Bill Text: IL SB2958 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Nursing Home Care Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2014-08-18 - Public Act . . . . . . . . . 98-0990 [SB2958 Detail]
Download: Illinois-2013-SB2958-Amended.html
Bill Title: Amends the Nursing Home Care Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2014-08-18 - Public Act . . . . . . . . . 98-0990 [SB2958 Detail]
Download: Illinois-2013-SB2958-Amended.html
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1 | AMENDMENT TO SENATE BILL 2958
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2 | AMENDMENT NO. ______. Amend Senate Bill 2958 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Legislative findings. The General Assembly | ||||||
5 | finds that: | ||||||
6 | (1) Many states have had successful medication | ||||||
7 | aide-certified (MA-C) programs for many years. | ||||||
8 | (2) A medication aide-certified assists with | ||||||
9 | medication administration while under the supervision of a | ||||||
10 | registered professional nurse (RN) in a long-term care | ||||||
11 | facility.
| ||||||
12 | Section 5. The Nursing Home Care Act is amended by adding | ||||||
13 | Section 3-305.5 as follows:
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14 | (210 ILCS 45/3-305.5 new) | ||||||
15 | Sec. 3-305.5. Violation of the Nurse Practice Act. A |
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1 | facility that fails to submit any required report under Section | ||||||
2 | 80-10 of the Nurse Practice Act is subject to discipline under | ||||||
3 | this Article.
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4 | Section 10. The Nurse Practice Act is amended by adding | ||||||
5 | Article 80 as follows:
| ||||||
6 | (225 ILCS 65/Art. 80 heading new) | ||||||
7 | ARTICLE 80. MEDICATION AIDE PILOT PROGRAM | ||||||
8 | (225 ILCS 65/80-5 new) | ||||||
9 | Sec. 80-5. Definitions. For the purposes of this Article | ||||||
10 | only: | ||||||
11 | "Direct-care assignment" means an assignment as defined | ||||||
12 | for staffing requirements as
direct care staff under 77 CFR | ||||||
13 | 300.1230. | ||||||
14 | "Medication aide" means a person who has met the | ||||||
15 | qualifications for licensure under
this Article who assists | ||||||
16 | with medication administration while under the supervision of a
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17 | registered professional nurse (RN) in a long-term care | ||||||
18 | facility. | ||||||
19 | "Qualified employer" means a long-term care facility | ||||||
20 | licensed by the Department of Public
Health that meets the | ||||||
21 | qualifications set forth in Section 80-1o.
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22 | (225 ILCS 65/80-10 new) |
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1 | Sec. 80-10. Pilot program. | ||||||
2 | (a) The Department shall administer and enforce a Licensed | ||||||
3 | Medication Aide Pilot Program. The
program shall last for a | ||||||
4 | period of 3 years, as determined by rule.
During the 3-year | ||||||
5 | pilot program, the Department shall license and regulate | ||||||
6 | licensed
medication aides. As part of the pilot program, no | ||||||
7 | more than 10 skilled nursing homes, which
shall be | ||||||
8 | geographically located throughout the State, shall be | ||||||
9 | authorized to
employ licensed medication aides, as approved by | ||||||
10 | the Department. The Department may consult
with the Department | ||||||
11 | of Public Health as necessary to properly administer and | ||||||
12 | enforce this Article. | ||||||
13 | (b) To be approved as a qualified facility for the duration | ||||||
14 | of the pilot program, a facility must: | ||||||
15 | (1) be licensed in good standing as a skilled nursing | ||||||
16 | facility by the
Department of Public Health; | ||||||
17 | (2) have an overall Five Star
Quality Rating of 3, 4, | ||||||
18 | or 5 from the most recent data available on the Centers for
| ||||||
19 | Medicare and Medicaid Services' website; | ||||||
20 | (3) certify that the employment of a licensed | ||||||
21 | medication aide will not
replace or diminish the employment | ||||||
22 | of a registered nurse or licensed practical nurse at
the | ||||||
23 | facility; | ||||||
24 | (4) certify that a registered nurse will be on-duty and | ||||||
25 | present in the facility to
delegate and supervise the | ||||||
26 | medication administration by a licensed medication aide at
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1 | all times; | ||||||
2 | (5) certify that, with the exception of licensed health | ||||||
3 | care professionals,
only licensed medication aides will be | ||||||
4 | employed in the capacity of administering
medication; and | ||||||
5 | (6) provide information regarding patient safety,
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6 | efficiency, and errors as determined by the Department; | ||||||
7 | failure to submit any
required report may be grounds for | ||||||
8 | discipline or sanctions under this Act, the
Nursing Home | ||||||
9 | Administrators Licensing and Disciplinary Act, or the | ||||||
10 | Nursing Home
Care Act. | ||||||
11 | The Department shall submit a report regarding patient | ||||||
12 | safety, efficiency, and errors, as
determined by rule, to the | ||||||
13 | General Assembly no later than 6 months after termination of | ||||||
14 | the pilot
program.
| ||||||
15 | (225 ILCS 65/80-15 new) | ||||||
16 | Sec. 80-15. Licensure requirement; exempt activities. | ||||||
17 | (a) On and after January 1, 2015, no person shall
practice | ||||||
18 | as a medication aide or hold himself or herself out as a | ||||||
19 | licensed medication aide in this State
unless he or she is | ||||||
20 | licensed under this Article. | ||||||
21 | (b) Nothing in this Article shall be construed as | ||||||
22 | preventing or restricting the practice, services, or
| ||||||
23 | activities of: | ||||||
24 | (1) any person licensed in this State by any other law | ||||||
25 | from engaging in the profession or
occupation for which he |
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1 | or she is licensed; | ||||||
2 | (2) any person employed as a medication aide by the | ||||||
3 | government of the United States, if
such person practices | ||||||
4 | as a medication aide solely under the direction or control | ||||||
5 | of the
organization by which he or she is employed; or | ||||||
6 | (3) any person pursuing a course of study leading to a | ||||||
7 | certificate in medication aide at an
accredited or approved | ||||||
8 | educational program if such activities and services | ||||||
9 | constitute a part of a
supervised course of study and if | ||||||
10 | such person is designated by a title which clearly | ||||||
11 | indicates his
or her status as a student or trainee. | ||||||
12 | (c) Nothing in this Article shall be construed to limit the | ||||||
13 | delegation of tasks or duties by a
physician, dentist, advanced | ||||||
14 | practice nurse, or podiatric physician as authorized by law.
| ||||||
15 | (225 ILCS 65/80-20 new) | ||||||
16 | Sec. 80-20. Scope of practice. | ||||||
17 | (a) A licensed medication aide may only practice in a | ||||||
18 | qualified facility. | ||||||
19 | (b) Licensed medication aides must be supervised by and | ||||||
20 | receive delegation by a registered
nurse that is on-duty and | ||||||
21 | present in the facility at all times. | ||||||
22 | (c) Licensed medication aides shall not have a direct-care | ||||||
23 | assignment when scheduled to
work as a licensed medication | ||||||
24 | aide, but may assist residents as needed. | ||||||
25 | (d) Licensed medication aides shall not administer any |
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1 | medication until a physician has conducted an initial | ||||||
2 | assessment of the
resident. | ||||||
3 | (e) Licensed medication aides shall not administer any | ||||||
4 | Schedule II controlled substances as
set forth in the Illinois | ||||||
5 | Controlled Substances Act, and may not administer any
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6 | subcutaneous, intramuscular, intradermal, or intravenous | ||||||
7 | medication.
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8 | (225 ILCS 65/80-25 new) | ||||||
9 | Sec. 80-25. Unlicensed practice; violation; civil penalty. | ||||||
10 | (a) In addition to any other penalty provided by law, any | ||||||
11 | person who practices, offers to
practice, attempts to practice, | ||||||
12 | or holds oneself out to practice as a medication aide without | ||||||
13 | being
licensed under this Act shall, in addition to any other | ||||||
14 | penalty provided by law, pay a civil penalty
to the Department | ||||||
15 | in an amount not to exceed $10,000 for each offense as | ||||||
16 | determined by the
Department. The civil penalty shall be | ||||||
17 | assessed by the Department after a hearing is held in
| ||||||
18 | accordance with the provisions set forth in this Act regarding | ||||||
19 | the provision of a hearing for the
discipline of a licensee. | ||||||
20 | (b) The Department has the authority and power to | ||||||
21 | investigate any and all unlicensed activity. | ||||||
22 | (c) The civil penalty shall be paid within 60 days after | ||||||
23 | the effective date of the order imposing
the civil penalty. The | ||||||
24 | order shall constitute a judgment and may be filed and | ||||||
25 | execution had
thereon in the same manner as any judgment from |
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1 | any court of record.
| ||||||
2 | (225 ILCS 65/80-30 new) | ||||||
3 | Sec. 80-30. Applications for original licensure. | ||||||
4 | Applications for original licensure shall be made to
the | ||||||
5 | Department in writing on forms prescribed by the Department and | ||||||
6 | shall be accompanied by
the required fee, which shall not be | ||||||
7 | returnable. The application shall require such
information as, | ||||||
8 | in the judgment of the Department, will enable the Department | ||||||
9 | to pass on the
qualifications of the applicant for licensure. | ||||||
10 | Applicants have 3 years after the date of application
to | ||||||
11 | complete the application process. If the process has not been | ||||||
12 | completed within 3 years, the
application shall be denied, the | ||||||
13 | fee forfeited, and the applicant must reapply and meet the
| ||||||
14 | requirements in effect at the time of reapplication.
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15 | (225 ILCS 65/80-35 new) | ||||||
16 | Sec. 80-35. Examinations. The Department shall authorize | ||||||
17 | examinations of applicants for a license
under this Article at | ||||||
18 | the times and place as it may designate. The examination shall | ||||||
19 | be of a
character to give a fair test of the qualifications of | ||||||
20 | the applicant to practice as a medication aide. | ||||||
21 | Applicants for examination as a medication aide shall be | ||||||
22 | required to pay, either to the
Department or the designated | ||||||
23 | testing service, a fee covering the cost of providing the
| ||||||
24 | examination. Failure to appear for the examination on the |
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1 | scheduled date, at the time and place
specified, after the | ||||||
2 | applicant's application for examination has been received and | ||||||
3 | acknowledged
by the Department or the designated testing | ||||||
4 | service, shall result in the forfeiture of the
examination fee. | ||||||
5 | If an applicant fails to pass an examination for | ||||||
6 | registration under this Act within 3 years after
filing his or | ||||||
7 | her application, the application shall be denied. The applicant | ||||||
8 | may thereafter make a new
application accompanied by the | ||||||
9 | required fee; however, the applicant shall meet all | ||||||
10 | requirements
in effect at the time of subsequent application | ||||||
11 | before obtaining licensure. The Department may
employ | ||||||
12 | consultants for the purposes of preparing and conducting | ||||||
13 | examinations.
| ||||||
14 | (225 ILCS 65/80-40 new) | ||||||
15 | Sec. 80-40. Licensure by examination. An applicant for | ||||||
16 | licensure by examination to practice as a licensed medication | ||||||
17 | aide
must: | ||||||
18 | (1) submit a completed written application on forms | ||||||
19 | provided by the Department and fees
as established by the | ||||||
20 | Department; | ||||||
21 | (2) be age 18 or older; | ||||||
22 | (3) have a high school diploma or a certificate of | ||||||
23 | general education development (GED); | ||||||
24 | (4) demonstrate the able to speak, read, and write the | ||||||
25 | English language, as determined by
rule; |
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1 | (5) demonstrate competency in math, as determined by | ||||||
2 | rule; | ||||||
3 | (6) be currently certified in good standing as a | ||||||
4 | certified nursing assistant and provide
proof of 2,000 | ||||||
5 | hours of practice as a certified nursing assistant within 3 | ||||||
6 | years before
application for licensure; | ||||||
7 | (7) submit to the criminal history records check | ||||||
8 | required under Section 50-35 of this Act; | ||||||
9 | (8) have not engaged in conduct or behavior determined | ||||||
10 | to be grounds for discipline under
this Act; | ||||||
11 | (9) be currently certified to perform cardiopulmonary | ||||||
12 | resuscitation by the American Heart
Association or | ||||||
13 | American Red Cross; | ||||||
14 | (10) have successfully completed a course of study | ||||||
15 | approved by the Department as defined
by rule; to be | ||||||
16 | approved, the program must include a minimum of 60 hours of | ||||||
17 | classroom-based medication aide education, a minimum of 10 | ||||||
18 | hours of simulation laboratory study, and
a minimum of 30 | ||||||
19 | hours of registered nurse-supervised clinical practicum | ||||||
20 | with progressive responsibility
of patient medication | ||||||
21 | assistance; | ||||||
22 | (11) have successfully completed the Medication Aide | ||||||
23 | Certification Examination or other
examination authorized | ||||||
24 | by the Department; and | ||||||
25 | (12) submit proof of employment by a qualifying | ||||||
26 | facility.
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1 | (225 ILCS 65/80-45 new) | ||||||
2 | Sec. 80-45. Expiration of license. The expiration date for | ||||||
3 | each license to practice as a licensed medication aide shall be | ||||||
4 | set by
the rule. Licenses under this Article may not be renewed | ||||||
5 | or restored.
| ||||||
6 | (225 ILCS 65/80-50 new) | ||||||
7 | Sec. 80-50. Administration and enforcement. Licenses | ||||||
8 | issued under this Article are subject to Article 70, including | ||||||
9 | grounds for disciplinary action under Section 70-5.
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10 | (225 ILCS 65/80-55 new) | ||||||
11 | Sec. 80-55. Title. Any person who is issued a license as a | ||||||
12 | medication aide under the terms of this Act shall
use the words | ||||||
13 | "licensed medication aide" in connection with his or her name | ||||||
14 | to denote his or her
licensure under this Act.
| ||||||
15 | (225 ILCS 65/80-60 new) | ||||||
16 | Sec. 80-60. Rules. The Department shall files rules to | ||||||
17 | administer this Article within 90 days of the
effective date of | ||||||
18 | this Act.
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19 | Section 15. The Nursing Home Administrators Licensing and | ||||||
20 | Disciplinary Act is amended by changing Section 17 as follows:
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| |||||||
1 | (225 ILCS 70/17) (from Ch. 111, par. 3667) | ||||||
2 | Sec. 17. Grounds for disciplinary action. | ||||||
3 | (a) The Department may impose fines not to exceed $10,000
| ||||||
4 | or may
refuse to issue or to renew, or may revoke, suspend, | ||||||
5 | place on probation,
censure, reprimand or take other | ||||||
6 | disciplinary or non-disciplinary action with regard to the
| ||||||
7 | license of any person, for any one or combination
of the | ||||||
8 | following causes: | ||||||
9 | (1) Intentional material misstatement in furnishing | ||||||
10 | information
to
the Department. | ||||||
11 | (2) Conviction of or entry of a plea of guilty or nolo | ||||||
12 | contendere to any crime that is a felony under the laws of | ||||||
13 | the United States
or any
state or territory thereof or
a | ||||||
14 | misdemeanor of which an
essential element is dishonesty or | ||||||
15 | that is directly
related to the practice of the profession | ||||||
16 | of nursing home administration. | ||||||
17 | (3) Making any misrepresentation for the purpose of | ||||||
18 | obtaining
a license,
or violating any provision of this | ||||||
19 | Act. | ||||||
20 | (4) Immoral conduct in the commission of any act, such | ||||||
21 | as
sexual abuse or
sexual misconduct, related to the | ||||||
22 | licensee's practice. | ||||||
23 | (5) Failing to respond within 30
days, to a
written | ||||||
24 | request made by the Department for information. | ||||||
25 | (6) Engaging in dishonorable, unethical or | ||||||
26 | unprofessional
conduct of a
character likely to deceive, |
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1 | defraud or harm the public. | ||||||
2 | (7) Habitual use or addiction to alcohol, narcotics,
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3 | stimulants, or any
other chemical agent or drug which | ||||||
4 | results in the inability to practice
with reasonable | ||||||
5 | judgment, skill or safety. | ||||||
6 | (8) Discipline by another U.S. jurisdiction if at
least | ||||||
7 | one of the grounds for the discipline is the same or | ||||||
8 | substantially
equivalent to those set forth herein. | ||||||
9 | (9) A finding by the Department that the licensee, | ||||||
10 | after having
his or her license
placed on probationary | ||||||
11 | status has violated the terms of probation. | ||||||
12 | (10) Willfully making or filing false records or | ||||||
13 | reports in
his or her
practice,
including but not limited | ||||||
14 | to false records filed with State agencies or
departments. | ||||||
15 | (11) Physical illness, mental illness, or other | ||||||
16 | impairment or disability, including, but not limited to,
| ||||||
17 | deterioration
through the aging process, or loss of motor | ||||||
18 | skill that results in
the
inability to practice the | ||||||
19 | profession with reasonable judgment, skill or safety. | ||||||
20 | (12) Disregard or violation of this Act or of any rule
| ||||||
21 | issued pursuant to this Act. | ||||||
22 | (13) Aiding or abetting another in the violation of | ||||||
23 | this Act
or any rule
or regulation issued pursuant to this | ||||||
24 | Act. | ||||||
25 | (14) Allowing one's license to be used by an unlicensed
| ||||||
26 | person. |
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1 | (15) (Blank).
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2 | (16) Professional incompetence in the practice of | ||||||
3 | nursing
home administration. | ||||||
4 | (17) Conviction of a violation of Section 12-19 or | ||||||
5 | subsection (a) of Section 12-4.4a of the
Criminal Code of
| ||||||
6 | 1961 or the Criminal Code of 2012 for the abuse and | ||||||
7 | criminal neglect of a long term care facility resident. | ||||||
8 | (18) Violation of the Nursing Home Care Act, the | ||||||
9 | Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
10 | the ID/DD Community Care Act or of any rule
issued under | ||||||
11 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
12 | Rehabilitation Act of 2013, or the ID/DD Community Care | ||||||
13 | Act. A final adjudication of a Type "AA" violation of the | ||||||
14 | Nursing Home Care Act made by the Illinois Department of | ||||||
15 | Public Health, as identified by rule, relating to the | ||||||
16 | hiring, training, planning, organizing, directing, or | ||||||
17 | supervising the operation of a nursing home and a | ||||||
18 | licensee's failure to comply with this Act or the rules | ||||||
19 | adopted under this Act, shall create a rebuttable | ||||||
20 | presumption of a violation of this subsection. | ||||||
21 | (19) Failure to report to the Department any adverse | ||||||
22 | final action taken against the licensee by a licensing | ||||||
23 | authority of another state, territory of the United States, | ||||||
24 | or foreign country; or by any governmental or law | ||||||
25 | enforcement agency; or by any court for acts or conduct | ||||||
26 | similar to acts or conduct that would constitute grounds |
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1 | for disciplinary action under this Section. | ||||||
2 | (20) Failure to report to the Department the surrender | ||||||
3 | of a license or authorization to practice as a nursing home | ||||||
4 | administrator in another state or jurisdiction for acts or | ||||||
5 | conduct similar to acts or conduct that would constitute | ||||||
6 | grounds for disciplinary action under this Section. | ||||||
7 | (21) Failure to report to the Department any adverse | ||||||
8 | judgment, settlement, or award arising from a liability | ||||||
9 | claim related to acts or conduct similar to acts or conduct | ||||||
10 | that would constitute grounds for disciplinary action | ||||||
11 | under this Section. | ||||||
12 | (22) Failure to submit any required report under | ||||||
13 | Section 80-10 of the Nurse Practice Act. | ||||||
14 | All proceedings to suspend, revoke, place on
probationary | ||||||
15 | status, or take any other disciplinary action
as the Department | ||||||
16 | may deem proper, with regard to a license
on any of the | ||||||
17 | foregoing grounds, must be commenced within
5
years next after | ||||||
18 | receipt by the Department of (i) a
complaint
alleging the | ||||||
19 | commission of or notice of the conviction order
for any of the | ||||||
20 | acts described herein or (ii) a referral for investigation
| ||||||
21 | under
Section 3-108 of the Nursing Home Care Act. | ||||||
22 | The entry of an order or judgment by any circuit court | ||||||
23 | establishing that
any person holding a license under this Act | ||||||
24 | is a person in need of mental
treatment operates as a | ||||||
25 | suspension of that license. That person may resume
their | ||||||
26 | practice only upon the entry of a Department order based upon a
|
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| |||||||
1 | finding by the Board that they have been determined to
be | ||||||
2 | recovered from mental illness by the court and upon the
Board's | ||||||
3 | recommendation that they be permitted to resume their practice. | ||||||
4 | The Department, upon the recommendation of the
Board, may
| ||||||
5 | adopt rules which set forth
standards to be used in determining | ||||||
6 | what constitutes: | ||||||
7 | (i)
when a person will be deemed sufficiently
| ||||||
8 | rehabilitated to warrant the public trust; | ||||||
9 | (ii)
dishonorable, unethical or
unprofessional conduct | ||||||
10 | of a character likely to deceive,
defraud, or harm the | ||||||
11 | public; | ||||||
12 | (iii)
immoral conduct in the commission
of any act | ||||||
13 | related to the licensee's practice; and | ||||||
14 | (iv)
professional incompetence in the practice
of | ||||||
15 | nursing home administration. | ||||||
16 | However, no such rule shall be admissible into evidence
in | ||||||
17 | any civil action except for review of a licensing or
other | ||||||
18 | disciplinary action under this Act. | ||||||
19 | In enforcing this Section, the Department or Board, upon a | ||||||
20 | showing of a
possible
violation,
may compel any individual | ||||||
21 | licensed to practice under this
Act, or who has applied for | ||||||
22 | licensure
pursuant to this Act, to submit to a mental or | ||||||
23 | physical
examination, or both, as required by and at the | ||||||
24 | expense of
the Department. The examining physician or | ||||||
25 | physicians shall
be those specifically designated by the | ||||||
26 | Department or Board.
The Department or Board may order the |
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| |||||||
1 | examining physician to present
testimony
concerning this | ||||||
2 | mental or physical examination of the licensee or applicant. No
| ||||||
3 | information shall be excluded by reason of any common law or | ||||||
4 | statutory
privilege relating to communications between the | ||||||
5 | licensee or applicant and the
examining physician.
The | ||||||
6 | individual to be examined may have, at his or her own
expense, | ||||||
7 | another physician of his or her choice present
during all | ||||||
8 | aspects of the examination. Failure of any
individual to submit | ||||||
9 | to mental or physical examination, when
directed, shall be | ||||||
10 | grounds for suspension of his or her
license until such time as | ||||||
11 | the individual submits to the
examination if the Department | ||||||
12 | finds, after notice
and hearing, that the refusal to submit to | ||||||
13 | the examination
was without reasonable cause. | ||||||
14 | If the Department or Board
finds an individual unable to | ||||||
15 | practice
because of the reasons
set forth in this Section, the | ||||||
16 | Department or Board shall
require such individual to submit to | ||||||
17 | care, counseling, or
treatment by physicians approved or | ||||||
18 | designated by the
Department or Board, as a condition, term, or | ||||||
19 | restriction for
continued,
reinstated, or renewed licensure to | ||||||
20 | practice; or in lieu of care, counseling,
or
treatment, the | ||||||
21 | Department may file, or the Board may recommend to the
| ||||||
22 | Department to
file, a complaint to
immediately suspend, revoke, | ||||||
23 | or otherwise discipline the license of the
individual.
Any | ||||||
24 | individual whose license was granted pursuant to
this Act or | ||||||
25 | continued, reinstated, renewed,
disciplined or supervised, | ||||||
26 | subject to such terms, conditions
or restrictions who shall |
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| |||||||
1 | fail to comply with such terms,
conditions or restrictions
| ||||||
2 | shall be referred to the Secretary
for a
determination as to | ||||||
3 | whether the licensee shall have his or her
license suspended | ||||||
4 | immediately, pending a hearing by the
Department. In instances | ||||||
5 | in which the Secretary
immediately suspends a license under | ||||||
6 | this Section, a hearing
upon such person's license must be | ||||||
7 | convened by the
Board within 30
days after such suspension and
| ||||||
8 | completed without appreciable delay. The Department and Board
| ||||||
9 | shall have the authority to review the subject administrator's
| ||||||
10 | record of treatment and counseling regarding the impairment,
to | ||||||
11 | the extent permitted by applicable federal statutes and
| ||||||
12 | regulations safeguarding the confidentiality of medical | ||||||
13 | records. | ||||||
14 | An individual licensed under this Act, affected under
this | ||||||
15 | Section, shall be afforded an opportunity to
demonstrate to the | ||||||
16 | Department or Board that he or she can
resume
practice in | ||||||
17 | compliance with acceptable and prevailing
standards under the | ||||||
18 | provisions of his or her license. | ||||||
19 | (b) Any individual or
organization acting in good faith, | ||||||
20 | and not in a wilful and
wanton manner, in complying with this | ||||||
21 | Act by providing any
report or other information to the | ||||||
22 | Department, or
assisting in the investigation or preparation of | ||||||
23 | such
information, or by participating in proceedings of the
| ||||||
24 | Department, or by serving as a member of the
Board, shall not, | ||||||
25 | as a result of such actions,
be subject to criminal prosecution | ||||||
26 | or civil damages. |
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1 | (c) Members of the Board, and persons
retained under | ||||||
2 | contract to assist and advise in an investigation,
shall be | ||||||
3 | indemnified by the State for any actions
occurring within the | ||||||
4 | scope of services on or for the Board, done in good
faith
and | ||||||
5 | not wilful and wanton in
nature. The Attorney General shall | ||||||
6 | defend all such actions
unless he or she determines either that | ||||||
7 | there would be a
conflict of interest in such representation or | ||||||
8 | that the
actions complained of were not in good faith or were | ||||||
9 | wilful and wanton. | ||||||
10 | Should the Attorney General decline representation,
a | ||||||
11 | person entitled to indemnification under this Section shall | ||||||
12 | have the
right to employ counsel of his or her
choice, whose | ||||||
13 | fees shall be provided by the State, after
approval by the | ||||||
14 | Attorney General, unless there is a
determination by a court | ||||||
15 | that the member's actions were not
in good faith or were wilful | ||||||
16 | and wanton. | ||||||
17 | A person entitled to indemnification under this
Section | ||||||
18 | must notify the Attorney General within 7
days of receipt of | ||||||
19 | notice of the initiation of any action
involving services of | ||||||
20 | the Board. Failure to so
notify the Attorney General shall | ||||||
21 | constitute an absolute
waiver of the right to a defense and | ||||||
22 | indemnification. | ||||||
23 | The Attorney General shall determine within 7 days
after | ||||||
24 | receiving such notice, whether he or she will undertake to | ||||||
25 | represent
a
person entitled to indemnification under this | ||||||
26 | Section. |
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| |||||||
1 | (d) The determination by a circuit court that a licensee is | ||||||
2 | subject to
involuntary admission or judicial admission as | ||||||
3 | provided in the Mental
Health and Developmental Disabilities | ||||||
4 | Code, as amended, operates as an
automatic suspension. Such | ||||||
5 | suspension will end only upon a finding by a
court that the | ||||||
6 | patient is no longer subject to involuntary admission or
| ||||||
7 | judicial admission and issues an order so finding and | ||||||
8 | discharging the
patient; and upon the recommendation of the | ||||||
9 | Board to the Secretary
that
the licensee be allowed to resume | ||||||
10 | his or her practice. | ||||||
11 | (e) The Department may refuse to issue or may suspend the | ||||||
12 | license of
any person who fails to file a return, or to pay the | ||||||
13 | tax, penalty or
interest shown in a filed return, or to pay any | ||||||
14 | final assessment of tax,
penalty or interest, as required by | ||||||
15 | any tax Act administered by the Department of Revenue, until | ||||||
16 | such time as the requirements of any
such tax Act are | ||||||
17 | satisfied. | ||||||
18 | (f) The Department of Public Health shall transmit to the
| ||||||
19 | Department a list of those facilities which receive an "A" | ||||||
20 | violation as
defined in Section 1-129 of the Nursing Home Care | ||||||
21 | Act. | ||||||
22 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||||||
23 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-104, eff. | ||||||
24 | 7-22-13.)
| ||||||
25 | Section 99. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law.".
|