Bill Amendment: IL HB0559 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REGULATION-TECH
Status: 2023-04-27 - Added as Alternate Co-Sponsor Sen. Doris Turner [HB0559 Detail]
Download: Illinois-2023-HB0559-House_Amendment_001.html
Bill Title: REGULATION-TECH
Status: 2023-04-27 - Added as Alternate Co-Sponsor Sen. Doris Turner [HB0559 Detail]
Download: Illinois-2023-HB0559-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 559
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2 | AMENDMENT NO. ______. Amend House Bill 559 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. This Act may be referred to as the Health Care | ||||||
5 | Workforce Reinforcement Act.
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6 | Section 5. The Department of Professional Regulation Law | ||||||
7 | of the
Civil Administrative Code of Illinois is amended by | ||||||
8 | changing Section 2105-400 as follows:
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9 | (20 ILCS 2105/2105-400)
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10 | Sec. 2105-400. Emergency powers. | ||||||
11 | (a) Upon proclamation of a disaster by the Governor, as | ||||||
12 | provided for in the Illinois Emergency Management Agency Act, | ||||||
13 | the Secretary of Financial and Professional Regulation shall | ||||||
14 | have the following powers, which shall be exercised only in | ||||||
15 | coordination with the Illinois Emergency Management Agency and |
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1 | the Department of Public Health:
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2 | (1) The power to suspend the requirements for | ||||||
3 | permanent or temporary licensure of persons who are | ||||||
4 | licensed in another state and are working under the | ||||||
5 | direction of the Illinois Emergency Management Agency and | ||||||
6 | the Department of Public Health pursuant to a declared | ||||||
7 | disaster. | ||||||
8 | (2) The power to modify the scope of practice | ||||||
9 | restrictions under any licensing act administered by the | ||||||
10 | Department for any person working under the direction of | ||||||
11 | the Illinois Emergency Management Agency and the Illinois | ||||||
12 | Department of Public Health pursuant to the declared | ||||||
13 | disaster. | ||||||
14 | (3) The power to expand the exemption in Section 4(a) | ||||||
15 | of the Pharmacy Practice Act to those licensed | ||||||
16 | professionals whose scope of practice has been modified, | ||||||
17 | under paragraph (2) of subsection (a) of this Section, to | ||||||
18 | include any element of the practice of pharmacy as defined | ||||||
19 | in the Pharmacy Practice Act for any person working under | ||||||
20 | the direction of the Illinois Emergency Management Agency | ||||||
21 | and the Illinois Department of Public Health pursuant to | ||||||
22 | the declared disaster. | ||||||
23 | (b) Persons exempt from licensure under paragraph (1) of | ||||||
24 | subsection (a) of this Section and persons operating under | ||||||
25 | modified scope of practice provisions under paragraph (2) of | ||||||
26 | subsection (a) of this Section shall be exempt from licensure |
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1 | or be subject to modified scope of practice only until the | ||||||
2 | declared disaster has ended as provided by law. For purposes | ||||||
3 | of this Section, persons working under the direction of an | ||||||
4 | emergency services and disaster agency accredited by the | ||||||
5 | Illinois Emergency Management Agency and a local public health | ||||||
6 | department, pursuant to a declared disaster, shall be deemed | ||||||
7 | to be working under the direction of the Illinois Emergency | ||||||
8 | Management Agency and the Department of Public Health.
| ||||||
9 | (c) The Secretary or the Director, as his or her designee, | ||||||
10 | shall exercise these powers by way of proclamation.
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11 | (d) Any person who was issued a temporary out-of-state | ||||||
12 | permit by the Department, pursuant to a proclamation issued by | ||||||
13 | the Secretary or related action by the Director in response to | ||||||
14 | the COVID-19 pandemic, may continue to practice under his or | ||||||
15 | her temporary out-of-state permit if he or she submits an | ||||||
16 | application for licensure by endorsement to the Department on | ||||||
17 | or before May 11, 2023. Any such person may continue to | ||||||
18 | practice under his or her temporary out-of-state permit until | ||||||
19 | the Department issues the license or denies the application, | ||||||
20 | at which time the temporary out-of-state permit shall expire. | ||||||
21 | If the Department does not issue the license or does not deny | ||||||
22 | the application by May 11, 2024, the temporary out-of-state | ||||||
23 | permit shall expire. If the person holding a temporary | ||||||
24 | out-of-state permit does not submit an application for | ||||||
25 | licensure by endorsement to the Department on or before May | ||||||
26 | 11, 2023, the temporary out-of-state COVID permit shall expire |
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1 | on that date. This subsection applies to the following | ||||||
2 | licensed professions: physician; registered nurse; practical | ||||||
3 | nurse; advanced practice registered nurse; full practice | ||||||
4 | advanced practice registered nurse; pharmacist; occupational | ||||||
5 | therapist; occupational therapy assistant; physical therapist; | ||||||
6 | physical therapy assistant; clinical psychologist; physician | ||||||
7 | assistant; clinical social worker; social worker; dietitian | ||||||
8 | nutritionist; professional counselor; clinical professional | ||||||
9 | counselor; and respiratory care practitioner. | ||||||
10 | (e) Any person who was issued a temporary reinstatement | ||||||
11 | permit by the Department, pursuant to a proclamation issued by | ||||||
12 | the Secretary or related action by the Director in response to | ||||||
13 | the COVID-19 pandemic, may continue to practice under his or | ||||||
14 | her temporary reinstatement permit if he or she submits an | ||||||
15 | application for restoration or reinstatement of his or her | ||||||
16 | license to the Department on or before May 11, 2023. Any such | ||||||
17 | person may continue to practice under his or her temporary | ||||||
18 | reinstatement permit until the Department restores or | ||||||
19 | reinstates the license or denies the application, at which | ||||||
20 | time the temporary reinstatement permit shall expire. If the | ||||||
21 | Department does not restore or reinstate the license or does | ||||||
22 | not deny the application by May 11, 2024, the temporary | ||||||
23 | reinstatement permit shall expire. If the person holding a | ||||||
24 | temporary reinstatement permit does not submit an application | ||||||
25 | for restoration or reinstatement to the Department on or | ||||||
26 | before May 11, 2023, the temporary reinstatement permit shall |
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1 | expire on that date. This subsection applies to the following | ||||||
2 | licensed professions: physician; registered nurse; practical | ||||||
3 | nurse; advanced practice registered nurse; full practice | ||||||
4 | advanced practice registered nurse; pharmacist; occupational | ||||||
5 | therapist; occupational therapy assistant; physical therapist; | ||||||
6 | physical therapy assistant; clinical psychologist; physician | ||||||
7 | assistant; clinical social worker; social worker; dietitian | ||||||
8 | nutritionist; professional counselor; clinical professional | ||||||
9 | counselor; and respiratory care practitioner. | ||||||
10 | (Source: P.A. 99-227, eff. 8-3-15.)
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11 | Section 10. The Assisted Living and Shared Housing Act is | ||||||
12 | amended by changing Sections 40 and 110 as follows:
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13 | (210 ILCS 9/40)
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14 | Sec. 40. Probationary licenses. If the applicant has not | ||||||
15 | been
previously licensed under this
Act or if the | ||||||
16 | establishment is not in operation at the time the application | ||||||
17 | is
made and if the Department determines that the applicant | ||||||
18 | meets the licensure requirements of this Act, the Department
| ||||||
19 | shall
issue a probationary license. A probationary license | ||||||
20 | shall be valid for
120 days , except that probationary licenses | ||||||
21 | shall be valid for the duration of a disaster proclaimed by the | ||||||
22 | Governor, unless
sooner suspended or revoked. Within 30 days | ||||||
23 | prior to the termination of a
probationary license,
the | ||||||
24 | Department shall fully and completely review the establishment |
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1 | and, if the
establishment
meets the applicable requirements | ||||||
2 | for licensure, shall issue a license , except that during a | ||||||
3 | disaster proclaimed by the Governor, the Department shall | ||||||
4 | fully and completely review the establishment to the extent | ||||||
5 | feasible . If the
Department finds
that the establishment does | ||||||
6 | not meet the requirements for licensure, but has
made | ||||||
7 | substantial
progress toward meeting those requirements, the | ||||||
8 | license may be renewed once for
a period not to
exceed 120 days | ||||||
9 | from the expiration date of the initial probationary license.
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10 | (Source: P.A. 93-1003, eff. 8-23-04.)
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11 | (210 ILCS 9/110) | ||||||
12 | Sec. 110. Powers and duties of the Department. | ||||||
13 | (a) The Department shall conduct an annual unannounced | ||||||
14 | on-site visit at
each
assisted living and shared
housing | ||||||
15 | establishment to determine compliance with applicable | ||||||
16 | licensure
requirements and
standards , except that during a | ||||||
17 | disaster proclaimed by the Governor, the Department shall | ||||||
18 | conduct on-site reviews and annual unannounced on-site visits | ||||||
19 | to the extent feasible . Additional visits may be conducted | ||||||
20 | without prior notice to the
assisted living
or shared housing
| ||||||
21 | establishment. | ||||||
22 | (b) Upon receipt of information that may indicate the | ||||||
23 | failure of the
assisted living or shared housing
establishment | ||||||
24 | or a service provider to comply with a provision of this Act,
| ||||||
25 | the Department shall
investigate the matter or make |
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1 | appropriate referrals to other government
agencies and | ||||||
2 | entities having
jurisdiction over the subject matter of the | ||||||
3 | possible violation. The Department
may also make
referrals to | ||||||
4 | any public or private agency that the Department considers
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5 | available for appropriate
assistance to those involved. The | ||||||
6 | Department may oversee and coordinate the
enforcement of State
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7 | consumer protection policies affecting residents residing in | ||||||
8 | an establishment
licensed under this Act. | ||||||
9 | (c) The Department shall establish by rule complaint | ||||||
10 | receipt,
investigation,
resolution, and involuntary
residency | ||||||
11 | termination procedures. Resolution procedures shall provide | ||||||
12 | for
on-site review and
evaluation of an assisted living or | ||||||
13 | shared housing establishment found to be
in violation of this | ||||||
14 | Act
within a specified period of time based on the gravity and | ||||||
15 | severity of the
violation and any pervasive
pattern of | ||||||
16 | occurrences of the same or similar violations. | ||||||
17 | (d) (Blank). | ||||||
18 | (e) The Department shall by rule establish penalties and | ||||||
19 | sanctions, which
shall include, but need not be limited to,
| ||||||
20 | the creation of a schedule of graduated penalties and | ||||||
21 | sanctions to include
closure. | ||||||
22 | (f) The Department shall by rule establish procedures for | ||||||
23 | disclosure of
information to the public, which
shall include, | ||||||
24 | but not be limited to, ownership, licensure status, frequency | ||||||
25 | of
complaints, disposition of
substantiated complaints, and | ||||||
26 | disciplinary actions. |
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1 | (g) (Blank). | ||||||
2 | (h) Beginning January 1, 2000, the Department shall begin | ||||||
3 | drafting rules
necessary for the administration
of this Act. | ||||||
4 | (Source: P.A. 96-975, eff. 7-2-10.)
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5 | Section 15. The Nursing Home Care Act is amended by | ||||||
6 | changing Sections 3-102.2, 3-116, 3-702, 3-102.2, 3-202.5, | ||||||
7 | 3-202.6, 3-206, and 3-401 as follows:
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8 | (210 ILCS 45/3-102.2)
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9 | Sec. 3-102.2. Supported congregate living arrangement | ||||||
10 | demonstration. The
Illinois Department may grant no more than | ||||||
11 | 3 waivers from the requirements of
this Act for facilities | ||||||
12 | participating in the supported
congregate living arrangement | ||||||
13 | demonstration. A joint waiver request must be
made by an | ||||||
14 | applicant and the Department on Aging. If the Department on | ||||||
15 | Aging
does not act upon an application within 60 days, the | ||||||
16 | applicant may submit a
written waiver request on its own | ||||||
17 | behalf. The waiver request must include a
specific program | ||||||
18 | plan describing the types of residents to be served and the
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19 | services that will be provided in the facility. The Department | ||||||
20 | shall conduct
an on-site review at each facility annually or | ||||||
21 | as often as necessary to
ascertain compliance with the program | ||||||
22 | plan , except that during a disaster proclaimed by the | ||||||
23 | Governor, the Department shall conduct on-site reviews and | ||||||
24 | annual unannounced on-site visits to the extent feasible . The |
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1 | Department may revoke the
waiver if it determines that the | ||||||
2 | facility is not in compliance with the program
plan. Nothing | ||||||
3 | in this Section prohibits the Department from conducting
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4 | complaint investigations.
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5 | A facility granted a waiver under this Section is not | ||||||
6 | subject to the
Illinois
Health Facilities Planning Act, unless | ||||||
7 | it subsequently
applies for a
certificate
of need to convert | ||||||
8 | to a nursing facility. A facility applying for conversion
| ||||||
9 | shall meet the licensure and
certificate of need requirements | ||||||
10 | in effect as of the date of application, and
this provision may | ||||||
11 | not be waived.
| ||||||
12 | (Source: P.A. 89-530, eff. 7-19-96.)
| ||||||
13 | (210 ILCS 45/3-116) (from Ch. 111 1/2, par. 4153-116)
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14 | Sec. 3-116.
If the applicant has not been previously | ||||||
15 | licensed or if the
facility is not in operation at the time | ||||||
16 | application is made, the Department
shall issue only a | ||||||
17 | probationary license. A probationary license shall be
valid | ||||||
18 | for 120 days , except that probationary licenses shall be valid | ||||||
19 | for the duration of a disaster proclaimed by the Governor, | ||||||
20 | unless sooner suspended or revoked under Section 3-119.
Within | ||||||
21 | 30 days prior to the termination of a probationary license, | ||||||
22 | the Department
shall fully and completely inspect the facility | ||||||
23 | and, if the facility meets
the applicable requirements for | ||||||
24 | licensure, shall issue a license under Section
3-109 , except | ||||||
25 | that during a disaster proclaimed by the Governor, the |
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1 | Department shall fully and completely inspect the | ||||||
2 | establishment within appropriate timeframes to the extent | ||||||
3 | feasible . If the Department finds that the facility does not | ||||||
4 | meet the requirements
for licensure but has made substantial | ||||||
5 | progress toward meeting those requirements,
the license may be | ||||||
6 | renewed once for a period not to exceed 120 days from
the | ||||||
7 | expiration date of the initial probationary license.
| ||||||
8 | (Source: P.A. 81-223.)
| ||||||
9 | (210 ILCS 45/3-202.5)
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10 | Sec. 3-202.5. Facility plan review; fees.
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11 | (a) Before commencing construction of a new facility or | ||||||
12 | specified types of
alteration or additions to an existing long | ||||||
13 | term care facility involving
major construction, as defined by | ||||||
14 | rule by the Department, with an
estimated cost greater than | ||||||
15 | $100,000, architectural
drawings and specifications for the | ||||||
16 | facility shall be submitted to the
Department for review and | ||||||
17 | approval.
A facility may submit architectural drawings and | ||||||
18 | specifications for other
construction projects for Department | ||||||
19 | review according to subsection (b) that
shall not be subject | ||||||
20 | to fees under subsection (d).
Review of drawings and | ||||||
21 | specifications shall be conducted by an employee of the
| ||||||
22 | Department meeting the qualifications established by the | ||||||
23 | Department of Central
Management Services class specifications | ||||||
24 | for such an individual's position or
by a person contracting | ||||||
25 | with the Department who meets those class
specifications. |
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1 | Final approval of the drawings and specifications for
| ||||||
2 | compliance with design and construction standards shall be | ||||||
3 | obtained from the
Department before the alteration, addition, | ||||||
4 | or new construction is begun.
| ||||||
5 | (b) The Department shall inform an applicant in writing | ||||||
6 | within 10 working
days after receiving drawings and | ||||||
7 | specifications and the required fee, if any,
from the | ||||||
8 | applicant whether the applicant's submission is complete or
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9 | incomplete. Failure to provide the applicant with this notice | ||||||
10 | within 10
working days shall result in the submission being | ||||||
11 | deemed complete for purposes
of initiating the 60-day review | ||||||
12 | period under this Section. If the submission
is incomplete, | ||||||
13 | the Department shall inform the applicant of the deficiencies
| ||||||
14 | with the submission in writing. If the submission is complete | ||||||
15 | the required
fee, if any, has been paid,
the Department shall | ||||||
16 | approve or disapprove drawings and specifications
submitted to | ||||||
17 | the Department no later than 60 days following receipt by the
| ||||||
18 | Department. The drawings and specifications shall be of | ||||||
19 | sufficient detail, as
provided by Department rule, to
enable | ||||||
20 | the Department to
render a determination of compliance with | ||||||
21 | design and construction standards
under this Act.
If the | ||||||
22 | Department finds that the drawings are not of sufficient | ||||||
23 | detail for it
to render a determination of compliance, the | ||||||
24 | plans shall be determined to be
incomplete and shall not be | ||||||
25 | considered for purposes of initiating the 60 day
review | ||||||
26 | period.
If a submission of drawings and specifications is |
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1 | incomplete, the applicant
may submit additional information. | ||||||
2 | The 60-day review period shall not commence
until the | ||||||
3 | Department determines that a submission of drawings and
| ||||||
4 | specifications is complete or the submission is deemed | ||||||
5 | complete.
If the Department has not approved or disapproved | ||||||
6 | the
drawings and specifications within 60 days, the | ||||||
7 | construction, major alteration,
or addition shall be deemed | ||||||
8 | approved. If the drawings and specifications are
disapproved, | ||||||
9 | the Department shall state in writing, with specificity, the
| ||||||
10 | reasons for the disapproval. The entity submitting the | ||||||
11 | drawings and
specifications may submit additional information | ||||||
12 | in response to the written
comments from the Department or | ||||||
13 | request a reconsideration of the disapproval.
A final decision | ||||||
14 | of approval or disapproval shall be made within 45 days of the
| ||||||
15 | receipt of the additional information or reconsideration | ||||||
16 | request. If denied,
the Department shall state the specific | ||||||
17 | reasons for the denial.
| ||||||
18 | (c) The Department shall provide written approval for | ||||||
19 | occupancy pursuant
to subsection (g) and shall not issue a | ||||||
20 | violation to a facility as a result
of
a licensure or complaint | ||||||
21 | survey based upon the facility's physical structure
if:
| ||||||
22 | (1) the Department reviewed and approved or deemed | ||||||
23 | approved the drawings
and specifications
for compliance | ||||||
24 | with design and construction standards;
| ||||||
25 | (2) the construction, major alteration, or addition | ||||||
26 | was built as
submitted;
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1 | (3) the law or rules have not been amended since the | ||||||
2 | original approval;
and
| ||||||
3 | (4) the conditions at the facility indicate that there | ||||||
4 | is a reasonable
degree of safety provided for the | ||||||
5 | residents.
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6 | (d) The Department shall charge the following fees in | ||||||
7 | connection with its
reviews conducted before June 30, 2004 | ||||||
8 | under this Section:
| ||||||
9 | (1) (Blank).
| ||||||
10 | (2) (Blank).
| ||||||
11 | (3) If the estimated dollar value of the alteration, | ||||||
12 | addition, or new
construction is $100,000 or more but less | ||||||
13 | than $500,000, the fee shall be the
greater of $2,400 or | ||||||
14 | 1.2% of that value.
| ||||||
15 | (4) If the estimated dollar value of the alteration, | ||||||
16 | addition, or new
construction is $500,000 or more but less | ||||||
17 | than $1,000,000, the fee shall be the
greater of $6,000 or | ||||||
18 | 0.96% of that value.
| ||||||
19 | (5) If the estimated dollar value of the alteration, | ||||||
20 | addition, or new
construction is $1,000,000 or more but | ||||||
21 | less than $5,000,000, the fee shall be
the greater of | ||||||
22 | $9,600 or 0.22% of that value.
| ||||||
23 | (6) If the estimated dollar value of the alteration, | ||||||
24 | addition, or new
construction is $5,000,000 or more, the | ||||||
25 | fee shall be
the greater of $11,000 or 0.11% of that value, | ||||||
26 | but shall not exceed $40,000.
|
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1 | The fees provided in this subsection (d) shall not apply | ||||||
2 | to major
construction projects involving facility changes that | ||||||
3 | are required by
Department rule amendments.
| ||||||
4 | The fees provided in this subsection (d) shall also not | ||||||
5 | apply to major
construction projects if 51% or more of the | ||||||
6 | estimated cost of the project is
attributed to capital | ||||||
7 | equipment. For major construction projects where 51% or
more | ||||||
8 | of the estimated cost of the project is attributed to capital | ||||||
9 | equipment,
the Department shall by rule establish a fee that | ||||||
10 | is reasonably related to the
cost of reviewing the project.
| ||||||
11 | The Department shall not commence the facility plan review | ||||||
12 | process under this
Section until
the applicable fee has been | ||||||
13 | paid.
| ||||||
14 | (e) All fees received by the Department under this Section | ||||||
15 | shall be
deposited into the Health Facility Plan Review Fund, | ||||||
16 | a special fund created in
the State Treasury.
All fees paid by | ||||||
17 | long-term care facilities under subsection (d) shall be used
| ||||||
18 | only to cover the costs relating to the Department's review of | ||||||
19 | long-term care
facility projects under this Section.
Moneys | ||||||
20 | shall be appropriated from that Fund to the
Department only to | ||||||
21 | pay the costs of conducting reviews under this Section or | ||||||
22 | under Section 3-202.5 of the ID/DD Community Care Act or | ||||||
23 | Section 3-202.5 of the MC/DD Act.
None of the moneys in the | ||||||
24 | Health Facility Plan Review Fund shall be used to
reduce the | ||||||
25 | amount of General Revenue Fund moneys appropriated to the | ||||||
26 | Department
for facility plan reviews conducted pursuant to |
| |||||||
| |||||||
1 | this Section.
| ||||||
2 | (f)(1) The provisions of this amendatory Act of 1997 | ||||||
3 | concerning drawings
and specifications shall apply only to | ||||||
4 | drawings and specifications submitted to
the Department on or | ||||||
5 | after October 1, 1997.
| ||||||
6 | (2) On and after the effective date of this amendatory Act | ||||||
7 | of 1997 and
before October 1, 1997, an applicant may submit or | ||||||
8 | resubmit drawings and
specifications to the Department and pay | ||||||
9 | the fees provided in subsection (d).
If an applicant pays the | ||||||
10 | fees provided in subsection (d) under this paragraph
(2), the | ||||||
11 | provisions of subsection (b) shall apply with regard to those | ||||||
12 | drawings
and specifications.
| ||||||
13 | (g) The Department shall conduct an on-site inspection of | ||||||
14 | the completed
project no later than 30 days after notification | ||||||
15 | from the applicant that the
project has been completed and all | ||||||
16 | certifications required by the Department
have been received | ||||||
17 | and accepted by the Department , except that during a disaster | ||||||
18 | proclaimed by the Governor, the Department shall conduct an | ||||||
19 | on-site inspection of the completed project to the extent | ||||||
20 | feasible . The Department shall
provide written approval for | ||||||
21 | occupancy to the applicant within 5 working days
of the | ||||||
22 | Department's final inspection, provided the applicant has | ||||||
23 | demonstrated
substantial compliance as defined by Department | ||||||
24 | rule.
Occupancy of new major construction is
prohibited until | ||||||
25 | Department approval is received, unless the Department has
not | ||||||
26 | acted within the time frames provided in this subsection (g), |
| |||||||
| |||||||
1 | in which case
the construction shall be deemed approved. | ||||||
2 | Occupancy shall be authorized after any required health | ||||||
3 | inspection by the Department has been
conducted.
| ||||||
4 | (h) The Department shall establish, by rule, a procedure | ||||||
5 | to conduct interim
on-site review of large or complex | ||||||
6 | construction projects.
| ||||||
7 | (i) The Department shall establish, by rule, an expedited | ||||||
8 | process for
emergency repairs or replacement of like | ||||||
9 | equipment.
| ||||||
10 | (j) Nothing in this Section shall be construed to apply to | ||||||
11 | maintenance,
upkeep, or renovation that does not affect the | ||||||
12 | structural integrity of the
building, does not add beds or | ||||||
13 | services over the number for which the
long-term care facility | ||||||
14 | is licensed, and provides a reasonable degree of safety
for | ||||||
15 | the residents.
| ||||||
16 | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
| ||||||
17 | (210 ILCS 45/3-202.6) | ||||||
18 | Sec. 3-202.6. Department of Veterans' Affairs facility
| ||||||
19 | plan review. | ||||||
20 | (a) Before commencing construction of a new facility or | ||||||
21 | specified types of alteration or additions to an existing | ||||||
22 | long-term care facility involving major construction, as | ||||||
23 | defined by rule by the Department, with an estimated cost | ||||||
24 | greater than $100,000, architectural drawings and | ||||||
25 | specifications for the facility shall be submitted to the |
| |||||||
| |||||||
1 | Department for review. A facility may submit architectural | ||||||
2 | drawings and specifications for other construction projects | ||||||
3 | for Department review according to subsection (b) of this | ||||||
4 | Section. Review of drawings and specifications shall be | ||||||
5 | conducted by an employee of the Department meeting the | ||||||
6 | qualifications established by the Department of Central | ||||||
7 | Management Services class specifications for such an | ||||||
8 | individual's position or by a person contracting with the | ||||||
9 | Department who meets those class specifications. | ||||||
10 | (b) The Department shall inform an applicant in writing
| ||||||
11 | within 15 working days after receiving drawings and | ||||||
12 | specifications from the applicant whether the applicant's | ||||||
13 | submission is complete or incomplete. Failure to provide the | ||||||
14 | applicant with this notice within 15 working days after | ||||||
15 | receiving drawings and specifications from the applicant shall | ||||||
16 | result in the submission being deemed complete for purposes of | ||||||
17 | initiating the 60-working-day review period under this | ||||||
18 | Section. If the submission is incomplete, the Department shall | ||||||
19 | inform the applicant of the deficiencies with the submission | ||||||
20 | in writing. | ||||||
21 | If the submission is complete, the Department shall | ||||||
22 | approve or disapprove drawings and specifications submitted to | ||||||
23 | the
Department no later than 60 working days following receipt | ||||||
24 | by the Department. The drawings and specifications shall be of | ||||||
25 | sufficient detail, as provided by Department rule, to enable | ||||||
26 | the Department to render a determination of compliance with |
| |||||||
| |||||||
1 | design and construction standards under this Act. If the | ||||||
2 | Department finds that the drawings are not of sufficient | ||||||
3 | detail for it to render a determination of compliance, the | ||||||
4 | plans shall be determined to be incomplete and shall not be | ||||||
5 | considered for purposes of initiating the 60-working-day | ||||||
6 | review period. If a submission of drawings and specifications | ||||||
7 | is incomplete, the applicant may submit additional | ||||||
8 | information. The 60-working-day review period shall not | ||||||
9 | commence until the Department determines that a submission of | ||||||
10 | drawings and specifications is complete or the submission is | ||||||
11 | deemed complete. If the Department has not approved or | ||||||
12 | disapproved the drawings and specifications within 60 working | ||||||
13 | days after receipt by the Department, the construction, major | ||||||
14 | alteration, or addition shall be deemed approved. If the
| ||||||
15 | drawings and specifications are disapproved, the Department
| ||||||
16 | shall state in writing, with specificity, the reasons for the | ||||||
17 | disapproval. The entity submitting the drawings and | ||||||
18 | specifications may submit additional information in response | ||||||
19 | to the written comments from the Department or request a | ||||||
20 | reconsideration of the disapproval. A final decision of | ||||||
21 | approval or disapproval shall be made within 45 working days | ||||||
22 | after the receipt of the additional information or | ||||||
23 | reconsideration request. If denied, the Department shall state | ||||||
24 | the specific reasons for the denial. | ||||||
25 | (c) The Department shall provide written approval for | ||||||
26 | occupancy pursuant to subsection (e) of this Section and shall |
| |||||||
| |||||||
1 | not issue a violation to a facility as a result of a licensure | ||||||
2 | or complaint survey based upon the facility's physical | ||||||
3 | structure if: | ||||||
4 | (1) the Department reviewed and approved or is deemed | ||||||
5 | to have approved the drawings and specifications for | ||||||
6 | compliance with design and construction standards; | ||||||
7 | (2) the construction, major alteration, or addition | ||||||
8 | was built as submitted; | ||||||
9 | (3) the law or rules have not been amended since the | ||||||
10 | original approval; and | ||||||
11 | (4) the conditions at the facility indicate that there | ||||||
12 | is a reasonable degree of safety provided for the | ||||||
13 | residents. | ||||||
14 | (d) The Department shall not charge a fee in connection | ||||||
15 | with its reviews to the Department of Veterans' Affairs. | ||||||
16 | (e) The Department shall conduct an on-site inspection of
| ||||||
17 | the completed project no later than 45 working days after | ||||||
18 | notification from the applicant that the project has been | ||||||
19 | completed and all certifications required by the Department | ||||||
20 | have been received and accepted by the Department , except that | ||||||
21 | during a disaster proclaimed by the Governor, the Department | ||||||
22 | shall conduct an on-site inspection of the completed project | ||||||
23 | to the extent feasible . The Department may extend this | ||||||
24 | deadline if a federally mandated survey time frame takes | ||||||
25 | precedence. The Department shall provide written approval for | ||||||
26 | occupancy to the applicant within 7 working days after the |
| |||||||
| |||||||
1 | Department's final inspection, provided the applicant has | ||||||
2 | demonstrated substantial compliance as defined by Department | ||||||
3 | rule. Occupancy of new major construction is prohibited until | ||||||
4 | Department approval is received, unless the Department has not | ||||||
5 | acted within the time frames provided in this subsection (e), | ||||||
6 | in which case the construction shall be deemed approved. | ||||||
7 | Occupancy shall be authorized after any required health | ||||||
8 | inspection by the Department has been conducted. | ||||||
9 | (f) The Department shall establish, by rule, an expedited
| ||||||
10 | process for emergency repairs or replacement of like | ||||||
11 | equipment. | ||||||
12 | (g) Nothing in this Section shall be construed to apply to
| ||||||
13 | maintenance, upkeep, or renovation that does not affect the | ||||||
14 | structural integrity or fire or life safety of the building, | ||||||
15 | does not add beds or services over the number for which the | ||||||
16 | long-term care facility is licensed, and provides a reasonable | ||||||
17 | degree of safety for the residents. | ||||||
18 | (h) If the number of licensed facilities increases or the | ||||||
19 | number of beds for the currently licensed facilities | ||||||
20 | increases, the Department has the right to reassess the | ||||||
21 | mandated time frames listed in this Section.
| ||||||
22 | (Source: P.A. 99-314, eff. 8-7-15.)
| ||||||
23 | (210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
| ||||||
24 | Sec. 3-206.
The Department shall prescribe a curriculum | ||||||
25 | for training
nursing assistants, habilitation aides, and child |
| |||||||
| |||||||
1 | care aides.
| ||||||
2 | (a) No person, except a volunteer who receives no | ||||||
3 | compensation from a
facility and is not included for the | ||||||
4 | purpose of meeting any staffing
requirements set forth by the | ||||||
5 | Department, shall act as a nursing assistant,
habilitation | ||||||
6 | aide, or child care aide in a facility, nor shall any person, | ||||||
7 | under any
other title, not licensed, certified, or registered | ||||||
8 | to render medical care
by the Department of Financial and | ||||||
9 | Professional Regulation, assist with the
personal, medical, or | ||||||
10 | nursing care of residents in a facility, unless such
person | ||||||
11 | meets the following requirements:
| ||||||
12 | (1) Be at least 16 years of age, of temperate habits | ||||||
13 | and good moral
character, honest, reliable and | ||||||
14 | trustworthy.
| ||||||
15 | (2) Be able to speak and understand the English | ||||||
16 | language or a language
understood by a substantial | ||||||
17 | percentage of the facility's residents.
| ||||||
18 | (3) Provide evidence of employment or occupation, if | ||||||
19 | any, and residence
for 2 years prior to his present | ||||||
20 | employment.
| ||||||
21 | (4) Have completed at least 8 years of grade school or | ||||||
22 | provide proof of
equivalent knowledge.
| ||||||
23 | (5) Begin a current course of training for nursing | ||||||
24 | assistants,
habilitation aides, or child care aides, | ||||||
25 | approved by the Department, within 45 days of initial
| ||||||
26 | employment in the capacity of a nursing assistant, |
| |||||||
| |||||||
1 | habilitation aide, or
child care aide
at any facility. | ||||||
2 | Such courses of training shall be successfully completed
| ||||||
3 | within 120 days of initial employment in the capacity of | ||||||
4 | nursing assistant,
habilitation aide, or child care aide | ||||||
5 | at a facility. Nursing assistants, habilitation
aides, and | ||||||
6 | child care aides who are enrolled in approved courses in | ||||||
7 | community
colleges or other educational institutions on a | ||||||
8 | term, semester , or trimester
basis, shall be exempt from | ||||||
9 | the 120-day completion time limit. During a disaster | ||||||
10 | proclaimed by the Governor, all nursing assistants, | ||||||
11 | habilitation aides, and child care aides shall be exempt | ||||||
12 | from the 120-day completion time limit. The
Department | ||||||
13 | shall adopt rules for such courses of training.
These | ||||||
14 | rules shall include procedures for facilities to
carry on | ||||||
15 | an approved course of training within the facility. The | ||||||
16 | Department shall allow an individual to satisfy the | ||||||
17 | supervised clinical experience requirement for placement | ||||||
18 | on the Health Care Worker Registry under 77 Ill. Adm. Code | ||||||
19 | 300.663 through supervised clinical experience at an | ||||||
20 | assisted living establishment licensed under the Assisted | ||||||
21 | Living and Shared Housing Act. The Department shall adopt | ||||||
22 | rules requiring that the Health Care Worker Registry | ||||||
23 | include information identifying where an individual on the | ||||||
24 | Health Care Worker Registry received his or her clinical | ||||||
25 | training.
| ||||||
26 | The Department may accept comparable training in lieu |
| |||||||
| |||||||
1 | of the 120-hour
course for student nurses, foreign nurses, | ||||||
2 | military personnel, or employees of
the Department of | ||||||
3 | Human Services.
| ||||||
4 | The Department shall accept on-the-job experience in | ||||||
5 | lieu of clinical training from any individual who | ||||||
6 | participated in the temporary nursing assistant program | ||||||
7 | during the COVID-19 pandemic before the end date of the | ||||||
8 | temporary nursing assistant program and left the program | ||||||
9 | in good standing, and the Department shall notify all | ||||||
10 | approved certified nurse assistant training programs in | ||||||
11 | the State of this requirement. The individual shall | ||||||
12 | receive one hour of credit for every hour employed as a | ||||||
13 | temporary nursing assistant, up to 40 total hours, and | ||||||
14 | shall be permitted 90 days after the end date of the | ||||||
15 | temporary nursing assistant program to enroll in an | ||||||
16 | approved certified nursing assistant training program and | ||||||
17 | 240 days to successfully complete the certified nursing | ||||||
18 | assistant training program. Temporary nursing assistants | ||||||
19 | who enroll in a certified nursing assistant training | ||||||
20 | program within 90 days of the end of the temporary nursing | ||||||
21 | assistant program may continue to work as a nursing | ||||||
22 | assistant for up to 240 days after enrollment in the | ||||||
23 | certified nursing assistant training program. As used in | ||||||
24 | this Section, "temporary nursing assistant program" means | ||||||
25 | the program implemented by the Department of Public Health | ||||||
26 | by emergency rule, as listed in 44 Ill. Reg. 7936, |
| |||||||
| |||||||
1 | effective April 21, 2020. | ||||||
2 | The facility shall develop and implement procedures, | ||||||
3 | which shall be
approved by the Department, for an ongoing | ||||||
4 | review process, which shall take
place within the | ||||||
5 | facility, for nursing assistants, habilitation aides, and
| ||||||
6 | child care aides.
| ||||||
7 | At the time of each regularly scheduled licensure | ||||||
8 | survey, or at the time
of a complaint investigation, the | ||||||
9 | Department may require any nursing
assistant, habilitation | ||||||
10 | aide, or child care aide to demonstrate, either through | ||||||
11 | written
examination or action, or both, sufficient | ||||||
12 | knowledge in all areas of
required training. If such | ||||||
13 | knowledge is inadequate the Department shall
require the | ||||||
14 | nursing assistant, habilitation aide, or child care aide | ||||||
15 | to complete inservice
training and review in the facility | ||||||
16 | until the nursing assistant, habilitation
aide, or child | ||||||
17 | care aide demonstrates to the Department, either through | ||||||
18 | written
examination or action, or both, sufficient | ||||||
19 | knowledge in all areas of
required training.
| ||||||
20 | (6) Be familiar with and have general skills related | ||||||
21 | to resident care.
| ||||||
22 | (a-0.5) An educational entity, other than a secondary | ||||||
23 | school, conducting a
nursing assistant, habilitation aide, or | ||||||
24 | child care aide
training program
shall initiate a criminal | ||||||
25 | history record check in accordance with the Health Care Worker | ||||||
26 | Background Check Act prior to entry of an
individual into the |
| |||||||
| |||||||
1 | training program.
A secondary school may initiate a criminal | ||||||
2 | history record check in accordance with the Health Care Worker | ||||||
3 | Background Check Act at any time during or after a training | ||||||
4 | program.
| ||||||
5 | (a-1) Nursing assistants, habilitation aides, or child | ||||||
6 | care aides seeking to be included on the Health Care Worker | ||||||
7 | Registry under the Health Care Worker Background Check Act on | ||||||
8 | or
after January 1, 1996 must authorize the Department of | ||||||
9 | Public Health or its
designee
to request a criminal history | ||||||
10 | record check in accordance with the Health Care Worker | ||||||
11 | Background Check Act and submit all necessary
information. An | ||||||
12 | individual may not newly be included on the Health Care Worker | ||||||
13 | Registry unless a criminal history record check has been | ||||||
14 | conducted with respect to the individual.
| ||||||
15 | (b) Persons subject to this Section shall perform their | ||||||
16 | duties under the
supervision of a licensed nurse.
| ||||||
17 | (c) It is unlawful for any facility to employ any person in | ||||||
18 | the capacity
of nursing assistant, habilitation aide, or child | ||||||
19 | care aide, or under any other title, not
licensed by the State | ||||||
20 | of Illinois to assist in the personal, medical, or
nursing | ||||||
21 | care of residents in such facility unless such person has | ||||||
22 | complied
with this Section.
| ||||||
23 | (d) Proof of compliance by each employee with the | ||||||
24 | requirements set out
in this Section shall be maintained for | ||||||
25 | each such employee by each facility
in the individual | ||||||
26 | personnel folder of the employee. Proof of training shall be |
| |||||||
| |||||||
1 | obtained only from the Health Care Worker Registry.
| ||||||
2 | (e) Each facility shall obtain access to the Health Care | ||||||
3 | Worker Registry's web application, maintain the employment and | ||||||
4 | demographic information relating to each employee, and verify | ||||||
5 | by the category and type of employment that
each employee | ||||||
6 | subject to this Section meets all the requirements of this
| ||||||
7 | Section.
| ||||||
8 | (f) Any facility that is operated under Section 3-803 | ||||||
9 | shall be
exempt
from the requirements of this Section.
| ||||||
10 | (g) Each skilled nursing and intermediate care facility | ||||||
11 | that
admits
persons who are diagnosed as having Alzheimer's | ||||||
12 | disease or related
dementias shall require all nursing | ||||||
13 | assistants, habilitation aides, or child
care aides, who did | ||||||
14 | not receive 12 hours of training in the care and
treatment of | ||||||
15 | such residents during the training required under paragraph
| ||||||
16 | (5) of subsection (a), to obtain 12 hours of in-house training | ||||||
17 | in the care
and treatment of such residents. If the facility | ||||||
18 | does not provide the
training in-house, the training shall be | ||||||
19 | obtained from other facilities,
community colleges or other | ||||||
20 | educational institutions that have a
recognized course for | ||||||
21 | such training. The Department shall, by rule,
establish a | ||||||
22 | recognized course for such training. The Department's rules | ||||||
23 | shall provide that such
training may be conducted in-house at | ||||||
24 | each facility subject to the
requirements of this subsection, | ||||||
25 | in which case such training shall be
monitored by the | ||||||
26 | Department.
|
| |||||||
| |||||||
1 | The Department's rules shall also provide for | ||||||
2 | circumstances and procedures
whereby any person who has | ||||||
3 | received training that meets
the
requirements of this | ||||||
4 | subsection shall not be required to undergo additional
| ||||||
5 | training if he or she is transferred to or obtains employment | ||||||
6 | at a
different facility or a facility other than a long-term | ||||||
7 | care facility but remains continuously employed for pay as a | ||||||
8 | nursing assistant,
habilitation aide, or child care aide. | ||||||
9 | Individuals
who have performed no nursing or nursing-related | ||||||
10 | services
for a period of 24 consecutive months shall be listed | ||||||
11 | as "inactive"
and as such do not meet the requirements of this | ||||||
12 | Section. Licensed sheltered care facilities
shall be
exempt | ||||||
13 | from the requirements of this Section.
| ||||||
14 | An individual employed during the COVID-19 pandemic as a | ||||||
15 | nursing assistant in accordance with any Executive Orders, | ||||||
16 | emergency rules, or policy memoranda related to COVID-19 shall | ||||||
17 | be assumed to meet competency standards and may continue to be | ||||||
18 | employed as a certified nurse assistant when the pandemic ends | ||||||
19 | and the Executive Orders or emergency rules lapse. Such | ||||||
20 | individuals shall be listed on the Department's Health Care | ||||||
21 | Worker Registry website as "active". | ||||||
22 | (Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17; | ||||||
23 | 100-863, eff. 8-14-18; 101-655, eff. 3-12-21.)
| ||||||
24 | (210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401)
| ||||||
25 | Sec. 3-401.
A facility may involuntarily transfer or |
| |||||||
| |||||||
1 | discharge a resident
only for one or more of the following | ||||||
2 | reasons:
| ||||||
3 | (a) for medical reasons;
| ||||||
4 | (b) for the resident's physical safety;
| ||||||
5 | (c) for the physical safety of other residents, the | ||||||
6 | facility staff or
facility visitors; or
| ||||||
7 | (d) for either late payment or nonpayment for the | ||||||
8 | resident's stay, except
as prohibited by Titles XVIII and | ||||||
9 | XIX of the federal Social
Security Act or during a | ||||||
10 | disaster proclaimed by the Governor . For purposes of this | ||||||
11 | Section, "late payment" means non-receipt
of payment after | ||||||
12 | submission of a bill. If payment is not received within 45
| ||||||
13 | days after submission of a bill, a facility may send a | ||||||
14 | notice to the resident
and responsible party requesting | ||||||
15 | payment within 30 days. If payment is not
received within | ||||||
16 | such 30 days, the facility may thereupon institute | ||||||
17 | transfer
or discharge proceedings by
sending a notice of | ||||||
18 | transfer or discharge to the resident and responsible
| ||||||
19 | party by registered or certified mail. The notice shall | ||||||
20 | state, in addition
to the requirements of Section 3-403 of | ||||||
21 | this Act, that the responsible
party has the right to pay | ||||||
22 | the amount of the bill in full up to the date
the transfer | ||||||
23 | or discharge is to be made and then the resident shall have
| ||||||
24 | the right to remain in the facility. Such payment shall | ||||||
25 | terminate the
transfer or discharge proceedings. This | ||||||
26 | subsection does not apply to those
residents whose care is |
| |||||||
| |||||||
1 | provided for under the Illinois Public Aid Code.
The | ||||||
2 | Department shall adopt rules setting forth the criteria | ||||||
3 | and procedures
to be applied in cases of involuntary | ||||||
4 | transfer or discharge permitted
under this Section.
| ||||||
5 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
6 | (210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
| ||||||
7 | Sec. 3-702.
(a) A person who believes that this Act or a | ||||||
8 | rule promulgated
under this Act may have been violated may | ||||||
9 | request an investigation. The
request may be submitted to the | ||||||
10 | Department in writing, by telephone, by electronic means, or | ||||||
11 | by
personal visit. An oral complaint shall be reduced to | ||||||
12 | writing by the
Department. The Department shall make | ||||||
13 | available, through its website and upon request, information | ||||||
14 | regarding the oral and phone intake processes and the list of | ||||||
15 | questions that will be asked of the complainant. The | ||||||
16 | Department shall request information identifying the
| ||||||
17 | complainant, including the name, address , and telephone | ||||||
18 | number, to help
enable appropriate follow-up. The Department | ||||||
19 | shall act on such complaints
via on-site visits or other | ||||||
20 | methods deemed appropriate to handle the
complaints with or | ||||||
21 | without such identifying information, as otherwise
provided | ||||||
22 | under this Section. The complainant shall be informed that
| ||||||
23 | compliance with such request is not required to satisfy the | ||||||
24 | procedures for
filing a complaint under this Act. The | ||||||
25 | Department must notify complainants that complaints with less |
| |||||||
| |||||||
1 | information provided are far more difficult to respond to and | ||||||
2 | investigate.
| ||||||
3 | (b) The substance of the complaint shall be provided in | ||||||
4 | writing to the
licensee, owner, or administrator no earlier | ||||||
5 | than at the commencement of an
on-site inspection of the | ||||||
6 | facility which takes place pursuant to the complaint.
| ||||||
7 | (c) The Department shall not disclose the name of the | ||||||
8 | complainant unless
the complainant consents in writing to the | ||||||
9 | disclosure or the investigation
results in a judicial | ||||||
10 | proceeding, or unless disclosure is essential to the
| ||||||
11 | investigation. The complainant shall be given the opportunity | ||||||
12 | to withdraw
the complaint before disclosure. Upon the request | ||||||
13 | of the complainant, the
Department may permit the complainant | ||||||
14 | or a representative of the complainant
to accompany the person | ||||||
15 | making the on-site inspection of the facility.
| ||||||
16 | (d) Upon receipt of a complaint, the Department shall | ||||||
17 | determine whether this
Act or a rule promulgated under this | ||||||
18 | Act has been or is being violated. The
Department shall | ||||||
19 | investigate all complaints alleging abuse or neglect within
7 | ||||||
20 | days after the receipt of the complaint except that complaints | ||||||
21 | of abuse
or neglect which indicate that a resident's life or | ||||||
22 | safety is in imminent
danger shall be investigated within 24 | ||||||
23 | hours after receipt of the
complaint. All other complaints | ||||||
24 | shall be investigated within 30 days after
the receipt of the | ||||||
25 | complaint , except that during a disaster proclaimed by the | ||||||
26 | Governor, all other complaints shall be investigated within |
| |||||||
| |||||||
1 | appropriate timeframes to the extent feasible . The Department | ||||||
2 | employees investigating a
complaint shall conduct a brief, | ||||||
3 | informal exit conference with the facility
to alert its | ||||||
4 | administration of any suspected serious deficiency that poses
| ||||||
5 | a direct threat to the health, safety , or welfare of a resident | ||||||
6 | to enable an
immediate correction for the alleviation or | ||||||
7 | elimination of such threat.
Such information and findings | ||||||
8 | discussed in the brief exit conference shall
become a part of | ||||||
9 | the investigating record but shall not in any way
constitute | ||||||
10 | an official or final notice of violation as provided under
| ||||||
11 | Section 3-301. All complaints shall be classified as
"an | ||||||
12 | invalid report", "a valid report", or "an undetermined
| ||||||
13 | report". For any complaint classified as "a valid report", the
| ||||||
14 | Department must determine within 30 working days after any | ||||||
15 | Department employee enters a facility to begin an on-site | ||||||
16 | inspection
if any rule or provision of this Act has been or is | ||||||
17 | being violated.
| ||||||
18 | (d-1) The Department shall, whenever possible, combine an | ||||||
19 | on-site
investigation of a complaint in a facility with other | ||||||
20 | inspections in order
to avoid duplication of inspections.
| ||||||
21 | (e) In all cases, the Department shall inform the | ||||||
22 | complainant of its
findings within 10 days of its | ||||||
23 | determination unless otherwise indicated
by the complainant, | ||||||
24 | and the complainant may direct the Department to
send a copy of | ||||||
25 | such findings to another person. The Department's findings
may | ||||||
26 | include comments or documentation provided by either the |
| |||||||
| |||||||
1 | complainant
or the licensee pertaining to the complaint. The | ||||||
2 | Department shall also
notify the facility of such findings | ||||||
3 | within 10 days of the determination,
but the name of the | ||||||
4 | complainant or residents shall not be disclosed in this
notice | ||||||
5 | to the facility. The notice of such
findings shall include a | ||||||
6 | copy of the written determination; the
correction order, if | ||||||
7 | any; the warning notice, if any; the inspection
report; or the | ||||||
8 | State licensure form on which the violation is listed.
| ||||||
9 | (f) A written determination, correction order, or warning | ||||||
10 | notice
concerning a complaint, together with the facility's | ||||||
11 | response, shall be
available for public inspection, but the | ||||||
12 | name of the complainant or
resident shall not be disclosed | ||||||
13 | without his consent.
| ||||||
14 | (g) A complainant who is dissatisfied with the | ||||||
15 | determination or
investigation by the Department may request a | ||||||
16 | hearing under Section
3-703. The facility shall be given | ||||||
17 | notice of any such
hearing and may participate in the hearing | ||||||
18 | as a party. If a facility
requests a hearing under Section | ||||||
19 | 3-703 which
concerns a matter covered by a complaint, the | ||||||
20 | complainant shall be given
notice and may participate in the | ||||||
21 | hearing as a party. A request
for a hearing by either a | ||||||
22 | complainant or a facility shall be
submitted in writing to the | ||||||
23 | Department within 30 days after the mailing
of the | ||||||
24 | Department's findings as described in subsection (e) of this
| ||||||
25 | Section. Upon receipt of the request the Department shall | ||||||
26 | conduct a hearing
as provided under Section 3-703.
|
| |||||||
| |||||||
1 | (g-5) The Department shall conduct an annual review of all | ||||||
2 | survey activity from the preceding fiscal year and make a | ||||||
3 | report concerning the complaint and survey process. The report | ||||||
4 | shall include, but not be limited to: | ||||||
5 | (1) the total number of complaints received; | ||||||
6 | (2) the breakdown of 24-hour, 7-day, and 30-day | ||||||
7 | complaints; | ||||||
8 | (3) the breakdown of anonymous and non-anonymous | ||||||
9 | complaints; | ||||||
10 | (4) the number of complaints that were substantiated | ||||||
11 | versus unsubstantiated; | ||||||
12 | (5) the total number of substantiated complaints that | ||||||
13 | were completed in the time frame determined under | ||||||
14 | subsection (d); | ||||||
15 | (6) the total number of informal dispute resolutions | ||||||
16 | requested; | ||||||
17 | (7) the total number of informal dispute resolution | ||||||
18 | requests approved; | ||||||
19 | (8) the total number of informal dispute resolutions | ||||||
20 | that were overturned or reduced in severity; | ||||||
21 | (9) the total number of nurse surveyors
hired during | ||||||
22 | the calendar year; | ||||||
23 | (10) the total number of nurse
surveyors who left | ||||||
24 | Department employment; | ||||||
25 | (11) the average length of tenure for nurse surveyors | ||||||
26 | employed by the Department at the time the report is |
| |||||||
| |||||||
1 | created; | ||||||
2 | (12) the total number of times the Department imposed | ||||||
3 | discretionary denial of payment within 15 days of notice | ||||||
4 | and within 2 days of notice as well as the number of times | ||||||
5 | the discretionary denial of payment took effect; and | ||||||
6 | (13) any other complaint information requested by the | ||||||
7 | Long-Term Care Facility Advisory Board created under | ||||||
8 | Section 2-204 of this Act or the Illinois Long-Term Care | ||||||
9 | Council created under Section 4.04a of the Illinois Act on | ||||||
10 | the Aging. | ||||||
11 | This report shall be provided to the Long-Term Care | ||||||
12 | Facility Advisory Board, the Illinois Long-Term Care Council, | ||||||
13 | and the General Assembly. The Long-Term Care Facility Advisory | ||||||
14 | Board and the Illinois Long-Term Care Council shall review the | ||||||
15 | report and suggest any changes deemed necessary to the | ||||||
16 | Department for review and action, including how to investigate | ||||||
17 | and substantiate anonymous complaints. | ||||||
18 | (h) Any person who knowingly transmits a false report to | ||||||
19 | the
Department commits the offense of disorderly conduct under | ||||||
20 | subsection
(a)(8) of Section 26-1 of the Criminal Code of | ||||||
21 | 2012.
| ||||||
22 | (Source: P.A. 102-432, eff. 8-20-21; 102-947, eff. 1-1-23; | ||||||
23 | revised 12-9-22.)
| ||||||
24 | Section 20. The MC/DD Act is amended by changing Sections | ||||||
25 | 3-116, 3-202.5, 3-401, and 3-702 as follows:
|
| |||||||
| |||||||
1 | (210 ILCS 46/3-116)
| ||||||
2 | Sec. 3-116. Probationary license. If the applicant has not | ||||||
3 | been previously licensed or if the facility is not in | ||||||
4 | operation at the time application is made, the Department | ||||||
5 | shall issue only a probationary license. A probationary | ||||||
6 | license shall be valid for 120 days , except that probationary | ||||||
7 | licenses shall be valid for the duration of a disaster | ||||||
8 | proclaimed by the Governor, unless sooner suspended or revoked | ||||||
9 | under Section 3-119. Within 30 days prior to the termination | ||||||
10 | of a probationary license, the Department shall fully and | ||||||
11 | completely inspect the facility and, if the facility meets the | ||||||
12 | applicable requirements for licensure, shall issue a license | ||||||
13 | under Section 3-109 , except that during a disaster proclaimed | ||||||
14 | by the Governor, the Department shall inspect facilities | ||||||
15 | within an appropriate timeframe to the extent feasible . If the | ||||||
16 | Department finds that the facility does not meet the | ||||||
17 | requirements for licensure but has made substantial progress | ||||||
18 | toward meeting those requirements, the license may be renewed | ||||||
19 | once for a period not to exceed 120 days from the expiration | ||||||
20 | date of the initial probationary license.
| ||||||
21 | (Source: P.A. 99-180, eff. 7-29-15.)
| ||||||
22 | (210 ILCS 46/3-202.5)
| ||||||
23 | Sec. 3-202.5. Facility plan review; fees. | ||||||
24 | (a) Before commencing construction of a new facility or |
| |||||||
| |||||||
1 | specified types of alteration or additions to an existing | ||||||
2 | facility involving major construction, as defined by rule by | ||||||
3 | the Department, with an estimated cost greater than $100,000, | ||||||
4 | architectural drawings and specifications for the facility | ||||||
5 | shall be submitted to the Department for review and approval. | ||||||
6 | A facility may submit architectural drawings and | ||||||
7 | specifications for other construction projects for Department | ||||||
8 | review according to subsection (b) that shall not be subject | ||||||
9 | to fees under subsection (d). Review of drawings and | ||||||
10 | specifications shall be conducted by an employee of the | ||||||
11 | Department meeting the qualifications established by the | ||||||
12 | Department of Central Management Services class specifications | ||||||
13 | for such an individual's position or by a person contracting | ||||||
14 | with the Department who meets those class specifications. | ||||||
15 | Final approval of the drawings and specifications for | ||||||
16 | compliance with design and construction standards shall be | ||||||
17 | obtained from the Department before the alteration, addition, | ||||||
18 | or new construction is begun. | ||||||
19 | (b) The Department shall inform an applicant in writing | ||||||
20 | within 10 working days after receiving drawings and | ||||||
21 | specifications and the required fee, if any, from the | ||||||
22 | applicant whether the applicant's submission is complete or | ||||||
23 | incomplete. Failure to provide the applicant with this notice | ||||||
24 | within 10 working days shall result in the submission being | ||||||
25 | deemed complete for purposes of initiating the 60 day review | ||||||
26 | period under this Section. If the submission is incomplete, |
| |||||||
| |||||||
1 | the Department shall inform the applicant of the deficiencies | ||||||
2 | with the submission in writing. If the submission is complete | ||||||
3 | the required fee, if any, has been paid, the Department shall | ||||||
4 | approve or disapprove drawings and specifications submitted to | ||||||
5 | the Department no later than 60 days following receipt by the | ||||||
6 | Department. The drawings and specifications shall be of | ||||||
7 | sufficient detail, as provided by Department rule, to enable | ||||||
8 | the Department to render a determination of compliance with | ||||||
9 | design and construction standards under this Act. If the | ||||||
10 | Department finds that the drawings are not of sufficient | ||||||
11 | detail for it to render a determination of compliance, the | ||||||
12 | plans shall be determined to be incomplete and shall not be | ||||||
13 | considered for purposes of initiating the 60 day review | ||||||
14 | period. If a submission of drawings and specifications is | ||||||
15 | incomplete, the applicant may submit additional information. | ||||||
16 | The 60 day review period shall not commence until the | ||||||
17 | Department determines that a submission of drawings and | ||||||
18 | specifications is complete or the submission is deemed | ||||||
19 | complete. If the Department has not approved or disapproved | ||||||
20 | the drawings and specifications within 60 days, the | ||||||
21 | construction, major alteration, or addition shall be deemed | ||||||
22 | approved. If the drawings and specifications are disapproved, | ||||||
23 | the Department shall state in writing, with specificity, the | ||||||
24 | reasons for the disapproval. The entity submitting the | ||||||
25 | drawings and specifications may submit additional information | ||||||
26 | in response to the written comments from the Department or |
| |||||||
| |||||||
1 | request a reconsideration of the disapproval. A final decision | ||||||
2 | of approval or disapproval shall be made within 45 days of the | ||||||
3 | receipt of the additional information or reconsideration | ||||||
4 | request. If denied, the Department shall state the specific | ||||||
5 | reasons for the denial. | ||||||
6 | (c) The Department shall provide written approval for | ||||||
7 | occupancy pursuant to subsection (g) and shall not issue a | ||||||
8 | violation to a facility as a result of a licensure or complaint | ||||||
9 | survey based upon the facility's physical structure if: | ||||||
10 | (1) the Department reviewed and approved or deemed
| ||||||
11 | approved the drawings and specifications for compliance | ||||||
12 | with design and construction standards; | ||||||
13 | (2) the construction, major alteration, or addition
| ||||||
14 | was built as submitted; | ||||||
15 | (3) the law or rules have not been amended since the
| ||||||
16 | original approval; and | ||||||
17 | (4) the conditions at the facility indicate that
there | ||||||
18 | is a reasonable degree of safety provided for the | ||||||
19 | residents. | ||||||
20 | (d) (Blank). | ||||||
21 | (e) All fees received by the Department under this Section | ||||||
22 | shall be deposited into the Health Facility Plan Review Fund, | ||||||
23 | a special fund created in the State Treasury. Moneys shall be | ||||||
24 | appropriated from that Fund to the Department only to pay the | ||||||
25 | costs of conducting reviews under this Section, under Section | ||||||
26 | 3-202.5 of the Nursing Home Care Act, or under Section 3-202.5 |
| |||||||
| |||||||
1 | of the ID/DD Community Care Act. None of the moneys in the | ||||||
2 | Health Facility Plan Review Fund shall be used to reduce the | ||||||
3 | amount of General Revenue Fund moneys appropriated to the | ||||||
4 | Department for facility plan reviews conducted pursuant to | ||||||
5 | this Section. | ||||||
6 | (f) (Blank). | ||||||
7 | (g) The Department shall conduct an on site inspection of | ||||||
8 | the completed project no later than 30 days after notification | ||||||
9 | from the applicant that the project has been completed and all | ||||||
10 | certifications required by the Department have been received | ||||||
11 | and accepted by the Department , except that during a disaster | ||||||
12 | proclaimed by the Governor, the Department shall conduct | ||||||
13 | on-site inspection to the extent feasible . The Department | ||||||
14 | shall provide written approval for occupancy to the applicant | ||||||
15 | within 5 working days of the Department's final inspection, | ||||||
16 | provided the applicant has demonstrated substantial compliance | ||||||
17 | as defined by Department rule. Occupancy of new major | ||||||
18 | construction is prohibited until Department approval is | ||||||
19 | received, unless the Department has not acted within the time | ||||||
20 | frames provided in this subsection (g), in which case the | ||||||
21 | construction shall be deemed approved. Occupancy shall be | ||||||
22 | authorized after any required health inspection by the | ||||||
23 | Department has been conducted. | ||||||
24 | (h) The Department shall establish, by rule, a procedure | ||||||
25 | to conduct interim on site review of large or complex | ||||||
26 | construction projects. |
| |||||||
| |||||||
1 | (i) The Department shall establish, by rule, an expedited | ||||||
2 | process for emergency repairs or replacement of like | ||||||
3 | equipment. | ||||||
4 | (j) Nothing in this Section shall be construed to apply to | ||||||
5 | maintenance, upkeep, or renovation that does not affect the | ||||||
6 | structural integrity of the building, does not add beds or | ||||||
7 | services over the number for which the facility is licensed, | ||||||
8 | and provides a reasonable degree of safety for the residents.
| ||||||
9 | (Source: P.A. 99-180, eff. 7-29-15.)
| ||||||
10 | (210 ILCS 46/3-401)
| ||||||
11 | Sec. 3-401. Involuntary transfer or discharge of resident. | ||||||
12 | A facility may involuntarily transfer or discharge a resident | ||||||
13 | only for one or more of the following reasons: | ||||||
14 | (a) for medical reasons; | ||||||
15 | (b) for the resident's physical safety; | ||||||
16 | (c) for the physical safety of other residents, the
| ||||||
17 | facility staff or facility visitors; or | ||||||
18 | (d) for either late payment or nonpayment for the
| ||||||
19 | resident's stay, except as prohibited by Titles XVIII and XIX | ||||||
20 | of the federal Social Security Act or during a disaster | ||||||
21 | proclaimed by the Governor . For purposes of this Section, | ||||||
22 | "late payment" means non-receipt of payment after submission | ||||||
23 | of a bill. If payment is not received within 45 days after | ||||||
24 | submission of a bill, a facility may send a notice to the | ||||||
25 | resident and responsible party requesting payment within 30 |
| |||||||
| |||||||
1 | days. If payment is not received within such 30 days, the | ||||||
2 | facility may thereupon institute transfer or discharge | ||||||
3 | proceedings by sending a notice of transfer or discharge to | ||||||
4 | the resident and responsible party by registered or certified | ||||||
5 | mail. The notice shall state, in addition to the requirements | ||||||
6 | of Section 3-403 of this Act, that the responsible party has | ||||||
7 | the right to pay the amount of the bill in full up to the date | ||||||
8 | the transfer or discharge is to be made and then the resident | ||||||
9 | shall have the right to remain in the facility. Such payment | ||||||
10 | shall terminate the transfer or discharge proceedings. This | ||||||
11 | subsection does not apply to those residents whose care is | ||||||
12 | provided for under the Illinois Public Aid Code. The | ||||||
13 | Department shall adopt rules setting forth the criteria and | ||||||
14 | procedures to be applied in cases of involuntary transfer or | ||||||
15 | discharge permitted under this Section.
| ||||||
16 | (Source: P.A. 99-180, eff. 7-29-15.)
| ||||||
17 | (210 ILCS 46/3-702)
| ||||||
18 | Sec. 3-702. Request for investigation of violation. | ||||||
19 | (a) A person who believes that this Act or a rule | ||||||
20 | promulgated under this Act may have been violated may request | ||||||
21 | an investigation. The request may be submitted to the | ||||||
22 | Department in writing, by telephone, by electronic means, or | ||||||
23 | by personal visit. An oral complaint shall be reduced to | ||||||
24 | writing by the Department. The Department shall make | ||||||
25 | available, through
its website and upon request, information |
| |||||||
| |||||||
1 | regarding the oral
and phone intake processes and the list of | ||||||
2 | questions that will
be asked of the complainant. The | ||||||
3 | Department shall request information identifying the | ||||||
4 | complainant, including the name, address and telephone number, | ||||||
5 | to help enable appropriate follow up. The Department shall act | ||||||
6 | on such complaints via on-site visits or other methods deemed | ||||||
7 | appropriate to handle the complaints with or without such | ||||||
8 | identifying information, as otherwise provided under this | ||||||
9 | Section. The complainant shall be informed that compliance | ||||||
10 | with such request is not required to satisfy the procedures | ||||||
11 | for filing a complaint under this Act. The Department must | ||||||
12 | notify complainants that complaints with less information | ||||||
13 | provided are far more difficult to respond to and investigate. | ||||||
14 | (b) The substance of the complaint shall be provided in | ||||||
15 | writing to the licensee, owner or administrator no earlier | ||||||
16 | than at the commencement of an on-site inspection of the | ||||||
17 | facility which takes place pursuant to the complaint. | ||||||
18 | (c) The Department shall not disclose the name of the | ||||||
19 | complainant unless the complainant consents in writing to the | ||||||
20 | disclosure or the investigation results in a judicial | ||||||
21 | proceeding, or unless disclosure is essential to the | ||||||
22 | investigation. The complainant shall be given the opportunity | ||||||
23 | to withdraw the complaint before disclosure. Upon the request | ||||||
24 | of the complainant, the Department may permit the complainant | ||||||
25 | or a representative of the complainant to accompany the person | ||||||
26 | making the on-site inspection of the facility. |
| |||||||
| |||||||
1 | (d) Upon receipt of a complaint, the Department shall | ||||||
2 | determine whether this Act or a rule promulgated under this | ||||||
3 | Act has been or is being violated. The Department shall | ||||||
4 | investigate all complaints alleging abuse or neglect within 7 | ||||||
5 | days after the receipt of the complaint except that complaints | ||||||
6 | of abuse or neglect which indicate that a resident's life or | ||||||
7 | safety is in imminent danger shall be investigated within 24 | ||||||
8 | hours after receipt of the complaint. All other complaints | ||||||
9 | shall be investigated within 30 days after the receipt of the | ||||||
10 | complaint , except that during a disaster proclaimed by the | ||||||
11 | Governor, all other complaints shall be investigated within an | ||||||
12 | appropriate timeframe to the extent feasible . The Department | ||||||
13 | employees investigating a complaint shall conduct a brief, | ||||||
14 | informal exit conference with the facility to alert its | ||||||
15 | administration of any suspected serious deficiency that poses | ||||||
16 | a direct threat to the health, safety or welfare of a resident | ||||||
17 | to enable an immediate correction for the alleviation or | ||||||
18 | elimination of such threat. Such information and findings | ||||||
19 | discussed in the brief exit conference shall become a part of | ||||||
20 | the investigating record but shall not in any way constitute | ||||||
21 | an official or final notice of violation as provided under | ||||||
22 | Section 3-301. All complaints shall be classified as "an | ||||||
23 | invalid report", "a valid report", or "an undetermined | ||||||
24 | report". For any complaint classified as "a valid report", the | ||||||
25 | Department must determine within 30 working days if any rule | ||||||
26 | or provision of this Act has been or is being violated. |
| |||||||
| |||||||
1 | (d-1) The Department shall, whenever possible, combine an | ||||||
2 | on site investigation of a complaint in a facility with other | ||||||
3 | inspections in order to avoid duplication of inspections. | ||||||
4 | (e) In all cases, the Department shall inform the | ||||||
5 | complainant of its findings within 10 days of its | ||||||
6 | determination unless otherwise indicated by the complainant, | ||||||
7 | and the complainant may direct the Department to send a copy of | ||||||
8 | such findings to another person. The Department's findings may | ||||||
9 | include comments or documentation provided by either the | ||||||
10 | complainant or the licensee pertaining to the complaint. The | ||||||
11 | Department shall also notify the facility of such findings | ||||||
12 | within 10 days of the determination, but the name of the | ||||||
13 | complainant or residents shall not be disclosed in this notice | ||||||
14 | to the facility. The notice of such findings shall include a | ||||||
15 | copy of the written determination; the correction order, if | ||||||
16 | any; the warning notice, if any; the inspection report; or the | ||||||
17 | State licensure form on which the violation is listed. | ||||||
18 | (f) A written determination, correction order, or warning | ||||||
19 | notice concerning a complaint, together with the facility's | ||||||
20 | response, shall be available for public inspection, but the | ||||||
21 | name of the complainant or resident shall not be disclosed | ||||||
22 | without his or her consent. | ||||||
23 | (g) A complainant who is dissatisfied with the | ||||||
24 | determination or investigation by the Department may request a | ||||||
25 | hearing under Section 3-703. The facility shall be given | ||||||
26 | notice of any such hearing and may participate in the hearing |
| |||||||
| |||||||
1 | as a party. If a facility requests a hearing under Section | ||||||
2 | 3-703 which concerns a matter covered by a complaint, the | ||||||
3 | complainant shall be given notice and may participate in the | ||||||
4 | hearing as a party. A request for a hearing by either a | ||||||
5 | complainant or a facility shall be submitted in writing to the | ||||||
6 | Department within 30 days after the mailing of the | ||||||
7 | Department's findings as described in subsection (e) of this | ||||||
8 | Section. Upon receipt of the request the Department shall | ||||||
9 | conduct a hearing as provided under Section 3-703. | ||||||
10 | (g-5) The Department shall conduct an annual review and
| ||||||
11 | make a report concerning the complaint process that includes
| ||||||
12 | the number of complaints received, the breakdown of anonymous
| ||||||
13 | and non-anonymous complaints and whether the complaints were
| ||||||
14 | substantiated or not, the total number of substantiated
| ||||||
15 | complaints, and any other complaint information requested by
| ||||||
16 | the DD Facility Advisory Board. This report shall be provided | ||||||
17 | to the DD Facility Advisory Board. The DD Facility Advisory | ||||||
18 | Board shall review the report and suggest any changes deemed | ||||||
19 | necessary to the Department for review and action, including | ||||||
20 | how to investigate and substantiate anonymous complaints. | ||||||
21 | (h) Any person who knowingly transmits a false report to | ||||||
22 | the Department commits the offense of disorderly conduct under | ||||||
23 | subsection (a)(8) of Section 26-1 of the Criminal Code of | ||||||
24 | 2012.
| ||||||
25 | (Source: P.A. 99-180, eff. 7-29-15.)
|
| |||||||
| |||||||
1 | Section 25. The ID/DD Community Care Act is amended by | ||||||
2 | changing Sections 3-116, 3-206, 3-401, and 3-702 as follows:
| ||||||
3 | (210 ILCS 47/3-116)
| ||||||
4 | Sec. 3-116. Probationary license. If the applicant has not | ||||||
5 | been previously licensed or if the facility is not in | ||||||
6 | operation at the time application is made, the Department | ||||||
7 | shall issue only a probationary license. A probationary | ||||||
8 | license shall be valid for 120 days , except that probationary | ||||||
9 | licenses shall be valid for the duration of a disaster | ||||||
10 | proclaimed by the Governor, unless sooner suspended or revoked | ||||||
11 | under Section 3-119. Within 30 days prior to the termination | ||||||
12 | of a probationary license, the Department shall fully and | ||||||
13 | completely inspect the facility and, if the facility meets the | ||||||
14 | applicable requirements for licensure, shall issue a license | ||||||
15 | under Section 3-109 except that during a disaster proclaimed | ||||||
16 | by the Governor, the Department shall inspect facilities | ||||||
17 | within an appropriate timeframe to the extent feasible . If the | ||||||
18 | Department finds that the facility does not meet the | ||||||
19 | requirements for licensure but has made substantial progress | ||||||
20 | toward meeting those requirements, the license may be renewed | ||||||
21 | once for a period not to exceed 120 days from the expiration | ||||||
22 | date of the initial probationary license.
| ||||||
23 | (Source: P.A. 96-339, eff. 7-1-10 .)
| ||||||
24 | (210 ILCS 47/3-206)
|
| |||||||
| |||||||
1 | Sec. 3-206. Curriculum for training nursing assistants and | ||||||
2 | aides. The Department shall prescribe a curriculum for | ||||||
3 | training nursing assistants, habilitation aides, and child | ||||||
4 | care aides. | ||||||
5 | (a) No person, except a volunteer who receives no | ||||||
6 | compensation from a facility and is not included for the | ||||||
7 | purpose of meeting any staffing requirements set forth by the | ||||||
8 | Department, shall act as a nursing assistant, habilitation | ||||||
9 | aide, or child care aide in a facility, nor shall any person, | ||||||
10 | under any other title, not licensed, certified, or registered | ||||||
11 | to render medical care by the Department of Financial and | ||||||
12 | Professional Regulation, assist with the personal, medical, or | ||||||
13 | nursing care of residents in a facility, unless such person | ||||||
14 | meets the following requirements: | ||||||
15 | (1) Be at least 16 years of age, of temperate habits
| ||||||
16 | and good moral character, honest, reliable and | ||||||
17 | trustworthy. | ||||||
18 | (2) Be able to speak and understand the English
| ||||||
19 | language or a language understood by a substantial | ||||||
20 | percentage of the facility's residents. | ||||||
21 | (3) Provide evidence of employment or occupation, if
| ||||||
22 | any, and residence for 2 years prior to his or her present | ||||||
23 | employment. | ||||||
24 | (4) Have completed at least 8 years of grade school
or | ||||||
25 | provide proof of equivalent knowledge. | ||||||
26 | (5) Begin a current course of training for nursing
|
| |||||||
| |||||||
1 | assistants, habilitation aides, or child care aides, | ||||||
2 | approved by the Department, within 45 days of initial | ||||||
3 | employment in the capacity of a nursing assistant, | ||||||
4 | habilitation aide, or child care aide at any facility. | ||||||
5 | Such courses of training shall be successfully completed | ||||||
6 | within 120 days of initial employment in the capacity of | ||||||
7 | nursing assistant, habilitation aide, or child care aide | ||||||
8 | at a facility , except that during a disaster proclaimed by | ||||||
9 | the Governor training shall be completed to the extent | ||||||
10 | feasible . Nursing assistants, habilitation aides, and | ||||||
11 | child care aides who are enrolled in approved courses in | ||||||
12 | community colleges or other educational institutions on a | ||||||
13 | term, semester or trimester basis, shall be exempt from | ||||||
14 | the 120-day completion time limit. The Department shall | ||||||
15 | adopt rules for such courses of training. These rules | ||||||
16 | shall include procedures for facilities to carry on an | ||||||
17 | approved course of training within the facility. | ||||||
18 | The Department may accept comparable training in
lieu | ||||||
19 | of the 120-hour course for student nurses, foreign nurses, | ||||||
20 | military personnel, or employees of the Department of | ||||||
21 | Human Services. | ||||||
22 | The facility shall develop and implement procedures,
| ||||||
23 | which shall be approved by the Department, for an ongoing | ||||||
24 | review process, which shall take place within the | ||||||
25 | facility, for nursing assistants, habilitation aides, and | ||||||
26 | child care aides. |
| |||||||
| |||||||
1 | At the time of each regularly scheduled licensure
| ||||||
2 | survey, or at the time of a complaint investigation, the | ||||||
3 | Department may require any nursing assistant, habilitation | ||||||
4 | aide, or child care aide to demonstrate, either through | ||||||
5 | written examination or action, or both, sufficient | ||||||
6 | knowledge in all areas of required training. If such | ||||||
7 | knowledge is inadequate the Department shall require the | ||||||
8 | nursing assistant, habilitation aide, or child care aide | ||||||
9 | to complete inservice training and review in the facility | ||||||
10 | until the nursing assistant, habilitation aide, or child | ||||||
11 | care aide demonstrates to the Department, either through | ||||||
12 | written examination or action, or both, sufficient | ||||||
13 | knowledge in all areas of required training; and | ||||||
14 | (6) Be familiar with and have general skills related
| ||||||
15 | to resident care. | ||||||
16 | (a-0.5) An educational entity, other than a secondary | ||||||
17 | school, conducting a nursing assistant, habilitation aide, or | ||||||
18 | child care aide training program shall initiate a criminal | ||||||
19 | history record check in accordance with the Health Care Worker | ||||||
20 | Background Check Act prior to entry of an individual into the | ||||||
21 | training program. A secondary school may initiate a criminal | ||||||
22 | history record check in accordance with the Health Care Worker | ||||||
23 | Background Check Act at any time during or after a training | ||||||
24 | program. | ||||||
25 | (a-1) Nursing assistants, habilitation aides, or child | ||||||
26 | care aides seeking to be included on the Health Care Worker |
| |||||||
| |||||||
1 | Registry under the Health Care Worker Background Check Act | ||||||
2 | must authorize the Department of Public Health or its designee | ||||||
3 | to request a criminal history record check in accordance with | ||||||
4 | the Health Care Worker Background Check Act and submit all | ||||||
5 | necessary information. An individual may not newly be included | ||||||
6 | on the Health Care Worker Registry unless a criminal history | ||||||
7 | record check has been conducted with respect to the | ||||||
8 | individual. | ||||||
9 | (b) Persons subject to this Section shall perform their | ||||||
10 | duties under the supervision of a licensed nurse or other | ||||||
11 | appropriately trained, licensed, or certified personnel. | ||||||
12 | (c) It is unlawful for any facility to employ any person in | ||||||
13 | the capacity of nursing assistant, habilitation aide, or child | ||||||
14 | care aide, or under any other title, not licensed by the State | ||||||
15 | of Illinois to assist in the personal, medical, or nursing | ||||||
16 | care of residents in such facility unless such person has | ||||||
17 | complied with this Section. | ||||||
18 | (d) Proof of compliance by each employee with the | ||||||
19 | requirements set out in this Section shall be maintained for | ||||||
20 | each such employee by each facility in the individual | ||||||
21 | personnel folder of the employee. Proof of training shall be | ||||||
22 | obtained only from the Health Care Worker Registry. | ||||||
23 | (e) Each facility shall obtain access to the Health Care | ||||||
24 | Worker Registry's web application, maintain the employment and | ||||||
25 | demographic information relating to each employee, and verify | ||||||
26 | by the category and type of employment that each employee |
| |||||||
| |||||||
1 | subject to this Section meets all the requirements of this | ||||||
2 | Section. | ||||||
3 | (f) Any facility that is operated under Section 3-803 | ||||||
4 | shall be exempt from the requirements of this Section. | ||||||
5 | (g) Each skilled nursing and intermediate care facility | ||||||
6 | that admits persons who are diagnosed as having Alzheimer's | ||||||
7 | disease or related dementias shall require all nursing | ||||||
8 | assistants, habilitation aides, or child care aides, who did | ||||||
9 | not receive 12 hours of training in the care and treatment of | ||||||
10 | such residents during the training required under paragraph | ||||||
11 | (5) of subsection (a), to obtain 12 hours of in house training | ||||||
12 | in the care and treatment of such residents. If the facility | ||||||
13 | does not provide the training in house, the training shall be | ||||||
14 | obtained from other facilities, community colleges or other | ||||||
15 | educational institutions that have a recognized course for | ||||||
16 | such training. The Department shall, by rule, establish a | ||||||
17 | recognized course for such training. | ||||||
18 | The Department's rules shall provide that such training | ||||||
19 | may be conducted in house at each facility subject to the | ||||||
20 | requirements of this subsection, in which case such training | ||||||
21 | shall be monitored by the Department.
The Department's rules | ||||||
22 | shall also provide for circumstances and procedures whereby | ||||||
23 | any person who has received training that meets the | ||||||
24 | requirements of this subsection shall not be required to | ||||||
25 | undergo additional training if he or she is transferred to or | ||||||
26 | obtains employment at a different facility or a facility other |
| |||||||
| |||||||
1 | than those licensed under this Act but remains continuously | ||||||
2 | employed as a nursing assistant, habilitation aide, or child | ||||||
3 | care aide. Individuals who have performed no nursing, | ||||||
4 | nursing-related services, or habilitation services for a | ||||||
5 | period of 24 consecutive months shall be listed as inactive | ||||||
6 | and as such do not meet the requirements of this Section. | ||||||
7 | Licensed sheltered care facilities shall be exempt from the | ||||||
8 | requirements of this Section.
| ||||||
9 | (Source: P.A. 100-432, eff. 8-25-17.)
| ||||||
10 | (210 ILCS 47/3-401)
| ||||||
11 | Sec. 3-401. Involuntary transfer or discharge of resident. | ||||||
12 | A facility may involuntarily transfer or discharge a resident | ||||||
13 | only for one or more of the following reasons: | ||||||
14 | (a) for medical reasons; | ||||||
15 | (b) for the resident's physical safety; | ||||||
16 | (c) for the physical safety of other residents, the
| ||||||
17 | facility staff or facility visitors; or | ||||||
18 | (d) for either late payment or nonpayment for the
| ||||||
19 | resident's stay, except as prohibited by Titles XVIII and XIX | ||||||
20 | of the federal Social Security Act or during a disaster | ||||||
21 | proclaimed by the Governor . For purposes of this Section, | ||||||
22 | "late payment" means non-receipt of payment after submission | ||||||
23 | of a bill. If payment is not received within 45 days after | ||||||
24 | submission of a bill, a facility may send a notice to the | ||||||
25 | resident and responsible party requesting payment within 30 |
| |||||||
| |||||||
1 | days. If payment is not received within such 30 days, the | ||||||
2 | facility may thereupon institute transfer or discharge | ||||||
3 | proceedings by sending a notice of transfer or discharge to | ||||||
4 | the resident and responsible party by registered or certified | ||||||
5 | mail. The notice shall state, in addition to the requirements | ||||||
6 | of Section 3-403 of this Act, that the responsible party has | ||||||
7 | the right to pay the amount of the bill in full up to the date | ||||||
8 | the transfer or discharge is to be made and then the resident | ||||||
9 | shall have the right to remain in the facility. Such payment | ||||||
10 | shall terminate the transfer or discharge proceedings. This | ||||||
11 | subsection does not apply to those residents whose care is | ||||||
12 | provided for under the Illinois Public Aid Code. The | ||||||
13 | Department shall adopt rules setting forth the criteria and | ||||||
14 | procedures to be applied in cases of involuntary transfer or | ||||||
15 | discharge permitted under this Section.
| ||||||
16 | (Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
| ||||||
17 | (210 ILCS 47/3-702)
| ||||||
18 | Sec. 3-702. Request for investigation of violation. | ||||||
19 | (a) A person who believes that this Act or a rule | ||||||
20 | promulgated under this Act may have been violated may request | ||||||
21 | an investigation. The request may be submitted to the | ||||||
22 | Department in writing, by telephone, by electronic means, or | ||||||
23 | by personal visit. An oral complaint shall be reduced to | ||||||
24 | writing by the Department. The Department shall make | ||||||
25 | available, through
its website and upon request, information |
| |||||||
| |||||||
1 | regarding the oral
and phone intake processes and the list of | ||||||
2 | questions that will
be asked of the complainant. The | ||||||
3 | Department shall request information identifying the | ||||||
4 | complainant, including the name, address and telephone number, | ||||||
5 | to help enable appropriate follow up. The Department shall act | ||||||
6 | on such complaints via on-site visits or other methods deemed | ||||||
7 | appropriate to handle the complaints with or without such | ||||||
8 | identifying information, as otherwise provided under this | ||||||
9 | Section. The complainant shall be informed that compliance | ||||||
10 | with such request is not required to satisfy the procedures | ||||||
11 | for filing a complaint under this Act. The Department must | ||||||
12 | notify complainants that complaints with less information | ||||||
13 | provided are far more difficult to respond to and investigate. | ||||||
14 | (b) The substance of the complaint shall be provided in | ||||||
15 | writing to the licensee, owner or administrator no earlier | ||||||
16 | than at the commencement of an on-site inspection of the | ||||||
17 | facility which takes place pursuant to the complaint. | ||||||
18 | (c) The Department shall not disclose the name of the | ||||||
19 | complainant unless the complainant consents in writing to the | ||||||
20 | disclosure or the investigation results in a judicial | ||||||
21 | proceeding, or unless disclosure is essential to the | ||||||
22 | investigation. The complainant shall be given the opportunity | ||||||
23 | to withdraw the complaint before disclosure. Upon the request | ||||||
24 | of the complainant, the Department may permit the complainant | ||||||
25 | or a representative of the complainant to accompany the person | ||||||
26 | making the on-site inspection of the facility. |
| |||||||
| |||||||
1 | (d) Upon receipt of a complaint, the Department shall | ||||||
2 | determine whether this Act or a rule promulgated under this | ||||||
3 | Act has been or is being violated. The Department shall | ||||||
4 | investigate all complaints alleging abuse or neglect within 7 | ||||||
5 | days after the receipt of the complaint except that complaints | ||||||
6 | of abuse or neglect which indicate that a resident's life or | ||||||
7 | safety is in imminent danger shall be investigated within 24 | ||||||
8 | hours after receipt of the complaint. All other complaints | ||||||
9 | shall be investigated within 30 days after the receipt of the | ||||||
10 | complaint , except that during a disaster proclaimed by the | ||||||
11 | Governor, all other complaints shall be investigated within an | ||||||
12 | appropriate timeframe to the extent feasible . The Department | ||||||
13 | employees investigating a complaint shall conduct a brief, | ||||||
14 | informal exit conference with the facility to alert its | ||||||
15 | administration of any suspected serious deficiency that poses | ||||||
16 | a direct threat to the health, safety or welfare of a resident | ||||||
17 | to enable an immediate correction for the alleviation or | ||||||
18 | elimination of such threat. Such information and findings | ||||||
19 | discussed in the brief exit conference shall become a part of | ||||||
20 | the investigating record but shall not in any way constitute | ||||||
21 | an official or final notice of violation as provided under | ||||||
22 | Section 3-301. All complaints shall be classified as "an | ||||||
23 | invalid report", "a valid report", or "an undetermined | ||||||
24 | report". For any complaint classified as "a valid report", the | ||||||
25 | Department must determine within 30 working days if any rule | ||||||
26 | or provision of this Act has been or is being violated. |
| |||||||
| |||||||
1 | (d-1) The Department shall, whenever possible, combine an | ||||||
2 | on site investigation of a complaint in a facility with other | ||||||
3 | inspections in order to avoid duplication of inspections. | ||||||
4 | (e) In all cases, the Department shall inform the | ||||||
5 | complainant of its findings within 10 days of its | ||||||
6 | determination unless otherwise indicated by the complainant, | ||||||
7 | and the complainant may direct the Department to send a copy of | ||||||
8 | such findings to another person. The Department's findings may | ||||||
9 | include comments or documentation provided by either the | ||||||
10 | complainant or the licensee pertaining to the complaint. The | ||||||
11 | Department shall also notify the facility of such findings | ||||||
12 | within 10 days of the determination, but the name of the | ||||||
13 | complainant or residents shall not be disclosed in this notice | ||||||
14 | to the facility. The notice of such findings shall include a | ||||||
15 | copy of the written determination; the correction order, if | ||||||
16 | any; the warning notice, if any; the inspection report; or the | ||||||
17 | State licensure form on which the violation is listed. | ||||||
18 | (f) A written determination, correction order, or warning | ||||||
19 | notice concerning a complaint, together with the facility's | ||||||
20 | response, shall be available for public inspection, but the | ||||||
21 | name of the complainant or resident shall not be disclosed | ||||||
22 | without his or her consent. | ||||||
23 | (g) A complainant who is dissatisfied with the | ||||||
24 | determination or investigation by the Department may request a | ||||||
25 | hearing under Section 3-703. The facility shall be given | ||||||
26 | notice of any such hearing and may participate in the hearing |
| |||||||
| |||||||
1 | as a party. If a facility requests a hearing under Section | ||||||
2 | 3-703 which concerns a matter covered by a complaint, the | ||||||
3 | complainant shall be given notice and may participate in the | ||||||
4 | hearing as a party. A request for a hearing by either a | ||||||
5 | complainant or a facility shall be submitted in writing to the | ||||||
6 | Department within 30 days after the mailing of the | ||||||
7 | Department's findings as described in subsection (e) of this | ||||||
8 | Section. Upon receipt of the request the Department shall | ||||||
9 | conduct a hearing as provided under Section 3-703. | ||||||
10 | (g-5) The Department shall conduct an annual review and
| ||||||
11 | make a report concerning the complaint process that includes
| ||||||
12 | the number of complaints received, the breakdown of anonymous
| ||||||
13 | and non-anonymous complaints and whether the complaints were
| ||||||
14 | substantiated or not, the total number of substantiated
| ||||||
15 | complaints, and any other complaint information requested by
| ||||||
16 | the DD Facility Advisory Board. This report shall be provided | ||||||
17 | to the DD Facility Advisory Board. The DD Facility Advisory | ||||||
18 | Board shall review the report and suggest any changes deemed | ||||||
19 | necessary to the Department for review and action, including | ||||||
20 | how to investigate and substantiate anonymous complaints. | ||||||
21 | (h) Any person who knowingly transmits a false report to | ||||||
22 | the Department commits the offense of disorderly conduct under | ||||||
23 | subsection (a)(8) of Section 26-1 of the Criminal Code of | ||||||
24 | 2012.
| ||||||
25 | (Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14.)
|
| |||||||
| |||||||
1 | Section 30. The Specialized Mental Health Rehabilitation | ||||||
2 | Act of 2013 is amended by changing Section 4-105 as follows:
| ||||||
3 | (210 ILCS 49/4-105)
| ||||||
4 | Sec. 4-105. Provisional licensure duration. A provisional | ||||||
5 | license shall be valid upon fulfilling the requirements | ||||||
6 | established by the Department by emergency rule. The license | ||||||
7 | shall remain valid as long as a facility remains in compliance | ||||||
8 | with the licensure provisions established in rule. Provisional | ||||||
9 | licenses issued upon initial licensure as a specialized mental | ||||||
10 | health rehabilitation facility shall expire at the end of a | ||||||
11 | 3-year period, which commences on the date the provisional | ||||||
12 | license is issued. Issuance of a provisional license for any | ||||||
13 | reason other than initial licensure (including, but not | ||||||
14 | limited to, change of ownership, location, number of beds, or | ||||||
15 | services) shall not extend the maximum 3-year period, at the | ||||||
16 | end of which a facility must be licensed pursuant to Section | ||||||
17 | 4-201 , except that provisional licenses shall be valid for the | ||||||
18 | duration of a disaster proclaimed by the Governor . | ||||||
19 | Notwithstanding any other provision of this Act or the | ||||||
20 | Specialized Mental Health Rehabilitation Facilities Code, 77 | ||||||
21 | Ill. Adm. Admin. Code 380, to the contrary, if a facility has | ||||||
22 | received notice from the Department that its application for | ||||||
23 | provisional licensure to provide recovery and rehabilitation | ||||||
24 | services has been accepted as complete and the facility has | ||||||
25 | attested in writing to the Department that it will comply with |
| |||||||
| |||||||
1 | the staff training plan approved by the Division of Mental | ||||||
2 | Health, then a provisional license for recovery and | ||||||
3 | rehabilitation services shall be issued to the facility within | ||||||
4 | 60 days after the Department determines that the facility is | ||||||
5 | in compliance with the requirements of the Life Safety Code in | ||||||
6 | accordance with Section 4-104.5 of this Act.
| ||||||
7 | (Source: P.A. 99-712, eff. 8-5-16; 100-365, eff. 8-25-17; | ||||||
8 | revised 2-28-22.)
| ||||||
9 | Section 35. The Health Care Worker Background Check Act is | ||||||
10 | amended by changing Section 33 as follows:
| ||||||
11 | (225 ILCS 46/33) | ||||||
12 | Sec. 33. Fingerprint-based criminal history records check. | ||||||
13 | (a) A fingerprint-based criminal history records check is | ||||||
14 | not required for health care employees who have been | ||||||
15 | continuously employed by a health care employer since October | ||||||
16 | 1, 2007, have met the requirements for criminal history | ||||||
17 | background checks prior to October 1, 2007, and have no | ||||||
18 | disqualifying convictions or requested and received a waiver | ||||||
19 | of those disqualifying convictions. These employees shall be | ||||||
20 | retained on the Health Care Worker Registry as long as they | ||||||
21 | remain active. Nothing in this subsection (a) shall be | ||||||
22 | construed to prohibit a health care employer from initiating a | ||||||
23 | criminal history records check for these employees. Should | ||||||
24 | these employees seek a new position with a different health |
| |||||||
| |||||||
1 | care employer, then a fingerprint-based criminal history | ||||||
2 | records check shall be required.
| ||||||
3 | (b) On October 1, 2007 or as soon thereafter as is | ||||||
4 | reasonably practical, in the discretion of the Director of | ||||||
5 | Public Health, and thereafter, any student,
applicant, or | ||||||
6 | employee who desires to be included on the Department of | ||||||
7 | Public Health's Health Care Worker Registry shall authorize | ||||||
8 | the Department of Public Health or its designee to request a | ||||||
9 | fingerprint-based criminal history records check to determine | ||||||
10 | if the individual has a conviction for a disqualifying | ||||||
11 | offense. This authorization shall allow the Department of | ||||||
12 | Public Health to request and receive information and | ||||||
13 | assistance from any State or governmental agency. Each | ||||||
14 | individual shall submit his or her fingerprints to the | ||||||
15 | Illinois State Police in an electronic format that complies | ||||||
16 | with the form and manner for requesting and furnishing | ||||||
17 | criminal history record information prescribed by the Illinois | ||||||
18 | State Police. The fingerprints submitted under this Section | ||||||
19 | shall be checked against the fingerprint records now and | ||||||
20 | hereafter filed in the Illinois State Police criminal history | ||||||
21 | record databases. The Illinois State Police shall charge a fee | ||||||
22 | for conducting the criminal history records check, which shall | ||||||
23 | not exceed the actual cost of the records check. The livescan | ||||||
24 | vendor may act as the designee for individuals, educational | ||||||
25 | entities, or health care employers in the collection of | ||||||
26 | Illinois State Police fees and deposit those fees into the |
| |||||||
| |||||||
1 | State Police Services Fund. The Illinois State Police shall | ||||||
2 | provide information concerning any criminal convictions, now | ||||||
3 | or hereafter filed, against the individual. | ||||||
4 | (c) On October 1, 2007 or as soon thereafter as is | ||||||
5 | reasonably practical, in the discretion of the Director of | ||||||
6 | Public Health, and thereafter, an educational
entity, other | ||||||
7 | than a secondary school, conducting a nurse aide training | ||||||
8 | program shall initiate a fingerprint-based criminal history | ||||||
9 | records check required by this Act prior to entry of an | ||||||
10 | individual into the training program. | ||||||
11 | (d) On October 1, 2007 or as soon thereafter as is | ||||||
12 | reasonably practical, in the discretion of the Director of | ||||||
13 | Public Health, and thereafter, a health care
employer who | ||||||
14 | makes a conditional offer of employment to an applicant for a | ||||||
15 | position as an employee shall initiate a fingerprint-based | ||||||
16 | criminal history record check, requested by the Department of | ||||||
17 | Public Health, on the applicant, if such a background check | ||||||
18 | has not been previously conducted. Workforce intermediaries | ||||||
19 | and organizations providing pro bono legal services may | ||||||
20 | initiate a fingerprint-based criminal history record check if | ||||||
21 | a conditional offer of employment has not been made and a | ||||||
22 | background check has not been previously conducted for an | ||||||
23 | individual who has a disqualifying conviction and is receiving | ||||||
24 | services from a workforce intermediary or an organization | ||||||
25 | providing pro bono legal services. | ||||||
26 | (e) When initiating a background check requested by the
|
| |||||||
| |||||||
1 | Department of Public Health, an educational entity, health | ||||||
2 | care employer, workforce intermediary, or organization that | ||||||
3 | provides pro bono legal services shall electronically submit | ||||||
4 | to the Department of Public Health the student's, applicant's, | ||||||
5 | or employee's social security number, demographics, | ||||||
6 | disclosure, and authorization information in a format | ||||||
7 | prescribed by the Department of Public Health within 2 working | ||||||
8 | days after the authorization is secured. The student, | ||||||
9 | applicant, or employee shall have his or her fingerprints | ||||||
10 | collected electronically and transmitted to the Illinois State | ||||||
11 | Police within 10 working days. The educational entity, health | ||||||
12 | care employer, workforce intermediary, or organization that | ||||||
13 | provides pro bono legal services shall transmit all necessary | ||||||
14 | information and fees to the livescan vendor and Illinois State | ||||||
15 | Police within 10 working days after receipt of the | ||||||
16 | authorization. This information and the results of the | ||||||
17 | criminal history record checks shall be maintained by the | ||||||
18 | Department of Public Health's Health Care Worker Registry. | ||||||
19 | (f) A direct care employer may initiate a | ||||||
20 | fingerprint-based background check required by this Act for | ||||||
21 | any of its employees, but may not use this process to initiate | ||||||
22 | background checks for residents. The results of any | ||||||
23 | fingerprint-based background check that is initiated with the | ||||||
24 | Department as the requester shall be entered in the Health | ||||||
25 | Care Worker Registry. | ||||||
26 | (g) As long as the employee or trainee has had a |
| |||||||
| |||||||
1 | fingerprint-based criminal history record check required by | ||||||
2 | this Act and stays active on the Health Care Worker Registry, | ||||||
3 | no further criminal history record checks are required, as the | ||||||
4 | Illinois State Police shall notify the Department of Public | ||||||
5 | Health of any additional convictions associated with the | ||||||
6 | fingerprints previously submitted. Health care employers shall | ||||||
7 | check the Health Care Worker Registry before hiring an | ||||||
8 | employee to determine that the individual has had a | ||||||
9 | fingerprint-based record check required by this Act and has no | ||||||
10 | disqualifying convictions or has been granted a waiver | ||||||
11 | pursuant to Section 40 of this Act. If the individual has not | ||||||
12 | had such a background check or is not active on the Health Care | ||||||
13 | Worker Registry, then the health care employer shall initiate | ||||||
14 | a fingerprint-based record check requested by the Department | ||||||
15 | of Public Health. If an individual is inactive on the Health | ||||||
16 | Care Worker Registry, that individual is prohibited from being | ||||||
17 | hired to work as a certified nursing assistant if, since the | ||||||
18 | individual's most recent completion of a competency test, | ||||||
19 | there has been a period of 24 consecutive months during which | ||||||
20 | the individual has not provided nursing or nursing-related | ||||||
21 | services for pay , except for an individual who has been in | ||||||
22 | inactive status for a period of no more than 5 years, was in | ||||||
23 | good standing at the time he or she became inactive, and | ||||||
24 | completes and submits any forms required by the Department . If | ||||||
25 | the individual can provide proof of having retained his or her | ||||||
26 | certification by not having a 24-consecutive-month break in |
| |||||||
| |||||||
1 | service for pay, he or she may be hired as a certified nursing | ||||||
2 | assistant and that employment information shall be entered | ||||||
3 | into the Health Care Worker Registry. | ||||||
4 | (h) On October 1, 2007 or as soon thereafter as is | ||||||
5 | reasonably practical, in the discretion of the Director of | ||||||
6 | Public Health, and thereafter, if the Illinois State Police | ||||||
7 | notifies the Department of Public Health that an employee has | ||||||
8 | a new conviction of a disqualifying offense, based upon the | ||||||
9 | fingerprints that were previously submitted, then (i) the | ||||||
10 | Health Care Worker Registry shall notify the employee's last | ||||||
11 | known employer of the offense, (ii) a record of the employee's | ||||||
12 | disqualifying offense shall be entered on the Health Care | ||||||
13 | Worker Registry, and (iii) the individual shall no longer be | ||||||
14 | eligible to work as an employee unless he or she obtains a | ||||||
15 | waiver pursuant to Section 40 of this Act. | ||||||
16 | (i) On October 1, 2007, or as soon thereafter, in the | ||||||
17 | discretion of the Director of Public Health, as is reasonably | ||||||
18 | practical, and thereafter, each direct care employer or its | ||||||
19 | designee shall provide an employment verification for each | ||||||
20 | employee no less than annually. The direct care employer or | ||||||
21 | its designee shall log into the Health Care Worker Registry | ||||||
22 | through a secure login. The health care employer or its | ||||||
23 | designee shall indicate employment and termination dates | ||||||
24 | within 30 days after hiring or terminating an employee, as | ||||||
25 | well as the employment category and type. Failure to comply | ||||||
26 | with this subsection (i) constitutes a licensing violation. A |
| |||||||
| |||||||
1 | fine of up to $500 may be imposed for failure to maintain these | ||||||
2 | records. This information shall be used by the Department of | ||||||
3 | Public Health to notify the last known employer of any | ||||||
4 | disqualifying offenses that are reported by the Illinois State | ||||||
5 | Police.
| ||||||
6 | (j) In the event that an applicant or employee has a waiver | ||||||
7 | for one or more disqualifying offenses pursuant to Section 40 | ||||||
8 | of this Act and he or she is otherwise eligible to work, the | ||||||
9 | Health Care Worker Registry shall indicate that the applicant | ||||||
10 | or employee is eligible to work and that additional | ||||||
11 | information is available on the Health Care Worker Registry. | ||||||
12 | The Health Care Worker Registry may indicate that the | ||||||
13 | applicant or employee has received a waiver. | ||||||
14 | (k) The student, applicant, or employee shall be notified
| ||||||
15 | of each of the following whenever a fingerprint-based criminal | ||||||
16 | history records check is required: | ||||||
17 | (1) That the educational entity, health care
employer, | ||||||
18 | or long-term care facility shall initiate a | ||||||
19 | fingerprint-based criminal history record check required | ||||||
20 | by this Act of the student, applicant, or employee. | ||||||
21 | (2) That the student, applicant, or employee has a
| ||||||
22 | right to obtain a copy of the criminal records report that | ||||||
23 | indicates a conviction for a disqualifying offense and | ||||||
24 | challenge the accuracy and completeness of the report | ||||||
25 | through an established Illinois State Police procedure of | ||||||
26 | Access and Review. |
| |||||||
| |||||||
1 | (3) That the applicant, if hired conditionally, may
be | ||||||
2 | terminated if the criminal records report indicates that | ||||||
3 | the applicant has a record of a conviction of any of the | ||||||
4 | criminal offenses enumerated in Section 25, unless the | ||||||
5 | applicant obtains a waiver pursuant to Section 40 of this | ||||||
6 | Act. | ||||||
7 | (4) That the applicant, if not hired conditionally,
| ||||||
8 | shall not be hired if the criminal records report | ||||||
9 | indicates that the applicant has a record of a conviction | ||||||
10 | of any of the criminal offenses enumerated in Section 25, | ||||||
11 | unless the applicant obtains a waiver pursuant to Section | ||||||
12 | 40 of this Act. | ||||||
13 | (5) That the employee shall be terminated if the
| ||||||
14 | criminal records report indicates that the employee has a | ||||||
15 | record of a conviction of any of the criminal offenses | ||||||
16 | enumerated in Section 25. | ||||||
17 | (6) If, after the employee has originally been | ||||||
18 | determined not to have disqualifying offenses, the | ||||||
19 | employer is notified that the employee has a new | ||||||
20 | conviction(s) of any of the criminal offenses enumerated | ||||||
21 | in Section 25, then the employee shall be terminated. | ||||||
22 | (l) A health care employer or long-term care facility may
| ||||||
23 | conditionally employ an applicant for up to 6 3 months pending | ||||||
24 | the results of a fingerprint-based criminal history record | ||||||
25 | check requested by the Department of Public Health. | ||||||
26 | (m) The Department of Public Health or an entity
|
| |||||||
| |||||||
1 | responsible for inspecting, licensing, certifying, or | ||||||
2 | registering the health care employer or long-term care | ||||||
3 | facility shall be immune from liability for notices given | ||||||
4 | based on the results of a fingerprint-based criminal history | ||||||
5 | record check.
| ||||||
6 | (n) As used in this Section: | ||||||
7 | "Workforce intermediaries" means organizations that | ||||||
8 | function to provide job training and employment services. | ||||||
9 | Workforce intermediaries include institutions of higher | ||||||
10 | education, faith-based and community organizations, and | ||||||
11 | workforce investment boards. | ||||||
12 | "Organizations providing pro bono legal services" means | ||||||
13 | legal services performed without compensation or at a | ||||||
14 | significantly reduced cost to the recipient that provide | ||||||
15 | services designed to help individuals overcome statutory | ||||||
16 | barriers that would prevent them from entering positions in | ||||||
17 | the healthcare industry. | ||||||
18 | (Source: P.A. 101-176, eff. 7-31-19; 102-538, eff. 8-20-21.)
| ||||||
19 | Section 40. The Medical Practice Act of 1987 is amended by | ||||||
20 | changing Sections 2 and 54.2 as follows:
| ||||||
21 | (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
23 | Sec. 2. Definitions. For purposes of this Act, the
| ||||||
24 | following definitions shall have the following meanings,
|
| |||||||
| |||||||
1 | except where the context requires otherwise:
| ||||||
2 | "Act" means the Medical Practice Act of 1987.
| ||||||
3 | "Address of record" means the designated address recorded | ||||||
4 | by the Department in the applicant's or licensee's application | ||||||
5 | file or license file as maintained by the Department's | ||||||
6 | licensure maintenance unit. | ||||||
7 | "Chiropractic physician" means a person licensed to treat | ||||||
8 | human ailments without the use of drugs and without operative | ||||||
9 | surgery. Nothing in this Act shall be construed to prohibit a | ||||||
10 | chiropractic physician from providing advice regarding the use | ||||||
11 | of non-prescription products or from administering atmospheric | ||||||
12 | oxygen. Nothing in this Act shall be construed to authorize a | ||||||
13 | chiropractic physician to prescribe drugs. | ||||||
14 | "Department" means the Department of Financial and | ||||||
15 | Professional Regulation.
| ||||||
16 | "Disciplinary action" means revocation,
suspension, | ||||||
17 | probation, supervision, practice modification,
reprimand, | ||||||
18 | required education, fines or any other action
taken by the | ||||||
19 | Department against a person holding a license.
| ||||||
20 | "Email address of record" means the designated email | ||||||
21 | address recorded by the Department in the applicant's | ||||||
22 | application file or the licensee's license file, as maintained | ||||||
23 | by the Department's licensure maintenance unit. | ||||||
24 | "Final determination" means the governing body's
final | ||||||
25 | action taken under the procedure followed by a health
care | ||||||
26 | institution, or professional association or society,
against |
| |||||||
| |||||||
1 | any person licensed under the Act in accordance with
the | ||||||
2 | bylaws or rules and regulations of such health care
| ||||||
3 | institution, or professional association or society.
| ||||||
4 | "Fund" means the Illinois State Medical Disciplinary Fund.
| ||||||
5 | "Impaired" means the inability to practice
medicine with | ||||||
6 | reasonable skill and safety due to physical or
mental | ||||||
7 | disabilities as evidenced by a written determination
or | ||||||
8 | written consent based on clinical evidence including
| ||||||
9 | deterioration through the aging process or loss of motor
| ||||||
10 | skill, or abuse of drugs or alcohol, of sufficient degree to
| ||||||
11 | diminish a person's ability to deliver competent patient
care.
| ||||||
12 | "International medical graduate physician" means a | ||||||
13 | physician (i) who has been trained in a country other than the | ||||||
14 | United States; (ii) whose education has been certified by the | ||||||
15 | Educational Commission for Foreign Medical Graduates; (iii) | ||||||
16 | who has passed Step 1, Step 2 Clinical Knowledge, and Step 3 of | ||||||
17 | the United States Medical Licensing Examination as required by | ||||||
18 | this Act; and (iv) who is not licensed to practice medicine in | ||||||
19 | any state or territory of the United States. | ||||||
20 | "Medical Board" means the Illinois State Medical Board. | ||||||
21 | "Physician" means a person licensed under the
Medical | ||||||
22 | Practice Act to practice medicine in all of its
branches or a | ||||||
23 | chiropractic physician.
| ||||||
24 | "Professional association" means an association or
society | ||||||
25 | of persons licensed under this Act, and operating
within the | ||||||
26 | State of Illinois, including but not limited to,
medical |
| |||||||
| |||||||
1 | societies, osteopathic organizations, and
chiropractic | ||||||
2 | organizations, but this term shall not be
deemed to include | ||||||
3 | hospital medical staffs.
| ||||||
4 | "Program of care, counseling, or treatment" means
a | ||||||
5 | written schedule of organized treatment, care, counseling,
| ||||||
6 | activities, or education, satisfactory to the Medical
Board, | ||||||
7 | designed for the purpose of restoring an impaired
person to a | ||||||
8 | condition whereby the impaired person can
practice medicine | ||||||
9 | with reasonable skill and safety of a
sufficient degree to | ||||||
10 | deliver competent patient care.
| ||||||
11 | "Reinstate" means to change the status of a license or | ||||||
12 | permit from inactive or nonrenewed status to active status. | ||||||
13 | "Restore" means to remove an encumbrance from a license | ||||||
14 | due to probation, suspension, or revocation. | ||||||
15 | "Secretary" means the Secretary of Financial and | ||||||
16 | Professional Regulation. | ||||||
17 | (Source: P.A. 102-20, eff. 1-1-22; 102-1117, eff. 1-13-23.)
| ||||||
18 | (225 ILCS 60/54.2) | ||||||
19 | (Section scheduled to be repealed on January 1, 2027) | ||||||
20 | Sec. 54.2. Physician delegation of authority. | ||||||
21 | (a) Nothing in this Act shall be construed to limit the | ||||||
22 | delegation of patient care tasks or duties by a physician, to a | ||||||
23 | licensed practical nurse, a registered professional nurse, or | ||||||
24 | other licensed person practicing within the scope of his or | ||||||
25 | her individual licensing Act. Delegation by a physician |
| |||||||
| |||||||
1 | licensed to practice medicine in all its branches to physician | ||||||
2 | assistants or advanced practice registered nurses is also | ||||||
3 | addressed in Section 54.5 of this Act. No physician may | ||||||
4 | delegate any patient care task or duty that is statutorily or | ||||||
5 | by rule mandated to be performed by a physician. | ||||||
6 | (b) In an office or practice setting and within a | ||||||
7 | physician-patient relationship, a physician may delegate | ||||||
8 | patient care tasks or duties to an unlicensed person who | ||||||
9 | possesses appropriate training and experience provided a | ||||||
10 | health care professional, who is practicing within the scope | ||||||
11 | of such licensed professional's individual licensing Act, is | ||||||
12 | on site to provide assistance. | ||||||
13 | (c) Any such patient care task or duty delegated to a | ||||||
14 | licensed or unlicensed person must be within the scope of | ||||||
15 | practice, education, training, or experience of the delegating | ||||||
16 | physician and within the context of a physician-patient | ||||||
17 | relationship. | ||||||
18 | (d) Nothing in this Section shall be construed to affect | ||||||
19 | referrals for professional services required by law. | ||||||
20 | (e) The Department shall have the authority to promulgate | ||||||
21 | rules concerning a physician's delegation, including but not | ||||||
22 | limited to, the use of light emitting devices for patient care | ||||||
23 | or treatment.
| ||||||
24 | (f) Nothing in this Act shall be construed to limit the | ||||||
25 | method of delegation that may be authorized by any means, | ||||||
26 | including, but not limited to, oral, written, electronic, |
| |||||||
| |||||||
1 | standing orders, protocols, guidelines, or verbal orders. | ||||||
2 | (g) A physician licensed to practice medicine in all of | ||||||
3 | its branches under this Act may delegate any and all authority | ||||||
4 | prescribed to him or her by law to international medical | ||||||
5 | graduate physicians. An international medical graduate | ||||||
6 | physician working in Illinois pursuant to this subsection is | ||||||
7 | subject to all statutory and regulatory requirements of this | ||||||
8 | Act, as applicable, relating to the standards of care. An | ||||||
9 | international medical graduate physician must attest that he | ||||||
10 | or she has complied with this subsection on a form provided by | ||||||
11 | the Department. An international medical graduate physician is | ||||||
12 | limited to providing treatment under the supervision of a | ||||||
13 | physician licensed to practice medicine in all of its branches | ||||||
14 | under this Act. An international medical graduate physician | ||||||
15 | practicing pursuant to this subsection must provide the | ||||||
16 | Department with his or her name, contact information, country | ||||||
17 | or other origin of licensure, license number, respective date | ||||||
18 | of beginning services, and date of ending services on an | ||||||
19 | International Medical Graduate Physician Temporary Practice | ||||||
20 | Application. This subsection does not apply to any | ||||||
21 | international medical graduate physician whose license as a | ||||||
22 | physician is revoked, suspended, or otherwise encumbered. | ||||||
23 | (Source: P.A. 100-513, eff. 1-1-18 .)
| ||||||
24 | Section 45. The Pharmacy Practice Act is amended by | ||||||
25 | changing Section 3 and by adding Section 9.6 as follows:
|
| |||||||
| |||||||
1 | (225 ILCS 85/3)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
3 | Sec. 3. Definitions. For the purpose of this Act, except | ||||||
4 | where otherwise
limited therein:
| ||||||
5 | (a) "Pharmacy" or "drugstore" means and includes every | ||||||
6 | store, shop,
pharmacy department, or other place where | ||||||
7 | pharmacist
care is
provided
by a pharmacist (1) where drugs, | ||||||
8 | medicines, or poisons are
dispensed, sold or
offered for sale | ||||||
9 | at retail, or displayed for sale at retail; or
(2)
where
| ||||||
10 | prescriptions of physicians, dentists, advanced practice | ||||||
11 | registered nurses, physician assistants, veterinarians, | ||||||
12 | podiatric physicians, or
optometrists, within the limits of | ||||||
13 | their
licenses, are
compounded, filled, or dispensed; or (3) | ||||||
14 | which has upon it or
displayed within
it, or affixed to or used | ||||||
15 | in connection with it, a sign bearing the word or
words | ||||||
16 | "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical
Care", | ||||||
17 | "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", | ||||||
18 | "Drugs", "Dispensary", "Medicines", or any word
or words of | ||||||
19 | similar or like import, either in the English language
or any | ||||||
20 | other language; or (4) where the characteristic prescription
| ||||||
21 | sign (Rx) or similar design is exhibited; or (5) any store, or
| ||||||
22 | shop,
or other place with respect to which any of the above | ||||||
23 | words, objects,
signs or designs are used in any | ||||||
24 | advertisement.
| ||||||
25 | (b) "Drugs" means and includes (1) articles recognized
in |
| |||||||
| |||||||
1 | the official United States Pharmacopoeia/National Formulary | ||||||
2 | (USP/NF),
or any supplement thereto and being intended for and | ||||||
3 | having for their
main use the diagnosis, cure, mitigation, | ||||||
4 | treatment or prevention of
disease in man or other animals, as | ||||||
5 | approved by the United States Food and
Drug Administration, | ||||||
6 | but does not include devices or their components, parts,
or | ||||||
7 | accessories; and (2) all other articles intended
for and | ||||||
8 | having for their main use the diagnosis, cure, mitigation,
| ||||||
9 | treatment or prevention of disease in man or other animals, as | ||||||
10 | approved
by the United States Food and Drug Administration, | ||||||
11 | but does not include
devices or their components, parts, or | ||||||
12 | accessories; and (3) articles
(other than food) having for | ||||||
13 | their main use and intended
to affect the structure or any | ||||||
14 | function of the body of man or other
animals; and (4) articles | ||||||
15 | having for their main use and intended
for use as a component | ||||||
16 | or any articles specified in clause (1), (2)
or (3); but does | ||||||
17 | not include devices or their components, parts or
accessories.
| ||||||
18 | (c) "Medicines" means and includes all drugs intended for
| ||||||
19 | human or veterinary use approved by the United States Food and | ||||||
20 | Drug
Administration.
| ||||||
21 | (d) "Practice of pharmacy" means: | ||||||
22 | (1) the interpretation and the provision of assistance | ||||||
23 | in the monitoring, evaluation, and implementation of | ||||||
24 | prescription drug orders; | ||||||
25 | (2) the dispensing of prescription drug orders; | ||||||
26 | (3) participation in drug and device selection; |
| |||||||
| |||||||
1 | (4) drug administration limited to the administration | ||||||
2 | of oral, topical, injectable, and inhalation as follows: | ||||||
3 | (A) in the context of patient education on the | ||||||
4 | proper use or delivery of medications; | ||||||
5 | (B) vaccination of patients 7 years of age and | ||||||
6 | older pursuant to a valid prescription or standing | ||||||
7 | order, by a physician licensed to practice medicine in | ||||||
8 | all its branches, upon completion of an appropriate | ||||||
9 | training course accredited by the Accreditation | ||||||
10 | Council for Pharmacy Education or a similar health | ||||||
11 | authority or professional body and a minimum of 2 | ||||||
12 | hours of continuing pharmacy education training | ||||||
13 | accredited by the Accreditation Council for Pharmacy | ||||||
14 | Education during each licensing period , including how | ||||||
15 | to address contraindications and adverse reactions set | ||||||
16 | forth by rule, with notification to the patient's | ||||||
17 | physician and appropriate record retention, or | ||||||
18 | pursuant to hospital pharmacy and therapeutics | ||||||
19 | committee policies and procedures. Eligible vaccines | ||||||
20 | are those listed on the U.S. Centers for Disease | ||||||
21 | Control and Prevention (CDC) Recommended Immunization | ||||||
22 | Schedule, the CDC's Health Information for | ||||||
23 | International Travel, or the U.S. Food and Drug | ||||||
24 | Administration's Vaccines Licensed and Authorized for | ||||||
25 | Use in the United States. As applicable to the State's | ||||||
26 | Medicaid program and other payers, vaccines ordered |
| |||||||
| |||||||
1 | and administered in accordance with this subsection | ||||||
2 | shall be covered and reimbursed at no less than the | ||||||
3 | rate that the vaccine is reimbursed when ordered and | ||||||
4 | administered by a physician; | ||||||
5 | (B-5) following the initial administration of | ||||||
6 | long-acting or extended-release form opioid | ||||||
7 | antagonists by a physician licensed to practice | ||||||
8 | medicine in all its branches, administration of | ||||||
9 | injections of long-acting or extended-release form | ||||||
10 | opioid antagonists for the treatment of substance use | ||||||
11 | disorder, pursuant to a valid prescription by a | ||||||
12 | physician licensed to practice medicine in all its | ||||||
13 | branches, upon completion of appropriate training, | ||||||
14 | including how to address contraindications and adverse | ||||||
15 | reactions, including, but not limited to, respiratory | ||||||
16 | depression and the performance of cardiopulmonary | ||||||
17 | resuscitation, set forth by rule, with notification to | ||||||
18 | the patient's physician and appropriate record | ||||||
19 | retention, or pursuant to hospital pharmacy and | ||||||
20 | therapeutics committee policies and procedures; | ||||||
21 | (C) administration of injections of | ||||||
22 | alpha-hydroxyprogesterone caproate, pursuant to a | ||||||
23 | valid prescription, by a physician licensed to | ||||||
24 | practice medicine in all its branches, upon completion | ||||||
25 | of appropriate training, including how to address | ||||||
26 | contraindications and adverse reactions set forth by |
| |||||||
| |||||||
1 | rule, with notification to the patient's physician and | ||||||
2 | appropriate record retention, or pursuant to hospital | ||||||
3 | pharmacy and therapeutics committee policies and | ||||||
4 | procedures; and | ||||||
5 | (D) administration of injections of long-term | ||||||
6 | antipsychotic medications pursuant to a valid | ||||||
7 | prescription by a physician licensed to practice | ||||||
8 | medicine in all its branches, upon completion of | ||||||
9 | appropriate training conducted by an Accreditation | ||||||
10 | Council of Pharmaceutical Education accredited | ||||||
11 | provider, including how to address contraindications | ||||||
12 | and adverse reactions set forth by rule, with | ||||||
13 | notification to the patient's physician and | ||||||
14 | appropriate record retention, or pursuant to hospital | ||||||
15 | pharmacy and therapeutics committee policies and | ||||||
16 | procedures ; and . | ||||||
17 | (E) administration of COVID-19 therapeutics | ||||||
18 | subcutaneously, intramuscularly, or orally with | ||||||
19 | notification to the patient's physician and | ||||||
20 | appropriate record retention, or pursuant to hospital | ||||||
21 | pharmacy and therapeutics committee policies and | ||||||
22 | procedures. Eligible therapeutics are those approved, | ||||||
23 | authorized, or licensed by the U.S. Food and Drug | ||||||
24 | Administration and must be administered | ||||||
25 | subcutaneously, intramuscularly, or orally in | ||||||
26 | accordance with that approval, authorization, or |
| |||||||
| |||||||
1 | licensing. | ||||||
2 | (5) (blank); | ||||||
3 | (6) drug regimen review; | ||||||
4 | (7) drug or drug-related research; | ||||||
5 | (8) the provision of patient counseling; | ||||||
6 | (9) the practice of telepharmacy; | ||||||
7 | (10) the provision of those acts or services necessary | ||||||
8 | to provide pharmacist care; | ||||||
9 | (11) medication therapy management; | ||||||
10 | (12) the responsibility for compounding and labeling | ||||||
11 | of drugs and devices (except labeling by a manufacturer, | ||||||
12 | repackager, or distributor of non-prescription drugs and | ||||||
13 | commercially packaged legend drugs and devices), proper | ||||||
14 | and safe storage of drugs and devices, and maintenance of | ||||||
15 | required records; | ||||||
16 | (13) the assessment and consultation of patients and | ||||||
17 | dispensing of hormonal contraceptives; and | ||||||
18 | (14) the initiation, dispensing, or administration of
| ||||||
19 | drugs, laboratory tests, assessments, referrals, and
| ||||||
20 | consultations for human immunodeficiency virus | ||||||
21 | pre-exposure prophylaxis and human immunodeficiency virus
| ||||||
22 | post-exposure prophylaxis under Section 43.5. | ||||||
23 | A pharmacist who performs any of the acts defined as the | ||||||
24 | practice of pharmacy in this State must be actively licensed | ||||||
25 | as a pharmacist under this Act.
| ||||||
26 | (e) "Prescription" means and includes any written, oral, |
| |||||||
| |||||||
1 | facsimile, or
electronically transmitted order for drugs
or | ||||||
2 | medical devices, issued by a physician licensed to practice | ||||||
3 | medicine in
all its branches, dentist, veterinarian, podiatric | ||||||
4 | physician, or
optometrist, within the
limits of his or her | ||||||
5 | license, by a physician assistant in accordance with
| ||||||
6 | subsection (f) of Section 4, or by an advanced practice | ||||||
7 | registered nurse in
accordance with subsection (g) of Section | ||||||
8 | 4, containing the
following: (1) name
of the patient; (2) date | ||||||
9 | when prescription was issued; (3) name
and strength of drug or | ||||||
10 | description of the medical device prescribed;
and (4) | ||||||
11 | quantity; (5) directions for use; (6) prescriber's name,
| ||||||
12 | address,
and signature; and (7) DEA registration number where | ||||||
13 | required, for controlled
substances.
The prescription may, but | ||||||
14 | is not required to, list the illness, disease, or condition | ||||||
15 | for which the drug or device is being prescribed. DEA | ||||||
16 | registration numbers shall not be required on inpatient drug | ||||||
17 | orders. A prescription for medication other than controlled | ||||||
18 | substances shall be valid for up to 15 months from the date | ||||||
19 | issued for the purpose of refills, unless the prescription | ||||||
20 | states otherwise.
| ||||||
21 | (f) "Person" means and includes a natural person, | ||||||
22 | partnership,
association, corporation, government entity, or | ||||||
23 | any other legal
entity.
| ||||||
24 | (g) "Department" means the Department of Financial and
| ||||||
25 | Professional Regulation.
| ||||||
26 | (h) "Board of Pharmacy" or "Board" means the State Board
|
| |||||||
| |||||||
1 | of Pharmacy of the Department of Financial and Professional | ||||||
2 | Regulation.
| ||||||
3 | (i) "Secretary"
means the Secretary
of Financial and | ||||||
4 | Professional Regulation.
| ||||||
5 | (j) "Drug product selection" means the interchange for a
| ||||||
6 | prescribed pharmaceutical product in accordance with Section | ||||||
7 | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | ||||||
8 | Cosmetic Act.
| ||||||
9 | (k) "Inpatient drug order" means an order issued by an | ||||||
10 | authorized
prescriber for a resident or patient of a facility | ||||||
11 | licensed under the
Nursing Home Care Act, the ID/DD Community | ||||||
12 | Care Act, the MC/DD Act, the Specialized Mental Health | ||||||
13 | Rehabilitation Act of 2013, the Hospital Licensing Act, or the | ||||||
14 | University of Illinois Hospital Act, or a facility which is | ||||||
15 | operated by the Department of Human
Services (as successor to | ||||||
16 | the Department of Mental Health
and Developmental | ||||||
17 | Disabilities) or the Department of Corrections.
| ||||||
18 | (k-5) "Pharmacist" means an individual health care | ||||||
19 | professional and
provider currently licensed by this State to | ||||||
20 | engage in the practice of
pharmacy.
| ||||||
21 | (l) "Pharmacist in charge" means the licensed pharmacist | ||||||
22 | whose name appears
on a pharmacy license and who is | ||||||
23 | responsible for all aspects of the
operation related to the | ||||||
24 | practice of pharmacy.
| ||||||
25 | (m) "Dispense" or "dispensing" means the interpretation, | ||||||
26 | evaluation, and implementation of a prescription drug order, |
| |||||||
| |||||||
1 | including the preparation and delivery of a drug or device to a | ||||||
2 | patient or patient's agent in a suitable container | ||||||
3 | appropriately labeled for subsequent administration to or use | ||||||
4 | by a patient in accordance with applicable State and federal | ||||||
5 | laws and regulations.
"Dispense" or "dispensing" does not mean | ||||||
6 | the physical delivery to a patient or a
patient's | ||||||
7 | representative in a home or institution by a designee of a | ||||||
8 | pharmacist
or by common carrier. "Dispense" or "dispensing" | ||||||
9 | also does not mean the physical delivery
of a drug or medical | ||||||
10 | device to a patient or patient's representative by a
| ||||||
11 | pharmacist's designee within a pharmacy or drugstore while the | ||||||
12 | pharmacist is
on duty and the pharmacy is open.
| ||||||
13 | (n) "Nonresident pharmacy"
means a pharmacy that is | ||||||
14 | located in a state, commonwealth, or territory
of the United | ||||||
15 | States, other than Illinois, that delivers, dispenses, or
| ||||||
16 | distributes, through the United States Postal Service, | ||||||
17 | commercially acceptable parcel delivery service, or other | ||||||
18 | common
carrier, to Illinois residents, any substance which | ||||||
19 | requires a prescription.
| ||||||
20 | (o) "Compounding" means the preparation and mixing of | ||||||
21 | components, excluding flavorings, (1) as the result of a | ||||||
22 | prescriber's prescription drug order or initiative based on | ||||||
23 | the prescriber-patient-pharmacist relationship in the course | ||||||
24 | of professional practice or (2) for the purpose of, or | ||||||
25 | incident to, research, teaching, or chemical analysis and not | ||||||
26 | for sale or dispensing. "Compounding" includes the preparation |
| |||||||
| |||||||
1 | of drugs or devices in anticipation of receiving prescription | ||||||
2 | drug orders based on routine, regularly observed dispensing | ||||||
3 | patterns. Commercially available products may be compounded | ||||||
4 | for dispensing to individual patients only if all of the | ||||||
5 | following conditions are met: (i) the commercial product is | ||||||
6 | not reasonably available from normal distribution channels in | ||||||
7 | a timely manner to meet the patient's needs and (ii) the | ||||||
8 | prescribing practitioner has requested that the drug be | ||||||
9 | compounded.
| ||||||
10 | (p) (Blank).
| ||||||
11 | (q) (Blank).
| ||||||
12 | (r) "Patient counseling" means the communication between a | ||||||
13 | pharmacist or a student pharmacist under the supervision of a | ||||||
14 | pharmacist and a patient or the patient's representative about | ||||||
15 | the patient's medication or device for the purpose of | ||||||
16 | optimizing proper use of prescription medications or devices. | ||||||
17 | "Patient counseling" may include without limitation (1) | ||||||
18 | obtaining a medication history; (2) acquiring a patient's | ||||||
19 | allergies and health conditions; (3) facilitation of the | ||||||
20 | patient's understanding of the intended use of the medication; | ||||||
21 | (4) proper directions for use; (5) significant potential | ||||||
22 | adverse events; (6) potential food-drug interactions; and (7) | ||||||
23 | the need to be compliant with the medication therapy. A | ||||||
24 | pharmacy technician may only participate in the following | ||||||
25 | aspects of patient counseling under the supervision of a | ||||||
26 | pharmacist: (1) obtaining medication history; (2) providing |
| |||||||
| |||||||
1 | the offer for counseling by a pharmacist or student | ||||||
2 | pharmacist; and (3) acquiring a patient's allergies and health | ||||||
3 | conditions.
| ||||||
4 | (s) "Patient profiles" or "patient drug therapy record" | ||||||
5 | means the
obtaining, recording, and maintenance of patient | ||||||
6 | prescription
information, including prescriptions for | ||||||
7 | controlled substances, and
personal information.
| ||||||
8 | (t) (Blank).
| ||||||
9 | (u) "Medical device" or "device" means an instrument, | ||||||
10 | apparatus, implement, machine,
contrivance, implant, in vitro | ||||||
11 | reagent, or other similar or related article,
including any | ||||||
12 | component part or accessory, required under federal law to
| ||||||
13 | bear the label "Caution: Federal law requires dispensing by or | ||||||
14 | on the order
of a physician". A seller of goods and services | ||||||
15 | who, only for the purpose of
retail sales, compounds, sells, | ||||||
16 | rents, or leases medical devices shall not,
by reasons | ||||||
17 | thereof, be required to be a licensed pharmacy.
| ||||||
18 | (v) "Unique identifier" means an electronic signature, | ||||||
19 | handwritten
signature or initials, thumb print, or other | ||||||
20 | acceptable biometric
or electronic identification process as | ||||||
21 | approved by the Department.
| ||||||
22 | (w) "Current usual and customary retail price" means the | ||||||
23 | price that a pharmacy charges to a non-third-party payor.
| ||||||
24 | (x) "Automated pharmacy system" means a mechanical system | ||||||
25 | located within the confines of the pharmacy or remote location | ||||||
26 | that performs operations or activities, other than compounding |
| |||||||
| |||||||
1 | or administration, relative to storage, packaging, dispensing, | ||||||
2 | or distribution of medication, and which collects, controls, | ||||||
3 | and maintains all transaction information. | ||||||
4 | (y) "Drug regimen review" means and includes the | ||||||
5 | evaluation of prescription drug orders and patient records for | ||||||
6 | (1)
known allergies; (2) drug or potential therapy | ||||||
7 | contraindications;
(3) reasonable dose, duration of use, and | ||||||
8 | route of administration, taking into consideration factors | ||||||
9 | such as age, gender, and contraindications; (4) reasonable | ||||||
10 | directions for use; (5) potential or actual adverse drug | ||||||
11 | reactions; (6) drug-drug interactions; (7) drug-food | ||||||
12 | interactions; (8) drug-disease contraindications; (9) | ||||||
13 | therapeutic duplication; (10) patient laboratory values when | ||||||
14 | authorized and available; (11) proper utilization (including | ||||||
15 | over or under utilization) and optimum therapeutic outcomes; | ||||||
16 | and (12) abuse and misuse.
| ||||||
17 | (z) "Electronically transmitted prescription" means a | ||||||
18 | prescription that is created, recorded, or stored by | ||||||
19 | electronic means; issued and validated with an electronic | ||||||
20 | signature; and transmitted by electronic means directly from | ||||||
21 | the prescriber to a pharmacy. An electronic prescription is | ||||||
22 | not an image of a physical prescription that is transferred by | ||||||
23 | electronic means from computer to computer, facsimile to | ||||||
24 | facsimile, or facsimile to computer.
| ||||||
25 | (aa) "Medication therapy management services" means a | ||||||
26 | distinct service or group of services offered by licensed |
| |||||||
| |||||||
1 | pharmacists, physicians licensed to practice medicine in all | ||||||
2 | its branches, advanced practice registered nurses authorized | ||||||
3 | in a written agreement with a physician licensed to practice | ||||||
4 | medicine in all its branches, or physician assistants | ||||||
5 | authorized in guidelines by a supervising physician that | ||||||
6 | optimize therapeutic outcomes for individual patients through | ||||||
7 | improved medication use. In a retail or other non-hospital | ||||||
8 | pharmacy, medication therapy management services shall consist | ||||||
9 | of the evaluation of prescription drug orders and patient | ||||||
10 | medication records to resolve conflicts with the following: | ||||||
11 | (1) known allergies; | ||||||
12 | (2) drug or potential therapy contraindications; | ||||||
13 | (3) reasonable dose, duration of use, and route of | ||||||
14 | administration, taking into consideration factors such as | ||||||
15 | age, gender, and contraindications; | ||||||
16 | (4) reasonable directions for use; | ||||||
17 | (5) potential or actual adverse drug reactions; | ||||||
18 | (6) drug-drug interactions; | ||||||
19 | (7) drug-food interactions; | ||||||
20 | (8) drug-disease contraindications; | ||||||
21 | (9) identification of therapeutic duplication; | ||||||
22 | (10) patient laboratory values when authorized and | ||||||
23 | available; | ||||||
24 | (11) proper utilization (including over or under | ||||||
25 | utilization) and optimum therapeutic outcomes; and | ||||||
26 | (12) drug abuse and misuse. |
| |||||||
| |||||||
1 | "Medication therapy management services" includes the | ||||||
2 | following: | ||||||
3 | (1) documenting the services delivered and | ||||||
4 | communicating the information provided to patients' | ||||||
5 | prescribers within an appropriate time frame, not to | ||||||
6 | exceed 48 hours; | ||||||
7 | (2) providing patient counseling designed to enhance a | ||||||
8 | patient's understanding and the appropriate use of his or | ||||||
9 | her medications; and | ||||||
10 | (3) providing information, support services, and | ||||||
11 | resources designed to enhance a patient's adherence with | ||||||
12 | his or her prescribed therapeutic regimens. | ||||||
13 | "Medication therapy management services" may also include | ||||||
14 | patient care functions authorized by a physician licensed to | ||||||
15 | practice medicine in all its branches for his or her | ||||||
16 | identified patient or groups of patients under specified | ||||||
17 | conditions or limitations in a standing order from the | ||||||
18 | physician. | ||||||
19 | "Medication therapy management services" in a licensed | ||||||
20 | hospital may also include the following: | ||||||
21 | (1) reviewing assessments of the patient's health | ||||||
22 | status; and | ||||||
23 | (2) following protocols of a hospital pharmacy and | ||||||
24 | therapeutics committee with respect to the fulfillment of | ||||||
25 | medication orders.
| ||||||
26 | (bb) "Pharmacist care" means the provision by a pharmacist |
| |||||||
| |||||||
1 | of medication therapy management services, with or without the | ||||||
2 | dispensing of drugs or devices, intended to achieve outcomes | ||||||
3 | that improve patient health, quality of life, and comfort and | ||||||
4 | enhance patient safety.
| ||||||
5 | (cc) "Protected health information" means individually | ||||||
6 | identifiable health information that, except as otherwise | ||||||
7 | provided, is:
| ||||||
8 | (1) transmitted by electronic media; | ||||||
9 | (2) maintained in any medium set forth in the | ||||||
10 | definition of "electronic media" in the federal Health | ||||||
11 | Insurance Portability and Accountability Act; or | ||||||
12 | (3) transmitted or maintained in any other form or | ||||||
13 | medium. | ||||||
14 | "Protected health information" does not include | ||||||
15 | individually identifiable health information found in: | ||||||
16 | (1) education records covered by the federal Family | ||||||
17 | Educational Right and Privacy Act; or | ||||||
18 | (2) employment records held by a licensee in its role | ||||||
19 | as an employer. | ||||||
20 | (dd) "Standing order" means a specific order for a patient | ||||||
21 | or group of patients issued by a physician licensed to | ||||||
22 | practice medicine in all its branches in Illinois. | ||||||
23 | (ee) "Address of record" means the designated address | ||||||
24 | recorded by the Department in the applicant's application file | ||||||
25 | or licensee's license file maintained by the Department's | ||||||
26 | licensure maintenance unit. |
| |||||||
| |||||||
1 | (ff) "Home pharmacy" means the location of a pharmacy's | ||||||
2 | primary operations.
| ||||||
3 | (gg) "Email address of record" means the designated email | ||||||
4 | address recorded by the Department in the applicant's | ||||||
5 | application file or the licensee's license file, as maintained | ||||||
6 | by the Department's licensure maintenance unit. | ||||||
7 | (Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21; | ||||||
8 | 102-103, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. | ||||||
9 | 5-13-22; 102-1051, eff. 1-1-23 .)
| ||||||
10 | (225 ILCS 85/9.6 new) | ||||||
11 | Sec. 9.6. Administration of vaccines and therapeutics by | ||||||
12 | registered pharmacy technicians and student pharmacists. | ||||||
13 | (a) A registered pharmacy technician or student | ||||||
14 | pharmacist's may administer COVID-19 and influenza vaccines | ||||||
15 | subcutaneously, intramuscularly, or orally as authorized, | ||||||
16 | approved, or licensed by the U.S. Food and Drug | ||||||
17 | Administration, under the supervision of an appropriately | ||||||
18 | trained pharmacist subject to the following conditions: | ||||||
19 | (1) the vaccination must be ordered by the supervising | ||||||
20 | pharmacist; | ||||||
21 | (2) the supervising pharmacist must be readily and | ||||||
22 | immediately available to the immunizing pharmacy | ||||||
23 | technician or student pharmacist; | ||||||
24 | (3) the pharmacy technician or student pharmacist must | ||||||
25 | complete a practical training program that is approved by |
| |||||||
| |||||||
1 | the Accreditation Council for Pharmacy Education; this | ||||||
2 | training program must include hands-on injection technique | ||||||
3 | and the recognition and treatment of emergency reactions | ||||||
4 | to vaccines; | ||||||
5 | (4) the pharmacy technician or student pharmacist must | ||||||
6 | have a current certificate in basic cardiopulmonary | ||||||
7 | resuscitation; | ||||||
8 | (5) the pharmacy technician or student pharmacist must | ||||||
9 | complete a minimum of 2 hours of Accreditation Council for | ||||||
10 | Pharmacy Education-approved, immunization-related | ||||||
11 | continuing pharmacy education during the relevant | ||||||
12 | licensing period; | ||||||
13 | (6) the supervising pharmacist must comply with all | ||||||
14 | relevant recordkeeping and reporting requirements; | ||||||
15 | (7) the supervising pharmacist is responsible for | ||||||
16 | complying with requirements related to reporting adverse | ||||||
17 | events; | ||||||
18 | (8) the supervising pharmacist must review the vaccine | ||||||
19 | registry or other vaccination records prior to ordering | ||||||
20 | the vaccination to be administered by the pharmacy | ||||||
21 | technician or student pharmacist; | ||||||
22 | (9) the pharmacy technician or student pharmacist | ||||||
23 | must, if the patient is 18 years of age or younger, inform | ||||||
24 | the patient and the adult caregiver accompanying the | ||||||
25 | patient of the importance of a well-child visit with a | ||||||
26 | pediatrician or other licensed primary-care provider and |
| |||||||
| |||||||
1 | refer patients as appropriate; | ||||||
2 | (10) in the case of a COVID-19 vaccine, the | ||||||
3 | vaccination must be ordered and administered according to | ||||||
4 | the Advisory Committee on Immunization Practices' COVID-19 | ||||||
5 | vaccine recommendations; | ||||||
6 | (11) in the case of a COVID-19 vaccine, the | ||||||
7 | supervising pharmacist must comply with any applicable | ||||||
8 | requirements or conditions of use as set forth in the | ||||||
9 | Centers for Disease Control and Prevention COVID-19 | ||||||
10 | vaccination provider agreement and any other federal | ||||||
11 | requirements that apply to the administration of COVID-19 | ||||||
12 | vaccines being administered; and | ||||||
13 | (12) the registered pharmacy technician or student | ||||||
14 | pharmacist and the supervising pharmacist comply with all | ||||||
15 | other requirements of this Act and the rules adopted | ||||||
16 | thereunder pertaining to the administration of drugs. | ||||||
17 | (b) A registered pharmacy technician or student | ||||||
18 | pharmacist's may administer COVID-19 therapeutics | ||||||
19 | subcutaneously, intramuscularly, or orally as authorized, | ||||||
20 | approved, or licensed by the U.S. Food and Drug | ||||||
21 | Administration, under the supervision of an appropriately | ||||||
22 | trained pharmacist subject to the following conditions: | ||||||
23 | (1) the COVID-19 therapeutic must be authorized, | ||||||
24 | approved or licensed by the U.S. Food and Drug | ||||||
25 | Administration; | ||||||
26 | (2) the COVID-19 therapeutic must be administered |
| |||||||
| |||||||
1 | subcutaneously, intramuscularly, or orally in accordance | ||||||
2 | with the U.S. Food and Drug Administration approval, | ||||||
3 | authorization, or licensing; | ||||||
4 | (3) a pharmacy technician or student pharmacist | ||||||
5 | practicing pursuant to this Section must complete a | ||||||
6 | practical training program that is approved by the | ||||||
7 | Accreditation Council for Pharmacy Education; this | ||||||
8 | training program must include hands-on injection | ||||||
9 | technique, clinical evaluation of indications and | ||||||
10 | contraindications of COVID-19 therapeutics, the | ||||||
11 | recognition and treatment of emergency reactions to | ||||||
12 | COVID-19 therapeutics, and any additional training | ||||||
13 | required in the U.S. Food and Drug Administration | ||||||
14 | approval, authorization, or licensing. | ||||||
15 | (4) the pharmacy technician or student pharmacist must | ||||||
16 | have a current certificate in basic cardiopulmonary | ||||||
17 | resuscitation; | ||||||
18 | (5) the pharmacy technician or student pharmacist must | ||||||
19 | comply with any applicable requirements or conditions of | ||||||
20 | use that apply to the administration of COVID-19 | ||||||
21 | therapeutics; | ||||||
22 | (6) the supervising pharmacist must comply with all | ||||||
23 | relevant recordkeeping and reporting requirements; | ||||||
24 | (7) the supervising pharmacist must be readily and | ||||||
25 | immediately available to the pharmacy technician or | ||||||
26 | student pharmacist; and |
| |||||||
| |||||||
1 | (8) the registered pharmacy technician or student | ||||||
2 | pharmacist and the supervising pharmacist comply with all | ||||||
3 | other requirements of this Act and the rules adopted | ||||||
4 | thereunder pertaining to the administration of drugs.
| ||||||
5 | Section 50. The Illinois Speech-Language Pathology and
| ||||||
6 | Audiology Practice Act is amended by changing Section 8.8 as | ||||||
7 | follows:
| ||||||
8 | (225 ILCS 110/8.8)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
10 | Sec. 8.8. Supervision of speech-language pathology | ||||||
11 | assistants.
| ||||||
12 | (a) A speech-language pathology assistant shall practice | ||||||
13 | only under the
supervision of a speech-language pathologist | ||||||
14 | who has at least 2 years
experience in addition to the | ||||||
15 | supervised professional experience required under
subsection | ||||||
16 | (f) of Section 8 of this Act. A speech-language pathologist | ||||||
17 | who
supervises a speech-language pathology assistant (i) must | ||||||
18 | have completed at least 6
clock hours of training in | ||||||
19 | supervision related to speech-language pathology, and (ii) | ||||||
20 | must complete at least 2 clock hours of continuing education | ||||||
21 | in supervision related to speech-language pathology in each | ||||||
22 | new licensing cycle after completion of the initial training | ||||||
23 | required under item (i). The Department shall promulgate rules | ||||||
24 | describing the supervision
training requirements. The rules |
| |||||||
| |||||||
1 | may allow a speech-language pathologist to
apply to the Board | ||||||
2 | for an exemption from this training requirement based upon
| ||||||
3 | prior supervisory experience.
| ||||||
4 | (b) A speech-language pathology assistant must be under | ||||||
5 | the direct
supervision of a speech-language pathologist at | ||||||
6 | least 30% of the
speech-language pathology assistant's actual | ||||||
7 | patient or client contact time per
patient or client during | ||||||
8 | the first 90 days of initial employment as a
speech-language | ||||||
9 | pathology assistant. Thereafter, a speech-language pathology
| ||||||
10 | assistant must be under the direct supervision of a | ||||||
11 | speech-language
pathologist at least 20% of the | ||||||
12 | speech-language pathology assistant's actual
patient or client | ||||||
13 | contact time per patient or client. Supervision of a
| ||||||
14 | speech-language pathology assistant beyond the minimum | ||||||
15 | requirements of this
subsection may be imposed at the | ||||||
16 | discretion of the supervising
speech-language pathologist. A | ||||||
17 | supervising speech-language pathologist must
be available to | ||||||
18 | communicate with a speech-language pathology assistant
| ||||||
19 | whenever the assistant is in contact with a patient or client.
| ||||||
20 | (c) A speech-language pathologist that supervises a | ||||||
21 | speech-language
pathology assistant must document direct | ||||||
22 | supervision activities. At a
minimum, supervision | ||||||
23 | documentation must provide (i) information regarding the
| ||||||
24 | quality of the speech-language pathology assistant's | ||||||
25 | performance of
assigned duties, and (ii) verification that | ||||||
26 | clinical activity is limited to
duties specified in Section |
| |||||||
| |||||||
1 | 8.7.
| ||||||
2 | (d) A full-time speech-language pathologist may supervise | ||||||
3 | no more than 2
speech-language pathology assistants. A | ||||||
4 | speech-language pathologist
that does not work full-time may | ||||||
5 | supervise no more than one speech-language
pathology | ||||||
6 | assistant.
| ||||||
7 | (e) For purposes of this Section, "direct supervision" | ||||||
8 | means on-site,
in-view
observation and guidance by a | ||||||
9 | speech-language pathologist while an
assigned activity is | ||||||
10 | performed by the speech-language pathology assistant or | ||||||
11 | supervision by a speech-language pathologist by way of video | ||||||
12 | conferencing technology .
| ||||||
13 | (Source: P.A. 100-530, eff. 1-1-18 .)
| ||||||
14 | Section 55. The Radiation Protection Act of 1990 is | ||||||
15 | amended by changing Section 7a as follows:
| ||||||
16 | (420 ILCS 40/7a) (from Ch. 111 1/2, par. 210-7a)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
18 | Sec. 7a. Certification of industrial radiographers.
| ||||||
19 | (a) Beginning January 1, 1993, no person may perform | ||||||
20 | industrial
radiography unless he or she is certified by the | ||||||
21 | Department of Nuclear Safety
or its successor, the Illinois | ||||||
22 | Emergency Management Agency, to perform
industrial | ||||||
23 | radiography. The Agency shall promulgate
regulations
| ||||||
24 | establishing standards and procedures for certification of |
| |||||||
| |||||||
1 | industrial
radiographers. The regulations may include, without | ||||||
2 | limitation, provisions
specifying a minimum course of study | ||||||
3 | and requiring that individuals seeking
certification pass an | ||||||
4 | examination administered or approved by the
Agency. Industrial | ||||||
5 | radiography certification shall be valid
for 5
years, except | ||||||
6 | that certifications for industrial radiography trainees
shall | ||||||
7 | be valid for 2 years or those certifications extended pursuant | ||||||
8 | to subsection (e) of this Section . The Agency shall establish | ||||||
9 | by
regulation
standards and procedures for renewal of | ||||||
10 | certification. The regulations shall
provide that | ||||||
11 | certification for industrial radiography trainees shall be
| ||||||
12 | nonrenewable.
| ||||||
13 | (b) The regulations of the Department of Nuclear Safety,
| ||||||
14 | as the predecessor agency of the Illinois Emergency Management | ||||||
15 | Agency,
shall provide for provisional
certification of persons | ||||||
16 | who performed industrial radiography before
January 1, 1993. | ||||||
17 | In order to obtain provisional certification, the industrial
| ||||||
18 | radiographer must apply to the Department no later than | ||||||
19 | January 1, 1993.
Provisional certification shall be valid for | ||||||
20 | 2 years, except for those certifications extended pursuant to | ||||||
21 | subsection (e) of this Section, provided that a
person who has | ||||||
22 | obtained a provisional certification must take an
examination | ||||||
23 | that is administered or approved by the Department within 12
| ||||||
24 | months of the date on which the provisional certification was | ||||||
25 | issued. Upon
passing the examination, the Department shall | ||||||
26 | certify the individual as an
industrial radiographer. |
| |||||||
| |||||||
1 | Provisional certification shall be nonrenewable.
| ||||||
2 | (c) The Agency may, by regulation, assess certification
| ||||||
3 | fees and
fees to recover the cost of examining applicants for | ||||||
4 | certification.
| ||||||
5 | (d) The Agency may suspend or revoke the certification of
| ||||||
6 | an
industrial radiographer, or take other action as provided | ||||||
7 | in Sections 36
and 38 of this Act, if a certified industrial | ||||||
8 | radiographer violates this
Act or any rule or regulation | ||||||
9 | promulgated under this Act, or otherwise
endangers the safety | ||||||
10 | of himself, his co-workers, or members of the general
public. | ||||||
11 | It shall be a violation of this Act for any person to allow an
| ||||||
12 | individual who is not a certified industrial radiographer to | ||||||
13 | perform
industrial radiography.
| ||||||
14 | (e) The Agency may extend the term of existing | ||||||
15 | certifications for industrial radiographers and industrial | ||||||
16 | radiographer trainees in 90-day increments, not to exceed a | ||||||
17 | maximum period of 6 months beyond the initial term, to allow | ||||||
18 | individuals time to meet the examination criteria. Industrial | ||||||
19 | radiographers and industrial radiographer trainees shall meet | ||||||
20 | all other requirements as set forth by the Agency. | ||||||
21 | (Source: P.A. 94-104, eff. 7-1-05 .)
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
|