Nursing Workforce

Professional News

Appointment of Nursing Act Coordinator. The following announcement was released in July by Dean Martinez, Secretary of the Illinois Department of Financial and Professional Regulation. Michele Lynne Bromberg was named Nursing Coordinator for the Department of Financial and Professional Regulation, Division of Professional Regulation. She began working at IDFPR earlier this week. Her responsibilities include the creation of the Nursing Center, a budget priority funded by Gov. Blagojevich in 2007, as part of his ongoing efforts to improve access to and increase quality of health care for Illinois residents. For the next few months, Bromberg will be traveling across the state, meeting with nurses, health care providers and educators to learn first-hand their ideas about the nursing center and other issues affecting health care in Illinois.

“We are delighted to have Ms. Bromberg on staff. With her broad range of experience and her demonstrated understanding of how public policy affects the health care options of Illinois families, she will provide the leadership necessary to increase the prominence of nursing in our state, said Dean Martinez, Secretary, Illinois Department of Financial and Professional Regulation.

For the next few months, Bromberg will be traveling across the state, meeting with nurses, health care providers and educators to learn first-hand their ideas about the nursing center and other issues affecting health care in Illinois.

In addition, Bromberg will oversee the certification process for nursing education, work with the Nursing Boards and health care leaders across the state to expand opportunities for nurses to work and teach in Illinois.

Bromberg comes to this position with unique qualifications. In her career in nursing, teaching and supervising, she has experience running the gamut from maternal/child health care to special training in psychiatric nursing. She taught clinical courses for students at Loyola and North Park University in psychiatric nursing, maternal child health, rehabilitation, geriatric and skills training. Bromberg also has experience in working with state and local government to develop appropriate health care policies.

The number of potential caregivers, including nurses, is projected to decrease 4.2 percent between 2000 and 2020, while the number of those who need care is projected to increase by 31 percent. All told, by 2020 Illinois could be facing a shortage of over 21,000 nurses. According to region-by-region numbers put together by the Illinois Department of Commerce and Economic Opportunity (DCEO), the state currently has a nursing shortage of 7 percent (vacancies vs. jobs filled) and that shortage is projected to grow to almost 8,000 registered nurses and 1,200 licensed practical nurses (per year, projected through 2010).

“Bromberg will be on the front lines of policy development during the critical next two years,” said Daniel E. Bluthardt, Director, Division of Professional Regulation. “We’re re-writing the Nursing and Advanced Practice Nursing Act and creating the long sought Nursing Center in Illinois. Bromberg’s expertise will have a significant role in ensuring the success of each.”

“When I began my nursing career 20 years ago, I quickly learned that government had a vast potential to make health care more accessible to our residents, said Bromberg about her new position. “This job will allow me to help create an environment that encourages the best and the brightest nurses to work and prosper in Illinois.”

In order to eliminate the nursing shortage, approximately $3-5 million a year will be spent on these programs through 2020, for a total of about $50 million. Included in that funding, the Center for Nursing, which will be created and supervised by Bromberg. The center will work on developing a strategic plan for nursing manpower in Illinois, maintaining a database on nursing supply and demand, and creating nursing retention and recruitment initiatives.

Please join the Department/Division in welcoming Ms. Bromberg on board.

STATE OF AFFAIRS
ILLINOIS: ACTION PLAN
New legislation passed to address the nursing shortage
Submitted by Kodi Khadivar, Regional Editor, Advance for Nurses
This article has been reprinted with permission from ADVANCE Newsmagazines © 2006 Merion Publications, Inc. All rights reserved.

Nurses in Illinois are hoping an initiative of Gov. Rod Blagojevich, recently enacted by the General Assembly, will provide the resources needed to address the state's growing nursing shortage.

Center for Nursing
Senate Bill 931 will put into action a Center for Nursing within the Illinois Department of Financial and Professional Regulation. Dean Martinez, secretary of the newly formed department, has been traveling throughout the state, speaking to several nursing groups about the bill's initiatives and its proposed impact on the state.

Martinez recently attended a meeting held by the Illinois Coalition for Nursing Resources (ICNR), a group made up of nurses and other healthcare professionals working to secure additional nursing resources for the state. He told the group he is in the process of hiring a nursing head coordinator and assistant nursing head coordinator to manage the new Center for Nursing.
Martinez said the coordinators will help develop a strategic plan to increase nursing manpower in Illinois and will work closely with groups like ICNR that already have important programs in place to address the state's nursing shortage. According to Martinez, the center's goal is to have 20,000 more nurses in Illinois by 2020.

Grants & Scholarships
Aside from the development of the Center for Nursing, Martinez outlined several other key points within the bill, including the creation of various grant and scholarship programs.

• Nursing Educator Scholarships
  Because every additional faculty member in nursing can add 10 more nurses to the workforce, the state has earmarked $1.3 million for nursing educator scholarships this year. According to Martinez, a timeline has not yet been defined for requesting applications and distributing these scholarships.
  
  
• Student Loan Repayment Program
  The legislation also contains provisions for a future loan forgiveness program for individuals who choose to become nursing faculty. The program will be up and running in fiscal year 2008. It will allow current nurse educators and those in master's-level or PhD programs working to become nurse educators to receive $5,000 in student loan forgiveness each year for up to 4 years. For every year of student loan forgiveness received, they must work 1 year as nurse educators in Illinois.
  
  
• Grants for Nursing Schools
  According to the Department of Financial and Professional Regulation, more than 1,100 qualified applicants were turned away from baccalaureate nursing programs in Illinois last year. To address this, $1.5 million in grant funds will be available to nursing schools in fiscal year 2007. The funds could be used to hire more faculty members or create other training programs. In addition, $150,000 will be available for 15 nurse educator fellowships that would supplement faculty salaries.
• Changes to Existing State Scholarship Program
  The existing nursing scholarship program also will be revised to improve the completion rate of nursing education programs. Merit, in addition to financial need, will be taken into consideration when determining recipients of the nursing scholarships. Merit will be shown through measures such as GPA, class rank, and academic and extracurricular activities.

Licensing Process
Another part of the new bill includes streamlining the nurse-licensing process.

"To attract nurses from other states and around the world, we need to make it easier to get a nursing license in Illinois," Martinez said. "By July of this year, nurses will be able to get their license in 4 weeks."

While the time it takes to process paper applications for a nurse license will be reduced from 8 weeks to 4 weeks, online applications will continue to be processed within 2 weeks.

To encourage more online applications, the department will add a Web feature to allow applicants to track their licensing process.

"The idea came from a nursing student," Martinez said. "We're listening and trying to make Illinois a more attractive place for nurses to work."

Martinez reported paper applications will not go away, but there will be a significant change in their appearance. He said the new application will resemble a postcard. Martinez's department will turn to nursing groups throughout the state to help inform nurses about the change, so the new forms will not be overlooked.

He also noted the e-Batch License Renewal system, which enables nurses to renew their licenses through their places of employment, will remain unchanged due to positive feedback.

Just the Beginning
While members of the ICNR expressed excitement about the new legislation, they also raised several other important issues and ideas to address the nursing shortage in Illinois. They asked about increasing nurse educator salaries, increasing the number of minority nurses and workplace retention.

Martinez said that, from his department's perspective, this is just the beginning. He is asking nursing groups throughout the state to work with the new coordinators of the Center for Nursing, evaluate the new legislation and come up with more solutions that can be implemented in Illinois.

Kodi Khadivar is regional editor at ADVANCE.

The Illinois Center for Nursing
The first meeting of the Center for Nursing Advisory Board was held on November 2, 2006. Michele Bromberg, Nursing Act Coordinator, also unveiled the website housing the IDFPR Center for Nursing. It can be viewed at www.nursing.illinois.gov.

Forty ICNR members had indicated interest in being appointed to the Center for Nursing Advisory Board. Their resumes and statements of interest were sent to the Department in July. Ms. Bromberg announced that Nancy Cutler, Vice President of Inpatient Operations & Nursing Services at Marianjoy Rehabilitation Hospital in Wheaton, is the Board member selected from the ICNR nominees. Congratulations to Nancy. She will keep ICNR members informed of activities of the Center for Nursing Advisory Board.

Once Every Ten Years Illinois Nurses have a Sunset
The Illinois Regulatory Sunset Act has been around for awhile. It was enacted in 1979. It is not a long act and hasn’t changed much since it’s enactment but it has had a big impact on the regulated professions in Illinois, especially nursing. From its inception, Nurses have viewed the every ten year sunset process as an opportunity to pull the Illinois Nursing Act apart, examine each section, and rewrite outdated or out-moded policy for the governance of nursing and nursing education in Illinois.

In 1987 the most contentious issue for the profession was entry into practice. The state’s nurses were severely divided over the ANA proposal of 1966 that the minimum requirement for practice as a Registered Professional Nurse should be baccalaureate education. Then, as now, the members of the profession on the side of Associate Degree education prevailed. Associate degree programs were providing a majority of the nursing graduates and still are. There was a lot of concern over a nursing shortage that could not be resolved if Associate Degree programs were no longer allowed to educate Registered Professional Nurses.

In 1997 the most contentious issue was the utilization of Unlicensed Assistive Personnel. The concern was directed mostly at hospitals who were (and are) training their own nurse assistants. Because the Sunset coalition members could not come to agreement regarding regulatory language for nurse assistants in time to renew the act, language was included in the act to enable a task force composed of nurses representing opposing organizations to study the issue and make a recommendation to the General Assembly about the use of UAPs. That task force met a few times but never finished its work or its recommendation.

The 2007 sunset has been different, mostly due to the leadership of Dr. Maryann Alexander, who was the Nursing Act Coordinator in 2005 and who decided nurses in Illinois needed a formal process to review the Act. She developed the process and included all major nursing organizations in the State in the process, inviting every one to engage in the review of the Illinois Nursing and Advanced Practice Nursing Act. From the beginning the Sunset Task Force had clear direction and clear goals: To write a better Act and to work collaboratively and ultimately consensually for the good of the majority.

Almost 200 people have participated directly in this process. Many more voices have been heard through efforts of organizations such as the Illinois Coalition for Nursing Resources, which has kept its members informed every step of the way and invited comment and input from the beginning.

Right now the sunset task force is at the review stage. The seven working groups have worked on developing their sections for the new act, draft language has been developed and the Review Panel has reviewed. The whole Sunset Task Force will meet again on November 15 to hear all the proposals as refined by the Review Panel and to prepare for the next step... consensus on what will be sent to the organizing, editing and language group.

At the August meeting of ICNR Dr. Alexander presented highlights of the changes being proposed to the Act. She updated this presentation at the Board of Nursing meeting on November 3. A summary of the process and proposals is presented here.

The Sunset Task Force is comprised of almost 200 individuals representing various nursing organizations and associations around the State.
The goals of the process are:

• A clear and flexible law that allows for professional growth and expansion of practice, but safeguards the public.
• Nursing in Illinois speaks with one voice.
• Collaboration among many groups and individuals.
• Exemplar for other states.

The Task Force Mission is

1. Promote the public health, safety and welfare of the citizens of Illinois.
2. Promote better outcomes.
3. Provide leadership to advance nursing excellence.

Seven working groups were appointed to work on individual sections of the Act. They are:

• General/ Introduction/ Definitions
• Continued competency
• Board of Nursing
• Violations and Discipline
• Licensure
• Scope of Practice
• Education

The progression process has been:
1. Working Groups review their sections, discuss, and make recommendations.
They were instructed to base recommendations for change in policy on the following:

Data
Other States
Model Practice Act (National Council of State Boards of Nursing)
Other Professions
Input from lobbyists and organizations
Input from the Nursing profession
And current policy environment in Illinois

Working Groups also discussed and were cognizant of the Nursing Shortage and considered proposals that would

• Get an increased number of nurses into the workforce
• Assist with delegation processes
• Assist with expansion of capacity of nursing education in Illinois.
• Consider how the nursing scope of practice impacts both the nursing shortage and quality of nursing care in Illinois.

2. The Task Force at Large hears the recommendations, discusses and makes recommendations back to the Working Groups for review and changes.
(Steps one and two occur several times with back and forth.)
3. Review Panel reviews all final recommendations and their review goes back to the task force at large.
4. Organizing, Editing and development of legislative language.
5. Final language goes to the Illinois Nursing and Advanced Practice Nursing Boards.
6. Grassroots Efforts
Once the language is approved grassroots efforts as follow will take place around the state.

• Educate nurses around the state.
• Organizational newsletters, e-mail.
• Information/education sessions.
• Talk with legislators.
• Nurses need to support the changes.

7. The language then goes to various lobbyists and Professional Nursing Organizations and sponsors for the bill are sought.
8. The bill is introduced (target Jan-Feb 2007 and goes through the legislative process.

Proposals for language and substance change to the Act include the following according to Dr. Alexander:

Definitions
License Pending Nurse: A person who has passed the state approved licensure exam and has applied for a license from the Department.
Registered Nurse: Change
A registered nurse provides holistic care through the nursing process (replaces current first line in nursing definition)
Delegation definition expanded
Imposter Nurse definition added.

Education

• Increased rigor in the process of gaining approval for a new nursing program. Approval by the Department upon recommendation of the BON is required for all new LPN and RN programs. In addition the Department shall approve all new curricula and any changes that affect the level of educational preparation of the program or the addition of an existing program.
  
  1. New programs shall submit the following:
     
     • Letter of intent
     • Feasibility study
     • Curriculum
     • Site visit (report)
  2. Initial approval is for one year. A second site visit will follow the second year.
  
  This information along with first class’s NCLEX scores will be the final determinant for approval.
  Routine site visits shall be conducted periodically. These may be waived if the program is accredited by NLNAC or AACN, the program’s passing rate is above the state standard and there have been no complaints filed against the school.
• Elimination of Nurse Internship Programs.
• Approval process for out of state and distance learning programs.

Scope of Practice

• Addition of Scope of Practice for RN, LPN, and APNs.
• Standards of Professional Conduct being moved from the Rules to the Act.
• Delegation definition and process included in Scope
• Prescriptive authority for Schedule II drugs for APNs.
• Elimination of the Collaborative Agreement for advanced practice nurses who are credentialed and privileged by the governing body of the institution for which they work.

Privileging- definition
The authorization granted by the governing body of a healthcare facility, agency or organization to provide specific patient care services within well-defined limits, based on qualifications reviewed in the credentialing process. The governing body determines which procedures may be performed and which conditions may be treated by the practitioner and therefore grants specific permission to the practitioner to provide those services. Education, clinical competence and the capabilities of the practice site should determine practice delineation. ANA (2004)
Rationale:

1. A collaborative practice agreement is a duplicative process. Credentialing and Privileging and collaborative practice agreements are the same processes.
2. More rigorous process than what occurs with many of the collaborative agreements.
3. Better regulation. Standardized criteria for all practitioners in an institution.
4. Eases the burden on the physician. Many institutions ask the department chair or other physicians to sign a collaborative agreement for a nurse that they have not hired, have had no input into the hiring of, and do not know their education, credentials or qualifications.
5. Institution credentials and privileges them and holds them accountable.
6. Collaborative practice agreements being signed by numerous physicians. Who is collaborating physician? Confusing and distorts the regulation.

Licensing

• Elimination of “work permit” for new graduates. Once the NCLEX is passed, however, the successful graduate may work in a license pending status for up to 3 months or until they receive a license or are denied a license.
• Graduate nurses have 2 years from the date of graduation from the nursing program to take and pass the NCLEX.
• APNs who meet the requirements for licensure in more than 1 area of advanced practice shall receive only 1 license.
• Addition of licensure requirements for internationally educated advanced practice nurses.
  
  Credentials evaluation for both undergraduate and graduate program.
  Must show coursework equivalent to US graduate APNs
  Masters Degree
  Licensure exam
  Test of English Language
  Certification exam
• A licensee seeking restoration of a license after 5 years required to pass the licensure/certification exam prior to application.

Discipline

• Imposter nurse may be charged with a felony.
• Permanent bars to licensure.
• Impaired Nurse Program contained within the Act.

Board of Nursing

• One board with RN, LPN representatives and 1 from each of the APN specialty areas and a public member.
  13 Members:
  
  LPN
  LPN Educator
  ADN Educator
  BSN Educator
  RN representing practice
  One RN and One LPN working as direct care providers
  Nurse Administrator
  Four APNs (one from each APN specialty)
  Public Member
  
  5 Years experience
• 3 year staggered terms.
• More defined description of the role of the board.
The Board may appoint advisory committees to assist in the review of a particular problem or task. Must consist of at least 3 licensees.
• Title of Nursing Act Coordinator is changed to Nurse Coordinator.

Continued Competence

• Addition of 20 hours of CE for RNs and LPNs every 2 years.

The Regulatory Sunset Act is included here. Nurses should note that the original purpose of the Act was to streamline government by deleting unnecessary practice acts. No practice act has ever been deleted. In fact, several new acts have been added since the Sunset Act was passed. Also originally, the Bureau of the Budget (now the Governor’s Office of Management and Budget) was to designate an agency to conduct the studies and make the recommendations. In 1987 the Bureau of the Budget conducted a study and did a report on nursing and sent its recommendations to the General Assembly. But since that time the Office of the Budget has essentially allowed the professions themselves to determine the changes to their acts. None have been as thorough in review of the practice acts as nurses. Many of the professions merely amend the act every ten years by rolling out the sunset another ten years. Others propose a few minor and even fewer major changes.
GENERAL PROVISIONS
(5 ILCS 80/) Regulatory Sunset Act.
Sec. 1. This Act shall be known and may be cited as the Regulatory Sunset Act.
Sec. 2. Findings and intent.

• The General Assembly finds that State government actions have produced a substantial increase in numbers of agencies, growth of programs and proliferation of rules and regulations and that the whole process developed without sufficient legislative oversight, regulatory accountability or a system of checks and balances. The General assembly further finds that by establishing a system for the termination or continuation of such agencies and programs, it will be in a better position to evaluate the need for the continued existence of present and future regulatory bodies.
• It is the intent of the General Assembly:
  
  1. That no profession, occupation, business, industry or trade shall be subject to the State’s regulatory power unless the exercise of such power is necessary to protect the public health, safety or welfare from significant and discernible harm or damage. The exercise of the State's police power shall be done only to the extent necessary for that purpose.
  2. That the State shall not regulate a profession, occupation, industry, business or trade in a manner which will unreasonably and adversely affect the competitive market.
  3. To provide systematic legislative review of the need for, and public benefits derived from, a program or function that licenses or otherwise regulates the initial entry into a profession, occupation, business, industry or trade by a periodic review and termination, modification, or continuation of those programs and functions.

Sec. 3. Definitions. As used in this Act, unless the context clearly requires otherwise:

"Regulatory agency" or "agency" means any arm, branch, department, board, committee or commission of State government that licenses, supervises, exercises control over, or issues rules regarding, or otherwise regulates any trade, occupation, business, industry or profession.

"Program" means a system to license or otherwise regulate the initial entry into a profession, occupation, business, industry, or trade by a periodic review and termination, modification, or continuation of the profession, occupation, business, industry, or trade.

Sec. 4. Repealers. Each Act listed in the Sections following this Section and preceding Section 5 is repealed on the date indicated, unless prior to that date the General Assembly enacts legislation providing for the continuation of the agency or program affected by the repealer.

Acts repealed on January 1, 2007. The following are repealed on January 1, 2007:

The Boiler and Pressure Vessel Repairer Regulation
The Clinical Psychologist Licensing Act.
The Illinois Optometric Practice Act of 1987.
The Medical Practice Act of 1987.
The Environmental Health Practitioner Licensing Act.
The Structural Pest Control Act.

Acts repealed January 1, 2008. The following Acts are repealed on January 1, 2008:

The Acupuncture Practice Act.
The Clinical Social Work and Social Work Practice Act.
The Home Medical Equipment and Services Provider License Act.
The Nursing and Advanced Practice Nursing Act.
The Illinois Petroleum Education and Marketing Act.
The Illinois Speech Language Pathology and Audiology Practice Act.
The Marriage and Family Therapy Licensing Act.
The Nursing Home Administrators Licensing and Disciplinary Act.
The Pharmacy Practice Act of 1987.
The Physician Assistant Practice Act of 1987.
The Podiatric Medical Practice Act of 1987.
The Structural Pest Control Act.

Act repealed on January 1, 2009. The following Act is repealed on January 1, 2009:

The Burn Injury Reporting Act.

Acts repealed on January 1, 2010. The following Acts are repealed on January 1, 2010:

The Auction License Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Land Sales Registration Act of 1999.
The Orthotics, Prosthetics, and Pedorthics Practice Act.
The Perfusionist Practice Act.
The Professional Engineering Practice Act of 1989.
The Real Estate License Act of 2000.
The Structural Engineering Practice Act of 1989.

Acts repealed on January 1, 2011. The following Acts are repealed on January 1, 2011:

The Fire Equipment Distributor and Employee Regulation Act of 2000.
The Radiation Protection Act of 1990.

Act repealed on January 1, 2012. The following Acts are repealed on January 1, 2012:

The Petroleum Equipment Contractors Licensing Act.
The Detection of Deception Examiners Act.
The Home Inspector License Act.
The Interior Design Title Act.
The Professional Boxing Act.
The Real Estate Appraiser Licensing Act of 2002.
The Water Well and Pump Installation Contractor's License Act.
The Massage Licensing Act.

Act repealed on January 1, 2013. The following Acts are repealed on January 1, 2013:

The Wholesale Drug Distribution Licensing Act.
The Funeral Directors and Embalmers Licensing Code.
The Dietetic and Nutrition Services Practice Act.
The Naprapathic Practice Act.
The Professional Counselor and Clinical Professional Counselor Licensing Act.
Section 2.5 of the Illinois Plumbing License Law.
The Elevator Safety and Regulation Act.

Acts repealed on January 1, 2014. The following Acts are repealed on January 1, 2014:

The Electrologist Licensing Act.
The Illinois Public Accounting Act.
The Registered Surgical Assistant and Registered Surgical Technologist Title

Protection Act.

The Veterinary Medicine and Surgery Practice Act of 2004.
The Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004.
The Illinois Certified Shorthand Reporters Act of 1984.
The Illinois Occupational Therapy Practice Act.

Act repealed on January 1, 2015. The following Act is repealed on January 1, 2015:

The Genetic Counselor Licensing Act.

Act repealed on January 1, 2016. The following Acts are repealed on January 1, 2016:

The Illinois Athletic Trainers Practice Act.
The Illinois Roofing Industry Licensing Act.
The Illinois Dental Practice Act.
The Collection Agency Act.
The Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985.
The Respiratory Care Practice Act.
The Hearing Instrument Consumer Protection Act.
The Illinois Physical Therapy Act.
The Professional Geologist Licensing Act.

Act repealed on January 1, 2017. The following Acts are repealed on January 1, 2017:

The Illinois Optometric Practice Act of 1987.
The Clinical Psychologist Licensing Act.
The Boiler and Pressure Vessel Repairer Regulation Act.

Sec. 5. Study and report. The Governor's Office of Management and Budget shall study the performance of each regulatory agency and program scheduled for termination under this Act and report annually to the Governor the results of such study, including in the report recommendations with respect to those agencies and programs the Governor's Office of Management and Budget determines should be terminated or continued by the State. The Governor shall review the report of the Governor's Office of Management and Budget and in each even numbered year make recommendations to the General Assembly on the termination or continuation of regulatory agencies and programs.

Sec. 6. Factors to be studied. In conducting the study required under Section 5, the Governor's Office of Management and Budget shall consider, but is not limited to consideration of, the following factors in determining whether an agency or program should be recommended for termination or continuation:

1. The extent to which the agency or program has permitted qualified applicants to serve the public;
2. The extent to which the trade, business, profession, occupation or industry being regulated is being administered in a nondiscriminatory manner both in terms of employment and the rendering of services;
3. The extent to which the regulatory agency or program has operated in the public interest, and the extent to which its operation has been impeded or enhanced by existing statutes, procedures, and practices of any other department of State government, and any other circumstances, including budgetary, resource, and personnel matters;
4. The extent to which the agency running the program has recommended statutory changes to the General Assembly that would benefit the public as opposed to the persons it regulates;
5. The extent to which the agency or program has required the persons it regulates to report to it concerning the impact of rules and decisions of the agency or the impact of the program on the public regarding improved service, economy of service, and availability of service;
6. The extent to which persons regulated by the agency or under the program have been required to assess problems in their industry that affect the public;
7. The extent to which the agency or program has encouraged participation by the public in making its rules and decisions as opposed to participation solely by the persons it regulates and the extent to which such rules and decisions are consistent with statutory authority;
8. The efficiency with which formal public complaints filed with the regulatory agency or under the program concerning persons subject to regulation have been processed to completion, by the executive director of the regulatory agencies or programs, by the Attorney General and by any other applicable department of State government; and
9. The extent to which changes are necessary in the enabling laws of the agency or program to adequately comply with the factors listed in this Section. Sec. 7. Additional criteria. In determining whether to recommend to the General Assembly under Section 5 the continuation of a regulatory agency or program or any function thereof, the Governor shall also consider the following criteria:
   1. whether the absence of regulation would significantly harm or endanger the public health, safety or welfare;
   2. whether there is a reasonable relationship between the exercise of the State's police power and the protection of the public health, safety or welfare;
   3. whether there is another less restrictive method of regulation available which could adequately protect the public;
   4. whether the regulation has the effect of directly or indirectly increasing the costs of any goods or services involved, and if so, to what degree;
   5. whether the increase in cost is more harmful to the public than the harm which could result from the absence of regulation; and
   6. 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.

Sec. 11. Personnel or appropriations affected by repeal of regulatory law. The General Assembly by law may provide for transitional use of personnel or appropriations affected by repeal of regulatory functions or programs under this Act. No later than one year from the date of repeal of any Act as provided in the Sections following Section 4 and preceding Section 5, the board, committee, or other unit of government or subunit thereof, and the personnel positions responsible for carrying out the powers, duties, and functions created by the repealed Act, shall be abolished and all unexpended balances of appropriations, allocation or other funds shall revert to the fund from which they were appropriated, or if that fund is abolished, to the General Revenue Fund.

Sec. 12. (a) Any program or function scheduled for termination under this Act may be re established by the General Assembly for any period of time specified by law, not to exceed 10 years, at the end of which time the General Assembly shall again review such program, or function and may again re establish, modify or allow the termination of such program or function.

(b) Any program or function created in whole or in part to regulate any profession or occupation by law enacted after the effective date of this Act shall be reviewed as provided in this Act, beginning during the next succeeding review cycle 10 years after the effective date of such law.

Sec. 14. This Act shall not affect any claim or right of a citizen against any regulatory agency, or any claim or right of an agency, terminated pursuant to this Act. Those claims, rights and obligations shall be assumed by the Attorney General. Nothing in this Act shall interfere with the General Assembly otherwise considering legislation on any regulatory agency.