HB4666 EnrolledLRB102 24163 AMQ 33389 b



1 AN ACT concerning regulation. 


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Freedom of Information Act is amended by 
5changing Section 7.5 as follows:



6 (5 ILCS 140/7.5)



7 Sec. 7.5. Statutory exemptions. To the extent provided for 
8by the statutes referenced below, the following shall be 
9exempt from inspection and copying:
10  (a) All information determined to be confidential 
11 under Section 4002 of the Technology Advancement and 
12 Development Act.
13  (b) Library circulation and order records identifying 
14 library users with specific materials under the Library 
15 Records Confidentiality Act.
16  (c) Applications, related documents, and medical 
17 records received by the Experimental Organ Transplantation 
18 Procedures Board and any and all documents or other 
19 records prepared by the Experimental Organ Transplantation 
20 Procedures Board or its staff relating to applications it 
21 has received.
22  (d) Information and records held by the Department of 
23 Public Health and its authorized representatives relating 
 
 
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1 to known or suspected cases of sexually transmissible 
2 disease or any information the disclosure of which is 
3 restricted under the Illinois Sexually Transmissible 
4 Disease Control Act.
5  (e) Information the disclosure of which is exempted 
6 under Section 30 of the Radon Industry Licensing Act.
7  (f) Firm performance evaluations under Section 55 of 
8 the Architectural, Engineering, and Land Surveying 
9 Qualifications Based Selection Act.
10  (g) Information the disclosure of which is restricted 
11 and exempted under Section 50 of the Illinois Prepaid 
12 Tuition Act.
13  (h) Information the disclosure of which is exempted 
14 under the State Officials and Employees Ethics Act, and 
15 records of any lawfully created State or local inspector 
16 general's office that would be exempt if created or 
17 obtained by an Executive Inspector General's office under 
18 that Act.
19  (i) Information contained in a local emergency energy 
20 plan submitted to a municipality in accordance with a 
21 local emergency energy plan ordinance that is adopted 
22 under Section 11-21.5-5 of the Illinois Municipal Code.
23  (j) Information and data concerning the distribution 
24 of surcharge moneys collected and remitted by carriers 
25 under the Emergency Telephone System Act.
26  (k) Law enforcement officer identification information 
 
 
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1 or driver identification information compiled by a law 
2 enforcement agency or the Department of Transportation 
3 under Section 11-212 of the Illinois Vehicle Code.
4  (l) Records and information provided to a residential 
5 health care facility resident sexual assault and death 
6 review team or the Executive Council under the Abuse 
7 Prevention Review Team Act.
8  (m) Information provided to the predatory lending 
9 database created pursuant to Article 3 of the Residential 
10 Real Property Disclosure Act, except to the extent 
11 authorized under that Article.
12  (n) Defense budgets and petitions for certification of 
13 compensation and expenses for court appointed trial 
14 counsel as provided under Sections 10 and 15 of the 
15 Capital Crimes Litigation Act. This subsection (n) shall 
16 apply until the conclusion of the trial of the case, even 
17 if the prosecution chooses not to pursue the death penalty 
18 prior to trial or sentencing.
19  (o) Information that is prohibited from being 
20 disclosed under Section 4 of the Illinois Health and 
21 Hazardous Substances Registry Act.
22  (p) Security portions of system safety program plans, 
23 investigation reports, surveys, schedules, lists, data, or 
24 information compiled, collected, or prepared by or for the 
25 Department of Transportation under Sections 2705-300 and 
26 2705-616 of the Department of Transportation Law of the 
 
 
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1 Civil Administrative Code of Illinois, the Regional 
2 Transportation Authority under Section 2.11 of the 
3 Regional Transportation Authority Act, or the St. Clair 
4 County Transit District under the Bi-State Transit Safety 
5 Act. 
6  (q) Information prohibited from being disclosed by the 
7 Personnel Record Review Act. 
8  (r) Information prohibited from being disclosed by the 
9 Illinois School Student Records Act. 
10  (s) Information the disclosure of which is restricted 
11 under Section 5-108 of the Public Utilities Act. 

12  (t) All identified or deidentified health information 
13 in the form of health data or medical records contained 
14 in, stored in, submitted to, transferred by, or released 
15 from the Illinois Health Information Exchange, and 
16 identified or deidentified health information in the form 
17 of health data and medical records of the Illinois Health 
18 Information Exchange in the possession of the Illinois 
19 Health Information Exchange Office due to its 
20 administration of the Illinois Health Information 
21 Exchange. The terms "identified" and "deidentified" shall 
22 be given the same meaning as in the Health Insurance 
23 Portability and Accountability Act of 1996, Public Law 
24 104-191, or any subsequent amendments thereto, and any 
25 regulations promulgated thereunder. 
26  (u) Records and information provided to an independent 
 
 
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1 team of experts under the Developmental Disability and 
2 Mental Health Safety Act (also known as Brian's Law). 
3  (v) Names and information of people who have applied 
4 for or received Firearm Owner's Identification Cards under 
5 the Firearm Owners Identification Card Act or applied for 
6 or received a concealed carry license under the Firearm 
7 Concealed Carry Act, unless otherwise authorized by the 
8 Firearm Concealed Carry Act; and databases under the 
9 Firearm Concealed Carry Act, records of the Concealed 
10 Carry Licensing Review Board under the Firearm Concealed 
11 Carry Act, and law enforcement agency objections under the 
12 Firearm Concealed Carry Act. 
13  (v-5) Records of the Firearm Owner's Identification 
14 Card Review Board that are exempted from disclosure under 
15 Section 10 of the Firearm Owners Identification Card Act.
16  (w) Personally identifiable information which is 
17 exempted from disclosure under subsection (g) of Section 
18 19.1 of the Toll Highway Act.
19  (x) Information which is exempted from disclosure 
20 under Section 5-1014.3 of the Counties Code or Section 
21 8-11-21 of the Illinois Municipal Code. 
22  (y) Confidential information under the Adult 
23 Protective Services Act and its predecessor enabling 
24 statute, the Elder Abuse and Neglect Act, including 
25 information about the identity and administrative finding 
26 against any caregiver of a verified and substantiated 
 
 
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1 decision of abuse, neglect, or financial exploitation of 
2 an eligible adult maintained in the Registry established 
3 under Section 7.5 of the Adult Protective Services Act. 
4  (z) Records and information provided to a fatality 
5 review team or the Illinois Fatality Review Team Advisory 
6 Council under Section 15 of the Adult Protective Services 
7 Act. 
8  (aa) Information which is exempted from disclosure 
9 under Section 2.37 of the Wildlife Code. 
10  (bb) Information which is or was prohibited from 
11 disclosure by the Juvenile Court Act of 1987. 
12  (cc) Recordings made under the Law Enforcement 
13 Officer-Worn Body Camera Act, except to the extent 
14 authorized under that Act.
15  (dd) Information that is prohibited from being 
16 disclosed under Section 45 of the Condominium and Common 
17 Interest Community Ombudsperson Act. 
18  (ee) Information that is exempted from disclosure 
19 under Section 30.1 of the Pharmacy Practice Act. 
20  (ff) Information that is exempted from disclosure 
21 under the Revised Uniform Unclaimed Property Act. 
22  (gg) Information that is prohibited from being 
23 disclosed under Section 7-603.5 of the Illinois Vehicle 
24 Code. 
25  (hh) Records that are exempt from disclosure under 
26 Section 1A-16.7 of the Election Code. 
 
 
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1  (ii) Information which is exempted from disclosure 
2 under Section 2505-800 of the Department of Revenue Law of 
3 the Civil Administrative Code of Illinois. 
4  (jj) Information and reports that are required to be 
5 submitted to the Department of Labor by registering day 
6 and temporary labor service agencies but are exempt from 
7 disclosure under subsection (a-1) of Section 45 of the Day 
8 and Temporary Labor Services Act. 
9  (kk) Information prohibited from disclosure under the 
10 Seizure and Forfeiture Reporting Act. 
11  (ll) Information the disclosure of which is restricted 
12 and exempted under Section 5-30.8 of the Illinois Public 
13 Aid Code. 
14  (mm) Records that are exempt from disclosure under 
15 Section 4.2 of the Crime Victims Compensation Act. 
16  (nn) Information that is exempt from disclosure under 
17 Section 70 of the Higher Education Student Assistance Act. 
18  (oo) Communications, notes, records, and reports 
19 arising out of a peer support counseling session 
20 prohibited from disclosure under the First Responders 
21 Suicide Prevention Act. 
22  (pp) Names and all identifying information relating to 
23 an employee of an emergency services provider or law 
24 enforcement agency under the First Responders Suicide 
25 Prevention Act. 
26  (qq) Information and records held by the Department of 
 
 
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1 Public Health and its authorized representatives collected 
2 under the Reproductive Health Act. 
3  (rr) Information that is exempt from disclosure under 
4 the Cannabis Regulation and Tax Act. 
5  (ss) Data reported by an employer to the Department of 
6 Human Rights pursuant to Section 2-108 of the Illinois 
7 Human Rights Act.
8  (tt) Recordings made under the Children's Advocacy 
9 Center Act, except to the extent authorized under that 
10 Act. 
11  (uu) Information that is exempt from disclosure under 
12 Section 50 of the Sexual Assault Evidence Submission Act. 
13  (vv) Information that is exempt from disclosure under 
14 subsections (f) and (j) of Section 5-36 of the Illinois 
15 Public Aid Code. 
16  (ww) Information that is exempt from disclosure under 
17 Section 16.8 of the State Treasurer Act. 
18  (xx) Information that is exempt from disclosure or 
19 information that shall not be made public under the 
20 Illinois Insurance Code. 
21  (yy) Information prohibited from being disclosed under 
22 the Illinois Educational Labor Relations Act.
23  (zz) Information prohibited from being disclosed under 
24 the Illinois Public Labor Relations Act. 
25  (aaa) Information prohibited from being disclosed 
26 under Section 1-167 of the Illinois Pension Code. 
 
 
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1  (bbb) (ccc) Information that is prohibited from 
2 disclosure by the Illinois Police Training Act and the 
3 Illinois State Police Act. 
4  (ccc) (ddd) Records exempt from disclosure under 
5 Section
2605-304 of the Illinois Department of State 
6 Police Law of the Civil
Administrative Code of Illinois. 
7  (ddd) (bbb) Information prohibited from being 
8 disclosed under Section 35 of the Address Confidentiality 
9 for Victims of Domestic Violence, Sexual Assault, Human 
10 Trafficking, or Stalking Act. 
11  (eee) (ddd) Information prohibited from being 
12 disclosed under subsection (b) of Section 75 of the 
13 Domestic Violence Fatality Review Act. 
14  (fff) Information prohibited from disclosure under 
15 paragraph (3) of subsection (a) of Section 14 of the Nurse 
16 Agency Licensing Act. 
17(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
18101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
191-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
20eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
21101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
221-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
23eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
24102-559, eff. 8-20-21; revised 10-5-21.)

25 Section 10. The Nurse Agency Licensing Act is amended by 
 
 
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1changing Sections 3, 5, 7, 13, 14, and 14.1 and by adding 
2Section 14.3 as follows:



3 (225 ILCS 510/3) (from Ch. 111, par. 953)


4 Sec. 3. Definitions. As used in this Act:

5 (a) "Certified nurse aide" means an individual certified 
6as defined in
Section 3-206 of the Nursing Home Care Act, 
7Section 3-206 of the ID/DD Community Care Act, or Section 
83-206 of the MC/DD Act, as now or hereafter amended.

9 "Covenant not to compete" means an agreement between a 
10nurse agency and an employee that restricts the employee from 
11performing:
12  (1) any work for another employer for a specified 
13 period of time;
14  (2) any work in a specified geographic area; or
15  (3) any work for another employer that is similar to 
16 the work the employee performs for the employer that is a 
17 party to the agreement. 
18 (b) "Department" means the Department of Labor.

19 (c) "Director" means the Director of Labor.

20 "Employee" means a nurse or a certified nurse aide. 
21 (d) "Health care facility" is defined as in Section 3 of 
22the Illinois
Health Facilities Planning Act, as now or 
23hereafter amended. "Health care facility" also includes any 
24facility licensed, certified, or approved by any State agency 
25and subject to regulation under the Assisted Living and Shared 
 
 
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1Housing Act or the Illinois Public Aid Code. 

2 (e) "Licensee" means any nursing agency which is properly 
3licensed under
this Act.

4 (f) "Nurse" means a registered nurse, or a licensed 
5practical nurse, an advanced practice registered nurse, or any 
6individual licensed under as
defined in the Nurse Practice 
7Act.

8 (g) "Nurse agency" means any individual, firm, 
9corporation,
partnership or other legal entity that employs, 
10assigns or refers nurses
or certified nurse aides to a health 
11care facility for a
fee. The term "nurse agency" includes 
12nurses registries. The term "nurse
agency" does not include 
13services provided by home
health agencies licensed and 
14operated under the Home Health, Home Services, and Home 
15Nursing Agency
Licensing Act or a licensed or certified

16individual who provides his or her own services as a regular 
17employee of a
health care facility, nor does it apply to a 
18health care facility's
organizing nonsalaried employees to 
19provide services only in that
facility.

20(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)





21 (225 ILCS 510/5) (from Ch. 111, par. 955)



22 Sec. 5. Application for license. An application to operate 
23a nurse
agency shall be made to the Department on forms 
24provided by the Department.
A separate application shall be 
25submitted for each additional location
from which a nurse 
 
 
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1agency is operated. All applications must be under
oath and 
2must be accompanied by an equitable application fee which will 
3be
set by the Department by rule. A separate license must be 
4obtained for each
location from which a nurse agency is 
5operated unless the nurse agency is
owned and managed by the 
6same person or persons. Submission of false or
misleading 
7information is a petty offense punishable by a fine of $500.

8The application shall contain the following information:

9 (1) name and address of the person, partnership, 
10corporation or other
entity that is the applicant;

11 (2) if the applicant is a corporation or limited liability 
12company, a copy of its articles of
incorporation or 
13organization, a copy of its current bylaws, and the names and 
14addresses of
its officers and directors and shareholders 
15owning more than 5% of the
corporation's stock or membership 
16units;

17 (3) the name and location of premises from which the 
18applicant will
provide services;

19 (4) the names and addresses of the person or persons under 
20whose
management or supervision the nurse agency will be 
21operated;

22 (5) a statement of financial solvency;

23 (6) a statement detailing the experience and 
24qualifications of the
applicant to operate a nurse agency, 
25however, the failure of a nurse agency
to demonstrate previous 
26experience to operate an agency does not in and of
itself 
 
 
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1constitute grounds for the denial of a license;

2 (7) evidence of compliance or intent to comply with State 
3or federal law
relating to employee compensation, including 
4but not limited to, social
security taxes, State and federal 
5income taxes, workers' compensation,
unemployment taxes, and 
6State and federal overtime compensation laws;

7 (8) evidence of general and professional liability 
8insurance in the amounts of at
least $1,000,000 $500,000 per 
9incident and $3,000,000 $1,000,000 in aggregate and workers' 
10compensation coverage for all nurses or certified nursing 
11aides employed, assigned, or referred by the nurse agency to a 
12health care facility; and

13 (8.5) copies of all currently effective contracts with 
14health care facilities; and 
15 (9) any other relevant information which the Department 
16determines is
necessary to properly evaluate the applicant and 
17application as required by
the Department by rule.

18(Source: P.A. 86-817; 86-1043; 86-1472; 87-435.)





19 (225 ILCS 510/7) (from Ch. 111, par. 957)



20 Sec. 7. Renewal of license. At least 90 days prior to 
21license
expiration, the licensee shall submit an attestation 
22detailing the number of contracted shifts, number of shifts 
23missed, number of shifts fulfilled for the 3 quarters 
24preceding the application date, and an application which meets 
25the
requirements of Section 5 of this Act for renewal of the 
 
 
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1license. If the
application is approved pursuant to Section 6, 
2the license shall be renewed
for an additional one-year 
3period.

4(Source: P.A. 86-817; 86-1043.)




5 (225 ILCS 510/13) (from Ch. 111, par. 963)



6 Sec. 13. Application for employment. 

7 (a) Every nurse agency shall cause
each applicant for 
8employment, assignment, or referral, as a nurse to
complete an 
9application form including the following information:

10  (1) name and address of the applicant;

11  (2) whether or not such applicant is a nurse currently 
12 licensed by the
Department of Professional Regulation;

13  (3) if so licensed, the number and date of such 
14 license; and

15  (4) references and dates and places of previous 
16 employment.

17 Prior to employing, assigning, or referring a nurse, the 
18agency shall
contact the Department of Financial and 
19Professional Regulation to determine whether the
nurse's 
20license is valid and in good standing. Written verification 
21shall
be sent by the Department of Financial and Professional 
22Regulation within 20 working
days. At least biennially 
23thereafter, the nurse agency shall contact the
Department of 
24Financial and Professional Regulation to verify this 
25information in
writing. The nurse agency shall review the 
 
 
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1disciplinary report published
by the Department of Financial 
2and Professional Regulation on a monthly basis to
determine 
3whether the nurse's license is valid and in good standing.

4 (b) Every nurse agency shall cause each applicant for 
5employment,
assignment, or referral, as a certified nurse aide 
6to complete an
application form including the following 
7information:

8  (1) name and address of the applicant;

9  (2) whether or not the nurse aide is registered as 
10 having completed a
certified course as approved by the 
11 Department of Public Health; and 

12  (3) references and dates and places of previous 
13 employment.

14 Prior to employing, assigning, or referring a certified 
15nurse aide, the agency shall review the information provided 
16on the Health Care Worker Registry to verify that the 
17certification is valid. Prior to employing, assigning, or 
18referring a certified nurse aide to a position at a health care 
19employer or long-term facility as defined in the Health Care 
20Worker Background Check Act, the nurse agency shall review the 
21information provided on the Health Care Worker Registry to 
22verify and that the certified nurse aide is not ineligible for 
23the position to be hired by health care employers or long-term 
24care facilities pursuant to Section 25 of the Health Care 
25Worker Background Check Act.

26 (c) Every nurse agency shall check at least 2 recent 
 
 
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1references and the
dates of employment provided by the 
2applicant, unless the applicant has not
had 2 previous 
3employers.

4 (d) Knowingly employing, assigning, or referring to a 
5health care facility a nurse or certified nurse aide with an 
6illegally or fraudulently obtained or issued diploma, 
7registration, license, certificate, or background study 
8constitutes negligent hiring by a nurse agency and is a 
9violation of this Act. 
10 (e) (d) Nurses or certified nurses aides employed, 
11assigned, or referred to
a health care facility by a nurse 
12agency shall be deemed to be employees of
the nurse agency 
13while working for the nurse agency or on nurse agency

14employment, assignment or referral.

15(Source: P.A. 99-652, eff. 1-1-17.)





16 (225 ILCS 510/14) (from Ch. 111, par. 964)



17 Sec. 14. Minimum Standards. 
18 (a) The Department, by rule, shall
establish minimum 
19standards for the operation of nurse agencies. Those
standards 
20shall include, but are not limited to: 
21  (1) the maintenance of written
policies and 
22 procedures;
23  (2) the maintenance and submission to the Department 
24 of copies of all contracts between the nurse agency and 
25 health care facility to which it assigns or refers nurses 
 
 
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1 or certified nurse aides and copies of all invoices to 
2 health care facilities personnel. Executed contracts must 
3 be sent to the Department within 5 business days of their 
4 effective date and procedures; and 
5  (3) (2) the development of personnel policies for 
6 nurses or certified nurse aides employed, assigned, or 
7 referred to health care facilities, including which

8 include a personal interview, a reference check, an annual

9 evaluation of each employee (which may be based in part 
10 upon information provided by
health care facilities 
11 utilizing nurse agency personnel) and periodic
health 
12 examinations. Executed contracts must be sent to the 
13 Department within 5 business days of their effective date 
14 and are not subject to disclosure under the Freedom of 
15 Information Act. No less than 100% of the nurse or 
16 certified nurse aide hourly rate shall be paid to the 
17 nurse or certified nurse aide employee. 

18 (b) Each nurse agency shall have a nurse serving as a 
19manager or
supervisor of all nurses and certified nurses 
20aides.

21 (c) Each nurse agency shall
ensure that its employees meet 
22the minimum
licensing, training, continuing education, and 
23orientation standards for
which those employees
are licensed 
24or certified. 

25 (d) A nurse agency shall not employ, assign, or refer for 
26use in an Illinois
health care facility a nurse or certified 
 
 
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1nurse aide unless certified or
licensed under applicable 
2provisions of State and federal law or regulations.
Each 
3certified nurse aide shall comply with all pertinent

4regulations of the Illinois Department of Public Health 
5relating to the
health and other qualifications of personnel 
6employed in health care facilities.

7 (e) The Department may adopt rules to monitor the usage of 
8nurse agency services to
determine their impact. 

9 (f) Nurse agencies are prohibited from recruiting 
10potential employees on the premises of a health care facility 
11or requiring, as a condition of
employment, assignment, or 
12referral, that their employees
recruit new employees for the 
13nurse agency from
among the permanent employees of the health 
14care facility to which the
nurse agency employees have been 
15employed,
assigned, or referred,
and the health care facility 
16to which such employees are employed, assigned,
or referred is 
17prohibited from requiring, as a condition of employment,
that 
18their employees recruit new employees from these nurse agency

19employees. Violation of this provision is a business offense.

20 (g) Nurse agencies are prohibited from entering into 
21covenants not to compete with nurses and certified nurse 
22aides. A covenant not to compete entered into on or after the 
23effective date of this amendatory Act of the 102nd General 
24Assembly between a nurse agency and a nurse or certified nurse 
25aide is illegal and void. The nursing agency shall not, in any 
26contract with any employee or health care facility, require 
 
 
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1the payment of liquidated damages, conversion fees, employment 
2fees, buy-out fees, placement fees, or other compensation if 
3the employee is hired as a permanent employee of a health care 
4facility.
5 (h) A nurse agency shall submit a report quarterly to the 
6Department for each health care entity with whom the agency 
7contracts that includes all of the following by provider type 
8and county in which the work was performed:
9  (1) A list of the average amount charged to the health 
10 care facility for each individual employee category.
11  (2) A list of the average amount paid by the agency to 
12 employees in each individual employee category.
13  (3) A list of the average amount of labor-related 
14 costs paid by the agency for each employee category, 
15 including payroll taxes, workers' compensation insurance, 
16 professional liability coverage, credentialing and 
17 testing, and other employee related costs. 
18 The Department shall publish by county in which the work 
19was performed the average amount charged to the health care 
20facilities by nurse agencies for each individual worker 
21category and the average amount paid by the agency to each 
22individual worker category. 
23 (i) The Department shall publish on its website the 
24reports yearly by county.
25 (j) The Department of Labor shall compel production of the 
26maintained records, as required under this Section, by the 
 
 
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1nurse agencies. 
2(Source: P.A. 86-817.)





3 (225 ILCS 510/14.1)



4 Sec. 14.1. Investigations; orders; civil penalties. 

5 (a) The Department may at any time, and shall upon 
6receiving a complaint
from any interested person, investigate 
7any person licensed or applying for a
license under this Act 
8suspected of violating any provision of any Section except 
9Section 14.3. The Department shall investigate any person who

10operates or advertises a nurse agency without being licensed 
11under this Act. The Department shall establish a system of 
12reporting complaints against a health care staffing agency. 
13The Department shall publish on its website how an interested 
14party may submit a complaint of a violation of this Act to the 
15Department. Complaints may be made by an interested party. 
16Complaints against a nurse agency shall be investigated by the 
17Department of Labor. The investigations shall take into 
18consideration the responsibility of health care facilities 
19under Section 12 for supervising nurse agency employees 
20assigned or referred to the facilities. For purposes of this 
21Section, "interested party" means a health care facility, 
22nurse staffing agency, or an employee of a health care 
23facility or nurse staffing agency. 

24 The Director or his or her authorized representative may 
25examine the premises
of any nurse agency, may compel by 
 
 
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1subpoena,
for examination or inspection, the attendance and 
2testimony of witnesses and
the production of books, payrolls, 
3records, papers and other evidence in any
investigation or 
4hearing, and may administer oaths or affirmations to

5witnesses.

6 (b) After appropriate notice and hearing, and if supported 
7by the evidence,
the Department may issue and cause to be 
8served on any person an order to cease
and desist from 
9violation of this Act and to take any further action that is

10reasonable to eliminate the effect of the violation of any 
11Section except Section 14.3.

12 Whenever it appears that any person has violated a valid 
13order of the
Department issued under this Act, the Director 
14may commence an action and
obtain from the court an order 
15directing the person to obey the order of the
Department or be 
16subject to punishment for contempt of court.

17 The Department may petition the court for an order 
18enjoining any
violation of any Section of this Act except 
19Section 14.3.

20 (c) Any licensee or applicant who violates any provision 
21of this Act or the
rules adopted under this Act shall be 
22subject to a civil penalty of $10,000 per occurrence payable 
23to the Department for the purpose of enforcing this Act $1,000 
24per
day for each violation. Civil penalties may be assessed by 
25the Department in
an administrative action and may, if 
26necessary, be recovered in a civil action
brought by the 
 
 
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1Director through the Attorney General of the State of Illinois

2or the State's attorney of any county in which the violation 
3occurred. The
court may order that the civil penalties 
4assessed for violation
of this Act, together with any costs or 
5attorney's fees arising out of the
action to collect the 
6penalties, be paid to the Department. The fact that the

7violation has ceased does not excuse any person from liability 
8for civil
penalties arising from the violation.

9 (d) Any nurse staffing agency that has been found not to 
10have paid an employee 100% of the hourly wage rate identified 
11in the contract between such nurse staffing agency and health 
12care facility shall be liable to the employee for the actual 
13amount of the underpayment, plus damages of 5% of the amount of 
14the underpayment. 
15(Source: P.A. 88-230.)


16 (225 ILCS 510/14.3 new)
17 Sec. 14.3. Contracts between nurse agencies and health 
18care facilities.
19 (a) A contract entered into on or after the effective date 
20of this amendatory Act of the 102nd General Assembly between 
21the nurse agency and health care facility must contain the 
22following provisions:
23  (1) A full disclosure of charges and compensation.
The 
24 disclosure shall include a schedule of all hourly bill 
25 rates per category of employee, a full description of 
 
 
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1 administrative charges, and a schedule of rates of all 
2 compensation per category of employee, including, but not 
3 limited to, hourly regular pay rate, shift differential, 
4 weekend differential, hazard pay, charge nurse add-on, 
5 overtime, holiday pay, and travel or mileage pay.
6  (2) A commitment that nurses or certified nurse aides 
7 employed, assigned, or referred to a health care facility 
8 by the nurse agency perform any and all duties called for 
9 within the full scope of practice for which the nurse or 
10 certified nurse aide is licensed or certified.
11  (3) No less than 100% of the nurse or certified nurse 
12 aide hourly rate shall be paid to the nurse or certified 
13 nurse aide employee.
14 (b) A party's failure to comply with the requirements of 
15subsection (a) shall be a defense to the enforcement of a 
16contract between a nurse agency and a health care facility. 
17Any health care facility or nurse agency aggrieved by a 
18violation of subsection (a) shall have a right of action in a 
19State court against the offending party. A prevailing party 
20may recover for each violation:
21  (1) liquidated damages of $1,500 or actual damages, 
22 whichever is greater;
23  (2) reasonable attorney's fees and costs, including 
24 expert witness fees and other litigation expenses; and
25  (3) other relief, including an injunction, as the 
26 court may deem appropriate.


 
 
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1 Section 99. Effective date. This Act takes effect July 1, 
22022.