Bill Text: IL HB0559 | 2023-2024 | 103rd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides that the amendatory Act may be referred to as the Health Care Workforce Reinforcement Act. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that any person who was issued a temporary out-of-state permit or temporary reinstatement permit by the Department of Financial and Professional Regulation in response to the COVID-19 pandemic may continue to practice under his or her temporary out-of-state permit if he or she submits an application for licensure by endorsement to the Department on or before May 11, 2023. Provides for license application requirements for holders of temporary out-of-state permits or temporary reinstatement permits in specified professions. Amends the Assisted Living and Shared Housing Act, the Nursing Home Care Act, the MC/DD Act, the ID/DD Community Care Act, and the Specialized Mental Health Rehabilitation Act of 2013. Provides that, during a statewide public health emergency, the Department of Public Health and the Department of Human Services may take specified actions pertaining to inspections within an appropriate time frame to the extent feasible. Provides that probationary and provisional licenses may be extended for an additional 120 if requested and approved by the Department. Amends the Medical Practice Act of 1987. Provides that during a public health emergency, any provision of the Act that would prevent a physician licensed to practice medicine in all of its branches under the Act from delegating any and all authority prescribed to the physician by law to international medical graduate physicians who are working in response to the public health emergency declared by the Governor are suspended. Defines "international medical graduate physician". Amends the Radiation Protection Act of 1990. Provides that during a public health emergency, provisions that limit the validity of industrial radiography certifications to 5 years and industrial radiography trainee certifications to 2 years shall be suspended. Amends the Pharmacy Practice Act. Provides that the "practice of pharmacy" includes vaccination of patients 7 years of age and older for COVID-19 or influenza subcutaneously, intramuscularly, or orally; administration of COVID-19 therapeutics subcutaneously, intramuscularly, or orally; and ordering and administration of tests and screenings for (i) influenza, SARS-COV 2, and other emerging and existing public health threats. Provides that a registered pharmacy technician or student pharmacist may administer COVID-19 therapeutics and COVID-19 and influenza vaccinations subject to certain conditions. Amends the Illinois Public Aid Code and the Illinois Insurance Code to provide coverage for in-pharmacy COVID and influenza testing, screening, vaccination, and treatments. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-04-27 - Added as Alternate Co-Sponsor Sen. Doris Turner [HB0559 Detail]
Download: Illinois-2023-HB0559-Enrolled.html
Bill Title: Provides that the amendatory Act may be referred to as the Health Care Workforce Reinforcement Act. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that any person who was issued a temporary out-of-state permit or temporary reinstatement permit by the Department of Financial and Professional Regulation in response to the COVID-19 pandemic may continue to practice under his or her temporary out-of-state permit if he or she submits an application for licensure by endorsement to the Department on or before May 11, 2023. Provides for license application requirements for holders of temporary out-of-state permits or temporary reinstatement permits in specified professions. Amends the Assisted Living and Shared Housing Act, the Nursing Home Care Act, the MC/DD Act, the ID/DD Community Care Act, and the Specialized Mental Health Rehabilitation Act of 2013. Provides that, during a statewide public health emergency, the Department of Public Health and the Department of Human Services may take specified actions pertaining to inspections within an appropriate time frame to the extent feasible. Provides that probationary and provisional licenses may be extended for an additional 120 if requested and approved by the Department. Amends the Medical Practice Act of 1987. Provides that during a public health emergency, any provision of the Act that would prevent a physician licensed to practice medicine in all of its branches under the Act from delegating any and all authority prescribed to the physician by law to international medical graduate physicians who are working in response to the public health emergency declared by the Governor are suspended. Defines "international medical graduate physician". Amends the Radiation Protection Act of 1990. Provides that during a public health emergency, provisions that limit the validity of industrial radiography certifications to 5 years and industrial radiography trainee certifications to 2 years shall be suspended. Amends the Pharmacy Practice Act. Provides that the "practice of pharmacy" includes vaccination of patients 7 years of age and older for COVID-19 or influenza subcutaneously, intramuscularly, or orally; administration of COVID-19 therapeutics subcutaneously, intramuscularly, or orally; and ordering and administration of tests and screenings for (i) influenza, SARS-COV 2, and other emerging and existing public health threats. Provides that a registered pharmacy technician or student pharmacist may administer COVID-19 therapeutics and COVID-19 and influenza vaccinations subject to certain conditions. Amends the Illinois Public Aid Code and the Illinois Insurance Code to provide coverage for in-pharmacy COVID and influenza testing, screening, vaccination, and treatments. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-04-27 - Added as Alternate Co-Sponsor Sen. Doris Turner [HB0559 Detail]
Download: Illinois-2023-HB0559-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 1. This Act may be referred to as the Health Care | ||||||
5 | Workforce Reinforcement Act.
| ||||||
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 | ||||||
16 | the Department of Public Health:
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17 | (1) The power to suspend the requirements for | ||||||
18 | permanent or temporary licensure of persons who are | ||||||
19 | licensed in another state and are working under the | ||||||
20 | direction of the Illinois Emergency Management Agency and | ||||||
21 | the Department of Public Health pursuant to a declared | ||||||
22 | disaster. |
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1 | (2) The power to modify the scope of practice | ||||||
2 | restrictions under any licensing act administered by the | ||||||
3 | Department for any person working under the direction of | ||||||
4 | the Illinois Emergency Management Agency and the Illinois | ||||||
5 | Department of Public Health pursuant to the declared | ||||||
6 | disaster. | ||||||
7 | (3) The power to expand the exemption in Section 4(a) | ||||||
8 | of the Pharmacy Practice Act to those licensed | ||||||
9 | professionals whose scope of practice has been modified, | ||||||
10 | under paragraph (2) of subsection (a) of this Section, to | ||||||
11 | include any element of the practice of pharmacy as defined | ||||||
12 | in the Pharmacy Practice Act for any person working under | ||||||
13 | the direction of the Illinois Emergency Management Agency | ||||||
14 | and the Illinois Department of Public Health pursuant to | ||||||
15 | the declared disaster. | ||||||
16 | (b) Persons exempt from licensure under paragraph (1) of | ||||||
17 | subsection (a) of this Section and persons operating under | ||||||
18 | modified scope of practice provisions under paragraph (2) of | ||||||
19 | subsection (a) of this Section shall be exempt from licensure | ||||||
20 | or be subject to modified scope of practice only until the | ||||||
21 | declared disaster has ended as provided by law. For purposes | ||||||
22 | of this Section, persons working under the direction of an | ||||||
23 | emergency services and disaster agency accredited by the | ||||||
24 | Illinois Emergency Management Agency and a local public health | ||||||
25 | department, pursuant to a declared disaster, shall be deemed | ||||||
26 | to be working under the direction of the Illinois Emergency |
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| |||||||
1 | Management Agency and the Department of Public Health.
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2 | (c) The Secretary or the Director, as his or her designee, | ||||||
3 | shall exercise these powers by way of proclamation.
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4 | (d) Any person who was issued a temporary out-of-state | ||||||
5 | permit by the Department pursuant to a proclamation issued by | ||||||
6 | the Secretary or related action by the Director in response to | ||||||
7 | the COVID-19 pandemic may continue to practice under his or | ||||||
8 | her temporary out-of-state permit if he or she submits an | ||||||
9 | application for licensure by endorsement to the Department on | ||||||
10 | or before May 11, 2023. Any such person may continue to | ||||||
11 | practice under his or her temporary out-of-state permit until | ||||||
12 | the Department issues the license or denies the application, | ||||||
13 | at which time the temporary out-of-state permit shall expire. | ||||||
14 | If the Department does not issue the license or does
not deny | ||||||
15 | the application by May 11, 2024, the temporary out-of-state | ||||||
16 | permit shall expire. If the person holding a temporary | ||||||
17 | out-of-state permit does not submit an application for | ||||||
18 | licensure by endorsement to the Department on or before May | ||||||
19 | 11, 2023, the temporary out-of-state COVID permit shall expire | ||||||
20 | on that date. The Secretary may extend the May 11, 2023 | ||||||
21 | deadline under this subsection for an additional 60 days. This | ||||||
22 | subsection applies to the following licensed professions: | ||||||
23 | physician; registered nurse; practical nurse; advanced | ||||||
24 | practice registered nurse; full practice advanced practice | ||||||
25 | registered nurse; pharmacist; occupational therapist; | ||||||
26 | occupational therapy assistant; physical therapist; physical |
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1 | therapist assistant; clinical psychologist; physician | ||||||
2 | assistant; clinical social worker; social worker; dietitian | ||||||
3 | nutritionist; professional counselor; clinical professional | ||||||
4 | counselor; and respiratory care practitioner. | ||||||
5 | (e) Any person who was issued a temporary reinstatement | ||||||
6 | permit by the Department pursuant to a proclamation issued by | ||||||
7 | the Secretary or related action by the Director in response to | ||||||
8 | the COVID-19 pandemic may continue to practice under his or | ||||||
9 | her temporary reinstatement permit if he or she submits an | ||||||
10 | application for restoration or reinstatement of his or her | ||||||
11 | license to the Department on or before May 11, 2023. Any such | ||||||
12 | person may continue to practice under his or her temporary | ||||||
13 | reinstatement permit until the Department restores or | ||||||
14 | reinstates the license or denies the application, at which | ||||||
15 | time the temporary reinstatement permit shall expire. If the | ||||||
16 | Department does not restore or reinstate the license or does | ||||||
17 | not deny the application by May 11, 2024, the temporary | ||||||
18 | reinstatement permit shall expire. If the person holding a | ||||||
19 | temporary reinstatement permit does not submit an application | ||||||
20 | for restoration or reinstatement to the Department on or | ||||||
21 | before May 11, 2023, the temporary reinstatement permit shall | ||||||
22 | expire on that date. The Secretary may extend the May 11, 2023 | ||||||
23 | deadline under this subsection for an additional 60 days. This | ||||||
24 | subsection applies to the following licensed professions: | ||||||
25 | physician; registered nurse; practical nurse; advanced | ||||||
26 | practice registered nurse; full practice advanced practice |
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1 | registered nurse; pharmacist; occupational therapist; | ||||||
2 | occupational therapy assistant; physical therapist; physical | ||||||
3 | therapist assistant; clinical psychologist; physician | ||||||
4 | assistant; clinical social worker; social worker; dietitian | ||||||
5 | nutritionist; professional counselor; clinical professional | ||||||
6 | counselor; and respiratory care practitioner. | ||||||
7 | (Source: P.A. 99-227, eff. 8-3-15.)
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8 | Section 10. The Assisted Living and Shared Housing Act is | ||||||
9 | amended by changing Sections 40 and 110 as follows:
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10 | (210 ILCS 9/40)
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11 | Sec. 40. Probationary licenses. If the applicant has not | ||||||
12 | been
previously licensed under this
Act or if the | ||||||
13 | establishment is not in operation at the time the application | ||||||
14 | is
made and if the Department determines that the applicant | ||||||
15 | meets the licensure requirements of this Act, the Department
| ||||||
16 | shall
issue a probationary license. A probationary license | ||||||
17 | shall be valid for
120 days unless
sooner suspended or | ||||||
18 | revoked. Within 30 days prior to the termination of a
| ||||||
19 | probationary license,
the Department shall fully and | ||||||
20 | completely review the establishment and, if the
establishment
| ||||||
21 | meets the applicable requirements for licensure, shall issue a | ||||||
22 | license , except that, during a statewide public health | ||||||
23 | emergency, as defined in the Illinois Emergency Management | ||||||
24 | Agency Act, the Department shall fully and completely review |
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1 | the establishment to the extent feasible . If the
Department | ||||||
2 | finds
that the establishment does not meet the requirements | ||||||
3 | for licensure , but has
made substantial
progress toward | ||||||
4 | meeting those requirements, the license may be renewed once | ||||||
5 | for
a period not to
exceed 120 days from the expiration date of | ||||||
6 | the initial probationary license.
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7 | (Source: P.A. 93-1003, eff. 8-23-04.)
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8 | (210 ILCS 9/110) | ||||||
9 | Sec. 110. Powers and duties of the Department. | ||||||
10 | (a) The Department shall conduct an annual unannounced | ||||||
11 | on-site visit at
each
assisted living and shared
housing | ||||||
12 | establishment to determine compliance with applicable | ||||||
13 | licensure
requirements and
standards , except that, during a | ||||||
14 | statewide public health emergency, as defined in the Illinois | ||||||
15 | Emergency Management Agency Act, the Department shall conduct | ||||||
16 | on-site reviews and annual unannounced on-site visits to the | ||||||
17 | extent feasible . Additional visits may be conducted without | ||||||
18 | prior notice to the
assisted living
or shared housing
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19 | establishment. | ||||||
20 | (b) Upon receipt of information that may indicate the | ||||||
21 | failure of the
assisted living or shared housing
establishment | ||||||
22 | or a service provider to comply with a provision of this Act,
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23 | the Department shall
investigate the matter or make | ||||||
24 | appropriate referrals to other government
agencies and | ||||||
25 | entities having
jurisdiction over the subject matter of the |
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1 | possible violation. The Department
may also make
referrals to | ||||||
2 | any public or private agency that the Department considers
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3 | available for appropriate
assistance to those involved. The | ||||||
4 | Department may oversee and coordinate the
enforcement of State
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5 | consumer protection policies affecting residents residing in | ||||||
6 | an establishment
licensed under this Act. | ||||||
7 | (c) The Department shall establish by rule complaint | ||||||
8 | receipt,
investigation,
resolution, and involuntary
residency | ||||||
9 | termination procedures. Resolution procedures shall provide | ||||||
10 | for
on-site review and
evaluation of an assisted living or | ||||||
11 | shared housing establishment found to be
in violation of this | ||||||
12 | Act
within a specified period of time based on the gravity and | ||||||
13 | severity of the
violation and any pervasive
pattern of | ||||||
14 | occurrences of the same or similar violations. | ||||||
15 | (d) (Blank). | ||||||
16 | (e) The Department shall by rule establish penalties and | ||||||
17 | sanctions, which
shall include, but need not be limited to,
| ||||||
18 | the creation of a schedule of graduated penalties and | ||||||
19 | sanctions to include
closure. | ||||||
20 | (f) The Department shall by rule establish procedures for | ||||||
21 | disclosure of
information to the public, which
shall include, | ||||||
22 | but not be limited to, ownership, licensure status, frequency | ||||||
23 | of
complaints, disposition of
substantiated complaints, and | ||||||
24 | disciplinary actions. | ||||||
25 | (g) (Blank). | ||||||
26 | (h) Beginning January 1, 2000, the Department shall begin |
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1 | drafting rules
necessary for the administration
of this Act. | ||||||
2 | (Source: P.A. 96-975, eff. 7-2-10.)
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3 | Section 15. The Nursing Home Care Act is amended by | ||||||
4 | changing Sections 3-102.2, 3-116, 3-202.5, 3-202.6, 3-206, and | ||||||
5 | 3-702 as follows:
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6 | (210 ILCS 45/3-102.2)
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7 | Sec. 3-102.2. Supported congregate living arrangement | ||||||
8 | demonstration. The
Illinois Department may grant no more than | ||||||
9 | 3 waivers from the requirements of
this Act for facilities | ||||||
10 | participating in the supported
congregate living arrangement | ||||||
11 | demonstration. A joint waiver request must be
made by an | ||||||
12 | applicant and the Department on Aging. If the Department on | ||||||
13 | Aging
does not act upon an application within 60 days, the | ||||||
14 | applicant may submit a
written waiver request on its own | ||||||
15 | behalf. The waiver request must include a
specific program | ||||||
16 | plan describing the types of residents to be served and the
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17 | services that will be provided in the facility. The Department | ||||||
18 | shall conduct
an on-site review at each facility annually or | ||||||
19 | as often as necessary to
ascertain compliance with the program | ||||||
20 | plan , except that, during a statewide public health emergency, | ||||||
21 | as defined in the Illinois Emergency Management Agency Act, | ||||||
22 | the Department shall conduct on-site reviews and annual | ||||||
23 | unannounced on-site visits to the extent feasible . The | ||||||
24 | Department may revoke the
waiver if it determines that the |
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1 | facility is not in compliance with the program
plan. Nothing | ||||||
2 | in this Section prohibits the Department from conducting
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3 | complaint investigations.
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4 | A facility granted a waiver under this Section is not | ||||||
5 | subject to the
Illinois
Health Facilities Planning Act, unless | ||||||
6 | it subsequently
applies for a
certificate
of need to convert | ||||||
7 | to a nursing facility. A facility applying for conversion
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8 | shall meet the licensure and
certificate of need requirements | ||||||
9 | in effect as of the date of application, and
this provision may | ||||||
10 | not be waived.
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11 | (Source: P.A. 89-530, eff. 7-19-96.)
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12 | (210 ILCS 45/3-116) (from Ch. 111 1/2, par. 4153-116)
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13 | Sec. 3-116.
If the applicant has not been previously | ||||||
14 | licensed or if the
facility is not in operation at the time | ||||||
15 | application is made, the Department
shall issue only a | ||||||
16 | probationary license. A probationary license shall be
valid | ||||||
17 | for 120 days unless sooner suspended or revoked under Section | ||||||
18 | 3-119.
Within 30 days prior to the termination of a | ||||||
19 | probationary license, the Department
shall fully and | ||||||
20 | completely inspect the facility and, if the facility meets
the | ||||||
21 | applicable requirements for licensure, shall issue a license | ||||||
22 | under Section
3-109 , except that, during a statewide public | ||||||
23 | health emergency, as defined in the Illinois Emergency | ||||||
24 | Management Agency Act, the Department shall fully and | ||||||
25 | completely inspect the establishment within appropriate time |
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1 | frames to the extent feasible . If the Department finds that | ||||||
2 | the facility does not meet the requirements
for licensure but | ||||||
3 | has made substantial progress toward meeting those | ||||||
4 | requirements,
the license may be renewed once for a period not | ||||||
5 | to exceed 120 days from
the expiration date of the initial | ||||||
6 | probationary license.
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7 | (Source: P.A. 81-223.)
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8 | (210 ILCS 45/3-202.5)
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9 | Sec. 3-202.5. Facility plan review; fees.
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10 | (a) Before commencing construction of a new facility or | ||||||
11 | specified types of
alteration or additions to an existing long | ||||||
12 | term care facility involving
major construction, as defined by | ||||||
13 | rule by the Department, with an
estimated cost greater than | ||||||
14 | $100,000, architectural
drawings and specifications for the | ||||||
15 | facility shall be submitted to the
Department for review and | ||||||
16 | approval.
A facility may submit architectural drawings and | ||||||
17 | specifications for other
construction projects for Department | ||||||
18 | review according to subsection (b) that
shall not be subject | ||||||
19 | to fees under subsection (d).
Review of drawings and | ||||||
20 | specifications shall be conducted by an employee of the
| ||||||
21 | Department meeting the qualifications established by the | ||||||
22 | Department of Central
Management Services class specifications | ||||||
23 | for such an individual's position or
by a person contracting | ||||||
24 | with the Department who meets those class
specifications. | ||||||
25 | Final approval of the drawings and specifications for
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1 | compliance with design and construction standards shall be | ||||||
2 | obtained from the
Department before the alteration, addition, | ||||||
3 | or new construction is begun.
| ||||||
4 | (b) The Department shall inform an applicant in writing | ||||||
5 | within 10 working
days after receiving drawings and | ||||||
6 | specifications and the required fee, if any,
from the | ||||||
7 | applicant whether the applicant's submission is complete or
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8 | incomplete. Failure to provide the applicant with this notice | ||||||
9 | within 10
working days shall result in the submission being | ||||||
10 | deemed complete for purposes
of initiating the 60-day review | ||||||
11 | period under this Section. If the submission
is incomplete, | ||||||
12 | the Department shall inform the applicant of the deficiencies
| ||||||
13 | with the submission in writing. If the submission is complete | ||||||
14 | the required
fee, if any, has been paid,
the Department shall | ||||||
15 | approve or disapprove drawings and specifications
submitted to | ||||||
16 | the Department no later than 60 days following receipt by the
| ||||||
17 | Department. The drawings and specifications shall be of | ||||||
18 | sufficient detail, as
provided by Department rule, to
enable | ||||||
19 | the Department to
render a determination of compliance with | ||||||
20 | design and construction standards
under this Act.
If the | ||||||
21 | Department finds that the drawings are not of sufficient | ||||||
22 | detail for it
to render a determination of compliance, the | ||||||
23 | plans shall be determined to be
incomplete and shall not be | ||||||
24 | considered for purposes of initiating the 60-day 60 day
review | ||||||
25 | period.
If a submission of drawings and specifications is | ||||||
26 | incomplete, the applicant
may submit additional information. |
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1 | The 60-day review period shall not commence
until the | ||||||
2 | Department determines that a submission of drawings and
| ||||||
3 | specifications is complete or the submission is deemed | ||||||
4 | complete.
If the Department has not approved or disapproved | ||||||
5 | the
drawings and specifications within 60 days, the | ||||||
6 | construction, major alteration,
or addition shall be deemed | ||||||
7 | approved. If the drawings and specifications are
disapproved, | ||||||
8 | the Department shall state in writing, with specificity, the
| ||||||
9 | reasons for the disapproval. The entity submitting the | ||||||
10 | drawings and
specifications may submit additional information | ||||||
11 | in response to the written
comments from the Department or | ||||||
12 | request a reconsideration of the disapproval.
A final decision | ||||||
13 | of approval or disapproval shall be made within 45 days of the
| ||||||
14 | receipt of the additional information or reconsideration | ||||||
15 | request. If denied,
the Department shall state the specific | ||||||
16 | reasons for the denial.
| ||||||
17 | (c) The Department shall provide written approval for | ||||||
18 | occupancy pursuant
to subsection (g) and shall not issue a | ||||||
19 | violation to a facility as a result
of
a licensure or complaint | ||||||
20 | survey based upon the facility's physical structure
if:
| ||||||
21 | (1) the Department reviewed and approved or deemed | ||||||
22 | approved the drawings
and specifications
for compliance | ||||||
23 | with design and construction standards;
| ||||||
24 | (2) the construction, major alteration, or addition | ||||||
25 | was built as
submitted;
| ||||||
26 | (3) the law or rules have not been amended since the |
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1 | original approval;
and
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2 | (4) the conditions at the facility indicate that there | ||||||
3 | is a reasonable
degree of safety provided for the | ||||||
4 | residents.
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5 | (d) The Department shall charge the following fees in | ||||||
6 | connection with its
reviews conducted before June 30, 2004 | ||||||
7 | under this Section:
| ||||||
8 | (1) (Blank).
| ||||||
9 | (2) (Blank).
| ||||||
10 | (3) If the estimated dollar value of the alteration, | ||||||
11 | addition, or new
construction is $100,000 or more but less | ||||||
12 | than $500,000, the fee shall be the
greater of $2,400 or | ||||||
13 | 1.2% of that value.
| ||||||
14 | (4) If the estimated dollar value of the alteration, | ||||||
15 | addition, or new
construction is $500,000 or more but less | ||||||
16 | than $1,000,000, the fee shall be the
greater of $6,000 or | ||||||
17 | 0.96% of that value.
| ||||||
18 | (5) If the estimated dollar value of the alteration, | ||||||
19 | addition, or new
construction is $1,000,000 or more but | ||||||
20 | less than $5,000,000, the fee shall be
the greater of | ||||||
21 | $9,600 or 0.22% of that value.
| ||||||
22 | (6) If the estimated dollar value of the alteration, | ||||||
23 | addition, or new
construction is $5,000,000 or more, the | ||||||
24 | fee shall be
the greater of $11,000 or 0.11% of that value, | ||||||
25 | but shall not exceed $40,000.
| ||||||
26 | The fees provided in this subsection (d) shall not apply |
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1 | to major
construction projects involving facility changes that | ||||||
2 | are required by
Department rule amendments.
| ||||||
3 | The fees provided in this subsection (d) shall also not | ||||||
4 | apply to major
construction projects if 51% or more of the | ||||||
5 | estimated cost of the project is
attributed to capital | ||||||
6 | equipment. For major construction projects where 51% or
more | ||||||
7 | of the estimated cost of the project is attributed to capital | ||||||
8 | equipment,
the Department shall by rule establish a fee that | ||||||
9 | is reasonably related to the
cost of reviewing the project.
| ||||||
10 | The Department shall not commence the facility plan review | ||||||
11 | process under this
Section until
the applicable fee has been | ||||||
12 | paid.
| ||||||
13 | (e) All fees received by the Department under this Section | ||||||
14 | shall be
deposited into the Health Facility Plan Review Fund, | ||||||
15 | a special fund created in
the State Treasury.
All fees paid by | ||||||
16 | long-term care facilities under subsection (d) shall be used
| ||||||
17 | only to cover the costs relating to the Department's review of | ||||||
18 | long-term care
facility projects under this Section.
Moneys | ||||||
19 | shall be appropriated from that Fund to the
Department only to | ||||||
20 | pay the costs of conducting reviews under this Section or | ||||||
21 | under Section 3-202.5 of the ID/DD Community Care Act or | ||||||
22 | Section 3-202.5 of the MC/DD Act.
None of the moneys in the | ||||||
23 | Health Facility Plan Review Fund shall be used to
reduce the | ||||||
24 | amount of General Revenue Fund moneys appropriated to the | ||||||
25 | Department
for facility plan reviews conducted pursuant to | ||||||
26 | this Section.
|
| |||||||
| |||||||
1 | (f)(1) The provisions of this amendatory Act of 1997 | ||||||
2 | concerning drawings
and specifications shall apply only to | ||||||
3 | drawings and specifications submitted to
the Department on or | ||||||
4 | after October 1, 1997.
| ||||||
5 | (2) On and after the effective date of this amendatory Act | ||||||
6 | of 1997 and
before October 1, 1997, an applicant may submit or | ||||||
7 | resubmit drawings and
specifications to the Department and pay | ||||||
8 | the fees provided in subsection (d).
If an applicant pays the | ||||||
9 | fees provided in subsection (d) under this paragraph
(2), the | ||||||
10 | provisions of subsection (b) shall apply with regard to those | ||||||
11 | drawings
and specifications.
| ||||||
12 | (g) The Department shall conduct an on-site inspection of | ||||||
13 | the completed
project no later than 30 days after notification | ||||||
14 | from the applicant that the
project has been completed and all | ||||||
15 | certifications required by the Department
have been received | ||||||
16 | and accepted by the Department , except that, during a | ||||||
17 | statewide public health emergency, as defined in the Illinois | ||||||
18 | Emergency Management Agency Act, the Department shall conduct | ||||||
19 | an 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 | ||||||
21 | that, during a statewide public health emergency, as defined | ||||||
22 | in the Illinois Emergency Management Agency Act, the | ||||||
23 | Department shall conduct an on-site inspection of the | ||||||
24 | completed project to the extent feasible . The Department may | ||||||
25 | extend this deadline if a federally mandated survey time frame | ||||||
26 | takes precedence. The Department shall provide written |
| |||||||
| |||||||
1 | approval for occupancy to the applicant within 7 working days | ||||||
2 | after the Department's final inspection, provided the | ||||||
3 | applicant has demonstrated substantial compliance as defined | ||||||
4 | by Department rule. Occupancy of new major construction is | ||||||
5 | prohibited until Department approval is received, unless the | ||||||
6 | Department has not acted within the time frames provided in | ||||||
7 | this subsection (e), in which case the construction shall be | ||||||
8 | deemed approved. Occupancy shall be authorized after any | ||||||
9 | required health inspection by the Department has been | ||||||
10 | conducted. | ||||||
11 | (f) The Department shall establish, by rule, an expedited
| ||||||
12 | process for emergency repairs or replacement of like | ||||||
13 | equipment. | ||||||
14 | (g) Nothing in this Section shall be construed to apply to
| ||||||
15 | maintenance, upkeep, or renovation that does not affect the | ||||||
16 | structural integrity or fire or life safety of the building, | ||||||
17 | does not add beds or services over the number for which the | ||||||
18 | long-term care facility is licensed, and provides a reasonable | ||||||
19 | degree of safety for the residents. | ||||||
20 | (h) If the number of licensed facilities increases or the | ||||||
21 | number of beds for the currently licensed facilities | ||||||
22 | increases, the Department has the right to reassess the | ||||||
23 | mandated time frames listed in this Section.
| ||||||
24 | (Source: P.A. 99-314, eff. 8-7-15.)
| ||||||
25 | (210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
|
| |||||||
| |||||||
1 | Sec. 3-206.
The Department shall prescribe a curriculum | ||||||
2 | for training
nursing assistants, habilitation aides, and child | ||||||
3 | care aides.
| ||||||
4 | (a) No person, except a volunteer who receives no | ||||||
5 | compensation from a
facility and is not included for the | ||||||
6 | purpose of meeting any staffing
requirements set forth by the | ||||||
7 | Department, shall act as a nursing assistant,
habilitation | ||||||
8 | aide, or child care aide in a facility, nor shall any person, | ||||||
9 | under any
other title, not licensed, certified, or registered | ||||||
10 | to render medical care
by the Department of Financial and | ||||||
11 | Professional Regulation, assist with the
personal, medical, or | ||||||
12 | nursing care of residents in a facility, unless such
person | ||||||
13 | meets the following requirements:
| ||||||
14 | (1) Be at least 16 years of age, of temperate habits | ||||||
15 | and good moral
character, honest, reliable and | ||||||
16 | trustworthy.
| ||||||
17 | (2) Be able to speak and understand the English | ||||||
18 | language or a language
understood by a substantial | ||||||
19 | percentage of the facility's residents.
| ||||||
20 | (3) Provide evidence of employment or occupation, if | ||||||
21 | any, and residence
for 2 years prior to his present | ||||||
22 | employment.
| ||||||
23 | (4) Have completed at least 8 years of grade school or | ||||||
24 | provide proof of
equivalent knowledge.
| ||||||
25 | (5) Begin a current course of training for nursing | ||||||
26 | assistants,
habilitation aides, or child care aides, |
| |||||||
| |||||||
1 | approved by the Department, within 45 days of initial
| ||||||
2 | employment in the capacity of a nursing assistant, | ||||||
3 | habilitation aide, or
child care aide
at any facility. | ||||||
4 | Such courses of training shall be successfully completed
| ||||||
5 | within 120 days of initial employment in the capacity of | ||||||
6 | nursing assistant,
habilitation aide, or child care aide | ||||||
7 | at a facility. Nursing assistants, habilitation
aides, and | ||||||
8 | child care aides who are enrolled in approved courses in | ||||||
9 | community
colleges or other educational institutions on a | ||||||
10 | term, semester , or trimester
basis, shall be exempt from | ||||||
11 | the 120-day completion time limit. During a statewide | ||||||
12 | public health emergency, as defined in the Illinois | ||||||
13 | Emergency Management Agency Act, all nursing assistants, | ||||||
14 | habilitation aides, and child care aides shall, to the | ||||||
15 | extent feasible, complete the training. The
Department | ||||||
16 | shall adopt rules for such courses of training.
These | ||||||
17 | rules shall include procedures for facilities to
carry on | ||||||
18 | an approved course of training within the facility. The | ||||||
19 | Department shall allow an individual to satisfy the | ||||||
20 | supervised clinical experience requirement for placement | ||||||
21 | on the Health Care Worker Registry under 77 Ill. Adm. Code | ||||||
22 | 300.663 through supervised clinical experience at an | ||||||
23 | assisted living establishment licensed under the Assisted | ||||||
24 | Living and Shared Housing Act. The Department shall adopt | ||||||
25 | rules requiring that the Health Care Worker Registry | ||||||
26 | include information identifying where an individual on the |
| |||||||
| |||||||
1 | Health Care Worker Registry received his or her clinical | ||||||
2 | training.
| ||||||
3 | The Department may accept comparable training in lieu | ||||||
4 | of the 120-hour
course for student nurses, foreign nurses, | ||||||
5 | military personnel, or employees of
the Department of | ||||||
6 | Human Services.
| ||||||
7 | The Department shall accept on-the-job experience in | ||||||
8 | lieu of clinical training from any individual who | ||||||
9 | participated in the temporary nursing assistant program | ||||||
10 | during the COVID-19 pandemic before the end date of the | ||||||
11 | temporary nursing assistant program and left the program | ||||||
12 | in good standing, and the Department shall notify all | ||||||
13 | approved certified nurse assistant training programs in | ||||||
14 | the State of this requirement. The individual shall | ||||||
15 | receive one hour of credit for every hour employed as a | ||||||
16 | temporary nursing assistant, up to 40 total hours, and | ||||||
17 | shall be permitted 90 days after the end date of the | ||||||
18 | temporary nursing assistant program to enroll in an | ||||||
19 | approved certified nursing assistant training program and | ||||||
20 | 240 days to successfully complete the certified nursing | ||||||
21 | assistant training program. Temporary nursing assistants | ||||||
22 | who enroll in a certified nursing assistant training | ||||||
23 | program within 90 days of the end of the temporary nursing | ||||||
24 | assistant program may continue to work as a nursing | ||||||
25 | assistant for up to 240 days after enrollment in the | ||||||
26 | certified nursing assistant training program. As used in |
| |||||||
| |||||||
1 | this Section, "temporary nursing assistant program" means | ||||||
2 | the program implemented by the Department of Public Health | ||||||
3 | by emergency rule, as listed in 44 Ill. Reg. 7936, | ||||||
4 | effective April 21, 2020. | ||||||
5 | The facility shall develop and implement procedures, | ||||||
6 | which shall be
approved by the Department, for an ongoing | ||||||
7 | review process, which shall take
place within the | ||||||
8 | facility, for nursing assistants, habilitation aides, and
| ||||||
9 | child care aides.
| ||||||
10 | At the time of each regularly scheduled licensure | ||||||
11 | survey, or at the time
of a complaint investigation, the | ||||||
12 | Department may require any nursing
assistant, habilitation | ||||||
13 | aide, or child care aide to demonstrate, either through | ||||||
14 | written
examination or action, or both, sufficient | ||||||
15 | knowledge in all areas of
required training. If such | ||||||
16 | knowledge is inadequate the Department shall
require the | ||||||
17 | nursing assistant, habilitation aide, or child care aide | ||||||
18 | to complete inservice
training and review in the facility | ||||||
19 | until the nursing assistant, habilitation
aide, or child | ||||||
20 | care aide demonstrates to the Department, either through | ||||||
21 | written
examination or action, or both, sufficient | ||||||
22 | knowledge in all areas of
required training.
| ||||||
23 | (6) Be familiar with and have general skills related | ||||||
24 | to resident care.
| ||||||
25 | (a-0.5) An educational entity, other than a secondary | ||||||
26 | school, conducting a
nursing assistant, habilitation aide, or |
| |||||||
| |||||||
1 | child care aide
training program
shall initiate a criminal | ||||||
2 | history record check in accordance with the Health Care Worker | ||||||
3 | Background Check Act prior to entry of an
individual into the | ||||||
4 | training program.
A secondary school may initiate a criminal | ||||||
5 | history record check in accordance with the Health Care Worker | ||||||
6 | Background Check Act at any time during or after a training | ||||||
7 | program.
| ||||||
8 | (a-1) Nursing assistants, habilitation aides, or child | ||||||
9 | care aides seeking to be included on the Health Care Worker | ||||||
10 | Registry under the Health Care Worker Background Check Act on | ||||||
11 | or
after January 1, 1996 must authorize the Department of | ||||||
12 | Public Health or its
designee
to request a criminal history | ||||||
13 | record check in accordance with the Health Care Worker | ||||||
14 | Background Check Act and submit all necessary
information. An | ||||||
15 | individual may not newly be included on the Health Care Worker | ||||||
16 | Registry unless a criminal history record check has been | ||||||
17 | conducted with respect to the individual.
| ||||||
18 | (b) Persons subject to this Section shall perform their | ||||||
19 | duties under the
supervision of a licensed nurse.
| ||||||
20 | (c) It is unlawful for any facility to employ any person in | ||||||
21 | the capacity
of nursing assistant, habilitation aide, or child | ||||||
22 | care aide, or under any other title, not
licensed by the State | ||||||
23 | of Illinois to assist in the personal, medical, or
nursing | ||||||
24 | care of residents in such facility unless such person has | ||||||
25 | complied
with this Section.
| ||||||
26 | (d) Proof of compliance by each employee with the |
| |||||||
| |||||||
1 | requirements set out
in this Section shall be maintained for | ||||||
2 | each such employee by each facility
in the individual | ||||||
3 | personnel folder of the employee. Proof of training shall be | ||||||
4 | obtained only from the Health Care Worker Registry.
| ||||||
5 | (e) Each facility shall obtain access to the Health Care | ||||||
6 | Worker Registry's web application, maintain the employment and | ||||||
7 | demographic information relating to each employee, and verify | ||||||
8 | by the category and type of employment that
each employee | ||||||
9 | subject to this Section meets all the requirements of this
| ||||||
10 | Section.
| ||||||
11 | (f) Any facility that is operated under Section 3-803 | ||||||
12 | shall be
exempt
from the requirements of this Section.
| ||||||
13 | (g) Each skilled nursing and intermediate care facility | ||||||
14 | that
admits
persons who are diagnosed as having Alzheimer's | ||||||
15 | disease or related
dementias shall require all nursing | ||||||
16 | assistants, habilitation aides, or child
care aides, who did | ||||||
17 | not receive 12 hours of training in the care and
treatment of | ||||||
18 | such residents during the training required under paragraph
| ||||||
19 | (5) of subsection (a), to obtain 12 hours of in-house training | ||||||
20 | in the care
and treatment of such residents. If the facility | ||||||
21 | does not provide the
training in-house, the training shall be | ||||||
22 | obtained from other facilities,
community colleges or other | ||||||
23 | educational institutions that have a
recognized course for | ||||||
24 | such training. The Department shall, by rule,
establish a | ||||||
25 | recognized course for such training. The Department's rules | ||||||
26 | shall provide that such
training may be conducted in-house at |
| |||||||
| |||||||
1 | each facility subject to the
requirements of this subsection, | ||||||
2 | in which case such training shall be
monitored by the | ||||||
3 | Department.
| ||||||
4 | The Department's rules shall also provide for | ||||||
5 | circumstances and procedures
whereby any person who has | ||||||
6 | received training that meets
the
requirements of this | ||||||
7 | subsection shall not be required to undergo additional
| ||||||
8 | training if he or she is transferred to or obtains employment | ||||||
9 | at a
different facility or a facility other than a long-term | ||||||
10 | care facility but remains continuously employed for pay as a | ||||||
11 | nursing assistant,
habilitation aide, or child care aide. | ||||||
12 | Individuals
who have performed no nursing or nursing-related | ||||||
13 | services
for a period of 24 consecutive months shall be listed | ||||||
14 | as "inactive"
and as such do not meet the requirements of this | ||||||
15 | Section. Licensed sheltered care facilities
shall be
exempt | ||||||
16 | from the requirements of this Section.
| ||||||
17 | An individual employed during the COVID-19 pandemic as a | ||||||
18 | nursing assistant in accordance with any Executive Orders, | ||||||
19 | emergency rules, or policy memoranda related to COVID-19 shall | ||||||
20 | be assumed to meet competency standards and may continue to be | ||||||
21 | employed as a certified nurse assistant when the pandemic ends | ||||||
22 | and the Executive Orders or emergency rules lapse. Such | ||||||
23 | individuals shall be listed on the Department's Health Care | ||||||
24 | Worker Registry website as "active". | ||||||
25 | (Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17; | ||||||
26 | 100-863, eff. 8-14-18; 101-655, eff. 3-12-21.)
|
| |||||||
| |||||||
1 | (210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
| ||||||
2 | Sec. 3-702.
(a) A person who believes that this Act or a | ||||||
3 | rule promulgated
under this Act may have been violated may | ||||||
4 | request an investigation. The
request may be submitted to the | ||||||
5 | Department in writing, by telephone, by electronic means, or | ||||||
6 | by
personal visit. An oral complaint shall be reduced to | ||||||
7 | writing by the
Department. The Department shall make | ||||||
8 | available, through its website and upon request, information | ||||||
9 | regarding the oral and phone intake processes and the list of | ||||||
10 | questions that will be asked of the complainant. The | ||||||
11 | Department shall request information identifying the
| ||||||
12 | complainant, including the name, address , and telephone | ||||||
13 | number, to help
enable appropriate follow-up. The Department | ||||||
14 | shall act on such complaints
via on-site visits or other | ||||||
15 | methods deemed appropriate to handle the
complaints with or | ||||||
16 | without such identifying information, as otherwise
provided | ||||||
17 | under this Section. The complainant shall be informed that
| ||||||
18 | compliance with such request is not required to satisfy the | ||||||
19 | procedures for
filing a complaint under this Act. The | ||||||
20 | Department must notify complainants that complaints with less | ||||||
21 | information provided are far more difficult to respond to and | ||||||
22 | investigate.
| ||||||
23 | (b) The substance of the complaint shall be provided in | ||||||
24 | writing to the
licensee, owner, or administrator no earlier | ||||||
25 | than at the commencement of an
on-site inspection of the |
| |||||||
| |||||||
1 | facility which takes place pursuant to the complaint.
| ||||||
2 | (c) The Department shall not disclose the name of the | ||||||
3 | complainant unless
the complainant consents in writing to the | ||||||
4 | disclosure or the investigation
results in a judicial | ||||||
5 | proceeding, or unless disclosure is essential to the
| ||||||
6 | investigation. The complainant shall be given the opportunity | ||||||
7 | to withdraw
the complaint before disclosure. Upon the request | ||||||
8 | of the complainant, the
Department may permit the complainant | ||||||
9 | or a representative of the complainant
to accompany the person | ||||||
10 | making the on-site inspection of the facility.
| ||||||
11 | (d) Upon receipt of a complaint, the Department shall | ||||||
12 | determine whether this
Act or a rule promulgated under this | ||||||
13 | Act has been or is being violated. The
Department shall | ||||||
14 | investigate all complaints alleging abuse or neglect within
7 | ||||||
15 | days after the receipt of the complaint except that complaints | ||||||
16 | of abuse
or neglect which indicate that a resident's life or | ||||||
17 | safety is in imminent
danger shall be investigated within 24 | ||||||
18 | hours after receipt of the
complaint. All other complaints | ||||||
19 | shall be investigated within 30 days after
the receipt of the | ||||||
20 | complaint , except that, during a statewide public health | ||||||
21 | emergency, as defined in the Illinois Emergency Management | ||||||
22 | Agency Act, all other complaints shall be investigated within | ||||||
23 | appropriate time frames to the extent feasible . The Department | ||||||
24 | employees investigating a
complaint shall conduct a brief, | ||||||
25 | informal exit conference with the facility
to alert its | ||||||
26 | administration of any suspected serious deficiency that poses
|
| |||||||
| |||||||
1 | a direct threat to the health, safety , or welfare of a resident | ||||||
2 | to enable an
immediate correction for the alleviation or | ||||||
3 | elimination of such threat.
Such information and findings | ||||||
4 | discussed in the brief exit conference shall
become a part of | ||||||
5 | the investigating record but shall not in any way
constitute | ||||||
6 | an official or final notice of violation as provided under
| ||||||
7 | Section 3-301. All complaints shall be classified as
"an | ||||||
8 | invalid report", "a valid report", or "an undetermined
| ||||||
9 | report". For any complaint classified as "a valid report", the
| ||||||
10 | Department must determine within 30 working days after any | ||||||
11 | Department employee enters a facility to begin an on-site | ||||||
12 | inspection
if any rule or provision of this Act has been or is | ||||||
13 | being violated.
| ||||||
14 | (d-1) The Department shall, whenever possible, combine an | ||||||
15 | on-site
investigation of a complaint in a facility with other | ||||||
16 | inspections in order
to avoid duplication of inspections.
| ||||||
17 | (e) In all cases, the Department shall inform the | ||||||
18 | complainant of its
findings within 10 days of its | ||||||
19 | determination unless otherwise indicated
by the complainant, | ||||||
20 | and the complainant may direct the Department to
send a copy of | ||||||
21 | such findings to another person. The Department's findings
may | ||||||
22 | include comments or documentation provided by either the | ||||||
23 | complainant
or the licensee pertaining to the complaint. The | ||||||
24 | Department shall also
notify the facility of such findings | ||||||
25 | within 10 days of the determination,
but the name of the | ||||||
26 | complainant or residents shall not be disclosed in this
notice |
| |||||||
| |||||||
1 | to the facility. The notice of such
findings shall include a | ||||||
2 | copy of the written determination; the
correction order, if | ||||||
3 | any; the warning notice, if any; the inspection
report; or the | ||||||
4 | State licensure form on which the violation is listed.
| ||||||
5 | (f) A written determination, correction order, or warning | ||||||
6 | notice
concerning a complaint, together with the facility's | ||||||
7 | response, shall be
available for public inspection, but the | ||||||
8 | name of the complainant or
resident shall not be disclosed | ||||||
9 | without his consent.
| ||||||
10 | (g) A complainant who is dissatisfied with the | ||||||
11 | determination or
investigation by the Department may request a | ||||||
12 | hearing under Section
3-703. The facility shall be given | ||||||
13 | notice of any such
hearing and may participate in the hearing | ||||||
14 | as a party. If a facility
requests a hearing under Section | ||||||
15 | 3-703 which
concerns a matter covered by a complaint, the | ||||||
16 | complainant shall be given
notice and may participate in the | ||||||
17 | hearing as a party. A request
for a hearing by either a | ||||||
18 | complainant or a facility shall be
submitted in writing to the | ||||||
19 | Department within 30 days after the mailing
of the | ||||||
20 | Department's findings as described in subsection (e) of this
| ||||||
21 | Section. Upon receipt of the request the Department shall | ||||||
22 | conduct a hearing
as provided under Section 3-703.
| ||||||
23 | (g-5) The Department shall conduct an annual review of all | ||||||
24 | survey activity from the preceding fiscal year and make a | ||||||
25 | report concerning the complaint and survey process. The report | ||||||
26 | shall include, but not be limited to: |
| |||||||
| |||||||
1 | (1) the total number of complaints received; | ||||||
2 | (2) the breakdown of 24-hour, 7-day, and 30-day | ||||||
3 | complaints; | ||||||
4 | (3) the breakdown of anonymous and non-anonymous | ||||||
5 | complaints; | ||||||
6 | (4) the number of complaints that were substantiated | ||||||
7 | versus unsubstantiated; | ||||||
8 | (5) the total number of substantiated complaints that | ||||||
9 | were completed in the time frame determined under | ||||||
10 | subsection (d); | ||||||
11 | (6) the total number of informal dispute resolutions | ||||||
12 | requested; | ||||||
13 | (7) the total number of informal dispute resolution | ||||||
14 | requests approved; | ||||||
15 | (8) the total number of informal dispute resolutions | ||||||
16 | that were overturned or reduced in severity; | ||||||
17 | (9) the total number of nurse surveyors
hired during | ||||||
18 | the calendar year; | ||||||
19 | (10) the total number of nurse
surveyors who left | ||||||
20 | Department employment; | ||||||
21 | (11) the average length of tenure for nurse surveyors | ||||||
22 | employed by the Department at the time the report is | ||||||
23 | created; | ||||||
24 | (12) the total number of times the Department imposed | ||||||
25 | discretionary denial of payment within 15 days of notice | ||||||
26 | and within 2 days of notice as well as the number of times |
| |||||||
| |||||||
1 | the discretionary denial of payment took effect; and | ||||||
2 | (13) any other complaint information requested by the | ||||||
3 | Long-Term Care Facility Advisory Board created under | ||||||
4 | Section 2-204 of this Act or the Illinois Long-Term Care | ||||||
5 | Council created under Section 4.04a of the Illinois Act on | ||||||
6 | the Aging. | ||||||
7 | This report shall be provided to the Long-Term Care | ||||||
8 | Facility Advisory Board, the Illinois Long-Term Care Council, | ||||||
9 | and the General Assembly. The Long-Term Care Facility Advisory | ||||||
10 | Board and the Illinois Long-Term Care Council shall review the | ||||||
11 | report and suggest any changes deemed necessary to the | ||||||
12 | Department for review and action, including how to investigate | ||||||
13 | and substantiate anonymous complaints. | ||||||
14 | (h) Any person who knowingly transmits a false report to | ||||||
15 | the
Department commits the offense of disorderly conduct under | ||||||
16 | subsection
(a)(8) of Section 26-1 of the Criminal Code of | ||||||
17 | 2012.
| ||||||
18 | (Source: P.A. 102-432, eff. 8-20-21; 102-947, eff. 1-1-23; | ||||||
19 | revised 12-9-22.)
| ||||||
20 | Section 20. The MC/DD Act is amended by changing Sections | ||||||
21 | 3-116, 3-202.5, and 3-702 as follows:
| ||||||
22 | (210 ILCS 46/3-116)
| ||||||
23 | Sec. 3-116. Probationary license. If the applicant has not | ||||||
24 | been previously licensed or if the facility is not in |
| |||||||
| |||||||
1 | operation at the time application is made, the Department | ||||||
2 | shall issue only a probationary license. A probationary | ||||||
3 | license shall be valid for 120 days unless sooner suspended or | ||||||
4 | revoked under Section 3-119. Within 30 days prior to the | ||||||
5 | termination of a probationary license, the Department shall | ||||||
6 | fully and completely inspect the facility and, if the facility | ||||||
7 | meets the applicable requirements for licensure, shall issue a | ||||||
8 | license under Section 3-109 , except that, during a statewide | ||||||
9 | public health emergency, as defined in the Illinois Emergency | ||||||
10 | Management Agency Act, the Department shall inspect facilities | ||||||
11 | within an appropriate time frame to the extent feasible . If | ||||||
12 | the Department finds that the facility does not meet the | ||||||
13 | requirements for licensure but has made substantial progress | ||||||
14 | toward meeting those requirements, the license may be renewed | ||||||
15 | once for a period not to exceed 120 days from the expiration | ||||||
16 | date of the initial probationary license.
| ||||||
17 | (Source: P.A. 99-180, eff. 7-29-15.)
| ||||||
18 | (210 ILCS 46/3-202.5)
| ||||||
19 | Sec. 3-202.5. Facility plan review; fees. | ||||||
20 | (a) Before commencing construction of a new facility or | ||||||
21 | specified types of alteration or additions to an existing | ||||||
22 | facility involving major construction, as defined by rule by | ||||||
23 | the Department, with an estimated cost greater than $100,000, | ||||||
24 | architectural drawings and specifications for the facility | ||||||
25 | shall be submitted to the Department for review and approval. |
| |||||||
| |||||||
1 | A facility may submit architectural drawings and | ||||||
2 | specifications for other construction projects for Department | ||||||
3 | review according to subsection (b) that shall not be subject | ||||||
4 | to fees under subsection (d). Review of drawings and | ||||||
5 | specifications shall be conducted by an employee of the | ||||||
6 | Department meeting the qualifications established by the | ||||||
7 | Department of Central Management Services class specifications | ||||||
8 | for such an individual's position or by a person contracting | ||||||
9 | with the Department who meets those class specifications. | ||||||
10 | Final approval of the drawings and specifications for | ||||||
11 | compliance with design and construction standards shall be | ||||||
12 | obtained from the Department before the alteration, addition, | ||||||
13 | or new construction is begun. | ||||||
14 | (b) The Department shall inform an applicant in writing | ||||||
15 | within 10 working days after receiving drawings and | ||||||
16 | specifications and the required fee, if any, from the | ||||||
17 | applicant whether the applicant's submission is complete or | ||||||
18 | incomplete. Failure to provide the applicant with this notice | ||||||
19 | within 10 working days shall result in the submission being | ||||||
20 | deemed complete for purposes of initiating the 60-day 60 day | ||||||
21 | review period under this Section. If the submission is | ||||||
22 | incomplete, the Department shall inform the applicant of the | ||||||
23 | deficiencies with the submission in writing. If the submission | ||||||
24 | is complete the required fee, if any, has been paid, the | ||||||
25 | Department shall approve or disapprove drawings and | ||||||
26 | specifications submitted to the Department no later than 60 |
| |||||||
| |||||||
1 | days following receipt by the Department. The drawings and | ||||||
2 | specifications shall be of sufficient detail, as provided by | ||||||
3 | Department rule, to enable the Department to render a | ||||||
4 | determination of compliance with design and construction | ||||||
5 | standards under this Act. If the Department finds that the | ||||||
6 | drawings are not of sufficient detail for it to render a | ||||||
7 | determination of compliance, the plans shall be determined to | ||||||
8 | be incomplete and shall not be considered for purposes of | ||||||
9 | initiating the 60 day review period. If a submission of | ||||||
10 | drawings and specifications is incomplete, the applicant may | ||||||
11 | submit additional information. The 60 day review period shall | ||||||
12 | not commence until the Department determines that a submission | ||||||
13 | of drawings and specifications is complete or the submission | ||||||
14 | is deemed complete. If the Department has not approved or | ||||||
15 | disapproved the drawings and specifications within 60 days, | ||||||
16 | the construction, major alteration, or addition shall be | ||||||
17 | deemed approved. If the drawings and specifications are | ||||||
18 | disapproved, the Department shall state in writing, with | ||||||
19 | specificity, the reasons for the disapproval. The entity | ||||||
20 | submitting the drawings and specifications may submit | ||||||
21 | additional information in response to the written comments | ||||||
22 | from the Department or request a reconsideration of the | ||||||
23 | disapproval. A final decision of approval or disapproval shall | ||||||
24 | be made within 45 days of the receipt of the additional | ||||||
25 | information or reconsideration request. If denied, the | ||||||
26 | Department shall state the specific reasons for the denial. |
| |||||||
| |||||||
1 | (c) The Department shall provide written approval for | ||||||
2 | occupancy pursuant to subsection (g) and shall not issue a | ||||||
3 | violation to a facility as a result of a licensure or complaint | ||||||
4 | survey based upon the facility's physical structure if: | ||||||
5 | (1) the Department reviewed and approved or deemed
| ||||||
6 | approved the drawings and specifications for compliance | ||||||
7 | with design and construction standards; | ||||||
8 | (2) the construction, major alteration, or addition
| ||||||
9 | was built as submitted; | ||||||
10 | (3) the law or rules have not been amended since the
| ||||||
11 | original approval; and | ||||||
12 | (4) the conditions at the facility indicate that
there | ||||||
13 | is a reasonable degree of safety provided for the | ||||||
14 | residents. | ||||||
15 | (d) (Blank). | ||||||
16 | (e) All fees received by the Department under this Section | ||||||
17 | shall be deposited into the Health Facility Plan Review Fund, | ||||||
18 | a special fund created in the State Treasury. Moneys shall be | ||||||
19 | appropriated from that Fund to the Department only to pay the | ||||||
20 | costs of conducting reviews under this Section, under Section | ||||||
21 | 3-202.5 of the Nursing Home Care Act, or under Section 3-202.5 | ||||||
22 | of the ID/DD Community Care Act. None of the moneys in the | ||||||
23 | Health Facility Plan Review Fund shall be used to reduce the | ||||||
24 | amount of General Revenue Fund moneys appropriated to the | ||||||
25 | Department for facility plan reviews conducted pursuant to | ||||||
26 | this Section. |
| |||||||
| |||||||
1 | (f) (Blank). | ||||||
2 | (g) The Department shall conduct an on site inspection of | ||||||
3 | the completed project no later than 30 days after notification | ||||||
4 | from the applicant that the project has been completed and all | ||||||
5 | certifications required by the Department have been received | ||||||
6 | and accepted by the Department , except that, during a | ||||||
7 | statewide public health emergency, as defined in the Illinois | ||||||
8 | Emergency Management Agency Act, the Department shall conduct | ||||||
9 | an on-site inspection to the extent feasible . The Department | ||||||
10 | shall provide written approval for occupancy to the applicant | ||||||
11 | within 5 working days of the Department's final inspection, | ||||||
12 | provided the applicant has demonstrated substantial compliance | ||||||
13 | as defined by Department rule. Occupancy of new major | ||||||
14 | construction is prohibited until Department approval is | ||||||
15 | received, unless the Department has not acted within the time | ||||||
16 | frames provided in this subsection (g), in which case the | ||||||
17 | construction shall be deemed approved. Occupancy shall be | ||||||
18 | authorized after any required health inspection by the | ||||||
19 | Department has been conducted. | ||||||
20 | (h) The Department shall establish, by rule, a procedure | ||||||
21 | to conduct interim on site review of large or complex | ||||||
22 | construction projects. | ||||||
23 | (i) The Department shall establish, by rule, an expedited | ||||||
24 | process for emergency repairs or replacement of like | ||||||
25 | equipment. | ||||||
26 | (j) Nothing in this Section shall be construed to apply to |
| |||||||
| |||||||
1 | maintenance, upkeep, or renovation that does not affect the | ||||||
2 | structural integrity of the building, does not add beds or | ||||||
3 | services over the number for which the facility is licensed, | ||||||
4 | and provides a reasonable degree of safety for the residents.
| ||||||
5 | (Source: P.A. 99-180, eff. 7-29-15.)
| ||||||
6 | (210 ILCS 46/3-702)
| ||||||
7 | Sec. 3-702. Request for investigation of violation. | ||||||
8 | (a) A person who believes that this Act or a rule | ||||||
9 | promulgated under this Act may have been violated may request | ||||||
10 | an investigation. The request may be submitted to the | ||||||
11 | Department in writing, by telephone, by electronic means, or | ||||||
12 | by personal visit. An oral complaint shall be reduced to | ||||||
13 | writing by the Department. The Department shall make | ||||||
14 | available, through
its website and upon request, information | ||||||
15 | regarding the oral
and phone intake processes and the list of | ||||||
16 | questions that will
be asked of the complainant. The | ||||||
17 | Department shall request information identifying the | ||||||
18 | complainant, including the name, address and telephone number, | ||||||
19 | to help enable appropriate follow up. The Department shall act | ||||||
20 | on such complaints via on-site visits or other methods deemed | ||||||
21 | appropriate to handle the complaints with or without such | ||||||
22 | identifying information, as otherwise provided under this | ||||||
23 | Section. The complainant shall be informed that compliance | ||||||
24 | with such request is not required to satisfy the procedures | ||||||
25 | for filing a complaint under this Act. The Department must |
| |||||||
| |||||||
1 | notify complainants that complaints with less information | ||||||
2 | provided are far more difficult to respond to and 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 statewide public health | ||||||
26 | emergency, as defined in the Illinois Emergency Management |
| |||||||
| |||||||
1 | Agency Act, all other complaints shall be investigated within | ||||||
2 | an appropriate time frame to the extent feasible . The | ||||||
3 | Department employees investigating a complaint shall conduct a | ||||||
4 | brief, informal exit conference with the facility to alert its | ||||||
5 | administration of any suspected serious deficiency that poses | ||||||
6 | a direct threat to the health, safety or welfare of a resident | ||||||
7 | to enable an immediate correction for the alleviation or | ||||||
8 | elimination of such threat. Such information and findings | ||||||
9 | discussed in the brief exit conference shall become a part of | ||||||
10 | the investigating record but shall not in any way constitute | ||||||
11 | an official or final notice of violation as provided under | ||||||
12 | Section 3-301. All complaints shall be classified as "an | ||||||
13 | invalid report", "a valid report", or "an undetermined | ||||||
14 | report". For any complaint classified as "a valid report", the | ||||||
15 | Department must determine within 30 working days if any rule | ||||||
16 | or provision of this Act has been or is being violated. | ||||||
17 | (d-1) The Department shall, whenever possible, combine an | ||||||
18 | on site investigation of a complaint in a facility with other | ||||||
19 | inspections in order to avoid duplication of inspections. | ||||||
20 | (e) In all cases, the Department shall inform the | ||||||
21 | complainant of its findings within 10 days of its | ||||||
22 | determination unless otherwise indicated by the complainant, | ||||||
23 | and the complainant may direct the Department to send a copy of | ||||||
24 | such findings to another person. The Department's findings may | ||||||
25 | include comments or documentation provided by either the | ||||||
26 | complainant or the licensee pertaining to the complaint. The |
| |||||||
| |||||||
1 | Department shall also notify the facility of such findings | ||||||
2 | within 10 days of the determination, but the name of the | ||||||
3 | complainant or residents shall not be disclosed in this notice | ||||||
4 | to the facility. The notice of such findings shall include a | ||||||
5 | copy of the written determination; the correction order, if | ||||||
6 | any; the warning notice, if any; the inspection report; or the | ||||||
7 | State licensure form on which the violation is listed. | ||||||
8 | (f) A written determination, correction order, or warning | ||||||
9 | notice concerning a complaint, together with the facility's | ||||||
10 | response, shall be available for public inspection, but the | ||||||
11 | name of the complainant or resident shall not be disclosed | ||||||
12 | without his or her consent. | ||||||
13 | (g) A complainant who is dissatisfied with the | ||||||
14 | determination or investigation by the Department may request a | ||||||
15 | hearing under Section 3-703. The facility shall be given | ||||||
16 | notice of any such hearing and may participate in the hearing | ||||||
17 | as a party. If a facility requests a hearing under Section | ||||||
18 | 3-703 which concerns a matter covered by a complaint, the | ||||||
19 | complainant shall be given notice and may participate in the | ||||||
20 | hearing as a party. A request for a hearing by either a | ||||||
21 | complainant or a facility shall be submitted in writing to the | ||||||
22 | Department within 30 days after the mailing of the | ||||||
23 | Department's findings as described in subsection (e) of this | ||||||
24 | Section. Upon receipt of the request the Department shall | ||||||
25 | conduct a hearing as provided under Section 3-703. | ||||||
26 | (g-5) The Department shall conduct an annual review and
|
| |||||||
| |||||||
1 | make a report concerning the complaint process that includes
| ||||||
2 | the number of complaints received, the breakdown of anonymous
| ||||||
3 | and non-anonymous complaints and whether the complaints were
| ||||||
4 | substantiated or not, the total number of substantiated
| ||||||
5 | complaints, and any other complaint information requested by
| ||||||
6 | the DD Facility Advisory Board. This report shall be provided | ||||||
7 | to the DD Facility Advisory Board. The DD Facility Advisory | ||||||
8 | Board shall review the report and suggest any changes deemed | ||||||
9 | necessary to the Department for review and action, including | ||||||
10 | how to investigate and substantiate anonymous complaints. | ||||||
11 | (h) Any person who knowingly transmits a false report to | ||||||
12 | the Department commits the offense of disorderly conduct under | ||||||
13 | subsection (a)(8) of Section 26-1 of the Criminal Code of | ||||||
14 | 2012.
| ||||||
15 | (Source: P.A. 99-180, eff. 7-29-15.)
| ||||||
16 | Section 25. The ID/DD Community Care Act is amended by | ||||||
17 | changing Sections 3-116, 3-206, and 3-702 as follows:
| ||||||
18 | (210 ILCS 47/3-116)
| ||||||
19 | Sec. 3-116. Probationary license. If the applicant has not | ||||||
20 | been previously licensed or if the facility is not in | ||||||
21 | operation at the time application is made, the Department | ||||||
22 | shall issue only a probationary license. A probationary | ||||||
23 | license shall be valid for 120 days unless sooner suspended or | ||||||
24 | revoked under Section 3-119. Within 30 days prior to the |
| |||||||
| |||||||
1 | termination of a probationary license, the Department shall | ||||||
2 | fully and completely inspect the facility and, if the facility | ||||||
3 | meets the applicable requirements for licensure, shall issue a | ||||||
4 | license under Section 3-109 except that, during a statewide | ||||||
5 | public health emergency, as defined in the Illinois Emergency | ||||||
6 | Management Agency Act, the Department shall inspect facilities | ||||||
7 | within an appropriate time frame to the extent feasible . If | ||||||
8 | the Department finds that the facility does not meet the | ||||||
9 | requirements for licensure but has made substantial progress | ||||||
10 | toward meeting those requirements, the license may be renewed | ||||||
11 | once for a period not to exceed 120 days from the expiration | ||||||
12 | date of the initial probationary license.
| ||||||
13 | (Source: P.A. 96-339, eff. 7-1-10 .)
| ||||||
14 | (210 ILCS 47/3-206)
| ||||||
15 | Sec. 3-206. Curriculum for training nursing assistants and | ||||||
16 | aides. The Department shall prescribe a curriculum for | ||||||
17 | training nursing assistants, habilitation aides, and child | ||||||
18 | care aides. | ||||||
19 | (a) No person, except a volunteer who receives no | ||||||
20 | compensation from a facility and is not included for the | ||||||
21 | purpose of meeting any staffing requirements set forth by the | ||||||
22 | Department, shall act as a nursing assistant, habilitation | ||||||
23 | aide, or child care aide in a facility, nor shall any person, | ||||||
24 | under any other title, not licensed, certified, or registered | ||||||
25 | to render medical care by the Department of Financial and |
| |||||||
| |||||||
1 | Professional Regulation, assist with the personal, medical, or | ||||||
2 | nursing care of residents in a facility, unless such person | ||||||
3 | meets the following requirements: | ||||||
4 | (1) Be at least 16 years of age, of temperate habits
| ||||||
5 | and good moral character, honest, reliable and | ||||||
6 | trustworthy. | ||||||
7 | (2) Be able to speak and understand the English
| ||||||
8 | language or a language understood by a substantial | ||||||
9 | percentage of the facility's residents. | ||||||
10 | (3) Provide evidence of employment or occupation, if
| ||||||
11 | any, and residence for 2 years prior to his or her present | ||||||
12 | employment. | ||||||
13 | (4) Have completed at least 8 years of grade school
or | ||||||
14 | provide proof of equivalent knowledge. | ||||||
15 | (5) Begin a current course of training for nursing
| ||||||
16 | assistants, habilitation aides, or child care aides, | ||||||
17 | approved by the Department, within 45 days of initial | ||||||
18 | employment in the capacity of a nursing assistant, | ||||||
19 | habilitation aide, or child care aide at any facility. | ||||||
20 | Such courses of training shall be successfully completed | ||||||
21 | within 120 days of initial employment in the capacity of | ||||||
22 | nursing assistant, habilitation aide, or child care aide | ||||||
23 | at a facility , except that, during a statewide public | ||||||
24 | health emergency, as defined in the Illinois Emergency | ||||||
25 | Management Agency Act, training shall be completed to the | ||||||
26 | extent feasible . Nursing assistants, habilitation aides, |
| |||||||
| |||||||
1 | and child care aides who are enrolled in approved courses | ||||||
2 | in community colleges or other educational institutions on | ||||||
3 | a term, semester or trimester basis, shall be exempt from | ||||||
4 | the 120-day completion time limit. The Department shall | ||||||
5 | adopt rules for such courses of training. These rules | ||||||
6 | shall include procedures for facilities to carry on an | ||||||
7 | approved course of training within the facility. | ||||||
8 | The Department may accept comparable training in
lieu | ||||||
9 | of the 120-hour course for student nurses, foreign nurses, | ||||||
10 | military personnel, or employees of the Department of | ||||||
11 | Human Services. | ||||||
12 | The facility shall develop and implement procedures,
| ||||||
13 | which shall be approved by the Department, for an ongoing | ||||||
14 | review process, which shall take place within the | ||||||
15 | facility, for nursing assistants, habilitation aides, and | ||||||
16 | child care aides. | ||||||
17 | At the time of each regularly scheduled licensure
| ||||||
18 | survey, or at the time of a complaint investigation, the | ||||||
19 | Department may require any nursing assistant, habilitation | ||||||
20 | aide, or child care aide to demonstrate, either through | ||||||
21 | written examination or action, or both, sufficient | ||||||
22 | knowledge in all areas of required training. If such | ||||||
23 | knowledge is inadequate the Department shall require the | ||||||
24 | nursing assistant, habilitation aide, or child care aide | ||||||
25 | to complete inservice training and review in the facility | ||||||
26 | until the nursing assistant, habilitation aide, or child |
| |||||||
| |||||||
1 | care aide demonstrates to the Department, either through | ||||||
2 | written examination or action, or both, sufficient | ||||||
3 | knowledge in all areas of required training; and | ||||||
4 | (6) Be familiar with and have general skills related
| ||||||
5 | to resident care. | ||||||
6 | (a-0.5) An educational entity, other than a secondary | ||||||
7 | school, conducting a nursing assistant, habilitation aide, or | ||||||
8 | child care aide training program shall initiate a criminal | ||||||
9 | history record check in accordance with the Health Care Worker | ||||||
10 | Background Check Act prior to entry of an individual into the | ||||||
11 | training program. A secondary school may initiate a criminal | ||||||
12 | history record check in accordance with the Health Care Worker | ||||||
13 | Background Check Act at any time during or after a training | ||||||
14 | program. | ||||||
15 | (a-1) Nursing assistants, habilitation aides, or child | ||||||
16 | care aides seeking to be included on the Health Care Worker | ||||||
17 | Registry under the Health Care Worker Background Check Act | ||||||
18 | must authorize the Department of Public Health or its designee | ||||||
19 | to request a criminal history record check in accordance with | ||||||
20 | the Health Care Worker Background Check Act and submit all | ||||||
21 | necessary information. An individual may not newly be included | ||||||
22 | on the Health Care Worker Registry unless a criminal history | ||||||
23 | record check has been conducted with respect to the | ||||||
24 | individual. | ||||||
25 | (b) Persons subject to this Section shall perform their | ||||||
26 | duties under the supervision of a licensed nurse or other |
| |||||||
| |||||||
1 | appropriately trained, licensed, or certified personnel. | ||||||
2 | (c) It is unlawful for any facility to employ any person in | ||||||
3 | the capacity of nursing assistant, habilitation aide, or child | ||||||
4 | care aide, or under any other title, not licensed by the State | ||||||
5 | of Illinois to assist in the personal, medical, or nursing | ||||||
6 | care of residents in such facility unless such person has | ||||||
7 | complied with this Section. | ||||||
8 | (d) Proof of compliance by each employee with the | ||||||
9 | requirements set out in this Section shall be maintained for | ||||||
10 | each such employee by each facility in the individual | ||||||
11 | personnel folder of the employee. Proof of training shall be | ||||||
12 | obtained only from the Health Care Worker Registry. | ||||||
13 | (e) Each facility shall obtain access to the Health Care | ||||||
14 | Worker Registry's web application, maintain the employment and | ||||||
15 | demographic information relating to each employee, and verify | ||||||
16 | by the category and type of employment that each employee | ||||||
17 | subject to this Section meets all the requirements of this | ||||||
18 | Section. | ||||||
19 | (f) Any facility that is operated under Section 3-803 | ||||||
20 | shall be exempt from the requirements of this Section. | ||||||
21 | (g) Each skilled nursing and intermediate care facility | ||||||
22 | that admits persons who are diagnosed as having Alzheimer's | ||||||
23 | disease or related dementias shall require all nursing | ||||||
24 | assistants, habilitation aides, or child care aides, who did | ||||||
25 | not receive 12 hours of training in the care and treatment of | ||||||
26 | such residents during the training required under paragraph |
| |||||||
| |||||||
1 | (5) of subsection (a), to obtain 12 hours of in house training | ||||||
2 | in the care and treatment of such residents. If the facility | ||||||
3 | does not provide the training in house, the training shall be | ||||||
4 | obtained from other facilities, community colleges or other | ||||||
5 | educational institutions that have a recognized course for | ||||||
6 | such training. The Department shall, by rule, establish a | ||||||
7 | recognized course for such training. | ||||||
8 | The Department's rules shall provide that such training | ||||||
9 | may be conducted in house at each facility subject to the | ||||||
10 | requirements of this subsection, in which case such training | ||||||
11 | shall be monitored by the Department.
The Department's rules | ||||||
12 | shall also provide for circumstances and procedures whereby | ||||||
13 | any person who has received training that meets the | ||||||
14 | requirements of this subsection shall not be required to | ||||||
15 | undergo additional training if he or she is transferred to or | ||||||
16 | obtains employment at a different facility or a facility other | ||||||
17 | than those licensed under this Act but remains continuously | ||||||
18 | employed as a nursing assistant, habilitation aide, or child | ||||||
19 | care aide. Individuals who have performed no nursing, | ||||||
20 | nursing-related services, or habilitation services for a | ||||||
21 | period of 24 consecutive months shall be listed as inactive | ||||||
22 | and as such do not meet the requirements of this Section. | ||||||
23 | Licensed sheltered care facilities shall be exempt from the | ||||||
24 | requirements of this Section.
| ||||||
25 | (Source: P.A. 100-432, eff. 8-25-17.)
|
| |||||||
| |||||||
1 | (210 ILCS 47/3-702)
| ||||||
2 | Sec. 3-702. Request for investigation of violation. | ||||||
3 | (a) A person who believes that this Act or a rule | ||||||
4 | promulgated under this Act may have been violated may request | ||||||
5 | an investigation. The request may be submitted to the | ||||||
6 | Department in writing, by telephone, by electronic means, or | ||||||
7 | by personal visit. An oral complaint shall be reduced to | ||||||
8 | writing by the Department. The Department shall make | ||||||
9 | available, through
its website and upon request, information | ||||||
10 | regarding the oral
and phone intake processes and the list of | ||||||
11 | questions that will
be asked of the complainant. The | ||||||
12 | Department shall request information identifying the | ||||||
13 | complainant, including the name, address and telephone number, | ||||||
14 | to help enable appropriate follow up. The Department shall act | ||||||
15 | on such complaints via on-site visits or other methods deemed | ||||||
16 | appropriate to handle the complaints with or without such | ||||||
17 | identifying information, as otherwise provided under this | ||||||
18 | Section. The complainant shall be informed that compliance | ||||||
19 | with such request is not required to satisfy the procedures | ||||||
20 | for filing a complaint under this Act. The Department must | ||||||
21 | notify complainants that complaints with less information | ||||||
22 | provided are far more difficult to respond to and investigate. | ||||||
23 | (b) The substance of the complaint shall be provided in | ||||||
24 | writing to the licensee, owner or administrator no earlier | ||||||
25 | than at the commencement of an on-site inspection of the | ||||||
26 | facility which takes place pursuant to the complaint. |
| |||||||
| |||||||
1 | (c) The Department shall not disclose the name of the | ||||||
2 | complainant unless the complainant consents in writing to the | ||||||
3 | disclosure or the investigation results in a judicial | ||||||
4 | proceeding, or unless disclosure is essential to the | ||||||
5 | investigation. The complainant shall be given the opportunity | ||||||
6 | to withdraw the complaint before disclosure. Upon the request | ||||||
7 | of the complainant, the Department may permit the complainant | ||||||
8 | or a representative of the complainant to accompany the person | ||||||
9 | making the on-site inspection of the facility. | ||||||
10 | (d) Upon receipt of a complaint, the Department shall | ||||||
11 | determine whether this Act or a rule promulgated under this | ||||||
12 | Act has been or is being violated. The Department shall | ||||||
13 | investigate all complaints alleging abuse or neglect within 7 | ||||||
14 | days after the receipt of the complaint except that complaints | ||||||
15 | of abuse or neglect which indicate that a resident's life or | ||||||
16 | safety is in imminent danger shall be investigated within 24 | ||||||
17 | hours after receipt of the complaint. All other complaints | ||||||
18 | shall be investigated within 30 days after the receipt of the | ||||||
19 | complaint , except that, during a statewide public health | ||||||
20 | emergency, as defined in the Illinois Emergency Management | ||||||
21 | Agency Act, all other complaints shall be investigated within | ||||||
22 | an appropriate time frame to the extent feasible . The | ||||||
23 | Department employees investigating a complaint shall conduct a | ||||||
24 | brief, informal exit conference with the facility to alert its | ||||||
25 | administration of any suspected serious deficiency that poses | ||||||
26 | a direct threat to the health, safety or welfare of a resident |
| |||||||
| |||||||
1 | to enable an immediate correction for the alleviation or | ||||||
2 | elimination of such threat. Such information and findings | ||||||
3 | discussed in the brief exit conference shall become a part of | ||||||
4 | the investigating record but shall not in any way constitute | ||||||
5 | an official or final notice of violation as provided under | ||||||
6 | Section 3-301. All complaints shall be classified as "an | ||||||
7 | invalid report", "a valid report", or "an undetermined | ||||||
8 | report". For any complaint classified as "a valid report", the | ||||||
9 | Department must determine within 30 working days if any rule | ||||||
10 | or provision of this Act has been or is being violated. | ||||||
11 | (d-1) The Department shall, whenever possible, combine an | ||||||
12 | on site investigation of a complaint in a facility with other | ||||||
13 | inspections in order to avoid duplication of inspections. | ||||||
14 | (e) In all cases, the Department shall inform the | ||||||
15 | complainant of its findings within 10 days of its | ||||||
16 | determination unless otherwise indicated by the complainant, | ||||||
17 | and the complainant may direct the Department to send a copy of | ||||||
18 | such findings to another person. The Department's findings may | ||||||
19 | include comments or documentation provided by either the | ||||||
20 | complainant or the licensee pertaining to the complaint. The | ||||||
21 | Department shall also notify the facility of such findings | ||||||
22 | within 10 days of the determination, but the name of the | ||||||
23 | complainant or residents shall not be disclosed in this notice | ||||||
24 | to the facility. The notice of such findings shall include a | ||||||
25 | copy of the written determination; the correction order, if | ||||||
26 | any; the warning notice, if any; the inspection report; or the |
| |||||||
| |||||||
1 | State licensure form on which the violation is listed. | ||||||
2 | (f) A written determination, correction order, or warning | ||||||
3 | notice concerning a complaint, together with the facility's | ||||||
4 | response, shall be available for public inspection, but the | ||||||
5 | name of the complainant or resident shall not be disclosed | ||||||
6 | without his or her consent. | ||||||
7 | (g) A complainant who is dissatisfied with the | ||||||
8 | determination or investigation by the Department may request a | ||||||
9 | hearing under Section 3-703. The facility shall be given | ||||||
10 | notice of any such hearing and may participate in the hearing | ||||||
11 | as a party. If a facility requests a hearing under Section | ||||||
12 | 3-703 which concerns a matter covered by a complaint, the | ||||||
13 | complainant shall be given notice and may participate in the | ||||||
14 | hearing as a party. A request for a hearing by either a | ||||||
15 | complainant or a facility shall be submitted in writing to the | ||||||
16 | Department within 30 days after the mailing of the | ||||||
17 | Department's findings as described in subsection (e) of this | ||||||
18 | Section. Upon receipt of the request the Department shall | ||||||
19 | conduct a hearing as provided under Section 3-703. | ||||||
20 | (g-5) The Department shall conduct an annual review and
| ||||||
21 | make a report concerning the complaint process that includes
| ||||||
22 | the number of complaints received, the breakdown of anonymous
| ||||||
23 | and non-anonymous complaints and whether the complaints were
| ||||||
24 | substantiated or not, the total number of substantiated
| ||||||
25 | complaints, and any other complaint information requested by
| ||||||
26 | the DD Facility Advisory Board. This report shall be provided |
| |||||||
| |||||||
1 | to the DD Facility Advisory Board. The DD Facility Advisory | ||||||
2 | Board shall review the report and suggest any changes deemed | ||||||
3 | necessary to the Department for review and action, including | ||||||
4 | how to investigate and substantiate anonymous complaints. | ||||||
5 | (h) Any person who knowingly transmits a false report to | ||||||
6 | the Department commits the offense of disorderly conduct under | ||||||
7 | subsection (a)(8) of Section 26-1 of the Criminal Code of | ||||||
8 | 2012.
| ||||||
9 | (Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14.)
| ||||||
10 | Section 30. The Specialized Mental Health Rehabilitation | ||||||
11 | Act of 2013 is amended by changing Section 4-105 as follows:
| ||||||
12 | (210 ILCS 49/4-105)
| ||||||
13 | Sec. 4-105. Provisional licensure duration. A provisional | ||||||
14 | license shall be valid upon fulfilling the requirements | ||||||
15 | established by the Department by emergency rule. The license | ||||||
16 | shall remain valid as long as a facility remains in compliance | ||||||
17 | with the licensure provisions established in rule. Provisional | ||||||
18 | licenses issued upon initial licensure as a specialized mental | ||||||
19 | health rehabilitation facility shall expire at the end of a | ||||||
20 | 3-year period, which commences on the date the provisional | ||||||
21 | license is issued. Issuance of a provisional license for any | ||||||
22 | reason other than initial licensure (including, but not | ||||||
23 | limited to, change of ownership, location, number of beds, or | ||||||
24 | services) shall not extend the maximum 3-year period, at the |
| |||||||
| |||||||
1 | end of which a facility must be licensed pursuant to Section | ||||||
2 | 4-201. An extension for 120 days may be granted if requested | ||||||
3 | and approved by the Department. Notwithstanding any other | ||||||
4 | provision of this Act or the Specialized Mental Health | ||||||
5 | Rehabilitation Facilities Code, 77 Ill. Adm. Admin. Code 380, | ||||||
6 | to the contrary, if a facility has received notice from the | ||||||
7 | Department that its application for provisional licensure to | ||||||
8 | provide recovery and rehabilitation services has been accepted | ||||||
9 | as complete and the facility has attested in writing to the | ||||||
10 | Department that it will comply with the staff training plan | ||||||
11 | approved by the Division of Mental Health, then a provisional | ||||||
12 | license for recovery and rehabilitation services shall be | ||||||
13 | issued to the facility within 60 days after the Department | ||||||
14 | determines that the facility is in compliance with the | ||||||
15 | requirements of the Life Safety Code in accordance with | ||||||
16 | Section 4-104.5 of this Act.
| ||||||
17 | (Source: P.A. 99-712, eff. 8-5-16; 100-365, eff. 8-25-17; | ||||||
18 | revised 2-28-22.)
| ||||||
19 | Section 35. The Illinois Insurance Code is amended by | ||||||
20 | adding Section 356z.61 as follows:
| ||||||
21 | (215 ILCS 5/356z.61 new) | ||||||
22 | Sec. 356z.61. Coverage of pharmacy testing, screening, | ||||||
23 | vaccinations, and treatment. | ||||||
24 | A group or individual policy of accident and health |
| |||||||
| |||||||
1 | insurance or a managed care plan that is amended, delivered, | ||||||
2 | issued, or renewed on or after January 1, 2025 shall provide | ||||||
3 | coverage for health care or patient care services provided by | ||||||
4 | a pharmacist if: | ||||||
5 | (1) the pharmacist meets the requirements and scope of | ||||||
6 | practice described in paragraph (15), (16), or (17) of | ||||||
7 | subsection (d) of Section 3 of the Pharmacy Practice Act; | ||||||
8 | (2) the health plan provides coverage for the same | ||||||
9 | service provided by a licensed physician, an advanced | ||||||
10 | practice registered nurse, or a physician assistant; | ||||||
11 | (3) the pharmacist is included in the health benefit | ||||||
12 | plan's network of participating providers; and | ||||||
13 | (4) reimbursement has been successfully negotiated in | ||||||
14 | good faith between the pharmacist and the health plan.
| ||||||
15 | Section 45. The Medical Practice Act of 1987 is amended by | ||||||
16 | changing Sections 2 and 54.2 as follows:
| ||||||
17 | (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
19 | Sec. 2. Definitions. For purposes of this Act, the
| ||||||
20 | following definitions shall have the following meanings,
| ||||||
21 | except where the context requires otherwise:
| ||||||
22 | "Act" means the Medical Practice Act of 1987.
| ||||||
23 | "Address of record" means the designated address recorded | ||||||
24 | by the Department in the applicant's or licensee's application |
| |||||||
| |||||||
1 | file or license file as maintained by the Department's | ||||||
2 | licensure maintenance unit. | ||||||
3 | "Chiropractic physician" means a person licensed to treat | ||||||
4 | human ailments without the use of drugs and without operative | ||||||
5 | surgery. Nothing in this Act shall be construed to prohibit a | ||||||
6 | chiropractic physician from providing advice regarding the use | ||||||
7 | of non-prescription products or from administering atmospheric | ||||||
8 | oxygen. Nothing in this Act shall be construed to authorize a | ||||||
9 | chiropractic physician to prescribe drugs. | ||||||
10 | "Department" means the Department of Financial and | ||||||
11 | Professional Regulation.
| ||||||
12 | "Disciplinary action" means revocation,
suspension, | ||||||
13 | probation, supervision, practice modification,
reprimand, | ||||||
14 | required education, fines or any other action
taken by the | ||||||
15 | Department against a person holding a license.
| ||||||
16 | "Email address of record" means the designated email | ||||||
17 | address recorded by the Department in the applicant's | ||||||
18 | application file or the licensee's license file, as maintained | ||||||
19 | by the Department's licensure maintenance unit. | ||||||
20 | "Final determination" means the governing body's
final | ||||||
21 | action taken under the procedure followed by a health
care | ||||||
22 | institution, or professional association or society,
against | ||||||
23 | any person licensed under the Act in accordance with
the | ||||||
24 | bylaws or rules and regulations of such health care
| ||||||
25 | institution, or professional association or society.
| ||||||
26 | "Fund" means the Illinois State Medical Disciplinary Fund.
|
| |||||||
| |||||||
1 | "Impaired" means the inability to practice
medicine with | ||||||
2 | reasonable skill and safety due to physical or
mental | ||||||
3 | disabilities as evidenced by a written determination
or | ||||||
4 | written consent based on clinical evidence including
| ||||||
5 | deterioration through the aging process or loss of motor
| ||||||
6 | skill, or abuse of drugs or alcohol, of sufficient degree to
| ||||||
7 | diminish a person's ability to deliver competent patient
care.
| ||||||
8 | "International medical graduate" means a medical graduate | ||||||
9 | (i) who has been trained in a country other than the United | ||||||
10 | States; (ii) whose education has been certified by the | ||||||
11 | Educational Commission for Foreign Medical Graduates; (iii) | ||||||
12 | who has passed Step 1, Step 2 Clinical Knowledge, and Step 3 of | ||||||
13 | the United States Medical Licensing Examination as required by | ||||||
14 | this Act; (iv) who maintains an unencumbered license from | ||||||
15 | another country; and (v) who is not licensed to practice | ||||||
16 | medicine in any state or territory of the United States. | ||||||
17 | "Medical Board" means the Illinois State Medical Board. | ||||||
18 | "Physician" means a person licensed under the
Medical | ||||||
19 | Practice Act to practice medicine in all of its
branches or a | ||||||
20 | chiropractic physician.
| ||||||
21 | "Professional association" means an association or
society | ||||||
22 | of persons licensed under this Act, and operating
within the | ||||||
23 | State of Illinois, including but not limited to,
medical | ||||||
24 | societies, osteopathic organizations, and
chiropractic | ||||||
25 | organizations, but this term shall not be
deemed to include | ||||||
26 | hospital medical staffs.
|
| |||||||
| |||||||
1 | "Program of care, counseling, or treatment" means
a | ||||||
2 | written schedule of organized treatment, care, counseling,
| ||||||
3 | activities, or education, satisfactory to the Medical
Board, | ||||||
4 | designed for the purpose of restoring an impaired
person to a | ||||||
5 | condition whereby the impaired person can
practice medicine | ||||||
6 | with reasonable skill and safety of a
sufficient degree to | ||||||
7 | deliver competent patient care.
| ||||||
8 | "Reinstate" means to change the status of a license or | ||||||
9 | permit from inactive or nonrenewed status to active status. | ||||||
10 | "Restore" means to remove an encumbrance from a license | ||||||
11 | due to probation, suspension, or revocation. | ||||||
12 | "Secretary" means the Secretary of Financial and | ||||||
13 | Professional Regulation. | ||||||
14 | (Source: P.A. 102-20, eff. 1-1-22; 102-1117, eff. 1-13-23.)
| ||||||
15 | (225 ILCS 60/54.2) | ||||||
16 | (Section scheduled to be repealed on January 1, 2027) | ||||||
17 | Sec. 54.2. Physician delegation of authority. | ||||||
18 | (a) Nothing in this Act shall be construed to limit the | ||||||
19 | delegation of patient care tasks or duties by a physician, to a | ||||||
20 | licensed practical nurse, a registered professional nurse, or | ||||||
21 | other licensed person practicing within the scope of his or | ||||||
22 | her individual licensing Act. Delegation by a physician | ||||||
23 | licensed to practice medicine in all its branches to physician | ||||||
24 | assistants or advanced practice registered nurses is also | ||||||
25 | addressed in Section 54.5 of this Act. No physician may |
| |||||||
| |||||||
1 | delegate any patient care task or duty that is statutorily or | ||||||
2 | by rule mandated to be performed by a physician. | ||||||
3 | (b) In an office or practice setting and within a | ||||||
4 | physician-patient relationship, a physician may delegate | ||||||
5 | patient care tasks or duties to an unlicensed person who | ||||||
6 | possesses appropriate training and experience provided a | ||||||
7 | health care professional, who is practicing within the scope | ||||||
8 | of such licensed professional's individual licensing Act, is | ||||||
9 | on site to provide assistance. | ||||||
10 | (c) Any such patient care task or duty delegated to a | ||||||
11 | licensed or unlicensed person must be within the scope of | ||||||
12 | practice, education, training, or experience of the delegating | ||||||
13 | physician and within the context of a physician-patient | ||||||
14 | relationship. | ||||||
15 | (d) Nothing in this Section shall be construed to affect | ||||||
16 | referrals for professional services required by law. | ||||||
17 | (e) The Department shall have the authority to promulgate | ||||||
18 | rules concerning a physician's delegation, including but not | ||||||
19 | limited to, the use of light emitting devices for patient care | ||||||
20 | or treatment.
| ||||||
21 | (f) Nothing in this Act shall be construed to limit the | ||||||
22 | method of delegation that may be authorized by any means, | ||||||
23 | including, but not limited to, oral, written, electronic, | ||||||
24 | standing orders, protocols, guidelines, or verbal orders. | ||||||
25 | (g) A physician licensed to practice medicine in all of | ||||||
26 | its branches under this Act may delegate any and all authority |
| |||||||
| |||||||
1 | prescribed to him or her by law to international medical | ||||||
2 | graduate physicians, so long as the tasks or duties are within | ||||||
3 | the scope of practice, education, training, or experience of | ||||||
4 | the delegating physician who is on site to provide assistance. | ||||||
5 | An international medical graduate working in Illinois pursuant | ||||||
6 | to this subsection is subject to all statutory and regulatory | ||||||
7 | requirements of this Act, as applicable, relating to the | ||||||
8 | standards of care. An international medical graduate physician | ||||||
9 | is limited to providing treatment under the supervision of a | ||||||
10 | physician licensed to practice medicine in all of its | ||||||
11 | branches. The supervising physician or employer must keep | ||||||
12 | record of and make available upon request by the Department | ||||||
13 | the following: (1) evidence of education certified by the | ||||||
14 | Educational Commission for Foreign Medical Graduates; (2) | ||||||
15 | evidence of passage of Step 1, Step 2 Clinical Knowledge, and | ||||||
16 | Step 3 of the United States Medical Licensing Examination as | ||||||
17 | required by this Act; and (3) evidence of an unencumbered | ||||||
18 | license from another country. This subsection does not apply | ||||||
19 | to any international medical graduate whose license as a | ||||||
20 | physician is revoked, suspended, or otherwise encumbered. | ||||||
21 | (Source: P.A. 100-513, eff. 1-1-18 .)
| ||||||
22 | Section 50. The Pharmacy Practice Act is amended by | ||||||
23 | changing Section 3 and by adding Section 9.6 as follows:
| ||||||
24 | (225 ILCS 85/3)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
2 | Sec. 3. Definitions. For the purpose of this Act, except | ||||||
3 | where otherwise
limited therein:
| ||||||
4 | (a) "Pharmacy" or "drugstore" means and includes every | ||||||
5 | store, shop,
pharmacy department, or other place where | ||||||
6 | pharmacist
care is
provided
by a pharmacist (1) where drugs, | ||||||
7 | medicines, or poisons are
dispensed, sold or
offered for sale | ||||||
8 | at retail, or displayed for sale at retail; or
(2)
where
| ||||||
9 | prescriptions of physicians, dentists, advanced practice | ||||||
10 | registered nurses, physician assistants, veterinarians, | ||||||
11 | podiatric physicians, or
optometrists, within the limits of | ||||||
12 | their
licenses, are
compounded, filled, or dispensed; or (3) | ||||||
13 | which has upon it or
displayed within
it, or affixed to or used | ||||||
14 | in connection with it, a sign bearing the word or
words | ||||||
15 | "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical
Care", | ||||||
16 | "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", | ||||||
17 | "Drugs", "Dispensary", "Medicines", or any word
or words of | ||||||
18 | similar or like import, either in the English language
or any | ||||||
19 | other language; or (4) where the characteristic prescription
| ||||||
20 | sign (Rx) or similar design is exhibited; or (5) any store, or
| ||||||
21 | shop,
or other place with respect to which any of the above | ||||||
22 | words, objects,
signs or designs are used in any | ||||||
23 | advertisement.
| ||||||
24 | (b) "Drugs" means and includes (1) articles recognized
in | ||||||
25 | the official United States Pharmacopoeia/National Formulary | ||||||
26 | (USP/NF),
or any supplement thereto and being intended for and |
| |||||||
| |||||||
1 | having for their
main use the diagnosis, cure, mitigation, | ||||||
2 | treatment or prevention of
disease in man or other animals, as | ||||||
3 | approved by the United States Food and
Drug Administration, | ||||||
4 | but does not include devices or their components, parts,
or | ||||||
5 | accessories; and (2) all other articles intended
for and | ||||||
6 | having for their main use the diagnosis, cure, mitigation,
| ||||||
7 | treatment or prevention of disease in man or other animals, as | ||||||
8 | approved
by the United States Food and Drug Administration, | ||||||
9 | but does not include
devices or their components, parts, or | ||||||
10 | accessories; and (3) articles
(other than food) having for | ||||||
11 | their main use and intended
to affect the structure or any | ||||||
12 | function of the body of man or other
animals; and (4) articles | ||||||
13 | having for their main use and intended
for use as a component | ||||||
14 | or any articles specified in clause (1), (2)
or (3); but does | ||||||
15 | not include devices or their components, parts or
accessories.
| ||||||
16 | (c) "Medicines" means and includes all drugs intended for
| ||||||
17 | human or veterinary use approved by the United States Food and | ||||||
18 | Drug
Administration.
| ||||||
19 | (d) "Practice of pharmacy" means: | ||||||
20 | (1) the interpretation and the provision of assistance | ||||||
21 | in the monitoring, evaluation, and implementation of | ||||||
22 | prescription drug orders; | ||||||
23 | (2) the dispensing of prescription drug orders; | ||||||
24 | (3) participation in drug and device selection; | ||||||
25 | (4) drug administration limited to the administration | ||||||
26 | of oral, topical, injectable, and inhalation as follows: |
| |||||||
| |||||||
1 | (A) in the context of patient education on the | ||||||
2 | proper use or delivery of medications; | ||||||
3 | (B) vaccination of patients 7 years of age and | ||||||
4 | older pursuant to a valid prescription or standing | ||||||
5 | order, by a physician licensed to practice medicine in | ||||||
6 | all its branches, except for vaccinations covered by | ||||||
7 | paragraph (15), upon completion of appropriate | ||||||
8 | training, including how to address contraindications | ||||||
9 | and adverse reactions set forth by rule, with | ||||||
10 | notification to the patient's physician and | ||||||
11 | appropriate record retention, or pursuant to hospital | ||||||
12 | pharmacy and therapeutics committee policies and | ||||||
13 | procedures. Eligible vaccines are those listed on the | ||||||
14 | U.S. Centers for Disease Control and Prevention (CDC) | ||||||
15 | Recommended Immunization Schedule, the CDC's Health | ||||||
16 | Information for International Travel, or the U.S. Food | ||||||
17 | and Drug Administration's Vaccines Licensed and | ||||||
18 | Authorized for Use in the United States. As applicable | ||||||
19 | to the State's Medicaid program and other payers, | ||||||
20 | vaccines ordered and administered in accordance with | ||||||
21 | this subsection shall be covered and reimbursed at no | ||||||
22 | less than the rate that the vaccine is reimbursed when | ||||||
23 | ordered and administered by a physician; | ||||||
24 | (B-5) following the initial administration of | ||||||
25 | long-acting or extended-release form opioid | ||||||
26 | antagonists by a physician licensed to practice |
| |||||||
| |||||||
1 | medicine in all its branches, administration of | ||||||
2 | injections of long-acting or extended-release form | ||||||
3 | opioid antagonists for the treatment of substance use | ||||||
4 | disorder, pursuant to a valid prescription by a | ||||||
5 | physician licensed to practice medicine in all its | ||||||
6 | branches, upon completion of appropriate training, | ||||||
7 | including how to address contraindications and adverse | ||||||
8 | reactions, including, but not limited to, respiratory | ||||||
9 | depression and the performance of cardiopulmonary | ||||||
10 | resuscitation, set forth by rule, with notification to | ||||||
11 | the patient's physician and appropriate record | ||||||
12 | retention, or pursuant to hospital pharmacy and | ||||||
13 | therapeutics committee policies and procedures; | ||||||
14 | (C) administration of injections of | ||||||
15 | alpha-hydroxyprogesterone caproate, pursuant to a | ||||||
16 | valid prescription, by a physician licensed to | ||||||
17 | practice medicine in all its branches, upon completion | ||||||
18 | of appropriate training, including how to address | ||||||
19 | contraindications and adverse reactions set forth by | ||||||
20 | rule, with notification to the patient's physician and | ||||||
21 | appropriate record retention, or pursuant to hospital | ||||||
22 | pharmacy and therapeutics committee policies and | ||||||
23 | procedures; and | ||||||
24 | (D) administration of injections of long-term | ||||||
25 | antipsychotic medications pursuant to a valid | ||||||
26 | prescription by a physician licensed to practice |
| |||||||
| |||||||
1 | medicine in all its branches, upon completion of | ||||||
2 | appropriate training conducted by an Accreditation | ||||||
3 | Council of Pharmaceutical Education accredited | ||||||
4 | provider, including how to address contraindications | ||||||
5 | and adverse reactions set forth by rule, with | ||||||
6 | notification to the patient's physician and | ||||||
7 | appropriate record retention, or pursuant to hospital | ||||||
8 | pharmacy and therapeutics committee policies and | ||||||
9 | procedures. | ||||||
10 | (5) (blank); | ||||||
11 | (6) drug regimen review; | ||||||
12 | (7) drug or drug-related research; | ||||||
13 | (8) the provision of patient counseling; | ||||||
14 | (9) the practice of telepharmacy; | ||||||
15 | (10) the provision of those acts or services necessary | ||||||
16 | to provide pharmacist care; | ||||||
17 | (11) medication therapy management; | ||||||
18 | (12) the responsibility for compounding and labeling | ||||||
19 | of drugs and devices (except labeling by a manufacturer, | ||||||
20 | repackager, or distributor of non-prescription drugs and | ||||||
21 | commercially packaged legend drugs and devices), proper | ||||||
22 | and safe storage of drugs and devices, and maintenance of | ||||||
23 | required records; | ||||||
24 | (13) the assessment and consultation of patients and | ||||||
25 | dispensing of hormonal contraceptives; and | ||||||
26 | (14) the initiation, dispensing, or administration of
|
| |||||||
| |||||||
1 | drugs, laboratory tests, assessments, referrals, and
| ||||||
2 | consultations for human immunodeficiency virus | ||||||
3 | pre-exposure prophylaxis and human immunodeficiency virus
| ||||||
4 | post-exposure prophylaxis under Section 43.5 ; . | ||||||
5 | (15) vaccination of patients 7 years of age and older | ||||||
6 | for COVID-19 or influenza subcutaneously, intramuscularly, | ||||||
7 | or orally as authorized, approved, or licensed by the | ||||||
8 | United States Food and Drug Administration, pursuant to | ||||||
9 | the following conditions: | ||||||
10 | (A) the vaccine must be authorized or licensed by | ||||||
11 | the United States Food and Drug Administration; | ||||||
12 | (B) the vaccine must be ordered and administered | ||||||
13 | according to the Advisory Committee on Immunization | ||||||
14 | Practices standard immunization schedule; | ||||||
15 | (C) the pharmacist must complete a course of | ||||||
16 | training accredited by the Accreditation Council on | ||||||
17 | Pharmacy Education or a similar health authority or | ||||||
18 | professional body approved by the Division of | ||||||
19 | Professional Regulation; | ||||||
20 | (D) the pharmacist must have a current certificate | ||||||
21 | in basic cardiopulmonary resuscitation; | ||||||
22 | (E) the pharmacist must complete, during each | ||||||
23 | State licensing period, a minimum of 2 hours of | ||||||
24 | immunization-related continuing pharmacy education | ||||||
25 | approved by the Accreditation Council on Pharmacy | ||||||
26 | Education; |
| |||||||
| |||||||
1 | (F) the pharmacist must comply with recordkeeping | ||||||
2 | and reporting requirements of the jurisdiction in | ||||||
3 | which the pharmacist administers vaccines, including | ||||||
4 | informing the patient's primary-care provider, when | ||||||
5 | available, and complying with requirements whereby the | ||||||
6 | person administering a vaccine must review the vaccine | ||||||
7 | registry or other vaccination records prior to | ||||||
8 | administering the vaccine; and | ||||||
9 | (G) the pharmacist must inform the pharmacist's | ||||||
10 | patients who are less than 18 years old, as well as the | ||||||
11 | adult caregiver accompanying the child, of the | ||||||
12 | importance of a well-child visit with a pediatrician | ||||||
13 | or other licensed primary-care provider and must refer | ||||||
14 | patients as appropriate; | ||||||
15 | (16) the ordering and administration of COVID-19 | ||||||
16 | therapeutics subcutaneously, intramuscularly, or orally | ||||||
17 | with notification to the patient's physician and | ||||||
18 | appropriate record retention or pursuant to hospital | ||||||
19 | pharmacy and therapeutics committee policies and | ||||||
20 | procedures. Eligible therapeutics are those approved, | ||||||
21 | authorized, or licensed by the United States Food and Drug | ||||||
22 | Administration and must be administered subcutaneously, | ||||||
23 | intramuscularly, or orally in accordance with that | ||||||
24 | approval, authorization, or licensing; and | ||||||
25 | (17) the ordering and administration of tests and | ||||||
26 | screenings for (i) influenza, (ii) SARS-COV 2, and (iii) |
| |||||||
| |||||||
1 | health conditions identified by a statewide public health | ||||||
2 | emergency, as defined in the Illinois Emergency Management | ||||||
3 | Agency Act, with notification to the patient's physician | ||||||
4 | and appropriate record retention or pursuant to hospital | ||||||
5 | pharmacy and therapeutics committee policies and | ||||||
6 | procedures. Eligible tests and screenings are those | ||||||
7 | approved, authorized, or licensed by the United States | ||||||
8 | Food and Drug Administration and must be administered in | ||||||
9 | accordance with that approval, authorization, or | ||||||
10 | licensing. | ||||||
11 | A pharmacist who orders or administers tests or | ||||||
12 | screenings for health conditions described in this | ||||||
13 | paragraph may use a test that may guide clinical | ||||||
14 | decision-making for the health condition that is waived | ||||||
15 | under the federal Clinical Laboratory Improvement | ||||||
16 | Amendments of 1988 and regulations promulgated thereunder | ||||||
17 | or any established screening procedure that is established | ||||||
18 | under a statewide protocol. | ||||||
19 | A pharmacist may delegate the administrative and | ||||||
20 | technical tasks of performing a test for the health | ||||||
21 | conditions described in this paragraph to a registered | ||||||
22 | pharmacy technician or student pharmacist acting under the | ||||||
23 | supervision of the pharmacist. | ||||||
24 | A pharmacist who performs any of the acts defined as the | ||||||
25 | practice of pharmacy in this State must be actively licensed | ||||||
26 | as a pharmacist under this Act.
|
| |||||||
| |||||||
1 | (e) "Prescription" means and includes any written, oral, | ||||||
2 | facsimile, or
electronically transmitted order for drugs
or | ||||||
3 | medical devices, issued by a physician licensed to practice | ||||||
4 | medicine in
all its branches, dentist, veterinarian, podiatric | ||||||
5 | physician, or
optometrist, within the
limits of his or her | ||||||
6 | license, by a physician assistant in accordance with
| ||||||
7 | subsection (f) of Section 4, or by an advanced practice | ||||||
8 | registered nurse in
accordance with subsection (g) of Section | ||||||
9 | 4, containing the
following: (1) name
of the patient; (2) date | ||||||
10 | when prescription was issued; (3) name
and strength of drug or | ||||||
11 | description of the medical device prescribed;
and (4) | ||||||
12 | quantity; (5) directions for use; (6) prescriber's name,
| ||||||
13 | address,
and signature; and (7) DEA registration number where | ||||||
14 | required, for controlled
substances.
The prescription may, but | ||||||
15 | is not required to, list the illness, disease, or condition | ||||||
16 | for which the drug or device is being prescribed. DEA | ||||||
17 | registration numbers shall not be required on inpatient drug | ||||||
18 | orders. A prescription for medication other than controlled | ||||||
19 | substances shall be valid for up to 15 months from the date | ||||||
20 | issued for the purpose of refills, unless the prescription | ||||||
21 | states otherwise.
| ||||||
22 | (f) "Person" means and includes a natural person, | ||||||
23 | partnership,
association, corporation, government entity, or | ||||||
24 | any other legal
entity.
| ||||||
25 | (g) "Department" means the Department of Financial and
| ||||||
26 | Professional Regulation.
|
| |||||||
| |||||||
1 | (h) "Board of Pharmacy" or "Board" means the State Board
| ||||||
2 | of Pharmacy of the Department of Financial and Professional | ||||||
3 | Regulation.
| ||||||
4 | (i) "Secretary"
means the Secretary
of Financial and | ||||||
5 | Professional Regulation.
| ||||||
6 | (j) "Drug product selection" means the interchange for a
| ||||||
7 | prescribed pharmaceutical product in accordance with Section | ||||||
8 | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | ||||||
9 | Cosmetic Act.
| ||||||
10 | (k) "Inpatient drug order" means an order issued by an | ||||||
11 | authorized
prescriber for a resident or patient of a facility | ||||||
12 | licensed under the
Nursing Home Care Act, the ID/DD Community | ||||||
13 | Care Act, the MC/DD Act, the Specialized Mental Health | ||||||
14 | Rehabilitation Act of 2013, the Hospital Licensing Act, or the | ||||||
15 | University of Illinois Hospital Act, or a facility which is | ||||||
16 | operated by the Department of Human
Services (as successor to | ||||||
17 | the Department of Mental Health
and Developmental | ||||||
18 | Disabilities) or the Department of Corrections.
| ||||||
19 | (k-5) "Pharmacist" means an individual health care | ||||||
20 | professional and
provider currently licensed by this State to | ||||||
21 | engage in the practice of
pharmacy.
| ||||||
22 | (l) "Pharmacist in charge" means the licensed pharmacist | ||||||
23 | whose name appears
on a pharmacy license and who is | ||||||
24 | responsible for all aspects of the
operation related to the | ||||||
25 | practice of pharmacy.
| ||||||
26 | (m) "Dispense" or "dispensing" means the interpretation, |
| |||||||
| |||||||
1 | evaluation, and implementation of a prescription drug order, | ||||||
2 | including the preparation and delivery of a drug or device to a | ||||||
3 | patient or patient's agent in a suitable container | ||||||
4 | appropriately labeled for subsequent administration to or use | ||||||
5 | by a patient in accordance with applicable State and federal | ||||||
6 | laws and regulations.
"Dispense" or "dispensing" does not mean | ||||||
7 | the physical delivery to a patient or a
patient's | ||||||
8 | representative in a home or institution by a designee of a | ||||||
9 | pharmacist
or by common carrier. "Dispense" or "dispensing" | ||||||
10 | also does not mean the physical delivery
of a drug or medical | ||||||
11 | device to a patient or patient's representative by a
| ||||||
12 | pharmacist's designee within a pharmacy or drugstore while the | ||||||
13 | pharmacist is
on duty and the pharmacy is open.
| ||||||
14 | (n) "Nonresident pharmacy"
means a pharmacy that is | ||||||
15 | located in a state, commonwealth, or territory
of the United | ||||||
16 | States, other than Illinois, that delivers, dispenses, or
| ||||||
17 | distributes, through the United States Postal Service, | ||||||
18 | commercially acceptable parcel delivery service, or other | ||||||
19 | common
carrier, to Illinois residents, any substance which | ||||||
20 | requires a prescription.
| ||||||
21 | (o) "Compounding" means the preparation and mixing of | ||||||
22 | components, excluding flavorings, (1) as the result of a | ||||||
23 | prescriber's prescription drug order or initiative based on | ||||||
24 | the prescriber-patient-pharmacist relationship in the course | ||||||
25 | of professional practice or (2) for the purpose of, or | ||||||
26 | incident to, research, teaching, or chemical analysis and not |
| |||||||
| |||||||
1 | for sale or dispensing. "Compounding" includes the preparation | ||||||
2 | of drugs or devices in anticipation of receiving prescription | ||||||
3 | drug orders based on routine, regularly observed dispensing | ||||||
4 | patterns. Commercially available products may be compounded | ||||||
5 | for dispensing to individual patients only if all of the | ||||||
6 | following conditions are met: (i) the commercial product is | ||||||
7 | not reasonably available from normal distribution channels in | ||||||
8 | a timely manner to meet the patient's needs and (ii) the | ||||||
9 | prescribing practitioner has requested that the drug be | ||||||
10 | compounded.
| ||||||
11 | (p) (Blank).
| ||||||
12 | (q) (Blank).
| ||||||
13 | (r) "Patient counseling" means the communication between a | ||||||
14 | pharmacist or a student pharmacist under the supervision of a | ||||||
15 | pharmacist and a patient or the patient's representative about | ||||||
16 | the patient's medication or device for the purpose of | ||||||
17 | optimizing proper use of prescription medications or devices. | ||||||
18 | "Patient counseling" may include without limitation (1) | ||||||
19 | obtaining a medication history; (2) acquiring a patient's | ||||||
20 | allergies and health conditions; (3) facilitation of the | ||||||
21 | patient's understanding of the intended use of the medication; | ||||||
22 | (4) proper directions for use; (5) significant potential | ||||||
23 | adverse events; (6) potential food-drug interactions; and (7) | ||||||
24 | the need to be compliant with the medication therapy. A | ||||||
25 | pharmacy technician may only participate in the following | ||||||
26 | aspects of patient counseling under the supervision of a |
| |||||||
| |||||||
1 | pharmacist: (1) obtaining medication history; (2) providing | ||||||
2 | the offer for counseling by a pharmacist or student | ||||||
3 | pharmacist; and (3) acquiring a patient's allergies and health | ||||||
4 | conditions.
| ||||||
5 | (s) "Patient profiles" or "patient drug therapy record" | ||||||
6 | means the
obtaining, recording, and maintenance of patient | ||||||
7 | prescription
information, including prescriptions for | ||||||
8 | controlled substances, and
personal information.
| ||||||
9 | (t) (Blank).
| ||||||
10 | (u) "Medical device" or "device" means an instrument, | ||||||
11 | apparatus, implement, machine,
contrivance, implant, in vitro | ||||||
12 | reagent, or other similar or related article,
including any | ||||||
13 | component part or accessory, required under federal law to
| ||||||
14 | bear the label "Caution: Federal law requires dispensing by or | ||||||
15 | on the order
of a physician". A seller of goods and services | ||||||
16 | who, only for the purpose of
retail sales, compounds, sells, | ||||||
17 | rents, or leases medical devices shall not,
by reasons | ||||||
18 | thereof, be required to be a licensed pharmacy.
| ||||||
19 | (v) "Unique identifier" means an electronic signature, | ||||||
20 | handwritten
signature or initials, thumb print, or other | ||||||
21 | acceptable biometric
or electronic identification process as | ||||||
22 | approved by the Department.
| ||||||
23 | (w) "Current usual and customary retail price" means the | ||||||
24 | price that a pharmacy charges to a non-third-party payor.
| ||||||
25 | (x) "Automated pharmacy system" means a mechanical system | ||||||
26 | located within the confines of the pharmacy or remote location |
| |||||||
| |||||||
1 | that performs operations or activities, other than compounding | ||||||
2 | or administration, relative to storage, packaging, dispensing, | ||||||
3 | or distribution of medication, and which collects, controls, | ||||||
4 | and maintains all transaction information. | ||||||
5 | (y) "Drug regimen review" means and includes the | ||||||
6 | evaluation of prescription drug orders and patient records for | ||||||
7 | (1)
known allergies; (2) drug or potential therapy | ||||||
8 | contraindications;
(3) reasonable dose, duration of use, and | ||||||
9 | route of administration, taking into consideration factors | ||||||
10 | such as age, gender, and contraindications; (4) reasonable | ||||||
11 | directions for use; (5) potential or actual adverse drug | ||||||
12 | reactions; (6) drug-drug interactions; (7) drug-food | ||||||
13 | interactions; (8) drug-disease contraindications; (9) | ||||||
14 | therapeutic duplication; (10) patient laboratory values when | ||||||
15 | authorized and available; (11) proper utilization (including | ||||||
16 | over or under utilization) and optimum therapeutic outcomes; | ||||||
17 | and (12) abuse and misuse.
| ||||||
18 | (z) "Electronically transmitted prescription" means a | ||||||
19 | prescription that is created, recorded, or stored by | ||||||
20 | electronic means; issued and validated with an electronic | ||||||
21 | signature; and transmitted by electronic means directly from | ||||||
22 | the prescriber to a pharmacy. An electronic prescription is | ||||||
23 | not an image of a physical prescription that is transferred by | ||||||
24 | electronic means from computer to computer, facsimile to | ||||||
25 | facsimile, or facsimile to computer.
| ||||||
26 | (aa) "Medication therapy management services" means a |
| |||||||
| |||||||
1 | distinct service or group of services offered by licensed | ||||||
2 | pharmacists, physicians licensed to practice medicine in all | ||||||
3 | its branches, advanced practice registered nurses authorized | ||||||
4 | in a written agreement with a physician licensed to practice | ||||||
5 | medicine in all its branches, or physician assistants | ||||||
6 | authorized in guidelines by a supervising physician that | ||||||
7 | optimize therapeutic outcomes for individual patients through | ||||||
8 | improved medication use. In a retail or other non-hospital | ||||||
9 | pharmacy, medication therapy management services shall consist | ||||||
10 | of the evaluation of prescription drug orders and patient | ||||||
11 | medication records to resolve conflicts with the following: | ||||||
12 | (1) known allergies; | ||||||
13 | (2) drug or potential therapy contraindications; | ||||||
14 | (3) reasonable dose, duration of use, and route of | ||||||
15 | administration, taking into consideration factors such as | ||||||
16 | age, gender, and contraindications; | ||||||
17 | (4) reasonable directions for use; | ||||||
18 | (5) potential or actual adverse drug reactions; | ||||||
19 | (6) drug-drug interactions; | ||||||
20 | (7) drug-food interactions; | ||||||
21 | (8) drug-disease contraindications; | ||||||
22 | (9) identification of therapeutic duplication; | ||||||
23 | (10) patient laboratory values when authorized and | ||||||
24 | available; | ||||||
25 | (11) proper utilization (including over or under | ||||||
26 | utilization) and optimum therapeutic outcomes; and |
| |||||||
| |||||||
1 | (12) drug abuse and misuse. | ||||||
2 | "Medication therapy management services" includes the | ||||||
3 | following: | ||||||
4 | (1) documenting the services delivered and | ||||||
5 | communicating the information provided to patients' | ||||||
6 | prescribers within an appropriate time frame, not to | ||||||
7 | exceed 48 hours; | ||||||
8 | (2) providing patient counseling designed to enhance a | ||||||
9 | patient's understanding and the appropriate use of his or | ||||||
10 | her medications; and | ||||||
11 | (3) providing information, support services, and | ||||||
12 | resources designed to enhance a patient's adherence with | ||||||
13 | his or her prescribed therapeutic regimens. | ||||||
14 | "Medication therapy management services" may also include | ||||||
15 | patient care functions authorized by a physician licensed to | ||||||
16 | practice medicine in all its branches for his or her | ||||||
17 | identified patient or groups of patients under specified | ||||||
18 | conditions or limitations in a standing order from the | ||||||
19 | physician. | ||||||
20 | "Medication therapy management services" in a licensed | ||||||
21 | hospital may also include the following: | ||||||
22 | (1) reviewing assessments of the patient's health | ||||||
23 | status; and | ||||||
24 | (2) following protocols of a hospital pharmacy and | ||||||
25 | therapeutics committee with respect to the fulfillment of | ||||||
26 | medication orders.
|
| |||||||
| |||||||
1 | (bb) "Pharmacist care" means the provision by a pharmacist | ||||||
2 | of medication therapy management services, with or without the | ||||||
3 | dispensing of drugs or devices, intended to achieve outcomes | ||||||
4 | that improve patient health, quality of life, and comfort and | ||||||
5 | enhance patient safety.
| ||||||
6 | (cc) "Protected health information" means individually | ||||||
7 | identifiable health information that, except as otherwise | ||||||
8 | provided, is:
| ||||||
9 | (1) transmitted by electronic media; | ||||||
10 | (2) maintained in any medium set forth in the | ||||||
11 | definition of "electronic media" in the federal Health | ||||||
12 | Insurance Portability and Accountability Act; or | ||||||
13 | (3) transmitted or maintained in any other form or | ||||||
14 | medium. | ||||||
15 | "Protected health information" does not include | ||||||
16 | individually identifiable health information found in: | ||||||
17 | (1) education records covered by the federal Family | ||||||
18 | Educational Right and Privacy Act; or | ||||||
19 | (2) employment records held by a licensee in its role | ||||||
20 | as an employer. | ||||||
21 | (dd) "Standing order" means a specific order for a patient | ||||||
22 | or group of patients issued by a physician licensed to | ||||||
23 | practice medicine in all its branches in Illinois. | ||||||
24 | (ee) "Address of record" means the designated address | ||||||
25 | recorded by the Department in the applicant's application file | ||||||
26 | or licensee's license file maintained by the Department's |
| |||||||
| |||||||
1 | licensure maintenance unit. | ||||||
2 | (ff) "Home pharmacy" means the location of a pharmacy's | ||||||
3 | primary operations.
| ||||||
4 | (gg) "Email address of record" means the designated email | ||||||
5 | address recorded by the Department in the applicant's | ||||||
6 | application file or the licensee's license file, as maintained | ||||||
7 | by the Department's licensure maintenance unit. | ||||||
8 | (Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21; | ||||||
9 | 102-103, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. | ||||||
10 | 5-13-22; 102-1051, eff. 1-1-23 .)
| ||||||
11 | (225 ILCS 85/9.6 new) | ||||||
12 | Sec. 9.6. Administration of vaccines and therapeutics by | ||||||
13 | registered pharmacy technicians and student pharmacists. | ||||||
14 | (a) Under the supervision of an appropriately trained | ||||||
15 | pharmacist, a registered pharmacy technician or student | ||||||
16 | pharmacist may administer COVID-19 and influenza vaccines | ||||||
17 | subcutaneously, intramuscularly, or orally as authorized, | ||||||
18 | approved, or licensed by the United States Food and Drug | ||||||
19 | Administration, subject to the following conditions: | ||||||
20 | (1) the vaccination must be ordered by the supervising | ||||||
21 | pharmacist; | ||||||
22 | (2) the supervising pharmacist must be readily and | ||||||
23 | immediately available to the immunizing pharmacy | ||||||
24 | technician or student pharmacist; | ||||||
25 | (3) the pharmacy technician or student pharmacist must |
| |||||||
| |||||||
1 | complete a practical training program that is approved by | ||||||
2 | the Accreditation Council for Pharmacy Education and that | ||||||
3 | includes hands-on injection technique training and | ||||||
4 | training in the recognition and treatment of emergency | ||||||
5 | reactions to vaccines; | ||||||
6 | (4) the pharmacy technician or student pharmacist must | ||||||
7 | have a current certificate in basic cardiopulmonary | ||||||
8 | resuscitation; | ||||||
9 | (5) the pharmacy technician or student pharmacist must | ||||||
10 | complete, during the relevant licensing period, a minimum | ||||||
11 | of 2 hours of immunization-related continuing pharmacy | ||||||
12 | education that is approved by the Accreditation Council | ||||||
13 | for Pharmacy Education; | ||||||
14 | (6) the supervising pharmacist must comply with all | ||||||
15 | relevant recordkeeping and reporting requirements; | ||||||
16 | (7) the supervising pharmacist must be responsible for | ||||||
17 | complying with requirements related to reporting adverse | ||||||
18 | events; | ||||||
19 | (8) the supervising pharmacist must review the vaccine | ||||||
20 | registry or other vaccination records prior to ordering | ||||||
21 | the vaccination to be administered by the pharmacy | ||||||
22 | technician or student pharmacist; | ||||||
23 | (9) the pharmacy technician or student pharmacist | ||||||
24 | must, if the patient is 18 years of age or younger, inform | ||||||
25 | the patient and the adult caregiver accompanying the | ||||||
26 | patient of the importance of a well-child visit with a |
| |||||||
| |||||||
1 | pediatrician or other licensed primary-care provider and | ||||||
2 | must refer patients as appropriate; | ||||||
3 | (10) in the case of a COVID-19 vaccine, the | ||||||
4 | vaccination must be ordered and administered according to | ||||||
5 | the Advisory Committee on Immunization Practices' COVID-19 | ||||||
6 | vaccine recommendations; | ||||||
7 | (11) in the case of a COVID-19 vaccine, the | ||||||
8 | supervising pharmacist must comply with any applicable | ||||||
9 | requirements or conditions of use as set forth in the | ||||||
10 | Centers for Disease Control and Prevention COVID-19 | ||||||
11 | vaccination provider agreement and any other federal | ||||||
12 | requirements that apply to the administration of COVID-19 | ||||||
13 | vaccines being administered; and | ||||||
14 | (12) the registered pharmacy technician or student | ||||||
15 | pharmacist and the supervising pharmacist must comply with | ||||||
16 | all other requirements of this Act and the rules adopted | ||||||
17 | thereunder pertaining to the administration of drugs. | ||||||
18 | (b) Under the supervision of an appropriately trained | ||||||
19 | pharmacist, a registered pharmacy technician or student | ||||||
20 | pharmacist may administer COVID-19 therapeutics | ||||||
21 | subcutaneously, intramuscularly, or orally as authorized, | ||||||
22 | approved, or licensed by the United States Food and Drug | ||||||
23 | Administration, subject to the following conditions: | ||||||
24 | (1) the COVID-19 therapeutic must be authorized, | ||||||
25 | approved or licensed by the United States Food and Drug | ||||||
26 | Administration; |
| |||||||
| |||||||
1 | (2) the COVID-19 therapeutic must be administered | ||||||
2 | subcutaneously, intramuscularly, or orally in accordance | ||||||
3 | with the United States Food and Drug Administration | ||||||
4 | approval, authorization, or licensing; | ||||||
5 | (3) a pharmacy technician or student pharmacist | ||||||
6 | practicing pursuant to this Section must complete a | ||||||
7 | practical training program that is approved by the | ||||||
8 | Accreditation Council for Pharmacy Education and that | ||||||
9 | includes hands-on injection technique training, clinical | ||||||
10 | evaluation of indications and contraindications of | ||||||
11 | COVID-19 therapeutics training, training in the | ||||||
12 | recognition and treatment of emergency reactions to | ||||||
13 | COVID-19 therapeutics, and any additional training | ||||||
14 | required in the United States Food and Drug Administration | ||||||
15 | approval, authorization, or licensing; | ||||||
16 | (4) the pharmacy technician or student pharmacist must | ||||||
17 | have a current certificate in basic cardiopulmonary | ||||||
18 | resuscitation; | ||||||
19 | (5) the pharmacy technician or student pharmacist must | ||||||
20 | comply with any applicable requirements or conditions of | ||||||
21 | use that apply to the administration of COVID-19 | ||||||
22 | therapeutics; | ||||||
23 | (6) the supervising pharmacist must comply with all | ||||||
24 | relevant recordkeeping and reporting requirements; | ||||||
25 | (7) the supervising pharmacist must be readily and | ||||||
26 | immediately available to the pharmacy technician or |
| |||||||
| |||||||
1 | student pharmacist; and | ||||||
2 | (8) the registered pharmacy technician or student | ||||||
3 | pharmacist and the supervising pharmacist must comply with | ||||||
4 | all other requirements of this Act and the rules adopted | ||||||
5 | thereunder pertaining to the administration of drugs.
| ||||||
6 | Section 55. The Illinois Speech-Language Pathology and
| ||||||
7 | Audiology Practice Act is amended by changing Section 8.8 as | ||||||
8 | follows:
| ||||||
9 | (225 ILCS 110/8.8)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
11 | Sec. 8.8. Supervision of speech-language pathology | ||||||
12 | assistants.
| ||||||
13 | (a) A speech-language pathology assistant shall practice | ||||||
14 | only under the
supervision of a speech-language pathologist | ||||||
15 | who has at least 2 years
experience in addition to the | ||||||
16 | supervised professional experience required under
subsection | ||||||
17 | (f) of Section 8 of this Act. A speech-language pathologist | ||||||
18 | who
supervises a speech-language pathology assistant (i) must | ||||||
19 | have completed at least 6
clock hours of training in | ||||||
20 | supervision related to speech-language pathology, and (ii) | ||||||
21 | must complete at least 2 clock hours of continuing education | ||||||
22 | in supervision related to speech-language pathology in each | ||||||
23 | new licensing cycle after completion of the initial training | ||||||
24 | required under item (i). The Department shall promulgate rules |
| |||||||
| |||||||
1 | describing the supervision
training requirements. The rules | ||||||
2 | may allow a speech-language pathologist to
apply to the Board | ||||||
3 | for an exemption from this training requirement based upon
| ||||||
4 | prior supervisory experience.
| ||||||
5 | (b) A speech-language pathology assistant must be under | ||||||
6 | the direct
supervision of a speech-language pathologist at | ||||||
7 | least 30% of the
speech-language pathology assistant's actual | ||||||
8 | patient or client contact time per
patient or client during | ||||||
9 | the first 90 days of initial employment as a
speech-language | ||||||
10 | pathology assistant. Thereafter, a speech-language pathology
| ||||||
11 | assistant must be under the direct supervision of a | ||||||
12 | speech-language
pathologist at least 20% of the | ||||||
13 | speech-language pathology assistant's actual
patient or client | ||||||
14 | contact time per patient or client. Supervision of a
| ||||||
15 | speech-language pathology assistant beyond the minimum | ||||||
16 | requirements of this
subsection may be imposed at the | ||||||
17 | discretion of the supervising
speech-language pathologist. A | ||||||
18 | supervising speech-language pathologist must
be available to | ||||||
19 | communicate with a speech-language pathology assistant
| ||||||
20 | whenever the assistant is in contact with a patient or client.
| ||||||
21 | (c) A speech-language pathologist that supervises a | ||||||
22 | speech-language
pathology assistant must document direct | ||||||
23 | supervision activities. At a
minimum, supervision | ||||||
24 | documentation must provide (i) information regarding the
| ||||||
25 | quality of the speech-language pathology assistant's | ||||||
26 | performance of
assigned duties, and (ii) verification that |
| |||||||
| |||||||
1 | clinical activity is limited to
duties specified in Section | ||||||
2 | 8.7.
| ||||||
3 | (d) A full-time speech-language pathologist may supervise | ||||||
4 | no more than 2
speech-language pathology assistants. A | ||||||
5 | speech-language pathologist
that does not work full-time may | ||||||
6 | supervise no more than one speech-language
pathology | ||||||
7 | assistant.
| ||||||
8 | (e) For purposes of this Section, "direct supervision" | ||||||
9 | means on-site,
in-view
observation and guidance by a | ||||||
10 | speech-language pathologist while an
assigned activity is | ||||||
11 | performed by the speech-language pathology assistant or | ||||||
12 | supervision by a speech-language pathologist by way of video | ||||||
13 | conferencing technology during telehealth practice .
| ||||||
14 | (Source: P.A. 100-530, eff. 1-1-18 .)
| ||||||
15 | Section 65. The Radiation Protection Act of 1990 is | ||||||
16 | amended by changing Section 7a as follows:
| ||||||
17 | (420 ILCS 40/7a) (from Ch. 111 1/2, par. 210-7a)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
19 | Sec. 7a. Certification of industrial radiographers.
| ||||||
20 | (a) Beginning January 1, 1993, no person may perform | ||||||
21 | industrial
radiography unless he or she is certified by the | ||||||
22 | Department of Nuclear Safety
or its successor, the Illinois | ||||||
23 | Emergency Management Agency, to perform
industrial | ||||||
24 | radiography. The Agency shall promulgate
regulations
|
| |||||||
| |||||||
1 | establishing standards and procedures for certification of | ||||||
2 | industrial
radiographers. The regulations may include, without | ||||||
3 | limitation, provisions
specifying a minimum course of study | ||||||
4 | and requiring that individuals seeking
certification pass an | ||||||
5 | examination administered or approved by the
Agency. Industrial | ||||||
6 | radiography certification shall be valid
for 5
years, except | ||||||
7 | that certifications for industrial radiography trainees
shall | ||||||
8 | be valid for 2 years or shall be extended pursuant to | ||||||
9 | subsection (e) . The Agency shall establish by
regulation
| ||||||
10 | standards and procedures for renewal of certification. The | ||||||
11 | regulations shall
provide that certification for industrial | ||||||
12 | radiography trainees shall be
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), provided that a
person who has obtained a | ||||||
22 | provisional certification must take an
examination that is | ||||||
23 | administered or approved by the Department within 12
months of | ||||||
24 | the date on which the provisional certification was issued. | ||||||
25 | Upon
passing the examination, the Department shall certify the | ||||||
26 | individual as an
industrial radiographer. Provisional |
| |||||||
| |||||||
1 | 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.
|