SUNSET – NEXT STEPS
Meetings will be set up with Stakeholders to address their concerns and/or questions. Amendments will be made to the bills as issues are resolved and concerns are addressed.
House bills will need to pass out of theHealthcare Licenses Activities committee before moving to the floor for a vote.
Senate bills will need to pass out of theLicensed Activities & Pensions committee before moving to the floor for a vote.
Once bills are assigned to the appropriate committees then grassroots effort will be needed to contact those committees to get the bill out of committee so it does not “die”.
Watch for Advocacy Alerts for actions needed.
ILLINOIS COALITION OF NURSING ORGANIZATIONS
ICNO is leading the sunset initiative, and are forming workgroups that will review various portions of the current nursing act to determine if changes are necessary to move nursing forward or to offer clarity.
- IACN – Illinois Association of Colleges of Nursing
- National Hispanic Nurses Association -Illinois
- IANA – Illinois Association of Nurse Anesthetists
- IPHNA – Illinois Public Health Nurse Administrators
- ISAPN – Illinois Society for Advanced Practice Nursing
- IOADN – Illinois Organization for Associate Degree Nursing
- IASN – Illinois Association of School Nurses
- ICCB Deans and Directors – Illinois Community College Board
- IONL – Illinois Organization of Nursing Leaders
- PNAI – Philippine Nurses Association of Illinois
- INF – Illinois Nurses Foundation
- IDFPR/Illinois Center for Nursing
- CCNBNA – Chicago Chapter of the National Black Nurses Association
- Leading Age – Nursing Division
- IAOHN – Illinois Association of Occupational Health Nurses
- DDNA of Illinois – Development Disabilities Nurses Association of Illinois
- Illinois Emergency Nurses Association
- GCCHIMSS – Greater Chicagoland Chapter of the Health Information Management and Systems Society – Nursing Division
- Illinois Homecare and Hospice Council
- IANPC – Illinois Ambulatory nurse Practice Consortium – chapter of AAACN
- International Polish Nurses Association
- National Association of Indian Nurses
- Chi Eta Phi
- Illinois League for Nursing
- American Psychiatric Nurses Association (APNA) – Illinois Chapter
What is Sunset?
by Sue Clark
Lobbyist, Capitol Edge Consulting
The idea of placing a 10-year limit on regulatory agencies dates back to President Franklin D. Roosevelt (1940s). In 1979 Illinois enacted the “Regulatory Sunset Act” (5 ILCS 80) which affects all licensed professions in the State.
The purpose of the law is to provide oversight and regulatory accountability for the numerous licensed agencies, programs, and professions in Illinois. Sunset provides a system for the termination or continuation of such agencies, programs, or professions. Regulatory accountability for licensed professionals rests within the Department of Financial and Professional Regulation, Division of Professional Regulation. The regulatory power granted to the agency is to protect the public health, safety, or welfare of the citizens of Illinois. To that extent the Act (5 ILCS 80) requires that the regulation of professions and occupations be reviewed by the Governor and the General Assembly every ten years.
- The Office of Management and Budget studies the performance of the regulatory agency and submits a report to the Governor with a recommendation as to continue or terminate the regulation of the specific profession. Key considerations include whether or not the profession is being administered in a nondiscriminatory manner and is regulated in the public interest.
- The Governor then determines whether to recommend continuation of the regulatory agency or profession to the General Assembly. The Governor
- must consider if the absence of regulation would significantly harm or endanger the public health, safety or welfare of the public; the relationship between the State’s police power and the protection of the public health, safety or welfare of the public, and whether or not the cost of regulation of a profession is more harmful to the public than harm which could result from the absence of regulation; and whether all facets of the regulatory process are designed solely for the purpose of, and have as their primary affect, the protection of the public.
- The General Assembly then has the authority to revise, reaffirm or ‘sunset’ (terminate) the profession, program, or agency being reviewed. The Nursing and Advanced Practice Nursing Act is one of several that will undergo Sunset review in 2017. Others include: Podiatric Medical Practice Act and the Physician Assistant Act. Although, rules for administration of practice acts can be amended at any point in time, Sunset is the key time when legislators can evaluate how a profession is regulated.
SUNSET REVIEW – ICNO PROCESS –
- Workgroups are to provide recommended changes with rationale in common language.
- Recommendations will come back to ICNO for review and prioritization.
- ICNO met on August 3rd to vote on recommendations. Each organization received one vote, organizations not present will be given an opportunity to vote on the language electronically within 7 days of the August 3rd meeting.
- August 10th – Summary of voting and amendments where distributed to the organizations for review. Organizations not wishing to be listed as in support of the bill were to notify ANA-Illinois so list of supporters is accurate.
- Language will be sent to Legislative Reference Bureau to be written as a bill.
- LRB language will be shared with the makers of the recommendations to verify intent is captured.
- January 2017 – bill will be introduced.
- WORKGROUP LEADS
|NPA Section||Lead Organization(s)|
|LPN Practice||Leading Age – Nursing Division|
|LPN Education||ICCB Deans & Directors|
|APN Practice and Education||ISAPN
|Administration and Enforcement||IONL
|Center for Nursing||ICN|
- Illinois Nurse Practice Act
- Model Nurse Practice Act
- 2015 ANA Code of Ethics
- 2015 ANA Scope and Standards of Practice, Social Policy Statement
- APRN Consensus Model
- ANA Determining Scope of Practice for Advanced Practice Registered Nurses (APRNs)
- Position papers – ANA