Rep. Robyn Gabel
Filed: 11/10/2010
 
 

 

 

 
09600SB3712ham002LRB096 19949 CEL 43764 a



1
AMENDMENT TO SENATE BILL 3712




2    AMENDMENT NO. ______. Amend Senate Bill 3712, AS AMENDED, 
3with reference to page and line numbers of House Amendment No. 
41, as follows:

 
5on page 3, by replacing lines 16 and 17 with the following:
6    "Section 20. Unlicensed practice. Beginning July 1, 2012, 
7no person may practice, attempt"
 
8on page 25, by replacing lines 8 through 11 with the following:
9    "(f) Four Board members shall constitute a quorum. A quorum 
10is required to perform all of the duties of the Board."; and
 
11on page 27, line 21, by replacing "August 31, 2010" with 
12"September 30, 2012"; and
 
13on page 49, by deleting lines 13 through 18; and
 
 
 
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1by replacing  page 49, line 21 through page 50, line 4 with the 
2following:
 
3    "Section 900. The Regulatory Sunset Act is amended by 
4changing Section 4.31 as follows:
 
5    (5 ILCS 80/4.31)
6    Sec. 4.31. Acts Act repealed on January 1, 2021. The 
7following Acts are Act is repealed on January 1, 2021:
8    The Crematory Regulation  Act.
9    The Cemetery Oversight Act. 
10    The Home Birth Safety Act. 
11    The Illinois Health Information Exchange and Technology 
12Act.

13    The Radiation Protection Act of 1990.
14(Source: P.A. 96-1041, eff. 7-14-10; 96-1331, eff. 7-27-10; 
15incorporates P.A. 96-863, eff. 3-1-10; revised 9-9-10.)"; and
 
16by replacing page 51, line 7 through page 55, line 9 with the 
17following:
 
18    "Section 910. The Nurse Practice Act is amended by changing 
19Section 50-15 as follows:
 



20    (225 ILCS 65/50-15)
  (was 225 ILCS 65/5-15)

21    (Section scheduled to be repealed on January 1, 2018)

 
 
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1    Sec. 50-15. Policy; application of Act. 
2    (a) For the protection of life and the
promotion of health, 
3and the prevention of illness and communicable diseases,
any 
4person practicing or offering to practice advanced,

5professional, or practical
nursing in Illinois shall submit 
6evidence that he or she is qualified to
practice, and shall be 
7licensed as provided under this Act.  No person shall
practice 
8or offer to practice advanced, professional, or practical 
9nursing in Illinois or
use any title, sign, card or device to 
10indicate that such a person is
practicing professional or 
11practical nursing unless such person has been
licensed under 
12the provisions of this Act.

13    (b) This Act does not prohibit the following:

14        (1) The practice of nursing in Federal employment in 
15    the discharge of the
employee's duties by a person who is 
16    employed by the United States
government or any bureau, 
17    division or agency thereof and is a legally
qualified and 
18    licensed nurse of another state or territory and not in

19    conflict with Sections 50-50, 55-10, 60-10, and 70-5 of 
20    this
Act.

21        (2) Nursing that is included in the program of study by

22    students
enrolled in programs of nursing or in current 
23    nurse practice update courses
approved by the Department.

24        (3) The furnishing of nursing assistance in an 
25    emergency.

26        (4) The practice of nursing by a nurse who holds an 
 
 
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1    active license in
another state when providing services to 
2    patients in Illinois during a bonafide
emergency or in 
3    immediate preparation for or during interstate
transit.

4        (5) The incidental care of the sick by members of the 
5    family, domestic
servants or housekeepers, or care of the 
6    sick where treatment is by prayer
or spiritual means.

7        (6) Persons from being employed as unlicensed 
8    assistive personnel in private homes, long term care 
9    facilities,
nurseries, hospitals or other institutions.

10        (7) The practice of practical nursing by one who is a 
11    licensed practical
nurse under the laws of another U.S. 
12    jurisdiction and has applied in writing
to the Department, 
13    in form and substance satisfactory to the Department,
for a 
14    license as a licensed practical nurse and who is qualified 
15    to receive
such license under this Act, until (i) the 
16    expiration of 6 months after
the filing of such written 
17    application, (ii) the withdrawal of such application,
or 
18    (iii) the denial of such application by the Department.

19        (8)                            The practice of advanced practice nursing by one 
20    who is an advanced practice nurse under the laws of another 
21    state, territory of the United States, or country and has 
22    applied in writing to the Department, in form and substance 
23    satisfactory to the Department, for a license as an 
24    advanced practice nurse and who is qualified to receive 
25    such license under this Act, until (i)  the expiration of 6 
26    months after the filing of such written application, (ii) 
 
 
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1    the withdrawal of such application, or (iii) the denial of 
2    such application by the Department.

3        (9) The practice of professional nursing by one who is 
4    a registered
professional nurse under the laws of another 
5    state, territory of the United
States or country and has 
6    applied in writing to the Department, in form and
substance 
7    satisfactory to the Department, for a license as a 
8    registered
professional nurse and who is qualified to 
9    receive such license under
Section 55-10, until  (1)  the 
10    expiration of 6 months after the filing of
such written 
11    application, (2) the withdrawal of such application, or (3)

12    the denial of such application by the Department.

13        (10) The practice of professional nursing that is 
14    included in a program of
study by one who is a registered 
15    professional nurse under the laws of
another state or 
16    territory of the United States or foreign country,

17    territory or province and who is enrolled in a graduate 
18    nursing education
program or a program for the completion 
19    of a baccalaureate nursing degree in
this State, which 
20    includes clinical supervision by faculty as
determined by 
21    the educational institution offering the program and the

22    health care organization where the practice of nursing 
23    occurs.

24        (11) Any person licensed in this State under any other 
25    Act from engaging
in the practice for which she or he is 
26    licensed, including, without limitation, any person 
 
 
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1    engaged in the practice of midwifery who is licensed under 
2    the Home Birth Safety Act.

3        (12) Delegation to authorized direct care staff 
4    trained under Section 15.4
of the Mental Health and

5    Developmental Disabilities Administrative Act consistent 
6    with the policies of the Department. 

7        (13)  The practice, services, or activities of persons 
8    practicing the specified occupations set forth in 
9    subsection (a) of, and  pursuant to a licensing exemption 
10    granted in subsection (b) or (d) of,  Section 2105-350 of 
11    the Department of Professional Regulation Law of the Civil 
12    Administrative Code of Illinois, but only for so long as 
13    the 2016 Olympic and Paralympic Games Professional 
14    Licensure Exemption Law is operable. 
15        (14) County correctional personnel from delivering 
16    prepackaged medication for self-administration to an 
17    individual detainee in a correctional facility. 
18    Nothing in this Act shall be construed to limit the 
19delegation of tasks or duties by a physician, dentist, or 
20podiatrist to a licensed practical nurse, a registered 
21professional nurse, or other persons.


22(Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08; 96-7, 
23eff. 4-3-09; 96-516, eff. 8-14-09; 96-1000, eff. 7-2-10.)

 

24    Section 999. Effective date. This Act takes effect July 1, 
252011.".