Sen. Omar Aquino
Filed: 4/6/2022
 
 


 




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1
AMENDMENT TO HOUSE BILL 4666




2 AMENDMENT NO. ______. Amend House Bill 4666 by replacing 
3everything after the enacting clause with the following:


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

19  (t) All identified or deidentified health information 
20 in the form of health data or medical records contained 
21 in, stored in, submitted to, transferred by, or released 
22 from the Illinois Health Information Exchange, and 
23 identified or deidentified health information in the form 
24 of health data and medical records of the Illinois Health 
25 Information Exchange in the possession of the Illinois 
26 Health Information Exchange Office due to its 
 
 
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1 administration of the Illinois Health Information 
2 Exchange. The terms "identified" and "deidentified" shall 
3 be given the same meaning as in the Health Insurance 
4 Portability and Accountability Act of 1996, Public Law 
5 104-191, or any subsequent amendments thereto, and any 
6 regulations promulgated thereunder. 
7  (u) Records and information provided to an independent 
8 team of experts under the Developmental Disability and 
9 Mental Health Safety Act (also known as Brian's Law). 
10  (v) Names and information of people who have applied 
11 for or received Firearm Owner's Identification Cards under 
12 the Firearm Owners Identification Card Act or applied for 
13 or received a concealed carry license under the Firearm 
14 Concealed Carry Act, unless otherwise authorized by the 
15 Firearm Concealed Carry Act; and databases under the 
16 Firearm Concealed Carry Act, records of the Concealed 
17 Carry Licensing Review Board under the Firearm Concealed 
18 Carry Act, and law enforcement agency objections under the 
19 Firearm Concealed Carry Act. 
20  (v-5) Records of the Firearm Owner's Identification 
21 Card Review Board that are exempted from disclosure under 
22 Section 10 of the Firearm Owners Identification Card Act.
23  (w) Personally identifiable information which is 
24 exempted from disclosure under subsection (g) of Section 
25 19.1 of the Toll Highway Act.
26  (x) Information which is exempted from disclosure 
 
 
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1 under Section 5-1014.3 of the Counties Code or Section 
2 8-11-21 of the Illinois Municipal Code. 
3  (y) Confidential information under the Adult 
4 Protective Services Act and its predecessor enabling 
5 statute, the Elder Abuse and Neglect Act, including 
6 information about the identity and administrative finding 
7 against any caregiver of a verified and substantiated 
8 decision of abuse, neglect, or financial exploitation of 
9 an eligible adult maintained in the Registry established 
10 under Section 7.5 of the Adult Protective Services Act. 
11  (z) Records and information provided to a fatality 
12 review team or the Illinois Fatality Review Team Advisory 
13 Council under Section 15 of the Adult Protective Services 
14 Act. 
15  (aa) Information which is exempted from disclosure 
16 under Section 2.37 of the Wildlife Code. 
17  (bb) Information which is or was prohibited from 
18 disclosure by the Juvenile Court Act of 1987. 
19  (cc) Recordings made under the Law Enforcement 
20 Officer-Worn Body Camera Act, except to the extent 
21 authorized under that Act.
22  (dd) Information that is prohibited from being 
23 disclosed under Section 45 of the Condominium and Common 
24 Interest Community Ombudsperson Act. 
25  (ee) Information that is exempted from disclosure 
26 under Section 30.1 of the Pharmacy Practice Act. 
 
 
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1  (ff) Information that is exempted from disclosure 
2 under the Revised Uniform Unclaimed Property Act. 
3  (gg) Information that is prohibited from being 
4 disclosed under Section 7-603.5 of the Illinois Vehicle 
5 Code. 
6  (hh) Records that are exempt from disclosure under 
7 Section 1A-16.7 of the Election Code. 
8  (ii) Information which is exempted from disclosure 
9 under Section 2505-800 of the Department of Revenue Law of 
10 the Civil Administrative Code of Illinois. 
11  (jj) Information and reports that are required to be 
12 submitted to the Department of Labor by registering day 
13 and temporary labor service agencies but are exempt from 
14 disclosure under subsection (a-1) of Section 45 of the Day 
15 and Temporary Labor Services Act. 
16  (kk) Information prohibited from disclosure under the 
17 Seizure and Forfeiture Reporting Act. 
18  (ll) Information the disclosure of which is restricted 
19 and exempted under Section 5-30.8 of the Illinois Public 
20 Aid Code. 
21  (mm) Records that are exempt from disclosure under 
22 Section 4.2 of the Crime Victims Compensation Act. 
23  (nn) Information that is exempt from disclosure under 
24 Section 70 of the Higher Education Student Assistance Act. 
25  (oo) Communications, notes, records, and reports 
26 arising out of a peer support counseling session 
 
 
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1 prohibited from disclosure under the First Responders 
2 Suicide Prevention Act. 
3  (pp) Names and all identifying information relating to 
4 an employee of an emergency services provider or law 
5 enforcement agency under the First Responders Suicide 
6 Prevention Act. 
7  (qq) Information and records held by the Department of 
8 Public Health and its authorized representatives collected 
9 under the Reproductive Health Act. 
10  (rr) Information that is exempt from disclosure under 
11 the Cannabis Regulation and Tax Act. 
12  (ss) Data reported by an employer to the Department of 
13 Human Rights pursuant to Section 2-108 of the Illinois 
14 Human Rights Act.
15  (tt) Recordings made under the Children's Advocacy 
16 Center Act, except to the extent authorized under that 
17 Act. 
18  (uu) Information that is exempt from disclosure under 
19 Section 50 of the Sexual Assault Evidence Submission Act. 
20  (vv) Information that is exempt from disclosure under 
21 subsections (f) and (j) of Section 5-36 of the Illinois 
22 Public Aid Code. 
23  (ww) Information that is exempt from disclosure under 
24 Section 16.8 of the State Treasurer Act. 
25  (xx) Information that is exempt from disclosure or 
26 information that shall not be made public under the 
 
 
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1 Illinois Insurance Code. 
2  (yy) Information prohibited from being disclosed under 
3 the Illinois Educational Labor Relations Act.
4  (zz) Information prohibited from being disclosed under 
5 the Illinois Public Labor Relations Act. 
6  (aaa) Information prohibited from being disclosed 
7 under Section 1-167 of the Illinois Pension Code. 
8  (bbb) (ccc) Information that is prohibited from 
9 disclosure by the Illinois Police Training Act and the 
10 Illinois State Police Act. 
11  (ccc) (ddd) Records exempt from disclosure under 
12 Section
2605-304 of the Illinois Department of State 
13 Police Law of the Civil
Administrative Code of Illinois. 
14  (ddd) (bbb) Information prohibited from being 
15 disclosed under Section 35 of the Address Confidentiality 
16 for Victims of Domestic Violence, Sexual Assault, Human 
17 Trafficking, or Stalking Act. 
18  (eee) (ddd) Information prohibited from being 
19 disclosed under subsection (b) of Section 75 of the 
20 Domestic Violence Fatality Review Act. 
21  (fff) Information prohibited from disclosure under 
22 paragraph (3) of subsection (a) of Section 14 of the Nurse 
23 Agency Licensing Act. 
24(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
25101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
261-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
 
 
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1eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
2101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
31-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
4eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
5102-559, eff. 8-20-21; revised 10-5-21.)

6 Section 10. The Nurse Agency Licensing Act is amended by 
7changing Sections 3, 5, 7, 13, 14, and 14.1 and by adding 
8Section 14.3 as follows:



9 (225 ILCS 510/3) (from Ch. 111, par. 953)


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

11 (a) "Certified nurse aide" means an individual certified 
12as defined in
Section 3-206 of the Nursing Home Care Act, 
13Section 3-206 of the ID/DD Community Care Act, or Section 
143-206 of the MC/DD Act, as now or hereafter amended.

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

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

2 "Employee" means a nurse or a certified nurse aide. 
3 (d) "Health care facility" is defined as in Section 3 of 
4the Illinois
Health Facilities Planning Act, as now or 
5hereafter amended. "Health care facility" also includes any 
6facility licensed, certified, or approved by any State agency 
7and subject to regulation under the Assisted Living and Shared 
8Housing Act or the Illinois Public Aid Code. 

9 (e) "Licensee" means any nursing agency which is properly 
10licensed under
this Act.

11 (f) "Nurse" means a registered nurse, or a licensed 
12practical nurse, an advanced practice registered nurse, or any 
13individual licensed under as
defined in the Nurse Practice 
14Act.

15 (g) "Nurse agency" means any individual, firm, 
16corporation,
partnership or other legal entity that employs, 
17assigns or refers nurses
or certified nurse aides to a health 
18care facility for a
fee. The term "nurse agency" includes 
19nurses registries. The term "nurse
agency" does not include 
20services provided by home
health agencies licensed and 
21operated under the Home Health, Home Services, and Home 
22Nursing Agency
Licensing Act or a licensed or certified

23individual who provides his or her own services as a regular 
24employee of a
health care facility, nor does it apply to a 
25health care facility's
organizing nonsalaried employees to 
26provide services only in that
facility.

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





2 (225 ILCS 510/5) (from Ch. 111, par. 955)



3 Sec. 5. Application for license. An application to operate 
4a nurse
agency shall be made to the Department on forms 
5provided by the Department.
A separate application shall be 
6submitted for each additional location
from which a nurse 
7agency is operated. All applications must be under
oath and 
8must be accompanied by an equitable application fee which will 
9be
set by the Department by rule. A separate license must be 
10obtained for each
location from which a nurse agency is 
11operated unless the nurse agency is
owned and managed by the 
12same person or persons. Submission of false or
misleading 
13information is a petty offense punishable by a fine of $500.

14The application shall contain the following information:

15 (1) name and address of the person, partnership, 
16corporation or other
entity that is the applicant;

17 (2) if the applicant is a corporation or limited liability 
18company, a copy of its articles of
incorporation or 
19organization, a copy of its current bylaws, and the names and 
20addresses of
its officers and directors and shareholders 
21owning more than 5% of the
corporation's stock or membership 
22units;

23 (3) the name and location of premises from which the 
24applicant will
provide services;

25 (4) the names and addresses of the person or persons under 
 
 
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1whose
management or supervision the nurse agency will be 
2operated;

3 (5) a statement of financial solvency;

4 (6) a statement detailing the experience and 
5qualifications of the
applicant to operate a nurse agency, 
6however, the failure of a nurse agency
to demonstrate previous 
7experience to operate an agency does not in and of
itself 
8constitute grounds for the denial of a license;

9 (7) evidence of compliance or intent to comply with State 
10or federal law
relating to employee compensation, including 
11but not limited to, social
security taxes, State and federal 
12income taxes, workers' compensation,
unemployment taxes, and 
13State and federal overtime compensation laws;

14 (8) evidence of general and professional liability 
15insurance in the amounts of at
least $1,000,000 $500,000 per 
16incident and $3,000,000 $1,000,000 in aggregate and workers' 
17compensation coverage for all nurses or certified nursing 
18aides employed, assigned, or referred by the nurse agency to a 
19health care facility; and

20 (8.5) copies of all currently effective contracts with 
21health care facilities; and 
22 (9) any other relevant information which the Department 
23determines is
necessary to properly evaluate the applicant and 
24application as required by
the Department by rule.

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





 
 
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1 (225 ILCS 510/7) (from Ch. 111, par. 957)



2 Sec. 7. Renewal of license. At least 90 days prior to 
3license
expiration, the licensee shall submit an attestation 
4detailing the number of contracted shifts, number of shifts 
5missed, number of shifts fulfilled for the 3 quarters 
6preceding the application date, and an application which meets 
7the
requirements of Section 5 of this Act for renewal of the 
8license. If the
application is approved pursuant to Section 6, 
9the license shall be renewed
for an additional one-year 
10period.

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




12 (225 ILCS 510/13) (from Ch. 111, par. 963)



13 Sec. 13. Application for employment. 

14 (a) Every nurse agency shall cause
each applicant for 
15employment, assignment, or referral, as a nurse to
complete an 
16application form including the following information:

17  (1) name and address of the applicant;

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

20  (3) if so licensed, the number and date of such 
21 license; and

22  (4) references and dates and places of previous 
23 employment.

24 Prior to employing, assigning, or referring a nurse, the 
25agency shall
contact the Department of Financial and 
 
 
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1Professional Regulation to determine whether the
nurse's 
2license is valid and in good standing. Written verification 
3shall
be sent by the Department of Financial and Professional 
4Regulation within 20 working
days. At least biennially 
5thereafter, the nurse agency shall contact the
Department of 
6Financial and Professional Regulation to verify this 
7information in
writing. The nurse agency shall review the 
8disciplinary report published
by the Department of Financial 
9and Professional Regulation on a monthly basis to
determine 
10whether the nurse's license is valid and in good standing.

11 (b) Every nurse agency shall cause each applicant for 
12employment,
assignment, or referral, as a certified nurse aide 
13to complete an
application form including the following 
14information:

15  (1) name and address of the applicant;

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

19  (3) references and dates and places of previous 
20 employment.

21 Prior to employing, assigning, or referring a certified 
22nurse aide, the agency shall review the information provided 
23on the Health Care Worker Registry to verify that the 
24certification is valid. Prior to employing, assigning, or 
25referring a certified nurse aide to a position at a health care 
26employer or long-term facility as defined in the Health Care 
 
 
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1Worker Background Check Act, the nurse agency shall review the 
2information provided on the Health Care Worker Registry to 
3verify and that the certified nurse aide is not ineligible for 
4the position to be hired by health care employers or long-term 
5care facilities pursuant to Section 25 of the Health Care 
6Worker Background Check Act.

7 (c) Every nurse agency shall check at least 2 recent 
8references and the
dates of employment provided by the 
9applicant, unless the applicant has not
had 2 previous 
10employers.

11 (d) Knowingly employing, assigning, or referring to a 
12health care facility a nurse or certified nurse aide with an 
13illegally or fraudulently obtained or issued diploma, 
14registration, license, certificate, or background study 
15constitutes negligent hiring by a nurse agency and is a 
16violation of this Act. 
17 (e) (d) Nurses or certified nurses aides employed, 
18assigned, or referred to
a health care facility by a nurse 
19agency shall be deemed to be employees of
the nurse agency 
20while working for the nurse agency or on nurse agency

21employment, assignment or referral.

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





23 (225 ILCS 510/14) (from Ch. 111, par. 964)



24 Sec. 14. Minimum Standards. 
25 (a) The Department, by rule, shall
establish minimum 
 
 
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1standards for the operation of nurse agencies. Those
standards 
2shall include, but are not limited to: 
3  (1) the maintenance of written
policies and 
4 procedures;
5  (2) the maintenance and submission to the Department 
6 of copies of all contracts between the nurse agency and 
7 health care facility to which it assigns or refers nurses 
8 or certified nurse aides and copies of all invoices to 
9 health care facilities personnel. Executed contracts must 
10 be sent to the Department within 5 business days of their 
11 effective date and procedures; and 
12  (3) (2) the development of personnel policies for 
13 nurses or certified nurse aides employed, assigned, or 
14 referred to health care facilities, including which

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

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

25 (b) Each nurse agency shall have a nurse serving as a 
26manager or
supervisor of all nurses and certified nurses 
 
 
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1aides.

2 (c) Each nurse agency shall
ensure that its employees meet 
3the minimum
licensing, training, continuing education, and 
4orientation standards for
which those employees
are licensed 
5or certified. 

6 (d) A nurse agency shall not employ, assign, or refer for 
7use in an Illinois
health care facility a nurse or certified 
8nurse aide unless certified or
licensed under applicable 
9provisions of State and federal law or regulations.
Each 
10certified nurse aide shall comply with all pertinent

11regulations of the Illinois Department of Public Health 
12relating to the
health and other qualifications of personnel 
13employed in health care facilities.

14 (e) The Department may adopt rules to monitor the usage of 
15nurse agency services to
determine their impact. 

16 (f) Nurse agencies are prohibited from recruiting 
17potential employees on the premises of a health care facility 
18or requiring, as a condition of
employment, assignment, or 
19referral, that their employees
recruit new employees for the 
20nurse agency from
among the permanent employees of the health 
21care facility to which the
nurse agency employees have been 
22employed,
assigned, or referred,
and the health care facility 
23to which such employees are employed, assigned,
or referred is 
24prohibited from requiring, as a condition of employment,
that 
25their employees recruit new employees from these nurse agency

26employees. Violation of this provision is a business offense.

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





10 (225 ILCS 510/14.1)



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

12 (a) The Department may at any time, and shall upon 
13receiving a complaint
from any interested person, investigate 
14any person licensed or applying for a
license under this Act 
15suspected of violating any provision of any Section except 
16Section 14.3. The Department shall investigate any person who

17operates or advertises a nurse agency without being licensed 
18under this Act. The Department shall establish a system of 
19reporting complaints against a health care staffing agency. 
20The Department shall publish on its website how an interested 
21party may submit a complaint of a violation of this Act to the 
22Department. Complaints may be made by an interested party. 
23Complaints against a nurse agency shall be investigated by the 
24Department of Labor. The investigations shall take into 
25consideration the responsibility of health care facilities 
 
 
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1under Section 12 for supervising nurse agency employees 
2assigned or referred to the facilities. For purposes of this 
3Section, "interested party" means a health care facility, 
4nurse staffing agency, or an employee of a health care 
5facility or nurse staffing agency. 

6 The Director or his or her authorized representative may 
7examine the premises
of any nurse agency, may compel by 
8subpoena,
for examination or inspection, the attendance and 
9testimony of witnesses and
the production of books, payrolls, 
10records, papers and other evidence in any
investigation or 
11hearing, and may administer oaths or affirmations to

12witnesses.

13 (b) After appropriate notice and hearing, and if supported 
14by the evidence,
the Department may issue and cause to be 
15served on any person an order to cease
and desist from 
16violation of this Act and to take any further action that is

17reasonable to eliminate the effect of the violation of any 
18Section except Section 14.3.

19 Whenever it appears that any person has violated a valid 
20order of the
Department issued under this Act, the Director 
21may commence an action and
obtain from the court an order 
22directing the person to obey the order of the
Department or be 
23subject to punishment for contempt of court.

24 The Department may petition the court for an order 
25enjoining any
violation of any Section of this Act except 
26Section 14.3.

 
 
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1 (c) Any licensee or applicant who violates any provision 
2of this Act or the
rules adopted under this Act shall be 
3subject to a civil penalty of $10,000 per occurrence payable 
4to the Department for the purpose of enforcing this Act $1,000 
5per
day for each violation. Civil penalties may be assessed by 
6the Department in
an administrative action and may, if 
7necessary, be recovered in a civil action
brought by the 
8Director through the Attorney General of the State of Illinois

9or the State's attorney of any county in which the violation 
10occurred. The
court may order that the civil penalties 
11assessed for violation
of this Act, together with any costs or 
12attorney's fees arising out of the
action to collect the 
13penalties, be paid to the Department. The fact that the

14violation has ceased does not excuse any person from liability 
15for civil
penalties arising from the violation.

16 (d) Any nurse staffing agency that has been found not to 
17have paid an employee 100% of the hourly wage rate identified 
18in the contract between such nurse staffing agency and health 
19care facility shall be liable to the employee for the actual 
20amount of the underpayment, plus damages of 5% of the amount of 
21the underpayment. 
22(Source: P.A. 88-230.)


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


8 Section 99. Effective date. This Act takes effect July 1, 
92022.".