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2005 Illinois Code - 225 ILCS 65/      Nursing and Advanced Practice Nursing Act. Title 15 - Advanced Practice Nurses


      (225 ILCS 65/Tit. 15 heading)
TITLE 15. ADVANCED PRACTICE NURSES

    (225 ILCS 65/15‑5)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 15‑5. Definitions. As used in this Title:
    "APN Board" means the Advanced Practice Nursing Board.
    "Advanced practice nurse" or "APN" means a person who: (1) is licensed as a registered professional nurse under this Act; (2) meets the requirements for licensure as an advanced practice nurse under Section 15‑10; (3) except as provided in Section 15‑25, has a written collaborative agreement with a collaborating physician in the diagnosis of illness and management of wellness and other conditions as appropriate to the level and area of his or her practice in accordance with Section 15‑15; and (4) cares for patients (A) by using advanced diagnostic skills, the results of diagnostic tests and procedures ordered by the advanced practice nurse, a physician assistant, a dentist, a podiatrist, or a physician, and professional judgment to initiate and coordinate the care of patients; (B) by ordering diagnostic tests, prescribing medications and drugs in accordance with Section 15‑20, and administering medications and drugs; and (C) by using medical, therapeutic, and corrective measures to treat illness and improve health status. Categories include certified nurse midwife (CNM), certified nurse practitioner (CNP), certified registered nurse anesthetist (CRNA), or certified clinical nurse specialist (CNS).
    "Collaborating physician" means a physician who works with an advanced practice nurse and provides medical direction as documented in a written collaborative agreement required under Section 15‑15.
    "Licensed hospital" means a hospital licensed under the Hospital Licensing Act or organized under the University of Illinois Hospital Act.
    "Physician" means a person licensed to practice medicine in all its branches under the Medical Practice Act of 1987.
(Source: P.A. 90‑742, eff. 8‑13‑98; 91‑414, eff. 8‑6‑99.)

    (225 ILCS 65/15‑10)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 15‑10. Advanced practice nurse; qualifications; roster.
    (a) A person shall be qualified for licensure as an advanced practice nurse if that person:
        (1) has applied in writing in form and substance
    
satisfactory to the Department and has not violated a provision of this Act or the rules adopted under this Act. The Department may take into consideration any felony conviction of the applicant but a conviction shall not operate as an absolute bar to licensure;
        (2) holds a current license to practice as a
    
registered nurse in Illinois;
        (3) has successfully completed requirements to
    
practice as, and holds a current, national certification as, a nurse midwife, clinical nurse specialist, nurse practitioner, or certified registered nurse anesthetist from the appropriate national certifying body as determined by rule of the Department;
        (4) has paid the required fees as set by rule; and
        (5) has obtained a graduate degree appropriate for
    
national certification in a clinical advanced practice nursing specialty or a graduate degree or post‑master's certificate from a graduate level program in a clinical advanced practice nursing specialty.
    (b) Those applicants seeking licensure in more than one advanced practice nursing category need not possess multiple graduate degrees. Applicants may be eligible for licenses for multiple advanced practice nurse licensure categories, provided that the applicant (i) has met the requirements for at least one advanced practice nursing specialty under paragraphs (3) and (5) of subsection (a) of this Section, (ii) possesses an additional graduate education that results in a certificate for another clinical advanced practice nurse category and that meets the requirements for the national certification from the appropriate nursing specialty, and (iii) holds a current national certification from the appropriate national certifying body for that additional advanced practice nursing category.
    (b‑5) A registered professional nurse seeking licensure as an advanced practice nurse in the category of certified registered nurse anesthetist who applies on or before December 31, 2006 and does not have a graduate degree as described in subsection (b) shall be qualified for licensure if that person:
        (1) submits evidence of having successfully
    
completed a nurse anesthesia program described in item (5) of subsection (a) of this Section prior to January 1, 1999;
        (2) submits evidence of certification as a
    
registered nurse anesthetist by an appropriate national certifying body, as determined by rule of the Department; and
        (3) has continually maintained active, up‑to‑date
    
recertification status as a certified registered nurse anesthetist by an appropriate national recertifying body, as determined by rule of the Department.
    (c) The Department shall provide by rule for APN licensure of registered professional nurses who (1) apply for licensure before July 1, 2001 and (2) submit evidence of completion of a program described in item (5) of subsection (a) or in subsection (b) and evidence of practice for at least 10 years as a nurse practitioner.
    (d) The Department shall maintain a separate roster of advanced practice nurses licensed under this Title and their licenses shall indicate "Registered Nurse/Advanced Practice Nurse".
(Source: P.A. 93‑296, eff. 7‑22‑03; 94‑348, eff. 7‑28‑05.)

    (225 ILCS 65/15‑13)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 15‑13. License pending status.
    (a) A graduate of an advanced practice nursing program may practice in the State of Illinois in the role of certified clinical nurse specialist, certified nurse midwife, certified nurse practitioner, or certified registered nurse anesthetist for not longer than 6 months provided he or she submits all of the following:
        (1) An application for licensure as an advanced
    
practice nurse in Illinois.
        (2) Proof of an application to take the national
    
certification examination in the specialty.
        (3) Proof of completion of a graduate advanced
    
practice education program that allows the applicant to be eligible for national certification in a clinical advanced practice nursing speciality and that allows the applicant to be eligible for licensure in Illinois in the area of his or her specialty.
        (4) Proof that he or she is licensed in Illinois as
    
a registered professional nurse.
        (5) Proof that he or she has a completed proposed
    
collaborative agreement or practice agreement as required under Section 15‑15 or 15‑25 of this Act.
        (6) The license application fee as set by rule.
    (b) License pending status shall preclude delegation of prescriptive authority.
    (c) A graduate practicing in accordance with this Section must use the title "license pending certified clinical nurse specialist", "license pending certified nurse midwife", "license pending certified nurse practitioner", or "license pending certified registered nurse anesthetist", whichever is applicable.
(Source: P.A. 92‑744, eff. 7‑25‑02.)

    (225 ILCS 65/15‑15)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 15‑15. Written collaborative agreements.
    (a) Except as provided in Section 15‑25, no person shall engage in the practice of advanced practice nursing except when licensed under this Title and pursuant to a written collaborative agreement with a collaborating physician.
    (b) A written collaborative agreement shall describe the working relationship of the advanced practice nurse with the collaborating physician and shall authorize the categories of care, treatment, or procedures to be performed by the advanced practice nurse. Collaboration does not require an employment relationship between the collaborating physician and advanced practice nurse. Collaboration means the relationship under which an advanced practice nurse works with a collaborating physician in an active clinical practice to deliver health care services in accordance with (i) the advanced practice nurse's training, education, and experience and (ii) medical direction as documented in a jointly developed written collaborative agreement.
    The agreement shall be defined to promote the exercise of professional judgment by the advanced practice nurse commensurate with his or her education and experience. The services to be provided by the advanced practice nurse shall be services that the collaborating physician generally provides to his or her patients in the normal course of his or her clinical medical practice. The agreement need not describe the exact steps that an advanced practice nurse must take with respect to each specific condition, disease, or symptom but must specify which authorized procedures require a physician's presence as the procedures are being performed. The collaborative relationship under an agreement shall not be construed to require the personal presence of a physician at all times at the place where services are rendered. Methods of communication shall be available for consultation with the collaborating physician in person or by telecommunications in accordance with established written guidelines as set forth in the written agreement.
    (c) Physician medical direction under an agreement shall be adequate if a collaborating physician:
        (1) participates in the joint formulation and joint
    
approval of orders or guidelines with the APN and he or she periodically reviews such orders and the services provided patients under such orders in accordance with accepted standards of medical practice and advanced practice nursing practice;
        (2) is on site at least once a month to provide
    
medical direction and consultation; and
        (3) is available through telecommunications for
    
consultation on medical problems, complications, or emergencies or patient referral.
    (d) A copy of the signed, written collaborative agreement must be available to the Department upon request from both the advanced practice nurse and the collaborating physician and shall be annually updated. An advanced practice nurse shall inform each collaborating physician of all collaborative agreements he or she has signed and provide a copy of these to any collaborating physician, upon request.
(Source: P.A. 90‑742, eff. 8‑13‑98; 91‑414, eff. 8‑6‑99.)

    (225 ILCS 65/15‑20)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 15‑20. Prescriptive authority.
    (a) A collaborating physician may, but is not required to, delegate limited prescriptive authority to an advanced practice nurse as part of a written collaborative agreement. This authority may, but is not required to, include prescription and dispensing of legend drugs and legend controlled substances categorized as Schedule III, IV, or V controlled substances, as defined in Article II of the Illinois Controlled Substances Act.
    (b) To prescribe Schedule III, IV, or V controlled substances under this Section, an advanced practice nurse must obtain a mid‑level practitioner controlled substance license. Medication orders shall be reviewed periodically by the collaborating physician.
    (c) The collaborating physician shall file with the Department notice of delegation of prescriptive authority and termination of such delegation, in accordance with rules of the Department. Upon receipt of this notice delegating authority to prescribe Schedule III, IV, or V controlled substances, the licensed advanced practice nurse shall be eligible to register for a mid‑level practitioner controlled substance license under Section 303.05 of the Illinois Controlled Substances Act.
    (d) Nothing in this Act shall be construed to limit the delegation of tasks or duties by a physician to a licensed practical nurse, a registered professional nurse, or other personnel.
(Source: P.A. 90‑742, eff. 8‑13‑98; 90‑818, eff. 3‑23‑99.)

    (225 ILCS 65/15‑25)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 15‑25. Certified registered nurse anesthetists.
    (a) A licensed certified registered nurse anesthetist may provide anesthesia services pursuant to the order of a licensed physician, licensed dentist, or licensed podiatrist in a licensed hospital, a licensed ambulatory surgical treatment center, or the office of a licensed physician, the office of a licensed dentist, or the office of a licensed podiatrist. For anesthesia services, an anesthesiologist, physician, dentist, or podiatrist shall participate through discussion of and agreement with the anesthesia plan and shall remain physically present and be available on the premises during the delivery of anesthesia services for diagnosis, consultation, and treatment of emergency medical conditions, unless hospital policy adopted pursuant to clause (B) of subdivision (3) of Section 10.7 of the Hospital Licensing Act or ambulatory surgical treatment center policy adopted pursuant to clause (B) of subdivision (3) of Section 6.5 of the Ambulatory Surgical Treatment Center Act provides otherwise.
    (b) A certified registered nurse anesthetist who provides anesthesia services in a hospital shall do so in accordance with Section 10.7 of the Hospital Licensing Act and, in an ambulatory surgical treatment center, in accordance with Section 6.5 of the Ambulatory Surgical Treatment Center Act.
    (c) A certified registered nurse anesthetist who provides anesthesia services in a physician office, dental office, or podiatric office shall enter into a written practice agreement with an anesthesiologist or the physician licensed to practice medicine in all its branches, the dentist, or the podiatrist performing the procedure. The agreement shall describe the working relationship of the certified registered nurse anesthetist and anesthesiologist, physician, dentist, or podiatrist and shall authorize the categories of care, treatment, or procedures to be performed by the certified registered nurse anesthetist. In a dentist's office, the certified registered nurse anesthetist may only provide those services the dentist is authorized to provide pursuant to the Illinois Dental Practice Act and rules. In a podiatrist's office, the certified registered nurse anesthetist may only provide those services the podiatrist is authorized to provide pursuant to the Podiatric Medical Practice Act of 1987 and rules. For anesthesia services, an anesthesiologist, physician, dentist, or podiatrist shall participate through discussion of and agreement with the anesthesia plan and shall remain physically present and be available on the premises during the delivery of anesthesia services for diagnosis, consultation, and treatment of emergency medical conditions.
    (d) A certified registered nurse anesthetist is not required to possess prescriptive authority or a written collaborative agreement meeting the requirements of Section 15‑15 to provide anesthesia services ordered by a licensed physician, dentist, or podiatrist. Certified registered nurse anesthetists are authorized to select, order, and administer drugs and apply the appropriate medical devices in the provision of anesthesia services under the anesthesia plan agreed with by the anesthesiologist or the physician in accordance with hospital alternative policy or the medical staff consulting committee policies of a licensed ambulatory surgical treatment center. In a physician's office, dentist's office, or podiatrist's office, the anesthesiologist, operating physician, operating dentist, or operating podiatrist shall agree with the anesthesia plan, in accordance with the written practice agreement.
    (e) A certified registered nurse anesthetist may be delegated limited prescriptive authority under Section 15‑20 in a written collaborative agreement meeting the requirements of Section 15‑15.
(Source: P.A. 91‑414, eff. 8‑6‑99.)

    (225 ILCS 65/15‑30)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 15‑30. Title.
    (a) No person shall use any words, abbreviations, figures, letters, title, sign, card, or device tending to imply that he or she is an advanced practice nurse, including but not limited to using the titles or initials "Advanced Practice Nurse", "Certified Nurse Midwife", "Certified Nurse Practitioner", "Certified Registered Nurse Anesthetist", "Clinical Nurse Specialist", "A.P.N.", "C.N.M.", "C.N.P.", "C.R.N.A.", "C.N.S.", or similar titles or initials, with the intention of indicating practice as an advanced practice nurse without meeting the requirements of this Act. No advanced practice nurse shall use the title of doctor or associate with his or her name or any other term to indicate to other persons that he or she is qualified to engage in the general practice of medicine.
    (b) An advanced practice nurse shall verbally identify himself or herself as an advanced practice nurse including specialty certification to each patient.
    (c) Nothing in this Act shall be construed to relieve a physician of professional or legal responsibility for the care and treatment of persons attended by him or her or to relieve an advanced practice nurse of the professional or legal responsibility for the care and treatment of persons attended by him or her.
(Source: P.A. 90‑742, eff. 8‑13‑98; 91‑414, eff. 8‑6‑99.)

    (225 ILCS 65/15‑35)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 15‑35. Advanced Practice Nursing Board.
    (a) There is hereby established an Advanced Practice Nursing Board, hereinafter referred to as the "APN Board". The APN Board shall review and make recommendations to the Department regarding matters relating to licensure and discipline of advanced practice nurses. The APN Board shall be composed of 9 members to be appointed by the Governor, 4 of whom shall be advanced practice nurses and 3 of whom shall be physicians licensed to practice medicine in all its branches. The 4 advanced practice nurses shall have collaborative agreements, except that any certified registered nurse anesthetist is not required to have a collaborative agreement. The 3 physicians shall have collaborative agreements, except that an anesthesiologist is not required to have a collaborative agreement. In making appointments to the APN Board, the Governor shall give due consideration to recommendations by statewide professional associations or societies representing nurses and physicians in Illinois. Two members, not employed or having any material interest in any health care field, shall represent the public. The chairperson of the APN Board shall be a member elected by a majority vote of the APN Board. The APN Board shall meet and report to the Department quarterly and as advanced practice nurse issues arise.
    Initial appointments to the APN Board shall be made within 90 days after the effective date of this amendatory Act of 1998. The terms of office of each of the original members shall be at staggered intervals. One physician and one advanced practice nurse shall serve one‑year terms. One physician and one advanced practice nurse shall serve 2‑year terms. One physician and one advanced practice nurse shall serve 3‑year terms. One advanced practice nurse and the public members shall serve 4‑year terms. Upon the expiration of the term of an initial member, his or her successor shall be appointed for a term of 4 years. No member shall serve more than 2 consecutive terms, excluding initial appointment terms. An appointment to fill a vacancy shall be for the unexpired portion of the term. Members of the APN Board shall be reimbursed for all authorized legitimate and necessary expenses incurred in attending the meetings of the APN Board. A majority of the APN Board members appointed shall constitute a quorum. A vacancy in the membership of the APN Board shall not impair the right of a quorum to perform all of the duties of the APN Board. A member of the APN Board shall have no liability in an action based upon a disciplinary proceeding or other activity performed in good faith as a member of the APN Board.
    (b) Complaints received concerning advanced practice nurses shall be reviewed by the APN Board. Complaints received concerning collaborating physicians shall be reviewed by the Medical Disciplinary Board.
(Source: P.A. 90‑742, eff. 8‑13‑98; 91‑414, eff. 8‑6‑99.)

    (225 ILCS 65/15‑40)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 15‑40. Advertising.
    (a) A person licensed under this Title may advertise the availability of professional services in the public media or on the premises where the professional services are rendered. The advertising shall be limited to the following information:
        (1) publication of the person's name, title, office
    
hours, address, and telephone number;
        (2) information pertaining to the person's areas of
    
specialization, including but not limited to appropriate board certification or limitation of professional practice;
        (3) publication of the person's collaborating
    
physician's name, title, and areas of specialization;
        (4) information on usual and customary fees for
    
routine professional services offered, which shall include notification that fees may be adjusted due to complications or unforeseen circumstances;
        (5) announcements of the opening of, change of,
    
absence from, or return to business;
        (6) announcement of additions to or deletions from
    
professional licensed staff; and
        (7) the issuance of business or appointment cards.
    (b) It is unlawful for a person licensed under this Title to use testimonials or claims of superior quality of care to entice the public. It shall be unlawful to advertise fee comparisons of available services with those of other licensed persons.
    (c) This Title does not authorize the advertising of professional services that the offeror of the services is not licensed or authorized to render. Nor shall the advertiser use statements that contain false, fraudulent, deceptive, or misleading material or guarantees of success, statements that play upon the vanity or fears of the public, or statements that promote or produce unfair competition.
    (d) It is unlawful and punishable under the penalty provisions of this Act for a person licensed under this Title to knowingly advertise that the licensee will accept as payment for services rendered by assignment from any third party payor the amount the third party payor covers as payment in full, if the effect is to give the impression of eliminating the need of payment by the patient of any required deductible or copayment applicable in the patient's health benefit plan.
    (d‑5) A licensee shall include in every advertisement for services regulated under this Act his or her title as it appears on the license or the initials authorized under this Act.
    (e) As used in this Section, "advertise" means solicitation by the licensee or through another person or entity by means of handbills, posters, circulars, motion pictures, radio, newspapers, or television or any other manner.
(Source: P.A. 90‑742, eff. 8‑13‑98; 91‑310, eff. 1‑1‑00.)

    (225 ILCS 65/15‑45)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 15‑45. Continuing education. The Department shall adopt rules of continuing education for persons licensed under this Title that require 50 hours of continuing education per 2‑year license renewal cycle. The rules shall not be inconsistent with requirements of relevant national certifying bodies or State or national professional associations. The rules shall also address variances in part or in whole for good cause, including but not limited to illness or hardship. The continuing education rules shall assure that licensees are given the opportunity to participate in programs sponsored by or through their State or national professional associations, hospitals, or other providers of continuing education. Each licensee is responsible for maintaining records of completion of continuing education and shall be prepared to produce the records when requested by the Department.
(Source: P.A. 92‑750, eff. 1‑1‑03.)

    (225 ILCS 65/15‑50)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 15‑50. Grounds for disciplinary action.
    (a) The Department may, upon the recommendation of the APN Board, refuse to issue or to renew, or may revoke, suspend, place on probation, censure or reprimand, or take other disciplinary action as the Department may deem appropriate with regard to a license issued under this Title, including the issuance of fines not to exceed $5,000 for each violation, for any one or combination of the grounds for discipline set forth in Section 10‑45 of this Act or for any one or combination of the following causes:

        (1) Gross negligence in the practice of advanced
    
practice nursing.
        (2) Exceeding the terms of a collaborative agreement
    
or the prescriptive authority delegated to him or her by his or her collaborating physician or alternate collaborating physician in guidelines established under a written collaborative agreement.
        (3) Making a false or misleading statement regarding
    
his or her skill or the efficacy or value of the medicine, treatment, or remedy prescribed by him or her in the course of treatment.
        (4) Prescribing, selling, administering,
    
distributing, giving, or self‑administering a drug classified as a controlled substance (designated product) or narcotic for other than medically accepted therapeutic purposes.
        (5) Promotion of the sale of drugs, devices,
    
appliances, or goods provided for a patient in a manner to exploit the patient for financial gain.
        (6) Violating State or federal laws or regulations
    
relating to controlled substances.
        (7) Willfully or negligently violating the
    
confidentiality between advanced practice nurse, collaborating physician, and patient, except as required by law.
        (8) Failure of a licensee to report to the
    
Department any adverse final action taken against such licensee by another licensing jurisdiction (any other jurisdiction of the United States or any foreign state or country), any peer review body, any health care institution, a professional or nursing or advanced practice nursing society or association, a governmental agency, a law enforcement agency, or a court or a liability claim relating to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this Section.
        (9) Failure of a licensee to report to the
    
Department surrender by the licensee of a license or authorization to practice nursing or advanced practice nursing in another state or jurisdiction, or current surrender by the licensee of membership on any nursing staff or organized health care professional staff or in any nursing, advanced practice nurse, or professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this Section.
        (10) Failing, within 60 days, to provide information
    
in response to a written request made by the Department.
        (11) Failure to establish and maintain records of
    
patient care and treatment as required by law.
        (12) Any violation of any Section of this Title or
    
Act.
    When the Department has received written reports concerning incidents required to be reported in items (8) and (9), the licensee's failure to report the incident to the Department under those items shall not be the sole grounds for disciplinary action.
    (b) The Department may refuse to issue or may suspend the license of any person who fails to file a return, to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of the tax, penalty, or interest as required by a tax Act administered by the Department of Revenue, until the requirements of the tax Act are satisfied.
    (c) In enforcing this Section, the Department or APN Board, upon a showing of a possible violation, may compel an individual licensed to practice under this Title, or who has applied for licensure under this Title, to submit to a mental or physical examination or both, as required by and at the expense of the Department. The Department or APN Board may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physician shall be specifically designated by the APN Board or Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. Failure of an individual to submit to a mental or physical examination when directed shall be grounds for suspension of his or her license until the individual submits to the examination if the Department finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.
    If the Department or APN Board finds an individual unable to practice because of the reasons set forth in this Section, the Department or APN Board may require that individual to submit to care, counseling, or treatment by physicians approved or designated by the Department or APN Board as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice; or, in lieu of care, counseling, or treatment, the Department may file, or the APN Board may recommend to the Department to file, a complaint to immediately suspend, revoke, or otherwise discipline the license of the individual. An individual whose license was granted, continued, reinstated, renewed, disciplined or supervised subject to terms, conditions, or restrictions, and who fails to comply with the terms, conditions, or restrictions, shall be referred to the Director for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Department.
    In instances in which the Director immediately suspends a person's license under this Section, a hearing on that person's license shall be convened by the Department within 15 days after the suspension and shall be completed without appreciable delay. The Department and APN Board shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.
    An individual licensed under this Title and affected under this Section shall be afforded an opportunity to demonstrate to the Department or APN Board that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.
(Source: P.A. 90‑742, eff. 8‑13‑98.)

    (225 ILCS 65/15‑55)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 15‑55. Reports relating to professional conduct and capacity.
    (a) Entities Required to Report.
        (1) Health Care Institutions. The chief
    
administrator or executive officer of a health care institution licensed by the Department of Public Health, which provides the minimum due process set forth in Section 10.4 of the Hospital Licensing Act, shall report to the APN Board when a licensee's organized professional staff clinical privileges are terminated or are restricted based on a final determination, in accordance with that institution's bylaws or rules and regulations, that (i) a person has either committed an act or acts that may directly threaten patient care and that are not of an administrative nature or (ii) that a person may be mentally or physically disabled in a manner that may endanger patients under that person's care. The chief administrator or officer shall also report if a licensee accepts voluntary termination or restriction of clinical privileges in lieu of formal action based upon conduct related directly to patient care and not of an administrative nature, or in lieu of formal action seeking to determine whether a person may be mentally or physically disabled in a manner that may endanger patients under that person's care. The APN Board shall provide by rule for the reporting to it of all instances in which a person licensed under this Title, who is impaired by reason of age, drug, or alcohol abuse or physical or mental impairment, is under supervision and, where appropriate, is in a program of rehabilitation. Reports submitted under this subsection shall be strictly confidential and may be reviewed and considered only by the members of the APN Board or authorized staff as provided by rule of the APN Board. Provisions shall be made for the periodic report of the status of any such reported person not less than twice annually in order that the APN Board shall have current information upon which to determine the status of that person. Initial and periodic reports of impaired advanced practice nurses shall not be considered records within the meaning of the State Records Act and shall be disposed of, following a determination by the APN Board that such reports are no longer required, in a manner and at an appropriate time as the APN Board shall determine by rule. The filing of reports submitted under this subsection shall be construed as the filing of a report for purposes of subsection (c) of this Section.
        (2) Professional Associations. The President or
    
chief executive officer of an association or society of persons licensed under this Title, operating within this State, shall report to the APN Board when the association or society renders a final determination that a person licensed under this Title has committed unprofessional conduct related directly to patient care or that a person may be mentally or physically disabled in a manner that may endanger patients under the person's care.
        (3) Professional Liability Insurers. Every
    
insurance company that offers policies of professional liability insurance to persons licensed under this Title, or any other entity that seeks to indemnify the professional liability of a person licensed under this Title, shall report to the APN Board the settlement of any claim or cause of action, or final judgment rendered in any cause of action, that alleged negligence in the furnishing of patient care by the licensee when the settlement or final judgment is in favor of the plaintiff.
        (4) State's Attorneys. The State's Attorney of each
    
county shall report to the APN Board all instances in which a person licensed under this Title is convicted or otherwise found guilty of the commission of a felony.
        (5) State Agencies. All agencies, boards,
    
commissions, departments, or other instrumentalities of the government of this State shall report to the APN Board any instance arising in connection with the operations of the agency, including the administration of any law by the agency, in which a person licensed under this Title has either committed an act or acts that may constitute a violation of this Title, that may constitute unprofessional conduct related directly to patient care, or that indicates that a person licensed under this Title may be mentally or physically disabled in a manner that may endanger patients under that person's care.
    (b) Mandatory Reporting. All reports required under items (8) and (9) of subsection (a) of Section 15‑50 and under this Section shall be submitted to the APN Board in a timely fashion. The reports shall be filed in writing within 60 days after a determination that a report is required under this Title. All reports shall contain the following information:
        (1) The name, address, and telephone number of the
    
person making the report.
        (2) The name, address, and telephone number of the
    
person who is the subject of the report.
        (3) The name or other means of identification of any
    
patient or patients whose treatment is a subject of the report, except that no medical records may be revealed without the written consent of the patient or patients.
        (4) A brief description of the facts that gave rise
    
to the issuance of the report, including but not limited to the dates of any occurrences deemed to necessitate the filing of the report.
        (5) If court action is involved, the identity of the
    
court in which the action is filed, the docket number, and date of filing of the action.
        (6) Any further pertinent information that the
    
reporting party deems to be an aid in the evaluation of the report.
    Nothing contained in this Section shall be construed to in any way waive or modify the confidentiality of medical reports and committee reports to the extent provided by law. Any information reported or disclosed shall be kept for the confidential use of the APN Board, the APN Board's attorneys, the investigative staff, and authorized clerical staff and shall be afforded the same status as is provided information concerning medical studies in Part 21 of Article VIII of the Code of Civil Procedure.
    (c) Immunity from Prosecution. An individual or organization acting in good faith, and not in a wilful and wanton manner, in complying with this Title by providing a report or other information to the APN Board, by assisting in the investigation or preparation of a report or information, by participating in proceedings of the APN Board, or by serving as a member of the Board shall not, as a result of such actions, be subject to criminal prosecution or civil damages.
    (d) Indemnification. Members of the APN Board, the APN Board's attorneys, the investigative staff, advanced practice nurses or physicians retained under contract to assist and advise in the investigation, and authorized clerical staff shall be indemnified by the State for any actions (i) occurring within the scope of services on the APN Board, (ii) performed in good faith, and (iii) not wilful and wanton in nature. The Attorney General shall defend all actions taken against those persons unless he or she determines either that there would be a conflict of interest in the representation or that the actions complained of were not performed in good faith or were wilful and wanton in nature. If the Attorney General declines representation, the member shall have the right to employ counsel of his or her choice, whose fees shall be provided by the State, after approval by the Attorney General, unless there is a determination by a court that the member's actions were not performed in good faith or were wilful and wanton in nature. The member shall notify the Attorney General within 7 days of receipt of notice of the initiation of an action involving services of the APN Board. Failure to so notify the Attorney General shall constitute an absolute waiver of the right to a defense and indemnification. The Attorney General shall determine within 7 days after receiving the notice whether he or she will undertake to represent the member.
    (e) Deliberations of APN Board. Upon the receipt of a report called for by this Title, other than those reports of impaired persons licensed under this Title required pursuant to the rules of the APN Board, the APN Board shall notify in writing by certified mail the person who is the subject of the report. The notification shall be made within 30 days of receipt by the APN Board of the report. The notification shall include a written notice setting forth the person's right to examine the report. Included in the notification shall be the address at which the file is maintained, the name of the custodian of the reports, and the telephone number at which the custodian may be reached. The person who is the subject of the report shall submit a written statement responding to, clarifying, adding to, or proposing to amend the report previously filed. The statement shall become a permanent part of the file and shall be received by the APN Board no more than 30 days after the date on which the person was notified of the existence of the original report. The APN Board shall review all reports received by it and any supporting information and responding statements submitted by persons who are the subject of reports. The review by the APN Board shall be in a timely manner but in no event shall the APN Board's initial review of the material contained in each disciplinary file be less than 61 days nor more than 180 days after the receipt of the initial report by the APN Board. When the APN Board makes its initial review of the materials contained within its disciplinary files, the APN Board shall, in writing, make a determination as to whether there are sufficient facts to warrant further investigation or action. Failure to make that determination within the time provided shall be deemed to be a determination that there are not sufficient facts to warrant further investigation or action. Should the APN Board find that there are not sufficient facts to warrant further investigation or action, the report shall be accepted for filing and the matter shall be deemed closed and so reported. The individual or entity filing the original report or complaint and the person who is the subject of the report or complaint shall be notified in writing by the APN Board of any final action on their report or complaint.
    (f) Summary Reports. The APN Board shall prepare, on a timely basis, but in no event less than one every other month, a summary report of final actions taken upon disciplinary files maintained by the APN Board. The summary reports shall be sent by the APN Board to every health care facility licensed by the Department of Public Health, every professional association and society of persons licensed under this Title functioning on a statewide basis in this State, all insurers providing professional liability insurance to persons licensed under this Title in this State, and the Illinois Pharmacists Association.
    (g) Any violation of this Section shall constitute a Class A misdemeanor.
    (h) If a person violates the provisions of this Section, an action may be brought in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, for an order enjoining the violation or for an order enforcing compliance with this Section. Upon filing of a verified petition in court, the court may issue a temporary restraining order without notice or bond and may preliminarily or permanently enjoin the violation, and if it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this subsection shall be in addition to, and not in lieu of, all other remedies and penalties provided for by this Section.
(Source: P.A. 90‑742, eff. 8‑13‑98.)

    (225 ILCS 65/15‑100)
    Sec. 15‑100. (Repealed).
(Source: P.A. 90‑742, eff. 8‑13‑98. Repealed by P.A. 91‑414, eff. 8‑6‑99.)

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