
treatment center in accordance with Section 6.5 of the
Ambulatory Surgical Treatment Center Act.
(b-10) The anesthesiologist or operating physician must
agree with the anesthesia plan prior to the delivery of
services.
(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 registered nurse.
(d) (Blank).
(e) A physician shall not be liable for the acts or
omissions of a prescribing psychologist, physician assistant,
or advanced practice registered 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 prescribing psychologist, physician assistant,
or advanced practice registered nurse to perform acts, unless
the physician has reason to believe the prescribing
psychologist, physician assistant, or advanced practice
registered nurse lacked the competency to perform the act or
acts or commits willful and wanton misconduct.
(f) A collaborating physician may, but is not required to,
delegate prescriptive authority to an advanced practice
registered nurse as part of a written collaborative agreement,
and the delegation of prescriptive authority shall conform to
the requirements of Section 65-40 of the Nurse Practice Act.
(g) A supervising physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written supervision agreement, and the delegation of
prescriptive authority shall conform to the requirements of
Section 7.5 of the Physician Assistant Practice Act of 1987.
(h) (Blank).
(i) A collaborating physician shall delegate prescriptive
authority to a prescribing psychologist as part of a written
collaborative agreement, and the delegation of prescriptive
authority shall conform to the requirements of Section 4.3 of
the Clinical Psychologist Licensing Act.
(j) As set forth in Section 22.2 of this Act, a licensee
under this Act may not directly or indirectly divide, share, or
split any professional fee or other form of compensation for
professional services with anyone in exchange for a referral or
otherwise, other than as provided in Section 22.2.
(Source: P.A. 98-192, eff. 1-1-14; 98-668, eff. 6-25-14;
99-173, eff. 7-29-15.)
Section 160. The Nurse Practice Act is amended by changing
Sections 50-10, 50-15, 50-20, 50-50, 50-55, 50-60, 50-65,
50-70, 50-75, 55-10, 55-20, 55-30, 60-5, 60-10, 60-25, 60-35,
65-5, 65-10, 65-15, 65-20, 65-25, 65-30, 65-35, 65-35.1, 65-40,
65-45, 65-50, 65-55, 65-60, 65-65, 70-5, 70-10, 70-20, 70-35,
70-40, 70-50, 70-60, 70-75, 70-80, 70-85, 70-100, 70-140,
70-145, 70-160, 75-10, 75-15, 75-20, 80-15, and 80-35 and the
heading of Articles 65 and 75 and by adding Sections 50-13,
50-26, 55-11, 60-11, 65-43, 70-81, and 70-103 as follows:
(225 ILCS 65/50-10) (was 225 ILCS 65/5-10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-10. 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:
"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.
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit.
"Advanced practice registered nurse" or "APRN" "APN" means
a person who has met the qualifications for a (i) certified
nurse midwife (CNM); (ii) certified nurse practitioner (CNP);
(iii) certified registered nurse anesthetist (CRNA); or (iv)
clinical nurse specialist (CNS) and has been licensed by the
Department. All advanced practice registered nurses licensed
and practicing in the State of Illinois shall use the title
APRN APN and may use specialty credentials CNM, CNP, CRNA, or
CNS after their name. All advanced practice registered nurses
may only practice in accordance with national certification and
this Act.
"Advisory Board" means the Illinois Nursing Workforce
Center Advisory Board.
"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.
"Board" means the Board of Nursing appointed by the
Secretary.
"Center" means the Illinois Nursing Workforce Center.
"Collaboration" means a process involving 2 or more health
care professionals working together, each contributing one's
respective area of expertise to provide more comprehensive
patient care.
"Competence" means an expected and measurable level of
performance that integrates knowledge, skills, abilities, and
judgment based on established scientific knowledge and
expectations for nursing practice.
"Comprehensive nursing assessment" means the gathering of
information about the patient's physiological, psychological,
sociological, and spiritual status on an ongoing basis by a
registered professional nurse and is the first step in
implementing and guiding the nursing plan of care.
"Consultation" means the process whereby an advanced
practice registered nurse seeks the advice or opinion of
another health care professional.
"Credentialed" means the process of assessing and
validating the qualifications of a health care professional.
"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.
"Dentist" means a person licensed to practice dentistry
under the Illinois Dental Practice Act.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
"Focused nursing assessment" means an appraisal of an
individual's status and current situation, contributing to the
comprehensive nursing assessment performed by the registered
professional nurse or advanced practice registered nurse or the
assessment by the physician assistant, physician, dentist,
podiatric physician, or other licensed health care
professional, as determined by the Department, supporting
ongoing data collection, and deciding who needs to be informed
of the information and when to inform.
Full practice authority" means the authority of an advanced
practice registered nurse licensed in Illinois and certified as
a nurse practitioner, clinical nurse specialist, or nurse
midwife to practice without a written collaborative agreement
and:
(1) to be fully accountable to patients for the quality
of advanced nursing care rendered;
(2) to be fully accountable for recognizing limits of
knowledge and experience and for planning for the
management of situations beyond the advanced practice
registered nurse's expertise; the full practice authority
for advanced practice registered nurses includes accepting
referrals from, consulting with, collaborating with, or
referring to other health care professionals as warranted
by the needs of the patient; and
(3) to possess the authority to prescribe medications,
including Schedule II through V controlled substances, as
provided in Section 65-43.
"Hospital affiliate" means a corporation, partnership,
joint venture, limited liability company, or similar
organization, other than a hospital, that is devoted primarily
to the provision, management, or support of health care
services and that directly or indirectly controls, is
controlled by, or is under common control of the hospital. For
the purposes of this definition, "control" means having at
least an equal or a majority ownership or membership interest.
A hospital affiliate shall be 100% owned or controlled by any
combination of hospitals, their parent corporations, or
physicians licensed to practice medicine in all its branches in
Illinois. "Hospital affiliate" does not include a health
maintenance organization regulated under the Health
Maintenance Organization Act.
"Impaired nurse" means a nurse licensed under this Act who
is unable to practice with reasonable skill and safety because
of a physical or mental disability as evidenced by a written
determination or written consent based on clinical evidence,
including loss of motor skills, abuse of drugs or alcohol, or a
psychiatric disorder, of sufficient degree to diminish his or
her ability to deliver competent patient care.
"License-pending advanced practice registered nurse" means
a registered professional nurse who has completed all
requirements for licensure as an advanced practice registered
nurse except the certification examination and has applied to
take the next available certification exam and received a
temporary permit license from the Department.
"License-pending registered nurse" means a person who has
passed the Department-approved registered nurse licensure exam
and has applied for a license from the Department. A
license-pending registered nurse shall use the title "RN lic
pend" on all documentation related to nursing practice.
"Nursing intervention" means any treatment based on
clinical nursing judgment or knowledge that a nurse performs.
An individual or entity shall not mandate that a registered
professional nurse delegate nursing interventions if the
registered professional nurse determines it is inappropriate
to do so. A nurse shall not be subject to disciplinary or any
other adverse action for refusing to delegate a nursing
intervention based on patient safety.
"Physician" means a person licensed to practice medicine in
all its branches under the Medical Practice Act of 1987.
"Podiatric physician" means a person licensed to practice
podiatry under the Podiatric Medical Practice Act of 1987.
"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 this Act. Only a
practical nurse licensed under this Act is entitled to use the
title "licensed practical nurse" and the abbreviation
"L.P.N.".
"Practical nursing" means the performance of nursing
interventions acts requiring the basic nursing knowledge,
judgment, and skill acquired by means of completion of an
approved practical nursing education program. Practical
nursing includes assisting in the nursing process under the
guidance of as delegated by a registered professional nurse or
an advanced practice registered nurse. The practical nurse may
work under the direction of a licensed physician, dentist,
podiatric physician, or other health care professional
determined by the Department.
"Privileged" means the authorization granted by the
governing body of a healthcare facility, agency, or
organization to provide specific patient care services within
well-defined limits, based on qualifications reviewed in the
credentialing process.
"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 this Act. 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.".
"Registered professional nursing practice" means a
scientific process founded on a professional body of knowledge
that includes, but is not limited to, the protection,
promotion, and optimization of health and abilities,
prevention of illness and injury, development and
implementation of the nursing plan of care, facilitation of
nursing interventions to alleviate suffering, care
coordination, and advocacy in the care of individuals,
families, groups, communities, and populations. "Registered
professional nursing practice" does not include the act of
medical diagnosis or prescription of medical therapeutic or
corrective measures. is a scientific process founded on a
professional body of knowledge; it is a learned profession
based on the understanding of the human condition across the
life span and environment and includes all nursing specialties
and means the performance of any nursing act based upon
professional knowledge, judgment, and skills acquired by means
of completion of an approved professional nursing education
program. A registered professional nurse provides holistic
nursing care 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 podiatric
physician, or a licensed optometrist or as prescribed by a
physician assistant or by an advanced practice nurse; (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 nursing students. The foregoing shall not be
deemed to include those acts of medical diagnosis or
prescription of therapeutic or corrective measures.
"Professional assistance program for nurses" means a
professional assistance program that meets criteria
established by the Board of Nursing and approved by the
Secretary, 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.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Unencumbered license" means a license issued in good
standing.
"Written collaborative agreement" means a written
agreement between an advanced practice registered nurse and a
collaborating physician, dentist, or podiatric physician
pursuant to Section 65-35.
(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
99-330, eff. 1-1-16; 99-642, eff. 7-28-16.)
(225 ILCS 65/50-13 new)
Sec. 50-13. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after such
change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 65/50-15) (was 225 ILCS 65/5-15)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-15. Policy; application of Act.
(a) 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 advanced,
professional, or 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 advanced, 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.
(b) This Act does not prohibit the following:
(1) 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 50-50, 55-10, 60-10, and 70-5 of
this Act.
(2) Nursing that is included in the program of study by
students enrolled in programs of nursing or in current
nurse practice update courses approved by the Department.
(3) The furnishing of nursing assistance in an
emergency.
(4) 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.
(5) 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.
(6) Persons from being employed as unlicensed
assistive personnel in private homes, long term care
facilities, nurseries, hospitals or other institutions.
(7) 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 this Act, until (i) the
expiration of 6 months after the filing of such written
application, (ii) the withdrawal of such application, or
(iii) the denial of such application by the Department.
(8) The practice of advanced practice registered
nursing by one who is an advanced practice registered nurse
under the laws of another state, territory of the United
States jurisdiction or a foreign jurisdiction , or country
and has applied in writing to the Department, in form and
substance satisfactory to the Department, for a license as
an advanced practice registered nurse and who is qualified
to receive such license under this Act, until (i) the
expiration of 6 months after the filing of such written
application, (ii) the withdrawal of such application, or
(iii) the denial of such application by the Department.
(9) The practice of professional nursing by one who is
a registered professional nurse under the laws of another
state, territory of the United States jurisdiction or a
foreign jurisdiction 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 55-10, until (1) the expiration of 6 months after
the filing of such written application, (2) the withdrawal
of such application, or (3) the denial of such application
by the Department.
(10) 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 jurisdiction or a foreign
jurisdiction 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 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.
(11) Any person licensed in this State under any other
Act from engaging in the practice for which she or he is
licensed.
(12) Delegation to authorized direct care staff
trained under Section 15.4 of the Mental Health and
Developmental Disabilities Administrative Act consistent
with the policies of the Department.
(13) (Blank). The practice, services, or activities of
persons practicing the specified occupations set forth in
subsection (a) of, and pursuant to a licensing exemption
granted in subsection (b) or (d) of, Section 2105-350 of
the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois, but only for so long as
the 2016 Olympic and Paralympic Games Professional
Licensure Exemption Law is operable.
(14) County correctional personnel from delivering
prepackaged medication for self-administration to an
individual detainee in a correctional facility.
Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician, dentist, or
podiatric physician to a licensed practical nurse, a registered
professional nurse, or other persons.
(Source: P.A. 98-214, eff. 8-9-13.)
(225 ILCS 65/50-20) (was 225 ILCS 65/5-20)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-20. Unlicensed practice; violation; civil penalty.
(a) In addition to any other penalty provided by law, any
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 $10,000 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. 95-639, eff. 10-5-07.)
(225 ILCS 65/50-26 new)
Sec. 50-26. Application for license. Applications for
licenses shall be made to the Department on forms prescribed by
the Department and accompanied by the required fee. All
applications shall contain the information that, in the
judgment of the Department, will enable the Department to pass
on the qualifications of the applicant for a license under this
Act.
If an applicant fails to obtain a license under this Act
within 3 years after filing his or her application, the
application shall be denied. The applicant may make a new
application, which shall be accompanied by the required
nonrefundable fee. The applicant shall be required to meet the
qualifications required for licensure at the time of
reapplication.
(225 ILCS 65/50-50) (was 225 ILCS 65/10-5)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-50. Prohibited acts.
(a) No person shall:
(1) Practice as an advanced practice registered nurse
without a valid license as an advanced practice registered
nurse, except as provided in Section 50-15 of this Act;
(2) Practice professional nursing without a valid
license as a registered professional nurse except as
provided in Section 50-15 of this Act;
(3) Practice practical nursing without a valid license
as a licensed practical nurse or practice practical
nursing, except as provided in Section 50-15 of this Act;
(4) Practice nursing under cover of any diploma,
license, or record illegally or fraudulently obtained or
signed or issued unlawfully or under fraudulent
representation;
(5) Practice nursing during the time her or his license
is suspended, revoked, expired, or on inactive status;
(6) 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, "Nurse,", "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;
(7) Use any words, abbreviations, figures, letters,
titles, signs, cards, or devices tending to imply that she
or he is an advanced practice registered nurse, including
the titles or initials "Advanced Practice Registered
Nurse", "A.P.R.N." "A.P.N.", or similar titles or
initials, with the intention of indicating practice as an
advanced practice registered nurse without a valid license
as an advanced practice registered nurse under this Act.
For purposes of this provision, the terms "advanced
practice nurse" and "A.P.N." are considered to be similar
titles or initials protected by this subsection (a).
(8) 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;
(9) Advertise services regulated under this Act
without including in every advertisement his or her title
as it appears on the license or the initials authorized
under this Act;
(10) Obtain or furnish a license by or for money or any
other thing of value other than the fees required under
this Act, or by any fraudulent representation or act;
(11) Make any willfully wilfully false oath or
affirmation required by this Act;
(12) Conduct a nursing education program preparing
persons for licensure that has not been approved by the
Department;
(13) 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;
(14) 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;
(15) Employ persons not licensed under this Act to
practice professional nursing or practical nursing; and
(16) (Blank); Otherwise intentionally violate any
provision of this Act.
(17) Retaliate against any nurse who reports unsafe,
unethical, or illegal health care practices or
conditions; .
(18) Be deemed a supervisor when delegating nursing
interventions or guiding the practice of a licensed
practical nurse activities or tasks as authorized under
this Act; and
(19) Discipline or take other adverse action against a
nurse who refused to delegate a nursing intervention based
on patient safety; and
(20) Otherwise intentionally violate any provision of
this Act.
(b) 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. 95-639, eff. 10-5-07.)
(225 ILCS 65/50-55) (was 225 ILCS 65/10-10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-55. Department powers and duties. Subject to the
provisions of this Act, the (a) The Department is authorized to
shall exercise the following functions, 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.
(1) Conduct or authorize examinations to ascertain the
fitness and qualifications of applicants for all licenses
governed by this Act, pass upon the qualifications of
applicants for licenses, and issue licenses to applicants
found to be fit and qualified.
(2) Adopt The Department shall adopt rules required for
the administration to implement, interpret, or make
specific the provisions and purposes of this Act, in
consultation with ; however no such rules shall be adopted
by the Department except upon review by the Board where
necessary.
(3) Prescribe rules for a method of examination of
candidates.
(4) Prescribe rules defining what constitutes an
approved program, school, college, or department of a
university, except that no program, school, college, or
department of a university that refuses admittance to
applicants solely on account of race, color, creed, sex, or
national origin shall be approved.
(5) Conduct hearings on proceedings to revoke or
suspend licenses or on objection to the issuance of
licenses and to revoke, suspend, or refuse to issue such
licenses.
(6) Prepare (b) The Department shall 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.
(7) Act (c) The Department may act upon the
recommendations of the Board of Nursing and the Illinois
Nursing Workforce Center for Nursing Advisory Board.
(8) Exercise the powers and duties prescribed by the
Civil Administrative Code of Illinois for the
administration of licensing Acts.
(Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)
(225 ILCS 65/50-60) (was 225 ILCS 65/10-15)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-60. Nursing Coordinator; Assistant Nursing
Coordinator. The Secretary shall appoint, pursuant to the
Personnel Code, a Nursing Coordinator and an Assistant Nursing
Coordinator. The Nursing Coordinator and Assistant Nursing
Coordinator shall be a registered professional nurse nurses
licensed in this State who has have graduated from an approved
school of nursing and holds hold at least a master's degree in
nursing from an accredited college or university.
(Source: P.A. 95-639, eff. 10-5-07.)
(225 ILCS 65/50-65) (was 225 ILCS 65/10-25)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-65. Board.
(a) The The term of each member of the Board of Nursing and
the Advanced Practice Nursing Board serving before the
effective date of this amendatory Act of the 95th General
Assembly shall terminate on the effective date of this
amendatory Act of the 95th General Assembly. Beginning on the
effective date of this amendatory Act of the 95th General
Assembly, the Secretary shall solicit recommendations from
nursing organizations and appoint the Board of Nursing, which
shall consist of 13 members, one of whom shall be a practical
nurse; one of whom shall be a practical nurse educator; one of
whom shall be a registered professional nurse in practice; one
of whom shall be an associate degree nurse educator; one of
whom shall be a baccalaureate degree nurse educator; one of
whom shall be a nurse who is actively engaged in direct care;
one of whom shall be a registered professional nurse actively
engaged in direct care; one of whom shall be a nursing
administrator; 4 of whom shall be advanced practice registered
nurses representing CNS, CNP, CNM, and CRNA practice; and one
of whom shall be a public member who is not employed in and has
no material interest in any health care field. The Board shall
receive actual and necessary expenses incurred in the
performance of their duties.
Members of the Board of Nursing and the Advanced Practice
Nursing Board whose terms were terminated by this amendatory
Act of the 95th General Assembly shall be considered for
membership positions on the Board.
All nursing members of the Board must be (i) residents of
this State, (ii) licensed in good standing to practice nursing
in this State, (iii) graduates of an approved nursing program,
with a minimum of 5 years' years experience in the field of
nursing, and (iv) at the time of appointment to the Board,
actively engaged in nursing or work related to nursing.
Membership terms shall be for 3 years, except that in
making initial appointments, the Secretary shall appoint all
members for initial terms of 2, 3, and 4 years and these terms
shall be staggered as follows: 3 shall be appointed for terms
of 2 years; 4 shall be appointed for terms of 3 years; and 6
shall be appointed for terms of 4 years. No member shall be
appointed to more than 2 consecutive terms. In the case of a
vacated position, an individual may be appointed to serve the
unexpired portion of that term; if the term is less than half
of a full term, the individual is eligible to serve 2 full
terms.
The Secretary may remove any member of the Board for
misconduct, incapacity, or neglect of duty. The Secretary shall
reduce to writing any causes for removal.
The Board shall meet annually to elect a chairperson and
vice chairperson. The Board shall hold regularly scheduled
meetings during the year. A simple majority of the Board shall
constitute a quorum at any meeting. Any action taken by the
Board must be on the affirmative vote of a simple majority of
members. Voting by proxy shall not be permitted. In the case of
an emergency where all Board members cannot meet in person, the
Board may convene a meeting via an electronic format in
accordance with the Open Meetings Act.
(b) The Board may perform each of the following activities:
(1) Recommend to the Department the adoption and the
revision of rules necessary for the administration of this
Act;
(2) Recommend the approval, denial of approval,
withdrawal of approval, or discipline of nursing education
programs;
(c) The Board shall participate in disciplinary
conferences and hearings and make recommendations to the
Department regarding disciplinary action taken against a
licensee as provided under this Act. Disciplinary conference
hearings and proceedings regarding scope of practice issues
shall be conducted by a Board member at the same or higher
licensure level as the respondent. Participation in an informal
conference shall not bar members of the Board from future
participation or decisions relating to that matter.
(d) (Blank). With the exception of emergency rules, any
proposed rules, amendments, second notice materials, and
adopted rule or amendment materials or policy statements
concerning advanced practice nurses shall be presented to the
Medical Licensing Board for review and comment. The
recommendations of both the Board of Nursing and the Medical
Licensing Board shall be presented to the Secretary for
consideration in making final decisions. Whenever the Board of
Nursing and Medical Licensing Board disagree on a proposed rule
or policy, the Secretary shall convene a joint meeting of the
officers of each Board to discuss resolution of any
disagreements.
(Source: P.A. 95-639, eff. 10-5-07.)
(225 ILCS 65/50-70) (was 225 ILCS 65/10-35)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-70. Concurrent theory and clinical practice
education requirements of this Act. The educational
requirements of Sections 55-10 and 60-10 of this Act 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. The Department may, upon recommendation
of the Board, grant an Illinois license to those applicants who
have received advanced graduate degrees in nursing from an
approved program with concurrent theory and clinical practice
or to those applicants who are currently licensed in another
state and have been actively practicing clinical nursing for a
minimum of 2 years.
(Source: P.A. 95-639, eff. 10-5-07.)
(225 ILCS 65/50-75)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-75. Nursing delegation by a registered
professional nurse.
(a) For the purposes of this Section:
"Delegation" means transferring to a specific an
individual the authority to perform a specific nursing
intervention in a specific selected nursing activity or task,
in a selected situation.
"Predictability of outcomes" means that a registered
professional nurse or advanced practice registered nurse has
determined that the patient's or individual's clinical status
is stable and expected to improve or the patient's or
individual's deteriorating condition is expected to follow a
known or expected course.
"Stability" means a registered professional nurse or
advanced practice registered nurse has determined that the
individual's clinical status and nursing care needs are
consistent.
"Nursing activity" means any work requiring the use of
knowledge acquired by completion of an approved program for
licensure, including advanced education, continuing education,
and experience as a licensed practical nurse or professional
nurse, as defined by the Department by rule.
"Task" means work not requiring nursing knowledge,
judgment, or decision-making, as defined by the Department by
rule.
(b) This Section authorizes a registered professional
nurse or advanced practice registered nurse to:
(1) delegate nursing interventions to other registered
professional nurses, licensed practical nurses, and other
unlicensed personnel based on the comprehensive nursing
assessment that includes, but is not limited to:
(A) the stability and condition of the patient;
(B) the potential for harm;
(C) the complexity of the nursing intervention to
be delegated;
(D) the predictability of outcomes; and
(E) competency of the individual to whom the
nursing intervention is delegated;
(2) delegate medication administration to other
licensed nurses;
(3) in community-based or in-home care settings,
delegate the administration of medication (limited to oral
or subcutaneous dosage and topical or transdermal
application) to unlicensed personnel, if all the
conditions for delegation set forth in this Section are
met;
(4) refuse to delegate, stop, or rescind a previously
authorized delegation; or Nursing shall be practiced by
licensed practical nurses, registered professional nurses,
and advanced practice nurses. In the delivery of nursing
care, nurses work with many other licensed professionals
and other persons. An advanced practice nurse may delegate
to registered professional nurses, licensed practical
nurses, and others persons.
(5) in community-based or in-home care settings,
delegate, guide, and evaluate the implementation of
nursing interventions as a component of patient care
coordination after completion of the comprehensive patient
assessment based on analysis of the comprehensive nursing
assessment data; care coordination in in-home care and
school settings may occur in person, by telecommunication,
or by electronic communication.
(c) This Section prohibits the following:
(1) An individual or entity from mandating that a
registered professional nurse delegate nursing
interventions if the registered professional nurse
determines it is inappropriate to do so. Nurses shall not
be subject to disciplinary or any other adverse action for
refusing to delegate a nursing intervention based on
patient safety.
(2) The delegation of medication administration to
unlicensed personnel in any institutional or long-term
facility, including, but not limited to, those facilities
licensed by the Hospital Licensing Act, the University of
Illinois Hospital Act, State-operated mental health
hospitals, or State-operated developmental centers, except
as authorized under Article 80 of this Act or otherwise
specifically authorized by law.
(3) A registered professional nurse from delegating
nursing judgment, the comprehensive patient assessment,
the development of a plan of care, and the evaluation of
care to licensed or unlicensed personnel.
(4) A licensed practical nurse or unlicensed personnel
who has been delegated a nursing intervention from
re-delegating a nursing intervention. A registered
professional nurse shall not delegate any nursing activity
requiring the specialized knowledge, judgment, and skill
of a licensed nurse to an unlicensed person, including
medication administration. A registered professional nurse
may delegate nursing activities to other registered
professional nurses or licensed practical nurses.
A registered nurse may delegate tasks to other licensed and
unlicensed persons. A licensed practical nurse who has been
delegated a nursing activity shall not re-delegate the nursing
activity. A registered professional nurse or advanced practice
nurse retains the right to refuse to delegate or to stop or
rescind a previously authorized delegation.
(Source: P.A. 95-639, eff. 10-5-07.)
(225 ILCS 65/55-10) (was 225 ILCS 65/10-30)
(Section scheduled to be repealed on January 1, 2018)
Sec. 55-10. LPN licensure by examination Qualifications
for LPN licensure.
(a) Each applicant who successfully meets the requirements
of this Section is eligible for shall be entitled to licensure
as a licensed practical nurse Licensed Practical Nurse.
(b) An applicant for licensure by examination to practice
as a practical nurse is eligible for licensure when the
following requirements are met must do each of the following:
(1) the applicant has submitted Submit a completed
written application, on forms provided by the Department
and fees as established by the Department; .
(2) the applicant has Have graduated from a practical
nursing education program approved by the Department or has
have been granted a certificate of completion of
pre-licensure requirements from another United States
jurisdiction; .
(3) the applicant has successfully completed
Successfully complete a licensure examination approved by
the Department; .
(4) (blank); Have not violated the provisions of this
Act concerning the grounds for disciplinary action. 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.
(5) the applicant has submitted Submit to the criminal
history records check required under Section 50-35 of this
Act; .
(6) the applicant has submitted Submit 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; and .
(7) the applicant has met Meet all other requirements
established by rule.
An applicant for licensure by examination may take the
Department-approved examination in another jurisdiction.
(b-5) If an applicant for licensure by examination
neglects, fails, or refuses to take an examination or fails to
pass an examination for a license under this Act within 3 years
of the date of initial application after filing the
application, the application shall be denied. When an
applicant's application is denied due to the failure to pass
the examination within the 3-year period, that applicant must
undertake an additional course of education as defined by rule
prior to submitting a new application for licensure. Any new
application must be accompanied by the required fee, evidence
of meeting the requirements in force at the time of the new
application, and evidence of completion of the additional
course of education prescribed by rule. The applicant must
enroll in and complete an approved practical nursing education
program prior to submitting an additional application for the
licensure exam.
An applicant may take and successfully complete a
Department-approved examination in another jurisdiction.
However, an applicant who has never been licensed previously in
any jurisdiction that utilizes a Department-approved
examination and who has taken and failed to pass the
examination within 3 years after filing the application must
submit proof of successful completion of a
Department-authorized nursing education program or
recompletion of an approved licensed practical nursing program
prior to re-application.
(c) An applicant for licensure by examination 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 retake and pass the examination unless
licensed in another jurisdiction of the United States.
(d) A licensed practical nurse applicant who passes the
Department-approved licensure examination and has applied to
the Department for licensure may obtain employment as a
license-pending practical nurse and practice as delegated by a
registered professional nurse or an advanced practice
registered nurse or physician. An individual may be employed as
a license-pending practical nurse if all of the following
criteria are met:
(1) He or she has completed and passed the
Department-approved licensure exam and presents to the
employer the official written notification indicating
successful passage of the licensure examination.
(2) He or she has completed and submitted to the
Department an application for licensure under this Section
as a practical nurse.
(3) He or she has submitted the required licensure fee.
(4) He or she has met all other requirements
established by rule, including having submitted to a
criminal history records check.
(e) The privilege to practice as a license-pending
practical nurse shall terminate with the occurrence of any of
the following:
(1) Three months have passed since the official date of
passing the licensure exam as inscribed on the formal
written notification indicating passage of the exam. This
3-month period may be extended as determined by rule.
(2) Receipt of the practical nurse license from the
Department.
(3) Notification from the Department that the
application for licensure has been denied.
(4) A request by the Department that the individual
terminate practicing as a license-pending practical nurse
until an official decision is made by the Department to
grant or deny a practical nurse license.
(f) (Blank). An applicant for licensure by endorsement who
is a licensed practical nurse licensed by examination under the
laws of another state or territory of the United States or a
foreign country, jurisdiction, territory, or province must do
each of the following:
(1) Submit a completed written application, on forms
supplied by the Department, and fees as established by the
Department.
(2) Have graduated from a practical nursing education
program approved by the Department.
(3) Submit verification of licensure status directly
from the United States jurisdiction of licensure, if
applicable, as defined by rule.
(4) Submit to the criminal history records check
required under Section 50-35 of this Act.
(5) Meet all other requirements as established by the
Department by rule.
(g) All applicants for practical nurse licensure by
examination or endorsement who are graduates of nursing
educational programs in a country other than the United States
or its territories shall have their nursing education
credentials evaluated by a Department-approved nursing
credentialing evaluation service. No such applicant may be
issued a license under this Act unless the applicant's program
is deemed by the nursing credentialing evaluation service to be
equivalent to a professional nursing education program
approved by the Department. An applicant who has graduated from
a nursing educational program outside of the United States or
its territories and whose first language is not English shall
submit evidence of English proficiency certification of
passage of the Test of English as a Foreign Language (TOEFL),
as defined by rule. The Department may, upon recommendation
from the nursing evaluation service, waive the requirement that
the applicant pass the TOEFL examination if the applicant
submits verification of the successful completion of a nursing
education program conducted in English. The requirements of
this subsection (d) may be satisfied by the showing of proof of
a certificate from the Certificate Program or the VisaScreen
Program of the Commission on Graduates of Foreign Nursing
Schools.
(h) (Blank). 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 have her or his nursing education credentials
evaluated by a Department-approved nursing credentialing
evaluation service. No such applicant may be issued a license
under this Act unless the applicant's program is deemed by the
nursing credentialing evaluation service to be equivalent to a
professional nursing education program approved by the
Department. An applicant who has graduated from a nursing
educational program outside of the United States or its
territories and whose first language is not English shall
submit certification of passage of the Test of English as a
Foreign Language (TOEFL), as defined by rule. The Department
may, upon recommendation from the nursing evaluation service,
waive the requirement that the applicant pass the TOEFL
examination if the applicant submits verification of the
successful completion of a nursing education program conducted
in English or the successful passage of an approved licensing
examination given in English. The requirements of this
subsection (d-5) may be satisfied by the showing of proof of a
certificate from the Certificate Program or the VisaScreen
Program of the Commission on Graduates of Foreign Nursing
Schools.
(i) (Blank). A licensed practical nurse who holds an
unencumbered license in good standing in another United States
jurisdiction and who has applied for practical nurse licensure
under this Act by endorsement may be issued a temporary
license, if satisfactory proof of such licensure in another
jurisdiction is presented to the Department. The Department
shall not issue an applicant a temporary practical nurse
license until it 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
another jurisdiction, the Department may not issue a temporary
license until the Department 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 all of the following to the Department:
(1) A completed application for licensure as a
practical nurse.
(2) Proof of a current, active license in at least one
other jurisdiction of the United States and proof that each
current active license or temporary license held by the
applicant within the last 5 years is unencumbered.
(3) A signed and completed application for a temporary
license.
(4) The required temporary license fee.
(j) (Blank). 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 that is:
(i) a felony; or (ii) a misdemeanor directly related to the
practice of the profession, within the last 5 years;
(2) the applicant has had a license or permit related
to the practice of practical nursing revoked, suspended, or
placed on probation by another jurisdiction within the last
5 years and 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) the Department intends to deny licensure by
endorsement.
(k) (Blank). The Department may revoke a temporary license
issued pursuant to this Section if it determines any of the
following:
(1) 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) 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, and at least one of the grounds for revoking,
suspending, or placing on probation is the same or
substantially equivalent to grounds for disciplinary
action under this Act.
(3) That the Department intends to deny licensure by
endorsement.
(l) (Blank). 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 and upon
approval of the Secretary. However, a temporary license shall
automatically expire upon issuance of a valid license under
this Act or upon notification that the Department intends to
deny licensure, whichever occurs first.
(m) All applicants for practical nurse licensure have 3
years from the date of application to complete the application
process. If the process has not been completed within 3 years
from the date of application, the application shall be denied,
the fee forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07;
95-639, eff. 10-5-07.)
(225 ILCS 65/55-11 new)
Sec. 55-11. LPN licensure by endorsement.
(a) Each applicant who successfully meets the requirements
of this Section is eligible for licensure as a licensed
practical nurse.
(b) An applicant for licensure by endorsement who is a
licensed practical nurse licensed by examination under the laws
of another United States jurisdiction or a foreign jurisdiction
is eligible for licensure when the following requirements are
met:
(1) the applicant has submitted a completed written
application on forms supplied by the Department and fees as
established by the Department;
(2) the applicant has graduated from a practical
nursing education program approved by the Department;
(2.5) the applicant has successfully completed a
licensure examination approved by the Department;
(3) the applicant has been issued a licensed practical
nurse license by another United States or foreign
jurisdiction, which shall be verified, as defined by rule;
(4) the applicant has submitted to the criminal history
records check required under Section 50-35 of this Act; and
(5) the applicant has met all other requirements as
established by the Department by rule.
(c) 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 have her or his nursing education credentials evaluated
by a Department-approved nursing credentialing evaluation
service. No such applicant may be issued a license under this
Act unless the applicant's program is deemed by the nursing
credentialing evaluation service to be equivalent to a
professional nursing education program approved by the
Department. An applicant who has graduated from a nursing
education program outside of the United States or its
territories and whose first language is not English shall
submit evidence of English proficiency, as defined by rule.
(d) A licensed practical nurse who holds an unencumbered
license in good standing in another United States jurisdiction
and who has applied for practical nurse licensure under this
Act by endorsement may be issued a temporary permit if
satisfactory proof of such licensure in another jurisdiction is
presented to the Department. The Department shall not issue an
applicant a temporary practical nurse permit until it 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 permits from another jurisdiction, the
Department may not issue a temporary permit until the
Department is satisfied that each current active license held
by the applicant is unencumbered. The temporary permit, which
shall be issued no later than 14 working days following receipt
by the Department of an application for the temporary permit,
shall be granted upon the submission of all of the following to
the Department:
(1) a completed application for licensure as a
practical nurse;
(2) proof of a current, active license in at least one
other jurisdiction of the United States and proof that each
current active license or temporary permit held by the
applicant within the last 5 years is unencumbered;
(3) a signed and completed application for a temporary
permit; and
(4) the required temporary permit fee.
(e) The Department may refuse to issue an applicant a
temporary permit authorized pursuant to this Section if, within
14 working days following its receipt of an application for a
temporary permit, the Department determines that:
(1) the applicant has been convicted of a crime under
the laws of a 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) the applicant has had a license or permit related
to the practice of practical nursing revoked, suspended, or
placed on probation by another jurisdiction within the last
5 years and 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) the Department intends to deny licensure by
endorsement.
(f) The Department may revoke a temporary permit issued
pursuant to this Section if it determines that:
(1) 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) 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, and at least one of the grounds for revoking,
suspending, or placing on probation is the same or
substantially equivalent to grounds for disciplinary
action under this Act; or
(3) the Department intends to deny licensure by
endorsement.
(g) A temporary permit shall expire 6 months after the date
of issuance. Further renewal may be granted by the Department
in hardship cases, as defined by rule and upon approval of the
Secretary. However, a temporary permit shall automatically
expire upon issuance of a valid license under this Act or upon
notification that the Department intends to deny licensure,
whichever occurs first.
(h) All applicants for practical nurse licensure have 3
years after the date of application to complete the application
process. If the process has not been completed within 3 years
after the date of application, 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 65/55-20)
(Section scheduled to be repealed on January 1, 2018)
Sec. 55-20. Restoration of LPN license; temporary permit.
(a) Any license to practice practical nursing issued under
this Act that has expired or that is on inactive status may be
restored by making application to the Department and filing
proof of fitness acceptable to the Department, as specified by
rule, to have the license restored, and by paying the required
restoration fee. Such proof of fitness may include evidence
certifying active lawful practice in another jurisdiction.
(b) A practical nurse licensee seeking restoration of a
license after it has expired or been placed on inactive status
for more than 5 years shall file an application, on forms
supplied by the Department, and submit the restoration or
renewal fees set forth by the Department. The licensee must
also submit proof of fitness to practice, as specified by rule.
, including one of the following:
(1) certification of active practice in another
jurisdiction, which may include a statement from the
appropriate board or licensing authority in the other
jurisdiction that the licensee was authorized to practice
during the term of said active practice;
(2) proof of the successful completion of a
Department-approved licensure examination; or
(3) an affidavit attesting to military service as
provided in subsection (c) of this Section; however, if
application is made within 2 years after discharge and if
all other provisions of subsection (c) of this Section are
satisfied, the applicant shall be required to pay the
current renewal fee.
(c) Notwithstanding any other provision of this Act, any
license to practice practical nursing issued under this Act
that expired while the licensee was (i) in federal service on
active duty with the Armed Forces of the United States or in
the State Militia and called into service or training or (ii)
in training or education under the supervision of the United
States preliminary to induction into the military service may
have the license restored without paying any lapsed renewal
fees if, within 2 years after honorable termination of such
service, training, or education, the applicant furnishes the
Department with satisfactory evidence to the effect that the
applicant has been so engaged and that the individual's
service, training, or education has been so terminated.
(d) Any practical nurse licensee who shall engage in the
practice of practical nursing with a lapsed license or while on
inactive status shall be considered to be practicing without a
license, which shall be grounds for discipline under Section
70-5 of this Act.
(e) Pending restoration of a license under this Section,
the Department may grant an applicant a temporary permit to
practice as a 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 another jurisdiction, the Department
shall not issue a temporary permit until it is satisfied that
each current active license held by the applicant is
unencumbered. The temporary permit, which shall be issued no
later than 14 working days after receipt by the Department of
an application for the permit, shall be granted upon the
submission of all of the following to the Department:
(1) A signed and completed application for restoration
of licensure under this Section as a licensed practical
nurse.
(2) Proof of (i) a current, active license in at least
one other jurisdiction and proof that each current, active
license or temporary permit held by the applicant is
unencumbered or (ii) fitness to practice nursing in this
State, as specified by rule.
(3) A signed and completed application for a temporary
permit.
(4) The required permit fee.
(f) The Department may refuse to issue to an applicant a
temporary permit authorized under this Section if, within 14
working days after its receipt of an application for a
temporary permit, the Department determines that:
(1) the applicant has been convicted within the last 5
years of any crime under the laws of any jurisdiction of
the United States that is (i) a felony or (ii) a
misdemeanor directly related to the practice of the
profession;
(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 for disciplinary
action under this Act; or
(3) the Department intends to deny restoration of the
license.
(g) The Department may revoke a temporary permit issued
under this Section if:
(1) the Department determines that the applicant has
been convicted within the last 5 years of any crime under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor directly related to the
practice of the profession;
(2) within the last 5 years, the applicant had a
license or permit related to the practice of nursing
revoked, suspended, or placed on probation by another
jurisdiction and at least one of the grounds for revoking,
suspending, or placing on probation is the same or
substantially equivalent to grounds for disciplinary
action under this Act; or
(3) the Department intends to deny restoration of the
license.
(h) A temporary permit or renewed temporary permit shall
expire (i) upon issuance of a valid license under this Act or
(ii) upon notification that the Department intends to deny
restoration of licensure. Except as otherwise provided in this
Section, the temporary permit shall expire 6 months after the
date of issuance. Further renewal may be granted by the
Department in hardship cases that shall automatically expire
upon issuance of a valid license under this Act 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 Secretary.
Notification by the Department under this Section must be by
certified or registered mail to the address of record or by
email to the email address of record.
(Source: P.A. 95-639, eff. 10-5-07.)
(225 ILCS 65/55-30)
(Section scheduled to be repealed on January 1, 2018)
Sec. 55-30. LPN scope of practice.
(a) Practice as a licensed practical nurse means a scope of
basic nursing practice, with or without compensation, under the
guidance of as delegated by a registered professional nurse or
an advanced practice registered nurse, or as directed by a
physician assistant, physician, dentist, or podiatric
physician, or other health care professionals as determined by
the Department, and includes, but is not limited to, all of the
following:
(1) Conducting a focused nursing assessment and
contributing to the ongoing comprehensive nursing
assessment of the patient performed by the registered
professional nurse. Collecting data and collaborating in
the assessment of the health status of a patient.
(2) Collaborating in the development and modification
of the registered professional nurse's or advanced
practice registered nurse's comprehensive nursing plan of
care for all types of patients.
(3) Implementing aspects of the plan of care as
delegated.
(4) Participating in health teaching and counseling to
promote, attain, and maintain the optimum health level of
patients, as delegated.
(5) Serving as an advocate for the patient by
communicating and collaborating with other health service
personnel, as delegated.
(6) Participating in the evaluation of patient
responses to interventions.
(7) Communicating and collaborating with other health
care professionals as delegated.
(8) Providing input into the development of policies
and procedures to support patient safety.
(Source: P.A. 98-214, eff. 8-9-13.)
(225 ILCS 65/60-5)
(Section scheduled to be repealed on January 1, 2018)
Sec. 60-5. RN education program requirements; out-of-State
programs.
(a) All registered professional nurse education programs
must be reviewed by the Board and approved by the Department
before the successful completion of such a program may be
applied toward meeting the requirements for registered
professional nurse licensure under this Act. Any program
changing the level of educational preparation or the
relationship with or to the parent institution or establishing
an extension of an existing program must request a review by
the Board and approval by the Department. The Board shall
review and make a recommendation for the approval or
disapproval of a program by the Department based on the
following criteria:
(1) a feasibility study that describes the need for the
program and the facilities used, the potential of the
program to recruit faculty and students, financial support
for the program, and other criteria, as established by
rule;
(2) program curriculum that meets all State
requirements;
(3) the administration of the program by a Nurse
Administrator and the involvement of a Nurse Administrator
in the development of the program; and
(4) the occurrence of a site visit prior to approval;
and .
(5) beginning December 31, 2022, obtaining and
maintaining programmatic accreditation by a national
accrediting body for nursing education recognized by the
United States Department of Education and approved by the
Department.
The Department and Board of Nursing shall be notified
within 30 days if the program loses its accreditation. The
Department may adopt rules regarding a warning process and
reaccreditation.
(b) In order to obtain initial Department approval and to
maintain Department approval, a registered professional
nursing program must meet all of the following requirements:
(1) The institution responsible for conducting the
program and the Nurse Administrator must ensure that
individual faculty members are academically and
professionally competent.
(2) The program curriculum must contain all applicable
requirements established by rule, including both theory
and clinical components.
(3) The passage rates of the program's graduating
classes on the State-approved licensure exam must be deemed
satisfactory by the Department.
(c) Program site visits to an institution conducting or
hosting a professional nursing program may be made at the
discretion of the Nursing Coordinator or upon recommendation of
the Board. Full routine site visits may shall be conducted by
the Department for periodic evaluation. Such The visits shall
be used to determine compliance with this Act. Full routine
site visits must be announced and may be waived at the
discretion of the Department if the program maintains
accreditation with an accrediting body recognized by the United
States Department of Education and approved by the Department
the National League for Nursing Accrediting Commission (NLNAC)
or the Commission on Collegiate Nursing Education (CCNE).
(d) Any institution conducting a registered professional
nursing program that wishes to discontinue the program must do
each of the following:
(1) Notify the Department, in writing, of its intent to
discontinue the program.
(2) Continue to meet the requirements of this Act and
the rules adopted thereunder until the official date of
termination of the program.
(3) Notify the Department of the date on which the last
student shall graduate from the program and the program
shall terminate.
(4) Assist remaining students in the continuation of
their education in the event of program termination prior
to the graduation of the program's final student.
(5) Upon the closure of the program, notify the
Department, in writing, of the location of student and
graduate records' storage.
(e) Out-of-State registered professional nursing education
programs planning to offer clinical practice experiences in
this State must meet the requirements set forth in this Section
and must meet the clinical and faculty requirements for
institutions outside of this State, as established by rule. The
institution responsible for conducting an out-of-State
registered professional nursing education program and the
administrator of the program shall be responsible for ensuring
that the individual faculty and preceptors overseeing the
clinical experience are academically and professionally
competent.
(Source: P.A. 95-639, eff. 10-5-07.)
(225 ILCS 65/60-10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 60-10. RN licensure by examination Qualifications for
RN licensure.
(a) Each applicant who successfully meets the requirements
of this Section is eligible for shall be entitled to licensure
as a registered professional nurse.
(b) An applicant for licensure by examination to practice
as a registered professional nurse is eligible for licensure
when the following requirements are met must do each of the
following:
(1) the applicant has submitted Submit a completed
written application, on forms provided by the Department,
and fees, as established by the Department; .
(2) the applicant has Have graduated from a
professional nursing education program approved by the
Department or has have been granted a certificate of
completion of pre-licensure requirements from another
United States jurisdiction; .
(3) the applicant has successfully completed
Successfully complete a licensure examination approved by
the Department; .
(4) (blank); Have not violated the provisions of this
Act concerning the grounds for disciplinary action. The
Department may take into consideration any felony
conviction of the applicant, but such a conviction may not
operate as an absolute bar to licensure.
(5) the applicant has submitted Submit to the criminal
history records check required under Section 50-35 of this
Act; .
(6) the applicant has submitted Submit, either to the
Department or its designated testing service, a fee
covering the cost of providing the examination; failure .
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; and .
(7) the applicant has met Meet all other requirements
established by the Department by rule.
An applicant for licensure by examination may take the
Department-approved examination in another jurisdiction.
(b-5) If an applicant for licensure by examination
neglects, fails, or refuses to take an examination or fails to
pass an examination for a license within 3 years of the date of
initial application after filing the application, the
application shall be denied. When an applicant's application is
denied due to the failure to pass the examination within the
3-year period, that applicant must undertake an additional
course of education as defined by rule prior to submitting a
new application for licensure. Any new application must be
accompanied by the required fee, evidence of meeting the
requirements in force at the time of the new application, and
evidence of completion of the additional course of education
prescribed by rule. The applicant may make a new application
accompanied by the required fee, evidence of meeting the
requirements in force at the time of the new application, and
proof of the successful completion of at least 2 additional
years of professional nursing education.
(c) An applicant for licensure by examination shall have
one year after the date of notification of the 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 retake and pass the examination
unless licensed in another jurisdiction of the United States.
(d) An applicant for licensure by examination who passes
the Department-approved licensure examination for professional
nursing may obtain employment as a license-pending registered
nurse and practice under the direction of a registered
professional nurse or an advanced practice registered nurse
until such time as he or she receives his or her license to
practice or until the license is denied. In no instance shall
any such applicant practice or be employed in any management
capacity. An individual may be employed as a license-pending
registered nurse if all of the following criteria are met:
(1) He or she has completed and passed the
Department-approved licensure exam and presents to the
employer the official written notification indicating
successful passage of the licensure examination.
(2) He or she has completed and submitted to the
Department an application for licensure under this Section
as a registered professional nurse.
(3) He or she has submitted the required licensure fee.
(4) He or she has met all other requirements
established by rule, including having submitted to a
criminal history records check.
(e) The privilege to practice as a license-pending
registered nurse shall terminate with the occurrence of any of
the following:
(1) Three months have passed since the official date of
passing the licensure exam as inscribed on the formal
written notification indicating passage of the exam. The
3-month license pending period may be extended if more time
is needed by the Department to process the licensure
application.
(2) Receipt of the registered professional nurse
license from the Department.
(3) Notification from the Department that the
application for licensure has been refused.
(4) A request by the Department that the individual
terminate practicing as a license-pending registered nurse
until an official decision is made by the Department to
grant or deny a registered professional nurse license.
(f) (Blank). An applicant for registered professional
nurse licensure by endorsement who is a registered professional
nurse licensed by examination under the laws of another state
or territory of the United States must do each of the
following:
(1) Submit a completed written application, on forms
supplied by the Department, and fees as established by the
Department.
(2) Have graduated from a registered professional
nursing education program approved by the Department.
(3) Submit verification of licensure status directly
from the United States jurisdiction of licensure, if
applicable, as defined by rule.
(4) Submit to the criminal history records check
required under Section 50-35 of this Act.
(5) Meet all other requirements as established by the
Department by rule.
(g) (Blank). Pending the issuance of a license under this
Section, the Department may grant an applicant a temporary
license to practice nursing as a registered professional nurse
if the Department is satisfied that the applicant holds an
active, unencumbered license in good standing in another U.S.
jurisdiction. If the applicant holds more than one current
active license or one or more active temporary licenses from
another jurisdiction, the Department may not issue a temporary
license until the Department 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 after receipt by the Department of an application
for the temporary license, shall be granted upon the submission
of all of the following to the Department:
(1) A completed application for licensure as a
registered professional nurse.
(2) Proof of a current, active license in at least one
other jurisdiction of the United States and proof that each
current active license or temporary license held by the
applicant within the last 5 years is unencumbered.
(3) A completed application for a temporary license.
(4) The required temporary license fee.
(h) (Blank). The Department may refuse to issue an
applicant a temporary license authorized pursuant to this
Section if, within 14 working days after 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 that is (i)
a felony or (ii) a misdemeanor directly related to the
practice of the profession, within the last 5 years;
(2) the applicant has had a license or permit related
to the practice of nursing revoked, suspended, or placed on
probation by another jurisdiction within the last 5 years,
if at least one of the grounds for revoking, suspending, or
placing on probation is the same or substantially
equivalent to grounds for disciplinary action under this
Act; or
(3) the Department intends to deny licensure by
endorsement.
(i) (Blank). The Department may revoke a temporary license
issued pursuant to this Section if it determines any of the
following:
(1) That the applicant has been convicted of a crime
under the laws 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) 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 for disciplinary
action under this Act.
(3) That it intends to deny licensure by endorsement.
(j) (Blank). A temporary license issued under this Section
shall expire 6 months after the date of issuance. Further
renewal may be granted by the Department in hardship cases, as
defined by rule and upon approval of the Secretary. 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.
(k) All applicants for registered professional nurse
licensure have 3 years after the date of application to
complete the application process. If the process has not been
completed within 3 years after the date of application, the
application shall be denied, the fee forfeited, and the
applicant must reapply and meet the requirements in effect at
the time of reapplication.
(l) All applicants for registered nurse licensure by
examination or endorsement who are graduates of practical
nursing educational programs in a country other than the United
States and its territories shall have their nursing education
credentials evaluated by a Department-approved nursing
credentialing evaluation service. No such applicant may be
issued a license under this Act unless the applicant's program
is deemed by the nursing credentialing evaluation service to be
equivalent to a professional nursing education program
approved by the Department. An applicant who has graduated from
a nursing educational program outside of the United States or
its territories and whose first language is not English shall
submit evidence of English proficiency certification of
passage of the Test of English as a Foreign Language (TOEFL),
as defined by rule. The Department may, upon recommendation
from the nursing evaluation service, waive the requirement that
the applicant pass the TOEFL examination if the applicant
submits verification of the successful completion of a nursing
education program conducted in English. The requirements of
this subsection (l) may be satisfied by the showing of proof of
a certificate from the Certificate Program or the VisaScreen
Program of the Commission on Graduates of Foreign Nursing
Schools.
(m) (Blank). 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 have her or his nursing education credentials
evaluated by a Department-approved nursing credentialing
evaluation service. No such applicant may be issued a license
under this Act unless the applicant's program is deemed by the
nursing credentialing evaluation service to be equivalent to a
professional nursing education program approved by the
Department. An applicant who has graduated from a nursing
educational program outside of the United States or its
territories and whose first language is not English shall
submit certification of passage of the Test of English as a
Foreign Language (TOEFL), as defined by rule. The Department
may, upon recommendation from the nursing evaluation service,
waive the requirement that the applicant pass the TOEFL
examination if the applicant submits verification of the
successful completion of a nursing education program conducted
in English or the successful passage of an approved licensing
examination given in English. The requirements of this
subsection (m) may be satisfied by the showing of proof of a
certificate from the Certificate Program or the VisaScreen
Program of the Commission on Graduates of Foreign Nursing
Schools.
(Source: P.A. 95-639, eff. 10-5-07.)
(225 ILCS 65/60-11 new)
Sec. 60-11. RN licensure by endorsement.
(a) Each applicant who successfully meets the requirements
of this Section is eligible for licensure as a registered
professional nurse.
(b) An applicant for registered professional nurse
licensure by endorsement who is a registered professional nurse
licensed by examination under the laws of another United States
jurisdiction or a foreign jurisdiction is eligible for
licensure when the following requirements are met:
(1) the applicant has submitted a completed written
application, on forms supplied by the Department, and fees
as established by the Department;
(2) the applicant has graduated from a registered
professional nursing education program approved by the
Department;
(2.5) the applicant has successfully completed a
licensure examination approved by the Department;
(3) the applicant has been issued a registered
professional nurse license by another United States or
foreign jurisdiction, which shall be verified, as defined
by rule;
(4) the applicant has submitted to the criminal history
records check required under Section 50-35 of this Act; and
(5) the applicant has met all other requirements as
established by the Department by rule.
(c) Pending the issuance of a license under this Section,
the Department may grant an applicant a temporary permit to
practice nursing as a registered professional nurse if the
Department is satisfied that the applicant holds an active,
unencumbered license in good standing in another United States
jurisdiction. If the applicant holds more than one current
active license or one or more active temporary licenses from
another jurisdiction, the Department may not issue a temporary
permit until the Department is satisfied that each current
active license held by the applicant is unencumbered. The
temporary permit, which shall be issued no later than 14
working days after receipt by the Department of an application
for the temporary permit, shall be granted upon the submission
of all of the following to the Department:
(1) a completed application for licensure as a
registered professional nurse;
(2) proof of a current, active license in at least one
other jurisdiction of the United States and proof that each
current active license or temporary license held by the
applicant within the last 5 years is unencumbered;
(3) a completed application for a temporary permit; and
(4) the required temporary permit fee.
(d) The Department may refuse to issue an applicant a
temporary permit authorized pursuant to this Section if, within
14 working days after its receipt of an application for a
temporary permit, the Department determines that:
(1) the applicant has been convicted of a crime under
the laws of a 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) the applicant has had a license or permit related
to the practice of nursing revoked, suspended, or placed on
probation by another jurisdiction within the last 5 years,
if at least one of the grounds for revoking, suspending, or
placing on probation is the same or substantially
equivalent to grounds for disciplinary action under this
Act; or
(3) the Department intends to deny licensure by
endorsement.
(e) The Department may revoke a temporary permit issued
pursuant to this Section if it determines that:
(1) the applicant has been convicted of a crime under
the laws 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) 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 for disciplinary
action under this Act; or
(3) the Department intends to deny licensure by
endorsement.
(f) A temporary permit issued under this Section shall
expire 6 months after the date of issuance. Further renewal may
be granted by the Department in hardship cases, as defined by
rule and upon approval of the Secretary. However, a temporary
permit shall automatically expire upon issuance of the Illinois
license or upon notification that the Department intends to
deny licensure, whichever occurs first.
(g) All applicants for registered professional nurse
licensure have 3 years after the date of application to
complete the application process. If the process has not been
completed within 3 years after the date of application, the
application shall be denied, the fee forfeited, and the
applicant must reapply and meet the requirements in effect at
the time of reapplication.
(h) 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 have her or his nursing education credentials evaluated
by a Department-approved nursing credentialing evaluation
service. No such applicant may be issued a license under this
Act unless the applicant's program is deemed by the nursing
credentialing evaluation service to be equivalent to a
professional nursing education program approved by the
Department. An applicant who has graduated from a nursing
education program outside of the United States or its
territories and whose first language is not English shall
submit evidence of English proficiency, as defined by rule.
(225 ILCS 65/60-25)
(Section scheduled to be repealed on January 1, 2018)
Sec. 60-25. Restoration of RN license; temporary permit.
(a) Any license to practice professional nursing issued
under this Act that has expired or that is on inactive status
may be restored by making application to the Department and
filing proof of fitness acceptable to the Department as
specified by rule to have the license restored and by paying
the required restoration fee. Such proof of fitness may include
evidence certifying active lawful practice in another
jurisdiction.
(b) A licensee seeking restoration of a license after it
has expired or been placed on inactive status for more than 5
years shall file an application, on forms supplied by the
Department, and submit the restoration or renewal fees set
forth by the Department. The licensee shall also submit proof
of fitness to practice as specified by rule. , including one of
the following:
(1) Certification of active practice in another
jurisdiction, which may include a statement from the
appropriate board or licensing authority in the other
jurisdiction that the licensee was authorized to practice
during the term of said active practice.
(2) Proof of the successful completion of a
Department-approved licensure examination.
(3) An affidavit attesting to military service as
provided in subsection (c) of this Section; however, if
application is made within 2 years after discharge and if
all other provisions of subsection (c) of this Section are
satisfied, the applicant shall be required to pay the
current renewal fee.
(c) Any registered professional nurse license issued under
this Act that expired while the licensee was (1) in federal
service on active duty with the Armed Forces of the United
States or in the State Militia called into service or training
or (2) in training or education under the supervision of the
United States preliminary to induction into the military
service may have the license restored without paying any lapsed
renewal fees if, within 2 years after honorable termination of
such service, training, or education, the applicant furnishes
the Department with satisfactory evidence to the effect that
the applicant has been so engaged and that the individual's
service, training, or education has been so terminated.
(d) Any licensee who engages in the practice of
professional nursing with a lapsed license or while on inactive
status shall be considered to be practicing without a license,
which shall be grounds for discipline under Section 70-5 of
this Act.
(e) Pending restoration of a registered professional nurse
license under this Section, the Department may grant an
applicant a temporary permit to practice as a registered
professional 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 another jurisdiction, the Department shall not
issue a temporary permit until it is satisfied that each
current active license held by the applicant is unencumbered.
The temporary permit, which shall be issued no later than 14
working days after receipt by the Department of an application
for the permit, shall be granted upon the submission of all of
the following to the Department:
(1) A signed and completed application for restoration
of licensure under this Section as a registered
professional nurse.
(2) Proof of (i) a current, active license in at least
one other jurisdiction and proof that each current, active
license or temporary permit held by the applicant is
unencumbered or (ii) fitness to practice nursing in
Illinois, as specified by rule.
(3) A signed and completed application for a temporary
permit.
(4) The required permit fee.
(f) The Department may refuse to issue to an applicant a
temporary permit authorized under this Section if, within 14
working days after its receipt of an application for a
temporary permit, the Department determines that:
(1) the applicant has been convicted within the last 5
years of any crime under the laws of any jurisdiction of
the United States that is (i) a felony or (ii) a
misdemeanor directly related to the practice of the
profession;
(2) within the last 5 years the applicant 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 for disciplinary action under this
Act; or
(3) the Department intends to deny restoration of the
license.
(g) The Department may revoke a temporary permit issued
under this Section if:
(1) the Department determines that the applicant has
been convicted within the last 5 years of any crime under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor directly related to the
practice of the profession;
(2) within the last 5 years, the applicant 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) the Department intends to deny restoration of the
license.
(h) A temporary permit or renewed temporary permit shall
expire (i) upon issuance of an Illinois license or (ii) upon
notification that the Department intends to deny restoration of
licensure. A temporary permit shall expire 6 months from the
date of issuance. Further renewal may be granted by the
Department, in hardship cases, that 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 Secretary. Notification by the
Department under this Section must be by certified or
registered mail to the address of record or by email to the
email address of record.
(Source: P.A. 95-639, eff. 10-5-07.)
(225 ILCS 65/60-35)
(Section scheduled to be repealed on January 1, 2018)
Sec. 60-35. RN scope of practice. The RN scope of nursing
practice is the protection, promotion, and optimization of
health and abilities, the prevention of illness and injury, the
development and implementation of the nursing plan of care, the
facilitation of nursing interventions to alleviate suffering,
care coordination, and advocacy in the care of individuals,
families, groups, communities, and populations. Practice as a
registered professional nurse means this full scope of nursing,
with or without compensation, that incorporates caring for all
patients in all settings, through nursing standards of practice
and professional performance for coordination of care, and may
include, but is not limited to, all of the following:
(1) Collecting pertinent data and information relative
to the patient's health or the situation on an ongoing
basis through the comprehensive nursing assessment.
(2) Analyzing comprehensive nursing assessment data to
determine actual or potential diagnoses, problems, and
issues.
(3) Identifying expected outcomes for a plan
individualized to the patient or the situation that
prescribes strategies to attain expected, measurable
outcomes.
(4) Implementing the identified plan, coordinating
care delivery, employing strategies to promote healthy and
safe environments, and administering or delegating
medication administration according to Section 50-75 of
this Act.
(5) Evaluating patient progress toward attainment of
goals and outcomes.
(6) Delegating nursing interventions to implement the
plan of care.
(7) Providing health education and counseling.
(7.5) Advocating for the patient.
(8) Practicing ethically according to the American
Nurses Association Code of Ethics.
(9) Practicing in a manner that recognizes cultural
diversity.
(10) Communicating effectively in all areas of
practice.
(11) Collaborating with patients and other key
stakeholders in the conduct of nursing practice.
(12) Participating in continuous professional
development.
(13) Teaching the theory and practice of nursing to
student nurses.
(14) Leading within the professional practice setting
and the profession.
(15) Contributing to quality nursing practice.
(16) Integrating evidence and research findings into
practice.
(17) Utilizing appropriate resources to plan, provide,
and sustain evidence-based nursing services that are safe
and effective.
(a) Practice as a registered professional nurse means the
full scope of nursing, with or without compensation, that
incorporates caring for all patients in all settings, through
nursing standards recognized by the Department, and includes,
but is not limited to, all of the following:
(1) The comprehensive nursing assessment of the health
status of patients that addresses changes to patient
conditions.
(2) The development of a plan of nursing care to be
integrated within the patient-centered health care plan
that establishes nursing diagnoses, and setting goals to
meet identified health care needs, determining nursing
interventions, and implementation of nursing care through
the execution of nursing strategies and regimens ordered or
prescribed by authorized healthcare professionals.
(3) The administration of medication or delegation of
medication administration to licensed practical nurses.
(4) Delegation of nursing interventions to implement
the plan of care.
(5) The provision for the maintenance of safe and
effective nursing care rendered directly or through
delegation.
(6) Advocating for patients.
(7) The evaluation of responses to interventions and
the effectiveness of the plan of care.
(8) Communicating and collaborating with other health
care professionals.
(9) The procurement and application of new knowledge
and technologies.
(10) The provision of health education and counseling.
(11) Participating in development of policies,
procedures, and systems to support patient safety.
(Source: P.A. 95-639, eff. 10-5-07.)
(225 ILCS 65/Art. 65 heading)
ARTICLE 65. ADVANCED PRACTICE REGISTERED NURSES
(Article scheduled to be repealed on January 1, 2018)
(Source: P.A. 95-639, eff. 10-5-07.)
(225 ILCS 65/65-5) (was 225 ILCS 65/15-10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65-5. Qualifications for APRN APN licensure.
(a) Each applicant who successfully meets the requirements
of this Section is eligible for shall be entitled to licensure
as an advanced practice registered nurse.
(b) An applicant for licensure to practice as an advanced
practice registered nurse is eligible for licensure when the
following requirements are met must do each of the following:
(1) the applicant has submitted Submit a completed
application and any fees as established by the Department; .
(2) the applicant holds Hold a current license to
practice as a registered professional nurse under this
Act; .
(3) the applicant has Have successfully completed
requirements to practice as, and holds and maintains
current, national certification as, a nurse midwife,
clinical nurse specialist, nurse practitioner, or
certified registered nurse anesthetist from the
appropriate national certifying body as determined by rule
of the Department; .
(4) the applicant has Have obtained a graduate degree
appropriate for national certification in a clinical
advanced practice registered nursing specialty or a
graduate degree or post-master's certificate from a
graduate level program in a clinical advanced practice
registered nursing specialty; .
(5) (blank); Have not violated the provisions of this
Act concerning the grounds for disciplinary action. The
Department may take into consideration any felony
conviction of the applicant, but such a conviction may not
operate as an absolute bar to licensure.
(6) the applicant has submitted Submit to the criminal
history records check required under Section 50-35 of this
Act; and .
(7) if applicable, the applicant has submitted
verification of licensure status in another jurisdiction,
as provided by rule.
(b-5) A registered professional nurse seeking licensure as
an advanced practice registered nurse in the category of
certified registered nurse anesthetist who does not have a
graduate degree as described in subsection (b) of this Section
shall be qualified for licensure if that person:
(1) submits evidence of having successfully completed
a nurse anesthesia program described in item (4) of
subsection (b) of this Section prior to January 1, 1999;
(2) submits evidence of certification as a registered
nurse anesthetist by an appropriate national certifying
body; and
(3) has continually maintained active, up-to-date
recertification status as a certified registered nurse
anesthetist by an appropriate national recertifying body.
(b-10) The Department may shall issue a certified
registered nurse anesthetist license to an APRN APN who (i)
does not have a graduate degree, (ii) applies for licensure
before July 1, 2023 2018, and (iii) submits all of the
following to the Department:
(1) His or her current State registered nurse license
number.
(2) Proof of current national certification, which
includes the completion of an examination from either of
the following:
(A) the Council on Certification of the American
Association of Nurse Anesthetists; or
(B) the Council on Recertification of the American
Association of Nurse Anesthetists.
(3) Proof of the successful completion of a post-basic
advanced practice formal education program in the area of
nurse anesthesia prior to January 1, 1999.
(4) His or her complete work history for the 5-year
period immediately preceding the date of his or her
application.
(5) Verification of licensure as an advanced practice
registered nurse from the state in which he or she was
originally licensed, current state of licensure, and any
other state in which he or she has been actively practicing
as an advanced practice registered nurse within the 5-year
period immediately preceding the date of his or her
application. If applicable, this verification must state:
(A) the time during which he or she was licensed in
each state, including the date of the original issuance
of each license; and
(B) any disciplinary action taken or pending
concerning any nursing license held, currently or in
the past, by the applicant.
(6) The required fee.
(c) Those applicants seeking licensure in more than one
advanced practice registered nursing specialty need not
possess multiple graduate degrees. Applicants may be eligible
for licenses for multiple advanced practice registered nurse
licensure specialties, provided that the applicant (i) has met
the requirements for at least one advanced practice registered
nursing specialty under paragraphs (3) and (5) of subsection
(a) of this Section, (ii) possesses an additional graduate
education that results in a certificate for another clinical
advanced practice registered nurse specialty and that meets the
requirements for the national certification from the
appropriate nursing specialty, and (iii) holds a current
national certification from the appropriate national
certifying body for that additional advanced practice
registered nursing specialty.
(Source: P.A. 98-837, eff. 1-1-15.)
(225 ILCS 65/65-10) (was 225 ILCS 65/15-13)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65-10. APRN APN license pending status.
(a) A graduate of an advanced practice registered nursing
program may practice in the State of Illinois in the role of
certified clinical nurse specialist, certified nurse midwife,
certified nurse practitioner, or certified registered nurse
anesthetist for not longer than 6 months provided he or she
submits all of the following:
(1) An application for licensure as an advanced
practice registered nurse in Illinois and all fees
established by rule.
(2) Proof of an application to take the national
certification examination in the specialty.
(3) Proof of completion of a graduate advanced practice
education program that allows the applicant to be eligible
for national certification in a clinical advanced practice
registered nursing specialty and that allows the applicant
to be eligible for licensure in Illinois in the area of his
or her specialty.
(4) Proof that he or she is licensed in Illinois as a
registered professional nurse.
(b) License pending status shall preclude delegation of
prescriptive authority.
(c) A graduate practicing in accordance with this Section
must use the title "license pending certified clinical nurse
specialist", "license pending certified nurse midwife",
"license pending certified nurse practitioner", or "license
pending certified registered nurse anesthetist", whichever is
applicable.
(Source: P.A. 97-813, eff. 7-13-12.)
(225 ILCS 65/65-15)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65-15. Expiration of APRN APN license; renewal.
(a) The expiration date and renewal period for each
advanced practice registered nurse license issued under this
Act shall be set by rule. The holder of a license may renew the
license during the month preceding the expiration date of the
license by paying the required fee. It is the responsibility of
the licensee to notify the Department in writing of a change of
address.
(b) On and after May 30, 2020, except as provided in
subsections (c) and (d) of this Section, each advanced practice
registered nurse is required to show proof of continued,
current national certification in the specialty.
(c) An advanced practice registered nurse who does not meet
the educational requirements necessary to obtain national
certification but has continuously held an unencumbered
license under this Act since 2001 shall not be required to show
proof of national certification in the specialty to renew his
or her advanced practice registered nurse license.
(d) The Department may renew the license of an advanced
practice registered nurse who applies for renewal of his or her
license on or before May 30, 2016 and is unable to provide
proof of continued, current national certification in the
specialty but complies with all other renewal requirements.
(e) Any advanced practice registered nurse license renewed
on and after May 31, 2016 based on the changes made to this
Section by this amendatory Act of the 99th General Assembly
shall be retroactive to the expiration date.
(Source: P.A. 99-505, eff. 5-27-16.)
(225 ILCS 65/65-20)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65-20. Restoration of APRN APN license; temporary
permit.
(a) Any license issued under this Act that has expired or
that is on inactive status may be restored by making
application to the Department and filing proof of fitness
acceptable to the Department as specified by rule to have the
license restored and by paying the required restoration fee.
Such proof of fitness may include evidence certifying active
lawful practice in another jurisdiction.
(b) A licensee seeking restoration of a license after it
has expired or been placed on inactive status for more than 5
years shall file an application, on forms supplied by the
Department, and submit the restoration or renewal fees set
forth by the Department. The licensee shall also submit proof
of fitness to practice as specified by rule.