MANDATORY REPORTING FOR HEALTH CARE WORKERS

MANDATORY REPORTING FOR HEALTH CARE WORKERS

Unethical practice of nurses, doctors, and social workers must be reported to the IL Department of Professional Regulation.

Mandatory Elder and Child Abuse Reporting :

"Pursuant to Public Act 91-0244, effective January 1, 2000, if you are a licensed health care worker such as registered nurse or social worker, and you have reason to believe that an adult 60 years of age or older who resides in a domestic living situation who, because of dysfunction is unable to seek assistance for himself or herself has, within the previous 12 months been subject to abuse, neglect or financial exploitation, the mandated reporter shall, within 24 hours after developing such belief, report this suspicion to the Department on Aging. DEPARTMENT ON AGING AT 1-800-252-8966."

The IL NURSE PRACTICE ACT

(225 ILCS 65/70-5) (was 225 ILCS 65/10-45)


Sec. 70-5. Grounds for disciplinary action:

(a) The Department may refuse to issue or to renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action as the Department may deem appropriate, including fines not to exceed $10,000 per violation, with regard to a license for any one or combination of the causes set forth in subsection (b) below. All fines collected under this Section shall be deposited in the Nursing Dedicated and Professional Fund.

(b) Grounds for disciplinary action include the following:

(7) Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public, as defined by rule.

(14) Gross negligence in the practice of practical, professional, or advanced practice nursing.

(22) Willfully making or filing false records or reports in the licensee's practice, including but not limited to false records to support claims against the medical assistance program of the Department of Healthcare and Family Services (formerly Department of Public Aid) under the Illinois Public Aid Code.

(27) The use of any false, fraudulent, or deceptive statement in any document connected with the licensee's practice.

(28) Directly or indirectly giving to or receiving from a person, firm, corporation, partnership, or association a fee, commission, rebate, or other form of compensation for professional services not actually or personally rendered.

(29) A violation of the Health Care Worker Self-Referral Act (see more info at bottom of this page)

(32) Making a false or misleading statement regarding a licensee's skill or the efficacy or value of the medicine, treatment, or remedy prescribed by him or her in the course of treatment.

(34) Promotion of the sale of drugs, devices, appliances, or goods provided for a patient in a manner to exploit the patient for financial gain.

NURSES ARE PROTECTED BY THE LAW WHEN THEY REPORT SUSPECTED WRONGDOING BY OTHER NURSES:

(c) Any person making a report under this Section or in good faith assisting another person in making such a report shall have immunity from any liability, either criminal or civil, that might result by reason of such action. For the purpose of any legal proceeding, criminal or civil, there shall be a rebuttable presumption that any person making a report under this Section or assisting another person in making such report was acting in good faith. All such reports and any information disclosed to or collected by the Department pursuant to this Section shall remain confidential records of the Department and shall not be disclosed nor be subject to any law or regulation of this State relating to freedom of information or public disclosure of records.

(Source: P.A. 95-639, eff. 10-5-07.)

MORE INFORMATION REGARDING STATE LICENSURE LAWS MAY BE READ AT

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1312&ChapterID=24



(225 ILCS 47/) Health Care Worker Self-Referral Act.

(225 ILCS 47/1)

Sec. 1. Short title. This Act may be cited as the Health Care Worker Self-Referral Act.

(Source: P.A. 87-1207.)

(225 ILCS 47/5)

Sec. 5. Legislative intent. The General Assembly recognizes that patient referrals by health care workers for health services to an entity in which the referring health care worker has an investment interest may present a potential conflict of interest. The General Assembly finds that these referral practices may limit or completely eliminate competitive alternatives in the health care market. In some instances, these referral practices may expand and improve care or may make services available which were previously unavailable. They may also provide lower cost options to patients or increase competition. Generally, referral practices are positive occurrences. However, self-referrals may result in over utilization of health services, increased overall costs of the health care systems, and may affect the quality of health care.



MORE INFORMATION ON THIS ACT MAY BE FOUND AT :

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1304&ChapterID=24ActID=1304&ChapterID=24ActID=1304&ChapterID=24


AMERICAN NURSES' ASSOCIATION STANDARDS OF CARE:

http://www.blogger.com/goog_1147359872






AMERICAN NURSES' ASSOCIATION CODE OF ETHICS:


http://www.blogger.com/goog_1147359872