Bill Text: IL HB4688 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Nursing Home Administrators Licensing and Disciplinary Act. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Adds provisions concerning confidentiality of information collected by the Department. Makes changes in provisions concerning definitions, the Nursing Home Administrators Licensing and Disciplinary Board, powers and duties of the Department, application procedures, rosters, grounds for disciplinary action, reports of violations of the Act, summary suspensions, hearings and motions for rehearing, administrative review, and certification of record. Repeals provisions concerning Board hearings and recommendations, surrender of licenses, rehearings, and fraud and deception by applicants. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2018-08-03 - Public Act . . . . . . . . . 100-0675 [HB4688 Detail]

Download: Illinois-2017-HB4688-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4688 Introduced , by Rep. Kelly M. Burke SYNOPSIS AS INTRODUCED:
See Index
Amends the Nursing Home Administrators Licensing and Disciplinary Act. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Adds provisions concerning confidentiality of information collected by the Department. Makes changes in provisions concerning definitions, the Nursing Home Administrators Licensing and Disciplinary Board, powers and duties of the Department, application procedures, rosters, grounds for disciplinary action, reports of violations of the Act, summary suspensions, hearings and motions for rehearing, administrative review, and certification of record. Repeals provisions concerning Board hearings and recommendations, surrender of licenses, rehearings, and fraud and deception by applicants. Makes other changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nursing Home Administrators Licensing and
Disciplinary Act is amended by changing Sections 4, 5, 5.1, 6,
6.5, 16, 17, 17.1, 19, 20.1, 21, 23, 24, 25, 32, 33, and 35, and
by adding Sections 4.5 and 26.5 as follows:
(225 ILCS 70/4) (from Ch. 111, par. 3654)
(Section scheduled to be repealed on January 1, 2028)
Sec. 4. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
(1) "Act" means the Nursing Home Administrators
Licensing and Disciplinary Act.
(2) "Department" means the Department of Financial and
Professional Regulation.
(3) "Secretary" means the Secretary of Financial and
Professional Regulation.
(4) "Board" means the Nursing Home Administrators
Licensing and Disciplinary Board appointed by the
Governor.
(5) "Nursing home administrator" means the individual
licensed under this Act and directly responsible for

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planning, organizing, directing and supervising the
operation of a nursing home, or who in fact performs such
functions, whether or not such functions are delegated to
one or more other persons.
(6) "Nursing home" or "facility" means any entity that
is required to be licensed by the Department of Public
Health under the Nursing Home Care Act, as amended, other
than a sheltered care home as defined thereunder, and
includes private homes, institutions, buildings,
residences, or other places, whether operated for profit or
not, irrespective of the names attributed to them, county
homes for the infirm and chronically ill operated pursuant
to the County Nursing Home Act, as amended, and any similar
institutions operated by a political subdivision of the
State of Illinois that provide, through though their
ownership or management, maintenance, personal care, and
nursing for 3 or more persons, not related to the owner by
blood or marriage, or any similar facilities in which
maintenance is provided to 3 or more persons who by reason
of illness of physical infirmity require personal care and
nursing. The term also means any facility licensed under
the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013.
(7) "Maintenance" means food, shelter and laundry.
(8) "Personal care" means assistance with meals,
dressing, movement, bathing, or other personal needs, or

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general supervision of the physical and mental well-being
of an individual who because of age, physical, or mental
disability, emotion or behavior disorder, or an
intellectual disability is incapable of managing his or her
person, whether or not a guardian has been appointed for
such individual. For the purposes of this Act, this
definition does not include the professional services of a
nurse.
(9) "Nursing" means professional nursing or practical
nursing, as those terms are defined in the Nurse Practice
Act, for sick or infirm persons who are under the care and
supervision of licensed physicians or dentists.
(10) "Disciplinary action" means revocation,
suspension, probation, supervision, reprimand, required
education, fines or any other action taken by the
Department against a person holding a license.
(11) "Impaired" means the inability to practice with
reasonable skill and safety due to physical or mental
disabilities as evidenced by a written determination or
written consent based on clinical evidence including
deterioration through the aging process or loss of motor
skill, or abuse of drugs or alcohol, of sufficient degree
to diminish a person's ability to administer a nursing
home.
(12) "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's

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application file or license file maintained by the
Department's licensure maintenance unit. It is the duty of
the applicant or licensee to inform the Department of any
change of address, and such changes must be made either
through the Department's website or by contacting the
Department's licensure maintenance unit.
(13) "Email address of record" means the designated
email address recorded by the Department in the applicant's
application file or the licensee's license file, as
maintained by the Department's licensure maintenance unit.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
(225 ILCS 70/4.5 new)
Sec. 4.5. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after such
change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 70/5) (from Ch. 111, par. 3655)

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(Section scheduled to be repealed on January 1, 2028)
Sec. 5. Board.
(a) The Secretary shall appoint a There is hereby created
the Nursing Home Administrators Licensing and Disciplinary
Board. The Board shall consist of 7 members who shall serve in
an advisory capacity to the Secretary appointed by the
Governor. All shall be residents of the State of Illinois. Two
members shall be representatives of the general public. Five
members shall be nursing home administrators who for at least 5
years prior to their appointments were licensed under this Act.
The public members shall have no responsibility for management
or formation of policy of, nor any financial interest in,
nursing homes as defined in this Act, nor any other connection
with the profession. In appointing licensed nursing home
administrators, the Secretary Governor shall take into
consideration the recommendations of the nursing home
professional associations.
(b) Members shall be appointed for a term of 4 years by the
Secretary Governor. The Secretary Governor shall fill any
vacancy for the remainder of the unexpired term. Any member of
the Board may be removed by the Secretary Governor for cause.
Each member shall serve on the Board until his or her successor
is appointed and qualified. No member of the Board shall serve
more than 2 consecutive 4-year 4 year terms.
In making appointments the Secretary Governor shall
attempt to insure that the various geographic regions of the

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State of Illinois are properly represented.
(c) The Board shall annually elect one of its members as
chairperson and one as vice chairperson. No officer shall be
elected more than twice in succession to the same office. Each
officer shall serve until his or her successor has been elected
and qualified.
(d) A majority of the Board members currently appointed
shall constitute a quorum. A vacancy in the membership of the
Board shall not impair the right of a quorum to exercise all
the rights and perform all the duties of the Board.
(e) Members of the Board shall be reimbursed for all
legitimate, necessary, and authorized expenses. Each member
and member-officer of the Board may receive a per diem stipend
as the Secretary shall determine. Each member shall be paid
their necessary expenses while engaged in the performance of
his or her duties.
(f) (Blank).
(g) (Blank).
(h) Members of the Board shall have no liability be immune
from suit in an any action based upon a any disciplinary
proceeding proceedings or other activity acts performed in good
faith as a member members of the Board.
(i) (Blank).
(j) (Blank). The Secretary shall give due consideration to
all recommendations of the Board. If the Secretary disagrees
with or takes action contrary to the recommendation of the

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Board, he or she shall provide the Board with a written and
specific explanation of his or her action.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 70/5.1)
(Section scheduled to be repealed on January 1, 2028)
Sec. 5.1. Powers and duties; rules. The Department shall
exercise the powers and duties prescribed by the Civil
Administrative Code of Illinois for administration of
licensing acts and shall exercise such other powers and duties
necessary for effectuating the purposes of this Act. The
Department shall adopt rules to implement, interpret, or make
specific the provisions and purposes of this Act, and may
prescribe forms that shall be issued in connection with
rulemaking. The Department shall transmit the proposed
rulemaking to the Board.
The Department may solicit the advice of the Board on any
matter relating to the administration and enforcement of this
Act.
Upon the written request of the Department, the Department
of Public Health, the Department of Human Services or the
Department of State Police may cooperate and assist in any
investigation undertaken by the Board.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 70/6) (from Ch. 111, par. 3656)

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(Section scheduled to be repealed on January 1, 2028)
Sec. 6. Application procedure. Applications for original
licenses shall be made to the Department in writing on forms or
electronically as prescribed by the Department and shall be
accompanied by the required fee, which shall not be refundable.
All applications shall contain information that, in the
judgment of the Department, will enable the Department to pass
on the qualifications of the applicant for a license as a
nursing home administrator. The application shall require
information as in the judgment of the Department will enable
the Department to pass on the qualifications of the applicant
for a license.
Applicants have 3 years after the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 70/6.5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 6.5. Social Security Number on license application. In
addition to any other information required to be contained in
the application, every application for an original license
under this Act shall include the applicant's Social Security
Number, which shall be retained in the agency's records

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pertaining to the license. As soon as practical, the Department
shall assign a customer's identification number to each
applicant for a license.
Every application for a renewal or reinstated restored
license shall require the applicant's customer identification
number.
(Source: P.A. 97-400, eff. 1-1-12.)
(225 ILCS 70/16) (from Ch. 111, par. 3666)
(Section scheduled to be repealed on January 1, 2028)
Sec. 16. The Department shall maintain a roster of
individuals who hold licenses under this Act the names and
addresses of all licensees and of all persons whose licenses
have been suspended or revoked. This roster shall be available
upon written request and payment of the required fee.
(Source: P.A. 85-932.)
(225 ILCS 70/17) (from Ch. 111, par. 3667)
(Section scheduled to be repealed on January 1, 2028)
Sec. 17. Grounds for disciplinary action.
(a) The Department may impose fines not to exceed $10,000
or may refuse to issue or to renew a license, or may revoke,
suspend, place on probation, censure, reprimand, or take other
disciplinary or non-disciplinary action as the Department
deems proper, including fines not to exceed $10,000 for each
violation, with regard to any license issued under the

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provisions of this Act the license of any person, for any one
or combination of the following causes:
(1) Material misstatements Intentional material
misstatement in furnishing information to the Department
or any other State agency or in furnishing information to
an insurance company with respect to a claim on behalf of a
licensee or patient.
(2) Conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, to any
crime that is a felony under the laws of any jurisdiction
of the United States that is (i) a felony or (ii) or any
state or territory thereof or a misdemeanor, of which an
essential element of which is dishonesty or that is
directly related to the practice of the profession of
nursing home administration.
(3) Fraud or Making any misrepresentation in applying
for or procuring for the purpose of obtaining a license
under this Act or in connection with applying for renewal
or restoration of a license under , or violating any
provision of this Act.
(4) Immoral conduct in the commission of any act, such
as sexual abuse or sexual misconduct, related to the
licensee's practice.

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(5) Failing to respond within 60 30 days, to a written
request made by the Department for information.
(6) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(7) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, of use or addiction to
alcohol, narcotics, stimulants, or any other substances
that chemical agent or drug which results in the inability
to practice with reasonable judgment, skill, or safety.
(8) Adverse action taken Discipline by another U.S.
jurisdiction if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth herein.
(9) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation or failed to
comply with those terms.
(10) Willfully making or filing false records or
reports related to the licensee's in his or her practice,
including, but not limited to, false records filed with
federal or State agencies or departments.
(11) Physical illness, mental illness, or other
impairment or disability, including, but not limited to,
deterioration through the aging process, or loss of motor
skill that results in the inability to practice the

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profession with reasonable judgment, skill or safety.
(12) Disregard or violation of this Act or of any rule
issued pursuant to this Act.
(13) Aiding or abetting another in the violation of
this Act or any rule adopted or regulation issued pursuant
to this Act.
(14) Allowing one's license to be used by an unlicensed
person.
(15) (Blank).
(16) Professional incompetence in the practice of
nursing home administration.
(17) Conviction of a violation of Section 12-19 or
subsection (a) of Section 12-4.4a of the Criminal Code of
1961 or the Criminal Code of 2012 for the abuse and
criminal neglect of a long term care facility resident.
(18) Violation of the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the
ID/DD Community Care Act, or the MC/DD Act or of any rule
issued under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, the ID/DD
Community Care Act, or the MC/DD Act. A final adjudication
of a Type "AA" violation of the Nursing Home Care Act made
by the Illinois Department of Public Health, as identified
by rule, relating to the hiring, training, planning,
organizing, directing, or supervising the operation of a
nursing home and a licensee's failure to comply with this

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Act or the rules adopted under this Act, shall create a
rebuttable presumption of a violation of this subsection.
(19) Failure to report to the Department any adverse
final action taken against the licensee by a licensing
authority of another state, territory of the United States,
or foreign country; or by any governmental or law
enforcement agency; or by any court for acts or conduct
similar to acts or conduct that would constitute grounds
for disciplinary action under this Section.
(20) Failure to report to the Department the surrender
of a license or authorization to practice as a nursing home
administrator in another state or jurisdiction for acts or
conduct similar to acts or conduct that would constitute
grounds for disciplinary action under this Section.
(21) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or conduct
that would constitute grounds for disciplinary action
under this Section.
(22) Failure to submit any required report under
Section 80-10 of the Nurse Practice Act.
(23) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(24) Being named as an abuser in a verified report by

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the Department on Aging under the Adult Protective Services
Act and upon proof by clear and convincing evidence that
the licensee abused, neglected, or financially exploited
an eligible adult as defined in the Adult Protective
Services Act.
All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the Department
may deem proper, with regard to a license on any of the
foregoing grounds, must be commenced within 5 years next after
receipt by the Department of (i) a complaint alleging the
commission of or notice of the conviction order for any of the
acts described herein or (ii) a referral for investigation
under Section 3-108 of the Nursing Home Care Act.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Department order based upon a
finding by the Board that they have been determined to be
recovered from mental illness by the court and upon the Board's
recommendation that they be permitted to resume their practice.
The Department, upon the recommendation of the Board, may
adopt rules which set forth standards to be used in determining
what constitutes:
(i) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;

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(ii) dishonorable, unethical or unprofessional conduct
of a character likely to deceive, defraud, or harm the
public;
(iii) immoral conduct in the commission of any act
related to the licensee's practice; and
(iv) professional incompetence in the practice of
nursing home administration.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Department or Board, upon a
showing of a possible violation, may compel any individual
licensed to practice under this Act, or who has applied for
licensure pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physician or
physicians shall be those specifically designated by the
Department or Board. The Department or Board may order the
examining physician to present testimony concerning this
mental or physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to submit

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to mental or physical examination, when directed, shall be
grounds for suspension of his or her license until such time as
the individual submits to the examination if the Department
finds, after notice and hearing, that the refusal to submit to
the examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board shall require such individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. Any
individual whose license was granted pursuant to this Act or
continued, reinstated, renewed, disciplined or supervised,
subject to such terms, conditions or restrictions who shall
fail to comply with such terms, conditions or restrictions
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended
immediately, pending a hearing by the Department. In instances
in which the Secretary immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Board within 30 days after such suspension and
completed without appreciable delay. The Department and Board

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shall have the authority to review the subject administrator's
record of treatment and counseling regarding the impairment, to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(b) Any individual or organization acting in good faith,
and not in a willful wilful and wanton manner, in complying
with this Act by providing any report or other information to
the Department, or assisting in the investigation or
preparation of such information, or by participating in
proceedings of the Department, or by serving as a member of the
Board, shall not, as a result of such actions, be subject to
criminal prosecution or civil damages.
(c) Members of the Board, and persons retained under
contract to assist and advise in an investigation, shall be
indemnified by the State for any actions occurring within the
scope of services on or for the Board, done in good faith and
not willful wilful and wanton in nature. The Attorney General
shall defend all such actions unless he or she determines
either that there would be a conflict of interest in such
representation or that the actions complained of were not in

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good faith or were willful wilful and wanton.
Should the Attorney General decline representation, a
person entitled to indemnification under this Section shall
have the right to employ counsel of his or her choice, whose
fees shall be provided by the State, after approval by the
Attorney General, unless there is a determination by a court
that the member's actions were not in good faith or were
willful wilful and wanton.
A person entitled to indemnification under this Section
must notify the Attorney General within 7 days of receipt of
notice of the initiation of any action involving services of
the Board. Failure to so notify the Attorney General shall
constitute an absolute waiver of the right to a defense and
indemnification.
The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent a person entitled to indemnification under this
Section.
(d) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. Such
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the

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Board to the Secretary that the licensee be allowed to resume
his or her practice.
(e) The Department shall may refuse to issue or may suspend
the license of any person who fails to file a return, or to pay
the tax, penalty or interest shown in a filed return, or to pay
any final assessment of tax, penalty or interest, as required
by any tax Act administered by the Department of Revenue, until
such time as the requirements of any such tax Act are
satisfied.
(f) The Department of Public Health shall transmit to the
Department a list of those facilities which receive an "A"
violation as defined in Section 1-129 of the Nursing Home Care
Act.
(Source: P.A. 98-104, eff. 7-22-13; 98-990, eff. 8-18-14;
99-180, eff. 7-29-15.)
(225 ILCS 70/17.1)
(Section scheduled to be repealed on January 1, 2028)
Sec. 17.1. Reports of violations of Act or other conduct.
(a) The owner or licensee of a long term care facility
licensed under the Nursing Home Care Act who employs or
contracts with a licensee under this Act shall report to the
Department any instance of which he or she has knowledge
arising in connection with operations of the health care
institution, including the administration of any law by the
institution, in which a licensee under this Act has either

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committed an act or acts which may constitute a violation of
this Act or unprofessional conduct related directly to patient
care, or which may indicate that the licensee may have a mental
or physical disability that may endanger patients under that
licensee's care. Additionally, every nursing home shall report
to the Department any instance when a licensee is terminated
for cause which would constitute a violation of this Act. The
Department may take disciplinary or non-disciplinary action if
the termination is based upon unprofessional conduct related to
planning, organizing, directing, or supervising the operation
of a nursing home as defined by this Act or other conduct by
the licensee that would be a violation of this Act or rules.
For the purposes of this subsection, "owner" does not mean
the owner of the real estate or physical plant who does not
hold management or operational control of the licensed long
term care facility.
(b) Any insurance company that offers policies of
professional liability insurance to licensees, or any other
entity that seeks to indemnify the professional liability of a
licensee, shall report the settlement of any claim or adverse
final judgment rendered in any action that alleged negligence
in planning, organizing, directing, or supervising the
operation of a nursing home by the licensee.
(c) The State's Attorney of each county shall report to the
Department each instance in which a licensee is convicted of or
enters a plea of guilty or nolo contendere to any crime that is

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a felony, or of which an essential element is dishonesty, or
that is directly related to the practice of the profession of
nursing home administration.
(d) Any agency, board, commission, department, or other
instrumentality of the government of the State of Illinois
shall report to the Department any instance arising in
connection with the operations of the agency, including the
administration of any law by the agency, in which a licensee
under this Act has either committed an act or acts which may
constitute a violation of this Act or unprofessional conduct
related directly to planning, organizing, directing or
supervising the operation of a nursing home, or which may
indicate that a licensee may have a mental or physical
disability that may endanger others.
(e) All reports required by items (19), (20), and (21) of
subsection (a) of Section 17 and by this Section 17.1 shall be
submitted to the Department in a timely fashion. The reports
shall be filed in writing within 60 days after a determination
that a report is required under this Section. All reports shall
contain the following information:
(1) The name, address, and telephone number of the
person making the report.
(2) The name, address, and telephone number of the
person who is the subject of the report.
(3) The name and date of birth of any person or persons
whose treatment is a subject of the report, or other means

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of identification if that information is not available, and
identification of the nursing home facility where the care
at issue in the report was rendered.
(4) A brief description of the facts which gave rise to
the issuance of the report, including the dates of any
occurrences deemed to necessitate the filing of the report.
(5) If court action is involved, the identity of the
court in which the action is filed, along with the docket
number and the date the action was filed.
(6) Any further pertinent information that the
reporting party deems to be an aid in evaluating the
report.
If the Department receives a written report concerning an
incident required to be reported under item (19), (20), or (21)
of subsection (a) of Section 17, then the licensee's failure to
report the incident to the Department within 60 days may not be
the sole ground for any disciplinary action against the
licensee.
(f) Any individual or organization acting in good faith,
and not in a willful wilful and wanton manner, in complying
with this Section by providing any report or other information
to the Department, by assisting in the investigation or
preparation of such information, by voluntarily reporting to
the Department information regarding alleged errors or
negligence by a licensee, or by participating in proceedings of
the Department, shall not, as a result of such actions, be

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subject to criminal prosecution or civil damages.
(g) Upon the receipt of any report required by this
Section, the Department shall notify in writing, by certified
mail, the person who is the subject of the report. The
notification shall be made within 30 days after the
Department's receipt of the report.
The notification shall include a written notice setting
forth the person's right to examine the report. The
notification shall also include the address at which the file
is maintained, the name of the custodian of the file, and the
telephone number at which the custodian may be reached. The
person who is the subject of the report shall submit a written
statement responding, clarifying, adding to, or proposing the
amending of the report previously filed. The statement shall
become a permanent part of the file and must be received by the
Department no more than 30 days after the date on which the
person was notified by the Department of the existence of the
original report.
The Department shall review a report received by it,
together with any supporting information and responding
statements submitted by the person who is the subject of the
report. The review by the Department shall be in a timely
manner, but in no event shall the Department's initial review
of the material contained in each disciplinary file last less
than 61 days nor more than 180 days after the receipt of the
initial report by the Department.

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When the Department makes its initial review of the
materials contained within its disciplinary files, the
Department shall, in writing, make a determination as to
whether there are sufficient facts to warrant further
investigation or action. Failure to make such a determination
within the time provided shall be deemed to be a determination
that there are not sufficient facts to warrant further
investigation or action. The Department shall notify the person
who is the subject of the report of any final action on the
report.
(h) A violation of this Section is a Class A misdemeanor.
(i) If any person or entity violates this Section, then an
action may be brought in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois, for an order enjoining the violation or for an order
enforcing compliance with this Section. Upon filing of a
verified petition in the court, the court may issue a temporary
restraining order without notice or bond and may preliminarily
or permanently enjoin the violation. If it is established that
the person or entity has violated or is violating the
injunction, the court may punish the offender for contempt of
court. Proceedings under this subsection (i) shall be in
addition to, and not in lieu of, all other remedies and
penalties provided for by this Section.
(Source: P.A. 99-143, eff. 7-27-15.)

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(225 ILCS 70/19) (from Ch. 111, par. 3669)
(Section scheduled to be repealed on January 1, 2028)
Sec. 19. Investigation; notice and hearing. hearing
notification.
(a) The Department may investigate the actions of any
applicant or of any person holding or claiming to hold a
license under this Act.
(b) The Department shall, before disciplining an applicant
or licensee, at least 30 days prior to the date set for the
hearing: (i) notify, in writing, the accused of the charges
made and the time and place for the hearing on the charges,
(ii) direct him or her to file a written answer to the charges
under oath within 20 days after service of the notice, and
(iii) inform the applicant or licensee that failure to file an
answer will result in a default being entered against the
applicant or licensee.
(c) Written or electronic notice, and any notice in the
subsequent proceeding, may be served by personal delivery, by
email, or by mail to the applicant or licensee at his or her
address of record or email address of record.
(d) At the time and place fixed in the notice, the Board or
hearing officer appointed by the Secretary shall proceed to
hear the charges and the parties or their counsel shall be
accorded ample opportunity to present any statement,
testimony, evidence, and argument as may be pertinent to the
charges or to their defense. The Board or hearing officer may

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continue the hearing from time to time.
(e) In case the person, after receiving the notice, fails
to file an answer, his or her license may, in the discretion of
the Secretary, having first received the recommendation of the
Board, be suspended, revoked, or placed on probationary status,
or be subject to whatever disciplinary action the Secretary
considers proper, including limiting the scope, nature, or
extent of the person's practice or the imposition of a fine,
without hearing, if the act or acts charged constitute
sufficient grounds for that action under this Act.
Upon the motion of either the Department or the Board or upon
the verified complaint in writing of any person setting forth
facts that, if proven, would constitute grounds for suspension
or revocation under Section 17 of this Act, the Department
shall investigate the actions of any person, so accused, who
holds or represents that he or she holds a license. Such a
person is hereinafter called the accused.
The Department shall, before suspending, revoking, placing
on probationary status, or taking any other disciplinary action
as the Department may deem proper with regard to any license at
least 30 days prior to the date set for the hearing, notify the
accused in writing of any charges made and the time and place
for a hearing of the charges before the Board, direct them to
file their written answer to such notice to the Board under
oath within 30 days after the service on them of such notice
and inform them that if they fail to file such answer default

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will be taken against them and their license may be suspended,
revoked, placed on probationary status, or have other
disciplinary action, including limiting the scope, nature or
extent of their practice, as the Department may deem proper
taken with regard thereto.
Written notice may be served by personal delivery or by
registered or certified mail to the applicant or licensee at
his or her last address of record with the Department.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 70/20.1)
(Section scheduled to be repealed on January 1, 2028)
Sec. 20.1. Summary suspension. The Secretary may summarily
suspend the license of a nursing home administrator without a
hearing, simultaneously with the institution of proceedings
for a hearing provided under this Act if the Secretary finds
that evidence in his or her possession indicates that a
licensee's an administrator's continuation in practice would
constitute an immediate danger to the public. If the Secretary
summarily suspends the license of an administrator without a
hearing, a hearing shall be held within 30 calendar days after
the suspension has occurred.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 70/21) (from Ch. 111, par. 3671)
(Section scheduled to be repealed on January 1, 2028)

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Sec. 21. Appointment of hearing officer. Notwithstanding
any other provision of this Act, the The Secretary has shall
have the authority to appoint an attorney duly licensed to
practice law in the State of Illinois to serve as the hearing
officer in any action for refusal to issue or , renew a
license , or discipline a licensee license. The hearing officer
shall have full authority to conduct the hearing. The hearing
officer shall report his or her findings of fact, conclusions
of law, and recommendations to the Board and to the Secretary.
The Board shall have 60 days after receipt of the report to
review the report of the hearing officer and present its
findings of fact, conclusions of law, and recommendations to
the Secretary. If the Board fails to present its report to the
Secretary within the 60 day period, the respondent may request
in writing a direct appeal to the Secretary, in which case the
Secretary shall, within 7 calendar days after the request,
issue an order directing the Board to issue its findings of
fact, conclusions of law, and recommendations to the Secretary
within 30 calendar days after such order. If the Board fails to
issue its findings of fact, conclusions of law, and
recommendations within that time frame to the Secretary after
the entry of such order, the Secretary shall, within 30
calendar days thereafter, issue an order based upon the report
of the hearing officer and the record of the proceedings or
issue an order remanding the matter back to the hearing officer
for additional proceedings in accordance with the order. If (i)

HB4688 - 29 - LRB100 18533 XWW 33751 b
a direct appeal is requested, (ii) the Board fails to issue its
findings of fact, conclusions of law, and recommendations
within the 30-day mandate from the Secretary or the Secretary
fails to order the Board to do so, and (iii) the Secretary
fails to issue an order within 30 calendar days thereafter,
then the hearing officer's report is deemed accepted and a
final decision of the Secretary. Notwithstanding any other
provision of this Section, if the Secretary, upon review,
determines that substantial justice has not been done in the
revocation, suspension, or refusal to issue or renew a license
or other disciplinary action taken as the result of the entry
of the hearing officer's report, the Secretary may order a
rehearing by the same or other examiners. If the Secretary
disagrees with the recommendation of the Board or the hearing
officer, the Secretary may issue an order in contravention of
the Board's report. The Secretary shall promptly provide a
written explanation to the Board on any such disagreement.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 70/23) (from Ch. 111, par. 3673)
(Section scheduled to be repealed on January 1, 2028)
Sec. 23. Record of proceedings; transcript. The
Department, at its expense, shall preserve a record of all
proceedings at the any formal hearing of any case. The notice
of hearing, complaint, all other documents in the nature of
pleadings, and written motions filed in the proceedings, the

HB4688 - 30 - LRB100 18533 XWW 33751 b
transcript of testimony, the report of the Board, and the
orders of the Department shall be the record of the
proceedings. The Department shall furnish a transcript of the
record to any person interested in such hearing upon payment of
the fee required under Section 2105-115 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115).
(Source: P.A. 90-61, eff. 12-30-97; 91-239, eff. 1-1-00.)
(225 ILCS 70/24) (from Ch. 111, par. 3674)
(Section scheduled to be repealed on January 1, 2028)
Sec. 24. Hearing; motion Motion for rehearing.
(a) The Board or the hearing officer appointed by the
Secretary shall hear evidence in support of the formal charges
and evidence produced by the licensee. At the conclusion of the
hearing, the The Board or the hearing officer shall present to
the Secretary a written report of its findings of fact,
conclusions of law, and recommendations. If the Board fails to
present its report, the applicant or licensee may request in
writing a direct appeal to the Secretary, in which case the
Secretary may issue an order based upon the report of the
hearing officer and the record of the proceedings or issue an
order remanding the matter back to the hearing officer for
additional proceedings in accordance with the order.
(b) At the conclusion of the hearing, a A copy of the
Board's or hearing officer's such report shall be served upon
the applicant or licensee accused person, either personally or

HB4688 - 31 - LRB100 18533 XWW 33751 b
as provided in this Act for the service of the notice of
hearing by certified mail. Within 20 days after such service,
the applicant or licensee accused person may present to the
Department a motion, in writing, for a rehearing that , which
shall specify the particular grounds for rehearing. The
Department may respond to the motion for rehearing within 20
calendar days after its service on the Department. If no motion
for a rehearing is filed, then upon the expiration of the time
specified for filing such a motion, or upon denial of a motion
for rehearing, the Secretary may enter an order in accordance
with recommendations of the Board or hearing officer. If the
applicant or licensee If the accused person orders from the
reporting service and pays for a transcript of the record
within the time for filing a motion for rehearing, the 20-day
period within which a motion may be filed shall commence upon
delivery of the transcript to the applicant or licensee as
provided in Section 23, the time elapsing thereafter and before
such transcript is ready for delivery to them shall not be
counted as part of such 30 days.
(c) If the Secretary disagrees in any regard with the
report of the Board or hearing officer, the Secretary may issue
an order contrary to the report.
(d) Whenever the Secretary is not satisfied that
substantial justice has been done, the Secretary may order a
rehearing by the same or another hearing officer.
(e) At any point in any investigation or disciplinary

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proceeding provided for in this Act, both parties may agree to
a negotiated consent order. The consent order shall be final
upon signature of the Secretary.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 70/25) (from Ch. 111, par. 3675)
(Section scheduled to be repealed on January 1, 2028)
Sec. 25. Administrative review; certification of record.
(a) All final administrative decisions of the Department
are subject to judicial review pursuant to the Administrative
Review Law and all its rules adopted pursuant thereto. The term
"administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review resides; but if the party is not a resident of this
State, the venue shall be in Sangamon County.
(c) The Department shall not be required to certify any
record to the court or file any answer in court or to otherwise
appear in any court in a judicial review proceeding, unless and
until the Department has received from the plaintiff there is
filed in the court, with the complaint, a receipt from the
Department acknowledging payment of the costs of furnishing and
certifying the record, which costs shall be determined by the
Department. Exhibits shall be certified without cost. Failure
on the part of the plaintiff to file a receipt in court shall

HB4688 - 33 - LRB100 18533 XWW 33751 b
be grounds for dismissal of the action. During the pendency and
hearing of any and all judicial proceedings incident to a
disciplinary action the sanctions imposed upon the accused by
the Department shall remain in full force and effect.
(Source: P.A. 87-1031.)
(225 ILCS 70/26.5 new)
Sec. 26.5. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department shall not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a
licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
(225 ILCS 70/32) (from Ch. 111, par. 3682)

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(Section scheduled to be repealed on January 1, 2028)
Sec. 32. Restoration.At any time after the successful
completion of a term of probation, suspension, or revocation of
any license under this Act, the Department may, upon the
recommendation of the Board, restore the license to the
licensee upon the written recommendation of the Board it to the
accused person, unless after an investigation and a hearing,
the Board or Department determines upon the recommendation of
the Board that restoration is not in the public interest. Where
circumstances of suspension or revocation so indicate, the
Department may require an examination of the licensee prior to
restoring his or her license. No person whose license has been
revoked as authorized in this Act may apply for restoration of
that license or permit until such time as provided for in the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(Source: P.A. 85-932.)
(225 ILCS 70/33) (from Ch. 111, par. 3683)
(Section scheduled to be repealed on January 1, 2028)
Sec. 33. Surrender of license. Upon the revocation or
suspension of any license, the licensee shall immediately
forthwith surrender the license to the Department and if the
licensee fails to do so, the Department shall have the right to
seize the license.
(Source: P.A. 85-932.)

HB4688 - 35 - LRB100 18533 XWW 33751 b
(225 ILCS 70/35) (from Ch. 111, par. 3685)
(Section scheduled to be repealed on January 1, 2028)
Sec. 35. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated herein as if all of the provisions of
that Act were included in this Act, except that the provision
of subsection (d) of Section 10-65 of the Illinois
Administrative Procedure Act that provides that at hearings the
licensee has the right to show compliance with all lawful
requirements for retention, continuation or renewal of the
license is specifically excluded. For the purpose of this Act
the notice required under Section 10-25 of the Administrative
Procedure Act is deemed sufficient when mailed to the last
known address of a party.
(Source: P.A. 88-45.)
(225 ILCS 70/20 rep.)
(225 ILCS 70/24.1 rep.)
(225 ILCS 70/28 rep.)
(225 ILCS 70/31 rep.)
Section 15. The Nursing Home Administrators Licensing and
Disciplinary Act is amended by repealing Sections 20, 24.1, 28,
and 31.
Section 99. Effective date. This Act takes effect upon
becoming law.
HB4688 - 36 - LRB100 18533 XWW 33751 b
INDEX
Statutes amended in order of appearance