HB0865ham002 99TH GENERAL ASSEMBLY

Rep. William Davis

Filed: 4/12/2016

09900HB0865ham002 LRB099 04689 SMS 47130 a

AMENDMENT TO HOUSE BILL 865

AMENDMENT NO. ______. Amend House Bill 865 by replacing everything after the enacting clause with the following:

"Section 5. The MC/DD Act is amended by adding Section 3-305.5 as follows:

(210 ILCS 46/3-305.5 new)

Sec. 3-305.5. Violation of the Nurse Practice Act. A facility that fails to submit any required report under Section 85-10 of the Nurse Practice Act is subject to discipline under this Article.

Section 10. The Nurse Practice Act is amended by adding Article 85 as follows:

(225 ILCS 65/Art. 85 heading new)

ARTICLE 85. BASIC SUCTIONING AIDE PILOT PROGRAM

(225 ILCS 65/85-5 new)

Sec. 85-5. Definitions. For the purposes of this Article only:

"Basic suctioning" means the process of using oral suctioning of the upper airway to remove foreign matter, such as mucus, fluids, or blood, which may involve the use of a Yankauer suction catheter.

"Basic suctioning aide" means a person who has met the qualifications for licensure under this Article who assists with basic suctioning administration while under the supervision of a registered professional nurse (RN) in a facility licensed under the MC/DD Act.

"Qualified employer" means a facility in good standing under the MC/DD Act.

(225 ILCS 65/85-10 new)

Sec. 85-10. Pilot program.

(a) The Department shall administer and enforce a Licensed Basic Suctioning Aide Pilot Program. The program shall last for a period of 3 years, as determined by rule. During the 3-year pilot program, the Department shall license and regulate licensed basic suctioning aides. The Department may consult with the Department of Public Health as necessary to properly administer and enforce this Article.

(b) To be approved as a qualified facility for the duration of the pilot program, a facility must:

(1) be a licensed facility in good standing under the MC/DD Act;

(2) certify that the employment of a licensed basic suctioning aide will not replace or diminish the employment of a registered nurse or licensed practical nurse at the facility;

(3) certify that a registered nurse will be on-duty and present in the facility to delegate and supervise the basic suctioning administration by a licensed basic suctioning aide at all times;

(4) certify that, with the exception of licensed health care professionals, only licensed basic suctioning aides will be employed in the capacity of administering basic suctioning; and

(5) provide information regarding patient safety, efficiency, and errors as determined by the Department; failure to submit any required report may be grounds for discipline or sanctions under this Act or the MC/DD Act.

The Department shall submit a report regarding patient safety, efficiency, and errors, as determined by rule, to the General Assembly no later than 6 months after termination of the pilot program.

(225 ILCS 65/85-15 new)

Sec. 85-15. Licensure requirement; exempt activities.

(a) On and after January 1, 2017, no person shall practice as a basic suctioning aide or hold himself or herself out as a licensed basic suctioning aide in this State unless he or she is licensed under this Article.

(b) Nothing in this Article shall be construed as preventing or restricting the practice, services, or activities of:

(1) any person licensed in this State by any other law from engaging in the profession or occupation for which he or she is licensed;

(2) any person employed as a basic suctioning aide by the government of the United States, if such person practices as a basic suctioning aide solely under the direction or control of the organization by which he or she is employed; or

(3) any person pursuing a course of study leading to a certificate in basic suctioning at an accredited or approved educational program if such activities and services constitute a part of a supervised course of study and if such person is designated by a title which clearly indicates his or her status as a student or trainee.

(c) Nothing in this Article shall be construed to limit the delegation of tasks or duties by a physician, dentist, advanced practice nurse, or podiatric physician as authorized by law.

(225 ILCS 65/85-20 new)

Sec. 85-20. Scope of practice.

(a) A licensed basic suctioning aide may only practice in a qualified facility.

(b) Licensed basic suctioning aides must be supervised by and receive delegation by a registered nurse that is on-duty and present in the facility at all times.

(225 ILCS 65/85-25 new)

Sec. 85-25. Unlicensed practice; violation; civil penalty.

(a) In addition to any other penalty provided by law, any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a basic suctioning aide without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.

(b) The Department has the authority and power to investigate any and all unlicensed activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.

(225 ILCS 65/85-30 new)

Sec. 85-30. Applications for original licensure. Applications for original licensure shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. The application shall require such information as, in the judgment of the Department, will enable the Department to pass on the qualifications of the applicant for licensure. Applicants have 3 years after the date of application to complete the application process. If the process has not been completed within 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.

(225 ILCS 65/85-35 new)

Sec. 85-35. Examinations. The Department shall authorize examinations of applicants for a license under this Article at the times and place as it may designate. The examination shall be of a character to give a fair test of the qualifications of the applicant to practice as a basic suctioning aide.

Applicants for examination as a basic suctioning aide shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.

If an applicant fails to pass an examination for registration under this Act within 3 years after filing his or her application, the application shall be denied. The applicant may thereafter make a new application accompanied by the required fee; however, the applicant shall meet all requirements in effect at the time of subsequent application before obtaining licensure. The Department may employ consultants for the purposes of preparing and conducting examinations.

(225 ILCS 65/85-40 new)

Sec. 85-40. Licensure by examination. An applicant for licensure by examination to practice as a licensed basic suctioning aide must:

(1) submit a completed written application on forms provided by the Department and fees as established by the Department;

(2) be age 18 or older;

(3) have a high school diploma or a certificate of general education development (GED);

(4) demonstrate the ability to speak, read, and write the English language, as determined by rule;

(5) be currently certified in good standing as a certified nursing assistant;

(6) submit to the criminal history records check required under Section 50-35 of this Act;

(7) have not engaged in conduct or behavior determined to be grounds for discipline under this Act;

(8) be currently certified to perform cardiopulmonary resuscitation by the American Heart Association or American Red Cross;

(9) have successfully completed a course of study approved by the Department as defined by rule; to be approved, the program must include a minimum of 8 hours of classroom-based suctioning aide education and a minimum of 5 hours of registered nurse-supervised clinical practicum with progressive responsibility of patient suctioning assistance; such course of study and training may be developed by the qualified facility staff with approval by the Department;

(10) have successfully completed the Basic Suctioning Aide Certification Examination or other examination authorized by the Department; and

(11) submit proof of employment by a qualifying facility.

(225 ILCS 65/85-45 new)

Sec. 85-45. Expiration of license. The expiration date for each license to practice as a licensed basic suctioning aide shall be set by the rule. Licenses under this Article may not be renewed or restored.

(225 ILCS 65/85-50 new)

Sec. 85-50. Administration and enforcement. Licenses issued under this Article are subject to Article 70, including grounds for disciplinary action under Section 70-5 of this Act.

(225 ILCS 65/85-55 new)

Sec. 85-55. Title. Any person who is issued a license as a basic suctioning aide under the terms of this Act shall use the words "licensed basic suctioning aide" in connection with his or her name to denote his or her licensure under this Act.

(225 ILCS 65/85-60 new)

Sec. 85-60. Rules. The Department shall file rules to administer this Article within 90 days after the effective date of this amendatory Act of the 99th General Assembly.

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