Bill > HB4804

This bill amends the Nurse Practice Act to establish regulations for the use of artificial intelligence (AI) by registered professional nurses, defining terms like "affect recognition" (technology that infers emotions from signals), "artificial intelligence" (as defined in the Illinois Human Rights Act), "clinical decision support" (information that aids a nurse's judgment), "consent" (written, informed agreement from a patient), "direct patient care" (activities affecting an identifiable patient), "nonclinical information service" (general educational content), and "recorded or transcribed encounter" (digital capture of clinical interactions). Key provisions include requiring nurses to obtain explicit patient consent before using AI in recorded or transcribed patient encounters for direct patient care, with patients having the right to revoke consent; prohibiting AI from replacing nursing services or performing core nursing functions like assessments, clinical decision-making, or patient education without human oversight; mandating that AI outputs are advisory and must be independently reviewed by a nurse for clinical validity; requiring nurses to remain accountable for all nursing services and document their rationale for accepting or rejecting AI recommendations; ensuring patients receive clear written notice that AI supports, but does not replace, nurses; and upholding all existing confidentiality protections, including those under HIPAA. The bill also clarifies that these regulations do not apply to nonclinical information services or administrative uses that don't impact clinical decisions for identifiable patients. Furthermore, healthcare entities employing nurses who use AI in direct patient care must maintain validation and bias monitoring records, provide nurses with training on AI use and limitations, grant nurses access to AI data inputs and reasoning, and prohibit staffing or patient disposition decisions that rely solely on AI. Violations of these AI provisions by nurses are added as grounds for disciplinary action, and the Department of Financial and Professional Regulation is empowered to investigate healthcare entities for noncompliance.

Health and Social Services

https://www.ilga.gov/Legislation/BillStatus?DocNum=4804&GAID=18&DocTypeID=HB&SessionID=114&GA=104