225 ILCS 65/65-65
2021 Illinois Compiled Statutes|Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS|225 ILCS 65/ - Nurse Practice Act.|Article 65 - Advanced Practice Registered Nurses

(225 ILCS 65/65-65)   (was 225 ILCS 65/15-55)(Section scheduled to be repealed on January 1, 2028)Sec. 65-65. Reports relating to APRN 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 Board when an advanced practice registered nurse'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 have a mental or physical disability that may endanger patients under that person's care.  The chief administrator or officer shall also report if an advanced practice registered nurse 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 have a mental or physical disability that may endanger patients under that person's care.  The Department shall provide by rule for the reporting to it of all instances in which a person licensed under this Article, 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 Board or authorized staff as provided by rule of the Department.  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  Board shall have current information upon which to determine the status of that person.  Initial and periodic reports of impaired advanced practice registered nurses shall not be considered records within the meaning of the State Records Act and shall be disposed  of, following a determination by the Board that such reports are no longer required, in a manner and at an appropriate time as the 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 Article, operating within this State, shall report to the Board when the association or society renders a final determination that a person licensed under this Article has committed unprofessional conduct related directly to patient care or that a person may have a mental or physical disability 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 Article, or any other entity that seeks to indemnify the professional liability of a person licensed under this Article, shall report to the 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 Board all instances in which a person licensed under this Article 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 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 Article has either committed an act or acts that may constitute a violation of this Article, that may constitute unprofessional conduct related directly to patient care, or that indicates that a person licensed under this Article may have a mental or physical disability that may endanger patients under that person's care.(b) Mandatory Reporting.  All reports required under items  (16) and (17) of subsection (a) of Section 70-5 shall  be submitted to  the  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 Article.  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 Board,  the 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 willful and  wanton manner, in complying with this Section by providing  a report or other information to the Board, by  assisting in the investigation or preparation of a report or  information, by participating in proceedings of the   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 Board,  the    Board's attorneys, the investigative staff, advanced  practice registered 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   Board, (ii) performed in good faith, and (iii) not willful 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 willful   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 willful 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 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 Board.  Upon the receipt of a  report called for by this Section, other than those reports  of impaired persons licensed under this Article    required  pursuant to the rules of the Board, the Board shall  notify in writing by certified or registered mail or by email to the email address of record the person who is the  subject of the report.  The notification shall be made  within 30 days of receipt by the 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 Board no more than 30 days after the  date on which the person was notified of the existence of the  original report.  The  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  Board shall be in  a timely manner but in no event shall the  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 Board. When the   Board makes its initial review of the materials  contained within its disciplinary files, the 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 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  Board of any final action on their report  or complaint.(f) (Blank).(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 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. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18.)