WHAT THIS BILL REGULATES · 7 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
"Affect recognitionAffect recognition"Affect recognition" means technology that infers a person's emotions, mood, mental state, or intent from voice, facial expression, physiology, behavior, or other signals.225 ILCS 65/50-10" means technology that infers a person's emotions, mood, mental state, or intent from voice, facial expression, physiology, behavior, or other signals.
"Artificial intelligenceArtificial intelligence"Artificial intelligence" and "generative artificial intelligence" have the meanings given to those terms in Section 2-101 of the Illinois Human Rights Act.225 ILCS 65/50-10" and "generative artificial intelligenceArtificial intelligence"Artificial intelligence" and "generative artificial intelligence" have the meanings given to those terms in Section 2-101 of the Illinois Human Rights Act.225 ILCS 65/50-10" have the meanings given to those terms in Section 2-101 of the Illinois Human Rights Act.
"Clinical decision supportClinical decision support"Clinical decision support" means information presented to a nurse that assists clinical judgment and allows independent review of the basis for any recommendation.225 ILCS 65/50-10" means information presented to a nurse that assists clinical judgment and allows independent review of the basis for any recommendation.
"ConsentConsent"Consent" means a written, informed, freely given, specific, and unambiguous agreement by the patient or the patient's representative to the use of artificial intelligence in connection with a recorded or transcribed encounter.225 ILCS 65/50-10" means a written, informed, freely given, specific, and unambiguous agreement by the patient or the patient's representative to the use of artificial intelligenceArtificial intelligence"Artificial intelligence" and "generative artificial intelligence" have the meanings given to those terms in Section 2-101 of the Illinois Human Rights Act.225 ILCS 65/50-10 in connection with a recorded or transcribed encounterRecorded or transcribed encounter"Recorded or transcribed encounter" means any audio, video, or text capture of a clinical interaction that is processed by software to produce notes, transcripts, summaries, risk scores, or recommendations for direct patient care.225 ILCS 65/50-10.
"Direct patient careDirect patient care"Direct patient care" means any activity involving assessment, planning, intervention, education, delegation, or evaluation that affects an identifiable patient.225 ILCS 65/50-10" means any activity involving assessment, planning, intervention, education, delegation, or evaluation that affects an identifiable patient.
"Nonclinical information serviceNonclinical information service"Nonclinical information service" means educational or self-help content that does not purport to provide nursing services, clinical advice, diagnosis, or treatment for an identifiable patient.225 ILCS 65/50-10" means educational or self-help content that does not purport to provide nursing services, clinical advice, diagnosis, or treatment for an identifiable patient.
"Recorded or transcribed encounterRecorded or transcribed encounter"Recorded or transcribed encounter" means any audio, video, or text capture of a clinical interaction that is processed by software to produce notes, transcripts, summaries, risk scores, or recommendations for direct patient care.225 ILCS 65/50-10" means any audio, video, or text capture of a clinical interaction that is processed by software to produce notes, transcripts, summaries, risk scores, or recommendations for direct patient careDirect patient care"Direct patient care" means any activity involving assessment, planning, intervention, education, delegation, or evaluation that affects an identifiable patient.225 ILCS 65/50-10.
"Risk scoringRisk scoring"Risk scoring" means any algorithmic score or classification that ranks a patient's likelihood of events such as deterioration, readmission, utilization, mortality, self-harm, or nonadherence.225 ILCS 65/50-10" means any algorithmic score or classification that ranks a patient's likelihood of events such as deterioration, readmission, utilization, mortality, self-harm, or nonadherence.
This section amends the existing definitions section of the Nurse Practice Act to add seven new AI-related defined terms. The most consequential additions are artificial intelligence (incorporated by reference to the Illinois Human Rights Act), consent (requiring written, informed, specific, and unambiguous agreement for AI-recorded encounters), clinical decision support (the only permissible role for AI in nursing), affect recognition (emotion-inference technology prohibited from clinical use), and risk scoring (algorithmic patient risk ranking restricted to use with nurse review). The definitions collectively cabin AI to an advisory role under nurse control.
(a) 1 A registered professional nurseRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10 shall obtain consentConsent"Consent" means a written, informed, freely given, specific, and unambiguous agreement by the patient or the patient's representative to the use of artificial intelligence in connection with a recorded or transcribed encounter.225 ILCS 65/50-10 before using artificial intelligenceArtificial intelligence"Artificial intelligence" and "generative artificial intelligence" have the meanings given to those terms in Section 2-101 of the Illinois Human Rights Act.225 ILCS 65/50-10 to record, transcribe, summarize, or analyze a clinical encounter or its artifacts for direct patient careDirect patient care"Direct patient care" means any activity involving assessment, planning, intervention, education, delegation, or evaluation that affects an identifiable patient.225 ILCS 65/50-10. A registered professional nurseRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10 may not obtain consentConsent"Consent" means a written, informed, freely given, specific, and unambiguous agreement by the patient or the patient's representative to the use of artificial intelligence in connection with a recorded or transcribed encounter.225 ILCS 65/50-10 through the use of prechecked boxes, blanket terms of service, take it or leave it conditions, or other dark patterns. A patient may revoke consentConsent"Consent" means a written, informed, freely given, specific, and unambiguous agreement by the patient or the patient's representative to the use of artificial intelligence in connection with a recorded or transcribed encounter.225 ILCS 65/50-10 at any time, and revocation must be honored without delay.
(b) 1 A registered professional nurseRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10 shall provide a clear mechanism for the revocation of consentConsent"Consent" means a written, informed, freely given, specific, and unambiguous agreement by the patient or the patient's representative to the use of artificial intelligence in connection with a recorded or transcribed encounter.225 ILCS 65/50-10. Upon revocation of consentConsent"Consent" means a written, informed, freely given, specific, and unambiguous agreement by the patient or the patient's representative to the use of artificial intelligence in connection with a recorded or transcribed encounter.225 ILCS 65/50-10, processing stops, and previously generated outputs shall not be used for clinical decisions unless required to preserve the medical record.
(c) This Section does not diminish any federal or State confidentiality protections.
Section 60-36 imposes consent requirements on registered professional nurses before they may use AI to record, transcribe, summarize, or analyze clinical encounters. Consent must be written, informed, freely given, specific, and unambiguous — and may not be obtained through prechecked boxes, blanket terms of service, take-it-or-leave-it conditions, or other dark patterns. Patients may revoke consent at any time, and the nurse must provide a clear revocation mechanism and immediately cease processing. Previously generated AI outputs may not be used for clinical decisions after revocation unless required to preserve the medical record.
Subsection (c) is a savings clause confirming that this section does not diminish any existing federal or state confidentiality protections.
(a) 2 An artificial intelligenceArtificial intelligence"Artificial intelligence" and "generative artificial intelligence" have the meanings given to those terms in Section 2-101 of the Illinois Human Rights Act.225 ILCS 65/50-10 system shall not provide nursing services in place of a registered professional nurseRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10 in direct patient careDirect patient care"Direct patient care" means any activity involving assessment, planning, intervention, education, delegation, or evaluation that affects an identifiable patient.225 ILCS 65/50-10.
(b)(1)–(10) 2 An artificial intelligenceArtificial intelligence"Artificial intelligence" and "generative artificial intelligence" have the meanings given to those terms in Section 2-101 of the Illinois Human Rights Act.225 ILCS 65/50-10 system shall not perform or be assigned any of the following: (1) A comprehensive or focused nursing assessment. (2) Nursing judgment or clinical decision-making. (3) Nursing diagnosis or problem identification. (4) Development, approval, or modification of a nursing plan of care. (5) Delegation decisions. (6) Patient education or counseling that requires clinical judgment. (7) Evaluation of patient responses and outcomes. (8) Affect recognitionAffect recognition"Affect recognition" means technology that infers a person's emotions, mood, mental state, or intent from voice, facial expression, physiology, behavior, or other signals.225 ILCS 65/50-10 used for clinical decisions. (9) Risk scoringRisk scoring"Risk scoring" means any algorithmic score or classification that ranks a patient's likelihood of events such as deterioration, readmission, utilization, mortality, self-harm, or nonadherence.225 ILCS 65/50-10 used for clinical decisions without human review and approval by a nurse. (10) Triage, admission, discharge, or transfer determinations without human review and approval by a nurse.
(c) 3 Any output from an artificial intelligenceArtificial intelligence"Artificial intelligence" and "generative artificial intelligence" have the meanings given to those terms in Section 2-101 of the Illinois Human Rights Act.225 ILCS 65/50-10 system is advisory only. A registered professional nurseRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10 shall not rely on any output without independent review for clinical validity and relevance to the patient.
Section 60-37 is the bill's core prohibition: AI may not provide nursing services in place of a registered professional nurse in direct patient care. The section enumerates ten specific nursing functions that AI may not perform or be assigned, ranging from comprehensive nursing assessments and nursing diagnosis to delegation decisions and care plan development. The section also prohibits affect recognition for clinical decisions and bars risk scoring for clinical decisions without human nurse review and approval. All AI output is advisory only, and nurses must independently review every output for clinical validity and patient relevance before relying on it.
The enumerated prohibitions effectively prevent any autonomous clinical AI deployment in nursing contexts, including triage, admission, discharge, and transfer determinations without nurse review.
(a) 4 A registered professional nurseRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10 shall use artificial intelligenceArtificial intelligence"Artificial intelligence" and "generative artificial intelligence" have the meanings given to those terms in Section 2-101 of the Illinois Human Rights Act.225 ILCS 65/50-10 only as clinical decision supportClinical decision support"Clinical decision support" means information presented to a nurse that assists clinical judgment and allows independent review of the basis for any recommendation.225 ILCS 65/50-10 or for administrative tasks that do not constitute nursing services.
(b) 4 The registered professional nurseRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10 remains responsible and accountable for all nursing services. The registered professional nurseRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10 shall review, interpret, and document the rationale for accepting or rejecting any output from artificial intelligenceArtificial intelligence"Artificial intelligence" and "generative artificial intelligence" have the meanings given to those terms in Section 2-101 of the Illinois Human Rights Act.225 ILCS 65/50-10.
(c) 5 A registered professional nurseRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10 has the right to refuse use or delegation when patient safety requires refusal. An employer shall not retaliate for a good faith refusal under this Section.
Section 60-38 limits the permissible scope of AI in nursing to two categories: clinical decision support (as defined in § 50-10) and administrative tasks that do not constitute nursing services. The nurse retains full responsibility and accountability for all nursing services and must review, interpret, and document the rationale for accepting or rejecting any AI output. Critically, subsection (c) grants nurses the right to refuse AI use or delegation when patient safety requires it and prohibits employer retaliation for good-faith refusal — an anti-retaliation protection embedded in the practice act rather than in a standalone whistleblower statute.
(a) 6 If a registered professional nurseRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10 uses artificial intelligenceArtificial intelligence"Artificial intelligence" and "generative artificial intelligence" have the meanings given to those terms in Section 2-101 of the Illinois Human Rights Act.225 ILCS 65/50-10 in direct patient careDirect patient care"Direct patient care" means any activity involving assessment, planning, intervention, education, delegation, or evaluation that affects an identifiable patient.225 ILCS 65/50-10, the treatment record shall include the system name, version, and a brief description of the role or artificial intelligenceArtificial intelligence"Artificial intelligence" and "generative artificial intelligence" have the meanings given to those terms in Section 2-101 of the Illinois Human Rights Act.225 ILCS 65/50-10.
(b) 7 Patients shall receive written notice in plain language that states artificial intelligenceArtificial intelligence"Artificial intelligence" and "generative artificial intelligence" have the meanings given to those terms in Section 2-101 of the Illinois Human Rights Act.225 ILCS 65/50-10 supports the decision-making of a registered professional nurseRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10 and does not replace a registered professional nurseRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10. The notice shall be included in the admission packet and posted in a conspicuous location in the care setting.
Section 60-39 creates two distinct transparency obligations. Subsection (a) requires that the patient's treatment record include the AI system name, version, and a brief description of the AI's role whenever a nurse uses AI in direct patient care. Subsection (b) requires written plain-language patient notice stating that AI supports the nurse's decision-making but does not replace the nurse. This notice must appear in the admission packet and be posted conspicuously in the care setting — a physical-space posting requirement unusual for AI transparency obligations.
(a) Use of artificial intelligenceArtificial intelligence"Artificial intelligence" and "generative artificial intelligence" have the meanings given to those terms in Section 2-101 of the Illinois Human Rights Act.225 ILCS 65/50-10 does not diminish, waive, or alter any confidentiality or privacy obligation under the Health Insurance Portability and Accountability Act of 1996 and its regulations, the Medical Patient Rights Act, or any other applicable law.
(b) 8 A registered professional nurseRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10 shall ensure that vendors or business associates processing data for artificial intelligenceArtificial intelligence"Artificial intelligence" and "generative artificial intelligence" have the meanings given to those terms in Section 2-101 of the Illinois Human Rights Act.225 ILCS 65/50-10 comply with all confidentiality or privacy obligations under the Health Insurance Portability and Accountability Act of 1996 and its regulations, the Medical Patient Rights Act, or any other applicable law.
Section 60-41 is a savings and flow-through provision. Subsection (a) confirms that AI use does not diminish existing HIPAA, Medical Patient Rights Act, or other confidentiality and privacy obligations. Subsection (b) imposes an affirmative duty on registered professional nurses to ensure that vendors or business associates processing data for AI comply with all applicable confidentiality and privacy obligations. This vendor-oversight duty is a meaningful compliance obligation layered on top of the existing HIPAA business-associate framework.
(a) Sections 60-36 through 60-41 do not apply to nonclinical information servicesNonclinical information service"Nonclinical information service" means educational or self-help content that does not purport to provide nursing services, clinical advice, diagnosis, or treatment for an identifiable patient.225 ILCS 65/50-10 that provide general education or self-help content to the public and do not purport to provide nursing services, clinical advice, diagnosis, or treatment to an identifiable patient.
(b) Sections 60-36 through 60-41 does not restrict administrative uses that do not affect clinical decisions for an identifiable patient, including supply management, room assignment logistics, or claims processing, provided a registered professional nurseRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10's clinical judgment is not displaced.
Section 60-42 carves out two categories from the bill's AI requirements (§§ 60-36 through 60-41): nonclinical information services providing general education or self-help content that do not purport to provide clinical services for identifiable patients, and purely administrative uses (supply management, room assignment logistics, claims processing) that do not affect clinical decisions, provided a nurse's clinical judgment is not displaced. These carve-outs define the outer boundary of the bill's coverage.
(b)(41) 9 Use of artificial intelligenceArtificial intelligence"Artificial intelligence" and "generative artificial intelligence" have the meanings given to those terms in Section 2-101 of the Illinois Human Rights Act.225 ILCS 65/50-10 in place of a registered professional nurseRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10 for any act listed in Section 60-37, directing any person to do so, failure to obtain consentConsent"Consent" means a written, informed, freely given, specific, and unambiguous agreement by the patient or the patient's representative to the use of artificial intelligence in connection with a recorded or transcribed encounter.225 ILCS 65/50-10 required by Section 60-36, or failure to make the disclosures required by Section 60-39, constitutes unprofessional conduct and grounds for discipline.
Section 70-5 amends the existing disciplinary-grounds provision of the Nurse Practice Act to add a new paragraph (41) making it unprofessional conduct — and grounds for discipline — for a registered professional nurse to use AI in place of a nurse for any act listed in § 60-37, to direct any person to do so, to fail to obtain consent required by § 60-36, or to fail to make disclosures required by § 60-39. This creates the enforcement hook connecting the substantive AI provisions to the Department's existing licensure discipline authority.
(a)(1) 10 Maintain validation and bias monitoring records for each system and make such records available to the Department upon request.
(a)(2) 11 Provide registered professional nursesRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10 with training on intended use, data limits, and known failure modes.
(a)(3) 12 Ensure registered professional nursesRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10 have access to data inputs and key factors that produced any recommendation used in direct patient careDirect patient care"Direct patient care" means any activity involving assessment, planning, intervention, education, delegation, or evaluation that affects an identifiable patient.225 ILCS 65/50-10.
(a)(4) 13 Prohibit staffing, triage, admission, discharge, or transfer decisions that rely solely on artificial intelligenceArtificial intelligence"Artificial intelligence" and "generative artificial intelligence" have the meanings given to those terms in Section 2-101 of the Illinois Human Rights Act.225 ILCS 65/50-10. Human clinical review by a registered professional nurseRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10 is required.
(b) The Department may investigate any health care entityHealth care entityA health care entity that employs registered professional nurses and deploys artificial intelligence in direct patient care.225 ILCS 65/70-27 for a violation of this Section and regarding violations of Sections 60-36 through 60-41 of the Nurse Practice Act by a registered professional nurseRegistered professional nurse"Registered Nurse" or "Registered Professional Nurse" means a person who is licensed as a professional nurse under this Act and practices nursing as defined in this Act. Only a registered nurse licensed under this Act is entitled to use the titles "registered nurse" and "registered professional nurse" and the abbreviation, "R.N.".225 ILCS 65/50-10 employed by the health care entityHealth care entityA health care entity that employs registered professional nurses and deploys artificial intelligence in direct patient care.225 ILCS 65/70-27.
(c)–(d) The Department may impose a civil penalty on any health care entityHealth care entityA health care entity that employs registered professional nurses and deploys artificial intelligence in direct patient care.225 ILCS 65/70-27 that violates this Section. Each day of noncompliance is a separate offense. Hearings on civil penalties under this Section shall follow the procedures set forth in the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
Section 70-27 shifts the compliance target from individual nurses to the health care entity that employs them and deploys AI in direct patient care. It imposes four operational obligations: maintaining validation and bias monitoring records for each AI system (available to the Department on request), providing nurses with training on intended use, data limitations, and known failure modes, ensuring nurses have access to data inputs and key factors behind AI recommendations, and prohibiting staffing, triage, admission, discharge, or transfer decisions that rely solely on AI without nurse clinical review. The Department may investigate entities, and each day of noncompliance constitutes a separate civil-penalty offense.