Illinois Compiled Statutes 225 ILCS 510 — Nurse Agency Licensing Act.

Short title

Short title. This Act may be cited as the Nurse Agency Licensing Act. (Source: P.A. 86-817; 86-1475.)

The General Assembly intends to protect the public's right to high quality health care by assuring that nurse agencies employ, assign and refer licensed and certified personnel to health care facilities. (Source: P.A. 86-817.)

Definitions

Definitions. As used in this Act: "Certified nurse aide" means an individual certified as defined in Section 3-206 of the Nursing Home Care Act, Section 3-206 of the ID/DD Community Care Act, or Section 3-206 of the MC/DD Act, as now or hereafter amended. "Covenant not to compete" means an agreement between a nurse age…

Licensing

Licensing. The Department shall license nurse agencies in accordance with this Act for the protection of the health, welfare and safety of patients and residents. No nurse agency may lawfully establish, operate, maintain, or advertise in the State of Illinois unless the nurse agency is licensed under this Act by the De…

Application for license

Application for license. An application to operate a nurse agency shall be made to the Department on forms provided by the Department. A separate application shall be submitted for each additional location from which a nurse agency is operated. All applications must be under oath and must be accompanied by an equitable…

Issuance of license

Issuance of license. Upon receipt and after review of an application for a license under this Act, the Director shall issue a license if it is determined that the applicant is qualified to operate a nurse agency, based upon demonstrated compliance with Section 5 of this Act. A license issued by the Department in accord…

Renewal of license

Renewal of license. At least 90 days prior to license expiration, the licensee shall submit an attestation detailing the number of contracted shifts, number of shifts missed, number of shifts fulfilled for the 3 quarters preceding the application date, and an application which meets the requirements of Section 5 of thi…

Grounds for denial of a license

Grounds for denial of a license. An application for a license may be denied for any of the following reasons: (a) failure to comply with the minimum standards set forth by this Act or its rules; (b) conviction of the applicant of a felony; (c) insufficient financial or other resources to operate the nurse agency in acc…

Suspension, revocation, or refusal to issue or renew a license

Suspension, revocation, or refusal to issue or renew a license. The Department may, after appropriate notice and hearing, suspend, revoke, or refuse to issue or renew any license if the licensee or applicant fails to comply with this Act or the rules and regulations promulgated by the Department under this Act. (Source…

Illinois Administrative Procedure Act

Illinois Administrative Procedure Act. The Illinois Administrative Procedure Act, including the contested case provisions and the requirements of Section 10-65 of that Act, shall apply to this Act. (Source: P.A. 88-45.)

Review under the Administrative Review Law

Review under the Administrative Review Law. All final administrative decisions of the Department under this Act are subject to judicial review under the Administrative Review Law, as now or hereafter amended, and its rules. Administrative decision is defined as in Section 3-101 of the Code of Civil Procedure, as now or…

Liability of nurse agencies

Liability of nurse agencies. Health care facilities are responsible for supervising nurse agency employees assigned or referred to the facilities; however, where a health care facility is found liable for an injury to a patient or resident because of a negligent act performed by a nurse or certified nurse aide employed…

Application for employment

Application for employment. (a) Every nurse agency shall cause each applicant for employment, assignment, or referral, as a nurse to complete an application form including the following information: (1) name and address of the applicant; (2) whether or not such applicant is a nurse currently licensed by the Department…

Minimum Standards

Minimum Standards. (a) The Department, by rule, shall establish minimum standards for the operation of nurse agencies. Those standards shall include, but are not limited to: (1) the maintenance of written policies and procedures; (2) the maintenance and submission to the Department of copies of all contracts between th…

Investigations; orders; civil penalties

Investigations; orders; civil penalties. (a) The Department may at any time, and shall upon receiving a complaint from any interested person, investigate any nurse agency licensed or applying for a license under this Act suspected of violating any provision of any Section except Section 14.3. The Department shall inves…

Criminal penalties; report of violation

Criminal penalties; report of violation. (a) Any person who wilfully violates any provision of this Act, or any rule adopted or order issued under this Act, or who obstructs the Department, its inspectors or agents, from investigating any alleged violation of this Act or of any rule adopted or order issued under this A…

Contracts between nurse agencies and health care facilities

Contracts between nurse agencies and health care facilities. (a) A contract entered into on or after the effective date of this amendatory Act of the 103rd General Assembly between the nurse agency and health care facility must contain the following provisions: (1) A full disclosure of charges and compensation. The dis…

Rulemaking

Rulemaking. The Department shall adopt rules pursuant to the Illinois Administrative Procedure Act to implement this Act. (Source: P.A. 86-817.)