Bill Text: IL HB3475 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Nurse Practice Act. Provides that the Act does not prohibit the practice of relevant nursing care by a legally responsible caregiver or a person designated by a legally responsible caregiver who has been certified as a certified family health aide for the specified services. Amends the Illinois Public Aid Code. Establishes requirements for the Department of Healthcare and Family Services to apply for a Home and Community-Based Services State Plan amendment and federal waiver amendment necessary to reimburse a legally responsible caregiver or a person designated by a legally responsible caregiver who has achieved certification as a certified family health aide to perform the specified services. Creates the Certified Family Health Aide Program for Children and Adults Act. Establishes certification requirements for a certified family health aide through the Department of Financial and Professional Regulation. Provides that a certified family health aides must be legally responsible caregiver and 18 years or older, have a relationship with a specified family member, and be certified to perform or assist in performing the specified nursing services. Amends the Home Health, Home Services, Home Nursing Act to include a certified family health aide under a home nursing agency and provides training and recordkeeping requirements for home nursing agencies. Amends the Alternative Health Care Delivery Act and the Hospital Licensing Act to require similar training and recordkeeping requirements in children's community-based health care center and in hospitals managing the care of an individual being discharged under the care of a home nursing agency.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3475 Detail]

Download: Illinois-2025-HB3475-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3475 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
New Act
210 ILCS 3/35
210 ILCS 55/2.11
210 ILCS 55/2.13 new
210 ILCS 85/17 new
225 ILCS 65/50-15 was 225 ILCS 65/5-15
305 ILCS 5/5-2.06b new
Amends the Nurse Practice Act. Provides that the Act does not prohibit the practice of relevant nursing care by a legally responsible caregiver or a person designated by a legally responsible caregiver who has been certified as a certified family health aide for the specified services. Amends the Illinois Public Aid Code. Establishes requirements for the Department of Healthcare and Family Services to apply for a Home and Community-Based Services State Plan amendment and federal waiver amendment necessary to reimburse a legally responsible caregiver or a person designated by a legally responsible caregiver who has achieved certification as a certified family health aide to perform the specified services. Creates the Certified Family Health Aide Program for Children and Adults Act. Establishes certification requirements for a certified family health aide through the Department of Financial and Professional Regulation. Provides that a certified family health aides must be legally responsible caregiver and 18 years or older, have a relationship with a specified family member, and be certified to perform or assist in performing the specified nursing services. Amends the Home Health, Home Services, Home Nursing Act to include a certified family health aide under a home nursing agency and provides training and recordkeeping requirements for home nursing agencies. Amends the Alternative Health Care Delivery Act and the Hospital Licensing Act to require similar training and recordkeeping requirements in children's community-based health care center and in hospitals managing the care of an individual being discharged under the care of a home nursing agency.
LRB104 11129 BAB 21211 b
A BILL FOR
HB3475 LRB104 11129 BAB 21211 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Certified Family Health Aide Program for Children and Adults
Act.
Section 5. Purpose. The purpose of this Act is to create
the Certified Family Health Aide designation, recognizing the
vital role family members play in caring for children with
complex medical needs. This designation is intended to provide
a mechanism for financial compensation, thereby mitigating the
financial hardship often experienced by families when a
caregiver must reduce or cease employment to provide such
care. This Act further aims to support families in identifying
and securing long-term, consistent in-home care for their
children with complex medical needs, which is crucial for the
well-being and development of those children.
Section 10. Certified family health aide program for
children and adults.
(a) "Certified family health aide" means a person who:
(1) is 18 years of age or older;
(2) has the following relationship with the family

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member receiving or who is eligible to receive the
services enumerated in this Section:
(i) spouse;
(ii) sibling or step-sibling;
(iii) parent, step-parent, or adoptive parent;
(iv) grandparent;
(v) mother-in-law or father-in-law;
(vi) brother-in-law or sister-in-law;
(vii) legal guardian; or
(viii) caregiver designated by the legally
responsible caregiver;
(3) is a legally responsible caregiver, or has been
designated by a legally responsible caregiver, for a
person who receives or is eligible to receive:
(i) in-home shift nursing services under the Early
and Periodic Screening, Diagnostic and Treatment
benefit authorized under 42 CFR 441.50; or
(ii) in-home shift nursing through the home and
community-based services waiver program authorized
under Section 1915(c) of the Social Security Act for
persons who are medically fragile and technology
dependent; and
(4) is certified pursuant to this Section to perform
or to assist in performance of (1) in-home shift nursing
services under the Early and Periodic Screening,
Diagnostic and Treatment benefit authorized under 42 CFR

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441.50; or (2) in-home shift nursing services through the
home and community-based services waiver program
authorized under Section 1915(c) of the Social Security
Act for a designated person or designated persons who are
medically fragile and technology dependent and eligible to
receive the services laid out in this Section, including:
(i) the same tasks as a certified nursing
assistant;
(ii) medication administration;
(iii) tracheostomy care;
(iv) enteral care and therapy; and
(v) other needed services to support the
individual as set forth in Rule.
(b) The Department of Financial and Professional
Regulation, in partnership with the Department of Health and
the Department of Healthcare and Family Services, shall create
a certification pathway for a legally responsible caregiver,
or a person who has been designated by a legally responsible
caregiver, who is seeking certification as a certified family
health aide, including the promulgation of any necessary rules
for the certification process. This certification pathway
shall include documentation, in a manner designated by the
Department of Financial and Professional Regulation, of
initial training provided by hospitals licensed in the
Hospital Licensing Act, children's community-based health care
centers as defined in the Alternative Health Care Delivery

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Act, or home nursing agencies as defined in the Home Health,
Home Services, and Home Nursing Agency Licensing Act.
(c) A certified family health aide may only perform
services to and for a person receiving or eligible to receive:
(1) in-home shift nursing services under the Early and
Periodic Screening, Diagnostic and Treatment benefit
authorized under 42 CFR 441.50; or (2) in-home shift nursing
services through the home and community-based services waiver
program authorized under Section 1915(c) of the Social
Security Act for persons who are medically fragile and
technology dependent. To be eligible for reimbursement as a
certified family health aide, a legally responsible caregiver
or a person designated by a legally responsible caregiver must
meet all certification requirements as set forth in this
Section, in Section 5-206b of the Public Aide Code, and in any
applicable administrative rule.
(d) The Department of Financial and Professional
Regulation may adopt rules necessary to implement the
provisions of this Act, including, but not limited to,
required background checks for the certified family health
aide.
Section 15. The Alternative Health Care Delivery Act is
amended by changing Section 35 as follows:
(210 ILCS 3/35)

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Sec. 35. Alternative health care models authorized.
Notwithstanding any other law to the contrary, alternative
health care models described in this Section may be
established on a demonstration basis.
(1) (Blank).
(2) Alternative health care delivery model;
postsurgical recovery care center. A postsurgical recovery
care center is a designated site which provides
postsurgical recovery care for generally healthy patients
undergoing surgical procedures that potentially require
overnight nursing care, pain control, or observation that
would otherwise be provided in an inpatient setting.
Patients may be discharged from the postsurgical recovery
care center in less than 24 hours if the attending
physician or the facility's medical director believes the
patient has recovered enough to be discharged. A
postsurgical recovery care center is either freestanding
or a defined unit of an ambulatory surgical treatment
center or hospital. No facility, or portion of a facility,
may participate in a demonstration program as a
postsurgical recovery care center unless the facility has
been licensed as an ambulatory surgical treatment center
or hospital for at least 2 years before August 20, 1993
(the effective date of Public Act 88-441). The maximum
length of stay for patients in a postsurgical recovery
care center is not to exceed 48 hours unless the treating

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physician requests an extension of time from the recovery
center's medical director on the basis of medical or
clinical documentation that an additional care period is
required for the recovery of a patient and the medical
director approves the extension of time. In no case,
however, shall a patient's length of stay in a
postsurgical recovery care center be longer than 72 hours.
If a patient requires an additional care period after the
expiration of the 72-hour limit, the patient shall be
transferred to an appropriate facility. Reports on
variances from the 24-hour or 48-hour limit shall be sent
to the Department for its evaluation. The reports shall,
before submission to the Department, have removed from
them all patient and physician identifiers. Blood products
may be administered in the postsurgical recovery care
center model. In order to handle cases of complications,
emergencies, or exigent circumstances, every postsurgical
recovery care center as defined in this paragraph shall
maintain a contractual relationship, including a transfer
agreement, with a general acute care hospital. A
postsurgical recovery care center shall be no larger than
20 beds. A postsurgical recovery care center shall be
located within 15 minutes travel time from the general
acute care hospital with which the center maintains a
contractual relationship, including a transfer agreement,
as required under this paragraph.

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No postsurgical recovery care center shall
discriminate against any patient requiring treatment
because of the source of payment for services, including
Medicare and Medicaid recipients.
The Department shall adopt rules to implement the
provisions of Public Act 88-441 concerning postsurgical
recovery care centers within 9 months after August 20,
1993. Notwithstanding any other law to the contrary, a
postsurgical recovery care center model may provide sleep
laboratory or similar sleep studies in accordance with
applicable State and federal laws and regulations.
(3) Alternative health care delivery model; children's
community-based health care center. A children's
community-based health care center model is a designated
site that provides nursing care, clinical support
services, and therapies for a period of one to 14 days for
short-term stays and 120 days to facilitate transitions to
home or other appropriate settings for medically fragile
children, technology dependent children, and children with
special health care needs who are deemed clinically stable
by a physician and are younger than 22 years of age. This
care is to be provided in a home-like environment that
serves no more than 12 children at a time, except that a
children's community-based health care center in existence
on the effective date of this amendatory Act of the 100th
General Assembly that is located in Chicago on grade level

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for Life Safety Code purposes may provide care to no more
than 16 children at a time. Children's community-based
health care center services must be available through the
model to all families, including those whose care is paid
for through the Department of Healthcare and Family
Services, the Department of Children and Family Services,
the Department of Human Services, and insurance companies
who cover home health care services or private duty
nursing care in the home.
Each children's community-based health care center
model location shall be physically separate and apart from
any other facility licensed by the Department of Public
Health under this or any other Act and shall provide the
following services: respite care, registered nursing or
licensed practical nursing care, transitional care to
facilitate home placement or other appropriate settings
and reunite families, medical day care, weekend camps, and
diagnostic studies typically done in the home setting.
A children's community-based health care center shall
provide initial training, prior to home placement for, and
shall keep records in a manner designated by the
Department regarding, the certified family health aide, as
defined in the Certified Family Health Aide Program for
Children and Adults Act, identified as the legally
responsible caregiver or designated by a legally
responsible caregiver for the medical care of an

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individual who receives or is eligible to receive:
(i) in-home shift nursing services under the Early
and Periodic Screening, Diagnostic and Treatment
benefit authorized under 42 CFR 441.50; or
(ii) in-home shift nursing through the home and
community-based services waiver program authorized
under Section 1915(c) of the Social Security Act for
persons who are medically fragile and technology
dependent.
Coverage for the services provided by the Department
of Healthcare and Family Services under this paragraph (3)
is contingent upon federal waiver approval and is provided
only to Medicaid eligible clients participating in the
home and community based services waiver designated in
Section 1915(c) of the Social Security Act for medically
frail and technologically dependent children or children
in Department of Children and Family Services foster care
who receive home health benefits.
(4) Alternative health care delivery model; community
based residential rehabilitation center. A community-based
residential rehabilitation center model is a designated
site that provides rehabilitation or support, or both, for
persons who have experienced severe brain injury, who are
medically stable, and who no longer require acute
rehabilitative care or intense medical or nursing
services. The average length of stay in a community-based

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residential rehabilitation center shall not exceed 4
months. As an integral part of the services provided,
individuals are housed in a supervised living setting
while having immediate access to the community. The
residential rehabilitation center authorized by the
Department may have more than one residence included under
the license. A residence may be no larger than 12 beds and
shall be located as an integral part of the community. Day
treatment or individualized outpatient services shall be
provided for persons who reside in their own home.
Functional outcome goals shall be established for each
individual. Services shall include, but are not limited
to, case management, training and assistance with
activities of daily living, nursing consultation,
traditional therapies (physical, occupational, speech),
functional interventions in the residence and community
(job placement, shopping, banking, recreation),
counseling, self-management strategies, productive
activities, and multiple opportunities for skill
acquisition and practice throughout the day. The design of
individualized program plans shall be consistent with the
outcome goals that are established for each resident. The
programs provided in this setting shall be accredited by
the Commission on Accreditation of Rehabilitation
Facilities (CARF). The program shall have been accredited
by CARF as a Brain Injury Community-Integrative Program

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for at least 3 years.
(5) Alternative health care delivery model;
Alzheimer's disease management center. An Alzheimer's
disease management center model is a designated site that
provides a safe and secure setting for care of persons
diagnosed with Alzheimer's disease. An Alzheimer's disease
management center model shall be a facility separate from
any other facility licensed by the Department of Public
Health under this or any other Act. An Alzheimer's disease
management center shall conduct and document an assessment
of each resident every 6 months. The assessment shall
include an evaluation of daily functioning, cognitive
status, other medical conditions, and behavioral problems.
An Alzheimer's disease management center shall develop and
implement an ongoing treatment plan for each resident. The
treatment plan shall have defined goals. The Alzheimer's
disease management center shall treat behavioral problems
and mood disorders using nonpharmacologic approaches such
as environmental modification, task simplification, and
other appropriate activities. All staff must have
necessary training to care for all stages of Alzheimer's
Disease. An Alzheimer's disease management center shall
provide education and support for residents and
caregivers. The education and support shall include
referrals to support organizations for educational
materials on community resources, support groups, legal

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and financial issues, respite care, and future care needs
and options. The education and support shall also include
a discussion of the resident's need to make advance
directives and to identify surrogates for medical and
legal decision-making. The provisions of this paragraph
establish the minimum level of services that must be
provided by an Alzheimer's disease management center. An
Alzheimer's disease management center model shall have no
more than 100 residents. Nothing in this paragraph (5)
shall be construed as prohibiting a person or facility
from providing services and care to persons with
Alzheimer's disease as otherwise authorized under State
law.
(6) Alternative health care delivery model; birth
center. A birth center shall be exclusively dedicated to
serving the childbirth-related needs of women and their
newborns and shall have no more than 10 beds. A birth
center is a designated site that is away from the mother's
usual place of residence and in which births are planned
to occur following a normal, uncomplicated, and low-risk
pregnancy. A birth center shall offer prenatal care and
community education services and shall coordinate these
services with other health care services available in the
community.
(A) A birth center shall not be separately
licensed if it is one of the following:

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(1) A part of a hospital; or
(2) A freestanding facility that is physically
distinct from a hospital but is operated under a
license issued to a hospital under the Hospital
Licensing Act.
(B) A separate birth center license shall be
required if the birth center is operated as:
(1) A part of the operation of a federally
qualified health center as designated by the
United States Department of Health and Human
Services; or
(2) A facility other than one described in
subparagraph (A)(1), (A)(2), or (B)(1) of this
paragraph (6) whose costs are reimbursable under
Title XIX of the federal Social Security Act.
In adopting rules for birth centers, the Department
shall consider: the American Association of Birth Centers'
Standards for Freestanding Birth Centers; the American
Academy of Pediatrics/American College of Obstetricians
and Gynecologists Guidelines for Perinatal Care; and the
Regionalized Perinatal Health Care Code. The Department's
rules shall stipulate the eligibility criteria for birth
center admission. The Department's rules shall stipulate
the necessary equipment for emergency care according to
the American Association of Birth Centers' standards and
any additional equipment deemed necessary by the

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Department. The Department's rules shall provide for a
time period within which each birth center not part of a
hospital must become accredited by either the Commission
for the Accreditation of Freestanding Birth Centers or The
Joint Commission.
A birth center shall be certified to participate in
the Medicare and Medicaid programs under Titles XVIII and
XIX, respectively, of the federal Social Security Act. To
the extent necessary, the Illinois Department of
Healthcare and Family Services shall apply for a waiver
from the United States Health Care Financing
Administration to allow birth centers to be reimbursed
under Title XIX of the federal Social Security Act.
A birth center that is not operated under a hospital
license shall be located within a ground travel time
distance from the general acute care hospital with which
the birth center maintains a contractual relationship,
including a transfer agreement, as required under this
paragraph, that allows for an emergency caesarian delivery
to be started within 30 minutes of the decision a
caesarian delivery is necessary. A birth center operating
under a hospital license shall be located within a ground
travel time distance from the licensed hospital that
allows for an emergency caesarian delivery to be started
within 30 minutes of the decision a caesarian delivery is
necessary.

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The services of a medical director physician, licensed
to practice medicine in all its branches, who is certified
or eligible for certification by the American College of
Obstetricians and Gynecologists or the American Board of
Osteopathic Obstetricians and Gynecologists or has
hospital obstetrical privileges are required in birth
centers. The medical director in consultation with the
Director of Nursing and Midwifery Services shall
coordinate the clinical staff and overall provision of
patient care. The medical director or his or her physician
designee shall be available on the premises or within a
close proximity as defined by rule. The medical director
and the Director of Nursing and Midwifery Services shall
jointly develop and approve policies defining the criteria
to determine which pregnancies are accepted as normal,
uncomplicated, and low-risk, and the anesthesia services
available at the center. No general anesthesia may be
administered at the center.
If a birth center employs certified nurse midwives, a
certified nurse midwife shall be the Director of Nursing
and Midwifery Services who is responsible for the
development of policies and procedures for services as
provided by Department rules.
An obstetrician, family practitioner, or certified
nurse midwife shall attend each woman in labor from the
time of admission through birth and throughout the

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immediate postpartum period. Attendance may be delegated
only to another physician or certified nurse midwife.
Additionally, a second staff person shall also be present
at each birth who is licensed or certified in Illinois in a
health-related field and under the supervision of the
physician or certified nurse midwife in attendance, has
specialized training in labor and delivery techniques and
care of newborns, and receives planned and ongoing
training as needed to perform assigned duties effectively.
The maximum length of stay in a birth center shall be
consistent with existing State laws allowing a 48-hour
stay or appropriate post-delivery care, if discharged
earlier than 48 hours.
A birth center shall participate in the Illinois
Perinatal System under the Developmental Disability
Prevention Act. At a minimum, this participation shall
require a birth center to establish a letter of agreement
with a hospital designated under the Perinatal System. A
hospital that operates or has a letter of agreement with a
birth center shall include the birth center under its
maternity service plan under the Hospital Licensing Act
and shall include the birth center in the hospital's
letter of agreement with its regional perinatal center.
A birth center may not discriminate against any
patient requiring treatment because of the source of
payment for services, including Medicare and Medicaid

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recipients.
No general anesthesia and no surgery may be performed
at a birth center. The Department may by rule add birth
center patient eligibility criteria or standards as it
deems necessary. The Department shall by rule require each
birth center to report the information which the
Department shall make publicly available, which shall
include, but is not limited to, the following:
(i) Birth center ownership.
(ii) Sources of payment for services.
(iii) Utilization data involving patient length of
stay.
(iv) Admissions and discharges.
(v) Complications.
(vi) Transfers.
(vii) Unusual incidents.
(viii) Deaths.
(ix) Any other publicly reported data required
under the Illinois Consumer Guide.
(x) Post-discharge patient status data where
patients are followed for 14 days after discharge from
the birth center to determine whether the mother or
baby developed a complication or infection.
Within 9 months after the effective date of this
amendatory Act of the 95th General Assembly, the
Department shall adopt rules that are developed with

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consideration of: the American Association of Birth
Centers' Standards for Freestanding Birth Centers; the
American Academy of Pediatrics/American College of
Obstetricians and Gynecologists Guidelines for Perinatal
Care; and the Regionalized Perinatal Health Care Code.
The Department shall adopt other rules as necessary to
implement the provisions of this amendatory Act of the
95th General Assembly within 9 months after the effective
date of this amendatory Act of the 95th General Assembly.
(Source: P.A. 100-518, eff. 12-8-17 (see Section 5 of P.A.
100-558 for the effective date of changes made by P.A.
100-518).)
Section 20. The Home Health, Home Services, and Home
Nursing Agency Licensing Act is amended by changing Section
2.11 and by adding Section 2.13 as follows:
(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 or a certified family
health aide as defined by the Certified Family Health Aide
Program for Children and Adults Act, for individuals receiving
or eligible to receive the following services: (1) in-home
shift nursing services under the Early and Periodic Screening,

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Diagnostic and Treatment benefit authorized under 42 CFR
441.50; or (2) in-home shift nursing services through the home
and community-based services waiver program authorized under
Section 1915(c) of the Social Security Act for persons who are
medically fragile and technology dependent. 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 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. 100-513, eff. 1-1-18.)
(210 ILCS 55/2.13 new)
Sec. 2.13. Certified family health aide. A home nursing
agency shall provide initial and ongoing training for, and
shall keep records in a manner designated by the Department
regarding, the certified family health aide, as defined in the
Certified Family Health Aide Program for Children and Adults
Act, identified as the legally responsible caregiver or
designated by the legally responsible caregiver for an
individual who receives or is eligible to receive:
(1) in-home shift nursing services under the Early and

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Periodic Screening, Diagnostic and Treatment benefit
authorized under 42 CFR 441.50; or
(2) in-home shift nursing through the home and
community-based services waiver program authorized under
Section 1915(c) of the Social Security Act for persons who
are medically fragile and technology dependent.
Section 25. The Hospital Licensing Act is amended by
adding Section 17 as follows:
(210 ILCS 85/17 new)
Sec. 17. Certified family health aide. Hospitals managing
the care of an individual to be discharged under the care of a
home nursing agency shall provide initial training, and shall
document in a manner designated by the Department, for the
certified family health aide, as defined in the Certified
Family Health Aide Program for Children and Adults Act,
identified as the legally responsible caregiver or designated
by a legally responsible caregiver for an individual who
receives or is eligible to receive in-home shift nursing
services under the Early and Periodic Screening, Diagnostic
and Treatment benefit authorized under 42 CFR 441.50 or in
home shift nursing through the home and community-based
services waiver program authorized under Section 1915(c) of
the Social Security Act for persons who are medically fragile
and technology dependent.

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Section 30. The Nurse Practice Act is amended by changing
Section 50-15 as follows:
(225 ILCS 65/50-15) (was 225 ILCS 65/5-15)
(Section scheduled to be repealed on January 1, 2028)
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.

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(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

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nursing by one who is an advanced practice registered
nurse under the laws of another United States jurisdiction
or a foreign jurisdiction 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
United States jurisdiction or a foreign jurisdiction 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 United States
jurisdiction or a foreign jurisdiction and who is enrolled
in a graduate nursing education program or a program for
the completion of a baccalaureate nursing degree in this

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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).
(14) County correctional personnel from delivering
prepackaged medication for self-administration to an
individual detainee in a correctional facility.
(15) The practice of relevant nursing care by a
legally responsible caregiver or a person designated by a
legally responsible caregiver who has been certified as a
certified family health aide, as defined by 210 ILCS 57,
to perform for a person who receives or is eligible to
receive the following services: (i) in-home shift nursing
services under the Early and Periodic Screening,
Diagnostic and Treatment benefit authorized under 42 CFR
441.50; or (ii) in-home shift nursing services through the
home and community-based services waiver program
authorized under Section 1915(c) of the Social Security

HB3475 - 25 - LRB104 11129 BAB 21211 b
Act for persons who are medically fragile and technology
dependent.
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. 100-513, eff. 1-1-18.)
Section 35. The Illinois Public Aid Code is amended by
adding Section 5-2.06b as follows:
(305 ILCS 5/5-2.06b new)
Sec. 5-2.06b. Certified family health aide program for
children and adults. By January 1, 2026, The Department of
Healthcare and Family Services shall apply for a Home and
Community-Based Services State Plan amendment and federal
waiver amendment necessary to reimburse a legally responsible
caregiver or a person designated by a legally responsible
caregiver, as defined in the Certified Family Health Aide
Program for Children and Adults Act, who has achieved
certification as a certified family health aide to perform (1)
in-home shift nursing services under the Early and Periodic
Screening, Diagnostic and Treatment benefit authorized under
42 CFR 441.50; or (2) in-home shift nursing services through
the home and community-based services waiver program
authorized under Section 1915(c) of the Social Security Act

HB3475 - 26 - LRB104 11129 BAB 21211 b
for a designated person or designated persons who are
medically fragile and technology dependent and in need and
eligible for the above services. Upon federal approval of any
State Plan amendment or waiver amendment, the Department may
adopt rules in partnership with the Department of Public
Health to specify the federally-approved services eligible for
reimbursement under the certified family health aide
certification and to adopt any other policies or procedures
necessary to implement this Section.