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91_SB0965sam002
LRB9104864PTpkam03
1 AMENDMENT TO SENATE BILL 965
2 AMENDMENT NO. . Amend Senate Bill 965, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Mental Health and Developmental
6 Disabilities Administrative Act is amended by adding Section
7 15.4 as follows:
8 (20 ILCS 1705/15.4 new)
9 Sec. 15.4. Authorization for nursing delegation to
10 permit direct care staff to administer medications. This
11 Section applies to (i) all programs for persons with a
12 developmental disability in settings of 16 persons or fewer
13 that are funded or licensed by the Department of Human
14 Services and that distribute or administer medications and
15 (ii) all intermediate care facilities for the developmentally
16 disabled with 16 beds or less that are licensed by the
17 Department of Public Health. The Department of Human
18 Services shall develop a training program for direct care
19 staff to administer oral and topical medications under the
20 direction and monitoring of a registered professional nurse.
21 This training program shall be developed in consultation with
22 professional associations representing (i) physicians
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1 licensed to practice medicine in all its branches and (ii)
2 registered professional nurses. Programs using direct care
3 staff to administer medications are responsible for
4 documenting and maintaining records on the training that is
5 completed. The absence of this training program constitutes a
6 threat to the public interest, safety, and welfare and
7 necessitates emergency rulemaking by the Departments of Human
8 Services and Public Health under Section 5-45 of the Illinois
9 Administrative Procedure Act.
10 Section 10. The Nursing and Advanced Practice Nursing
11 Act is amended by changing Section 5-15 as follows:
12 (225 ILCS 65/5-15)
13 Sec. 5-15. Policy; application of Act. For the protection
14 of life and the promotion of health, and the prevention of
15 illness and communicable diseases, any person practicing or
16 offering to practice professional and practical nursing in
17 Illinois shall submit evidence that he or she is qualified to
18 practice, and shall be licensed as provided under this Act.
19 No person shall practice or offer to practice professional or
20 practical nursing in Illinois or use any title, sign, card or
21 device to indicate that such a person is practicing
22 professional or practical nursing unless such person has been
23 licensed under the provisions of this Act.
24 This Act does not prohibit the following:
25 (a) The practice of nursing in Federal employment in the
26 discharge of the employee's duties by a person who is
27 employed by the United States government or any bureau,
28 division or agency thereof and is a legally qualified and
29 licensed nurse of another state or territory and not in
30 conflict with Sections 10-5, 10-30, and 10-45 of this Act.
31 (b) Nursing that is included in their program of study
32 by students enrolled in programs of nursing or in current
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1 nurse practice update courses approved by the Department.
2 (c) The furnishing of nursing assistance in an
3 emergency.
4 (d) The practice of nursing by a nurse who holds an
5 active license in another state when providing services to
6 patients in Illinois during a bonafide emergency or in
7 immediate preparation for or during interstate transit.
8 (e) The incidental care of the sick by members of the
9 family, domestic servants or housekeepers, or care of the
10 sick where treatment is by prayer or spiritual means.
11 (f) Persons from being employed as nursing aides,
12 attendants, orderlies, and other auxiliary workers in private
13 homes, long term care facilities, nurseries, hospitals or
14 other institutions.
15 (g) The practice of practical nursing by one who has
16 applied in writing to the Department in form and substance
17 satisfactory to the Department, for a license as a licensed
18 practical nurse and who has complied with all the provisions
19 under Section 10-30, except the passing of an examination to
20 be eligible to receive such license, until: the decision of
21 the Department that the applicant has failed to pass the next
22 available examination authorized by the Department or has
23 failed, without an approved excuse, to take the next
24 available examination authorized by the Department or until
25 the withdrawal of the application, but not to exceed 3
26 months. No applicant for licensure practicing under the
27 provisions of this paragraph shall practice practical nursing
28 except under the direct supervision of a registered
29 professional nurse licensed under this Act or a licensed
30 physician, dentist or podiatrist. In no instance shall any
31 such applicant practice or be employed in any supervisory
32 capacity.
33 (h) The practice of practical nursing by one who is a
34 licensed practical nurse under the laws of another U.S.
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1 jurisdiction and has applied in writing to the Department, in
2 form and substance satisfactory to the Department, for a
3 license as a licensed practical nurse and who is qualified to
4 receive such license under Section 10-30, until (1) the
5 expiration of 6 months after the filing of such written
6 application, (2) the withdrawal of such application, or (3)
7 the denial of such application by the Department.
8 (i) The practice of professional nursing by one who has
9 applied in writing to the Department in form and substance
10 satisfactory to the Department for a license as a registered
11 professional nurse and has complied with all the provisions
12 under Section 10-30 except the passing of an examination to
13 be eligible to receive such license, until the decision of
14 the Department that the applicant has failed to pass the next
15 available examination authorized by the Department or has
16 failed, without an approved excuse, to take the next
17 available examination authorized by the Department or until
18 the withdrawal of the application, but not to exceed 3
19 months. No applicant for licensure practicing under the
20 provisions of this paragraph shall practice professional
21 nursing except under the direct supervision of a registered
22 professional nurse licensed under this Act. In no instance
23 shall any such applicant practice or be employed in any
24 supervisory capacity.
25 (j) The practice of professional nursing by one who is a
26 registered professional nurse under the laws of another
27 state, territory of the United States or country and has
28 applied in writing to the Department, in form and substance
29 satisfactory to the Department, for a license as a registered
30 professional nurse and who is qualified to receive such
31 license under Section 10-30, until (1) the expiration of 6
32 months after the filing of such written application, (2) the
33 withdrawal of such application, or (3) the denial of such
34 application by the Department.
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1 (k) The practice of professional nursing that is
2 included in a program of study by one who is a registered
3 professional nurse under the laws of another state or
4 territory of the United States or foreign country, territory
5 or province and who is enrolled in a graduate nursing
6 education program or a program for the completion of a
7 baccalaureate nursing degree in this State, which includes
8 clinical supervision by faculty as determined by the
9 educational institution offering the program and the health
10 care organization where the practice of nursing occurs. The
11 educational institution will file with the Department each
12 academic term a list of the names and origin of license of
13 all professional nurses practicing nursing as part of their
14 programs under this provision.
15 (l) Any person licensed in this State under any other
16 Act from engaging in the practice for which she or he is
17 licensed.
18 (m) Direct care staff trained under Section 15.4 of the
19 Mental Health and Developmental Disabilities Administrative
20 Act.
21 An applicant for license practicing under the exceptions
22 set forth in subparagraphs (g), (h), (i), and (j) of this
23 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
24 Pend. respectively and no other.
25 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
26 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.".