Bill Text: IL SB0731 | 2009-2010 | 96th General Assembly | Engrossed
Bill Title: Amends the Nurse Practice Act. Makes a technical change in a Section concerning a licensed practical nurse's scope of practice.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2010-04-30 - Third Reading - Standard Debate - Lost 042-072-000 [SB0731 Detail]
Download: Illinois-2009-SB0731-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by adding | ||||||
5 | Section 5.756 as follows:
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6 | (30 ILCS 105/5.756 new) | ||||||
7 | Sec. 5.756. The Hospital Licensure Fund.
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8 | Section 10. The Hospital Licensing Act is amended by | ||||||
9 | changing Sections 5 and 6 and by adding Section 14.5 as | ||||||
10 | follows:
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11 | (210 ILCS 85/5) (from Ch. 111 1/2, par. 146)
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12 | Sec. 5.
(a) An application for a permit to establish a | ||||||
13 | hospital shall be
made to the Department upon forms provided by | ||||||
14 | it. This application shall
contain such information as the | ||||||
15 | Department reasonably requires, which shall
include | ||||||
16 | affirmative evidence on which the Director may make the | ||||||
17 | findings
required under Section 6a of this Act.
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18 | (b) An application for a license to open, conduct, operate, | ||||||
19 | and maintain
a hospital shall be made to the Department upon | ||||||
20 | forms provided by it , accompanied by a license fee of $30 per | ||||||
21 | bed, provided that a lesser amount may be established by |
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1 | administrative rule of the Department, if the Department, in | ||||||
2 | consultation with the Department of Healthcare and Family | ||||||
3 | Services, determines that $30 per bed would exceed the | ||||||
4 | limitations on health care-related taxes imposed by 42 U.S.C. | ||||||
5 | 1396b(w) that, if violated, would result in reductions to the | ||||||
6 | amount of federal financial participation received by the State | ||||||
7 | for Medicaid expenditures, and
shall contain such information | ||||||
8 | as the Department reasonably requires, which
may include | ||||||
9 | affirmative evidence of ability to comply with the provisions
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10 | of this Act and the standards, rules, and regulations, | ||||||
11 | promulgated by
virtue thereof.
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12 | (c) All applications required under this Section shall be | ||||||
13 | signed by the
applicant and shall be verified. Applications on | ||||||
14 | behalf of a corporation or
association or a governmental unit | ||||||
15 | or agency shall be made and verified by
any two officers | ||||||
16 | thereof.
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17 | (Source: Laws 1965, p. 2350.)
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18 | (210 ILCS 85/6) (from Ch. 111 1/2, par. 147)
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19 | Sec. 6.
(a) Upon receipt of an application for a permit to | ||||||
20 | establish
a hospital the Director shall issue a permit if he | ||||||
21 | finds (1) that the
applicant is fit, willing, and able to | ||||||
22 | provide a proper standard of
hospital service for the community | ||||||
23 | with particular regard to the
qualification, background, and | ||||||
24 | character of the applicant, (2) that the
financial resources | ||||||
25 | available to the applicant demonstrate an ability to
construct, |
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1 | maintain, and operate a hospital in accordance with the
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2 | standards, rules, and regulations adopted pursuant to this Act, | ||||||
3 | and (3)
that safeguards are provided which assure hospital | ||||||
4 | operation and
maintenance consistent with the public interest | ||||||
5 | having particular regard
to safe, adequate, and efficient | ||||||
6 | hospital facilities and services.
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7 | The Director may request the cooperation of county and
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8 | multiple-county health departments, municipal boards of | ||||||
9 | health, and
other governmental and non-governmental agencies | ||||||
10 | in obtaining
information and in conducting investigations | ||||||
11 | relating to such
applications.
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12 | A permit to establish a hospital shall be valid only for | ||||||
13 | the premises
and person named in the application for such | ||||||
14 | permit and shall not be
transferable or assignable.
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15 | In the event the Director issues a permit to establish a | ||||||
16 | hospital the
applicant shall thereafter submit plans and | ||||||
17 | specifications to the
Department in accordance with Section 8 | ||||||
18 | of this Act.
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19 | (b) Upon receipt of an application for license to open, | ||||||
20 | conduct,
operate, and maintain a hospital, the Director shall | ||||||
21 | issue a license if
he finds the applicant and the hospital | ||||||
22 | facilities comply with
standards, rules, and regulations | ||||||
23 | promulgated under this Act. A license,
unless sooner suspended | ||||||
24 | or revoked, shall be renewable annually upon
approval by the | ||||||
25 | Department and payment of a license fee as established pursuant | ||||||
26 | to Section 5 of this Act . Each license shall be issued only for |
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1 | the
premises and persons named in the application and shall not | ||||||
2 | be
transferable or assignable. Licenses shall be posted in a | ||||||
3 | conspicuous
place on the licensed premises. The Department may, | ||||||
4 | either before or
after the issuance of a license, request the | ||||||
5 | cooperation of the State Fire
Marshal, county
and multiple | ||||||
6 | county health departments, or municipal boards of health to
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7 | make investigations to determine if the applicant or licensee | ||||||
8 | is
complying with the minimum standards prescribed by the | ||||||
9 | Department. The
report and recommendations of any such agency | ||||||
10 | shall be in writing and
shall state with particularity its | ||||||
11 | findings with respect to compliance
or noncompliance with such | ||||||
12 | minimum standards, rules, and regulations.
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13 | The Director may issue a provisional license to any | ||||||
14 | hospital which
does not substantially comply with the | ||||||
15 | provisions of this Act and the
standards, rules, and | ||||||
16 | regulations promulgated by virtue thereof provided
that he | ||||||
17 | finds that such hospital has undertaken changes and corrections
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18 | which upon completion will render the hospital in substantial | ||||||
19 | compliance
with the provisions of this Act, and the standards, | ||||||
20 | rules, and
regulations adopted hereunder, and provided that the | ||||||
21 | health and safety
of the patients of the hospital will be | ||||||
22 | protected during the period for
which such provisional license | ||||||
23 | is issued. The Director shall advise the
licensee of the | ||||||
24 | conditions under which such provisional license is
issued, | ||||||
25 | including the manner in which the hospital facilities fail to
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26 | comply with the provisions of the Act, standards, rules, and
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1 | regulations, and the time within which the changes and | ||||||
2 | corrections
necessary for such hospital facilities to | ||||||
3 | substantially comply with this
Act, and the standards, rules, | ||||||
4 | and regulations of the Department
relating thereto shall be | ||||||
5 | completed.
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6 | (Source: P.A. 80-56.)
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7 | (210 ILCS 85/14.5 new) | ||||||
8 | Sec. 14.5. Hospital Licensure Fund. The Department shall | ||||||
9 | deposit all fees and fines collected in relation to the | ||||||
10 | licensure of hospitals into the Hospital Licensure Fund, a | ||||||
11 | special fund created in the State treasury, for the purpose of | ||||||
12 | providing programs, information, or assistance designed to | ||||||
13 | improve patient safety and quality in hospitals. | ||||||
14 | Notwithstanding any other provision of law, the monies | ||||||
15 | deposited into the Hospital Licensure Fund shall not be subject | ||||||
16 | to transfer to other funds held by the State or used by the | ||||||
17 | Department for any purposes other than those specified under | ||||||
18 | this Section.
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
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