Illinois 2023-2024 Regular Session

Illinois House Bill HB0559 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0001
2	1		HB0559 EnrolledLRB103 04144 BMS 49150 b HB0559 Enrolled LRB103 04144 BMS 49150 b
3	2		HB0559 Enrolled LRB103 04144 BMS 49150 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 1. This Act may be referred to as the Health Care
8		-	Workforce Reinforcement Act.
9		-	Section 5. The Department of Professional Regulation Law
10		-	of the Civil Administrative Code of Illinois is amended by
11		-	changing Section 2105-400 as follows:
12		-	(20 ILCS 2105/2105-400)
13		-	Sec. 2105-400. Emergency powers.
14		-	(a) Upon proclamation of a disaster by the Governor, as
15		-	provided for in the Illinois Emergency Management Agency Act,
16		-	the Secretary of Financial and Professional Regulation shall
17		-	have the following powers, which shall be exercised only in
18		-	coordination with the Illinois Emergency Management Agency and
19		-	the Department of Public Health:
20		-	(1) The power to suspend the requirements for
21		-	permanent or temporary licensure of persons who are
22		-	licensed in another state and are working under the
23		-	direction of the Illinois Emergency Management Agency and
24		-	the Department of Public Health pursuant to a declared
25		-	disaster.
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 1. This Act may be referred to as the Health Care
	7	+	5 Workforce Reinforcement Act.
	8	+	6 Section 5. The Department of Professional Regulation Law
	9	+	7 of the Civil Administrative Code of Illinois is amended by
	10	+	8 changing Section 2105-400 as follows:
	11	+	9 (20 ILCS 2105/2105-400)
	12	+	10 Sec. 2105-400. Emergency powers.
	13	+	11 (a) Upon proclamation of a disaster by the Governor, as
	14	+	12 provided for in the Illinois Emergency Management Agency Act,
	15	+	13 the Secretary of Financial and Professional Regulation shall
	16	+	14 have the following powers, which shall be exercised only in
	17	+	15 coordination with the Illinois Emergency Management Agency and
	18	+	16 the Department of Public Health:
	19	+	17 (1) The power to suspend the requirements for
	20	+	18 permanent or temporary licensure of persons who are
	21	+	19 licensed in another state and are working under the
	22	+	20 direction of the Illinois Emergency Management Agency and
	23	+	21 the Department of Public Health pursuant to a declared
	24	+	22 disaster.
26	25
27	26
28	27
29	28		HB0559 Enrolled LRB103 04144 BMS 49150 b
30	29
31	30
32		-	(2) The power to modify the scope of practice
33		-	restrictions under any licensing act administered by the
34		-	Department for any person working under the direction of
35		-	the Illinois Emergency Management Agency and the Illinois
36		-	Department of Public Health pursuant to the declared
37		-	disaster.
38		-	(3) The power to expand the exemption in Section 4(a)
39		-	of the Pharmacy Practice Act to those licensed
40		-	professionals whose scope of practice has been modified,
41		-	under paragraph (2) of subsection (a) of this Section, to
42		-	include any element of the practice of pharmacy as defined
43		-	in the Pharmacy Practice Act for any person working under
44		-	the direction of the Illinois Emergency Management Agency
45		-	and the Illinois Department of Public Health pursuant to
46		-	the declared disaster.
47		-	(b) Persons exempt from licensure under paragraph (1) of
48		-	subsection (a) of this Section and persons operating under
49		-	modified scope of practice provisions under paragraph (2) of
50		-	subsection (a) of this Section shall be exempt from licensure
51		-	or be subject to modified scope of practice only until the
52		-	declared disaster has ended as provided by law. For purposes
53		-	of this Section, persons working under the direction of an
54		-	emergency services and disaster agency accredited by the
55		-	Illinois Emergency Management Agency and a local public health
56		-	department, pursuant to a declared disaster, shall be deemed
57		-	to be working under the direction of the Illinois Emergency
58		-
59		-
60		-	Management Agency and the Department of Public Health.
61		-	(c) The Secretary or the Director, as his or her designee,
62		-	shall exercise these powers by way of proclamation.
63		-	(d) Any person who was issued a temporary out-of-state
64		-	permit by the Department pursuant to a proclamation issued by
65		-	the Secretary or related action by the Director in response to
66		-	the COVID-19 pandemic may continue to practice under his or
67		-	her temporary out-of-state permit if he or she submits an
68		-	application for licensure by endorsement to the Department on
69		-	or before May 11, 2023. Any such person may continue to
70		-	practice under his or her temporary out-of-state permit until
71		-	the Department issues the license or denies the application,
72		-	at which time the temporary out-of-state permit shall expire.
73		-	If the Department does not issue the license or does not deny
74		-	the application by May 11, 2024, the temporary out-of-state
75		-	permit shall expire. If the person holding a temporary
76		-	out-of-state permit does not submit an application for
77		-	licensure by endorsement to the Department on or before May
78		-	11, 2023, the temporary out-of-state COVID permit shall expire
79		-	on that date. The Secretary may extend the May 11, 2023
80		-	deadline under this subsection for an additional 60 days. This
81		-	subsection applies to the following licensed professions:
82		-	physician; registered nurse; practical nurse; advanced
83		-	practice registered nurse; full practice advanced practice
84		-	registered nurse; pharmacist; occupational therapist;
85		-	occupational therapy assistant; physical therapist; physical
86		-
87		-
88		-	therapist assistant; clinical psychologist; physician
89		-	assistant; clinical social worker; social worker; dietitian
90		-	nutritionist; professional counselor; clinical professional
91		-	counselor; and respiratory care practitioner.
92		-	(e) Any person who was issued a temporary reinstatement
93		-	permit by the Department pursuant to a proclamation issued by
94		-	the Secretary or related action by the Director in response to
95		-	the COVID-19 pandemic may continue to practice under his or
96		-	her temporary reinstatement permit if he or she submits an
97		-	application for restoration or reinstatement of his or her
98		-	license to the Department on or before May 11, 2023. Any such
99		-	person may continue to practice under his or her temporary
100		-	reinstatement permit until the Department restores or
101		-	reinstates the license or denies the application, at which
102		-	time the temporary reinstatement permit shall expire. If the
103		-	Department does not restore or reinstate the license or does
104		-	not deny the application by May 11, 2024, the temporary
105		-	reinstatement permit shall expire. If the person holding a
106		-	temporary reinstatement permit does not submit an application
107		-	for restoration or reinstatement to the Department on or
108		-	before May 11, 2023, the temporary reinstatement permit shall
109		-	expire on that date. The Secretary may extend the May 11, 2023
110		-	deadline under this subsection for an additional 60 days. This
111		-	subsection applies to the following licensed professions:
112		-	physician; registered nurse; practical nurse; advanced
113		-	practice registered nurse; full practice advanced practice
114		-
115		-
116		-	registered nurse; pharmacist; occupational therapist;
117		-	occupational therapy assistant; physical therapist; physical
118		-	therapist assistant; clinical psychologist; physician
119		-	assistant; clinical social worker; social worker; dietitian
120		-	nutritionist; professional counselor; clinical professional
121		-	counselor; and respiratory care practitioner.
122		-	(Source: P.A. 99-227, eff. 8-3-15.)
123		-	Section 10. The Assisted Living and Shared Housing Act is
124		-	amended by changing Sections 40 and 110 as follows:
125		-	(210 ILCS 9/40)
126		-	Sec. 40. Probationary licenses. If the applicant has not
127		-	been previously licensed under this Act or if the
128		-	establishment is not in operation at the time the application
129		-	is made and if the Department determines that the applicant
130		-	meets the licensure requirements of this Act, the Department
131		-	shall issue a probationary license. A probationary license
132		-	shall be valid for 120 days unless sooner suspended or
133		-	revoked. Within 30 days prior to the termination of a
134		-	probationary license, the Department shall fully and
135		-	completely review the establishment and, if the establishment
136		-	meets the applicable requirements for licensure, shall issue a
137		-	license, except that, during a statewide public health
138		-	emergency, as defined in the Illinois Emergency Management
139		-	Agency Act, the Department shall fully and completely review
140		-
141		-
142		-	the establishment to the extent feasible. If the Department
143		-	finds that the establishment does not meet the requirements
144		-	for licensure, but has made substantial progress toward
145		-	meeting those requirements, the license may be renewed once
146		-	for a period not to exceed 120 days from the expiration date of
147		-	the initial probationary license.
148		-	(Source: P.A. 93-1003, eff. 8-23-04.)
149		-	(210 ILCS 9/110)
150		-	Sec. 110. Powers and duties of the Department.
151		-	(a) The Department shall conduct an annual unannounced
152		-	on-site visit at each assisted living and shared housing
153		-	establishment to determine compliance with applicable
154		-	licensure requirements and standards, except that, during a
155		-	statewide public health emergency, as defined in the Illinois
156		-	Emergency Management Agency Act, the Department shall conduct
157		-	on-site reviews and annual unannounced on-site visits to the
158		-	extent feasible. Additional visits may be conducted without
159		-	prior notice to the assisted living or shared housing
160		-	establishment.
161		-	(b) Upon receipt of information that may indicate the
162		-	failure of the assisted living or shared housing establishment
163		-	or a service provider to comply with a provision of this Act,
164		-	the Department shall investigate the matter or make
165		-	appropriate referrals to other government agencies and
166		-	entities having jurisdiction over the subject matter of the
167		-
168		-
169		-	possible violation. The Department may also make referrals to
170		-	any public or private agency that the Department considers
171		-	available for appropriate assistance to those involved. The
172		-	Department may oversee and coordinate the enforcement of State
173		-	consumer protection policies affecting residents residing in
174		-	an establishment licensed under this Act.
175		-	(c) The Department shall establish by rule complaint
176		-	receipt, investigation, resolution, and involuntary residency
177		-	termination procedures. Resolution procedures shall provide
178		-	for on-site review and evaluation of an assisted living or
179		-	shared housing establishment found to be in violation of this
180		-	Act within a specified period of time based on the gravity and
181		-	severity of the violation and any pervasive pattern of
182		-	occurrences of the same or similar violations.
183		-	(d) (Blank).
184		-	(e) The Department shall by rule establish penalties and
185		-	sanctions, which shall include, but need not be limited to,
186		-	the creation of a schedule of graduated penalties and
187		-	sanctions to include closure.
188		-	(f) The Department shall by rule establish procedures for
189		-	disclosure of information to the public, which shall include,
190		-	but not be limited to, ownership, licensure status, frequency
191		-	of complaints, disposition of substantiated complaints, and
192		-	disciplinary actions.
193		-	(g) (Blank).
194		-	(h) Beginning January 1, 2000, the Department shall begin
195		-
196		-
197		-	drafting rules necessary for the administration of this Act.
198		-	(Source: P.A. 96-975, eff. 7-2-10.)
199		-	Section 15. The Nursing Home Care Act is amended by
200		-	changing Sections 3-102.2, 3-116, 3-202.5, 3-202.6, 3-206, and
201		-	3-702 as follows:
202		-	(210 ILCS 45/3-102.2)
203		-	Sec. 3-102.2. Supported congregate living arrangement
204		-	demonstration. The Illinois Department may grant no more than
205		-	3 waivers from the requirements of this Act for facilities
206		-	participating in the supported congregate living arrangement
207		-	demonstration. A joint waiver request must be made by an
208		-	applicant and the Department on Aging. If the Department on
209		-	Aging does not act upon an application within 60 days, the
210		-	applicant may submit a written waiver request on its own
211		-	behalf. The waiver request must include a specific program
212		-	plan describing the types of residents to be served and the
213		-	services that will be provided in the facility. The Department
214		-	shall conduct an on-site review at each facility annually or
215		-	as often as necessary to ascertain compliance with the program
216		-	plan, except that, during a statewide public health emergency,
217		-	as defined in the Illinois Emergency Management Agency Act,
218		-	the Department shall conduct on-site reviews and annual
219		-	unannounced on-site visits to the extent feasible. The
220		-	Department may revoke the waiver if it determines that the
221		-
222		-
223		-	facility is not in compliance with the program plan. Nothing
224		-	in this Section prohibits the Department from conducting
225		-	complaint investigations.
226		-	A facility granted a waiver under this Section is not
227		-	subject to the Illinois Health Facilities Planning Act, unless
228		-	it subsequently applies for a certificate of need to convert
229		-	to a nursing facility. A facility applying for conversion
230		-	shall meet the licensure and certificate of need requirements
231		-	in effect as of the date of application, and this provision may
232		-	not be waived.
233		-	(Source: P.A. 89-530, eff. 7-19-96.)
234		-	(210 ILCS 45/3-116) (from Ch. 111 1/2, par. 4153-116)
235		-	Sec. 3-116. If the applicant has not been previously
236		-	licensed or if the facility is not in operation at the time
237		-	application is made, the Department shall issue only a
238		-	probationary license. A probationary license shall be valid
239		-	for 120 days unless sooner suspended or revoked under Section
240		-	3-119. Within 30 days prior to the termination of a
241		-	probationary license, the Department shall fully and
242		-	completely inspect the facility and, if the facility meets the
243		-	applicable requirements for licensure, shall issue a license
244		-	under Section 3-109, except that, during a statewide public
245		-	health emergency, as defined in the Illinois Emergency
246		-	Management Agency Act, the Department shall fully and
247		-	completely inspect the establishment within appropriate time
248		-
249		-
250		-	frames to the extent feasible. If the Department finds that
251		-	the facility does not meet the requirements for licensure but
252		-	has made substantial progress toward meeting those
253		-	requirements, the license may be renewed once for a period not
254		-	to exceed 120 days from the expiration date of the initial
255		-	probationary license.
256		-	(Source: P.A. 81-223.)
257		-	(210 ILCS 45/3-202.5)
258		-	Sec. 3-202.5. Facility plan review; fees.
259		-	(a) Before commencing construction of a new facility or
260		-	specified types of alteration or additions to an existing long
261		-	term care facility involving major construction, as defined by
262		-	rule by the Department, with an estimated cost greater than
263		-	$100,000, architectural drawings and specifications for the
264		-	facility shall be submitted to the Department for review and
265		-	approval. A facility may submit architectural drawings and
266		-	specifications for other construction projects for Department
267		-	review according to subsection (b) that shall not be subject
268		-	to fees under subsection (d). Review of drawings and
269		-	specifications shall be conducted by an employee of the
270		-	Department meeting the qualifications established by the
271		-	Department of Central Management Services class specifications
272		-	for such an individual's position or by a person contracting
273		-	with the Department who meets those class specifications.
274		-	Final approval of the drawings and specifications for
275		-
276		-
277		-	compliance with design and construction standards shall be
278		-	obtained from the Department before the alteration, addition,
279		-	or new construction is begun.
280		-	(b) The Department shall inform an applicant in writing
281		-	within 10 working days after receiving drawings and
282		-	specifications and the required fee, if any, from the
283		-	applicant whether the applicant's submission is complete or
284		-	incomplete. Failure to provide the applicant with this notice
285		-	within 10 working days shall result in the submission being
286		-	deemed complete for purposes of initiating the 60-day review
287		-	period under this Section. If the submission is incomplete,
288		-	the Department shall inform the applicant of the deficiencies
289		-	with the submission in writing. If the submission is complete
290		-	the required fee, if any, has been paid, the Department shall
291		-	approve or disapprove drawings and specifications submitted to
292		-	the Department no later than 60 days following receipt by the
293		-	Department. The drawings and specifications shall be of
294		-	sufficient detail, as provided by Department rule, to enable
295		-	the Department to render a determination of compliance with
296		-	design and construction standards under this Act. If the
297		-	Department finds that the drawings are not of sufficient
298		-	detail for it to render a determination of compliance, the
299		-	plans shall be determined to be incomplete and shall not be
300		-	considered for purposes of initiating the 60-day 60 day review
301		-	period. If a submission of drawings and specifications is
302		-	incomplete, the applicant may submit additional information.
303		-
304		-
305		-	The 60-day review period shall not commence until the
306		-	Department determines that a submission of drawings and
307		-	specifications is complete or the submission is deemed
308		-	complete. If the Department has not approved or disapproved
309		-	the drawings and specifications within 60 days, the
310		-	construction, major alteration, or addition shall be deemed
311		-	approved. If the drawings and specifications are disapproved,
312		-	the Department shall state in writing, with specificity, the
313		-	reasons for the disapproval. The entity submitting the
314		-	drawings and specifications may submit additional information
315		-	in response to the written comments from the Department or
316		-	request a reconsideration of the disapproval. A final decision
317		-	of approval or disapproval shall be made within 45 days of the
318		-	receipt of the additional information or reconsideration
319		-	request. If denied, the Department shall state the specific
320		-	reasons for the denial.
321		-	(c) The Department shall provide written approval for
322		-	occupancy pursuant to subsection (g) and shall not issue a
323		-	violation to a facility as a result of a licensure or complaint
324		-	survey based upon the facility's physical structure if:
325		-	(1) the Department reviewed and approved or deemed
326		-	approved the drawings and specifications for compliance
327		-	with design and construction standards;
328		-	(2) the construction, major alteration, or addition
329		-	was built as submitted;
330		-	(3) the law or rules have not been amended since the
331		-
332		-
333		-	original approval; and
334		-	(4) the conditions at the facility indicate that there
335		-	is a reasonable degree of safety provided for the
336		-	residents.
337		-	(d) The Department shall charge the following fees in
338		-	connection with its reviews conducted before June 30, 2004
339		-	under this Section:
340		-	(1) (Blank).
341		-	(2) (Blank).
342		-	(3) If the estimated dollar value of the alteration,
343		-	addition, or new construction is $100,000 or more but less
344		-	than $500,000, the fee shall be the greater of $2,400 or
345		-	1.2% of that value.
346		-	(4) If the estimated dollar value of the alteration,
347		-	addition, or new construction is $500,000 or more but less
348		-	than $1,000,000, the fee shall be the greater of $6,000 or
349		-	0.96% of that value.
350		-	(5) If the estimated dollar value of the alteration,
351		-	addition, or new construction is $1,000,000 or more but
352		-	less than $5,000,000, the fee shall be the greater of
353		-	$9,600 or 0.22% of that value.
354		-	(6) If the estimated dollar value of the alteration,
355		-	addition, or new construction is $5,000,000 or more, the
356		-	fee shall be the greater of $11,000 or 0.11% of that value,
357		-	but shall not exceed $40,000.
358		-	The fees provided in this subsection (d) shall not apply
359		-
360		-
361		-	to major construction projects involving facility changes that
362		-	are required by Department rule amendments.
363		-	The fees provided in this subsection (d) shall also not
364		-	apply to major construction projects if 51% or more of the
365		-	estimated cost of the project is attributed to capital
366		-	equipment. For major construction projects where 51% or more
367		-	of the estimated cost of the project is attributed to capital
368		-	equipment, the Department shall by rule establish a fee that
369		-	is reasonably related to the cost of reviewing the project.
370		-	The Department shall not commence the facility plan review
371		-	process under this Section until the applicable fee has been
372		-	paid.
373		-	(e) All fees received by the Department under this Section
374		-	shall be deposited into the Health Facility Plan Review Fund,
375		-	a special fund created in the State Treasury. All fees paid by
376		-	long-term care facilities under subsection (d) shall be used
377		-	only to cover the costs relating to the Department's review of
378		-	long-term care facility projects under this Section. Moneys
379		-	shall be appropriated from that Fund to the Department only to
380		-	pay the costs of conducting reviews under this Section or
381		-	under Section 3-202.5 of the ID/DD Community Care Act or
382		-	Section 3-202.5 of the MC/DD Act. None of the moneys in the
383		-	Health Facility Plan Review Fund shall be used to reduce the
384		-	amount of General Revenue Fund moneys appropriated to the
385		-	Department for facility plan reviews conducted pursuant to
386		-	this Section.
387		-
388		-
389		-	(f)(1) The provisions of this amendatory Act of 1997
390		-	concerning drawings and specifications shall apply only to
391		-	drawings and specifications submitted to the Department on or
392		-	after October 1, 1997.
393		-	(2) On and after the effective date of this amendatory Act
394		-	of 1997 and before October 1, 1997, an applicant may submit or
395		-	resubmit drawings and specifications to the Department and pay
396		-	the fees provided in subsection (d). If an applicant pays the
397		-	fees provided in subsection (d) under this paragraph (2), the
398		-	provisions of subsection (b) shall apply with regard to those
399		-	drawings and specifications.
400		-	(g) The Department shall conduct an on-site inspection of
401		-	the completed project no later than 30 days after notification
402		-	from the applicant that the project has been completed and all
403		-	certifications required by the Department have been received
404		-	and accepted by the Department, except that, during a
405		-	statewide public health emergency, as defined in the Illinois
406		-	Emergency Management Agency Act, the Department shall conduct
407		-	an on-site inspection of the completed project to the extent
408		-	feasible. The Department shall provide written approval for
409		-	occupancy to the applicant within 5 working days of the
410		-	Department's final inspection, provided the applicant has
411		-	demonstrated substantial compliance as defined by Department
412		-	rule. Occupancy of new major construction is prohibited until
413		-	Department approval is received, unless the Department has not
414		-	acted within the time frames provided in this subsection (g),
415		-
416		-
417		-	in which case the construction shall be deemed approved.
418		-	Occupancy shall be authorized after any required health
419		-	inspection by the Department has been conducted.
420		-	(h) The Department shall establish, by rule, a procedure
421		-	to conduct interim on-site review of large or complex
422		-	construction projects.
423		-	(i) The Department shall establish, by rule, an expedited
424		-	process for emergency repairs or replacement of like
425		-	equipment.
426		-	(j) Nothing in this Section shall be construed to apply to
427		-	maintenance, upkeep, or renovation that does not affect the
428		-	structural integrity of the building, does not add beds or
429		-	services over the number for which the long-term care facility
430		-	is licensed, and provides a reasonable degree of safety for
431		-	the residents.
432		-	(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
433		-	(210 ILCS 45/3-202.6)
434		-	Sec. 3-202.6. Department of Veterans' Affairs facility
435		-	plan review.
436		-	(a) Before commencing construction of a new facility or
437		-	specified types of alteration or additions to an existing
438		-	long-term care facility involving major construction, as
439		-	defined by rule by the Department, with an estimated cost
440		-	greater than $100,000, architectural drawings and
441		-	specifications for the facility shall be submitted to the
442		-
443		-
444		-	Department for review. A facility may submit architectural
445		-	drawings and specifications for other construction projects
446		-	for Department review according to subsection (b) of this
447		-	Section. Review of drawings and specifications shall be
448		-	conducted by an employee of the Department meeting the
449		-	qualifications established by the Department of Central
450		-	Management Services class specifications for such an
451		-	individual's position or by a person contracting with the
452		-	Department who meets those class specifications.
453		-	(b) The Department shall inform an applicant in writing
454		-	within 15 working days after receiving drawings and
455		-	specifications from the applicant whether the applicant's
456		-	submission is complete or incomplete. Failure to provide the
457		-	applicant with this notice within 15 working days after
458		-	receiving drawings and specifications from the applicant shall
459		-	result in the submission being deemed complete for purposes of
460		-	initiating the 60-working-day review period under this
461		-	Section. If the submission is incomplete, the Department shall
462		-	inform the applicant of the deficiencies with the submission
463		-	in writing.
464		-	If the submission is complete, the Department shall
465		-	approve or disapprove drawings and specifications submitted to
466		-	the Department no later than 60 working days following receipt
467		-	by the Department. The drawings and specifications shall be of
468		-	sufficient detail, as provided by Department rule, to enable
469		-	the Department to render a determination of compliance with
470		-
471		-
472		-	design and construction standards under this Act. If the
473		-	Department finds that the drawings are not of sufficient
474		-	detail for it to render a determination of compliance, the
475		-	plans shall be determined to be incomplete and shall not be
476		-	considered for purposes of initiating the 60-working-day
477		-	review period. If a submission of drawings and specifications
478		-	is incomplete, the applicant may submit additional
479		-	information. The 60-working-day review period shall not
480		-	commence until the Department determines that a submission of
481		-	drawings and specifications is complete or the submission is
482		-	deemed complete. If the Department has not approved or
483		-	disapproved the drawings and specifications within 60 working
484		-	days after receipt by the Department, the construction, major
485		-	alteration, or addition shall be deemed approved. If the
486		-	drawings and specifications are disapproved, the Department
487		-	shall state in writing, with specificity, the reasons for the
488		-	disapproval. The entity submitting the drawings and
489		-	specifications may submit additional information in response
490		-	to the written comments from the Department or request a
491		-	reconsideration of the disapproval. A final decision of
492		-	approval or disapproval shall be made within 45 working days
493		-	after the receipt of the additional information or
494		-	reconsideration request. If denied, the Department shall state
495		-	the specific reasons for the denial.
496		-	(c) The Department shall provide written approval for
497		-	occupancy pursuant to subsection (e) of this Section and shall
498		-
499		-
500		-	not issue a violation to a facility as a result of a licensure
501		-	or complaint survey based upon the facility's physical
502		-	structure if:
503		-	(1) the Department reviewed and approved or is deemed
504		-	to have approved the drawings and specifications for
505		-	compliance with design and construction standards;
506		-	(2) the construction, major alteration, or addition
507		-	was built as submitted;
508		-	(3) the law or rules have not been amended since the
509		-	original approval; and
510		-	(4) the conditions at the facility indicate that there
511		-	is a reasonable degree of safety provided for the
512		-	residents.
513		-	(d) The Department shall not charge a fee in connection
514		-	with its reviews to the Department of Veterans' Affairs.
515		-	(e) The Department shall conduct an on-site inspection of
516		-	the completed project no later than 45 working days after
517		-	notification from the applicant that the project has been
518		-	completed and all certifications required by the Department
519		-	have been received and accepted by the Department, except
520		-	that, during a statewide public health emergency, as defined
521		-	in the Illinois Emergency Management Agency Act, the
522		-	Department shall conduct an on-site inspection of the
523		-	completed project to the extent feasible. The Department may
524		-	extend this deadline if a federally mandated survey time frame
525		-	takes precedence. The Department shall provide written
526		-
527		-
528		-	approval for occupancy to the applicant within 7 working days
529		-	after the Department's final inspection, provided the
530		-	applicant has demonstrated substantial compliance as defined
531		-	by Department rule. Occupancy of new major construction is
532		-	prohibited until Department approval is received, unless the
533		-	Department has not acted within the time frames provided in
534		-	this subsection (e), in which case the construction shall be
535		-	deemed approved. Occupancy shall be authorized after any
536		-	required health inspection by the Department has been
537		-	conducted.
538		-	(f) The Department shall establish, by rule, an expedited
539		-	process for emergency repairs or replacement of like
540		-	equipment.
541		-	(g) Nothing in this Section shall be construed to apply to
542		-	maintenance, upkeep, or renovation that does not affect the
543		-	structural integrity or fire or life safety of the building,
544		-	does not add beds or services over the number for which the
545		-	long-term care facility is licensed, and provides a reasonable
546		-	degree of safety for the residents.
547		-	(h) If the number of licensed facilities increases or the
548		-	number of beds for the currently licensed facilities
549		-	increases, the Department has the right to reassess the
550		-	mandated time frames listed in this Section.
551		-	(Source: P.A. 99-314, eff. 8-7-15.)
552		-	(210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
553		-
554		-
555		-	Sec. 3-206. The Department shall prescribe a curriculum
556		-	for training nursing assistants, habilitation aides, and child
557		-	care aides.
558		-	(a) No person, except a volunteer who receives no
559		-	compensation from a facility and is not included for the
560		-	purpose of meeting any staffing requirements set forth by the
561		-	Department, shall act as a nursing assistant, habilitation
562		-	aide, or child care aide in a facility, nor shall any person,
563		-	under any other title, not licensed, certified, or registered
564		-	to render medical care by the Department of Financial and
565		-	Professional Regulation, assist with the personal, medical, or
566		-	nursing care of residents in a facility, unless such person
567		-	meets the following requirements:
568		-	(1) Be at least 16 years of age, of temperate habits
569		-	and good moral character, honest, reliable and
570		-	trustworthy.
571		-	(2) Be able to speak and understand the English
572		-	language or a language understood by a substantial
573		-	percentage of the facility's residents.
574		-	(3) Provide evidence of employment or occupation, if
575		-	any, and residence for 2 years prior to his present
576		-	employment.
577		-	(4) Have completed at least 8 years of grade school or
578		-	provide proof of equivalent knowledge.
579		-	(5) Begin a current course of training for nursing
580		-	assistants, habilitation aides, or child care aides,
581		-
582		-
583		-	approved by the Department, within 45 days of initial
584		-	employment in the capacity of a nursing assistant,
585		-	habilitation aide, or child care aide at any facility.
586		-	Such courses of training shall be successfully completed
587		-	within 120 days of initial employment in the capacity of
588		-	nursing assistant, habilitation aide, or child care aide
589		-	at a facility. Nursing assistants, habilitation aides, and
590		-	child care aides who are enrolled in approved courses in
591		-	community colleges or other educational institutions on a
592		-	term, semester, or trimester basis, shall be exempt from
593		-	the 120-day completion time limit. During a statewide
594		-	public health emergency, as defined in the Illinois
595		-	Emergency Management Agency Act, all nursing assistants,
596		-	habilitation aides, and child care aides shall, to the
597		-	extent feasible, complete the training. The Department
598		-	shall adopt rules for such courses of training. These
599		-	rules shall include procedures for facilities to carry on
600		-	an approved course of training within the facility. The
601		-	Department shall allow an individual to satisfy the
602		-	supervised clinical experience requirement for placement
603		-	on the Health Care Worker Registry under 77 Ill. Adm. Code
604		-	300.663 through supervised clinical experience at an
605		-	assisted living establishment licensed under the Assisted
606		-	Living and Shared Housing Act. The Department shall adopt
607		-	rules requiring that the Health Care Worker Registry
608		-	include information identifying where an individual on the
609		-
610		-
611		-	Health Care Worker Registry received his or her clinical
612		-	training.
613		-	The Department may accept comparable training in lieu
614		-	of the 120-hour course for student nurses, foreign nurses,
615		-	military personnel, or employees of the Department of
616		-	Human Services.
617		-	The Department shall accept on-the-job experience in
618		-	lieu of clinical training from any individual who
619		-	participated in the temporary nursing assistant program
620		-	during the COVID-19 pandemic before the end date of the
621		-	temporary nursing assistant program and left the program
622		-	in good standing, and the Department shall notify all
623		-	approved certified nurse assistant training programs in
624		-	the State of this requirement. The individual shall
625		-	receive one hour of credit for every hour employed as a
626		-	temporary nursing assistant, up to 40 total hours, and
627		-	shall be permitted 90 days after the end date of the
628		-	temporary nursing assistant program to enroll in an
629		-	approved certified nursing assistant training program and
630		-	240 days to successfully complete the certified nursing
631		-	assistant training program. Temporary nursing assistants
632		-	who enroll in a certified nursing assistant training
633		-	program within 90 days of the end of the temporary nursing
634		-	assistant program may continue to work as a nursing
635		-	assistant for up to 240 days after enrollment in the
636		-	certified nursing assistant training program. As used in
637		-
638		-
639		-	this Section, "temporary nursing assistant program" means
640		-	the program implemented by the Department of Public Health
641		-	by emergency rule, as listed in 44 Ill. Reg. 7936,
642		-	effective April 21, 2020.
643		-	The facility shall develop and implement procedures,
644		-	which shall be approved by the Department, for an ongoing
645		-	review process, which shall take place within the
646		-	facility, for nursing assistants, habilitation aides, and
647		-	child care aides.
648		-	At the time of each regularly scheduled licensure
649		-	survey, or at the time of a complaint investigation, the
650		-	Department may require any nursing assistant, habilitation
651		-	aide, or child care aide to demonstrate, either through
652		-	written examination or action, or both, sufficient
653		-	knowledge in all areas of required training. If such
654		-	knowledge is inadequate the Department shall require the
655		-	nursing assistant, habilitation aide, or child care aide
656		-	to complete inservice training and review in the facility
657		-	until the nursing assistant, habilitation aide, or child
658		-	care aide demonstrates to the Department, either through
659		-	written examination or action, or both, sufficient
660		-	knowledge in all areas of required training.
661		-	(6) Be familiar with and have general skills related
662		-	to resident care.
663		-	(a-0.5) An educational entity, other than a secondary
664		-	school, conducting a nursing assistant, habilitation aide, or
665		-
666		-
667		-	child care aide training program shall initiate a criminal
668		-	history record check in accordance with the Health Care Worker
669		-	Background Check Act prior to entry of an individual into the
670		-	training program. A secondary school may initiate a criminal
671		-	history record check in accordance with the Health Care Worker
672		-	Background Check Act at any time during or after a training
673		-	program.
674		-	(a-1) Nursing assistants, habilitation aides, or child
675		-	care aides seeking to be included on the Health Care Worker
676		-	Registry under the Health Care Worker Background Check Act on
677		-	or after January 1, 1996 must authorize the Department of
678		-	Public Health or its designee to request a criminal history
679		-	record check in accordance with the Health Care Worker
680		-	Background Check Act and submit all necessary information. An
681		-	individual may not newly be included on the Health Care Worker
682		-	Registry unless a criminal history record check has been
683		-	conducted with respect to the individual.
684		-	(b) Persons subject to this Section shall perform their
685		-	duties under the supervision of a licensed nurse.
686		-	(c) It is unlawful for any facility to employ any person in
687		-	the capacity of nursing assistant, habilitation aide, or child
688		-	care aide, or under any other title, not licensed by the State
689		-	of Illinois to assist in the personal, medical, or nursing
690		-	care of residents in such facility unless such person has
691		-	complied with this Section.
692		-	(d) Proof of compliance by each employee with the
693		-
694		-
695		-	requirements set out in this Section shall be maintained for
696		-	each such employee by each facility in the individual
697		-	personnel folder of the employee. Proof of training shall be
698		-	obtained only from the Health Care Worker Registry.
699		-	(e) Each facility shall obtain access to the Health Care
700		-	Worker Registry's web application, maintain the employment and
701		-	demographic information relating to each employee, and verify
702		-	by the category and type of employment that each employee
703		-	subject to this Section meets all the requirements of this
704		-	Section.
705		-	(f) Any facility that is operated under Section 3-803
706		-	shall be exempt from the requirements of this Section.
707		-	(g) Each skilled nursing and intermediate care facility
708		-	that admits persons who are diagnosed as having Alzheimer's
709		-	disease or related dementias shall require all nursing
710		-	assistants, habilitation aides, or child care aides, who did
711		-	not receive 12 hours of training in the care and treatment of
712		-	such residents during the training required under paragraph
713		-	(5) of subsection (a), to obtain 12 hours of in-house training
714		-	in the care and treatment of such residents. If the facility
715		-	does not provide the training in-house, the training shall be
716		-	obtained from other facilities, community colleges or other
717		-	educational institutions that have a recognized course for
718		-	such training. The Department shall, by rule, establish a
719		-	recognized course for such training. The Department's rules
720		-	shall provide that such training may be conducted in-house at
721		-
722		-
723		-	each facility subject to the requirements of this subsection,
724		-	in which case such training shall be monitored by the
725		-	Department.
726		-	The Department's rules shall also provide for
727		-	circumstances and procedures whereby any person who has
728		-	received training that meets the requirements of this
729		-	subsection shall not be required to undergo additional
730		-	training if he or she is transferred to or obtains employment
731		-	at a different facility or a facility other than a long-term
732		-	care facility but remains continuously employed for pay as a
733		-	nursing assistant, habilitation aide, or child care aide.
734		-	Individuals who have performed no nursing or nursing-related
735		-	services for a period of 24 consecutive months shall be listed
736		-	as "inactive" and as such do not meet the requirements of this
737		-	Section. Licensed sheltered care facilities shall be exempt
738		-	from the requirements of this Section.
739		-	An individual employed during the COVID-19 pandemic as a
740		-	nursing assistant in accordance with any Executive Orders,
741		-	emergency rules, or policy memoranda related to COVID-19 shall
742		-	be assumed to meet competency standards and may continue to be
743		-	employed as a certified nurse assistant when the pandemic ends
744		-	and the Executive Orders or emergency rules lapse. Such
745		-	individuals shall be listed on the Department's Health Care
746		-	Worker Registry website as "active".
747		-	(Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17;
748		-	100-863, eff. 8-14-18; 101-655, eff. 3-12-21.)
749		-
750		-
751		-	(210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
752		-	Sec. 3-702. (a) A person who believes that this Act or a
753		-	rule promulgated under this Act may have been violated may
754		-	request an investigation. The request may be submitted to the
755		-	Department in writing, by telephone, by electronic means, or
756		-	by personal visit. An oral complaint shall be reduced to
757		-	writing by the Department. The Department shall make
758		-	available, through its website and upon request, information
759		-	regarding the oral and phone intake processes and the list of
760		-	questions that will be asked of the complainant. The
761		-	Department shall request information identifying the
762		-	complainant, including the name, address, and telephone
763		-	number, to help enable appropriate follow-up. The Department
764		-	shall act on such complaints via on-site visits or other
765		-	methods deemed appropriate to handle the complaints with or
766		-	without such identifying information, as otherwise provided
767		-	under this Section. The complainant shall be informed that
768		-	compliance with such request is not required to satisfy the
769		-	procedures for filing a complaint under this Act. The
770		-	Department must notify complainants that complaints with less
771		-	information provided are far more difficult to respond to and
772		-	investigate.
773		-	(b) The substance of the complaint shall be provided in
774		-	writing to the licensee, owner, or administrator no earlier
775		-	than at the commencement of an on-site inspection of the
776		-
777		-
778		-	facility which takes place pursuant to the complaint.
779		-	(c) The Department shall not disclose the name of the
780		-	complainant unless the complainant consents in writing to the
781		-	disclosure or the investigation results in a judicial
782		-	proceeding, or unless disclosure is essential to the
783		-	investigation. The complainant shall be given the opportunity
784		-	to withdraw the complaint before disclosure. Upon the request
785		-	of the complainant, the Department may permit the complainant
786		-	or a representative of the complainant to accompany the person
787		-	making the on-site inspection of the facility.
788		-	(d) Upon receipt of a complaint, the Department shall
789		-	determine whether this Act or a rule promulgated under this
790		-	Act has been or is being violated. The Department shall
791		-	investigate all complaints alleging abuse or neglect within 7
792		-	days after the receipt of the complaint except that complaints
793		-	of abuse or neglect which indicate that a resident's life or
794		-	safety is in imminent danger shall be investigated within 24
795		-	hours after receipt of the complaint. All other complaints
796		-	shall be investigated within 30 days after the receipt of the
797		-	complaint, except that, during a statewide public health
798		-	emergency, as defined in the Illinois Emergency Management
799		-	Agency Act, all other complaints shall be investigated within
800		-	appropriate time frames to the extent feasible. The Department
801		-	employees investigating a complaint shall conduct a brief,
802		-	informal exit conference with the facility to alert its
803		-	administration of any suspected serious deficiency that poses
804		-
805		-
806		-	a direct threat to the health, safety, or welfare of a resident
807		-	to enable an immediate correction for the alleviation or
808		-	elimination of such threat. Such information and findings
809		-	discussed in the brief exit conference shall become a part of
810		-	the investigating record but shall not in any way constitute
811		-	an official or final notice of violation as provided under
812		-	Section 3-301. All complaints shall be classified as "an
813		-	invalid report", "a valid report", or "an undetermined
814		-	report". For any complaint classified as "a valid report", the
815		-	Department must determine within 30 working days after any
816		-	Department employee enters a facility to begin an on-site
817		-	inspection if any rule or provision of this Act has been or is
818		-	being violated.
819		-	(d-1) The Department shall, whenever possible, combine an
820		-	on-site investigation of a complaint in a facility with other
821		-	inspections in order to avoid duplication of inspections.
822		-	(e) In all cases, the Department shall inform the
823		-	complainant of its findings within 10 days of its
824		-	determination unless otherwise indicated by the complainant,
825		-	and the complainant may direct the Department to send a copy of
826		-	such findings to another person. The Department's findings may
827		-	include comments or documentation provided by either the
828		-	complainant or the licensee pertaining to the complaint. The
829		-	Department shall also notify the facility of such findings
830		-	within 10 days of the determination, but the name of the
831		-	complainant or residents shall not be disclosed in this notice
832		-
833		-
834		-	to the facility. The notice of such findings shall include a
835		-	copy of the written determination; the correction order, if
836		-	any; the warning notice, if any; the inspection report; or the
837		-	State licensure form on which the violation is listed.
838		-	(f) A written determination, correction order, or warning
839		-	notice concerning a complaint, together with the facility's
840		-	response, shall be available for public inspection, but the
841		-	name of the complainant or resident shall not be disclosed
842		-	without his consent.
843		-	(g) A complainant who is dissatisfied with the
844		-	determination or investigation by the Department may request a
845		-	hearing under Section 3-703. The facility shall be given
846		-	notice of any such hearing and may participate in the hearing
847		-	as a party. If a facility requests a hearing under Section
848		-	3-703 which concerns a matter covered by a complaint, the
849		-	complainant shall be given notice and may participate in the
850		-	hearing as a party. A request for a hearing by either a
851		-	complainant or a facility shall be submitted in writing to the
852		-	Department within 30 days after the mailing of the
853		-	Department's findings as described in subsection (e) of this
854		-	Section. Upon receipt of the request the Department shall
855		-	conduct a hearing as provided under Section 3-703.
856		-	(g-5) The Department shall conduct an annual review of all
857		-	survey activity from the preceding fiscal year and make a
858		-	report concerning the complaint and survey process. The report
859		-	shall include, but not be limited to:
860		-
861		-
862		-	(1) the total number of complaints received;
863		-	(2) the breakdown of 24-hour, 7-day, and 30-day
864		-	complaints;
865		-	(3) the breakdown of anonymous and non-anonymous
866		-	complaints;
867		-	(4) the number of complaints that were substantiated
868		-	versus unsubstantiated;
869		-	(5) the total number of substantiated complaints that
870		-	were completed in the time frame determined under
871		-	subsection (d);
872		-	(6) the total number of informal dispute resolutions
873		-	requested;
874		-	(7) the total number of informal dispute resolution
875		-	requests approved;
876		-	(8) the total number of informal dispute resolutions
877		-	that were overturned or reduced in severity;
878		-	(9) the total number of nurse surveyors hired during
879		-	the calendar year;
880		-	(10) the total number of nurse surveyors who left
881		-	Department employment;
882		-	(11) the average length of tenure for nurse surveyors
883		-	employed by the Department at the time the report is
884		-	created;
885		-	(12) the total number of times the Department imposed
886		-	discretionary denial of payment within 15 days of notice
887		-	and within 2 days of notice as well as the number of times
888		-
889		-
890		-	the discretionary denial of payment took effect; and
891		-	(13) any other complaint information requested by the
892		-	Long-Term Care Facility Advisory Board created under
893		-	Section 2-204 of this Act or the Illinois Long-Term Care
894		-	Council created under Section 4.04a of the Illinois Act on
895		-	the Aging.
896		-	This report shall be provided to the Long-Term Care
897		-	Facility Advisory Board, the Illinois Long-Term Care Council,
898		-	and the General Assembly. The Long-Term Care Facility Advisory
899		-	Board and the Illinois Long-Term Care Council shall review the
900		-	report and suggest any changes deemed necessary to the
901		-	Department for review and action, including how to investigate
902		-	and substantiate anonymous complaints.
903		-	(h) Any person who knowingly transmits a false report to
904		-	the Department commits the offense of disorderly conduct under
905		-	subsection (a)(8) of Section 26-1 of the Criminal Code of
906		-	2012.
907		-	(Source: P.A. 102-432, eff. 8-20-21; 102-947, eff. 1-1-23;
908		-	revised 12-9-22.)
909		-	Section 20. The MC/DD Act is amended by changing Sections
910		-	3-116, 3-202.5, and 3-702 as follows:
911		-	(210 ILCS 46/3-116)
912		-	Sec. 3-116. Probationary license. If the applicant has not
913		-	been previously licensed or if the facility is not in
914		-
915		-
916		-	operation at the time application is made, the Department
917		-	shall issue only a probationary license. A probationary
918		-	license shall be valid for 120 days unless sooner suspended or
919		-	revoked under Section 3-119. Within 30 days prior to the
920		-	termination of a probationary license, the Department shall
921		-	fully and completely inspect the facility and, if the facility
922		-	meets the applicable requirements for licensure, shall issue a
923		-	license under Section 3-109, except that, during a statewide
924		-	public health emergency, as defined in the Illinois Emergency
925		-	Management Agency Act, the Department shall inspect facilities
926		-	within an appropriate time frame to the extent feasible. If
927		-	the Department finds that the facility does not meet the
928		-	requirements for licensure but has made substantial progress
929		-	toward meeting those requirements, the license may be renewed
930		-	once for a period not to exceed 120 days from the expiration
931		-	date of the initial probationary license.
932		-	(Source: P.A. 99-180, eff. 7-29-15.)
933		-	(210 ILCS 46/3-202.5)
934		-	Sec. 3-202.5. Facility plan review; fees.
935		-	(a) Before commencing construction of a new facility or
936		-	specified types of alteration or additions to an existing
937		-	facility involving major construction, as defined by rule by
938		-	the Department, with an estimated cost greater than $100,000,
939		-	architectural drawings and specifications for the facility
940		-	shall be submitted to the Department for review and approval.
941		-
942		-
943		-	A facility may submit architectural drawings and
944		-	specifications for other construction projects for Department
945		-	review according to subsection (b) that shall not be subject
946		-	to fees under subsection (d). Review of drawings and
947		-	specifications shall be conducted by an employee of the
948		-	Department meeting the qualifications established by the
949		-	Department of Central Management Services class specifications
950		-	for such an individual's position or by a person contracting
951		-	with the Department who meets those class specifications.
952		-	Final approval of the drawings and specifications for
953		-	compliance with design and construction standards shall be
954		-	obtained from the Department before the alteration, addition,
955		-	or new construction is begun.
956		-	(b) The Department shall inform an applicant in writing
957		-	within 10 working days after receiving drawings and
958		-	specifications and the required fee, if any, from the
959		-	applicant whether the applicant's submission is complete or
960		-	incomplete. Failure to provide the applicant with this notice
961		-	within 10 working days shall result in the submission being
962		-	deemed complete for purposes of initiating the 60-day 60 day
963		-	review period under this Section. If the submission is
964		-	incomplete, the Department shall inform the applicant of the
965		-	deficiencies with the submission in writing. If the submission
966		-	is complete the required fee, if any, has been paid, the
967		-	Department shall approve or disapprove drawings and
968		-	specifications submitted to the Department no later than 60
969		-
970		-
971		-	days following receipt by the Department. The drawings and
972		-	specifications shall be of sufficient detail, as provided by
973		-	Department rule, to enable the Department to render a
974		-	determination of compliance with design and construction
975		-	standards under this Act. If the Department finds that the
976		-	drawings are not of sufficient detail for it to render a
977		-	determination of compliance, the plans shall be determined to
978		-	be incomplete and shall not be considered for purposes of
979		-	initiating the 60 day review period. If a submission of
980		-	drawings and specifications is incomplete, the applicant may
981		-	submit additional information. The 60 day review period shall
982		-	not commence until the Department determines that a submission
983		-	of drawings and specifications is complete or the submission
984		-	is deemed complete. If the Department has not approved or
985		-	disapproved the drawings and specifications within 60 days,
986		-	the construction, major alteration, or addition shall be
987		-	deemed approved. If the drawings and specifications are
988		-	disapproved, the Department shall state in writing, with
989		-	specificity, the reasons for the disapproval. The entity
990		-	submitting the drawings and specifications may submit
991		-	additional information in response to the written comments
992		-	from the Department or request a reconsideration of the
993		-	disapproval. A final decision of approval or disapproval shall
994		-	be made within 45 days of the receipt of the additional
995		-	information or reconsideration request. If denied, the
996		-	Department shall state the specific reasons for the denial.
997		-
998		-
999		-	(c) The Department shall provide written approval for
1000		-	occupancy pursuant to subsection (g) and shall not issue a
1001		-	violation to a facility as a result of a licensure or complaint
1002		-	survey based upon the facility's physical structure if:
1003		-	(1) the Department reviewed and approved or deemed
1004		-	approved the drawings and specifications for compliance
1005		-	with design and construction standards;
1006		-	(2) the construction, major alteration, or addition
1007		-	was built as submitted;
1008		-	(3) the law or rules have not been amended since the
1009		-	original approval; and
1010		-	(4) the conditions at the facility indicate that there
1011		-	is a reasonable degree of safety provided for the
1012		-	residents.
1013		-	(d) (Blank).
1014		-	(e) All fees received by the Department under this Section
1015		-	shall be deposited into the Health Facility Plan Review Fund,
1016		-	a special fund created in the State Treasury. Moneys shall be
1017		-	appropriated from that Fund to the Department only to pay the
1018		-	costs of conducting reviews under this Section, under Section
1019		-	3-202.5 of the Nursing Home Care Act, or under Section 3-202.5
1020		-	of the ID/DD Community Care Act. None of the moneys in the
1021		-	Health Facility Plan Review Fund shall be used to reduce the
1022		-	amount of General Revenue Fund moneys appropriated to the
1023		-	Department for facility plan reviews conducted pursuant to
1024		-	this Section.
1025		-
1026		-
1027		-	(f) (Blank).
1028		-	(g) The Department shall conduct an on site inspection of
1029		-	the completed project no later than 30 days after notification
1030		-	from the applicant that the project has been completed and all
1031		-	certifications required by the Department have been received
1032		-	and accepted by the Department, except that, during a
1033		-	statewide public health emergency, as defined in the Illinois
1034		-	Emergency Management Agency Act, the Department shall conduct
1035		-	an on-site inspection to the extent feasible. The Department
1036		-	shall provide written approval for occupancy to the applicant
1037		-	within 5 working days of the Department's final inspection,
1038		-	provided the applicant has demonstrated substantial compliance
1039		-	as defined by Department rule. Occupancy of new major
1040		-	construction is prohibited until Department approval is
1041		-	received, unless the Department has not acted within the time
1042		-	frames provided in this subsection (g), in which case the
1043		-	construction shall be deemed approved. Occupancy shall be
1044		-	authorized after any required health inspection by the
1045		-	Department has been conducted.
1046		-	(h) The Department shall establish, by rule, a procedure
1047		-	to conduct interim on site review of large or complex
1048		-	construction projects.
1049		-	(i) The Department shall establish, by rule, an expedited
1050		-	process for emergency repairs or replacement of like
1051		-	equipment.
1052		-	(j) Nothing in this Section shall be construed to apply to
1053		-
1054		-
1055		-	maintenance, upkeep, or renovation that does not affect the
1056		-	structural integrity of the building, does not add beds or
1057		-	services over the number for which the facility is licensed,
1058		-	and provides a reasonable degree of safety for the residents.
1059		-	(Source: P.A. 99-180, eff. 7-29-15.)
1060		-	(210 ILCS 46/3-702)
1061		-	Sec. 3-702. Request for investigation of violation.
1062		-	(a) A person who believes that this Act or a rule
1063		-	promulgated under this Act may have been violated may request
1064		-	an investigation. The request may be submitted to the
1065		-	Department in writing, by telephone, by electronic means, or
1066		-	by personal visit. An oral complaint shall be reduced to
1067		-	writing by the Department. The Department shall make
1068		-	available, through its website and upon request, information
1069		-	regarding the oral and phone intake processes and the list of
1070		-	questions that will be asked of the complainant. The
1071		-	Department shall request information identifying the
1072		-	complainant, including the name, address and telephone number,
1073		-	to help enable appropriate follow up. The Department shall act
1074		-	on such complaints via on-site visits or other methods deemed
1075		-	appropriate to handle the complaints with or without such
1076		-	identifying information, as otherwise provided under this
1077		-	Section. The complainant shall be informed that compliance
1078		-	with such request is not required to satisfy the procedures
1079		-	for filing a complaint under this Act. The Department must
1080		-
1081		-
1082		-	notify complainants that complaints with less information
1083		-	provided are far more difficult to respond to and investigate.
1084		-	(b) The substance of the complaint shall be provided in
1085		-	writing to the licensee, owner or administrator no earlier
1086		-	than at the commencement of an on-site inspection of the
1087		-	facility which takes place pursuant to the complaint.
1088		-	(c) The Department shall not disclose the name of the
1089		-	complainant unless the complainant consents in writing to the
1090		-	disclosure or the investigation results in a judicial
1091		-	proceeding, or unless disclosure is essential to the
1092		-	investigation. The complainant shall be given the opportunity
1093		-	to withdraw the complaint before disclosure. Upon the request
1094		-	of the complainant, the Department may permit the complainant
1095		-	or a representative of the complainant to accompany the person
1096		-	making the on-site inspection of the facility.
1097		-	(d) Upon receipt of a complaint, the Department shall
1098		-	determine whether this Act or a rule promulgated under this
1099		-	Act has been or is being violated. The Department shall
1100		-	investigate all complaints alleging abuse or neglect within 7
1101		-	days after the receipt of the complaint except that complaints
1102		-	of abuse or neglect which indicate that a resident's life or
1103		-	safety is in imminent danger shall be investigated within 24
1104		-	hours after receipt of the complaint. All other complaints
1105		-	shall be investigated within 30 days after the receipt of the
1106		-	complaint, except that, during a statewide public health
1107		-	emergency, as defined in the Illinois Emergency Management
1108		-
1109		-
1110		-	Agency Act, all other complaints shall be investigated within
1111		-	an appropriate time frame to the extent feasible. The
1112		-	Department employees investigating a complaint shall conduct a
1113		-	brief, informal exit conference with the facility to alert its
1114		-	administration of any suspected serious deficiency that poses
1115		-	a direct threat to the health, safety or welfare of a resident
1116		-	to enable an immediate correction for the alleviation or
1117		-	elimination of such threat. Such information and findings
1118		-	discussed in the brief exit conference shall become a part of
1119		-	the investigating record but shall not in any way constitute
1120		-	an official or final notice of violation as provided under
1121		-	Section 3-301. All complaints shall be classified as "an
1122		-	invalid report", "a valid report", or "an undetermined
1123		-	report". For any complaint classified as "a valid report", the
1124		-	Department must determine within 30 working days if any rule
1125		-	or provision of this Act has been or is being violated.
1126		-	(d-1) The Department shall, whenever possible, combine an
1127		-	on site investigation of a complaint in a facility with other
1128		-	inspections in order to avoid duplication of inspections.
1129		-	(e) In all cases, the Department shall inform the
1130		-	complainant of its findings within 10 days of its
1131		-	determination unless otherwise indicated by the complainant,
1132		-	and the complainant may direct the Department to send a copy of
1133		-	such findings to another person. The Department's findings may
1134		-	include comments or documentation provided by either the
1135		-	complainant or the licensee pertaining to the complaint. The
1136		-
1137		-
1138		-	Department shall also notify the facility of such findings
1139		-	within 10 days of the determination, but the name of the
1140		-	complainant or residents shall not be disclosed in this notice
1141		-	to the facility. The notice of such findings shall include a
1142		-	copy of the written determination; the correction order, if
1143		-	any; the warning notice, if any; the inspection report; or the
1144		-	State licensure form on which the violation is listed.
1145		-	(f) A written determination, correction order, or warning
1146		-	notice concerning a complaint, together with the facility's
1147		-	response, shall be available for public inspection, but the
1148		-	name of the complainant or resident shall not be disclosed
1149		-	without his or her consent.
1150		-	(g) A complainant who is dissatisfied with the
1151		-	determination or investigation by the Department may request a
1152		-	hearing under Section 3-703. The facility shall be given
1153		-	notice of any such hearing and may participate in the hearing
1154		-	as a party. If a facility requests a hearing under Section
1155		-	3-703 which concerns a matter covered by a complaint, the
1156		-	complainant shall be given notice and may participate in the
1157		-	hearing as a party. A request for a hearing by either a
1158		-	complainant or a facility shall be submitted in writing to the
1159		-	Department within 30 days after the mailing of the
1160		-	Department's findings as described in subsection (e) of this
1161		-	Section. Upon receipt of the request the Department shall
1162		-	conduct a hearing as provided under Section 3-703.
1163		-	(g-5) The Department shall conduct an annual review and
1164		-
1165		-
1166		-	make a report concerning the complaint process that includes
1167		-	the number of complaints received, the breakdown of anonymous
1168		-	and non-anonymous complaints and whether the complaints were
1169		-	substantiated or not, the total number of substantiated
1170		-	complaints, and any other complaint information requested by
1171		-	the DD Facility Advisory Board. This report shall be provided
1172		-	to the DD Facility Advisory Board. The DD Facility Advisory
1173		-	Board shall review the report and suggest any changes deemed
1174		-	necessary to the Department for review and action, including
1175		-	how to investigate and substantiate anonymous complaints.
1176		-	(h) Any person who knowingly transmits a false report to
1177		-	the Department commits the offense of disorderly conduct under
1178		-	subsection (a)(8) of Section 26-1 of the Criminal Code of
1179		-	2012.
1180		-	(Source: P.A. 99-180, eff. 7-29-15.)
1181		-	Section 25. The ID/DD Community Care Act is amended by
1182		-	changing Sections 3-116, 3-206, and 3-702 as follows:
1183		-	(210 ILCS 47/3-116)
1184		-	Sec. 3-116. Probationary license. If the applicant has not
1185		-	been previously licensed or if the facility is not in
1186		-	operation at the time application is made, the Department
1187		-	shall issue only a probationary license. A probationary
1188		-	license shall be valid for 120 days unless sooner suspended or
1189		-	revoked under Section 3-119. Within 30 days prior to the
1190		-
1191		-
1192		-	termination of a probationary license, the Department shall
1193		-	fully and completely inspect the facility and, if the facility
1194		-	meets the applicable requirements for licensure, shall issue a
1195		-	license under Section 3-109 except that, during a statewide
1196		-	public health emergency, as defined in the Illinois Emergency
1197		-	Management Agency Act, the Department shall inspect facilities
1198		-	within an appropriate time frame to the extent feasible. If
1199		-	the Department finds that the facility does not meet the
1200		-	requirements for licensure but has made substantial progress
1201		-	toward meeting those requirements, the license may be renewed
1202		-	once for a period not to exceed 120 days from the expiration
1203		-	date of the initial probationary license.
1204		-	(Source: P.A. 96-339, eff. 7-1-10.)
1205		-	(210 ILCS 47/3-206)
1206		-	Sec. 3-206. Curriculum for training nursing assistants and
1207		-	aides. The Department shall prescribe a curriculum for
1208		-	training nursing assistants, habilitation aides, and child
1209		-	care aides.
1210		-	(a) No person, except a volunteer who receives no
1211		-	compensation from a facility and is not included for the
1212		-	purpose of meeting any staffing requirements set forth by the
1213		-	Department, shall act as a nursing assistant, habilitation
1214		-	aide, or child care aide in a facility, nor shall any person,
1215		-	under any other title, not licensed, certified, or registered
1216		-	to render medical care by the Department of Financial and
1217		-
1218		-
1219		-	Professional Regulation, assist with the personal, medical, or
1220		-	nursing care of residents in a facility, unless such person
1221		-	meets the following requirements:
1222		-	(1) Be at least 16 years of age, of temperate habits
1223		-	and good moral character, honest, reliable and
1224		-	trustworthy.
1225		-	(2) Be able to speak and understand the English
1226		-	language or a language understood by a substantial
1227		-	percentage of the facility's residents.
1228		-	(3) Provide evidence of employment or occupation, if
1229		-	any, and residence for 2 years prior to his or her present
1230		-	employment.
1231		-	(4) Have completed at least 8 years of grade school or
1232		-	provide proof of equivalent knowledge.
1233		-	(5) Begin a current course of training for nursing
1234		-	assistants, habilitation aides, or child care aides,
1235		-	approved by the Department, within 45 days of initial
1236		-	employment in the capacity of a nursing assistant,
1237		-	habilitation aide, or child care aide at any facility.
1238		-	Such courses of training shall be successfully completed
1239		-	within 120 days of initial employment in the capacity of
1240		-	nursing assistant, habilitation aide, or child care aide
1241		-	at a facility, except that, during a statewide public
1242		-	health emergency, as defined in the Illinois Emergency
1243		-	Management Agency Act, training shall be completed to the
1244		-	extent feasible. Nursing assistants, habilitation aides,
1245		-
1246		-
1247		-	and child care aides who are enrolled in approved courses
1248		-	in community colleges or other educational institutions on
1249		-	a term, semester or trimester basis, shall be exempt from
1250		-	the 120-day completion time limit. The Department shall
1251		-	adopt rules for such courses of training. These rules
1252		-	shall include procedures for facilities to carry on an
1253		-	approved course of training within the facility.
1254		-	The Department may accept comparable training in lieu
1255		-	of the 120-hour course for student nurses, foreign nurses,
1256		-	military personnel, or employees of the Department of
1257		-	Human Services.
1258		-	The facility shall develop and implement procedures,
1259		-	which shall be approved by the Department, for an ongoing
1260		-	review process, which shall take place within the
1261		-	facility, for nursing assistants, habilitation aides, and
1262		-	child care aides.
1263		-	At the time of each regularly scheduled licensure
1264		-	survey, or at the time of a complaint investigation, the
1265		-	Department may require any nursing assistant, habilitation
1266		-	aide, or child care aide to demonstrate, either through
1267		-	written examination or action, or both, sufficient
1268		-	knowledge in all areas of required training. If such
1269		-	knowledge is inadequate the Department shall require the
1270		-	nursing assistant, habilitation aide, or child care aide
1271		-	to complete inservice training and review in the facility
1272		-	until the nursing assistant, habilitation aide, or child
1273		-
1274		-
1275		-	care aide demonstrates to the Department, either through
1276		-	written examination or action, or both, sufficient
1277		-	knowledge in all areas of required training; and
1278		-	(6) Be familiar with and have general skills related
1279		-	to resident care.
1280		-	(a-0.5) An educational entity, other than a secondary
1281		-	school, conducting a nursing assistant, habilitation aide, or
1282		-	child care aide training program shall initiate a criminal
1283		-	history record check in accordance with the Health Care Worker
1284		-	Background Check Act prior to entry of an individual into the
1285		-	training program. A secondary school may initiate a criminal
1286		-	history record check in accordance with the Health Care Worker
1287		-	Background Check Act at any time during or after a training
1288		-	program.
1289		-	(a-1) Nursing assistants, habilitation aides, or child
1290		-	care aides seeking to be included on the Health Care Worker
1291		-	Registry under the Health Care Worker Background Check Act
1292		-	must authorize the Department of Public Health or its designee
1293		-	to request a criminal history record check in accordance with
1294		-	the Health Care Worker Background Check Act and submit all
1295		-	necessary information. An individual may not newly be included
1296		-	on the Health Care Worker Registry unless a criminal history
1297		-	record check has been conducted with respect to the
1298		-	individual.
1299		-	(b) Persons subject to this Section shall perform their
1300		-	duties under the supervision of a licensed nurse or other
1301		-
1302		-
1303		-	appropriately trained, licensed, or certified personnel.
1304		-	(c) It is unlawful for any facility to employ any person in
1305		-	the capacity of nursing assistant, habilitation aide, or child
1306		-	care aide, or under any other title, not licensed by the State
1307		-	of Illinois to assist in the personal, medical, or nursing
1308		-	care of residents in such facility unless such person has
1309		-	complied with this Section.
1310		-	(d) Proof of compliance by each employee with the
1311		-	requirements set out in this Section shall be maintained for
1312		-	each such employee by each facility in the individual
1313		-	personnel folder of the employee. Proof of training shall be
1314		-	obtained only from the Health Care Worker Registry.
1315		-	(e) Each facility shall obtain access to the Health Care
1316		-	Worker Registry's web application, maintain the employment and
1317		-	demographic information relating to each employee, and verify
1318		-	by the category and type of employment that each employee
1319		-	subject to this Section meets all the requirements of this
1320		-	Section.
1321		-	(f) Any facility that is operated under Section 3-803
1322		-	shall be exempt from the requirements of this Section.
1323		-	(g) Each skilled nursing and intermediate care facility
1324		-	that admits persons who are diagnosed as having Alzheimer's
1325		-	disease or related dementias shall require all nursing
1326		-	assistants, habilitation aides, or child care aides, who did
1327		-	not receive 12 hours of training in the care and treatment of
1328		-	such residents during the training required under paragraph
1329		-
1330		-
1331		-	(5) of subsection (a), to obtain 12 hours of in house training
1332		-	in the care and treatment of such residents. If the facility
1333		-	does not provide the training in house, the training shall be
1334		-	obtained from other facilities, community colleges or other
1335		-	educational institutions that have a recognized course for
1336		-	such training. The Department shall, by rule, establish a
1337		-	recognized course for such training.
1338		-	The Department's rules shall provide that such training
1339		-	may be conducted in house at each facility subject to the
1340		-	requirements of this subsection, in which case such training
1341		-	shall be monitored by the Department. The Department's rules
1342		-	shall also provide for circumstances and procedures whereby
1343		-	any person who has received training that meets the
1344		-	requirements of this subsection shall not be required to
1345		-	undergo additional training if he or she is transferred to or
1346		-	obtains employment at a different facility or a facility other
1347		-	than those licensed under this Act but remains continuously
1348		-	employed as a nursing assistant, habilitation aide, or child
1349		-	care aide. Individuals who have performed no nursing,
1350		-	nursing-related services, or habilitation services for a
1351		-	period of 24 consecutive months shall be listed as inactive
1352		-	and as such do not meet the requirements of this Section.
1353		-	Licensed sheltered care facilities shall be exempt from the
1354		-	requirements of this Section.
1355		-	(Source: P.A. 100-432, eff. 8-25-17.)
1356		-
1357		-
1358		-	(210 ILCS 47/3-702)
1359		-	Sec. 3-702. Request for investigation of violation.
1360		-	(a) A person who believes that this Act or a rule
1361		-	promulgated under this Act may have been violated may request
1362		-	an investigation. The request may be submitted to the
1363		-	Department in writing, by telephone, by electronic means, or
1364		-	by personal visit. An oral complaint shall be reduced to
1365		-	writing by the Department. The Department shall make
1366		-	available, through its website and upon request, information
1367		-	regarding the oral and phone intake processes and the list of
1368		-	questions that will be asked of the complainant. The
1369		-	Department shall request information identifying the
1370		-	complainant, including the name, address and telephone number,
1371		-	to help enable appropriate follow up. The Department shall act
1372		-	on such complaints via on-site visits or other methods deemed
1373		-	appropriate to handle the complaints with or without such
1374		-	identifying information, as otherwise provided under this
1375		-	Section. The complainant shall be informed that compliance
1376		-	with such request is not required to satisfy the procedures
1377		-	for filing a complaint under this Act. The Department must
1378		-	notify complainants that complaints with less information
1379		-	provided are far more difficult to respond to and investigate.
1380		-	(b) The substance of the complaint shall be provided in
1381		-	writing to the licensee, owner or administrator no earlier
1382		-	than at the commencement of an on-site inspection of the
1383		-	facility which takes place pursuant to the complaint.
1384		-
1385		-
1386		-	(c) The Department shall not disclose the name of the
1387		-	complainant unless the complainant consents in writing to the
1388		-	disclosure or the investigation results in a judicial
1389		-	proceeding, or unless disclosure is essential to the
1390		-	investigation. The complainant shall be given the opportunity
1391		-	to withdraw the complaint before disclosure. Upon the request
1392		-	of the complainant, the Department may permit the complainant
1393		-	or a representative of the complainant to accompany the person
1394		-	making the on-site inspection of the facility.
1395		-	(d) Upon receipt of a complaint, the Department shall
1396		-	determine whether this Act or a rule promulgated under this
1397		-	Act has been or is being violated. The Department shall
1398		-	investigate all complaints alleging abuse or neglect within 7
1399		-	days after the receipt of the complaint except that complaints
1400		-	of abuse or neglect which indicate that a resident's life or
1401		-	safety is in imminent danger shall be investigated within 24
1402		-	hours after receipt of the complaint. All other complaints
1403		-	shall be investigated within 30 days after the receipt of the
1404		-	complaint, except that, during a statewide public health
1405		-	emergency, as defined in the Illinois Emergency Management
1406		-	Agency Act, all other complaints shall be investigated within
1407		-	an appropriate time frame to the extent feasible. The
1408		-	Department employees investigating a complaint shall conduct a
1409		-	brief, informal exit conference with the facility to alert its
1410		-	administration of any suspected serious deficiency that poses
1411		-	a direct threat to the health, safety or welfare of a resident
1412		-
1413		-
1414		-	to enable an immediate correction for the alleviation or
1415		-	elimination of such threat. Such information and findings
1416		-	discussed in the brief exit conference shall become a part of
1417		-	the investigating record but shall not in any way constitute
1418		-	an official or final notice of violation as provided under
1419		-	Section 3-301. All complaints shall be classified as "an
1420		-	invalid report", "a valid report", or "an undetermined
1421		-	report". For any complaint classified as "a valid report", the
1422		-	Department must determine within 30 working days if any rule
1423		-	or provision of this Act has been or is being violated.
1424		-	(d-1) The Department shall, whenever possible, combine an
1425		-	on site investigation of a complaint in a facility with other
1426		-	inspections in order to avoid duplication of inspections.
1427		-	(e) In all cases, the Department shall inform the
1428		-	complainant of its findings within 10 days of its
1429		-	determination unless otherwise indicated by the complainant,
1430		-	and the complainant may direct the Department to send a copy of
1431		-	such findings to another person. The Department's findings may
1432		-	include comments or documentation provided by either the
1433		-	complainant or the licensee pertaining to the complaint. The
1434		-	Department shall also notify the facility of such findings
1435		-	within 10 days of the determination, but the name of the
1436		-	complainant or residents shall not be disclosed in this notice
1437		-	to the facility. The notice of such findings shall include a
1438		-	copy of the written determination; the correction order, if
1439		-	any; the warning notice, if any; the inspection report; or the
1440		-
1441		-
1442		-	State licensure form on which the violation is listed.
1443		-	(f) A written determination, correction order, or warning
1444		-	notice concerning a complaint, together with the facility's
1445		-	response, shall be available for public inspection, but the
1446		-	name of the complainant or resident shall not be disclosed
1447		-	without his or her consent.
1448		-	(g) A complainant who is dissatisfied with the
1449		-	determination or investigation by the Department may request a
1450		-	hearing under Section 3-703. The facility shall be given
1451		-	notice of any such hearing and may participate in the hearing
1452		-	as a party. If a facility requests a hearing under Section
1453		-	3-703 which concerns a matter covered by a complaint, the
1454		-	complainant shall be given notice and may participate in the
1455		-	hearing as a party. A request for a hearing by either a
1456		-	complainant or a facility shall be submitted in writing to the
1457		-	Department within 30 days after the mailing of the
1458		-	Department's findings as described in subsection (e) of this
1459		-	Section. Upon receipt of the request the Department shall
1460		-	conduct a hearing as provided under Section 3-703.
1461		-	(g-5) The Department shall conduct an annual review and
1462		-	make a report concerning the complaint process that includes
1463		-	the number of complaints received, the breakdown of anonymous
1464		-	and non-anonymous complaints and whether the complaints were
1465		-	substantiated or not, the total number of substantiated
1466		-	complaints, and any other complaint information requested by
1467		-	the DD Facility Advisory Board. This report shall be provided
1468		-
1469		-
1470		-	to the DD Facility Advisory Board. The DD Facility Advisory
1471		-	Board shall review the report and suggest any changes deemed
1472		-	necessary to the Department for review and action, including
1473		-	how to investigate and substantiate anonymous complaints.
1474		-	(h) Any person who knowingly transmits a false report to
1475		-	the Department commits the offense of disorderly conduct under
1476		-	subsection (a)(8) of Section 26-1 of the Criminal Code of
1477		-	2012.
1478		-	(Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14.)
1479		-	Section 30. The Specialized Mental Health Rehabilitation
1480		-	Act of 2013 is amended by changing Section 4-105 as follows:
1481		-	(210 ILCS 49/4-105)
1482		-	Sec. 4-105. Provisional licensure duration. A provisional
1483		-	license shall be valid upon fulfilling the requirements
1484		-	established by the Department by emergency rule. The license
1485		-	shall remain valid as long as a facility remains in compliance
1486		-	with the licensure provisions established in rule. Provisional
1487		-	licenses issued upon initial licensure as a specialized mental
1488		-	health rehabilitation facility shall expire at the end of a
1489		-	3-year period, which commences on the date the provisional
1490		-	license is issued. Issuance of a provisional license for any
1491		-	reason other than initial licensure (including, but not
1492		-	limited to, change of ownership, location, number of beds, or
1493		-	services) shall not extend the maximum 3-year period, at the
1494		-
1495		-
1496		-	end of which a facility must be licensed pursuant to Section
1497		-	4-201. An extension for 120 days may be granted if requested
1498		-	and approved by the Department. Notwithstanding any other
1499		-	provision of this Act or the Specialized Mental Health
1500		-	Rehabilitation Facilities Code, 77 Ill. Adm. Admin. Code 380,
1501		-	to the contrary, if a facility has received notice from the
1502		-	Department that its application for provisional licensure to
1503		-	provide recovery and rehabilitation services has been accepted
1504		-	as complete and the facility has attested in writing to the
1505		-	Department that it will comply with the staff training plan
1506		-	approved by the Division of Mental Health, then a provisional
1507		-	license for recovery and rehabilitation services shall be
1508		-	issued to the facility within 60 days after the Department
1509		-	determines that the facility is in compliance with the
1510		-	requirements of the Life Safety Code in accordance with
1511		-	Section 4-104.5 of this Act.
1512		-	(Source: P.A. 99-712, eff. 8-5-16; 100-365, eff. 8-25-17;
1513		-	revised 2-28-22.)
1514		-	Section 35. The Illinois Insurance Code is amended by
1515		-	adding Section 356z.61 as follows:
1516		-	(215 ILCS 5/356z.61 new)
1517		-	Sec. 356z.61. Coverage of pharmacy testing, screening,
1518		-	vaccinations, and treatment.
1519		-	A group or individual policy of accident and health
1520		-
1521		-
1522		-	insurance or a managed care plan that is amended, delivered,
1523		-	issued, or renewed on or after January 1, 2025 shall provide
1524		-	coverage for health care or patient care services provided by
1525		-	a pharmacist if:
1526		-	(1) the pharmacist meets the requirements and scope of
1527		-	practice described in paragraph (15), (16), or (17) of
1528		-	subsection (d) of Section 3 of the Pharmacy Practice Act;
1529		-	(2) the health plan provides coverage for the same
1530		-	service provided by a licensed physician, an advanced
1531		-	practice registered nurse, or a physician assistant;
1532		-	(3) the pharmacist is included in the health benefit
1533		-	plan's network of participating providers; and
1534		-	(4) reimbursement has been successfully negotiated in
1535		-	good faith between the pharmacist and the health plan.
1536		-	Section 45. The Medical Practice Act of 1987 is amended by
1537		-	changing Sections 2 and 54.2 as follows:
1538		-	(225 ILCS 60/2) (from Ch. 111, par. 4400-2)
1539		-	(Section scheduled to be repealed on January 1, 2027)
1540		-	Sec. 2. Definitions. For purposes of this Act, the
1541		-	following definitions shall have the following meanings,
1542		-	except where the context requires otherwise:
1543		-	"Act" means the Medical Practice Act of 1987.
1544		-	"Address of record" means the designated address recorded
1545		-	by the Department in the applicant's or licensee's application
1546		-
1547		-
1548		-	file or license file as maintained by the Department's
1549		-	licensure maintenance unit.
1550		-	"Chiropractic physician" means a person licensed to treat
1551		-	human ailments without the use of drugs and without operative
1552		-	surgery. Nothing in this Act shall be construed to prohibit a
1553		-	chiropractic physician from providing advice regarding the use
1554		-	of non-prescription products or from administering atmospheric
1555		-	oxygen. Nothing in this Act shall be construed to authorize a
1556		-	chiropractic physician to prescribe drugs.
1557		-	"Department" means the Department of Financial and
1558		-	Professional Regulation.
1559		-	"Disciplinary action" means revocation, suspension,
1560		-	probation, supervision, practice modification, reprimand,
1561		-	required education, fines or any other action taken by the
1562		-	Department against a person holding a license.
1563		-	"Email address of record" means the designated email
1564		-	address recorded by the Department in the applicant's
1565		-	application file or the licensee's license file, as maintained
1566		-	by the Department's licensure maintenance unit.
1567		-	"Final determination" means the governing body's final
1568		-	action taken under the procedure followed by a health care
1569		-	institution, or professional association or society, against
1570		-	any person licensed under the Act in accordance with the
1571		-	bylaws or rules and regulations of such health care
1572		-	institution, or professional association or society.
1573		-	"Fund" means the Illinois State Medical Disciplinary Fund.
1574		-
1575		-
1576		-	"Impaired" means the inability to practice medicine with
1577		-	reasonable skill and safety due to physical or mental
1578		-	disabilities as evidenced by a written determination or
1579		-	written consent based on clinical evidence including
1580		-	deterioration through the aging process or loss of motor
1581		-	skill, or abuse of drugs or alcohol, of sufficient degree to
1582		-	diminish a person's ability to deliver competent patient care.
1583		-	"International medical graduate" means a medical graduate
1584		-	(i) who has been trained in a country other than the United
1585		-	States; (ii) whose education has been certified by the
1586		-	Educational Commission for Foreign Medical Graduates; (iii)
1587		-	who has passed Step 1, Step 2 Clinical Knowledge, and Step 3 of
1588		-	the United States Medical Licensing Examination as required by
1589		-	this Act; (iv) who maintains an unencumbered license from
1590		-	another country; and (v) who is not licensed to practice
1591		-	medicine in any state or territory of the United States.
1592		-	"Medical Board" means the Illinois State Medical Board.
1593		-	"Physician" means a person licensed under the Medical
1594		-	Practice Act to practice medicine in all of its branches or a
1595		-	chiropractic physician.
1596		-	"Professional association" means an association or society
1597		-	of persons licensed under this Act, and operating within the
1598		-	State of Illinois, including but not limited to, medical
1599		-	societies, osteopathic organizations, and chiropractic
1600		-	organizations, but this term shall not be deemed to include
1601		-	hospital medical staffs.
1602		-
1603		-
1604		-	"Program of care, counseling, or treatment" means a
1605		-	written schedule of organized treatment, care, counseling,
1606		-	activities, or education, satisfactory to the Medical Board,
1607		-	designed for the purpose of restoring an impaired person to a
1608		-	condition whereby the impaired person can practice medicine
1609		-	with reasonable skill and safety of a sufficient degree to
1610		-	deliver competent patient care.
1611		-	"Reinstate" means to change the status of a license or
1612		-	permit from inactive or nonrenewed status to active status.
1613		-	"Restore" means to remove an encumbrance from a license
1614		-	due to probation, suspension, or revocation.
1615		-	"Secretary" means the Secretary of Financial and
1616		-	Professional Regulation.
1617		-	(Source: P.A. 102-20, eff. 1-1-22; 102-1117, eff. 1-13-23.)
1618		-	(225 ILCS 60/54.2)
1619		-	(Section scheduled to be repealed on January 1, 2027)
1620		-	Sec. 54.2. Physician delegation of authority.
1621		-	(a) Nothing in this Act shall be construed to limit the
1622		-	delegation of patient care tasks or duties by a physician, to a
1623		-	licensed practical nurse, a registered professional nurse, or
1624		-	other licensed person practicing within the scope of his or
1625		-	her individual licensing Act. Delegation by a physician
1626		-	licensed to practice medicine in all its branches to physician
1627		-	assistants or advanced practice registered nurses is also
1628		-	addressed in Section 54.5 of this Act. No physician may
1629		-
1630		-
1631		-	delegate any patient care task or duty that is statutorily or
1632		-	by rule mandated to be performed by a physician.
1633		-	(b) In an office or practice setting and within a
1634		-	physician-patient relationship, a physician may delegate
1635		-	patient care tasks or duties to an unlicensed person who
1636		-	possesses appropriate training and experience provided a
1637		-	health care professional, who is practicing within the scope
1638		-	of such licensed professional's individual licensing Act, is
1639		-	on site to provide assistance.
1640		-	(c) Any such patient care task or duty delegated to a
1641		-	licensed or unlicensed person must be within the scope of
1642		-	practice, education, training, or experience of the delegating
1643		-	physician and within the context of a physician-patient
1644		-	relationship.
1645		-	(d) Nothing in this Section shall be construed to affect
1646		-	referrals for professional services required by law.
1647		-	(e) The Department shall have the authority to promulgate
1648		-	rules concerning a physician's delegation, including but not
1649		-	limited to, the use of light emitting devices for patient care
1650		-	or treatment.
1651		-	(f) Nothing in this Act shall be construed to limit the
1652		-	method of delegation that may be authorized by any means,
1653		-	including, but not limited to, oral, written, electronic,
1654		-	standing orders, protocols, guidelines, or verbal orders.
1655		-	(g) A physician licensed to practice medicine in all of
1656		-	its branches under this Act may delegate any and all authority
1657		-
1658		-
1659		-	prescribed to him or her by law to international medical
1660		-	graduate physicians, so long as the tasks or duties are within
1661		-	the scope of practice, education, training, or experience of
1662		-	the delegating physician who is on site to provide assistance.
1663		-	An international medical graduate working in Illinois pursuant
1664		-	to this subsection is subject to all statutory and regulatory
1665		-	requirements of this Act, as applicable, relating to the
1666		-	standards of care. An international medical graduate physician
1667		-	is limited to providing treatment under the supervision of a
1668		-	physician licensed to practice medicine in all of its
1669		-	branches. The supervising physician or employer must keep
1670		-	record of and make available upon request by the Department
1671		-	the following: (1) evidence of education certified by the
1672		-	Educational Commission for Foreign Medical Graduates; (2)
1673		-	evidence of passage of Step 1, Step 2 Clinical Knowledge, and
1674		-	Step 3 of the United States Medical Licensing Examination as
1675		-	required by this Act; and (3) evidence of an unencumbered
1676		-	license from another country. This subsection does not apply
1677		-	to any international medical graduate whose license as a
1678		-	physician is revoked, suspended, or otherwise encumbered.
1679		-	(Source: P.A. 100-513, eff. 1-1-18.)
1680		-	Section 50. The Pharmacy Practice Act is amended by
1681		-	changing Section 3 and by adding Section 9.6 as follows:
1682		-	(225 ILCS 85/3)
1683		-
1684		-
1685		-	(Section scheduled to be repealed on January 1, 2028)
1686		-	Sec. 3. Definitions. For the purpose of this Act, except
1687		-	where otherwise limited therein:
1688		-	(a) "Pharmacy" or "drugstore" means and includes every
1689		-	store, shop, pharmacy department, or other place where
1690		-	pharmacist care is provided by a pharmacist (1) where drugs,
1691		-	medicines, or poisons are dispensed, sold or offered for sale
1692		-	at retail, or displayed for sale at retail; or (2) where
1693		-	prescriptions of physicians, dentists, advanced practice
1694		-	registered nurses, physician assistants, veterinarians,
1695		-	podiatric physicians, or optometrists, within the limits of
1696		-	their licenses, are compounded, filled, or dispensed; or (3)
1697		-	which has upon it or displayed within it, or affixed to or used
1698		-	in connection with it, a sign bearing the word or words
1699		-	"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
1700		-	"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
1701		-	"Drugs", "Dispensary", "Medicines", or any word or words of
1702		-	similar or like import, either in the English language or any
1703		-	other language; or (4) where the characteristic prescription
1704		-	sign (Rx) or similar design is exhibited; or (5) any store, or
1705		-	shop, or other place with respect to which any of the above
1706		-	words, objects, signs or designs are used in any
1707		-	advertisement.
1708		-	(b) "Drugs" means and includes (1) articles recognized in
1709		-	the official United States Pharmacopoeia/National Formulary
1710		-	(USP/NF), or any supplement thereto and being intended for and
1711		-
1712		-
1713		-	having for their main use the diagnosis, cure, mitigation,
1714		-	treatment or prevention of disease in man or other animals, as
1715		-	approved by the United States Food and Drug Administration,
1716		-	but does not include devices or their components, parts, or
1717		-	accessories; and (2) all other articles intended for and
1718		-	having for their main use the diagnosis, cure, mitigation,
1719		-	treatment or prevention of disease in man or other animals, as
1720		-	approved by the United States Food and Drug Administration,
1721		-	but does not include devices or their components, parts, or
1722		-	accessories; and (3) articles (other than food) having for
1723		-	their main use and intended to affect the structure or any
1724		-	function of the body of man or other animals; and (4) articles
1725		-	having for their main use and intended for use as a component
1726		-	or any articles specified in clause (1), (2) or (3); but does
1727		-	not include devices or their components, parts or accessories.
1728		-	(c) "Medicines" means and includes all drugs intended for
1729		-	human or veterinary use approved by the United States Food and
1730		-	Drug Administration.
1731		-	(d) "Practice of pharmacy" means:
1732		-	(1) the interpretation and the provision of assistance
1733		-	in the monitoring, evaluation, and implementation of
1734		-	prescription drug orders;
1735		-	(2) the dispensing of prescription drug orders;
1736		-	(3) participation in drug and device selection;
1737		-	(4) drug administration limited to the administration
1738		-	of oral, topical, injectable, and inhalation as follows:
1739		-
1740		-
1741		-	(A) in the context of patient education on the
1742		-	proper use or delivery of medications;
1743		-	(B) vaccination of patients 7 years of age and
1744		-	older pursuant to a valid prescription or standing
1745		-	order, by a physician licensed to practice medicine in
1746		-	all its branches, except for vaccinations covered by
1747		-	paragraph (15), upon completion of appropriate
1748		-	training, including how to address contraindications
1749		-	and adverse reactions set forth by rule, with
1750		-	notification to the patient's physician and
1751		-	appropriate record retention, or pursuant to hospital
1752		-	pharmacy and therapeutics committee policies and
1753		-	procedures. Eligible vaccines are those listed on the
1754		-	U.S. Centers for Disease Control and Prevention (CDC)
1755		-	Recommended Immunization Schedule, the CDC's Health
1756		-	Information for International Travel, or the U.S. Food
1757		-	and Drug Administration's Vaccines Licensed and
1758		-	Authorized for Use in the United States. As applicable
1759		-	to the State's Medicaid program and other payers,
1760		-	vaccines ordered and administered in accordance with
1761		-	this subsection shall be covered and reimbursed at no
1762		-	less than the rate that the vaccine is reimbursed when
1763		-	ordered and administered by a physician;
1764		-	(B-5) following the initial administration of
1765		-	long-acting or extended-release form opioid
1766		-	antagonists by a physician licensed to practice
1767		-
1768		-
1769		-	medicine in all its branches, administration of
1770		-	injections of long-acting or extended-release form
1771		-	opioid antagonists for the treatment of substance use
1772		-	disorder, pursuant to a valid prescription by a
1773		-	physician licensed to practice medicine in all its
1774		-	branches, upon completion of appropriate training,
1775		-	including how to address contraindications and adverse
1776		-	reactions, including, but not limited to, respiratory
1777		-	depression and the performance of cardiopulmonary
1778		-	resuscitation, set forth by rule, with notification to
1779		-	the patient's physician and appropriate record
1780		-	retention, or pursuant to hospital pharmacy and
1781		-	therapeutics committee policies and procedures;
1782		-	(C) administration of injections of
1783		-	alpha-hydroxyprogesterone caproate, pursuant to a
1784		-	valid prescription, by a physician licensed to
1785		-	practice medicine in all its branches, upon completion
1786		-	of appropriate training, including how to address
1787		-	contraindications and adverse reactions set forth by
1788		-	rule, with notification to the patient's physician and
1789		-	appropriate record retention, or pursuant to hospital
1790		-	pharmacy and therapeutics committee policies and
1791		-	procedures; and
1792		-	(D) administration of injections of long-term
1793		-	antipsychotic medications pursuant to a valid
1794		-	prescription by a physician licensed to practice
1795		-
1796		-
1797		-	medicine in all its branches, upon completion of
1798		-	appropriate training conducted by an Accreditation
1799		-	Council of Pharmaceutical Education accredited
1800		-	provider, including how to address contraindications
1801		-	and adverse reactions set forth by rule, with
1802		-	notification to the patient's physician and
1803		-	appropriate record retention, or pursuant to hospital
1804		-	pharmacy and therapeutics committee policies and
1805		-	procedures.
1806		-	(5) (blank);
1807		-	(6) drug regimen review;
1808		-	(7) drug or drug-related research;
1809		-	(8) the provision of patient counseling;
1810		-	(9) the practice of telepharmacy;
1811		-	(10) the provision of those acts or services necessary
1812		-	to provide pharmacist care;
1813		-	(11) medication therapy management;
1814		-	(12) the responsibility for compounding and labeling
1815		-	of drugs and devices (except labeling by a manufacturer,
1816		-	repackager, or distributor of non-prescription drugs and
1817		-	commercially packaged legend drugs and devices), proper
1818		-	and safe storage of drugs and devices, and maintenance of
1819		-	required records;
1820		-	(13) the assessment and consultation of patients and
1821		-	dispensing of hormonal contraceptives; and
1822		-	(14) the initiation, dispensing, or administration of
1823		-
1824		-
1825		-	drugs, laboratory tests, assessments, referrals, and
1826		-	consultations for human immunodeficiency virus
1827		-	pre-exposure prophylaxis and human immunodeficiency virus
1828		-	post-exposure prophylaxis under Section 43.5; .
1829		-	(15) vaccination of patients 7 years of age and older
1830		-	for COVID-19 or influenza subcutaneously, intramuscularly,
1831		-	or orally as authorized, approved, or licensed by the
1832		-	United States Food and Drug Administration, pursuant to
1833		-	the following conditions:
1834		-	(A) the vaccine must be authorized or licensed by
1835		-	the United States Food and Drug Administration;
1836		-	(B) the vaccine must be ordered and administered
1837		-	according to the Advisory Committee on Immunization
1838		-	Practices standard immunization schedule;
1839		-	(C) the pharmacist must complete a course of
1840		-	training accredited by the Accreditation Council on
1841		-	Pharmacy Education or a similar health authority or
1842		-	professional body approved by the Division of
1843		-	Professional Regulation;
1844		-	(D) the pharmacist must have a current certificate
1845		-	in basic cardiopulmonary resuscitation;
1846		-	(E) the pharmacist must complete, during each
1847		-	State licensing period, a minimum of 2 hours of
1848		-	immunization-related continuing pharmacy education
1849		-	approved by the Accreditation Council on Pharmacy
1850		-	Education;
1851		-
1852		-
1853		-	(F) the pharmacist must comply with recordkeeping
1854		-	and reporting requirements of the jurisdiction in
1855		-	which the pharmacist administers vaccines, including
1856		-	informing the patient's primary-care provider, when
1857		-	available, and complying with requirements whereby the
1858		-	person administering a vaccine must review the vaccine
1859		-	registry or other vaccination records prior to
1860		-	administering the vaccine; and
1861		-	(G) the pharmacist must inform the pharmacist's
1862		-	patients who are less than 18 years old, as well as the
1863		-	adult caregiver accompanying the child, of the
1864		-	importance of a well-child visit with a pediatrician
1865		-	or other licensed primary-care provider and must refer
1866		-	patients as appropriate;
1867		-	(16) the ordering and administration of COVID-19
1868		-	therapeutics subcutaneously, intramuscularly, or orally
1869		-	with notification to the patient's physician and
1870		-	appropriate record retention or pursuant to hospital
1871		-	pharmacy and therapeutics committee policies and
1872		-	procedures. Eligible therapeutics are those approved,
1873		-	authorized, or licensed by the United States Food and Drug
1874		-	Administration and must be administered subcutaneously,
1875		-	intramuscularly, or orally in accordance with that
1876		-	approval, authorization, or licensing; and
1877		-	(17) the ordering and administration of tests and
1878		-	screenings for (i) influenza, (ii) SARS-COV 2, and (iii)
1879		-
1880		-
1881		-	health conditions identified by a statewide public health
1882		-	emergency, as defined in the Illinois Emergency Management
1883		-	Agency Act, with notification to the patient's physician
1884		-	and appropriate record retention or pursuant to hospital
1885		-	pharmacy and therapeutics committee policies and
1886		-	procedures. Eligible tests and screenings are those
1887		-	approved, authorized, or licensed by the United States
1888		-	Food and Drug Administration and must be administered in
1889		-	accordance with that approval, authorization, or
1890		-	licensing.
1891		-	A pharmacist who orders or administers tests or
1892		-	screenings for health conditions described in this
1893		-	paragraph may use a test that may guide clinical
1894		-	decision-making for the health condition that is waived
1895		-	under the federal Clinical Laboratory Improvement
1896		-	Amendments of 1988 and regulations promulgated thereunder
1897		-	or any established screening procedure that is established
1898		-	under a statewide protocol.
1899		-	A pharmacist may delegate the administrative and
1900		-	technical tasks of performing a test for the health
1901		-	conditions described in this paragraph to a registered
1902		-	pharmacy technician or student pharmacist acting under the
1903		-	supervision of the pharmacist.
1904		-	A pharmacist who performs any of the acts defined as the
1905		-	practice of pharmacy in this State must be actively licensed
1906		-	as a pharmacist under this Act.
1907		-
1908		-
1909		-	(e) "Prescription" means and includes any written, oral,
1910		-	facsimile, or electronically transmitted order for drugs or
1911		-	medical devices, issued by a physician licensed to practice
1912		-	medicine in all its branches, dentist, veterinarian, podiatric
1913		-	physician, or optometrist, within the limits of his or her
1914		-	license, by a physician assistant in accordance with
1915		-	subsection (f) of Section 4, or by an advanced practice
1916		-	registered nurse in accordance with subsection (g) of Section
1917		-	4, containing the following: (1) name of the patient; (2) date
1918		-	when prescription was issued; (3) name and strength of drug or
1919		-	description of the medical device prescribed; and (4)
1920		-	quantity; (5) directions for use; (6) prescriber's name,
1921		-	address, and signature; and (7) DEA registration number where
1922		-	required, for controlled substances. The prescription may, but
1923		-	is not required to, list the illness, disease, or condition
1924		-	for which the drug or device is being prescribed. DEA
1925		-	registration numbers shall not be required on inpatient drug
1926		-	orders. A prescription for medication other than controlled
1927		-	substances shall be valid for up to 15 months from the date
1928		-	issued for the purpose of refills, unless the prescription
1929		-	states otherwise.
1930		-	(f) "Person" means and includes a natural person,
1931		-	partnership, association, corporation, government entity, or
1932		-	any other legal entity.
1933		-	(g) "Department" means the Department of Financial and
1934		-	Professional Regulation.
1935		-
1936		-
1937		-	(h) "Board of Pharmacy" or "Board" means the State Board
1938		-	of Pharmacy of the Department of Financial and Professional
1939		-	Regulation.
1940		-	(i) "Secretary" means the Secretary of Financial and
1941		-	Professional Regulation.
1942		-	(j) "Drug product selection" means the interchange for a
1943		-	prescribed pharmaceutical product in accordance with Section
1944		-	25 of this Act and Section 3.14 of the Illinois Food, Drug and
1945		-	Cosmetic Act.
1946		-	(k) "Inpatient drug order" means an order issued by an
1947		-	authorized prescriber for a resident or patient of a facility
1948		-	licensed under the Nursing Home Care Act, the ID/DD Community
1949		-	Care Act, the MC/DD Act, the Specialized Mental Health
1950		-	Rehabilitation Act of 2013, the Hospital Licensing Act, or the
1951		-	University of Illinois Hospital Act, or a facility which is
1952		-	operated by the Department of Human Services (as successor to
1953		-	the Department of Mental Health and Developmental
1954		-	Disabilities) or the Department of Corrections.
1955		-	(k-5) "Pharmacist" means an individual health care
1956		-	professional and provider currently licensed by this State to
1957		-	engage in the practice of pharmacy.
1958		-	(l) "Pharmacist in charge" means the licensed pharmacist
1959		-	whose name appears on a pharmacy license and who is
1960		-	responsible for all aspects of the operation related to the
1961		-	practice of pharmacy.
1962		-	(m) "Dispense" or "dispensing" means the interpretation,
1963		-
1964		-
1965		-	evaluation, and implementation of a prescription drug order,
1966		-	including the preparation and delivery of a drug or device to a
1967		-	patient or patient's agent in a suitable container
1968		-	appropriately labeled for subsequent administration to or use
1969		-	by a patient in accordance with applicable State and federal
1970		-	laws and regulations. "Dispense" or "dispensing" does not mean
1971		-	the physical delivery to a patient or a patient's
1972		-	representative in a home or institution by a designee of a
1973		-	pharmacist or by common carrier. "Dispense" or "dispensing"
1974		-	also does not mean the physical delivery of a drug or medical
1975		-	device to a patient or patient's representative by a
1976		-	pharmacist's designee within a pharmacy or drugstore while the
1977		-	pharmacist is on duty and the pharmacy is open.
1978		-	(n) "Nonresident pharmacy" means a pharmacy that is
1979		-	located in a state, commonwealth, or territory of the United
1980		-	States, other than Illinois, that delivers, dispenses, or
1981		-	distributes, through the United States Postal Service,
1982		-	commercially acceptable parcel delivery service, or other
1983		-	common carrier, to Illinois residents, any substance which
1984		-	requires a prescription.
1985		-	(o) "Compounding" means the preparation and mixing of
1986		-	components, excluding flavorings, (1) as the result of a
1987		-	prescriber's prescription drug order or initiative based on
1988		-	the prescriber-patient-pharmacist relationship in the course
1989		-	of professional practice or (2) for the purpose of, or
1990		-	incident to, research, teaching, or chemical analysis and not
1991		-
1992		-
1993		-	for sale or dispensing. "Compounding" includes the preparation
1994		-	of drugs or devices in anticipation of receiving prescription
1995		-	drug orders based on routine, regularly observed dispensing
1996		-	patterns. Commercially available products may be compounded
1997		-	for dispensing to individual patients only if all of the
1998		-	following conditions are met: (i) the commercial product is
1999		-	not reasonably available from normal distribution channels in
2000		-	a timely manner to meet the patient's needs and (ii) the
2001		-	prescribing practitioner has requested that the drug be
2002		-	compounded.
2003		-	(p) (Blank).
2004		-	(q) (Blank).
2005		-	(r) "Patient counseling" means the communication between a
2006		-	pharmacist or a student pharmacist under the supervision of a
2007		-	pharmacist and a patient or the patient's representative about
2008		-	the patient's medication or device for the purpose of
2009		-	optimizing proper use of prescription medications or devices.
2010		-	"Patient counseling" may include without limitation (1)
2011		-	obtaining a medication history; (2) acquiring a patient's
2012		-	allergies and health conditions; (3) facilitation of the
2013		-	patient's understanding of the intended use of the medication;
2014		-	(4) proper directions for use; (5) significant potential
2015		-	adverse events; (6) potential food-drug interactions; and (7)
2016		-	the need to be compliant with the medication therapy. A
2017		-	pharmacy technician may only participate in the following
2018		-	aspects of patient counseling under the supervision of a
2019		-
2020		-
2021		-	pharmacist: (1) obtaining medication history; (2) providing
2022		-	the offer for counseling by a pharmacist or student
2023		-	pharmacist; and (3) acquiring a patient's allergies and health
2024		-	conditions.
2025		-	(s) "Patient profiles" or "patient drug therapy record"
2026		-	means the obtaining, recording, and maintenance of patient
2027		-	prescription information, including prescriptions for
2028		-	controlled substances, and personal information.
2029		-	(t) (Blank).
2030		-	(u) "Medical device" or "device" means an instrument,
2031		-	apparatus, implement, machine, contrivance, implant, in vitro
2032		-	reagent, or other similar or related article, including any
2033		-	component part or accessory, required under federal law to
2034		-	bear the label "Caution: Federal law requires dispensing by or
2035		-	on the order of a physician". A seller of goods and services
2036		-	who, only for the purpose of retail sales, compounds, sells,
2037		-	rents, or leases medical devices shall not, by reasons
2038		-	thereof, be required to be a licensed pharmacy.
2039		-	(v) "Unique identifier" means an electronic signature,
2040		-	handwritten signature or initials, thumb print, or other
2041		-	acceptable biometric or electronic identification process as
2042		-	approved by the Department.
2043		-	(w) "Current usual and customary retail price" means the
2044		-	price that a pharmacy charges to a non-third-party payor.
2045		-	(x) "Automated pharmacy system" means a mechanical system
2046		-	located within the confines of the pharmacy or remote location
2047		-
2048		-
2049		-	that performs operations or activities, other than compounding
2050		-	or administration, relative to storage, packaging, dispensing,
2051		-	or distribution of medication, and which collects, controls,
2052		-	and maintains all transaction information.
2053		-	(y) "Drug regimen review" means and includes the
2054		-	evaluation of prescription drug orders and patient records for
2055		-	(1) known allergies; (2) drug or potential therapy
2056		-	contraindications; (3) reasonable dose, duration of use, and
2057		-	route of administration, taking into consideration factors
2058		-	such as age, gender, and contraindications; (4) reasonable
2059		-	directions for use; (5) potential or actual adverse drug
2060		-	reactions; (6) drug-drug interactions; (7) drug-food
2061		-	interactions; (8) drug-disease contraindications; (9)
2062		-	therapeutic duplication; (10) patient laboratory values when
2063		-	authorized and available; (11) proper utilization (including
2064		-	over or under utilization) and optimum therapeutic outcomes;
2065		-	and (12) abuse and misuse.
2066		-	(z) "Electronically transmitted prescription" means a
2067		-	prescription that is created, recorded, or stored by
2068		-	electronic means; issued and validated with an electronic
2069		-	signature; and transmitted by electronic means directly from
2070		-	the prescriber to a pharmacy. An electronic prescription is
2071		-	not an image of a physical prescription that is transferred by
2072		-	electronic means from computer to computer, facsimile to
2073		-	facsimile, or facsimile to computer.
2074		-	(aa) "Medication therapy management services" means a
2075		-
2076		-
2077		-	distinct service or group of services offered by licensed
2078		-	pharmacists, physicians licensed to practice medicine in all
2079		-	its branches, advanced practice registered nurses authorized
2080		-	in a written agreement with a physician licensed to practice
2081		-	medicine in all its branches, or physician assistants
2082		-	authorized in guidelines by a supervising physician that
2083		-	optimize therapeutic outcomes for individual patients through
2084		-	improved medication use. In a retail or other non-hospital
2085		-	pharmacy, medication therapy management services shall consist
2086		-	of the evaluation of prescription drug orders and patient
2087		-	medication records to resolve conflicts with the following:
2088		-	(1) known allergies;
2089		-	(2) drug or potential therapy contraindications;
2090		-	(3) reasonable dose, duration of use, and route of
2091		-	administration, taking into consideration factors such as
2092		-	age, gender, and contraindications;
2093		-	(4) reasonable directions for use;
2094		-	(5) potential or actual adverse drug reactions;
2095		-	(6) drug-drug interactions;
2096		-	(7) drug-food interactions;
2097		-	(8) drug-disease contraindications;
2098		-	(9) identification of therapeutic duplication;
2099		-	(10) patient laboratory values when authorized and
2100		-	available;
2101		-	(11) proper utilization (including over or under
2102		-	utilization) and optimum therapeutic outcomes; and
2103		-
2104		-
2105		-	(12) drug abuse and misuse.
2106		-	"Medication therapy management services" includes the
2107		-	following:
2108		-	(1) documenting the services delivered and
2109		-	communicating the information provided to patients'
2110		-	prescribers within an appropriate time frame, not to
2111		-	exceed 48 hours;
2112		-	(2) providing patient counseling designed to enhance a
2113		-	patient's understanding and the appropriate use of his or
2114		-	her medications; and
2115		-	(3) providing information, support services, and
2116		-	resources designed to enhance a patient's adherence with
2117		-	his or her prescribed therapeutic regimens.
2118		-	"Medication therapy management services" may also include
2119		-	patient care functions authorized by a physician licensed to
2120		-	practice medicine in all its branches for his or her
2121		-	identified patient or groups of patients under specified
2122		-	conditions or limitations in a standing order from the
2123		-	physician.
2124		-	"Medication therapy management services" in a licensed
2125		-	hospital may also include the following:
2126		-	(1) reviewing assessments of the patient's health
2127		-	status; and
2128		-	(2) following protocols of a hospital pharmacy and
2129		-	therapeutics committee with respect to the fulfillment of
2130		-	medication orders.
2131		-
2132		-
2133		-	(bb) "Pharmacist care" means the provision by a pharmacist
2134		-	of medication therapy management services, with or without the
2135		-	dispensing of drugs or devices, intended to achieve outcomes
2136		-	that improve patient health, quality of life, and comfort and
2137		-	enhance patient safety.
2138		-	(cc) "Protected health information" means individually
2139		-	identifiable health information that, except as otherwise
2140		-	provided, is:
2141		-	(1) transmitted by electronic media;
2142		-	(2) maintained in any medium set forth in the
2143		-	definition of "electronic media" in the federal Health
2144		-	Insurance Portability and Accountability Act; or
2145		-	(3) transmitted or maintained in any other form or
2146		-	medium.
2147		-	"Protected health information" does not include
2148		-	individually identifiable health information found in:
2149		-	(1) education records covered by the federal Family
2150		-	Educational Right and Privacy Act; or
2151		-	(2) employment records held by a licensee in its role
2152		-	as an employer.
2153		-	(dd) "Standing order" means a specific order for a patient
2154		-	or group of patients issued by a physician licensed to
2155		-	practice medicine in all its branches in Illinois.
2156		-	(ee) "Address of record" means the designated address
2157		-	recorded by the Department in the applicant's application file
2158		-	or licensee's license file maintained by the Department's
2159		-
2160		-
2161		-	licensure maintenance unit.
2162		-	(ff) "Home pharmacy" means the location of a pharmacy's
2163		-	primary operations.
2164		-	(gg) "Email address of record" means the designated email
2165		-	address recorded by the Department in the applicant's
2166		-	application file or the licensee's license file, as maintained
2167		-	by the Department's licensure maintenance unit.
2168		-	(Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21;
2169		-	102-103, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff.
2170		-	5-13-22; 102-1051, eff. 1-1-23.)
2171		-	(225 ILCS 85/9.6 new)
2172		-	Sec. 9.6. Administration of vaccines and therapeutics by
2173		-	registered pharmacy technicians and student pharmacists.
2174		-	(a) Under the supervision of an appropriately trained
2175		-	pharmacist, a registered pharmacy technician or student
2176		-	pharmacist may administer COVID-19 and influenza vaccines
2177		-	subcutaneously, intramuscularly, or orally as authorized,
2178		-	approved, or licensed by the United States Food and Drug
2179		-	Administration, subject to the following conditions:
2180		-	(1) the vaccination must be ordered by the supervising
2181		-	pharmacist;
2182		-	(2) the supervising pharmacist must be readily and
2183		-	immediately available to the immunizing pharmacy
2184		-	technician or student pharmacist;
2185		-	(3) the pharmacy technician or student pharmacist must
2186		-
2187		-
2188		-	complete a practical training program that is approved by
2189		-	the Accreditation Council for Pharmacy Education and that
2190		-	includes hands-on injection technique training and
2191		-	training in the recognition and treatment of emergency
2192		-	reactions to vaccines;
2193		-	(4) the pharmacy technician or student pharmacist must
2194		-	have a current certificate in basic cardiopulmonary
2195		-	resuscitation;
2196		-	(5) the pharmacy technician or student pharmacist must
2197		-	complete, during the relevant licensing period, a minimum
2198		-	of 2 hours of immunization-related continuing pharmacy
2199		-	education that is approved by the Accreditation Council
2200		-	for Pharmacy Education;
2201		-	(6) the supervising pharmacist must comply with all
2202		-	relevant recordkeeping and reporting requirements;
2203		-	(7) the supervising pharmacist must be responsible for
2204		-	complying with requirements related to reporting adverse
2205		-	events;
2206		-	(8) the supervising pharmacist must review the vaccine
2207		-	registry or other vaccination records prior to ordering
2208		-	the vaccination to be administered by the pharmacy
2209		-	technician or student pharmacist;
2210		-	(9) the pharmacy technician or student pharmacist
2211		-	must, if the patient is 18 years of age or younger, inform
2212		-	the patient and the adult caregiver accompanying the
2213		-	patient of the importance of a well-child visit with a
2214		-
2215		-
2216		-	pediatrician or other licensed primary-care provider and
2217		-	must refer patients as appropriate;
2218		-	(10) in the case of a COVID-19 vaccine, the
2219		-	vaccination must be ordered and administered according to
2220		-	the Advisory Committee on Immunization Practices' COVID-19
2221		-	vaccine recommendations;
2222		-	(11) in the case of a COVID-19 vaccine, the
2223		-	supervising pharmacist must comply with any applicable
2224		-	requirements or conditions of use as set forth in the
2225		-	Centers for Disease Control and Prevention COVID-19
2226		-	vaccination provider agreement and any other federal
2227		-	requirements that apply to the administration of COVID-19
2228		-	vaccines being administered; and
2229		-	(12) the registered pharmacy technician or student
2230		-	pharmacist and the supervising pharmacist must comply with
2231		-	all other requirements of this Act and the rules adopted
2232		-	thereunder pertaining to the administration of drugs.
2233		-	(b) Under the supervision of an appropriately trained
2234		-	pharmacist, a registered pharmacy technician or student
2235		-	pharmacist may administer COVID-19 therapeutics
2236		-	subcutaneously, intramuscularly, or orally as authorized,
2237		-	approved, or licensed by the United States Food and Drug
2238		-	Administration, subject to the following conditions:
2239		-	(1) the COVID-19 therapeutic must be authorized,
2240		-	approved or licensed by the United States Food and Drug
2241		-	Administration;
2242		-
2243		-
2244		-	(2) the COVID-19 therapeutic must be administered
2245		-	subcutaneously, intramuscularly, or orally in accordance
2246		-	with the United States Food and Drug Administration
2247		-	approval, authorization, or licensing;
2248		-	(3) a pharmacy technician or student pharmacist
2249		-	practicing pursuant to this Section must complete a
2250		-	practical training program that is approved by the
2251		-	Accreditation Council for Pharmacy Education and that
2252		-	includes hands-on injection technique training, clinical
2253		-	evaluation of indications and contraindications of
2254		-	COVID-19 therapeutics training, training in the
2255		-	recognition and treatment of emergency reactions to
2256		-	COVID-19 therapeutics, and any additional training
2257		-	required in the United States Food and Drug Administration
2258		-	approval, authorization, or licensing;
2259		-	(4) the pharmacy technician or student pharmacist must
2260		-	have a current certificate in basic cardiopulmonary
2261		-	resuscitation;
2262		-	(5) the pharmacy technician or student pharmacist must
2263		-	comply with any applicable requirements or conditions of
2264		-	use that apply to the administration of COVID-19
2265		-	therapeutics;
2266		-	(6) the supervising pharmacist must comply with all
2267		-	relevant recordkeeping and reporting requirements;
2268		-	(7) the supervising pharmacist must be readily and
2269		-	immediately available to the pharmacy technician or
2270		-
2271		-
2272		-	student pharmacist; and
2273		-	(8) the registered pharmacy technician or student
2274		-	pharmacist and the supervising pharmacist must comply with
2275		-	all other requirements of this Act and the rules adopted
2276		-	thereunder pertaining to the administration of drugs.
2277		-	Section 55. The Illinois Speech-Language Pathology and
2278		-	Audiology Practice Act is amended by changing Section 8.8 as
2279		-	follows:
2280		-	(225 ILCS 110/8.8)
2281		-	(Section scheduled to be repealed on January 1, 2028)
2282		-	Sec. 8.8. Supervision of speech-language pathology
2283		-	assistants.
2284		-	(a) A speech-language pathology assistant shall practice
2285		-	only under the supervision of a speech-language pathologist
2286		-	who has at least 2 years experience in addition to the
2287		-	supervised professional experience required under subsection
2288		-	(f) of Section 8 of this Act. A speech-language pathologist
2289		-	who supervises a speech-language pathology assistant (i) must
2290		-	have completed at least 6 clock hours of training in
2291		-	supervision related to speech-language pathology, and (ii)
2292		-	must complete at least 2 clock hours of continuing education
2293		-	in supervision related to speech-language pathology in each
2294		-	new licensing cycle after completion of the initial training
2295		-	required under item (i). The Department shall promulgate rules
2296		-
2297		-
2298		-	describing the supervision training requirements. The rules
2299		-	may allow a speech-language pathologist to apply to the Board
2300		-	for an exemption from this training requirement based upon
2301		-	prior supervisory experience.
2302		-	(b) A speech-language pathology assistant must be under
2303		-	the direct supervision of a speech-language pathologist at
2304		-	least 30% of the speech-language pathology assistant's actual
2305		-	patient or client contact time per patient or client during
2306		-	the first 90 days of initial employment as a speech-language
2307		-	pathology assistant. Thereafter, a speech-language pathology
2308		-	assistant must be under the direct supervision of a
2309		-	speech-language pathologist at least 20% of the
2310		-	speech-language pathology assistant's actual patient or client
2311		-	contact time per patient or client. Supervision of a
2312		-	speech-language pathology assistant beyond the minimum
2313		-	requirements of this subsection may be imposed at the
2314		-	discretion of the supervising speech-language pathologist. A
2315		-	supervising speech-language pathologist must be available to
2316		-	communicate with a speech-language pathology assistant
2317		-	whenever the assistant is in contact with a patient or client.
2318		-	(c) A speech-language pathologist that supervises a
2319		-	speech-language pathology assistant must document direct
2320		-	supervision activities. At a minimum, supervision
2321		-	documentation must provide (i) information regarding the
2322		-	quality of the speech-language pathology assistant's
2323		-	performance of assigned duties, and (ii) verification that
2324		-
2325		-
2326		-	clinical activity is limited to duties specified in Section
2327		-	8.7.
2328		-	(d) A full-time speech-language pathologist may supervise
2329		-	no more than 2 speech-language pathology assistants. A
2330		-	speech-language pathologist that does not work full-time may
2331		-	supervise no more than one speech-language pathology
2332		-	assistant.
2333		-	(e) For purposes of this Section, "direct supervision"
2334		-	means on-site, in-view observation and guidance by a
2335		-	speech-language pathologist while an assigned activity is
2336		-	performed by the speech-language pathology assistant or
2337		-	supervision by a speech-language pathologist by way of video
2338		-	conferencing technology during telehealth practice.
2339		-	(Source: P.A. 100-530, eff. 1-1-18.)
2340		-	Section 65. The Radiation Protection Act of 1990 is
2341		-	amended by changing Section 7a as follows:
2342		-	(420 ILCS 40/7a) (from Ch. 111 1/2, par. 210-7a)
2343		-	(Section scheduled to be repealed on January 1, 2027)
2344		-	Sec. 7a. Certification of industrial radiographers.
2345		-	(a) Beginning January 1, 1993, no person may perform
2346		-	industrial radiography unless he or she is certified by the
2347		-	Department of Nuclear Safety or its successor, the Illinois
2348		-	Emergency Management Agency, to perform industrial
2349		-	radiography. The Agency shall promulgate regulations
2350		-
2351		-
2352		-	establishing standards and procedures for certification of
2353		-	industrial radiographers. The regulations may include, without
2354		-	limitation, provisions specifying a minimum course of study
2355		-	and requiring that individuals seeking certification pass an
2356		-	examination administered or approved by the Agency. Industrial
2357		-	radiography certification shall be valid for 5 years, except
2358		-	that certifications for industrial radiography trainees shall
2359		-	be valid for 2 years or shall be extended pursuant to
2360		-	subsection (e). The Agency shall establish by regulation
2361		-	standards and procedures for renewal of certification. The
2362		-	regulations shall provide that certification for industrial
2363		-	radiography trainees shall be nonrenewable.
2364		-	(b) The regulations of the Department of Nuclear Safety,
2365		-	as the predecessor agency of the Illinois Emergency Management
2366		-	Agency, shall provide for provisional certification of persons
2367		-	who performed industrial radiography before January 1, 1993.
2368		-	In order to obtain provisional certification, the industrial
2369		-	radiographer must apply to the Department no later than
2370		-	January 1, 1993. Provisional certification shall be valid for
2371		-	2 years, except for those certifications extended pursuant to
2372		-	subsection (e), provided that a person who has obtained a
2373		-	provisional certification must take an examination that is
2374		-	administered or approved by the Department within 12 months of
2375		-	the date on which the provisional certification was issued.
2376		-	Upon passing the examination, the Department shall certify the
2377		-	individual as an industrial radiographer. Provisional
2378		-
2379		-
2380		-	certification shall be nonrenewable.
2381		-	(c) The Agency may, by regulation, assess certification
2382		-	fees and fees to recover the cost of examining applicants for
2383		-	certification.
2384		-	(d) The Agency may suspend or revoke the certification of
2385		-	an industrial radiographer, or take other action as provided
2386		-	in Sections 36 and 38 of this Act, if a certified industrial
2387		-	radiographer violates this Act or any rule or regulation
2388		-	promulgated under this Act, or otherwise endangers the safety
2389		-	of himself, his co-workers, or members of the general public.
2390		-	It shall be a violation of this Act for any person to allow an
2391		-	individual who is not a certified industrial radiographer to
2392		-	perform industrial radiography.
2393		-	(e) The Agency may extend the term of existing
2394		-	certifications for industrial radiographers and industrial
2395		-	radiographer trainees in 90-day increments, not to exceed a
2396		-	maximum period of 6 months beyond the initial term, to allow
2397		-	individuals time to meet the examination criteria. Industrial
2398		-	radiographers and industrial radiographer trainees shall meet
2399		-	all other requirements as set forth by the Agency.
2400		-	(Source: P.A. 94-104, eff. 7-1-05.)
2401		-	Section 99. Effective date. This Act takes effect upon
2402		-	becoming law.
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	33	+	1 (2) The power to modify the scope of practice
	34	+	2 restrictions under any licensing act administered by the
	35	+	3 Department for any person working under the direction of
	36	+	4 the Illinois Emergency Management Agency and the Illinois
	37	+	5 Department of Public Health pursuant to the declared
	38	+	6 disaster.
	39	+	7 (3) The power to expand the exemption in Section 4(a)
	40	+	8 of the Pharmacy Practice Act to those licensed
	41	+	9 professionals whose scope of practice has been modified,
	42	+	10 under paragraph (2) of subsection (a) of this Section, to
	43	+	11 include any element of the practice of pharmacy as defined
	44	+	12 in the Pharmacy Practice Act for any person working under
	45	+	13 the direction of the Illinois Emergency Management Agency
	46	+	14 and the Illinois Department of Public Health pursuant to
	47	+	15 the declared disaster.
	48	+	16 (b) Persons exempt from licensure under paragraph (1) of
	49	+	17 subsection (a) of this Section and persons operating under
	50	+	18 modified scope of practice provisions under paragraph (2) of
	51	+	19 subsection (a) of this Section shall be exempt from licensure
	52	+	20 or be subject to modified scope of practice only until the
	53	+	21 declared disaster has ended as provided by law. For purposes
	54	+	22 of this Section, persons working under the direction of an
	55	+	23 emergency services and disaster agency accredited by the
	56	+	24 Illinois Emergency Management Agency and a local public health
	57	+	25 department, pursuant to a declared disaster, shall be deemed
	58	+	26 to be working under the direction of the Illinois Emergency
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	69	+	1 Management Agency and the Department of Public Health.
	70	+	2 (c) The Secretary or the Director, as his or her designee,
	71	+	3 shall exercise these powers by way of proclamation.
	72	+	4 (d) Any person who was issued a temporary out-of-state
	73	+	5 permit by the Department pursuant to a proclamation issued by
	74	+	6 the Secretary or related action by the Director in response to
	75	+	7 the COVID-19 pandemic may continue to practice under his or
	76	+	8 her temporary out-of-state permit if he or she submits an
	77	+	9 application for licensure by endorsement to the Department on
	78	+	10 or before May 11, 2023. Any such person may continue to
	79	+	11 practice under his or her temporary out-of-state permit until
	80	+	12 the Department issues the license or denies the application,
	81	+	13 at which time the temporary out-of-state permit shall expire.
	82	+	14 If the Department does not issue the license or does not deny
	83	+	15 the application by May 11, 2024, the temporary out-of-state
	84	+	16 permit shall expire. If the person holding a temporary
	85	+	17 out-of-state permit does not submit an application for
	86	+	18 licensure by endorsement to the Department on or before May
	87	+	19 11, 2023, the temporary out-of-state COVID permit shall expire
	88	+	20 on that date. The Secretary may extend the May 11, 2023
	89	+	21 deadline under this subsection for an additional 60 days. This
	90	+	22 subsection applies to the following licensed professions:
	91	+	23 physician; registered nurse; practical nurse; advanced
	92	+	24 practice registered nurse; full practice advanced practice
	93	+	25 registered nurse; pharmacist; occupational therapist;
	94	+	26 occupational therapy assistant; physical therapist; physical
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	105	+	1 therapist assistant; clinical psychologist; physician
	106	+	2 assistant; clinical social worker; social worker; dietitian
	107	+	3 nutritionist; professional counselor; clinical professional
	108	+	4 counselor; and respiratory care practitioner.
	109	+	5 (e) Any person who was issued a temporary reinstatement
	110	+	6 permit by the Department pursuant to a proclamation issued by
	111	+	7 the Secretary or related action by the Director in response to
	112	+	8 the COVID-19 pandemic may continue to practice under his or
	113	+	9 her temporary reinstatement permit if he or she submits an
	114	+	10 application for restoration or reinstatement of his or her
	115	+	11 license to the Department on or before May 11, 2023. Any such
	116	+	12 person may continue to practice under his or her temporary
	117	+	13 reinstatement permit until the Department restores or
	118	+	14 reinstates the license or denies the application, at which
	119	+	15 time the temporary reinstatement permit shall expire. If the
	120	+	16 Department does not restore or reinstate the license or does
	121	+	17 not deny the application by May 11, 2024, the temporary
	122	+	18 reinstatement permit shall expire. If the person holding a
	123	+	19 temporary reinstatement permit does not submit an application
	124	+	20 for restoration or reinstatement to the Department on or
	125	+	21 before May 11, 2023, the temporary reinstatement permit shall
	126	+	22 expire on that date. The Secretary may extend the May 11, 2023
	127	+	23 deadline under this subsection for an additional 60 days. This
	128	+	24 subsection applies to the following licensed professions:
	129	+	25 physician; registered nurse; practical nurse; advanced
	130	+	26 practice registered nurse; full practice advanced practice
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	141	+	1 registered nurse; pharmacist; occupational therapist;
	142	+	2 occupational therapy assistant; physical therapist; physical
	143	+	3 therapist assistant; clinical psychologist; physician
	144	+	4 assistant; clinical social worker; social worker; dietitian
	145	+	5 nutritionist; professional counselor; clinical professional
	146	+	6 counselor; and respiratory care practitioner.
	147	+	7 (Source: P.A. 99-227, eff. 8-3-15.)
	148	+	8 Section 10. The Assisted Living and Shared Housing Act is
	149	+	9 amended by changing Sections 40 and 110 as follows:
	150	+	10 (210 ILCS 9/40)
	151	+	11 Sec. 40. Probationary licenses. If the applicant has not
	152	+	12 been previously licensed under this Act or if the
	153	+	13 establishment is not in operation at the time the application
	154	+	14 is made and if the Department determines that the applicant
	155	+	15 meets the licensure requirements of this Act, the Department
	156	+	16 shall issue a probationary license. A probationary license
	157	+	17 shall be valid for 120 days unless sooner suspended or
	158	+	18 revoked. Within 30 days prior to the termination of a
	159	+	19 probationary license, the Department shall fully and
	160	+	20 completely review the establishment and, if the establishment
	161	+	21 meets the applicable requirements for licensure, shall issue a
	162	+	22 license, except that, during a statewide public health
	163	+	23 emergency, as defined in the Illinois Emergency Management
	164	+	24 Agency Act, the Department shall fully and completely review
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	175	+	1 the establishment to the extent feasible. If the Department
	176	+	2 finds that the establishment does not meet the requirements
	177	+	3 for licensure, but has made substantial progress toward
	178	+	4 meeting those requirements, the license may be renewed once
	179	+	5 for a period not to exceed 120 days from the expiration date of
	180	+	6 the initial probationary license.
	181	+	7 (Source: P.A. 93-1003, eff. 8-23-04.)
	182	+	8 (210 ILCS 9/110)
	183	+	9 Sec. 110. Powers and duties of the Department.
	184	+	10 (a) The Department shall conduct an annual unannounced
	185	+	11 on-site visit at each assisted living and shared housing
	186	+	12 establishment to determine compliance with applicable
	187	+	13 licensure requirements and standards, except that, during a
	188	+	14 statewide public health emergency, as defined in the Illinois
	189	+	15 Emergency Management Agency Act, the Department shall conduct
	190	+	16 on-site reviews and annual unannounced on-site visits to the
	191	+	17 extent feasible. Additional visits may be conducted without
	192	+	18 prior notice to the assisted living or shared housing
	193	+	19 establishment.
	194	+	20 (b) Upon receipt of information that may indicate the
	195	+	21 failure of the assisted living or shared housing establishment
	196	+	22 or a service provider to comply with a provision of this Act,
	197	+	23 the Department shall investigate the matter or make
	198	+	24 appropriate referrals to other government agencies and
	199	+	25 entities having jurisdiction over the subject matter of the
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	210	+	1 possible violation. The Department may also make referrals to
	211	+	2 any public or private agency that the Department considers
	212	+	3 available for appropriate assistance to those involved. The
	213	+	4 Department may oversee and coordinate the enforcement of State
	214	+	5 consumer protection policies affecting residents residing in
	215	+	6 an establishment licensed under this Act.
	216	+	7 (c) The Department shall establish by rule complaint
	217	+	8 receipt, investigation, resolution, and involuntary residency
	218	+	9 termination procedures. Resolution procedures shall provide
	219	+	10 for on-site review and evaluation of an assisted living or
	220	+	11 shared housing establishment found to be in violation of this
	221	+	12 Act within a specified period of time based on the gravity and
	222	+	13 severity of the violation and any pervasive pattern of
	223	+	14 occurrences of the same or similar violations.
	224	+	15 (d) (Blank).
	225	+	16 (e) The Department shall by rule establish penalties and
	226	+	17 sanctions, which shall include, but need not be limited to,
	227	+	18 the creation of a schedule of graduated penalties and
	228	+	19 sanctions to include closure.
	229	+	20 (f) The Department shall by rule establish procedures for
	230	+	21 disclosure of information to the public, which shall include,
	231	+	22 but not be limited to, ownership, licensure status, frequency
	232	+	23 of complaints, disposition of substantiated complaints, and
	233	+	24 disciplinary actions.
	234	+	25 (g) (Blank).
	235	+	26 (h) Beginning January 1, 2000, the Department shall begin
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	246	+	1 drafting rules necessary for the administration of this Act.
	247	+	2 (Source: P.A. 96-975, eff. 7-2-10.)
	248	+	3 Section 15. The Nursing Home Care Act is amended by
	249	+	4 changing Sections 3-102.2, 3-116, 3-202.5, 3-202.6, 3-206, and
	250	+	5 3-702 as follows:
	251	+	6 (210 ILCS 45/3-102.2)
	252	+	7 Sec. 3-102.2. Supported congregate living arrangement
	253	+	8 demonstration. The Illinois Department may grant no more than
	254	+	9 3 waivers from the requirements of this Act for facilities
	255	+	10 participating in the supported congregate living arrangement
	256	+	11 demonstration. A joint waiver request must be made by an
	257	+	12 applicant and the Department on Aging. If the Department on
	258	+	13 Aging does not act upon an application within 60 days, the
	259	+	14 applicant may submit a written waiver request on its own
	260	+	15 behalf. The waiver request must include a specific program
	261	+	16 plan describing the types of residents to be served and the
	262	+	17 services that will be provided in the facility. The Department
	263	+	18 shall conduct an on-site review at each facility annually or
	264	+	19 as often as necessary to ascertain compliance with the program
	265	+	20 plan, except that, during a statewide public health emergency,
	266	+	21 as defined in the Illinois Emergency Management Agency Act,
	267	+	22 the Department shall conduct on-site reviews and annual
	268	+	23 unannounced on-site visits to the extent feasible. The
	269	+	24 Department may revoke the waiver if it determines that the
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	280	+	1 facility is not in compliance with the program plan. Nothing
	281	+	2 in this Section prohibits the Department from conducting
	282	+	3 complaint investigations.
	283	+	4 A facility granted a waiver under this Section is not
	284	+	5 subject to the Illinois Health Facilities Planning Act, unless
	285	+	6 it subsequently applies for a certificate of need to convert
	286	+	7 to a nursing facility. A facility applying for conversion
	287	+	8 shall meet the licensure and certificate of need requirements
	288	+	9 in effect as of the date of application, and this provision may
	289	+	10 not be waived.
	290	+	11 (Source: P.A. 89-530, eff. 7-19-96.)
	291	+	12 (210 ILCS 45/3-116) (from Ch. 111 1/2, par. 4153-116)
	292	+	13 Sec. 3-116. If the applicant has not been previously
	293	+	14 licensed or if the facility is not in operation at the time
	294	+	15 application is made, the Department shall issue only a
	295	+	16 probationary license. A probationary license shall be valid
	296	+	17 for 120 days unless sooner suspended or revoked under Section
	297	+	18 3-119. Within 30 days prior to the termination of a
	298	+	19 probationary license, the Department shall fully and
	299	+	20 completely inspect the facility and, if the facility meets the
	300	+	21 applicable requirements for licensure, shall issue a license
	301	+	22 under Section 3-109, except that, during a statewide public
	302	+	23 health emergency, as defined in the Illinois Emergency
	303	+	24 Management Agency Act, the Department shall fully and
	304	+	25 completely inspect the establishment within appropriate time
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	315	+	1 frames to the extent feasible. If the Department finds that
	316	+	2 the facility does not meet the requirements for licensure but
	317	+	3 has made substantial progress toward meeting those
	318	+	4 requirements, the license may be renewed once for a period not
	319	+	5 to exceed 120 days from the expiration date of the initial
	320	+	6 probationary license.
	321	+	7 (Source: P.A. 81-223.)
	322	+	8 (210 ILCS 45/3-202.5)
	323	+	9 Sec. 3-202.5. Facility plan review; fees.
	324	+	10 (a) Before commencing construction of a new facility or
	325	+	11 specified types of alteration or additions to an existing long
	326	+	12 term care facility involving major construction, as defined by
	327	+	13 rule by the Department, with an estimated cost greater than
	328	+	14 $100,000, architectural drawings and specifications for the
	329	+	15 facility shall be submitted to the Department for review and
	330	+	16 approval. A facility may submit architectural drawings and
	331	+	17 specifications for other construction projects for Department
	332	+	18 review according to subsection (b) that shall not be subject
	333	+	19 to fees under subsection (d). Review of drawings and
	334	+	20 specifications shall be conducted by an employee of the
	335	+	21 Department meeting the qualifications established by the
	336	+	22 Department of Central Management Services class specifications
	337	+	23 for such an individual's position or by a person contracting
	338	+	24 with the Department who meets those class specifications.
	339	+	25 Final approval of the drawings and specifications for
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	350	+	1 compliance with design and construction standards shall be
	351	+	2 obtained from the Department before the alteration, addition,
	352	+	3 or new construction is begun.
	353	+	4 (b) The Department shall inform an applicant in writing
	354	+	5 within 10 working days after receiving drawings and
	355	+	6 specifications and the required fee, if any, from the
	356	+	7 applicant whether the applicant's submission is complete or
	357	+	8 incomplete. Failure to provide the applicant with this notice
	358	+	9 within 10 working days shall result in the submission being
	359	+	10 deemed complete for purposes of initiating the 60-day review
	360	+	11 period under this Section. If the submission is incomplete,
	361	+	12 the Department shall inform the applicant of the deficiencies
	362	+	13 with the submission in writing. If the submission is complete
	363	+	14 the required fee, if any, has been paid, the Department shall
	364	+	15 approve or disapprove drawings and specifications submitted to
	365	+	16 the Department no later than 60 days following receipt by the
	366	+	17 Department. The drawings and specifications shall be of
	367	+	18 sufficient detail, as provided by Department rule, to enable
	368	+	19 the Department to render a determination of compliance with
	369	+	20 design and construction standards under this Act. If the
	370	+	21 Department finds that the drawings are not of sufficient
	371	+	22 detail for it to render a determination of compliance, the
	372	+	23 plans shall be determined to be incomplete and shall not be
	373	+	24 considered for purposes of initiating the 60-day 60 day review
	374	+	25 period. If a submission of drawings and specifications is
	375	+	26 incomplete, the applicant may submit additional information.
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	386	+	1 The 60-day review period shall not commence until the
	387	+	2 Department determines that a submission of drawings and
	388	+	3 specifications is complete or the submission is deemed
	389	+	4 complete. If the Department has not approved or disapproved
	390	+	5 the drawings and specifications within 60 days, the
	391	+	6 construction, major alteration, or addition shall be deemed
	392	+	7 approved. If the drawings and specifications are disapproved,
	393	+	8 the Department shall state in writing, with specificity, the
	394	+	9 reasons for the disapproval. The entity submitting the
	395	+	10 drawings and specifications may submit additional information
	396	+	11 in response to the written comments from the Department or
	397	+	12 request a reconsideration of the disapproval. A final decision
	398	+	13 of approval or disapproval shall be made within 45 days of the
	399	+	14 receipt of the additional information or reconsideration
	400	+	15 request. If denied, the Department shall state the specific
	401	+	16 reasons for the denial.
	402	+	17 (c) The Department shall provide written approval for
	403	+	18 occupancy pursuant to subsection (g) and shall not issue a
	404	+	19 violation to a facility as a result of a licensure or complaint
	405	+	20 survey based upon the facility's physical structure if:
	406	+	21 (1) the Department reviewed and approved or deemed
	407	+	22 approved the drawings and specifications for compliance
	408	+	23 with design and construction standards;
	409	+	24 (2) the construction, major alteration, or addition
	410	+	25 was built as submitted;
	411	+	26 (3) the law or rules have not been amended since the
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	422	+	1 original approval; and
	423	+	2 (4) the conditions at the facility indicate that there
	424	+	3 is a reasonable degree of safety provided for the
	425	+	4 residents.
	426	+	5 (d) The Department shall charge the following fees in
	427	+	6 connection with its reviews conducted before June 30, 2004
	428	+	7 under this Section:
	429	+	8 (1) (Blank).
	430	+	9 (2) (Blank).
	431	+	10 (3) If the estimated dollar value of the alteration,
	432	+	11 addition, or new construction is $100,000 or more but less
	433	+	12 than $500,000, the fee shall be the greater of $2,400 or
	434	+	13 1.2% of that value.
	435	+	14 (4) If the estimated dollar value of the alteration,
	436	+	15 addition, or new construction is $500,000 or more but less
	437	+	16 than $1,000,000, the fee shall be the greater of $6,000 or
	438	+	17 0.96% of that value.
	439	+	18 (5) If the estimated dollar value of the alteration,
	440	+	19 addition, or new construction is $1,000,000 or more but
	441	+	20 less than $5,000,000, the fee shall be the greater of
	442	+	21 $9,600 or 0.22% of that value.
	443	+	22 (6) If the estimated dollar value of the alteration,
	444	+	23 addition, or new construction is $5,000,000 or more, the
	445	+	24 fee shall be the greater of $11,000 or 0.11% of that value,
	446	+	25 but shall not exceed $40,000.
	447	+	26 The fees provided in this subsection (d) shall not apply
	448	+
	449	+
	450	+
	451	+
	452	+
	453	+	HB0559 Enrolled - 13 - LRB103 04144 BMS 49150 b
	454	+
	455	+
	456	+	HB0559 Enrolled- 14 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 14 - LRB103 04144 BMS 49150 b
	457	+	HB0559 Enrolled - 14 - LRB103 04144 BMS 49150 b
	458	+	1 to major construction projects involving facility changes that
	459	+	2 are required by Department rule amendments.
	460	+	3 The fees provided in this subsection (d) shall also not
	461	+	4 apply to major construction projects if 51% or more of the
	462	+	5 estimated cost of the project is attributed to capital
	463	+	6 equipment. For major construction projects where 51% or more
	464	+	7 of the estimated cost of the project is attributed to capital
	465	+	8 equipment, the Department shall by rule establish a fee that
	466	+	9 is reasonably related to the cost of reviewing the project.
	467	+	10 The Department shall not commence the facility plan review
	468	+	11 process under this Section until the applicable fee has been
	469	+	12 paid.
	470	+	13 (e) All fees received by the Department under this Section
	471	+	14 shall be deposited into the Health Facility Plan Review Fund,
	472	+	15 a special fund created in the State Treasury. All fees paid by
	473	+	16 long-term care facilities under subsection (d) shall be used
	474	+	17 only to cover the costs relating to the Department's review of
	475	+	18 long-term care facility projects under this Section. Moneys
	476	+	19 shall be appropriated from that Fund to the Department only to
	477	+	20 pay the costs of conducting reviews under this Section or
	478	+	21 under Section 3-202.5 of the ID/DD Community Care Act or
	479	+	22 Section 3-202.5 of the MC/DD Act. None of the moneys in the
	480	+	23 Health Facility Plan Review Fund shall be used to reduce the
	481	+	24 amount of General Revenue Fund moneys appropriated to the
	482	+	25 Department for facility plan reviews conducted pursuant to
	483	+	26 this Section.
	484	+
	485	+
	486	+
	487	+
	488	+
	489	+	HB0559 Enrolled - 14 - LRB103 04144 BMS 49150 b
	490	+
	491	+
	492	+	HB0559 Enrolled- 15 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 15 - LRB103 04144 BMS 49150 b
	493	+	HB0559 Enrolled - 15 - LRB103 04144 BMS 49150 b
	494	+	1 (f)(1) The provisions of this amendatory Act of 1997
	495	+	2 concerning drawings and specifications shall apply only to
	496	+	3 drawings and specifications submitted to the Department on or
	497	+	4 after October 1, 1997.
	498	+	5 (2) On and after the effective date of this amendatory Act
	499	+	6 of 1997 and before October 1, 1997, an applicant may submit or
	500	+	7 resubmit drawings and specifications to the Department and pay
	501	+	8 the fees provided in subsection (d). If an applicant pays the
	502	+	9 fees provided in subsection (d) under this paragraph (2), the
	503	+	10 provisions of subsection (b) shall apply with regard to those
	504	+	11 drawings and specifications.
	505	+	12 (g) The Department shall conduct an on-site inspection of
	506	+	13 the completed project no later than 30 days after notification
	507	+	14 from the applicant that the project has been completed and all
	508	+	15 certifications required by the Department have been received
	509	+	16 and accepted by the Department, except that, during a
	510	+	17 statewide public health emergency, as defined in the Illinois
	511	+	18 Emergency Management Agency Act, the Department shall conduct
	512	+	19 an on-site inspection of the completed project to the extent
	513	+	20 feasible. The Department shall provide written approval for
	514	+	21 occupancy to the applicant within 5 working days of the
	515	+	22 Department's final inspection, provided the applicant has
	516	+	23 demonstrated substantial compliance as defined by Department
	517	+	24 rule. Occupancy of new major construction is prohibited until
	518	+	25 Department approval is received, unless the Department has not
	519	+	26 acted within the time frames provided in this subsection (g),
	520	+
	521	+
	522	+
	523	+
	524	+
	525	+	HB0559 Enrolled - 15 - LRB103 04144 BMS 49150 b
	526	+
	527	+
	528	+	HB0559 Enrolled- 16 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 16 - LRB103 04144 BMS 49150 b
	529	+	HB0559 Enrolled - 16 - LRB103 04144 BMS 49150 b
	530	+	1 in which case the construction shall be deemed approved.
	531	+	2 Occupancy shall be authorized after any required health
	532	+	3 inspection by the Department has been conducted.
	533	+	4 (h) The Department shall establish, by rule, a procedure
	534	+	5 to conduct interim on-site review of large or complex
	535	+	6 construction projects.
	536	+	7 (i) The Department shall establish, by rule, an expedited
	537	+	8 process for emergency repairs or replacement of like
	538	+	9 equipment.
	539	+	10 (j) Nothing in this Section shall be construed to apply to
	540	+	11 maintenance, upkeep, or renovation that does not affect the
	541	+	12 structural integrity of the building, does not add beds or
	542	+	13 services over the number for which the long-term care facility
	543	+	14 is licensed, and provides a reasonable degree of safety for
	544	+	15 the residents.
	545	+	16 (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
	546	+	17 (210 ILCS 45/3-202.6)
	547	+	18 Sec. 3-202.6. Department of Veterans' Affairs facility
	548	+	19 plan review.
	549	+	20 (a) Before commencing construction of a new facility or
	550	+	21 specified types of alteration or additions to an existing
	551	+	22 long-term care facility involving major construction, as
	552	+	23 defined by rule by the Department, with an estimated cost
	553	+	24 greater than $100,000, architectural drawings and
	554	+	25 specifications for the facility shall be submitted to the
	555	+
	556	+
	557	+
	558	+
	559	+
	560	+	HB0559 Enrolled - 16 - LRB103 04144 BMS 49150 b
	561	+
	562	+
	563	+	HB0559 Enrolled- 17 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 17 - LRB103 04144 BMS 49150 b
	564	+	HB0559 Enrolled - 17 - LRB103 04144 BMS 49150 b
	565	+	1 Department for review. A facility may submit architectural
	566	+	2 drawings and specifications for other construction projects
	567	+	3 for Department review according to subsection (b) of this
	568	+	4 Section. Review of drawings and specifications shall be
	569	+	5 conducted by an employee of the Department meeting the
	570	+	6 qualifications established by the Department of Central
	571	+	7 Management Services class specifications for such an
	572	+	8 individual's position or by a person contracting with the
	573	+	9 Department who meets those class specifications.
	574	+	10 (b) The Department shall inform an applicant in writing
	575	+	11 within 15 working days after receiving drawings and
	576	+	12 specifications from the applicant whether the applicant's
	577	+	13 submission is complete or incomplete. Failure to provide the
	578	+	14 applicant with this notice within 15 working days after
	579	+	15 receiving drawings and specifications from the applicant shall
	580	+	16 result in the submission being deemed complete for purposes of
	581	+	17 initiating the 60-working-day review period under this
	582	+	18 Section. If the submission is incomplete, the Department shall
	583	+	19 inform the applicant of the deficiencies with the submission
	584	+	20 in writing.
	585	+	21 If the submission is complete, the Department shall
	586	+	22 approve or disapprove drawings and specifications submitted to
	587	+	23 the Department no later than 60 working days following receipt
	588	+	24 by the Department. The drawings and specifications shall be of
	589	+	25 sufficient detail, as provided by Department rule, to enable
	590	+	26 the Department to render a determination of compliance with
	591	+
	592	+
	593	+
	594	+
	595	+
	596	+	HB0559 Enrolled - 17 - LRB103 04144 BMS 49150 b
	597	+
	598	+
	599	+	HB0559 Enrolled- 18 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 18 - LRB103 04144 BMS 49150 b
	600	+	HB0559 Enrolled - 18 - LRB103 04144 BMS 49150 b
	601	+	1 design and construction standards under this Act. If the
	602	+	2 Department finds that the drawings are not of sufficient
	603	+	3 detail for it to render a determination of compliance, the
	604	+	4 plans shall be determined to be incomplete and shall not be
	605	+	5 considered for purposes of initiating the 60-working-day
	606	+	6 review period. If a submission of drawings and specifications
	607	+	7 is incomplete, the applicant may submit additional
	608	+	8 information. The 60-working-day review period shall not
	609	+	9 commence until the Department determines that a submission of
	610	+	10 drawings and specifications is complete or the submission is
	611	+	11 deemed complete. If the Department has not approved or
	612	+	12 disapproved the drawings and specifications within 60 working
	613	+	13 days after receipt by the Department, the construction, major
	614	+	14 alteration, or addition shall be deemed approved. If the
	615	+	15 drawings and specifications are disapproved, the Department
	616	+	16 shall state in writing, with specificity, the reasons for the
	617	+	17 disapproval. The entity submitting the drawings and
	618	+	18 specifications may submit additional information in response
	619	+	19 to the written comments from the Department or request a
	620	+	20 reconsideration of the disapproval. A final decision of
	621	+	21 approval or disapproval shall be made within 45 working days
	622	+	22 after the receipt of the additional information or
	623	+	23 reconsideration request. If denied, the Department shall state
	624	+	24 the specific reasons for the denial.
	625	+	25 (c) The Department shall provide written approval for
	626	+	26 occupancy pursuant to subsection (e) of this Section and shall
	627	+
	628	+
	629	+
	630	+
	631	+
	632	+	HB0559 Enrolled - 18 - LRB103 04144 BMS 49150 b
	633	+
	634	+
	635	+	HB0559 Enrolled- 19 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 19 - LRB103 04144 BMS 49150 b
	636	+	HB0559 Enrolled - 19 - LRB103 04144 BMS 49150 b
	637	+	1 not issue a violation to a facility as a result of a licensure
	638	+	2 or complaint survey based upon the facility's physical
	639	+	3 structure if:
	640	+	4 (1) the Department reviewed and approved or is deemed
	641	+	5 to have approved the drawings and specifications for
	642	+	6 compliance with design and construction standards;
	643	+	7 (2) the construction, major alteration, or addition
	644	+	8 was built as submitted;
	645	+	9 (3) the law or rules have not been amended since the
	646	+	10 original approval; and
	647	+	11 (4) the conditions at the facility indicate that there
	648	+	12 is a reasonable degree of safety provided for the
	649	+	13 residents.
	650	+	14 (d) The Department shall not charge a fee in connection
	651	+	15 with its reviews to the Department of Veterans' Affairs.
	652	+	16 (e) The Department shall conduct an on-site inspection of
	653	+	17 the completed project no later than 45 working days after
	654	+	18 notification from the applicant that the project has been
	655	+	19 completed and all certifications required by the Department
	656	+	20 have been received and accepted by the Department, except
	657	+	21 that, during a statewide public health emergency, as defined
	658	+	22 in the Illinois Emergency Management Agency Act, the
	659	+	23 Department shall conduct an on-site inspection of the
	660	+	24 completed project to the extent feasible. The Department may
	661	+	25 extend this deadline if a federally mandated survey time frame
	662	+	26 takes precedence. The Department shall provide written
	663	+
	664	+
	665	+
	666	+
	667	+
	668	+	HB0559 Enrolled - 19 - LRB103 04144 BMS 49150 b
	669	+
	670	+
	671	+	HB0559 Enrolled- 20 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 20 - LRB103 04144 BMS 49150 b
	672	+	HB0559 Enrolled - 20 - LRB103 04144 BMS 49150 b
	673	+	1 approval for occupancy to the applicant within 7 working days
	674	+	2 after the Department's final inspection, provided the
	675	+	3 applicant has demonstrated substantial compliance as defined
	676	+	4 by Department rule. Occupancy of new major construction is
	677	+	5 prohibited until Department approval is received, unless the
	678	+	6 Department has not acted within the time frames provided in
	679	+	7 this subsection (e), in which case the construction shall be
	680	+	8 deemed approved. Occupancy shall be authorized after any
	681	+	9 required health inspection by the Department has been
	682	+	10 conducted.
	683	+	11 (f) The Department shall establish, by rule, an expedited
	684	+	12 process for emergency repairs or replacement of like
	685	+	13 equipment.
	686	+	14 (g) Nothing in this Section shall be construed to apply to
	687	+	15 maintenance, upkeep, or renovation that does not affect the
	688	+	16 structural integrity or fire or life safety of the building,
	689	+	17 does not add beds or services over the number for which the
	690	+	18 long-term care facility is licensed, and provides a reasonable
	691	+	19 degree of safety for the residents.
	692	+	20 (h) If the number of licensed facilities increases or the
	693	+	21 number of beds for the currently licensed facilities
	694	+	22 increases, the Department has the right to reassess the
	695	+	23 mandated time frames listed in this Section.
	696	+	24 (Source: P.A. 99-314, eff. 8-7-15.)
	697	+	25 (210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
	698	+
	699	+
	700	+
	701	+
	702	+
	703	+	HB0559 Enrolled - 20 - LRB103 04144 BMS 49150 b
	704	+
	705	+
	706	+	HB0559 Enrolled- 21 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 21 - LRB103 04144 BMS 49150 b
	707	+	HB0559 Enrolled - 21 - LRB103 04144 BMS 49150 b
	708	+	1 Sec. 3-206. The Department shall prescribe a curriculum
	709	+	2 for training nursing assistants, habilitation aides, and child
	710	+	3 care aides.
	711	+	4 (a) No person, except a volunteer who receives no
	712	+	5 compensation from a facility and is not included for the
	713	+	6 purpose of meeting any staffing requirements set forth by the
	714	+	7 Department, shall act as a nursing assistant, habilitation
	715	+	8 aide, or child care aide in a facility, nor shall any person,
	716	+	9 under any other title, not licensed, certified, or registered
	717	+	10 to render medical care by the Department of Financial and
	718	+	11 Professional Regulation, assist with the personal, medical, or
	719	+	12 nursing care of residents in a facility, unless such person
	720	+	13 meets the following requirements:
	721	+	14 (1) Be at least 16 years of age, of temperate habits
	722	+	15 and good moral character, honest, reliable and
	723	+	16 trustworthy.
	724	+	17 (2) Be able to speak and understand the English
	725	+	18 language or a language understood by a substantial
	726	+	19 percentage of the facility's residents.
	727	+	20 (3) Provide evidence of employment or occupation, if
	728	+	21 any, and residence for 2 years prior to his present
	729	+	22 employment.
	730	+	23 (4) Have completed at least 8 years of grade school or
	731	+	24 provide proof of equivalent knowledge.
	732	+	25 (5) Begin a current course of training for nursing
	733	+	26 assistants, habilitation aides, or child care aides,
	734	+
	735	+
	736	+
	737	+
	738	+
	739	+	HB0559 Enrolled - 21 - LRB103 04144 BMS 49150 b
	740	+
	741	+
	742	+	HB0559 Enrolled- 22 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 22 - LRB103 04144 BMS 49150 b
	743	+	HB0559 Enrolled - 22 - LRB103 04144 BMS 49150 b
	744	+	1 approved by the Department, within 45 days of initial
	745	+	2 employment in the capacity of a nursing assistant,
	746	+	3 habilitation aide, or child care aide at any facility.
	747	+	4 Such courses of training shall be successfully completed
	748	+	5 within 120 days of initial employment in the capacity of
	749	+	6 nursing assistant, habilitation aide, or child care aide
	750	+	7 at a facility. Nursing assistants, habilitation aides, and
	751	+	8 child care aides who are enrolled in approved courses in
	752	+	9 community colleges or other educational institutions on a
	753	+	10 term, semester, or trimester basis, shall be exempt from
	754	+	11 the 120-day completion time limit. During a statewide
	755	+	12 public health emergency, as defined in the Illinois
	756	+	13 Emergency Management Agency Act, all nursing assistants,
	757	+	14 habilitation aides, and child care aides shall, to the
	758	+	15 extent feasible, complete the training. The Department
	759	+	16 shall adopt rules for such courses of training. These
	760	+	17 rules shall include procedures for facilities to carry on
	761	+	18 an approved course of training within the facility. The
	762	+	19 Department shall allow an individual to satisfy the
	763	+	20 supervised clinical experience requirement for placement
	764	+	21 on the Health Care Worker Registry under 77 Ill. Adm. Code
	765	+	22 300.663 through supervised clinical experience at an
	766	+	23 assisted living establishment licensed under the Assisted
	767	+	24 Living and Shared Housing Act. The Department shall adopt
	768	+	25 rules requiring that the Health Care Worker Registry
	769	+	26 include information identifying where an individual on the
	770	+
	771	+
	772	+
	773	+
	774	+
	775	+	HB0559 Enrolled - 22 - LRB103 04144 BMS 49150 b
	776	+
	777	+
	778	+	HB0559 Enrolled- 23 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 23 - LRB103 04144 BMS 49150 b
	779	+	HB0559 Enrolled - 23 - LRB103 04144 BMS 49150 b
	780	+	1 Health Care Worker Registry received his or her clinical
	781	+	2 training.
	782	+	3 The Department may accept comparable training in lieu
	783	+	4 of the 120-hour course for student nurses, foreign nurses,
	784	+	5 military personnel, or employees of the Department of
	785	+	6 Human Services.
	786	+	7 The Department shall accept on-the-job experience in
	787	+	8 lieu of clinical training from any individual who
	788	+	9 participated in the temporary nursing assistant program
	789	+	10 during the COVID-19 pandemic before the end date of the
	790	+	11 temporary nursing assistant program and left the program
	791	+	12 in good standing, and the Department shall notify all
	792	+	13 approved certified nurse assistant training programs in
	793	+	14 the State of this requirement. The individual shall
	794	+	15 receive one hour of credit for every hour employed as a
	795	+	16 temporary nursing assistant, up to 40 total hours, and
	796	+	17 shall be permitted 90 days after the end date of the
	797	+	18 temporary nursing assistant program to enroll in an
	798	+	19 approved certified nursing assistant training program and
	799	+	20 240 days to successfully complete the certified nursing
	800	+	21 assistant training program. Temporary nursing assistants
	801	+	22 who enroll in a certified nursing assistant training
	802	+	23 program within 90 days of the end of the temporary nursing
	803	+	24 assistant program may continue to work as a nursing
	804	+	25 assistant for up to 240 days after enrollment in the
	805	+	26 certified nursing assistant training program. As used in
	806	+
	807	+
	808	+
	809	+
	810	+
	811	+	HB0559 Enrolled - 23 - LRB103 04144 BMS 49150 b
	812	+
	813	+
	814	+	HB0559 Enrolled- 24 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 24 - LRB103 04144 BMS 49150 b
	815	+	HB0559 Enrolled - 24 - LRB103 04144 BMS 49150 b
	816	+	1 this Section, "temporary nursing assistant program" means
	817	+	2 the program implemented by the Department of Public Health
	818	+	3 by emergency rule, as listed in 44 Ill. Reg. 7936,
	819	+	4 effective April 21, 2020.
	820	+	5 The facility shall develop and implement procedures,
	821	+	6 which shall be approved by the Department, for an ongoing
	822	+	7 review process, which shall take place within the
	823	+	8 facility, for nursing assistants, habilitation aides, and
	824	+	9 child care aides.
	825	+	10 At the time of each regularly scheduled licensure
	826	+	11 survey, or at the time of a complaint investigation, the
	827	+	12 Department may require any nursing assistant, habilitation
	828	+	13 aide, or child care aide to demonstrate, either through
	829	+	14 written examination or action, or both, sufficient
	830	+	15 knowledge in all areas of required training. If such
	831	+	16 knowledge is inadequate the Department shall require the
	832	+	17 nursing assistant, habilitation aide, or child care aide
	833	+	18 to complete inservice training and review in the facility
	834	+	19 until the nursing assistant, habilitation aide, or child
	835	+	20 care aide demonstrates to the Department, either through
	836	+	21 written examination or action, or both, sufficient
	837	+	22 knowledge in all areas of required training.
	838	+	23 (6) Be familiar with and have general skills related
	839	+	24 to resident care.
	840	+	25 (a-0.5) An educational entity, other than a secondary
	841	+	26 school, conducting a nursing assistant, habilitation aide, or
	842	+
	843	+
	844	+
	845	+
	846	+
	847	+	HB0559 Enrolled - 24 - LRB103 04144 BMS 49150 b
	848	+
	849	+
	850	+	HB0559 Enrolled- 25 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 25 - LRB103 04144 BMS 49150 b
	851	+	HB0559 Enrolled - 25 - LRB103 04144 BMS 49150 b
	852	+	1 child care aide training program shall initiate a criminal
	853	+	2 history record check in accordance with the Health Care Worker
	854	+	3 Background Check Act prior to entry of an individual into the
	855	+	4 training program. A secondary school may initiate a criminal
	856	+	5 history record check in accordance with the Health Care Worker
	857	+	6 Background Check Act at any time during or after a training
	858	+	7 program.
	859	+	8 (a-1) Nursing assistants, habilitation aides, or child
	860	+	9 care aides seeking to be included on the Health Care Worker
	861	+	10 Registry under the Health Care Worker Background Check Act on
	862	+	11 or after January 1, 1996 must authorize the Department of
	863	+	12 Public Health or its designee to request a criminal history
	864	+	13 record check in accordance with the Health Care Worker
	865	+	14 Background Check Act and submit all necessary information. An
	866	+	15 individual may not newly be included on the Health Care Worker
	867	+	16 Registry unless a criminal history record check has been
	868	+	17 conducted with respect to the individual.
	869	+	18 (b) Persons subject to this Section shall perform their
	870	+	19 duties under the supervision of a licensed nurse.
	871	+	20 (c) It is unlawful for any facility to employ any person in
	872	+	21 the capacity of nursing assistant, habilitation aide, or child
	873	+	22 care aide, or under any other title, not licensed by the State
	874	+	23 of Illinois to assist in the personal, medical, or nursing
	875	+	24 care of residents in such facility unless such person has
	876	+	25 complied with this Section.
	877	+	26 (d) Proof of compliance by each employee with the
	878	+
	879	+
	880	+
	881	+
	882	+
	883	+	HB0559 Enrolled - 25 - LRB103 04144 BMS 49150 b
	884	+
	885	+
	886	+	HB0559 Enrolled- 26 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 26 - LRB103 04144 BMS 49150 b
	887	+	HB0559 Enrolled - 26 - LRB103 04144 BMS 49150 b
	888	+	1 requirements set out in this Section shall be maintained for
	889	+	2 each such employee by each facility in the individual
	890	+	3 personnel folder of the employee. Proof of training shall be
	891	+	4 obtained only from the Health Care Worker Registry.
	892	+	5 (e) Each facility shall obtain access to the Health Care
	893	+	6 Worker Registry's web application, maintain the employment and
	894	+	7 demographic information relating to each employee, and verify
	895	+	8 by the category and type of employment that each employee
	896	+	9 subject to this Section meets all the requirements of this
	897	+	10 Section.
	898	+	11 (f) Any facility that is operated under Section 3-803
	899	+	12 shall be exempt from the requirements of this Section.
	900	+	13 (g) Each skilled nursing and intermediate care facility
	901	+	14 that admits persons who are diagnosed as having Alzheimer's
	902	+	15 disease or related dementias shall require all nursing
	903	+	16 assistants, habilitation aides, or child care aides, who did
	904	+	17 not receive 12 hours of training in the care and treatment of
	905	+	18 such residents during the training required under paragraph
	906	+	19 (5) of subsection (a), to obtain 12 hours of in-house training
	907	+	20 in the care and treatment of such residents. If the facility
	908	+	21 does not provide the training in-house, the training shall be
	909	+	22 obtained from other facilities, community colleges or other
	910	+	23 educational institutions that have a recognized course for
	911	+	24 such training. The Department shall, by rule, establish a
	912	+	25 recognized course for such training. The Department's rules
	913	+	26 shall provide that such training may be conducted in-house at
	914	+
	915	+
	916	+
	917	+
	918	+
	919	+	HB0559 Enrolled - 26 - LRB103 04144 BMS 49150 b
	920	+
	921	+
	922	+	HB0559 Enrolled- 27 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 27 - LRB103 04144 BMS 49150 b
	923	+	HB0559 Enrolled - 27 - LRB103 04144 BMS 49150 b
	924	+	1 each facility subject to the requirements of this subsection,
	925	+	2 in which case such training shall be monitored by the
	926	+	3 Department.
	927	+	4 The Department's rules shall also provide for
	928	+	5 circumstances and procedures whereby any person who has
	929	+	6 received training that meets the requirements of this
	930	+	7 subsection shall not be required to undergo additional
	931	+	8 training if he or she is transferred to or obtains employment
	932	+	9 at a different facility or a facility other than a long-term
	933	+	10 care facility but remains continuously employed for pay as a
	934	+	11 nursing assistant, habilitation aide, or child care aide.
	935	+	12 Individuals who have performed no nursing or nursing-related
	936	+	13 services for a period of 24 consecutive months shall be listed
	937	+	14 as "inactive" and as such do not meet the requirements of this
	938	+	15 Section. Licensed sheltered care facilities shall be exempt
	939	+	16 from the requirements of this Section.
	940	+	17 An individual employed during the COVID-19 pandemic as a
	941	+	18 nursing assistant in accordance with any Executive Orders,
	942	+	19 emergency rules, or policy memoranda related to COVID-19 shall
	943	+	20 be assumed to meet competency standards and may continue to be
	944	+	21 employed as a certified nurse assistant when the pandemic ends
	945	+	22 and the Executive Orders or emergency rules lapse. Such
	946	+	23 individuals shall be listed on the Department's Health Care
	947	+	24 Worker Registry website as "active".
	948	+	25 (Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17;
	949	+	26 100-863, eff. 8-14-18; 101-655, eff. 3-12-21.)
	950	+
	951	+
	952	+
	953	+
	954	+
	955	+	HB0559 Enrolled - 27 - LRB103 04144 BMS 49150 b
	956	+
	957	+
	958	+	HB0559 Enrolled- 28 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 28 - LRB103 04144 BMS 49150 b
	959	+	HB0559 Enrolled - 28 - LRB103 04144 BMS 49150 b
	960	+	1 (210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
	961	+	2 Sec. 3-702. (a) A person who believes that this Act or a
	962	+	3 rule promulgated under this Act may have been violated may
	963	+	4 request an investigation. The request may be submitted to the
	964	+	5 Department in writing, by telephone, by electronic means, or
	965	+	6 by personal visit. An oral complaint shall be reduced to
	966	+	7 writing by the Department. The Department shall make
	967	+	8 available, through its website and upon request, information
	968	+	9 regarding the oral and phone intake processes and the list of
	969	+	10 questions that will be asked of the complainant. The
	970	+	11 Department shall request information identifying the
	971	+	12 complainant, including the name, address, and telephone
	972	+	13 number, to help enable appropriate follow-up. The Department
	973	+	14 shall act on such complaints via on-site visits or other
	974	+	15 methods deemed appropriate to handle the complaints with or
	975	+	16 without such identifying information, as otherwise provided
	976	+	17 under this Section. The complainant shall be informed that
	977	+	18 compliance with such request is not required to satisfy the
	978	+	19 procedures for filing a complaint under this Act. The
	979	+	20 Department must notify complainants that complaints with less
	980	+	21 information provided are far more difficult to respond to and
	981	+	22 investigate.
	982	+	23 (b) The substance of the complaint shall be provided in
	983	+	24 writing to the licensee, owner, or administrator no earlier
	984	+	25 than at the commencement of an on-site inspection of the
	985	+
	986	+
	987	+
	988	+
	989	+
	990	+	HB0559 Enrolled - 28 - LRB103 04144 BMS 49150 b
	991	+
	992	+
	993	+	HB0559 Enrolled- 29 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 29 - LRB103 04144 BMS 49150 b
	994	+	HB0559 Enrolled - 29 - LRB103 04144 BMS 49150 b
	995	+	1 facility which takes place pursuant to the complaint.
	996	+	2 (c) The Department shall not disclose the name of the
	997	+	3 complainant unless the complainant consents in writing to the
	998	+	4 disclosure or the investigation results in a judicial
	999	+	5 proceeding, or unless disclosure is essential to the
	1000	+	6 investigation. The complainant shall be given the opportunity
	1001	+	7 to withdraw the complaint before disclosure. Upon the request
	1002	+	8 of the complainant, the Department may permit the complainant
	1003	+	9 or a representative of the complainant to accompany the person
	1004	+	10 making the on-site inspection of the facility.
	1005	+	11 (d) Upon receipt of a complaint, the Department shall
	1006	+	12 determine whether this Act or a rule promulgated under this
	1007	+	13 Act has been or is being violated. The Department shall
	1008	+	14 investigate all complaints alleging abuse or neglect within 7
	1009	+	15 days after the receipt of the complaint except that complaints
	1010	+	16 of abuse or neglect which indicate that a resident's life or
	1011	+	17 safety is in imminent danger shall be investigated within 24
	1012	+	18 hours after receipt of the complaint. All other complaints
	1013	+	19 shall be investigated within 30 days after the receipt of the
	1014	+	20 complaint, except that, during a statewide public health
	1015	+	21 emergency, as defined in the Illinois Emergency Management
	1016	+	22 Agency Act, all other complaints shall be investigated within
	1017	+	23 appropriate time frames to the extent feasible. The Department
	1018	+	24 employees investigating a complaint shall conduct a brief,
	1019	+	25 informal exit conference with the facility to alert its
	1020	+	26 administration of any suspected serious deficiency that poses
	1021	+
	1022	+
	1023	+
	1024	+
	1025	+
	1026	+	HB0559 Enrolled - 29 - LRB103 04144 BMS 49150 b
	1027	+
	1028	+
	1029	+	HB0559 Enrolled- 30 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 30 - LRB103 04144 BMS 49150 b
	1030	+	HB0559 Enrolled - 30 - LRB103 04144 BMS 49150 b
	1031	+	1 a direct threat to the health, safety, or welfare of a resident
	1032	+	2 to enable an immediate correction for the alleviation or
	1033	+	3 elimination of such threat. Such information and findings
	1034	+	4 discussed in the brief exit conference shall become a part of
	1035	+	5 the investigating record but shall not in any way constitute
	1036	+	6 an official or final notice of violation as provided under
	1037	+	7 Section 3-301. All complaints shall be classified as "an
	1038	+	8 invalid report", "a valid report", or "an undetermined
	1039	+	9 report". For any complaint classified as "a valid report", the
	1040	+	10 Department must determine within 30 working days after any
	1041	+	11 Department employee enters a facility to begin an on-site
	1042	+	12 inspection if any rule or provision of this Act has been or is
	1043	+	13 being violated.
	1044	+	14 (d-1) The Department shall, whenever possible, combine an
	1045	+	15 on-site investigation of a complaint in a facility with other
	1046	+	16 inspections in order to avoid duplication of inspections.
	1047	+	17 (e) In all cases, the Department shall inform the
	1048	+	18 complainant of its findings within 10 days of its
	1049	+	19 determination unless otherwise indicated by the complainant,
	1050	+	20 and the complainant may direct the Department to send a copy of
	1051	+	21 such findings to another person. The Department's findings may
	1052	+	22 include comments or documentation provided by either the
	1053	+	23 complainant or the licensee pertaining to the complaint. The
	1054	+	24 Department shall also notify the facility of such findings
	1055	+	25 within 10 days of the determination, but the name of the
	1056	+	26 complainant or residents shall not be disclosed in this notice
	1057	+
	1058	+
	1059	+
	1060	+
	1061	+
	1062	+	HB0559 Enrolled - 30 - LRB103 04144 BMS 49150 b
	1063	+
	1064	+
	1065	+	HB0559 Enrolled- 31 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 31 - LRB103 04144 BMS 49150 b
	1066	+	HB0559 Enrolled - 31 - LRB103 04144 BMS 49150 b
	1067	+	1 to the facility. The notice of such findings shall include a
	1068	+	2 copy of the written determination; the correction order, if
	1069	+	3 any; the warning notice, if any; the inspection report; or the
	1070	+	4 State licensure form on which the violation is listed.
	1071	+	5 (f) A written determination, correction order, or warning
	1072	+	6 notice concerning a complaint, together with the facility's
	1073	+	7 response, shall be available for public inspection, but the
	1074	+	8 name of the complainant or resident shall not be disclosed
	1075	+	9 without his consent.
	1076	+	10 (g) A complainant who is dissatisfied with the
	1077	+	11 determination or investigation by the Department may request a
	1078	+	12 hearing under Section 3-703. The facility shall be given
	1079	+	13 notice of any such hearing and may participate in the hearing
	1080	+	14 as a party. If a facility requests a hearing under Section
	1081	+	15 3-703 which concerns a matter covered by a complaint, the
	1082	+	16 complainant shall be given notice and may participate in the
	1083	+	17 hearing as a party. A request for a hearing by either a
	1084	+	18 complainant or a facility shall be submitted in writing to the
	1085	+	19 Department within 30 days after the mailing of the
	1086	+	20 Department's findings as described in subsection (e) of this
	1087	+	21 Section. Upon receipt of the request the Department shall
	1088	+	22 conduct a hearing as provided under Section 3-703.
	1089	+	23 (g-5) The Department shall conduct an annual review of all
	1090	+	24 survey activity from the preceding fiscal year and make a
	1091	+	25 report concerning the complaint and survey process. The report
	1092	+	26 shall include, but not be limited to:
	1093	+
	1094	+
	1095	+
	1096	+
	1097	+
	1098	+	HB0559 Enrolled - 31 - LRB103 04144 BMS 49150 b
	1099	+
	1100	+
	1101	+	HB0559 Enrolled- 32 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 32 - LRB103 04144 BMS 49150 b
	1102	+	HB0559 Enrolled - 32 - LRB103 04144 BMS 49150 b
	1103	+	1 (1) the total number of complaints received;
	1104	+	2 (2) the breakdown of 24-hour, 7-day, and 30-day
	1105	+	3 complaints;
	1106	+	4 (3) the breakdown of anonymous and non-anonymous
	1107	+	5 complaints;
	1108	+	6 (4) the number of complaints that were substantiated
	1109	+	7 versus unsubstantiated;
	1110	+	8 (5) the total number of substantiated complaints that
	1111	+	9 were completed in the time frame determined under
	1112	+	10 subsection (d);
	1113	+	11 (6) the total number of informal dispute resolutions
	1114	+	12 requested;
	1115	+	13 (7) the total number of informal dispute resolution
	1116	+	14 requests approved;
	1117	+	15 (8) the total number of informal dispute resolutions
	1118	+	16 that were overturned or reduced in severity;
	1119	+	17 (9) the total number of nurse surveyors hired during
	1120	+	18 the calendar year;
	1121	+	19 (10) the total number of nurse surveyors who left
	1122	+	20 Department employment;
	1123	+	21 (11) the average length of tenure for nurse surveyors
	1124	+	22 employed by the Department at the time the report is
	1125	+	23 created;
	1126	+	24 (12) the total number of times the Department imposed
	1127	+	25 discretionary denial of payment within 15 days of notice
	1128	+	26 and within 2 days of notice as well as the number of times
	1129	+
	1130	+
	1131	+
	1132	+
	1133	+
	1134	+	HB0559 Enrolled - 32 - LRB103 04144 BMS 49150 b
	1135	+
	1136	+
	1137	+	HB0559 Enrolled- 33 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 33 - LRB103 04144 BMS 49150 b
	1138	+	HB0559 Enrolled - 33 - LRB103 04144 BMS 49150 b
	1139	+	1 the discretionary denial of payment took effect; and
	1140	+	2 (13) any other complaint information requested by the
	1141	+	3 Long-Term Care Facility Advisory Board created under
	1142	+	4 Section 2-204 of this Act or the Illinois Long-Term Care
	1143	+	5 Council created under Section 4.04a of the Illinois Act on
	1144	+	6 the Aging.
	1145	+	7 This report shall be provided to the Long-Term Care
	1146	+	8 Facility Advisory Board, the Illinois Long-Term Care Council,
	1147	+	9 and the General Assembly. The Long-Term Care Facility Advisory
	1148	+	10 Board and the Illinois Long-Term Care Council shall review the
	1149	+	11 report and suggest any changes deemed necessary to the
	1150	+	12 Department for review and action, including how to investigate
	1151	+	13 and substantiate anonymous complaints.
	1152	+	14 (h) Any person who knowingly transmits a false report to
	1153	+	15 the Department commits the offense of disorderly conduct under
	1154	+	16 subsection (a)(8) of Section 26-1 of the Criminal Code of
	1155	+	17 2012.
	1156	+	18 (Source: P.A. 102-432, eff. 8-20-21; 102-947, eff. 1-1-23;
	1157	+	19 revised 12-9-22.)
	1158	+	20 Section 20. The MC/DD Act is amended by changing Sections
	1159	+	21 3-116, 3-202.5, and 3-702 as follows:
	1160	+	22 (210 ILCS 46/3-116)
	1161	+	23 Sec. 3-116. Probationary license. If the applicant has not
	1162	+	24 been previously licensed or if the facility is not in
	1163	+
	1164	+
	1165	+
	1166	+
	1167	+
	1168	+	HB0559 Enrolled - 33 - LRB103 04144 BMS 49150 b
	1169	+
	1170	+
	1171	+	HB0559 Enrolled- 34 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 34 - LRB103 04144 BMS 49150 b
	1172	+	HB0559 Enrolled - 34 - LRB103 04144 BMS 49150 b
	1173	+	1 operation at the time application is made, the Department
	1174	+	2 shall issue only a probationary license. A probationary
	1175	+	3 license shall be valid for 120 days unless sooner suspended or
	1176	+	4 revoked under Section 3-119. Within 30 days prior to the
	1177	+	5 termination of a probationary license, the Department shall
	1178	+	6 fully and completely inspect the facility and, if the facility
	1179	+	7 meets the applicable requirements for licensure, shall issue a
	1180	+	8 license under Section 3-109, except that, during a statewide
	1181	+	9 public health emergency, as defined in the Illinois Emergency
	1182	+	10 Management Agency Act, the Department shall inspect facilities
	1183	+	11 within an appropriate time frame to the extent feasible. If
	1184	+	12 the Department finds that the facility does not meet the
	1185	+	13 requirements for licensure but has made substantial progress
	1186	+	14 toward meeting those requirements, the license may be renewed
	1187	+	15 once for a period not to exceed 120 days from the expiration
	1188	+	16 date of the initial probationary license.
	1189	+	17 (Source: P.A. 99-180, eff. 7-29-15.)
	1190	+	18 (210 ILCS 46/3-202.5)
	1191	+	19 Sec. 3-202.5. Facility plan review; fees.
	1192	+	20 (a) Before commencing construction of a new facility or
	1193	+	21 specified types of alteration or additions to an existing
	1194	+	22 facility involving major construction, as defined by rule by
	1195	+	23 the Department, with an estimated cost greater than $100,000,
	1196	+	24 architectural drawings and specifications for the facility
	1197	+	25 shall be submitted to the Department for review and approval.
	1198	+
	1199	+
	1200	+
	1201	+
	1202	+
	1203	+	HB0559 Enrolled - 34 - LRB103 04144 BMS 49150 b
	1204	+
	1205	+
	1206	+	HB0559 Enrolled- 35 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 35 - LRB103 04144 BMS 49150 b
	1207	+	HB0559 Enrolled - 35 - LRB103 04144 BMS 49150 b
	1208	+	1 A facility may submit architectural drawings and
	1209	+	2 specifications for other construction projects for Department
	1210	+	3 review according to subsection (b) that shall not be subject
	1211	+	4 to fees under subsection (d). Review of drawings and
	1212	+	5 specifications shall be conducted by an employee of the
	1213	+	6 Department meeting the qualifications established by the
	1214	+	7 Department of Central Management Services class specifications
	1215	+	8 for such an individual's position or by a person contracting
	1216	+	9 with the Department who meets those class specifications.
	1217	+	10 Final approval of the drawings and specifications for
	1218	+	11 compliance with design and construction standards shall be
	1219	+	12 obtained from the Department before the alteration, addition,
	1220	+	13 or new construction is begun.
	1221	+	14 (b) The Department shall inform an applicant in writing
	1222	+	15 within 10 working days after receiving drawings and
	1223	+	16 specifications and the required fee, if any, from the
	1224	+	17 applicant whether the applicant's submission is complete or
	1225	+	18 incomplete. Failure to provide the applicant with this notice
	1226	+	19 within 10 working days shall result in the submission being
	1227	+	20 deemed complete for purposes of initiating the 60-day 60 day
	1228	+	21 review period under this Section. If the submission is
	1229	+	22 incomplete, the Department shall inform the applicant of the
	1230	+	23 deficiencies with the submission in writing. If the submission
	1231	+	24 is complete the required fee, if any, has been paid, the
	1232	+	25 Department shall approve or disapprove drawings and
	1233	+	26 specifications submitted to the Department no later than 60
	1234	+
	1235	+
	1236	+
	1237	+
	1238	+
	1239	+	HB0559 Enrolled - 35 - LRB103 04144 BMS 49150 b
	1240	+
	1241	+
	1242	+	HB0559 Enrolled- 36 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 36 - LRB103 04144 BMS 49150 b
	1243	+	HB0559 Enrolled - 36 - LRB103 04144 BMS 49150 b
	1244	+	1 days following receipt by the Department. The drawings and
	1245	+	2 specifications shall be of sufficient detail, as provided by
	1246	+	3 Department rule, to enable the Department to render a
	1247	+	4 determination of compliance with design and construction
	1248	+	5 standards under this Act. If the Department finds that the
	1249	+	6 drawings are not of sufficient detail for it to render a
	1250	+	7 determination of compliance, the plans shall be determined to
	1251	+	8 be incomplete and shall not be considered for purposes of
	1252	+	9 initiating the 60 day review period. If a submission of
	1253	+	10 drawings and specifications is incomplete, the applicant may
	1254	+	11 submit additional information. The 60 day review period shall
	1255	+	12 not commence until the Department determines that a submission
	1256	+	13 of drawings and specifications is complete or the submission
	1257	+	14 is deemed complete. If the Department has not approved or
	1258	+	15 disapproved the drawings and specifications within 60 days,
	1259	+	16 the construction, major alteration, or addition shall be
	1260	+	17 deemed approved. If the drawings and specifications are
	1261	+	18 disapproved, the Department shall state in writing, with
	1262	+	19 specificity, the reasons for the disapproval. The entity
	1263	+	20 submitting the drawings and specifications may submit
	1264	+	21 additional information in response to the written comments
	1265	+	22 from the Department or request a reconsideration of the
	1266	+	23 disapproval. A final decision of approval or disapproval shall
	1267	+	24 be made within 45 days of the receipt of the additional
	1268	+	25 information or reconsideration request. If denied, the
	1269	+	26 Department shall state the specific reasons for the denial.
	1270	+
	1271	+
	1272	+
	1273	+
	1274	+
	1275	+	HB0559 Enrolled - 36 - LRB103 04144 BMS 49150 b
	1276	+
	1277	+
	1278	+	HB0559 Enrolled- 37 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 37 - LRB103 04144 BMS 49150 b
	1279	+	HB0559 Enrolled - 37 - LRB103 04144 BMS 49150 b
	1280	+	1 (c) The Department shall provide written approval for
	1281	+	2 occupancy pursuant to subsection (g) and shall not issue a
	1282	+	3 violation to a facility as a result of a licensure or complaint
	1283	+	4 survey based upon the facility's physical structure if:
	1284	+	5 (1) the Department reviewed and approved or deemed
	1285	+	6 approved the drawings and specifications for compliance
	1286	+	7 with design and construction standards;
	1287	+	8 (2) the construction, major alteration, or addition
	1288	+	9 was built as submitted;
	1289	+	10 (3) the law or rules have not been amended since the
	1290	+	11 original approval; and
	1291	+	12 (4) the conditions at the facility indicate that there
	1292	+	13 is a reasonable degree of safety provided for the
	1293	+	14 residents.
	1294	+	15 (d) (Blank).
	1295	+	16 (e) All fees received by the Department under this Section
	1296	+	17 shall be deposited into the Health Facility Plan Review Fund,
	1297	+	18 a special fund created in the State Treasury. Moneys shall be
	1298	+	19 appropriated from that Fund to the Department only to pay the
	1299	+	20 costs of conducting reviews under this Section, under Section
	1300	+	21 3-202.5 of the Nursing Home Care Act, or under Section 3-202.5
	1301	+	22 of the ID/DD Community Care Act. None of the moneys in the
	1302	+	23 Health Facility Plan Review Fund shall be used to reduce the
	1303	+	24 amount of General Revenue Fund moneys appropriated to the
	1304	+	25 Department for facility plan reviews conducted pursuant to
	1305	+	26 this Section.
	1306	+
	1307	+
	1308	+
	1309	+
	1310	+
	1311	+	HB0559 Enrolled - 37 - LRB103 04144 BMS 49150 b
	1312	+
	1313	+
	1314	+	HB0559 Enrolled- 38 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 38 - LRB103 04144 BMS 49150 b
	1315	+	HB0559 Enrolled - 38 - LRB103 04144 BMS 49150 b
	1316	+	1 (f) (Blank).
	1317	+	2 (g) The Department shall conduct an on site inspection of
	1318	+	3 the completed project no later than 30 days after notification
	1319	+	4 from the applicant that the project has been completed and all
	1320	+	5 certifications required by the Department have been received
	1321	+	6 and accepted by the Department, except that, during a
	1322	+	7 statewide public health emergency, as defined in the Illinois
	1323	+	8 Emergency Management Agency Act, the Department shall conduct
	1324	+	9 an on-site inspection to the extent feasible. The Department
	1325	+	10 shall provide written approval for occupancy to the applicant
	1326	+	11 within 5 working days of the Department's final inspection,
	1327	+	12 provided the applicant has demonstrated substantial compliance
	1328	+	13 as defined by Department rule. Occupancy of new major
	1329	+	14 construction is prohibited until Department approval is
	1330	+	15 received, unless the Department has not acted within the time
	1331	+	16 frames provided in this subsection (g), in which case the
	1332	+	17 construction shall be deemed approved. Occupancy shall be
	1333	+	18 authorized after any required health inspection by the
	1334	+	19 Department has been conducted.
	1335	+	20 (h) The Department shall establish, by rule, a procedure
	1336	+	21 to conduct interim on site review of large or complex
	1337	+	22 construction projects.
	1338	+	23 (i) The Department shall establish, by rule, an expedited
	1339	+	24 process for emergency repairs or replacement of like
	1340	+	25 equipment.
	1341	+	26 (j) Nothing in this Section shall be construed to apply to
	1342	+
	1343	+
	1344	+
	1345	+
	1346	+
	1347	+	HB0559 Enrolled - 38 - LRB103 04144 BMS 49150 b
	1348	+
	1349	+
	1350	+	HB0559 Enrolled- 39 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 39 - LRB103 04144 BMS 49150 b
	1351	+	HB0559 Enrolled - 39 - LRB103 04144 BMS 49150 b
	1352	+	1 maintenance, upkeep, or renovation that does not affect the
	1353	+	2 structural integrity of the building, does not add beds or
	1354	+	3 services over the number for which the facility is licensed,
	1355	+	4 and provides a reasonable degree of safety for the residents.
	1356	+	5 (Source: P.A. 99-180, eff. 7-29-15.)
	1357	+	6 (210 ILCS 46/3-702)
	1358	+	7 Sec. 3-702. Request for investigation of violation.
	1359	+	8 (a) A person who believes that this Act or a rule
	1360	+	9 promulgated under this Act may have been violated may request
	1361	+	10 an investigation. The request may be submitted to the
	1362	+	11 Department in writing, by telephone, by electronic means, or
	1363	+	12 by personal visit. An oral complaint shall be reduced to
	1364	+	13 writing by the Department. The Department shall make
	1365	+	14 available, through its website and upon request, information
	1366	+	15 regarding the oral and phone intake processes and the list of
	1367	+	16 questions that will be asked of the complainant. The
	1368	+	17 Department shall request information identifying the
	1369	+	18 complainant, including the name, address and telephone number,
	1370	+	19 to help enable appropriate follow up. The Department shall act
	1371	+	20 on such complaints via on-site visits or other methods deemed
	1372	+	21 appropriate to handle the complaints with or without such
	1373	+	22 identifying information, as otherwise provided under this
	1374	+	23 Section. The complainant shall be informed that compliance
	1375	+	24 with such request is not required to satisfy the procedures
	1376	+	25 for filing a complaint under this Act. The Department must
	1377	+
	1378	+
	1379	+
	1380	+
	1381	+
	1382	+	HB0559 Enrolled - 39 - LRB103 04144 BMS 49150 b
	1383	+
	1384	+
	1385	+	HB0559 Enrolled- 40 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 40 - LRB103 04144 BMS 49150 b
	1386	+	HB0559 Enrolled - 40 - LRB103 04144 BMS 49150 b
	1387	+	1 notify complainants that complaints with less information
	1388	+	2 provided are far more difficult to respond to and investigate.
	1389	+	3 (b) The substance of the complaint shall be provided in
	1390	+	4 writing to the licensee, owner or administrator no earlier
	1391	+	5 than at the commencement of an on-site inspection of the
	1392	+	6 facility which takes place pursuant to the complaint.
	1393	+	7 (c) The Department shall not disclose the name of the
	1394	+	8 complainant unless the complainant consents in writing to the
	1395	+	9 disclosure or the investigation results in a judicial
	1396	+	10 proceeding, or unless disclosure is essential to the
	1397	+	11 investigation. The complainant shall be given the opportunity
	1398	+	12 to withdraw the complaint before disclosure. Upon the request
	1399	+	13 of the complainant, the Department may permit the complainant
	1400	+	14 or a representative of the complainant to accompany the person
	1401	+	15 making the on-site inspection of the facility.
	1402	+	16 (d) Upon receipt of a complaint, the Department shall
	1403	+	17 determine whether this Act or a rule promulgated under this
	1404	+	18 Act has been or is being violated. The Department shall
	1405	+	19 investigate all complaints alleging abuse or neglect within 7
	1406	+	20 days after the receipt of the complaint except that complaints
	1407	+	21 of abuse or neglect which indicate that a resident's life or
	1408	+	22 safety is in imminent danger shall be investigated within 24
	1409	+	23 hours after receipt of the complaint. All other complaints
	1410	+	24 shall be investigated within 30 days after the receipt of the
	1411	+	25 complaint, except that, during a statewide public health
	1412	+	26 emergency, as defined in the Illinois Emergency Management
	1413	+
	1414	+
	1415	+
	1416	+
	1417	+
	1418	+	HB0559 Enrolled - 40 - LRB103 04144 BMS 49150 b
	1419	+
	1420	+
	1421	+	HB0559 Enrolled- 41 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 41 - LRB103 04144 BMS 49150 b
	1422	+	HB0559 Enrolled - 41 - LRB103 04144 BMS 49150 b
	1423	+	1 Agency Act, all other complaints shall be investigated within
	1424	+	2 an appropriate time frame to the extent feasible. The
	1425	+	3 Department employees investigating a complaint shall conduct a
	1426	+	4 brief, informal exit conference with the facility to alert its
	1427	+	5 administration of any suspected serious deficiency that poses
	1428	+	6 a direct threat to the health, safety or welfare of a resident
	1429	+	7 to enable an immediate correction for the alleviation or
	1430	+	8 elimination of such threat. Such information and findings
	1431	+	9 discussed in the brief exit conference shall become a part of
	1432	+	10 the investigating record but shall not in any way constitute
	1433	+	11 an official or final notice of violation as provided under
	1434	+	12 Section 3-301. All complaints shall be classified as "an
	1435	+	13 invalid report", "a valid report", or "an undetermined
	1436	+	14 report". For any complaint classified as "a valid report", the
	1437	+	15 Department must determine within 30 working days if any rule
	1438	+	16 or provision of this Act has been or is being violated.
	1439	+	17 (d-1) The Department shall, whenever possible, combine an
	1440	+	18 on site investigation of a complaint in a facility with other
	1441	+	19 inspections in order to avoid duplication of inspections.
	1442	+	20 (e) In all cases, the Department shall inform the
	1443	+	21 complainant of its findings within 10 days of its
	1444	+	22 determination unless otherwise indicated by the complainant,
	1445	+	23 and the complainant may direct the Department to send a copy of
	1446	+	24 such findings to another person. The Department's findings may
	1447	+	25 include comments or documentation provided by either the
	1448	+	26 complainant or the licensee pertaining to the complaint. The
	1449	+
	1450	+
	1451	+
	1452	+
	1453	+
	1454	+	HB0559 Enrolled - 41 - LRB103 04144 BMS 49150 b
	1455	+
	1456	+
	1457	+	HB0559 Enrolled- 42 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 42 - LRB103 04144 BMS 49150 b
	1458	+	HB0559 Enrolled - 42 - LRB103 04144 BMS 49150 b
	1459	+	1 Department shall also notify the facility of such findings
	1460	+	2 within 10 days of the determination, but the name of the
	1461	+	3 complainant or residents shall not be disclosed in this notice
	1462	+	4 to the facility. The notice of such findings shall include a
	1463	+	5 copy of the written determination; the correction order, if
	1464	+	6 any; the warning notice, if any; the inspection report; or the
	1465	+	7 State licensure form on which the violation is listed.
	1466	+	8 (f) A written determination, correction order, or warning
	1467	+	9 notice concerning a complaint, together with the facility's
	1468	+	10 response, shall be available for public inspection, but the
	1469	+	11 name of the complainant or resident shall not be disclosed
	1470	+	12 without his or her consent.
	1471	+	13 (g) A complainant who is dissatisfied with the
	1472	+	14 determination or investigation by the Department may request a
	1473	+	15 hearing under Section 3-703. The facility shall be given
	1474	+	16 notice of any such hearing and may participate in the hearing
	1475	+	17 as a party. If a facility requests a hearing under Section
	1476	+	18 3-703 which concerns a matter covered by a complaint, the
	1477	+	19 complainant shall be given notice and may participate in the
	1478	+	20 hearing as a party. A request for a hearing by either a
	1479	+	21 complainant or a facility shall be submitted in writing to the
	1480	+	22 Department within 30 days after the mailing of the
	1481	+	23 Department's findings as described in subsection (e) of this
	1482	+	24 Section. Upon receipt of the request the Department shall
	1483	+	25 conduct a hearing as provided under Section 3-703.
	1484	+	26 (g-5) The Department shall conduct an annual review and
	1485	+
	1486	+
	1487	+
	1488	+
	1489	+
	1490	+	HB0559 Enrolled - 42 - LRB103 04144 BMS 49150 b
	1491	+
	1492	+
	1493	+	HB0559 Enrolled- 43 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 43 - LRB103 04144 BMS 49150 b
	1494	+	HB0559 Enrolled - 43 - LRB103 04144 BMS 49150 b
	1495	+	1 make a report concerning the complaint process that includes
	1496	+	2 the number of complaints received, the breakdown of anonymous
	1497	+	3 and non-anonymous complaints and whether the complaints were
	1498	+	4 substantiated or not, the total number of substantiated
	1499	+	5 complaints, and any other complaint information requested by
	1500	+	6 the DD Facility Advisory Board. This report shall be provided
	1501	+	7 to the DD Facility Advisory Board. The DD Facility Advisory
	1502	+	8 Board shall review the report and suggest any changes deemed
	1503	+	9 necessary to the Department for review and action, including
	1504	+	10 how to investigate and substantiate anonymous complaints.
	1505	+	11 (h) Any person who knowingly transmits a false report to
	1506	+	12 the Department commits the offense of disorderly conduct under
	1507	+	13 subsection (a)(8) of Section 26-1 of the Criminal Code of
	1508	+	14 2012.
	1509	+	15 (Source: P.A. 99-180, eff. 7-29-15.)
	1510	+	16 Section 25. The ID/DD Community Care Act is amended by
	1511	+	17 changing Sections 3-116, 3-206, and 3-702 as follows:
	1512	+	18 (210 ILCS 47/3-116)
	1513	+	19 Sec. 3-116. Probationary license. If the applicant has not
	1514	+	20 been previously licensed or if the facility is not in
	1515	+	21 operation at the time application is made, the Department
	1516	+	22 shall issue only a probationary license. A probationary
	1517	+	23 license shall be valid for 120 days unless sooner suspended or
	1518	+	24 revoked under Section 3-119. Within 30 days prior to the
	1519	+
	1520	+
	1521	+
	1522	+
	1523	+
	1524	+	HB0559 Enrolled - 43 - LRB103 04144 BMS 49150 b
	1525	+
	1526	+
	1527	+	HB0559 Enrolled- 44 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 44 - LRB103 04144 BMS 49150 b
	1528	+	HB0559 Enrolled - 44 - LRB103 04144 BMS 49150 b
	1529	+	1 termination of a probationary license, the Department shall
	1530	+	2 fully and completely inspect the facility and, if the facility
	1531	+	3 meets the applicable requirements for licensure, shall issue a
	1532	+	4 license under Section 3-109 except that, during a statewide
	1533	+	5 public health emergency, as defined in the Illinois Emergency
	1534	+	6 Management Agency Act, the Department shall inspect facilities
	1535	+	7 within an appropriate time frame to the extent feasible. If
	1536	+	8 the Department finds that the facility does not meet the
	1537	+	9 requirements for licensure but has made substantial progress
	1538	+	10 toward meeting those requirements, the license may be renewed
	1539	+	11 once for a period not to exceed 120 days from the expiration
	1540	+	12 date of the initial probationary license.
	1541	+	13 (Source: P.A. 96-339, eff. 7-1-10.)
	1542	+	14 (210 ILCS 47/3-206)
	1543	+	15 Sec. 3-206. Curriculum for training nursing assistants and
	1544	+	16 aides. The Department shall prescribe a curriculum for
	1545	+	17 training nursing assistants, habilitation aides, and child
	1546	+	18 care aides.
	1547	+	19 (a) No person, except a volunteer who receives no
	1548	+	20 compensation from a facility and is not included for the
	1549	+	21 purpose of meeting any staffing requirements set forth by the
	1550	+	22 Department, shall act as a nursing assistant, habilitation
	1551	+	23 aide, or child care aide in a facility, nor shall any person,
	1552	+	24 under any other title, not licensed, certified, or registered
	1553	+	25 to render medical care by the Department of Financial and
	1554	+
	1555	+
	1556	+
	1557	+
	1558	+
	1559	+	HB0559 Enrolled - 44 - LRB103 04144 BMS 49150 b
	1560	+
	1561	+
	1562	+	HB0559 Enrolled- 45 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 45 - LRB103 04144 BMS 49150 b
	1563	+	HB0559 Enrolled - 45 - LRB103 04144 BMS 49150 b
	1564	+	1 Professional Regulation, assist with the personal, medical, or
	1565	+	2 nursing care of residents in a facility, unless such person
	1566	+	3 meets the following requirements:
	1567	+	4 (1) Be at least 16 years of age, of temperate habits
	1568	+	5 and good moral character, honest, reliable and
	1569	+	6 trustworthy.
	1570	+	7 (2) Be able to speak and understand the English
	1571	+	8 language or a language understood by a substantial
	1572	+	9 percentage of the facility's residents.
	1573	+	10 (3) Provide evidence of employment or occupation, if
	1574	+	11 any, and residence for 2 years prior to his or her present
	1575	+	12 employment.
	1576	+	13 (4) Have completed at least 8 years of grade school or
	1577	+	14 provide proof of equivalent knowledge.
	1578	+	15 (5) Begin a current course of training for nursing
	1579	+	16 assistants, habilitation aides, or child care aides,
	1580	+	17 approved by the Department, within 45 days of initial
	1581	+	18 employment in the capacity of a nursing assistant,
	1582	+	19 habilitation aide, or child care aide at any facility.
	1583	+	20 Such courses of training shall be successfully completed
	1584	+	21 within 120 days of initial employment in the capacity of
	1585	+	22 nursing assistant, habilitation aide, or child care aide
	1586	+	23 at a facility, except that, during a statewide public
	1587	+	24 health emergency, as defined in the Illinois Emergency
	1588	+	25 Management Agency Act, training shall be completed to the
	1589	+	26 extent feasible. Nursing assistants, habilitation aides,
	1590	+
	1591	+
	1592	+
	1593	+
	1594	+
	1595	+	HB0559 Enrolled - 45 - LRB103 04144 BMS 49150 b
	1596	+
	1597	+
	1598	+	HB0559 Enrolled- 46 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 46 - LRB103 04144 BMS 49150 b
	1599	+	HB0559 Enrolled - 46 - LRB103 04144 BMS 49150 b
	1600	+	1 and child care aides who are enrolled in approved courses
	1601	+	2 in community colleges or other educational institutions on
	1602	+	3 a term, semester or trimester basis, shall be exempt from
	1603	+	4 the 120-day completion time limit. The Department shall
	1604	+	5 adopt rules for such courses of training. These rules
	1605	+	6 shall include procedures for facilities to carry on an
	1606	+	7 approved course of training within the facility.
	1607	+	8 The Department may accept comparable training in lieu
	1608	+	9 of the 120-hour course for student nurses, foreign nurses,
	1609	+	10 military personnel, or employees of the Department of
	1610	+	11 Human Services.
	1611	+	12 The facility shall develop and implement procedures,
	1612	+	13 which shall be approved by the Department, for an ongoing
	1613	+	14 review process, which shall take place within the
	1614	+	15 facility, for nursing assistants, habilitation aides, and
	1615	+	16 child care aides.
	1616	+	17 At the time of each regularly scheduled licensure
	1617	+	18 survey, or at the time of a complaint investigation, the
	1618	+	19 Department may require any nursing assistant, habilitation
	1619	+	20 aide, or child care aide to demonstrate, either through
	1620	+	21 written examination or action, or both, sufficient
	1621	+	22 knowledge in all areas of required training. If such
	1622	+	23 knowledge is inadequate the Department shall require the
	1623	+	24 nursing assistant, habilitation aide, or child care aide
	1624	+	25 to complete inservice training and review in the facility
	1625	+	26 until the nursing assistant, habilitation aide, or child
	1626	+
	1627	+
	1628	+
	1629	+
	1630	+
	1631	+	HB0559 Enrolled - 46 - LRB103 04144 BMS 49150 b
	1632	+
	1633	+
	1634	+	HB0559 Enrolled- 47 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 47 - LRB103 04144 BMS 49150 b
	1635	+	HB0559 Enrolled - 47 - LRB103 04144 BMS 49150 b
	1636	+	1 care aide demonstrates to the Department, either through
	1637	+	2 written examination or action, or both, sufficient
	1638	+	3 knowledge in all areas of required training; and
	1639	+	4 (6) Be familiar with and have general skills related
	1640	+	5 to resident care.
	1641	+	6 (a-0.5) An educational entity, other than a secondary
	1642	+	7 school, conducting a nursing assistant, habilitation aide, or
	1643	+	8 child care aide training program shall initiate a criminal
	1644	+	9 history record check in accordance with the Health Care Worker
	1645	+	10 Background Check Act prior to entry of an individual into the
	1646	+	11 training program. A secondary school may initiate a criminal
	1647	+	12 history record check in accordance with the Health Care Worker
	1648	+	13 Background Check Act at any time during or after a training
	1649	+	14 program.
	1650	+	15 (a-1) Nursing assistants, habilitation aides, or child
	1651	+	16 care aides seeking to be included on the Health Care Worker
	1652	+	17 Registry under the Health Care Worker Background Check Act
	1653	+	18 must authorize the Department of Public Health or its designee
	1654	+	19 to request a criminal history record check in accordance with
	1655	+	20 the Health Care Worker Background Check Act and submit all
	1656	+	21 necessary information. An individual may not newly be included
	1657	+	22 on the Health Care Worker Registry unless a criminal history
	1658	+	23 record check has been conducted with respect to the
	1659	+	24 individual.
	1660	+	25 (b) Persons subject to this Section shall perform their
	1661	+	26 duties under the supervision of a licensed nurse or other
	1662	+
	1663	+
	1664	+
	1665	+
	1666	+
	1667	+	HB0559 Enrolled - 47 - LRB103 04144 BMS 49150 b
	1668	+
	1669	+
	1670	+	HB0559 Enrolled- 48 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 48 - LRB103 04144 BMS 49150 b
	1671	+	HB0559 Enrolled - 48 - LRB103 04144 BMS 49150 b
	1672	+	1 appropriately trained, licensed, or certified personnel.
	1673	+	2 (c) It is unlawful for any facility to employ any person in
	1674	+	3 the capacity of nursing assistant, habilitation aide, or child
	1675	+	4 care aide, or under any other title, not licensed by the State
	1676	+	5 of Illinois to assist in the personal, medical, or nursing
	1677	+	6 care of residents in such facility unless such person has
	1678	+	7 complied with this Section.
	1679	+	8 (d) Proof of compliance by each employee with the
	1680	+	9 requirements set out in this Section shall be maintained for
	1681	+	10 each such employee by each facility in the individual
	1682	+	11 personnel folder of the employee. Proof of training shall be
	1683	+	12 obtained only from the Health Care Worker Registry.
	1684	+	13 (e) Each facility shall obtain access to the Health Care
	1685	+	14 Worker Registry's web application, maintain the employment and
	1686	+	15 demographic information relating to each employee, and verify
	1687	+	16 by the category and type of employment that each employee
	1688	+	17 subject to this Section meets all the requirements of this
	1689	+	18 Section.
	1690	+	19 (f) Any facility that is operated under Section 3-803
	1691	+	20 shall be exempt from the requirements of this Section.
	1692	+	21 (g) Each skilled nursing and intermediate care facility
	1693	+	22 that admits persons who are diagnosed as having Alzheimer's
	1694	+	23 disease or related dementias shall require all nursing
	1695	+	24 assistants, habilitation aides, or child care aides, who did
	1696	+	25 not receive 12 hours of training in the care and treatment of
	1697	+	26 such residents during the training required under paragraph
	1698	+
	1699	+
	1700	+
	1701	+
	1702	+
	1703	+	HB0559 Enrolled - 48 - LRB103 04144 BMS 49150 b
	1704	+
	1705	+
	1706	+	HB0559 Enrolled- 49 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 49 - LRB103 04144 BMS 49150 b
	1707	+	HB0559 Enrolled - 49 - LRB103 04144 BMS 49150 b
	1708	+	1 (5) of subsection (a), to obtain 12 hours of in house training
	1709	+	2 in the care and treatment of such residents. If the facility
	1710	+	3 does not provide the training in house, the training shall be
	1711	+	4 obtained from other facilities, community colleges or other
	1712	+	5 educational institutions that have a recognized course for
	1713	+	6 such training. The Department shall, by rule, establish a
	1714	+	7 recognized course for such training.
	1715	+	8 The Department's rules shall provide that such training
	1716	+	9 may be conducted in house at each facility subject to the
	1717	+	10 requirements of this subsection, in which case such training
	1718	+	11 shall be monitored by the Department. The Department's rules
	1719	+	12 shall also provide for circumstances and procedures whereby
	1720	+	13 any person who has received training that meets the
	1721	+	14 requirements of this subsection shall not be required to
	1722	+	15 undergo additional training if he or she is transferred to or
	1723	+	16 obtains employment at a different facility or a facility other
	1724	+	17 than those licensed under this Act but remains continuously
	1725	+	18 employed as a nursing assistant, habilitation aide, or child
	1726	+	19 care aide. Individuals who have performed no nursing,
	1727	+	20 nursing-related services, or habilitation services for a
	1728	+	21 period of 24 consecutive months shall be listed as inactive
	1729	+	22 and as such do not meet the requirements of this Section.
	1730	+	23 Licensed sheltered care facilities shall be exempt from the
	1731	+	24 requirements of this Section.
	1732	+	25 (Source: P.A. 100-432, eff. 8-25-17.)
	1733	+
	1734	+
	1735	+
	1736	+
	1737	+
	1738	+	HB0559 Enrolled - 49 - LRB103 04144 BMS 49150 b
	1739	+
	1740	+
	1741	+	HB0559 Enrolled- 50 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 50 - LRB103 04144 BMS 49150 b
	1742	+	HB0559 Enrolled - 50 - LRB103 04144 BMS 49150 b
	1743	+	1 (210 ILCS 47/3-702)
	1744	+	2 Sec. 3-702. Request for investigation of violation.
	1745	+	3 (a) A person who believes that this Act or a rule
	1746	+	4 promulgated under this Act may have been violated may request
	1747	+	5 an investigation. The request may be submitted to the
	1748	+	6 Department in writing, by telephone, by electronic means, or
	1749	+	7 by personal visit. An oral complaint shall be reduced to
	1750	+	8 writing by the Department. The Department shall make
	1751	+	9 available, through its website and upon request, information
	1752	+	10 regarding the oral and phone intake processes and the list of
	1753	+	11 questions that will be asked of the complainant. The
	1754	+	12 Department shall request information identifying the
	1755	+	13 complainant, including the name, address and telephone number,
	1756	+	14 to help enable appropriate follow up. The Department shall act
	1757	+	15 on such complaints via on-site visits or other methods deemed
	1758	+	16 appropriate to handle the complaints with or without such
	1759	+	17 identifying information, as otherwise provided under this
	1760	+	18 Section. The complainant shall be informed that compliance
	1761	+	19 with such request is not required to satisfy the procedures
	1762	+	20 for filing a complaint under this Act. The Department must
	1763	+	21 notify complainants that complaints with less information
	1764	+	22 provided are far more difficult to respond to and investigate.
	1765	+	23 (b) The substance of the complaint shall be provided in
	1766	+	24 writing to the licensee, owner or administrator no earlier
	1767	+	25 than at the commencement of an on-site inspection of the
	1768	+	26 facility which takes place pursuant to the complaint.
	1769	+
	1770	+
	1771	+
	1772	+
	1773	+
	1774	+	HB0559 Enrolled - 50 - LRB103 04144 BMS 49150 b
	1775	+
	1776	+
	1777	+	HB0559 Enrolled- 51 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 51 - LRB103 04144 BMS 49150 b
	1778	+	HB0559 Enrolled - 51 - LRB103 04144 BMS 49150 b
	1779	+	1 (c) The Department shall not disclose the name of the
	1780	+	2 complainant unless the complainant consents in writing to the
	1781	+	3 disclosure or the investigation results in a judicial
	1782	+	4 proceeding, or unless disclosure is essential to the
	1783	+	5 investigation. The complainant shall be given the opportunity
	1784	+	6 to withdraw the complaint before disclosure. Upon the request
	1785	+	7 of the complainant, the Department may permit the complainant
	1786	+	8 or a representative of the complainant to accompany the person
	1787	+	9 making the on-site inspection of the facility.
	1788	+	10 (d) Upon receipt of a complaint, the Department shall
	1789	+	11 determine whether this Act or a rule promulgated under this
	1790	+	12 Act has been or is being violated. The Department shall
	1791	+	13 investigate all complaints alleging abuse or neglect within 7
	1792	+	14 days after the receipt of the complaint except that complaints
	1793	+	15 of abuse or neglect which indicate that a resident's life or
	1794	+	16 safety is in imminent danger shall be investigated within 24
	1795	+	17 hours after receipt of the complaint. All other complaints
	1796	+	18 shall be investigated within 30 days after the receipt of the
	1797	+	19 complaint, except that, during a statewide public health
	1798	+	20 emergency, as defined in the Illinois Emergency Management
	1799	+	21 Agency Act, all other complaints shall be investigated within
	1800	+	22 an appropriate time frame to the extent feasible. The
	1801	+	23 Department employees investigating a complaint shall conduct a
	1802	+	24 brief, informal exit conference with the facility to alert its
	1803	+	25 administration of any suspected serious deficiency that poses
	1804	+	26 a direct threat to the health, safety or welfare of a resident
	1805	+
	1806	+
	1807	+
	1808	+
	1809	+
	1810	+	HB0559 Enrolled - 51 - LRB103 04144 BMS 49150 b
	1811	+
	1812	+
	1813	+	HB0559 Enrolled- 52 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 52 - LRB103 04144 BMS 49150 b
	1814	+	HB0559 Enrolled - 52 - LRB103 04144 BMS 49150 b
	1815	+	1 to enable an immediate correction for the alleviation or
	1816	+	2 elimination of such threat. Such information and findings
	1817	+	3 discussed in the brief exit conference shall become a part of
	1818	+	4 the investigating record but shall not in any way constitute
	1819	+	5 an official or final notice of violation as provided under
	1820	+	6 Section 3-301. All complaints shall be classified as "an
	1821	+	7 invalid report", "a valid report", or "an undetermined
	1822	+	8 report". For any complaint classified as "a valid report", the
	1823	+	9 Department must determine within 30 working days if any rule
	1824	+	10 or provision of this Act has been or is being violated.
	1825	+	11 (d-1) The Department shall, whenever possible, combine an
	1826	+	12 on site investigation of a complaint in a facility with other
	1827	+	13 inspections in order to avoid duplication of inspections.
	1828	+	14 (e) In all cases, the Department shall inform the
	1829	+	15 complainant of its findings within 10 days of its
	1830	+	16 determination unless otherwise indicated by the complainant,
	1831	+	17 and the complainant may direct the Department to send a copy of
	1832	+	18 such findings to another person. The Department's findings may
	1833	+	19 include comments or documentation provided by either the
	1834	+	20 complainant or the licensee pertaining to the complaint. The
	1835	+	21 Department shall also notify the facility of such findings
	1836	+	22 within 10 days of the determination, but the name of the
	1837	+	23 complainant or residents shall not be disclosed in this notice
	1838	+	24 to the facility. The notice of such findings shall include a
	1839	+	25 copy of the written determination; the correction order, if
	1840	+	26 any; the warning notice, if any; the inspection report; or the
	1841	+
	1842	+
	1843	+
	1844	+
	1845	+
	1846	+	HB0559 Enrolled - 52 - LRB103 04144 BMS 49150 b
	1847	+
	1848	+
	1849	+	HB0559 Enrolled- 53 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 53 - LRB103 04144 BMS 49150 b
	1850	+	HB0559 Enrolled - 53 - LRB103 04144 BMS 49150 b
	1851	+	1 State licensure form on which the violation is listed.
	1852	+	2 (f) A written determination, correction order, or warning
	1853	+	3 notice concerning a complaint, together with the facility's
	1854	+	4 response, shall be available for public inspection, but the
	1855	+	5 name of the complainant or resident shall not be disclosed
	1856	+	6 without his or her consent.
	1857	+	7 (g) A complainant who is dissatisfied with the
	1858	+	8 determination or investigation by the Department may request a
	1859	+	9 hearing under Section 3-703. The facility shall be given
	1860	+	10 notice of any such hearing and may participate in the hearing
	1861	+	11 as a party. If a facility requests a hearing under Section
	1862	+	12 3-703 which concerns a matter covered by a complaint, the
	1863	+	13 complainant shall be given notice and may participate in the
	1864	+	14 hearing as a party. A request for a hearing by either a
	1865	+	15 complainant or a facility shall be submitted in writing to the
	1866	+	16 Department within 30 days after the mailing of the
	1867	+	17 Department's findings as described in subsection (e) of this
	1868	+	18 Section. Upon receipt of the request the Department shall
	1869	+	19 conduct a hearing as provided under Section 3-703.
	1870	+	20 (g-5) The Department shall conduct an annual review and
	1871	+	21 make a report concerning the complaint process that includes
	1872	+	22 the number of complaints received, the breakdown of anonymous
	1873	+	23 and non-anonymous complaints and whether the complaints were
	1874	+	24 substantiated or not, the total number of substantiated
	1875	+	25 complaints, and any other complaint information requested by
	1876	+	26 the DD Facility Advisory Board. This report shall be provided
	1877	+
	1878	+
	1879	+
	1880	+
	1881	+
	1882	+	HB0559 Enrolled - 53 - LRB103 04144 BMS 49150 b
	1883	+
	1884	+
	1885	+	HB0559 Enrolled- 54 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 54 - LRB103 04144 BMS 49150 b
	1886	+	HB0559 Enrolled - 54 - LRB103 04144 BMS 49150 b
	1887	+	1 to the DD Facility Advisory Board. The DD Facility Advisory
	1888	+	2 Board shall review the report and suggest any changes deemed
	1889	+	3 necessary to the Department for review and action, including
	1890	+	4 how to investigate and substantiate anonymous complaints.
	1891	+	5 (h) Any person who knowingly transmits a false report to
	1892	+	6 the Department commits the offense of disorderly conduct under
	1893	+	7 subsection (a)(8) of Section 26-1 of the Criminal Code of
	1894	+	8 2012.
	1895	+	9 (Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14.)
	1896	+	10 Section 30. The Specialized Mental Health Rehabilitation
	1897	+	11 Act of 2013 is amended by changing Section 4-105 as follows:
	1898	+	12 (210 ILCS 49/4-105)
	1899	+	13 Sec. 4-105. Provisional licensure duration. A provisional
	1900	+	14 license shall be valid upon fulfilling the requirements
	1901	+	15 established by the Department by emergency rule. The license
	1902	+	16 shall remain valid as long as a facility remains in compliance
	1903	+	17 with the licensure provisions established in rule. Provisional
	1904	+	18 licenses issued upon initial licensure as a specialized mental
	1905	+	19 health rehabilitation facility shall expire at the end of a
	1906	+	20 3-year period, which commences on the date the provisional
	1907	+	21 license is issued. Issuance of a provisional license for any
	1908	+	22 reason other than initial licensure (including, but not
	1909	+	23 limited to, change of ownership, location, number of beds, or
	1910	+	24 services) shall not extend the maximum 3-year period, at the
	1911	+
	1912	+
	1913	+
	1914	+
	1915	+
	1916	+	HB0559 Enrolled - 54 - LRB103 04144 BMS 49150 b
	1917	+
	1918	+
	1919	+	HB0559 Enrolled- 55 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 55 - LRB103 04144 BMS 49150 b
	1920	+	HB0559 Enrolled - 55 - LRB103 04144 BMS 49150 b
	1921	+	1 end of which a facility must be licensed pursuant to Section
	1922	+	2 4-201. An extension for 120 days may be granted if requested
	1923	+	3 and approved by the Department. Notwithstanding any other
	1924	+	4 provision of this Act or the Specialized Mental Health
	1925	+	5 Rehabilitation Facilities Code, 77 Ill. Adm. Admin. Code 380,
	1926	+	6 to the contrary, if a facility has received notice from the
	1927	+	7 Department that its application for provisional licensure to
	1928	+	8 provide recovery and rehabilitation services has been accepted
	1929	+	9 as complete and the facility has attested in writing to the
	1930	+	10 Department that it will comply with the staff training plan
	1931	+	11 approved by the Division of Mental Health, then a provisional
	1932	+	12 license for recovery and rehabilitation services shall be
	1933	+	13 issued to the facility within 60 days after the Department
	1934	+	14 determines that the facility is in compliance with the
	1935	+	15 requirements of the Life Safety Code in accordance with
	1936	+	16 Section 4-104.5 of this Act.
	1937	+	17 (Source: P.A. 99-712, eff. 8-5-16; 100-365, eff. 8-25-17;
	1938	+	18 revised 2-28-22.)
	1939	+	19 Section 35. The Illinois Insurance Code is amended by
	1940	+	20 adding Section 356z.61 as follows:
	1941	+	21 (215 ILCS 5/356z.61 new)
	1942	+	22 Sec. 356z.61. Coverage of pharmacy testing, screening,
	1943	+	23 vaccinations, and treatment.
	1944	+	24 A group or individual policy of accident and health
	1945	+
	1946	+
	1947	+
	1948	+
	1949	+
	1950	+	HB0559 Enrolled - 55 - LRB103 04144 BMS 49150 b
	1951	+
	1952	+
	1953	+	HB0559 Enrolled- 56 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 56 - LRB103 04144 BMS 49150 b
	1954	+	HB0559 Enrolled - 56 - LRB103 04144 BMS 49150 b
	1955	+	1 insurance or a managed care plan that is amended, delivered,
	1956	+	2 issued, or renewed on or after January 1, 2025 shall provide
	1957	+	3 coverage for health care or patient care services provided by
	1958	+	4 a pharmacist if:
	1959	+	5 (1) the pharmacist meets the requirements and scope of
	1960	+	6 practice described in paragraph (15), (16), or (17) of
	1961	+	7 subsection (d) of Section 3 of the Pharmacy Practice Act;
	1962	+	8 (2) the health plan provides coverage for the same
	1963	+	9 service provided by a licensed physician, an advanced
	1964	+	10 practice registered nurse, or a physician assistant;
	1965	+	11 (3) the pharmacist is included in the health benefit
	1966	+	12 plan's network of participating providers; and
	1967	+	13 (4) reimbursement has been successfully negotiated in
	1968	+	14 good faith between the pharmacist and the health plan.
	1969	+	15 Section 45. The Medical Practice Act of 1987 is amended by
	1970	+	16 changing Sections 2 and 54.2 as follows:
	1971	+	17 (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
	1972	+	18 (Section scheduled to be repealed on January 1, 2027)
	1973	+	19 Sec. 2. Definitions. For purposes of this Act, the
	1974	+	20 following definitions shall have the following meanings,
	1975	+	21 except where the context requires otherwise:
	1976	+	22 "Act" means the Medical Practice Act of 1987.
	1977	+	23 "Address of record" means the designated address recorded
	1978	+	24 by the Department in the applicant's or licensee's application
	1979	+
	1980	+
	1981	+
	1982	+
	1983	+
	1984	+	HB0559 Enrolled - 56 - LRB103 04144 BMS 49150 b
	1985	+
	1986	+
	1987	+	HB0559 Enrolled- 57 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 57 - LRB103 04144 BMS 49150 b
	1988	+	HB0559 Enrolled - 57 - LRB103 04144 BMS 49150 b
	1989	+	1 file or license file as maintained by the Department's
	1990	+	2 licensure maintenance unit.
	1991	+	3 "Chiropractic physician" means a person licensed to treat
	1992	+	4 human ailments without the use of drugs and without operative
	1993	+	5 surgery. Nothing in this Act shall be construed to prohibit a
	1994	+	6 chiropractic physician from providing advice regarding the use
	1995	+	7 of non-prescription products or from administering atmospheric
	1996	+	8 oxygen. Nothing in this Act shall be construed to authorize a
	1997	+	9 chiropractic physician to prescribe drugs.
	1998	+	10 "Department" means the Department of Financial and
	1999	+	11 Professional Regulation.
	2000	+	12 "Disciplinary action" means revocation, suspension,
	2001	+	13 probation, supervision, practice modification, reprimand,
	2002	+	14 required education, fines or any other action taken by the
	2003	+	15 Department against a person holding a license.
	2004	+	16 "Email address of record" means the designated email
	2005	+	17 address recorded by the Department in the applicant's
	2006	+	18 application file or the licensee's license file, as maintained
	2007	+	19 by the Department's licensure maintenance unit.
	2008	+	20 "Final determination" means the governing body's final
	2009	+	21 action taken under the procedure followed by a health care
	2010	+	22 institution, or professional association or society, against
	2011	+	23 any person licensed under the Act in accordance with the
	2012	+	24 bylaws or rules and regulations of such health care
	2013	+	25 institution, or professional association or society.
	2014	+	26 "Fund" means the Illinois State Medical Disciplinary Fund.
	2015	+
	2016	+
	2017	+
	2018	+
	2019	+
	2020	+	HB0559 Enrolled - 57 - LRB103 04144 BMS 49150 b
	2021	+
	2022	+
	2023	+	HB0559 Enrolled- 58 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 58 - LRB103 04144 BMS 49150 b
	2024	+	HB0559 Enrolled - 58 - LRB103 04144 BMS 49150 b
	2025	+	1 "Impaired" means the inability to practice medicine with
	2026	+	2 reasonable skill and safety due to physical or mental
	2027	+	3 disabilities as evidenced by a written determination or
	2028	+	4 written consent based on clinical evidence including
	2029	+	5 deterioration through the aging process or loss of motor
	2030	+	6 skill, or abuse of drugs or alcohol, of sufficient degree to
	2031	+	7 diminish a person's ability to deliver competent patient care.
	2032	+	8 "International medical graduate" means a medical graduate
	2033	+	9 (i) who has been trained in a country other than the United
	2034	+	10 States; (ii) whose education has been certified by the
	2035	+	11 Educational Commission for Foreign Medical Graduates; (iii)
	2036	+	12 who has passed Step 1, Step 2 Clinical Knowledge, and Step 3 of
	2037	+	13 the United States Medical Licensing Examination as required by
	2038	+	14 this Act; (iv) who maintains an unencumbered license from
	2039	+	15 another country; and (v) who is not licensed to practice
	2040	+	16 medicine in any state or territory of the United States.
	2041	+	17 "Medical Board" means the Illinois State Medical Board.
	2042	+	18 "Physician" means a person licensed under the Medical
	2043	+	19 Practice Act to practice medicine in all of its branches or a
	2044	+	20 chiropractic physician.
	2045	+	21 "Professional association" means an association or society
	2046	+	22 of persons licensed under this Act, and operating within the
	2047	+	23 State of Illinois, including but not limited to, medical
	2048	+	24 societies, osteopathic organizations, and chiropractic
	2049	+	25 organizations, but this term shall not be deemed to include
	2050	+	26 hospital medical staffs.
	2051	+
	2052	+
	2053	+
	2054	+
	2055	+
	2056	+	HB0559 Enrolled - 58 - LRB103 04144 BMS 49150 b
	2057	+
	2058	+
	2059	+	HB0559 Enrolled- 59 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 59 - LRB103 04144 BMS 49150 b
	2060	+	HB0559 Enrolled - 59 - LRB103 04144 BMS 49150 b
	2061	+	1 "Program of care, counseling, or treatment" means a
	2062	+	2 written schedule of organized treatment, care, counseling,
	2063	+	3 activities, or education, satisfactory to the Medical Board,
	2064	+	4 designed for the purpose of restoring an impaired person to a
	2065	+	5 condition whereby the impaired person can practice medicine
	2066	+	6 with reasonable skill and safety of a sufficient degree to
	2067	+	7 deliver competent patient care.
	2068	+	8 "Reinstate" means to change the status of a license or
	2069	+	9 permit from inactive or nonrenewed status to active status.
	2070	+	10 "Restore" means to remove an encumbrance from a license
	2071	+	11 due to probation, suspension, or revocation.
	2072	+	12 "Secretary" means the Secretary of Financial and
	2073	+	13 Professional Regulation.
	2074	+	14 (Source: P.A. 102-20, eff. 1-1-22; 102-1117, eff. 1-13-23.)
	2075	+	15 (225 ILCS 60/54.2)
	2076	+	16 (Section scheduled to be repealed on January 1, 2027)
	2077	+	17 Sec. 54.2. Physician delegation of authority.
	2078	+	18 (a) Nothing in this Act shall be construed to limit the
	2079	+	19 delegation of patient care tasks or duties by a physician, to a
	2080	+	20 licensed practical nurse, a registered professional nurse, or
	2081	+	21 other licensed person practicing within the scope of his or
	2082	+	22 her individual licensing Act. Delegation by a physician
	2083	+	23 licensed to practice medicine in all its branches to physician
	2084	+	24 assistants or advanced practice registered nurses is also
	2085	+	25 addressed in Section 54.5 of this Act. No physician may
	2086	+
	2087	+
	2088	+
	2089	+
	2090	+
	2091	+	HB0559 Enrolled - 59 - LRB103 04144 BMS 49150 b
	2092	+
	2093	+
	2094	+	HB0559 Enrolled- 60 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 60 - LRB103 04144 BMS 49150 b
	2095	+	HB0559 Enrolled - 60 - LRB103 04144 BMS 49150 b
	2096	+	1 delegate any patient care task or duty that is statutorily or
	2097	+	2 by rule mandated to be performed by a physician.
	2098	+	3 (b) In an office or practice setting and within a
	2099	+	4 physician-patient relationship, a physician may delegate
	2100	+	5 patient care tasks or duties to an unlicensed person who
	2101	+	6 possesses appropriate training and experience provided a
	2102	+	7 health care professional, who is practicing within the scope
	2103	+	8 of such licensed professional's individual licensing Act, is
	2104	+	9 on site to provide assistance.
	2105	+	10 (c) Any such patient care task or duty delegated to a
	2106	+	11 licensed or unlicensed person must be within the scope of
	2107	+	12 practice, education, training, or experience of the delegating
	2108	+	13 physician and within the context of a physician-patient
	2109	+	14 relationship.
	2110	+	15 (d) Nothing in this Section shall be construed to affect
	2111	+	16 referrals for professional services required by law.
	2112	+	17 (e) The Department shall have the authority to promulgate
	2113	+	18 rules concerning a physician's delegation, including but not
	2114	+	19 limited to, the use of light emitting devices for patient care
	2115	+	20 or treatment.
	2116	+	21 (f) Nothing in this Act shall be construed to limit the
	2117	+	22 method of delegation that may be authorized by any means,
	2118	+	23 including, but not limited to, oral, written, electronic,
	2119	+	24 standing orders, protocols, guidelines, or verbal orders.
	2120	+	25 (g) A physician licensed to practice medicine in all of
	2121	+	26 its branches under this Act may delegate any and all authority
	2122	+
	2123	+
	2124	+
	2125	+
	2126	+
	2127	+	HB0559 Enrolled - 60 - LRB103 04144 BMS 49150 b
	2128	+
	2129	+
	2130	+	HB0559 Enrolled- 61 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 61 - LRB103 04144 BMS 49150 b
	2131	+	HB0559 Enrolled - 61 - LRB103 04144 BMS 49150 b
	2132	+	1 prescribed to him or her by law to international medical
	2133	+	2 graduate physicians, so long as the tasks or duties are within
	2134	+	3 the scope of practice, education, training, or experience of
	2135	+	4 the delegating physician who is on site to provide assistance.
	2136	+	5 An international medical graduate working in Illinois pursuant
	2137	+	6 to this subsection is subject to all statutory and regulatory
	2138	+	7 requirements of this Act, as applicable, relating to the
	2139	+	8 standards of care. An international medical graduate physician
	2140	+	9 is limited to providing treatment under the supervision of a
	2141	+	10 physician licensed to practice medicine in all of its
	2142	+	11 branches. The supervising physician or employer must keep
	2143	+	12 record of and make available upon request by the Department
	2144	+	13 the following: (1) evidence of education certified by the
	2145	+	14 Educational Commission for Foreign Medical Graduates; (2)
	2146	+	15 evidence of passage of Step 1, Step 2 Clinical Knowledge, and
	2147	+	16 Step 3 of the United States Medical Licensing Examination as
	2148	+	17 required by this Act; and (3) evidence of an unencumbered
	2149	+	18 license from another country. This subsection does not apply
	2150	+	19 to any international medical graduate whose license as a
	2151	+	20 physician is revoked, suspended, or otherwise encumbered.
	2152	+	21 (Source: P.A. 100-513, eff. 1-1-18.)
	2153	+	22 Section 50. The Pharmacy Practice Act is amended by
	2154	+	23 changing Section 3 and by adding Section 9.6 as follows:
	2155	+	24 (225 ILCS 85/3)
	2156	+
	2157	+
	2158	+
	2159	+
	2160	+
	2161	+	HB0559 Enrolled - 61 - LRB103 04144 BMS 49150 b
	2162	+
	2163	+
	2164	+	HB0559 Enrolled- 62 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 62 - LRB103 04144 BMS 49150 b
	2165	+	HB0559 Enrolled - 62 - LRB103 04144 BMS 49150 b
	2166	+	1 (Section scheduled to be repealed on January 1, 2028)
	2167	+	2 Sec. 3. Definitions. For the purpose of this Act, except
	2168	+	3 where otherwise limited therein:
	2169	+	4 (a) "Pharmacy" or "drugstore" means and includes every
	2170	+	5 store, shop, pharmacy department, or other place where
	2171	+	6 pharmacist care is provided by a pharmacist (1) where drugs,
	2172	+	7 medicines, or poisons are dispensed, sold or offered for sale
	2173	+	8 at retail, or displayed for sale at retail; or (2) where
	2174	+	9 prescriptions of physicians, dentists, advanced practice
	2175	+	10 registered nurses, physician assistants, veterinarians,
	2176	+	11 podiatric physicians, or optometrists, within the limits of
	2177	+	12 their licenses, are compounded, filled, or dispensed; or (3)
	2178	+	13 which has upon it or displayed within it, or affixed to or used
	2179	+	14 in connection with it, a sign bearing the word or words
	2180	+	15 "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
	2181	+	16 "Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
	2182	+	17 "Drugs", "Dispensary", "Medicines", or any word or words of
	2183	+	18 similar or like import, either in the English language or any
	2184	+	19 other language; or (4) where the characteristic prescription
	2185	+	20 sign (Rx) or similar design is exhibited; or (5) any store, or
	2186	+	21 shop, or other place with respect to which any of the above
	2187	+	22 words, objects, signs or designs are used in any
	2188	+	23 advertisement.
	2189	+	24 (b) "Drugs" means and includes (1) articles recognized in
	2190	+	25 the official United States Pharmacopoeia/National Formulary
	2191	+	26 (USP/NF), or any supplement thereto and being intended for and
	2192	+
	2193	+
	2194	+
	2195	+
	2196	+
	2197	+	HB0559 Enrolled - 62 - LRB103 04144 BMS 49150 b
	2198	+
	2199	+
	2200	+	HB0559 Enrolled- 63 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 63 - LRB103 04144 BMS 49150 b
	2201	+	HB0559 Enrolled - 63 - LRB103 04144 BMS 49150 b
	2202	+	1 having for their main use the diagnosis, cure, mitigation,
	2203	+	2 treatment or prevention of disease in man or other animals, as
	2204	+	3 approved by the United States Food and Drug Administration,
	2205	+	4 but does not include devices or their components, parts, or
	2206	+	5 accessories; and (2) all other articles intended for and
	2207	+	6 having for their main use the diagnosis, cure, mitigation,
	2208	+	7 treatment or prevention of disease in man or other animals, as
	2209	+	8 approved by the United States Food and Drug Administration,
	2210	+	9 but does not include devices or their components, parts, or
	2211	+	10 accessories; and (3) articles (other than food) having for
	2212	+	11 their main use and intended to affect the structure or any
	2213	+	12 function of the body of man or other animals; and (4) articles
	2214	+	13 having for their main use and intended for use as a component
	2215	+	14 or any articles specified in clause (1), (2) or (3); but does
	2216	+	15 not include devices or their components, parts or accessories.
	2217	+	16 (c) "Medicines" means and includes all drugs intended for
	2218	+	17 human or veterinary use approved by the United States Food and
	2219	+	18 Drug Administration.
	2220	+	19 (d) "Practice of pharmacy" means:
	2221	+	20 (1) the interpretation and the provision of assistance
	2222	+	21 in the monitoring, evaluation, and implementation of
	2223	+	22 prescription drug orders;
	2224	+	23 (2) the dispensing of prescription drug orders;
	2225	+	24 (3) participation in drug and device selection;
	2226	+	25 (4) drug administration limited to the administration
	2227	+	26 of oral, topical, injectable, and inhalation as follows:
	2228	+
	2229	+
	2230	+
	2231	+
	2232	+
	2233	+	HB0559 Enrolled - 63 - LRB103 04144 BMS 49150 b
	2234	+
	2235	+
	2236	+	HB0559 Enrolled- 64 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 64 - LRB103 04144 BMS 49150 b
	2237	+	HB0559 Enrolled - 64 - LRB103 04144 BMS 49150 b
	2238	+	1 (A) in the context of patient education on the
	2239	+	2 proper use or delivery of medications;
	2240	+	3 (B) vaccination of patients 7 years of age and
	2241	+	4 older pursuant to a valid prescription or standing
	2242	+	5 order, by a physician licensed to practice medicine in
	2243	+	6 all its branches, except for vaccinations covered by
	2244	+	7 paragraph (15), upon completion of appropriate
	2245	+	8 training, including how to address contraindications
	2246	+	9 and adverse reactions set forth by rule, with
	2247	+	10 notification to the patient's physician and
	2248	+	11 appropriate record retention, or pursuant to hospital
	2249	+	12 pharmacy and therapeutics committee policies and
	2250	+	13 procedures. Eligible vaccines are those listed on the
	2251	+	14 U.S. Centers for Disease Control and Prevention (CDC)
	2252	+	15 Recommended Immunization Schedule, the CDC's Health
	2253	+	16 Information for International Travel, or the U.S. Food
	2254	+	17 and Drug Administration's Vaccines Licensed and
	2255	+	18 Authorized for Use in the United States. As applicable
	2256	+	19 to the State's Medicaid program and other payers,
	2257	+	20 vaccines ordered and administered in accordance with
	2258	+	21 this subsection shall be covered and reimbursed at no
	2259	+	22 less than the rate that the vaccine is reimbursed when
	2260	+	23 ordered and administered by a physician;
	2261	+	24 (B-5) following the initial administration of
	2262	+	25 long-acting or extended-release form opioid
	2263	+	26 antagonists by a physician licensed to practice
	2264	+
	2265	+
	2266	+
	2267	+
	2268	+
	2269	+	HB0559 Enrolled - 64 - LRB103 04144 BMS 49150 b
	2270	+
	2271	+
	2272	+	HB0559 Enrolled- 65 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 65 - LRB103 04144 BMS 49150 b
	2273	+	HB0559 Enrolled - 65 - LRB103 04144 BMS 49150 b
	2274	+	1 medicine in all its branches, administration of
	2275	+	2 injections of long-acting or extended-release form
	2276	+	3 opioid antagonists for the treatment of substance use
	2277	+	4 disorder, pursuant to a valid prescription by a
	2278	+	5 physician licensed to practice medicine in all its
	2279	+	6 branches, upon completion of appropriate training,
	2280	+	7 including how to address contraindications and adverse
	2281	+	8 reactions, including, but not limited to, respiratory
	2282	+	9 depression and the performance of cardiopulmonary
	2283	+	10 resuscitation, set forth by rule, with notification to
	2284	+	11 the patient's physician and appropriate record
	2285	+	12 retention, or pursuant to hospital pharmacy and
	2286	+	13 therapeutics committee policies and procedures;
	2287	+	14 (C) administration of injections of
	2288	+	15 alpha-hydroxyprogesterone caproate, pursuant to a
	2289	+	16 valid prescription, by a physician licensed to
	2290	+	17 practice medicine in all its branches, upon completion
	2291	+	18 of appropriate training, including how to address
	2292	+	19 contraindications and adverse reactions set forth by
	2293	+	20 rule, with notification to the patient's physician and
	2294	+	21 appropriate record retention, or pursuant to hospital
	2295	+	22 pharmacy and therapeutics committee policies and
	2296	+	23 procedures; and
	2297	+	24 (D) administration of injections of long-term
	2298	+	25 antipsychotic medications pursuant to a valid
	2299	+	26 prescription by a physician licensed to practice
	2300	+
	2301	+
	2302	+
	2303	+
	2304	+
	2305	+	HB0559 Enrolled - 65 - LRB103 04144 BMS 49150 b
	2306	+
	2307	+
	2308	+	HB0559 Enrolled- 66 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 66 - LRB103 04144 BMS 49150 b
	2309	+	HB0559 Enrolled - 66 - LRB103 04144 BMS 49150 b
	2310	+	1 medicine in all its branches, upon completion of
	2311	+	2 appropriate training conducted by an Accreditation
	2312	+	3 Council of Pharmaceutical Education accredited
	2313	+	4 provider, including how to address contraindications
	2314	+	5 and adverse reactions set forth by rule, with
	2315	+	6 notification to the patient's physician and
	2316	+	7 appropriate record retention, or pursuant to hospital
	2317	+	8 pharmacy and therapeutics committee policies and
	2318	+	9 procedures.
	2319	+	10 (5) (blank);
	2320	+	11 (6) drug regimen review;
	2321	+	12 (7) drug or drug-related research;
	2322	+	13 (8) the provision of patient counseling;
	2323	+	14 (9) the practice of telepharmacy;
	2324	+	15 (10) the provision of those acts or services necessary
	2325	+	16 to provide pharmacist care;
	2326	+	17 (11) medication therapy management;
	2327	+	18 (12) the responsibility for compounding and labeling
	2328	+	19 of drugs and devices (except labeling by a manufacturer,
	2329	+	20 repackager, or distributor of non-prescription drugs and
	2330	+	21 commercially packaged legend drugs and devices), proper
	2331	+	22 and safe storage of drugs and devices, and maintenance of
	2332	+	23 required records;
	2333	+	24 (13) the assessment and consultation of patients and
	2334	+	25 dispensing of hormonal contraceptives; and
	2335	+	26 (14) the initiation, dispensing, or administration of
	2336	+
	2337	+
	2338	+
	2339	+
	2340	+
	2341	+	HB0559 Enrolled - 66 - LRB103 04144 BMS 49150 b
	2342	+
	2343	+
	2344	+	HB0559 Enrolled- 67 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 67 - LRB103 04144 BMS 49150 b
	2345	+	HB0559 Enrolled - 67 - LRB103 04144 BMS 49150 b
	2346	+	1 drugs, laboratory tests, assessments, referrals, and
	2347	+	2 consultations for human immunodeficiency virus
	2348	+	3 pre-exposure prophylaxis and human immunodeficiency virus
	2349	+	4 post-exposure prophylaxis under Section 43.5; .
	2350	+	5 (15) vaccination of patients 7 years of age and older
	2351	+	6 for COVID-19 or influenza subcutaneously, intramuscularly,
	2352	+	7 or orally as authorized, approved, or licensed by the
	2353	+	8 United States Food and Drug Administration, pursuant to
	2354	+	9 the following conditions:
	2355	+	10 (A) the vaccine must be authorized or licensed by
	2356	+	11 the United States Food and Drug Administration;
	2357	+	12 (B) the vaccine must be ordered and administered
	2358	+	13 according to the Advisory Committee on Immunization
	2359	+	14 Practices standard immunization schedule;
	2360	+	15 (C) the pharmacist must complete a course of
	2361	+	16 training accredited by the Accreditation Council on
	2362	+	17 Pharmacy Education or a similar health authority or
	2363	+	18 professional body approved by the Division of
	2364	+	19 Professional Regulation;
	2365	+	20 (D) the pharmacist must have a current certificate
	2366	+	21 in basic cardiopulmonary resuscitation;
	2367	+	22 (E) the pharmacist must complete, during each
	2368	+	23 State licensing period, a minimum of 2 hours of
	2369	+	24 immunization-related continuing pharmacy education
	2370	+	25 approved by the Accreditation Council on Pharmacy
	2371	+	26 Education;
	2372	+
	2373	+
	2374	+
	2375	+
	2376	+
	2377	+	HB0559 Enrolled - 67 - LRB103 04144 BMS 49150 b
	2378	+
	2379	+
	2380	+	HB0559 Enrolled- 68 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 68 - LRB103 04144 BMS 49150 b
	2381	+	HB0559 Enrolled - 68 - LRB103 04144 BMS 49150 b
	2382	+	1 (F) the pharmacist must comply with recordkeeping
	2383	+	2 and reporting requirements of the jurisdiction in
	2384	+	3 which the pharmacist administers vaccines, including
	2385	+	4 informing the patient's primary-care provider, when
	2386	+	5 available, and complying with requirements whereby the
	2387	+	6 person administering a vaccine must review the vaccine
	2388	+	7 registry or other vaccination records prior to
	2389	+	8 administering the vaccine; and
	2390	+	9 (G) the pharmacist must inform the pharmacist's
	2391	+	10 patients who are less than 18 years old, as well as the
	2392	+	11 adult caregiver accompanying the child, of the
	2393	+	12 importance of a well-child visit with a pediatrician
	2394	+	13 or other licensed primary-care provider and must refer
	2395	+	14 patients as appropriate;
	2396	+	15 (16) the ordering and administration of COVID-19
	2397	+	16 therapeutics subcutaneously, intramuscularly, or orally
	2398	+	17 with notification to the patient's physician and
	2399	+	18 appropriate record retention or pursuant to hospital
	2400	+	19 pharmacy and therapeutics committee policies and
	2401	+	20 procedures. Eligible therapeutics are those approved,
	2402	+	21 authorized, or licensed by the United States Food and Drug
	2403	+	22 Administration and must be administered subcutaneously,
	2404	+	23 intramuscularly, or orally in accordance with that
	2405	+	24 approval, authorization, or licensing; and
	2406	+	25 (17) the ordering and administration of tests and
	2407	+	26 screenings for (i) influenza, (ii) SARS-COV 2, and (iii)
	2408	+
	2409	+
	2410	+
	2411	+
	2412	+
	2413	+	HB0559 Enrolled - 68 - LRB103 04144 BMS 49150 b
	2414	+
	2415	+
	2416	+	HB0559 Enrolled- 69 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 69 - LRB103 04144 BMS 49150 b
	2417	+	HB0559 Enrolled - 69 - LRB103 04144 BMS 49150 b
	2418	+	1 health conditions identified by a statewide public health
	2419	+	2 emergency, as defined in the Illinois Emergency Management
	2420	+	3 Agency Act, with notification to the patient's physician
	2421	+	4 and appropriate record retention or pursuant to hospital
	2422	+	5 pharmacy and therapeutics committee policies and
	2423	+	6 procedures. Eligible tests and screenings are those
	2424	+	7 approved, authorized, or licensed by the United States
	2425	+	8 Food and Drug Administration and must be administered in
	2426	+	9 accordance with that approval, authorization, or
	2427	+	10 licensing.
	2428	+	11 A pharmacist who orders or administers tests or
	2429	+	12 screenings for health conditions described in this
	2430	+	13 paragraph may use a test that may guide clinical
	2431	+	14 decision-making for the health condition that is waived
	2432	+	15 under the federal Clinical Laboratory Improvement
	2433	+	16 Amendments of 1988 and regulations promulgated thereunder
	2434	+	17 or any established screening procedure that is established
	2435	+	18 under a statewide protocol.
	2436	+	19 A pharmacist may delegate the administrative and
	2437	+	20 technical tasks of performing a test for the health
	2438	+	21 conditions described in this paragraph to a registered
	2439	+	22 pharmacy technician or student pharmacist acting under the
	2440	+	23 supervision of the pharmacist.
	2441	+	24 A pharmacist who performs any of the acts defined as the
	2442	+	25 practice of pharmacy in this State must be actively licensed
	2443	+	26 as a pharmacist under this Act.
	2444	+
	2445	+
	2446	+
	2447	+
	2448	+
	2449	+	HB0559 Enrolled - 69 - LRB103 04144 BMS 49150 b
	2450	+
	2451	+
	2452	+	HB0559 Enrolled- 70 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 70 - LRB103 04144 BMS 49150 b
	2453	+	HB0559 Enrolled - 70 - LRB103 04144 BMS 49150 b
	2454	+	1 (e) "Prescription" means and includes any written, oral,
	2455	+	2 facsimile, or electronically transmitted order for drugs or
	2456	+	3 medical devices, issued by a physician licensed to practice
	2457	+	4 medicine in all its branches, dentist, veterinarian, podiatric
	2458	+	5 physician, or optometrist, within the limits of his or her
	2459	+	6 license, by a physician assistant in accordance with
	2460	+	7 subsection (f) of Section 4, or by an advanced practice
	2461	+	8 registered nurse in accordance with subsection (g) of Section
	2462	+	9 4, containing the following: (1) name of the patient; (2) date
	2463	+	10 when prescription was issued; (3) name and strength of drug or
	2464	+	11 description of the medical device prescribed; and (4)
	2465	+	12 quantity; (5) directions for use; (6) prescriber's name,
	2466	+	13 address, and signature; and (7) DEA registration number where
	2467	+	14 required, for controlled substances. The prescription may, but
	2468	+	15 is not required to, list the illness, disease, or condition
	2469	+	16 for which the drug or device is being prescribed. DEA
	2470	+	17 registration numbers shall not be required on inpatient drug
	2471	+	18 orders. A prescription for medication other than controlled
	2472	+	19 substances shall be valid for up to 15 months from the date
	2473	+	20 issued for the purpose of refills, unless the prescription
	2474	+	21 states otherwise.
	2475	+	22 (f) "Person" means and includes a natural person,
	2476	+	23 partnership, association, corporation, government entity, or
	2477	+	24 any other legal entity.
	2478	+	25 (g) "Department" means the Department of Financial and
	2479	+	26 Professional Regulation.
	2480	+
	2481	+
	2482	+
	2483	+
	2484	+
	2485	+	HB0559 Enrolled - 70 - LRB103 04144 BMS 49150 b
	2486	+
	2487	+
	2488	+	HB0559 Enrolled- 71 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 71 - LRB103 04144 BMS 49150 b
	2489	+	HB0559 Enrolled - 71 - LRB103 04144 BMS 49150 b
	2490	+	1 (h) "Board of Pharmacy" or "Board" means the State Board
	2491	+	2 of Pharmacy of the Department of Financial and Professional
	2492	+	3 Regulation.
	2493	+	4 (i) "Secretary" means the Secretary of Financial and
	2494	+	5 Professional Regulation.
	2495	+	6 (j) "Drug product selection" means the interchange for a
	2496	+	7 prescribed pharmaceutical product in accordance with Section
	2497	+	8 25 of this Act and Section 3.14 of the Illinois Food, Drug and
	2498	+	9 Cosmetic Act.
	2499	+	10 (k) "Inpatient drug order" means an order issued by an
	2500	+	11 authorized prescriber for a resident or patient of a facility
	2501	+	12 licensed under the Nursing Home Care Act, the ID/DD Community
	2502	+	13 Care Act, the MC/DD Act, the Specialized Mental Health
	2503	+	14 Rehabilitation Act of 2013, the Hospital Licensing Act, or the
	2504	+	15 University of Illinois Hospital Act, or a facility which is
	2505	+	16 operated by the Department of Human Services (as successor to
	2506	+	17 the Department of Mental Health and Developmental
	2507	+	18 Disabilities) or the Department of Corrections.
	2508	+	19 (k-5) "Pharmacist" means an individual health care
	2509	+	20 professional and provider currently licensed by this State to
	2510	+	21 engage in the practice of pharmacy.
	2511	+	22 (l) "Pharmacist in charge" means the licensed pharmacist
	2512	+	23 whose name appears on a pharmacy license and who is
	2513	+	24 responsible for all aspects of the operation related to the
	2514	+	25 practice of pharmacy.
	2515	+	26 (m) "Dispense" or "dispensing" means the interpretation,
	2516	+
	2517	+
	2518	+
	2519	+
	2520	+
	2521	+	HB0559 Enrolled - 71 - LRB103 04144 BMS 49150 b
	2522	+
	2523	+
	2524	+	HB0559 Enrolled- 72 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 72 - LRB103 04144 BMS 49150 b
	2525	+	HB0559 Enrolled - 72 - LRB103 04144 BMS 49150 b
	2526	+	1 evaluation, and implementation of a prescription drug order,
	2527	+	2 including the preparation and delivery of a drug or device to a
	2528	+	3 patient or patient's agent in a suitable container
	2529	+	4 appropriately labeled for subsequent administration to or use
	2530	+	5 by a patient in accordance with applicable State and federal
	2531	+	6 laws and regulations. "Dispense" or "dispensing" does not mean
	2532	+	7 the physical delivery to a patient or a patient's
	2533	+	8 representative in a home or institution by a designee of a
	2534	+	9 pharmacist or by common carrier. "Dispense" or "dispensing"
	2535	+	10 also does not mean the physical delivery of a drug or medical
	2536	+	11 device to a patient or patient's representative by a
	2537	+	12 pharmacist's designee within a pharmacy or drugstore while the
	2538	+	13 pharmacist is on duty and the pharmacy is open.
	2539	+	14 (n) "Nonresident pharmacy" means a pharmacy that is
	2540	+	15 located in a state, commonwealth, or territory of the United
	2541	+	16 States, other than Illinois, that delivers, dispenses, or
	2542	+	17 distributes, through the United States Postal Service,
	2543	+	18 commercially acceptable parcel delivery service, or other
	2544	+	19 common carrier, to Illinois residents, any substance which
	2545	+	20 requires a prescription.
	2546	+	21 (o) "Compounding" means the preparation and mixing of
	2547	+	22 components, excluding flavorings, (1) as the result of a
	2548	+	23 prescriber's prescription drug order or initiative based on
	2549	+	24 the prescriber-patient-pharmacist relationship in the course
	2550	+	25 of professional practice or (2) for the purpose of, or
	2551	+	26 incident to, research, teaching, or chemical analysis and not
	2552	+
	2553	+
	2554	+
	2555	+
	2556	+
	2557	+	HB0559 Enrolled - 72 - LRB103 04144 BMS 49150 b
	2558	+
	2559	+
	2560	+	HB0559 Enrolled- 73 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 73 - LRB103 04144 BMS 49150 b
	2561	+	HB0559 Enrolled - 73 - LRB103 04144 BMS 49150 b
	2562	+	1 for sale or dispensing. "Compounding" includes the preparation
	2563	+	2 of drugs or devices in anticipation of receiving prescription
	2564	+	3 drug orders based on routine, regularly observed dispensing
	2565	+	4 patterns. Commercially available products may be compounded
	2566	+	5 for dispensing to individual patients only if all of the
	2567	+	6 following conditions are met: (i) the commercial product is
	2568	+	7 not reasonably available from normal distribution channels in
	2569	+	8 a timely manner to meet the patient's needs and (ii) the
	2570	+	9 prescribing practitioner has requested that the drug be
	2571	+	10 compounded.
	2572	+	11 (p) (Blank).
	2573	+	12 (q) (Blank).
	2574	+	13 (r) "Patient counseling" means the communication between a
	2575	+	14 pharmacist or a student pharmacist under the supervision of a
	2576	+	15 pharmacist and a patient or the patient's representative about
	2577	+	16 the patient's medication or device for the purpose of
	2578	+	17 optimizing proper use of prescription medications or devices.
	2579	+	18 "Patient counseling" may include without limitation (1)
	2580	+	19 obtaining a medication history; (2) acquiring a patient's
	2581	+	20 allergies and health conditions; (3) facilitation of the
	2582	+	21 patient's understanding of the intended use of the medication;
	2583	+	22 (4) proper directions for use; (5) significant potential
	2584	+	23 adverse events; (6) potential food-drug interactions; and (7)
	2585	+	24 the need to be compliant with the medication therapy. A
	2586	+	25 pharmacy technician may only participate in the following
	2587	+	26 aspects of patient counseling under the supervision of a
	2588	+
	2589	+
	2590	+
	2591	+
	2592	+
	2593	+	HB0559 Enrolled - 73 - LRB103 04144 BMS 49150 b
	2594	+
	2595	+
	2596	+	HB0559 Enrolled- 74 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 74 - LRB103 04144 BMS 49150 b
	2597	+	HB0559 Enrolled - 74 - LRB103 04144 BMS 49150 b
	2598	+	1 pharmacist: (1) obtaining medication history; (2) providing
	2599	+	2 the offer for counseling by a pharmacist or student
	2600	+	3 pharmacist; and (3) acquiring a patient's allergies and health
	2601	+	4 conditions.
	2602	+	5 (s) "Patient profiles" or "patient drug therapy record"
	2603	+	6 means the obtaining, recording, and maintenance of patient
	2604	+	7 prescription information, including prescriptions for
	2605	+	8 controlled substances, and personal information.
	2606	+	9 (t) (Blank).
	2607	+	10 (u) "Medical device" or "device" means an instrument,
	2608	+	11 apparatus, implement, machine, contrivance, implant, in vitro
	2609	+	12 reagent, or other similar or related article, including any
	2610	+	13 component part or accessory, required under federal law to
	2611	+	14 bear the label "Caution: Federal law requires dispensing by or
	2612	+	15 on the order of a physician". A seller of goods and services
	2613	+	16 who, only for the purpose of retail sales, compounds, sells,
	2614	+	17 rents, or leases medical devices shall not, by reasons
	2615	+	18 thereof, be required to be a licensed pharmacy.
	2616	+	19 (v) "Unique identifier" means an electronic signature,
	2617	+	20 handwritten signature or initials, thumb print, or other
	2618	+	21 acceptable biometric or electronic identification process as
	2619	+	22 approved by the Department.
	2620	+	23 (w) "Current usual and customary retail price" means the
	2621	+	24 price that a pharmacy charges to a non-third-party payor.
	2622	+	25 (x) "Automated pharmacy system" means a mechanical system
	2623	+	26 located within the confines of the pharmacy or remote location
	2624	+
	2625	+
	2626	+
	2627	+
	2628	+
	2629	+	HB0559 Enrolled - 74 - LRB103 04144 BMS 49150 b
	2630	+
	2631	+
	2632	+	HB0559 Enrolled- 75 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 75 - LRB103 04144 BMS 49150 b
	2633	+	HB0559 Enrolled - 75 - LRB103 04144 BMS 49150 b
	2634	+	1 that performs operations or activities, other than compounding
	2635	+	2 or administration, relative to storage, packaging, dispensing,
	2636	+	3 or distribution of medication, and which collects, controls,
	2637	+	4 and maintains all transaction information.
	2638	+	5 (y) "Drug regimen review" means and includes the
	2639	+	6 evaluation of prescription drug orders and patient records for
	2640	+	7 (1) known allergies; (2) drug or potential therapy
	2641	+	8 contraindications; (3) reasonable dose, duration of use, and
	2642	+	9 route of administration, taking into consideration factors
	2643	+	10 such as age, gender, and contraindications; (4) reasonable
	2644	+	11 directions for use; (5) potential or actual adverse drug
	2645	+	12 reactions; (6) drug-drug interactions; (7) drug-food
	2646	+	13 interactions; (8) drug-disease contraindications; (9)
	2647	+	14 therapeutic duplication; (10) patient laboratory values when
	2648	+	15 authorized and available; (11) proper utilization (including
	2649	+	16 over or under utilization) and optimum therapeutic outcomes;
	2650	+	17 and (12) abuse and misuse.
	2651	+	18 (z) "Electronically transmitted prescription" means a
	2652	+	19 prescription that is created, recorded, or stored by
	2653	+	20 electronic means; issued and validated with an electronic
	2654	+	21 signature; and transmitted by electronic means directly from
	2655	+	22 the prescriber to a pharmacy. An electronic prescription is
	2656	+	23 not an image of a physical prescription that is transferred by
	2657	+	24 electronic means from computer to computer, facsimile to
	2658	+	25 facsimile, or facsimile to computer.
	2659	+	26 (aa) "Medication therapy management services" means a
	2660	+
	2661	+
	2662	+
	2663	+
	2664	+
	2665	+	HB0559 Enrolled - 75 - LRB103 04144 BMS 49150 b
	2666	+
	2667	+
	2668	+	HB0559 Enrolled- 76 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 76 - LRB103 04144 BMS 49150 b
	2669	+	HB0559 Enrolled - 76 - LRB103 04144 BMS 49150 b
	2670	+	1 distinct service or group of services offered by licensed
	2671	+	2 pharmacists, physicians licensed to practice medicine in all
	2672	+	3 its branches, advanced practice registered nurses authorized
	2673	+	4 in a written agreement with a physician licensed to practice
	2674	+	5 medicine in all its branches, or physician assistants
	2675	+	6 authorized in guidelines by a supervising physician that
	2676	+	7 optimize therapeutic outcomes for individual patients through
	2677	+	8 improved medication use. In a retail or other non-hospital
	2678	+	9 pharmacy, medication therapy management services shall consist
	2679	+	10 of the evaluation of prescription drug orders and patient
	2680	+	11 medication records to resolve conflicts with the following:
	2681	+	12 (1) known allergies;
	2682	+	13 (2) drug or potential therapy contraindications;
	2683	+	14 (3) reasonable dose, duration of use, and route of
	2684	+	15 administration, taking into consideration factors such as
	2685	+	16 age, gender, and contraindications;
	2686	+	17 (4) reasonable directions for use;
	2687	+	18 (5) potential or actual adverse drug reactions;
	2688	+	19 (6) drug-drug interactions;
	2689	+	20 (7) drug-food interactions;
	2690	+	21 (8) drug-disease contraindications;
	2691	+	22 (9) identification of therapeutic duplication;
	2692	+	23 (10) patient laboratory values when authorized and
	2693	+	24 available;
	2694	+	25 (11) proper utilization (including over or under
	2695	+	26 utilization) and optimum therapeutic outcomes; and
	2696	+
	2697	+
	2698	+
	2699	+
	2700	+
	2701	+	HB0559 Enrolled - 76 - LRB103 04144 BMS 49150 b
	2702	+
	2703	+
	2704	+	HB0559 Enrolled- 77 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 77 - LRB103 04144 BMS 49150 b
	2705	+	HB0559 Enrolled - 77 - LRB103 04144 BMS 49150 b
	2706	+	1 (12) drug abuse and misuse.
	2707	+	2 "Medication therapy management services" includes the
	2708	+	3 following:
	2709	+	4 (1) documenting the services delivered and
	2710	+	5 communicating the information provided to patients'
	2711	+	6 prescribers within an appropriate time frame, not to
	2712	+	7 exceed 48 hours;
	2713	+	8 (2) providing patient counseling designed to enhance a
	2714	+	9 patient's understanding and the appropriate use of his or
	2715	+	10 her medications; and
	2716	+	11 (3) providing information, support services, and
	2717	+	12 resources designed to enhance a patient's adherence with
	2718	+	13 his or her prescribed therapeutic regimens.
	2719	+	14 "Medication therapy management services" may also include
	2720	+	15 patient care functions authorized by a physician licensed to
	2721	+	16 practice medicine in all its branches for his or her
	2722	+	17 identified patient or groups of patients under specified
	2723	+	18 conditions or limitations in a standing order from the
	2724	+	19 physician.
	2725	+	20 "Medication therapy management services" in a licensed
	2726	+	21 hospital may also include the following:
	2727	+	22 (1) reviewing assessments of the patient's health
	2728	+	23 status; and
	2729	+	24 (2) following protocols of a hospital pharmacy and
	2730	+	25 therapeutics committee with respect to the fulfillment of
	2731	+	26 medication orders.
	2732	+
	2733	+
	2734	+
	2735	+
	2736	+
	2737	+	HB0559 Enrolled - 77 - LRB103 04144 BMS 49150 b
	2738	+
	2739	+
	2740	+	HB0559 Enrolled- 78 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 78 - LRB103 04144 BMS 49150 b
	2741	+	HB0559 Enrolled - 78 - LRB103 04144 BMS 49150 b
	2742	+	1 (bb) "Pharmacist care" means the provision by a pharmacist
	2743	+	2 of medication therapy management services, with or without the
	2744	+	3 dispensing of drugs or devices, intended to achieve outcomes
	2745	+	4 that improve patient health, quality of life, and comfort and
	2746	+	5 enhance patient safety.
	2747	+	6 (cc) "Protected health information" means individually
	2748	+	7 identifiable health information that, except as otherwise
	2749	+	8 provided, is:
	2750	+	9 (1) transmitted by electronic media;
	2751	+	10 (2) maintained in any medium set forth in the
	2752	+	11 definition of "electronic media" in the federal Health
	2753	+	12 Insurance Portability and Accountability Act; or
	2754	+	13 (3) transmitted or maintained in any other form or
	2755	+	14 medium.
	2756	+	15 "Protected health information" does not include
	2757	+	16 individually identifiable health information found in:
	2758	+	17 (1) education records covered by the federal Family
	2759	+	18 Educational Right and Privacy Act; or
	2760	+	19 (2) employment records held by a licensee in its role
	2761	+	20 as an employer.
	2762	+	21 (dd) "Standing order" means a specific order for a patient
	2763	+	22 or group of patients issued by a physician licensed to
	2764	+	23 practice medicine in all its branches in Illinois.
	2765	+	24 (ee) "Address of record" means the designated address
	2766	+	25 recorded by the Department in the applicant's application file
	2767	+	26 or licensee's license file maintained by the Department's
	2768	+
	2769	+
	2770	+
	2771	+
	2772	+
	2773	+	HB0559 Enrolled - 78 - LRB103 04144 BMS 49150 b
	2774	+
	2775	+
	2776	+	HB0559 Enrolled- 79 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 79 - LRB103 04144 BMS 49150 b
	2777	+	HB0559 Enrolled - 79 - LRB103 04144 BMS 49150 b
	2778	+	1 licensure maintenance unit.
	2779	+	2 (ff) "Home pharmacy" means the location of a pharmacy's
	2780	+	3 primary operations.
	2781	+	4 (gg) "Email address of record" means the designated email
	2782	+	5 address recorded by the Department in the applicant's
	2783	+	6 application file or the licensee's license file, as maintained
	2784	+	7 by the Department's licensure maintenance unit.
	2785	+	8 (Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21;
	2786	+	9 102-103, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff.
	2787	+	10 5-13-22; 102-1051, eff. 1-1-23.)
	2788	+	11 (225 ILCS 85/9.6 new)
	2789	+	12 Sec. 9.6. Administration of vaccines and therapeutics by
	2790	+	13 registered pharmacy technicians and student pharmacists.
	2791	+	14 (a) Under the supervision of an appropriately trained
	2792	+	15 pharmacist, a registered pharmacy technician or student
	2793	+	16 pharmacist may administer COVID-19 and influenza vaccines
	2794	+	17 subcutaneously, intramuscularly, or orally as authorized,
	2795	+	18 approved, or licensed by the United States Food and Drug
	2796	+	19 Administration, subject to the following conditions:
	2797	+	20 (1) the vaccination must be ordered by the supervising
	2798	+	21 pharmacist;
	2799	+	22 (2) the supervising pharmacist must be readily and
	2800	+	23 immediately available to the immunizing pharmacy
	2801	+	24 technician or student pharmacist;
	2802	+	25 (3) the pharmacy technician or student pharmacist must
	2803	+
	2804	+
	2805	+
	2806	+
	2807	+
	2808	+	HB0559 Enrolled - 79 - LRB103 04144 BMS 49150 b
	2809	+
	2810	+
	2811	+	HB0559 Enrolled- 80 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 80 - LRB103 04144 BMS 49150 b
	2812	+	HB0559 Enrolled - 80 - LRB103 04144 BMS 49150 b
	2813	+	1 complete a practical training program that is approved by
	2814	+	2 the Accreditation Council for Pharmacy Education and that
	2815	+	3 includes hands-on injection technique training and
	2816	+	4 training in the recognition and treatment of emergency
	2817	+	5 reactions to vaccines;
	2818	+	6 (4) the pharmacy technician or student pharmacist must
	2819	+	7 have a current certificate in basic cardiopulmonary
	2820	+	8 resuscitation;
	2821	+	9 (5) the pharmacy technician or student pharmacist must
	2822	+	10 complete, during the relevant licensing period, a minimum
	2823	+	11 of 2 hours of immunization-related continuing pharmacy
	2824	+	12 education that is approved by the Accreditation Council
	2825	+	13 for Pharmacy Education;
	2826	+	14 (6) the supervising pharmacist must comply with all
	2827	+	15 relevant recordkeeping and reporting requirements;
	2828	+	16 (7) the supervising pharmacist must be responsible for
	2829	+	17 complying with requirements related to reporting adverse
	2830	+	18 events;
	2831	+	19 (8) the supervising pharmacist must review the vaccine
	2832	+	20 registry or other vaccination records prior to ordering
	2833	+	21 the vaccination to be administered by the pharmacy
	2834	+	22 technician or student pharmacist;
	2835	+	23 (9) the pharmacy technician or student pharmacist
	2836	+	24 must, if the patient is 18 years of age or younger, inform
	2837	+	25 the patient and the adult caregiver accompanying the
	2838	+	26 patient of the importance of a well-child visit with a
	2839	+
	2840	+
	2841	+
	2842	+
	2843	+
	2844	+	HB0559 Enrolled - 80 - LRB103 04144 BMS 49150 b
	2845	+
	2846	+
	2847	+	HB0559 Enrolled- 81 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 81 - LRB103 04144 BMS 49150 b
	2848	+	HB0559 Enrolled - 81 - LRB103 04144 BMS 49150 b
	2849	+	1 pediatrician or other licensed primary-care provider and
	2850	+	2 must refer patients as appropriate;
	2851	+	3 (10) in the case of a COVID-19 vaccine, the
	2852	+	4 vaccination must be ordered and administered according to
	2853	+	5 the Advisory Committee on Immunization Practices' COVID-19
	2854	+	6 vaccine recommendations;
	2855	+	7 (11) in the case of a COVID-19 vaccine, the
	2856	+	8 supervising pharmacist must comply with any applicable
	2857	+	9 requirements or conditions of use as set forth in the
	2858	+	10 Centers for Disease Control and Prevention COVID-19
	2859	+	11 vaccination provider agreement and any other federal
	2860	+	12 requirements that apply to the administration of COVID-19
	2861	+	13 vaccines being administered; and
	2862	+	14 (12) the registered pharmacy technician or student
	2863	+	15 pharmacist and the supervising pharmacist must comply with
	2864	+	16 all other requirements of this Act and the rules adopted
	2865	+	17 thereunder pertaining to the administration of drugs.
	2866	+	18 (b) Under the supervision of an appropriately trained
	2867	+	19 pharmacist, a registered pharmacy technician or student
	2868	+	20 pharmacist may administer COVID-19 therapeutics
	2869	+	21 subcutaneously, intramuscularly, or orally as authorized,
	2870	+	22 approved, or licensed by the United States Food and Drug
	2871	+	23 Administration, subject to the following conditions:
	2872	+	24 (1) the COVID-19 therapeutic must be authorized,
	2873	+	25 approved or licensed by the United States Food and Drug
	2874	+	26 Administration;
	2875	+
	2876	+
	2877	+
	2878	+
	2879	+
	2880	+	HB0559 Enrolled - 81 - LRB103 04144 BMS 49150 b
	2881	+
	2882	+
	2883	+	HB0559 Enrolled- 82 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 82 - LRB103 04144 BMS 49150 b
	2884	+	HB0559 Enrolled - 82 - LRB103 04144 BMS 49150 b
	2885	+	1 (2) the COVID-19 therapeutic must be administered
	2886	+	2 subcutaneously, intramuscularly, or orally in accordance
	2887	+	3 with the United States Food and Drug Administration
	2888	+	4 approval, authorization, or licensing;
	2889	+	5 (3) a pharmacy technician or student pharmacist
	2890	+	6 practicing pursuant to this Section must complete a
	2891	+	7 practical training program that is approved by the
	2892	+	8 Accreditation Council for Pharmacy Education and that
	2893	+	9 includes hands-on injection technique training, clinical
	2894	+	10 evaluation of indications and contraindications of
	2895	+	11 COVID-19 therapeutics training, training in the
	2896	+	12 recognition and treatment of emergency reactions to
	2897	+	13 COVID-19 therapeutics, and any additional training
	2898	+	14 required in the United States Food and Drug Administration
	2899	+	15 approval, authorization, or licensing;
	2900	+	16 (4) the pharmacy technician or student pharmacist must
	2901	+	17 have a current certificate in basic cardiopulmonary
	2902	+	18 resuscitation;
	2903	+	19 (5) the pharmacy technician or student pharmacist must
	2904	+	20 comply with any applicable requirements or conditions of
	2905	+	21 use that apply to the administration of COVID-19
	2906	+	22 therapeutics;
	2907	+	23 (6) the supervising pharmacist must comply with all
	2908	+	24 relevant recordkeeping and reporting requirements;
	2909	+	25 (7) the supervising pharmacist must be readily and
	2910	+	26 immediately available to the pharmacy technician or
	2911	+
	2912	+
	2913	+
	2914	+
	2915	+
	2916	+	HB0559 Enrolled - 82 - LRB103 04144 BMS 49150 b
	2917	+
	2918	+
	2919	+	HB0559 Enrolled- 83 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 83 - LRB103 04144 BMS 49150 b
	2920	+	HB0559 Enrolled - 83 - LRB103 04144 BMS 49150 b
	2921	+	1 student pharmacist; and
	2922	+	2 (8) the registered pharmacy technician or student
	2923	+	3 pharmacist and the supervising pharmacist must comply with
	2924	+	4 all other requirements of this Act and the rules adopted
	2925	+	5 thereunder pertaining to the administration of drugs.
	2926	+	6 Section 55. The Illinois Speech-Language Pathology and
	2927	+	7 Audiology Practice Act is amended by changing Section 8.8 as
	2928	+	8 follows:
	2929	+	9 (225 ILCS 110/8.8)
	2930	+	10 (Section scheduled to be repealed on January 1, 2028)
	2931	+	11 Sec. 8.8. Supervision of speech-language pathology
	2932	+	12 assistants.
	2933	+	13 (a) A speech-language pathology assistant shall practice
	2934	+	14 only under the supervision of a speech-language pathologist
	2935	+	15 who has at least 2 years experience in addition to the
	2936	+	16 supervised professional experience required under subsection
	2937	+	17 (f) of Section 8 of this Act. A speech-language pathologist
	2938	+	18 who supervises a speech-language pathology assistant (i) must
	2939	+	19 have completed at least 6 clock hours of training in
	2940	+	20 supervision related to speech-language pathology, and (ii)
	2941	+	21 must complete at least 2 clock hours of continuing education
	2942	+	22 in supervision related to speech-language pathology in each
	2943	+	23 new licensing cycle after completion of the initial training
	2944	+	24 required under item (i). The Department shall promulgate rules
	2945	+
	2946	+
	2947	+
	2948	+
	2949	+
	2950	+	HB0559 Enrolled - 83 - LRB103 04144 BMS 49150 b
	2951	+
	2952	+
	2953	+	HB0559 Enrolled- 84 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 84 - LRB103 04144 BMS 49150 b
	2954	+	HB0559 Enrolled - 84 - LRB103 04144 BMS 49150 b
	2955	+	1 describing the supervision training requirements. The rules
	2956	+	2 may allow a speech-language pathologist to apply to the Board
	2957	+	3 for an exemption from this training requirement based upon
	2958	+	4 prior supervisory experience.
	2959	+	5 (b) A speech-language pathology assistant must be under
	2960	+	6 the direct supervision of a speech-language pathologist at
	2961	+	7 least 30% of the speech-language pathology assistant's actual
	2962	+	8 patient or client contact time per patient or client during
	2963	+	9 the first 90 days of initial employment as a speech-language
	2964	+	10 pathology assistant. Thereafter, a speech-language pathology
	2965	+	11 assistant must be under the direct supervision of a
	2966	+	12 speech-language pathologist at least 20% of the
	2967	+	13 speech-language pathology assistant's actual patient or client
	2968	+	14 contact time per patient or client. Supervision of a
	2969	+	15 speech-language pathology assistant beyond the minimum
	2970	+	16 requirements of this subsection may be imposed at the
	2971	+	17 discretion of the supervising speech-language pathologist. A
	2972	+	18 supervising speech-language pathologist must be available to
	2973	+	19 communicate with a speech-language pathology assistant
	2974	+	20 whenever the assistant is in contact with a patient or client.
	2975	+	21 (c) A speech-language pathologist that supervises a
	2976	+	22 speech-language pathology assistant must document direct
	2977	+	23 supervision activities. At a minimum, supervision
	2978	+	24 documentation must provide (i) information regarding the
	2979	+	25 quality of the speech-language pathology assistant's
	2980	+	26 performance of assigned duties, and (ii) verification that
	2981	+
	2982	+
	2983	+
	2984	+
	2985	+
	2986	+	HB0559 Enrolled - 84 - LRB103 04144 BMS 49150 b
	2987	+
	2988	+
	2989	+	HB0559 Enrolled- 85 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 85 - LRB103 04144 BMS 49150 b
	2990	+	HB0559 Enrolled - 85 - LRB103 04144 BMS 49150 b
	2991	+	1 clinical activity is limited to duties specified in Section
	2992	+	2 8.7.
	2993	+	3 (d) A full-time speech-language pathologist may supervise
	2994	+	4 no more than 2 speech-language pathology assistants. A
	2995	+	5 speech-language pathologist that does not work full-time may
	2996	+	6 supervise no more than one speech-language pathology
	2997	+	7 assistant.
	2998	+	8 (e) For purposes of this Section, "direct supervision"
	2999	+	9 means on-site, in-view observation and guidance by a
	3000	+	10 speech-language pathologist while an assigned activity is
	3001	+	11 performed by the speech-language pathology assistant or
	3002	+	12 supervision by a speech-language pathologist by way of video
	3003	+	13 conferencing technology during telehealth practice.
	3004	+	14 (Source: P.A. 100-530, eff. 1-1-18.)
	3005	+	15 Section 65. The Radiation Protection Act of 1990 is
	3006	+	16 amended by changing Section 7a as follows:
	3007	+	17 (420 ILCS 40/7a) (from Ch. 111 1/2, par. 210-7a)
	3008	+	18 (Section scheduled to be repealed on January 1, 2027)
	3009	+	19 Sec. 7a. Certification of industrial radiographers.
	3010	+	20 (a) Beginning January 1, 1993, no person may perform
	3011	+	21 industrial radiography unless he or she is certified by the
	3012	+	22 Department of Nuclear Safety or its successor, the Illinois
	3013	+	23 Emergency Management Agency, to perform industrial
	3014	+	24 radiography. The Agency shall promulgate regulations
	3015	+
	3016	+
	3017	+
	3018	+
	3019	+
	3020	+	HB0559 Enrolled - 85 - LRB103 04144 BMS 49150 b
	3021	+
	3022	+
	3023	+	HB0559 Enrolled- 86 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 86 - LRB103 04144 BMS 49150 b
	3024	+	HB0559 Enrolled - 86 - LRB103 04144 BMS 49150 b
	3025	+	1 establishing standards and procedures for certification of
	3026	+	2 industrial radiographers. The regulations may include, without
	3027	+	3 limitation, provisions specifying a minimum course of study
	3028	+	4 and requiring that individuals seeking certification pass an
	3029	+	5 examination administered or approved by the Agency. Industrial
	3030	+	6 radiography certification shall be valid for 5 years, except
	3031	+	7 that certifications for industrial radiography trainees shall
	3032	+	8 be valid for 2 years or shall be extended pursuant to
	3033	+	9 subsection (e). The Agency shall establish by regulation
	3034	+	10 standards and procedures for renewal of certification. The
	3035	+	11 regulations shall provide that certification for industrial
	3036	+	12 radiography trainees shall be nonrenewable.
	3037	+	13 (b) The regulations of the Department of Nuclear Safety,
	3038	+	14 as the predecessor agency of the Illinois Emergency Management
	3039	+	15 Agency, shall provide for provisional certification of persons
	3040	+	16 who performed industrial radiography before January 1, 1993.
	3041	+	17 In order to obtain provisional certification, the industrial
	3042	+	18 radiographer must apply to the Department no later than
	3043	+	19 January 1, 1993. Provisional certification shall be valid for
	3044	+	20 2 years, except for those certifications extended pursuant to
	3045	+	21 subsection (e), provided that a person who has obtained a
	3046	+	22 provisional certification must take an examination that is
	3047	+	23 administered or approved by the Department within 12 months of
	3048	+	24 the date on which the provisional certification was issued.
	3049	+	25 Upon passing the examination, the Department shall certify the
	3050	+	26 individual as an industrial radiographer. Provisional
	3051	+
	3052	+
	3053	+
	3054	+
	3055	+
	3056	+	HB0559 Enrolled - 86 - LRB103 04144 BMS 49150 b
	3057	+
	3058	+
	3059	+	HB0559 Enrolled- 87 -LRB103 04144 BMS 49150 b HB0559 Enrolled - 87 - LRB103 04144 BMS 49150 b
	3060	+	HB0559 Enrolled - 87 - LRB103 04144 BMS 49150 b
	3061	+	1 certification shall be nonrenewable.
	3062	+	2 (c) The Agency may, by regulation, assess certification
	3063	+	3 fees and fees to recover the cost of examining applicants for
	3064	+	4 certification.
	3065	+	5 (d) The Agency may suspend or revoke the certification of
	3066	+	6 an industrial radiographer, or take other action as provided
	3067	+	7 in Sections 36 and 38 of this Act, if a certified industrial
	3068	+	8 radiographer violates this Act or any rule or regulation
	3069	+	9 promulgated under this Act, or otherwise endangers the safety
	3070	+	10 of himself, his co-workers, or members of the general public.
	3071	+	11 It shall be a violation of this Act for any person to allow an
	3072	+	12 individual who is not a certified industrial radiographer to
	3073	+	13 perform industrial radiography.
	3074	+	14 (e) The Agency may extend the term of existing
	3075	+	15 certifications for industrial radiographers and industrial
	3076	+	16 radiographer trainees in 90-day increments, not to exceed a
	3077	+	17 maximum period of 6 months beyond the initial term, to allow
	3078	+	18 individuals time to meet the examination criteria. Industrial
	3079	+	19 radiographers and industrial radiographer trainees shall meet
	3080	+	20 all other requirements as set forth by the Agency.
	3081	+	21 (Source: P.A. 94-104, eff. 7-1-05.)
	3082	+	22 Section 99. Effective date. This Act takes effect upon
	3083	+	23 becoming law.
	3084	+
	3085	+
	3086	+
	3087	+
	3088	+
	3089	+	HB0559 Enrolled - 87 - LRB103 04144 BMS 49150 b