Illinois House Bill HB0559 Latest Draft

                            Public Act 103-0001
HB0559 EnrolledLRB103 04144 BMS 49150 b HB0559 Enrolled LRB103 04144 BMS 49150 b
HB0559 Enrolled LRB103 04144 BMS 49150 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1.  This Act may be referred to as the Health Care
Workforce Reinforcement Act.
Section 5. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Section 2105-400 as follows:
(20 ILCS 2105/2105-400)
Sec. 2105-400. Emergency powers.
(a) Upon proclamation of a disaster by the Governor, as
provided for in the Illinois Emergency Management Agency Act,
the Secretary of Financial and Professional Regulation shall
have the following powers, which shall be exercised only in
coordination with the Illinois Emergency Management Agency and
the Department of Public Health:
(1) The power to suspend the requirements for
permanent or temporary licensure of persons who are
licensed in another state and are working under the
direction of the Illinois Emergency Management Agency and
the Department of Public Health pursuant to a declared
disaster.

 

HB0559 Enrolled LRB103 04144 BMS 49150 b


(2) The power to modify the scope of practice
restrictions under any licensing act administered by the
Department for any person working under the direction of
the Illinois Emergency Management Agency and the Illinois
Department of Public Health pursuant to the declared
disaster.
(3) The power to expand the exemption in Section 4(a)
of the Pharmacy Practice Act to those licensed
professionals whose scope of practice has been modified,
under paragraph (2) of subsection (a) of this Section, to
include any element of the practice of pharmacy as defined
in the Pharmacy Practice Act for any person working under
the direction of the Illinois Emergency Management Agency
and the Illinois Department of Public Health pursuant to
the declared disaster.
(b) Persons exempt from licensure under paragraph (1) of
subsection (a) of this Section and persons operating under
modified scope of practice provisions under paragraph (2) of
subsection (a) of this Section shall be exempt from licensure
or be subject to modified scope of practice only until the
declared disaster has ended as provided by law. For purposes
of this Section, persons working under the direction of an
emergency services and disaster agency accredited by the
Illinois Emergency Management Agency and a local public health
department, pursuant to a declared disaster, shall be deemed
to be working under the direction of the Illinois Emergency


Management Agency and the Department of Public Health.
(c) The Secretary or the Director, as his or her designee,
shall exercise these powers by way of proclamation.
(d) Any person who was issued a temporary out-of-state
permit by the Department pursuant to a proclamation issued by
the Secretary or related action by the Director in response to
the COVID-19 pandemic may continue to practice under his or
her temporary out-of-state permit if he or she submits an
application for licensure by endorsement to the Department on
or before May 11, 2023. Any such person may continue to
practice under his or her temporary out-of-state permit until
the Department issues the license or denies the application,
at which time the temporary out-of-state permit shall expire.
If the Department does not issue the license or does not deny
the application by May 11, 2024, the temporary out-of-state
permit shall expire. If the person holding a temporary
out-of-state permit does not submit an application for
licensure by endorsement to the Department on or before May
11, 2023, the temporary out-of-state COVID permit shall expire
on that date. The Secretary may extend the May 11, 2023
deadline under this subsection for an additional 60 days. This
subsection applies to the following licensed professions:
physician; registered nurse; practical nurse; advanced
practice registered nurse; full practice advanced practice
registered nurse; pharmacist; occupational therapist;
occupational therapy assistant; physical therapist; physical


therapist assistant; clinical psychologist; physician
assistant; clinical social worker; social worker; dietitian
nutritionist; professional counselor; clinical professional
counselor; and respiratory care practitioner.
(e) Any person who was issued a temporary reinstatement
permit by the Department pursuant to a proclamation issued by
the Secretary or related action by the Director in response to
the COVID-19 pandemic may continue to practice under his or
her temporary reinstatement permit if he or she submits an
application for restoration or reinstatement of his or her
license to the Department on or before May 11, 2023. Any such
person may continue to practice under his or her temporary
reinstatement permit until the Department restores or
reinstates the license or denies the application, at which
time the temporary reinstatement permit shall expire. If the
Department does not restore or reinstate the license or does
not deny the application by May 11, 2024, the temporary
reinstatement permit shall expire. If the person holding a
temporary reinstatement permit does not submit an application
for restoration or reinstatement to the Department on or
before May 11, 2023, the temporary reinstatement permit shall
expire on that date. The Secretary may extend the May 11, 2023
deadline under this subsection for an additional 60 days. This
subsection applies to the following licensed professions:
physician; registered nurse; practical nurse; advanced
practice registered nurse; full practice advanced practice


registered nurse; pharmacist; occupational therapist;
occupational therapy assistant; physical therapist; physical
therapist assistant; clinical psychologist; physician
assistant; clinical social worker; social worker; dietitian
nutritionist; professional counselor; clinical professional
counselor; and respiratory care practitioner.
(Source: P.A. 99-227, eff. 8-3-15.)
Section 10. The Assisted Living and Shared Housing Act is
amended by changing Sections 40 and 110 as follows:
(210 ILCS 9/40)
Sec. 40. Probationary licenses. If the applicant has not
been previously licensed under this Act or if the
establishment is not in operation at the time the application
is made and if the Department determines that the applicant
meets the licensure requirements of this Act, the Department
shall issue a probationary license. A probationary license
shall be valid for 120 days unless sooner suspended or
revoked. Within 30 days prior to the termination of a
probationary license, the Department shall fully and
completely review the establishment and, if the establishment
meets the applicable requirements for licensure, shall issue a
license, except that, during a statewide public health
emergency, as defined in the Illinois Emergency Management
Agency Act, the Department shall fully and completely review


the establishment to the extent feasible. If the Department
finds that the establishment does not meet the requirements
for licensure, but has made substantial progress toward
meeting those requirements, the license may be renewed once
for a period not to exceed 120 days from the expiration date of
the initial probationary license.
(Source: P.A. 93-1003, eff. 8-23-04.)
(210 ILCS 9/110)
Sec. 110. Powers and duties of the Department.
(a) The Department shall conduct an annual unannounced
on-site visit at each assisted living and shared housing
establishment to determine compliance with applicable
licensure requirements and standards, except that, during a
statewide public health emergency, as defined in the Illinois
Emergency Management Agency Act, the Department shall conduct
on-site reviews and annual unannounced on-site visits to the
extent feasible. Additional visits may be conducted without
prior notice to the assisted living or shared housing
establishment.
(b) Upon receipt of information that may indicate the
failure of the assisted living or shared housing establishment
or a service provider to comply with a provision of this Act,
the Department shall investigate the matter or make
appropriate referrals to other government agencies and
entities having jurisdiction over the subject matter of the


possible violation. The Department may also make referrals to
any public or private agency that the Department considers
available for appropriate assistance to those involved. The
Department may oversee and coordinate the enforcement of State
consumer protection policies affecting residents residing in
an establishment licensed under this Act.
(c) The Department shall establish by rule complaint
receipt, investigation, resolution, and involuntary residency
termination procedures. Resolution procedures shall provide
for on-site review and evaluation of an assisted living or
shared housing establishment found to be in violation of this
Act within a specified period of time based on the gravity and
severity of the violation and any pervasive pattern of
occurrences of the same or similar violations.
(d) (Blank).
(e) The Department shall by rule establish penalties and
sanctions, which shall include, but need not be limited to,
the creation of a schedule of graduated penalties and
sanctions to include closure.
(f) The Department shall by rule establish procedures for
disclosure of information to the public, which shall include,
but not be limited to, ownership, licensure status, frequency
of complaints, disposition of substantiated complaints, and
disciplinary actions.
(g) (Blank).
(h) Beginning January 1, 2000, the Department shall begin


drafting rules necessary for the administration of this Act.
(Source: P.A. 96-975, eff. 7-2-10.)
Section 15. The Nursing Home Care Act is amended by
changing Sections 3-102.2, 3-116, 3-202.5, 3-202.6, 3-206, and
3-702 as follows:
(210 ILCS 45/3-102.2)
Sec. 3-102.2. Supported congregate living arrangement
demonstration. The Illinois Department may grant no more than
3 waivers from the requirements of this Act for facilities
participating in the supported congregate living arrangement
demonstration. A joint waiver request must be made by an
applicant and the Department on Aging. If the Department on
Aging does not act upon an application within 60 days, the
applicant may submit a written waiver request on its own
behalf. The waiver request must include a specific program
plan describing the types of residents to be served and the
services that will be provided in the facility. The Department
shall conduct an on-site review at each facility annually or
as often as necessary to ascertain compliance with the program
plan, except that, during a statewide public health emergency,
as defined in the Illinois Emergency Management Agency Act,
the Department shall conduct on-site reviews and annual
unannounced on-site visits to the extent feasible. The
Department may revoke the waiver if it determines that the


facility is not in compliance with the program plan. Nothing
in this Section prohibits the Department from conducting
complaint investigations.
A facility granted a waiver under this Section is not
subject to the Illinois Health Facilities Planning Act, unless
it subsequently applies for a certificate of need to convert
to a nursing facility. A facility applying for conversion
shall meet the licensure and certificate of need requirements
in effect as of the date of application, and this provision may
not be waived.
(Source: P.A. 89-530, eff. 7-19-96.)
(210 ILCS 45/3-116) (from Ch. 111 1/2, par. 4153-116)
Sec. 3-116.  If the applicant has not been previously
licensed or if the facility is not in operation at the time
application is made, the Department shall issue only a
probationary license. A probationary license shall be valid
for 120 days unless sooner suspended or revoked under Section
3-119. Within 30 days prior to the termination of a
probationary license, the Department shall fully and
completely inspect the facility and, if the facility meets the
applicable requirements for licensure, shall issue a license
under Section 3-109, except that, during a statewide public
health emergency, as defined in the Illinois Emergency
Management Agency Act, the Department shall fully and
completely inspect the establishment within appropriate time


frames to the extent feasible. If the Department finds that
the facility does not meet the requirements for licensure but
has made substantial progress toward meeting those
requirements, the license may be renewed once for a period not
to exceed 120 days from the expiration date of the initial
probationary license.
(Source: P.A. 81-223.)
(210 ILCS 45/3-202.5)
Sec. 3-202.5. Facility plan review; fees.
(a) Before commencing construction of a new facility or
specified types of alteration or additions to an existing long
term care facility involving major construction, as defined by
rule by the Department, with an estimated cost greater than
$100,000, architectural drawings and specifications for the
facility shall be submitted to the Department for review and
approval. A facility may submit architectural drawings and
specifications for other construction projects for Department
review according to subsection (b) that shall not be subject
to fees under subsection (d). Review of drawings and
specifications shall be conducted by an employee of the
Department meeting the qualifications established by the
Department of Central Management Services class specifications
for such an individual's position or by a person contracting
with the Department who meets those class specifications.
Final approval of the drawings and specifications for


compliance with design and construction standards shall be
obtained from the Department before the alteration, addition,
or new construction is begun.
(b) The Department shall inform an applicant in writing
within 10 working days after receiving drawings and
specifications and the required fee, if any, from the
applicant whether the applicant's submission is complete or
incomplete. Failure to provide the applicant with this notice
within 10 working days shall result in the submission being
deemed complete for purposes of initiating the 60-day review
period under this Section. If the submission is incomplete,
the Department shall inform the applicant of the deficiencies
with the submission in writing. If the submission is complete
the required fee, if any, has been paid, the Department shall
approve or disapprove drawings and specifications submitted to
the Department no later than 60 days following receipt by the
Department. The drawings and specifications shall be of
sufficient detail, as provided by Department rule, to enable
the Department to render a determination of compliance with
design and construction standards under this Act. If the
Department finds that the drawings are not of sufficient
detail for it to render a determination of compliance, the
plans shall be determined to be incomplete and shall not be
considered for purposes of initiating the 60-day 60 day review
period. If a submission of drawings and specifications is
incomplete, the applicant may submit additional information.


The 60-day review period shall not commence until the
Department determines that a submission of drawings and
specifications is complete or the submission is deemed
complete. If the Department has not approved or disapproved
the drawings and specifications within 60 days, the
construction, major alteration, or addition shall be deemed
approved. If the drawings and specifications are disapproved,
the Department shall state in writing, with specificity, the
reasons for the disapproval. The entity submitting the
drawings and specifications may submit additional information
in response to the written comments from the Department or
request a reconsideration of the disapproval. A final decision
of approval or disapproval shall be made within 45 days of the
receipt of the additional information or reconsideration
request. If denied, the Department shall state the specific
reasons for the denial.
(c) The Department shall provide written approval for
occupancy pursuant to subsection (g) and shall not issue a
violation to a facility as a result of a licensure or complaint
survey based upon the facility's physical structure if:
(1) the Department reviewed and approved or deemed
approved the drawings and specifications for compliance
with design and construction standards;
(2) the construction, major alteration, or addition
was built as submitted;
(3) the law or rules have not been amended since the


original approval; and
(4) the conditions at the facility indicate that there
is a reasonable degree of safety provided for the
residents.
(d) The Department shall charge the following fees in
connection with its reviews conducted before June 30, 2004
under this Section:
(1) (Blank).
(2) (Blank).
(3) If the estimated dollar value of the alteration,
addition, or new construction is $100,000 or more but less
than $500,000, the fee shall be the greater of $2,400 or
1.2% of that value.
(4) If the estimated dollar value of the alteration,
addition, or new construction is $500,000 or more but less
than $1,000,000, the fee shall be the greater of $6,000 or
0.96% of that value.
(5) If the estimated dollar value of the alteration,
addition, or new construction is $1,000,000 or more but
less than $5,000,000, the fee shall be the greater of
$9,600 or 0.22% of that value.
(6) If the estimated dollar value of the alteration,
addition, or new construction is $5,000,000 or more, the
fee shall be the greater of $11,000 or 0.11% of that value,
but shall not exceed $40,000.
The fees provided in this subsection (d) shall not apply


to major construction projects involving facility changes that
are required by Department rule amendments.
The fees provided in this subsection (d) shall also not
apply to major construction projects if 51% or more of the
estimated cost of the project is attributed to capital
equipment. For major construction projects where 51% or more
of the estimated cost of the project is attributed to capital
equipment, the Department shall by rule establish a fee that
is reasonably related to the cost of reviewing the project.
The Department shall not commence the facility plan review
process under this Section until the applicable fee has been
paid.
(e) All fees received by the Department under this Section
shall be deposited into the Health Facility Plan Review Fund,
a special fund created in the State Treasury. All fees paid by
long-term care facilities under subsection (d) shall be used
only to cover the costs relating to the Department's review of
long-term care facility projects under this Section. Moneys
shall be appropriated from that Fund to the Department only to
pay the costs of conducting reviews under this Section or
under Section 3-202.5 of the ID/DD Community Care Act or
Section 3-202.5 of the MC/DD Act. None of the moneys in the
Health Facility Plan Review Fund shall be used to reduce the
amount of General Revenue Fund moneys appropriated to the
Department for facility plan reviews conducted pursuant to
this Section.


(f)(1) The provisions of this amendatory Act of 1997
concerning drawings and specifications shall apply only to
drawings and specifications submitted to the Department on or
after October 1, 1997.
(2) On and after the effective date of this amendatory Act
of 1997 and before October 1, 1997, an applicant may submit or
resubmit drawings and specifications to the Department and pay
the fees provided in subsection (d). If an applicant pays the
fees provided in subsection (d) under this paragraph (2), the
provisions of subsection (b) shall apply with regard to those
drawings and specifications.
(g) The Department shall conduct an on-site inspection of
the completed project no later than 30 days after notification
from the applicant that the project has been completed and all
certifications required by the Department have been received
and accepted by the Department, except that, during a
statewide public health emergency, as defined in the Illinois
Emergency Management Agency Act, the Department shall conduct
an on-site inspection of the completed project to the extent
feasible. The Department shall provide written approval for
occupancy to the applicant within 5 working days of the
Department's final inspection, provided the applicant has
demonstrated substantial compliance as defined by Department
rule. Occupancy of new major construction is prohibited until
Department approval is received, unless the Department has not
acted within the time frames provided in this subsection (g),


in which case the construction shall be deemed approved.
Occupancy shall be authorized after any required health
inspection by the Department has been conducted.
(h) The Department shall establish, by rule, a procedure
to conduct interim on-site review of large or complex
construction projects.
(i) The Department shall establish, by rule, an expedited
process for emergency repairs or replacement of like
equipment.
(j) Nothing in this Section shall be construed to apply to
maintenance, upkeep, or renovation that does not affect the
structural integrity of the building, does not add beds or
services over the number for which the long-term care facility
is licensed, and provides a reasonable degree of safety for
the residents.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
(210 ILCS 45/3-202.6)
Sec. 3-202.6. Department of Veterans' Affairs facility
plan review.
(a) Before commencing construction of a new facility or
specified types of alteration or additions to an existing
long-term care facility involving major construction, as
defined by rule by the Department, with an estimated cost
greater than $100,000, architectural drawings and
specifications for the facility shall be submitted to the


Department for review. A facility may submit architectural
drawings and specifications for other construction projects
for Department review according to subsection (b) of this
Section. Review of drawings and specifications shall be
conducted by an employee of the Department meeting the
qualifications established by the Department of Central
Management Services class specifications for such an
individual's position or by a person contracting with the
Department who meets those class specifications.
(b) The Department shall inform an applicant in writing
within 15 working days after receiving drawings and
specifications from the applicant whether the applicant's
submission is complete or incomplete. Failure to provide the
applicant with this notice within 15 working days after
receiving drawings and specifications from the applicant shall
result in the submission being deemed complete for purposes of
initiating the 60-working-day review period under this
Section. If the submission is incomplete, the Department shall
inform the applicant of the deficiencies with the submission
in writing.
If the submission is complete, the Department shall
approve or disapprove drawings and specifications submitted to
the Department no later than 60 working days following receipt
by the Department. The drawings and specifications shall be of
sufficient detail, as provided by Department rule, to enable
the Department to render a determination of compliance with


design and construction standards under this Act. If the
Department finds that the drawings are not of sufficient
detail for it to render a determination of compliance, the
plans shall be determined to be incomplete and shall not be
considered for purposes of initiating the 60-working-day
review period. If a submission of drawings and specifications
is incomplete, the applicant may submit additional
information. The 60-working-day review period shall not
commence until the Department determines that a submission of
drawings and specifications is complete or the submission is
deemed complete. If the Department has not approved or
disapproved the drawings and specifications within 60 working
days after receipt by the Department, the construction, major
alteration, or addition shall be deemed approved. If the
drawings and specifications are disapproved, the Department
shall state in writing, with specificity, the reasons for the
disapproval. The entity submitting the drawings and
specifications may submit additional information in response
to the written comments from the Department or request a
reconsideration of the disapproval. A final decision of
approval or disapproval shall be made within 45 working days
after the receipt of the additional information or
reconsideration request. If denied, the Department shall state
the specific reasons for the denial.
(c) The Department shall provide written approval for
occupancy pursuant to subsection (e) of this Section and shall


not issue a violation to a facility as a result of a licensure
or complaint survey based upon the facility's physical
structure if:
(1) the Department reviewed and approved or is deemed
to have approved the drawings and specifications for
compliance with design and construction standards;
(2) the construction, major alteration, or addition
was built as submitted;
(3) the law or rules have not been amended since the
original approval; and
(4) the conditions at the facility indicate that there
is a reasonable degree of safety provided for the
residents.
(d) The Department shall not charge a fee in connection
with its reviews to the Department of Veterans' Affairs.
(e) The Department shall conduct an on-site inspection of
the completed project no later than 45 working days after
notification from the applicant that the project has been
completed and all certifications required by the Department
have been received and accepted by the Department, except
that, during a statewide public health emergency, as defined
in the Illinois Emergency Management Agency Act, the
Department shall conduct an on-site inspection of the
completed project to the extent feasible. The Department may
extend this deadline if a federally mandated survey time frame
takes precedence. The Department shall provide written


approval for occupancy to the applicant within 7 working days
after the Department's final inspection, provided the
applicant has demonstrated substantial compliance as defined
by Department rule. Occupancy of new major construction is
prohibited until Department approval is received, unless the
Department has not acted within the time frames provided in
this subsection (e), in which case the construction shall be
deemed approved. Occupancy shall be authorized after any
required health inspection by the Department has been
conducted.
(f) The Department shall establish, by rule, an expedited
process for emergency repairs or replacement of like
equipment.
(g) Nothing in this Section shall be construed to apply to
maintenance, upkeep, or renovation that does not affect the
structural integrity or fire or life safety of the building,
does not add beds or services over the number for which the
long-term care facility is licensed, and provides a reasonable
degree of safety for the residents.
(h) If the number of licensed facilities increases or the
number of beds for the currently licensed facilities
increases, the Department has the right to reassess the
mandated time frames listed in this Section.
(Source: P.A. 99-314, eff. 8-7-15.)
(210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)


Sec. 3-206.  The Department shall prescribe a curriculum
for training nursing assistants, habilitation aides, and child
care aides.
(a) No person, except a volunteer who receives no
compensation from a facility and is not included for the
purpose of meeting any staffing requirements set forth by the
Department, shall act as a nursing assistant, habilitation
aide, or child care aide in a facility, nor shall any person,
under any other title, not licensed, certified, or registered
to render medical care by the Department of Financial and
Professional Regulation, assist with the personal, medical, or
nursing care of residents in a facility, unless such person
meets the following requirements:
(1) Be at least 16 years of age, of temperate habits
and good moral character, honest, reliable and
trustworthy.
(2) Be able to speak and understand the English
language or a language understood by a substantial
percentage of the facility's residents.
(3) Provide evidence of employment or occupation, if
any, and residence for 2 years prior to his present
employment.
(4) Have completed at least 8 years of grade school or
provide proof of equivalent knowledge.
(5) Begin a current course of training for nursing
assistants, habilitation aides, or child care aides,


approved by the Department, within 45 days of initial
employment in the capacity of a nursing assistant,
habilitation aide, or child care aide at any facility.
Such courses of training shall be successfully completed
within 120 days of initial employment in the capacity of
nursing assistant, habilitation aide, or child care aide
at a facility. Nursing assistants, habilitation aides, and
child care aides who are enrolled in approved courses in
community colleges or other educational institutions on a
term, semester, or trimester basis, shall be exempt from
the 120-day completion time limit. During a statewide
public health emergency, as defined in the Illinois
Emergency Management Agency Act, all nursing assistants,
habilitation aides, and child care aides shall, to the
extent feasible, complete the training. The Department
shall adopt rules for such courses of training. These
rules shall include procedures for facilities to carry on
an approved course of training within the facility. The
Department shall allow an individual to satisfy the
supervised clinical experience requirement for placement
on the Health Care Worker Registry under 77 Ill. Adm. Code
300.663 through supervised clinical experience at an
assisted living establishment licensed under the Assisted
Living and Shared Housing Act. The Department shall adopt
rules requiring that the Health Care Worker Registry
include information identifying where an individual on the


Health Care Worker Registry received his or her clinical
training.
The Department may accept comparable training in lieu
of the 120-hour course for student nurses, foreign nurses,
military personnel, or employees of the Department of
Human Services.
The Department shall accept on-the-job experience in
lieu of clinical training from any individual who
participated in the temporary nursing assistant program
during the COVID-19 pandemic before the end date of the
temporary nursing assistant program and left the program
in good standing, and the Department shall notify all
approved certified nurse assistant training programs in
the State of this requirement. The individual shall
receive one hour of credit for every hour employed as a
temporary nursing assistant, up to 40 total hours, and
shall be permitted 90 days after the end date of the
temporary nursing assistant program to enroll in an
approved certified nursing assistant training program and
240 days to successfully complete the certified nursing
assistant training program. Temporary nursing assistants
who enroll in a certified nursing assistant training
program within 90 days of the end of the temporary nursing
assistant program may continue to work as a nursing
assistant for up to 240 days after enrollment in the
certified nursing assistant training program. As used in


this Section, "temporary nursing assistant program" means
the program implemented by the Department of Public Health
by emergency rule, as listed in 44 Ill. Reg. 7936,
effective April 21, 2020.
The facility shall develop and implement procedures,
which shall be approved by the Department, for an ongoing
review process, which shall take place within the
facility, for nursing assistants, habilitation aides, and
child care aides.
At the time of each regularly scheduled licensure
survey, or at the time of a complaint investigation, the
Department may require any nursing assistant, habilitation
aide, or child care aide to demonstrate, either through
written examination or action, or both, sufficient
knowledge in all areas of required training. If such
knowledge is inadequate the Department shall require the
nursing assistant, habilitation aide, or child care aide
to complete inservice training and review in the facility
until the nursing assistant, habilitation aide, or child
care aide demonstrates to the Department, either through
written examination or action, or both, sufficient
knowledge in all areas of required training.
(6) Be familiar with and have general skills related
to resident care.
(a-0.5) An educational entity, other than a secondary
school, conducting a nursing assistant, habilitation aide, or


child care aide training program shall initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act prior to entry of an individual into the
training program. A secondary school may initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act at any time during or after a training
program.
(a-1) Nursing assistants, habilitation aides, or child
care aides seeking to be included on the Health Care Worker
Registry under the Health Care Worker Background Check Act on
or after January 1, 1996 must authorize the Department of
Public Health or its designee to request a criminal history
record check in accordance with the Health Care Worker
Background Check Act and submit all necessary information. An
individual may not newly be included on the Health Care Worker
Registry unless a criminal history record check has been
conducted with respect to the individual.
(b) Persons subject to this Section shall perform their
duties under the supervision of a licensed nurse.
(c) It is unlawful for any facility to employ any person in
the capacity of nursing assistant, habilitation aide, or child
care aide, or under any other title, not licensed by the State
of Illinois to assist in the personal, medical, or nursing
care of residents in such facility unless such person has
complied with this Section.
(d) Proof of compliance by each employee with the


requirements set out in this Section shall be maintained for
each such employee by each facility in the individual
personnel folder of the employee. Proof of training shall be
obtained only from the Health Care Worker Registry.
(e) Each facility shall obtain access to the Health Care
Worker Registry's web application, maintain the employment and
demographic information relating to each employee, and verify
by the category and type of employment that each employee
subject to this Section meets all the requirements of this
Section.
(f) Any facility that is operated under Section 3-803
shall be exempt from the requirements of this Section.
(g) Each skilled nursing and intermediate care facility
that admits persons who are diagnosed as having Alzheimer's
disease or related dementias shall require all nursing
assistants, habilitation aides, or child care aides, who did
not receive 12 hours of training in the care and treatment of
such residents during the training required under paragraph
(5) of subsection (a), to obtain 12 hours of in-house training
in the care and treatment of such residents. If the facility
does not provide the training in-house, the training shall be
obtained from other facilities, community colleges or other
educational institutions that have a recognized course for
such training. The Department shall, by rule, establish a
recognized course for such training. The Department's rules
shall provide that such training may be conducted in-house at


each facility subject to the requirements of this subsection,
in which case such training shall be monitored by the
Department.
The Department's rules shall also provide for
circumstances and procedures whereby any person who has
received training that meets the requirements of this
subsection shall not be required to undergo additional
training if he or she is transferred to or obtains employment
at a different facility or a facility other than a long-term
care facility but remains continuously employed for pay as a
nursing assistant, habilitation aide, or child care aide.
Individuals who have performed no nursing or nursing-related
services for a period of 24 consecutive months shall be listed
as "inactive" and as such do not meet the requirements of this
Section. Licensed sheltered care facilities shall be exempt
from the requirements of this Section.
An individual employed during the COVID-19 pandemic as a
nursing assistant in accordance with any Executive Orders,
emergency rules, or policy memoranda related to COVID-19 shall
be assumed to meet competency standards and may continue to be
employed as a certified nurse assistant when the pandemic ends
and the Executive Orders or emergency rules lapse. Such
individuals shall be listed on the Department's Health Care
Worker Registry website as "active".
(Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17;
100-863, eff. 8-14-18; 101-655, eff. 3-12-21.)


(210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
Sec. 3-702.  (a) A person who believes that this Act or a
rule promulgated under this Act may have been violated may
request an investigation. The request may be submitted to the
Department in writing, by telephone, by electronic means, or
by personal visit. An oral complaint shall be reduced to
writing by the Department. The Department shall make
available, through its website and upon request, information
regarding the oral and phone intake processes and the list of
questions that will be asked of the complainant. The
Department shall request information identifying the
complainant, including the name, address, and telephone
number, to help enable appropriate follow-up. The Department
shall act on such complaints via on-site visits or other
methods deemed appropriate to handle the complaints with or
without such identifying information, as otherwise provided
under this Section. The complainant shall be informed that
compliance with such request is not required to satisfy the
procedures for filing a complaint under this Act. The
Department must notify complainants that complaints with less
information provided are far more difficult to respond to and
investigate.
(b) The substance of the complaint shall be provided in
writing to the licensee, owner, or administrator no earlier
than at the commencement of an on-site inspection of the


facility which takes place pursuant to the complaint.
(c) The Department shall not disclose the name of the
complainant unless the complainant consents in writing to the
disclosure or the investigation results in a judicial
proceeding, or unless disclosure is essential to the
investigation. The complainant shall be given the opportunity
to withdraw the complaint before disclosure. Upon the request
of the complainant, the Department may permit the complainant
or a representative of the complainant to accompany the person
making the on-site inspection of the facility.
(d) Upon receipt of a complaint, the Department shall
determine whether this Act or a rule promulgated under this
Act has been or is being violated. The Department shall
investigate all complaints alleging abuse or neglect within 7
days after the receipt of the complaint except that complaints
of abuse or neglect which indicate that a resident's life or
safety is in imminent danger shall be investigated within 24
hours after receipt of the complaint. All other complaints
shall be investigated within 30 days after the receipt of the
complaint, except that, during a statewide public health
emergency, as defined in the Illinois Emergency Management
Agency Act, all other complaints shall be investigated within
appropriate time frames to the extent feasible. The Department
employees investigating a complaint shall conduct a brief,
informal exit conference with the facility to alert its
administration of any suspected serious deficiency that poses


a direct threat to the health, safety, or welfare of a resident
to enable an immediate correction for the alleviation or
elimination of such threat. Such information and findings
discussed in the brief exit conference shall become a part of
the investigating record but shall not in any way constitute
an official or final notice of violation as provided under
Section 3-301. All complaints shall be classified as "an
invalid report", "a valid report", or "an undetermined
report". For any complaint classified as "a valid report", the
Department must determine within 30 working days after any
Department employee enters a facility to begin an on-site
inspection if any rule or provision of this Act has been or is
being violated.
(d-1) The Department shall, whenever possible, combine an
on-site investigation of a complaint in a facility with other
inspections in order to avoid duplication of inspections.
(e) In all cases, the Department shall inform the
complainant of its findings within 10 days of its
determination unless otherwise indicated by the complainant,
and the complainant may direct the Department to send a copy of
such findings to another person. The Department's findings may
include comments or documentation provided by either the
complainant or the licensee pertaining to the complaint. The
Department shall also notify the facility of such findings
within 10 days of the determination, but the name of the
complainant or residents shall not be disclosed in this notice


to the facility. The notice of such findings shall include a
copy of the written determination; the correction order, if
any; the warning notice, if any; the inspection report; or the
State licensure form on which the violation is listed.
(f) A written determination, correction order, or warning
notice concerning a complaint, together with the facility's
response, shall be available for public inspection, but the
name of the complainant or resident shall not be disclosed
without his consent.
(g) A complainant who is dissatisfied with the
determination or investigation by the Department may request a
hearing under Section 3-703. The facility shall be given
notice of any such hearing and may participate in the hearing
as a party. If a facility requests a hearing under Section
3-703 which concerns a matter covered by a complaint, the
complainant shall be given notice and may participate in the
hearing as a party. A request for a hearing by either a
complainant or a facility shall be submitted in writing to the
Department within 30 days after the mailing of the
Department's findings as described in subsection (e) of this
Section. Upon receipt of the request the Department shall
conduct a hearing as provided under Section 3-703.
(g-5) The Department shall conduct an annual review of all
survey activity from the preceding fiscal year and make a
report concerning the complaint and survey process. The report
shall include, but not be limited to:


(1) the total number of complaints received;
(2) the breakdown of 24-hour, 7-day, and 30-day
complaints;
(3) the breakdown of anonymous and non-anonymous
complaints;
(4) the number of complaints that were substantiated
versus unsubstantiated;
(5) the total number of substantiated complaints that
were completed in the time frame determined under
subsection (d);
(6) the total number of informal dispute resolutions
requested;
(7) the total number of informal dispute resolution
requests approved;
(8) the total number of informal dispute resolutions
that were overturned or reduced in severity;
(9) the total number of nurse surveyors hired during
the calendar year;
(10) the total number of nurse surveyors who left
Department employment;
(11) the average length of tenure for nurse surveyors
employed by the Department at the time the report is
created;
(12) the total number of times the Department imposed
discretionary denial of payment within 15 days of notice
and within 2 days of notice as well as the number of times


the discretionary denial of payment took effect; and
(13) any other complaint information requested by the
Long-Term Care Facility Advisory Board created under
Section 2-204 of this Act or the Illinois Long-Term Care
Council created under Section 4.04a of the Illinois Act on
the Aging.
This report shall be provided to the Long-Term Care
Facility Advisory Board, the Illinois Long-Term Care Council,
and the General Assembly. The Long-Term Care Facility Advisory
Board and the Illinois Long-Term Care Council shall review the
report and suggest any changes deemed necessary to the
Department for review and action, including how to investigate
and substantiate anonymous complaints.
(h) Any person who knowingly transmits a false report to
the Department commits the offense of disorderly conduct under
subsection (a)(8) of Section 26-1 of the Criminal Code of
2012.
(Source: P.A. 102-432, eff. 8-20-21; 102-947, eff. 1-1-23;
revised 12-9-22.)
Section 20. The MC/DD Act is amended by changing Sections
3-116, 3-202.5, and 3-702 as follows:
(210 ILCS 46/3-116)
Sec. 3-116. Probationary license. If the applicant has not
been previously licensed or if the facility is not in


operation at the time application is made, the Department
shall issue only a probationary license. A probationary
license shall be valid for 120 days unless sooner suspended or
revoked under Section 3-119. Within 30 days prior to the
termination of a probationary license, the Department shall
fully and completely inspect the facility and, if the facility
meets the applicable requirements for licensure, shall issue a
license under Section 3-109, except that, during a statewide
public health emergency, as defined in the Illinois Emergency
Management Agency Act, the Department shall inspect facilities
within an appropriate time frame to the extent feasible. If
the Department finds that the facility does not meet the
requirements for licensure but has made substantial progress
toward meeting those requirements, the license may be renewed
once for a period not to exceed 120 days from the expiration
date of the initial probationary license.
(Source: P.A. 99-180, eff. 7-29-15.)
(210 ILCS 46/3-202.5)
Sec. 3-202.5. Facility plan review; fees.
(a) Before commencing construction of a new facility or
specified types of alteration or additions to an existing
facility involving major construction, as defined by rule by
the Department, with an estimated cost greater than $100,000,
architectural drawings and specifications for the facility
shall be submitted to the Department for review and approval.


A facility may submit architectural drawings and
specifications for other construction projects for Department
review according to subsection (b) that shall not be subject
to fees under subsection (d). Review of drawings and
specifications shall be conducted by an employee of the
Department meeting the qualifications established by the
Department of Central Management Services class specifications
for such an individual's position or by a person contracting
with the Department who meets those class specifications.
Final approval of the drawings and specifications for
compliance with design and construction standards shall be
obtained from the Department before the alteration, addition,
or new construction is begun.
(b) The Department shall inform an applicant in writing
within 10 working days after receiving drawings and
specifications and the required fee, if any, from the
applicant whether the applicant's submission is complete or
incomplete. Failure to provide the applicant with this notice
within 10 working days shall result in the submission being
deemed complete for purposes of initiating the 60-day 60 day
review period under this Section. If the submission is
incomplete, the Department shall inform the applicant of the
deficiencies with the submission in writing. If the submission
is complete the required fee, if any, has been paid, the
Department shall approve or disapprove drawings and
specifications submitted to the Department no later than 60


days following receipt by the Department. The drawings and
specifications shall be of sufficient detail, as provided by
Department rule, to enable the Department to render a
determination of compliance with design and construction
standards under this Act. If the Department finds that the
drawings are not of sufficient detail for it to render a
determination of compliance, the plans shall be determined to
be incomplete and shall not be considered for purposes of
initiating the 60 day review period. If a submission of
drawings and specifications is incomplete, the applicant may
submit additional information. The 60 day review period shall
not commence until the Department determines that a submission
of drawings and specifications is complete or the submission
is deemed complete. If the Department has not approved or
disapproved the drawings and specifications within 60 days,
the construction, major alteration, or addition shall be
deemed approved. If the drawings and specifications are
disapproved, the Department shall state in writing, with
specificity, the reasons for the disapproval. The entity
submitting the drawings and specifications may submit
additional information in response to the written comments
from the Department or request a reconsideration of the
disapproval. A final decision of approval or disapproval shall
be made within 45 days of the receipt of the additional
information or reconsideration request. If denied, the
Department shall state the specific reasons for the denial.


(c) The Department shall provide written approval for
occupancy pursuant to subsection (g) and shall not issue a
violation to a facility as a result of a licensure or complaint
survey based upon the facility's physical structure if:
(1) the Department reviewed and approved or deemed
approved the drawings and specifications for compliance
with design and construction standards;
(2) the construction, major alteration, or addition
was built as submitted;
(3) the law or rules have not been amended since the
original approval; and
(4) the conditions at the facility indicate that there
is a reasonable degree of safety provided for the
residents.
(d) (Blank).
(e) All fees received by the Department under this Section
shall be deposited into the Health Facility Plan Review Fund,
a special fund created in the State Treasury. Moneys shall be
appropriated from that Fund to the Department only to pay the
costs of conducting reviews under this Section, under Section
3-202.5 of the Nursing Home Care Act, or under Section 3-202.5
of the ID/DD Community Care Act. None of the moneys in the
Health Facility Plan Review Fund shall be used to reduce the
amount of General Revenue Fund moneys appropriated to the
Department for facility plan reviews conducted pursuant to
this Section.


(f) (Blank).
(g) The Department shall conduct an on site inspection of
the completed project no later than 30 days after notification
from the applicant that the project has been completed and all
certifications required by the Department have been received
and accepted by the Department, except that, during a
statewide public health emergency, as defined in the Illinois
Emergency Management Agency Act, the Department shall conduct
an on-site inspection to the extent feasible. The Department
shall provide written approval for occupancy to the applicant
within 5 working days of the Department's final inspection,
provided the applicant has demonstrated substantial compliance
as defined by Department rule. Occupancy of new major
construction is prohibited until Department approval is
received, unless the Department has not acted within the time
frames provided in this subsection (g), in which case the
construction shall be deemed approved. Occupancy shall be
authorized after any required health inspection by the
Department has been conducted.
(h) The Department shall establish, by rule, a procedure
to conduct interim on site review of large or complex
construction projects.
(i) The Department shall establish, by rule, an expedited
process for emergency repairs or replacement of like
equipment.
(j) Nothing in this Section shall be construed to apply to


maintenance, upkeep, or renovation that does not affect the
structural integrity of the building, does not add beds or
services over the number for which the facility is licensed,
and provides a reasonable degree of safety for the residents.
(Source: P.A. 99-180, eff. 7-29-15.)
(210 ILCS 46/3-702)
Sec. 3-702. Request for investigation of violation.
(a) A person who believes that this Act or a rule
promulgated under this Act may have been violated may request
an investigation. The request may be submitted to the
Department in writing, by telephone, by electronic means, or
by personal visit. An oral complaint shall be reduced to
writing by the Department. The Department shall make
available, through its website and upon request, information
regarding the oral and phone intake processes and the list of
questions that will be asked of the complainant. The
Department shall request information identifying the
complainant, including the name, address and telephone number,
to help enable appropriate follow up. The Department shall act
on such complaints via on-site visits or other methods deemed
appropriate to handle the complaints with or without such
identifying information, as otherwise provided under this
Section. The complainant shall be informed that compliance
with such request is not required to satisfy the procedures
for filing a complaint under this Act. The Department must


notify complainants that complaints with less information
provided are far more difficult to respond to and investigate.
(b) The substance of the complaint shall be provided in
writing to the licensee, owner or administrator no earlier
than at the commencement of an on-site inspection of the
facility which takes place pursuant to the complaint.
(c) The Department shall not disclose the name of the
complainant unless the complainant consents in writing to the
disclosure or the investigation results in a judicial
proceeding, or unless disclosure is essential to the
investigation. The complainant shall be given the opportunity
to withdraw the complaint before disclosure. Upon the request
of the complainant, the Department may permit the complainant
or a representative of the complainant to accompany the person
making the on-site inspection of the facility.
(d) Upon receipt of a complaint, the Department shall
determine whether this Act or a rule promulgated under this
Act has been or is being violated. The Department shall
investigate all complaints alleging abuse or neglect within 7
days after the receipt of the complaint except that complaints
of abuse or neglect which indicate that a resident's life or
safety is in imminent danger shall be investigated within 24
hours after receipt of the complaint. All other complaints
shall be investigated within 30 days after the receipt of the
complaint, except that, during a statewide public health
emergency, as defined in the Illinois Emergency Management


Agency Act, all other complaints shall be investigated within
an appropriate time frame to the extent feasible. The
Department employees investigating a complaint shall conduct a
brief, informal exit conference with the facility to alert its
administration of any suspected serious deficiency that poses
a direct threat to the health, safety or welfare of a resident
to enable an immediate correction for the alleviation or
elimination of such threat. Such information and findings
discussed in the brief exit conference shall become a part of
the investigating record but shall not in any way constitute
an official or final notice of violation as provided under
Section 3-301. All complaints shall be classified as "an
invalid report", "a valid report", or "an undetermined
report". For any complaint classified as "a valid report", the
Department must determine within 30 working days if any rule
or provision of this Act has been or is being violated.
(d-1) The Department shall, whenever possible, combine an
on site investigation of a complaint in a facility with other
inspections in order to avoid duplication of inspections.
(e) In all cases, the Department shall inform the
complainant of its findings within 10 days of its
determination unless otherwise indicated by the complainant,
and the complainant may direct the Department to send a copy of
such findings to another person. The Department's findings may
include comments or documentation provided by either the
complainant or the licensee pertaining to the complaint. The


Department shall also notify the facility of such findings
within 10 days of the determination, but the name of the
complainant or residents shall not be disclosed in this notice
to the facility. The notice of such findings shall include a
copy of the written determination; the correction order, if
any; the warning notice, if any; the inspection report; or the
State licensure form on which the violation is listed.
(f) A written determination, correction order, or warning
notice concerning a complaint, together with the facility's
response, shall be available for public inspection, but the
name of the complainant or resident shall not be disclosed
without his or her consent.
(g) A complainant who is dissatisfied with the
determination or investigation by the Department may request a
hearing under Section 3-703. The facility shall be given
notice of any such hearing and may participate in the hearing
as a party. If a facility requests a hearing under Section
3-703 which concerns a matter covered by a complaint, the
complainant shall be given notice and may participate in the
hearing as a party. A request for a hearing by either a
complainant or a facility shall be submitted in writing to the
Department within 30 days after the mailing of the
Department's findings as described in subsection (e) of this
Section. Upon receipt of the request the Department shall
conduct a hearing as provided under Section 3-703.
(g-5) The Department shall conduct an annual review and


make a report concerning the complaint process that includes
the number of complaints received, the breakdown of anonymous
and non-anonymous complaints and whether the complaints were
substantiated or not, the total number of substantiated
complaints, and any other complaint information requested by
the DD Facility Advisory Board. This report shall be provided
to the DD Facility Advisory Board. The DD Facility Advisory
Board shall review the report and suggest any changes deemed
necessary to the Department for review and action, including
how to investigate and substantiate anonymous complaints.
(h) Any person who knowingly transmits a false report to
the Department commits the offense of disorderly conduct under
subsection (a)(8) of Section 26-1 of the Criminal Code of
2012.
(Source: P.A. 99-180, eff. 7-29-15.)
Section 25. The ID/DD Community Care Act is amended by
changing Sections 3-116, 3-206, and 3-702 as follows:
(210 ILCS 47/3-116)
Sec. 3-116. Probationary license. If the applicant has not
been previously licensed or if the facility is not in
operation at the time application is made, the Department
shall issue only a probationary license. A probationary
license shall be valid for 120 days unless sooner suspended or
revoked under Section 3-119. Within 30 days prior to the


termination of a probationary license, the Department shall
fully and completely inspect the facility and, if the facility
meets the applicable requirements for licensure, shall issue a
license under Section 3-109 except that, during a statewide
public health emergency, as defined in the Illinois Emergency
Management Agency Act, the Department shall inspect facilities
within an appropriate time frame to the extent feasible. If
the Department finds that the facility does not meet the
requirements for licensure but has made substantial progress
toward meeting those requirements, the license may be renewed
once for a period not to exceed 120 days from the expiration
date of the initial probationary license.
(Source: P.A. 96-339, eff. 7-1-10.)
(210 ILCS 47/3-206)
Sec. 3-206. Curriculum for training nursing assistants and
aides. The Department shall prescribe a curriculum for
training nursing assistants, habilitation aides, and child
care aides.
(a) No person, except a volunteer who receives no
compensation from a facility and is not included for the
purpose of meeting any staffing requirements set forth by the
Department, shall act as a nursing assistant, habilitation
aide, or child care aide in a facility, nor shall any person,
under any other title, not licensed, certified, or registered
to render medical care by the Department of Financial and


Professional Regulation, assist with the personal, medical, or
nursing care of residents in a facility, unless such person
meets the following requirements:
(1) Be at least 16 years of age, of temperate habits
and good moral character, honest, reliable and
trustworthy.
(2) Be able to speak and understand the English
language or a language understood by a substantial
percentage of the facility's residents.
(3) Provide evidence of employment or occupation, if
any, and residence for 2 years prior to his or her present
employment.
(4) Have completed at least 8 years of grade school or
provide proof of equivalent knowledge.
(5) Begin a current course of training for nursing
assistants, habilitation aides, or child care aides,
approved by the Department, within 45 days of initial
employment in the capacity of a nursing assistant,
habilitation aide, or child care aide at any facility.
Such courses of training shall be successfully completed
within 120 days of initial employment in the capacity of
nursing assistant, habilitation aide, or child care aide
at a facility, except that, during a statewide public
health emergency, as defined in the Illinois Emergency
Management Agency Act, training shall be completed to the
extent feasible. Nursing assistants, habilitation aides,


and child care aides who are enrolled in approved courses
in community colleges or other educational institutions on
a term, semester or trimester basis, shall be exempt from
the 120-day completion time limit. The Department shall
adopt rules for such courses of training. These rules
shall include procedures for facilities to carry on an
approved course of training within the facility.
The Department may accept comparable training in lieu
of the 120-hour course for student nurses, foreign nurses,
military personnel, or employees of the Department of
Human Services.
The facility shall develop and implement procedures,
which shall be approved by the Department, for an ongoing
review process, which shall take place within the
facility, for nursing assistants, habilitation aides, and
child care aides.
At the time of each regularly scheduled licensure
survey, or at the time of a complaint investigation, the
Department may require any nursing assistant, habilitation
aide, or child care aide to demonstrate, either through
written examination or action, or both, sufficient
knowledge in all areas of required training. If such
knowledge is inadequate the Department shall require the
nursing assistant, habilitation aide, or child care aide
to complete inservice training and review in the facility
until the nursing assistant, habilitation aide, or child


care aide demonstrates to the Department, either through
written examination or action, or both, sufficient
knowledge in all areas of required training; and
(6) Be familiar with and have general skills related
to resident care.
(a-0.5) An educational entity, other than a secondary
school, conducting a nursing assistant, habilitation aide, or
child care aide training program shall initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act prior to entry of an individual into the
training program. A secondary school may initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act at any time during or after a training
program.
(a-1) Nursing assistants, habilitation aides, or child
care aides seeking to be included on the Health Care Worker
Registry under the Health Care Worker Background Check Act
must authorize the Department of Public Health or its designee
to request a criminal history record check in accordance with
the Health Care Worker Background Check Act and submit all
necessary information. An individual may not newly be included
on the Health Care Worker Registry unless a criminal history
record check has been conducted with respect to the
individual.
(b) Persons subject to this Section shall perform their
duties under the supervision of a licensed nurse or other


appropriately trained, licensed, or certified personnel.
(c) It is unlawful for any facility to employ any person in
the capacity of nursing assistant, habilitation aide, or child
care aide, or under any other title, not licensed by the State
of Illinois to assist in the personal, medical, or nursing
care of residents in such facility unless such person has
complied with this Section.
(d) Proof of compliance by each employee with the
requirements set out in this Section shall be maintained for
each such employee by each facility in the individual
personnel folder of the employee. Proof of training shall be
obtained only from the Health Care Worker Registry.
(e) Each facility shall obtain access to the Health Care
Worker Registry's web application, maintain the employment and
demographic information relating to each employee, and verify
by the category and type of employment that each employee
subject to this Section meets all the requirements of this
Section.
(f) Any facility that is operated under Section 3-803
shall be exempt from the requirements of this Section.
(g) Each skilled nursing and intermediate care facility
that admits persons who are diagnosed as having Alzheimer's
disease or related dementias shall require all nursing
assistants, habilitation aides, or child care aides, who did
not receive 12 hours of training in the care and treatment of
such residents during the training required under paragraph


(5) of subsection (a), to obtain 12 hours of in house training
in the care and treatment of such residents. If the facility
does not provide the training in house, the training shall be
obtained from other facilities, community colleges or other
educational institutions that have a recognized course for
such training. The Department shall, by rule, establish a
recognized course for such training.
The Department's rules shall provide that such training
may be conducted in house at each facility subject to the
requirements of this subsection, in which case such training
shall be monitored by the Department. The Department's rules
shall also provide for circumstances and procedures whereby
any person who has received training that meets the
requirements of this subsection shall not be required to
undergo additional training if he or she is transferred to or
obtains employment at a different facility or a facility other
than those licensed under this Act but remains continuously
employed as a nursing assistant, habilitation aide, or child
care aide. Individuals who have performed no nursing,
nursing-related services, or habilitation services for a
period of 24 consecutive months shall be listed as inactive
and as such do not meet the requirements of this Section.
Licensed sheltered care facilities shall be exempt from the
requirements of this Section.
(Source: P.A. 100-432, eff. 8-25-17.)


(210 ILCS 47/3-702)
Sec. 3-702. Request for investigation of violation.
(a) A person who believes that this Act or a rule
promulgated under this Act may have been violated may request
an investigation. The request may be submitted to the
Department in writing, by telephone, by electronic means, or
by personal visit. An oral complaint shall be reduced to
writing by the Department. The Department shall make
available, through its website and upon request, information
regarding the oral and phone intake processes and the list of
questions that will be asked of the complainant. The
Department shall request information identifying the
complainant, including the name, address and telephone number,
to help enable appropriate follow up. The Department shall act
on such complaints via on-site visits or other methods deemed
appropriate to handle the complaints with or without such
identifying information, as otherwise provided under this
Section. The complainant shall be informed that compliance
with such request is not required to satisfy the procedures
for filing a complaint under this Act. The Department must
notify complainants that complaints with less information
provided are far more difficult to respond to and investigate.
(b) The substance of the complaint shall be provided in
writing to the licensee, owner or administrator no earlier
than at the commencement of an on-site inspection of the
facility which takes place pursuant to the complaint.


(c) The Department shall not disclose the name of the
complainant unless the complainant consents in writing to the
disclosure or the investigation results in a judicial
proceeding, or unless disclosure is essential to the
investigation. The complainant shall be given the opportunity
to withdraw the complaint before disclosure. Upon the request
of the complainant, the Department may permit the complainant
or a representative of the complainant to accompany the person
making the on-site inspection of the facility.
(d) Upon receipt of a complaint, the Department shall
determine whether this Act or a rule promulgated under this
Act has been or is being violated. The Department shall
investigate all complaints alleging abuse or neglect within 7
days after the receipt of the complaint except that complaints
of abuse or neglect which indicate that a resident's life or
safety is in imminent danger shall be investigated within 24
hours after receipt of the complaint. All other complaints
shall be investigated within 30 days after the receipt of the
complaint, except that, during a statewide public health
emergency, as defined in the Illinois Emergency Management
Agency Act, all other complaints shall be investigated within
an appropriate time frame to the extent feasible. The
Department employees investigating a complaint shall conduct a
brief, informal exit conference with the facility to alert its
administration of any suspected serious deficiency that poses
a direct threat to the health, safety or welfare of a resident


to enable an immediate correction for the alleviation or
elimination of such threat. Such information and findings
discussed in the brief exit conference shall become a part of
the investigating record but shall not in any way constitute
an official or final notice of violation as provided under
Section 3-301. All complaints shall be classified as "an
invalid report", "a valid report", or "an undetermined
report". For any complaint classified as "a valid report", the
Department must determine within 30 working days if any rule
or provision of this Act has been or is being violated.
(d-1) The Department shall, whenever possible, combine an
on site investigation of a complaint in a facility with other
inspections in order to avoid duplication of inspections.
(e) In all cases, the Department shall inform the
complainant of its findings within 10 days of its
determination unless otherwise indicated by the complainant,
and the complainant may direct the Department to send a copy of
such findings to another person. The Department's findings may
include comments or documentation provided by either the
complainant or the licensee pertaining to the complaint. The
Department shall also notify the facility of such findings
within 10 days of the determination, but the name of the
complainant or residents shall not be disclosed in this notice
to the facility. The notice of such findings shall include a
copy of the written determination; the correction order, if
any; the warning notice, if any; the inspection report; or the


State licensure form on which the violation is listed.
(f) A written determination, correction order, or warning
notice concerning a complaint, together with the facility's
response, shall be available for public inspection, but the
name of the complainant or resident shall not be disclosed
without his or her consent.
(g) A complainant who is dissatisfied with the
determination or investigation by the Department may request a
hearing under Section 3-703. The facility shall be given
notice of any such hearing and may participate in the hearing
as a party. If a facility requests a hearing under Section
3-703 which concerns a matter covered by a complaint, the
complainant shall be given notice and may participate in the
hearing as a party. A request for a hearing by either a
complainant or a facility shall be submitted in writing to the
Department within 30 days after the mailing of the
Department's findings as described in subsection (e) of this
Section. Upon receipt of the request the Department shall
conduct a hearing as provided under Section 3-703.
(g-5) The Department shall conduct an annual review and
make a report concerning the complaint process that includes
the number of complaints received, the breakdown of anonymous
and non-anonymous complaints and whether the complaints were
substantiated or not, the total number of substantiated
complaints, and any other complaint information requested by
the DD Facility Advisory Board. This report shall be provided


to the DD Facility Advisory Board. The DD Facility Advisory
Board shall review the report and suggest any changes deemed
necessary to the Department for review and action, including
how to investigate and substantiate anonymous complaints.
(h) Any person who knowingly transmits a false report to
the Department commits the offense of disorderly conduct under
subsection (a)(8) of Section 26-1 of the Criminal Code of
2012.
(Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14.)
Section 30. The Specialized Mental Health Rehabilitation
Act of 2013 is amended by changing Section 4-105 as follows:
(210 ILCS 49/4-105)
Sec. 4-105. Provisional licensure duration. A provisional
license shall be valid upon fulfilling the requirements
established by the Department by emergency rule. The license
shall remain valid as long as a facility remains in compliance
with the licensure provisions established in rule. Provisional
licenses issued upon initial licensure as a specialized mental
health rehabilitation facility shall expire at the end of a
3-year period, which commences on the date the provisional
license is issued. Issuance of a provisional license for any
reason other than initial licensure (including, but not
limited to, change of ownership, location, number of beds, or
services) shall not extend the maximum 3-year period, at the


end of which a facility must be licensed pursuant to Section
4-201. An extension for 120 days may be granted if requested
and approved by the Department. Notwithstanding any other
provision of this Act or the Specialized Mental Health
Rehabilitation Facilities Code, 77 Ill. Adm. Admin. Code 380,
to the contrary, if a facility has received notice from the
Department that its application for provisional licensure to
provide recovery and rehabilitation services has been accepted
as complete and the facility has attested in writing to the
Department that it will comply with the staff training plan
approved by the Division of Mental Health, then a provisional
license for recovery and rehabilitation services shall be
issued to the facility within 60 days after the Department
determines that the facility is in compliance with the
requirements of the Life Safety Code in accordance with
Section 4-104.5 of this Act.
(Source: P.A. 99-712, eff. 8-5-16; 100-365, eff. 8-25-17;
revised 2-28-22.)
Section 35. The Illinois Insurance Code is amended by
adding Section 356z.61 as follows:
(215 ILCS 5/356z.61 new)
Sec. 356z.61. Coverage of pharmacy testing, screening,
vaccinations, and treatment.
A group or individual policy of accident and health


insurance or a managed care plan that is amended, delivered,
issued, or renewed on or after January 1, 2025 shall provide
coverage for health care or patient care services provided by
a pharmacist if:
(1) the pharmacist meets the requirements and scope of
practice described in paragraph (15), (16), or (17) of
subsection (d) of Section 3 of the Pharmacy Practice Act;
(2) the health plan provides coverage for the same
service provided by a licensed physician, an advanced
practice registered nurse, or a physician assistant;
(3) the pharmacist is included in the health benefit
plan's network of participating providers; and
(4) reimbursement has been successfully negotiated in
good faith between the pharmacist and the health plan.
Section 45. The Medical Practice Act of 1987 is amended by
changing Sections 2 and 54.2 as follows:
(225 ILCS 60/2) (from Ch. 111, par. 4400-2)
(Section scheduled to be repealed on January 1, 2027)
Sec. 2. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
"Act" means the Medical Practice Act of 1987.
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application


file or license file as maintained by the Department's
licensure maintenance unit.
"Chiropractic physician" means a person licensed to treat
human ailments without the use of drugs and without operative
surgery. Nothing in this Act shall be construed to prohibit a
chiropractic physician from providing advice regarding the use
of non-prescription products or from administering atmospheric
oxygen. Nothing in this Act shall be construed to authorize a
chiropractic physician to prescribe drugs.
"Department" means the Department of Financial and
Professional Regulation.
"Disciplinary action" means revocation, suspension,
probation, supervision, practice modification, reprimand,
required education, fines or any other action taken by the
Department against a person holding a license.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
"Final determination" means the governing body's final
action taken under the procedure followed by a health care
institution, or professional association or society, against
any person licensed under the Act in accordance with the
bylaws or rules and regulations of such health care
institution, or professional association or society.
"Fund" means the Illinois State Medical Disciplinary Fund.


"Impaired" means the inability to practice medicine with
reasonable skill and safety due to physical or mental
disabilities as evidenced by a written determination or
written consent based on clinical evidence including
deterioration through the aging process or loss of motor
skill, or abuse of drugs or alcohol, of sufficient degree to
diminish a person's ability to deliver competent patient care.
"International medical graduate" means a medical graduate
(i) who has been trained in a country other than the United
States; (ii) whose education has been certified by the
Educational Commission for Foreign Medical Graduates; (iii)
who has passed Step 1, Step 2 Clinical Knowledge, and Step 3 of
the United States Medical Licensing Examination as required by
this Act; (iv) who maintains an unencumbered license from
another country; and (v) who is not licensed to practice
medicine in any state or territory of the United States.
"Medical Board" means the Illinois State Medical Board.
"Physician" means a person licensed under the Medical
Practice Act to practice medicine in all of its branches or a
chiropractic physician.
"Professional association" means an association or society
of persons licensed under this Act, and operating within the
State of Illinois, including but not limited to, medical
societies, osteopathic organizations, and chiropractic
organizations, but this term shall not be deemed to include
hospital medical staffs.


"Program of care, counseling, or treatment" means a
written schedule of organized treatment, care, counseling,
activities, or education, satisfactory to the Medical Board,
designed for the purpose of restoring an impaired person to a
condition whereby the impaired person can practice medicine
with reasonable skill and safety of a sufficient degree to
deliver competent patient care.
"Reinstate" means to change the status of a license or
permit from inactive or nonrenewed status to active status.
"Restore" means to remove an encumbrance from a license
due to probation, suspension, or revocation.
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 102-20, eff. 1-1-22; 102-1117, eff. 1-13-23.)
(225 ILCS 60/54.2)
(Section scheduled to be repealed on January 1, 2027)
Sec. 54.2. Physician delegation of authority.
(a) Nothing in this Act shall be construed to limit the
delegation of patient care tasks or duties by a physician, to a
licensed practical nurse, a registered professional nurse, or
other licensed person practicing within the scope of his or
her individual licensing Act. Delegation by a physician
licensed to practice medicine in all its branches to physician
assistants or advanced practice registered nurses is also
addressed in Section 54.5 of this Act. No physician may


delegate any patient care task or duty that is statutorily or
by rule mandated to be performed by a physician.
(b) In an office or practice setting and within a
physician-patient relationship, a physician may delegate
patient care tasks or duties to an unlicensed person who
possesses appropriate training and experience provided a
health care professional, who is practicing within the scope
of such licensed professional's individual licensing Act, is
on site to provide assistance.
(c) Any such patient care task or duty delegated to a
licensed or unlicensed person must be within the scope of
practice, education, training, or experience of the delegating
physician and within the context of a physician-patient
relationship.
(d) Nothing in this Section shall be construed to affect
referrals for professional services required by law.
(e) The Department shall have the authority to promulgate
rules concerning a physician's delegation, including but not
limited to, the use of light emitting devices for patient care
or treatment.
(f) Nothing in this Act shall be construed to limit the
method of delegation that may be authorized by any means,
including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
(g) A physician licensed to practice medicine in all of
its branches under this Act may delegate any and all authority


prescribed to him or her by law to international medical
graduate physicians, so long as the tasks or duties are within
the scope of practice, education, training, or experience of
the delegating physician who is on site to provide assistance.
An international medical graduate working in Illinois pursuant
to this subsection is subject to all statutory and regulatory
requirements of this Act, as applicable, relating to the
standards of care. An international medical graduate physician
is limited to providing treatment under the supervision of a
physician licensed to practice medicine in all of its
branches. The supervising physician or employer must keep
record of and make available upon request by the Department
the following: (1) evidence of education certified by the
Educational Commission for Foreign Medical Graduates; (2)
evidence of passage of Step 1, Step 2 Clinical Knowledge, and
Step 3 of the United States Medical Licensing Examination as
required by this Act; and (3) evidence of an unencumbered
license from another country. This subsection does not apply
to any international medical graduate whose license as a
physician is revoked, suspended, or otherwise encumbered.
(Source: P.A. 100-513, eff. 1-1-18.)
Section 50. The Pharmacy Practice Act is amended by
changing Section 3 and by adding Section 9.6 as follows:
(225 ILCS 85/3)


(Section scheduled to be repealed on January 1, 2028)
Sec. 3. Definitions. For the purpose of this Act, except
where otherwise limited therein:
(a) "Pharmacy" or "drugstore" means and includes every
store, shop, pharmacy department, or other place where
pharmacist care is provided by a pharmacist (1) where drugs,
medicines, or poisons are dispensed, sold or offered for sale
at retail, or displayed for sale at retail; or (2) where
prescriptions of physicians, dentists, advanced practice
registered nurses, physician assistants, veterinarians,
podiatric physicians, or optometrists, within the limits of
their licenses, are compounded, filled, or dispensed; or (3)
which has upon it or displayed within it, or affixed to or used
in connection with it, a sign bearing the word or words
"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
"Drugs", "Dispensary", "Medicines", or any word or words of
similar or like import, either in the English language or any
other language; or (4) where the characteristic prescription
sign (Rx) or similar design is exhibited; or (5) any store, or
shop, or other place with respect to which any of the above
words, objects, signs or designs are used in any
advertisement.
(b) "Drugs" means and includes (1) articles recognized in
the official United States Pharmacopoeia/National Formulary
(USP/NF), or any supplement thereto and being intended for and


having for their main use the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other animals, as
approved by the United States Food and Drug Administration,
but does not include devices or their components, parts, or
accessories; and (2) all other articles intended for and
having for their main use the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other animals, as
approved by the United States Food and Drug Administration,
but does not include devices or their components, parts, or
accessories; and (3) articles (other than food) having for
their main use and intended to affect the structure or any
function of the body of man or other animals; and (4) articles
having for their main use and intended for use as a component
or any articles specified in clause (1), (2) or (3); but does
not include devices or their components, parts or accessories.
(c) "Medicines" means and includes all drugs intended for
human or veterinary use approved by the United States Food and
Drug Administration.
(d) "Practice of pharmacy" means:
(1) the interpretation and the provision of assistance
in the monitoring, evaluation, and implementation of
prescription drug orders;
(2) the dispensing of prescription drug orders;
(3) participation in drug and device selection;
(4) drug administration limited to the administration
of oral, topical, injectable, and inhalation as follows:


(A) in the context of patient education on the
proper use or delivery of medications;
(B) vaccination of patients 7 years of age and
older pursuant to a valid prescription or standing
order, by a physician licensed to practice medicine in
all its branches, except for vaccinations covered by
paragraph (15), upon completion of appropriate
training, including how to address contraindications
and adverse reactions set forth by rule, with
notification to the patient's physician and
appropriate record retention, or pursuant to hospital
pharmacy and therapeutics committee policies and
procedures. Eligible vaccines are those listed on the
U.S. Centers for Disease Control and Prevention (CDC)
Recommended Immunization Schedule, the CDC's Health
Information for International Travel, or the U.S. Food
and Drug Administration's Vaccines Licensed and
Authorized for Use in the United States. As applicable
to the State's Medicaid program and other payers,
vaccines ordered and administered in accordance with
this subsection shall be covered and reimbursed at no
less than the rate that the vaccine is reimbursed when
ordered and administered by a physician;
(B-5) following the initial administration of
long-acting or extended-release form opioid
antagonists by a physician licensed to practice


medicine in all its branches, administration of
injections of long-acting or extended-release form
opioid antagonists for the treatment of substance use
disorder, pursuant to a valid prescription by a
physician licensed to practice medicine in all its
branches, upon completion of appropriate training,
including how to address contraindications and adverse
reactions, including, but not limited to, respiratory
depression and the performance of cardiopulmonary
resuscitation, set forth by rule, with notification to
the patient's physician and appropriate record
retention, or pursuant to hospital pharmacy and
therapeutics committee policies and procedures;
(C) administration of injections of
alpha-hydroxyprogesterone caproate, pursuant to a
valid prescription, by a physician licensed to
practice medicine in all its branches, upon completion
of appropriate training, including how to address
contraindications and adverse reactions set forth by
rule, with notification to the patient's physician and
appropriate record retention, or pursuant to hospital
pharmacy and therapeutics committee policies and
procedures; and
(D) administration of injections of long-term
antipsychotic medications pursuant to a valid
prescription by a physician licensed to practice


medicine in all its branches, upon completion of
appropriate training conducted by an Accreditation
Council of Pharmaceutical Education accredited
provider, including how to address contraindications
and adverse reactions set forth by rule, with
notification to the patient's physician and
appropriate record retention, or pursuant to hospital
pharmacy and therapeutics committee policies and
procedures.
(5) (blank);
(6) drug regimen review;
(7) drug or drug-related research;
(8) the provision of patient counseling;
(9) the practice of telepharmacy;
(10) the provision of those acts or services necessary
to provide pharmacist care;
(11) medication therapy management;
(12) the responsibility for compounding and labeling
of drugs and devices (except labeling by a manufacturer,
repackager, or distributor of non-prescription drugs and
commercially packaged legend drugs and devices), proper
and safe storage of drugs and devices, and maintenance of
required records;
(13) the assessment and consultation of patients and
dispensing of hormonal contraceptives; and
(14) the initiation, dispensing, or administration of


drugs, laboratory tests, assessments, referrals, and
consultations for human immunodeficiency virus
pre-exposure prophylaxis and human immunodeficiency virus
post-exposure prophylaxis under Section 43.5; .
(15) vaccination of patients 7 years of age and older
for COVID-19 or influenza subcutaneously, intramuscularly,
or orally as authorized, approved, or licensed by the
United States Food and Drug Administration, pursuant to
the following conditions:
(A) the vaccine must be authorized or licensed by
the United States Food and Drug Administration;
(B) the vaccine must be ordered and administered
according to the Advisory Committee on Immunization
Practices standard immunization schedule;
(C) the pharmacist must complete a course of
training accredited by the Accreditation Council on
Pharmacy Education or a similar health authority or
professional body approved by the Division of
Professional Regulation;
(D) the pharmacist must have a current certificate
in basic cardiopulmonary resuscitation;
(E) the pharmacist must complete, during each
State licensing period, a minimum of 2 hours of
immunization-related continuing pharmacy education
approved by the Accreditation Council on Pharmacy
Education;


(F) the pharmacist must comply with recordkeeping
and reporting requirements of the jurisdiction in
which the pharmacist administers vaccines, including
informing the patient's primary-care provider, when
available, and complying with requirements whereby the
person administering a vaccine must review the vaccine
registry or other vaccination records prior to
administering the vaccine; and
(G) the pharmacist must inform the pharmacist's
patients who are less than 18 years old, as well as the
adult caregiver accompanying the child, of the
importance of a well-child visit with a pediatrician
or other licensed primary-care provider and must refer
patients as appropriate;
(16) the ordering and administration of COVID-19
therapeutics subcutaneously, intramuscularly, or orally
with notification to the patient's physician and
appropriate record retention or pursuant to hospital
pharmacy and therapeutics committee policies and
procedures. Eligible therapeutics are those approved,
authorized, or licensed by the United States Food and Drug
Administration and must be administered subcutaneously,
intramuscularly, or orally in accordance with that
approval, authorization, or licensing; and
(17) the ordering and administration of tests and
screenings for (i) influenza, (ii) SARS-COV 2, and (iii)


health conditions identified by a statewide public health
emergency, as defined in the Illinois Emergency Management
Agency Act, with notification to the patient's physician
and appropriate record retention or pursuant to hospital
pharmacy and therapeutics committee policies and
procedures. Eligible tests and screenings are those
approved, authorized, or licensed by the United States
Food and Drug Administration and must be administered in
accordance with that approval, authorization, or
licensing.
A pharmacist who orders or administers tests or
screenings for health conditions described in this
paragraph may use a test that may guide clinical
decision-making for the health condition that is waived
under the federal Clinical Laboratory Improvement
Amendments of 1988 and regulations promulgated thereunder
or any established screening procedure that is established
under a statewide protocol.
A pharmacist may delegate the administrative and
technical tasks of performing a test for the health
conditions described in this paragraph to a registered
pharmacy technician or student pharmacist acting under the
supervision of the pharmacist.
A pharmacist who performs any of the acts defined as the
practice of pharmacy in this State must be actively licensed
as a pharmacist under this Act.


(e) "Prescription" means and includes any written, oral,
facsimile, or electronically transmitted order for drugs or
medical devices, issued by a physician licensed to practice
medicine in all its branches, dentist, veterinarian, podiatric
physician, or optometrist, within the limits of his or her
license, by a physician assistant in accordance with
subsection (f) of Section 4, or by an advanced practice
registered nurse in accordance with subsection (g) of Section
4, containing the following: (1) name of the patient; (2) date
when prescription was issued; (3) name and strength of drug or
description of the medical device prescribed; and (4)
quantity; (5) directions for use; (6) prescriber's name,
address, and signature; and (7) DEA registration number where
required, for controlled substances. The prescription may, but
is not required to, list the illness, disease, or condition
for which the drug or device is being prescribed. DEA
registration numbers shall not be required on inpatient drug
orders. A prescription for medication other than controlled
substances shall be valid for up to 15 months from the date
issued for the purpose of refills, unless the prescription
states otherwise.
(f) "Person" means and includes a natural person,
partnership, association, corporation, government entity, or
any other legal entity.
(g) "Department" means the Department of Financial and
Professional Regulation.


(h) "Board of Pharmacy" or "Board" means the State Board
of Pharmacy of the Department of Financial and Professional
Regulation.
(i) "Secretary" means the Secretary of Financial and
Professional Regulation.
(j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section
25 of this Act and Section 3.14 of the Illinois Food, Drug and
Cosmetic Act.
(k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act, the ID/DD Community
Care Act, the MC/DD Act, the Specialized Mental Health
Rehabilitation Act of 2013, the Hospital Licensing Act, or the
University of Illinois Hospital Act, or a facility which is
operated by the Department of Human Services (as successor to
the Department of Mental Health and Developmental
Disabilities) or the Department of Corrections.
(k-5) "Pharmacist" means an individual health care
professional and provider currently licensed by this State to
engage in the practice of pharmacy.
(l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license and who is
responsible for all aspects of the operation related to the
practice of pharmacy.
(m) "Dispense" or "dispensing" means the interpretation,


evaluation, and implementation of a prescription drug order,
including the preparation and delivery of a drug or device to a
patient or patient's agent in a suitable container
appropriately labeled for subsequent administration to or use
by a patient in accordance with applicable State and federal
laws and regulations. "Dispense" or "dispensing" does not mean
the physical delivery to a patient or a patient's
representative in a home or institution by a designee of a
pharmacist or by common carrier. "Dispense" or "dispensing"
also does not mean the physical delivery of a drug or medical
device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while the
pharmacist is on duty and the pharmacy is open.
(n) "Nonresident pharmacy" means a pharmacy that is
located in a state, commonwealth, or territory of the United
States, other than Illinois, that delivers, dispenses, or
distributes, through the United States Postal Service,
commercially acceptable parcel delivery service, or other
common carrier, to Illinois residents, any substance which
requires a prescription.
(o) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on
the prescriber-patient-pharmacist relationship in the course
of professional practice or (2) for the purpose of, or
incident to, research, teaching, or chemical analysis and not


for sale or dispensing. "Compounding" includes the preparation
of drugs or devices in anticipation of receiving prescription
drug orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if all of the
following conditions are met: (i) the commercial product is
not reasonably available from normal distribution channels in
a timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(p) (Blank).
(q) (Blank).
(r) "Patient counseling" means the communication between a
pharmacist or a student pharmacist under the supervision of a
pharmacist and a patient or the patient's representative about
the patient's medication or device for the purpose of
optimizing proper use of prescription medications or devices.
"Patient counseling" may include without limitation (1)
obtaining a medication history; (2) acquiring a patient's
allergies and health conditions; (3) facilitation of the
patient's understanding of the intended use of the medication;
(4) proper directions for use; (5) significant potential
adverse events; (6) potential food-drug interactions; and (7)
the need to be compliant with the medication therapy. A
pharmacy technician may only participate in the following
aspects of patient counseling under the supervision of a


pharmacist: (1) obtaining medication history; (2) providing
the offer for counseling by a pharmacist or student
pharmacist; and (3) acquiring a patient's allergies and health
conditions.
(s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient
prescription information, including prescriptions for
controlled substances, and personal information.
(t) (Blank).
(u) "Medical device" or "device" means an instrument,
apparatus, implement, machine, contrivance, implant, in vitro
reagent, or other similar or related article, including any
component part or accessory, required under federal law to
bear the label "Caution: Federal law requires dispensing by or
on the order of a physician". A seller of goods and services
who, only for the purpose of retail sales, compounds, sells,
rents, or leases medical devices shall not, by reasons
thereof, be required to be a licensed pharmacy.
(v) "Unique identifier" means an electronic signature,
handwritten signature or initials, thumb print, or other
acceptable biometric or electronic identification process as
approved by the Department.
(w) "Current usual and customary retail price" means the
price that a pharmacy charges to a non-third-party payor.
(x) "Automated pharmacy system" means a mechanical system
located within the confines of the pharmacy or remote location


that performs operations or activities, other than compounding
or administration, relative to storage, packaging, dispensing,
or distribution of medication, and which collects, controls,
and maintains all transaction information.
(y) "Drug regimen review" means and includes the
evaluation of prescription drug orders and patient records for
(1) known allergies; (2) drug or potential therapy
contraindications; (3) reasonable dose, duration of use, and
route of administration, taking into consideration factors
such as age, gender, and contraindications; (4) reasonable
directions for use; (5) potential or actual adverse drug
reactions; (6) drug-drug interactions; (7) drug-food
interactions; (8) drug-disease contraindications; (9)
therapeutic duplication; (10) patient laboratory values when
authorized and available; (11) proper utilization (including
over or under utilization) and optimum therapeutic outcomes;
and (12) abuse and misuse.
(z) "Electronically transmitted prescription" means a
prescription that is created, recorded, or stored by
electronic means; issued and validated with an electronic
signature; and transmitted by electronic means directly from
the prescriber to a pharmacy. An electronic prescription is
not an image of a physical prescription that is transferred by
electronic means from computer to computer, facsimile to
facsimile, or facsimile to computer.
(aa) "Medication therapy management services" means a


distinct service or group of services offered by licensed
pharmacists, physicians licensed to practice medicine in all
its branches, advanced practice registered nurses authorized
in a written agreement with a physician licensed to practice
medicine in all its branches, or physician assistants
authorized in guidelines by a supervising physician that
optimize therapeutic outcomes for individual patients through
improved medication use. In a retail or other non-hospital
pharmacy, medication therapy management services shall consist
of the evaluation of prescription drug orders and patient
medication records to resolve conflicts with the following:
(1) known allergies;
(2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as
age, gender, and contraindications;
(4) reasonable directions for use;
(5) potential or actual adverse drug reactions;
(6) drug-drug interactions;
(7) drug-food interactions;
(8) drug-disease contraindications;
(9) identification of therapeutic duplication;
(10) patient laboratory values when authorized and
available;
(11) proper utilization (including over or under
utilization) and optimum therapeutic outcomes; and


(12) drug abuse and misuse.
"Medication therapy management services" includes the
following:
(1) documenting the services delivered and
communicating the information provided to patients'
prescribers within an appropriate time frame, not to
exceed 48 hours;
(2) providing patient counseling designed to enhance a
patient's understanding and the appropriate use of his or
her medications; and
(3) providing information, support services, and
resources designed to enhance a patient's adherence with
his or her prescribed therapeutic regimens.
"Medication therapy management services" may also include
patient care functions authorized by a physician licensed to
practice medicine in all its branches for his or her
identified patient or groups of patients under specified
conditions or limitations in a standing order from the
physician.
"Medication therapy management services" in a licensed
hospital may also include the following:
(1) reviewing assessments of the patient's health
status; and
(2) following protocols of a hospital pharmacy and
therapeutics committee with respect to the fulfillment of
medication orders.


(bb) "Pharmacist care" means the provision by a pharmacist
of medication therapy management services, with or without the
dispensing of drugs or devices, intended to achieve outcomes
that improve patient health, quality of life, and comfort and
enhance patient safety.
(cc) "Protected health information" means individually
identifiable health information that, except as otherwise
provided, is:
(1) transmitted by electronic media;
(2) maintained in any medium set forth in the
definition of "electronic media" in the federal Health
Insurance Portability and Accountability Act; or
(3) transmitted or maintained in any other form or
medium.
"Protected health information" does not include
individually identifiable health information found in:
(1) education records covered by the federal Family
Educational Right and Privacy Act; or
(2) employment records held by a licensee in its role
as an employer.
(dd) "Standing order" means a specific order for a patient
or group of patients issued by a physician licensed to
practice medicine in all its branches in Illinois.
(ee) "Address of record" means the designated address
recorded by the Department in the applicant's application file
or licensee's license file maintained by the Department's


licensure maintenance unit.
(ff) "Home pharmacy" means the location of a pharmacy's
primary operations.
(gg) "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
(Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21;
102-103, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff.
5-13-22; 102-1051, eff. 1-1-23.)
(225 ILCS 85/9.6 new)
Sec. 9.6. Administration of vaccines and therapeutics by
registered pharmacy technicians and student pharmacists.
(a) Under the supervision of an appropriately trained
pharmacist, a registered pharmacy technician or student
pharmacist may administer COVID-19 and influenza vaccines
subcutaneously, intramuscularly, or orally as authorized,
approved, or licensed by the United States Food and Drug
Administration, subject to the following conditions:
(1) the vaccination must be ordered by the supervising
pharmacist;
(2) the supervising pharmacist must be readily and
immediately available to the immunizing pharmacy
technician or student pharmacist;
(3) the pharmacy technician or student pharmacist must


complete a practical training program that is approved by
the Accreditation Council for Pharmacy Education and that
includes hands-on injection technique training and
training in the recognition and treatment of emergency
reactions to vaccines;
(4) the pharmacy technician or student pharmacist must
have a current certificate in basic cardiopulmonary
resuscitation;
(5) the pharmacy technician or student pharmacist must
complete, during the relevant licensing period, a minimum
of 2 hours of immunization-related continuing pharmacy
education that is approved by the Accreditation Council
for Pharmacy Education;
(6) the supervising pharmacist must comply with all
relevant recordkeeping and reporting requirements;
(7) the supervising pharmacist must be responsible for
complying with requirements related to reporting adverse
events;
(8) the supervising pharmacist must review the vaccine
registry or other vaccination records prior to ordering
the vaccination to be administered by the pharmacy
technician or student pharmacist;
(9) the pharmacy technician or student pharmacist
must, if the patient is 18 years of age or younger, inform
the patient and the adult caregiver accompanying the
patient of the importance of a well-child visit with a


pediatrician or other licensed primary-care provider and
must refer patients as appropriate;
(10) in the case of a COVID-19 vaccine, the
vaccination must be ordered and administered according to
the Advisory Committee on Immunization Practices' COVID-19
vaccine recommendations;
(11) in the case of a COVID-19 vaccine, the
supervising pharmacist must comply with any applicable
requirements or conditions of use as set forth in the
Centers for Disease Control and Prevention COVID-19
vaccination provider agreement and any other federal
requirements that apply to the administration of COVID-19
vaccines being administered; and
(12) the registered pharmacy technician or student
pharmacist and the supervising pharmacist must comply with
all other requirements of this Act and the rules adopted
thereunder pertaining to the administration of drugs.
(b) Under the supervision of an appropriately trained
pharmacist, a registered pharmacy technician or student
pharmacist may administer COVID-19 therapeutics
subcutaneously, intramuscularly, or orally as authorized,
approved, or licensed by the United States Food and Drug
Administration, subject to the following conditions:
(1) the COVID-19 therapeutic must be authorized,
approved or licensed by the United States Food and Drug
Administration;


(2) the COVID-19 therapeutic must be administered
subcutaneously, intramuscularly, or orally in accordance
with the United States Food and Drug Administration
approval, authorization, or licensing;
(3) a pharmacy technician or student pharmacist
practicing pursuant to this Section must complete a
practical training program that is approved by the
Accreditation Council for Pharmacy Education and that
includes hands-on injection technique training, clinical
evaluation of indications and contraindications of
COVID-19 therapeutics training, training in the
recognition and treatment of emergency reactions to
COVID-19 therapeutics, and any additional training
required in the United States Food and Drug Administration
approval, authorization, or licensing;
(4) the pharmacy technician or student pharmacist must
have a current certificate in basic cardiopulmonary
resuscitation;
(5) the pharmacy technician or student pharmacist must
comply with any applicable requirements or conditions of
use that apply to the administration of COVID-19
therapeutics;
(6) the supervising pharmacist must comply with all
relevant recordkeeping and reporting requirements;
(7) the supervising pharmacist must be readily and
immediately available to the pharmacy technician or


student pharmacist; and
(8) the registered pharmacy technician or student
pharmacist and the supervising pharmacist must comply with
all other requirements of this Act and the rules adopted
thereunder pertaining to the administration of drugs.
Section 55. The Illinois Speech-Language Pathology and
Audiology Practice Act is amended by changing Section 8.8 as
follows:
(225 ILCS 110/8.8)
(Section scheduled to be repealed on January 1, 2028)
Sec. 8.8. Supervision of speech-language pathology
assistants.
(a) A speech-language pathology assistant shall practice
only under the supervision of a speech-language pathologist
who has at least 2 years experience in addition to the
supervised professional experience required under subsection
(f) of Section 8 of this Act. A speech-language pathologist
who supervises a speech-language pathology assistant (i) must
have completed at least 6 clock hours of training in
supervision related to speech-language pathology, and (ii)
must complete at least 2 clock hours of continuing education
in supervision related to speech-language pathology in each
new licensing cycle after completion of the initial training
required under item (i). The Department shall promulgate rules


describing the supervision training requirements. The rules
may allow a speech-language pathologist to apply to the Board
for an exemption from this training requirement based upon
prior supervisory experience.
(b) A speech-language pathology assistant must be under
the direct supervision of a speech-language pathologist at
least 30% of the speech-language pathology assistant's actual
patient or client contact time per patient or client during
the first 90 days of initial employment as a speech-language
pathology assistant. Thereafter, a speech-language pathology
assistant must be under the direct supervision of a
speech-language pathologist at least 20% of the
speech-language pathology assistant's actual patient or client
contact time per patient or client. Supervision of a
speech-language pathology assistant beyond the minimum
requirements of this subsection may be imposed at the
discretion of the supervising speech-language pathologist. A
supervising speech-language pathologist must be available to
communicate with a speech-language pathology assistant
whenever the assistant is in contact with a patient or client.
(c) A speech-language pathologist that supervises a
speech-language pathology assistant must document direct
supervision activities. At a minimum, supervision
documentation must provide (i) information regarding the
quality of the speech-language pathology assistant's
performance of assigned duties, and (ii) verification that


clinical activity is limited to duties specified in Section
8.7.
(d) A full-time speech-language pathologist may supervise
no more than 2 speech-language pathology assistants. A
speech-language pathologist that does not work full-time may
supervise no more than one speech-language pathology
assistant.
(e) For purposes of this Section, "direct supervision"
means on-site, in-view observation and guidance by a
speech-language pathologist while an assigned activity is
performed by the speech-language pathology assistant or
supervision by a speech-language pathologist by way of video
conferencing technology during telehealth practice.
(Source: P.A. 100-530, eff. 1-1-18.)
Section 65. The Radiation Protection Act of 1990 is
amended by changing Section 7a as follows:
(420 ILCS 40/7a) (from Ch. 111 1/2, par. 210-7a)
(Section scheduled to be repealed on January 1, 2027)
Sec. 7a. Certification of industrial radiographers.
(a) Beginning January 1, 1993, no person may perform
industrial radiography unless he or she is certified by the
Department of Nuclear Safety or its successor, the Illinois
Emergency Management Agency, to perform industrial
radiography. The Agency shall promulgate regulations


establishing standards and procedures for certification of
industrial radiographers. The regulations may include, without
limitation, provisions specifying a minimum course of study
and requiring that individuals seeking certification pass an
examination administered or approved by the Agency. Industrial
radiography certification shall be valid for 5 years, except
that certifications for industrial radiography trainees shall
be valid for 2 years or shall be extended pursuant to
subsection (e). The Agency shall establish by regulation
standards and procedures for renewal of certification. The
regulations shall provide that certification for industrial
radiography trainees shall be nonrenewable.
(b) The regulations of the Department of Nuclear Safety,
as the predecessor agency of the Illinois Emergency Management
Agency, shall provide for provisional certification of persons
who performed industrial radiography before January 1, 1993.
In order to obtain provisional certification, the industrial
radiographer must apply to the Department no later than
January 1, 1993. Provisional certification shall be valid for
2 years, except for those certifications extended pursuant to
subsection (e), provided that a person who has obtained a
provisional certification must take an examination that is
administered or approved by the Department within 12 months of
the date on which the provisional certification was issued.
Upon passing the examination, the Department shall certify the
individual as an industrial radiographer. Provisional


certification shall be nonrenewable.
(c) The Agency may, by regulation, assess certification
fees and fees to recover the cost of examining applicants for
certification.
(d) The Agency may suspend or revoke the certification of
an industrial radiographer, or take other action as provided
in Sections 36 and 38 of this Act, if a certified industrial
radiographer violates this Act or any rule or regulation
promulgated under this Act, or otherwise endangers the safety
of himself, his co-workers, or members of the general public.
It shall be a violation of this Act for any person to allow an
individual who is not a certified industrial radiographer to
perform industrial radiography.
(e) The Agency may extend the term of existing
certifications for industrial radiographers and industrial
radiographer trainees in 90-day increments, not to exceed a
maximum period of 6 months beyond the initial term, to allow
individuals time to meet the examination criteria. Industrial
radiographers and industrial radiographer trainees shall meet
all other requirements as set forth by the Agency.
(Source: P.A. 94-104, eff. 7-1-05.)
Section 99. Effective date. This Act takes effect upon
becoming law.