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91_SB0965sam001
LRB9104864PTmbam01
1 AMENDMENT TO SENATE BILL 965
2 AMENDMENT NO. . Amend Senate Bill 965 by replacing
3 the title with the following:
4 "AN ACT concerning nursing."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Mental Health and Developmental
8 Disabilities Administrative Act is amended by adding Section
9 15.4 as follows:
10 (20 ILCS 1705/15.4 new)
11 Sec. 15.4. Authorization for nursing delegation to
12 permit direct care staff to administer medications. This
13 Section applies to (i) all programs for persons with a
14 developmental disability that are funded or licensed by the
15 Department of Human Services and that distribute or
16 administer medications and (ii) all intermediate care
17 facilities for the developmentally disabled with 16 beds or
18 less that are licensed by the Department of Public Health.
19 The Department of Human Services shall develop a training
20 program for direct care staff to administer oral and topical
21 medications under the direction and monitoring of a
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1 registered professional nurse. Programs using direct care
2 staff to administer medications are responsible for
3 documenting and maintaining records on the training that is
4 completed. The absence of this training program constitutes a
5 threat to the public interest, safety, and welfare and
6 necessitates emergency rulemaking by the Departments of Human
7 Services and Public Health under Section 5-45 of the Illinois
8 Administrative Procedure Act.
9 Section 10. The Nursing and Advanced Practice Nursing
10 Act is amended by changing Section 5-15 as follows:
11 (225 ILCS 65/5-15)
12 Sec. 5-15. Policy; application of Act. For the protection
13 of life and the promotion of health, and the prevention of
14 illness and communicable diseases, any person practicing or
15 offering to practice professional and practical nursing in
16 Illinois shall submit evidence that he or she is qualified to
17 practice, and shall be licensed as provided under this Act.
18 No person shall practice or offer to practice professional or
19 practical nursing in Illinois or use any title, sign, card or
20 device to indicate that such a person is practicing
21 professional or practical nursing unless such person has been
22 licensed under the provisions of this Act.
23 This Act does not prohibit the following:
24 (a) The practice of nursing in Federal employment in the
25 discharge of the employee's duties by a person who is
26 employed by the United States government or any bureau,
27 division or agency thereof and is a legally qualified and
28 licensed nurse of another state or territory and not in
29 conflict with Sections 10-5, 10-30, and 10-45 of this Act.
30 (b) Nursing that is included in their program of study
31 by students enrolled in programs of nursing or in current
32 nurse practice update courses approved by the Department.
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1 (c) The furnishing of nursing assistance in an
2 emergency.
3 (d) The practice of nursing by a nurse who holds an
4 active license in another state when providing services to
5 patients in Illinois during a bonafide emergency or in
6 immediate preparation for or during interstate transit.
7 (e) The incidental care of the sick by members of the
8 family, domestic servants or housekeepers, or care of the
9 sick where treatment is by prayer or spiritual means.
10 (f) Persons from being employed as nursing aides,
11 attendants, orderlies, and other auxiliary workers in private
12 homes, long term care facilities, nurseries, hospitals or
13 other institutions.
14 (g) The practice of practical nursing by one who has
15 applied in writing to the Department in form and substance
16 satisfactory to the Department, for a license as a licensed
17 practical nurse and who has complied with all the provisions
18 under Section 10-30, except the passing of an examination to
19 be eligible to receive such license, until: the decision of
20 the Department that the applicant has failed to pass the next
21 available examination authorized by the Department or has
22 failed, without an approved excuse, to take the next
23 available examination authorized by the Department or until
24 the withdrawal of the application, but not to exceed 3
25 months. No applicant for licensure practicing under the
26 provisions of this paragraph shall practice practical nursing
27 except under the direct supervision of a registered
28 professional nurse licensed under this Act or a licensed
29 physician, dentist or podiatrist. In no instance shall any
30 such applicant practice or be employed in any supervisory
31 capacity.
32 (h) The practice of practical nursing by one who is a
33 licensed practical nurse under the laws of another U.S.
34 jurisdiction and has applied in writing to the Department, in
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1 form and substance satisfactory to the Department, for a
2 license as a licensed practical nurse and who is qualified to
3 receive such license under Section 10-30, until (1) the
4 expiration of 6 months after the filing of such written
5 application, (2) the withdrawal of such application, or (3)
6 the denial of such application by the Department.
7 (i) The practice of professional nursing by one who has
8 applied in writing to the Department in form and substance
9 satisfactory to the Department for a license as a registered
10 professional nurse and has complied with all the provisions
11 under Section 10-30 except the passing of an examination to
12 be eligible to receive such license, until the decision of
13 the Department that the applicant has failed to pass the next
14 available examination authorized by the Department or has
15 failed, without an approved excuse, to take the next
16 available examination authorized by the Department or until
17 the withdrawal of the application, but not to exceed 3
18 months. No applicant for licensure practicing under the
19 provisions of this paragraph shall practice professional
20 nursing except under the direct supervision of a registered
21 professional nurse licensed under this Act. In no instance
22 shall any such applicant practice or be employed in any
23 supervisory capacity.
24 (j) The practice of professional nursing by one who is a
25 registered professional nurse under the laws of another
26 state, territory of the United States or country and has
27 applied in writing to the Department, in form and substance
28 satisfactory to the Department, for a license as a registered
29 professional nurse and who is qualified to receive such
30 license under Section 10-30, until (1) the expiration of 6
31 months after the filing of such written application, (2) the
32 withdrawal of such application, or (3) the denial of such
33 application by the Department.
34 (k) The practice of professional nursing that is
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1 included in a program of study by one who is a registered
2 professional nurse under the laws of another state or
3 territory of the United States or foreign country, territory
4 or province and who is enrolled in a graduate nursing
5 education program or a program for the completion of a
6 baccalaureate nursing degree in this State, which includes
7 clinical supervision by faculty as determined by the
8 educational institution offering the program and the health
9 care organization where the practice of nursing occurs. The
10 educational institution will file with the Department each
11 academic term a list of the names and origin of license of
12 all professional nurses practicing nursing as part of their
13 programs under this provision.
14 (l) Any person licensed in this State under any other
15 Act from engaging in the practice for which she or he is
16 licensed.
17 (m) Direct care staff trained under Section 15.4 of the
18 Mental Health and Developmental Disabilities Administrative
19 Act.
20 An applicant for license practicing under the exceptions
21 set forth in subparagraphs (g), (h), (i), and (j) of this
22 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
23 Pend. respectively and no other.
24 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
25 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.".