Bill Text: IL SB0642 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Nurse Practice Act. In provisions concerning scope of practice, written collaborative agreements, temporary practice with a collaborative agreement, prescriptive authority with a collaborative agreement, titles, advertising, continuing education, and reports relating to professional conduct and capacity, changes references of "advanced practice nurse" and "APN" to "advanced practice registered nurse" and "APRN". 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. Defines "full practice authority" and provides requirements for it to be granted to an advanced practice registered nurse. Removes provisions concerning advanced practice nursing in hospitals, hospital affiliates, or ambulatory surgical treatment centers, except the provision for anesthesia services and the provision requiring advanced practice registered nurses to provide services in accordance with other Acts. Makes other changes. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Introduced) 2017-08-04 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0642 Detail]

Download: Illinois-2017-SB0642-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0642

Introduced 1/25/2017, by Sen. Heather A. Steans

SYNOPSIS AS INTRODUCED:
225 ILCS 65/65-30
225 ILCS 65/65-35 was 225 ILCS 65/15-15
225 ILCS 65/65-35.1
225 ILCS 65/65-40 was 225 ILCS 65/15-20
225 ILCS 65/65-43 new
225 ILCS 65/65-45 was 225 ILCS 65/15-25
225 ILCS 65/65-50 was 225 ILCS 65/15-30
225 ILCS 65/65-55 was 225 ILCS 65/15-40
225 ILCS 65/65-60 was 225 ILCS 65/15-45
225 ILCS 65/65-65 was 225 ILCS 65/15-55

Amends the Nurse Practice Act. In provisions concerning scope of practice, written collaborative agreements, temporary practice with a collaborative agreement, prescriptive authority with a collaborative agreement, titles, advertising, continuing education, and reports relating to professional conduct and capacity, changes references of "advanced practice nurse" and "APN" to "advanced practice registered nurse" and "APRN". 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. Defines "full practice authority" and provides requirements for it to be granted to an advanced practice registered nurse. Removes provisions concerning advanced practice nursing in hospitals, hospital affiliates, or ambulatory surgical treatment centers, except the provision for anesthesia services and the provision requiring advanced practice registered nurses to provide services in accordance with other Acts. Makes other changes. Effective immediately.
LRB100 04152 SMS 14157 b

A BILL FOR

SB0642LRB100 04152 SMS 14157 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Nurse Practice Act is amended by changing
5Sections 65-30, 65-35, 65-35.1, 65-40, 65-45, 65-50, 65-55,
665-60, and 65-65 and by adding Section 65-43 as follows:
7 (225 ILCS 65/65-30)
8 (Section scheduled to be repealed on January 1, 2018)
9 Sec. 65-30. APRN APN scope of practice.
10 (a) Advanced practice registered nursing by certified
11nurse practitioners, certified nurse anesthetists, certified
12nurse midwives, or clinical nurse specialists is based on
13knowledge and skills acquired throughout an advanced practice
14registered nurse's nursing education, training, and
15experience.
16 (b) Practice as an advanced practice registered nurse means
17a scope of nursing practice, with or without compensation, and
18includes the registered nurse scope of practice.
19 (c) The scope of practice of an advanced practice
20registered nurse includes, but is not limited to, each of the
21following:
22 (1) Advanced registered nursing patient assessment and
23diagnosis.

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1 (2) Ordering diagnostic and therapeutic tests and
2procedures, performing those tests and procedures when using
3health care equipment, and interpreting and using the results
4of diagnostic and therapeutic tests and procedures ordered by
5the advanced practice registered nurse or another health care
6professional.
7 (3) Ordering treatments, ordering or applying
8appropriate medical devices, and using nursing medical,
9therapeutic, and corrective measures to treat illness and
10improve health status.
11 (4) Providing palliative and end-of-life care.
12 (5) Providing advanced counseling, patient education,
13health education, and patient advocacy.
14 (6) Prescriptive authority as defined in Section 65-40
15of this Act.
16 (7) Delegating selected nursing activities or tasks to
17a licensed practical nurse, a registered professional nurse, or
18other personnel.
19(Source: P.A. 95-639, eff. 10-5-07.)
20 (225 ILCS 65/65-35) (was 225 ILCS 65/15-15)
21 (Section scheduled to be repealed on January 1, 2018)
22 Sec. 65-35. Written collaborative agreements.
23 (a) A written collaborative agreement is required for all
24postgraduate advanced practice registered nurses until an
25affidavit of completion of not less than 3,000 hours of

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1clinical practice with a collaborating advanced practice
2registered nurse or physician has been submitted to the
3Department requesting to practice without a written
4collaborative agreement in accordance with Section 65-43 of
5this Act engaged in clinical practice, except for advanced
6practice nurses who are authorized to practice in a hospital,
7hospital affiliate, or ambulatory surgical treatment center.
8 (a-5) (Blank) If an advanced practice nurse engages in
9clinical practice outside of a hospital, hospital affiliate, or
10ambulatory surgical treatment center in which he or she is
11authorized to practice, the advanced practice nurse must have a
12written collaborative agreement.
13 (b) A written collaborative agreement shall describe the
14relationship of the postgraduate advanced practice registered
15nurse with the collaborating advanced practice registered
16nurse or physician or podiatric physician and shall describe
17the categories of care, treatment, or procedures to be provided
18by the postgraduate advanced practice registered nurse. A
19collaborative agreement with a dentist must be in accordance
20with subsection (c-10) of this Section. Collaboration does not
21require an employment relationship between the collaborating
22advanced practice registered nurse or physician or podiatric
23physician and the postgraduate advanced practice registered
24nurse.
25 The collaborative relationship under an agreement shall
26not be construed to require the personal presence of a

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1collaborating advanced practice registered nurse or physician
2or podiatric physician at the place where services are
3rendered. Methods of communication shall be available for
4consultation with the collaborating advanced practice
5registered nurse or physician or podiatric physician in person
6or by telecommunications or electronic communications as set
7forth in the written agreement.
8 (b-5) Absent an employment relationship, a written
9collaborative agreement may not (1) restrict the categories of
10patients of an advanced practice registered nurse within the
11scope of the advanced practice registered nurses training and
12experience, (2) limit third party payors or government health
13programs, such as the medical assistance program or Medicare
14with which the advanced practice registered nurse contracts, or
15(3) limit the geographic area or practice location of the
16advanced practice registered nurse in this State.
17 (c) In the case of anesthesia services provided by a
18certified registered nurse anesthetist, an anesthesiologist, a
19physician, a dentist, or a podiatric physician must participate
20through discussion of and agreement with the anesthesia plan
21and remain physically present and available on the premises
22during the delivery of anesthesia services for diagnosis,
23consultation, and treatment of emergency medical conditions.
24 (c-5) A certified registered nurse anesthetist, who
25provides anesthesia services outside of a hospital or
26ambulatory surgical treatment center shall enter into a written

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1collaborative agreement with an anesthesiologist or the
2physician licensed to practice medicine in all its branches or
3the podiatric physician performing the procedure. Outside of a
4hospital or ambulatory surgical treatment center, the
5certified registered nurse anesthetist may provide only those
6services that the collaborating podiatric physician is
7authorized to provide pursuant to the Podiatric Medical
8Practice Act of 1987 and rules adopted thereunder. A certified
9registered nurse anesthetist may select, order, and administer
10medication, including controlled substances, and apply
11appropriate medical devices for delivery of anesthesia
12services under the anesthesia plan agreed with by the
13anesthesiologist or the operating physician or operating
14podiatric physician.
15 (c-10) A certified registered nurse anesthetist who
16provides anesthesia services in a dental office shall enter
17into a written collaborative agreement with an
18anesthesiologist or the physician licensed to practice
19medicine in all its branches or the operating dentist
20performing the procedure. The agreement shall describe the
21working relationship of the certified registered nurse
22anesthetist and dentist and shall authorize the categories of
23care, treatment, or procedures to be performed by the certified
24registered nurse anesthetist. In a collaborating dentist's
25office, the certified registered nurse anesthetist may only
26provide those services that the operating dentist with the

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1appropriate permit is authorized to provide pursuant to the
2Illinois Dental Practice Act and rules adopted thereunder. For
3anesthesia services, an anesthesiologist, physician, or
4operating dentist shall participate through discussion of and
5agreement with the anesthesia plan and shall remain physically
6present and be available on the premises during the delivery of
7anesthesia services for diagnosis, consultation, and treatment
8of emergency medical conditions. A certified registered nurse
9anesthetist may select, order, and administer medication,
10including controlled substances, and apply appropriate medical
11devices for delivery of anesthesia services under the
12anesthesia plan agreed with by the operating dentist.
13 (d) A copy of the signed, written collaborative agreement
14must be available to the Department upon request from both the
15certified registered nurse anesthetist and postgraduate
16advanced practice registered nurse and the collaborating
17physician, dentist, or podiatric physician.
18 (e) Nothing in this Act shall be construed to limit the
19delegation of tasks or duties by a physician to a licensed
20practical nurse, a registered professional nurse, or other
21persons in accordance with Section 54.2 of the Medical Practice
22Act of 1987. Nothing in this Act shall be construed to limit
23the method of delegation that may be authorized by any means,
24including, but not limited to, oral, written, electronic,
25standing orders, protocols, guidelines, or verbal orders.
26Nothing in this Act shall be construed to authorize an advanced

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1practice registered nurse to provide health care services
2required by law or rule to be performed by a physician.
3 (f) A postgraduate An advanced practice registered nurse
4shall inform each collaborating advanced practice registered
5nurse or physician, dentist, or podiatric physician of all
6collaborative agreements he or she has signed and provide a
7copy of these to any collaborating advanced practice registered
8nurse or physician, dentist, or podiatric physician upon
9request.
10 (g) (Blank).
11(Source: P.A. 98-192, eff. 1-1-14; 98-214, eff. 8-9-13; 98-756,
12eff. 7-16-14; 99-173, eff. 7-29-15.)
13 (225 ILCS 65/65-35.1)
14 (Section scheduled to be repealed on January 1, 2018)
15 Sec. 65-35.1. Written collaborative agreement; temporary
16practice. A postgraduate Any advanced practice registered
17nurse required to enter into a written collaborative agreement
18with a collaborating advanced practice registered nurse or
19collaborating physician or collaborating podiatrist is
20authorized to continue to practice for up to 90 days after the
21termination of a collaborative agreement provided the advanced
22practice registered nurse seeks any needed collaboration at a
23local hospital and refers patients who require services beyond
24the training and experience of the advanced practice registered
25nurse to a physician or other health care provider.

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1(Source: P.A. 99-173, eff. 7-29-15.)
2 (225 ILCS 65/65-40) (was 225 ILCS 65/15-20)
3 (Section scheduled to be repealed on January 1, 2018)
4 Sec. 65-40. Written collaborative agreement; prescriptive
5authority for postgraduate advanced practice registered
6nurses.
7 (a) A collaborating advanced practice registered nurse or
8physician or podiatric physician may, but is not required to,
9delegate prescriptive authority to a postgraduate an advanced
10practice registered nurse as part of a written collaborative
11agreement. This authority may, but is not required to, include
12prescription of, selection of, orders for, administration of,
13storage of, acceptance of samples of, and dispensing over the
14counter medications, legend drugs, medical gases, and
15controlled substances categorized as any Schedule III through V
16controlled substances, as defined in Article II of the Illinois
17Controlled Substances Act, and other preparations, including,
18but not limited to, botanical and herbal remedies. The
19collaborating advanced practice registered nurse or physician
20or podiatric physician must have a valid current Illinois
21controlled substance license and federal registration to
22delegate authority to prescribe delegated controlled
23substances.
24 (b) To prescribe controlled substances under this Section,
25a postgraduate an advanced practice registered nurse must

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1obtain a mid-level practitioner controlled substance license.
2Medication prescriptions and orders shall be reviewed
3periodically by the collaborating advanced practice registered
4nurse or physician or podiatric physician.
5 (c) The collaborating advanced practice registered nurse
6or physician or podiatric physician shall file with the
7Department notice of delegation of prescriptive authority and
8termination of such delegation, in accordance with rules of the
9Department. Upon receipt of this notice delegating authority to
10prescribe any Schedule III through V controlled substances, the
11licensed postgraduate advanced practice registered nurse shall
12be eligible to register for a mid-level practitioner controlled
13substance license under Section 303.05 of the Illinois
14Controlled Substances Act.
15 (c-5) A hospital, hospital affiliate, or ambulatory
16surgical treatment center shall file with the Department notice
17of a grant of prescriptive authority consistent with this
18subsection and termination of such a grant of authority in
19accordance with rules of the Department. Upon receipt of this
20notice of grant of authority to prescribe any Schedule II
21through V controlled substances, the licensed postgraduate
22advanced practice registered nurse certified as a nurse
23practitioner, nurse midwife, or clinical nurse specialist may
24register for a mid-level practitioner controlled substance
25license under Section 303.05 of the Illinois Controlled
26Substance Act.

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1 (d) In addition to the requirements of subsections (a),
2(b), and (c), and (c-5) of this Section, a collaborating
3advanced practice registered nurse or physician or podiatric
4physician may, but is not required to, delegate authority to a
5postgraduate an advanced practice registered nurse to
6prescribe any Schedule II controlled substances, if all of the
7following conditions apply:
8 (1) Specific Schedule II controlled substances by oral
9 dosage or topical or transdermal application may be
10 delegated, provided that the delegated Schedule II
11 controlled substances are routinely prescribed by the
12 collaborating advanced practice registered nurse or
13 physician or podiatric physician. This delegation must
14 identify the specific Schedule II controlled substances by
15 either brand name or generic name. Schedule II controlled
16 substances to be delivered by injection or other route of
17 administration may not be delegated.
18 (2) Any delegation must be controlled substances that
19 the collaborating advanced practice registered nurse or
20 physician or podiatric physician prescribes.
21 (3) Any prescription must be limited to no more than a
22 30-day supply, with any continuation authorized only after
23 prior approval of the collaborating advanced practice
24 registered nurse or physician or podiatric physician.
25 (4) The advanced practice registered nurse must
26 discuss the condition of any patients for whom a controlled

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1 substance is prescribed monthly with the delegating
2 advanced practice registered nurse or physician.
3 (5) The postgraduate advanced practice registered
4 nurse meets the education requirements of Section 303.05 of
5 the Illinois Controlled Substances Act.
6 (e) Nothing in this Act shall be construed to limit the
7delegation of tasks or duties by a physician to a licensed
8practical nurse, a registered professional nurse, or other
9persons. Nothing in this Act shall be construed to limit the
10method of delegation that may be authorized by any means,
11including, but not limited to, oral, written, electronic,
12standing orders, protocols, guidelines, or verbal orders.
13 (f) Nothing in this Section shall be construed to apply to
14any medication authority including Schedule II controlled
15substances of an advanced practice registered nurse for care
16provided in a hospital, hospital affiliate, or ambulatory
17surgical treatment center pursuant to Section 65-45.
18 (g) Any postgraduate advanced practice registered nurse
19who writes a prescription for a controlled substance without
20having a valid appropriate authority may be fined by the
21Department not more than $50 per prescription, and the
22Department may take any other disciplinary action provided for
23in this Act.
24 (h) Nothing in this Section shall be construed to prohibit
25generic substitution.
26(Source: P.A. 97-358, eff. 8-12-11; 98-214, eff. 8-9-13.)

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1 (225 ILCS 65/65-43 new)
2 Sec. 65-43. Full practice authority.
3 (a) "Full practice authority" means the authority of an
4advanced practice registered nurse licensed in Illinois and
5certified as a nurse practitioner, clinical nurse specialist,
6or nurse midwife to practice without a written collaborative
7agreement and be fully accountable: (1) to patients for the
8quality of advanced nursing care rendered, (2) for recognizing
9limits of knowledge and experience, and (3) for planning for
10the management of situations beyond the advanced practice
11registered nurse's expertise. "Full practice authority"
12includes accepting referrals from, consulting with,
13collaborating with, or referring to other health care
14professionals as warranted by the needs of the patient and
15possessing the authority to prescribe all medications and
16orders for, administration of, storage of, acceptance of
17samples of, and dispensing over the counter medications, legend
18drugs, medical gases, and controlled substances categorized as
19any Schedule II through V controlled substances, as defined in
20Article II of the Illinois Controlled Substances Act, and other
21preparations, including, but not limited to, botanical and
22herbal remedies.
23 (b) To be granted full practice authority as an advanced
24practice registered nurse, the advanced practice registered
25nurse must:

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1 (1) submit proof of an unencumbered Illinois license as
2 an advanced practice registered nurse to the Department;
3 (2) submit proof of national certification as a nurse
4 practitioner, clinical nurse specialist, or certified
5 nurse midwife to the Department;
6 (3) submit an affidavit of completion of no less than
7 3,000 hours of clinical practice with, and signed by, the
8 collaborating advanced practice registered nurse or
9 physician; and
10 (4) meet the education requirements of Section 303.05
11 of the Illinois Controlled Substances Act.
12 (225 ILCS 65/65-45) (was 225 ILCS 65/15-25)
13 (Section scheduled to be repealed on January 1, 2018)
14 Sec. 65-45. Anesthesia services and advanced Advanced
15practice registered nursing practice in hospitals, hospital
16affiliates, or ambulatory surgical treatment centers.
17 (a) (Blank) An advanced practice nurse may provide services
18in a hospital or a hospital affiliate as those terms are
19defined in the Hospital Licensing Act or the University of
20Illinois Hospital Act or a licensed ambulatory surgical
21treatment center without a written collaborative agreement
22pursuant to Section 65-35 of this Act. An advanced practice
23nurse must possess clinical privileges recommended by the
24hospital medical staff and granted by the hospital or the
25consulting medical staff committee and ambulatory surgical

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1treatment center in order to provide services. The medical
2staff or consulting medical staff committee shall periodically
3review the services of advanced practice nurses granted
4clinical privileges, including any care provided in a hospital
5affiliate. Authority may also be granted when recommended by
6the hospital medical staff and granted by the hospital or
7recommended by the consulting medical staff committee and
8ambulatory surgical treatment center to individual advanced
9practice nurses to select, order, and administer medications,
10including controlled substances, to provide delineated care.
11In a hospital, hospital affiliate, or ambulatory surgical
12treatment center, the attending physician shall determine an
13advanced practice nurse's role in providing care for his or her
14patients, except as otherwise provided in the medical staff
15bylaws or consulting committee policies.
16 (a-2) (Blank) An advanced practice nurse granted authority
17to order medications including controlled substances may
18complete discharge prescriptions provided the prescription is
19in the name of the advanced practice nurse and the attending or
20discharging physician.
21 (a-3) (Blank) Advanced practice nurses practicing in a
22hospital or an ambulatory surgical treatment center are not
23required to obtain a mid-level controlled substance license to
24order controlled substances under Section 303.05 of the
25Illinois Controlled Substances Act.
26 (a-5) For anesthesia services provided by a certified

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1registered nurse anesthetist, an anesthesiologist, physician,
2dentist, or podiatric physician shall participate through
3discussion of and agreement with the anesthesia plan and shall
4remain physically present and be available on the premises
5during the delivery of anesthesia services for diagnosis,
6consultation, and treatment of emergency medical conditions,
7unless hospital policy adopted pursuant to clause (B) of
8subdivision (3) of Section 10.7 of the Hospital Licensing Act
9or ambulatory surgical treatment center policy adopted
10pursuant to clause (B) of subdivision (3) of Section 6.5 of the
11Ambulatory Surgical Treatment Center Act provides otherwise. A
12certified registered nurse anesthetist may select, order, and
13administer medication for anesthesia services under the
14anesthesia plan agreed to by the anesthesiologist or the
15physician, in accordance with hospital alternative policy or
16the medical staff consulting committee policies of a licensed
17ambulatory surgical treatment center.
18 (b) An advanced practice registered nurse who provides
19services in a hospital shall do so in accordance with Section
2010.7 of the Hospital Licensing Act and, in an ambulatory
21surgical treatment center, in accordance with Section 6.5 of
22the Ambulatory Surgical Treatment Center Act.
23 (c) (Blank) Advanced practice nurses certified as nurse
24practitioners, nurse midwives, or clinical nurse specialists
25practicing in a hospital affiliate may be, but are not required
26to be, granted authority to prescribe Schedule II through V

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1controlled substances when such authority is recommended by the
2appropriate physician committee of the hospital affiliate and
3granted by the hospital affiliate. This authority may, but is
4not required to, include prescription of, selection of, orders
5for, administration of, storage of, acceptance of samples of,
6and dispensing over-the-counter medications, legend drugs,
7medical gases, and controlled substances categorized as
8Schedule II through V controlled substances, as defined in
9Article II of the Illinois Controlled Substances Act, and other
10preparations, including, but not limited to, botanical and
11herbal remedies.
12 To prescribe controlled substances under this subsection
13(c), an advanced practice nurse certified as a nurse
14practitioner, nurse midwife, or clinical nurse specialist must
15obtain a mid-level practitioner controlled substance license.
16Medication orders shall be reviewed periodically by the
17appropriate hospital affiliate physicians committee or its
18physician designee.
19 The hospital affiliate shall file with the Department
20notice of a grant of prescriptive authority consistent with
21this subsection (c) and termination of such a grant of
22authority, in accordance with rules of the Department. Upon
23receipt of this notice of grant of authority to prescribe any
24Schedule II through V controlled substances, the licensed
25advanced practice nurse certified as a nurse practitioner,
26nurse midwife, or clinical nurse specialist may register for a

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1mid-level practitioner controlled substance license under
2Section 303.05 of the Illinois Controlled Substances Act.
3 In addition, a hospital affiliate may, but is not required
4to, grant authority to an advanced practice nurse certified as
5a nurse practitioner, nurse midwife, or clinical nurse
6specialist to prescribe any Schedule II controlled substances,
7if all of the following conditions apply:
8 (1) specific Schedule II controlled substances by oral
9 dosage or topical or transdermal application may be
10 designated, provided that the designated Schedule II
11 controlled substances are routinely prescribed by advanced
12 practice nurses in their area of certification; this grant
13 of authority must identify the specific Schedule II
14 controlled substances by either brand name or generic name;
15 authority to prescribe or dispense Schedule II controlled
16 substances to be delivered by injection or other route of
17 administration may not be granted;
18 (2) any grant of authority must be controlled
19 substances limited to the practice of the advanced practice
20 nurse;
21 (3) any prescription must be limited to no more than a
22 30-day supply;
23 (4) the advanced practice nurse must discuss the
24 condition of any patients for whom a controlled substance
25 is prescribed monthly with the appropriate physician
26 committee of the hospital affiliate or its physician

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1 designee; and
2 (5) the advanced practice nurse must meet the education
3 requirements of Section 303.05 of the Illinois Controlled
4 Substances Act.
5(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)
6 (225 ILCS 65/65-50) (was 225 ILCS 65/15-30)
7 (Section scheduled to be repealed on January 1, 2018)
8 Sec. 65-50. APRN APN title.
9 (a) No person shall use any words, abbreviations, figures,
10letters, title, sign, card, or device tending to imply that he
11or she is an advanced practice registered nurse, including, but
12not limited to, using the titles or initials "Advanced Practice
13Registered Nurse", "Advanced Practice Nurse", "Certified Nurse
14Midwife", "Certified Nurse Practitioner", "Certified
15Registered Nurse Anesthetist", "Clinical Nurse Specialist",
16"A.P.R.N.", "A.P.N.", "C.N.M.", "C.N.P.", "C.R.N.A.",
17"C.N.S.", or similar titles or initials, with the intention of
18indicating practice as an advanced practice registered nurse
19without meeting the requirements of this Act.
20 (b) No advanced practice registered nurse shall indicate to
21other persons that he or she is qualified to engage in the
22practice of medicine.
23 (c) An advanced practice registered nurse shall verbally
24identify himself or herself as an advanced practice registered
25nurse, including specialty certification, to each patient.

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1 (d) Nothing in this Act shall be construed to relieve an
2advanced practice registered nurse of the professional or legal
3responsibility for the care and treatment of persons attended
4by him or her.
5(Source: P.A. 95-639, eff. 10-5-07.)
6 (225 ILCS 65/65-55) (was 225 ILCS 65/15-40)
7 (Section scheduled to be repealed on January 1, 2018)
8 Sec. 65-55. Advertising as an APRN APN.
9 (a) A person licensed under this Act as an advanced
10practice registered nurse may advertise the availability of
11professional services in the public media or on the premises
12where the professional services are rendered. The advertising
13shall be limited to the following information:
14 (1) publication of the person's name, title, office
15 hours, address, and telephone number;
16 (2) information pertaining to the person's areas of
17 specialization, including, but not limited to, appropriate
18 board certification or limitation of professional
19 practice;
20 (3) publication of the person's collaborating
21 physician's, dentist's, or podiatric physician's name,
22 title, and areas of specialization;
23 (4) information on usual and customary fees for routine
24 professional services offered, which shall include
25 notification that fees may be adjusted due to complications

SB0642- 20 -LRB100 04152 SMS 14157 b
1 or unforeseen circumstances;
2 (5) announcements of the opening of, change of, absence
3 from, or return to business;
4 (6) announcement of additions to or deletions from
5 professional licensed staff; and
6 (7) the issuance of business or appointment cards.
7 (b) It is unlawful for a person licensed under this Act as
8an advanced practice registered nurse to use testimonials or
9claims of superior quality of care to entice the public. It
10shall be unlawful to advertise fee comparisons of available
11services with those of other licensed persons.
12 (c) This Article does not authorize the advertising of
13professional services that the offeror of the services is not
14licensed or authorized to render. Nor shall the advertiser use
15statements that contain false, fraudulent, deceptive, or
16misleading material or guarantees of success, statements that
17play upon the vanity or fears of the public, or statements that
18promote or produce unfair competition.
19 (d) It is unlawful and punishable under the penalty
20provisions of this Act for a person licensed under this Article
21to knowingly advertise that the licensee will accept as payment
22for services rendered by assignment from any third party payor
23the amount the third party payor covers as payment in full, if
24the effect is to give the impression of eliminating the need of
25payment by the patient of any required deductible or copayment
26applicable in the patient's health benefit plan.

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1 (e) A licensee shall include in every advertisement for
2services regulated under this Act his or her title as it
3appears on the license or the initials authorized under this
4Act.
5 (f) As used in this Section, "advertise" means solicitation
6by the licensee or through another person or entity by means of
7handbills, posters, circulars, motion pictures, radio,
8newspapers, or television or any other manner.
9(Source: P.A. 98-214, eff. 8-9-13.)
10 (225 ILCS 65/65-60) (was 225 ILCS 65/15-45)
11 (Section scheduled to be repealed on January 1, 2018)
12 Sec. 65-60. Continuing education. The Department shall
13adopt rules of continuing education for persons licensed under
14this Article that require 50 hours of continuing education per
152-year license renewal cycle, 20 hours of which shall be
16pharmacology. Of the 20 pharmacology hours, 10 shall be
17regarding Schedule II controlled substances. Completion of the
1850 hours of continuing education shall be deemed to satisfy the
19continuing education requirements for renewal of an advanced
20practice a registered professional nurse license as required by
21this Act. The rules shall not be inconsistent with requirements
22of relevant national certifying bodies or State or national
23professional associations. The rules shall also address
24variances in part or in whole for good cause, including, but
25not, limited to illness or hardship. The continuing education

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1rules shall assure that licensees are given the opportunity to
2participate in programs sponsored by or through their State or
3national professional associations, hospitals, or other
4providers of continuing education. Each licensee is
5responsible for maintaining records of completion of
6continuing education and shall be prepared to produce the
7records when requested by the Department.
8(Source: P.A. 95-639, eff. 10-5-07.)
9 (225 ILCS 65/65-65) (was 225 ILCS 65/15-55)
10 (Section scheduled to be repealed on January 1, 2018)
11 Sec. 65-65. Reports relating to APRN APN professional
12conduct and capacity.
13 (a) Entities Required to Report.
14 (1) Health Care Institutions. The chief administrator
15 or executive officer of a health care institution licensed
16 by the Department of Public Health, which provides the
17 minimum due process set forth in Section 10.4 of the
18 Hospital Licensing Act, shall report to the Board when an
19 advanced practice registered nurse's organized
20 professional staff clinical privileges are terminated or
21 are restricted based on a final determination, in
22 accordance with that institution's bylaws or rules and
23 regulations, that (i) a person has either committed an act
24 or acts that may directly threaten patient care and that
25 are not of an administrative nature or (ii) that a person

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1 may have a mental or physical disability that may endanger
2 patients under that person's care. The chief administrator
3 or officer shall also report if an advanced practice
4 registered nurse accepts voluntary termination or
5 restriction of clinical privileges in lieu of formal action
6 based upon conduct related directly to patient care and not
7 of an administrative nature, or in lieu of formal action
8 seeking to determine whether a person may have a mental or
9 physical disability that may endanger patients under that
10 person's care. The Board shall provide by rule for the
11 reporting to it of all instances in which a person licensed
12 under this Article, who is impaired by reason of age, drug,
13 or alcohol abuse or physical or mental impairment, is under
14 supervision and, where appropriate, is in a program of
15 rehabilitation. Reports submitted under this subsection
16 shall be strictly confidential and may be reviewed and
17 considered only by the members of the Board or authorized
18 staff as provided by rule of the Board. Provisions shall be
19 made for the periodic report of the status of any such
20 reported person not less than twice annually in order that
21 the Board shall have current information upon which to
22 determine the status of that person. Initial and periodic
23 reports of impaired advanced practice registered nurses
24 shall not be considered records within the meaning of the
25 State Records Act and shall be disposed of, following a
26 determination by the Board that such reports are no longer

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1 required, in a manner and at an appropriate time as the
2 Board shall determine by rule. The filing of reports
3 submitted under this subsection shall be construed as the
4 filing of a report for purposes of subsection (c) of this
5 Section.
6 (2) Professional Associations. The President or chief
7 executive officer of an association or society of persons
8 licensed under this Article, operating within this State,
9 shall report to the Board when the association or society
10 renders a final determination that a person licensed under
11 this Article has committed unprofessional conduct related
12 directly to patient care or that a person may have a mental
13 or physical disability that may endanger patients under the
14 person's care.
15 (3) Professional Liability Insurers. Every insurance
16 company that offers policies of professional liability
17 insurance to persons licensed under this Article, or any
18 other entity that seeks to indemnify the professional
19 liability of a person licensed under this Article, shall
20 report to the Board the settlement of any claim or cause of
21 action, or final judgment rendered in any cause of action,
22 that alleged negligence in the furnishing of patient care
23 by the licensee when the settlement or final judgment is in
24 favor of the plaintiff.
25 (4) State's Attorneys. The State's Attorney of each
26 county shall report to the Board all instances in which a

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1 person licensed under this Article is convicted or
2 otherwise found guilty of the commission of a felony.
3 (5) State Agencies. All agencies, boards, commissions,
4 departments, or other instrumentalities of the government
5 of this State shall report to the Board any instance
6 arising in connection with the operations of the agency,
7 including the administration of any law by the agency, in
8 which a person licensed under this Article has either
9 committed an act or acts that may constitute a violation of
10 this Article, that may constitute unprofessional conduct
11 related directly to patient care, or that indicates that a
12 person licensed under this Article may have a mental or
13 physical disability that may endanger patients under that
14 person's care.
15 (b) Mandatory Reporting. All reports required under items
16(16) and (17) of subsection (a) of Section 70-5 shall be
17submitted to the Board in a timely fashion. The reports shall
18be filed in writing within 60 days after a determination that a
19report is required under this Article. All reports shall
20contain the following information:
21 (1) The name, address, and telephone number of the
22 person making the report.
23 (2) The name, address, and telephone number of the
24 person who is the subject of the report.
25 (3) The name or other means of identification of any
26 patient or patients whose treatment is a subject of the

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1 report, except that no medical records may be revealed
2 without the written consent of the patient or patients.
3 (4) A brief description of the facts that gave rise to
4 the issuance of the report, including but not limited to
5 the dates of any occurrences deemed to necessitate the
6 filing of the report.
7 (5) If court action is involved, the identity of the
8 court in which the action is filed, the docket number, and
9 date of filing of the action.
10 (6) Any further pertinent information that the
11 reporting party deems to be an aid in the evaluation of the
12 report.
13 Nothing contained in this Section shall be construed to in
14any way waive or modify the confidentiality of medical reports
15and committee reports to the extent provided by law. Any
16information reported or disclosed shall be kept for the
17confidential use of the Board, the Board's attorneys, the
18investigative staff, and authorized clerical staff and shall be
19afforded the same status as is provided information concerning
20medical studies in Part 21 of Article VIII of the Code of Civil
21Procedure.
22 (c) Immunity from Prosecution. An individual or
23organization acting in good faith, and not in a wilful and
24wanton manner, in complying with this Section by providing a
25report or other information to the Board, by assisting in the
26investigation or preparation of a report or information, by

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1participating in proceedings of the Board, or by serving as a
2member of the Board shall not, as a result of such actions, be
3subject to criminal prosecution or civil damages.
4 (d) Indemnification. Members of the Board, the Board's
5attorneys, the investigative staff, advanced practice
6registered nurses or physicians retained under contract to
7assist and advise in the investigation, and authorized clerical
8staff shall be indemnified by the State for any actions (i)
9occurring within the scope of services on the Board, (ii)
10performed in good faith, and (iii) not wilful and wanton in
11nature. The Attorney General shall defend all actions taken
12against those persons unless he or she determines either that
13there would be a conflict of interest in the representation or
14that the actions complained of were not performed in good faith
15or were wilful and wanton in nature. If the Attorney General
16declines representation, the member shall have the right to
17employ counsel of his or her choice, whose fees shall be
18provided by the State, after approval by the Attorney General,
19unless there is a determination by a court that the member's
20actions were not performed in good faith or were wilful and
21wanton in nature. The member shall notify the Attorney General
22within 7 days of receipt of notice of the initiation of an
23action involving services of the Board. Failure to so notify
24the Attorney General shall constitute an absolute waiver of the
25right to a defense and indemnification. The Attorney General
26shall determine within 7 days after receiving the notice

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1whether he or she will undertake to represent the member.
2 (e) Deliberations of Board. Upon the receipt of a report
3called for by this Section, other than those reports of
4impaired persons licensed under this Article required pursuant
5to the rules of the Board, the Board shall notify in writing by
6certified mail the person who is the subject of the report. The
7notification shall be made within 30 days of receipt by the
8Board of the report. The notification shall include a written
9notice setting forth the person's right to examine the report.
10Included in the notification shall be the address at which the
11file is maintained, the name of the custodian of the reports,
12and the telephone number at which the custodian may be reached.
13The person who is the subject of the report shall submit a
14written statement responding to, clarifying, adding to, or
15proposing to amend the report previously filed. The statement
16shall become a permanent part of the file and shall be received
17by the Board no more than 30 days after the date on which the
18person was notified of the existence of the original report.
19The Board shall review all reports received by it and any
20supporting information and responding statements submitted by
21persons who are the subject of reports. The review by the Board
22shall be in a timely manner but in no event shall the Board's
23initial review of the material contained in each disciplinary
24file be less than 61 days nor more than 180 days after the
25receipt of the initial report by the Board. When the Board
26makes its initial review of the materials contained within its

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1disciplinary files, the Board shall, in writing, make a
2determination as to whether there are sufficient facts to
3warrant further investigation or action. Failure to make that
4determination within the time provided shall be deemed to be a
5determination that there are not sufficient facts to warrant
6further investigation or action. Should the Board find that
7there are not sufficient facts to warrant further investigation
8or action, the report shall be accepted for filing and the
9matter shall be deemed closed and so reported. The individual
10or entity filing the original report or complaint and the
11person who is the subject of the report or complaint shall be
12notified in writing by the Board of any final action on their
13report or complaint.
14 (f) Summary Reports. The Board shall prepare, on a timely
15basis, but in no event less than one every other month, a
16summary report of final actions taken upon disciplinary files
17maintained by the Board. The summary reports shall be made
18available to the public upon request and payment of the fees
19set by the Department. This publication may be made available
20to the public on the Department's Internet website.
21 (g) Any violation of this Section shall constitute a Class
22A misdemeanor.
23 (h) If a person violates the provisions of this Section, an
24action may be brought in the name of the People of the State of
25Illinois, through the Attorney General of the State of
26Illinois, for an order enjoining the violation or for an order

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1enforcing compliance with this Section. Upon filing of a
2verified petition in court, the court may issue a temporary
3restraining order without notice or bond and may preliminarily
4or permanently enjoin the violation, and if it is established
5that the person has violated or is violating the injunction,
6the court may punish the offender for contempt of court.
7Proceedings under this subsection shall be in addition to, and
8not in lieu of, all other remedies and penalties provided for
9by this Section.
10(Source: P.A. 99-143, eff. 7-27-15.)
11 Section 99. Effective date. This Act takes effect upon
12becoming law.
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