State Codes and Statutes

Statutes > Illinois > Chapter225 > 1313

    (225 ILCS 70/1)(from Ch. 111, par. 3651)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 1. This Act shall be known and may be cited as the "Nursing Home Administrators Licensing and Disciplinary Act".
(Source: P.A. 85‑932.)

    (225 ILCS 70/2)(from Ch. 111, par. 3652)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 2. The practice of nursing home administration 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 home administration as defined in this Act, merit and receive the confidence of the public, that only qualified persons be authorized to practice as nursing home administrators in the State of Illinois. This Act shall be liberally construed to best carry out these subjects and purposes.
(Source: P.A. 85‑932.)

    (225 ILCS 70/3)(from Ch. 111, par. 3653)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 3. This Act does not prohibit:
    1. Any person licensed in this State under any other Act from engaging in the practice for which he or she is licensed;
    2. 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;
    3. Nothing in this Act or the rules and regulations requires an applicant for a license as a nursing home administrator or a temporary license to demonstrate proficiency in any medical techniques or to meet any medical educational qualifications or medical standards not in accord with the remedial care and treatment provided in such institutions, if that applicant is employed by an institution conducted by and for persons relying upon spiritual means through prayer alone for healing in accord with the tenets and practices of a recognized church or religious denomination for the care and treatment of the sick;
    4. Nothing in this Act shall prohibit an individual not licensed under this Act to serve as an assistant administrator so long as such assistant administrator works under the supervision and full professional responsibility of the nursing home administrator.
(Source: P.A. 89‑594, eff. 8‑1‑96.)

    (225 ILCS 70/4)(from Ch. 111, par. 3654)
    (Text of Section before amendment by P.A. 96‑339)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 4. Definitions. For purposes of this Act, the following definitions shall have the following meanings, except where the context requires otherwise:
        (1) "Act" means the Nursing Home Administrators
     Licensing and Disciplinary Act.
        (2) "Department" means the Department of Financial
     and Professional Regulation.
        (3) "Secretary" means the Secretary of Financial
     and Professional Regulation.
        (4) "Board" means the Nursing Home Administrators
     Licensing and Disciplinary Board appointed by the Governor.
        (5) "Nursing home administrator" means the
     individual licensed under this Act and directly responsible for planning, organizing, directing and supervising the operation of a nursing home, or who in fact performs such functions, whether or not such functions are delegated to one or more other persons.
        (6) "Nursing home" or "facility" means any entity
     that is required to be licensed by the Department of Public Health under the Nursing Home Care Act, as amended, other than a sheltered care home as defined thereunder, and includes private homes, institutions, buildings, residences, or other places, whether operated for profit or not, irrespective of the names attributed to them, county homes for the infirm and chronically ill operated pursuant to the County Nursing Home Act, as amended, and any similar institutions operated by a political subdivision of the State of Illinois that provide, though their ownership or management, maintenance, personal care, and nursing for 3 or more persons, not related to the owner by blood or marriage, or any similar facilities in which maintenance is provided to 3 or more persons who by reason of illness of physical infirmity require personal care and nursing.
        (7) "Maintenance" means food, shelter and laundry.
        (8) "Personal care" means assistance with meals,
     dressing, movement, bathing, or other personal needs, or general supervision of the physical and mental well‑being of an individual who because of age, physical, or mental disability, emotion or behavior disorder, or mental retardation is incapable of managing his or her person, whether or not a guardian has been appointed for such individual. For the purposes of this Act, this definition does not include the professional services of a nurse.
        (9) "Nursing" means professional nursing or
     practical nursing, as those terms are defined in the Nurse Practice Act, for sick or infirm persons who are under the care and supervision of licensed physicians or dentists.
        (10) "Disciplinary action" means revocation,
     suspension, probation, supervision, reprimand, required education, fines or any other action taken by the Department against a person holding a license.
        (11) "Impaired" means the inability to practice 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 administer a nursing home.
        (12) "Address of record" means the designated address
     recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and such changes must be made either through the Department's website or by contacting the Department's licensure maintenance unit.
(Source: P.A. 95‑639, eff. 10‑5‑07; 95‑703, eff. 12‑31‑07; 96‑328, eff. 8‑11‑09.)
 
    (Text of Section after amendment by P.A. 96‑339)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 4. Definitions. For purposes of this Act, the following definitions shall have the following meanings, except where the context requires otherwise:
        (1) "Act" means the Nursing Home Administrators
     Licensing and Disciplinary Act.
        (2) "Department" means the Department of Financial
     and Professional Regulation.
        (3) "Secretary" means the Secretary of Financial
     and Professional Regulation.
        (4) "Board" means the Nursing Home Administrators
     Licensing and Disciplinary Board appointed by the Governor.
        (5) "Nursing home administrator" means the
     individual licensed under this Act and directly responsible for planning, organizing, directing and supervising the operation of a nursing home, or who in fact performs such functions, whether or not such functions are delegated to one or more other persons.
        (6) "Nursing home" or "facility" means any entity
     that is required to be licensed by the Department of Public Health under the Nursing Home Care Act, as amended, other than a sheltered care home as defined thereunder, and includes private homes, institutions, buildings, residences, or other places, whether operated for profit or not, irrespective of the names attributed to them, county homes for the infirm and chronically ill operated pursuant to the County Nursing Home Act, as amended, and any similar institutions operated by a political subdivision of the State of Illinois that provide, though their ownership or management, maintenance, personal care, and nursing for 3 or more persons, not related to the owner by blood or marriage, or any similar facilities in which maintenance is provided to 3 or more persons who by reason of illness of physical infirmity require personal care and nursing. The term also means any facility licensed under the MR/DD Community Care Act.
        (7) "Maintenance" means food, shelter and laundry.
        (8) "Personal care" means assistance with meals,
     dressing, movement, bathing, or other personal needs, or general supervision of the physical and mental well‑being of an individual who because of age, physical, or mental disability, emotion or behavior disorder, or mental retardation is incapable of managing his or her person, whether or not a guardian has been appointed for such individual. For the purposes of this Act, this definition does not include the professional services of a nurse.
        (9) "Nursing" means professional nursing or
     practical nursing, as those terms are defined in the Nurse Practice Act, for sick or infirm persons who are under the care and supervision of licensed physicians or dentists.
        (10) "Disciplinary action" means revocation,
     suspension, probation, supervision, reprimand, required education, fines or any other action taken by the Department against a person holding a license.
        (11) "Impaired" means the inability to practice 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 administer a nursing home.
        (12) "Address of record" means the designated address
     recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and such changes must be made either through the Department's website or by contacting the Department's licensure maintenance unit.
(Source: P.A. 95‑639, eff. 10‑5‑07; 95‑703, eff. 12‑31‑07; 96‑328, eff. 8‑11‑09; 96‑339, eff. 7‑1‑10.)

    (225 ILCS 70/5)(from Ch. 111, par. 3655)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 5. Board.
    (a) There is hereby created the Nursing Home Administrators Licensing and Disciplinary Board. The Board shall consist of 7 members appointed by the Governor. All shall be residents of the State of Illinois. Two members shall be representatives of the general public. Five members shall be nursing home administrators who for at least 5 years prior to their appointments were licensed under this Act. The public members shall have no responsibility for management or formation of policy of, nor any financial interest in, nursing homes as defined in this Act, nor any other connection with the profession. In appointing licensed nursing home administrators, the Governor shall take into consideration the recommendations of the nursing home professional associations.
    (b) Members shall be appointed for a term of 4 years by the Governor. The Governor shall fill any vacancy for the remainder of the unexpired term. Any member of the Board may be removed by the Governor for cause. Each member shall serve on the Board until his or her successor is appointed and qualified. No member of the Board shall serve more than 2 consecutive 4 year terms.
    In making appointments the Governor shall attempt to insure that the various geographic regions of the State of Illinois are properly represented.
    (c) The Board shall annually elect one of its members as chairperson and one as vice chairperson. No officer shall be elected more than twice in succession to the same office. Each officer shall serve until his or her successor has been elected and qualified.
    (d) A majority of the Board members currently appointed shall constitute a quorum. A vacancy in the membership of the Board shall not impair the right of a quorum to exercise all the rights and perform all the duties of the Board.
    (e) Each member and member‑officer of the Board may receive a per diem stipend as the Secretary shall determine. Each member shall be paid their necessary expenses while engaged in the performance of his or her duties.
    (f) (Blank).
    (g) (Blank).
    (h) Members of the Board shall be immune from suit in any action based upon any disciplinary proceedings or other acts performed in good faith as members of the Board.
    (i) (Blank).
    (j) The Secretary shall give due consideration to all recommendations of the Board. If the Secretary disagrees with or takes action contrary to the recommendation of the Board, he or she shall provide the Board with a written and specific explanation of his or her action.
(Source: P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 70/5.1)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 5.1. Powers and duties; rules. The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for administration of licensing acts and shall exercise such other powers and duties necessary for effectuating the purposes of this Act. The Department shall adopt rules to implement, interpret, or make specific the provisions and purposes of this Act and may prescribe forms that shall be issued in connection with rulemaking. The Department shall transmit the proposed rulemaking to the Board.
    The Department may solicit the advice of the Board on any matter relating to the administration and enforcement of this Act.
    Upon the written request of the Department, the Department of Public Health, the Department of Human Services or the Department of State Police may cooperate and assist in any investigation undertaken by the Board.
(Source: P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 70/6)(from Ch. 111, par. 3656)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 6. Application procedure. Applications for original licenses shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be refundable. The application shall require information as in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for a license.
    Applicants have 3 years after the date of application to complete the application process. If the process has not been completed in 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 70/6.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 6.5. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)

    (225 ILCS 70/7)(from Ch. 111, par. 3657)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 7. Examination. The Department shall authorize examinations of applicants as nursing home administrators at such times and places as it may determine. Examinations shall be held not less frequently than 2 times every year. The examination of applicants shall be of a character to give a fair test of the qualifications of the applicant to practice nursing home administration.
    Applicants for examination as nursing home administrators shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
    If an applicant neglects, fails or refuses to take an examination or fails to pass an examination for a license under this Act within 3 years after filing his or her licensure application, the application shall be denied and the examination shall be void. However, such applicant may thereafter make a new application for examination accompanied by the required fee, and must furnish proof of meeting qualifications for examination in effect at the time of new application.
    An applicant shall have one year from the date of notification of successful completion of the examination to apply to the Department for a license. If an applicant fails to apply within one year, the applicant shall be required to again take and pass the examination.
    The Department may employ consultants for the purpose of preparing and conducting examinations.
(Source: P.A. 90‑61, eff. 12‑30‑97.)

    (225 ILCS 70/8)(from Ch. 111, par. 3658)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 8. Qualifications for license. A person is qualified to receive a license as a nursing home administrator:
        (a) who is at least 21 years of age,
        (b) who has not engaged in conduct or behavior
     determined to be grounds for discipline under this Act,
        (c) who is in sound physical and mental health,
        (d) (blank),
        (e) who is a graduate of a college or university
     deemed reputable and in good standing by the Department, or who has satisfactorily completed a course of instruction approved by the Department containing subjects embracing the laws governing the operation of nursing homes, the protection of the health and safety of patients in nursing homes and the elements of sound nursing home administration, or who presents evidence to the Department of education, training and experience deemed by the Department to be equivalent to either of the above,
        (f) who passes a written examination conducted by
     the Department to determine his or her fitness to receive a license as a nursing home administrator, and
        (g) who pays the required fee.
(Source: P.A. 89‑387, eff. 8‑20‑95; 90‑61, eff. 12‑30‑97.)

    (225 ILCS 70/9)(from Ch. 111, par. 3659)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 9. Temporary license without examination. The Department may in its discretion issue without examination a temporary license as a nursing home administrator to any applicant who furnishes the Department with satisfactory proof under oath, on forms prescribed by the Department, that he or she:
        (a) is at least 21 years of age,
        (b) has not engaged in conduct or behavior
     determined to be grounds for discipline under this Act,
        (c) is in sound physical and mental health,
        (d) (blank),
        (e) is a graduate of a college or university deemed
     reputable and in good standing by the Department, or who has satisfactorily completed a course of instruction approved by the Department containing subjects embracing the laws governing the operation of nursing homes, the protection of the health and safety of patients in nursing homes and the elements of sound nursing home administration, or who presents evidence to the Department of education, training, and experience deemed by the Department to be equivalent to either of the above,
        (f) has been accepted or appointed as a nursing home
     administrator in a facility licensed to provide nursing care by the Department of Public Health, and
        (g) pays the required fee.
    The applicant shall indicate the beginning date of the period for which he or she has been accepted or appointed and shall specify the particular facility in which he or she will serve as administrator.
    After receiving a temporary license under this Section, the holder of a temporary license shall take the examination for a license under this Act that is scheduled to be given before his or her temporary license expires. The temporary license of an individual who passes the examination shall be valid until he or she applies for and receives a license under Section 7 of this Act.
    Temporary licenses issued pursuant to this Section shall be valid only for a period of one year from date of issuance. A temporary license issued under this Section may be extended only for one additional one‑year period if the applicant took the examination during the period of his or her temporary license. The applicant shall retake the examination prior to the expiration of the extended temporary license. The holder of a temporary license shall be entitled to serve as a nursing home administrator in the particular facility indicated on his or her application, but he or she shall not be entitled to engage in the practice of nursing home administration in any other facility without first applying to the Department and having been granted an amended temporary license designating a different facility.
    Upon the termination of his or her service or the lapse or revocation of his or her license, whichever is sooner, the holder of a temporary license shall surrender it to the Department.
    A temporary license may be revoked by the Department upon proof that the holder has engaged in the practice of nursing home administration in this State in a facility not named on his or her application.
    An applicant for a temporary license as a nursing home administrator may act as a nursing home administrator for a period of up to 60 days prior to the issuance of a license if the applicant has submitted the required fee and an application for licensure to the Department. This 60‑day period may be extended until the next Board meeting if action by the Board is required. The applicant shall keep a copy of the submitted application on the premises where the applicant is engaged in the practice as a nursing home administrator.
    The authority to practice shall terminate immediately upon the denial of licensure by the Department or the withdrawal of the application.
(Source: P.A. 89‑197, eff. 7‑21‑95; 90‑61, eff. 12‑30‑97.)

    (225 ILCS 70/10)(from Ch. 111, par. 3660)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 10. License requirement. It shall be unlawful for any person to operate or manage a nursing home in the State of Illinois unless he or she is licensed as a nursing home administrator in accordance with this Act.
    The practice of nursing home administration, or the use of the title "Licensed Nursing Home Administrator", the initials "N.H.A." or any other word or abbreviation indicating that he or she is a nursing home administrator, by any person who has not been issued a license or whose license has been suspended or revoked is hereby declared to be inimical to public health and welfare and to constitute a public nuisance.
    Nothing in this Act or in the rules adopted hereunder shall require an administrator of any facility or institution operated solely by and for persons who rely exclusively upon treatment by spiritual means through prayer alone, in accordance with the creed or tenets of any well‑recognized church or religious denomination, to be licensed as a nursing home administrator.
(Source: P.A. 90‑61, eff. 12‑30‑97.)

    (225 ILCS 70/10.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 10.5. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a nursing home administrator 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. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 70/11)(from Ch. 111, par. 3661)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 11. Expiration; renewal; continuing education. The expiration date and renewal period for each license issued under this Act shall be set by rule.
    Each licensee shall provide proof of having obtained 36 hours of continuing education in the 2 year period preceding the renewal date of the license as a condition of license renewal. The continuing education req

State Codes and Statutes

Statutes > Illinois > Chapter225 > 1313

    (225 ILCS 70/1) (from Ch. 111, par. 3651)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 1. This Act shall be known and may be cited as the "Nursing Home Administrators Licensing and Disciplinary Act".
(Source: P.A. 85‑932.)

    (225 ILCS 70/2)(from Ch. 111, par. 3652)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 2. The practice of nursing home administration 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 home administration as defined in this Act, merit and receive the confidence of the public, that only qualified persons be authorized to practice as nursing home administrators in the State of Illinois. This Act shall be liberally construed to best carry out these subjects and purposes.
(Source: P.A. 85‑932.)

    (225 ILCS 70/3)(from Ch. 111, par. 3653)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 3. This Act does not prohibit:
    1. Any person licensed in this State under any other Act from engaging in the practice for which he or she is licensed;
    2. 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;
    3. Nothing in this Act or the rules and regulations requires an applicant for a license as a nursing home administrator or a temporary license to demonstrate proficiency in any medical techniques or to meet any medical educational qualifications or medical standards not in accord with the remedial care and treatment provided in such institutions, if that applicant is employed by an institution conducted by and for persons relying upon spiritual means through prayer alone for healing in accord with the tenets and practices of a recognized church or religious denomination for the care and treatment of the sick;
    4. Nothing in this Act shall prohibit an individual not licensed under this Act to serve as an assistant administrator so long as such assistant administrator works under the supervision and full professional responsibility of the nursing home administrator.
(Source: P.A. 89‑594, eff. 8‑1‑96.)

    (225 ILCS 70/4)(from Ch. 111, par. 3654)
    (Text of Section before amendment by P.A. 96‑339)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 4. Definitions. For purposes of this Act, the following definitions shall have the following meanings, except where the context requires otherwise:
        (1) "Act" means the Nursing Home Administrators
     Licensing and Disciplinary Act.
        (2) "Department" means the Department of Financial
     and Professional Regulation.
        (3) "Secretary" means the Secretary of Financial
     and Professional Regulation.
        (4) "Board" means the Nursing Home Administrators
     Licensing and Disciplinary Board appointed by the Governor.
        (5) "Nursing home administrator" means the
     individual licensed under this Act and directly responsible for planning, organizing, directing and supervising the operation of a nursing home, or who in fact performs such functions, whether or not such functions are delegated to one or more other persons.
        (6) "Nursing home" or "facility" means any entity
     that is required to be licensed by the Department of Public Health under the Nursing Home Care Act, as amended, other than a sheltered care home as defined thereunder, and includes private homes, institutions, buildings, residences, or other places, whether operated for profit or not, irrespective of the names attributed to them, county homes for the infirm and chronically ill operated pursuant to the County Nursing Home Act, as amended, and any similar institutions operated by a political subdivision of the State of Illinois that provide, though their ownership or management, maintenance, personal care, and nursing for 3 or more persons, not related to the owner by blood or marriage, or any similar facilities in which maintenance is provided to 3 or more persons who by reason of illness of physical infirmity require personal care and nursing.
        (7) "Maintenance" means food, shelter and laundry.
        (8) "Personal care" means assistance with meals,
     dressing, movement, bathing, or other personal needs, or general supervision of the physical and mental well‑being of an individual who because of age, physical, or mental disability, emotion or behavior disorder, or mental retardation is incapable of managing his or her person, whether or not a guardian has been appointed for such individual. For the purposes of this Act, this definition does not include the professional services of a nurse.
        (9) "Nursing" means professional nursing or
     practical nursing, as those terms are defined in the Nurse Practice Act, for sick or infirm persons who are under the care and supervision of licensed physicians or dentists.
        (10) "Disciplinary action" means revocation,
     suspension, probation, supervision, reprimand, required education, fines or any other action taken by the Department against a person holding a license.
        (11) "Impaired" means the inability to practice 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 administer a nursing home.
        (12) "Address of record" means the designated address
     recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and such changes must be made either through the Department's website or by contacting the Department's licensure maintenance unit.
(Source: P.A. 95‑639, eff. 10‑5‑07; 95‑703, eff. 12‑31‑07; 96‑328, eff. 8‑11‑09.)
 
    (Text of Section after amendment by P.A. 96‑339)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 4. Definitions. For purposes of this Act, the following definitions shall have the following meanings, except where the context requires otherwise:
        (1) "Act" means the Nursing Home Administrators
     Licensing and Disciplinary Act.
        (2) "Department" means the Department of Financial
     and Professional Regulation.
        (3) "Secretary" means the Secretary of Financial
     and Professional Regulation.
        (4) "Board" means the Nursing Home Administrators
     Licensing and Disciplinary Board appointed by the Governor.
        (5) "Nursing home administrator" means the
     individual licensed under this Act and directly responsible for planning, organizing, directing and supervising the operation of a nursing home, or who in fact performs such functions, whether or not such functions are delegated to one or more other persons.
        (6) "Nursing home" or "facility" means any entity
     that is required to be licensed by the Department of Public Health under the Nursing Home Care Act, as amended, other than a sheltered care home as defined thereunder, and includes private homes, institutions, buildings, residences, or other places, whether operated for profit or not, irrespective of the names attributed to them, county homes for the infirm and chronically ill operated pursuant to the County Nursing Home Act, as amended, and any similar institutions operated by a political subdivision of the State of Illinois that provide, though their ownership or management, maintenance, personal care, and nursing for 3 or more persons, not related to the owner by blood or marriage, or any similar facilities in which maintenance is provided to 3 or more persons who by reason of illness of physical infirmity require personal care and nursing. The term also means any facility licensed under the MR/DD Community Care Act.
        (7) "Maintenance" means food, shelter and laundry.
        (8) "Personal care" means assistance with meals,
     dressing, movement, bathing, or other personal needs, or general supervision of the physical and mental well‑being of an individual who because of age, physical, or mental disability, emotion or behavior disorder, or mental retardation is incapable of managing his or her person, whether or not a guardian has been appointed for such individual. For the purposes of this Act, this definition does not include the professional services of a nurse.
        (9) "Nursing" means professional nursing or
     practical nursing, as those terms are defined in the Nurse Practice Act, for sick or infirm persons who are under the care and supervision of licensed physicians or dentists.
        (10) "Disciplinary action" means revocation,
     suspension, probation, supervision, reprimand, required education, fines or any other action taken by the Department against a person holding a license.
        (11) "Impaired" means the inability to practice 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 administer a nursing home.
        (12) "Address of record" means the designated address
     recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and such changes must be made either through the Department's website or by contacting the Department's licensure maintenance unit.
(Source: P.A. 95‑639, eff. 10‑5‑07; 95‑703, eff. 12‑31‑07; 96‑328, eff. 8‑11‑09; 96‑339, eff. 7‑1‑10.)

    (225 ILCS 70/5)(from Ch. 111, par. 3655)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 5. Board.
    (a) There is hereby created the Nursing Home Administrators Licensing and Disciplinary Board. The Board shall consist of 7 members appointed by the Governor. All shall be residents of the State of Illinois. Two members shall be representatives of the general public. Five members shall be nursing home administrators who for at least 5 years prior to their appointments were licensed under this Act. The public members shall have no responsibility for management or formation of policy of, nor any financial interest in, nursing homes as defined in this Act, nor any other connection with the profession. In appointing licensed nursing home administrators, the Governor shall take into consideration the recommendations of the nursing home professional associations.
    (b) Members shall be appointed for a term of 4 years by the Governor. The Governor shall fill any vacancy for the remainder of the unexpired term. Any member of the Board may be removed by the Governor for cause. Each member shall serve on the Board until his or her successor is appointed and qualified. No member of the Board shall serve more than 2 consecutive 4 year terms.
    In making appointments the Governor shall attempt to insure that the various geographic regions of the State of Illinois are properly represented.
    (c) The Board shall annually elect one of its members as chairperson and one as vice chairperson. No officer shall be elected more than twice in succession to the same office. Each officer shall serve until his or her successor has been elected and qualified.
    (d) A majority of the Board members currently appointed shall constitute a quorum. A vacancy in the membership of the Board shall not impair the right of a quorum to exercise all the rights and perform all the duties of the Board.
    (e) Each member and member‑officer of the Board may receive a per diem stipend as the Secretary shall determine. Each member shall be paid their necessary expenses while engaged in the performance of his or her duties.
    (f) (Blank).
    (g) (Blank).
    (h) Members of the Board shall be immune from suit in any action based upon any disciplinary proceedings or other acts performed in good faith as members of the Board.
    (i) (Blank).
    (j) The Secretary shall give due consideration to all recommendations of the Board. If the Secretary disagrees with or takes action contrary to the recommendation of the Board, he or she shall provide the Board with a written and specific explanation of his or her action.
(Source: P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 70/5.1)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 5.1. Powers and duties; rules. The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for administration of licensing acts and shall exercise such other powers and duties necessary for effectuating the purposes of this Act. The Department shall adopt rules to implement, interpret, or make specific the provisions and purposes of this Act and may prescribe forms that shall be issued in connection with rulemaking. The Department shall transmit the proposed rulemaking to the Board.
    The Department may solicit the advice of the Board on any matter relating to the administration and enforcement of this Act.
    Upon the written request of the Department, the Department of Public Health, the Department of Human Services or the Department of State Police may cooperate and assist in any investigation undertaken by the Board.
(Source: P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 70/6)(from Ch. 111, par. 3656)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 6. Application procedure. Applications for original licenses shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be refundable. The application shall require information as in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for a license.
    Applicants have 3 years after the date of application to complete the application process. If the process has not been completed in 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 70/6.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 6.5. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)

    (225 ILCS 70/7)(from Ch. 111, par. 3657)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 7. Examination. The Department shall authorize examinations of applicants as nursing home administrators at such times and places as it may determine. Examinations shall be held not less frequently than 2 times every year. The examination of applicants shall be of a character to give a fair test of the qualifications of the applicant to practice nursing home administration.
    Applicants for examination as nursing home administrators shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
    If an applicant neglects, fails or refuses to take an examination or fails to pass an examination for a license under this Act within 3 years after filing his or her licensure application, the application shall be denied and the examination shall be void. However, such applicant may thereafter make a new application for examination accompanied by the required fee, and must furnish proof of meeting qualifications for examination in effect at the time of new application.
    An applicant shall have one year from the date of notification of successful completion of the examination to apply to the Department for a license. If an applicant fails to apply within one year, the applicant shall be required to again take and pass the examination.
    The Department may employ consultants for the purpose of preparing and conducting examinations.
(Source: P.A. 90‑61, eff. 12‑30‑97.)

    (225 ILCS 70/8)(from Ch. 111, par. 3658)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 8. Qualifications for license. A person is qualified to receive a license as a nursing home administrator:
        (a) who is at least 21 years of age,
        (b) who has not engaged in conduct or behavior
     determined to be grounds for discipline under this Act,
        (c) who is in sound physical and mental health,
        (d) (blank),
        (e) who is a graduate of a college or university
     deemed reputable and in good standing by the Department, or who has satisfactorily completed a course of instruction approved by the Department containing subjects embracing the laws governing the operation of nursing homes, the protection of the health and safety of patients in nursing homes and the elements of sound nursing home administration, or who presents evidence to the Department of education, training and experience deemed by the Department to be equivalent to either of the above,
        (f) who passes a written examination conducted by
     the Department to determine his or her fitness to receive a license as a nursing home administrator, and
        (g) who pays the required fee.
(Source: P.A. 89‑387, eff. 8‑20‑95; 90‑61, eff. 12‑30‑97.)

    (225 ILCS 70/9)(from Ch. 111, par. 3659)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 9. Temporary license without examination. The Department may in its discretion issue without examination a temporary license as a nursing home administrator to any applicant who furnishes the Department with satisfactory proof under oath, on forms prescribed by the Department, that he or she:
        (a) is at least 21 years of age,
        (b) has not engaged in conduct or behavior
     determined to be grounds for discipline under this Act,
        (c) is in sound physical and mental health,
        (d) (blank),
        (e) is a graduate of a college or university deemed
     reputable and in good standing by the Department, or who has satisfactorily completed a course of instruction approved by the Department containing subjects embracing the laws governing the operation of nursing homes, the protection of the health and safety of patients in nursing homes and the elements of sound nursing home administration, or who presents evidence to the Department of education, training, and experience deemed by the Department to be equivalent to either of the above,
        (f) has been accepted or appointed as a nursing home
     administrator in a facility licensed to provide nursing care by the Department of Public Health, and
        (g) pays the required fee.
    The applicant shall indicate the beginning date of the period for which he or she has been accepted or appointed and shall specify the particular facility in which he or she will serve as administrator.
    After receiving a temporary license under this Section, the holder of a temporary license shall take the examination for a license under this Act that is scheduled to be given before his or her temporary license expires. The temporary license of an individual who passes the examination shall be valid until he or she applies for and receives a license under Section 7 of this Act.
    Temporary licenses issued pursuant to this Section shall be valid only for a period of one year from date of issuance. A temporary license issued under this Section may be extended only for one additional one‑year period if the applicant took the examination during the period of his or her temporary license. The applicant shall retake the examination prior to the expiration of the extended temporary license. The holder of a temporary license shall be entitled to serve as a nursing home administrator in the particular facility indicated on his or her application, but he or she shall not be entitled to engage in the practice of nursing home administration in any other facility without first applying to the Department and having been granted an amended temporary license designating a different facility.
    Upon the termination of his or her service or the lapse or revocation of his or her license, whichever is sooner, the holder of a temporary license shall surrender it to the Department.
    A temporary license may be revoked by the Department upon proof that the holder has engaged in the practice of nursing home administration in this State in a facility not named on his or her application.
    An applicant for a temporary license as a nursing home administrator may act as a nursing home administrator for a period of up to 60 days prior to the issuance of a license if the applicant has submitted the required fee and an application for licensure to the Department. This 60‑day period may be extended until the next Board meeting if action by the Board is required. The applicant shall keep a copy of the submitted application on the premises where the applicant is engaged in the practice as a nursing home administrator.
    The authority to practice shall terminate immediately upon the denial of licensure by the Department or the withdrawal of the application.
(Source: P.A. 89‑197, eff. 7‑21‑95; 90‑61, eff. 12‑30‑97.)

    (225 ILCS 70/10)(from Ch. 111, par. 3660)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 10. License requirement. It shall be unlawful for any person to operate or manage a nursing home in the State of Illinois unless he or she is licensed as a nursing home administrator in accordance with this Act.
    The practice of nursing home administration, or the use of the title "Licensed Nursing Home Administrator", the initials "N.H.A." or any other word or abbreviation indicating that he or she is a nursing home administrator, by any person who has not been issued a license or whose license has been suspended or revoked is hereby declared to be inimical to public health and welfare and to constitute a public nuisance.
    Nothing in this Act or in the rules adopted hereunder shall require an administrator of any facility or institution operated solely by and for persons who rely exclusively upon treatment by spiritual means through prayer alone, in accordance with the creed or tenets of any well‑recognized church or religious denomination, to be licensed as a nursing home administrator.
(Source: P.A. 90‑61, eff. 12‑30‑97.)

    (225 ILCS 70/10.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 10.5. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a nursing home administrator 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. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 70/11)(from Ch. 111, par. 3661)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 11. Expiration; renewal; continuing education. The expiration date and renewal period for each license issued under this Act shall be set by rule.
    Each licensee shall provide proof of having obtained 36 hours of continuing education in the 2 year period preceding the renewal date of the license as a condition of license renewal. The continuing education req

State Codes and Statutes

State Codes and Statutes

Statutes > Illinois > Chapter225 > 1313

    (225 ILCS 70/1) (from Ch. 111, par. 3651)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 1. This Act shall be known and may be cited as the "Nursing Home Administrators Licensing and Disciplinary Act".
(Source: P.A. 85‑932.)

    (225 ILCS 70/2)(from Ch. 111, par. 3652)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 2. The practice of nursing home administration 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 home administration as defined in this Act, merit and receive the confidence of the public, that only qualified persons be authorized to practice as nursing home administrators in the State of Illinois. This Act shall be liberally construed to best carry out these subjects and purposes.
(Source: P.A. 85‑932.)

    (225 ILCS 70/3)(from Ch. 111, par. 3653)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 3. This Act does not prohibit:
    1. Any person licensed in this State under any other Act from engaging in the practice for which he or she is licensed;
    2. 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;
    3. Nothing in this Act or the rules and regulations requires an applicant for a license as a nursing home administrator or a temporary license to demonstrate proficiency in any medical techniques or to meet any medical educational qualifications or medical standards not in accord with the remedial care and treatment provided in such institutions, if that applicant is employed by an institution conducted by and for persons relying upon spiritual means through prayer alone for healing in accord with the tenets and practices of a recognized church or religious denomination for the care and treatment of the sick;
    4. Nothing in this Act shall prohibit an individual not licensed under this Act to serve as an assistant administrator so long as such assistant administrator works under the supervision and full professional responsibility of the nursing home administrator.
(Source: P.A. 89‑594, eff. 8‑1‑96.)

    (225 ILCS 70/4)(from Ch. 111, par. 3654)
    (Text of Section before amendment by P.A. 96‑339)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 4. Definitions. For purposes of this Act, the following definitions shall have the following meanings, except where the context requires otherwise:
        (1) "Act" means the Nursing Home Administrators
     Licensing and Disciplinary Act.
        (2) "Department" means the Department of Financial
     and Professional Regulation.
        (3) "Secretary" means the Secretary of Financial
     and Professional Regulation.
        (4) "Board" means the Nursing Home Administrators
     Licensing and Disciplinary Board appointed by the Governor.
        (5) "Nursing home administrator" means the
     individual licensed under this Act and directly responsible for planning, organizing, directing and supervising the operation of a nursing home, or who in fact performs such functions, whether or not such functions are delegated to one or more other persons.
        (6) "Nursing home" or "facility" means any entity
     that is required to be licensed by the Department of Public Health under the Nursing Home Care Act, as amended, other than a sheltered care home as defined thereunder, and includes private homes, institutions, buildings, residences, or other places, whether operated for profit or not, irrespective of the names attributed to them, county homes for the infirm and chronically ill operated pursuant to the County Nursing Home Act, as amended, and any similar institutions operated by a political subdivision of the State of Illinois that provide, though their ownership or management, maintenance, personal care, and nursing for 3 or more persons, not related to the owner by blood or marriage, or any similar facilities in which maintenance is provided to 3 or more persons who by reason of illness of physical infirmity require personal care and nursing.
        (7) "Maintenance" means food, shelter and laundry.
        (8) "Personal care" means assistance with meals,
     dressing, movement, bathing, or other personal needs, or general supervision of the physical and mental well‑being of an individual who because of age, physical, or mental disability, emotion or behavior disorder, or mental retardation is incapable of managing his or her person, whether or not a guardian has been appointed for such individual. For the purposes of this Act, this definition does not include the professional services of a nurse.
        (9) "Nursing" means professional nursing or
     practical nursing, as those terms are defined in the Nurse Practice Act, for sick or infirm persons who are under the care and supervision of licensed physicians or dentists.
        (10) "Disciplinary action" means revocation,
     suspension, probation, supervision, reprimand, required education, fines or any other action taken by the Department against a person holding a license.
        (11) "Impaired" means the inability to practice 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 administer a nursing home.
        (12) "Address of record" means the designated address
     recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and such changes must be made either through the Department's website or by contacting the Department's licensure maintenance unit.
(Source: P.A. 95‑639, eff. 10‑5‑07; 95‑703, eff. 12‑31‑07; 96‑328, eff. 8‑11‑09.)
 
    (Text of Section after amendment by P.A. 96‑339)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 4. Definitions. For purposes of this Act, the following definitions shall have the following meanings, except where the context requires otherwise:
        (1) "Act" means the Nursing Home Administrators
     Licensing and Disciplinary Act.
        (2) "Department" means the Department of Financial
     and Professional Regulation.
        (3) "Secretary" means the Secretary of Financial
     and Professional Regulation.
        (4) "Board" means the Nursing Home Administrators
     Licensing and Disciplinary Board appointed by the Governor.
        (5) "Nursing home administrator" means the
     individual licensed under this Act and directly responsible for planning, organizing, directing and supervising the operation of a nursing home, or who in fact performs such functions, whether or not such functions are delegated to one or more other persons.
        (6) "Nursing home" or "facility" means any entity
     that is required to be licensed by the Department of Public Health under the Nursing Home Care Act, as amended, other than a sheltered care home as defined thereunder, and includes private homes, institutions, buildings, residences, or other places, whether operated for profit or not, irrespective of the names attributed to them, county homes for the infirm and chronically ill operated pursuant to the County Nursing Home Act, as amended, and any similar institutions operated by a political subdivision of the State of Illinois that provide, though their ownership or management, maintenance, personal care, and nursing for 3 or more persons, not related to the owner by blood or marriage, or any similar facilities in which maintenance is provided to 3 or more persons who by reason of illness of physical infirmity require personal care and nursing. The term also means any facility licensed under the MR/DD Community Care Act.
        (7) "Maintenance" means food, shelter and laundry.
        (8) "Personal care" means assistance with meals,
     dressing, movement, bathing, or other personal needs, or general supervision of the physical and mental well‑being of an individual who because of age, physical, or mental disability, emotion or behavior disorder, or mental retardation is incapable of managing his or her person, whether or not a guardian has been appointed for such individual. For the purposes of this Act, this definition does not include the professional services of a nurse.
        (9) "Nursing" means professional nursing or
     practical nursing, as those terms are defined in the Nurse Practice Act, for sick or infirm persons who are under the care and supervision of licensed physicians or dentists.
        (10) "Disciplinary action" means revocation,
     suspension, probation, supervision, reprimand, required education, fines or any other action taken by the Department against a person holding a license.
        (11) "Impaired" means the inability to practice 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 administer a nursing home.
        (12) "Address of record" means the designated address
     recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and such changes must be made either through the Department's website or by contacting the Department's licensure maintenance unit.
(Source: P.A. 95‑639, eff. 10‑5‑07; 95‑703, eff. 12‑31‑07; 96‑328, eff. 8‑11‑09; 96‑339, eff. 7‑1‑10.)

    (225 ILCS 70/5)(from Ch. 111, par. 3655)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 5. Board.
    (a) There is hereby created the Nursing Home Administrators Licensing and Disciplinary Board. The Board shall consist of 7 members appointed by the Governor. All shall be residents of the State of Illinois. Two members shall be representatives of the general public. Five members shall be nursing home administrators who for at least 5 years prior to their appointments were licensed under this Act. The public members shall have no responsibility for management or formation of policy of, nor any financial interest in, nursing homes as defined in this Act, nor any other connection with the profession. In appointing licensed nursing home administrators, the Governor shall take into consideration the recommendations of the nursing home professional associations.
    (b) Members shall be appointed for a term of 4 years by the Governor. The Governor shall fill any vacancy for the remainder of the unexpired term. Any member of the Board may be removed by the Governor for cause. Each member shall serve on the Board until his or her successor is appointed and qualified. No member of the Board shall serve more than 2 consecutive 4 year terms.
    In making appointments the Governor shall attempt to insure that the various geographic regions of the State of Illinois are properly represented.
    (c) The Board shall annually elect one of its members as chairperson and one as vice chairperson. No officer shall be elected more than twice in succession to the same office. Each officer shall serve until his or her successor has been elected and qualified.
    (d) A majority of the Board members currently appointed shall constitute a quorum. A vacancy in the membership of the Board shall not impair the right of a quorum to exercise all the rights and perform all the duties of the Board.
    (e) Each member and member‑officer of the Board may receive a per diem stipend as the Secretary shall determine. Each member shall be paid their necessary expenses while engaged in the performance of his or her duties.
    (f) (Blank).
    (g) (Blank).
    (h) Members of the Board shall be immune from suit in any action based upon any disciplinary proceedings or other acts performed in good faith as members of the Board.
    (i) (Blank).
    (j) The Secretary shall give due consideration to all recommendations of the Board. If the Secretary disagrees with or takes action contrary to the recommendation of the Board, he or she shall provide the Board with a written and specific explanation of his or her action.
(Source: P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 70/5.1)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 5.1. Powers and duties; rules. The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for administration of licensing acts and shall exercise such other powers and duties necessary for effectuating the purposes of this Act. The Department shall adopt rules to implement, interpret, or make specific the provisions and purposes of this Act and may prescribe forms that shall be issued in connection with rulemaking. The Department shall transmit the proposed rulemaking to the Board.
    The Department may solicit the advice of the Board on any matter relating to the administration and enforcement of this Act.
    Upon the written request of the Department, the Department of Public Health, the Department of Human Services or the Department of State Police may cooperate and assist in any investigation undertaken by the Board.
(Source: P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 70/6)(from Ch. 111, par. 3656)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 6. Application procedure. Applications for original licenses shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be refundable. The application shall require information as in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for a license.
    Applicants have 3 years after the date of application to complete the application process. If the process has not been completed in 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 70/6.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 6.5. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)

    (225 ILCS 70/7)(from Ch. 111, par. 3657)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 7. Examination. The Department shall authorize examinations of applicants as nursing home administrators at such times and places as it may determine. Examinations shall be held not less frequently than 2 times every year. The examination of applicants shall be of a character to give a fair test of the qualifications of the applicant to practice nursing home administration.
    Applicants for examination as nursing home administrators shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
    If an applicant neglects, fails or refuses to take an examination or fails to pass an examination for a license under this Act within 3 years after filing his or her licensure application, the application shall be denied and the examination shall be void. However, such applicant may thereafter make a new application for examination accompanied by the required fee, and must furnish proof of meeting qualifications for examination in effect at the time of new application.
    An applicant shall have one year from the date of notification of successful completion of the examination to apply to the Department for a license. If an applicant fails to apply within one year, the applicant shall be required to again take and pass the examination.
    The Department may employ consultants for the purpose of preparing and conducting examinations.
(Source: P.A. 90‑61, eff. 12‑30‑97.)

    (225 ILCS 70/8)(from Ch. 111, par. 3658)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 8. Qualifications for license. A person is qualified to receive a license as a nursing home administrator:
        (a) who is at least 21 years of age,
        (b) who has not engaged in conduct or behavior
     determined to be grounds for discipline under this Act,
        (c) who is in sound physical and mental health,
        (d) (blank),
        (e) who is a graduate of a college or university
     deemed reputable and in good standing by the Department, or who has satisfactorily completed a course of instruction approved by the Department containing subjects embracing the laws governing the operation of nursing homes, the protection of the health and safety of patients in nursing homes and the elements of sound nursing home administration, or who presents evidence to the Department of education, training and experience deemed by the Department to be equivalent to either of the above,
        (f) who passes a written examination conducted by
     the Department to determine his or her fitness to receive a license as a nursing home administrator, and
        (g) who pays the required fee.
(Source: P.A. 89‑387, eff. 8‑20‑95; 90‑61, eff. 12‑30‑97.)

    (225 ILCS 70/9)(from Ch. 111, par. 3659)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 9. Temporary license without examination. The Department may in its discretion issue without examination a temporary license as a nursing home administrator to any applicant who furnishes the Department with satisfactory proof under oath, on forms prescribed by the Department, that he or she:
        (a) is at least 21 years of age,
        (b) has not engaged in conduct or behavior
     determined to be grounds for discipline under this Act,
        (c) is in sound physical and mental health,
        (d) (blank),
        (e) is a graduate of a college or university deemed
     reputable and in good standing by the Department, or who has satisfactorily completed a course of instruction approved by the Department containing subjects embracing the laws governing the operation of nursing homes, the protection of the health and safety of patients in nursing homes and the elements of sound nursing home administration, or who presents evidence to the Department of education, training, and experience deemed by the Department to be equivalent to either of the above,
        (f) has been accepted or appointed as a nursing home
     administrator in a facility licensed to provide nursing care by the Department of Public Health, and
        (g) pays the required fee.
    The applicant shall indicate the beginning date of the period for which he or she has been accepted or appointed and shall specify the particular facility in which he or she will serve as administrator.
    After receiving a temporary license under this Section, the holder of a temporary license shall take the examination for a license under this Act that is scheduled to be given before his or her temporary license expires. The temporary license of an individual who passes the examination shall be valid until he or she applies for and receives a license under Section 7 of this Act.
    Temporary licenses issued pursuant to this Section shall be valid only for a period of one year from date of issuance. A temporary license issued under this Section may be extended only for one additional one‑year period if the applicant took the examination during the period of his or her temporary license. The applicant shall retake the examination prior to the expiration of the extended temporary license. The holder of a temporary license shall be entitled to serve as a nursing home administrator in the particular facility indicated on his or her application, but he or she shall not be entitled to engage in the practice of nursing home administration in any other facility without first applying to the Department and having been granted an amended temporary license designating a different facility.
    Upon the termination of his or her service or the lapse or revocation of his or her license, whichever is sooner, the holder of a temporary license shall surrender it to the Department.
    A temporary license may be revoked by the Department upon proof that the holder has engaged in the practice of nursing home administration in this State in a facility not named on his or her application.
    An applicant for a temporary license as a nursing home administrator may act as a nursing home administrator for a period of up to 60 days prior to the issuance of a license if the applicant has submitted the required fee and an application for licensure to the Department. This 60‑day period may be extended until the next Board meeting if action by the Board is required. The applicant shall keep a copy of the submitted application on the premises where the applicant is engaged in the practice as a nursing home administrator.
    The authority to practice shall terminate immediately upon the denial of licensure by the Department or the withdrawal of the application.
(Source: P.A. 89‑197, eff. 7‑21‑95; 90‑61, eff. 12‑30‑97.)

    (225 ILCS 70/10)(from Ch. 111, par. 3660)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 10. License requirement. It shall be unlawful for any person to operate or manage a nursing home in the State of Illinois unless he or she is licensed as a nursing home administrator in accordance with this Act.
    The practice of nursing home administration, or the use of the title "Licensed Nursing Home Administrator", the initials "N.H.A." or any other word or abbreviation indicating that he or she is a nursing home administrator, by any person who has not been issued a license or whose license has been suspended or revoked is hereby declared to be inimical to public health and welfare and to constitute a public nuisance.
    Nothing in this Act or in the rules adopted hereunder shall require an administrator of any facility or institution operated solely by and for persons who rely exclusively upon treatment by spiritual means through prayer alone, in accordance with the creed or tenets of any well‑recognized church or religious denomination, to be licensed as a nursing home administrator.
(Source: P.A. 90‑61, eff. 12‑30‑97.)

    (225 ILCS 70/10.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 10.5. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a nursing home administrator 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. 95‑703, eff. 12‑31‑07.)

    (225 ILCS 70/11)(from Ch. 111, par. 3661)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 11. Expiration; renewal; continuing education. The expiration date and renewal period for each license issued under this Act shall be set by rule.
    Each licensee shall provide proof of having obtained 36 hours of continuing education in the 2 year period preceding the renewal date of the license as a condition of license renewal. The continuing education req