Rep. Sara Feigenholtz
Filed: 11/9/2018
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 309 




2    AMENDMENT NO. ______. Amend Senate Bill 309 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Nurse Practice Act is amended  by changing 
5Section 50-75 as follows:
 
6    (225 ILCS 65/50-75)
7    (Section scheduled to be repealed on January 1, 2028)

8    Sec. 50-75. Nursing delegation by a registered 
9professional nurse.
10    (a)  For the purposes of this Section:
11    "Delegation" means transferring to a specific individual 
12the authority to perform a specific nursing intervention in a 
13specific situation.
14    "Predictability of outcomes" means that a registered 
15professional nurse or advanced practice registered nurse has 
16determined that the patient's or individual's clinical status 
 
 
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1is stable and expected to improve or the patient's or 
2individual's deteriorating condition is expected to follow a 
3known or expected course. 
4    "Stability" means a registered professional nurse or 
5advanced practice registered nurse has determined that the 
6individual's clinical status and nursing care needs are 
7consistent. 
8    (b) This Section authorizes a registered professional 
9nurse or advanced practice registered nurse to:
10        (1) delegate nursing interventions to other registered 
11    professional nurses, licensed practical nurses, and other 
12    unlicensed personnel based on the comprehensive nursing 
13    assessment that includes, but is not limited to:
14            (A) the stability and condition of the patient;
15            (B) the potential for harm;
16            (C) the complexity of the nursing intervention to 
17        be delegated;
18            (D) the predictability of outcomes; and
19            (E) competency of the individual to whom the 
20        nursing intervention is delegated;
21        (2) delegate medication administration to other 
22    licensed nurses;
23        (3) in community-based or in-home care settings, 
24    delegate the administration of medication (limited to oral 
25    or subcutaneous dosage and topical or transdermal 
26    application) to unlicensed personnel, if all the 
 
 
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1    conditions for delegation set forth in this Section are 
2    met; 
3        (4) refuse to delegate, stop, or rescind a previously 
4    authorized delegation; or
5        (5) in community-based or in-home care settings, 
6    delegate, guide, and evaluate the implementation of 
7    nursing interventions as a component of patient care 
8    coordination after completion of the comprehensive patient 
9    assessment based on analysis of the comprehensive nursing 
10    assessment data; care coordination in in-home care and 
11    school settings may occur in person, by telecommunication, 
12    or by electronic communication. 
13    (c)  This Section prohibits the following:
14        (1) An individual or entity from mandating that a 
15    registered professional nurse delegate nursing 
16    interventions if the registered professional nurse 
17    determines it is inappropriate to do so.  Nurses shall not 
18    be subject to disciplinary or any other adverse action for 
19    refusing to delegate a nursing intervention based on 
20    patient safety.
21        (2) The delegation of medication administration to 
22    unlicensed personnel in any institutional or long-term 
23    facility,  including, but not limited to, those facilities 
24    licensed by the Hospital Licensing Act, the University of 
25    Illinois Hospital Act, State-operated mental health 
26    hospitals, or State-operated developmental centers, except 
 
 
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1    as  authorized under Article 80 of this Act or otherwise 
2    specifically authorized by law.
3        (3) A registered professional nurse from delegating 
4    nursing judgment, the comprehensive patient assessment, 
5    the development of a plan of care, and the evaluation of 
6    care to licensed or unlicensed personnel.
7        (4) A licensed practical nurse or unlicensed personnel 
8    who has been delegated a nursing intervention from 
9    re-delegating a nursing intervention.

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