SB3702 REGISTERED NURSE USE OF AI | Illinois Bill

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3702

Introduced 2/5/2026, by Sen. Graciela Guzmán

SYNOPSIS AS INTRODUCED:

225 ILCS 65/50-10

was 225 ILCS 65/5-10
225 ILCS 65/60-36 new
225 ILCS 65/60-37 new
225 ILCS 65/60-38 new
225 ILCS 65/60-39 new
225 ILCS 65/60-41 new
225 ILCS 65/60-42 new
225 ILCS 65/70-5

was 225 ILCS 65/10-45
225 ILCS 65/70-27 new

Amends the Nurse Practice Act. In provisions concerning registered
professional nurses, adds provisions concerning: the use of artificial
intelligence in recorded or transcribed encounters; prohibition on
substituting artificial intelligence for nursing services; use of
artificial intelligence as clinical decision support under the control of
a registered professional nurse; patient notice and transparency;
confidentiality protections; exceptions for nonclinical activity; and
defined terms. Amends the grounds for discipline to add violations of the
artificial intelligence provisions by a registered professional nurse.
Requires a health care entity that employs registered professional nurses
and deploys artificial intelligence in direct patient care to maintain
validation and bias monitoring records for each system and make such
records available to the Department of Financial and Professional
Regulation upon request; provide registered professional nurses with
training on intended use, data limits, and known failure modes; ensure
registered professional nurses have access to data inputs and key factors
that produced any recommendation used in direct patient care; and prohibit
staffing, triage, admission, discharge, or transfer decisions that rely
solely on artificial intelligence. Allows the Department to investigate
any health care entity that employs registered professional nurses for a
violation of the artificial intelligence provisions. Effective
immediately.
LRB104 19515 AAS 32963 b

A BILL FOR

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AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

Section 5.
The Nurse Practice Act is amended by changing
5
Sections 50-10 and 70-5 and by adding Sections 60-36, 60-37,
6
60-38, 60-39, 60-41, 60-42, and 70-27 as follows:

(225 ILCS 65/50-10)

(was 225 ILCS 65/5-10)
8

(Section scheduled to be repealed on January 1, 2028)
9

Sec. 50-10.
Definitions.
Each of the following terms, when
10
used in this Act, shall have the meaning ascribed to it in this
11
Section, except where the context clearly indicates otherwise:
12

"Academic year" means the customary annual schedule of
13
courses at a college, university, or approved school,
14
customarily regarded as the school year as distinguished from
15
the calendar year.
16

"Address of record" means the designated address recorded
17
by the Department in the applicant's or licensee's application
18
file or license file as maintained by the Department's
19
licensure maintenance unit.
20

"Advanced practice registered nurse" or "APRN" means a
21
person who has met the qualifications for a (i) certified
22
nurse midwife (CNM); (ii) certified nurse practitioner (CNP);
23
(iii) certified registered nurse anesthetist (CRNA); or (iv)

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clinical nurse specialist (CNS) and has been licensed by the
2
Department. All advanced practice registered nurses licensed
3
and practicing in the State of Illinois shall use the title
4
APRN and may use specialty credentials CNM, CNP, CRNA, or CNS
5
after their name. All advanced practice registered nurses may
6
only practice in accordance with national certification and
7
this Act.
8

"Advisory Board" means the Illinois Nursing Workforce
9
Center Advisory Board.
10

"Affect recognition" means technology that infers a
11
person's emotions, mood, mental state, or intent from voice,
12
facial expression, physiology, behavior, or other signals.

"Approved program of professional nursing education" and
14
"approved program of practical nursing education" are programs
15
of professional or practical nursing, respectively, approved
16
by the Department under the provisions of this Act.
17

"Artificial intelligence" and "generative artificial
18
intelligence" have the meanings given to those terms in
19
Section 2-101 of the Illinois Human Rights Act.

"Board" means the Board of Nursing appointed by the
21
Secretary.
22

"Center" means the Illinois Nursing Workforce Center.
23

"Clinical decision support" means information presented to
24
a nurse that assists clinical judgment and allows independent
25
review of the basis for any recommendation.

"Collaboration" means a process involving 2 or more health

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care professionals working together, each contributing one's
2
respective area of expertise to provide more comprehensive
3
patient care.
4

"Competence" means an expected and measurable level of
5
performance that integrates knowledge, skills, abilities, and
6
judgment based on established scientific knowledge and
7
expectations for nursing practice.
8

"Comprehensive nursing assessment" means the gathering of
9
information about the patient's physiological, psychological,
10
sociological, and spiritual status on an ongoing basis by a
11
registered professional nurse and is the first step in
12
implementing and guiding the nursing plan of care.
13

"Consent" means a written, informed, freely given,
14
specific, and unambiguous agreement by the patient or the
15
patient's representative to the use of artificial intelligence
16
in connection with a recorded or transcribed encounter.

"Consultation" means the process whereby an advanced
18
practice registered nurse seeks the advice or opinion of
19
another health care professional.
20

"Credentialed" means the process of assessing and
21
validating the qualifications of a health care professional.
22

"Dentist" means a person licensed to practice dentistry
23
under the Illinois Dental Practice Act.
24

"Department" means the Department of Financial and
25
Professional Regulation.
26

"Direct patient care" means any activity involving

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assessment, planning, intervention, education, delegation, or
2
evaluation that affects an identifiable patient.

"Email address of record" means the designated email
4
address recorded by the Department in the applicant's
5
application file or the licensee's license file, as maintained
6
by the Department's licensure maintenance unit.
7

"Focused nursing assessment" means an appraisal of an
8
individual's status and current situation, contributing to the
9
comprehensive nursing assessment performed by the registered
10
professional nurse or advanced practice registered nurse or
11
the assessment by the physician assistant, physician, dentist,
12
podiatric physician, or other licensed health care
13
professional, as determined by the Department, supporting
14
ongoing data collection, and deciding who needs to be informed
15
of the information and when to inform.
16

"Full practice authority" means the authority of an
17
advanced practice registered nurse licensed in Illinois and
18
certified as a nurse practitioner, clinical nurse specialist,
19
or nurse midwife to practice without a written collaborative
20
agreement and:
21

(1) to be fully accountable to patients for the
22

quality of advanced nursing care rendered;
23

(2) to be fully accountable for recognizing limits of
24

knowledge and experience and for planning for the
25

management of situations beyond the advanced practice
26

registered nurse's expertise; the full practice authority

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for advanced practice registered nurses includes accepting
2

referrals from, consulting with, collaborating with, or
3

referring to other health care professionals as warranted
4

by the needs of the patient; and
5

(3) to possess the authority to prescribe medications,
6

including Schedule II through V controlled substances, as
7

provided in Section 65-43.
8

"Full practice authority-pending advanced practice
9
registered nurse" means an advanced practice registered nurse
10
licensed in Illinois and certified as a nurse practitioner,
11
clinical nurse specialist, or nurse midwife who has provided a
12
notarized attestation of completion of at least 250 hours of
13
continuing education or training in the advanced practice
14
registered nurse's area of certification and at least 4,000
15
hours of clinical experience after first attaining national
16
certification and who has submitted an application to the
17
Department to be granted full practice authority.
18

"Hospital affiliate" means a corporation, partnership,
19
joint venture, limited liability company, or similar
20
organization, other than a hospital, that is devoted primarily
21
to the provision, management, or support of health care
22
services and that directly or indirectly controls, is
23
controlled by, or is under common control of the hospital. For
24
the purposes of this definition, "control" means having at
25
least an equal or a majority ownership or membership interest.
26
A hospital affiliate shall be 100% owned or controlled by any

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combination of hospitals, their parent corporations, or
2
physicians licensed to practice medicine in all its branches
3
in Illinois. "Hospital affiliate" does not include a health
4
maintenance organization regulated under the Health
5
Maintenance Organization Act.
6

"Impaired nurse" means a nurse licensed under this Act who
7
is unable to practice with reasonable skill and safety because
8
of a physical or mental disability as evidenced by a written
9
determination or written consent based on clinical evidence,
10
including loss of motor skills, abuse of drugs or alcohol, or a
11
psychiatric disorder, of sufficient degree to diminish his or
12
her ability to deliver competent patient care.
13

"License-pending advanced practice registered nurse" means
14
a registered professional nurse who has completed all
15
requirements for licensure as an advanced practice registered
16
nurse except the certification examination and has applied to
17
take the next available certification exam and received a
18
temporary permit from the Department.
19

"License-pending registered nurse" means a person who has
20
passed the Department-approved registered nurse licensure exam
21
and has applied for a license from the Department. A
22
license-pending registered nurse shall use the title "RN lic
23
pend" on all documentation related to nursing practice.
24

"Maternity care desert" means a county without any
25
hospital, any birth center, or any licensed health care
26
professional offering obstetric care.

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"Nursing intervention" means any treatment based on
2
clinical nursing judgment or knowledge that a nurse performs.
3
An individual or entity shall not mandate that a registered
4
professional nurse delegate nursing interventions if the
5
registered professional nurse determines it is inappropriate
6
to do so. A nurse shall not be subject to disciplinary or any
7
other adverse action for refusing to delegate a nursing
8
intervention based on patient safety.
9

"Nonclinical information service" means educational or
10
self-help content that does not purport to provide nursing
11
services, clinical advice, diagnosis, or treatment for an
12
identifiable patient.

"Physician" means a person licensed to practice medicine
14
in all its branches under the Medical Practice Act of 1987.
15

"Podiatric physician" means a person licensed to practice
16
podiatry under the Podiatric Medical Practice Act of 1987.
17

"Practical nurse" or "licensed practical nurse" means a
18
person who is licensed as a practical nurse under this Act and
19
practices practical nursing as defined in this Act. Only a
20
practical nurse licensed under this Act is entitled to use the
21
title "licensed practical nurse" and the abbreviation
22
"L.P.N.".
23

"Practical nursing" means the performance of nursing
24
interventions requiring the nursing knowledge, judgment, and
25
skill acquired by means of completion of an approved practical
26
nursing education program. Practical nursing includes

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assisting in the nursing process under the guidance of a
2
registered professional nurse or an advanced practice
3
registered nurse. The practical nurse may work under the
4
direction of a licensed physician, dentist, podiatric
5
physician, or other health care professional determined by the
6
Department.
7

"Privileged" means the authorization granted by the
8
governing body of a healthcare facility, agency, or
9
organization to provide specific patient care services within
10
well-defined limits, based on qualifications reviewed in the
11
credentialing process.
12

"Professional assistance program for nurses" means a
13
professional assistance program that meets criteria
14
established by the Board of Nursing and approved by the
15
Secretary, which provides a non-disciplinary treatment
16
approach for nurses licensed under this Act whose ability to
17
practice is compromised by alcohol or chemical substance
18
addiction.
19

"Recorded or transcribed encounter" means any audio,
20
video, or text capture of a clinical interaction that is
21
processed by software to produce notes, transcripts,
22
summaries, risk scores, or recommendations for direct patient
23
care.

"Registered Nurse" or "Registered Professional Nurse"
25
means a person who is licensed as a professional nurse under
26
this Act and practices nursing as defined in this Act. Only a

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registered nurse licensed under this Act is entitled to use
2
the titles "registered nurse" and "registered professional
3
nurse" and the abbreviation, "R.N.".
4

"Registered professional nursing practice" means a
5
scientific process founded on a professional body of knowledge
6
that includes, but is not limited to, the protection,
7
promotion, and optimization of health and abilities,
8
prevention of illness and injury, development and
9
implementation of the nursing plan of care, facilitation of
10
nursing interventions to alleviate suffering, care
11
coordination, and advocacy in the care of individuals,
12
families, groups, communities, and populations. "Registered
13
professional nursing practice" does not include the act of
14
medical diagnosis or prescription of medical therapeutic or
15
corrective measures.
16

"Risk scoring" means any algorithmic score or
17
classification that ranks a patient's likelihood of events
18
such as deterioration, readmission, utilization, mortality,
19
self-harm, or nonadherence.

"Professional assistance program for nurses" means a
21
professional assistance program that meets criteria
22
established by the Board of Nursing and approved by the
23
Secretary, which provides a non-disciplinary treatment
24
approach for nurses licensed under this Act whose ability to
25
practice is compromised by alcohol or chemical substance
26
addiction.

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"Secretary" means the Secretary of Financial and
2
Professional Regulation.
3

"Unencumbered license" means a license issued in good
4
standing.
5

"Written collaborative agreement" means a written
6
agreement between an advanced practice registered nurse and a
7
collaborating physician, dentist, or podiatric physician
8
pursuant to Section 65-35.
9
(Source: P.A. 103-154, eff. 6-30-23; 103-686, eff. 1-1-25;
10
104-244, eff. 1-1-26
.)

(225 ILCS 65/60-36 new)
12

Sec. 60-36.
Use of artificial intelligence in recorded or
13
transcribed encounters.
14

(a) A registered professional nurse shall obtain consent
15
before using artificial intelligence to record, transcribe,
16
summarize, or analyze a clinical encounter or its artifacts
17
for direct patient care. A registered professional nurse may
18
not obtain consent through the use of prechecked boxes,
19
blanket terms of service, take it or leave it conditions, or
20
other dark patterns. A patient may revoke consent at any time,
21
and revocation must be honored without delay.
22

(b) A registered professional nurse shall provide a clear
23
mechanism for the revocation of consent. Upon revocation of
24
consent, processing stops, and previously generated outputs
25
shall not be used for clinical decisions unless required to

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preserve the medical record.
2

(225 ILCS 65/60-37 new)
5

Sec. 60-37.
Prohibition on substituting artificial
6
intelligence for nursing services.
7

(a) An artificial intelligence system shall not provide
8
nursing services in place of a registered professional nurse
9
in direct patient care.
10

(b) An artificial intelligence system shall not perform or
11
be assigned any of the following:
12

(1) A comprehensive or focused nursing assessment.
13

(2) Nursing judgment or clinical decision-making.
14

(3) Nursing diagnosis or problem identification.
15

(4) Development, approval, or modification of a
16

nursing plan of care.
17

(5) Delegation decisions.
18

(6) Patient education or counseling that requires
19

clinical judgment.
20

(7) Evaluation of patient responses and outcomes.
21

(8) Affect recognition used for clinical decisions.
22

(9) Risk scoring used for clinical decisions without
23

human review and approval by a nurse.
24

(10) Triage, admission, discharge, or transfer
25

determinations without human review and approval by a

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nurse.
2

(c) Any output from an artificial intelligence system is
3
advisory only. A registered professional nurse shall not rely
4
on any output without independent review for clinical validity
5
and relevance to the patient.

(225 ILCS 65/60-38 new)
7

Sec. 60-38.
Use of artificial intelligence as clinical
8
decision support under the control of a registered
9
professional nurse.
10

(a) A registered professional nurse shall use artificial
11
intelligence only as clinical decision support or for
12
administrative tasks that do not constitute nursing services.
13

(b) The registered professional nurse remains responsible
14
and accountable for all nursing services. The registered
15
professional nurse shall review, interpret, and document the
16
rationale for accepting or rejecting any output from
17
artificial intelligence.
18

(c) A registered professional nurse has the right to
19
refuse use or delegation when patient safety requires refusal.
20
An employer shall not retaliate for a good faith refusal under
21
this Section.

(225 ILCS 65/60-39 new)
23

Sec. 60-39.
Artificial intelligence; patient notice and
24
transparency.

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(a) If a registered professional nurse uses artificial
2
intelligence in direct patient care, the treatment record
3
shall include the system name, version, and a brief
4
description of the role or artificial intelligence.
5

(b) Patients shall receive written notice in plain
6
language that states artificial intelligence supports the
7
decision-making of a registered professional nurse and does
8
not replace a registered professional nurse. The notice shall
9
be included in the admission packet and posted in a
10
conspicuous location in the care setting.

(225 ILCS 65/60-41 new)
12

Sec. 60-41.
Artificial intelligence; confidentiality
13
protections.
14

(a) Use of artificial intelligence does not diminish,
15
waive, or alter any confidentiality or privacy obligation
16
under the Health Insurance Portability and Accountability Act
17
of 1996 and its regulations, the Medical Patient Rights Act,
18
or any other applicable law.
19

(b) A registered professional nurse shall ensure that
20
vendors or business associates processing data for artificial
21
intelligence comply with all confidentiality or privacy
22
obligations under the Health Insurance Portability and
23
Accountability Act of 1996 and its regulations, the Medical
24
Patient Rights Act, or any other applicable law.

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(225 ILCS 65/60-42 new)
2

Sec. 60-42.
Artificial intelligence; exceptions for
3
nonclinical activity.
4

(a) Sections 60-36 through 60-41 do not apply to
5
nonclinical information services that provide general
6
education or self-help content to the public and do not
7
purport to provide nursing services, clinical advice,
8
diagnosis, or treatment to an identifiable patient.
9

(b) Sections 60-36 through 60-41 does not restrict
10
administrative uses that do not affect clinical decisions for
11
an identifiable patient, including supply management, room
12
assignment logistics, or claims processing, provided a
13
registered professional nurse's clinical judgment is not
14
displaced.

(225 ILCS 65/70-5)

(was 225 ILCS 65/10-45)
16

(Section scheduled to be repealed on January 1, 2028)
17

Sec. 70-5.
Grounds for disciplinary action.
18

(a) The Department may refuse to issue or to renew, or may
19
revoke, suspend, place on probation, reprimand, or take other
20
disciplinary or non-disciplinary action as the Department may
21
deem appropriate, including fines not to exceed $10,000 per
22
violation, with regard to a license for any one or combination
23
of the causes set forth in subsection (b) below. All fines
24
collected under this Section shall be deposited in the Nursing
25
Dedicated and Professional Fund.

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(b) Grounds for disciplinary action include the following:
2

(1) Material deception in furnishing information to
3

the Department.
4

(2) Material violations of any provision of this Act
5

or violation of the rules of or final administrative
6

action of the Secretary, after consideration of the
7

recommendation of the Board.
8

(3) Conviction by plea of guilty or nolo contendere,
9

finding of guilt, jury verdict, or entry of judgment or by
10

sentencing of any crime, including, but not limited to,
11

convictions, preceding sentences of supervision,
12

conditional discharge, or first offender probation, under
13

the laws of any jurisdiction of the United States: (i)
14

that is a felony; or (ii) that is a misdemeanor, an
15

essential element of which is dishonesty, or that is
16

directly related to the practice of the profession.
17

(4) A pattern of practice or other behavior which
18

demonstrates incapacity or incompetency to practice under
19

this Act.
20

(5) Knowingly aiding or assisting another person in
21

violating any provision of this Act or rules.
22

(6) Failing, within 90 days, to provide a response to
23

a request for information in response to a written request
24

made by the Department by certified or registered mail or
25

by email to the email address of record.
26

(7) Engaging in dishonorable, unethical, or

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unprofessional conduct of a character likely to deceive,
2

defraud, or harm the public, as defined by rule.
3

(8) Unlawful taking, theft, selling, distributing, or
4

manufacturing of any drug, narcotic, or prescription
5

device.
6

(9) Habitual or excessive use or addiction to alcohol,
7

narcotics, stimulants, or any other chemical agent or drug
8

that could result in a licensee's inability to practice
9

with reasonable judgment, skill, or safety.
10

(10) Discipline by another U.S. jurisdiction or
11

foreign nation, if at least one of the grounds for the
12

discipline is the same or substantially equivalent to
13

those set forth in this Section.
14

(11) A finding that the licensee, after having her or
15

his license placed on probationary status or subject to
16

conditions or restrictions, has violated the terms of
17

probation or failed to comply with such terms or
18

conditions.
19

(12) Being named as a perpetrator in an indicated
20

report by the Department of Children and Family Services
21

and under the Abused and Neglected Child Reporting Act,
22

and upon proof by clear and convincing evidence that the
23

licensee has caused a child to be an abused child or
24

neglected child as defined in the Abused and Neglected
25

Child Reporting Act.
26

(13) Willful omission to file or record, or willfully

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impeding the filing or recording or inducing another
2

person to omit to file or record medical reports as
3

required by law.
4

(13.5) Willfully failing to report an instance of
5

suspected child abuse or neglect as required by the Abused
6

and Neglected Child Reporting Act.
7

(14) Gross negligence in the practice of practical,
8

professional, or advanced practice registered nursing.
9

(15) Holding oneself out to be practicing nursing
10

under any name other than one's own.
11

(16) Failure of a licensee to report to the Department
12

any adverse final action taken against him or her by
13

another licensing jurisdiction of the United States or any
14

foreign state or country, any peer review body, any health
15

care institution, any professional or nursing society or
16

association, any governmental agency, any law enforcement
17

agency, or any court or a nursing liability claim related
18

to acts or conduct similar to acts or conduct that would
19

constitute grounds for action as defined in this Section.
20

(17) Failure of a licensee to report to the Department
21

surrender by the licensee of a license or authorization to
22

practice nursing or advanced practice registered nursing
23

in another state or jurisdiction or current surrender by
24

the licensee of membership on any nursing staff or in any
25

nursing or advanced practice registered nursing or
26

professional association or society while under

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disciplinary investigation by any of those authorities or
2

bodies for acts or conduct similar to acts or conduct that
3

would constitute grounds for action as defined by this
4

Section.
5

(18) Failing, within 60 days, to provide information
6

in response to a written request made by the Department.
7

(19) Failure to establish and maintain records of
8

patient care and treatment as required by law.
9

(20) Fraud, deceit, or misrepresentation in applying
10

for or procuring a license under this Act or in connection
11

with applying for renewal of a license under this Act.
12

(21) Allowing another person or organization to use
13

the licensee's license to deceive the public.
14

(22) Willfully making or filing false records or
15

reports in the licensee's practice, including, but not
16

limited to, false records to support claims against the
17

medical assistance program of the Department of Healthcare
18

and Family Services (formerly Department of Public Aid)
19

under the Illinois Public Aid Code.
20

(23) Attempting to subvert or cheat on a licensing
21

examination administered under this Act.
22

(24) Immoral conduct in the commission of an act,
23

including, but not limited to, sexual abuse, sexual
24

misconduct, or sexual exploitation, related to the
25

licensee's practice.
26

(25) Willfully or negligently violating the

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confidentiality between nurse and patient except as
2

required by law.
3

(26) Practicing under a false or assumed name, except
4

as provided by law.
5

(27) The use of any false, fraudulent, or deceptive
6

statement in any document connected with the licensee's
7

practice.
8

(28) Directly or indirectly giving to or receiving
9

from a person, firm, corporation, partnership, or
10

association a fee, commission, rebate, or other form of
11

compensation for professional services not actually or
12

personally rendered. Nothing in this paragraph (28)
13

affects any bona fide independent contractor or employment
14

arrangements among health care professionals, health
15

facilities, health care providers, or other entities,
16

except as otherwise prohibited by law. Any employment
17

arrangements may include provisions for compensation,
18

health insurance, pension, or other employment benefits
19

for the provision of services within the scope of the
20

licensee's practice under this Act. Nothing in this
21

paragraph (28) shall be construed to require an employment
22

arrangement to receive professional fees for services
23

rendered.
24

(29) A violation of the Health Care Worker
25

Self-Referral Act.
26

(30) Physical illness, mental illness, or disability

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that results in the inability to practice the profession
2

with reasonable judgment, skill, or safety.
3

(31) Exceeding the terms of a collaborative agreement
4

or the prescriptive authority delegated to a licensee by
5

his or her collaborating physician or podiatric physician
6

in guidelines established under a written collaborative
7

agreement.
8

(32) Making a false or misleading statement regarding
9

a licensee's skill or the efficacy or value of the
10

medicine, treatment, or remedy prescribed by him or her in
11

the course of treatment.
12

(33) Prescribing, selling, administering,
13

distributing, giving, or self-administering a drug
14

classified as a controlled substance (designated product)
15

or narcotic for other than medically accepted therapeutic
16

purposes.
17

(34) Promotion of the sale of drugs, devices,
18

appliances, or goods provided for a patient in a manner to
19

exploit the patient for financial gain.
20

(35) Violating State or federal laws, rules, or
21

regulations relating to controlled substances.
22

(36) Willfully or negligently violating the
23

confidentiality between an advanced practice registered
24

nurse, collaborating physician, dentist, or podiatric
25

physician and a patient, except as required by law.
26

(37) Willfully failing to report an instance of

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suspected abuse, neglect, financial exploitation, or
2

self-neglect of an eligible adult as defined in and
3

required by the Adult Protective Services Act.
4

(38) Being named as an abuser in a verified report by
5

the Department on Aging and under the Adult Protective
6

Services Act, and upon proof by clear and convincing
7

evidence that the licensee abused, neglected, or
8

financially exploited an eligible adult as defined in the
9

Adult Protective Services Act.
10

(39) A violation of any provision of this Act or any
11

rules adopted under this Act.
12

(40) Violating the Compassionate Use of Medical
13

Cannabis Program Act.
14

(41) Use of artificial intelligence in place of a
15

registered professional nurse for any act listed in
16

Section 60-37, directing any person to do so, failure to
17

obtain consent required by Section 60-36, or failure to
18

make the disclosures required by Section 60-39,
19

constitutes unprofessional conduct and grounds for
20

discipline.

(b-5) The Department shall not revoke, suspend, summarily
22
suspend, place on probation, reprimand, refuse to issue or
23
renew, or take any other disciplinary or non-disciplinary
24
action against a person's authorization to practice under this
25
Act based solely upon the person providing, authorizing,
26
recommending, aiding, assisting, referring for, or otherwise

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1
participating in any health care service, so long as the care
2
was not unlawful under the laws of this State, regardless of
3
whether the patient was a resident of this State or another
4
state.
5

(b-10) The Department shall not revoke, suspend, summarily
6
suspend, place on prohibition, reprimand, refuse to issue or
7
renew, or take any other disciplinary or non-disciplinary
8
action against a person's authorization to practice under this
9
Act based upon the person's license, registration, or permit
10
being revoked or suspended, or the person being otherwise
11
disciplined, by any other state if that revocation,
12
suspension, or other form of discipline was based solely on
13
the person violating another state's laws prohibiting the
14
provision of, authorization of, recommendation of, aiding or
15
assisting in, referring for, or participation in any health
16
care service if that health care service as provided would not
17
have been unlawful under the laws of this State and is
18
consistent with the applicable standard of conduct for the
19
person practicing in Illinois under this Act.
20

(b-15) The conduct specified in subsections (b-5) and
21
(b-10) shall not trigger reporting requirements under Section
22
65-65 or constitute grounds for suspension under Section
23
70-60.
24

(b-20) An applicant seeking licensure, certification, or
25
authorization under this Act who has been subject to
26
disciplinary action by a duly authorized professional

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1
disciplinary agency of another jurisdiction solely on the
2
basis of having provided, authorized, recommended, aided,
3
assisted, referred for, or otherwise participated in health
4
care shall not be denied such licensure, certification, or
5
authorization, unless the Department determines that such
6
action would have constituted professional misconduct in this
7
State; however, nothing in this Section shall be construed as
8
prohibiting the Department from evaluating the conduct of such
9
applicant and making a determination regarding the licensure,
10
certification, or authorization to practice a profession under
11
this Act.
12

(c) The determination by a circuit court that a licensee
13
is subject to involuntary admission or judicial admission as
14
provided in the Mental Health and Developmental Disabilities
15
Code, as amended, operates as an automatic suspension. The
16
suspension will end only upon a finding by a court that the
17
patient is no longer subject to involuntary admission or
18
judicial admission and issues an order so finding and
19
discharging the patient; and upon the recommendation of the
20
Board to the Secretary that the licensee be allowed to resume
21
his or her practice.
22

(d) The Department may refuse to issue or may suspend or
23
otherwise discipline the license of any person who fails to
24
file a return, or to pay the tax, penalty, or interest shown in
25
a filed return, or to pay any final assessment of the tax,
26
penalty, or interest as required by any tax Act administered

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1
by the Department of Revenue, until such time as the
2
requirements of any such tax Act are satisfied.
3

(e) In enforcing this Act, the Department, upon a showing
4
of a possible violation, may compel an individual licensed to
5
practice under this Act or who has applied for licensure under
6
this Act, to submit to a mental or physical examination, or
7
both, as required by and at the expense of the Department. The
8
Department may order the examining physician to present
9
testimony concerning the mental or physical examination of the
10
licensee or applicant. No information shall be excluded by
11
reason of any common law or statutory privilege relating to
12
communications between the licensee or applicant and the
13
examining physician. The examining physicians shall be
14
specifically designated by the Department. The individual to
15
be examined may have, at his or her own expense, another
16
physician of his or her choice present during all aspects of
17
this examination. Failure of an individual to submit to a
18
mental or physical examination, when directed, shall result in
19
an automatic suspension without hearing.
20

All substance-related violations shall mandate an
21
automatic substance abuse assessment. Failure to submit to an
22
assessment by a licensed physician who is certified as an
23
addictionist or an advanced practice registered nurse with
24
specialty certification in addictions may be grounds for an
25
automatic suspension, as defined by rule.
26

If the Department finds an individual unable to practice

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1
or unfit for duty because of the reasons set forth in this
2
subsection (e), the Department may require that individual to
3
submit to a substance abuse evaluation or treatment by
4
individuals or programs approved or designated by the
5
Department, as a condition, term, or restriction for
6
continued, restored, or renewed licensure to practice; or, in
7
lieu of evaluation or treatment, the Department may file, or
8
the Board may recommend to the Department to file, a complaint
9
to immediately suspend, revoke, or otherwise discipline the
10
license of the individual. An individual whose license was
11
granted, continued, restored, renewed, disciplined, or
12
supervised subject to such terms, conditions, or restrictions,
13
and who fails to comply with such terms, conditions, or
14
restrictions, shall be referred to the Secretary for a
15
determination as to whether the individual shall have his or
16
her license suspended immediately, pending a hearing by the
17
Department.
18

In instances in which the Secretary immediately suspends a
19
person's license under this subsection (e), a hearing on that
20
person's license must be convened by the Department within 15
21
days after the suspension and completed without appreciable
22
delay. The Department and Board shall have the authority to
23
review the subject individual's record of treatment and
24
counseling regarding the impairment to the extent permitted by
25
applicable federal statutes and regulations safeguarding the
26
confidentiality of medical records.

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An individual licensed under this Act and affected under
2
this subsection (e) shall be afforded an opportunity to
3
demonstrate to the Department that he or she can resume
4
practice in compliance with nursing standards under the
5
provisions of his or her license.
6

(f) The Department may adopt rules to implement,
7
administer, and enforce this Section.
8
(Source: P.A. 104-432, eff. 1-1-26
.)

(225 ILCS 65/70-27 new)
10

Sec. 70-27.
Use of artificial intelligence in recorded or
11
transcribed encounters by registered professional nurses;
12
employers.

(a) A health care entity that employs registered
14
professional nurses and deploys artificial intelligence in
15
direct patient care shall do all of the following:
16

(1) Maintain validation and bias monitoring records
17

for each system and make such records available to the
18

Department upon request.
19

(2) Provide registered professional nurses with
20

training on intended use, data limits, and known failure
21

modes.
22

(3) Ensure registered professional nurses have access
23

to data inputs and key factors that produced any
24

recommendation used in direct patient care.
25

(4) Prohibit staffing, triage, admission, discharge,

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or transfer decisions that rely solely on artificial
2

intelligence. Human clinical review by a registered
3

professional nurse is required.
4

(b) The Department may investigate any health care entity
5
for a violation of this Section and regarding violations of
6
Sections 60-36 through 60-41 of the Nurse Practice Act by a
7
registered professional nurse employed by the health care
8
entity.
9

(c) The Department may impose a civil penalty on any
10
health care entity that violates this Section. Each day of
11
noncompliance is a separate offense.
12

(d) Hearings on civil penalties under this Section shall
13
follow the procedures set forth in the Department of
14
Professional Regulation Law of the Civil Administrative Code
15
of Illinois.

Section 99.
Effective date.
This Act takes effect upon
17
becoming law.

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REGISTERED NURSE USE OF AI

Plain English Breakdown

REGISTERED NURSE USE OF AI

What This Bill Does

Limits and Unknowns

Bill History

Official Summary Text

Current Bill Text