Statutes > Illinois Statutes > CHAPTER 225 PROFESSIONS AND OCCUPATIONS > 225 ILCS 65/ Nurse Practice Act. > Article 50 - General Provisions

Article 50 - General Provisions


 
    (225 ILCS 65/Art. 50 heading)(was 225 ILCS 65/Tit. 5 heading)
ARTICLE 50. GENERAL PROVISIONS
(Article scheduled to be repealed on January 1, 2018)
(Source: P.A. 95‑639, eff. 10‑5‑07.)

    (225 ILCS 65/50‑1) (was 225 ILCS 65/5‑1)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 50‑1. This Act may be cited as the Nurse Practice Act.
(Source: P.A. 95‑639, eff. 10‑5‑07.)

    (225 ILCS 65/50‑5) (was 225 ILCS 65/5‑5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 50‑5. Legislative purpose. The practice of professional and practical nursing in the State of Illinois is hereby declared to affect the public health, safety, and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of nursing, as defined in this Act, merit and receive the confidence of the public and that only qualified persons be authorized to so practice in the State of Illinois. This Act shall be liberally construed to best carry out these subjects and purposes.
(Source: P.A. 95‑639, eff. 10‑5‑07.)

    (225 ILCS 65/50‑10) (was 225 ILCS 65/5‑10)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 50‑10. Definitions. Each of the following terms, when used in this Act, shall have the meaning ascribed to it in this Section, except where the context clearly indicates otherwise:
    "Academic year" means the customary annual schedule of courses at a college, university, or approved school, customarily regarded as the school year as distinguished from the calendar year.
    "Advanced practice nurse" or "APN" means a person who has met the qualifications for a (i) certified nurse midwife (CNM); (ii) certified nurse practitioner (CNP); (iii) certified registered nurse anesthetist (CRNA); or (iv) clinical nurse specialist (CNS) and has been licensed by the Department. All advanced practice nurses licensed and practicing in the State of Illinois shall use the title APN and may use speciality credentials after their name.
    "Approved program of professional nursing education" and "approved program of practical nursing education" are programs of professional or practical nursing, respectively, approved by the Department under the provisions of this Act.
    "Board" means the Board of Nursing appointed by the Secretary.
    "Collaboration" means a process involving 2 or more health care professionals working together, each contributing one's respective area of expertise to provide more comprehensive patient care.
    "Consultation" means the process whereby an advanced practice nurse seeks the advice or opinion of another health care professional.
    "Credentialed" means the process of assessing and validating the qualifications of a health care professional.
    "Current nursing practice update course" means a planned nursing education curriculum approved by the Department consisting of activities that have educational objectives, instructional methods, content or subject matter, clinical practice, and evaluation methods, related to basic review and updating content and specifically planned for those nurses previously licensed in the United States or its territories and preparing for reentry into nursing practice.
    "Dentist" means a person licensed to practice dentistry under the Illinois Dental Practice Act.
    "Department" means the Department of Financial and Professional Regulation.
    "Impaired nurse" means a nurse licensed under this Act who is unable to practice with reasonable skill and safety because of a physical or mental disability as evidenced by a written determination or written consent based on clinical evidence, including loss of motor skills, abuse of drugs or alcohol, or a psychiatric disorder, of sufficient degree to diminish his or her ability to deliver competent patient care.
    "License‑pending advanced practice nurse" means a registered professional nurse who has completed all requirements for licensure as an advanced practice nurse except the certification examination and has applied to take the next available certification exam and received a temporary license from the Department.
    "License‑pending registered nurse" means a person who has passed the Department‑approved registered nurse licensure exam and has applied for a license from the Department. A license‑pending registered nurse shall use the title "RN lic pend" on all documentation related to nursing practice.
    "Physician" means a person licensed to practice medicine in all its branches under the Medical Practice Act of 1987.
    "Podiatrist" means a person licensed to practice podiatry under the Podiatric Medical Practice Act of 1987.
    "Practical nurse" or "licensed practical nurse" means a person who is licensed as a practical nurse under this Act and practices practical nursing as defined in this Act. Only a practical nurse licensed under this Act is entitled to use the title "licensed practical nurse" and the abbreviation "L.P.N.".
    "Practical nursing" means the performance of nursing acts requiring the basic nursing knowledge, judgement, and skill acquired by means of completion of an approved practical nursing education program. Practical nursing includes assisting in the nursing process as delegated by a registered professional nurse or an advanced practice nurse. The practical nurse may work under the direction of a licensed physician, dentist, podiatrist, or other health care professional determined by the Department.
    "Privileged" means the authorization granted by the governing body of a healthcare facility, agency, or organization to provide specific patient care services within well‑defined limits, based on qualifications reviewed in the credentialing process.
    "Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".
    "Registered professional nursing practice" is a scientific process founded on a professional body of knowledge; it is a learned profession based on the understanding of the human condition across the life span and environment and includes all nursing specialities and means the performance of any nursing act based upon professional knowledge, judgment, and skills acquired by means of completion of an approved professional nursing education program. A registered professional nurse provides holistic nursing care through the nursing process to individuals, groups, families, or communities, that includes but is not limited to: (1) the assessment of healthcare needs, nursing diagnosis, planning, implementation, and nursing evaluation; (2) the promotion, maintenance, and restoration of health; (3) counseling, patient education, health education, and patient advocacy; (4) the administration of medications and treatments as prescribed by a physician licensed to practice medicine in all of its branches, a licensed dentist, a licensed podiatrist, or a licensed optometrist or as prescribed by a physician assistant in accordance with written guidelines required under the Physician Assistant Practice Act of 1987 or by an advanced practice nurse in accordance with Article 65 of this Act; (5) the coordination and management of the nursing plan of care; (6) the delegation to and supervision of individuals who assist the registered professional nurse implementing the plan of care; and (7) teaching nursing students. The foregoing shall not be deemed to include those acts of medical diagnosis or prescription of therapeutic or corrective measures.
    "Professional assistance program for nurses" means a professional assistance program that meets criteria established by the Board of Nursing and approved by the Secretary, which provides a non‑disciplinary treatment approach for nurses licensed under this Act whose ability to practice is compromised by alcohol or chemical substance addiction.
    "Secretary" means the Secretary of Financial and Professional Regulation.
    "Unencumbered license" means a license issued in good standing.
    "Written collaborative agreement" means a written agreement between an advanced practice nurse and a collaborating physician, dentist, or podiatrist pursuant to Section 65‑35.
(Source: P.A. 95‑639, eff. 10‑5‑07.)

    (225 ILCS 65/50‑15) (was 225 ILCS 65/5‑15)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 50‑15. Policy; application of Act.
    (a) For the protection of life and the promotion of health, and the prevention of illness and communicable diseases, any person practicing or offering to practice advanced, professional, or practical nursing in Illinois shall submit evidence that he or she is qualified to practice, and shall be licensed as provided under this Act. No person shall practice or offer to practice advanced, professional, or practical nursing in Illinois or use any title, sign, card or device to indicate that such a person is practicing professional or practical nursing unless such person has been licensed under the provisions of this Act.
    (b) This Act does not prohibit the following:
        (1) The practice of nursing in Federal employment in
    the discharge of the employee's duties by a person who is employed by the United States government or any bureau, division or agency thereof and is a legally qualified and licensed nurse of another state or territory and not in conflict with Sections 50‑50, 55‑10, 60‑10, and 70‑5 of this Act.
        (2) Nursing that is included in the program of study
    by students enrolled in programs of nursing or in current nurse practice update courses approved by the Department.
        (3) The furnishing of nursing assistance in an
    emergency.
        (4) The practice of nursing by a nurse who holds an
    active license in another state when providing services to patients in Illinois during a bonafide emergency or in immediate preparation for or during interstate transit.
        (5) The incidental care of the sick by members of the
    family, domestic servants or housekeepers, or care of the sick where treatment is by prayer or spiritual means.
        (6) Persons from being employed as unlicensed
    assistive personnel in private homes, long term care facilities, nurseries, hospitals or other institutions.
        (7) The practice of practical nursing by one who is a
    licensed practical nurse under the laws of another U.S. jurisdiction and has applied in writing to the Department, in form and substance satisfactory to the Department, for a license as a licensed practical nurse and who is qualified to receive such license under this Act, until (i) the expiration of 6 months after the filing of such written application, (ii) the withdrawal of such application, or (iii) the denial of such application by the Department.
        (8) The practice of
    advanced practice nursing by one who is an advanced practice nurse under the laws of another state, territory of the United States, or country and has applied in writing to the Department, in form and substance satisfactory to the Department, for a license as an advanced practice nurse and who is qualified to receive such license under this Act, until (i) the expiration of 6 months after the filing of such written application, (ii) the withdrawal of such application, or (iii) the denial of such application by the Department.
        (9) The practice of professional nursing by one who
    is a registered professional nurse under the laws of another state, territory of the United States or country and has applied in writing to the Department, in form and substance satisfactory to the Department, for a license as a registered professional nurse and who is qualified to receive such license under Section 55‑10, until (1) the expiration of 6 months after the filing of such written application, (2) the withdrawal of such application, or (3) the denial of such application by the Department.
        (10) The practice of professional nursing that is
    included in a program of study by one who is a registered professional nurse under the laws of another state or territory of the United States or foreign country, territory or province and who is enrolled in a graduate nursing education program or a program for the completion of a baccalaureate nursing degree in this State, which includes clinical supervision by faculty as determined by the educational institution offering the program and the health care organization where the practice of nursing occurs.
        (11) Any person licensed in this State under any
    other Act from engaging in the practice for which she or he is licensed.
        (12) Delegation to authorized direct care staff
    trained under Section 15.4 of the Mental Health and Developmental Disabilities Administrative Act consistent with the policies of the Department.
        (13) The practice, services, or activities of
    persons practicing the specified occupations set forth in subsection (a) of, and pursuant to a licensing exemption granted in subsection (b) or (d) of, Section 2105‑350 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, but only for so long as the 2016 Olympic and Paralympic Games Professional Licensure Exemption Law is operable.
        (14) County correctional personnel from delivering
    prepackaged medication for self‑administration to an individual detainee in a correctional facility.
    Nothing in this Act shall be construed to limit the
    delegation of tasks or duties by a physician, dentist, or podiatrist to a licensed practical nurse, a registered professional nurse, or other persons.
(Source: P.A. 95‑639, eff. 10‑5‑07; 95‑876, eff. 8‑21‑08; 96‑7, eff. 4‑3‑09; 96‑516, eff. 8‑14‑09; 96‑1000, eff. 7‑2‑10.)

    (225 ILCS 65/50‑20) (was 225 ILCS 65/5‑20)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 50‑20. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice nursing without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(Source: P.A. 95‑639, eff. 10‑5‑07.)

    (225 ILCS 65/50‑25) (was 225 ILCS 65/5‑21)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 50‑25. No registered nurse or licensed practical nurse may perform refractions and other determinations of visual function or eye health diagnosis. A registered nurse or licensed practical nurse may participate in these activities with the direct on‑site supervision of an optometrist licensed under the Illinois Optometric Practice Act of 1987 or a physician licensed to practice medicine in all its branches under the Medical Practice Act of 1987.
(Source: P.A. 95‑639, eff. 10‑5‑07.)

    (225 ILCS 65/50‑30) (was 225 ILCS 65/5‑22)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 50‑30. Social Security Number on license application. In addition to any other information required to be contained in an application for licensure under this Act, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 95‑639, eff. 10‑5‑07.)

    (225 ILCS 65/50‑35) (was 225 ILCS 65/5‑23)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 50‑35. Criminal history records background check. Each applicant for licensure by examination or restoration shall have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police. These fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Department of State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the records check. The Department of State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Department. The Department may require applicants to pay a separate fingerprinting fee, either to the Department or to a vendor. The Department, in its discretion, may allow an applicant who does not have reasonable access to a designated vendor to provide his or her fingerprints in an alternative manner. The Department may adopt any rules necessary to implement this Section.
(Source: P.A. 95‑639, eff. 10‑5‑07.)

    (225 ILCS 65/50‑40) (was 225 ILCS 65/5‑25)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 50‑40. Emergency care; civil liability. Exemption from civil liability for emergency care is as provided in the Good Samaritan Act.
(Source: P.A. 95‑639, eff. 10‑5‑07.)

    (225 ILCS 65/50‑45) (was 225 ILCS 65/5‑30)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 50‑45. Services rendered without compensation; civil liability. Exemption from civil liability for services rendered without compensation is as provided in the Good Samaritan Act.
(Source: P.A. 95‑639, eff. 10‑5‑07.)

    (225 ILCS 65/50‑50) (was 225 ILCS 65/10‑5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 50‑50. Prohibited acts.
    (a) No person shall:
        (1) Practice as an advanced practice nurse without
     a valid license as an advanced practice nurse, except as provided in Section 50‑15 of this Act;
        (2) Practice professional nursing without a valid
     license as a registered professional nurse except as provided in Section 50‑15 of this Act;
        (3) Practice practical nursing without a valid
     license as a licensed practical nurse or practice practical nursing, except as provided in Section 50‑15 of this Act;
        (4) Practice nursing under cover of any diploma,
     license, or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;
        (5) Practice nursing during the time her or his
     license is suspended, revoked, expired or on inactive status;
        (6) Use any words, abbreviations, figures, letters,
     title, sign, card, or device tending to imply that she or he is a registered professional nurse, including the titles or initials, "Nurse," "Registered Nurse," "Professional Nurse," "Registered Professional Nurse," "Certified Nurse," "Trained Nurse," "Graduate Nurse," "P.N.," or "R.N.," or "R.P.N." or similar titles or initials with intention of indicating practice without a valid license as a registered professional nurse;
        (7) Use any words,
     abbreviations, figures, letters, titles, signs, cards, or devices tending to imply that she or he is an advanced practice nurse, including the titles or initials "Advanced Practice Nurse", "A.P.N.", or similar titles or initials, with the intention of indicating practice as an advanced practice nurse without a valid license as an advanced practice nurse under this Act.
        (8) Use any words, abbreviations figures, letters,
     title, sign, card, or device tending to imply that she or he is a licensed practical nurse including the titles or initials "Practical Nurse," "Licensed Practical Nurse," "P.N.," or "L.P.N.," or similar titles or initials with intention of indicated practice as a licensed practical nurse without a valid license as a licensed practical nurse under this Act;
        (9) Advertise services regulated under this Act
     without including in every advertisement his or her title as it appears on the license or the initials authorized under this Act;
        (10) Obtain or furnish a license by or for money or
     any other thing of value other than the fees required under this Act, or by any fraudulent representation or act;
        (11) Make any wilfully false oath or affirmation
     required by this Act;
        (12) Conduct a nursing education program preparing
     persons for licensure that has not been approved by the Department;
        (13) Represent that any school or course is approved
     or accredited as a school or course for the education of registered professional nurses or licensed practical nurses unless such school or course is approved by the Department under the provisions of this Act;
        (14) Attempt or offer to do any of the acts
     enumerated in this Section, or knowingly aid, abet, assist in the doing of any such acts or in the attempt or offer to do any of such acts;
        (15) Employ persons not licensed under this Act to
     practice professional nursing or practical nursing; and
        (16) Otherwise intentionally violate any provision of
     this Act.
        (17) Retaliate against any nurse who reports unsafe,
     unethical, or illegal health care practices or conditions.
        (18) Be deemed a supervisor when delegating nursing
     activities or tasks as authorized under this Act.
    (b) Any person, including a firm, association or corporation who violates any provision of this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 95‑639, eff. 10‑5‑07.)

    (225 ILCS 65/50‑55) (was 225 ILCS 65/10‑10)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 50‑55. Department powers and duties.
    (a) The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for administration of licensing acts and shall exercise other powers and duties necessary for effectuating the purpose of this Act. None of the functions, powers, or duties of the Department with respect to licensure and examination shall be exercised by the Department except upon review by the Board. The Department shall adopt rules to implement, interpret, or make specific the provisions and purposes of this Act; however no such rules shall be adopted by the Department except upon review by the Board.
    (b) The Department shall prepare and maintain a list of approved programs of professional nursing education and programs of practical nursing education in this State, whose graduates, if they have the other necessary qualifications provided in this Act, shall be eligible to apply for a license to practice nursing in this State.
    (c) The Department may act upon the recommendations of the Center for Nursing Advisory Board.
(Source: P.A. 94‑1020, eff. 7‑11‑06; 95‑639, eff. 10‑5‑07.)

    (225 ILCS 65/50‑60) (was 225 ILCS 65/10‑15)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 50‑60. Nursing Coordinator; Assistant Nursing Coordinator. The Secretary shall appoint, pursuant to the Personnel Code, a Nursing Coordinator and an Assistant Nursing Coordinator. The Nursing Coordinator and Assistant Nursing Coordinator shall be registered professional nurses licensed in this State who have graduated from an approved school of nursing and hold at least a master's degree in nursing from an accredited college or university.
(Source: P.A. 95‑639, eff. 10‑5‑07.)

    (225 ILCS 65/50‑65) (was 225 ILCS 65/10‑25)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 50‑65. Board.
    (a) The term of each member of the Board of Nursing and the Advanced Practice Nursing Board serving before the effective date of this amendatory Act of the 95th General Assembly shall terminate on the effective date of this amendatory Act of the 95th General Assembly. Beginning on the effective date of this amendatory Act of the 95th General Assembly, the Secretary shall solicit recommendations from nursing organizations and appoint the Board of Nursing, which shall consist of 13 members, one of whom shall be a practical nurse; one of whom shall be a practical nurse educator; one of whom shall be a registered professional nurse in practice; one of whom shall be an associate degree nurse educator; one of whom shall be a baccalaureate degree nurse educator; one of whom shall be a nurse who is actively engaged in direct care; one of whom shall be a registered professional nurse actively engaged in direct care; one of whom shall be a nursing administrator; 4 of whom shall be advanced practice nurses representing CNS, CNP, CNM, and CRNA practice; and one of whom shall be a public member who is not employed in and has no material interest in any health care field. The Board shall receive actual and necessary expenses incurred in the performance of their duties.
    Members of the Board of Nursing and the Advanced Practice Nursing Board whose terms were terminated by this amendatory Act of the 95th General Assembly shall be considered for membership positions on the Board.
    All nursing members of the Board must be (i) residents of this State, (ii) licensed in good standing to practice nursing in this State, (iii) graduates of an approved nursing program, with a minimum of 5 years experience in the field of nursing, and (iv) at the time of appointment to the Board, actively engaged in nursing or work related to nursing.
    Membership terms shall be for 3 years, except that in making initial appointments, the Secretary shall appoint all members for initial terms of 2, 3, and 4 years and these terms shall be staggered as follows: 3 shall be appointed for terms of 2 years; 4 shall be appointed for terms of 3 years; and 6 shall be appointed for terms of 4 years. No member shall be appointed to more than 2 consecutive terms. In the case of a vacated position, an individual may be appointed to serve the unexpired portion of that term; if the term is less than half of a full term, the individual is eligible to serve 2 full terms.
    The Secretary may remove any member of the Board for misconduct, incapacity, or neglect of duty. The Secretary shall reduce to writing any causes for removal.
    The Board shall meet annually to elect a chairperson and vice chairperson. The Board shall hold regularly scheduled meetings during the year. A simple majority of the Board shall constitute a quorum at any meeting. Any action taken by the Board must be on the affirmative vote of a simple majority of members. Voting by proxy shall not be permitted. In the case of an emergency where all Board members cannot meet in person, the Board may convene a meeting via an electronic format in accordance with the Open Meetings Act.
    (b) The Board may perform each of the following activities:
        (1) Recommend to the Department the adoption and the
     revision of rules necessary for the administration of this Act;
        (2) Recommend the approval, denial of approval,
     withdrawal of approval, or discipline of nursing education programs;
    (c) The Board shall participate in disciplinary conferences and hearings and make recommendations to the Department regarding disciplinary action taken against a licens