Public Act 0285 103RD GENERAL ASSEMBLY

HB1615 Enrolled LRB103 25827 AMQ 52178 b

Public Act 103-0285

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Legislative findings. The General Assembly finds:

(1) There is a growing shortage of nurses working in Illinois health care facilities, which is most profound in Southern Illinois.

(2) Nurse employers, including hospitals and long-term care facilities, cannot hire the number of nurses they need to provide quality nursing care.

(3) The purpose of the Illinois Nursing Workforce Center is to address issues of supply and demand in the nursing profession, including issues of recruitment, retention, and utilization of nurse manpower resources.

(4) The Center reports that the Department of Financial and Professional Regulation provides nursing licenses, as of June 2022, in the following amounts: 17,931 advanced practice registered nurse licenses; 200,600 registered nurse licenses; and 25,978 licensed practical nurse licenses.

(5) The number of licenses does not equate to the number of nurses currently in the workforce in Illinois as many nurses renew their licenses even after retirement.

(6) There have been nursing surveys, but they have been voluntary. For instance, in 2020, only 22% of nurses responded to surveys.

(7) Strategies and changes are necessary to solving the nursing shortage. There needs to be accurate and complete data.

(8) Illinois must know whether there are regional shortages of nurses, shortages of nurses in specialty areas, or impediments to entering the nursing profession. A required survey will address these and other nurse shortage issues.

Section 5. The Nurse Practice Act is amended by changing Sections 75-10 and 75-15 as follows:

(225 ILCS 65/75-10) (was 225 ILCS 65/17-10)

(Section scheduled to be repealed on January 1, 2028)

Sec. 75-10. Illinois Nursing Workforce Center. The purpose of the Illinois Nursing Workforce Center to address issues of supply and demand in the nursing profession, including issues of recruitment, retention, and utilization of nurse manpower resources. The General Assembly finds that the Center will enhance the access to and delivery of quality health care services by providing an ongoing strategy for the allocation of the State's resources directed towards nursing. Each of the following objectives shall serve as the primary goals for the Center:

(1) To develop a strategic plan for nursing workforce in the State by selecting priorities to be addressed, including: manpower in Illinois by selecting priorities that must be addressed.

(A) For license renewals beginning in 2024 and each renewal thereafter, to develop and require all licensed nurses, including licensed practical nurses, registered nurses, and advanced practice registered nurses, respond to the Center's nursing workforce supply survey. Applicants shall respond to the Center's nursing workforce supply survey in conjunction with license renewal. However, license renewal shall not be contingent upon responding to the Center's nursing workforce supply survey and failure to respond to the Center's nursing workforce supply survey shall not result in encumbrance of the applicant's license. The survey shall use the National Forum of State Nursing Workforce Centers Minimum Nurse Supply Dataset. The Center shall compile, process, and evaluate the survey findings and report to the Governor, the President of the Senate, and the Speaker of the House of Representatives with recommendations.

As used in this subsection, "nursing workforce supply survey" means the nursing workforce supply survey conducted biennially by the Center that asks nurses to provide information about their demographics, specialty, setting of work, and other information necessary to inform the State on the status and characteristics of the State's nursing workforce.

(B) No later than 2027, to develop a nurse demand and employer survey to be collected biennially. The survey shall use the National Forum of State Nursing Workforce Centers Minimum Nurse Demand Dataset. The Center shall compile, process, and evaluate the survey findings and report to the Governor, the President of the Senate, and the Speaker of the House of Representatives with recommendations.

(2) To convene various groups of representatives of nurses, other health care providers, businesses and industries, consumers, legislators, and educators to:

(A) review and comment on data analysis prepared by for the Center; and

(B) recommend systemic changes, including strategies for implementation of recommended changes.

(3) To enhance and promote recognition, reward, and renewal activities for nurses in the State Illinois by:

(A) proposing and creating reward, recognition, and renewal activities for nursing; and

(B) promoting positive media and positive image-building efforts for nursing.

(Source: P.A. 100-513, eff. 1-1-18.)

(225 ILCS 65/75-15) (was 225 ILCS 65/17-15)

(Section scheduled to be repealed on January 1, 2028)

Sec. 75-15. Illinois Nursing Workforce Center Advisory Board.

(a) There is created the Illinois Nursing Workforce Center Advisory Board, which shall consist of 11 members appointed by the Secretary, with 6 members of the Advisory Board being nurses representative of various nursing specialty areas and 2 members representing a labor organization recognized under the National Labor Relations Act that represents active registered professional nurses licensed by the Department of Financial and Professional Regulation. The other 3 5 members may include representatives of associations, health care providers, nursing educators, and consumers.

(b) The membership of the Advisory Board shall reasonably reflect representation from the geographic areas in this State.

(c) Members of the Advisory Board appointed by the Secretary shall serve for terms of 4 years, with no member serving more than 10 successive years. A member shall serve until his or her successor is appointed and has qualified. Vacancies shall be filled in the same manner as original appointments, and any member so appointed shall serve during the remainder of the term for which the vacancy occurred.

(d) A quorum of the Advisory Board shall consist of a majority of Advisory Board members currently serving. A majority vote of the quorum is required for Advisory Board decisions. A vacancy in the membership of the Advisory Board shall not impair the right of a quorum to exercise all of the rights and perform all of the duties of the Advisory Board.

(e) The Secretary may remove any appointed member of the Advisory Board for misconduct, incapacity, or neglect of duty and shall be the sole judge of the sufficiency of the cause for removal.

(f) Members of the Advisory Board are immune from suit in any action based upon any activities performed in good faith as members of the Advisory Board.

(g) Members of the Advisory Board shall not receive compensation, but shall be reimbursed for actual traveling, incidentals, and expenses necessarily incurred in carrying out their duties as members of the Advisory Board, as approved by the Department.

(h) The Advisory Board shall meet annually to elect a chairperson and vice chairperson.

(Source: P.A. 100-513, eff. 1-1-18.)

Section 99. Effective date. This Act takes effect upon becoming law.