Bill > SB3702

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), "artificial intelligence" and "generative artificial intelligence" (as defined in the Illinois Human Rights Act), "clinical decision support" (information assisting a nurse's judgment), "consent" (a patient's explicit agreement), "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, prohibiting AI from replacing nursing services or performing core nursing functions like assessments, diagnoses, or developing care plans, and mandating that AI outputs are advisory only, requiring independent nurse review. The bill also requires patients to be notified that AI supports, but does not replace, nurses, and that confidentiality protections remain in place. 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, ensure nurses have access to AI's data inputs and reasoning, and prohibit staffing or patient flow decisions that rely solely on AI. Violations of these AI provisions by nurses can lead to disciplinary action, and healthcare entities can face investigations and civil penalties for non-compliance.

Government Affairs

https://www.ilga.gov/Legislation/BillStatus?DocNum=3702&GAID=18&DocTypeID=SB&SessionID=114&GA=104